Saturday, April 12, 2008

MOVE YOUR CHILD AND LOSE CUSTODY, ALSO SPOUSAL SUPPORT DISCUSSED

Move your child you may lose custody, and discussion on spousal support
__________________________
GOOD MORNING FLINT!
BY Terry Bankert 4/12//08
You are invited to join me at Face Book http://www.facebook.com/people/Terry_Bankert/645845362 ___________________________
Full article at http://goodmorningflint.blogspot.com/
SUMMARY ON Flint Talk
http://flinttalk.com/viewtopic.php?p=27264#27264
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WFLT 1420 AM 9 AM 4/12/08- PROGRAM “ KNOW THE LAW” CALL IN! On Saturday 4/12/08 from 9:am until 9:30 am We will talk about Changes in residence of a child and custody followed by reviewing a case on spousal support on my radio program “ Know the Law” WFLT 1420 am radio.

This is a call in program and you may ask question on the air by calling 810-239-5733.
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CHANGE IN CHILDS RESIDENCE

Issues: Custody; Proposed change of the parties' minor child's residence;

When the plaintiff-mother's move was less than 100 miles and was the move alone insufficient to constitute a change in circumstances warranting an evidentiary hearing on the best interest factors under MCL 722.27(1)(c); Mason v. Simmons; MCL 722.27(1)(c); Vodvarka v. Grasmeyer;

Proposed modification of parenting time amounting to a change in the established custodial environment; Brown v. Loveman;

Whether the trial court properly placed the burden of proof on plaintiff to prove the move was in the child's best interests; Sinicropi v. Mazurek;

Whether plaintiff met her burden of proof 1. Court: Michigan Court of Appeals (Published) 4/8/2008 Case Name: Powery v. Wells Mason Circuit Court Family Division e-Journal Number: 38998 04-000326 DM Judge(s): Saad, Wilder, and Smolenski

see: http://www.michbar.org/opinions/appeals/2008/040808/38998.pdf

Concluding any modification of "parenting time" based on the plaintiff-mother's move from Ludington to Traverse City would amount to a change in the established custodial environment and thus, an analysis under the best interest factors framework was required, the court held the trial court properly conducted an evidentiary hearing. The Michigan Law MCL 722.27(1)©) and the controlling case called ; Vodvarka v. Grasmeyer; require that when a parent asks for a change in custody they must show a change of circumstances that materially affect the child. Mother/Plaintiff argued her move was less than 100 miles and thus, insufficient to constitute a change of circumstances warranting an evidentiary hearing.

The court disagreed. While plaintiff contended the move only required a modification of parenting time, the evidence at the motion hearing showed if she moved to Traverse City, either she or the defendant-father "would be relegated to the role of a 'weekend' parent," amounting to a change in the established custodial environment.

The trial court also did not err in placing the burden of proof on plaintiff to prove the move was in the child's best interests.

While defendant filed the motion to change custody after plaintiff told him she planned to make the move, she requested a modification to the existing parenting time arrangement based on her move. Since plaintiff made the move necessitating the modification of parenting time, she had the burden of establishing the existing custody arrangement should be disrupted. The court held plaintiff failed to establish the move was in the child's best interests.

There were only two possible outcomes - one or the other parent would become a weekend parent. The trial court expressly found removing the child to Traverse City, where she would lose her regular mid-week contact with defendant, did not promote her best interests.

This meant of the two available options, weekly custody with defendant was the one in the child's best interests. The trial court clearly found the continuity of remaining in Ludington was preferable to the uncertainty of the move.

The court affirmed the trial court's order ruling the child's residence not be changed and granting defendant weekly physical custody during the school year in the event plaintiff remained in Traverse City.
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SPOUSAL SUPPORT

Issues: Spousal support; Moore v. Moore; Olson v. Olson; McNamara v. McNamara;

Whether the award of spousal support should be modifiable; Staple v. Staple; Alimony in gross; MCL 552.28;

Whether the trial court properly divided the marital property; Sparks v. Sparks; Gates v. Gates; The 2003 tax refund; Insurance proceeds; The parties' vehicles; Attorney fees; Omdahl v. West Iron County Bd. of Educ. Court: Michigan Court of Appeals (Unpublished) 4-3-08

SEE
http://www.michbar.org/opinions/appeals/2008/040308/38960.pdf

Case Name: Hagen v. Jones-Hagen Wayne Circuit Court Family Division 04-403829-DO e-Journal Number: 38960 Judge(s): Per Curiam - Whitbeck and Zahra; Concurring in part, Dissenting in part - White

The trial court properly awarded the defendant-wife $1,000 a month in spousal support for two-and-a-half years, which was designated as nonmodifiable, and the court held she was not entitled to spousal support for life.

