Issue link: https://www.epageflip.net/i/18915
Appeals court extends life of gay military policy SAN FRANCISCO (AP) — A federal appeals court on Monday indefi- nitely extended its freeze on a judge’s order halting enforcement of the mili- tary’s ‘‘don’t ask, don’t tell’’ policy, heightening pressure on the Obama administration to persuade the U.S. Senate to repeal the law before a new Con- gress is sworn in. A divided three-judge panel of the 9th U.S. Cir- cuit Court of Appeals granted the U.S. govern- ment’s request for a stay while it challenges the trial court’s ruling that the ban on openly gay service members is unconstitu- tional. The same panel, com- posed of two judges appointed by President Ronald Reagan and one appointed by President Bill Clinton, on Oct. 20 imposed a temporary hold keeping ‘‘don’t ask, don’t tell’’ in place. Monday’s decision means gay Americans who disclose their sexual orientations still can’t enlist in the armed forces and can be investigated and ultimately discharged if they already are serving. ‘‘We continue to warn service members that it is unsafe to come out as long as this law remains on the books,’’ said Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network. In an eight-page order, two judges said they were persuaded by the Depart- ment of Justice’s argument that U.S. District Court Judge Virginia Phillips’ worldwide injunction against the policy ‘‘will seriously disrupt ongoing and determined efforts by the Administration to devise an orderly change.’’ ‘‘The public interest in enduring orderly change of this magnitude in the military — if that is what is to happen — strongly militates in favor of a stay,’’ Judges Diarmuid F. O’Scannlain and Stephen S. Trott wrote in their majority order. ‘‘Further- more, if the administration is successful in persuading Congress to eliminate (the policy), this case and con- troversy will become moot.’’ Another reason they gave for imposing the freeze was decisions by four other federal appeals courts that cast doubt on whether Phillips exceeded her authority and ignored existing legal precedents when she concluded gays could not serve in the mil- itary without having their First Amendment rights breached. Judge William Fletcher entered a partial dissent, saying he would have pre- ferred the panel had heard oral arguments before granting the stay. Fletcher said he would have pre- vented ‘‘don’t tell, don’t tell’’ from being applied to discharge any existing ser- vice members while the case was on appeal. ‘‘Defendants would not be required during the pendency of the appeal to change their recruiting practices, to change their personnel manuals, or, subject only to the require- ment that they not actually discharge anyone, other- wise to change their prac- tices,’’ Fletcher said. President Barack Obama repeatedly has said he opposes ‘‘don’t ask, don’t tell’’ but favors end- ing it legislatively instead of through the courts. Over the summer, he worked with Democrats to write a bill that would have lifted the ban, pending comple- tion of a Defense Depart- ment review due Dec. 1. The legislation passed the House but was blocked in the Senate. The president has pledged to push for anoth- er vote during Congress’ lame duck session after Tuesday’s elections. ‘‘The president claims to want to see ’don’t ask, don’t tell’ ended. It is time that he stop talking and start working to make a real difference for gay and lesbian Americans by pushing for repeal when Congress returns,’’ said R. Clarke Cooper, executive director of Log Cabin Republicans, the gay rights group that sued to overturn ‘‘don’t ask, don’t tell’’ in Phillips’ court, The court ordered the government to submit its brief in its broader appeal by Jan. 24 and gave Log Cabin Republicans until Feb. 22 to reply. It did not schedule oral arguments in the case. ‘‘For the reasons stated in the government’s sub- mission to the appellate court, we believe the stay is appropriate,’’ Pentagon spokesman Bryan Whit- man said. Prosecutors: DeLay illegally directed funds to Texas GOP AUSTIN, Texas (AP) — Tom DeLay took part in a scheme to illegally chan- nel corporate money into Texas legislative races in order to strengthen his power and influence, prose- cutors said Monday in opening statements of the former U.S. House majori- ty leader’s money launder- ing trial. DeLay’s attorneys coun- tered that no corporate money was given to Texas candidates and that the only thing the once-powerful but polarizing ex-lawmaker is guilty of is being a good politician. Travis County prosecu- tor Beverly Mathews said DeLay and two associates — Jim Ellis and