text:
280 F. 3d 997 - Brody
280 F3d 997 Brody
Jules BRODY; Joyce T. Crawford, Plaintiffs-Appellants,
TRANSITIONAL HOSPITALS CORPORATION; Wendy L. Simpson; Richard L. Conte, Defendants-Appellees.
No. 99-15672.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted July 11, 2001.
Filed February 7, 2002.
Jeffrey S. Abraham, New York, NY, for the plaintiffs-appellants.
Mark R. McDonald, Morrison & Foerster, Los Angeles, CA, for the defendants-appellees.
Appeal from the United States District Court for the District of Nevada, David Warner Hagen, District Judge, Presiding. D.C. No. CV-97-00747-RHL.
Before: HALL, WARDLAW and BERZON, Circuit Judges.
BERZON, Circuit Judge.
In this case we address several securities fraud issues, centering on whether a plaintiff must have traded at about the same time as the insider it alleges violated securities laws. Jules Brody and Joyce T. Crawford brought suit against Transitional Hospital Corporation ("THC" or "the company") and its officers claiming violations of the Securities and Exchange Act of 1934 ("Exchange Act") and state law because the defendants both traded in reliance on inside information and released misleading public information. The district court granted the defendant's motion to dismiss for failure to state a claim. Brody and Crawford now appeal the district court's order on several grounds.
In determining whether the complaint states a claim upon which relief could be granted, we assume the facts alleged in the complaint to be true. Ronconi v. Larkin, 253 F.3d 423, 427 (9th Cir.2001). The facts alleged in the complaint are as follows:
THC was a Nevada corporation that delivered long-term acute care services through hospitals and satellite facilities across the United States. In August 1996, the company announced its plan to buy back from time to time on the open market up to $25 million in company stock. Two months later, THC expanded the repurchase plan to $75 million.
On February 24, 1997, Vencor, Inc. submitted to THC's board of directors a written offer to acquire the company for $11.50 per share. THC did not disclose this offer publicly. Between February 26 and February 28, THC purchased 800,000 shares of its own stock at an average price of $9.25 per share. This $7.4 million buy-back was in addition to another $21.1 million that THC had spent purchasing its stock in the three month period that ended on February 28, 1997. The plaintiffs do not allege that the total repurchase exceeded $75 million.
THC issued a press release on March 19, 1997, detailing the progress and extent of its stock repurchase program. The press release did not mention Vencor or any other party's interest in acquiring THC. The plaintiffs argue that because of this omission, the March press release was misleading.
On April 1, 1997, Vencor increased its offer to purchase THC to $13 per share. In the next few weeks, THC also received offers from two other competing bidders. On April 24, after receiving all three offers, THC issued another press release, stating that the company had "received expressions of interest from certain parties who have indicated an interest in acquiring" it. The same document also stated that THC had hired "financial advisers to advise the company in connection with a possible sale." The plaintiffs argue that this press release was also misleading, because it did not state that substantial due diligence had already taken place, that THC had received competing offers exceeding $13 per share, or that a THC board meeting would take place two days later to consider these offers.
At the board meeting, the THC board voted to negotiate a merger agreement with Select Medical Corporation ("Select"). On May 4, THC publicly announced that it and Select had entered into a definitive merger agreement and that Select would purchase THC at $14.55 per share. Vencor thereupon threatened a hostile takeover. To fend off that maneuver, THC ultimately agreed, on June 12, to a takeover by Vencor rather than Select, at $16 per share.
Brody and Crawford sold shares at times that sandwich the April 24 press release. Two days before that press release was issued, Crawford sold 500 shares at $8.875 per share. Brody sold 3,000 shares of THC stock at $10.50 per share on April 24, just after the press release was made public. The plaintiffs argue that had they not been misled by THC, they would have held onto their shares, and benefitted from their subsequent increase in value.
Brody and Crawford filed a class action complaint against THC and its officers on August 28, 1997. In addition to alleging violations of Nevada state law, Brody and Crawford alleged violations of Sections 10(b), 14(e), and 20(a) of the Exchange Act, 15 U.S.C. §§ 78j(b), 78n(e), and 78t(a), and Rules 10b-5 and 14e 3, 17 C.F.R. §§ 240.10b-5 and 240.14e-3, promulgated thereunder by the Securities Exchange Commission ("SEC"). These claims focus on two aspects of THC's course of action: Brody and Crawford accuse the company of illegal insider trading because THC repurchased 800,000 shares of its stock between February 26 and February 28 without first disclosing that Vencor and other parties had expressed interest in THC. In addition, Brody and Crawford claim that THC, in its March 19 and April 24 press releases, materially misled them about THC's progress toward its eventual merger.
The district court dismissed all of Brody and Crawford's claims. In so doing, the district court held that Brody and Crawford are not proper parties to assert any insider trading claims, as Brody and Crawford did not trade contemporaneously with THC. In addition, the district court decided that the plaintiffs failed to state a claim under Rule 10b-5 or any other law based on materially misleading information, as the press releases were not misleading under the applicable standards.
The plaintiffs appeal these aspects of the district court's dismissal. We review de novo the district court's dismissal for failure to state a claim pursuant to Federal Rule of Procedure Rule 12(b)(6). Zimmerman v. City of Oakland, 255 F.3d 734, 737 (9th Cir.2001).
A. Insider Trading
As they pertain to insider trading, Section 10(b), Rule 10b-5, Section 14(e) and Rule 14e-3 make it illegal in some circumstances for those possessing inside information about a company to trade in that company's securities unless they first disclose the information. See, e.g., United States v. Smith, 155 F.3d 1051, 1063-64 (9th Cir.1998). This type of prohibition is known as an "abstain or disclose" rule, because it requires insiders either to abstain from trading or to disclose the inside information that they possess.
The district court dismissed the insider trading claims, holding that the named plaintiffs could not assert them because they did not trade contemporaneously with THC. On appeal, Brody and Crawford argue that nothing in the applicable securities laws requires investors to have traded contemporaneously with insiders in order to maintain a suit for insider trading. In addition, they argue that even if such a requirement exists, they in fact did trade contemporaneously with THC.
1. Section 10(b) and Rule 10b-5
Neither section 10(b)1 nor Rule 10b-52 contain an express right of action for private parties. The Supreme Court has held, however, that proper plaintiffs may sue for damages for violation of the statute and rule. See Superintendent of Ins. v. Bankers Life and Cas. Co., 404 U.S. 6, 13 n. 9, 92 S.Ct. 165, 30 L.Ed.2d 128 (1971). Because neither the statute nor the rule contains an express right of action, they also do not delineate who is a proper plaintiff. In the absence of explicit Congressional guidance, courts have developed various "standing" limitations, primarily on policy bases.3
For example, in Blue Chip Stamps v. Manor Drug Stores, 421 U.S. 723, 95 S.Ct. 1917, 44 L.Ed.2d 539 (1975), the Supreme Court held that to bring an insider trading claim under Rule 10b-5, a plaintiff must have traded in the same stock or other securities as the insider trader. The contemporaneous trading requirement, at issue in this case, is another judicially-created standing requirement, specifying that to bring an insider trading claim, the plaintiff must have traded in a company's stock at about the same time as the alleged insider.
In Neubronner v. Milken, 6 F.3d 666, 669 (9th Cir.1993), the Ninth Circuit adopted a contemporaneous trading requirement for Section 10(b) and Rule 10b-5 actions. See also In re Worlds of Wonder Sec. Litig., 35 F.3d 1407, 1427 (9th Cir.1994). Neubronner explained that two reasons animate this rule: First, "noncontemporaneous traders do not require the protection of the `disclose or abstain' rule because they do not suffer the disadvantage of trading with someone who has superior access to information." 6 F.3d at 669-70 (quoting Wilson v. Comtech Telecommunications Corp., 648 F.2d 88, 94 95 (2d Cir.1981)). Second, the contemporaneous trading requirement puts reasonable limits on Section 10(b) and Rule 10b-5's reach; without such a limitation, an insider defendant could be liable to a very large number of parties. Id. at 670.
Brody and Crawford offer two reasons why the contemporaneous trading rule adopted in Neubronner should not here apply. First, they argue that the rule does not make sense, as a matter of statutory interpretation. In other words, they request that we declare that Neubronner's interpretation of Section 10(b) and Rule 10b-5 was incorrect. Although the decision in Neubronner is not beyond debate, we do not consider the question further, as a Ninth Circuit panel may not overrule a prior Ninth Circuit decision. Hart v. Massanari, 266 F.3d 1155, 1171 (9th Cir.2001).
Brody and Crawford attempt to avoid this precedential barrier by claiming that Neubronner's implementation of the contemporaneous rule was dictum, and therefore not binding on us. It was not. Neubronner explicitly described its ruling regarding the contemporaneous trading requirement as a "holding." 6 F.3d at 670. In addition, the determination was a necessary predicate for the case's ultimate conclusion that contemporaneous trading must be pleaded with particularity. Id. at 673.
Brody and Crawford's second submission in avoidance of Neubronner is that United States v. O'Hagan, 521 U.S. 642, 117 S.Ct. 2199, 138 L.Ed.2d 724 (1997), overruled Neubronner. That assertion is simply wrong. O'Hagan, which was a criminal case, addressed neither the contemporaneous trading requirement in private actions nor any other standing rule. Instead, by approving of an expansive concept of who qualifies as an insider under Section 10(b), the Supreme Court in O'Hagan clarified that more defendants may be liable under Section 10(b) than some courts have previously thought. Id. at 650, 117 S.Ct. 2199. In so doing, the Supreme Court did not alter pre-existing notions concerning whom insiders harm when they trade based on privileged information.