The trial court based the award on the parties' incomes at the time, their lack of assets, and the amount of debt accrued during the marriage.

The parties were married for seven years when they separated and were married for nine-and-a-half years when the divorce judgment was finally entered. Plaintiff earned $96,000 a year at GM.

The parties amassed significant debt during the marriage and plaintiff accepted the burden of the debt in the divorce and his Chapter 13 bankruptcy proceedings.

Plaintiff pays $750 in child support monthly, $1,000 in spousal support, $368 for defendant's health insurance premiums, and $2,200 on his Chapter 13 repayment plan in addition to the outstanding debt on one house, the library fine, and his current monthly bills for utilities, car insurance, food, and other necessities.

Although defendant claimed a physician had placed her on medical leave and she was dependent on pain medication for chronic back pain, she presented no evidence to support this contention. Defendant was able to attend nursing school despite her alleged disability.

The parties lived together for only seven years and had no children together. Defendant testified she was not a housewife and had no one to care for in the home. She owned her own home and raised two children before she married plaintiff.

The court held the two-and-a-half year limit on the spousal support award was appropriate to allow her to finish nursing school and find a job.

Given the parties' financial condition at the time of their separation and divorce, the amount of spousal support was fair and equitable.

The court affirmed, but remanded for administrative correction of the divorce judgment to reflect the award of spousal support is modifiable.

Posted here by
Terry Bankert ... http://attorneybankert.com/
Join my political party of preference, http://www.michigandems.com/join.html

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Friday, April 11, 2008

MUGABE,WORLDS DIRTEST DICTATOR!

Zimbabwe’s President Robert Mugabe: worlds dirtest little bastard!

_________________________
GOOD MORNING FLINT!
BY Terry Bankert 4/11/08
You are invited to join me at Face Book http://www.facebook.com/people/Terry_Bankert/645845362 _________________________
Full Article at http://goodmorningflint.blogspot.com/
And summary at Flint Talk
http://flinttalk.com/viewtopic.php?p=27223#27223
__________________________

An argument for democracy![trb]

I WON DAM IT! The leader of the MDC, Morgan Tsvangirai, says he will not be part of an election run-off, claiming that he won the election with over 50 percent of the votes. But the government dismissed Tsvangirai’s accusation as mere rhetoric. [V]

JUST HOW LONG DID FLORIDA TAKE? Almost two weeks after polling day, the official result has still not been announced. Independent monitors say that Morgan Tsvangirai, the leader of the opposition Movement for Democratic Change, came first. [T]

THE OLD COUP D’ETAT After waiting 12 days for an official announcement of the outcome of Zimbabwe’s presidential election, Tendai Biti, the opposition’s secretary general, accused the governing party, led by President Robert Mugabe, of carrying out “a constitutional coup d’état.” Independent monitors say Mr. Tsvangirai won the vote, though probably not by enough to avoid a runoff.[n]

PRESIDENT BUSH GETS IT RIGHT! US President George W. Bush on Thursday called on Zimbabwe's election authorities to release the results from the country's disputed March 29 presidential vote, the White House said.[AFP] In a telephone conversation with Tanzanian President Jakaya Kikwete, Bush "reiterated calls by the United States for the Zimbabwean Electoral Commission to release the presidential election results as soon as possible and that they reflect the will of the people," said spokesman Gordon Johndroe.[AFP]

GOVERNMENT THE government yesterday broke its silence on the protracted delay in the release of Zimbabwe's presidential election results, and called for their immediate publication.[a]They finally have the results they want.[trb]

MILITARY WILL HELP COMMUNICATE MUGABE’S BRAND OF DEMOCRACY The opposition says it has obtained a leaked copy of a military plan to deploy 200 senior officers of the armed forces to coordinate a campaign of intimidation against its supporters. Luke Tamborinyoka, director of information for the Movement for Democratic Change, estimated that 600 people had been arrested or beaten up so far.[N]

TRIBUNALS ON THE HORIZON? With the country in an economic meltdown, facing 80 percent unemployment and out-of-control inflation, the people who staff the machinery of the state have been “leaking like a sieve,” Mr. Tamborinyoka said, tipping off the party to raids and various acts of skulduggery.[N]

