Mayor Bloomberg’s attorneys argue in their brief, and the Second Amendment may wind up excluded, being traded for a similar gag order on references to the National Rifle Association, the New York Sun reports.

Lawyers for Mayor Bloomberg are asking a judge to ban any reference to the Second Amendment during the upcoming trial of a gun shop owner who was sued by the city. While trials are often tightly choreographed, with lawyers routinely instructed to not tell certain facts to a jury, a gag order on a section of the Constitution would be an oddity.

“Apparently Mayor Bloomberg has a problem with both the First and the Second amendments,” Lawrence Keane, the general counsel of a firearms industry association, the National Shooting Sports Foundation, said.

The trial, set to begin May 27, involves a Georgia gun shop, Adventure Outdoors, which the city alleges is responsible for a disproportionate number of the firearms recovered from criminals in New York City. The gun store’s owner, Jay Wallace, says his store abides by Georgia and federal regulations and takes steps to avoid selling firearms to gun traffickers. Mr. Wallace’s store is one of 27 out-of-state gun shops sued by New York City, and the first to go to trial.

City lawyers, in a motion filed Tuesday, asked the judge, Jack Weinstein of U.S. District Court in Brooklyn, to preclude the store’s lawyers from arguing that the suit infringed on any Second Amendment rights belonging to the gun store or its customers. In the motion, the lawyer for the city, Eric Proshansky, is also seeking a ban on “any references” to the amendment.

“Any references by counsel to the Second Amendment or analogous state constitutional provisions are likewise irrelevant,” the brief states. …

Of the city’s recent motion to preclude mention of the Second Amendment, a lawyer for Adventure Outdoors, John Renzulli, said, “If you can’t discuss the Bill of Rights in a court of law, where should we discuss these issues? Should we reserve it for the tavern?”

Mr. Renzulli said the city’s lawsuit did implicate the Second Amendment: “The politics involved here is whether the city has the power to go into another state and control the lawful sale of firearms.”

Still, Mr. Renzulli said he did not plan to oppose the city’s request regarding references to the Second Amendment. Mr. Renzulli, who has defended suits against the gun industry in Judge Weinstein’s courtroom before, said that in the past the defense has struck a deal with the plaintiffs on the matter: Lawyers for the gun industry won’t mention the Bill of Rights to the jury, if the plaintiffs don’t mention the National Rifle Association.

“We usually say we’re not talking about the Second Amendment and you’re not talking about the NRA as a huge lobbying group that controls the legislature,” Mr. Renzulli said.

He said he expected a similar agreement to be struck in the Adventure Outdoors case.

The Sun article fails to note that care had to have been taken to assure that this suit will be coming up before Judge Jack B. Weinstein, an activist leftist appointed to the bench by Lyndon Johnson, who routinely makes headlines with rulings favoring this sort of politically-motivated litigation.

Adventure Outdoors needs a better attorney. How can anyone be properly represented in a lawsuit involving firearms who thinks there is some kind of stigma attached to the National Rifle Association?

Hat tip to Walter Olson.

NY Observer:

Eliot Spitzer’s photograph was removed from the wall in the room where reporters file their stories in the Capitol building in Albany.

It was placed on the floor, facing the wall in the corner.

————————–

H/t to John Brewer.

Daniel Gross reports rejoicing on Wall Street at the downfall of a power-mad hypocrite and demagogue.

The stock market may be battered, the dollar may be plunging, and the economy may be tanking, but there’s a bull market in schadenfreude on Wall Street this afternoon. Even as the Dow was on its way to notching another triple-digit loss, whoops of joy erupted from the dispirited trading floors today on news of New York Gov. Eliot Spitzer’s disgrace. Spitzer, who rose to prominence as a scourge of Wall Street, uprooting corrupt practices, coming down hard on bad actors, and establishing a new moral order, was laid low by reports that he had been involved in a prostitution ring.

Details are still emerging, and it’s uncertain how this will all shake out, but one thing is immediately clear: Spitzer has been hoisted by his own petard, brought down by the same kind of investigation he pioneered as a prosecutor.

