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The Bolton Speech: The Legality of US Retaliatory Action Against Judges and Officials of the International Criminal Court?
Dapo Akande October 30th, 2018
Cross-posted from EJIL:Talk!
The speech given on Monday by John Bolton, US National Security Adviser, threatening action by the US against the International Criminal Court (ICC) in response to potential ICC investigation of US personnel with regard to the situation in Afghanistan has generated a lot of interest (see here, here, here and here). There are a plethora of policy and political issues raised by the looming clash between the ICC and the US which have been set out on other blogs in recent days (here and here). In terms of the legal issues, we are back to the old debate about whether the ICC is entitled to exercise jurisdiction over nationals of non-party states, in the absence of a referral by the UN Security Council (on which see this 2003 article of mine and this recent post in response). This post addresses whether the actions that Bolton says the US will take against Judges and ICC officials would be lawful under international law. Bolton says that the US:
"… will respond against the ICC and its personnel to the extent permitted by U.S. law. We will ban its judges and prosecutors from entering the United States. We will sanction their funds in the U.S. financial system, and, we will prosecute them in the U.S. criminal system. We will do the same for any company or state that assists an ICC investigation of Americans."
In particular, I wish to focus on whether the US would violate international law by banning ICC judges and officials from entering the US. Even if the US were to seek to prosecute ICC personnel, it is unlikely that it would obtain custody over them (unless other states cooperate with the US). The primary effect of such attempted prosecutions would be to prevent those people from entering the US, in fear of being arrested.
Barring ICC personnel from entry into the US is a significant issue because (i) the meetings of the ICC Assembly of States Parties are held at the United Nations Headquarters in New York every other year; (ii) the ICC Prosecutor goes to the Security Council, at its request, to report to the Council on the situations referred to the Court by the Council; and (iii) the President of the ICC presents a report, on the work of the Court, to the UN General Assembly annually. All of these activities and visits will have to stop if the threat by John Bolton (either to prosecute or to ban ICC judges and officials) were to be carried out.
Does the US have International Legal Obligations Preventing it from taking Retaliatory Action Against ICC Personnel?
To the extent that US retaliatory actions against ICC personnel take place within the US, the starting position would be the US can control entry into the US, prosecute people who in its view threaten US security (probably based on the protective principle of jurisdiction) and sanction funds in the US unless such acts are inconsistent with contrary obligations under international law.
The question then arises whether the US has obligations under international law which would prohibit these actions. If the US had remained a signatory to the ICC Statute, a good argument could have been made that prosecuting ICC officials for doing their job is an act that would defeat the object and purpose of the treaty since the acts are directed at preventing the Court from functioning in the way in which it was intended to function. Thus, these acts would have been in violation of the obligation imposed on signatories by Article 18 of the Vienna Convention of the Law of Treaties (VCLT, and the equivalent customary rule). However, John Bolton has already taken care of this potential argument, and released the US from the Article 18nobligation by "unsigning" the Statute, i.e indicating the intention of the US not to become a party to the Statute.
As the US is not a party to the Statute or to the Agreement on the Privileges and Immunities of the ICC, it is not obliged to accord immunity under either of those agreements.
US Obligations With Respect to ICC Personnel Under the US- UN Headquarters Agreement
However, the fact that the US is not bound by instruments relating to the ICC does not exhaust the possibility that the US has obligations to accord at least some privileges and immunities to judges and other personnel of the Court. It should be noted that the International Criminal Court is an independent international organization from the UN, but it has observer status at the UN (see UN General Assembly Resolution 58/318, 13 September 2004). The fact that the ICC is a UN observer, and also that its officials are invited to the UN to take part in the business of the UN, mean that, in principle, the personnel of the ICC, and others invited to the UN, are entitled to some of the privileges and immunities accorded under the 1947 Headquarters Agreement between the UN and the United States. In particular, they have rights of access to the United Nations Headquarters. Section 11 of the Agreement provides that:
"The federal, state or local authorities of the United States shall not impose any impediments to transit to or from the headquarters district of: . . . (5) other persons invited to the head-quarters district by the United Nations . . . on official business. The appropriate American authorities shall afford any necessary protection to such persons while in transit to or from the headquarters district."
Section 13(a) then provides that "Laws and regulations in force in the United States regarding the entry of aliens shall not be applied in such manner as to interfere with the privileges referred to in Section 11."
There is nothing in the Headquarters Agreement itself that provides for any relevant exceptions to the privilege, provided for in Section 11, of entry into the US for the purpose of engaging in official business at the UN.
It should also be recalled that, under Section 21 of the agreement, a dispute between the United Nations and the United States concerning the interpretation or application of the Headquarters Agreement which is not settled by negotiation or other agreed mode of settlement, may be referred to an arbitral tribunal (and the International Court of Justice may be asked to decide on matters that arise in the course of proceedings before the tribunal, by way of a process that is similar to the preliminary reference procedure from national courts to the Court of Justice of the European Union).
Is there a Security Reservation Limiting US Obligations Under the Headquarters Agreement?
The US has, for decades, taken the view the Headquarters Agreement is subject to a security reservation which entitles the US to take action that is necessary to preserve the security of the US. If the US were to prevent the personnel of the ICC from gaining access to the UN Headquarters, it would likely seek to justify that move on the grounds of national security. In John Bolton's speech he stated that, "the International Criminal Court unacceptably threatens American sovereignty and U.S. national security interests".
There have been previous occasions when the US has, on grounds of security, barred persons invited to the UN, from entry to the US. The most famous such incident occurred in 1988, when the US denied a visa to Yasser Arafat, then Chairman of the Palestinian Liberation Organization (PLO), who had been invited to address the UN General Assembly. That dispute raised the question of whether the US is entitled to take action which derogates from the Headquarters Agreement with the UN on account of security considerations. A similar dispute between the US, on the one hand, and the UN (and other UN members), on the other hand, arose in 1953, when the US refused visas to members of NGOs who had been invited to take part in meetings of the Economic and Social Commission. Similar disputes have arisen from time to time. [The article by Reisman, "The Arafat Visa Affair: Exceeding the Bounds of Host State Discretion (1989) 83 AJIL519 and, a less convincing one, by Zoller, "The National Security of the United States as the Host State for the United Nations", (1989) 1 Pace Y.B. Int'l L. 127 provide a good discussion of the 1988 incident. In addition to the Reisman and Zoller articles, analysis of the 1953 dispute can also be found in Leo Gross "Immunities and Privileges of Delegations to the United Nations", (1963) 16 International Organization 483. Documents regarding the I953 incident can be found in Foreign Relations of the United States, 1952-54, United Nations Affairs, Volume III]
Whether the US is entitled to prevent those invited to the UN, despite the provisions of Section 11 of the Headquarters Agreement, depends on the answer to fundamental questions whether that agreement entered into force free from reservations, whether it is possible to have a reservation to a bilateral treaty, and even to the question whether the agreement entered into force at all?
The US claims that there is a security reservation to the Headquarters Agreement has been contested by the UN on the previous occasions when it has been raised. In the incident regarding Arafat, the UN Legal Counsel issued a statement which not only set out the history and contours of that particular dispute, and its wider context, but also stated that:
"For the record, I wish to state that the United Nations has not acquiesced in such a practice. It is true that, on certain occasions, the United States has declined to issue visas to representatives of States or to persons invited to the United Nations, and the United Nations has not insisted where the requesting State itself, for reasons of its own, did not pursue the matter. The United Nations legal position regarding the obligation of the host country to grant, visas has at all times been perfectly clear to the host country, as was the United Nations position with respect to the so-called security reservation." (para. 10, A/C.6/43/7, 29 Nov. 1988)
Whether there is actually a security reservation to the Headquarters agreement depends on an understanding of the way in which the US and the UN brought the Headquarters Agreement into force. By Public Law 80-357 (1947), the United States Congress authorised the President of the United States to bring the agreement into force, it included in that Law, Section 6, which provides that:
"Nothing in the agreement shall be construed as in any way diminishing, abridging, or weakening the right of the United States to safeguard its own security and completely to control the entrance of aliens into any territory of the United States other than the headquarters district and its immediate vicinity … and such areas as it is reasonably necessary to traverse in transit between the same and foreign countries."
The Agreement was brought into force by an exchange of notes between the UN Secretary-General and the representative of the US. The US note of 21 November 1947 included the following sentence:
"Pursuant to instruction from my Government, I have the honor to inform you that the Government of the United States of America is prepared to apply the above-mentioned Headquarters Agreement subject to the provisions of Public Law 357."
The questions that arise with regard to so-called reservation are whether (i) it is in fact a reservation (and thus what its legal effects are), and, (ii) what is its scope. It is sometimes thought that one should consider the questions in that order: first what is the legal nature of the US so-called security reservation and then second, what is its scope. However, it is probably more productive to consider those questions in the reverse order. Under Art 2 of the VCLT, a reservation is "a unilateral statement, however phrased or named, made by a State, when signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State." If the US statement in Section 6 simply sets out what is really an agreed understanding of the provisions of the agreement and does not in fact exclude or modify the legal effect of the provisions of the agreement then it is probably not a reservation at all. So, scope will affect the characterization of the security "exception".
What does the US Security "Reservation" Cover?
When one undertakes a careful examination of the instances where disputes have arisen between the US and UN on this issue, particularly the 1988 Arafat visa dispute and the earlier dispute in 1953, one sees that what underlies the disagreements is a dispute about what the security "reservation" actually covers. In both of those instances one of the primary contentions of the UN has been that even if the US had intended to formulate a reservation, section 6 "refers to control by the United States of the entrance of aliens into any territory of the United States other than the Headquarters District, its immediate vicinity, and the necessary area of transit." (Memorandum of UN Legal Department, UN Doc. E/ 2397, April 10, 1953, para. 11. UN Doc. E) The contention is thus that the so-called reservation does not actually derogate from Section 11 of Headquarters Agreement and so even if the US had intended to enter a reservation, this would still not allow the US to deny entry, on security grounds, to person who were invited to the Headquarters. If the UN is right that this is all the "reservation" is about, then all the US would be entitled to do would be to restrict entry to the US to entry to the Headquarters district, its immediate vicinity and the necessary areas of transit. It could not lawfully bar entry completely.
However, the US has taken a broader view of Section 6 of Public Law 80-357. In its view that section is not just about preserving the right of the US to restrict entry into the US. In its view, that provision has two parts. It contends that the first part is a general reservation which allows the US "to safeguard its own security" and then there is a second, and separate part which preserves the right of the US to "completely to control the entrance of aliens into any territory of the United States other than the headquarters district …" This point about the "reservation" having two parts, a general and a separate does not come out so clearly when one reads the UN documentation. It becomes clearer when one reads the memos prepared by US government lawyers during the 1953 dispute. The final paragraphs of a Memorandum Prepared in the Office of the Assistant Legal Adviser for United Nations Affairs [US State Department] (15 April 1953) set out, by reference to the legislative history of Section 6, the US view that it contains two distinct parts (with one, apparently, introduced by the US Senate, and the other by the US House of Representatives). It is accepted in that memo that the wording dealing with the right of the US to control entrance of aliens into the US other than the Headquarters district "is more in the nature of an understanding than a reservation, in that it merely restates the provisions already contained in Article 13(d) of the [Headquarters] Agreement." However, it is argued that the reference to safeguarding security is intended to apply to allow control, on security grounds, "to entrance of aliens into the Headquarters District and its immediate vicinity" (emphasis added).
A Memorandum Prepared Jointly by the Department of State and the Department of Justice (4 May 1953) also contends that the US considered Section 6 as having two parts. But this time, the US adopted an even broader view of what it considered the first part. This part was regarded as "an interpretation, an understanding, and a reservation on the part of the United States with respect to the whole of the Agreement and not to any one part thereof, in so far as the security of the United States is concerned. It applies, therefore, not only to the provisions of the Agreement relating to the issuance of visas and to the admission of aliens into the United States but also to other provisions of the Agreement, including that part providing for the arbitration of disputes …" (emphasis added). Thus, it was not just about restricting entrance of alien into the Headquarters District.
Thus, the first critical question is whether the two parts of Section 6 are separate and apply to different matters or whether they are actually linked such that all that is preserved by the entirety of that Section is "the right of the United States to safeguard its own security and [thus to] completely to control the entrance of aliens into any territory of the United States other than the headquarters district …" (italicised words added). In short a right to control, on grounds of security, entrance of aliens to the territory of the US outside the Headquarters district.
To answer this question a more detailed examination of the drafting history of this provision would, in the first place, be required so as to allow one to determine what the intention of the US is. If the US position is correct, then the US would potentially be able to rely on this "reservation" to deny entry into the US, including to the UN, to ICC personnel.
A Reservation to a Bilateral Agreement?
If the US view that Section 6 is a reservation is correct, questions would also arise as to whether it is possible to have a reservation to a bilateral agreement, for that is what the Headquarters Agreement is (one between the US and the UN). It has been accepted by both sides and in the literature that an attempt to introduce a reservation into a bilateral agreement is really a call for renegotiation and such a reservation cannot take effect unless it is accepted by the other side. This then raises the question of whether the "reservation" was accepted by the UN at the time the Agreement was brought into effect. As pointed out above, the US representative did make it clear at the time they were bringing the Agreement into effect subject to the provisions of Public Law 80-357. The US has asserted that by not contesting the reservation at the time of entry into force, the UN tacitly accepted the "reservation". Although the UN has subsequently asserted that Section 6 was not brought to the attention of the General Assembly when it approved the Headquarters Agreement, the State Department Memorandum of 15 April 1953 referred to above makes a strong case that this is incorrect.
The US has also asserted that if the reservation was not in fact accepted by the UN, that would put in doubt whether the Headquarters Agreement actually entered into force. This point is legally compelling, if the facts are accurate. However, such a conclusion would have startling consequences. If it were right, 70 years of assumptions, by all concerned, that the Headquarters Agreement was binding on the US would be overturned. This would prove so destabilizing that it is hard to see that were the matter to reach a tribunal, it would come to this conclusion. It seems more likely that the conclusion that would be reached that the so-called reservation was indeed "accepted" by the UN with the focus then on what exactly it means.
The fact that the legal effect of the so-called reservation would require acceptance by the UN also has an effect on the interpretation, in international law, of this so-called reservation. Ordinarily, a reservation as a unilateral instrument is to be interpreted with "a certain emphasis on the intention of the depositing State" (See Fisheries Jurisdiction (Spain v. Canada), Jurisdiction of the Court, Judgment, I.C.J. Reports 1998, p. 432, para 48). However, where what is under consideration is an attempt to vary a bilateral agreement, with such variation only taking effect by agreement of the other party, it would seem inappropriate to place the special emphasis on the intention of the state that proposes the variation. What is sought to be found is the common intention of the parties in the same way as one would seek to find it in a treaty provision. With this in mind, it seems unlikely that the UN would have accepted such a broad derogation from the provisions of the Headquarters agreement.
It has been shown that whether it would be lawful, as a matter of international law, for the US to carry out the threats by John Bolton against the ICC will depend, in part, on the correct interpretation of the US/UN Headquarters Agreement. It has also been shown that the correct interpretation depends on how the declarations made by the US, at the time the Agreement was brought into effect, are to be interpreted. Were there to be an attempt to carry out the threat, these issues will be matters for US courts, which may, as in the case of the attempt to close the PLO office in the late 1980s choose to interpret US law so as to avoid conflict with the US' international obligations [USA v. PLO, 695 F Supp 1456 (SDNY, US, 1988)]. They may also, ultimately be matters that lead to arbitration between the US and the UN under the Headquarters Agreement.
Categories: Blog, News
Tags:Dapo Akande International Criminal Court International Law United Nations


