Update no.410

Update from the Heartland
No.410
19.10.09 – 25.10.09
Blog version: http://heartlandupdate.blogspot.com/

To all,
The follow-up news items:
-- Government documents like General McChrystal’s Battle of Afghanistan assessment [406], or the Office of Legal Counsel memoranda [381, 384], or the notorious warrantless wire-tapping or torture disclosures [284 et al] make interesting reading and fertile fodder for public debate. The penchant for political leakage began in earnest with Daniel Ellsberg and the Pentagon Papers [1971]. Leaks for right leaning civil servants are just as injurious as those by left-leaning civil servants. McChrystal’s assessment should have only appeared in public 20 or so years from now when declassified and as part of a history book on this era. Our toxic partisan political arena will encourage those civil servants with access to sensitive information to “leak” documents to serve their perception of political purpose.
-- Our system of justice assumes at its most basic level that people are inherently good, peaceful, and law-abiding; thus, we have many levels of protections to place the burden of prosecution on the State rather than the citizen. We have enacted laws in our attempt to deal with “organized crime,” e.g., the Racketeer Influenced and Corrupt Organizations Act (RICO) enacted by the Organized Crime Control Act of 1970 [PL 91-452]. We even have established case law regarding prisoners of war. As we have discussed, we do not have established / settled law with respect to stateless, trans-national terrorists and their supporters [025 et al ad infinitum]. Former U.S. Attorney General Judge Mike Mukasey gives us excellent, insider rationale for avoiding the criminal justice system when dealing with Islamo-fascist, jihadistani terrorists.
“Civilian Courts Are No Place to Try Terrorists”
by Michael B. Mukasey
Wall Street Journal
Published: October 19, 2009; 11:06 A.M. ET
http://online.wsj.com/article/SB10001424052748704107204574475300052267212.html?mod=djemEditorialPage
-- Almost as predictable as the Sun rising in the East every morning, the Islamic Republic of Iran accused Great Britain and the United States of aiding and abetting the Baluchi attack that killed five senior Islamic Revolutionary Guards Corps officers [409] – ah yes, the ol’ refrain . . . the Great Satan America is always “their” nemesis. It just could not be that a local minority was unhappy with the oppression of the IRI regime.
-- The Justice Department announced they would no longer prosecute citizens who are legally using, selling or supplying medical marijuana. Long journeys begin with small steps. We must end the war on drugs [119 et al ad infinitum]
-- We learn the identity and conduct of the two French brothers arrested and interrogated by the DCRI for terrorist activities [408] – Adlene and Halim Hicheur. We have much more to learn about these educated brothers; thus, they are two more names we need to pay attention to in the War on Islamic Fascism.
-- The Episcopal Church and specifically the Church of England continues to struggle with non-heterosexual and female priests [174, 263, et al]. Now, Il Papa and the Roman Catholic Church have decided to inject themselves into the philosophical conflict . . . perhaps to make a public and/or ecclesiastical statement, or to begin building a bridge across the chasm that opened up in 1532. The Pope has offered Anglicans an opportunity to return to the fold with an enticement that they can retain of their Anglican liturgical traditions (which are at odds with Catholic processes). Apparently, some have already begun the conversion. This could be very interesting on a variety of levels.

The same Op-Ed column was published under two different titles, which is why I have included both titles and links to offer a slightly more inclusive image.
“Reefer sanity – The marijuana lobby goes mainstream”
by Kathleen Parker
Washington Post
Published: Wednesday, October 21, 2009
http://www.washingtonpost.com/wp-dyn/content/article/2009/10/20/AR2009102003084.html
“Will women help bring sanity to drug laws?”
by Kathleen Parker
Wichita Eagle
Posted: Friday, October 23, 2009
http://www.kansas.com/opinion/story/1023670.html
It is a start! We have such a long way to go.

News from the economic front:
-- The fall was swift and sure. The hedge fund company Galleon Group is going out of business after the arrest of its founder Raj Rajaratnam [409] and facing an estimated US$1.3B in withdrawals of the US$3.7B in assets Galleon manages. Further, two of the brokerage firms Galleon normally deals with – Bank of America Merrill Lynch and Barclays – informed Galleon they will no longer trade securities positions with the fund firm.
-- California Attorney General Edmund G. Brown Jr. [AKA Governor Moonbeam] has filed suit, accusing State Street Bank of defrauding his state’s largest pension funds – CalPERS [409] and CalSTRS [California State Teachers’ Retirement System]. Brown seeks to recover US$200M in alleged overcharges and penalties, and who knows what else when that can of worms gets opened.
-- The Federal government’s compensation czar, Kenneth Feinberg, has demanded a host of corporate governance changes at seven firms receiving large sums of TARP funds, as well as significant cuts in total compensation for 175 senior employees. The companies under Mr. Feinberg's authority are:
- AIG
- Bank of America
- Citigroup
- General Motors Co.
- GMAC Inc.
- Chrysler Group LLC
- Chrysler Financial
The reduction in total compensation will average about 50% with some as high as 90%, and a substantial portion of their compensation to be transformed from cash to long-term stock options, to emphasize stable corporate health rather than typical short-term gains.
-- The statistics bureau for the People’s Republic of China reported the country’s economy grew 8.9% in the third quarter from the same period a year earlier, accelerating from the second quarter's 7.9% growth rate. The PRC’s economy appears to be gaining momentum beyond the government’s massive stimulus program.
-- Finnish handset maker Nokia filed a suit against Apple in the Federal District Court in Delaware, alleging that Apple’s iPhone infringes upon ten Nokia patents, which are fundamental to making devices compatible with one or more mobile standards. Nokia claims it has invested approximately €40B in research and development, and accused Apple of failing to adequately compensate the company. I suspect this case will take quite some time to play out and will be very interesting to watch.
-- The UK Gross Domestic Product (GDP) dropped 0.4% in the third quarter, much weaker performance than expected, defying expectations of a rise and crushing hopes that the economy was emerging from recession in the last period.
-- The Wall Street Journal reported existing-home sales increased by 9.4% to a 5.57 million annual rate in September as buyers grabbed lower prices and a tax credit about to vanish. The median price for an existing home decreased 8.5% from a year earlier to $174,900. A Federal US$8K tax credit for first-time home buyers also has helped push up sales.
-- The FDIC took over Partners Bank in Naples, Florida, and American United Bank in Lawrenceville, Georgia, pushing the number of bank closures this year alone to 106. The process has more to go, undoubtedly.