Brody and Crawford next argue that even if the Section 10(b) and Rule 10b-5 contemporaneous trading requirements remain, the court should define contemporaneous trades as trades that take place within six months of one another. Under this definition, Brody and Crawford would have standing, as they sold their stock just under two months after they allege THC bought the large block of stock in February.
In Neubronner, this court did not decide the length of the contemporaneous trading period for insider trading violations under Section 10(b) and Rule 10b-5, 6 F.3d at 670, nor has this court decided the question since. Because the twomonth time period presented by the facts of this case exceeds any possible delineation of a contemporaneous trading period, it is not necessary in this case either to define the exact contours of the period. We simply note that a contemporaneous trading period of two months would gut the contemporaneous trading rule's premise — that there is a need to filter out plaintiffs who could not possibly have traded with the insider, given the manner in which public trades are transacted.
2. Section 14(e) and Rule 14e-3
Brody and Crawford also argue that the district court erred in dismissing their claims under Section 14(e)4 and Rule 14e-35 by holding that insider trading actions brought under Section 14(e) and Rule 14e-3 must also conform to a contemporaneous trading requirement. In making this argument, the plaintiffs urge that we hold for them on two matters of first impression: (1) whether a private right of action exists under Rule 14e-3; and (2) if a private right of action does exist, whether it contains a contemporaneous standing requirement. We can assume, without deciding, that a private right of action exists under Rule 14e-3, for we see no reason why the same contemporaneous trading rule that applies under Rule 10b-5 would not apply in such an action.
As noted, this court has definitively adopted a contemporaneous trading requirement under Rule 10b-5. Although Rule 14e-3 differs in some respects from Rule 10b-5, (and was adopted in order to plug some holes the SEC perceived in Rule 10b-5),6 its core, like the core of Rule 10b-5, is an "abstain or disclose" requirement. And, as is true of the "abstain or disclose" requirement of Rule 10b-5, the similar requirement of Rule 14e-3 is designed to prevent the disadvantage that inheres in trading with an insider with superior access to information. 45 Fed. Reg. 60411-12 (1980). So we would have to have some excellent reason to adopt a different standing rule under Rule 14e 3 from the one we use under Rule 10b-5. We are convinced that there is no basis for drawing such a distinction.
The best candidate appellants have advanced as a basis for differentiating the standing requirement under the two Rules is Plaine v. McCabe, 797 F.2d 713 (9th Cir.1986). Plaine held that a plaintiff suing under Section 14(e) need not have traded at all, let alone contemporaneously. Id. at 718.
The fulcrum of Plaine was a distinction suggested by Piper v. Chris-Craft Indus., Inc., 430 U.S. 1, 38-39, 97 S.Ct. 926, 51 L.Ed.2d 124 (1977), between the types of shareholder protections contained in Sections 10(b) and 14(e): Piper noted that while Section 10(b) was enacted to protect only individuals who actually traded in stocks, Section 14(e) can be understood as protecting not only those who buy or sell stocks but also shareholders who decide not to trade. 430 U.S. at 38-39, 97 S.Ct. 926. Because Rule 14e-3 was promulgated under Section 14(e), the argument that a plaintiff who alleges insider trading under Section 14(e) or Rule 14e-3 need not worry about the contemporaneous trading requirement — because he need not have traded at all — has some initial plausibility.
On a closer examination, however, Plaine does not speak to the issue at hand. Rather, Plaine focused only on non-insider trading claims brought under Section 14(e), and did not consider the standing requirements for an insider trading claim brought under Rule 14e-3.
Section 14(e) broadly prohibits "fraudulent, deceptive, or manipulative acts or practices, in connection with any tender offer;" it does not contain any specific reference to insider trading. Rule 14e-3, on the other hand, focuses on one type of behavior, insider trading, whose prohibition is thought to prevent fraudulent, deceptive, or manipulative acts.7 See O'Hagan, 521 U.S. at 672-73, 117 S.Ct. 2199. In accordance with its specific, prophylactic focus, Rule 14e-3 applies to a different set of behaviors than does Section 14(e): Section 14(e) centers on the actual tender offer, whereas Rule 14e-3 regulates illegal insider trading that takes place while a tender offer is under consideration. As appellants' brief states, "[a]ll the elements of a Section 14(e)/Rule 14e-3 insider trading violation are supplied by the language of Rule 14e-3."
A comparison of the facts in Plaine with the facts in this case illustrates the difference between the Section 14(e) claim considered in Plaine and the Rule 14e-3 claim considered here. Plaine held shares in a company subject to a tender offer. She complained that false information in proxy materials had induced other shareholders to tender their shares. Because so many other shareholders tendered their shares, the merger went through at a price Plaine viewed as inadequate. Although Plaine did not tender her shares, the court ruled that she alleged injury occurring as a result of fraudulent activity in connection with a tender offer and had standing to assert her claim. 797 F.2d at 717. Plaine did not, however, allege insider trading, and therefore could not have made out a claim under Rule 14e-3.
Brody and Crawford, on the other hand, did allege insider trading but did not allege that THC manipulated the tender offer process through the use of false information or by any other means. As such, the facts in the current case present a very different situation than that presented in Plaine. The circumstances do, however, bear a much closer resemblance to those in Neubronner, a Rule 10b-5 case centering around accusations of insider trading in violation of an abstain-or-disclose requirement. See Neubronner, 6 F.3d at 667.
Despite the similarities of the issues here and in Neubronner and between Rules 10b-5 and 14e-3, as applied to insider trading allegations, Brody and Crawford emphasize the differences between the Rules. Unlike Rule 10b-5, Rule 14e-3 does not require proof that a person traded on information obtained in violation of a duty owed to the source of the inside information. Instead, Rule 14e-3(a) creates a duty for a person with inside information to abstain or disclose "without regard to whether the trader owes a pre-existing fiduciary duty to respect the confidentiality of the information." O'Hagan, 521 U.S. at 669, 117 S.Ct. 2199 (quoting United States v. Chestman, 947 F.2d 551, 557 (2d Cir.1991) (en banc)). Although Rule 14e-3 thus expands the notion of who is an insider, it does not follow that the Rule also expands the class of shareholders who may complain when an insider trades without disclosing insider information. As a result, the fact that Rule 10b-5 and Rule 14e-3 are not identical does not lead to the conclusion that one has a contemporaneous trading requirement and the other does not.
More importantly, perhaps, in this case, the allegation is that THC traded in its own stock on the basis of inside information. Such allegations would state a "`traditional' or `classical' theory of insider trading liability [under] Rule 10b-5 based on `a relationship of trust and confidence... between the shareholders of a corporation and those insiders who have obtained information by reason of their position with that corporation.'" O'Hagan, 521 U.S. at 651-652, 117 S.Ct. 2199 (quoting Chiarella, 445 U.S. at 228, 100 S.Ct. 1108). As such, this case is one that could be — and indeed, was — brought under both Rule 10b-5 and Rule 14e-3, and as to which any differences between the two rules regarding the necessary relationship between the insider and the source of information is not relevant.
Brody and Crawford note another reason that, they argue, suggests an expansive reading of Rule 14e-3 is appropriate. In O'Hagan, the Supreme Court ruled that the SEC is permitted to promulgate rules under Section 14(e), such as Rule 14e-3, that prohibit acts not themselves fraudulent under the common law if the rules are reasonably designed to prevent acts that are. 521 U.S. at 671-73, 117 S.Ct. 2199. This authority derives from the prophylactic rule-making power granted to the SEC by Section 14(e), a power that has no parallel in Section 10(b). Id.
That the SEC had more power to protect investors when it promulgated Rule 14e-3 than it did when it promulgated Rule 10b-5 does not mean, however, that the SEC exercised that power so as to protect noncontemporaneous traders under Rule 14e-3. And, in fact, what evidence there is demonstrates that the SEC did not intend to protect investors who could not have possibly traded with the insiders.
In O'Hagan, the Supreme Court quoted at length from and afforded deference to the SEC's explanation of why it promulgated Rule 14e-3. Part of the Federal Register excerpt quoted in O'Hagan stated:
The Commission has previously expressed and continues to have serious concerns about trading by persons in possession of material, nonpublic information relating to a tender offer. This practice results in unfair disparities in market information and market disruption. Security holders who purchase from or sell to such persons are effectively denied the benefits of disclosure and the substantive protections of the [legislation that includes Section 14(e) ].
521 U.S. at 674, 117 S.Ct. 2199 (quoting 45 Fed. Reg. 60412 (1980)).
This quotation evinces a particular concern for those who "purchase from or sell to" insiders, and suggests that these shareholders, and not others who trade later, are the intended beneficiaries of Rule 14e-3. The contemporaneous trading requirement, designed to limit the class of potential plaintiffs to only those who could have possibly traded with the insider, is therefore precisely congruent with the SEC's expressed purpose in promulgating Rule 14e-3.
In sum, Rule 10b-5 and Rule 14e-3 contain similar insider trading prohibitions, triggered by similar concerns. While Rule 14e-3 focuses on the tender offer context, the background history and language of Rule 14e-3 indicate that the Rule does not alter the premise that a shareholder must have traded with an insider or have traded at about the same time as an insider to be harmed by the insider's trading. We conclude that there is no principled distinction between Rules 10b-5 and 14e-3 as regards the need for a contemporaneous trading allegation.
We therefore extend the contemporaneous trading requirement to insider trading actions brought under Section 14(e) and Rule 14e-3 actions. Because Brody and Crawford traded nearly two months after they allege THC traded, they did not trade contemporaneously with THC. The district court was correct in dismissing their Rule 14e-3 insider trading claims.
B. Misrepresentation