ZIMBABWE Zimbabwe (pronounced /zɪ?mˈ'bɑ?ː?bweɪ?/), officially the Republic of Zimbabwe, and formerly Southern Rhodesia, the Republic of Rhodesia and Zimbabwe Rhodesia, is a landlocked country in the southern part of the continent of Africa, between the Zambezi and Limpopo rivers. It is bordered by South Africa to the south, Botswana to the southwest, Zambia to the northwest, and Mozambique to the east. The official language of Zimbabwe is English, however the majority of the population speaks Shona, which is the native language of the Shona people; it is one of the native languages of Zimbabwe along with Sindebele, which is spoken by the Matabele people.[W] PHAD Deputy Foreign Affairs Minister Aziz Pahad said that the Zimbab Electoral Commission delay was "almost like keeping the international community in suspense".[a] “I think my personal opinion about the latest development is that we should not really be worried or be surprised by what ZANU-PF has done to move the Zimbabwe Electoral Commission (ZEC) to a secret location because we have already known from the onset that the Zimbabwe Electoral Commission who is not independent from the ruling party…I think that anybody outside Zimbabwe knows that ZANU-PF has been trying as much as possible to discredit the electoral process, and to try and rig the electoral process and to prove that there were flaws in the electoral process,” Fungano noted.[V]

ZIMBABWE ELECTORAL COMMISSION "It is important that the expressed will of the people is respected. The Zimbabwe Electoral Commission should explain the delay in the announcement of the results. This will calm the situation and ease the tension ," he said.[a]

BAD ELECTION OFFICIALS OR BAD POLICE? Beyond that, the police have arrested eight election officials on charges of fraud in vote counting. The opposition and trade union groups say the arrests appear to be a bald attempt to intimidate the country’s electoral commission to rig the vote in a recount.[N] The first solid evidence of ballot rigging in Zimbabwe's presidential election emerged yesterday when a senior policeman told The Daily Telegraph that officers marked extra votes for President Robert Mugabe.[T]

IT’S THE TEACHERS! The government acted severely against some of the election officials involved in counting the more than 2 million votes cast. The Herald reported, for example, that the police had arrested a primary school headmaster, Shadreck Mufute, 47, “on allegations of depriving President Mugabe of 10 votes, which he allegedly gave to Morgan Tsvangirai in the presidential race.”[N]

BALLOT FRAUD Zimbabwe’s main opposition Movement for Democratic Change (MDC) party has described as desperate measures by the ruling ZANU-PF party to move the offices of the electoral commission to a secret location. The MDC says the move is a calculated attempt by supporters of incumbent President Robert Mugabe to thwart its victory and force a presidential election run-off. This comes after supporters of incumbent President Robert Mugabe reportedly told MDC officials as well as independent presidential candidate Simba Makoni that they have no right to be present for the final count of the presidential vote.[V]

WHEN YOU HAVE SECRET BALLOTS, SHOULD SECRET COUNTS BE PERMITTED? The police officer, who cannot be identified for fear of reprisals, saw a number of ballot boxes carried into a room at police headquarters in Harare last weekend, seven days after the election.[T]

CORRUPT POLICE, NO BLIND SUPPORT FOR THE MEN IN BLUE Five or six new recruits from Morris Depot, all in uniform, then filled out extra votes for Mr Mugabe. Ballots for Mr Tsvangirai were removed, the officer added, to bolster the president's share of the vote.[T]

A ROOM 96 CONSPIRACY! "We were in the corridor and saw the ballot boxes being taken into Room 96," the officer said. The police headquarters is only about 300 yards from Mr Mugabe's office in Harare. "We asked somebody who went in there and saw the trainees filling out the ballot papers. I am not the only one who knows this, there are others. The recruits will do anything they are asked to do. They were all desperate for jobs. If they have to beat people they will do that."[T]

84 IN A NATION WITH A 37 YR LIFE EXPECTANCY! The officer said that senior police commanders were desperate for 84-year-old Mr Mugabe to hold power to protect their own interests.[T]

BROTHER CAN YOU SPARE A DIME The force, he added, was "very, very corrupt because surely we cannot survive on what we earn". Despite recent salary rises, policemen earn only £10 a week, before tax.[T] Shortly before the election, the ruling Zanu-PF regime changed the rules to allow police to "assist voters" inside polling stations. The police were also responsible for transmitting the presidential results to the Electoral Commission's "command centre" in Harare.[T] Tendai Biti, the secretary-general of the MDC, said the party had evidence of nine million ballot papers being printed before the election, despite Zimbabwe's registered electorate of only 5.9 million.[T]