The Wall Street Journal editorializes today:

One might call it Shakespearian if there were a shred of nobleness in the story of Eliot Spitzer’s fall. There is none. Governor Spitzer, who made his career by specializing in not just the prosecution, but the ruin, of other men, is himself almost certainly ruined. …

In our system, citizens agree to invest one of their own with the power of public prosecution. We call this a public trust. The ability to bring the full weight of state power against private individuals or entities has been recognized since the Magna Carta as a power with limits. At nearly every turn, Eliot Spitzer has refused to admit that he was subject to those limits. …

Mr. Spitzer’s recklessness with the state’s highest elected office, though, is of a piece with his consistent excesses as Attorney General from 1999 to 2006.

He routinely used the extraordinary threat of indicting entire firms, a financial death sentence, to force the dismissal of executives, such as AIG’s Maurice “Hank” Greenberg. He routinely leaked to the press emails obtained with subpoena power to build public animosity against companies and executives. In the case of Mr. Greenberg, he went on national television to accuse the AIG founder of “illegal” behavior. Within the confines of the law itself, though, he never indicted Mr. Greenberg. Nor did he apologize.

In perhaps the incident most suggestive of Mr. Spitzer’s lack of self-restraint, the then-Attorney General personally threatened John Whitehead after the former Goldman Sachs chief published an article on this page defending Mr. Greenberg. “I will be coming after you,” Mr. Spitzer said, according to Mr. Whitehead’s account. “You will pay the price. This is only the beginning, and you will pay dearly for what you have done.”

The New York Post supplies the juiciest details of the scandal:

Wall Street traders cheered the public fall of a man who had taken special delight in bringing down financial titans.

Wiretaps revealed Spitzer haggling over the price of a hookup that took place at the Mayflower Hotel in Washington, DC, on the eve of Valentine’s Day.

The hooker, identified in the complaint as a pretty, petite brunette named Kristen, said she didn’t find “Client-9” very “difficult” – the word a madam had used to describe him.

Spitzer is listed as “Client 9” in the Indictment. .

Excerpt:

LEWIS asked “Kristen” how she thought the appointment went, and “Kristen” said that she thought it went very well. LEWIS asked “Kristen” how much she collected, and ‘Kristen” said $4,300. “Kristen” said that she liked him, and that she did not think he was difficult. “Kristen” stated: ‘I don’t think he’s difficult. I mean it’s just kind of like . . .whatever. . . I’m here for a purpose. I know what my purpose is. I am not a . . . moron, you know what I mean. So maybe that’s why girls maybe think they’re difficult . . . . ” “Kristen” continued: “That’s what it is, because you’re here for a [purpose]. Let’s not get it twisted – I know what I do, you know.” LEWIS responded: “You look at it very uniquely, because . . . no one ever says it that way.” LEWIS continued that from what she had been told “he” (believed to be a reference to Client-9) “would ask you to do things that, like, you might not think were safe – you know – I mean that . . . very basic things. . . . “Kristen” responded: “I have a way of dealing with that .. . I’d be like listen dude, you really want the sex? . . . You know what I mean.”

the liberal’s view of the universe

Frank Rich, spokesman for New York’s intellectually and politically homogeneous Upper West Side, points to diversity of epidural pigmentation in crowds of urban democrats as proof of the intrinsic superiority of Barack Obama and his supporters.

Senator Obama’s televised victory oration celebrating his Chesapeake primary trifecta on Tuesday night was a mechanical rehash. No matter. When the networks cut from the 17,000-plus Obama fans cheering at a Wisconsin arena to John McCain’s victory tableau before a few hundred spectators in the Old Town district of Alexandria, Va., it was a rerun of what happened to Hillary Clinton the night she lost Iowa. Senator McCain, backed by a collection of sallow-faced old Beltway pols, played the past to Mr. Obama’s here and now. Mr. McCain looked like a loser even though he, unlike Senator Clinton, had actually won.

