29 June 2009

Update no.393

Update from the Heartland
No.393
22.6.09 – 28.6.09
Blog version: http://heartlandupdate.blogspot.com/
To all,
I will be on company directed furlough next week. I will take the last of my vacation time and one day of LWOP (Leave WithOut Pay). The company has notified it’s employees of two additional furlough weeks later in the year. I was also informed late Friday that I will be temporarily assignment to the Special Missions group within our Government Business Division. Apparently, they are inundated with business and need assistance. Taylor’s significant other, Sherri, began a three-week furlough from her company. These are tough times; we shall endure.

The follow-up news items:
-- The tragedy in Iran continues. The government has acknowledged an estimated vote fraud of 3M votes, yet, the government claims the crime was of no consequence – logic being – Ahmadinejad won by 11M votes, therefore no factor. The circular logic in rationalizing a clearly fraudulent election [391] is out-of-this-world-ly, even by Chicago standards. I suppose they are not concerned about perceptions. As a few talking heads have noted recently, the post-election unrest appears to be much more than a compromised election and now represents far more dissatisfaction with the Khamenei -Ahmadinejad regime, which if true, portends far greater significance to the current demonstrations. The theocratic-dictatorial regime is proving its true colors, and we all bear witness to what the IRI really is. President Obama has been measured and careful with his words, but there is a threshold of tolerance. When do we owe more to the Iranian people than we hope for some obscure, misty, reproach mal with the theocracy? We can criticize the President for not doing enough. At the end of the day, what choices do we have? Threats without the chutzpah to back them up only weakens our position.
-- Two opinions on this perennial lightning rod issue:
“Gays in the Military: Let the Evidence Speak”
by John M. Shalikashvili
Washington Post
Published: Friday, June 19, 2009
http://www.washingtonpost.com/wp-dyn/content/article/2009/06/18/AR2009061803497.html?wpisrc=newsletter
General Shalikashvili [265, 275, 312, 383] continues to speak out on this sensitive topic.
Also, this week, on the same topic, we have this opinion:
“The American Debate: Obama needs just a bit of Truman’s courage”
by Dick Polman -- Inquirer National Political Columnist
Philadelphia Inquirer
Posted on: Sunday, June 14, 2009
http://www.philly.com/inquirer/columnists/dick_polman/20090614_The_American_Debate__Obama_needs_just_a_bit_of_Truman_s_courage.html Polman quoted Senator Barry Goldwater (1993), “Lifting the ban on gays in the military isn’t exactly nothing, but it’s pretty darned close. Everybody knows that gays have served honorably in the military since at least the time of Julius Caesar. . . . It’s time to deal with this straight on and be done with it.” Polman’s title and challenge refers to President Truman’s defiance of Congress, the military and the public in general, when he issued Executive Order 9981 (26.July.1948) to integrate the armed services. The same tired arguments used to resist racial and gender integration are being utilized to resist inclusion of sexual orientation is the military’s equality statement. Yes, indeed, it is time; let’s get on with it; this is too long overdue.
-- Max Rufus Mosley [346], President of the Fédération Internationale de l’Automobile (FIA – the Formula I racing organization) since 1993, was surprisingly and summarily ousted by his former friend and colleague Bernard Charles “Bernie” Ecclestone, reportedly to forestall a mutiny within the ranks of the motor-sport teams. You may recall, Mosley won an important privacy case last year – Mosley v. News Group [[2008] EWHC 1777 (QB); Case No: HQ08X01303] [346] – a truly bizarre but important case, I must add.
-- The Washington Post reported on apparently leaked information that White House has drafted an executive order to detain certain battlefield combatants indefinitely without trial under the laws of war. The move would partially back off of the President’s 22.January.2009 Executive Order [371] to close the Guantáanamo Bay detention facility. The uber-Left will NOT be happy with this action, but thank goodness the President is facing the reality of warfighting.
-- The Supremes refused to hear the appeal of Valerie Plame-Wilson [147, 169, 293, 307, 348, et al] – Wilson v. Libby [08-1043 (2009)] – no reason given. Just to make the historical connections, Valerie filed a civil suit – Wilson v. Libby [USDC DC civil action no. 06-1258 (JDB) (2007)] – which was dismissed. She appealed the dismissal to the D.C. Circuit Court of Appeals, which in turn affirmed the district court’s judgment to dismiss – Wilson v. Libby [CCA DC No. 07-5257 (2008)]. The latest case was the appeal of the appeal. I hope this is the end of the Plame episode.

A series of New York Times editorials sparked me to note and respond.
-- “The Eavesdropping Continues”
Editorial
New York Times
Published: June 17, 2009
http://www.nytimes.com/2009/06/18/opinion/18thu1.html?_r=1&th&emc=th
This opinion is interesting on a variety of levels. The editors said, “We do not believe that Mr. Obama is deliberately violating Americans’ rights as Mr. Bush did . . . .” I think we can all see the bias and double-standard in their words; sad that they can’t see it. Nonetheless, beyond the political affiliation and alignment, the editorial does raise a number of very important points. First, I laud the Times’ efforts to protect our collective 1st Amendment freedoms, and the national intelligence surveillance issue does raise numerous 1st Amendment questions. Next, I do not agree that the FISA Amendment [PL 110-261 (344)] is “deeply” flawed. The flaws in the original as well as the amendment rests with our failure to clearly and definitively separate intelligence and judicial / prosecutorial processes, and provide the necessary protections for intelligence material to ensure the two processes are not allowed to mix, and more importantly to prevent abuses by those entrusted with sensitive intelligence. I do not support or appreciate the Times’ methods, but this price we pay for our vital Freedom of the Press.
-- “Teenagers and Pregnancy”
Editorial
New York Times
Published: June 17, 2009
http://www.nytimes.com/2009/06/18/opinion/18thu4.html?th&emc=th
The editors refer to a study completed by Columbia University’s Mailman School of Public Health that links decreased contraception use by teenagers with an increased pregnancy rate, which just happens to coincide with the foolishness of the Federal government’s abstinence-only sex education program [PL 105-033] [308]. Abstinence-only effort tried to use Federal law to protect children by ignorance and imposition of private moral values – a recipe for failure. The applicable and associated laws need to be repealed.
-- “Unparalleled and Denied”
Editorial
New York Times
Published: June 18, 2009
http://www.nytimes.com/2009/06/19/opinion/19fri1.html?_r=2&th&emc=th
The editors opened their opinion with, “In an appalling 5-to-4 ruling on Thursday, the Supreme Court’s conservative majority tossed aside compelling due process claims, the demands of justice and a considered decision by a lower federal appeals court to deny the right of prisoners to obtain post-conviction DNA testing that might prove their innocence.” The case they refer to is: District Attorney’s Office for the Third Judicial District v. Osborne [557 U.S. ___ (2009); no.08-6]. I have not yet read the Court’s ruling, but I sure will now. This is probably one of those cases that illuminates the common conflict in points of law, and thus provides emphasis to one side.
-- “A Nation of Candidates”
by Gail Collins – Op-Ed Columnist
New York Times
Published: June 19, 2009
http://www.nytimes.com/2009/06/20/opinion/20collins.html?th&emc=th
Gail wrote her apropos opinion in the aftermath of the sex scandal involving Senator John Ensign of Nevada. She did not mention Governor Mark Sanford of South Carolina as a potential Republican presidential candidate. Now, she won’t have to refer to him other than in the similar context as Ensign (as noted below).

Governor Marshall Clement “Mark” Sanford, Jr., of South Carolina disappeared for five days. As this episode unfolds, it gets curious-er and curious-er – actually well beyond bizarre. If this guy had any illusions of running for national office, he has lost any hope of garnering my vote. I also smell dead fish on this one. Such immature, irresponsible actions by a state executive suggests far deeper problems, and my impression at this point is he should be impeached and removed from office for such conduct. I’ll bet a dollar to donuts he was NOT alone on his little jaunty escapade, and there is much more to this story than has been dribbled out. The Press smells blood in the water; watch out!
I wrote the previous sentences at first blush when the story was an incommunicado trek along the Appalachian Trail. Then, on Wednesday, Sanford held a public, state capitol, press conference to acknowledge his disappearance to Argentina and his extra-marital affair with an Argentine woman. The extent of his relationship with the “other woman” is undoubtedly of prurient interest to many, but for me, it is only a private matter between Sanford and his wife, and should be nothing more. The truly egregious element of this affair is his shirking of his executive responsibilities to the residents of the State of South Carolina. What so many politicians refuse to acknowledge and fail to remember – they serve the People, not the other way around. This is the end of Sanford’s political career.

As usual, the Supremes dumped a bevy of rulings on us toward the end of a session. A number of cases for which I have eagerly waited were issued in this bunch. It will take me more than a few days to read them all.

