Update no.628

Update from the Heartland

No.628

23.12.13 – 29.12.13

Blog version:  http://heartlandupdate.blogspot.com/

To all,

Happy New Year!  May the next and subsequent years be substantially better for all of us.

Textron Chairman and CEO Scott C. Donnelly publicly announced the acquisition of Beechcraft Corporation – the whole company including the composite manufacturing plant and all type certificates – for US$1.4B.  The acquisition may take several months to complete, as federal approval is required.  Donnelly’s public statement indicated they had identified at least US$65M of overlaps between Cessna and Beech during their due diligence process.  It is not clear whether or perhaps how the two historic rivals and general aviation competitors might be integrated.  For Beech, this should be a positive change; since 2007, Beech has had investment bankers as owners, who only sought quick profit.  Textron is an experienced company with substantial aviation background and interest.

I just love circular arguments.  Here is another one:

“Legalizing prostitution doesn’t make it safer”

by Charles Lane

Washington Post

Published: December 23 (2013)

http://www.washingtonpost.com/opinions/charles-lane-legalizing-prostitution-doesnt-make-it-safer/2013/12/23/c23886e4-6c02-11e3-b405-7e360f7e9fd2_story.html?wpisrc=nl_politics

Apparently, the recent unanimous ruling by the Supreme Court of Canada in the case of Canada v. Bedford [2013 SCC 72 case no. 34788] {on my reading list but not yet reviewed} inspired Lane’s opinion piece.  There is no question and no debate that the revealed religions disapprove of prostitution, and after centuries of suppression, that the vast majority of people are offended by the immorality of prostitution.  As such, common law has evolved since at least the early Renaissance as much as a crude attempt to slow the spread of venereal disease rather than a moral statement.  There have been statutory attempts at tolerance, legalization, to prohibition as a capital crime (in some Islamic cultures).  Prostitution was recognized in the first written laws – Code of Hammurabi (1795 BC); the profession has been with us for millennia.  If we truly wish to eliminate human trafficking for prostitution and all the other aspects of the criminal sub-culture associated with prostitution, then state regulation is the only way.  Prohibition has not and will never work in a free society.  Further, simple legalization or tolerance will not stop the criminal sub-culture that has evolved to support prostitution.  In my humble opinion, we must swallow our moral pride and acknowledge that we cannot impose our morality on every citizen, especially with an activity that is predominately private.  The best we can do is regulate the profession of prostitution as we do other professions – medicine, legal, aviation, food preparation & processing, accountants, et al – heck, even building contractors are regulated.  If we genuinely seek public safety, lower crime, less disease, ad infinitum, we should abandon the laws of prohibition and embrace regulation.  We want to help women and children, let us recognize prostitution as a noble profession and bring the profession into the light of day.  Citizens can make their choices safely.

I refuse to acknowledge the Snowden fantasy.  I will continue to condemn Snowden’s narcissistic betrayal of this Grand Republic and our Allies for what it is – treason.   ‘Nuf said!

            Others are welcome to believe his drivel and delusions of grandeur as they wish.  We live in a free society.

Well, whatcha know!  I have not yet completed my review of the Klayman v. Obama [USDC DC civil action nos. 13-0851, 13-0881 (RJL)] ruling [627], and we have conflicted federal court decisions regarding the National Security Agency (NSA) warrantless, electronic, surveillance program(s).  The latest judicial pronouncement comes from Judge William H. Pauley, III, of the United States District Court for the Southern District of New York, in the case of ACLU v. Clapper [USDC NY SD 13 Civ. 3994 (WHP) (2013)].  The Press reports Judge Pauley reached a finding directly opposite from Judge Leon in Klayman.  Since they are literally days apart, the foundational law is the same, which in turn means their respective interpretations of the law should prove insightful, illuminating and perhaps even entertaining.  If we add in the final report of the presidential Review Group on Intelligence and Communications Technologies [627], this whole moment in history could become downright enthralling.  More to follow.

Comments from Update no.627:

“Money sure seems the corrupting influence though I also offer that deviation from core principles and values is also a contributor to political devolution.”

My reply:

Darren,

            What are the “core principles and values” you are referring to in your response?

Comment to the Blog:

“The NSA event continues. I will bring up again a deeper question. Beyond morality and law lurks the question of whether secrecy is still possible. If Edward Snowden had not done what he did, would someone else not do it?

“I was unable to reach the article ‘UK losing ‘courageous instinct’ without signing up for something. As far as I know, the UK lost leadership in world affairs sometime between 1900 and 1945. Certainly Tony Blair demonstrated all the courage of a typical lap dog. Was that not obvious?

“Same-sex marriage continues to gain ground. I look forward to decisions and appeals in Utah.

“The law prohibiting undetectable firearms fails in its concept. How do we enforce laws around things we cannot detect?