But he has it even worse than Mrs. Clinton. What distinguished his posse from Mr. Obama’s throng was not just its age but its demographic monotony: all white and nearly all male. Such has been the inescapable Republican brand throughout this campaign, ever since David Letterman memorably pegged its lineup of presidential contenders last spring as “guys waiting to tee off at a restricted country club.”

For Mr. McCain, this albatross may be harder to shake than George W. Bush and Iraq, particularly in a faceoff with Mr. Obama. When Mr. McCain jokingly invoked the Obama slogan “I am fired up and ready to go” in his speech Tuesday night, it was as cringe-inducing as the white covers of R & B songs in the 1950s — or Mitt Romney’s stab at communing with his inner hip-hop on Martin Luther King’s birthday. Trapped in an archaic black-and-white newsreel, the G.O.P. looks more like a nostalgic relic than a national political party in contemporary America. A cultural sea change has passed it by.

One reads this sort of thing all the time in leftwing papers expressing the views of the narcissist urban elite. It is the large city, featuring struggling immigrants, lower-class minorities, left wing intellectuals, the Gay community, Bohemian young people (and lots of chic, trendy restaurants) which is the real America… the future! This, of course, is not America. It’s New York City.

Obama can win every single large city, and no one expects a democrat candidate to do anything else, and there is still all that terribly unfashionable, filled with middle-aged white guys, ordinary America, who could care less what the latest thing is, still amply large enough to vote him down. That should be a frustrating thought for Mr. Rich.

Thomas J. Lueck, one of the New York Times’ professional chin-strokers, contemplates a recent case of self defense against New York City crime, draws comparisons to history (Bernhard Goetz shooting four subway muggers in 1984), consults “expert” authorities, and concludes the incident must have been a meaningless aberration.

Law enforcement experts looking for parallels between Mr. Parks’s confrontation and that of Mr. Goetz 23 years earlier said there were few to be found.

Malcolm Gladwell, a staff writer for The New Yorker, included an analysis of the Goetz case in his 2000 book, “The Tipping Point: How Little Things Can Make a Big Difference.” …

“These two events are just not comparable,” Mr. Gladwell said. “The Goetz incident was when we hit rock bottom.”

“There was a spontaneous outpouring, with people calling him a hero,” he said. “We are so far from that now.”

There’s the classic liberal perspective. The shooting of four criminals in the process of attacking and robbing him by a New Yorker was widely publicly applauded. Consequently, Bernhard Goetz’s self defense rose from the level of an incident to a historical event. The Goetz shooting was an intolerable assertion of individualism, one potentially capable of effectively politically challenging the principle of the state’s monopoly of force. Thus, from the statist perspective of the left, it was the Goetz self defense incident, not the crime level, which constituted the nadir of history for New York City.

The routine, daily use of force by criminals against innocent people was not the same level of problem at all.

The urban environment is sufficiently hostile to arboreal life forms that New York City has decided to use specimens cloned from proven survivors for a major replanting project.

AP reports.

Squat, homely, dwarfed by stately oaks and poplars, and unnoticed by the tourists passing in horse-drawn carriages, it’s a tree that only birds and nut-hungry squirrels could love.

But the 100-year-old European beech on Central Park’s Cherry Hill was the center of attention Thursday, chosen by city officials as the first of 25 “historical” trees to be cloned as part of a plan to add a million new trees to public spaces over the next decade.

Agriculture students from a Queens high school rode hydraulic-powered tree-trimmers’ buckets to upper branches of the 60-foot tree and snipped off 6- to 12-inch sections of new growth, which will be sent to a scientific tree nursery in eastern Oregon. If all goes well, the genetic-match saplings will return in two years to be replanted as part of the “Million Trees NYC” project announced last year.

“We want to break the stereotype of New York as skyscrapers and sidewalks,” Parks Commissioner Adrian Benape said. “New York abounds in historical trees.”

The target trees, five in each of New York’s five boroughs, include nine different species. All were selected by borough foresters as historical for having existed for at least a century — either as fixtures of the urban landscape or as having special significance to local communities.