News from the economic front:
-- The Wall Street Journal reported that Marc Seidner and Michael Llodra, both top, fixed-income, portfolio managers for the Harvard Management Company, the organization that manages the nation’s largest college endowment, plan to step down at the end of June. Harvard officials warned of a 30% decline for the fiscal year ending in June. In February, the endowment said it would eliminate 50 jobs, or a quarter of its staff. In such announcements, I always wonder about the rest of the story.
-- The National Association of Realtors reported existing-home sales rose in May – the second month in a row – however, prices fell sharply, again. Sales increased by 2.4% to a 4.77 million annual rate, up from 4.66 million in April. Troubled property sales pushed prices lower. The median price for an existing home last month was $173,000, down 16.8% from $207,900 in May 2008. This too shall pass.
-- The Commerce Department reported new-home sales decreased by 0.6% to a seasonally adjusted annual rate of 342,000 compared to the prior month – a unexpected decline. The Wall Street Journal’s survey of economists expected May sales to climb, by 2.3% to 360,000. Year over year, new-home sales were 32.8% lower than the level in May 2008.
-- The Commerce Department also reported that manufacturers’ orders for durable goods increased by 1.8% last month – a measure of capital spending – the largest increase in nearly five years. Another positive sign!
-- U.S. Federal Reserve held rates near zero, while acknowledging fresh signs of economic stability. The Fed also reiterated plans to purchase a total of up to US$1.25T of agency mortgage-backed securities and up to US$200B of agency debt by the end of the year, as well as buy Treasury bonds up to US$300B by fall.
-- U.S. District Judge Philip S. Gutierrez, Central District of California, unsealed court documents that allege financier Danny Pang [383] extracted at least US$83M in inflated fees, loans and salary from his Private Equity Management Group before it was seized by federal regulators in April. He is accused of a massive international fraud, bilking investors of US$287M to US$654M – the latter number representing nearly 80% of the US$823M still owed to investors. The beat goes on.

L’Affaire Madoff [365]:
-- New York City’s Metropolitan Correctional Center Inmate no.61727-054 is scheduled to be sentenced on Monday, 29.June. I can’t wait. Bernie does not deserve another breath of freedom.
-- The SEC filed civil fraud charges against brokerage firm Cohmad Securities Corporation – partially owned by Madoff and his brother, Peter – as well as Maurice J. Cohn, Cohmad co-founder and chairman; his daughter, and Cohmad president and chief operating officer Marcia Beth Cohn; and Cohmad vice president Robert M. Jaffe – who is the son-in-law of Carl Shapiro [388], charged in other cases.
-- The SEC also filed civil fraud charges against a Los Angeles-based investment advisor, Stanley Chais [388], who funneled as much as US$1B to Madoff's operations.
-- Ruth Alpern Madoff – wife of Inmate 61727-054 – agreed to give up assets valued at nearly US$80M, leaving her a paltry US$2.5M in cash. Poor woman, my heart bleeds for her . . . although my sarcasm does not come through so well in words. U.S. District Court Judge Denny Chin approved the agreement on the eve of his sentencing of Ruth’s felon hubby.

Comments and contributions from Update no.392:
“Totally, totally agree with you on the restrictions on hate speech. First, it's not going to make the haters stop hating whatever group of people they already hate. Second, who defines what is hate speech? Will harsh criticisms of certain politicians or political organizations fall under that category? I say let the KKK and Neo-Nazis and the like spew their crap in the sunlight, that way we know who these idiots are and watch out for them.”
My reply:
Yep, we are in agreement and coherent as a LASER.

Another contribution:
“We shall see what happens in Iran. ‘A clever dictator in the robes and trappings of religion’ is business as usual for the past thirty years in Iran. I still contend that theocrats wield more power and have even less scruples than fascists. Nevertheless, the recent rioting has at least shown that after three decades opposition still exists in Iran. That's a happy surprise to me. They have survived extreme oppression, apparently proving that no country is truly monolithic. Also, communications media have reached the point of being largely beyond the control of national governments. The outcome of all this has yet to be determined. I'm more concerned with North Korea today. Nukes do more damage than tear gas.
“As best I understand, Obama's gesture toward same-sex partners is mostly a gesture. A given Federal employee could get time off (presumably FMLA unpaid leave) to care for his or her partner, but not health coverage, for example. The President has made no effort to take on either DOMA or Don't Ask Don't Tell. The more things change, the more they stay the same. Meanwhile, States make progress with or without the support of the Federal government.
“I also support freedom of speech, including the freedom of those I find loathsome. If a given person supports the "freedom" of only those with whom he or she agrees, that person does not support freedom. The Klan and others whose views bring me nausea remain entitled to those views. Actions supporting some of those views can be another matter.”
My response:
Well said and agreed. Our Founders learned that lesson in spades – dictators in the trappings of religion often (usually) are far more ruthless that their secular brethren; after all, they carry the word of God to execute their will [not His].
North Korea more dangerous or threatening than the Islamic Republic of Iran . . . perhaps. They are both dangerous nations for different reasons. A little side story at a personal level . . . All military folks (at least of my generation) were familiarized, if not trained, in NBC warfare – Nuclear, Biological and Chemical – all weapons of mass destruction, in today’s parlance. Of those three, I can handle nuclear. If Grand Dear Leader seeks to exchange detonations of his kiloton fission devices for our megaton thermonuclear weapons, I’m sure the exchange can be arranged. While Saddam’s Iraq was more active across the broad spectrum of WMDs, the IRI has dabbled in all three as well, although their focus is on the nuclear portion. What is far more worrisome to me is the IRI’s persistent, consistent, and substantial state-sponsorship of a wide variety of predominately Islamist, terrorist networks. The IRI has a world-wide distribution network that the DPRK does not enjoy, other than via rogue nations like the IRI and Saddam’s Iraq.
Thank you for your observations and opinion regarding the President’s “gesture.” I finally found the Presidential Memorandum yesterday. The President charged the OPM with a review of Federal employment benefits to “recommend to [the President] any additional measures that can be taken, consistent with existing law, to provide benefits to the same-sex domestic partners of Federal Government employees.” The salient phrase is “consistent with existing law,” which seriously constrains the reach of the Memorandum. From my perspective, the Memorandum is barely more than a public statement – “mostly a gesture,” indeed.
We agree. Freedom of speech for every citizen is far too precious for the protection of all our freedoms and rights. We need to pay attention and assist law enforcement in dealing with those who choose to act out.

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

22 June 2009

Update no.392

Update from the Heartland
No.392
15.6.09 – 21.6.09
Blog version: http://heartlandupdate.blogspot.com/
To all,
The follow-up news items:
-- We bear witness to important history in the making within the Islamic Republic of Iran (IRI) . . . in an all-too-familiar manner, as we did in 1979. The Iranian post-election situation is an intriguing demonstration of civil disobedience within the Islamic world. Challenger Mir-Hossein Mousavi [391] has protested the election results, and his supporters have taken their objection to the streets in Tehran, Esfahan, Shiraz, and other cities. Tehran is NOT the Islamic Republic of Iran – just the capital and largest city. As much as we would like to see Mahmoud Ahmadinejad [203, et al] gone from the public domain, we must recognize that we are watching something akin to New York City rioting because they disapproved of a national election. Let us not ascribe too much of our opinion to wishful thinking. Ahmadinejad may well have won 62% of the total national popular vote. To me, the most troubling element of this situation is the government’s response and especially the unleashing of the Nirouye Moqavemate Basij (Mobilization Resistance Force) – a volunteer, paramilitary organization, ostensibly under the control of the Iranian Revolutionary Guard. Who knows how this will turn out, but we must watch.

Friday morning, I woke up in time to listen to the last hour of a two-hour speech by Iran’s Khamenei during Friday prayers at the University of Tehran. The portion I heard was a cleverly crafted, not-so-veiled attempt to validate the election results, condemn the on-going street protests of the opposition, and worst to use the typical, inflammatory, religious, fascist rhetoric to deflect national attention away from the election. Every dictator and despot in history has used some, often hidden, usually external, power or influence to coalesce national fascist support to maintain the dictator. President Obama and the United States along with Great Britain, the European Union, and a good deal of the free world have remained largely muted, measured in their public words, to avoid the very accusation Khamenei chose to spew in his speech. We saw a clever dictator in the robes and trappings of religion. Other than his attire and the venue for his speech, Khamenei is no different from the secular variants that precede him. The line has been drawn. We shall bear witness to the clash between religion, dictatorship and the desire of the people to be free.

In my comment on the Iranian election last week [391], I quoted Joe Stalin. This week, another dictator seems most appropriate. Der Fürher observed,
“[I]n the big lie there is always a certain force of credibility . . . thus in the primitive simplicity of their minds [We, the People] they more readily fall victim to the big lie than the small lie, since they themselves often tell small lies in little matters but would be ashamed to resort to large-scale falsehoods. It would never come into their heads to fabricate colossal untruths, and they would not believe that others could have the impudence to distort the truth so infamously.”
-- Adolf Hitler, Mein Kampf, 1925
In the Iranian election, we see the BIG lie. Perhaps the Iranians are learning what the Founders of this Grand Republic learned in the aftermath of the Reformation . . . clerics like Supreme Leader Grand Ayatollah Sayyid Ali Hoseyni Khamenei are just simple men, like all the rest of us, and as such they are just as prone to mistakes, missteps, errors in judgment, the seduction of power, and other weaknesses of mankind; and, they are just as fallible. We can look to the positive and think . . . perhaps the trauma Iran is experiencing will help them mature as a society and reject the theocracy that represses them – yet one more example why we all need a “wall of separation between church and State.”