“The only real answer to the partisan polarization in Washington is to change the election financing process. These pawns will fight for the people who pay the bills. If that boils down to We the People, they will fight for us. If it continues to be corporate interests, the current situation will continue.

“Measures of US national wealth continue to improve. Unemployment and under-employment, not so much.

“I see JPMorgan Chase has agreed to another fine. Were you or I to accumulate as many fines for our driving as Chase has for its banking, we would no longer be allowed to drive.

“Your parallel of a gun shop owner who sells a weapon used for murder as similar to US support of the Taliban, the Shah of Iran, and others does not hold up. The gun shop owner sells his wares equally to all customers. He does not choose sides and he does not make a gift of his weapons to one side of a neighborhood dispute. It would be truly rare for the gun shop customers to come back to the shop trying to kill the owner. We have seen the Taliban and others turn on U.S. Finally, gun shops are regulated. It has become apparent that the U.S. government, and especially the spy community, is without restraint.

“To respond to your other commenter, yes, I am interested in the world outside the USA. However, on this blog I respond rather than initiate. I would choose Nelson Mandela as, at the very least, one of the greatest national leaders of all time. I believe that leading in a truly peaceful and loving way involves more difficulty and personal risk than any war ever fought, and Mandela achieved that.”

My response to the Blog:

            Perhaps absolute secrecy is not possible with the proliferation of smart phones, flash drives, pervasive social media applications, and a paucity of societal cohesion regarding the War on Islamic Fascism.  Regardless of whether secrecy is possible, punishment for betrayal of the trust associated with the expectation of secrecy must be severe.  Just a few decades ago, such betrayal would have resulted in a death sentence, e.g., the Rosenbergs (1953).  Even the suggestion of a pardon or immunity for Snowden is a grievous affront to all those who have sacrificed their last full measure in defense of the freedoms we enjoy.

            I do NOT share your view of the British place on the world stage.  I will insert the Press article about Sir Nicholas’ remarks below.

            We are in agreement on marriage freedom and civil rights.

            Re: undetectable firearms.  We cannot prohibit or eliminate the tools used to produce such devices; they are too important, utilitarian and broadly used in manufacturing prototyping.  The point of the law is to make the process from production to possession or use a federal crime.  They may not be detectable by conventional security devices, but they are certainly detectable by other means.

            I certainly agree with the deleterious effect of money, especially invisible money, on the election process.  Yet, the corrupting influence of money on the legislative (less so the executive and minimally the judicial) process goes far beyond the election system.  Somehow we must return corporations to their proper place in our society – legal constructs for commerce.

            Indeed, the U.S. economic recovery from the Great Recession appears to be picking up pace and deepening – a good thing for all of us.

            Re: banks.  Spot on!  Not only has the Supreme Court granted corporations (banks) the rights of citizenship, they have elevated them to an elite – our form of royalty.  The failure of the USG to punish the citizens who made those decisions compounded the travesty.  The bank (corporation) did not do those bad things; the citizens managing that bank made those decisions, and they should be prosecuted, convicted and punished for the destruction of the Great Recession and all of their other criminal conduct.  Corporations are NOT citizens, and bank executives are NOT immune.

            Re: Taliban v. gun shop owner.  It is all a matter of perspective.  I will not argue the point further.

            FYI: you are welcome to initiate as you wish.  All openers welcome.

            Re: Mandela.  As previously noted, I truly admire Mandela for a variety of reasons.  While I agree with your observation in general, I do not agree with your assessment of Mandela.  I shall respectfully disagree.

My very best wishes to all.  Take care of yourselves and each other.

Cheers,

Cap                        :-)

Update no.627

Update from the Heartland

No.627

16.12.13 – 22.12.13

Blog version:  http://heartlandupdate.blogspot.com/

To all,

Merry Christmas and Happy New Year to all.

The follow-up news items:

-- Will wonders ever cease?  Congress passed H J Res 59, Continuing Appropriations Resolution, 2014 [Senate: 64-36-0-0(0)]; House: 332-94-0-7(2)], including §§141-142 regarding the PPACA implementation [626], before the deadline of 15.January.2014, imposed by the Continuing Appropriations Act, 2014 [PL 113-046; 127 Stat. 558; 17.October.2013], §106 [127 Stat. 559] [618].  The President is expected to sign the bill into law while he is on vacation with his family in Hawaii.  Even in the light of uncommon bipartisanship, I will note with some sadness, even the Press is referring to the bill as a budget, as if continuing resolutions are the new normal for proper appropriations legislation.  Regardless, at least the United States Government (USG) will continue to function.

Judge Richard J. Leon of the U.S. District Court for the District of Columbia issued his ruling in the case of Klayman v. Obama [USDC DC civil action no. 13-0851 (RJL)], declaring portions of the National Security Agency’s (NSA) surveillance program unconstitutional.  The decision is at the top of my judicial reading list, so I shall withhold my perspective until I have the opportunity to absorb the judge’s reasoning.  More than a few talking heads and pundits declared the judge’s decision vindication for Snowden’s betrayal as a “whistleblower.”  I say nonsense!  Snowden has committed thousands of felonies and damaged the national security of the United States, Great Britain, and relations with our allies.  More to follow.