Among them is what may be the city’s oldest tree, the St. Nicholas elm in upper Manhattan, which George Washington is said to have walked under 230 years ago during the American Revolution.

Partners in the cloning effort include the Central Park Conservancy, a private group that manages the 840-acre park; Bartlett Tree Experts, a Connecticut-based company that has tree care contracts in New York, 25 other states, Canada, England and Ireland; the nonprofit Tree Fund and the Coleman Co., a camping equipment maker whose coolers will be used to ship the cuttings to Oregon.

David McMaster, a Bartlett vice president, said the cloning would target several “Olmsted trees,” dating from the creation of Central Park by famed architect Frederick Law Olmsted in the late 1850s.

“Our intention here is to go after significant trees that we know Olmsted planted over 150 years ago,” he said.

Benape said being less than beautiful had no bearing on the European beech tree’s potential contribution to a greener Gotham.

“Like the other trees to be cloned, it has withstood the test of time and the indignities of urban life,” he said. “These trees as a result tend to be hardier species, inherently disease resistant. They are a great reaffirmation of the importance of nature in New York City — trees so good that people are looking to clone them.”

McMaster said the cloning is a two-stage process in which cuttings are grafted to roots of the same species at the Schichtel Nursery in Oregon, and the new growth is later peeled away to create a sapling with the DNA of the original tree.

The result is a genetically identical tree, although not one identical in shape to the original. Some trees — ash, oak and elm — that are particularly susceptible to disease must be certified as healthy to be cloned, he said.

Each of the cuttings will produce 10 genetic copies of the original tree, allowed to grow to 2 to 3 feet before being sent back to New York for replanting.

Good for Ramadan, too!

Breitbart story

AgenceFrance story.

Charles Johnson notes the irony of such observance “In the city that suffered the worst Islamic terrorist attack in history.”

JCM comments: “How about lighting the windows in a bullseye pattern?”

Lewis Mumford on The Plight of the Prosperous in the New Yorker, March 4, 1950.

I sometimes wonder what self-hypnosis has led the well-to-do citizens of New York, for the last seventy-five years, to accept the quarters that are offered them with the idea that they are doing well by themselves. Apparently those of them who have chosen to remain in New York instead of migrating to the suburbs have forgotten what a proper domestic environment is. Lest someone think that my notions are fancy ones, let me put down what seem to me the minimum requirements for anyone’s living quarters. Whether the structure is a single-family house or a thirty-story building, the first necessity is that every room have light and air. Rooms that are in fairly steady daytime use should be oriented to get the maximum amount of winter sunlight. In this latitude, that means that the major exposure should be a southern one, a fact that Socrates discovered twenty-four hundred years ago. To insure enough light and air, the distance between buildings should increase with their height. Our municipal setback regulations make a hypocritical acknowledgment of this principle, but since they were framed to keep land values high rather than buildings low or widely spaced, they have never come within shooting distance of achieving an ideal. The space between buildings should be dedicated to gardens and lawns, partly for beauty, partly to compensate for our tropical summer heat, partly to purify and sweeten the air. Bedrooms should have cross ventilation, or at least through ventilation, and should never face a street. …

The common row houses, such as those built in the Washington Square district before 1860, met most of these requirements, but the standards have been gradually whittled away…

The often-unreliable unofficial Mossad outlet Depkafile has reported:

The threat was picked up by DEBKAfile’s monitors from a rush of electronic chatter on al Qaeda sites Thursday, Aug. 8.

The al Qaeda communications accuse the Americans of the grave error of failing to take seriously the videotape released by the American al Qaeda spokesman Adam Gaddahn last week. “They will soon realize their mistake when American cities are hit by quality operations,” said one message.

Another said the attacks would be carried out “by means of trucks loaded with radio-active material against America’s biggest city and financial nerve center.”

