05 January 2009

Update no.368

Update from the Heartland
No.368
29.12.08 – 4.1.09
Blog version: http://heartlandupdate.blogspot.com/
To all,
The follow-up news items:
-- We have the first casualty from the Obama administration nominees before the formal confirmation process has begun. Commerce Secretary-nominee, Governor Bill Richardson of New Mexico [364] has withdrawn his name from consideration as a consequence of a federal grand jury investigation into possible corruption charges, involving a California company, large contributions, and lucrative New Mexico state contracts. President-elect Obama has accepted Richardson’s resignation.

A wide range of Press sources reported the Bomb Damage Assessment (BDA) from an Israeli Air Force (IAF) air strike against Hamas in Gaza. Nizar Rayyan, a senior leader of Hamas’ violent arm, along with his four wives and nine of his children, four of them under the age of 18, were killed when a 2,000 lbs. precision bomb struck their house in Gaza. I note the IAF success not for the death of a senior Hamas militant, but rather for what the event represents. So many of these Islamo-fascist terrorists embed themselves within innocent civilian populations ostensibly for protection from collateral damage by risk-averse, Western powers. Events like the Rayyan strike are tragic in so many ways, not least of which are the deaths of children who may not have understood or appreciated what their father was doing or the risk to which he was exposing them. A number of Hamas leaders have died along with multiple wives and children. On a different plane, polygamy and the usual multitudinous children in an over-crowded, urban space that cannot sustain itself without substantial outside aid hardly makes sense unless the intention is to raise more fodder for homicidal clerics and megalomaniacal political leaders to throw into the meat-grinder. And, they wonder why we view their conduct with massive suspicion.

[NOTE: When viewing targeting video, as I did with the mosque strike this week, the secondary bloom usually indicates a large quantity of combustible material (protracted) or explosives (sharp). The mosque video clearly showed a substantial secondary bloom, which certainly suggests the mosque was much more than a place of worship, and thus a proper target.]

On Saturday, the United States blocked a UN Security Council resolution calling for an immediate ceasefire to the Gaza fighting as the Israeli Defense Forces (IDF) began the ground portion of their campaign against the persistent rocket attacks by Hamas. The Associate Press reported on comments by U.S. Deputy Ambassador to the UN Alejandro Wolff that the United States saw no prospect of Hamas abiding by last week's Council call for an immediate end to the violence.

I draw your attention to an interesting study of unconventional internal threats and potential civil unrest within the United States, as well as the use of military assets to quell large scale disturbances. The evolution of this thinking tends to validate the Bush Doctrine – preemption against asymmetric threats.
“Known Unknowns: Unconventional ‘Strategic Shocks’ in Defense Strategy Development”
by Nathan P. Freier
Strategic Studies Institute, U.S. Army War College
Published: November 2008
http://www.strategicstudiesinstitute.army.mil/pubs/display.cfm?pubID=890
See what you think about this important topic. Please share your opinion, if you wish.

One of the ostensibly more liberal members of the Obama administration cabinet, Labor Secretary-nominee Hilda L. Solis [366], apparently intends to strengthen union labor organizing capabilities, including one of her first initiatives being the passage of the Employee Free Choice Act of 2007 [H.R. 800] [274, 366]. Interesting choice! To give us an idea of how radical the proposed legislation is, former presidential candidate and Senator George Stanley McGovern of South Dakota asked Congress in a political advertisement to reject the proposed legislation for one reason – it would eliminate the secret ballot in a union vote, which would give unions extraordinary, excessive and unreasonable ability to intimidate and influence the vote outcome. When you read the legislative text, it does not take long to see it for what it is. Please keep an eye on this initiative and let your representatives in Congress know how you feel about the latest union strong-arm tactics.