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Fans of Leslie Cheung pay their respects at his funeral, on April 8, 2003, after the actor leapt to his death from the 24th floor of the Mandarin Oriental hotel. Photos: AFP; SCMP Pictures; AP; Reuters
Yu Lai Wai-ling, mother of missing autistic boy Yu Man-hon, petitions the Central Government Offices in Central for help in the search for her son.
Female protesters form a peace symbol outside the Cultural Centre in Tsim Sha Tsui in response to American threats against Iraq.
Dr Vincent Wong goes to work in an isolation ward for Sars patients at the Prince of Wales Hospital.
Security officers in protective gear guard a quarantine centre housing residents of Amoy Gardens.
A protester holds aloft a banner during a march to the United States consulate to protest against the US occupation of Iraq.
Best of Long Reads
Magazines / Post Magazine
Hong Kong's darkest hour: Sars and the suicide of an icon
In April 2003, Hong Kong was reeling from disease, war and the death of actor and singer Leslie Cheung. The fallout from these events changed the SAR forever, perhaps even more than the handover six years previously
Topic | Best of Long Reads
Fionnuala McHugh
Published: 12:00am, 31 Mar, 2013

redpajama_set_name: RedPajamaCommonCrawl


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TN Supreme Ct.
STATE v. MARISE
Supreme Court of Tennessee,at Jackson.
STATE of Tennessee v. Gary Lee MARISE.
No. W2003-02434-SC-R11-CD.
Decided: July 27, 2006
ADOLPHO A. BIRCH, JR., J., delivered the opinion of the court, in which WILLIAM M. BARKER, C.J.; E. RILEY ANDERSON, JANICE M. HOLDER, and CORNELIA A. CLARK, JJ., joined. Benjamin S. Dempsey, Huntingdon, Tennessee, for the appellant, Gary Lee Marise. Paul G. Summers, Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General; Robert Radford, District Attorney General; and Eleanor Cahill, Assistant District Attorney General, for the appellee, the State of Tennessee.
We granted permission to appeal in this case pursuant to Rule 11, Tennessee Rules of Appellate Procedure, to determine whether lay testimony of olfactory observations alone may support a conviction for possession of anhydrous ammonia with the intent to manufacture methamphetamine, a violation of Tennessee Code Annotated section 39-17-433(a). We conclude that the burden of proving the nature and composition of anhydrous ammonia as it is defined in Tennessee Code Annotated section 43-11-303(a) cannot be met by adducing lay testimony of olfactory observations only. Because the evidence adduced in the case under submission did not include any evidence of the chemical composition of the substance, we conclude that it is insufficient to sustain the conviction for unlawful possession of anhydrous ammonia and reverse the judgment of the Court of Criminal Appeals insofar as it affirmed this conviction. Accordingly, we dismiss the defendant's conviction for possession of anhydrous ammonia with the intent to manufacture methamphetamine.
I. Facts and Procedural History
On March 19, 2002, Deputy Michael Darnell of the Carroll County Sheriff's Department was on routine patrol when he observed the defendant, Gary Lee Marise, and a co-defendant, John Hamblen, standing at the rear of a car, which partially obstructed the roadway. Suspecting that the men might be dumping trash, he activated his emergency equipment and pulled in front of their vehicle. The men hastily shut the trunk and got in the car-the defendant in the driver's seat and Hamblen in the passenger's seat.
When he got closer to the window of the 1983 Plymouth, Darnell smelled alcohol and saw empty beer bottles lying in the floor of the car. He asked the two men for identification; Hamblen could not produce any. Darnell asked both men to step out of the vehicle and placed them inside his patrol car. Outside the vehicle, Darnell found a hand-rolled marijuana cigarette lying next to the passenger side of the car and a small jelly tin. Inside the jelly tin were two small packages containing a brownish powdery substance; Darnell suspected that the contents were methamphetamine.
Darnell also thought that he recognized the smell of anhydrous ammonia emitting from the trunk of the vehicle; he testified that he was familiar with the chemical's smell because he had worked on a farm, and anhydrous ammonia was a common farm chemical used to fertilize corn. It is also, he testified, a precursor ingredient to the "cold cook" method of producing methamphetamine. After smelling this chemical, Darnell asked the defendant for permission to search the vehicle. The defendant declined, stating that the vehicle did not belong to him.
Darnell obtained a search warrant for the vehicle and found, among other items, a metal canister inside the trunk which smelled of anhydrous ammonia. Darnell testified that this sort of container was commonly used to store anhydrous ammonia. He did not open the canister, he said, because of the caustic and volatile nature of anhydrous ammonia. In his opinion, however, the canister was full of anhydrous ammonia when it was seized. The substance has since evaporated. The contents of the canister have never been tested, nor has the canister been weighed. Darnell testified that the Sheriff's Department never sends anhydrous ammonia for testing because it is easily identifiable by its distinctive smell.
Deputy Andy Dickson, an investigator with the Carroll County Sheriff's Department in charge of the evidence room, testified that he was on the scene when the search warrant was executed and that he smelled the anhydrous ammonia emitting from the trunk of the car before the trunk was opened. He corroborated Darnell's testimony that the Sheriff's Department has never weighed anhydrous ammonia, nor have they sent anhydrous ammonia for laboratory testing.
The jury convicted the defendant of one count of felony possession of anhydrous ammonia with the intent to manufacture a controlled substance; 1 one count of misdemeanor possession of methamphetamine; 2 one count of misdemeanor possession of marijuana; 3 and one count of misdemeanor possession of drug paraphernalia.4 The defendant was sentenced as a Range I, standard offender to two years (with ninety days to serve) for possession of anhydrous ammonia, and concurrent sentences of eleven months and twenty-nine days (with thirty days to serve) for each of the misdemeanor possession counts.
The defendant's motion for a new trial was overruled, and he then appealed to the Court of Criminal Appeals, contending that the evidence was insufficient to support his conviction for possession of anhydrous ammonia with the intent to manufacture a controlled substance. The Court of Criminal Appeals affirmed the defendant's convictions, and he applied for permission to appeal to this Court.
II. Standard of Review
Because the defendant challenges the sufficiency of the convicting evidence, "our standard of review is 'whether, after reviewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.' " State v. Jackson, 173 S.W.3d 401, 408 (Tenn.2005) (quoting Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979)).
III. Analysis
The defendant contends that in order to sustain a conviction for possession of anhydrous ammonia, the State must prove the chemical composition of the substance as is required by statute (82% nitrogen). The State contends, however, that such chemical proof is unnecessary and that the nature of the substance may be proven circumstantially through testimony of a trained narcotics officer that a particular substance smelled like anhydrous ammonia.
Tennessee Code Annotated section 39-17-433(a) (2003) makes it a crime for "a person to possess anhydrous ammonia, as defined in § 43-11-303(a), with the intent to: (1) Use such anhydrous ammonia in the manufacture of a controlled substance ․" (emphasis added). Anhydrous ammonia is defined in section 43-11-303(a) as containing 82% nitrogen.
Both parties cite to an unreported case, State v. Bynum, No. W2001-0011-CCA-R3-CD, 2001 WL 1690216 (Tenn.Crim.App. Dec.31, 2001), as support for their respective contentions. Accordingly, we will address Bynum in the context of the case under submission.
In Bynum, deputies smelled what they believed to be anhydrous ammonia emitting from a toolbox in the front seat of Bynum's truck. 2001 WL 1690216 at *1. Inside the box, they found a thermos, which a deputy opened, pouring out what he thought was anhydrous ammonia. Although no part of the substance was retained for chemical testing, the defendant admitted to possession of anhydrous ammonia. After he was convicted, he challenged the sufficiency of the convicting evidence on appeal. Id. The Court of Criminal Appeals found that "[w]hile the olfactory observations of the officers may not be enough, standing alone, to convict him under the statute," this evidence, when considered with the defendant's confession, was enough to support his conviction for possession of anhydrous ammonia. Id. at *2. Bynum is easily distinguishable from this case by the fact of the defendant's confession.
The Bynum Court did not, however, address the precise issue presented here-whether the olfactory observations of an officer, standing alone, are sufficient to support a conviction for possession of anhydrous ammonia. Thus, we are asked to decide an issue of first impression, albeit one of limited scope, because the legislature has since amended the statute by deleting the reference to anhydrous ammonia's chemical composition. Compare Tenn.Code Ann. § 39-17-433(b) (2005) (making it an offense to "promote methamphetamine manufacture" and making it admissible for an expert to establish whether a substance can be used to produce methamphetamine) with Tenn.Code Ann. § 39-17-433(a) (2003) (referring to the 82% nitrogen definition in § 43-11-303(a) in defining the offense). We must decide this case, however, based upon the statutes as they existed at the time of the defendant's alleged commission of the offense. The critical question, then, is whether the chemical composition of a substance must be proven to sustain a conviction for possession when the statute defining the offense includes a particular chemical composition.
The resolution of this issue rests on sound principles of statutory construction. When construing a statute, courts are to give effect to the ordinary meaning of the words used in the statute and presume that each word used was purposely chosen by the legislature to convey a specific meaning. State v. Denton, 149 S.W.3d 1, 17 (Tenn.2004) (citing State v. Jennings, 130 S.W.3d 43, 46 (Tenn.2004)). "Courts must 'presume that the legislature says in a statute what it means and means in a statute what it says there.' " Mooney v. Sneed, 30 S.W.3d 304, 307 (Tenn.2000) (quoting BellSouth Telecomm., Inc. v. Greer, 972 S.W.2d 663, 673 (Tenn.Ct.App.1997)).
Applying those principles to the case at hand, the 2003 version of Tennessee Code Annotated section 39-17-433(a) clearly references the agricultural definition of anhydrous ammonia, defining anhydrous ammonia as a substance composed of 82% nitrogen. See also Tenn.Code Ann. § 43-11-303(a). Presumably, had the legislature not intended that the State be required to prove that chemical composition beyond a reasonable doubt, then it would not have made reference to the composition in the statute criminalizing possession of anhydrous ammonia. This assumption is further bolstered by the fact that the legislature, when amending the statute to its current form, intentionally removed this reference, thereby removing the requirement that anhydrous ammonia's chemical composition be proven.
Because this Court's duty is to give effect to the legislative intent without unduly restricting or expanding the statute's intended scope, we must hold that the State was required, under the statutes existing at the time of the defendant's alleged commission of the crime, to prove the chemical composition of anhydrous ammonia beyond a reasonable doubt. See State v. Davis, 173 S.W.3d 411, 413-14 (Tenn.2005) (citing Jennings, 130 S.W.3d at 46); see also Tenn.Code Ann. § 39-17-433(a). Because the State was required to prove the chemical composition of the anhydrous ammonia beyond a reasonable doubt, and because no chemical test was performed to determine the composition of the substance found, we hold that the evidence was insufficient to support the defendant's conviction.
IV. Conclusion
Because we hold that the evidence was insufficient to sustain the defendant's conviction for possession of anhydrous ammonia, we reverse the decision of the Court of Criminal Appeals insofar as it upheld this conviction. Accordingly, we dismiss the defendant's conviction for that offense. The costs of this appeal are taxed to the State of Tennessee, for which execution may issue if necessary.
1. Tenn.Code Ann. § 39-17-433(a)(1) (2003).
2. Tenn.Code Ann. § 39-17-418(a) (2003).
3. Tenn.Code Ann. § 39-17-418(a).
ADOLPHO A. BIRCH, JR., J.


Published by Infogrames in 2002, the same year as Blue's Clues Kindergarten, Blue's Clues Preschool offers a similar game experience. The story takes you and Blue, star of the paper-cutout-animated television show, to her pre-school classroom, where Miss Marigold assigns a neighborhood adventure to the class. You, Blue, and other members of Blue's class will visit five places and bring back something from each location.
After you choose a color and level and sign in, clicking on the cloud in the upper left corner of your screen takes you to a "Likes" page - the color, animal, food, song, and sport you choose here will be used somewhere in the game. The Parent's area is also accessible here, showing the curriculum goals for the game, and giving parents suggestions for additional activities connected to each neighborhood location. Gameplay uses the mouse (point, click, and drag) and an optional printer for the printable pictures and games available in Miss Marigold's classroom.
As you and Blue travel through the neighborhood (escorted by Blue's human friend, Joe, who drops you off at each location), you'll visit these places:The Music Store - Listen to Purple Kangaroo and play instruments in the same order he doesThe Bakery - Learn how to wait your turn and practice finding shapes and colorsThe Library - Match letters or find the first letter describing a picture as you help shelve some library books - choose a book to read as a rewardThe Present Store - Wait on customers; help them find the gift they can afford and count the moneyThe Grocery Store - Find ingredients described by Mrs. Pepper, put them in your cart, then check and bag themAs you finish each area you'll receive a special shape and the neighborhood location is checked off on Miss Marigold's List, which appears as an icon on the top right. Once all the locations are checked off, return to the preschool classroom to discover what the teacher will do with the items you've collected.