ZANU - V- MOVEMENT FOR DEMOCRATIC CHANGE The ruling Zanu (PF) was preparing for a run off poll while the outcome of the presidential contest was not yet known -- this despite the main opposition Movement for Democratic Change (MDC) leader Morgan Tsvangirai having claimed victory, Pahad said.[a]

RULERS WANT TO REMAIN RULERS- LETS GET THE YOUNG PEOPLE INVOLVED! With evidence accumulating that youth militias organized by Mr. Mugabe’s party are moving through rural areas, beating up opposition supporters and threatening worse, Mr. Biti said heads of state from southern Africa must tell Mr. Mugabe to step aside when they meet Saturday to consider Zimbabwe’s crisis.“This is the endgame of the endgame,” Mr. Biti said. “Checkmate already happened on the 29th of March.” [N]

CHALLENGE RESULTS Zanu (PF) was also challenging results at some polling stations -- while the MDC had no knowledge of what these results were, he said.[a]

I AM GOING NO WHERE, .....I AM MUGBEE! Nor has he accepted defeat. His party has demanded a recount of the vote, even though no results have been officially announced yet. And while the party, known as ZANU-PF, lost control of Parliament in last month’s elections, it said Thursday in The Herald, the state-run newspaper, that it was now contesting the results in 21 seats in Parliament’s lower house. That would be enough to swing the parliamentary majority back to ZANU-PF.[N]

CONSPIRACIES Pahad's concern was a marked departure from his stance a week ago when he berated the media's coverage on delays, calling the reports "instruments of conspiracies and destabilisation".[a] SADC His latest comments come on the eve of an emergency Southern African Development Community (SADC) summit called by chairman Zambian President Levy Mwanawasa to discuss the crisis. President Thabo Mbeki was expected to attend the meeting in Lusaka, Zambia.[a]

MUGABE MUST RESIGN MDC secretary-general Tendai Biti said yesterday that regional leaders should push for Mugabe's resignation.[a]

FATHER OF THE COUNTRY On 18 April 1980, the country attained independence and along with it a new name, Zimbabwe, new flag, and government led by Robert Mugabe of ZANU. Canaan Banana served as the first president with Mugabe as Prime Minister. In 1987, the government amended the Constitution to provide for an Executive President and abolished the office of Prime Minister. The constitutional changes went into effect on 1 January 1988, establishing Robert Mugabe as President.[W] Under the leadership of Mugabe, land issues, which the liberation movement promised to solve, reemerged as the vital issue in the 1990s. Beginning in 2000, Mugabe began an effort to redistribute land from white holders (predominantly large farms) to 250,000 Africans.[W] Zimbabwe is currently experiencing a hard currency shortage, which has led to hyperinflation and chronic shortages in imported fuel and consumer goods. Mugabe's critics blame his programme of land reform. However, Mugabe claims that massive financial isolation through American, British and EU legislation such as the Zimbabwe Democracy and Economic Recovery act of 2001 is the actual cause of hyperinflation. Under ZDERA, the IMF and other financial institutions are prohibited from extending loans, credit or cancelling debt to the government of Zimbabwe. As Zimbabwe needs to import all its energy, and oil is paid for in US dollars, this made the country vulnerable to financial sanctions like ZDERA.[W] Zimbabwe's current economic and food crisis, described by some observers as the country's worst humanitarian crisis since independence, has been attributed, in varying degrees, to a drought affecting the entire region, the HIV/AIDS epidemic, and the government's price controls and land reforms.[1][W]

OR THE WORLDS 7TH WORST DIREST LITTLE BASTARD! Zimbabwe’s President Robert Mugabe has ruled his country with an iron fist for 28 years.[TT] In just over two decades, he has driven an estimated three million Zimbabweans into exile and his land reforms have seen 4000 farmers evicted from their farms, leaving over 350000 farm workers unemployed. Commercial agriculture, which produced 227726 tons of tobacco in 2000, has collapsed and the economy is crippled. Zimbabwe now depends on food programmes and support from outside to feed its population. Once regarded as a war hero, Mugabe has single-handedly orchestrated Zimbabwe’s collapse[TT]

BODIES WILL LITTER STREET! "We don't know why the world has to wait until ... bodies start littering the streets of Harare."[a]

