26 November 2012

Update no.571


Update from the Heartland
No.571
19.11.12 – 25.11.12
Blog version:  http://heartlandupdate.blogspot.com/
To all,

I trust everyone had an enjoyable celebration of Thanksgiving.  Happy Holidays.

Since we seem to be talking a lot about sex these days, here is a relevant opinion piece juxtaposed against L’Affaire Petraeus [569, 570] and the Sinclair case [570] with Rebecca Sinclair’s opinion [570].
“No sex?  Permission to speak freely, Sir.”
by Laura Cannon – Op-Ed
Washington Post
Published: November 23, 2012
Laura Cannon [USMA 2001] is a former Army officer and an Operation IRAQI FREEDOM veteran, and is writing a memoir on her military service titled “War Virgin.”  Interestingly, the first public comment on her opinion from “EuroAm,” at 7:44 AM CST, said, “10,000+ years of natural selection isn't going to be circumvented by silly rules.”  Congress sets those “silly rules.”  I will not endorse the “silly” qualifier, but I will say Congress needs to grow up and reform the rules that govern the military.  Expecting soldiers to be celibate for a year or more is simply unrealistic and I dare say inhuman.  Adultery is not a proper rule for the military (or anyone else), although “good order and discipline” is essential.  A more realistic and modern set of rules is required.

For several decades, I have been on a quest to understand why we have the laws we do with the societal rules that go beyond the law to fill in the gaps, and how those laws and rules affect our lives.  Freedom is a primary topic.  Marriage is a subset of our freedom and a contemporary, public, debate topic for a host of reasons.  The Doctrine of Coverture has controlled our expectations regarding marriage for centuries; the legal principle was first articulated by Sir William Blackstone (1765), but can be traced back millennia by custom and tradition.  Further, at the birth of this Grand Republic, only Caucasian, male, educated, Protestant, property owners held the full rights of citizenship, and it was just accepted to be so, even in the context of the most lofty proclamations “that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”  Under the law of the day, when a woman married a man, she ceased to exist as a legal entity, having cleaved unto her husband, abandoning her family name and taking his family name, and becoming essentially his property.  The beginnings of the temperance movement can be traced back to at least 1826, when wives complained to their clergy about alcohol consuming the capacity of their husbands to provide for their families.  Other social prohibitions like adultery, abandonment, and such were intended to protect wives, who were at the mercy of their husbands.   It is in this context I was drawn to a Supreme Court ruling – Kirchberg v. Feenstra [450 U.S. 455 (1981); no. 79-1388].  The case involved a Louisiana “head and master” statute.  In 1974, Joan Feenstra filed a criminal complaint against her husband, Harold Feenstra, charging him with molesting their minor daughter.  To pay for his defense, Harold took a promissory note, secured by a mortgage on their house without informing his wife or seeking her consent, using the state’s “head and master” law [“Lord and master” laws in other states], which gave Harold exclusive authority over their community property. Two years later, after their divorce and settlement, Harold’s attorney Karl Kirchberg demanded payment of the promissory note from Joan, or he would foreclose on her home.  After the 5th Circuit’s ruling against Kirchberg, Louisiana changed their community property laws, eliminating the “head and master” provisions.  The unanimous Supremes affirmed the appeals court decision and declared “head and master” laws an unconstitutional violation of the Equal Protection Clause of the 14th Amendment.  When the Equal Rights Amendment passed Congress in 1972 and was sent to the states for ratification, I supported and voted for the constitutional change.  By the 1982 expiry, 35 states ratified the amendment with 38 states required.  At the time, I believed the amendment was justified and warranted, and I had no idea “head and master” laws even existed.  Those who voted against the change espoused their beliefs the amendment was unnecessary and superfluous.  In my humble opinion, we have yet to achieve the noble ideals of the Founders – every citizen does not enjoy the full rights and privileges of citizenship or equal protection under the law.  We still have a long way to go to achieve the Founders / Framers brilliant objective.

News from the economic front:
--Moody's Investors Service downgraded France's government bond rating by one notch to Aa1 from Aaa, with a negative outlook, while Standard & Poor's Ratings Services confirmed AA+ rating France's debt and negative outlook. 
-- A U.S. District Court judge in New York ordered Argentina to pay US$1.3B to hedge funds that refused to restructure their debts after the country’s 2001 default when it makes regular payments to its restructured bondholders in December.  The ruling challenges the principle of sovereign immunity against creditors that has largely reigned in international law for almost a century, and raises the possibility that Argentina will default once more.