The White House announced and released the final report of the presidential Review Group on Intelligence and Communications Technologies.  This is another to-be-reviewed document.  A quick scan tells me that review might be most productive in conjunction with the review of Klayman v. Obama noted above.  Again, more to follow.

Chief of the Defence Staff General Sir John Nicholas Reynolds “Nick” Houghton, GCB, CBE, offered his stark assessment of Britain’s standing in the world community at the Royal United Services Institute in London.  Sir Nicholas offers observations we should all heed.

UK losing ‘courageous instinct’, warns general

by Sam Jones, Defence and Security Editor

Financial Times [of London]

Published: December 18, 2013; 9:19 pm

http://www.ft.com/intl/cms/s/0/ea62dafe-6827-11e3-8ada-00144feabdc0.html - axzz2o4OquECO

I will note in passing New Mexico’s Supreme Court issued a ruling Thursday legalizing same-sex marriage in the state, declaring it is unconstitutional to deny a marriage license to non-heterosexual couples. New Mexico will apparently join 16 other states and the District of Columbia in allowing gay marriage.

The President recently signed into law an extension of 10 years [PL 113-057; 127 Stat. xxxx] to the Undetectable Firearms Act of 1988 [PL 100-649; 102 Stat. 3816; 18 USC 922; 10.November.1988].  The law continues to make the manufacture, distribution, possession, or use of plastic or non-metallic firearms illegal.  State-of-the-Art industrial three-dimensional printing machines can produce a plastic pistol capable of firing lethal projectiles and remain undetectable to conventional security devices at airports, federal buildings, and other facilities with such devices.  The legislation does not indicate why Congress chose a time-limited prohibition on these firearms, yet I am certainly good with this law, and I would encourage Congress to make it permanent, with the only possible exception being the special operations folks.

With all this fretting about USG debt default as a consequence of the political wrangling in Congress, I felt compelled to read a relevant Supreme Court decision – Perry v. United States [294 U.S. 330 (1935); no. 532].  The history is quite intriguing and illuminating. 

            Mr. John M. Perry of New York City, held a bond obligation of the United States of America with a face value of $10,000, known as ‘Fourth Liberty Loan 4 1/4% Gold Bond of 1933- 1938’ issued on 24.October.1918 – the last of the bond series used by the USG to finance the War with Germany.  The bond explicitly stated, “The principal and interest hereof are payable in United States gold coin of the present standard of value.” On 24.May.1934, Perry presented his bonds for redemption “by the payment of 10,000 gold dollars each containing 25.8 grains of gold 0.9 fine” per the conditions on the bond.  Unfortunately for Perry and others, the United States experienced the financial system collapse that sparked and deepened the Great Depression, and Congress passed a series of laws intended to stop the bleeding. 

            On 14.March.1900, President McKinley signed into law the Gold Standard Act [PL 56-I-041; 31 Stat. 45], §1 that established “the dollar consisting of twenty-five and eight-tenths grains of gold nine-tenths fine” . . . “shall be the standard unit of value” for all forms of money.  Then, from Black Tuesday, 29.October.1929, citizens who had the means began hoarding gold as a bulwark against the mounting collapse of the financial system.  On Saturday, 4.March.1933, Franklin Delano Roosevelt took the oath of office as the 32^nd President of the United States of America.  Five days later, he signed into law the first of a series of emergency laws – Emergency Banking Act of 1933 [PL 73-I-001; 48 Stat. 1; 9.March.1933].  As authorized by the new law, Roosevelt issued Executive Order 6102 [5.April.1933], forbidding the hoarding of gold coin, gold bullion, and gold certificates within the continental United States; the order criminalized the possession of monetary gold by any individual, partnership, association or corporation.  To validate, support and reinforce the President’s actions, Congress passed a series of laws:

Agricultural Adjustment Act (AAA) [PL 73-I-010; 48 Stat. 31; 12.May.1933] [570], in this case, specifically, Part 8 –Emergency Farm Mortgage Act of 1933); Title III, §43(b)(2) [48 Stat. 52], allowing POTUS to fix the weight (value) of gold and silver coinage;

AN ACT To assure uniform value to the coins and currencies of the United States [PL 73-I-Res. 10; 48 Stat. 112; 5.June.1933];

Banking Act of 1933 (AKA Glass-Steagall Act of 1933) [PL 73-I-066; 48 Stat. 162; 16.June.1933]; and,

Gold Reserve Act of 1934 [PL 73-II-087; 48 Stat. 337; 30.January.1934].

The effect of these Great Depression era emergency laws made it illegal to own gold and negated the Gold Clauses in the Liberty Bonds as well as other federal and corporate contracts.  As Perry’s 4^th Liberty Bonds matured, he sought to redeem them per the stipulation on the face of the bonds.  The USG refused to pay in gold and chose to pay in devalued paper dollars.  Perry argued the USG has no constitutional authority to change the terms of the contract (bonds).  The Supreme Court disagreed.

            The Perry decision was one of several during that era regarding the dissolution of the Gold Clause.  The companion cases were:

U.S. v. Bankers' Trust Co. [294 U.S. 240 (1935); nos. 270, 471, 472], and

Norman v. Baltimore & O.R. Co. [included in Bankers].

Chief Justice Charles Evans Hughes, Sr., wrote for a narrow majority in all three cases.  The essence of the majority’s argument boiled down to Article I, Section 8, Clause 5, of the Constitution that grants to Congress power “To coin Money, regulate the Value thereof, and of foreign Coin.”  Associate Justice James Clark McReynolds wrote for the dissenters in all three cases, “Congress may coin money; also it may borrow money. Neither power may be exercised so as to destroy the other; the two clauses must be so construed as to give effect to each.”  McReynolds concluded, “Loss of reputation for honorable dealing will bring us unending humiliation; the impending legal and moral chaos is appalling.”

            In the Gold Clause cases, the USG was caught between conflicting provisions of the Constitution, the extremis of economic situation, and the obligations of a contract.  While we are not dealing with the government’s use of gold as currency, we are witness to and bear the consequence of the continuing political conflict between the two major political parties, specifically with respect to the congressionally-created debt limit and the congressional penchant to spend (borrow) Treasury funds for their pet projects and programs.  The gold situation in the middle of the Great Depression was a genuine, grave situation.  We can argue whether the USG took the correct action or whether the Supreme Court made the correct decision.  In my humble opinion, for what it is worth, the United States had to leave the gold standard to achieve the economic growth we have enjoyed since the Great Depression.  I also believe the Supremes made the correct decision given the exigencies of that era.  The Court did what had to be done.  The Treasury had been bleeding gold for four years, and by Gold Standard, the national currency reserves were diminishing when the USG needed to borrow money to stabilize the financial system.  The USG found itself caught between Article I, Section 8, Clause 2 and Clause 5.  The essence of our current national debt situation comes down to Congress, the Legislative Branch, not the Executive or Judiciary.  Using the debt limit to bludgeon to extract concessions from the majority party will never work.  The only solution lies in cooperation, negotiation and compromise between the conflicting spending interests of the two parties.  The intractable partisanship we have endured for several decades must stop.  We, the People, must find the will to elect representatives who are encouraged to find national solutions rather than protect parochial, local interests.  This is not about our share of the public teat; it is all about the strength of this Grand Republic.

News from the economic front:

-- The U.S. Federal Reserve took the first step away from its historic bond-purchasing program as it announced its decision to reduce monthly buying from US$85B to US$75B.  The Feds’ action marks the moment when the extraordinary monetary response finally passed its peak almost five years after the financial crisis that staggered of the global economy – a positive sign in our recovery from the Great Recession.

-- In another positive sign, the Commerce Department reported the U.S. economy grew at a healthy 4.1% annual rate in 3Q2013, stronger than previously forecast, as new data showed consumer spending accelerated in the summer.  The nation’s Gross Domestic Product (GDP) expanded at the fastest pace since 4Q 2011 and the second-fastest since the recovery began in mid-2009.

-- In a rather rich twist of reality, after JPMorgan Chase agreed to pay US$13B in penalties for its part in the mortgage collapse [623] and another US$1B in penalties for its contribution to the Madoff crime [626], the bank files a suit against the Federal Deposit Insurance Corporation (FDIC), alleging the USG unit forced losses on the bank during the acquisition of Washington Mutual.  This will be an interesting case.

Continuation from Update nos.624 &625:

“I'll start by noting that it is not my friend whose medications were cut; she uses no psychological medications. She works in a public library; it is a large number of people who come into the library whose medications have been arbitrarily cut in half. That's not likely to change.

“The diagnoses in common assorted notorious criminals and notably successful people have been brought to our attention by professionals in the mental health field. I doubt they result from coincidence. In addition, the mental health/illness field has only just begun to learn about the many neurological and genetic factors involved in human behavior. Parenting becomes less viable as an explanation for behavior as we learn more.

“Cap, you undermine your own cause with the sentence, "I continue to maintain guns are instruments of projection preferred by disturbed people; they amplify their acting out their frustration with invisibility or being ignored." That's the point. Firearms make it far easier to act out whatever's in their heads than other weapons. As I have long maintained, it's just not possible for the mental health establishment to find all the disturbed people and determine which ones are dangerous. Making it at least a little difficult to obtain weapons if one has been diagnosed and entered into a database is at least a beginning.

“One of the ironies of our current situation is that we (the USA) make the Taliban what it is today, as we did with Saddam Hussein, the Shah of Iran and several other now-unwelcome entities. Our meddling in others' affairs, especially in the Middle East, comes back to bite us again and again. We are now supposedly winding down another long and expensive war. If we would put a quarter of the Pentagon budget into our infrastructure, educational system, and well-chosen research projects here in the USA, we would prosper more and lose no legitimate defense capability.

“I will note here tonight's new that a U.S. District Court has ruled the NSA's large data collections unconstitutional, but stayed its own ruling pending appeal. So it begins.

“The length of my writings matters when I post a reply to the blog. That box only holds so many characters, and it's less work to edit it into a tighter essay that is better written rather than to learn and carry out some way of splitting it up into more than one piece.”

My response:

            Re: friend.  Ahso; my bad.  I misunderstood.  She sees the consequences.  I would like to think, once PPACA is fully functional, those situations will pass.

            Re: diagnoses.  I’m not that familiar with those common diagnoses.  I shall keep an eye out.

            Re: parenting less viable.  I’m a long way from accepting that argument.  While I am convinced there are sometimes biological or genetic effects in behavior, I believe parenting is by far the biggest impact on childhood and adult behavior. 

            Re: guns.  I do not agree; I was only reflecting reality.  My point remains, guns can never be the root cause; they are inanimate.  Also, I do not agree that firearms make it easier to act out.  Yes, no matter how good any future mental health system becomes, it will never be good enough to catch all the potentially violent people.  Likewise, the same goes for law enforcement or social services.  We, the People, must be concerned about our communities.  Parental accountability will also go a long way to illuminating those situations where parents have lost control and need help.

            Re: Taliban.  I do not agree.  That is like saying the gun shop owner or video game programmer made the boy a killer.

            Re: meddling.  I do agree here.  We are not perfect.  The USG has clearly made mistakes in the past and will in the future.  But, we have also had some profound successes.  Let us keep things in perspective.

            Re: Judge Leon’s ruling.  I’ve seen the news, but I have not yet read his ruling.  I think appeal is inevitable.  I’ll try to get the ruling read ASAP.

            Re: Blog length.  Your choice entirely.  I appreciate your contributions however they come.  I cannot modify the Blog site limitation.

Comments and contributions from Update no.626:

“Good day my U.S. friend.

“Thanks for your message below. You have covered some very contentious subjects with skill.

“The whole world needs to be concerned over Senkaku situation although I cannot agree with your contributor’s views over stepping in to prevent a fight as costly as it may be to our nations. That’s what friends are for surely. We the British and your forefathers did not count the cost when we went into France in both World Wars, and many conflicts since. That in my view is an unacceptable appeasement policy as attempted by our very own Prime Minister Neville Chamberlin in 1939 with Hitler. Thank God we had a stronger man waiting in the shadows to lead our nation.  

“I notice you haven’t mentioned the death of the man who we are hearing over here as the ‘greatest’ national leader of all time, Nelson Mandela. Are Your contributors interested in aspects of non-American subjects? I would be interested to hear their views. Was he greatest national leader of all time? And if not who?”

My reply:

            Re: Senkaku.  Indeed!  The actions of the PRC remind me of a schoolyard bully.  The PRC has no reasonable rationale for its recent actions in/over the East China Sea or in the South China Sea.  Appeasement never satisfies the bully.

            Re: Mandela.  My choice to not mention his passing is largely due to widely mixed perspectives.  I truly admire his public forgiveness of his tormentors.  However, I do not agree with those who pronounce him the “greatest national leader of all time,” or even his time.  He deserves credit for avoiding the destruction for South Africa that Mugabe wrought upon Rhodesia/Zimbabwe after apartheid.  However, the barely disguisable corruption, cronyism, and incompetence in South Africa today are part of his legacy as well.

            Re: “Are Your contributors interested in aspects of non-American subjects?”  Short answer: yes!  I have rendered my succinct opinion above.  Perhaps others will choose to chime in.

            Re: “Was he greatest national leader of all time?”  Again, my answer and opinion are above.

            Re: “And if not who?”  I have difficulty with this part of your query.  My inclination is Churchill, given the enormity, gravity and isolation of the situation he faced in May & June 1940, and through 1941 for that matter.  I might also cite Franklin Roosevelt for his apparent public fearlessness in dealing with the Great Depression, in preparing the nation for war with rampant isolationism at all levels, and for his courage in making grievous decisions.  Yet, they were both deeply flawed men, who made serious mistakes.  Nonetheless, I cannot elevate Mandela to that level of national leadership.

My very best wishes to all.  Take care of yourselves and each other.

Cheers,

Cap                        :-)

Update no.626

Update from the Heartland

No.626

9.12.13 – 15.12.13

Blog version:  http://heartlandupdate.blogspot.com/

To all,

Well, unfortunately for my cousins and our brothers-in-arms from the Hilton on the Hudson, another year was added to the winning streak, as the midshipmen of the Naval Academy beat the cadets of West Point, 34-7.  The 114^th match-up resulted in 12^th year of Navy’s winning streak.  I am beginning to feel sorry for my Army cousins . . . but not enough.  One day, I shall have to eat crow, but until then . . . Go Navy, Beat Army!

The follow-up news items:

-- On Tuesday, all five, federal, financial, regulatory agencies – Federal Reserve, Securities and Exchange Commission, Federal Deposit Insurance Corporation, Commodities Futures Trading Commission, and National Credit Union Administration – voted to approve the stricter Volcker rule [625], heralding in a new era of more intimate oversight that drills to the core of Wall Street's markets and trading businesses.  The rule will put in place new checkpoints for banks that buy and sell securities on behalf of clients, known as market making, and will restrict compensation arrangements that encourage risky trading.

-- The nomination of Patricia Millett to a judgeship on the DC Circuit of Appeals sparked the Senate Majority Leader’s invocation of the “nuclear option,” eliminating the filibuster for most presidential nominations [623].  The Senate finally confirmed Millett on Tuesday [PN527: 56-38-0-6(0)] – the first nomination to be confirmed under the revised Senate Rule XXII procedure.  The ludicrous, foolish, logjam has finally been broken.

Eight of the leading U.S. technology companies – Apple, Microsoft, Google, Yahoo, AOL, Facebook, Twitter and LinkedIn – submitted a joint letter to the U.S. Government (USG), asking the leadership to stop spy agencies from collecting huge amounts of telephone and Internet data, and to seriously curtail the use of legal means compelling them to comply with USG collection orders. 

            This little news flash is quite rich and enormously hypocritical.  After all, let us not forget these companies created and extensively use cookies and other data collection media for commercial purposes and who knows what.  They carried out a comprehensive campaign to convince us cookies are innocent, meaningless – perhaps for them but not for the USG . . . kinda like the pot & kettle, doncha think?  Further, it is notable the companies that did not sign the letter, e.g., IBM, Cisco, Oracle, AT&T, among many others.  I surmise these tech companies are publicly objecting because they do not want any USG surveillance backlash to deny them their tracking (spying) data, which has become a vital part of their commercial operations.

            I strongly urge the USG and all good citizens to resist the temptation to blind our intelligence apparatus to assuage our political sensitivities.

Parental accountability has been and remains a prime topic of mine.  I truly wish more citizens thought this issue through and came to similar, if not the same, conclusions.  Bad children are taught, raised and often encouraged by BAD parents.  When juveniles commit crimes, it is a direct failure of the parents.  When children commit crimes that injure other citizens and cause damage to the property of other citizens, the child should pay the community price for his crime, but more importantly, the parents of that child should be comparably punished for their failure to the child and to the community.  Here we have the perfect, graphic example.

            On Saturday, 15.June.2013, Ethan Anthony Couch, 16, was driving a huge, red, Ford F-350 pickup truck, owned by Cleburne Metal Works (his father’s business), down a residential street in the 1500 block of Burleson-Retta Road outside Burleson, a suburb of Fort Worth, Texas, with six (6) other teens in the cabin and bed of the truck.  He hit four (4) adult citizens on the side of the road, changing a flat tire.  Couch was traveling at 70 mph at impact.  The speed limit on that section of road was 40 mph.  All four innocent citizens were killed instantly.  Two teens riding in the bed of the pickup were thrown out by inertia; one of those teens is a quadriplegic.  Couch left the scene of the accident and was found by police and arrested several blocks away.  Three hours after the accident, his blood alcohol content was 0.24 g/dL – three times the legal limit for an adult.  [FYI: as a juvenile, his limit was 0.00 g/dL.]  Couch was seriously drunk on beer stolen from the local Walmart store.

            On Tuesday, this week, Judge Jean Hudson Boyd of the 323rd Family District Court, Tarrant County, Fort Worth, Texas, accepted Couch’s guilty plea.  She sentenced him to a US$450,000 private behavior treatment at a posh coastal California facility and 10 years probation – for killing four innocent people and injuring two others.  Judge Boyd accepted his defense that he (Couch) was a victim of  “affluenza.”  

            Wikipedia seems to have the best definition of affluenza = a portmanteau of affluence and influenza, “a painful, contagious, socially transmitted condition of overload, debt, anxiety and waste resulting from the dogged pursuit of more.”  Except, in the Couch instance, he has pursued nothing, he has nothing; his negligent parent’s have given him everything material and yet given him nothing from a discipline, citizenship, respect and moral perspective.  In essence, Judge Boyd apparently bought the argument the poor boy was a victim of being born into a rich family – he knew not what he did . . . cuz he was just doing what rich people do.

            Oddly, I am a lot closer to agreement with Judge Boyd, but only if we recognize the REAL culprits in this tragedy – the parents, Fred and Tonya Couch.  They should be tried, convicted and sent to prison for a dozen years for negligent homicide or manslaughter.  It is the parents who committed this crime by their negligent parenting of their son.  Young Ethan deserves more punishment than an extended, expensive vacation.  Yet, I do hope Ethan can recover his life and exceed the deficiencies of his parents.  One of these days, we will recognize the responsibility and accountability of the parents.  If affluenza even exists, it is not an illness or a disease; it is a CRIME!  If we believe we can rehabilitate a teenager and achieve a productive, respectful citizen, I am good with that . . . as long as we punish the real perpetrators for their crime against the community.

In a surprising act of bipartisanship, the House of Representatives passed H J Res 59, Continuing Appropriations Resolution, 2014 [House: 332-94-0-7(2)] before the deadline established by Congress – 15.January.2014 [PL 113-046 §106] [618].  The bill has gone to the Senate, which is expected to vote on the measure next week, before the Christmas recess.  The House bill extends the extension of the extension, of yet another extension.  It is NOT a proper appropriations bill.  If the pork is in there, it is well hidden so far, but I keep searching for the usual graft.  An interesting twist in the latest House bill is: §141, which moves the PPACA enrollment deadline from 2014 to 2015; and §142, which amends the PPACA [PL 111-148; 124 Stat. 119] to require participation by “Members of Congress, congressional staff, the President, the Vice President, and political appointees”; the section also prohibits any government contribution to or subsidy for the health insurance coverage of such officials and employees.  As indicated earlier, a large, bipartisan majority of both political parties approved the bill, including these last two sections.  It will be interesting to see how the Senate votes and whether the President signed the bill into law.  Perhaps most significant about the House passage of H J Res 59 was the reaction of Speaker of the House John Boehner of Ohio to Tea Party groups; the House Republican leadership has apparently had enough of being threatened by Tea Party groups and members.  I would like to think we are witness to a fundamental political shift, and hopefully a more productive Congress.  Yet, I do not hold my breath.

The Wall Street Journal discovered a cache of USG documents that chronicle the medical use of prefrontal lobotomy on World War II veterans for what we know today as Post Traumatic Stress Disorder (PTSD).  The documents show that Veterans Administration (VA) doctors performed lobotomies on 1,464 veterans at 50 hospitals between 1.April.1947 and 30.September.1950.  According to the WSJ article, the originating memorandum from VA Assistant Administrator George E. Ijams dated 26.July.1943, requested approval from the VA Administrator – approval that was given the next day by the Administrator.  This episode joins others of rather desperate medical procedures during the era – syphilis, radioactive isotopes, lysergic acid diethylamide, nuclear fallout, et cetera.

“The Lobotomy Files”

by Michael M. Phillips

Wall Street Journal

http://projects.wsj.com/lobotomyfiles/?mod=djemalertNEWS

The USG moved closer to approving the use of cellphones on commercial airplanes.  The Federal Communications Commission (FCC) claimed they are only concerned with the technical compatibility, which is an off-handed means of deflecting the political baggage to the FAA.  The Department of Transportation is considering a proposal that would ban voice calls outright, despite the technical clearance by the FCC.  Passengers might be allowed to use their data plans on smartphones and tablets, to surf the Web or to send e-mails and texts.  To me, this is a community peace situation.  One disrespectful, intoxicated, or inconsiderate citizen should not be allowed to disrupt the peace.  This situation is not particularly different from a rowdy teenager playing loud heavy metal so-called music in a residential neighborhood at midnight.  Citizens cannot impose their choice, their moral values on other citizens.  I trust the FAA will do what must be done and save us all from the misery of some idiot.

News from the economic front:

-- The Wall Street Journal reported that a proverbial “person close to the case” indicated J.P. Morgan Chase is expected to pay more than US$1B in penalties to end a criminal probe into allegations the bank did not provide adequate warnings about convicted felon Bernie Madoff.

Continuation  from Update no.624:

“I will continue our discussion while noting that other readers of your blog may have difficulty keeping up.

“The Senkaku situation has yet to escalate. China has a very long history of calculation in its actions, so I find it difficult to believe the Chinese will do anything rash. The situation remains unpredictable.

“You clearly have done more research into Adam Lanza’s history than I have, and I commend you for that. Based on that and on my personal knowledge, we can reasonably make two statements. (1) The mental health/illness system suffers greatly from lack of funding, and (2) the ‘state of the art’ of mental health studies has far to go.

“The lack of funding results from cutbacks in government beginning in the Reagan era. I find it truly bizarre that economists whose ideas are long disproven continue to set priorities not just in economic matters but in social priorities. One outcome of that affects a close friend of mine who works in a library. Some of the patrons there apologize in advance if their actions that might be unacceptable. It seems that some bureaucrat who does not have a mental-health background has decided that their medication would be cut in half to save money. Of course, those clients need the dose prescribed to them, but nobody can override the bean counter. If Mr. Lanza needed institutional care, it probably was not available.