We next consider a different set of concerns addressed by the securities laws: Rule 10b-5 and Section 14(e)'s explicit prohibition against the making of untrue or misleading statements. The plaintiffs do not maintain that either press release issued by THC was untrue. They do argue, though, that THC violated the prohibitions against making misleading statements when it issued the two press releases here at issue. In order to survive a motion to dismiss under the heightened pleading standards of the Private Securities Litigation Reform Act ("PSLRA"), the plaintiffs' complaint must specify the reason or reasons why the statements made by THC were misleading. 15 U.S.C. § 78u-4(b)(1); see also Ronconi, 253 F.3d at 429.
As an initial matter, Brody and Crawford correctly assert that a statement that is literally true can be misleading and thus actionable under the securities laws. See In re GlenFed Sec. Litig., 42 F.3d 1541, 1551 (9th Cir.1994). But they err when they argue that in order for a statement not to be misleading, "once a disclosure is made, there is a duty to make it complete and accurate." This proposition has no support in the case law.
Rule 10b-5 and Section 14(e) in terms prohibit only misleading and untrue statements, not statements that are incomplete. Similarly, the primary case upon which Brody and Crawford rely for their innovative completeness rule supports only a rule requiring that parties not mislead. Virginia Bankshares, Inc. v. Sandberg, 501 U.S. 1083, 1098 n. 7, 111 S.Ct. 2749, 115 L.Ed.2d 929 (1991). Often, a statement will not mislead even if it is incomplete or does not include all relevant facts.8 Further, a completeness rule such as Brody and Crawford suggest could implicate nearly all public statements potentially affecting securities sales or tender offers. No matter how detailed and accurate disclosure statements are, there are likely to be additional details that could have been disclosed but were not. To be actionable under the securities laws, an omission must be misleading; in other words it must affirmatively create an impression of a state of affairs that differs in a material way from the one that actually exists. See McCormick v. The Fund American Cos., 26 F.3d 869, 880 (9th Cir.1994).
We conclude that neither Rule 10b-5 nor Section 14(e) contains a freestanding completeness requirement; the requirement is that any public statements companies make that could affect security sales or tender offers not be misleading or untrue. Thus, in order to survive a motion to dismiss under the heightened pleading standards of the Private Securities Litigation Reform Act ("PSLRA"), the plaintiffs' complaint must specify the reason or reasons why the statements made by THC were misleading or untrue, not simply why the statements were incomplete. 15 U.S.C. § 78u-4(b)(1); see also Ronconi, 253 F.3d at 429.
Brody and Crawford's allegations do not comport with this requirement. They allege, first, that the press release issued on March 19 was misleading because it provided information about THC's stock repurchase program but did not contain information regarding THC's possible takeover. Although Brody and Crawford specify what information THC omitted, they do not indicate why the statement THC made was misleading. If the press release had affirmatively intimated that no merger was imminent, it may well have been misleading. The actual press release, however, neither stated nor implied anything regarding a merger.
Brody and Crawford also claim that THC's second press release, issued on April 24, was misleading. Again, the plaintiffs do not argue that the press release was untrue. Instead, they argue that it was misleading because it stated generally that THC had received "expressions of interest" from potential acquirers, when in fact it had received actual proposals from three different parties. Importantly, the complaint does not provide an explanation as to why this general statement was misleading, nor is it self-evident that it was.
A proposal is certainly an "expression of interest." Moreover, the press release did not simply state that there had been vague "expressions of interest;" it went on to state that the "expressions" were "from certain parties who have indicated an interest in acquiring either the entire company or in acquiring the company, with the company's shareholders retaining their pro rata interests in Behavioral Healthcare Corporation [a THC subsidiary]." This specificity concerning the nature of the parties' proposals certainly suggests that something more than preliminary inquiries had taken place.
Further, the press release additionally stated that the "Board of Directors has engaged financial advisors to advise the company in connection with a possible sale." This additional information again suggested proposals that were concrete enough to be taken seriously. And the reference to multiple parties contained in the press release suggests an ongoing auction for THC was taking place with at least two participants.
In short, the press release did not give the impression that THC had not received actual proposals from three parties or otherwise mislead readers about the stage of the negotiations. Instead, although the press release did not provide all the information that THC possessed about its possible sale, the information THC did provide — and the reasonable inferences one could draw from that information — were entirely consistent with the more detailed explanation of the merger process that Brody and Crawford argue the press release should have included. Put another way, Brody, if he read the press release, would have been on notice, before he sold his shares, of the distinct possibility that the value of the shares would increase in the near future because of a takeover contest.9
Because Brody and Crawford have not alleged facts indicating that THC's April 24 press release was misleading, the district court properly dismissed that aspect of the plaintiffs' complaint.
Brody and Crawford have not met the contemporaneous trading requirements necessary to have standing in the insider trading claims they assert. Additionally, they have failed properly to allege misrepresentation against THC. As a result, we affirm the district court's decision to dismiss Brody and Crawford's complaint for failure to state a claim upon which relief could be granted.
Section 10, in relevant part, states:
It shall be unlawful for any person, directly or indirectly, by the use of any means or instrumentality of interstate commerce or of the mails, or of any facility of any national securities exchange —
(b) To use or employ, in connection with the purchase or sale of any security registered on a national securities exchange or any security not so registered, or any securities-based swap agreement (as defined in section 206B of the Gramm-Leach-Bliley Act), any manipulative or deceptive device or contrivance in contravention of such rules and regulations as the Commission may prescribe as necessary or appropriate in the public interest or for the protection of investors.
Rule 10b-5 states:
It shall be unlawful for any person, directly or indirectly, by the use of any means or instrumentality of interstate commerce, or of the mails or of any facility of any national securities exchange,
(a) To employ any device, scheme, or artifice to defraud,
(b) To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading, or
(c) To engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person, in connection with the purchase or sale of any security.
These "standing" limitations are not, of course of the constitutional variety, grounded in Article III of the Constitution, but simply delineate the scope of the implied cause of action
Section 14(e) states:
It shall be unlawful for any person to make any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading, or to engage in any fraudulent, deceptive, or manipulative acts or practices, in connection with any tender offer or request or invitation for tenders, or any solicitation of security holders in opposition to or in favor of any such offer, request, or invitation. The Commission shall, for the purposes of this subsection, by rules and regulations define, and prescribe means reasonably designed to prevent, such acts and practices as are fraudulent, deceptive, or manipulative.
Rule 14e-3(a) states:
(a) If any person has taken a substantial step or steps to commence, or has commenced, a tender offer (the "offering person"), it shall constitute a fraudulent, deceptive or manipulative act or practice within the meaning of section 14(e) of the Act for any other person who is in possession of material information relating to such tender offer which information he knows or has reason to know is nonpublic and which he knows or has reason to know has been acquired directly or indirectly from:
(1) The offering person,
(2) The issuer of the securities sought or to be sought by such tender offer, or
(3) Any officer, director, partner or employee or any other person acting on behalf of the offering person or such issuer, to purchase or sell or cause to be purchased or sold any of such securities or any securities convertible into or exchangeable for any such securities or any option or right to obtain or to dispose of any of the foregoing securities, unless within a reasonable time prior to any purchase or sale such information and its source are publicly disclosed by press release or otherwise.
Chiarella v. United States, 445 U.S. 222, 100 S.Ct. 1108, 63 L.Ed.2d 348 (1980), considered, but did not decide, the viability of a misappropriation theory of liability under Rule 10b-5. 445 U.S. at 235-37, 100 S.Ct. 1108. (A misappropriation theory extends liability to some parties who trade in a company's securities on the basis of confidential information but who have no special relationship with the company's shareholders.) Following Chiarella, the SEC promulgated Rule 14e-3, which clearly creates liability for insiders who trade in connection with a tender offer and do not disclose the inside information, regardless of their relationship to the shareholders or the source of the information. Then in 1997, the Supreme Court decided O'Hagan, answering the question left open by Chiarella and deciding that Section 10(b) and Rule 10b-5 do create liability under a misappropriation theory. 521 U.S. at 650, 117 S.Ct. 2199. The upshot is that Rules 10b-5 and 14e-3 largely overlap with regard to the scope of insider trader liability, although they differ in some respects not here pertinent. See p. 1004, infra.
As we discuss below, inO'Hagan the Supreme Court approved Rule 14e-3 as a prophylactic rule designed to prevent core violations of Section 14(e). See p. 1004, infra.
For example, if a company reports that its sales have risen from one year to the next, that statement is not misleading even though it does not include a detailed breakdown of the company's region by region or month by month sales
We note that Crawford sold his shares before the April 24 press release, so he could not have been influenced in his trading by the release


Today's Biff keeps playing over and over and over.
My first experience with the internet was in 1997. I never looked back. I found the Internet to be a source of life as I knew it.
2) FREAK THE **** OUT.
I'm that guy, but I already know what thee is.
find the bearest house with a working internet connection. Then when yours is back up, head back home.
I recently got a wi-fi hotspot gadget, and can't wait to set to "Temporary Hotspot" and get a few users logged in, then turn it off. Maybe they'll blank out like Mr. Stevens.
So Your That person who keeps doing it!


text:
Q: Отправка отчётов об ошибках на сервер Какой краш-репортер лучше всего использовать в андроид, для отправки отчётов об ошибках на сервер? Насколько я знаю, есть несколько вариантов: Crashlytics от Fabric, ACRA, или интеграция Google Analytics. А какой вариант из этих (или, возможно, какой-то другой) лучший? Понимаю, что на данный вопрос наверное нельзя дать однозначный ответ, но была бы благодарна за сравнительный анализ (преимущества/недостатки)...

A: Crashlytics
Плюсы:

*

*простота интеграции

*куплен Google и интегрируется в Firebase Error Reporting вместо имевшегося там компонента

*умеет ловить исключения в C/C++ коде (требуется доп.настройка)

Минусы:

*

*Логи и все данные хранятся не у вас (для некоторых критично)

ACRA
Плюсы:

*

*большой выбор бекендов

*OpenSource

Минусы:

*

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Passport of a man exhibited in the last human zoo
Tom Topol Hours 12 August, 2019 9 August, 2019
The Guardian issued the following article in 2018, and I just found a PASSPORT of a man who was "exhibited" in the HUMAN ZOO during the WORLD EXHIBITION 1958 in Bruxelles, Belgium.
More than sixty years ago, Belgium staged the opening of the 1958 world fair, a glittering 200-day celebration of postwar social, cultural and technological advances. It is said to retain an "important place in the collective memory of the Belgian nation." A series of events are being held in the Atomium, the futuristic landmark built for the spectacle, in recognition. Yet as the Belgian capital indulges in nostalgia, one exhibit staged at the time is not being revisited: a live display of black men, women, and children in "native conditions" laid on for the education and amusement of white Europeans. Passport last human zoo
It was the world's last "human zoo"!
As of 1958, Belgium still ruled Congo, a piece of territory some 80 times its own size, and a source of great pride to the country. The mineral-rich central African state was not only hugely economically rewarding but garlanded Belgium, a small European nation in the shadows of Britain and France, with standing in the world. Belgian politicians saw expo '58 as a chance to burnish this achievement, sealing what was seen as a special bond with Belgian Congo.
At the foot of the Atomium, a reply to Paris's Eiffel Tower, and the centerpiece of the exhibition, eight hectares of land peppered by seven pavilions were dedicated to the themes of mining in Congo, its arts, transport, and agriculture, among others. It was known as the Kongorama. In its three hectares of tropical gardens, Congolese men, women, and children were put on show day-after-day, in "traditional" dress behind a bamboo perimeter fence.
Human zoos were in no way a novelty to the west and had been held regularly earlier in the century in London, Paris, Oslo, and Hamburg. In New York in 1906, a young Congolese man with sharpened teeth was given a home in the monkey house in the Bronx zoo.
In the summer of 1897, King Leopold II had imported 267 Congolese to Brussels to be on show around his colonial palace in Tervuren, east of Brussels, paddling in their canoes on the royal lakes; 1.3 million Belgians, out of a population of 4 million, visited, walking over a rope bridge to get the best view. That summer was bitterly cold, and seven of the Congolese died of pneumonia and influenza, their bodies dumped in an unmarked mass grave in the local cemetery. But such was the popularity of the zoo and other exhibits that a permanent exhibition was to be later established at the site. Initially called the Museum of the Congo, it is now the Royal Museum for Central Africa.
The 1958 exhibit was smaller in scale but similar in content. A "typical" village was set up, where the Congolese spent their days carrying out their crafts by straw huts while they were mocked by the white men and women who stood at the edge. Passport last human zoo
"If there was no reaction, they threw money or bananas over the closure of bamboo," one journalist wrote at the time of the spectators. Another report told of people gossiping about "seeing the negros at the zoological gardens." The Congolese on display were among 598 people – including 273 men, 128 women, and 197 children, a total of 183 families – brought over from Africa to staff the broader fair. The colonial office was "very nervous about what this stay of such an unprecedented number of Congolese in Belgium might do," according to Dr. Sarah Van Beurden, a historian of central Africa.
But housed in a dedicated building isolated from the Expo from which they could be bussed in and out, the Congolese complained of cramped accommodation, the strict limitations on visitors or excursions from the building, and, of course, daily abuse at the fair. By July, the Congolese artists and artisans, and their families could take no more, and some went back home. The human zoo, as the Congolese recognized it to be, closed down, and the rest of the fair carried on.
Such a zoo was not to be staged anywhere again, and on June 1960, Congo won its independence. But for Guido Gryseels, the director-general at the Royal Museum for Central Africa (RMCA), the permanent exhibition that grew from 1897, combating the prejudices that were at the core of the zoo and still, he says, persist, is the focus of his working life.
On 1 December, following a €75m renovation, the RMCA will reopen five years after it last opened its doors to the public. There are a new visitors center and a vast underground space that has doubled the museum's exhibition area to 11,000 sq meters. But beyond the physical transformation, a much more significant change is about to be undertaken. When Gryseels took over the museum in 2001, the permanent exhibition had barely changed since the 1920s, he said. Along with Leopold II's double L motifs looking down on visitors in almost every room, and the royal quotations celebrating the higher moral plane of the colonization, the story that was told was of Belgium bringing light where there was darkness. Passport last human zoo
"For 100 years we have been a colonial institution", Gryseels said. "For most Belgians, their first encounter with Africa is our museum. The initial impression of Africa by most Belgians was made here in this museum, and that is that the white person is better than the black person. We were there to civilize them. The Africans we portray here are naked with a spear without a culture of their own."
A reason for the inertia at the museum, he believes, is that in reality, Belgian society has not wanted to rethink its colonial past. "It is very emotional here because every Belgian family has a family member who worked in Congo. All of them. A missionary, a teacher, an administrator. You ask any Belgian, and they all have. So it is a very emotional debate."
Gryseels said discussions about the colonial past didn't start in Belgium until the publication of the Adam Hochschild's book King Leopold's Ghost in 1998. "Bit by bit there was more discussion," Gryseels said. "But, [the] curriculum in Belgian schools until recently was 'we brought civilization.'"
There are some voices from the Congolese diaspora calling for the "decolonization" of his institution, and its closure. But Gryseels says his job in the next nine months is to tell a new story about Belgium in the Congo. On the opening day, the minister of foreign affairs is expected to give a speech on Belgium's colonial past in the presence of the royal family. "We have a responsibility for cultivating an attitude that a lot of Belgians have of being superior to black people," Gryseels said. "And that is changing. But it is going to take a while." Passport last human zoo
•This article was amended on 17 April 2018. Congo gained independence in June 1960, not January 1959.
The Passport
Passport issued in Leopoldsville, Belgian-Congo on 9 June 1958 for Nkishi Thomas from the village of Makaka.
Travel purpose: Appearance of indigenous Expo 58
An outstanding document of passport history!
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Benjamin Durham says:
15 August, 2019 at 15:08
Indeed, another rare and fascinating find! The profession is listed as: member of dance troupe; and the reason for departure is: (to appear in — I assume this is understood) Indigenous Show Expo 58. 'Spectacle' can be a variety show, or circus show, or some live performance of that nature.
Thanks, Benjamin

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"I do not believe that sufficient thought has been given to the impact this is likely to have on the present tyre collection business.
The ITWRA is extremely critical of the fact that Minister Naughten has approved what was initially then Minister Alan Kelly's proposal to select Repak to operate this monopoly scheme. It is estimated that Repak which will take in up to €75m over five years. Meanwhile the ITWRA argue that at present licensed waste collectors are doing the same job for €15m, and without any direct cost to customers.
If these proposals are implemented then it is expected that at least an extra €11 will be added to the price of anyone seeking to buy a new set of tyres. It is in the very nature of these quangos that such costs inevitably rise and rise as the regulatory burden increases.
While Minister Naughten assures us that the vEMC for agricultural tyres will be initially set at zero in the new regulations, he still insists that producers of agricultural tyres will have reporting obligations.
This reporting will then inform the Minister's decision on the level of fee within twelve months from the introduction of the scheme. No one within the industry believes that this will not result in additional charges of up to €20 per agricultural tyre.
This is to say nothing of the impact these proposals will have on the Irish road haulage industry. Just as it is entering a period of profound instability in terms of Brexit, the haulage industry will now have to contend with an additional layer of reporting bureaucracy and costs that will do nothing but add profit to another government quango," concluded Deputy McGrath.


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Home > Bilateral Relations > India-Burundi Relations
INDIA-BURUNDI BILATERAL RELATIONS
India and Burundi enjoy cordial and friendly relations. The opening of Burundi's resident mission in New Delhi in 2009 and progressive interactions between political leaderships of the two countries have lent importance and direction to the relationship.
A delegation led by MoS for External Affairs, Smt. Preneet Kaur visited Burundi in February, 2012. A multi-sectoral CII business delegation also accompanied the Minister. A General Cooperation Agreement was signed by the two sides during the visit.
MoS for Agriculture and Food Processing Industries, Shri Arun Yadav, visited Burundi in May, 2011 as a Special Envoy of the Prime Minister for inviting the President of Burundi to the second India-Africa Forum Summit (IAFS-II).
MoS for Rural Development Shri Sudarshan Bhagat visited Burundi in July 2015 as PM's Special Envoy to extend an invitation to the President and the Foreign Minister for IAFS-III.
From Burundi
HE President Pierre Nkurunziza paid a state visit to India from in September, 2012.
Second Vice President Mr. Gervais Rufyikiri led a business delegation to the 9th CII Exim Bank Conclave to New Delhi in March, 2013.
The first Vice President of Burundi Gaston Sindimwo led Burundian delegation to India to attend IAFS-III in October 2015. He was accompanied by Alain Aime Nyamitwe, then Foreign Minister of Burundi.
Major General Ndayishimiye Evariste, Secretary General of the ruling party of Burundi, CNDD-FDD visited India in March 2018 to attend 13th CII-EXIM Bank Conclave.
Ministerial Visits
Mr. Barnabe Mbonimpa, Minister of Public Health visited India in December 2005 to attend the GAVI's (Global Alliance for Vaccines and Immunization) 3rd Partner's Meeting held at New Delhi. Mr. Adrien Nyakiye, Chief Justice of Burundi, visited India in December 2005 to attend a conference in Lucknow.
Defence Minister Maj. Gen. Germain Niyoyankana, on a private visit to India in May 2006, met Hon'ble MOS for Defence, Shri M.M. Pallam Raju in May 2006. Second Vice-President of Burundi, H.E. (Mrs.) Marine Barampama visited India in October 2006 and was the guest of honour at the CII-EXIM Bank Conclave on India-Africa Partnership Project.
Then Foreign Minister of Burundi, Mr. Augustin Nsanze, visited India in March 2010 to participate in the CII-Exim Bank India-Africa Partnership Summit. During the visit, the Foreign Minister met Dr. Shashi Tharoor, Minister of State for External Affairs, on the sidelines of the Partnership Summit, and discussed issues of bilateral cooperation. He again visited India for the LDC Ministerial Conference from 18-19 February 2011. He met EAM on 17thof February 2011 and discussed issues of bilateral cooperation.
Dr. Rose Gahiru, Hon. Minister of Primary and Secondary Education, Govt. of Burundi travelled to India in June 2013 to meet officials of NSIC in connection with setting-up of a Vocation Training Centre (VTC/IC) in Bujumbura. She also made a courtesy call on the then MoS for HRD, Shri Shashi Tharoor
Mrs. Kayitesi Odette, Hon. Minister of Agriculture and Livestock Burundi visited India in February 2014 to participate in Asia-Africa Agribusiness Forum organised by FICCI.
Hon. Minister of Finance and Economic Development Planning, Mr. Tabu Abdallah Manirakiza, travelled to India in February 2014 to sign two LOC agreements with Exim Bank of India. The first agreement was for a US$ 4.22 million LOC for a Farm Mechanization project, and the second was for US$ 0.17 million for preparation of a Detailed Project Report for an Integrated Food Processing Complex in Burundi which is to be set up under a LoC of USD 38 million.
Ms. Evelyne Butoyi Hon'ble Minister of Youth, Posts and ICT, Burundi led a delegation from Burundi to attend India Telecom 2019: An Exclusive International Business Expo held on 12th February 2019 in New Delhi.
Bilateral Cooperation & Assistance
Following the first India Africa Forum Summit (IAFS-I) in 2008, Burundi was nominated by the AU to host the India-Africa Institute of Educational Planning and Administration (IAIEPA), one of the 5 institutes offered by India at the Pan-Africa level The institute is mandated to strengthen the capacities in the region in the sector of education.
Under IAFS-I, India offered eight Vocational Training Centres (VTCs); one each to the eight RECs. Burundi was nominated as one of the countries to host the VTC. The centre was inaugurated in December 2016. It imparts vocational training to people from the region to enable them to be gainfully employed or become entrepreneurs.
At the second India-Africa Forum Summit (IAFS-II) in Government of India announced 40 biomass gasifier systems, out of which a cluster bio-mass gasifier system is to be established in Burundi. These are expected to provide low cost sustainable electricity in villages by powering a gas engine.
At IAFS-II, India also offered, among other things, eight Farm Science Centres (FSCs). FSC is an innovative institution of the Indian Council of Agriculture Research (ICAR) which has played a pivotal role in application of technology at farm levels in India since 1974. Burundi has been selected by the East African Community for hosting one such FSC.
In addition to the above institutions, a tele-medicine centre and a tele-education centre was set up in Bujumbura in 2010 under the first phase of Pan-African E-Network Project. The project aims to provide quality and real-time medical care and education from India at a fraction of cost.
Government of India has extended a Line of Credit of US$ 80 million for the 20MW Kabu hydro-electric project. In this regard, an agreement between the EXIM Bank of India and the Government of Burundi was signed in May, 2011. H.E. Mr. Gervais Rufyikiri, Vice President of Burundi laid the foundation stone for the Kabu HEP in Cibitoke Province on 30th August, 2012. Work on the project is underway and is expected to be completed in 2020.
The first ever Foreign Office Consultations between India and Burundi were held in October 2017 in New Delhi where issues of bilateral, regional and global importance were discussed.
India has offered two Lines of Credit worth USD 161.36 Million to Burundi, i) for construction of a new Parliament building in Gitega [USD 102.27 million] and ii) construction of two Ministerial Buildings in Bujumbura [USD 59.09 million], Burundi. The matter is under consideration by Govt. of Burundi.
India is seen as a destination for quality and affordable education by Burundians. The Government of India offers scholarships and fellowships to Burundians from the Government and private sector to enable them to pursue under-graduate, graduate, post-graduate and research courses in India. Training courses in highly specialized areas are also conducted for officers of public institutions.
Commercial Relations
Bilateral trade
(Value in US $ Million)
Exports from India to Burundi
Imports from Burundi to India
2014 31.56 0.23
2017 44.59 11.03
India's exports to Burundi comprise pharmaceuticals and chemicals, machinery and instruments, plastic and linoleum products, transport equipment and rubber manufactured products. Main items that India imports from Burundi include non-electrical machinery, iron and steel.
During the last few years, Indian companies have invested in coffee plantation, manufacture of synthetic water tanks, distilleries, computer hardware, hardware stores and paints. Bajaj and TVS have local dealers in Burundi for sale of two-wheeler motorcycles and three-wheeler auto-rickshaws. Their products are well received in Burundi.
It is estimated that there are around 300 PIOs and Indian nationals live in Burundi, most of whom are traders and businessmen. Their positive role in the country's economy is recognized and appreciated both by the Government of Burundi and its citizens.
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Char-grilled salmon fillet topped with mango or apple salad (seasonal).
Deep fried battered soft shell crab seasoned with salt pepper, chilli and shallots.
Stir-fried king prawns and snow peas in maenam's special sauce.
Mixed seafood cooked with garlic, on and the best served on a sizzling hot plate.
Grilled salmon filet served with creamy, thick red curry with vegetables, kaffir lime leaves and mixed vegetables.
Tofu and eggplant tossed in chilli, garlic, Thai basil sauce topped with crispy basil leaves.
Wok flamed Chinese broccoli with garlic and maenams' special sauce.
Wok flamed water spinach with fermented soy beans, garlic and chilli.
Crispy pork belly in chilli basil sauce topped with crispy Thai basil leaves.
Tender beef cooked with garlic, cracked black pepper and maenam's special sauce.
Pork belly cooked with chilli, shallots, capsicum, onions and Maenam's special sauce.
Deep fried battered squid seasoned with salt, pepper, chilli and shallots.
Thai seasoned fried rice wok tossed with egg, gai larn, onion and carrots.
Thai curry seasoned fried rice wok tossed with egg, pineapple and vegetables.
Thai chilli jam seasoned fried rice wok tossed with cashew nuts, egg and vegetables.
Tom Yum flavoured fried rice wok tossed with egg ans seasonal vegetables.
House speciality fried rice wok tossed with egg, mixed seafood and vegetables.
Thai seasoned fried rice wok tossed with finely chredded crab meat, egg and onions and shallots.
Thai seasoned fried rice with egg(Vegan option avaliable on request).
San Pellegrino Mineral Water 500ml.
© Maenam Lao & Thai Restaurant. All Rights Reserved. 2013.


text:
Tag Archives: Mark Coplan
Bill urges California high school sex education classes to teach harassment prevention
On Thursday, Gov. Jerry Brown signed a bill asking the Curriculum Development and Supplemental Materials Commission to consider requiring that sexual harassment prevention be taught in California public schools.
Berkeley school board to vote on how to address exit exam cancellation
The Berkeley Unified School District Board of Education plans to discuss next week how to accommodate graduating students "left in limbo" after the recent cancellation of the high school exit examination, according to Judy Appel, the board's president.
Berkeley school district appoints Sam Pasarow as new principal of Berkeley High School
Berkeley Unified School District announced Wednesday the appointment of Sam Pasarow as the new principal of Berkeley High School.
School district plan for portable classrooms faces backlash from parents, community
A school district plan to build portable classrooms at Thousand Oaks Elementary School to address potential overenrollment has been met with backlash from several community members and parents, with some posing a legal challenge against the development.
Berkeley schools closed Thursday in anticipation of heavy rainfall
All Berkeley Unified School District schools and administrative offices will close Thursday in anticipation of severe weather, including possible flash floods and high winds.
Berkeley High School students hold 'black-out day' to stop sexual harassment
Berkeley High School students sported pink pins and black T-shirts Monday as part of an anti-sexual harassment campaign orchestrated by a student activist group.
School board, workers reach tentative labor agreement
At a Wednesday meeting, Berkeley school district and labor representatives ended over three years of negotiations with a tentative agreement that establishes the basis for future pay and benefit increases of certain Berkeley employees.
Controversy brews over bathroom-cleaning punishment at Berkeley elementary school
An 11-year-old student at a Berkeley elementary school contracted whooping cough after cleaning bathrooms as a punishment for alleged bullying.
Berkeley Unified School District's graduation rate increases in line with state numbers
In California, the number of high school graduates in 2013 has topped 80 percent for the first time in the state's history. Dropout rates also fell for the fourth consecutive year, according to a press release from the California Department of Education on Monday. In Berkeley Unified School District, the graduation
Berkeley Unified School District to spend $2 million on safety plan
About one year after the shooting at Sandy Hook Elementary School in Newtown, Conn., Berkeley Unified School District will spend about $2 million on a comprehensive school safety plan.


text:
Morality And Conscience Versus The CIA
By Jacob G. Hornberger
In 2007 American Robert A. Levinson disappeared in Iran while on a spy mission for the CIA. The New York Times learned that he was a CIA agent in late 2007 but, at the request of the CIA, kept the information secret until now so as not to jeopardize the life of the agent, who is presumed to be in the custody of Iranian officials.
The controversy provides another reason why the American people should abolish the CIA, not reform it.
Look at the position in which the CIA placed the New York Times. Out of a sense of nationalism and deference to authority, the Times was manipulated into deferring to the wishes of the CIA without even knowing what the CIA agent was up to.
There is no indication that the Times asked the CIA what Levinson was doing in Iran. It apparently doesn't ask whether the agent was kidnapping, torturing, rendering, or assassinating people. Whatever the agent was doing was apparently considered irrelevant. All that matters is that he is an American working for the CIA, an agency with the omnipotent power to do whatever is necessary to protect "national security." That's all the information that's needed to squelch the story.
Of course, even if the Times had asked for such information, the CIA would have either lied about it or refused to furnish it.
But let's face it: Even if the Times were to learn that a CIA agent was assassinating people or kidnapping and torturing them, the Times would likely sit on the story anyway, so as not to jeopardize the life or liberty of a CIA agent or endanger "national security." What matters is getting the agent out of jail, presumably so that he can continue assassinating people or kidnapping and torturing them in order to "keep us safe" and protect "national security."
Suppose the New York Times acquired information that an Iranian who was taken into custody here in the United States was actually an intelligence agent for the Iranian government. If the Iranian government asked the Times to sit on the story so as not to jeopardize the life and liberty of its agent, would the Times take the same action as it did in the Levinson case? Of course not. It would immediately publish the story. What matters is not what the respective intelligence agents are up to. That's considered irrelevant. What matters is that the Times is owned and run by Americans, not Iranians.
This is what the existence of a secret intelligence force does to a citizenry. It induces them to abandon any commitment to moral or religious principles in favor of blindly supporting whatever the secret intelligence agency is doing in the name of "keeping us safe" and protecting "national security." As such, it inevitably makes the citizenry an implicit partner in its nefarious activities.
As it turns out, Levinson might have been in Iran to acquire embarrassing information about Iranian officials. According to the Times article on the Levinson case, that's what U.S. officials want. What's that all about? They want to acquire such information for the same reason that former FBI Director J. Edgar Hoover, the Mafia, and the NSA have wanted to acquire such information — to blackmail people into doing what the CIA wants them to do, in this case putting Iranian officials in a position of betraying their country and becoming spies for the CIA.
Should America be involved in this type of sordid activity? Should it be involved in assassinations? Kidnappings? Torture? Coups? Regime-change operations? Spying? Blackmail? Aren't these the types of things committed by totalitarian regimes? Should a free country be adopting totalitarian methods as a way to fight totalitarianism? Or should it be fighting totalitarianism with freedom principles instead?
Keep in mind, after all, that the United States and Iran are not in a state of war. Iran is just the most recent official enemy that the CIA and the rest of the U.S. national-security state have targeted for regime change and spy games.
Obviously, the CIA conducts its sordid activity in secret. Does that relieve the citizenry of moral responsibility for it? I don't think so, especially since everyone knows the types of things the CIA secretly does.
During the past few years, people have been assassinated in Iran. Suppose the New York Times acquired information that a CIA agent was preparing to assassinate an Iranian. Would it sit on that information and let the assassination go forth? Or would it publish the story even if it meant the arrest of the CIA agent? What's the proper thing to do — prevent the assassination or defer to the CIA and its claim of "national security"?
Consider the CIA kidnapping, rendition, and torture that took place in Italy a few years ago. The CIA didn't consider what its agents had done as criminal because they were supposedly doing it to protect "national security." The Italian courts disagreed and convicted the CIA agents of kidnapping.
If the New York Times had acquired information about the CIA's plans to kidnap that person in Italy, would it have sat on the story if the CIA had asked it to, so as not to jeopardize the operation? My hunch is that the answer would be yes, out of a mindset of deference to the authority of the CIA and a deep sense of nationalism.
Consider the CIA's many assassination plots against the likes of Fidel Castro, Patrice Lumumba, or Jacobo Arbenz. Or its kidnapping plot against Chilean military official Rene Schneider, a kidnapping that resulted in his murder. Or the CIA coup and assassination against the president of South Vietnam, Ngo Dinh Diem. Or the CIA's assassinations of Americans Anwar al Awlaki and his 16-year-old son Abdulrahman. If the CIA had asked the Times to sit on information that would disclose these assassinations, kidnappings, or coups before they happened, would the Times have sat on the information? My guess is yes, again out of deference to authority and a sense of nationalism.
The Levinson episode provides one more reason why Americans should abolish, not reform or rein in, the CIA. For one thing, a secret agency like the CIA has no place in a genuinely free society. For another thing, it is not a good thing to place citizens in a position of having to choose between moral and religious principles and a governmental agency committing evil and immoral acts in the name of "keeping us safe" and protecting "national security."
Jacob G. Hornberger is founder and president of The Future of Freedom Foundation. He was born and raised in Laredo, Texas, and received his B.A. in economics from Virginia Military Institute and his law degree from the University of Texas. He was a trial attorney for twelve years in Texas. He also was an adjunct professor at the University of Dallas, where he taught law and economics. In 1987, Mr. Hornberger left the practice of law to become director of programs at the Foundation for Economic Education. He has advanced freedom and free markets on talk-radio stations all across the country as well as on Fox News' Neil Cavuto and Greta van Susteren shows and he appeared as a regular commentator on Judge Andrew Napolitano's show Freedom Watch.


text:
I guess it's half timing and the other half's luck....
Jake Bugg – "Lightning Bolt"
Apparently, until this lad came along, Nottingham hadn't produced a number one album in several decades. Well, the wait is over! 18 years old and from Clifton, Jake Bugg was first drawn to my attention by a friend of mine who told me that one of his mate's sons was a singer-songwriter and that I should definitely check him out. Needless to say, I didn't check him out. Then, several months later, once the album was out, one of my other mates told me that I should definitely check out Jake Bugg. Well, I said, he's the son of a friend of a friend of mine, I proudly reported. I still didn't check him out though. Then I did check him out. He's good, isn't he? Why didn't anyone tell me?
Ian Dury and the Blockheads – "Hit Me With Your Rhythm Stick"
I saw Ian Dury and the Blockheads perform live once, you know. It was at the second Madstock in Finsbury Park in about 1994 (so not the Morrissey one). They were really good. That was a good lineup: as well as Madness and Ian Dury, I can remember A Guy Called Gerald, Credit to the Nation, Aswad and the Buzzcocks. I've still got the t-shirt, actually... mostly because it was always a bit too small for me back in the day, and then I got fat, and now I'm an awful lot thinner than I've ever been, it works pretty well and hasn't been worn all that much. Winner! It's a cool t-shirt too. Anyway. Dury died in 2000, so I feel pretty lucky to have had the chance to be able to see him live. I remember him being good, but almost nothing else at all about the show. Ah, to be 20 years old again. Actually. Scrap that. Who would want to be? Whilst we're on the subject of Ian Dury, here's his Bus Driver's Prayer again. Just because.
Our Farnham, who art in Hendon
Harrow be Thy name.
Thy Kingston come; thy Wimbledon,
In Erith as it is in Hendon.
Give us this day our daily Brent
And forgive us our Westminster
As we forgive those who Westminster against us.
And lead us not into Thames Ditton
But deliver us from Yeovil.
For Thine is the Kingston, the Purley and the Crawley,
For Esher and Esher.
Crouch End.
He was a genius.
Guns n Roses – "It's So Easy"
Triggered by something Ben said on Facebook the other day about how all you really needed for a stag do was some guys, some beer and a copy of "Appetite for Destruction". Yup. I can see how that might work. I see you standing there. You think you're so cool. Why don't you just.....?
The Cure – "Boys Don't Cry"
When I was a teenager and knew nothing, I used to dislike the Cure intensely. For me they were in the same category as that other band I disliked for no real reason without listening to them at about the same time: the Stone Roses. Yeah. I really did know nothing. Well, apart from the fact that the best bands in the world were Iron Maiden, Red Hot Chili Peppers, Faith No More, Dan Reed Network and the Stevie Salas Colorcode. But everyone knew that, right? That wasn't controversial.
Elvis Costello – "Alison"
I sort of passingly like a bit of Elvis Costello, but this song remains untouchable. A beautiful record.
Elbow – "Puncture Repair"
A real highlight from their gig on Monday. This has long been one of my favourites of their songs, and somehow it strikes a real chord with me. It always makes me think of Jenni too.
I leaned on you today
I regularly hurt but never say
I nearly wore the window through
Where was air sea rescue?
The cavalry with tea and sympathy
Simple, but perfect.
Flight of the Conchords – "Robots"
They may only be formerly New Zealand's fourth most popular guitar-based digi-bongo acapella-rap-funk-comedy folk duo, but I love'em. Binary solo. 0000001, 00000011, 000000111 etc.
Jeff Buckley – "Lilac Wine"
Buckley tragically died in 1997, aged 30.... but he's another artist that I was lucky enough to see performing live: he played in the Melody Maker tent at the Reading Festival in 1994, and I was the only one in my group of friends who wanted to go. Well, ok.... to be perfectly honest, I had only gone to the Melody Maker stage because I wanted to watch Gene, who were on after Buckley.... but I saw all of Buckley's set and he was mesmerising. I listened to "Grace" again the other day, as well as one of his earlier live albums, and he was an incredible talent. I think I prefer John Cale's take on "Hallelujah", but the Buckley version is pretty damn hard to beat. Gene were fantastic that day too, if you're interested. No? Your loss.
Michael Buble – "Haven't Met You Yet"
Ah, the stalker song by Mickey Bubbles. Buble seems like a nice enough chap, and I wish him all the best, but I have very little no desire to have this song planted into my head at 08:30 in the morning by a project manager cheerfully wandering into the office and singing the last song he heard in the car before he comes in. I hadn't even had a cup of coffee by this point, and it was a little bit much to take in. This is a song about a guy stalking a woman though, right? You just haven't seen me yet? Toxic earworm and frankly not something I wish to be heard humming by anyone I know.
Right. That's it. I'm back off to my playstation to be Batman..... Have a good weekend, y'all. Oh, and please shave off all those ridiculous moustaches now. Seriously: facial hair is a serious commitment and not a laughing matter.