Comments and contributions from Update no.570:
“Your Gen. Petraeus piece most interesting, if not shocking in the extreme. I thought from day one this must been a slow news day with the ensured media frenzy. Or are my personal standards of morality effecting my judgement?  However Brig Gen. Sinclair, we have heard nothing of this case over here.  Now this sounds unbelievable serious, are they really throwing all those charges at him? Surely they aren't all offences to be dealt with by a general courts marshal? I will admit Cap, that at this point I am totally lost in the masques involved here. Please more and simple explanations needed! Pleased to hear about your PSA mate, bloody well done, keep taking the pills.”
My response:
            Re: L’Affaire Petraeus.  Shocking in the extreme, indeed!  We Americans have a strange, antiquated, historic sense of morality, and we are consumed by opportunities to condemn those who do not live up to our sense of morality.  I do not know what happened or what arrangements may have been in place (or not) between Petraeus and Broadwell, or their respective spouses, and frankly, it is none of my business or anyone else other than the individuals involved, but that does not stop the Press or the majority of Americans focusing on the affair, rather than national security (the only legitimate public concern that should have been the point). 
            Re: Sinclair.  Yes, indeed, quite serious.  Sinclair is accused of having extramarital affairs with serving women and contractor personnel.  A long list of charges is common in such cases.  Normally, I would not mention a case like Sinclair’s.  It was his wife Rebecca’s Op-Ed piece that instigated my opinion.  In general, I say extramarital affairs are private matters between wife and husband, and not an activity of state interest.  However, the military is a unique environment.  The good order and discipline aspect is far more important and sensitive.  Extramarital affairs have been going on in the military forever.  Most are never prosecuted, as they generally remain private.  The ones that come to the attention of the command are usually handled in a non-judicial manner.  The reason(s) behind this very public prosecution are not known or obvious, but I suspect there is much more involved than just sex.
            Re: PCa.  Thx for yr kind words.  No pills required, but I follow doctor’s orders precisely.  So far so good.
. . . follow-up comment:
“Yes Cap, I'm surprised at the reaction of the American public to this sad matrimonial business. However if most Americans live by the comprehensive roles agreed on the day of matrimony to love, honour and obey then we must expect such a reaction from those that do so. However, those that do not make solemn pledges to their partner must learn to keep their views to themselves.
“In such a case as we are discussing there is only one aspect that we must consider above all else, state security.
“My personal view might be, to hell with the matrimonial infidelity, not interested, but the security of your nation and mine are inexorably linked.  With the 'desperates' in our societies waiting and determined to reduce our morale and way of life by whatever means available we need to be especially concerned when such high ranking personnel become embroiled in such a ghastly mess. I did note your point re national security Cap. Not perhaps so 'newsworthy' as matrimonial infidelity- until the bomb goes off.
"I only had one such case while serving, a Sergeant and a serving air woman.  He was courts martialled and reduced to the ranks. Unfortunately, due I suppose to the shame he had bought on his family and his unit, he committed suicide in his car.
"I had the job of collecting his car and taking charge of the burial party.  For me that was one of the blackest of days and never to be forgotten. I add this piece as I know and understand the shame of imposing such a sentence on an otherwise good man."
Cap I go on again!
Both been on sick parade here after our flu jabs! (inoculations.) Now in second week.
Regs to your family over there. Looking forward to springtime.
Peter.
 . . . my follow-up response:
Peter
            Re: American sexual morality.  I think we colonists recognize the massive dichotomy our social conservatism represents; yet, we seem incapable of rectifying the duality.  The “solemn pledge” as you so accurately state it, is between husband and wife [figuratively, as the pledge applies to all other combinations].  In earlier days, when wives were considered property of their husbands, laws regarding marital misconduct were appropriate.  I have and will continue to argue those laws are no longer appropriate or relevant.  I will also argue society’s condemnation and ostracism are likewise antiquated.  Sex is part of life whether we choose to acknowledge it or not.
            Re: state security.  Spot on, brother.  The public and State concern in L’Affaire Petraeus should have been confined to the national security question.  Once that issue was satisfied, the matter should have been closed to both the public and the State.  Unfortunately, we have not matured to that level yet.
            Re: infidelity in the military.  The unique environment of military life and especially combat operations demands more discipline and control; however, even the military must grow up.
            I know that trauma of dealing with suicides.  So sad when it comes in instances like yours.  May God rest his soul.
   The last flu shot I took was 40+ years ago; got really sick; not done ‘em since.  I’m getting to the age where I should, but just not there yet.
   Have a great weekend.  Hey, mate, it’s not even winter yet.  LOL  We have a ways to go for springtime.
Cheers,
Cap

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

19 November 2012

Update no.570


Update from the Heartland
No.570
12.11.12 – 18.11.12
Blog version:  http://heartlandupdate.blogspot.com/
To all,

Secession!  Really?  How timely!