BOYCOTT A MUGABE RUN OFF IS WHERE THE OPPOSITION- RUNS OFF! Biti hinted the opposition would boycott any runoff poll.[a] "Morgan Tsvangirai won this election without the need for a runoff, and we will not accept any other result except one that confirms that we won this election," he said.[a]

IT CAN ONLY HAPPEN ONCE. “Then they said that they will kill me,” he continued. “They said, ‘Everyone who voted for Morgan Tsvangirai. We will deal with them.’ They had my hands behind my back. Then when I tried to run away, some other guys came, so they hit me, hit me, till I managed to flee.”[N]

IF YOU VOTE YOU DIE,..... YOUR ANSWER? The opposition contends that such violence will sway a runoff, a sentiment with which the man agreed. “No one is going to vote,” he said. “These guys mean business. If you see a grown-up person running away, it’s not a joke.” [N]

ELECTION OFFICIALS SHOULD BE NEUTRAL. The MDC launched a legal challenge to get the electoral commission to release the presidential poll results.[a] Judgment has been reserved until Monday.[a]Zimbabwean Information Minister Sikhanyiso Ndlovu confirmed that President Robert Mugabe would attend the SADC meeting.[a]

ENGINEERS OF DEMOCRACY Mr Biti said: "They want to re-engineer the results. They have re-stuffed these ballot boxes. An illegitmate government is in place. The failure of the regime in Harare to give in to those who were elected in our view constitutes a constitutional coup d'etat."[T] The election crisis will be the subject of an emergency summit of southern African countries in Zambia's capital, Lusaka, tomorrow. Both Mr Mugabe and Mr Tsvangirai could attend, raising the possibility of a public row.[T]

HUMAN RIGHTS WATCH: STORM COMING! It would be the "last real chance" for the SADC to help resolve the country's worsening political crisis, said Human Rights Watch, the latest body global to raise concern at the crisis. It also accused Zanu (PF) of "resorting to extreme measures" and preventing the electoral commission from announcing the results.[a]

IT HAS AN INSTITUTE- WHERE? The Institute for Democracy in SA said it had information from observers still inside Zimbabwe that increasing military and paramilitary mobilisation were breeding community level violence.[a] Pahad also said that the government was concerned about those acting outside the law by intimidating rural communities and invading the farms of people perceived to have voted for the opposition.[a]

HOW POLITE He said the South African embassy had sent a diplomatic note to Zimbabwe's foreign ministry on Tuesday to plead for the protection of South African farmers after two South African-owned farms near Chinoyi were invaded.[a] Asked what the government was likely to do if Mugabe ignored SA's plea for calm, observance of the rule of law and the publication of results, Pahad said people overestimated what SA could do.[a] Right![trb] He said that SA was not a hegemonic power that could impose its will -- at the whim of South Africans -- on any other country.[a] "There is no South African government that will try to impose its will... that will never happen.[a] "We can't take on the weakest countries and we don't intend to do that."[a]

BY ANY OTHER NAME A COUP In an interview with Time magazine, Mr. Tsvangirai seemed to echo these concerns, saying that Mr. Mugabe was carrying out a “de facto military coup,” but that he would be ousted with the help of other African countries.[N] “We’ll manage to get Mugabe out,” he said. “Mugabe is being deserted.”[N]

IS THERE A POPULIST LEADER IN THIS GROUP? Meanwhile, MDC leader Morgan Tsvangirai is calling on African leaders to help get rid of incumbent President Robert Mugabe, whom he accused of being a dictator.[V]

JUST WHAT WOULD YOU EXPECT HIM TO DO WITH OUT AMNESTY OR SAFETY? But Mr. Mugabe, who has governed, often ruthlessly, for 28 years, is likely to have a few moves left. A spokesman for the government told news agencies in Harare, the capital, that Mr. Mugabe would attend Saturday’s meeting in Lusaka, Zambia. Mr. Mugabe has often rallied support among African leaders in the past with angry denunciations of meddling Western nations. [N]

7TH WORST DICTATOR IN THE WORLD Robert Mugabe, (82 yrs old in power since 1980) once was hailed as a symbol of the new Africa, but under his rule the health and well-being of his people have dropped dramatically, which is as much an abuse of human rights as arbitrary arrest and torture. According to the World Health Organization, Zimbabwe has the world’s shortest life expectancy—37 years for men and 34 for women. It also has the greatest percentage of orphans (about 25%, says UNICEF) and the worst annual inflation rate (1,281% as of last month). He last allowed an election in 2002 but “won” only after having his leading opponent arrested for treason.[p]