John Colyandro — illegally fun- neled $190,000 in corpo- rate money, which had been collected by a group DeLay started, through the Wash- ington-based Republican National Committee to help elect GOP state legislative candidates in 2002. Under Texas law, corporate money cannot be directly used for political campaigns. ‘‘The evidence will show you they took the cor- porate money they knew could not be given and came up with a scheme where that dirty money could be turned clean and given to candidates,’’ Math- ews said. DeLay, who has long denied any wrongdoing, is charged with money laun- dering and conspiracy to commit money laundering. If convicted, he could face up to life in prison. Mathews told jurors the $190,000 that was collected by DeLay’s Texas political action committee was exchanged for the same amount through the Repub- lican National Committee and ultimately given to seven Texas candidates. She said the money swap was supervised and facili- tated by DeLay. Mathews said the Republicans won a majori- ty in the Texas House as a result of DeLay’s scheme, meaning they could then push through a congres- sional redistricting plan engineered by DeLay that would send more Texas Republicans to Congress. Republicans won a majori- ty in the Texas House in 2002 and congressional redistricting sent more Texas Republican to Con- gress in 2004. ‘‘There is nothing wrong with Republicans trying to dominate the political world,’’ Mathews said. ‘‘But the means to achieve that gain must be lawful.’’ During his opening statement, DeLay’s lead attorney repeatedly told jurors that no corporate money was ever given to Texas candidates. Dick DeGuerin acknowledged DeLay’s political action committee sent $190,000 in corporate money to an arm of the Republican National Com- mittee and that the national committee used money col- lected from individual donations to send $190,000 to seven Texas GOP candi- dates. ‘‘It’s not the same money. No money was laundered,’’ DeGuerin said. As DeGuerin spoke to jurors, a television screen next to him displayed the words: ‘‘No corporate money went to candidates in Texas.’’ DeGuerin said DeLay, who didn’t make decisions for his political action com- mittee, lawfully raised money and promoted the interests of the GOP. ‘‘He did it so successful- ly that there was a lot of anger. You cannot convict Tom DeLay because he was a better politician than the other side was. That’s not a crime,’’ DeGuerin said. Before opening state- ments, DeLay was upbeat as he entered the Austin courtroom. ‘‘The prosecution does- n’t have a case. How can I not feel confident?’’ said DeLay, standing next to his wife, Christine. The first two witnesses, Craig McDonald, the direc- tor of Texans for Public Jus- tice, a liberal watchdog group, and Fred Lewis, an Austin-based independent political watchdog, testified that they filed complaints with the Travis County Dis- trict Attorney’s Office, ask- ing it to investigate DeLay’s political action committee, which they suspected of using corporate money for political candidates. DeGuerin tried to por- tray McDonald and Lewis as individuals biased against Republicans. Both men denied that. Testimony was to resume Tuesday with George Ceverha, the ex- treasurer of DeLay’s Texas- based political action com- mittee. DeLay has been press- ing for a trial since he was indicted five years ago, but the case was slowed by appeals of pretrial rulings, including his attorneys’ attempt to move the trial out of Austin — the most Democratic city in one of the most Republican states. DeLay and DeGuerin have said the charges are politically motivated by for- mer Travis County District Attorney Ronnie Earle, who brought the original case but has since retired. Earle is a Democrat. Prose- cutors deny the charges are politically motivated. DeLay’s defense team also worried about the trial being held in liberal Austin and its timing, with testimo- ny beginning a day before the contentious midterm elections. Jurors were selected last week, and the trial is expected to last three weeks. DeLay was once one of the most powerful Republi- cans in Congress, earning the nickname ‘‘the Ham- mer’’ for his heavy-handed style. The criminal charges in Texas, as well as a sepa- rate federal investigation of his ties to disgraced former lobbyist Jack Abramoff, forced DeLay to step down as majority leader and eventually to resign after representing suburban Houston for 22 years. D NEWSAILY RED BLUFF TEHAMACOUNTY T H E V O I C E O F T E H A M A C O U N T Y S I N C E 1 8 8 5 Your “Local” Daily Newspaper Since 1885 To Subscribe CALL TODAY! 