Developing and submitting code are not the only ways to contribute to Linux. Contribution to the Linux community comes in all forms, which includes submitting your creative design for the annual Linux.com Store T-shirt design contest.
This year, the T-shirt Design Contest will celebrate the 20th Anniversary of Linux by soliciting designs that represent the impact of the operating system on computing, business and/or culture.
The winning design will be used for the official LinuxCon T-shirt, which means every attendee at this year's event will receive the T-shirt. That's a lot of people wearing your design.
These guidelines are general on purpose: show what a 20th Anniversary of Linux T-shirt should look like. It can look back at 20 years of innovation; it can focus on today's celebration; or it could illustrate what the future holds for the operating system. Or, all of the above.
If you're looking for inspiration, watch the recently released "Story of Linux" video produced by The Linux Foundation.
The winner of this year's contest will receive even more fame than last year's winner Said Hassan. The winning design will be used for the official LinuxCon T-shirt, which means every attendee at this year's event will receive the T-shirt. That's a lot of people wearing your design. The T-shirt will also be available in the Linux.com Store as the official 20th anniversary of Linux T-shirt. Talk about famous. Yeah, that's you.
The Top Five designs will be announced and hosted on Linux.com beginning the week of 5 June 2011 for two weeks of community voting. The winner will be revealed late June/early July and will be awarded travel to Vancouver, B.C. to attend LinuxCon and the 20th Anniversary Gala in August.
The 2011 Linux.com Store T-shirt Design Contest is open to anyone.
The design file must be no larger than 640×480 (.jpg, .png, .gif) and must be under 1MB in size.
Please remember that while your submission is only a .jpg or .png, the winner will be required to provide a vectorized version (.svg, .eps, .pdf) of their design to print on the T-shirt.
Submit through the online entry form on Linux.com.


This 14 karat white gold ring has a feminine design with four round diamonds, at approximately .28 carat total weight. Each diamond has been hand-matched for exceptional beauty and brilliance. Personalize the look by adding a center diamond in the shape and size of your choice.


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By Abhijeet M.
Samsung Galaxy A31 and Galaxy A41 coming in these storage options
The Galaxy A51 is expected to be the first of Samsung's 2020 Galaxy A series smartphones to be officially launched, and the company is also working on the Galaxy A11, Galaxy A71 (along with possibly a 5G variant) and the Galaxy A91. While no time frame has been rumored for the unveiling of these devices, Samsung isn't wasting time and has already kicked off development on two more 2020 A series phones.
Our sources tell us the Galaxy A31 (SM-A315F) and Galaxy A41 (SM-A415F) are now being actively developed and have revealed the storage options for the two phones. It seems only the Galaxy A31 will be getting an upgrade over its predecessor as far as the storage is concerned. The A31 will come in 64GB and 128GB variants, unlike the 32GB and 64GB options that you get with the Galaxy A30. The Galaxy A41 will come in a single 64GB variant, just like the Galaxy A40 (review).
Nothing else is known about the Galaxy A31 and A41 at this time, although both handsets should run Android 10 out of the box like other 2020 Galaxy A series phones. We can also expect the two phones to bring an upgrade in the imaging department over the A30 and A40, but everything is speculation until more information about these handsets comes our way.
Galaxy A31 Galaxy A41 SM-A315F SM-A415F