Posted here
by Terry Bankert 4/11/08...
http://attorneybankert.com/
Join my political party of preference,
http://www.michigandems.com/join.html


—where did this stuff come from—
[a] All Africa.com http://allafrica.com/stories/200804110033.html
[W] WIKIPEDIA http://en.wikipedia.org/wiki/Zimbabwe
[V] VOICE OF AMERICA http://www.voanews.com/english/Africa/2008-04-11-voa2.cfm [TRB] Comments of Terry Bankert to include cap headlines http://attorneybankert.com/
[N] The New York Times http://www.nytimes.com/2008/04/11/world/africa/11zimbabwe.html?ref=africa
[T] http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2008/04/11/wzim111.xml
[afp] AFP http://afp.google.com/article/ALeqM5j8xizBUL1dSgF9hTFS-kQs21W4kg
[TT] The Times http://www.thetimes.co.za/PrintEdition/Article.aspx?id=742166
[p] Parade http://www.parade.com/articles/web_exclusives/2007/02-11-2007/dictators07.html
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Thursday, April 10, 2008

OIL IS OUR SLAVE MASTER! WHOSE HAND IS ON THE WHIP?

OIL IS OUR SLAVE MASTER, WHOSE HAND IS ON THE WHIP?
_________________________
GOOD MORNING FLINT!
BY Terry Bankert 4/10/08
You are invited to join me at Face Book http://www.facebook.com/people/Terry_Bankert/645845362 _________________________
Full Article at http://goodmorningflint.blogspot.com/
And summary at Flint Talk http://flinttalk.com/viewtopic.php?p=27181#27181 __________________________

REFLECTION: I am just starting to read Zubrin” Energy Victory” and with my friend Karen and Lynn will hear him speak in Flint this week. I plan on learning energy policy and contributing in a small manner from my little pumpkin patch in Flint MI USA. What about you?[trb]

For a Time, Crude Oil Tops $112 a Barrel [n]

RVs beckon baby boomers despite fuel costs[a]
At Nation's Largest RV Rally, Well-to-Do Baby Boomers Barely Register Fuel Costs[a] To the people of the United States of America- still the last best hope of mankind- whose lives, fortunes, and freedoms are being gravely endangered by their leaders continued failure to act responsibly for energy security.[z]

I CAN REMEMBER WHEN THIS STUFF WAS $25 A BARREL Oil rose more than $2 a barrel, after touching a record $112.21, and gasoline jumped to the highest ever after the Energy Department reported an unexpected decline in crude supplies on Wednesday.[n]

HOW DID WE GET IN THIS MESS? CAN THESE GUYS CAN TELL US? Executives from the largest oil companies in the U.S. went before Congress today to discuss rising gas prices at the pump. [B] Na... they lied.[trb] Five U.S. oil company executives appeared on Capitol Hill on Tuesday to explain why they were not to blame for record-high gasoline pump prices even as they reported $123 billion in profits in 2007.[b]

GOVERNMENTAL POLICY MATTERS..THERE IS NO FREE MARKET, SUPPLY AND DEMAND THEORY DOES NOT WORK FOR THE CONSUMER IN A MONOPOLY. Crude prices soared after the U.S. Department of Energy (DoE) on Wednesday reported that energy stockpiles in the United States had dropped across the board during the week ending April4 [F]. Crude oil stockpiles slumped by 3.2 million barrels and gasoline inventories shed 3.4 million barrels, the DoE said. Both falls were higher than analysts' forecasts.[F] 'The substantial inventory and crude oil draws and the weak dollar has pushed prices to a new high,' said Tony Nunan of Mitsubishi Corp (other-otc: MSBHY.PK - news - people )'s international petroleum business in Tokyo.[F] As a result of our failure to enact a competent energy policy, out country is being looted, and the enemies power has been fabulously multiplied. We are financing a war against ourselves. And with the rapid industrialization of China and India increasing global Demand for oil, prices are set to soar even further. Unless action is taken things are about to get much worse.[z at pg 11]

WHAT ALTERNATIVES DO WE HAVE? Rep. Ed Markey of Massachusetts, a long-time oil industry critic and chairman of the House Select Committee on Energy Independence and Global Warming, called the hearing entitled "Drilling for Answers: Oil Company Profits, Runaway Prices and the Pursuit of Alternatives."[B]

FIRST WE TAKE AWAY THEIR TAX BREAKS, TAX BREAKS IN A FREE MARKET ECONOMY? Markey supports legislation that would strip about $18 billion in tax breaks from the five biggest U.S. oil companies and put them toward planet-friendly energy alternatives like wind and solar. Such legislation has passed the House of Representatives twice, but has stalled in the Senate.[B]