The economic news:
-- Home prices continue to fall. The S&P/Case-Shiller home-price indexes of 20 major metropolitan areas dropped 18% from the prior year, a record. They were down 2.2% from September alone. Phoenix and Las Vegas dropped 33% and 32%, respectively, from a year ago. Month-to-month decliners were led by Detroit, which fell 4.5%, and San Francisco, which dropped 4.2%. This is a correction that should have happened years ago and needs to reach a natural conclusion, but it is never easy for anyone. We are all affected.
-- The remnants of IndyMac Bank [352, 367] have been sold to private equity firm Dune Capital Management for a reported US$13.9B. The beat goes on.
-- President-elect Obama used a weekly radio address on Saturday to announce his American Recovery and Reinvestment Plan. The key elements in his words:
A. “We must make strategic investments that will serve as a down payment on our long-term economic future.”
B. “We must demand vigorous oversight and strict accountability for achieving results.”
C. “We must restore fiscal responsibility and make the tough choices so that as the economy recovers, the deficit starts to come down.”
The objectives:
1. “We will . . . create three million new jobs (80% in the private sector).”
2. “We will double renewable energy production and renovate public buildings to make them more energy efficient.”
3. “We must engage contractors across the nation to create jobs rebuilding our crumbling roads, bridges, and schools.”
4. “We will update and computerize our health care system to cut red tape, prevent medical mistakes, and help reduce health care costs by billions of dollars each year.”
5. “We will build 21st century classrooms, labs, and libraries.”
6. “We will provide direct tax relief to 95 percent of American workers.”
The plan sounds more like a campaign speech than a plan. Yet, let’s give him the benefit of the doubt and see how his ‘plan’ fleshes out. We need him to be successful.

L’Affaire Madoff [365]:
-- Madoff had to provide a complete listing of his assets, which he did. The listing, which has not been made public as yet, should provide at least a small clue as to what he did with all that money. It should be interesting to see what the Feds do with the information.
-- Representative Paul Kanjorski of Pennsylvania, chairman of the House capital markets subcommittee, expects to open the first stage of the congressional investigations next week into the Madoff Scandal, including the involvement and failure of the Securities and Exchange Commission in the affair.
-- A small Austrian merchant bank has emerged as one of the largest victims of Bernie Madoff, disclosing US$2.1B lost so far. The Bank Medici’s principal owner is Viennese banker Sonja Kohn. Bank Austria, a branch of Italy’s UniCredit [366], reportedly holds a 25% stake in the bank. Several key Bank Medici executives have resigned, effective immediately, including Chief Executive Officer Peter Scheithauer and Board Member Werner Tripolt. Austria’s financial regulator – Finanzmarktaufsicht (FMA) – appointed Gerhard Altenberger to supervise bank operations in their effort to avoid the bank’s collapse.

The Blago [365] Scandal:
-- Blago upped the ante by defying the President-Elect, the Senate Democratic Party leadership, and Illinois state political leaders to appoint Roland W. Burris, 71, the former Illinois attorney general, to the open U.S. Senate seat vacated by Barack Obama. The Majority Leader has indicated the Senate will not recognize or seat Burris, since the appointment is tainted by Blago’s shenanigans. Burris is the unfortunate pawn. Blago has no concept of dignity, honor or propriety, but that is not a revelation. The Illinois Secretary of State has so far refused to endorse Blago’s appointment. The Burris case, as it will become known, is reminiscent of a similar such case in the late 1960’s – Adam Clayton Powell, Jr. The U.S. Supreme Court decided the earlier case against the Speaker of the House – Powell v. McCormack [395 U.S. 486 (1969); no. 138] . As I read Powell, the Blago-Burris situation is not so clear; and yet, one distinct constitutional difference exists – appointment versus election. Burris is not the choice of Illinois voting residents, but rather the tainted, solo-selection of a discredited governor. I suspect the Burris case will be headed to the Supreme Court as well. At least no one can accuse Blago of lacking audacity. Unfortunately, it will be Burris and the residents of Illinois who will suffer. Such is the disgusting reality of American politics.

Interestingly, the Wall Street Journal editorial staff also has an opinion of the Burris appointment.
“Harry Reid v. the Constitution – If Roland Burris isn't fit for the Senate, how is Chris Dodd”
Editorial
Published: January 3, 2009
http://online.wsj.com/article/SB123094461932550595.html
I think they need to re-read Powell v. McCormack [395 U.S. 486 (1969)].