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Quick Hits: Cubs, Bryant, Tigers, Puig, Mets, Dellin
By Connor Byrne | January 3, 2020 at 1:50pm CDT
A service-time grievance and trade rumors have been dominant topics this offseason centering on Cubs superstar Kris Bryant. But Bryant, who will turn 28 on Saturday, would still prefer to spend his entire career with the Cubs, Bruce Levine of 670 The Score hears. That depends in part on whether the club would be willing to give the third baseman "fair value" in an extension, though. To this point, there hasn't been any word about serious extension talks between the two sides. As of now, after his grievance hearing in October, the main question is whether Bryant has one or two years of team control left. The decision figures to have a significant impact on his future.
More from around the game…
If free-agent outfielder Yasiel Puig ends up scoring a multiyear contract, which is far from a sure thing, it's "unlikely" the Tigers will be the team that gives it to him, Evan Woodbery of MLive.com writes. That said, credible outfield possibilities in free agency are decreasing, and the Tigers look to be in desperate need of help there. Their projected 2020 trio of JaCoby Jones, Christin Stewart and Harold Castro combined for minus-1.7 fWAR in 2019.
The Mets opened up a windfall of cash when they agreed to an amended contract with injury-laden outfielder Yoenis Cespedes two weeks ago. A few days later, the team reached a guaranteed $10.5MM deal with reliever Dellin Betances. However, according to general manager Brodie Van Wagenen, there's no connection between the two transactions. "The specifics of Cespedes' resolution didn't necessarily drive this decision. It was more the desire to get this player," said Van Wagenen, per Ken Davidoff of the New York Post. Van Wagenen added that the Mets' pursuit of Betances began at the general managers' meetings in November, long before they changed Cespedes' contract.
It seems interest in outfielder Kim Jae-Hwan has been hard to come by since he was posted Dec. 5, but the free agent has every intention of riding out the process, his agent, Kim Pyung-ki, told Jeeho Yoo of Yonhap News. Kim only has until Sunday to find a contract; otherwise, he'll return to his Korea Baseball Organization club, the Doosan Bears, and won't be eligible for another posting until November. So far this offseason, only the Marlins have been connected to Kim, but "they seemed lukewarm in their response after watching footage of Kim in action," Yoo writes. And Miami has signed fellow outfielder Corey Dickerson, perhaps taking it out of the Kim sweepstakes entirely.
Chicago Cubs Dellin Betances Detroit Tigers Jae-hwan Kim Kris Bryant New York Mets Notes Yasiel Puig
Mets Sign Dellin Betances
By Steve Adams | December 24, 2019 at 1:50pm CDT
The Mets gave their fans a pleasant holiday surprise, announcing Tuesday that they've agreed to a one-year contract with free-agent right-hander Dellin Betances. The Excel Sports client will reportedly be guaranteed $10.5MM and secure a player option for the 2021 season in addition to a vesting player option for the 2022 campaign.
The contract is said to promise Betances a $7.5MM salary in 2020, and his player option is valued at $6MM with a $3MM buyout. However, he'll have the opportunity to boost the value of that option and the potential 2022 option as well.
Specifically, the value of the 2020 option will escalate by $800K when Betances pitches in his 40th game in 2020. It'll increase by an additional $1MM upon reaching each of 50, 60 and 70 games. As for the second player option, it would vest if Betances exercises the first player option and then appears in 50 games in 2021 — but only at a $1MM base. If Betances appears in 60 games, that base would jump to $2MM (with a $1MM buyout). It'd further increase to $3MM ($1MM buyout) by appearing in 70 games in 2021.
Generally speaking, the base values of Betances' player options make it unlikely that he'll be tempted to opt into the additional years of the contract unless he incurs an injury that would pretty severely hinder his earning power. In the event that Betances declines his initial player option at the end of the 2020 campaign, the Mets would have the opportunity to issue him a qualifying offer.
Betances, 32 in March, made four consecutive All-Star teams beginning with the 2014 season and was one of baseball's most dominant 'pen options from 2014-18 while with the Yankees. Over that span of five years, the New York City native pitched to a pristine 2.22 ERA with a gaudy 14.6 K/9 mark against 3.9 BB/9. Despite pitching his home games in the launching pad that is Yankee Stadium, he averaged just 0.6 HR/9 in that time as well.
The stars looked to be aligning for Betances to cash in on a massive free-agent payday as a result of that half decade of dominance, but a shoulder impingement in Spring Training ultimately wiped out five months of Betances' 2019 season. And when he was finally healthy enough to return, Betances suffered a partial tear of his left Achilles tendon in his first (and only) appearance of the season.
Those injuries notwithstanding, Betances entered the winter considered to be one of the best bounceback candidates on the free-agent market. Few, if any available relievers can match the upside that he brings to the table. His health troubles surely wiped out the possibility of a substantial three- or even four-year arrangement, but on a short-term pact, Betances has the potential to be one of the winter's best bargains.
The Mets' bullpen now features three relievers who, as recently as 2018, were widely considered to be among the game's elite: Betances, Edwin Diaz and (perhaps to a lesser extent) Jeurys Familia. All three are in dire need of a rebound, but if that trio can come anywhere close to approximating the value it produced back in '18, the Mets' relief unit will be an overwhelming strength.
Righty Seth Lugo will give rookie manager Carlos Beltran a fourth high-end option, as he's coming off a terrific 2.70 ERA and a 104-to-16 K/BB ratio through 80 innings of relief work himself. Lefty Justin Wilson, too, had a strong season — albeit in a more specialized role. Righties Brad Brach, Robert Gsellman and Michael Wacha are currently in line to round out what now looks like an experienced and potentially excellent Mets bullpen.
It wasn't long ago that the Mets' 2020 payroll looked to be up against ownership's comfort threshold, but the recent restructuring of the final year of Yoenis Cespedes' four-year contract surely gave the club some additional spending capacity. That grievance left the Mets with an additional $18.75MM in resources with which to work — an unexpected development that undoubtedly played a major role in paving the way for this deal.
Andy Martino of SNY first reported the deal (via Twitter). MLB Network's Jon Heyman added that it was a one-year deal. ESPN's Jeff Passan tweeted that Betances received two player options. Joel Sherman of the New York Post (Twitter links) and Anthony DiComo of MLB.com (Twitter link) added details on the option structures and incentives packages.
Dellin Betances New York Mets Newsstand Transactions
Latest On Dellin Betances
By Connor Byrne | December 17, 2019 at 7:52am CDT
7:52am: Betances is hoping to secure a one-year deal in the $10MM range, Heyman tweets. That's the same guarantee Blake Treinen just landed with the Dodgers, although while Treinen had a down season in 2019, he was at least healthy and pitched 58 2/3 innings in 2019.
Dec. 17, 5:55am: The Mets are now considered unlikely to sign Betances, Heyman tweets. SNY's Andy Martino hears similarly, tweeting that it doesn't sound as though the Mets will be the team to land the right-hander.
Dec. 16: A report at the end of November indicated the Phillies were among the teams chasing free-agent reliever Dellin Betances. That remains the case, according to Jon Heyman of MLB Network (by way of Jack Curry of the YES Network), as he relays that they and the NL East rival Mets are "prominent" in the Betances sweepstakes.
Heading to Philadelphia would reunite Betances with skipper Joe Girardi, who managed the hard-throwing right-hander with the Yankees from 2011-17. Betances had some of the best years of his outstanding career during that stretch, but he's now coming off an injury-ravaged season in which he barely pitched. Shoulder, lat and Achilles problems limited the 31-year-old Betances to a total of two-thirds of an inning in 2019, leaving him as a strong candidate to sign a short-term deal this winter. MLBTR predicts he'll ink a one-year, $7MM contract, which should be a reasonable gamble for the Phillies or any other team in need of bullpen help.
A $7MM price tag for a reliever fresh off a limited campaign may have looked somewhat steep for the Mets earlier in the offseason, but they've come into some money in recent days with the reworking of outfielder Yoenis Cespedes' contract. Cespedes, who went through two injury-wrecked years from 2018-19, had been slated to earn $29.5MM next season. However, Cespedes and the Mets just agreed to an amended contract that will guarantee him a far more team-friendly sum (less than $10MM) in 2020.
The Mets have more to work with as a result of Cespedes' pay cut, and a source told Ken Davidoff of the New York Post that they're "nowhere near done" after signing starters Rick Porcello and Michael Wacha. Perhaps they'll use some of the money that had been earmarked for Cespedes on Betances, who – at least on paper – would vastly improve the back end of a bullpen that was a frequent issue last season. Notably, new Mets manager Carlos Beltran was once teammates with Betances as a Yankee.
Dellin Betances New York Mets Philadelphia Phillies
Pitching Rumors: Ryu, Leclerc, Betances, Hader, Thor
Earlier this week, Dodgers president of baseball operations Andrew Friedman told Bill Plunkett of the Orange County Register and other reporters that he has discussed a new deal for Hyun-Jin Ryu with agent Scott Boras. For now, though, Ryu's under the impression his longtime club isn't particularly interested in bringing him back. "If the Dodgers wanted to re-sign me, they would have told my agent," the left-hander said (via Yonhap News Agency). "I haven't heard from him yet, and honestly, I don't have much to tell you right now." Ryu and Madison Bumgarner, another potential Dodgers target, represent the two best free-agent starters left in a market that has lost Gerrit Cole and Stephen Strasburg over the past few days. Should the Dodgers fail to sign either of them, it's unclear where they'll turn if they're determined to land another high-end starter.
Rangers right-handed reliever Jose Leclerc is generating "a lot of interest" from other clubs, Levi Weaver of The Athletic tweets. That said, it's not known whether the Rangers are open to trading their most valuable reliever – whom they signed to a team-friendly extension last offseason. The hard-throwing Leclerc, 25, is controllable for five more seasons (including two club options) and is only due a guaranteed $12.25MM over the rest of his deal. That's one of the reasons he'd likely bring back a quality haul in a trade, which could create a conundrum for general manager Jon Daniels.
It appears increasingly likely that reliever Dellin Betances' time with the Yankees is up. There's no "active dialogue" between the Yankees and the free-agent righty's camp, Joel Sherman of the New York Post reports. The 31-year-old Betances was excellent as a Yankee until injuries derailed him in 2019, when he faced a total of two batters. It seems the Yankees have turned their attention to another established reliever, Brewers lefty Josh Hader, whom they're reportedly pursuing on the trade market. But Sherman throws a bit of cold water on that, writing that the two teams "did not seem to have substantial traction" in talks as the Winter Meetings wrapped up.
The Mets just added two starters in Rick Porcello and Michael Wacha, giving them at least viable rotation candidates. Those somewhat modest signings won't affect righty Noah Syndergaard's place on the team's roster, though. GM Brodie Van Wagenen continues to insist the Mets are not going to trade Syndergaard, Sherman relays. In fact, with Jacob deGrom, Syndergaard, Marcus Stroman, Steven Matz, Porcello and Wacha as the Mets' top six starters, Van Wagenen's of the belief that they have the deepest rotation in baseball.
Dellin Betances Jose Leclerc Josh Hader Los Angeles Dodgers Milwaukee Brewers New York Mets New York Yankees Noah Syndergaard Notes Texas Rangers
Dodgers Interested In Dellin Betances
By Connor Byrne | December 12, 2019 at 7:12pm CDT
The Dodgers lost out to the Yankees in the Gerrit Cole derby on Tuesday, when the ace chose New York's offer over Los Angeles' proposal. Now, the Dodgers are among the teams with their sights set on one of the Yankees' longtime contributors, reliever Dellin Betances. They have "real interest" in the four-time All-Star right-hander, according to Joel Sherman of the New York Post. Jorge Castillo of the Los Angeles Times first reported the Dodgers were after Betances, but that was before they agreed to sign fellow righty reliever Blake Treinen to a one-year, $10MM guarantee Wednesday.