EXEC. SAY ITS NOT OUR FAULT DON’T SPANK US? CAN JUST A TIME OUT! Stephen Simon, senior vice president of Exxon Mobil, said punitive measures against U.S. oil companies would only strain supplies further.[B] "Imposing punitive taxes on American energy companies ... will discourage the sustained investments needed to continue safeguarding U.S. energy security," Simon said in testimony.[B]

SUPPLY AND DEMAND THEORY DOES NOT WORK IN A MONOPOLY The department reported a drop of 3.1 million barrels in oil stockpiles, sending the price up as much as 3.4 percent in New York. Gasoline futures jumped as much as 2.6 percent. At the pump, consumers are paying a record $3.343 a gallon on average, said AAA, the nation’s largest motorist organization.[n] The national average price of a gallon of regular unleaded gas rose 1.2 cents to a record $3.343 a gallon, according to a survey of gas stations by AAA and the Oil Price Information Service. With the peak summer driving season still to come and gas following crude higher, the fuel may well reach the retail price of $4 a gallon that the Energy Department has been forecasting. [s]

ITS NOT ECONOMICS ITS ECONOMIC WAR “This reaction to the D.O.E. numbers suggests that the supply and demand fundamentals are still important,” said Adam E. Sieminski, Deutsche Bank’s chief energy economist in Washington. “It’s not just the speculators that are driving prices higher.”[n]

HEY BUSH, IS A WEAK DOLLAR A GOOD THING Oil’s 80 percent gain in the last year is the second biggest among 19 commodities on the Reuters/Jefferies CRB Index, trailing only wheat, which has doubled. Rising global demand for raw materials and a weakening dollar have led to records this year for raw materials including corn, soybeans, rice and gold.[n]

JUST A BUNCH OF RICH PEOPLE MAKING MORE $ Crude oil for May delivery rose $2.37, or 2.2 percent, to settle at $110.87 a barrel at 2:51 p.m. on the New York Mercantile Exchange, a record close. The intraday record of $112.21 a barrel was the highest since Nymex futures trading began in 1983.[n] “ In 1972, Saudi foreign exchange earnings were 2.7 billion. In 2006 they topped 200 Billion. Ober the same period, the United States dependency upon foreign oil grew from 30 percent to 60 per cent and our annual oil import bill grew from less than $4 billion to more than 260 billion.” [z at pg 11]

HAS OUR LACK OF COHERENT ENERGY POLICIES ALLOWED A U.S.. GOUGING AND RECESSION? It's "overwhelmingly likely" that the U.S. economy is in recession, former Treasury Secretary Lawrence Summers said Wednesday, adding an important voice to a growing list of economists who think Americans are suffering through an economic contraction. [S] Speaking to a Harvard Club forum on the economy, President Clinton's last Treasury secretary left little doubt he believes a recession has arrived and warrants stronger action by Congress and the Bush administration. [s] "My judgment is that it is overwhelmingly likely that we are currently in recession, and if we are not currently in recession, we are in something that feels a great deal like recession," said Summers, who months ago was among the first to call for an economic stimulus package to help stimulate the economy. [s]

ETHANOL BLEND....RBOB? Gasoline for May delivery climbed 2.38 cents, or 0.9 percent, to close at $2.7742 a gallon. Futures reached $2.8228, an intraday record for gasoline to be blended with ethanol, known as RBOB, which began trading in October 2005.[n]

WHO HIGH DOES A GALLON OF GAS HAVE TO GET BEFORE YOU GET ANGRY? American pump prices are following futures higher. Regular gasoline, averaged nationwide, rose 2 cents to the record, AAA said Wednesday on its Web site. Diesel prices advanced 1.2 cents, to $4.032 a gallon, AAA said. Diesel pump prices reached a record $4.037 on March 22.[n]

BOOMERS DO NOT CARE, WELL AT LEAST NOT THE ONES WITH MONEY. One topic that isn't getting much focus — on the official program, anyway — is the meteoric rise in gas prices. Hard-core RVers, which include many of the 8,000 attendees at the four-day Rally 2008 that ended Monday at the Georgia National Fairgrounds here, will tell you an RV isn't just a vehicle. It's a lifestyle. And a little thing like $4-a-gallon gas isn't going to put the brakes on a way of life.[a]