Comments and contributions from Update no.409:
“I read the article to which you linked on the Nobel prize award. As best I understand from that piece, Alfred Nobel's instructions, while vague at best, directed the committee to award accomplishment rather than hope. Based on that and with some reluctance, my conclusion is that Obama has not earned such a prize to date.
“The attempts to reform health care continue. As one of the uninsured, I continue to wait. I can only hope that some assistance reaches me before I die of treatable illnesses. I saw a figure from an advocacy group stating that something over 1400 people here in Ohio die that way annually. I would rather not become one of those, but that's up to Congress and the President.
“I certainly agree that ‘faith-based’ (mostly Christian) organizations receiving public money give up any right of religious or belief-based discrimination in the use of that money. That seems blindingly obvious to me based on any possible reading of the Bill of Rights, but the Bush Administration set that aside and the Obama Administration has not seen fit to return to the rule of Constitutional law.
“Speaking of the rule of Constitutional law, I see the Tomgram article linked in your blog as the most important part. As this article is commentary rather than news, I do not need to verify its sources as much as I would news. I'll admit that I never heard of Tomgram or its author, but I find it very persuasive and well supported by news reports at all points of information.
“I'll note in passing that the Tomgram article addresses the discussion of the word "war" that you and I have conducted elsewhere. That's not the important part in itself, though. What matters here is the large, growing and unconstitutional power of the Presidency. I will let historians decide who gets more of the blame. What I want is to recognize that Congress is abdicating its Constitutional duty to exercise its legislative responsibility and authority, very much to the detriment of the entire US system of governance. Regardless of how we see a given President (Bush, Obama, Clinton, whomever), we cannot afford to become an empire, even with an elected emperor.”
My response on the blog:
As you note, the charter for the Nobel Committee is rather vague and thus ambiguous. I think the Committee provided their rationale, i.e., changing the tone of international diplomacy. If that was truly the statement they sought to make, awarding the prize next year might have gone down a little better. When put in the light of the very short, nomination window, this award is stretching the criteria significantly.
I hope a health care solution is achieved for you and many others. Presumably, you do have the Emergency Room option. I am torn by the public option. On one hand, I have a deep aversion to governmental involvement in our private lives – far too much already. On the other hand, the government already delivers medical care & coverage – military medical, VA medical, Medicare/Medicaid, TriCare, et cetera. I could go on, however, the bottom line remains; we must find a reasonable, equitable and sustainable solution to un-insured / under-insured citizens.
We are in precise agreement on the public conduct of “faith-based” organizations. While the Obama administration has been reluctant to correct so far, I think they are moving and will move away from the Bush administration’s blind faith in “faith-based” organizations.
My point on the Tomgram essay was what appears to be a politically biased focus on “W,” when I believe Nixon was a far more excessive and accomplished practitioner of presidential imperialism. Again, we are in agreement on “war” and congressional abdication. Even before we began our continuing exchanges, I wrote about President Bush’s mistakes. He was satisfied with the thinnest of justification for the actions he wanted to take, i.e., he stretched presidential authority. Worse, he failed to coalesce the support of the American People for the war he intended to wage – not least of which is the minimal authorization of both PL 107-040 and PL 107-243. Frankly, I would rather take what comes than attempt to wage war without the support of the American People. While I think the majority of Americans supported the President at the time of the Authorizations, he took that support for granted and failed to maintain that support. I could go on, but at the end of the day, we agree in the main.
. . . a follow-up comment:
“The ‘Emergency Room option’ won't do much for the most dangerous conditions I have, which are hypertension and chronic ear issues requiring a specialist. Besides, I'd rather not go bankrupt if I can avoid it. About 85% of bankruptcies are based on medical bills.
“Agreed about the need. I have talked to Canadians about their system; they like it and it works a lot better than the nothing we have.
“I certainly hope so. I know that the White House agenda is very full, but I would like to see at least a gesture that way.
“My point was and is that we need to rein in the Presidency in general or we lose the intent and many of the provisions of the Constitution.”
. . . my follow-up response:
I wish I could make it all go away. I would rather not have anyone go bankrupt, and especially friends. I have not seen a solution yet.
The old adage: something is better than nothing. Any action is better than inaction. I have experienced similar health care systems in England, France and Italy. I have no experience with the Canadian system, but from the Canadians I know, their system seems to be quite similar to the European versions. As with most systems / programs, there are good and bad aspects. From my experience, the good elements involve routine or basic health care – family physician or emergency type services. The difficulties are often displayed when access to a specialist is necessary. I have several friends in various countries who had to wait, 6, 9 and even 18 months to see a specialist. Of course, if you are wealthy, you go see a specialist whenever you want. We can all see where such inequity is headed once there is a general public health care service. Money buys legal protection and medical care. Nonetheless, as I said, something is better than nothing, and we must find some reasonable, equitable, humanitarian solution.
I’m all for reining in Executive power. The Federal government is into far too many areas, substantially beyond the intent of the Constitution. The Gov possesses unprecedented power to penetrate as deeply as they wish into the private domain of any citizen who attracts their attention. That is NOT how freedom is supposed to work. That is NOT government “for the People.”

Another contribution:
“I totally agree with your first para. On Afghanistan.
“I think the world was shocked about Obama and the Nobel Prize. Saw something yesterday saying that by law he cannot keep it nor the $$$ personally. Has to turn it in.”
My response:
I do not know whether there is such a law. Personally, I think not. However, Barack has already said he is donating the money to some charity or another – don’t know which one yet. If there is a law, I imagine it would be conflict of interest, i.e., could be seen as bribe money to elicit a desired response from a sitting president.