527-2151 FAX 527-3719 DAILY NEWS PO BOX 220 545 DIAMOND AVE. RED BLUFF CA 96080 Website: redbluffdailynews.com Legal Notices Legal Notices LEGAL NOTICE TS # CA-10-373135-LL Order # 100416566-CA-GTI NOTICE OF TRUSTEE’S SALE YOU ARE IN DE- FAULT UNDER A DEED OF TRUST DATED 9/7/2006. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. A public auction sale to the highest bidder for cash, cashier’s check drawn on a state or national bank, check drawn by a state or federal credit union, or a check drawn by a state or federal savings and loan association, or savings as- sociation, or savings bank speci- fied in Section 5102 to the Finan- cial Code and authorized to do business in this state, will be held by duly appointed trustee. The sale will be made, but with- out covenant or warranty, ex- pressed or implied, regarding ti- tle, possession, or encumbran- ces, to pay the remaining princi- pal sum of the note(s) secured by the Deed of Trust, with inter- est and late charges thereon, as provided in the note(s), advan- ces, under the terms of the Deed of Trust, interest thereon, fees, charges and expenses of the Trustee for the total amount (at the time of the initial publication of the Notice of Sale) reasonably estimated to be set forth below. The amount may be greater on the day of sale. BENEFICIARY MAY ELECT TO BID LESS THAN THE TOTAL AMOUNT DUE. Trustor(s): Robert Burke An Un- married Man Recorded: 09/15/2006 as Instrument No. 2006018564 in book xxx, page xxx of Official Records in the Of- fice of the Recorder of Tehama County, California; Date of Sale: 11/23/2010 at 02:00 PM Place of Sale: At the main entrance to the Tehama County Courthouse, 633 Washington St., Red Bluff, CA Amount of unpaid balance and other charges: $389,503.18 The purported property address is: 15200 Diamond Star Rd Red Bluff, CA 96080 Assessors Parcel No. 007-600-761 The undersigned Trustee disclaims any liability for any incorrectness of the property address or other com- mon designation, if any, shown herein. If no street address or other common designation is shown, please refer to the refer- enced legal description for prop- erty location. In the event no common address or common designation of the property is provided herein directions to the location of the property may be obtained within 10 days of the date of first publication of this Notice of Sale by sending a written request to Ocwen Loan Servicing, LLC 1575 Palm Beach Lakes West Palm Beach FL 33401. Pursuant to California Civil Code §2923.54 the under- signed, on behalf of the benefi- ciary, loan servicer or author- ized agent, declares as follows: [1] The mortgage loan servicer has obtained from the commis- sioner a final or temporary order of exemption pursuant to Sec- tion 2923.53 that is current and valid on the date the notice of sale is filed; [2] The timeframe for giving notice of sale speci- fied in subdivision (a) of Section 2923.52 does not apply pursuant to Section 2923.52. If the Trustee is unable to convey title for any reason, the successful bidder’s sole and exclusive remedy shall be the return of monies paid to the Trustee, and the successful bidder shall have no further re- course. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, or the Mortgagee’s Attorney. Date: 10/27/2010 Quality Loan Service Corp. 2141 5th Avenue San Die- go, CA 92101 (619) 645-7711 For NON SALE information only Sale Line: (714) 573-1965 or Login to: www.priorityposting.com Rein- statement Line: 619-645-7711 Quality Loan Service, Corp. If you have previously been dis- charged through bankruptcy, you may have been released of personal liability for this loan in which case this letter is intend- ed to exercise the note holder’s rights against the real property only. This notice is sent for the purpose of collecting a debt. This firm is attempting to collect a debt on behalf of the holder and owner of the note. Any in- formation obtained by or provid- ed to this firm or the creditor will be used for that purpose. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit report agency if you fail to fulfill the terms of your credit obligations. P762897 11/2, 11/9, 11/16/2010 Tuesday, November 2, 2010 – Daily News – 5B Legal Notices Legal Notices Legal Notices LEAGAL NOTICE continued from previous page 4B PUBLISH DATE: November 2, 2010 Check Out our NEW online ‘Yard Sale Map’ Updated Thursday afternoon – for weekend Yard Sales! Click on locations for exact addresses and driving directions! ʻ Ya rd Sale Map ʼ can be easily accessed from our top menu at www.redbluffdailynews.com . Mouse over the red ʻ Classified ʼ tab and scroll down to ʻ Ya rd Sale Map ʼ and click.