One of my personal idiosyncrasies is my loathsome contempt for anyone who thinks he is better than another human being, and my opinion spans clerics, presidents, generals, kings and prima donna athletes to the common criminal and even Islamo-fascist terrorists. As Slick Willy Clinton so aptly observed, “Politics is a contact sport. If you’re not prepared to get hit, don’t get in the game.” In a theocracy, especially the Iranian variant, the Supreme Leader places himself above the fray . . . not allowing himself to be spattered by the mud & blood of secular politics that might sully his clerical robes; and yet, he lords over the Iranian politicians and people as if he is blessed with some divine wisdom or insight. Khamenei qualifies for my full contempt, not that he really gives a hoot about my opinion or anyone else’s. He is just another two-bit dictator, regardless of his robes, trappings, and sanctimonious rhetoric.

One additional observation: The World Wide Web, or Internet if you prefer, is a wondrous medium that links us all in what I euphemistically call cyber-space. As those us who are familiar with these wonders know, cyber-space enables good and evil; and, to date, we have enjoyed unfettered access. Perhaps more than any other historic event, we bear witness to the awesome power of cyber-space to equalize, to overcome barriers, to truly reflect the will of the People. The events unleashed a week ago in the IRI are far from over, however, the Iranian People are mobilizing cyber-space to their cause for freedom. Ah yes, the Internet is a wondrous place.

On Wednesday, President Obama issued an Executive Memorandum, or perhaps an Executive Order (I am not sure which, as I have not yet found an authentic copy), that extended Federal employment benefits to same-sex couples. I do not know how this order is reconciled against the Defense of Marriage Act of 1996 [PL 104-199]. Since the Obama administration has elected to avoid confronting or addressing the military’s “Don’t Ask, Don’t Tell” policy established by PL 103-160 [Div. A, Title V, Sec. 571(a)(1)], I suspect this is a gesture of placation. The President’s action may be challenged in court. I hope not. I trust that Barack will eventually make his way politically to address the inequality and discrimination of the current policy / law. We can hope, since hope seems to be the emotional currency of the moment.

I am constantly playing catch-up with my eMail reading, and this particular item did not make the cut last week. Given recent events, the questions raised present appropriate topics for this forum.
“Hate Crimes and Extremist Politics”
by The Editors
New York Times
Published: June 11, 2009, 12:29 pm
http://roomfordebate.blogs.nytimes.com/2009/06/11/hate-crimes-and-extremist-politics/?8ty&emc=ty
They asked:
1. Should the United States consider tighter restrictions on hate speech?
2. In the meantime, how should law enforcement agencies respond?
Given recent events (the Tiller and Holocaust Museum murders), the questions are understandable . . . although enormously disappointing. Yet, coming from the editors of the New York Times, we can indulge the disappointment.
As to Question no.1:
If we set aside fundamental principles embodied by the Founders / Framers in the 1st Amendment and the logical response to the question posed . . . freedom of speech and the potential constraints thereupon are two sharp edges of the same blade. When we begin to pass judgment on one person’s speech in a particular context, we must expect others to find fault with our speech. Justice Douglas concluded in his concurring opinion in Brandenburg v. Ohio [395 U.S. 444 (1969); no. 492] [377]: “The quality of advocacy turns on the depth of the conviction; and government has no power to invade that sanctuary of belief and conscience.” Even more fascinating, the Supremes were defending the Klu Klux Klan’s right to contaminate the public domain with their racist hatred and vitriol. The simple, direct, definitive answer to Question 1 is an emphatic, absolute, and unqualified NO. Question 1 is a lame, flimsy, miniscule band-aid that does nothing to address the root cause and risk infringement on the freedom of every citizen, for some folks to feel good about the band-aid. In discussions like this, I always return to the wise words of Justice Brandeis – “Sunlight is said to be the best of disinfectants.” Frankly, I want the hate speech out in the open, where we can hear it and disinfect it.
Since the answer to Question 1 is a big ne-ga-tory, we come to Question 2. My answer:
Dealing with hate speech (or any other aberrant public behavior) is more a matter for society and not limited to law enforcement. Law enforcement at all levels needs an intelligence function that collects information from all sources including the community. The reality is the community must care about itself; it is not just a police function. Thus, law enforcement should respond by first, encouraging public participation with identification of threatening speech or conduct; second, collecting the information with respect to a citizen’s potentially threatening activities; and third, at least make the individual in question aware that the police are paying attention to his activities. Restrictions upon freedom of speech affect us all, whether we are perceptive enough to recognize the constraint. Restrictions are also pre-emptive actions by the State, which in themselves are open to interpretation, and thus risk extension far beyond the original intended purpose. As repulsive as it may be for us to defend that hate-speech of Scott Roeder or James Von Brunn, let us remember that limitations on their hate speech can be and probably would be used to suppress protests like we see in Tehran. Our freedom of speech is far too precious to give the government any more authority to suppress.

If anyone would like to feel just a tiny sliver of the discrimination non-heterosexual couples feel even in a state that ostensibly offers “separate but equal” rights based on sexual orientation, please read this article:
“ACLU: Hospital discriminated against gay couple”
Associated Press
Published: Monday, June 15, 2009; 10:32 pm ET
http://news.yahoo.com/s/ap/20090616/ap_on_re_us/us_gay_marriage_discrimination

A friend, contributor and thinker sent this article for my (our) review [comments below].
“The Same-Sex Future”
by David Cole
The New York Review of Books
New York Times
Published: July 2, 2009 [Volume 56, Number 11]
http://www.nybooks.com/articles/22791
The books reviewed by Cole were:
-- Eskridge, Jr., William N., and Darren R. Spedale. “Gay Marriage: For Better or for Worse? What We've Learned from the Evidence.” New York: Oxford University Press, 2007.
-- Gerstmann, Evan. “Same-Sex Marriage and the Constitution.” New York: Cambridge University Press, 2008.
-- West, Robin. “Marriage, Sexuality, and Gender.” Boulder, CO: Paradigm Publishers, 2007.
-- Laycock, Douglas, Anthony R. Picarello Jr., and Robin Fretwell Wilson (eds.). “Same-Sex Marriage and Religious Liberty: Emerging Conflicts.” Plymouth, Devon, UK: Rowman & Littlefield Publishers, Inc., 2008.
Cole skillfully reviews the four books and paints a clear, concise image of the contemporary issue – perhaps one of the best concise descriptions, yet. The difficulty associated with relegation of marriage to the religious domain and dedicated civil union to the state sanction for all relationships is the pervasiveness of the term “marriage” or “married.” Every related form and procedure from private to public including local, state and Federal governments use the term “married.” I have considered the split of civil union and marriage, to public and private respectively, but I just cannot see it working in a practical sense. The proposal would reconcile the ideological conflict between secular and religious, between public and private, but the practical, operational dimension always pops out. While I could support the civil union proposal, I still believe amendment to existing common law (including the repeal of these foolish state constitutional amendments) can and should be carried out in a form implemented by Vermont’s S.115 law – protecting religion’s right to define private marriage as they see fit (including condemnation, ostracism, excommunication, or banishment), while the State recognizes civil marriage for the purpose of rights, benefits and the public domain. Cole concludes his review with an apropos observation, “If the inclusion of same-sex couples changes the institution, it is likely to be for the better, rendering it more consistent with ideals of fairness. For marriage itself, then, and more important for the constitutional principle of equality, the only just result is to accord equal dignity and respect to all those who choose to enter long-term, committed family relationships, irrespective of their sexual orientation.” That fairly well summarizes this issue, it seems to me.

Congress passed another pork-infested war-funding bill -- Supplemental Appropriations Act, 2009 [H.R. 2346; Senate: 91-5-0-3(1); House: 226-202-0-6(1)]. The President has not announced his intentions, but he is expected to sign yet the US$106B, pork-laden, spending authorization.

On 16.June.2009, Queens Bench High Court Judge, the Honorable Mister Justice Sir David Eady [346] issued his ruling in the case of The Author of a Blog v. Times Newspapers Limited [(2009) EWHC 1358 (QB); case No: HQ09X02293]. The case attracted my attention as another test of a citizen’s fundamental right to privacy. A prima facie anonymous blogger sought court protect of his identity against The Times, who in turn counter-claimed that the blogger was a serving police officer and disclosing law enforcement information normally considered confidential. Eady found against the claimant as blogging was a public activity, and the fact that the blogger was using “inside” information weighed in favor of the The Times. The case essentially boiled down to a citizen’s expectation of privacy in protecting his identity versus the public interest of police confidential information remaining out of the public domain. From my non-legal perspective, I believe Sir David got it spot on. Each of us has a basic, fundamental right to freedom of speech as expected by blogger Night Jack (AKA “The Author of a Blog,” or Detective Constable Richard Horton, 45, of the Lancashire Constabulary). However, when we don the trappings of our employment or service, e.g., military uniform, title, employment affiliation, et cetera, then we also acquire representation of our employment; therefore, we no longer enjoy full freedom of speech. When representing others, either directly or indirectly, we have an obligation to those we represent. I cannot use my position, title, affiliation or information derived from my employment to add credibility or weight to my public arguments.