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

Update no.409

Update from the Heartland
No.409
12.10.09 – 18.10.09
Blog version: http://heartlandupdate.blogspot.com/

To all,
The follow-up news items:
-- The Nobel Committee’s selection of Barack Obama [408] has caused quite a stir, so much so that the Committee felt compelled to make a public, post-selection, justification statement. The following essay offers an insightful view of the Obama selection.
“Nobel Geopolitics”
by George Friedman
Strategic Forecasting, Inc.
Published: October 12, 2009; 19:08 GMT
http://www.stratfor.com/weekly/20091012_nobel_geopolitics?utm_source=GWeeklyS&utm_medium=email&utm_campaign=091012&utm_content=readmore
-- I believe my opinion regarding human rights for non-heterosexual citizens is clear [110 & subsequent]. The Washington Post editorial staff decided to weigh in, after the President’s Human Rights Campaign speech.
“Leadership on Gay Rights – President Obama isn't the only one falling short
Editorial
Washington Post
Published: Tuesday, October 13, 2009
http://www.washingtonpost.com/wp-dyn/content/article/2009/10/12/AR2009101202439.html?wpisrc=newsletter
-- The Senate Finance Committee voted on the so-called Baucus health care reform bill, passing that version 14-9. The bill now goes to the full Senate. The five remaining versions of health care reform legislation [396-7, 404] still must be reconciled into one bill that must then pass the House and Senate as well as gain the President’s signature.
-- The President’s compensation czar Kenneth Feinberg [408] apparently has beaten up on Bank of America and its beleaguered CEO and former chairman Kenneth Lewis [375, 384-5, 390, 396, 408]. According to the Wall Street Journal, Lewis “voluntarily” agreed to forgo any salary or bonus for 2009, and will have to repay the bank more than US$1M in salary he has already earned. The more I hear about the Bank of America / Merrill Lynch / U.S. Government affair the angrier and more disgusted I get.
-- On Thursday alone, Pakistan suffered serious terrorist attacks on security forces at six sites across the country from the Afghan border to Lahore; at least, 39 were killed with scores more wounded. A coalition of Tehrik-e-Taliban, al-Qaeda, and affiliated tribes claimed responsibility and vowed that attacks would increase and intensify in response to the government’s crackdown in the tribal areas on the border with Afghanistan. Two days later, the Pakistani army deployed an estimated 30,000 troops into the tribal areas in a major offensive against the terrorist affiliates.

The Baluchis – a disgruntled ethnic and religious minority within Iran, along the southeastern frontier with Pakistan – apparently decided to make a demonstrative statement regarding their unhappiness with the regime. The Baluchis carried out two coordinated terrorist bombings that killed five commanders of Iran's elite Islamic Revolutionary Guards Corps along with dozens of others left dead and wounded.

“Faith-Based Discrimination”
Editorial
New York Times
Published: October 13, 2009
http://www.nytimes.com/2009/10/14/opinion/14wed4.html?th&emc=th
Religion has held and continues to hold an important place in our society, and indeed in most societies. We also have a relevant principle of governance reflected in the Establishment Clause of the 1st Amendment and Jefferson’s Danbury Baptists letter. As such, I have believed in and defended the right of every religion to discriminate as their dicta requires, as long as it remains within the domain of the religion and its facilities, and no one is injured. Conversely, religion enjoys no special protection in the public domain. All religions must abide by the common law as every citizen must. In this context, the Times editorial is spot on the money. Once a religious-based organization accepts public treasury funds for any of their activities, they become subject to the public law, i.e., any discrimination based on the social factors should not and cannot be tolerated regardless of practitioners religious beliefs. The choices are: 1.) operate in the public domain and abide by the common law, or 2.) remain private and hold whatever discriminatory beliefs they choose.

Louisiana Justice of the Peace Keith Bardwell of Tangipahoa Parish refused to issue a marriage license to Beth Humphrey, 30, and Terence McKay, 32, both of Hammond, Louisiana. Bardwell had only one reason for his rejection of the couple’s request – McKay has dark skin pigmentation and Humphrey has relatively little pigmentation. Bardwell justified his action by claiming that in his experience most interracial marriages do not last long and children born of such marriages have a difficult time in life. He went on to say, “I’m not a racist. I just don’t believe in mixing the races that way.” I really do not care whether Bardwell is a bigot, racist or simple malcontent. Regardless, as a justice of the peace, he is an agent of the State, and as such, he has violated the law. Interracial marriage has been settled law since Loving v. Virginia [388 U.S. 1 (1967)]. This is yet one more example of why the State should not be in the marriage business . . . other than to ensure the individuals involved are entering into their contract relationship by their free will and without communicable diseases. I trust Bardwell will lose his charter and face the bar for violating the civil rights of Humphrey and McKay. For the record, I do believe the future of humanity is better served by mixing the genetic code to the greatest extent possible; but hey, that’s just me.

I try to read a wide variety of material to keep in touch with the political spectra. This is an interesting and worthwhile perspective.
“Tomgram: David Swanson, The Imperial Presidency 2.0”
by Tom Engelhardt
tomdispatch.com
Posted: October 15, 2009 11:09 am
http://www.tomdispatch.com/post/175127
I disagree with one fundamental element of their argument. While George W. Bush certainly enhanced the imperial presidency, the jury is still out on whether “W” will exceed the vast expansion of presidential / Executive power perpetrated by President Richard Milhous Nixon on multitudinous levels.

News from the economic front:
-- The U.S. Supreme Court agreed to hear the appeal of former Enron CEO and now convicted and incarcerated felon Jeffrey Keith “Jeff” Skilling [233] with respect to his 2006 fraud conviction stemming from the horrendous 2001 crash of the Houston-based energy company. I have added Skilling v. U.S. [08-1394] to my SCOTUS watch list. Skilling was sentenced to 24 years in prison and forfeiture of US$45M – a mere pittance compared to the financial devastation wrought by him and his now-deceased cohort in crime Kenneth Lee “Ken” Lay [130].
-- Commerce Department reported U.S. retail sales fell 1.5% in September from the previous month, and cited the termination of the USG’s “cash for clunkers” program as the primary anchor. Excluding the automotive sector, retails sales were up 0.5% from the prior month – a hopeful sign for the economic recovery.
-- The California Public Employees' Retirement System (CalPERS) – the US$200B state pension fund and the nation’s largest such fund – is launching a “special review” of fees paid by some of its money managers to an investment advisory firm run by a former CalPERS board member. The CalPERS press release stated, “The review was sparked by the recent receipt of information provided to CalPERS by investment funds that reported their payment of more than US$50M in fees over a five-year period to Arvco Financial Ventures” – a placement agent firm headed by former CalPERS board member and Los Angeles political operative Alfred Villalobos. I’d say this is not looking good for ol’ Al; can you say conflict of interest, corruption and collusion?
-- The Wall Street Journal reported from the minutes from the Federal Reserve's September policy meeting that members “expressed differing views on the inflation outlook and whether to curtail or expand mortgage-backed securities purchases.” While the specter of inflation or its evil cousin stag-flation looms over the recovering economy, the Fed’s “differing views” is a positive sign it seems to me, i.e., they can now able worry about what next.
-- Galleon Group founder Raj Rajaratnam (along with five others) has been charged with four counts of conspiracy and eight counts of securities fraud in a US$20M insider-trading case. The Galleon Group is a US$7B, New York City based, investment services company and one of the largest hedge funds on the planet. I suspect Raj will be joining eventually an expanding list of unscrupulous money men who contributed to the financial crisis. I trust that justice will be served and that dear ol’ Raj will not be the last to enjoy the hospitality of the State for his greed.
-- The Wall Street Journal reported that General Motors’ planned sale of its Opel European unit to Magna International is now in doubt after European Union regulators expressed concerns over Germany's offer to support of the deal with €4.5B [US$6.4B] in state aid.

Comments and contributions from Update no.408:
“You might find it entertaining that I have blogged, related to Obama being given the Nobel Peace Prize:
“‘Something ain't right in Norway, I mean Denmark.’
“Another thing I wrote was:
“‘It took Jimmy Carter 26 years to get an award for screwing up 4 years, it took Obama only 9 months." But then I added that I think Carter's heart was in the right place, and that the Shah of Iran was going to fall any how, the Iranian Revolution would likely have still occurred, and Carter's problem was the perception of his inability to negotiate the return of the hostages, the failed rescue attempt, and of course spiking energy costs as we entered another recession. Carter hunkered down too much in the W.H. trying to project he was dealing with Iran, while the public saw him hiding from the cameras (although I don't think he needed to go on-air as much as Obama does).
“But most important, Jimmy Carter achieved the Camp David talks leading to the CD Accords, and that was well worth his being nominated to the Nobel Committee.
“My concern (I believe you share this), is if they start handing those out too freely, I just might go ask for one.
“I made a comment somewhere that the prestige and value of the award must have taken a hit last Friday, and someone wrote back "don't worry, it lost value a few years ago."
“What's interesting is the concept that it may actually be a political liability for Obama, being that it has stirred so much debate in our country. In San Diego, our leading newspaper ran a poll, and as of the weekend, with over 12,000 that voted, 70% felt the award should not have been given to Obama (unscientific poll).”
My response:
I think the vast majority of people view awards as recognition for performance and accomplishment, not the promise of same. Yet, the Nobel Committee was direct and forthright in their announcement rationale statement. I saw a cartoon that called it the “Nobel Not Bush Award;” that cartoon is perhaps the most accurate, and is a measure of how offended the rest of the world has been by “W.” As I closed my comment is last week’s Update, I want him to “Earn this!”

Another contribution:
“Obama winning the Nobel Peace Prize just shows that the prize itself has now become a joke. Though, in my curiosity, I did do an internet search of lists of past Peace Prize recipients and found quite a few that one can question did not deserve it, like representatives for these peace promotion groups in the late 19th and early 20th centuries who seemed to mainly talk about world peace instead of actually doing anything about it. Then you have the people who actually rolled up their sleeves, did something meaningful and earned the award (Teddy Roosevelt, Ghandi, George C. Marshall, Martin Luther King, Mother Theresa, Began and Sadat. Giving Obama the Peace Prize for simply promoting hope is like giving the NFL MVP award right now to the NY Jets Mark Sanchez, because, well, he should be a good quarterback and should have real good numbers at the end of the season, shouldn't he?
“You want the award? End a war. Help refugees. Create an organization that sends food and medical supplies to Third World countries where the vast majority of the populace can't even get their hands on a bottle of aspirin. As the saying goes, "Deeds, not words."
“Oh yeah, and when does making a documentary on global warming, where many pieces of information have been proven false, earn one a Nobel Peace Prize?
“Another oh yeah, score one for the French Navy. An AK-47 is a deadly weapon. But against the 5-inch gun of a frigate. You are fracked! (Battlestar Galactica lingo there). ‘Aaarrrr, we surrender!’”
My reply:
The Nobel Committee was up-front, direct and candid with their announcement. They were indeed awarding hope and change. Nonetheless, I think you hit the nail squarely. This award puts even more pressure on Obama to deliver “peace,” as envisioned by the Nobel Committee and certainly by others. If they can give the award to Yasser Arafat for gosh sakes, then I’m OK with them recognizing Obama.

A different contribution:
“A couple of notes...a number of commentators have noted that when Gen McChrystal met with the President recently (in London, I think) he wore his camouflage uniform, not his Class A uniform-- this was interpreted by a few retired Army types as being disrespectful. Why he wore cammies to a meeting in London is a mystery.
“The DGSE [Direction Générale de la Sécurité Extérieure] story is disturbing. That is a very good intelligence organization, especially in the fight against terrorism. They have good ties within the Arab world and their warning should not be dismissed.”
My response:
The image of Stan in cammies seems to be a popular Press item, but it is not clear to me exactly when or where that meeting actually occurred; it may be the only “file” image they have. McChrystal is too smooth an operator to make that kind of a mistake; and, I cannot imagine him being disrespectful to POTUS regardless of political views.
I agree completely re: the DGSE . . . not to be discounted; and, hopefully, our guys are dealing with the information precisely and expeditiously. Disturbing is a bit of an understatement with that lil’ tidbit – a new level of fanatical; however, better to know than not.

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

Update no.408

Update from the Heartland
No.408
5.10.09 – 11.10.09
Blog version: http://heartlandupdate.blogspot.com/

To all,
The follow-up news items:
-- Given the current debate regarding the Battle for Afghanistan [405] and General McChrystal’s assessment [406], a few thoughts occurred to me. POTUS sets the strategy . . . what is the ultimate objective. NCA translates the national objective(s) into a strategic plan of attack. It is the commander on the ground, in this case Stan McChrystal, who considers the objective(s) he is given and the broad national approach, weighs that against the intelligence regarding his enemy and theater of operations, and defines the Operations Plan to achieve the mission. Stan made his assessment minus redacted portions, presumably leaked to the Press by someone. I have a hard time imagining that Stan’s assessment, or his London speech, was a faux pas. At the end of the day, POTUS has two choices if he does not like the message from his general(s): 1.) change the strategic objective(s) to meet whatever constraints he wishes to impose, or 2.) ensure the commander on the ground has the resources he needs to accomplish the mission. I must add, President Bush and his SecDef failed in that task at multiple levels. The general also has a choice: A.) execute the mission, or B.) resign. If the Obama administration tries to play “let’s make a deal,” do not be surprised if Stan McChrystal resigns rather than allow his troops to be placed in a compromised position. I am a subscriber to the so-called Powell Doctrine, specifically the need for a clearly defined objective(s), use of overwhelming force, and most importantly, support of the American People. President Obama must stand up to mark or withdraw. Trickling precious American and Allied lives into a meat-grinder is simply unacceptable and intolerable. Either we are all in to win, or we should get out.
-- The continuing saga of the Somali pirates [361, 365, 382-3] . . . chalk another one up for the Allies. The bad guys decided to make a night-time raid on what appeared to them to be a commercial cargo ship. Unfortunately for the Somalis, the ship was actually the French in-theater command ship FS Somme (A631) – currently flagship for Combined Task Force 150 (CTF 150), under the command of Rear Admiral Alain Hinden, FN. CTF 150 is a multi-national Allied unit deployed to the Red Sea and Indian Ocean to combat piracy. In this incident, five pirates and one skiff were captured; the other skiff remains at large but hunted. I would love to hear the alert over the 1MC – “Prepare to repel boarders” – a command from the days of sail . . . when men were men, and ships were made of wood.

Friday morning, as I was doing my usual writing, I was able to watch the terminal phase of NASA’s Lunar CRater Observation and Sensing Satellite (LCROSS) mission – to find water on the Moon. The mission impacted a rocket booster at 5,600 mph into Cabeus crater near the southern pole of the Moon. The trailing Shepherding Spacecraft observed the debris kicked up from the impact with its array of sensors, transmitted the data back to Earth, and then impacted the Moon several kilometers from the primary target. I imagine NASA captured a very intense data stream, which must now be decoded and analyzed. We might get a first blush in a day or so, but the analysis is expected to take a month or more. The terminal phase was fun to watch perhaps more for what it might yield and the technology involved than the actual images from the vehicles via NASA TV. I sure hope they find what they are looking for on this mission.

The Norwegian Nobel Committee, whose five members are appointed by the Norwegian Parliament, selected the President of the United States Barack Hussein Obama to be awarded the 2009 Nobel Peace Prize – “for his extraordinary efforts to strengthen international diplomacy and cooperation between peoples.” The Committee credits Barack with creating “a new climate in international politics.” They went on to conclude, “Only very rarely has a person to the same extent as Obama captured the world's attention and given its people hope for a better future. His diplomacy is founded in the concept that those who are to lead the world must do so on the basis of values and attitudes that are shared by the majority of the world's population.” Oh my, what can I say? This is about as pure a political statement as such awards can be. It is certainly not recognition for accomplishments. Apparently, the Nobel Committee was comparably seduced by Barack’s rhetorical skills as was the majority of the American electorate. Barack took the oath of office 20.January and the deadline for Nobel nominations was 1.February . . . a breath-taking demonstration of faith in “Hope and Change.” Nonetheless, at instances such as this, I am reminded of the slave’s admonition to the triumphant Caesar, “Heed not the crowd’s cheers, for all glory is fleeting.” Perhaps more appropriately, I shall whisper to the ear of Barack Obama at this moment of accolade . . . in the immortal words of Captain John H. Miller, “Earn this!”

Der Spiegel reported on a warning from the Direction Générale de la Sécurité Extérieure (DGSE) [French General Directorate of External Security] to expect and prepare for al-Qaeda suicide bombers using a more twisted and degenerate method – explosives loaded inside their bodies and detonated by cell phone, either autonomously or remotely. The first known use of the method occurred on 29.August, when 23-year-old, al-Qaeda terrorist, Abdullah Hassan al-Asiri, pretended he was turning himself into authorities, in an assassination attempt on Saudi Arabia’s counter-terrorism chief, Assistant Interior Minister Prince Muhammad bin Nayef. The Prince survived with only minor injuries. While the method is not likely to be high-yield on the ground, the technique poses a more serious threat in the pressurized cabin of an airliner.

A recent essay has been circulating through a variety of fora regarding the military service of non-heterosexuals. I urge everyone interested in the issue to read this essay.
“Don't Change ‘Don't Ask, Don't Tell’ – There are sound reasons--unbigoted ones--for our policy on gays in the military.”
by James Bowman
Weekly Standard
Published: 10/12/2009, Volume 015, Issue 04
http://www.weeklystandard.com/Content/Public/Articles/000/000/017/032hubhb.asp
Bowman illuminates a number of key elements of the issue and debate. Military morale, good order and discipline, and unit cohesion are vital factors in the performance of our primary national defense instrument. I certainly advocate for the most powerful and efficient military in the world. Those of us in my generation who served this Grand Republic in uniform remember the trauma of racial integration at the height of the process in the 1960’s and 1970’s. Virtually identical arguments and rationale were utilized by the resisters to racial integration. We have survived. In fact, I truly believe we have a far stronger military, having suffered the pain of racial integration. Fortunately, for me, and those willing to do the research, Bowman illuminates his bias at the outset of his essay. James criticized the Washington Post for their reference to “[t]he ‘don't ask, don't tell’ law.” Bowman stated, “This is a common mistake. Actually, there is no ‘Don't ask, don’t tell’ law. The law passed by Congress in 1993 (USC Section 654, Title 10) says, ‘The presence in the armed forces of persons who demonstrate a propensity or intent to engage in homosexual acts would create an unacceptable risk to the high standards of morale, good order and discipline, and unit cohesion that are the essence of military capability.’” He is narrowly correct; there is no law titled: “Don’t Ask, Don’t Tell;” regardless, the phrase is a commonly used reference to a specific law. The words he quotes from 10 USC §654 are indeed accurate; yet, he failed to acknowledge and thus misleads readers by using the words he chose, which are actually from sub-section (a) – Findings, item (15). The law in question here is the National Defense Authorization Act for Fiscal Year 1994 [PL 103-160], and specifically Division A, Title V, Subtitle G, Section 571, which codified Title 10, Section 654 as it currently exists. The action-able portion of the law is sub-section (b) – Policy, which refers to actions and statements by non-heterosexual members of the armed services. The subtleties in the words of the law were a compromise to make progress against stiff resistance, and imply public disclosure of one’s sexual orientation. Perhaps it is s a fine point; however, the implications of the policy wording lead to the “Don’t Ask, Don’t Tell” reference, i.e., we won’t ask, if you don’t tell. To say the law does not exist is misleading at best. Beyond all the legal-ese and emotional opinions, I return to the root question . . . what are we so afraid of in this issue? Do some folks think / believe homosexuality is contagious? . . . that homosexuality is such a powerful force that it will override all other factors in human life? Citizens with dark skin pigmentation are serving in every branch and every specialty; and, we are better and stronger for their service. Women are serving in every branch and nearly every specialty (the Navy is even considering female sailors on submarines); women have seen combat up close and personal; and, we are better for their service. The time has come to educate our military personnel, to end homophobia, and recognize the value of every able-bodied, able-minded citizen to serve this Grand Republic in uniform and with honor.

A renowned racial equality activist chimes in regarding equal rights for non-heterosexual citizens. Julian’s opinion is worth your time.
“Rights Still to Be Won"
by Julian Bond
Washington Post
Published: Friday, October 9, 2009
http://www.washingtonpost.com/wp-dyn/content/article/2009/10/08/AR2009100803292.html?wpisrc=newsletter&wpisrc=newsletter

At the Human Rights Campaign’s Saturday night dinner in Washington, DC, President Obama reaffirmed his commitment to achieve equal rights for non-heterosexual citizens, specifically with the repeal the “Don’t Ask, Don’t Tell” and the Defense of Marriage laws. The President did not define how or when he intended to accomplish that objective, but what else is new. He said he would “end” “Don’t Ask, Don’t Tell,” but did not say what happens from there, assuming he can get it through Congress. Does that mean a return to legal homophobia of the status quo ante?

I just love this “pot calling the kettle black” stuff. Perhaps I am off-base here, yet I would like to see if others read this Op-Ed piece the same way.
“The Politics of Spite”
By Paul Krugman
New York Times
Published: October 4, 2009
http://www.nytimes.com/2009/10/05/opinion/05krugman.html?_r=1&th&emc=th
First, I must say, Paul is spot on! I agree with his assessment. However, I have a fundamentally different perspective. Krugman said, “[T]he guiding principle of one of our nation’s two great political parties is spite pure and simple.” He goes on to observe, “How did one of our great political parties become so ruthless, so willing to embrace scorched-earth tactics even if so doing undermines the ability of any future administration to govern?” Krugman concludes, “It’s an ugly picture. But it’s the truth. And it’s a truth anyone trying to find solutions to America’s real problems has to understand.” Oddly, if you change the timeframe, the players and cited examples, I could use exactly (and I do use that word precisely) the same words just a few years ago. This is the kind of sanctimonious, holier-than-thou attitude on both sides that gets my hackles up. I see the mindless Obama-haters of today in the identical light as the Bush-bashers of a few years ago . . . the pot calling the kettle black, indeed!

The bad guys have been very busy this week, as they tried to make a clear statement during this time of political hand-wringing.
-- Thursday morning, a suicide bomber tried to attack the Indian Embassy in downtown Kabul, Afghanistan (rebuilt after a suicide car bomb attack in July 2008). The explosion destroyed cars and shattered windows on the heavily guarded street where the Indian Embassy and the Afghan Interior Ministry headquarters are located.
-- On Friday, a minibus packed with explosives detonated along a road near the well-known Khyber Bazaar market in Peshawar, Pakistan, killing at least 40 people and injuring dozens.
-- Then, on Saturday morning, Taliban gunmen, disguised as soldiers, infiltrated Pakistan's military headquarters in Rawalpindi, one of the most heavily guarded sites in Pakistan, setting off a fire fight inside the compound that left at least four attackers and six soldiers dead.
-- Finally, one for the good guys, Direction Centrale du Renseignement Intérieur (DCRI) – the French Central Directorate of Interior Intelligence (the equivalent of the British MI5) – arrested and detained for interrogation a 32-year old Frenchman of Algerian decent and his 25-year old brother for alleged connections and activity with the North African, Al-Qaeda in the Islamic Maghreb (AQIM) [Maghreb being the region north of the Sahara from Morocco to Libya]. Of particular note here is the older brother’s employment with the European Organization for Nuclear Research (CERN) on the Franco-Swiss border near Geneva – a little too close.
All the bad guy activity in Pakistan is undoubtedly intended to send a message to the Pakistani government that the Taliban, al-Qaeda, and their supporters will fight any attempt to suppress their activities.

News from the economic front:
-- Bank of America CEO Kenneth D. Lewis announced his retirement effective 31.December, amid the continuing turmoil surrounding the Merrill Lynch acquisition [396, 404]. The Wall Street Journal reported that the bank’s Board of Directors were scrambling to name an “emergency CEO” in case Lewis is “forced” to step down even earlier as part of the pending state and federal cases involving the bank. If true, I am genuinely surprised an organization the size of Bank of America does not have a clearly defined and vetted succession plan for “emergencies.” Further, if true, such oversight does not speak well for the Board or the Bank.
-- According to the Wall Street Journal, the administrator for the London operations in Lehman Brother's bankruptcy, plans to seek permission to remove the claims from the UK courts and to distribute assets directly to creditors. Hedge-fund creditors have an estimated US$16B tied up in the securities firm's bankruptcy, and they must agree with the proposal, which may become clearer next week.
-- Kenneth Feinberg, the administration's compensation czar, plans to transform executive compensation at firms receiving large sums of government aid from cash salaries to company stock that cannot be accessed for several years – a worthy approach by certainly not far enough.
-- The Wall Street Journal surveyed 48 economists, who expect the Gross Domestic Product (GDP) to grow in the 3rd Quarter (just ended) at a seasonally adjusted 3.1% annual rate, after four consecutive quarters of contraction and the worst recession since the Great Depression. The specialists think the economy will continue to expand through the first half of 2010, but a slower rate. The rough part will be the labor market (jobs). On average, the economists do not expect unemployment to fall under 6% until 2013 – the national unemployment is currently 9.8% (September).
-- The U.S. Commerce Department reported that trade deficit unexpectedly decreased 3.5% to $30.7B in August, as exports posted a small gain and imports fell on a big drop in demand for foreign oil. Oil prices did increase, but the volume of shipments declined sharply in August.
-- General Motors signed the deal to sell the Hummer brand to Sichuan Tengzhong Heavy Industrial Machinery Company. I trust the United Auto Workers enjoys some satisfaction for their part in dismantling General Motors and the American automotive industry as they did the U.S. steel industry among so many others.

Comments and contributions from Update no.407:
Comment posted on the Blog:
“With respect to the earmarks, what do you think brings them about? Yep, "campaign contributions, slush funds, lobbyist bribes, et cetera." The goodwill of the voters back in the district plays a part, but follow the money to contractors and other vendors, then check against campaign contributions and whatever you can learn about the slush funds and bribes. Dollars to donuts you'll find a very strong correlation.”
My response to the Blog:
Indeed! I would be surprised not a whit that a majority, if not all, earmarks are payback for the money and goodies slathered onto congressmen by lobbyists, special interest groups, and yes, corporations. There is no inducement for politicians to change, which is the whole point to Tytler Cycle – the Downfall of Democracy. We, the People, and our servants in Congress have figured out how to tap the Public Treasury. The end will be collapse of our economic system. History often refers to the end of the Roman Empire circa 476 AD. The reality is the beginning of the end occurred centuries earlier when corruption corroded the political structure and the Populus lost their will to defend themselves.

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

Update no.407

Update from the Heartland
No.407
28.9.09 – 4.10.09
Blog version: http://heartlandupdate.blogspot.com/

To all,
The follow-up news items:
-- The Senate Finance Committee rejected efforts by liberal Democrats to add a government-run health insurance plan to health care reform legislation [396 & sub] – a setback for President Obama and the Democrats.
-- The New York Times reported that “experts” think Senator John Eric Ensign of Nevada [392-3] may have violated ethics laws with his handling of the aftermath and consequences of his affair with the wife of an aid. Ya think!
-- In the first bilateral talks since the revolution, the Islamic Republic of Iran and the United States of America discussed the IRI’s nuclear development program and specifically the newly revealed uranium enrichment plant at Qom [405-6]. The Iranians reportedly agreed to international inspections and committed to send most of its openly declared enriched uranium to Russia to be turned into fuel or medical isotopes.
-- Swiss diplomat Heidi Taglivini compiled and reported the European Union’s 9-month international investigation into the 2008 war between Russia and Georgia [348, 357]. They concluded that Georgia triggered the war, but that Russia had prepared the ground, broke international law by invading Georgia as a whole, and that Russian-backed South Ossetian militias conducted ethnic cleansing of Georgian civilians. They also found evidence that regular Russian troops as well as volunteers and mercenaries had entered South Ossetia in Georgia prior to the war.

Voters of Ireland approved the Lisbon Treaty by a 2-to-1 margin in a dramatic shift of sentiment after the treaty was defeated last June. The European Union sucked in a deep breath of relief on the vote. The treaty establishes a permanent EU president and foreign minister among other important changes. This appears to be a great move that will strength the EU.

The Supreme Court will hear arguments in yet another 2nd Amendment case – McDonald v. Chicago – which involves a citizen and yet another, stringent, municipal, gun-control law. I trust the Supremes will reach the same conclusion they did in District of Columbia v. Heller [553 U.S. ___ (2008); No. 07-290] [342]. In macabre punctuation, four teenage boys beat another teenage boy to death in Chicago. In Wichita, a young police officer – Sedgwick County Deputy Sheriff Brian S. Etheridge – was ambushed by a lone killer bent upon killing one or more cops; the police definitively terminated the perpetrator; possibly a death-by-cop incident, in my opinion. An individual, intending to kill, will resort to any tool to accomplish their objective. The key, central element of the case at hand . . . Citizen Otis McDonald wants to own a handgun for protection of his family. The issue never has been, is not, and never will be the tool(s) a killer chooses to carry out his dastardly deed(s). I understand the interest and motives of the gun-control folks; I want all killing to stop regardless of the tool of choice. Penalizing 90+% of law-abiding citizens because we are nauseated by the senselessness of the killer hardly seems like a rational endeavor.