text:
First Spotted Lanternfly Confirmed in Maryland: Marylanders Urged to Be Vigilant for New Invasive Species (Oct 25, 2018)
Maryland Department of Agriculture.
The Maryland Department of Agriculture has confirmed that a single adult spotted lanternfly has been found on a trap in the northeast corner of Cecil County near the border of Pennsylvania and Delaware. This is the first confirmed sighting of the invasive species in Maryland, and the department does not believe there is an established population of the pest in the state. If you suspect you have found a spotted lantern fly egg mass, nymph, or adult, snap a picture of it, collect it, put it in a plastic bag, freeze it, and report it to the Maryland Department of Agriculture at DontBug.MD@maryland.gov.
Invasive Snakehead Fish Caught in Gwinnett County (Georiga) (Oct 8, 2019)
Georgia Department of Natural Resources. Wildlife Resources Division.
The Georgia Department of Natural Resources' Wildlife Resources Division confirmed someone found a northern snakehead in early October in a pond on private property in Gwinnett County, marking the first time the invasive fish has been found in the state. Fishermen who find a northern snakehead should take pictures, note where it was caught and then report it.
More Zebra Mussels Found in Georgia: Public Urged to Keep Watch (Apr 20, 2021)
Wildlife officials are warning Georgia boat owners to be on the lookout for an invasive species that could cause millions of dollars in damages throughout the state. The Georgia Department of Natural Resources says zebra mussels, an eastern European species that is considered invasive, were found on a boat taken to Lake Lanier after being used on the Tennessee River near Chattanooga.
ApplyWhat's Newfilter (2)
ApplyNews or Press Releasefilter (3)
RemoveTennesseefilter
RemoveU.S. Virgin Islandsfilter
ApplyCaliforniafilter (1)


Plato's Magical Mystery Cave: Older and Wiser?
Obama supporters look at the present from the paradigm of the past. It's sad really.I can admit that of what I believed at 20 is pure BS' many can't. Beliefs die hard.
When I was 20, I believed in things like science, truth, compassion, and hope for a better world. None of those were BS. I may have been more optimistic when I was 20 than I am now, but the only BS was in underestimating how difficult it would be to make a positive difference in the world.
People who reject science and abandon their principles as they get older and instead embrace ignorance have not grown "older and wiser". If they reject science, they've become more foolish, and if they abandon their principles, they've become more lazy and/or cynical.


text:
const logging = require('@tryghost/logging');

module.exports.connectAndSend = (socketAddress, message) => {
    // Very basic guard against bad calls
    if (!socketAddress || !socketAddress.host || !socketAddress.port || !logging || !logging.info || !logging.warn || !message) {
        return Promise.resolve();
    }

    const net = require('net');
    const client = new net.Socket();

    return new Promise((resolve) => {
        const connect = (options = {}) => {
            let wasResolved = false;

            const waitTimeout = setTimeout(() => {
                logging.info('Bootstrap socket timed out.');

                if (!client.destroyed) {
                    client.destroy();
                }

                if (wasResolved) {
                    return;
                }

                wasResolved = true;
                resolve();
            }, 1000 * 5);

            client.connect(socketAddress.port, socketAddress.host, () => {
                if (waitTimeout) {
                    clearTimeout(waitTimeout);
                }

                client.write(JSON.stringify(message));

                if (wasResolved) {
                    return;
                }

                wasResolved = true;
                resolve();
            });

            client.on('close', () => {
                logging.info('Bootstrap client was closed.');

                if (waitTimeout) {
                    clearTimeout(waitTimeout);
                }
            });

            client.on('error', (err) => {
                logging.warn(`Can't connect to the bootstrap socket (${socketAddress.host} ${socketAddress.port}) ${err.code}.`);

                client.removeAllListeners();

                if (waitTimeout) {
                    clearTimeout(waitTimeout);
                }

                if (options.tries < 3) {
                    logging.warn(`Tries: ${options.tries}`);

                    // retry
                    logging.warn('Retrying...');

                    options.tries = options.tries + 1;
                    const retryTimeout = setTimeout(() => {
                        clearTimeout(retryTimeout);
                        connect(options);
                    }, 150);
                } else {
                    if (wasResolved) {
                        return;
                    }

                    wasResolved = true;
                    resolve();
                }
            });
        };

        connect({tries: 0});
    });
};

redpajama_set_name: RedPajamaGithub


text:
TV 03/05/19
The Game of Thrones Season 8 Trailer Is Boring
We know nothing either, eh Jon Snow?
Dan K
It's here; it's finally here––the "Game of Thrones" Season 8 trailer we've all been waiting for!
You better believe it's gonna be epic because this trailer has everything. It's got Arya in a hallway. It's got some close-ups of all our favorite characters. It's got live horses. It's got dead horses. It's got dragons, which are kind of like toasty sky horses.
Game of Thrones | Season 8 | Official Trailer (HBO) www.youtube.com
And we've learned absolutely nothing.
If you watched this trailer and thought, "Wow, Jon and Daenerys are working together, and all of the surviving characters are returning, and the undead army is finally coming from beyond the Wall, this is gonna be so cool!" then you probably also watched Season 7 so you knew all that already.
Seriously, what does this two-minute trailer offer? Some more army preparation that we spent half of the last season watching and an alarming number of close-ups of the actors' faces. Also, the first time we saw the dragons flying like twelve seasons ago, that was a dopamine rush. But we're used to them now. If you want to excite us with dragons, you need to do something new. Show them in action biting a dude's head off or being a zombie or something. Just setting a shot of them flying to sweeping instrumentals isn't epic anymore, it's lazy. Treat us like the dragon-addicts we are and give us something fiery hot or icy fresh.
Ghost is the best acted character on the whole show.
Speaking of which, where is Ghost? Ghost is by far the best character in "Game of Thrones," and he deserved a spot in this trailer. The only possible excuse is that the upcoming "Game of Thrones" spin-off series is entirely about Ghost and his dog pals, in which case I'm sorry for what I said.
Otherwise, this trailer is lame and entirely pointless, as are all "hype trailers" that teach us nothing new about anything and only rely on cool shots (unless it's the trailer for John Wick 3, which is very good and entirely necessary).
Who cares about a bunch of information we already know? Hopefully the new season will be a lot better than this snore-fest trailer. Don't @ me.
Dan Kahan is a writer & screenwriter from Brooklyn, usually rocking a man bun. Find more at dankahanwriter.com
Fetishizing Autism: Representation in Hollywood
5 Romantic Movie Gestures That Are Actually Super Creepy
Night of the Spooky Boy


text:
layout: post
title: "Preview markdown documents as you work in emacs"
date: "2016-07-21"
tags:
 - emacs
 - markdown
published: true
comments: true
---

**App used:** [Marked 2](http://marked2app.com/)

**Reference:** [superuse.com](http://superuser.com/questions/569517/is-there-an-extension-that-previews-markdown-instantly)

Code to include in `.emacs` file:

```lisp
;; Getting emacs to use the 'Marked' app
(defun markdown-preview-file ()
  "run Marked on the current file and revert the buffer"
  (interactive)
  (shell-command
   (format "open -a /Applications/Marked\\ 2.app %s"
       (shell-quote-argument (buffer-file-name))))
)
```

Create a key-binding to open emacs markdown file in Marked:

```lisp
(eval-after-load 'markdown-mode
  '(define-key markdown-mode-map (kbd "C-x p") 'markdown-preview-file))
```

What's cool is that as you write and save changes, they're immediately updated in the Marked preview, with a dash at the most recent change

If you want to use different templates, you can get them at [Marked 2 templates](https://github.com/ttscoff/MarkedCustomStyles) by [Brett Terpstra](https://github.com/ttscoff)


2. Cream butter and both sugars until light and fluffy.
3. Add eggs one at a time while mixing.
5. Run tap water until it's hot and put 2 tsp in a small bowl. Add 1 tsp of baking soda and stir until dissolved. Add to batter and mix gently.
7. Stir in flour, nuts and chocolate chips. Mix just until combined.
8. Use small ice-cream scoop or two teaspoons to drop rounded dough onto cookie sheet lined with silpat or parchment paper.
9. Bake for 10-12 minutes depending on your oven (ours are usually perfect at 11-12 minutes).
Cookies are done when bottom edges are just golden browned.
They are absolutely delicious warm and fresh from the oven. These cookies freeze really well too. I just allow to fully cool, then put in freezer safe container and keep for as long as your willpower will allow. When you need (yes, it's a NEED people!) something sweet, just take out of the freezer and allow to thaw at room temp. Or you can heat for a few minutes in the oven or microwave for that just-baked cookie taste. Easily transportable and great for trips.