I try to avoid comments on preliminary, “in process,” judicial activities; yet, every once in a while an intriguing event comes to us. Late last week [12.June.2009], United States District Judge Jeffrey Steven White issued his ruling on a motion to dismiss in the case of Padilla v. Yoo [USDC ND CA no. C 08-00035 JSW (2008)]. The names of the plaintiff and defendant may be familiar. Jose Padilla AKA Abdullah al-Muhajir [107, et al] is the American, al-Qaeda, dirty bomber, who seems to have become a cause célèbre for the anti-W believers. John C. Yoo is the former assistant attorney general, Office of Legal Counsel, Department of Justice [340, et al]. Padilla accuses Yoo of being the source perpetrator for governmental violations of his constitutional rights. Yoo filed his motion to dismiss on a variety of grounds. As I read Judge White’s rationale for granting in part and denying in part Yoo’s motion to dismiss, I was struck by a strong image of White’s curiosity; the judge really wants to hear the arguments and see the evidence in this case. Judge White set the tone for his ruling by opening his decision with a quote from Publius [AKA Alexander Hamilton]:
“[War] will compel nations the most attached to liberty to resort for repose and security to institutions which have a tendency to destroy their civil and political rights. To be more safe, they at length become willing to run the risk of being less free.”
-- The Federalist No. 8.
So, the stage is set.

News from the economic front:
-- The Washington Post reported that they “obtained a near-final copy of the Obama administration’s 85-page ‘white paper’ detailing proposed changes to the country’s system of regulating financial markets.” We can say, “Good for the Washington Post.” I must say all these “advanced” disclosures of Federal government actions is getting really annoying, like they are dipping their big toe to see what reaction they will get before they take the plunge – annoying, really annoying.
-- As the Washington Post reported in advance (above), President Obama unveiled proposed sweeping changes to Federal oversight and regulation of financial markets. The changes include giving more power to the Federal Reserve to police large, systematically important institutions; allowing the government to break firms apart; implementing new rules for complex instruments; and creating a new federal agency to oversee consumer products such as mortgages and credit cards. In his public announcement, the President said, “With the reforms we are proposing today, we seek to put in place rules that will allow our markets to promote innovation while discouraging abuse.” He added, “We seek to create a framework in which markets can function freely and fairly, without the fragility in which normal business cycles bring the risk of financial collapse; a system that works for businesses and consumers.” Initial reaction to the President’s proposal have been muted and neutral as it has a long way to go before becoming law and actionable.
-- The outdoor-clothing chain Eddie Bauer filed for bankruptcy and announced the company’s plan to sell itself for US$202M to CCMP Capital, a private equity firm. I hope the company survives; they produce quality products.
-- Former AIG CEO, Maurice R. Greenberg [372], testified that he was entitled to remove US$4.3B in the company’s stock under certain conditions. His former employer filed a civil suit in Federal District Court for the Southern District of New York to recover some or all of those funds. Greenberg and his brethren give new meaning to the century old term “robber barons.”
-- Apparently the Wall Street Journal wants to add their voice against business aviation. The Journal reported, “Flight records show numerous occasions when banks receiving federal money have flown their planes to destinations near resorts or executives’ vacation homes, including spots in Europe, Mexico, the Caribbean, south Florida and Aspen, Colo. In some cases, it’s clear that bank executives were traveling for personal reasons; for other flights, many of which were over weekends or holidays, the passengers and purpose couldn’t be established.”
-- Convicted felon and Federal inmate, Richard Marin Scrushy – founder and former CEO of the global health care company, HealthSouth Corporation – has been ordered to pay US$2.8B to shareholders who sued over accounting fraud at the company. It is not clear whether or how Scrushy will pay his penalty, but I suspect given the judgment, the shareholders will now go after whatever assets he has remaining.

The Blago Scandal [365]:
-- While Blago is enjoying his remaining freedom, doing entertainment shows (anything to keep his name in the Press), his buddy, Senator Roland Burris of Illinois [368] learned he will not be charged with perjury for statements he made before an Illinois House impeachment committee. Whew! I bet he feels better, since he has no honor or dignity.

The Stanford Fraud [375]:
-- A Houston grand jury indicted and charged flamboyant financier R. Allen Stanford with orchestrating an US$8B fraud through his Caribbean-based, Stanford Financial Group. He surrendered to federal agents in Virginia within hours of his indictment. The Justice Department is expected to pursuit Federal prosecution and punishment. The SEC previously had filed a civil lawsuit [375] alleging fraud against Stanford and other top executives at his firm.

Comments and contributions from Update no.391:
“Enjoyed the pictures [390], everybody looks healthy and happy – couldn’t ask for much more. The red marks are typical of spider bites in the tropics and aspirin was a good choice – we see a lot of them down here with people going with sandals or flip-flops much of the year. It really never gets cold enough to kill most things outside and when it does get cool, everything comes inside and there isn’t enough protection in the world to kill all the ‘critters’ that come inside.
“I certainly am apprehensive of the direction our country is going in and the lack of any meaningful discussion about it from either the main street press or Congress. Over forty(?) czars that Congress has never heard of, never talked about, and has no oversight for is certainly cause for concern. The last I heard was that Congress wasn’t sure how many there were and no idea how any of them are getting paid. They, Congress, do know that they are out of the loop and the Czars only report to Obama and that the various Cabinet members are no longer in charge.”

Another contribution:
“My statements and position are based foremost on personal experience and observations in my own immediate family and several in the community of my work associates and social acquaintances. One of the most distressing aspects of homosexuals is that as a whole they do not limit their promiscuity to them selves but also engage in undisclosed bisexual relationships spreading their filth and diseased condition to otherwise innocent heterosexual partners. One of my grandchildren is victim of this vicious indiscretion suffering total hair loss diagnosed as an aids related illness. I recognize that many homosexuals are extremely sensitive, loving and caring individuals; but I also recognize that their partnering relationships only rarely are long-term commitments. Their commitments are not FAITH-Based. It was pointed out in a sermon recently that even heterosexual relation lose their bloom on average in two to three years, and only with the stabilizing influence of a 'faith' based commitment does any relationship stand much of a chance of survival. No one who reads with any understanding the Judeo-Christian Bible would be able to honestly contend that there is only One God. That God himself commands that his people are to place no other god before HIM. And HE is the GOD of our Lord Jesus Christ his only begotten SON, and HE further indwells ALL HIS Creation with The Holy Spirit. He also tells us that at the End Time he will hear only those who have publicly confessed their sins In The Name of HIS SON, Jesus Christ.
“With respect to General Pace, your own words serve to make my point.
“This Nation and those who served under the likes of General Pace have been, are and hopefully will continue to be Greatly Blessed.
“Cap, as much as I disagree with you on many issues I think your forum is useful to all who follow it; I thank you and hope you will continue with your forum.”
My reply:
Thank you for your support and your continuing contributions. I intend to continue the Updates as long as they have usefulness.
Re: homosexuals (or perhaps more properly, other than heterosexuals). Let it suffice to say, your experience and mine are not the same, and lead us to entirely different positions & conclusions. Homosexuals are no more promiscuous than heterosexuals, but they do tend to be a little less repressed about sex in general. Each of us may accept or disapprove of non-heterosexual relations, but whatever disapproval we may hold does not give us the right or authority to impose our beliefs, opinions or views on other human beings. Each of us chooses as we have been trained, taught, learned or come to rationalize; and, I am good with that. I am sorry anyone’s children or grandchildren must deal with HIV/AIDS; hopefully, someday, we shall find the cure. I do not agree that homosexual relationships are NOT faith-based. Like so many arguments related to homosexuality (and other sensitive topics) the rationale is circular and self-fulfilling. It should be no surprise that homosexuals who are not welcomed into a congregation, or who are shunned and rejected from a congregation they are in, do not seek the sanction of their particular faith for their life-partnership choices. Further, I find the notion that homosexual relationships do not “last” to be very disappointing; in that, under the stress of societal disapproval, of constitutional discrimination against them, and of general mindless homophobia, it is amazing that any homosexual relationship can withstand that kind of pressure. Nonetheless, there are many homosexual relationships that are not only enduring, they remain caring, devoted, loving, and nurturing relationships. If individuals were truly free to choose their partners and enjoy equal protection under the law, I think we would find that homosexual relationships would have a higher longevity than heterosexual couples. It must be extraordinarily difficult to maintain a relationship that general society and government condemns and forces to be hidden, and certainly not recognized under the law; and yet, we see homosexual couples survive and thrive despite the general homophobia around them. Lastly, more and more churches/religions/congregations are accepting homosexuals as equals. In this arena, I choose to err on the side of freedom and each individual’s inalienable right to his personal pursuit of Happiness; as a consequence, I offer my voice in resistance to those who seek to deny that right to any individual regardless of their sexual orientation. Because we may disapprove, does not give us the authority to deny equal rights and equal treatment under the law to anyone who is productive, respects the law, and conducts themselves properly in public.
I believe I understand your point. Now, I shall endeavor to explain my point. I believe there always has been, is, and always will be only ONE God. We may call Him by many different titles, names, references or forms, but at the end of the day, there is only ONE God. Each of us chooses how we wish to recognize God’s greatness; we are not born genetically with any pre-disposition toward one form of religion or worship. The fact that one man chooses to call God Allah and another chooses to see God in many facets or manifestations does not alter God. Further, the religion one chooses to best represent his beliefs is a matter of very personal and private choice, which should be no one else’s business but his. How I choose to worship God’s greatness does affect God’s greatness whatsoever, and He knows the purity of my heart. I respect the manner by which you choose to worship God’s greatness. I trust you will respect mine.
Peter was a good general, but he is also a flawed man, as we all are. Just because he wore four silver stars on each collar point does not make him super-human, more insightful, or even simply better than any of the rest of us. He is but a man. With respect to homosexuals serving in the military, I now believe he is wrong and clinging to a misguided homophobia of the past. But, hey, as Dennis Miller says, “That’s just my opinion, but I could be wrong.”