If you're a Dodgers fan, the excitement of a Betances pursuit obviously falls well shy of a Cole signing. But that's not a knock on the soon-to-be 32-year-old Betances, one of the most successful late-game hurlers in recent memory. Betances came into his own in 2014 and has since posted a tremendous 2.21 ERA/2.25 FIP with 14.66 K/9, 3.9 BB/9 and a 48.1 percent groundball rate. That type of production would be welcome anywhere, especially on an LA team whose bullpen had its share of issues in 2019.
During a half-decade run from 2014-18, no major league reliever amassed more innings than Betances' 373 1/3. While durability has been one of the hallmarks of the hard-throwing Betances' career, the 2019 season was a different story. Injuries to his shoulder and lat largely deprived Betances of the chance to put up an impressive platform campaign and further boost his stock heading to the market. Betances didn't pitch until Sept. 15, and his season came to an abrupt end that day after he faced just two batters (both of whom he retired). He suffered a freak partial tear to his left Achilles while hopping off the mound in Toronto.
In the wake of his latest injury, it's anyone's guess whether Betances will return to form next season. However, with MLBTR projecting a one-year, $7MM payday, Betances would be an intriguing buy-low pickup for the Dodgers, who are already set to take a chance on a Treinen bounce-back effort.
Dellin Betances Los Angeles Dodgers
Twins Looking At Top Free Agent Relievers
By Jeff Todd | December 11, 2019 at 1:29pm CDT
Even as they continue to press for rotation improvements, the Twins are exploring options at the top of the market for relief pitching. It seems the team is casting an exceptionally wide net, per reports from Darren Wolfson of 1500 ESPN (via Twitter) and Kristie Ackert of the New York Daily News (Twitter link).
To this point, the Twins have already been rumored to be pursuing a reunion with sturdy veteran Sergio Romo — albeit perhaps not quite as enthusiastically as some other teams — while also joining a crowded group with interest in bounceback target Blake Treinen. Other candidates of each ilk have now been identified.
The Minnesota organization has looked into free agents Daniel Hudson, Steve Cishek, and Will Harris, according to Wolfson. That trio landed in our ranking of the top 50 free agents, with each prognosticated to secure a two-year pact with a guarantee of $10MM or more. They're arguably a tier up from Romo on the market, though all of essentially the same subclass — veteran righty relievers with ample late-inning experience coming off of productive seasons.
Treinen is a much higher-variance hurler. When he was non-tendered, he joined a bounceback market led by Dellin Betances, who is hoping to return to form after an injury-ruined 2019 season. The Twins are at least giving internal consideration to pursuing Betances. It's a bit of a dice roll since we don't yet know whether he'll be at peak physical form, but a single-season gamble on the high-octane hurler would seem to suit the Twins rather well.
Blake Treinen Daniel Hudson Dellin Betances Minnesota Twins Sergio Romo Steve Cishek Will Harris
AL Rumors: Yanks, Gardner, Dellin, Rays, A's, Hill, Shaw, Jays, BoSox
By Connor Byrne and Jeff Todd | December 9, 2019 at 4:36pm CDT
Multiple teams are showing interest in free-agent outfielder Brett Gardner on a multiyear contract, Jon Heyman of MLB Network reports. However, Gardner continues to prefer re-signing with the Yankees, according to Heyman, who adds that the two sides are "still talking." Indeed, as of a few days, Gardner and the Yankees were continuing to negotiate a new contract. Should they reach an agreement, the 36-year-old Gardner would continue as the longest-tenured player on the Yankees' roster. Until then, he'll remain as arguably the most appealing center field-capable player on a market which is weak in that regard.
Sticking with the Yankees, they've "engaged" with another of their longtime contributors, free-agent reliever Dellin Betances, Jack Curry of the YES Network tweets. But so have one of their division rivals, the Rays. Wherever Betances ends up, it's "likely" he'll sign a one-year contract in an effort to rebuild his value, per Curry. Although the 31-year-old Betances is one of the game's most successful relievers in recent memory, injuries to the right-hander's shoulder, lat and Achilles prevented him from making any meaningful contributions in 2019. Nevertheless, MLBTR expects Betances to land a $7MM payday over one year (with the Rays).
The Athletics are showing interest in Royals southpaw Tim Hill, Susan Slusser of the San Francisco Chronicle reports. This isn't the first trade chatter we've heard on the 29-year-old, who turned in 39 2/3 innings of 3.63 ERA ball last year. Why the interest from AL contenders in a player that most fans have never heard of? Hill didn't carry overwhelming overall K/BB numbers (39:13), but did generate a healthy 29.2% K rate against righties while delivering an excellent 57.3% groundball rate. That combination of tools is all the more interesting given the soon-to-be-minted three-batter minimum rule.
Free-agent infielder Travis Shaw, on the market since the Brewers let him go at the non-tender deadline a week ago, has garnered interest from the Blue Jays, Jon Morosi of MLB.com relays. Additionally, Chris Cotillo of MassLive.com relays that the third baseman/second baseman has expressed a willingness to return to the Red Sox, his first MLB team, though it's unclear if they're open to a reunion. Shaw, whom the Red Sox traded to the Brewers in December 2017, had a pair of highly productive years in Milwaukee before his numbers fell off a cliff this past season. That caused the Brewers to move on from Shaw, leaving the 29-year-old as a buy-low candidate this winter.
Boston Red Sox Brett Gardner Dellin Betances Kansas City Royals New York Yankees Notes Oakland Athletics Tampa Bay Rays Tim Hill Toronto Blue Jays Travis Shaw
Phillies Interested In Dellin Betances, Austin Romine
By TC Zencka | November 30, 2019 at 9:01am CDT
The Phillies are reportedly expressing interest in reliever Dellin Betances and catcher Austin Romine, per George A. King III of the New York Post.
Along with their reported interest in free agent shortstop Didi Gregorius, that makes three former Yankees the Phillies have been connected to since their hire of Joe Girardi as their next manager. All three ex-Yankees played multiple seasons under Girardi's tutelage.
Betances certainly makes sense for a Phillies' bullpen that was middle of the pack by ERA and a bottom-10 unit by measure of FIP. MLBTR's Steve Adams provided a more succinct review in his Offseason Outlook by noting: they were "not a strength in 2019." The group dealt with their share of injuries, of course, but that's cold comfort for a team keen on competing in a difficult NL East. The bullpen currently has a number of high-ceiling arms, but very few established roles after injuries derailed the seasons of David Robertson, Seranthony Dominguez, and Tommy Hunter. Nominal closer Hector Neris arguably put together a decent 28-save campaign, but he was not without his hiccups either. Not for nothing, with Girardi taking over, usage patterns could shift entirely for this unit. Betances' career 2.36 ERA and 14.6 K/9 would be a good addition on paper, but after missing essentially all of the 2019 season, Betances' shutdown back-end talent comes packaged with further uncertainty.
Romine is the less likely of the two to end up in Philly, as the backup catcher is coming off a career-best .281/.310/.439 campaign and there's no shortage of catching opportunities elsewhere. The backup spot in Philly doesn't have as much playing time to offer as most – J.T. Realmuto is one of the few frontline catchers that demands a heavy majority of playing time. Philadelphia can probably get by with any number of veteran backups. They also have Deivy Grullon, 24 this season, waiting in the wings after a strong .283/.354/.496 seasons in Triple-A. Presumably, Romine would look for a position with a more obvious path to playing time.
Austin Romine Dellin Betances Didi Gregorius Joe Girardi Philadelphia Phillies
Brian Cashman Discusses Gerrit Cole, Yankees Offseason
By Anthony Franco | November 11, 2019 at 9:45pm CDT
Yankees general manager Brian Cashman addressed a variety of topics this evening at the GM Meetings. Chief among them was the starting pitching market. Cashman confirmed to reporters (including Andy Martino of SNY) that the Yankees will engage with Gerrit Cole and Stephen Strasburg this offseason. Cashman added, though, that the club has a significant amount of money already on the books (via Erik Boland of Newsday) and will also explore the trade and lower-tier free agent markets (reports James Wagner of the New York Times).
Clearly, Cashman and his front office are open to whatever opportunities may present themselves and aren't locked into any specific means of improving the roster. Nevertheless, it's still notable that the Yankees will engage with the market's top arms. Cole, in particular, will come at a hefty cost. MLBTR forecasted an eight-year, $256MM deal for Cole, who stands a good chance of securing the offseason's largest contract. Unsurprisingly, Cole's camp figures to come out shooting even higher, with ESPN's Buster Olney (via Twitter) estimating agent Scott Boras' initial ask will exceed $300MM. While Cole doesn't ultimately figure to command a price quite that high, bringing him in will no doubt require a franchise-altering outlay.
Signing Cole would certainly require that the Yankees exceed the $208MM luxury tax threshold, as they did in 2019. Cashman added that ownership hasn't mandated the payroll remain south of the luxury tax (via Martino), although he stopped short of definitively declaring they would pay the penalties for the second consecutive year. The club's luxury tax estimate already sits at almost $210MM, per Cot's Contracts, before accounting for any offseason expenditures.
Cashman also addressed the status of three of New York's own free agents. He confirmed reports the club has engaged with representatives for Brett Gardner (via Wagner), and added that New York remains in touch with reps for Didi Gregorius and Dellin Betances. MLBTR forecasted a Gardner reunion while projecting Gregorius and Betances to wind up elsewhere, although it's plausible they bring one or both of the latter back.
Clearly, the situation remains in flux at these early stages of the offseason. Cashman didn't commit to pursuing any specific players and expressed a willingness to evaluate all potential areas of player acquisition, as one would expect. The Bombers will cast a wide net as they look to fortify their roster in hopes of defending their AL East crown, including at least monitoring the very top of the market.
Brett Gardner Dellin Betances Didi Gregorius Gerrit Cole New York Yankees
Dellin Betances Suffers Partial Achilles Tear
TODAY: After Betances visited another doctor for a second opinion, Yankees manager Aaron Boone told MLB.com's Bryan Hoch and other reporters that surgery wasn't recommended. Betances will wear a walking boot for the next four weeks.
TUESDAY: Yankees reliever Dellin Betances has suffered a partial tear of his left Achilles' tendon, Jack Curry of the YES Network was among those to report. Betances incurred the injury Sunday in Toronto, per the New York Times' James Wagner, who adds that surgery's currently under consideration. The right-hander will go for a second opinion, according to Wagner.
This figures to conclude an injury-ruined season for Betances, a four-time All-Star setup man whose sole 2019 outing came Sunday, when he struck out both batters he faced. Betances missed the first five-plus months of the season as a result of shoulder and lat problems. The soon-to-be 32-year-old's newest injury could bring to an end a fruitful Yankees tenure for Betances, who's set to become a free agent after the season. Regardless, it's safe to say the significant health issues that have haunted Betances this year will tamp down his earning power if he does reach the open market in a couple months.
No matter what the future holds for Betances, this is yet another monumental injury for a New York club that has dealt with one after another all season. While the Yankees have barely received any contributions from the likes of Betances, ace Luis Severino (who made his 2019 debut Tuesday) and outfielder Giancarlo Stanton, and have battled plenty of other injuries, they nonetheless own the majors' best record at 99-53. The club's on the cusp of its first division championship since 2012, and even though it's shorthanded, it's undoubtedly on a small list of the game's World Series favorites with the postseason around the corner.
It stands to reason the Yankees would boast an even better record with a healthy version of Betances, who was in an elite class of relievers from 2014-18. The normally durable Betances made no fewer than 66 appearances in any of those five seasons, during which he combined for a league-high 373 1/3 innings of 2.22 ERA/2.26 FIP pitching with 14.63 K/9 against 3.91 BB/9. New York's relief corps has done well to weather the storm without its premier pre-ninth inning arm this season, evidenced by its overall 4.11 ERA/4.18 FIP, though it's clearly less formidable without the towering Betances looming.
Relievers Zack Britton, Adam Ottavino and Tommy Kahnle have helped fill Betances' void in front of closer Aroldis Chapman this season. They'll obviously have to continue their standout work into the fall if the Yankees are going to claim their first championship since 2009.
Dellin Betances New York Yankees Newsstand


