[Vision2020] An Obama Dilemma

[Andreas Schou]

On Tue, Oct 7, 2008 at 7:34 AM, No Weatherman <no.weatherman at gmail.com> wrote:
> ACS,
>
> You're the one who cannot (or will not) distinguish between domestic
> terrorism and vandalism:

This is ironic, coming from someone who cannot (or will not)
distinguish between treason and patriotism.

> http://mailman.fsr.com/pipermail/vision2020/2008-September/056263.html

"Terrorist" describes their goals: they were attempting to change
policies through use of public fear. "Vandalism" describes their
methods: they did property damage, and didn't kill anyone other than
-- incompetently -- themselves. Ex post facto, they claimed that they
were going to step up and start killing people, but they didn't
actually do that; that may be conspiracy commit murder. Incidentally,
that's also what G. Gordon Liddy did with regard to Jack Anderson.

Incidentally, I don't see that you've made any further defense of your
assertion that Liddy was a great patriot.

> Therefore, it's slightly ironic that you would try to impeach law
> professor Steve Diamond based upon your understanding of grantee
> agencies.

As a former nonprofit executive, I'm quite aware of what the fiduciary
duties of such an executive are. They do not involve the selection of
a nonprofit board: the board must be selected independently of the
executive. Incidentally, the CAC did this the opposite way most
nonprofits do it: usually, the president forms a board, then hires an
executive. I suspect it was done this way because Ayers, as a
potential grantee, *could not* be president of the board.

> Interestingly, I noticed that you ignored this salient point from Diamond:
>
> "In social science and law, written contemporaneous records are
> considered a more credible source than ex post recollections by only a
> small number of the individuals involved. I thought the same standards
> applied in journalism as well."

Incidentally, Diamond's "evidence" takes this form:  "Bill Ayers had
an executive role at CAC; that executive role conferred a fiduciary
duty on him; that fiduciary duty must have given him a primary role in
selecting the board of directors; Ayers must have selected Obama,
QED."

This is convincing to anyone without a whit of knowledge regarding
nonprofit boards. The board of directors cannot be selected by someone
with a financial stake in the nonprofit; doing so creates an inherent
conflict of interest. The operative section of the tax code is here:

"A section 501(c)(3) organization must not be organized or operated
for the benefit of private interests, such as the creator or the
creator's family, shareholders of the organization, other designated
individuals, or persons controlled directly or indirectly by such
private interests. No part of the net earnings of a section 501(c)(3)
organization may inure to the benefit of any private shareholder or
individual. A private shareholder or individual is a person having a
personal and private interest in the activities of the organization."

-- ACS