Another contribution from a different individual:
“I thought you might like to read this excellent article from the New York Review of Books. My subscription is one of the best Xmas presents my sister ever gave me.
http://www.nybooks.com/articles/22791 [see article noted above]
My response:
Now we can both be thankful for the present your sister gave you. I skimmed the article sufficiently to know there is value to the article beyond the review of books. I was not even aware of the books, either, which I will pass along. I need to read the article more carefully and do a little more research.”
. . . with this follow-up comment:
Yeah, it pretty much puts the kabosh to all current arguments against same sex marriage. What I found most pleasing is the argument that it is time to separate civil marriage from religious marriage--an argument I have been making for years. I actually have sympathy for the concerns of some churches that they might be forced to perform a ritual that flies in the face of their church's teachings. A clear violation of the free exercise clause. But, the other side of the coin are those churches who attempt to impose their religious doctrine on everyone through civil law. A clear violation of the establishment clause. We will probably end up like many countries and have two ceremonies--the legal one sanctioned by law, and the religious one sanctified by a church. Fine by me and long overdue.
. . . and my follow-up response:
I wish the kibosh was that simple, but alas, there are ignorant folks who chose to cling mightily to their dogmatic ideology rather than embrace reason and logic. C’est la vie.
I’m still tweaking my Update opinion, so I know I will add more as the mood strikes.
We do not need more proof of the wisdom of the “separate but equal is inherently not equal” observation from Brown v. Board of Education.
“Long overdue” indeed! Progress is slow. There will be setbacks as in California. I understand the Strauss v. Horton ruling, and the court’s need to take a very narrow view of the question before them. Yet, as I have written, Justice Moreno’s dissent puts a very sharp point on the issue at hand.

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

15 June 2009

Update no.391

Update from the Heartland
No.391
8.6.09 – 14.6.09
Blog version: http://heartlandupdate.blogspot.com/
To all,
Just a reminder, since the last few Updates have been at odd intervals and days, Update no.390 is the simple travelogue chronicle of our recent Caribbean cruise. This Update returns us to the usual fare.

By the way, just as a side note, we flew four legs last week on Delta Airlines. Every flight was over-sold and every seat was filled. As I recall, most Part 121 carriers break-even at some threshold in the vicinity of 65% load factor. So, Delta was making money last week. With all the add-on charges, the major airlines should be in the black.

The follow-up news items:
-- The Associated Press reported that Huzaifa Parhat [342-3, 357-8] and his 16 ethnic-Uighur, Chinese, battlefield combatant captives will be released and immigrate to the Republic of Palau – an independent, Pacific island nation in the Compact of Free Association with the United States since 1994. I have no idea whether Parhat and his buddies are happy with the move; yet, the deal must be better than their limbo status at the Guantánamo detention facility. This action ostensibly fulfills Judge Urbina’s order from In Re: Guantánamo Bay Detainee Litigation [USDC DC 05-1509 (RMU) (2008)] [358]. FYI, for those who may not recall their history, Peleliu, in the Palau Islands, was the site of a controversial, tragic and horrific battle during World War II. Later in the week, we learned that 4 of the 17 Uighurs have been transferred to Bermuda – to the consternation of Her Majesty’s Government – while presumably the remainder will go to Palau. Regardless, we apparently have a solution for Judge Urbina.
-- The UN World Health Organization (WHO) declared a Level 6 pandemic for the current Influenza A / H1N1 outbreak [384 & subsequent], as infections mounted in the U.S., Europe, Australia, Central and South America and elsewhere, marking the first global flu epidemic in 41 years. The action acknowledges only the spread of the current virus, and not the severity of the illness.
-- The DPRK’s Grand Dear Leader Umpa-Lumpa [129, et al] must be happy now. He finally has the attention of the world on him. Isn’t ego-centric narcissism fascinating to watch? The UN Security Council passed Resolution 1874 imposing new sanctions on the DPRK for its recent provocative actions, threatening world peace. As should be all too familiar, Kim Jong-Il and the DPRK impetuously convulse periodically when they do not get the attention they feel they deserve. They want to play with the big boys, but they don’t know how.
-- The Islamic Republic of Iran (IRI) [143, et al] held elections on Friday. The government Ministry of Interior declared incumbent President Mahmoud Ahmadinejad [203, et al] defeated his principal challenger Mir-Hossein Mousavi Khameneh. The election results are being questioned, and the government’s post-election actions are quite suspicious. I suspect the results of this election are not settled. With events like the IRI presidential election, I am reminded of Joe Stalin’s famous observation: “It is enough that the people know there was an election. The people who cast the votes decide nothing. The people who count the votes decide everything.”

We were at sea, on-board the MS Carnival Valor on Sunday, 31.May.2009 [390], when our former neighbor and a good, family man – Dr. George Richard Tiller, MD – was murdered in the entry foyer of the Reformation Lutheran Church in Wichita, as he performed usher duties for his church. We knew George and his wife Jeanne. His children went to school with our children. Jeanne sang in the choir, heard the gunshots, and instinctively knew what happened. After being shot in an attempted assassination in 1993, George wore a bullet vest at all times when he was in public, except when he attended church. He was protected by U.S. Marshals going to and from his clinic. Scott Roeder of Kansas City, Kansas, has been charged with George’s murder. Question: How many anti-choice advocates have been killed, injured or assaulted since 1973? That answer ought to tell us a lot about the moral values of the perpetrators of these despicable crimes. In an unusual action, the House passed Resolution 505, “Condemning the Murder of Dr. George Tiller, Who Was Shot to Death at His Church on May 31, 2009.” The bill was introduced by Representative Louise McIntosh Slaughter of New York and agreed to unanimously [House: 423-0-0-10(2)]. To my surprise, even our local representative, Todd Thiart voted YEA; I expected him to miss the vote, or vote present. Lastly, I hope Roeder gets the punishment he deserves.

Circa 01:33 UTC, 1.June.2009 [22:33 ADT; 31.May.2009], Air France Flight 447 was lost during a flight across the Atlantic Ocean from Rio De Janeiro, Brazil, to Paris, France, with 228 passengers and crew. The area of lost contact was 350 miles north-northwest from Natal, Brazil. The airplane was an Airbus A-330-200 – only four years old. They apparently hit serious turbulence in the Inter-Tropical Convergence Zone . . . thunderstorms well above the flight levels of commercial airliners. Air France indicated they received 24 in-flight, digital, maintenance transmissions in the minutes prior to loss of contact. Various sources suggest the messages indicated progressive system failures. The difficult search has identified at least two debris fields 40 miles apart, and recovered 41 bodies and airplane remnants, which probably means an very rare in-flight breakup. This is going to be a very difficult incident to resolve.

President Barack Obama chose the University of Cairo, Egypt, to give a major outreach speech he called a “new beginning between the United States and Muslims.” He went on to say, “This cycle of suspicion and discord must end.” The President spoke to a broad range on important points, including the issues of Iraq, the situation between Israelis, Palestinians and the Arab world, nuclear weapons, democracy, religious freedom and women's rights. The President flew to Weimar, Thuringia, Germany, and joined Chancellor Merkel for a remembrance speech at the Konzentrationslager Buchenwald – one of many Nazi death camps. Barack continued his journey to make another remembrance speech at the Allied cemetery at Colleville-sur-Mer, Normandy, France, to acknowledge the extraordinary sacrifice on 6.June.1944, to free continental Europe from Nazi tyranny.

Apparently, Usama bin Ladin was none too happy with President Obama’s gesture to Muslims. He accused Obama of being George W. Bush. I imagine he thought that quite the insult.

The Supreme Court refused to hear the appeal of Captain James E. Pietrangelo, II, USA – Pietrangelo v. Gates [08-824 (2009)] – a challenge to the government’s “don’t ask, don’t tell” policy [PL 103-160; H.R.2401; 10 U.S.C. §654] [312], forbidding gays and lesbians from serving openly in the military. What grates on supporters more than the Supremes’ rejection was the request by the Obama administration to deny the petition. And, so it goes!

New Hampshire joined a growing list of states recognizing the equal rights of all its residents to marry whom they choose regardless of sexual orientation, when Governor John H. Lynch signed the companion bills HB 436 and HB73, to authorize non-heterosexual individuals to marry, effective 1.January.2010.

Congress passed the Family Smoking Prevention and Tobacco Control Act of 2009 [H.R.1256; Senate: 79-17-0-3(1); House: 307-97-0-30(1)]. The President is expected to sign the bill into law next week. The non-smokers of the world will laud this latest do-good, feel-good law, after all smokers should not be smoking anyway – it’s bad for their health. As much as we would like to “save” the smokers from themselves, this is bad law, and the kind of law we should all rail against. This is not about public conduct, or public environmental safety. This law is about protecting the individual from himself, and controlling his privacy behavior. This is yet one more example of the government imposing itself upon a citizen’s right to choose how he wishes to live his life. I urge the present to veto this foolish legislation. Unfortunately, I hold little hope for wisdom to exceed the do-gooder urge.

In a classic al-Qaeda style attack, killers managed to assassinate moderate Pakistani cleric Sarfraz Naeemi in Lahore, Pakistan. The attack was thought to be retaliation for Naeemi’s advocacy to his followers to resist the Taliban and al-Qaeda. This is what radical, fundamentalists and their terrorist operatives do to folks that resist them. I mourn the loss of moderate clerics like Sarfraz Naeemi.

President Obama nominated Representative John M. McHugh of New York to be Secretary of the Army. The President continues to select members of the opposition for executive appointments in his administration.

News from the economic front:
-- On Monday, 1.June.2009, the once largest corporation in the world and venerable automotive company, General Motors, declared Chapter 11 bankruptcy, and was dropped from the Dow Industrial Average. The company also announced that former AT&T CEO Edward E. “Ed” Whitacre, Jr., will become chairman of the reorganized GM when it emerges from its bankruptcy proceedings. Kent Kresa will remain interim chairman.
-- After all the quick court actions up to and including the Supremes, Chrysler and Fiat finalized their government-sponsored merger. The new company will operate as Chrysler Group LLC. When the new company emerges from bankruptcy, C. Robert “Bob” Kidder, 64, [388] will be chairman, while Fiat Chief Executive Sergio Marchionne, 57, will manage day-to-day operations.
-- Automotive industry sales continue to decline. Sales figures for May 2009 show: Ford, -24%; General Motors, -29%; Nissan, -33%; Honda, -39%; Toyota, -41%, and Chrysler -47%.
-- According to the Wall Street Journal, Citigroup has told five former top executives that it will not pay them millions of dollars in promised severance payouts. Interesting, now they are like the rest of us.
-- Federal Reserve Chairman Ben Bernanke must have found some breathing room, as he is now urging Congress to reduce the nearly US$2T budget deficit. Ben observed that the government cannot borrow “indefinitely.” Quite a revelation, it seems to me. Bernanke also observed that the rate of economic contraction appears to be slowing, which may signal a return to growth later this year.
-- The Securities and Exchange Commission (SEC) charged former Countrywide CEO Angelo R. Mozilo [358] and two other company executives with civil fraud, for allegedly concealing shareholder risk.
-- The Wall Street Journal reported that Bank of America's Board of Directors brought in four new members with banking experience. They include: former Federal Reserve Governor Susan Bies; former FDIC Chairman Donald Powell; former Compass Bancshares CEO D. Paul Jones; and former Bank One executive William Boardman.
-- FDIC Chairman Sheila Bair is stepping up the government’s pressure on Citigroup, which does not bode well for the bank’s top management, including Chief Executive Vikram Pandit. The FDIC’s moves against one of the nation's largest and most troubled financial institutions is setting up a bitter clash between regulators -- some of whom disagree with the FDIC’s position. Citigroup claims Bair is overstepping her authority. This confrontation will be one to watch.
-- The Obama administration appointed Kenneth R. Feinberg to oversee the compensation of 175 top executives at seven of the nation’s largest companies. Since this is not part of any law, this initiative may be yet another Executive action that might wind up in court. [Odd related “sensation:” Many accused W. of exceeding presidential authority in deal with Islamic fascists; could it be that Barack is doing the same with American business?]
-- The Federal Reserve’s Beige Book survey shows that economic conditions remain weak and even deteriorated in many regions of the country, with commercial real estate and labor markets continuing to face significant challenges. Some of the 12 Fed districts see the recession easing a bit, but they are not expecting a significant boost in economic activity in 2009. Despite massive federal injections into credit markets, consumers loans remain difficult to obtain.
-- The Treasury Department removed blocks for 10 big banks to begin repaying up to US$68B in TARP funds, which suggests an easing of the government's grip after an unprecedented series of interventions. The New York Times reported that Goldman Sachs, JPMorgan Chase and eight other large banks have been deemed strong enough to wean themselves off of taxpayer resources.
-- The unfolding tension between the government (Treasury Secretary Paulson and Federal Reserve Chairman Bernanke), and Bank of America and the bank’s CEO Ken Lewis over the bank’s acquisition of troubled investment firm Merrill Lynch suggest extraordinary, unprecedented government intervention in the business of a bank. The tone of the progressive disclosures has a feel of a “shotgun wedding.” I surmise there will be more than a few books written on this issue alone.
-- U.S. retail sales rose 0.5% in May, posting their third increase in five months. Much of the gain was due to higher petrol prices. Excluding gas sales, the increase was up 0.2%.
-- The number of U.S. workers filing new claims for jobless benefits fell unexpectedly last week, down 24,000 to 601,000.
-- The German newspaper Der Spiegel reported that the Italian Guardia di Finanza – the country’s border and customs guards – stopped two men at the Swiss border carrying bonds worth US$134B (€95.8B). Speculation regarding the event covers a broader spectrum, none of it good.

Comments and contributions from Update no.389:
“I would like to comment on the totality of the excerpt of your comments below: I would like to compare the validity of your comments vs. those expressed some time ago by General Peter Pace with respect to homosexuality, and to do so in the context of your respective achievements in responsible command capacities. On the one had I see a total disrespect for informed responsible disciplined compliance for the rule of law vs. an anarchistic denial of any moral boundaries of human conduct.
“It is I believe blatant blind foolishness to question why people might be ‘mortally afraid of homosexuals.’ Yes, homosexuality is contagious; once one is subjected, voluntarily or involuntarily, to homosexual activity they are permanently damaged goods and cannot in fairness to a would-be heterosexual partner ever again seek a heterosexual relationship. And, yes, as is also true of unsafe heterosexual promiscuity, there is an unreasonable risk of STD (Sexually Transmitted Disease) such as Herpes, AIDS and related illnesses which may not evidence themselves until decades after the exposure.
“I would disagree emphatically that your observations are those of a humble citizen; nor do I agree with you on an ‘implied’ meaning of ‘man,’ nor that ‘Married, adult, heterosexual, intra-racial couples were denied access to contraceptive information until 1965,’ etc. I believe these observations are total are absurd.
“I do believe that anyone who insists that ‘There Is Only One GOD’ lacks any substantial understanding of what and who Any GOD is. I do believe that while our founding fathers thoughtfully and wisely choose to exclude Theology from ‘The Articles of Confederation’ and ‘The Constitution of the United States of America,’ that it is evident that they collectively embodied the principles and moral codes of Judeo-Christian Faith in their public and private lives and specifically in documentation leading to those documents. I am troubled by your rejection of those moral codes in your own advocacy.
“Again I would invite a consideration of my ‘Personal Philosophy’ and amending thoughts posted on my website: http://www.hermanosborne.com.”
My response:
I have not served as a general officer; I am but a paltry, retired, lieutenant colonel. Peter Pace served this Grand Republic to a far higher level than me. Yet, he is just a citizen with an opinion like you and me – no better, no worse; no more important or less important. I think he is wrong, misguided and ill-informed, just as he thinks I am wrong . . . if he even knows who I am. C’est la vie.
I have not been able to make the connection to your “informed responsible disciplined compliance” statement. Would you be so kind to take another pass at an explanation for me?
Perhaps my questioning of social issues is “blatant blind foolishness.” Nonetheless, I do question many things in my life, in our society, and in our world. I am a natural inquisitive person. I question all teachings.
I would greatly appreciate some explanation to your opinion that “homosexuality is contagious.” What is your opinion based upon? How is homosexuality contagious, by what medium? What evidence can you offer to support your opinion? Why do you think the risk of STD is any greater among homosexuals than heterosexuals? Do you know any homosexuals personally? Have you talked to them, tried to understand them?
I strongly urge you to read Griswold v. Connecticut [381 U.S. 479 (1965)], Loving v. Virginia [388 U.S. 1 (1967)], and Dred Scott v. Sandford [60 U.S. 393 (1856)]. My observations are neither unfounded nor absurd.
We are each entitled to believe what we wish to believe. If there is not “only one God,” then how many are there? I am not sure what point you are trying to make. I do not understand how you reached the conclusion that I “reject[]” “those moral codes,” whatever “those codes” may be.
More to my point, by what right does one citizen (or group of citizens) have to impose their beliefs on me, or on you, or on any other citizen? What right do We, the People, have to intrude upon the private choices of another citizen? If it is OK for the majority to decide what choices each of us can make, I presume you accept that a different majority can decide what choices you make in the privacy of your home? Depending on the answers to these questions, I must ask, what does freedom mean?

No comments or contributions from Update no.390.

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

11 June 2009

Update no.390

Update from the Heartland
No.390
30.5.09 – 7.6.09
Blog version: http://heartlandupdate.blogspot.com/
To all,
The cruise!
. . . published late the following week.

[NOTE: the eMail text version will not include images; the file has become simply too large. For those who wish to view the images, please visit the blog site noted in the header title.]

Saturday, 30.May.2009:
Jacy & Tracy along with Aspen Shae & Shalee Lynn joined Jeanne & me on a celebratory, anniversary cruise through the Western Caribbean. We departed Wichita early Saturday morning, flying through Atlanta to Miami, to spend the night in a local hotel. We did not want to miss our embarkation time. For the sailors & Marines reading this Update, we know what that means. The remnants of Delta frequent flyer miles from my stint in Italy came in quite handy and covered the girl’s travel.

We arrived in Miami on time, with overcast skies and scattered light rain. Since it was late in the afternoon – actually early evening – we went to dinner at a nearby restaurant recommended by the hotel manager – Peru Place. The menu – in Spanish with English subtitles, kinda like many establishments in Europe – offered an odd combination of South American and Asian cuisine – ample portions at a modest price. Although located near the airport, so not in the tourist-y part of town, it was a very nice meal; we all enjoyed it.

Sunday, 31.May.2009:
Miami, Florida – Embarkation & Departure Day.

We gathered back up in the morning at the hotel restaurant for breakfast. I say this to note that while everyone else had traditional American breakfast cuisine, I decided on a Cuban sandwich, comprised of Cuban bread, Serrano ham, sliced pork sausage, Swiss cheese, and dill pickles. Everyone got a bite, and everyone loved the sandwich, not least of all, me.

We left the hotel by pre-arranged, motor coach at 11:00 EDT and arrived at the port terminal 30 minutes later. Our check bags were collected as we left the bus. Part of the cruise document bundle of specific, unique packets of information included pre-printed baggage tags with our stateroom number. The advice given told us to pack a small bag of whatever we might need until mid-evening . . . the delivery of bags would take more than a few hours; good advice. So, we had a small duffle bag on wheels, and of course, my computer bag with book and laptop plus our folder of records, research and associated cruise information. First checkpoint . . . security screening . . . virtually the same as the process used at major airports. This point was the first check of our embarkation documents [passport identification and the travel packet (tickets)]. They also handed each adult an Influenza A/H1N1 questionnaire and information sheet. A large check-in gallery and waiting lobby was the second checkpoint. Cruise line personnel checked our passports, reviewed and retained out Swine Flu questionnaire, and provided us each with a combination, printed, magnetic strip, plastic card that served as our on-board ID card and on-board charge card. We waited in the over-crowded, check-in hall until they called our boarding zone. We were Zones 15 & 16, and were called to board at 12:45. We had our picture taken in front of a tropical, sunset backdrop (for commemoration rather than identification purposes). We boarded the MS Carnival Valor via a glass enclosed, snaked gangway (rather well done engineering design, I might add). On board, they checked our passport and ship ID card one last time, and also took a digital identification image, presumably recorded on the card and for their files. In the pre-board information packet and various other bits of information indicated our staterooms would not be available 13:30, 14:30 or at late as 16:00. Ship’s personnel told us lunch was being served on the Lido Deck (Deck 9), so we trundled up (actually rode an elevator) to Deck 9. A large, wide variety, buffet restaurant facility covered most of the length of the ship – about half enclosed and half with various pools as well as covered and uncovered tables, chairs and lounge sun-chairs. Finding a table for six was no easy trick; nonetheless, we eventually had a bite to eat and much needed iced tea. We made it to our staterooms at 14:30; ours had the door propped open and appeared to be ready.

We unpacked our small duffle bag and familiarized ourselves with the accommodations – not large but large enough for a nice king-size bed, modest shower room, and a couch/hide-a-bed with a small table (which I am using for my writing station). Each stateroom comes with a stocked, mini-bar (typical hotel prices) and a small television with satellite service. Every stateroom had good strong, wireless coverage. However, access beyond the Carnival websites was a rather pricey affair – US$100 for 250 minutes, or US$0.75 on a per minute basis – clearly not a feature they intended for general usage. Needless to say, being connected during the cruise week was just not that important to me. The laptop works just fine for this chronicle . . . thank you very much. We took a quick tour of the ship to peg the locations of most points of interest.

The mandatory Lifeboat Drill was held at 15:40 EDT to exercise the emergency process and familiarize every passenger with their emergency muster station (ours was ‘Delta’), the proper donning of the life-vest floatation gear; the process took 20 minutes to accomplish. Our Lifeboat, one of four for Muster Station D, was an enclosed, powered, 150-person, orange & white boat, which would be lowered to the water by a winch-gantry, if necessary. The ship departed at 16:30 EDT. It was overcast with intermittent rain showers; however, we did manage to find a short period for a topside railing view while leaving port.
Jeanne and the Port of Miami
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My apologies for the dark image, but that was the nature of the day. Despite the poor photograph, I publicly profess my love for the foreground person in the image.

We ate our evening meal at the 18:00 sitting [the late sitting was 20:30 – way too late for me]. Our assigned Table 526 was located at the stern with only a large, plate glass window between us and the trailing wake. The menu selection was pretty good. All our meals were thoroughly enjoyed, but it was the groans of pleasure emanating from the ladies’ consumption of the Crème Brûlée that punctuated the meal. After dinner, we found the kids’ clubs, one for each of the girls – a kind of get-acquainted affair – very well done. The women decided to hit the casino (not my thing), so I retired for the evening. When we returned to the stateroom, as was the case each evening, a clever little towel scripture greeted us.
Evening Towel Sculpture
[Evening towel.jpg]


Monday, 1.June.2009:
At Sea.

A low key day of sun and relaxation . . . well, for some of us, since my sun days are over, at least without SPF Infinity sun block. We had the Captain’s welcome aboard dinner. I reluctantly donned at conservative suit & tie, since I do not own a tuxedo (I probably should but I don’t). We took a number of family photographs, both professionally and personally. The kids went to their little parties. The ladies did their requisite duty at the casino, and fortunately, Jeanne came back to the room that evening well to the good.
The Six of Us
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Perhaps of interest to the nautical types, the ship remained on Eastern Daylight Time (EDT, the time zone of our departure), presumably to make scheduling easier for folks not accustomed to changing time zones at sea. Thus, all times noted in this humble chronicle are in EDT.

Tuesday, 2.June.2009:
George Town, Grand Cayman, Cayman Islands, British West Indies

Two Carnival Lines cruise ships pulled into and anchored at 07:00 – our ship, MS Carnival Valor, and MS Carnival Liberty. Shortly thereafter, SS Disney Magic and MS Carnival Glory anchored adjacent to us. I could only get three of the four ships in frame; the Liberty is out of frame to the left; our ship – the Valor – is the closest ship.
George Town Anchorage
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It appears it was pay day for George Town. As we anchored and configured for tendering, we watched the sunrise over Grand Cayman. I noticed an unusual sailing ship anchored not far off our port bow – a 3 mast-er, squared-rigged affair. As it turned out, the ship was a motorized, propeller-driven replica of a bark-rigged, race built galleon – a hull & sail configuration popular among European navies, privateers, and pirates in the 16th & 17th centuries [photographs added below].
Sunrise at George Town
[Cayman 090602A.jpg]
Replica Pirate Ship
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I hope I can depend upon the sailors on the Update list or who visit the blog to correct me, if I did not get the sail rigging and configuration correct. The vessel did add a nice touch to our Cayman visit.

We all had breakfast together, and took one of the first ferries to shore. It seemed the ladies wanted shopping, so the cash cow became the pack mule as well. While they did their shopping, I sat outside people-watching – a favorite past-time of mine, and far preferable to shopping. Near lunchtime, we stopped at Margaritaville, which had a small pool and water slide for the girls, a large bar, many tables, and a rather raucous set of entertainers using all-too-familiar, rock, country and tropical music, along with amble free shots of tequila dispensed without the benefit of the shot glass. Tracy was the only one of us brave enough to participate. What a riot! The ladies sent me back to the ship for my afternoon nap – being the old fogie I am. No sooner had I showered, Jeanne showed up . . . seems they had had enough shopping. So, we took a nap together – always a pleasure. The ship departed promptly at 16:00. The kids made friends in the blink, and they were off and running . . . hard to corral them. Everyone scattered about the ship for the evening, and of course, fuddy-duddy ol’ me hit the ‘puter . . . too many on-going writing tasks.

Wednesday, 3.June.2009:
Coxen Hole, Isla Roatan, Honduras

The island is one of several islands roughly 60km off the northern coast of Honduras. The island is a long, narrow, and rather sparsely populated. The pier was a substantial, concrete, single ship affair tucked into a cove in the reef with just enough room for the ship to turn on its vertical center by using its side thrusters to reach the pier. We docked at 12:00. None of us could agree on any of the tours, so we decided to do a little walking tour and shopping . . . oh yeah, my favorite activity. We were welcomed to Roatan by a unique West Indian percussion and dance troupe in odd costumes that seemed to combine African and Caribbean themes – sights & sounds below our stateroom.
Native Dancers on Roatan Pier
[Roatan Dancers.jpg]

We learned that cruise lines have only opened this port of call in the last two years. A small compound of shops just onshore from the pier was all new. We were advised by the ship not to venture beyond the fence except on an approved tour – not exactly an endorsement of confidence. Since we chose not to take a tour, we did not spend much time ashore. Well, actually, I did walk out a sufficient distance to obtain a few, good images of the ship, and there were no issues. Before we re-boarded, a young, fellow traveler offered to take our picture.
Our Touring Troupe on Isla Roatan
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Back onboard, we returned to the routine we seem to have adopted. The ship departed promptly at 19:00 as we were finishing our evening meal. Since the Washington Dining Room (which actually occupied two decks with large panes of glass) was at the stern, we got to enjoy the ship’s departure maneuvering while we dined. After dinner, Jacy & Tracy got the kids into their evening activities, and we met at Guest Services to arrange the next day’s agenda. Once the business was done, the ladies were off the casino . . . again!