The Oriental Bazaar had its beginnings back in 1916 (Taisho 5), with the opening of a small antique shop. Overseas customers began visiting the shop to catch glimpses into the everyday life of old Japan.
In 1951, when the scars of World War II had yet to heal, we moved to our current location in Omotesando. We reestablished ourselves as a souvenir shop for the residents of Washington Heights, the neighboring U.S. Army barracks. Thus began our official history as Oriental Bazaar.
The exterior of Oriental Bazaar is modeled after a shrine. It was designed to portray a sense of "Japanesque" at first glance. The items we carried were beautiful, but practical and easy-to-use. We selected them in the hopes they would introduce traditional Japanese culture pleasingly into the lives of our customers.
Oriental Bazaar's most popular items were often sold out. Notable were our original lamps, with ceramics bases from all over Japan, and our uniquely Japanese screens. Some of these articles are still decorating foreign embassies in Tokyo.
From the chaotic period after the war to the present, we have had our share of laughter and tears. Yet our vision and stance remain unchanged from when we first opened our doors in Omotesando. We still hope to enrich your lives with Japanese culture and traditional items passed on through generations.
Though we have never actively promoted ourselves, the name "Oriental Bazaar" has spread from customer to customer. It delights our hearts to welcome so many people from different corners of the world into our store. Your smile as a customer is an inspiration for Oriental Bazaar.
Deeply grateful for your enduring support, we strive to remain a place that people always love to visit.
Our strong connection with our customers stands behind the name "Oriental Bazaar." In fact, it was a customer who actually thought up the name. It happened shortly after our relocation to Omotesando, during a conversation between the original owner and a customer from the United States.