A third message mentioned New York, Los Angeles and Miami as targets. It drew the answer: “The attack, with Allah’s help, will cause an economic meltdown, many dead, and a financial crisis on a scale that compels the United States to pull its military forces out of many parts of the world, including Iraq, for lack of any other way of cutting down costs.”

There is also a message which speaks obliquely of the approaching attacks easing the heavy pressure America exerts on countries like Japan, Cuba and Venezuela.

DEBKAfile’s counter-terror sources and monitors say there is no way of gauging for sure how serious these threats are, how real, or whether they are part of a war of nerves to give the Gaddahn tape extra mileage. But it is important to note that the exchange of messages took place over al Qaeda’s internal Internet sites and that they contained the threat of radioactive terror and specific American cities for the first time after a long silence on these subjects.

In addition, a growing number of clips has been disseminated of late over al Qaeda sites instructing the faithful how to design remote-controlled gliders, pack them with explosives and launch them against predetermined targets.

Adam Gaddahn videotape summarized.

Reuters reports that New York City is responding to the Depkafile report.

New York police stepped up security throughout Manhattan and at bridges and tunnels on Friday in response to an Internet report — which authorities said they could not verify — that al Qaeda might be plotting to detonate a dirty bomb in the city.

New York City police said in a statement the threat against the city was an “unverified radiological threat,” stressed the increased security was precautionary and said the city’s alert status for an attack was unchanged at “orange.”

New York Mayor Michael Bloomberg stressed there was no reason to believe this threat was any different from countless others since the September 11 attacks.

One law enforcement source told Reuters that authorities were responding to Internet chatter reported on Israeli Web site www.debka.com, but that the information reported there could not be verified.

AP:

A 23-year-old man was arrested Friday on hate-crime charges after he threw a Quran in a toilet at Pace University on two separate occasions, police said.

Stanislav Shmulevich of Brooklyn was arrested on charges of criminal mischief and aggravated harassment, both hate crimes, police said. It was unclear if he was a student at the school. A message left at the Shmulevich home was not immediately returned.

The Islamic holy book was found in a toilet at Pace’s lower Manhattan campus by a teacher on Oct. 13. A student discovered another book in a toilet on Nov. 21, police said.

Muslim activists had called on Pace University to crack down on hate crimes after the incidents. As a result, the university said it would offer sensitivity training to its students.

Can anyone imagine a similar arrest for doing the same thing to the bible or a crucifix? As Tom Maguire recalls, when Andres Serrano submerged a crucifix in a bottle of urine, the result was an art competition award and a succès de scandale.

Washington Times:

New York City Mayor Michael Bloomberg is prepared to spend an unprecedented $1 billion of his own $5.8 billion personal fortune for a third-party presidential campaign, Ralph Z. Hallow will report Tuesday in The Washington Times.

“He has set aside $1 billion to go for it,” a long-time business adviser to Mr. Bloomberg tells The Times. “The thinking about where it will come from and do we have it is over, and the answer is yes, we can do it.”

The $1 billion would represent about one-fifth of Mr. Bloomberg’s personal fortune.

Last Sunday, RINO Chuck Hagel was speculating on Face the Nation about sharing a ticket with Bloomberg. link

Hagel is better-known nationally, so I naturally assumed that Bloomberg was considering the VP slot on that Third Party ticket, but if Bloomberg will be ponying up a billion dollars, his plans must be the other way around.

There is clearly something about the media-saturated atmosphere of Manhattan which induces excessive vanity. Not one, but two, NYC mayors think that their local office atop a governmental dunghill of corruption, bureaucracy, and political featherbedding is likely to be regarded nationally as an appropriate stepping-stone to the presidency of the United States. They are both sadly mistaken.

But if Michael Bloomberg is sufficiently self-infatuated and frivolous enough to waste that kind of money to get into the history books somewhere south of Alf Landon, more power to him. He will really wind up playing the role of Ralph Nader in recent elections, sucking away a small percentage of the votes of airheads who would otherwise be voting for the democrat.

I do think that he ought to ask Donald Trump to be his running-mate though, instead of Chuck Hagel.