Many of us are offended or at least put-off by pornography, erotica or things sexual. That is and should be a matter of individual and private choice, not the dictum of the offended. The Internet began as a medium for academic and defense-related exchange. The advent of personal computers and their proliferation in households around the world transformed the academic medium into a global mechanism of cultural change, akin to the contribution of the Gutenberg Press [1439] to the Renaissance. Like it or not, pornography has been and continues to be a driving force in Internet development. For an informed perspective:
“Thank you, Porn! 12 Ways the Sex Trade Has Changed the Web – The sex industry is behind many of the innovations that today’s Netizens can’t live without, as well as some of the nasty bits we wish had never existed.”
by Dan Tynan
PC World
Published: 21.December.2008; 19:00
http://www.pcworld.com/article/155745/articleb.html?tk=nl_wbxrvw
1. Nice: Online Payment Systems
2. Naughty: Spam
3. Nice: Streaming Content
4. Naughty: Malware
5. Nice: Live Chat
6. Naughty: Pop-ups, Pop-Unders, Mousetrapping
7. Nice: Broadband
8. Naughty: Browser Hijacking
9. Nice: Traffic Optimization
10. Naughty: Domain-Name Hijacking
11. Nice: 3G Mobile Services
12. Naughty: Paris Hilton
Tynan’s rationale and assessment for each element offers more insight into the transformative medium of the Wild, Wild Web.

In Kansas, we have endured a long-running demonstration of what can happen when government officers succumb to fanaticism and ideological dogma. Former Kansas Attorney General Phillip D. ‘Phill’ Kline [168 et al] embroiled the state in a vendetta against Doctor George Richard Tiller, MD, regarding the operation of his women’s health clinic that also performs abortions. Kline was so rabid in his persecution of Tiller that he filed suit against Tiller even after he was resoundingly defeated in the 2006 election [257]; the aftermath of the Kline regime lives on. The saga continues, although mercifully not in the national news. A recent, local, newspaper article raises a key political issue in Kline’s relentless pursuit of Tiller and abortion in general.
“10-year-old’s abortion is center of Tiller hearing”
by Ron Sylvester
Wichita Eagle
Published: 20.November.2008; page 1A
The 10-year-old girl from an adjacent state was raped by a relative (who was tried, convicted and imprisoned for his crime). The girl’s family sought termination of their daughter’s rape pregnancy. The legal ping-pong match consumed inordinate time, which rendered the procedure a late-term event. Kline used the case as justification to ransack Tiller’s patient medical files for evidence of other child rapes and of any under-age sex (which Kline deemed categorically criminal). The collateral damage consequent to Kline’s intrusion upon patient confidentiality could have been far worse if the court’s had not interceded. The notorious case presents the best and worst of our societal and legal situation. Kline’s fanaticism and access to the instruments of State demonstrate what can happen when extremists gain that power. To my knowledge, the parents of the subject girl tried to do what they believed was best for their daughter. Unfortunately, our society failed to help the parents protect her. As long as we persist in treating sex as the forbidden fruit, we shall continue to suffer the tragedies represented by this sordid episode. Will we ever learn?

Comments and contributions from Update no.367:
“Some random, and perhaps, scattered thoughts:
“Blago: The reason he is not being hounded so hard, nor repentant enough, is because what he did has been going on with others for years but they were not as politically naïve as to do it on E-Bay. Buying an office doesn't have to be in dollars, it could be in promises, political support, self protection, or party loyalty. Witness: Hillary in Senate/Secretary of State, the Queen Kennedy Senate straw man, and, many others you can bring to mind at the local or state level, over the course of years.
“President Bush: I just hope that people remember to treat Obama with the same public level of respect as they have treated Bush: we should not discriminate. I love the comment attributed to one of his transition team that he is ‘...ready to rule the day he takes office.’
“Generally agree with what you have been saying. Keep it up.”
My reply:
Sure, business as usual for the Chicago political machine, and none of us should be so naïve to assume such corruption is confined to Chicago or even Illinois.
I doubt Obama will suffer the same attention that hounded Bush 43. Such is life.

Another contribution:
“I do not accept nor do I believe in the term ‘disproportionate force’ when one goes to war.
“One should Only go to war First to attack someone/something that has attacked us first. Secondly to assist a good friend who has been unjustly attacked. And thirdly to preemptively stop an aggressor known to be planning to kill us. When one DOES go to war, they should use absolutely everything in their arsenal necessary to as quickly as possible put the enemy down. Down---Period!! That will decrease casualties on both sides and probably prevent a long dragged out confrontation.
“Kill HIM first!! THEN sit down with the long time well known ineffective United Nations and tell them:
“‘Yes, we did it. And we will do it again each and every time we are threatened. No use for the UN or any individual country to condemn our actions or urge restraint and negotiation. That will not happen!! We will not wait to be attacked anymore. We will act to Prevent any attacks---with whatever it takes to Kill that aggressor and prevent him, hopefully, from Ever rising up and starting a fight again. We make NO apologies for that.’
“This is what inspired my diatribe above:
“The prime minister of Turkey, one of the few Muslim countries to have relations with Israel, called the air assault a ‘crime against humanity,’ and French President Nicolas Sarkozy condemned ‘the provocations that led to this situation as well as the disproportionate use of force.’”
My response:
Spot on, my brother!
There should never be half-measures or proportionate response in war – only winning and losing. I like the line by Sean Connery in “The Untouchables;” “If they put one of yours in the hospital, you put one of theirs in the morgue.” The blood of our patriots is far too precious for half-measures.