WILL GAS PRICES AFFECT YOUR SUMMER RECREATION? Gasoline demand in the United States may drop by 85,000 barrels a day this summer, Guy Caruso, administrator of the Energy Information Administration, said on Monday, noting that gasoline use fell 1.4 percent in the summer of 1991, after a nine-month recession during George H. W. Bush’s presidency.[n] Many people will be faced with the dilemma that it no longer pays them to drive to work. In areas like Somerset County without mass transit, people have little alternatives to driving.[d] High prices have a ripple effect throughout the economy. People have to cut costs somewhere, so they reduce their purchases at stores and eat out less frequently.[d]

GLOBAL DEMAND UP, DOMESTIC PRICE UP, THEY NEED WE PAY! But Antoine Half?, head of energy research at Newedge USA in New York, said: “Domestic demand isn’t great but that’s not important. Global demand is still growing and that’s what matters.”[n] The weekly inventory reports cause considerable volatility but it is just smoke that clouds the overall picture. Overall crude levels are just fine at 53 days of supply and gasoline is well above the 5-year average and at 15-year highs. Demand is down and prices up. Prices are not being supported by fundamentals but by speculation over potential shortages later this summer[r]

WILL THIS ALTER OUR ECONOMIC DECISIONS, GAS PER GALLON AT $4 $5 OR $6? Sales of RVs, which run the gamut from humble folding camping trailers to luxury motor homes, peaked at 400,000 in 2006. The industry attributes the subsequent drop in sales to 354,000 last year to the overall economic slump rather than rising fuel costs. But with the first wave of 79 million baby boomers poised for retirement, industry experts are betting that boom times are on the horizon. [a] Analysts believe higher oil and gas prices mean consumers will have less disposable income to spend elsewhere.[na]

OIL COMPANIES GET RICHER Meanwhile, oil companies are making record profits. Executives say the money is needed for infrastructure costs, but no new refineries have been built since 1976.[d]

STATE COFFERS ENRICHED BY OUR MISERY State taxes on gasoline add to people’s total costs. While Pennsylvania needs revenue to repair roads and bridges, the tax should be lowered while the gasoline costs are so high.[d]

CONGRESS DOES NOTHING? Congress has been talking for years about taking action to reduce gasoline costs, but so far, it is only talk. Something has to be done and soon before the economy worsens. [d]

WE MUST ACT! OUR LIVES AND OUR CHILDREN’S CHILDREN’S LIVES WILL TURN ON THE ENERGY POLICIES WE ADOPT TODAY, TOMORROW AND NEXT YEAR. OIL CAN NO LONGER BE ALLOWED TO BE OUR SLAVE MASTER!

“ This the men of democratic times require to be free in order to procure those physical enjoyments for which they are always longing. It sometimes happens , however, that the excessive taste they conceive for these same enjoyments makes them surrender to the first master that appears... These people think they are following the principals of self interest, but the idea they entertain of that principal is a very crude one; and the better to look after what they call their own business, they neglect their chief business, which is to remain their own masters.”-Alexis de Tocqueville “ Democracy in America “1840 [z]

Only the wise can be free.-Chrysippus, Greek philosopher, third century BCE [z]

Posted here by
Terry Bankert 4/10/08...
http://attorneybankert.com/
Join my political party of preference,
http://www.michigandems.com/join.html

—where did this stuff come from---
[n] The New York Times http://www.nytimes.com/2008/04/10/business/10oil.html?ref=business
[a] ABC News http://abcnews.go.com/Travel/BusinessTravel/story?id=4492971&page=1
[r] Rightside Advisors http://www.rightsideadvisors.com/public/commentary.go/rsa/commentary/comm-energy/20080410_021301_msg.html/4-Gasoline--5-Diesel.html
[s] The Santa Fe New Mexican.com http://www.santafenewmexican.com/Business/Business-in-brief-041008
[trb] Comments of Terry Bankert to include cap headlines
http://attorneybankert.com/
[d] Daily American http://www.dailyamerican.com/articles/2008/04/09/opinion/editorials/editorial825.txt
[b] Baseline http://www.baselinemag.com/c/a/Government/Congress-Grills-Oil-Execs-on-Pump-Prices/ [NA] News Room America http://www.newsroomamerica.com/business/story.php?id=413911
[f] Forbes http://www.forbes.com/markets/feeds/afx/2008/04/10/afx4873657.html
[Z] Robert Zurbrin “Energy Victory” Winning the War on Terror by Breaking Free of Oil, 2007 prometheus books

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