Thursday, 4.June.2009:
Belize City, Belize

Not a great distance between these ports of call, we putt-putted along at a mere 10 knots. I sat out on our stateroom balcony during morning nautical twilight as I have done each morning to enjoy the sunrise at sea. This particular morning, I was treated to a delicate dance by our ship and another Carnival cruise ship as they weaved through the barrier reef, like a skier on a slalom course, toward the anchorage. We passed numerous small reef islands along a channel marked (loosely) by blinking red & green lights, like the white runway lights, until we reached the interior waters, then transited to our anchorage. Red, right, returning . . . as the sailors say. Bow and stern thrusters billowed up clouds of sands as we neared our anchorage, which means the depth beneath the keel was not great. We anchored at 08:00, approximately 10 miles off the coast, about halfway between the shore and the barrier islands. The first launch to Belize City departed shortly after we dropped anchor.

The girls wanted to snorkel, so we all signed up for a ship-sponsored, barrier reef, snorkeling excursion. We boarded a good sized, powered catamaran, dive boat from the ship. The boat ran out through the barrier islands of mostly mangrove trees to a specific, prepared area of the reef. They had pre-set anchor buoys to avoid damage to the reef. We all went in the water, except Jeanne who stayed on the boat for some extra sun, as if she needed it. Everyone (well at least those of us who went in the water) enjoyed the experience. Poor Shalee struggled with her snorkel – the mouthpiece was a little too large for her mouth – but, she handled the challenge like a champ. The difficulty for me was keeping track of my charges with so many people from a half dozen dive boats. The reef was not the most colorful I have visited, but it was certainly representative of a barrier reef. We were told the Belize reef was the largest in the Caribbean and the second largest in the World – perhaps so. For the young ones’ first time, it was a nice event.
Shalee Lynn Ready
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Aspen Shae Nearly Ready
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The Great White Whale
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With everyone back on deck, the boat departed the reef for small barrier island for short, shore break. The crew served complimentary rum punch – delicious, I might add. The girls had a light bite to eat. Back on the boat, the rum punch flowed again for the 20 minute ride back to the ship. Jacy & Tracy over-indulged-a-smidge and paid the price, yet they recovered quickly.

We departed our anchorage shortly after 17:00. The dinner menu did not appeal to anyone except me, so “we” decided to catch as catch can. Jeanne tried the sushi; I made a meal of the Japanese cuisine; then, we went to Rosie’s Restaurant where Jeanne enjoyed a more conventional meal. Aspen and Shalee joined us. Jacy eventually made it up as we got some light fare & iced tea to help her recovery. I retired. All the ladies attended the “biggest party of the cruise” on the Lido deck (pools, mostly outside, & casual dining). In the after action report, they went full throttle until well after midnight. Of course, I was long gone to never-never-land.

Friday, 5.June.2009:
At Sea

Mostly sun, for those so inclined, as well as preparations for customs, immigration and debarkation. We took advantage of the day at sea . . . at least until we reached the clouds.

Off the western tip of Cuba, we passed a U.S. Coast Guard cutter on an opposite course, probably on patrol . . . primarily for smugglers, I would imagine. Shortly thereafter, we entered overcast skies and scattered rain showers with occasional lightning – our first inclement weather since departing Miami. We took a nice group photograph to commemorate our adventure.
The Group One More Time
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Saturday, 6.June.2009:
I remembered this date – 65 years ago – when so many men from Great Britain, Canada and the United States, along with other Allied forces, made such horrendous sacrifice in Operation OVERLORD, to free Continental Europe from Nazi tyranny. May God bless and rest their immortal souls.

Key West, Florida, United States of America

The weather was quite warm, with a trade wind breeze, and nearly ideal for this time of year. We docked at 07:30. First order of business – we all had to clear Immigration before leaving the ship, or even if we had no intention of leaving the ship. Our scheduled time was 09:30. They called us early. The line moved steadily. We completed the process in about 10 minutes – much better than expected, given the number of Americans on-board.
The Girls in Key West
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The kids wanted to do their own thing, so off they went. Jeanne and I took a leisurely walkabout. Of course, we had to visit Duval Street. We passed Capt. Tony’s Saloon, which is reportedly where Jimmy Buffet got his start and big break. Our day was fairly calm. We did manage to buy a very nice, anniversary ring for Jeanne, to remember our week of pleasure and our years together. Jacy & Tracy took some time for themselves. Aspen & Shalee joined us for our last evening meal aboard MS Carnival Valor.

We had to pack up our personal effects and place the bags outside our stateroom door prior to midnight. The baggage would be staged and off-loaded in priority order. Jeanne and Jacy managed to get in a run at the Powerball Bingo game worth US$5K. Actually, the full jackpot was only payable if you hit Bingo in 50 numbers or less, and with the G47 ball – a very long shot, I suppose. They did not win, but they did have fun, and that is what counts. I completed the packing process and put the bags in the passageway, outside our stateroom, prior to 22:00.

Sunday, 7.June.2009:
Miami, Florida -- Debarkation

We used the ship’s Express Baggage Handling program, which must be arranged several days before debarkation. They pick up all our check baggage the night before docking. The bags are taken directly to the airport and processed through to our final destination – no need to hall it to the airport. Plus, we get priority debarkation. I wrote the previous four sentences several days earlier to capture the essence. Then, the night before debarkation, Guest Services sent us a letter saying that our Express handling request had not been approved. The request for Jacy, Tracy & the girls was sealed and done. Apparently, I did not use both airline reservation confirmation codes – only there’s. My bad! So, we had to retrieve our baggage at the terminal carousel, lug it to the airport, and check in by the conventional process. Regardless, we should get a good comparison, since our little troupe will be using both processes.

We entered the Port of Miami before dawn. The ship had to spin a-180 in a confined space – pretty good boat handling for a ship that size. We docked at 06:15, presumably to give the ship’s company time to get ahead of the debarkation process.

We woke up to find Jeanne’s left ankle and foot swollen with two, red, slightly raised marks above her interior ankle bone. There was substantial swelling, minor bruising and a reddened rash – the image does not adequately show the signs on her lower leg. We tried to see the ship’s doctor, but no joy during debarkation unless it was an emergency. My concern was Deep Vein Thrombosis (DVT), given our scheduled flights – too much swelling and bruising. We even talked about remaining in Miami to see a doctor before flying.
Jeanne’s ankle
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We went topside for breakfast at 07:30 – one last big breakfast. We cleared our stateroom prior to the 08:30 deadline, taking our hand-carry items with us to the Lido Deck (Deck 9), where we all gathered to wait our debarkation call. Our number was 16. The self-service folks off-loaded first. Our number was called at 09:30. Retrieving our baggage off the carousel took 30 minutes – not as organized as I expected. The girls’ bags went from stateroom to Wichita. Customs was a breeze. Jeanne found a large van driver; we piled in along with four other folks from the ship for the 30 minutes ride to Miami International. We tried to get an earlier flight; again, no joy, everything over-booked. After check-in (a bit surprised they took our bags five hours before departure but they did), we tried to find a doctor to check Jeanne’s leg – no joy there either; seems they had an office but never had a doctor or even a nurse. As we considered what we were going to do, a woman who claimed to be a pharmacist talked to us. She thought Jeanne may have been bitten by a peculiar insect or spider, which produced an allergic-type reaction. She suggested aspirin to thin Jeanne’s blood; we found some Bayer in a news shop. Once through security, we found an empty area near our gate and settled in for the long wait. We put Jeanne on the floor with her feet on a chair, well above her head & torso. As we watched her ankle, the swelling diminished. I hit the laptop to capture a few thoughts for this Update. Aspen Shae patiently waited for me to finish so she could update her Facebook page . . . just in case Carter (her friend from the ship; lives in Indianapolis, BTW) might check-in.
Aspen & Poppi
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We gave Jeanne another dose of aspirin just prior to boarding our flight. Our flight out of Miami took off on-time at 16:02, and arrived in Atlanta at 17:20; then the nightmare began. Over the next four plus hours, we endured three gate changes and more than a half dozen departure time changes with a plethora of lame excuses of weather, to minor maintenance, to a fresh flight attendant, yada yada yada. It was the worst managed situation I have experienced since I can remember. Everyone handled the convulsions well, yet I must confess to discussions regarding calling it a day and spending the night. We stuck it out and pressed on. We finally took off eventually. As we approached Wichita, the prevalent lightning did not sit well with Jeanne – I had the marks on my arm to prove it. The pilot maneuvered to minimize the turbulence and ultimately chose to land between two thunderstorm cells. It was a rough approach, but he got the airplane on the runway safely.

Tracy & Jacy decided to call Tracy’s daughter Sam (Samantha) to pick them up to save us the little extra distance and time. Our baggage off-load was delayed due the lightning. All the bags eventually arrived. We arrived home at 23:30 CDT. By the time we settled things down, it was 00:30 CDT – a very long, turbulent day and half a night. I had to go back to work in a few hours. Nonetheless, we all enjoyed a fantastic week. Now, it is back to life as a common citizen.

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