Another contribution:
“By the way, the Vatican just rehabilitated Galileo [see article below].
“Still no word on Martin Luther…...”
“Good heavens: Vatican rehabilitating Galileo”
by Nicole Winfield
Associated Press Writer
Posted: 12/23/2008 11:49:47 AM PST
http://news.yahoo.com/s/ap/20081223/ap_on_re_eu/eu_vatican_rehabilitating_galileo
My reply:
Well, how timely!
Joe’s gesture to the venerable Renaissance scientist does little to assuage my opinion of the church’s actions in 1633. I would have far more respect for the Roman Catholic clergy, including dear ol’ Joe, if he acknowledged the truth – Maffeo Barberini AKA Pope Urban VIII was a flawed man who made a dreadful mistake. Even Pope John Paul II, whom I held and hold in high regard, only partially moved toward reconciliation in his address to the Pontifical Academy of Sciences [1.November.1992]; what the church did to Galileo was far beyond a “tragic mutual incomprehension.” The church clergy chose to ignore facts, logic and reason in submission to their dogma – the same recalcitrance that convinced Martin Luther to defy the church leadership. The Roman Catholic Church has matured and grown since the dark days of the Inquisition, but it still has a long way to go in achieving enlightened spirituality.

Another contribution:
“As for ex-Governor Moonbeam trying to invalidate Prop 8 in California, it seems to me this is commonplace in that state when the voters approve a measure those in power do not like. Let's go to the courts to overturn it. Why bother having initiatives if politicians and the courts will just overturn them. It's not like homosexuals are being denied their right to work or be together or be free from persecution. The will of the people should count for something.”
My response:
The challenge in this situation as well as others of a similar nature hangs on the balance between the will of the people and persecution of a minority, between majority rule and equal rights, between the dignity of the individual versus the majority’s interpretation of the common good. What right did the majority of voting residents in California have to deny equal rights to a minority they disapproved of? As a good friend says, “Show me the damage.” Unfortunately, far too many of these “voter initiatives” are charged opinion polls that are very bad law. Who stands for minorities against a willful majority? There is a very real, palpable reason the Founders / Framers sought checks & balances like representative democracy, the Electoral College, three branches of government – preserve freedom, liberty and every citizen’s pursuit of Happiness. CA Prop H8 failed miserably to defend the equal rights of a minority that the majority disapproved of and despite the failure of the advocates to illuminate any public harm represented by that minority. I keep returning to Justice O’Connor’s wise words: “A law branding one class of persons as criminal solely based on the State's moral disapproval of that class and the conduct associated with that class runs contrary to the values of the Constitution and the Equal Protection Clause, under any standard of review” – Lawrence v. Texas [539 U.S. 558 (2003)]. We are not talking about criminal conduct; but, we are talking about denial of equal rights based on the moral disapproval of the majority. I do not like the courts getting involved in resolving social injustice, but sometimes the court is all that stands between freedom and persecution. I hope you can appreciate my rationale.
“That’s just my opinion, but I could be wrong.”

And, a query from across the great waters:
“Sorry Cap . . . ‘a framer?’ Tried to look it up. I know what an Ozark is though....a death bell ringing in the ear but that doesn't really help does it?”
My reply:
My apologies. Founders = those who led or contributed to winning the Revolutionary War, who helped begin this Grand Republic. Framers = those who contributed to or participated in the writing of the original Constitution. Some are in both categories; others are in one or the other. Both were essential contributors.
Now I learned something. I did not know the meaning of Ozark; now I do. Thank you.

My very best wishes to all. Take care of yourselves and each other.
Cheers,
Cap :-)

No comments: