28 February 2011

Update no.480

Update from the Heartland
No.480
21.2.11 – 27.2.11
To all,
The follow-up news items:
-- On Wednesday, the Obama administration announced it will no longer defend the constitutionality of the Defense of Marriage Act of 1996 (DOMA) [PL 104-199], which means the government will not argue the appeal of the companion cases – Massachusetts v. United States and Gill v. OPM [449]. This decision alters the legal terrain with respect to numerous judicial challenges on the long journey to gain equal rights for non-heterosexual citizens.
-- The Julian Assange saga continues [469]. Senior District Judge (Chief Magistrate) Howard Riddle of Westminster Magistrates’ Court, sitting at Belmarsh Court in southeast London, handed down his decision in the extradition case of Sweden v. Assange [2011]. Julian Paul Assange is to be sent in custody to Sweden for questioning about a set of sexual assault allegations. Assange has the right of appeal, which by British law must be filed within seven days; I expect the judge’s decision to be appealed – the beat goes on. A central element in the judge’s ruling was the legal debate over the propriety and authority of Sweden’s Director of Public Prosecution Marianne Ny to issue the European Arrest Warrant (EAW) for Assange on 18.November.2010. As Judge Riddle noted, “A prosecutor should not seek to arrest and extradite Mr. Assange simply for the purposes of questioning as long as other means have not been tried, or have been tried and failed.” Most of the judicial contemplation attempted to sift through the defense’s contention on invalidity on various grounds. At the end of the day, the judge concluded, “In fact as I am satisfied that extradition is compatible with the defendant’s [Human Rights] Convention rights, I must order that Mr Assange be extradited to Sweden.” The judge brushed aside the defense’s concern regarding further extradition to the United States (as they said) to face “execution for treason” – a bit strange but properly dealt with by the judge. The decision virtually ensures that Assange's efforts to build and promote WikiLeaks will be dampened in coming months by the possibility that he may face criminal sex charges.

An open opinion letter to my state legislative representatives:
Kansas Senate District 27
Senator Les Donovan
SB 514 - Kansas Community Defense Act
Kansas House District 94
Representative Joe McLeland
HB 2144 - Kansas Community Defense Act
Wichita Eagle
Update from the Heartland
The pending Kansas Community Defense Act (HB 2144 / SB514) is neither about community nor about defense. It is entirely about imposing the moral values of some residents upon the whole state for conduct that is out of public view and a matter of personal choice. To my knowledge, no one is forced to enter sexually oriented businesses (SOBs). Some residents object to what they perceive as immoral behavior inside adult-oriented businesses. I recognize and acknowledge that SOBs like strip clubs, sex toy shops, and erotic video stores are offensive to some of our more conservative, prudish or sensitive residents, but that does not alter reality. Sex is more than just procreation. Whether we like it or choose to admit it, sex is an important part of a citizen’s personal “pursuit of Happiness . . . at least for some.
In the legislature’s talking points, it says, “Sexually oriented businesses, as a category of commercial enterprises, are associated with a wide variety of adverse secondary effects including, but not limited to, personal and property crimes, prostitution, potential spread of disease, lewdness, public indecency, obscenity, illicit drug use and drug trafficking, negative impacts on surrounding properties, urban blight, litter, and sexual assault and exploitation.” Do you actually believe this propaganda and what amounts to political drivel? This is precisely the same circular faux-logic that gun control advocates like to use for their version of imposition on our freedom.
The fact that other states feel comfortable with the denial of freedom of choice for their residents is hardly compelling rationale for such restrictions in Kansas. I truly hope there is more substantive factual data to justify spending one more minute on legislation of this nature. If so, I think the public should see the evidence to justify a drastic imposition on our precious freedom of choice, rather than the supposition and conjecture offered up so far.
Let us stop this nonsense now. I urge you in the strongest possible terms to reject / defeat this foolishness and move onto far more pressing and important tasks before our state. Freedom is choice. We (You) must err on the side of freedom rather than continue down the path to tyranny.
Very respectfully submitted,
Cap Parlier

In perhaps the largest shift in process since its inception, the United Network for Organ Sharing (UNOS) is reportedly considering the alteration of assignment criteria, giving younger, healthier people preference over older, sicker patients for the best kidneys. The new rules would do away with the current system of giving priority primarily to patients who have been on the waiting list longest, as part of the most comprehensive overhaul of the transplant system in 25 years. Congress created the national system and process for organ sharing by the National Organ Transplant Act of 1984 [PL 98-507; 19.10.1984].

I strive to avoid acknowledging terrorist or criminal activity, but occasionally an event deserves illumination. This week we experienced a classic example of the value of Human Intelligence (HumInt). The FBI arrested Khalid Ali-M Aldawsari, 20, a Saudi national, attending Texas Tech University near Lubbock, Texas, on a proper student visa; he was reportedly studying for a chemical engineering degree. He has been charged with attempted use of a weapon of mass destruction. According to the FBI, they became aware of Aldawsari’s activities by tips from concerned citizens, who detected what they considered a suspicious purchase of phenol. Federal prosecutors say he had been researching online how to construct an improvised explosive device using several chemicals as ingredients. The FBI indicated his possible targets included the Dallas home of former President George W. Bush.

The Pentagon awarded the KC-X aerial refueling tanker contract to Boeing over rivals European Aeronautic Defence and Space Co. (EADS) and Russia’s Antonov, which given past performance may launch a fresh wave of political controversy, protests, wrangling and litigation. The new aircraft will be a B767-200LRF derivative, designated the KC-46A and is expected to replace the aging KC-135 fleet aerial tankers. The announcement instigated considerable celebration in Wichita, Kansas, as a substantial portion of work will be accomplished here. Regardless, I hope this decision will finally end the controversial rancor over nearly a decade. The nation needs to replace its venerable fleet of aerial tankers.

Additional information from Aslan Soobzokov’s long struggle:
“This is an article from 1986. Please read and share with your readers. Attached is a picture of my father before he was assassinated.
“Why is this not on the Internet? It shows my father’s innocence.
“God bless and take care.”
The article noted above:
“The Murder of an Innocent – Tscherim Soobzokov survived the Russians and the Nazis, but not the Jews”
Wilmot Robertson, Editor
Instauration
Published: August 1986; vol.11, no.9; pp.6-10
http://www.instaurationonline.com/pdf-files/Instauration-1986-08-August.pdf
For roughly the first four months of 1945, Tscherim Soobzokov wore the uniform of a Waffen-SS Obersturmführer (first lieutenant) in the Kaukasischer Waffen-Verband SS (Combined Caucasian Waffen-SS) as he tried to survive the final days of the war and protect other Circassian refugees. For that, he was assassinated at 04:30 [R] EDT, 14.August.1985, by a terrorist’s bomb booby-trapped to the front door of his home. The prevailing hypothesis identifies the perpetrators as a hit squad ordered by or affiliated with the Jewish Defense Organization (JDO) – the radical and militant fringe group formed by Mark “Mordechai” Levy, from the Jewish Defense League (JDL) in the early 1980’s. As noted in the article and other sources including the Government’s “Safe Haven” report [472], there was and to my knowledge still is not any evidence whatsoever the Tscherim Soobzokov was a member of the NSDAP, committed any war crimes, or killed or caused to be killed any other citizen. From my perspective, his only “offense” was trying to survive the war. The Soobzokov case takes on even more bizarre dimensions when compared to other real Nazis and actual war criminals. Example 1: SS-Standartenführer Dr. Martin Sandberger – commander of Sonderkommando 1a of Einsatzgruppe A (the largest of the SS mobile killing groups in Eastern Europe) – was sentenced to death by hanging by the Nürnberg Tribunal; his sentence was commuted to life imprisonment, and he was released after only 6 years in Landsberg Prison; Sandberger died of natural causes on 30.March.2010, at the age of 98. Example 2: SS-Obersturmbannführer Joachim Peiper – commander of Kampfgruppe Peiper, Leibstandarte SS Adolf Hitler (LSSAH, 1st Division Waffen-SS) – ordered hundreds of American POW’s and local civilians executed during the Battle of the Bulge in what is collectively called the Malmédy Massacre; he was sentenced to death by hanging by the Nürnberg Tribunal; his sentence was commuted to life imprisonment, and he was released after only 11 years; Peiper was killed on 14.July.1976, in a gunfight at his home that was believed to be an assassination that he resisted. Sandberger and Peiper were deep into multitudinous war crimes and crimes against humanity that are extensively and accurately documented; both men were tried and convicted of their crimes; both sentenced to death; neither man suffered their sentence. Tscherim Soobzokov was neither charged, tried, convicted nor sentenced, yet hateful people took it upon themselves to take an innocent life. The assassins must be brought to justice. Good luck and good hunting, Aslan.

News from the economic front:
-- The Wall Street Journal reported that the Securities and Exchange Commission (SEC) is investigating potential conflicts of interest in the fast-growing market for buying and selling shares of private companies like social networking organizations Facebook and Twitter. The move is part of an expanding investigation by the SEC of the “thriving bazaar that has sprung up largely beyond the reach of regulators and traditional securities firms.”
-- The USG reported business activity increased at an annual rate of 2.8% in 4Q2010, down from the initial estimate of 3.2%, as state and local governments cut spending more deeply and Americans spent less than originally estimated.
-- Popular investment guru, Berkshire Hathaway Chairman Warren Buffett expects a better business climate in 2011. The company’s book value grew 13% in 2010 to US$95,453 per share. The increase in book value fell short of 15.1% return of the Standard & Poor's 500 stock-index.

Comments and contributions from Update no.479:
Comment to the Blog:
“I am fascinated by your notion that the CIA has been in decline. The CIA's fumbles and foul-ups date back pretty much to their origin. While I agree that the Department of Homeland Insecurity has added a layer or two of nonsense and a new emphasis on removing Americans' civil liberties, the CIA can only be in decline after it achieves some sort of peak.
“Also, I'll say it again. The ‘war’ on terrorism, or Islamic fascism or whatever is about as winnable as the ‘wars’ on poverty and drugs.
“I am coping with my Statistics course and starting a job tomorrow, so I don't have time for my usual long responses.”
My response to the Blog:
I did not intend to imply that the CIA was in decline; quite the contrary. My point was the Church Committee (1977) shackled, hobbled and otherwise emasculated the CIA regarding vital HumInt (Human Intelligence) – our primary intelligence vulnerability. Has the CIA made mistakes? Yes, absolutely, without question. However, the agency has also accomplished substantial successes. The CIA’s HumInt capability grew rapidly & substantially post-9/11, largely due to the PATRIOT Act. Unfortunately, our drive to fight a war drove the USG to disregard our liberties to an extent. I believe there will be an appropriate correction; I just hope not an excessive correction as occurred in the wake of the Church Committee.
As we have discussed before, I do not share your assessment of the War on Islamic Fascism. Your point does have relevance, however. The “war on drugs” and to a limited extent poverty involve personal and private choices in a free society. Islamic Fascism employs an ideology, which makes it like the others, but it is the actions of the jihadistanis to export their violence that alters the dimensions. From your perspective, if the War on Islamic Fascism is not winnable, how would you suggest we deal with the exported violence of the jihadistanis?
Man oh man, I do not envy you! I really struggled with Probability & Statistics – never understood the mathematics of such misty concepts. Good luck.
. . . a follow-up comment:
“The Church Committee ‘shackled, hobbled, and emasculated’ the CIA for good reasons. Unfortunately, the so-called PATRIOT Act has removed any restraints on the intelligence community and the Department of Homeland Insecurity in general.
“I do not know the future of international relations or whether traditional military operations have a place in it. I suspect that we will never make a peaceful existence for ourselves until we ease off on the name-calling. In a day when a couple hundred dedicated people (al-Qaeda) can bring one of the more powerful nations on earth (the USA) a major defeat, other means are called for.
“By the way, the 9-11 attack and especially the US response becomes stranger and stranger as time goes on. I find it difficult to believe that the full might of the US military and civilian establishments cannot find and kill or capture one man whose small organization was largely obliterated within a hear after 9-11. Something is fishy there.
“What really brought all of this on us, however, was our attacking Iraq, which had nothing to do with al-Qaeda at the time. That was seen worldwide as an unprovoked attack.
“Statistics is far too abstract for me, but I don't see it as ‘misty.’ You and I (and many others) discuss politics and social issues daily. That stuff is ‘misty’ and murky and fuzzy, but important. Statistics is just the opposite.”
. . . my follow-up response:
Re: Church Committee. Indeed, for good reasons! Both the CIA & FBI abused the authority granted them; and, where there were no laws or guidance, they sought forgiveness rather than endure the delay and rigors of seeking approval. Yes, the Church Committee was necessary and warranted. However, my point has been and remains, the consequent laws over-compensated, and the leadership of the CIA at the time believed their own drivel that superior technical means could overcome the paucity of robust in situ HumInt. They were wrong! Furthermore, I also agree the USA PATRIOT Act [PL 107-056] has been abused by the USG, like so many other laws created and enforced by flawed men. I believe, or maybe it is blind hope I feel, the excesses of the USG in the name of national security will be reined in eventually. Yet, the prime counter to my opinion is highlighted by the fact that the majority of the American People have chosen to remain oblivious to the serious encroachment upon our most precious freedoms by the Comprehensive Drug Abuse Prevention and Control Act of 1970 [PL 91-513; 27.10.1970], 40 years hence; we still have not seen the light.
Re: international relations. I’m not sure what name-calling you are referring to here. Al-Qaeda’s numbers are far more than a couple of hundred. Next, the United States is a very long way from defeat in the War on Islamic Fascism. Given your opinion, I am quite confused as to the world you see if the U.S. took a pacifist approach to the jihadistanis? Do you think al-Qaeda and the jihadists would return to peaceful, non-offensive existence, if we withdrew all our military forces to within our borders, disarmed and discharged the military? If not that far, where is the acceptable level?
Re: finding bin-Laden. To the point, Usama bin-Laden is not Adolf Eichmann. Pakistan is an order of magnitude more difficult problem than Afghanistan, or in Adolf’s case Argentina. As we bear witness in the Raymond Davis case, our ability to operate in Pakistan is not easy. What conspiracy regarding bin-Laden’s capture / elimination do you perceive?
Re: Iraq. We shall respectfully disagree.
Re: statistics. You say po-tay-tow, I say po-taw-tow. Still misty to me. Nonetheless, you offered a far better descriptor – abstract – oh yes indeedie, abstract in the extreme. Once again, good luck with your studies. I survived mine, but without great margin.

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

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