27 August 2012

Update no.558


Update from the Heartland
No.558
20.8.12 – 26.8.12
Blog version:  http://heartlandupdate.blogspot.com/
To all,
The follow-up news items:
-- Norwegian, confessed, mass murderer, Anders Behring Breivik killed 77 people on 22.July.2011 [501].  On Friday, Judge Wenche Elisabeth Arntzen in Oslo, declared Breivik sane and sentenced him to 21 years of “preventive detention” – the maximum under Norwegian law.  However, such sentences can be extended, if an inmate is considered dangerous.  The 33-year-old right-wing extremist Breivik has often been compared to Timothy James McVeigh, 26-years-old at the time of his crime; unfortunately, however, Breivik will not meet the same consequence as McVeigh.
-- According to the Press, an anonymous, former, SEAL team member has written a book – “No Easy Day: The Firsthand Account of the Mission That Killed Osama bin Laden. The book was written under the nom de plume Mark Owen, and was not authorized or sanctioned by the Department of Defense, as required by law.  In what appears to be somewhat a tête-à-tête, a “military official” identified the author to the Press – Matt Bissonnette, 36, of Wrangell, Alaska, a former member of SEAL Team 6, and apparently a participant in Operation NEPTUNE’S SPEAR [489, 490, 503] and the rescue of SS Maersk Alabama [382].

On Saturday, 25.August.2012, Neil Alden Armstrong, 82, passed away following complications resulting from cardiovascular procedures.  I was a midshipman serving aboard USS Mississinewa (AO-144) and returning from shore leave in Civitavecchia, Italia, at the moment he made history, when he broadcast from the Moon to the World, “That’s one small step for man, one giant leap for mankind” [20.July.1969].  Godspeed and following winds, Neil.  May God rest your immortal soul.

I have been waiting for this particular video clip.  The Mars rover Curiosity descent video:
Magnificent achievement, NASA!

I vacillated on this issue and eventually succumbed to the irresistible temptation.  I feel the urge to apologize, however . . .  
            Representative William Todd Akin of Missouri, the Republican candidate for Senate, said a week ago, Sunday, in a televised interview:
“It seems to me, first of all, from what I understand from doctors, that’s really rare.  If it’s a legitimate rape, the female body has ways to try to shut that whole thing down. But let’s assume that maybe that didn’t work or something: I think there should be some punishment, but the punishment ought to be of the rapist, and not attacking the child.”
“Legitimate rape”?  Really?  Sure, being a staunch social conservative, he probably meant “forcible rape,” since that is a big term for such ideologues, with shades of the antiquated doctrine of coverture; or, he might have meant “bona fide rape,” to separate such violent criminal acts from false claims or accusations, since many of these men truly believe women bring rape upon themselves.  The problem I have . . . he probably spoke his mind quite clearly.  Akin is quite comfortable supporting a constitutional amendment to prohibit abortion for any reason.  His demonstrated paucity of understanding regarding human biology is shockingly medieval and devoid of science.  Beyond the foolishness of his thinking and misspeak, the flash fire represents precisely why prohibition, elimination, or even restraint of abortion cannot be achieved in the public, political domain.  I have absolutely no problem with anyone’s personal opinion from the absolute prohibition of abortion to free abortion on demand for any woman who wants it.  I am also quite comfortable with the individual private choices of citizens.  My position narrows substantially when someone suggests passing a law to enforce their personal opinion.  The State has no place, and I respectfully submit no authority, to intrude upon a woman’s very private medical decision.  If we want to end abortion as a medical procedure, let us find solutions to the underlying, root cause issues that lead to abortion.  Prohibition will never work; such an action would only force women to the back alley butchers.   We must extract ourselves from this non-productive, ideological flagellation.  We need respectful solutions, not mindless rhetoric.

I read the Supremes’ recent FCC v. Fox Television [565 U.S. ___ (2012); no. 10–1293] ruling; it is hard to call it a decision as it involves yet one more remand “for further proceedings consistent with the principles set forth in this opinion.”  I also bounced around whether to even mention the latest rendition.  You may recall the previous version of this issue – FCC v. Fox Television [556 U.S. 502 (2009); No. 07-582] [385] {28.April.2009}.  The case involved the same three broadcast television incidents of alleged indecency, for which the Federal Communications Commission (FCC) received “public” complaints.
·      First, Fox Television Stations, Inc., broadcast the 2002 Billboard Music Awards [10.December.2002], in which the singer Cher exclaimed during an unscripted acceptance speech, “I've also had my critics for the last 40 years saying that I was on my way out every year.  Right.  So f *** ‘em.”
·      Second, Fox broadcast the 2003 Billboard Music Awards [10.December.2003], while presenting an award Nicole Richie made an unscripted remark, “Have you ever tried to get cow s*** out of a Prada purse?  It's not so f ***ing simple.”
·      Third, ABC Television Network broadcast an episode of NYPD Blue [25.February.2003] that showed the naked buttocks of an adult female character for approximately seven seconds and a momentary glimpse of the side of her breast, as she was preparing to take a shower, when a child portraying her boyfriend’s son entered the bathroom.
Before the FCC issued their Notices of Apparent Liability to Fox and ABC, NBC broadcast the 2003 Golden Globe Awards [19.January.2003], during which the singer Bono exclaimed after winning the Best Original Song award, “This is really, really, f ***ing brilliant.  Really, really great.”  As a result, the FCC declared the “F-word actionably indecent,” as “one of the most vulgar, graphic and explicit descriptions of sexual activity in the English language,” and thus “any use of that word or a variation, in any context, inherently has a sexual connotation.”  On 18.March.2004, the FCC issued its Memorandum Opinion and Order, Complaints Against Various Broadcast Licensees Regarding Their Airing of the “Golden Globe Awards” Program, (AKA Golden Globes Order) [FCC 04-43; 19 FCC Rcd. 4975, 4976, n. 4 (2004)].  The broadcasters claimed the FCC’s progressively more stringent enforcement since 2001, against the broadcasting of fleeting expletives was arbitrary, vague and without sufficient explanation or notice.  In this latest Fox decision, the Supremes agreed and sent the case back to the lower courts one more time.  Justice Ginsburg wrote the only concurring opinion, since she could not pass the opportunity to take a shot at a long standing precedent case – FCC v. Pacifica Foundation [438 U.S. 726 (1978); no. 77-528] [347] – the 3.July.1978 Supreme Court decision based on George Carlin’s “Filthy Words” routine, broadcast Tuesday, 30.October.1973.  Justice Ginsburg got it right; the FCC Golden Globes Order is constitutionally invalid AND Pacifica should be overruled and eliminated as precedent in such cases.

News from the economic front:
-- The nonpartisan Congressional Budget Office estimated the default execution of Title I of the Budget Control Act of 2011 (BCA) [PL 112-025; 125 Stat. xxxx; 2.August.2011] {AKA the Sequester, the fiscal cliff, or Taxmageddon} [503, 504] will plunged the Nation into a deep recession during the first half of next year, if Congress fails to avert nearly US$500B in tax hikes and spending cuts set to hit in January.  The massive round of New Year’s belt-tightening would disrupt recent economic progress and push the unemployment rate back up to 9.1% by the end of 2013.  Let us not forget the failure of the Joint Select Committee on Deficit Reduction [519], charged by Title IV of BCA to achieve a solution to avoid the Sequester.  Congress had the opportunity to solve the problem a year ago.  I do not hold much hope they will stand up to the mark this time.
-- The Federal Reserve’s Open Market Committee indicated they are preparing new stimulus to boost the recovery, if the economy does not show substantially stronger signs of growth “fairly soon.”
-- The British Office of National Statistics revised the country’s 2Q2012 Gross Domestic Product (GDP) up to -0.5% from -0.7% after adjustments to the construction and production sectors.

Comments and contributions from Update no.557:
Comment to the Blog:
“I see we still disagree on transparency in government. Official secrecy has always been used to cover up incompetence as well as corruption, and Operation Fast and Furious will be a particularly damning example of that, I think.
“The end of secrecy in general is in sight. Julian Assange is only one example of people who are making pretty much all government and corporate operations open, ready or not.
“Why Harvard would use DNA to encode language is beyond me.
“The point of knowing Governor Romney’s tax rate is to understand whether he could ever empathize with ordinary Americans. I have my doubts.
“Your discussion of the Supreme Court decision eludes me in its entirety.
“Governor Brewer continues to assert her imaginary right to defy the Federal government. We may hope that in time she will go too far and be removed from political life. In the meantime, the Native American part of me revels in the irony of Europeans complaining about the later immigrants threatening their way of life.
“I marvel at how easily you and your friend find people driving slowly on the freeways. The legal speed limit seems a reasonable measurement of that. I drive very close to the speed limit, and I encounter a slower driver about once in fifty to one hundred miles. That would be one in several thousand drivers. People driving at dangerously slow speeds elude me. I have seen people drive at lower than ten miles under the speed limit on freeways about five or six times in the thirty-five years I have been driving. Perhaps those who find themselves highly annoyed should learn to plan their time more effectively and to deal with their stress. Keep in mind that your rage changes nothing about anyone else but can affect your own health. I wish you well.”
My response to the Blog:
Calvin,
            Re: government transparency.  I do not presume to know or understand the reasons why the administration needs to withhold Fast and Furious information.  They are entrusted with protecting this Grand Republic.  History and the law catches up to everyone, but public disclosure of classified information is not the way.  Are there bad people who try to use classification to hide their malfeasance?  Yes!  However, public disclosure of means and methods is not the way to nab the bad guys.
            Re: secrecy.  We need it for a host of reasons, especially in wartime.
            Re: encoding DNA.  Beyond me as well.  No one has yet stood up to explain why.
            Re: Romney taxes.  Again, I think it a bogus, red herring.  There are plenty of other ways to establish his empathy.  If you don’t like the amount of taxes Romney pays, tell you representatives and senators to change the tax code.  I have no doubt Mitt has complied with the law.
            Re: SCOTUS SB 1070 ruling.  I will not attempt to rehash the significance, unless you really would like to get into it.  The most significant element was in Alito’s dissenting opinion that the Court’s decision establishes precedent of enforcing agency policy rather than the law.  The potential consequences of the SB 1070 ruling are comparable to Citizens United . . . that to me is enormous.
            Re: Brewer.  Arizona is caught between a rock and a hard spot – damned if they do, damned if they don’t.  I do not take kindly to Brewer’s confrontational approach, but any action is better than inaction.  The point of the dissenting opinions was that the USG is choosing not to enforce the law, which is a policy decision.  Further, Congress passes laws, then denies resources necessary to enforce the law, and turns around to condemn Arizona for making a stab at enforcement.  Arizona did not supercede the Federales; they in fact followed the law.
            Re: traffic.  So, you are saying it is OK for a citizen to use his vehicle to enforce traffic laws and regulations as he sees fit, but it is not OK for citizens to protect their communities?  I have absolutely no problem with anyone who chooses to drive at or below the speed limit.  All I am saying is have a little respect for the flow of traffic.  Conversely, I do not condone reckless driving, e.g., large speed differentials.  If you wish to drive at or below the speed limit, move to the right and let others pass.  If someone is driving recklessly, let the police deal with him, or pull over and call 911 to report him.  I am only asking for a little respect and courtesy.  To say my irritation or displeasure is rage or road rage, would be a misnomer.  There are others among us who are not so tolerant.
   “That’s just my opinion, but I could be wrong.”
Cheers,
Cap

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

2 comments:

Calvin R said...

My comment on the end of secrecy last week referred to the ability to keep secrets, and to neither the willingness to try nor to the morality of the situation. I was as startled as anyone to learn that a member of Seal Team 6 had written about the killing of Osama bin-Laden.
As with any American my age or older (I assume), I remember watching the first moon landing. We had no TV, but we had friends who did. I can still remember the linoleum on the floor where I sat for what seemed forever before and after Neil Armstrong set foot on the moon.
I would call Representative Akin a toad, but toads serve a purpose and Akin does not.
On both of the cases you discuss, my position is simple. I favor freedom.
On the Sequester bill, I am one of the many who saw this as a disastrous evasion of responsibility on the part of Congress. We may only hope that someone can push our elected “representatives” to take some of the responsibility for their choices at some point before the current mess goes catastrophic again.

Cap Parlier said...

Calvin,
Re: secrecy. Ideologically, I would prefer all government actions to be open, public and timely. The Internet has helped us get closer that idealized objective. I actually supported the Controlled Substances Act of 1970 based on Press reports – all we had available 40 years ago. Today, we can read legislation as it is created and makes its way through Congress. We can read judicial pronouncements from the district courts to the Supreme Court, which helps us understand the law and its implications. We are far closer to open government than at any time in our history. Yet, there are elements of information that should remain classified and not available to the public for at least 20 years. I wanted to know the details of the Operation NEPTUNE’S SPEAR, but the government leaks compromised future operations and inflicted a terrible punishment on Doctor Shakil Afridi. While the President’s public statement was encouraging and probably appropriate, everything beyond the simple fact was grossly inappropriate. I am very much for open government, but not when it compromises national security or public safety.

Re: Armstrong. That day left a permanent impression on those of us who witnessed history.

Re: Akin = toad. Spot on! Unfortunately, there are far too many just like him and worse.

Re: freedom. Freedom is not always pretty, pleasant or comforting, yet the parsing of freedom ultimately diminishes freedom for all of us . . . we may not recognize it but true nonetheless.

Re: Sequester. The Budget Control Act of 2011 (BCA) [PL 112-025; 125 Stat. xxxx; 2.August.2011] may not be perfect law but it did what had to be done – we cannot sustain this debt. We are spending beyond our means. I pointed directly at the political intransigence of the Joint Select Committee on Deficit Reduction as the canary in the coal mine. I have no reason to doubt the assessment of the CBO. If Congress believes an even deeper second dip recession is appropriate and necessary, then let’s get on with it. We have risen from the ashes before, I do not doubt we will do it again. The only question is when?

Cheers,
Cap