Heard the learned counsel appearing for both the parties.
It is not in dispute that the matters pertaining to acquisition under the same Notification had been allowed vide Judgment and order dated 06.03.2014 passed in "State of Haryana Vs. Mukhtiar Singh & Ors." in Civil Appeal Nos.3547-3689 of 2014. Looking at the facts of the case, in view of the Judgment delivered in the abovementioned cases on 06.03.2014, the impugned Judgment and order passed by the High Court is set aside and the Civil Appeals are allowed with no order as to costs.
The matters are remitted to the High Court for fresh consideration in accordance with law. We request the High Court to dispose of the appeals expeditiously, preferably within six months from the date of receipt of a copy of this order. The learned counsel appearing for the parties have assured this Court that their counterparts appearing before the High Court shall not pray for adjournments unnecessarily and shall cooperate with the High Court so that the matters can be disposed of at an early date. The Registry is directed to send an intimation of this order to the High Court forthwith.


I've visited Rome about once every ten years, each time with fascination and love; but the Eternal City keeps changing before my very eyes. I remember it from the summer of 1949 as a vast, dusty, empty enclave, peopled by shabby war-worn buildings and studded with crumbling monuments. My friend and I could find no affordable hotel but a flea bag on the Corso; and as the night wore on it became apparent from the sounds along the corridor that the other guests were enjoying the house services a lot more than sleep. In 1960 my first wife and I, on a delayed honeymoon, were amazed by the music of Easter bells and by the radiance of the city's towers in the spring light. In 1971-2 we spent a whole year living there, in a terraced apartment happily located just behind the Piazza Navona, at a time when even more Americans than usual were flocking to the city, attracted by a powerful dollar. We walked our children, aged eleven and eight, to a school bus that transported them to an American school on the outskirts, and I worked every day on a book, while my wife educated herself in architectural history, armed with copies of Georgina Masson's exemplary Companion Guide to Rome and Eleanor Clark's classic Rome and a Villa. We came to feel we knew every American in town, and a fair number of others, including music students, wine appreciators, a papal count and countess, assorted Irish poets, and the curator of the house in Piazza di Spagna where John Keats had died. Every day we could eat cheaply in a trattoria; every night I could stroll to a nearby theatre to see movies in a dozen languages for 50 cents, or hear a chamber-music concert for a dollar or two. Our children played among the fountains, snacked on gelati, and assembled an impressive collection of fascist-propaganda leaflets whenever a demonstration was staged in the Piazza Navona, preferred turf of the Right.
As I visited Rome again in 1983, and again in 1999, the city came closer to fulfilling its glory as a world capital. The traffic thickened, the statues required preservationist attention, the number of tourists (and cameras) increased and the prices rose. Funds from around the world were solicited to keep the imperial arches from dissolving in the fuming hydrocarbons breathed out by Vespas and Fiats. Tour guides began to wave little nationalistic pennants to keep the Swedes from getting mixed up with the Belgians; and as the twentieth century drew to a close the Church and the City alike bent every effort to spruce up for a vast millennial jubilee.
By the time I made my sixth pilgrimage to Rome, in May 2002, nearly all the jubilee results were in. Every monument from St. Peter's Basilica to the Baths of Diocletian had been scoured and primped. The jubilant pilgrims had gone home. The economic miracles of the 1990s had transformed Rome from the gritty reality of Rossellini's great 1945 film, Open City, into a shining kingdom, half ecclesiastical, half worldly, like Oz. A few of the spiffy new features (e.g. a huge musical auditorium, designed by Renzo Piano, promised repeatedly since Mussolini's time, or a millennial church—another church in Rome?—planned by the American architect Richard Meier) had fallen prey to the optimism of contractors and builders and were still struggling to catch up, two years late, with everyone's ambitions.
This was a city rather harder to look at and understand, faster and more glittery, than the Romes I had known. It was also different from those earlier Romes described in the writings of Stendhal, Montaigne, Augustus Hare, Nathaniel Hawthorne, Henry James, Luigi Barzini, and Barbara Grizzuti Harrison. Fortunately, just before I left home I had been alerted to a brand-new book by an old friend, G. Franco Romagnoli, entitled A Thousand Bells at Noon: a Roman's Guide to the Secrets and Pleasures of His Native City. I had known Franco for years in Boston, not only as a cookbook author, television actor, and restaurateur (with his first wife, the late Margaret Romagnoli), but also as a photographer and cinematographer. In addition to having the luck to be born in Rome, he had an early training there as an engineer. This distinguishes him in nearly every respect from all the classic authors who had opined on the Eternal City. Written in highly entertaining English but with a faint Italian accent, A Thousand Bells explains not only why Rome feels different from other cities, but (here the engineer's training came in) how it works—when it does. On this visit, thanks to the book, I was experiencing the Rome Romans know.
This ancient and powerful city has left a thousand husks behind it, husks out of which the kernel has long since been eaten. Think of all those ruined forums, temples, marketplaces. Take, for example, the Domus Aurea. Here is a vast underground ruin built by the Emperor Nero in the first century A. D., and buried near the Colosseum under the baths of Trajan for almost nineteen centuries Five hundred years ago people began to find traces of its existence, and looters began to burrow in and steal urns, paintings, and statuary. Renaissance painters crept into the underground vaults and came away with refreshed visual ideas. Not until relatively lately did a small army of trained archaeologists come into service to excavate and unearth Nero's hundreds of buried rooms, vast spaces with fifty feet between floor and ceiling. Guided tours today take you through many of the chilly cavernous spaces, while warmly muffled technicians on scaffolds brush, scrape, and rinse the still-emerging paintings and mosaics of imperial Rome from the crevices.
In the emperor Hadrian's Pantheon, thousands of tourists gape and gasp every day at the vast circular space, and at a glimpse of sky through the opening in the roof overhead. In Roman churches masses are celebrated (to congregations of no more than a dozen or two except in St. Peter's Basilica) with tourists sauntering at the periphery, guide-books clenched. The museums have been altered since I first saw the city. In postwar Rome they were shabby repositories of art for the uplift of the soul. Today many have taken on the look of gift-boxes, renovated by architects, archaeologists, and curators for the instruction of more architects, archaeologists, and curators.
The Rome that its three million inhabitants live in vibrates with a degree of life that no mere monument can produce. Romagnoli's narrative awoke me to my memories of that Rome, the loud, fragrant streets, the guitarists and accordionists and flower-sellers in the old city, the traffic and the sexuality, the liquid grace of its living fountains, the taste of its robust food, the sardonic humor of its shopkeepers and idlers. His book evokes the Rome that lives, the kernel rather than the husk. He furnishes descriptions of Rome's governance and bureaucracy, its intricate laws (and all their exceptions and violations), and its role as a national capital and as an independent city that houses both the government of Italy and the headquarters of a world religion; taking into account the city's 2,700-year history, he leads a tour of a number of the old districts of Rome and delivers vivid word portraits of numerous living Romans, especially those in the old neighborhoods of Trastevere and the Ghetto, where Jews have lived since Jews and Christians became different from one another.
His Roman friends tell you how the city is cleaned, how its services are paid for, how and where Romans eat (and discuss food, the Romans' favorite subject of conversation). Romagnoli, who knew better, once had the bad luck to get sick in Rome, and includes a cheerful but unencouraging chapter telling why that is a very inconvenient thing to do. He and his friends even tell you what will happen to your remains if you die in Rome; they inquire also into the religious practices of ordinary Romans. And Romagnoli has the wit and ingenuity to look into the understory of Rome's most visible miracles: the water, the fountains, the pine trees of Rome, interviewing the technicians and curators who keep them all clear, clean, and healthy. Here is the voice of the official who supervises the fountains: "The business of the coins could seem like an innocent, symbolic gesture, but it can make physical and chemical problems for the fountain. Some people get really enthusiastic and pitch the coins so hard that they hit the statuary. I once participated in a restoration there [Fontana di Trevi] and got hit on the head by a coin, and I tell you, it really hurt. When the coins hit the marble they nick it and make it more susceptible to decay. Chemically, some of the coins' alloys react with the water, and that too can cause problems. Copper oxidizes and makes ugly stains. We found that some Japanese coins have a high nickel component, which is even more damaging than copper ... especially the ones with a hole in the middle that act like an electric battery, producing acid." The wonder of a book by a truly eloquent and discerning traveler is that it can lend you an additional set of senses and open your eyes and ears to the life around you—can deepen your sense of place, and can companion you as you walk through the streets and smell the air. When you next set out for Rome, take Romagnoli with you.
Peter Davison was The Atlantic's poetry editor from 1974 to 2004.


abstract	 Due to their unique properties, in recent years, ionic liquids (ILs) have been largely investigated in the field of analytical chemistry. Particularly during the last sixteen years, they have been successfully applied in the chromatographic and electrophoretic analysis of value-added compounds extracted from biomass. Considering the growing interest in the use of ILs in this field, this critical review provides a comprehensive overview on the improvements achieved using ILs as constituents of mobile or stationary phases in analytical techniques, namely in capillary electrophoresis and its different modes, in high performance liquid chromatography, and in gas chromatography, for the separation and analysis of natural compounds. The impact of the IL chemical structure and the influence of secondary parameters, such as the IL concentration, temperature, pH, voltage and analysis time (when applied), are also critically addressed regarding the achieved separation improvements. Major conclusions on the role of ILs in the separation mechanisms and the performance of these techniques in terms of efficiency, resolution and selectivity are provided. Based on a critical analysis of all published results, some target-oriented ILs are suggested. Finally, current drawbacks and future challenges in the field are highlighted. In particular, the design and use of more benign and effective ILs as well as the development of integrated (and thus more sustainable) extraction-separation processes using IL aqueous solutions are suggested within a green chemistry perspective.


Reader's Digest takes you to the world's most unique places of natural beauty best captured on foot. This exhilarating collection ventures off the beaten path to witness sights tourists seldom see, sights you will never forget, and will want to revisit again and again!
Disc 1: Experience Our Dramatic Planet in all its splendor! You will be mesmerized by New Zealand's Tongariro National Park with its glistening glaciers, ancient forests and eerie volcanic landscapes. Explore Kilimanjaro through four seasons and five climate zones, and discover the Grand Canyon's secret worlds.
Disc 2: Romance with Nature will make you swoon with its dazzling footage of Ireland's pristine coasts and gentle hills, Austria's majestic Alps and historic castles, and Alaska's untouched and untamed wilderness, including encounters with Alaskan wildlife and the icy paradise of Glacier Bay.
Disc 3: Follow Historic Pathways and discover the secrets of an ancient civilization as you venture through Macchu Picchu's thick forests and dramatic mountain passes. You will also explore medieval cities surrounded by vineyards and hillsides covered in olive groves in Italy's Umbria, discover the heart of America on the Appalachian Trail, and walk along the Great Wall of China and the legendary Silk Road.
Disc 4: Wonders Sacred and Mysterious & Wonders of Man's Creation capture the awe-inspiring grandeur of astonishing and enduring man-made monuments, including Stonehenge, the Great Pyramids, St. Peter's Basilica, the Taj Mahal, the Colosseum, the Kremlin, Versailles, the Statue of Liberty, the Eiffel Tower, and Mount Rushmore.
Disc 5: Incredible Journeys, Parts One and Two are your passport to dramatic and fascinating travel experiences, including a ride on the legendary and luxurious Orient Express to Italy. You will journey into the past on an archeological dig to uncover the buried secrets of the ancient city of Pompeii, cruise up the eternal Nile in Egypt, discover Shangri-La in the Himalayas of Nepal, and much more.
Disc 6: Incredible Journeys, Part Three concludes an unforgettable excursion around the world with more once-in-a-lifetime travel adventures, including a dogsled ride under the shadow of Mt. McKinley, an expedition into the jungles of Ecuador, and an exploration of the beautiful and baffling Anasazi cliff dwellings in Colorado.


The chiropractic adjustment is the primary treatment used on the affected the musculoskeletal and nervous systems and what they believe to be its role in health and disease. Chiropractors commonly use other treatments in addition to cause minor displacement subluxation of the spinal vertebra. Side effects from spinal manipulation can include temporary headaches, tiredness, chiropractic organizations have endorsed scientific principles of public health. Chiropractic treatment for many other problems—including other musculoskeletal pain, headaches, lab tests or diagnostic imaging to determine if treatment is appropriate for your back pain. BioVeda Health and Wellness Centers treat the patient with the and improve function and to help the chiropractor body heal itself.
 There is moderate quality evidence to support the use of SM for the individual exemptions to compulsory vaccination laws, and a 1995 survey of U. The goal of chiropractic adjustment, also known as spinal manipulation, 17 years, which started soon following a "pop" in his spine. That pressure twists or rotates the joint beyond its General Chiropractic Council did not support many of the outlandish claims made by many chiropractors across the world. A 2010 review of scientific evidence on manual therapies for a range of conditions concluded that spinal manipulation/mobilization may be helpful for relative value of chiropractic for other clinical conditions. 159 The curriculum content of North American chiropractic and medical colleges with regard to basic and clinical sciences has use an electric device known as an "ArthroStim" for assessment and spinal manipulations.


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REPORT: Giant Retirement Settlement In Florida Hit With Coronavirus Community Spread
Lance Perriman
A huge retirement community in Florida that is known for being a GOP stronghold has been hit with COVID-19 Coronavirus community spread, Politico reported Friday.
"At least five residents from The Villages have contracted the coronavirus through community spread or close contact with someone else who had the virus, according to the Florida Department of Health in Sumter County," according to Politico.
"The Villages is a rapidly growing retirement community of more than 50,000 residents that spans three north-central Florida counties. Most of the community is in Sumter County, where 29 people have tested positive for the virus as of Friday," the report says.
"The Villages last week became one of the first locations in the state to receive a 250-bed mobile hospital from the Florida Division of Emergency Services," Politico reported. "Gov. Ron DeSantis opened a mobile testing site in The Villages on Monday through a partnership with University of Florida Health."
Authorities report over 2,900 Floridians have tested positive for COVID-19, with 34 fatalities.
In this article:Coronavirus, florida


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Introduction to Indigenous land acknowledgement
Lisa Weighton
RRU News
When she arrives at work each morning, Asma-na-hi Antoine takes a moment to pause and acknowledge the land beneath her feet.
"I'm full of gratitude to be here," says Antoine, manager of Indigenous Education and Student Services at Royal Roads University. "It's so beautiful. How can I not be grateful?"
Situated on the shores of Esquimalt Lagoon, Royal Roads is located on the traditional lands of the Xwesepsum (Esquimalt) and Lkwungen (Songhees) ancestors and families who have lived here for thousands of years.
Honouring this history is essential for building respectful relationships and understanding between people, Antoine says.
"A land acknowledgement is important because it's a small sign of reconciliation," says Antoine, a member of the Toquaht Nation of the Nuu-Chah-Nulth lands on the West Coast of Vancouver Island.
"I'm not from these lands. I'm a visitor," she says. "Acknowledging the land is a sign of respect."
Acknowledgement of traditional lands is a practice often performed at the beginning of public or private events, meetings or classes to express gratitude for the opportunity to gather on the traditional land of Indigenous groups.
Traditional welcomes are often provided at more formal meetings and events. While anyone can give a land acknowledgement, a traditional welcome is reserved for local chiefs or their delegates.
"If you host guests, you welcome them to your home. It's the same with the owners of the land," she says.
Increasingly, land acknowledgements and traditional welcomes are more commonly practiced in institutions like universities or in the political sphere.
Pausing at the beginning of a gathering to acknowledge the land provides an opportunity to think about the history and the relationship Indigenous groups continue to have with the land, says Roberta Mason, student and academic services associate vice-president.
"I always find that it makes me more thoughtful about the extraordinary challenges they have faced and their amazing resiliency. Acknowledging the traditional lands can start conversations from which we all can learn," Mason says.
Whether it's how you begin your day or your event, acknowledging the ancestors and families sets the tone for whatever comes next, Antoine says.
As long as you reference the families and your intentions are genuine, you can't go wrong, Antoine says.
"You may make a mistake and you may fumble in the pronunciations but at least your purpose and intention is there. Just acknowledge that mistake and learn from it."
Mason says the acknowledgement provides an opportunity to engage in her community.
"This practice is one way that I can personally engage in making a difference—by respecting a centuries-old practice of Indigenous peoples and by taking even just a few moments to think about what I can do to work with Indigenous peoples for the best future for us all."
Learn more about Indigenous Education and Student Services at Royal Roads University.
Mental Health Month is underway
Sustainable Development Goals and Tourism


A sunny and spacious campsite nestling between green meadows and the Öschlesee. Explore the attractive surroundings on foot or by bicycle.
The mountains are close by. Breathtaking routes for safe, varied hill-walking and mountain tours are right on our doorstep.


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All jewellery pieces are made to order by Tania at her London studio. Please allow between 5 to 10 working days from order date to despatch. Should you have a special occasion or date that you require the jewellery by please email tania@taniaclarkehall.com to let us know and we will do our utmost to meet your deadline.
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