Jeanne was not interested, so she sent out an invitation for any local family to see Steven Spielberg’s movie “Lincoln.”  The only taker was our friend Cindy.  We met at the theater at noon Saturday.  Critics proclaimed the movie . . . slow; I shall respectfully disagree.  While the main and title character is President Abraham Lincoln, the subject was the passage of the 13th Amendment [House passage: 31.January.1865; ratification by the “loyal” states: 6.December.1865] – an interesting complement to the parliamentary efforts of William Wilberforce [1807] and portrayed in the movie “Amazing Grace.”  A phenomenal cast includes at least three Academy Award winning actors, beyond the Academy Award winning director/producer, and performed at exemplary levels.  Every citizen of this Grand Republic as well as every freedom loving person on the planet must see this movie – this is history alive.  Congratulations to Spielberg and the fantastic cast of “Lincoln.”  Well done.

The follow-up news items:
-- BP has agreed to plead guilty to felony charges of “Misconduct or Neglect of Ships Officers” and pay US$4.5B in penalties, including US$1.26B in criminal fines, stemming from the Macondo Well / Deepwater Horizon disaster [20.April.2010] that killed 11 workers and became the worst offshore oil spill in U.S. history [436, 442, 456, 471, 474].  The plea deal is subject to U.S. federal court approval.  Attorney General Eric Holder also announced indictments against two of BP’s highest-ranking supervisors on the Deepwater Horizon rig; the pair were charged with 23 counts of criminal wrongdoing, including manslaughter.

This segment should be in the follow-up section, but it is too long.  Also, I started to write this assessment several times, only to abandon those attempts; this last one survived.  All other things aside, I would have preferred to leave what has become known as L’Affaire Petraeus without further comment [569]; however, the national security implications and rather poor reflection upon our society compel me to write.  I do not have sufficient grasp of facts or the capacity to reconstruct what happened; however, I do have a solidifying opinion.
            As a preface, we should be attentive and focused on the far more critical, fiscal cliff solution – national debt, tax reform, operating budget, deficit spending, et cetera ad infinitum – instead, we are consumed by the Petraeus resignation, or at least the titillating, salacious innuendo and implications surrounding his resignation.  We, the People, have not had a proper Federal budget in years.  This is no way to run a railroad.  Yet, here we are, so into the deep end I jump.
            To my knowledge (to this point), no one has violated any laws.  The L’Affaire Petraeus undoubtedly offends the sensitive moral values of many, but that does not make it wrong.  In this context, adultery is defined as voluntary sexual intercourse between a married person and someone other than a lawful spouse.  Beyond the law, some take a far broader view to include any sexual activity (physical) as well as mental or emotional infidelity, thus our obsession with flirtatious communications.  In the epoch of Victorian-era morality and the Comstock sin police, adultery was a felonious crime, ostensibly to protect women (wives) who held a subservient legal position under the Doctrine of Coverture.  Adultery remains a crime in some states, although rarely prosecuted these days.  [FYI: in Michigan, the maximum penalty for adultery is life in prison, quite akin to the “Scarlet A” branding.]  Adultery also remains a court-martial offense under the Uniform Code of Military Justice (UCMJ) for all military personnel regardless of rank.  Adultery is a morality law regarding private conduct or behavior.  My opinion of such laws should be quite clear, without re-statement.
            Just so we keep the personal things on a fair plain for the central players, since our Comstock morality has been offended:
·      Petraeus, 60 – married, father of two adult children (daughter & son)
·      Allen, 58 – family status unknown
·      Broadwell, 40 – married, mother of two young children (both sons)
·      Kelley, 37 – married, mother of three young children (genders unknown)
·      Humphries, 47 – family status unknown
There is of course much more to this story.
            For the purpose of my opinion, I shall say L’Affaire Petraeus began in May of this year, when Paula Dean Broadwell, née Kranz, allegedly sent “threatening” eMail message(s), using the pseudonym “Kelleypatrol,” to Gilberte “Jill” Kelley, née Khawam, regarding the common point of their cyber-spat – none other than Director of Central Intelligence (DCI) General David Howell Petraeus, USA (Ret.) [USMA 1974], as if he needed assistance. 
            As we know, Broadwell co-authored “All In – The Education of General David Petraeus”; but, she is also an Army Reserve intelligence officer [LtCol, USAR; USMA 1995], which probably means she has a TS-SCI (Top Secret – Sensitive Compartmented Information) clearance and some degree of access when she served on active duty.  Some Press reports suggest the FBI found classified material in her possession; if so, she may be charged with criminal violations of national security law.
            I initially reported that Kelley was “the State Department's liaison to the military's Joint Special Operations Command and a Petraeus family friend” [569] – not quite correct but as the Press reported.  She was an “unpaid” social liaison volunteer (which sounds quite like a fancy name for a prostitute) to MacDill Air Force Base, including U.S. Central Command and Joint Special Operations Command, in Tampa, Florida; she is also married and a mother of three children; she is not an employee of U.S. Government, nor is she affiliated with the State Department or any other government agency.
            Kelley brought the eMails to the attention of a friend of hers, local FBI Agent Frederick Ward Humphries, II, who in turn referred the case to the FBI cyber-crimes unit.  As a curious side note, Humphries is a former Army intelligence officer and was apparently quite enamored with Kelley, as he sent images of himself bare-chested to Kelley.  Humphries was barred from the case due to his friendship with Kelley and perceived conflict of interest.  The FBI quickly determined there was no national security threat with respect to Petraeus.  Not happy with the result and suspicious the case would be swept under the rug, Humphries took it upon himself, presumably as a whistleblower, to contact Representative David George “Dave” Reichert (R-WA) [27.October.2012], who in turn contacted House Majority Leader, Representative Eric Ivan Cantor (R-VA), who in turn contacted FBI Director Robert Swan Mueller, III – what goes around, comes around.  Circa 6.November, the Justice Department informed Director of National Intelligence James Robert Clapper, Jr., of the investigation.  Petraeus and Broadwell both acknowledged their extramarital affair.  Clapper called Petraeus and urged him to resign.  Petraeus resigned three days later.
            In the course of the investigation, Commander, International Security Assistance Force (Afghanistan) General John R. Allen, USMC [USNA 1976], turned up in the eMail messages and was placed under investigation for “inappropriate flirtatious communications” with Jill Kelley – yes, the same one.  General Allen is serving on active duty, and thus is subject to the Uniform Code of Military Justice (UCMJ), which punishes adultery and conduct unbecoming of an officer and a gentleman.  Allen was preparing for Senate confirmation hearings regarding his appointment as Supreme Allied Commander, Europe.  Secretary of Defense Leon Edward Panetta requested the Senate place Allen’s appointment on hold, pending the outcome of the investigation.
            It would be easy to conclude Paula Broadwell started the whole cascade of events that cost us the service of a successful soldier and maturing DCI.  We have not and may not see the eMails to judge for ourselves; so, any judgment in that context must be reserved for future disclosure.  Nonetheless, the image coalescing in my little pea-brain is that of an intelligent, accomplished, ambitious person who has grand aspirations and the competency to achieve them.  Some in the Press and Media like to portray her action as a jealous mistress protecting her turf, but that is not the image I have.  I think she was trying to be a good friend and warn friends away from risk.  I could also present a cogent argument that Jill Kelley is the culprit with her revolting self-aggrandizement, and egocentric, irresponsible, narcissistic drivel, but that would be too easy with her grossly inflated impression of herself.  I have a very low image of her intellectual contributions to our society.  No, I will not take the easy targets.  To me, the real culprit in this episode is FBI Agent Fred Humphries who should have known better.  He should have been able to see Kelley for what she is, but he was so smitten, to be blind to reality; he acted like a lovesick boy with a powerful weapon.  Instead of trying to impress Kelley with his importance and to somehow get closer to her, Humphries should have been able to sort through her thin façade in short order; I dare say, he is not the investigator he thinks he is.  I believe a goodly portion of the initial public disclosures came from Humphries.  His foolish enchantment with Kelley coupled with his own sense of self-importance made him the perfect source.  Yes, my ire is focused on Humphries, and I expect him to lose his privileged position as a consequence of his foolishness.  He cost us the service of a good man, despite his human flaws.
            The only concern for the counterintelligence (CI) services should be threat potential, not judgment and condemnation for his private sexual proclivities and foibles.  The national security risk is using a sensitive private factor that an individual wants to keep hidden for any one of a host of reasons.  The usual response by the CI folks is disclosure to remove the potential threat.  We do not know, and we most likely will never know, whether the CI folks gave Petraeus the usual option.  Based on the publicly available information, his resignation was a political action, probably to make a social, moral statement, rather than any national security risk.  The tragedy here is, We, the People, lost a valuable public servant and leader of the Central Intelligence Agency.  I am not happy with how this affair has played out and the extraordinary cost at the frivolous hubris of Frederick Humphries. L’Affaire Petraeus should have never played out the way it did.
            Just because you join the military or take a position in government does not mean you take a vow of chastity.  I would say, government employees of any flavor are expected to conduct themselves in accordance with the law and maintain proper public behavior – the same as any of us.  This was never public conduct and as the FBI determine, there was no compromise or threat to national security; that should have been it.  Sure, Petraeus would have had some ‘splanin’ to do with his wife, but that should have been it.  We simply must grow out of this damnable Victorian morality that condemns those who do not live by those Victorian standards.  Sacrificing Petraeus for an antiquated, unnatural and ridiculous morality regarding private conduct is just flat-ass wrong, period.
            As an historic footnote: In embarrassing events such as this with honorable men, I am somberly reminded of Chief of Naval Operations Admiral Jeremy Michael Boorda, USN, who committed suicide 16.May.1996.  Boorda is notable for being the first American sailor to have risen through the enlisted rates to become the Chief of Naval Operations.  He was distraught over a Press investigation into his wearing of the Combat “V” on one of his personal awards.  I hope none of these current military leaders feel the urge for an “honorable” death.

From an entirely different case, a relevant opinion piece worth your time:
“When the strains of war lead to infidelity”
by Rebecca Sinclair
Washington Post
Published: November 15, 2012
Rebecca Sinclair is the wife of Brigadier General Jeffrey A. Sinclair, USA, who faces a general court martial, charged with forcible sodomy, wrongful sexual conduct, attempted violation of an order, violations of regulations by wrongfully engaging in inappropriate relationships and misusing a government travel charge card, violating general orders by possessing alcohol and pornography while deployed, maltreatment of subordinates, filing fraudulent claims, engaging in conduct unbecoming an officer and a gentleman and engaging in conduct prejudicial to good order and discipline, or of a nature to bring discredit upon the armed forces.  While under investigation, the general was relieved of duty as Deputy Commander, 82nd Airborne Division, in Afghanistan, and assigned as a special assistant to the Commanding General, XVIII Airborne Corps.  Ms. Sinclair said, “My husband had an affair.  He violated our marriage vows and hurt me tremendously.  Jeff and I are working on our marriage, but that’s our business.”  We should listen to the wisdom of Rebecca Sinclair.

A related debate question:
“Should Pornography Come Out of the Closet?”
Room for Debate Forum
New York Times
November 11, 2012
My short answer: yes, absolutely without a doubt, just as prostitution should be de-criminalized and regulated for the protection of providers and customers.  The societal notion that prohibition somehow “protects” the innocent in a free society is the worst, most corrosive thinking. 

Stimulated by the PPACA [432] debate and the eventual associated decision by the Supremes – NFIB v. Sebelius [566 U.S. ___ (2012)] [554] – I returned to an earlier case regarding limits on Federal authority – South Dakota v. Dole [483 U.S. 203 (1987); no. 86-260; 23.June.1987].  Eighteen months after passage of the Surface Transportation Assistance Act of 1982 [PL 97-424; 96 Stat. 2097; 6.January.1983], Congress passed and the President signed into law an amendments act [PL 98-363; 98 Stat. 435; 17.July.1984] that established a national minimum drinking age of 21 years for consumption of alcoholic beverages [§6 (a); 98 Stat. 435, 437; 23 USC 158] and threatened to withhold 5% of the state’s allocation of Federal highway construction and maintenance funds from states that did not comply.  South Dakota promptly challenged the law as a violation of the 21st Amendment that the state contended granted sole jurisdiction to the states regarding the regulation of alcohol consumption.  Writing for the majority and the Court, Chief Justice William Hubbs Rehnquist noted, “In considering whether a particular expenditure is intended to serve general public purposes, courts should defer substantially to the judgment of Congress,” and he went on to conclude, “Congress found that the differing drinking ages in the States created particular incentives for young persons to combine their desire to drink with their ability to drive, and that this interstate problem required a national solution.”  This is a classic example of selective or biased interpretation of language (the law) to fit our social predisposition.  I understand that despite the societal agony of the Prohibition era, a goodly portion of our population still disapproves of alcohol consumption and especially condemning of alcohol for young folks.  Unfortunately, Associate Justice Sandra Day O'Connor was not able to persuade her colleagues, yet as was so often the case, her wisdom and insight are far more constructive to our sense of freedom.  In her dissenting opinion, O’Connor wrote, “[Congress] is not entitled to insist as a condition of the use of highway funds that the State impose or change regulations in other areas of the State's social and economic life because of an attenuated or tangential relationship to highway use or safety.  Indeed, if the rule were otherwise, the Congress could effectively regulate almost any area of a State's social, political, or economic life on the theory that use of the interstate transportation system is somehow enhanced.”  This is precisely my predominant concern with federalism and the encroachment of Congress on state’s rights as well as individual freedom of choice.  The Spending Clause [Article I, Section 8, Clause 1] in this particular case and the Commerce Clause [Article I, Section 8, Clause 3] in general, especially as they have been expanded by preferential interpretation by a federalist Supreme Court, are the instruments of our demise.  Her logic and reason should have prevailed over the emotions of social conservatism.  We define 18 years as the age of majority under the law at which point a person gains full citizenship, which means he can vote, can sign contracts, enlist in the military, and do all other things that citizens can . . . well, except he cannot consume an alcoholic beverage . . . the last vestiges of Prohibition.  The alcohol drinking threshold remains at 21 years of age to this day.  So, when one person or another starts yammering about the current administration being the advocate for big government, nanny-state intrusions into our private lives, please recall this little factoid – South Dakota v. Dole.  The Federal government has been whittling away our freedom to pursue our personal, private Happiness for many more years than President Obama has occupied the Oval Office.  I could argue the erosion of our freedom began in earnest during the Nixon administration, but that would ignore laws passed in 1873, or 1857, or even as early as 1842.  Clearly, we cannot rely on the Court to defend our precious freedom; that responsibility remains squarely with We, the People.

News from the economic front:
-- Japan’s Cabinet Office reported the nation’s economy contracted by 0.9% in 3Q2012, the steepest decline since the Tohoku Earthquake hit in 1Q2011, as exporters suffered a 5% decline in shipments to key markets such as China and Europe.  On an annualized basis, Japan’s GDP fell 3.5% in 3Q2012, following a revised 0.3% gain in 2Q2012.  The economic outlook for Japan is worsening.
-- The International Energy Agency (IEA) forecast the U.S. will overtake Saudi Arabia and Russia to become the world’s largest oil producer by 2017.  The report reflects how the drilling boom that is tapping North America’s vast reserves of hard-to-get-at oil and gas, the so-called shale revolution, and is changing the global energy landscape.
 -- Eurostat, the EU’s statistics office, reported the eurozone’s economy contracted by 0.1% in 3Q2012, compared with the previous three months, which follows from a 0.2% decline in 2Q2012 and means the eurozone (the 17-member subset of the EU) fell back into recession in the third quarter, dragged down by the Netherlands and peripheral nations.  The wider EU avoided recession after recording slight growth of 0.1% in the third quarter, largely thanks to an Olympics-related boost in the UK.  The French economy unexpectedly grew 0.2% in 3Q2012.  The German economy grew at a modest 0.2% after growing 0.3% in 2Q2012.
-- The Federal Housing Administration (FHA) reported the results of an independent annual audit that indicated the agency will exhaust its capital reserves and face a deficit of US$13.5B.  The FHA has forecast significant losses on the US$1.1T in loans it guarantees and may require taxpayer funding for the first time in its 78-year history.

Comments and contributions from Update no.569:
“I do agree with some of your points.  Yes, Obama is not solely to blame for this economic mess.  To borrow from Casey Stengel, after his New York Mets Team lost 120 games in 1962.  ‘No one man was responsible for this.  This was a team effort.’  But Obama has done nothing to try to aid in economy's recovery.  The Stimulus Bill was a joke.  He curbs domestic oil drilling.  He has no respect for small business owners – ‘You didn't build that’ - and has no understanding how business works.
“Health care reform is needed.  I think everyone can say that.  But Obamacare is not the way to go.  A system that forces you to buy insurance or be fined is obscene and unconstitutional, regardless of what that fool John Roberts says.  That man is a disgrace as a judge and has pushed this country further toward socialism.  I have nothing but contempt for him.
“Obama probably is a good father.  I'm willing to give him that.  But given what he has done to turn us into a socialist welfare state, given how he has done nothing to curb government spending, given how he and his administration allowed four Americans to die in Benghazi, given how he sued my state because he is more concerned about the rights of illegal immigrants than the rights of American citizens, given individual mandate of the health care reform act, it is my view that Obama is ruining this country and doesn't even give a damn so long as he can sit in the Oval Office and spew out his empty promises and try and fool as many Americans as possible into believing he is the answer.  I refuse to show him an ounce of respect.  Maybe that makes you a better man than me, but I despise Obama.  He does not have the country's best interests at heart and I have nothing but ill feelings toward him.
“I just pray that enough Americans find ways to resist and overcome his hurtful policies and do what they can to get the country back on track.  Only time will tell, I guess.
“Have a good day, and on this Veterans Day, thank you and your fellow servicemen and women for your service to our great country.”
My reply:
            At least we agree of a few things.
            Re: economic recovery.  We can argue over the role of government in recovery from recession, but I cannot agree that Obama has done nothing.  The banks and businesses saved by government bailout money are undeniable.  Again, we can argue whether they should have been saved, but he did take action.
            Re: Obama’s “build it” statement.  His statement has been twisted well beyond the context.  He was referring to the totality of the economic system.  The Federal government paid for most of the interstate highway system, subsidized railroads, electrical grid, runways, bridges, et cetera, the infrastructure that business depends on to take orders and move their goods to market.  The USG also established standards for a myriad of things that have enhanced our competitive position, i.e., our products have become the world standards.  So, let us not be so narrow in our focus that we forget that government enables business and makes life better.  This Grand Republic was founded upon commerce.
            Re: PPACA.  I do not defend PPACA as The Answer, but at least it is an attempt.  I was taught early on as a midshipman and Lieutenant of Marines that any action is better than inaction, i.e., do something, don’t just stand there.  There is no doubt that PPACA can be improved.  I will also agree that the NFIB ruling was a stretch, but John Roberts is no fool.
            Re: socialist welfare state.  You’re going to have to paint a more specific picture.  I simply do not see it.  I hear all the brouhaha rhetoric, but I do not see the facts.  Show me! 
            Re: Benghazi.  Really?  Allowed them to die . . . really?
            Re: AZ SB1070.  I’ve written my opinion.  It has not changed.  I did not support the action by the Federales.
            Re: respect.  Whether you show him respect is your choice.  I shall do so, and I see no reason not to.  He has not done a perfect job, but he has done some things.  You are free to despise him.  I cannot dissuade you, and all I can do is urge you to take the broader view.
            Re: hurtful policies.  What policies, and hurtful to whom?
            It has always been an honor to serve this Grand Republic, even in those dark days of the Vietnam era.  Thank you for the recognition.

Comment to the Blog:
“My summary of the Federal election: the two parties spent $2 billion, fought for two years, and changed nothing. We have the same President, the same party controls each house of Congress, and we face more nonsense.
“Same-sex couples progress toward marriage rights. I see that as another development in a trend extending from the 1960s onward of sexual equality reaching more people. I applaud the changes.
“Marijuana laws interest me. The history of Prohibition of alcohol shows me that banning the use of any mood-altering substance does nothing but drive users underground, leaving them and society prey to all manner of predators. You have an important point that the Federal Government will have an issue because these laws conflict with Federal law. We shall see what happens.
“The Puerto Rican vote may become very important. Between the multiple interests within Puerto Rico, mainland xenophobia, and the role ascribed to Latinos in the 2012 Presidential election, the outcome of that vote may provide fascinating politics for decades.
“Your ‘long term friend and contributor’ takes the unlikely position that others seek the defeat of the nation where they live. I don’t think so. I believe that many, including your friend, see their own interests poorly and have been consistently misled by people whose view of our national health is blinded by their own greed and/or their desire to control others’ personal lives.
“The term ‘socialism’ is a bogyman used loosely in this and many other public spaces. The provision of the PPACA (Obamacare) to which you and others object is a requirement to do business with corporations. That is not socialism; it comes closer to fascism and benefits those corporations. Some of the corporations involved are so short-sighted that they fail to realize that. Follow the money to find the real interests. In the meantime, the more prosperous countries right now are the Scandinavian nations of Northern Europe, which come much closer to socialism than anything we have in the USA. Even Germany, the most prosperous ‘capitalist’ member of the EU, offers many more social benefits than we do. According to capitalist theory (i.e., the most prosperous are the most virtuous) they must be doing something better. (That addresses national, not individual, prosperity.)
“Your linked articles on marriage would be more interesting if they were more readable. My personal reading level is in the 99th percentile, and I found that first article difficult. All she does is refute the notion of ‘civil unions’ for caregiver purposes. She entirely misses the question of civil versus religious marriage and does not discuss resistance to any of these ideas. The other two articles could benefit from an easier format. They use simpler language, but they give advice for those already involved in polyamory, not discussion on the larger issue of marriage. Because you stated, ‘The floor is open,’ I will add my personal view. I would open marriage to any consenting and responsible adults, but I doubt that unions of more than three people will ever achieve much success. Your third article supports that.
“We have not slowed our approach to the fiscal cliff. The same dimwits who set up this hazard remain in charge. Same old same old. Grab your parachute.
“I agree that governors who refuse PPACA (Obamacare) funds are cutting off their noses to spite their faces.
“General Petraeus’ affair is none of my business.
"The clergy and churches operate in a bizarre legal environment.
“Please track the real-world results of austerity programs in Southern Europe. Keep in mind that people failed by social-service programs drag down economies due to illness, homelessness, and the other results of such failures. Note the comment on prosperity above.
“I suddenly realized that this comment has become very long. Please advise if it needs trimming.”
My response to the Blog:
Calvin,
            No worries about the length . . . as long as it is accepted by the Blog.  Opinions and vigorous debate are far more important than length.
            Re: election.  Excellent observation and quite appropriate it seems to me . . . more nonsense indeed.
            Re: marriage equality.  I join you in the applause, but we have so far to go and Kansas is buried so far in the past.
            Re: marijuana.  I know the logical and inevitable outcome.  The only question in my mind is how much pain do we have to endure to achieve it.
            Re: Puerto Rico.  You got that right . . . fascinating politics indeed.
            Re: contributor.  We all have our opinions, and it is important to share those opinions for the good of this Grand Republic.
            Re: socialism . . . indeed, the boogeyman.  I believe I noted the insurance business manipulation . . . so, are we agreed?
            Re: marriage articles.  As noted at the bottom of the 1st article, the author is an academic, thus the structure of the article.  Perhaps marriages of more than three people cannot be successful, but at the end of the day, that is not for us to decide or determine.  My takeaway from the three articles: there are broad potential relationships inside and outside The Box, and we should allow people to decide for themselves.  These articles are just reflective of the larger issue of marriage.
            Re: fiscal cliff.  It remains a far greater concern that the Petraeus-Broadwell affair, and yet the Press is saturated by sex. 
            Re: L’Affaire Petraeus.  Once the lack of a national security threat had been established by the FBI, the only suggestion should have been to inform his wife, so there would be no future vulnerability.  The affair was between his wife and him, and no one else.
            Re: clergy & the law.  You got that right . . . in many more ways than one.  I have long believed they want their cake and eat it too.
            Re: social services.  Noted!
  Thanks for sharing your observations and opinions.  Take care and enjoy.
Cheers,
Cap
A follow-up comment:
Subject: Re: [Fwd: [Update from the Heartland] New comment on Update no.569.]
From: "Uncle Calvin"
Date: Tue, November 13, 2012 9:20 pm
To: "cap"
We have fairly broad agreement this week. The only thing I will add is that as clergy myself, I am aware that tax laws, for example, almost directly invite abuse. I could (but do not) use my clergy status to avoid taxation for almost any type and level of income. On the other hand, as a church employee (if I were part of an organized religion), I would face hazards not part of ordinary employment, as the court decision you cited points out.
My follow-up response:
Uncle Calvin,
            Indeed.  Employment laws are intended to protect employees from abusive employers and companies.  By giving clergy the latitude allowed under the current interpretation of the law, we reduce those intended protections in the name of the Establishment Clause.
            Just a related FYI . . . I view religion and churches in the same light as I do corporations post-Citizens United.  Eventually, we shall have to recognize that if organizations want the benefits and protections of citizenship, then they should carry the accountability and exposure to punishment that citizens face.

Another contribution:
“I hope things are OK with you relating to prostate cancer.   I hope no news is good news.  I have 2 comments about your latest update.
“Concerning President Obama ‘deserves our respect.’  I used to officiate middle school and high school sports.  I remember reading some literature relating to training football officials.  This statement was in it: ‘Nobody deserves respect.’  I think what the author meant is that respect must be earned.  If an official reports to the field with the attitude that players, coaches and spectators should respect him just because he is an official assigned to the game, he has a big problem.  He will have the respect of others by being competent.  The same thing goes for a Navy ensign or Marine 2nd lieutenant reporting to his first assignment.  If he thinks ‘my men should respect me because I am their division officer or platoon leader’, just like the football official, he has a big problem.  I think that applies to everyone, including the President.
“As for President Obama wanting to have rich folks taxed higher than they are now, I think the President equates income with wealth.  That is a mistake.  If someone makes $250,000 or more a year, that does not mean they are wealthy.  Likewise, if someone is worth $5 million and loses $40,000 in investments and has no income from wages, he or she is still rich even with a negative change in worth for the year.  I think President Obama wants more money going to the federal government as opposed to state and local governments, so he will achieve that by taxing income differently.  When I pay my real estate taxes, I pay my state, not the federal government.  So the federal government does not get its hands on the taxes from some rich person's mansion.
“I will be interested in what you think about these 2 comments.  Thanks in advance for your reply at your update.”
My reply:
            Also, thanks for asking.  I had my one-year follow-up with my urologist/surgeon last week.  PSA = 0.09, which he said was “essentially zero” – a very good sign.  He pronounced me in good shape.  Next milestone is six months – 18 months post-op.  So all’s well so far.
            Re: respect.  Well said and spot on.  I take a slightly different view, I will liken to the glass-half-full analogy.  Respect earned means you start with zero and work up.  As a general rule, I give people respect; they have the option to remove it.  We address the President of the United States as Mister President, not hey Barack, until he gains our respect.  It is all a matter of perspective and attitude, I suppose.
            Re: taxes.  Spot on, again.  Someone might make millions in income and spend every cent as fast as he receives it; he might actually have no assets or net worth to show for all the income.  I do not think the President is after wealth, but rather income.  A citizen who makes millions per year might have to adjust his lifestyle slightly, if he pays more in Federal income tax, but he will still be one hellava lot better off than a person who makes minimum wage or even a modest middle class income.  I know the tax rate is important to the Democrats, but that is a symbolic conceptual idol.  I think Speaker Boehner is closer to the real objective – go after the loopholes, deductions, exclusions, exemptions and other tax avoidance goodies that only those who can afford an army of accountants, lawyers and connections to congressmen [and then write it all off as a business expense].  Tax loopholes are like earmarks . . . just another form of corruption.  Folks like the Romneys can afford to pay more than his 14% effective tax rate; I’m good with leaving the tax rates as they are and closed those freakin’ loopholes.
   “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                        :-)