With all this incessant talk of hope and change, ain’t it all just warm ‘n squishy comforting to know the corruption of our Federal servants never changes?
“Defense Bill, Lauded by White House, Contains Billions in Earmarks”
by R. Jeffrey Smith
Washington Post
Published: Tuesday, September 29, 2009
http://www.washingtonpost.com/wp-dyn/content/article/2009/09/28/AR2009092803862.html?hpid=sec-nation
Reading Smith’s reportage, I found it extraordinarily difficult to contain my anger. I’m getting to the point where I will not vote for and will actively encourage anyone who will listen to not vote for ANY incumbent, no matter who. Earmarks [257, et al; too many citations to list] are probably the most corrupting influence I know, even more so than campaign contributions, slush funds, lobbyist bribes, et cetera – the scale is vastly greater. These earmarks are unchecked taps on the PUBLIC TREASURY – our Treasury, not theirs. They attempt to convince us that they are doing the People’s work, that they are doing good work. Despite all the yammering about reform, about transparency, about improving ethics in Congress, we get the same old crap . . . and that is doing injustice to cow excrement.

Congratulations to German Chancellor Angela Dorothea Merkel, née Kasner, and her Christian Democratic Union (CDU), won handily in last week’s elections. The election enabled her to abandon the coalition with the Social Democratic Party (SDP) and form a new coalition with the Free Democratic Party (FDP), which means Germany has shifted slightly farther to the right on the political spectrum.

To understand and appreciate alternative relationships other than the societal norm:
“Straight spouses advocate same-sex marriage”
by Lisa Leff, Associated Press Writer
San Francisco Chronicle
Published: Monday, September 14, 2009
http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2009/09/14/state/n031538D39.DTL&type=printable
Another reason the State should NOT inject itself in private relationships.

After 15 years of painstaking care and work, researchers in Ethiopia and the United States made public fossils from a 4.4-million-year-old Ardipithecus ramidus, or “Ardi” for short – a pre-cursor hominid, a million years older than the iconic “Lucy,” the primitive female skeleton that has long symbolized humankind's beginnings. We have another challenge to the evolutionary sequence.

News from the economic front:
-- The International Monetary Fund (IMF) calculated that the global financial crisis will produce US$3.4T in losses for financial institutions, between 2007 and 2010. The estimate is US$600B less than the IMF April forecast. Rebounding global securities markets have reduced the IMF's estimate of bank losses, but banks still face possible additional write-downs of US$1.5T by the end of 2010.
-- Penske Automotive Group ended its acquisition of General Motors’ Saturn unit, citing concerns over the availability of future GM-made vehicles, thus sealing the fate of the Saturn line. In June, Penske agreed to acquire the brand with the exception of its manufacturing operations . . . I imagine to avoid the stifling union contracts. With the current administration and a pro-union Congress, I highly doubt whether unions will figure it out. C’est la vie.
-- August retail sales surged 1.3%, the biggest jump since a 1.6% gain in May 2008, driven by back-to-school spending and the government’s cash-for-clunks program. Household income rose a modest 0.2%.
-- Initial claims for jobless benefits rose 17,000 to 551,000 last week. Unemployment claims by laid-off workers for more than one week decreased by 70,000 to 6.1 million in the week ending 19.September.
-- The Labor Department reported that employers cut another 263,000 jobs last month, far more than forecast, and the national unemployment rate rose to 9.8 percent from 9.7 percent in August.

L’Affaire Madoff [365]:
-- The court-appointed trustee for liquidation of Bernard L. Madoff Investment Securities – Irving H. Picard [383, 389, 393] – disclosed new allegations against Palm Beach, Florida, investor Jeffry M. Picower [388]. In court documents, Picard alleges Picower made approximately US$7.2B in profits (US$2B more that he estimated in May) that he claims should be returned for distribution to other investors. For that kind of money, this could get very interesting.
-- Liquidation trustee Picard also pressed his ill-gotten-gains, recovery effort as he filed civil suit against Madoff's brother, sons and a niece for nearly US$200M. In court papers, Picard claimed the monies received by the family members were a consequence of preferential payments, fraudulent transfers and breaches of fiduciary duties.

Comments and contributions from Update no.406:
“As usual you raise some important issues in your update. Iran, this must be the biggest current threat to global peace. Are they really stupid enough to believe they can develop a nuclear device and launch it against the Zionist people without a terrible reaction from Israel’s friends. Do they honestly believe they cam continue indefinitely to produce weapons grade Uranium and cock a snoot at the rest of the world. How far will they push their luck? I cannot believe they will take the route of no return. However Cap, the country is being governed by some very determined hard-nosed characters who not only wish to cling to power but stay very much in the minds of the world’s leaders.
“If they are not careful however they will push Israel into a corner and then sparks will fly and we should not rule out the possibility of a pre-emptive strike by her friends. We shall see, I’m certain that we are keeping a close eye on developments and should the need arise we will act. It is a worrying situation Cap, we are both hard pressed elsewhere.”
My reply:
To place the threat to Israel posed by the Islamic Republic of Iran, imagine if you will the threat your brethren would feel if an antagonist like Nazi Germany might possess a nuclear weapon that could vaporize half of England, or for us, half the United States. I think that is a realistic representation of the threat the Israelis must feel.
On the flip side, the IRI is not suicidal (as such an attack would surely be for them), and they are too clever to take such a direct approach. What is far more likely is nuclear material “showing up” in a dirty bomb, or an obtuse threat like “submit or we will detonate the bomb in Tel Aviv harbor.” Who knows? The unpredictably of the theocracy that advocates and honors suicide for Allah makes the threat calculus virtually impossible. Further, regardless of producing a fission device, weapons grade, enriched uranium or plutonium is equally dangerous to living things, and especially human beings.
The IRI is so far beyond my reaction threshold. The World should have reacted more aggressively and preemptively years ago (we passed the equivalent 1936 at least two years ago).
Israel has been in the corner for years. I truly believe the only thing constraining Israel is the United States. They attacked Osirak, Iraq, in 1981. They attacked Tall al-Abyad, Syria, in 2007. I would bet money they have been rehearsing a strike on one or more sites in the IRI, but such an air operations would have to have tacit U.S. and Saudi sanction to penetrate the air defense network that grew after the Gulf War and the invasion of Iraq.

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