“The other factor affecting the Adam Lanzas of the world is the state of mental health understanding. It seems today that much of human behavior has biochemical or genetic foundations, but that understanding is in its infancy. Almost every facet of the field requires further study. Many of the diagnoses placed on mass shooters and other dramatically dangerous people are the same labels that could be and occasionally have been placed on people whose conditions have led them to dramatic ‘success’ in the outside world. We have a long way to go.

“Probably the best way to proceed, other than funding research and treatment at far higher levels, is to study other countries that have lower levels of violence. I would begin with Canada and other nations that have relatively high rates of gun ownership in order to disarm arguments over guns unless and until that is shown to be an important factor.

“Have you ever tried to stop a fistfight between two other people? I have, and they both turned on me. That usually happens. So we have interfered in the Middle East. Any of the many players there gets the idea that we support their enemy, and we wind up with multiple enemies until we get out of the way and let them continue what they have done for millennia.

“As far as the Ukraine, I agree with you. Russia has long been the loose cannon in European affairs. Putin certainly continues that. What makes it worse is that, unlike the Chinese, the Russians sometimes act from emotion or from some bizarre internal motivation.

“We are in agreement on the ultimate status of corporations.  They are a device for making money, invented and controlled by people. They are not themselves people. I support a death penalty for them, much like putting down a rabid dog.

“This reply has gone too long to fit in the blog’s reply box. Please advise if I need to trim it.”

My reply:

Calvin,

            Sometimes it is hard to keep up a multi-Update thread, but a simple request will stimulate me to do a specific reconstruction for clarity for anyone who wants it.

            Re: Senkaku Islands.  Oh, I’m certain the PRC is calculating.  Yet, they are not infallible.  They seem to be playing a game of chicken; in doing so, only a very slight miscalculation can produce a disaster.  They are removing the margin of error, just as is done in “chicken.”

            Re: Lanza.  I try to absorb everything I can to understand why?  It is through those assessments that we have any hope of getting to the root cause.  We need more than just treatment of the mentally ill; we need a complete system of identification, triage, filtration, review, adjudication and treatment.  As I write this, we apparently had another mentally ill shooting incident at Arapahoe High School in Littleton, Colorado.  And so it goes; when will we learn.

            Re: mental health.  The removal of funding certainly dismantled what we had, but I will say it is a lack of a comprehensive mental health detection, triage, treatment and maintenance plan that keep this means of preemptive intervention from working to prevent disturbed people from hurting other citizens.  The fact that health issues are the state’s domain does not make it easier.

            Re: friend.  I believe that is precisely the predominate fear of most folks regarding PPACA – some insurance, bean-counter bureaucrat making medical decisions for citizens based on statistical outcomes.  I hope your friend found a way to get the treatment she needed.

            Re: diagnosis.  I’m not sure what those common diagnoses are.  I suppose there has to be some amount of crazy in any hyper-ambitious person.  However, the commonality must be coincidence or happenstance rather than pathological.

            Re: study.  I’m all for deeper study.  I would prefer mental health centered rather than gun-centric.  I continue to maintain guns are instruments of projection preferred by disturbed people; they amplify their acting out their frustration with invisibility or being ignored.

            Re: fist fight.  No, I have not, but I recognize the phenomenon.  There is some balance out there.  It is like so many things, I am far more interested in preventing collateral damage or injury, although I must say the fairness of the fight is of some concern.  I saw the Taliban as vile, disgusting barbarians, using religion for dominance and oppression, but that was not sufficient for intervention.  Their direct, substantive support of al-Qa’ida’s worldwide violent jihad was sufficient to intervene.

            Re: Ukraine.  Late news, apparently the protests have had some effect.  The government publicly announced they would sign the agreement with the EU.  I’m not quite sure that will stop Putin, but it is a positive step if actually executed.  As always, time shall tell.

            Re: corporations.  Yes, agreed!

            Please write what you are thinking; don’t worry about length.  Blog submittals can be split up as needed.  So, please don’t trim what you are thinking and contributing.  Public debate is too important.

Comments and contributions from Update no.625:

Comment to the Blog:

“The article to which you referred us on the Senkaku Islands China versus Japan issue is long, technical, and just not my kind of reading. In any case, it refers to a battle simulation, not to the repercussions that might or might not result from such a battle if it happens. I still hope that neither the battle nor the repercussions will occur.

“You continue to present the spy community as a “good guy” in l’affaire Snowden. I see no good guys here, as is usual in my view of spies. We must balance Snowden’s violations of his commitment against the government’s larger violations of Americans’ and others’ right to privacy, just as in cases where the violations concern sexual or other personal conduct. Indeed, we have learned that some of the violations concern spies’ spouses or lovers. We have no way to know what the rest of the violations might have as their foci.

“I am glad on a personal level that your industry has received some Federal help at last. Surely you are more deserving than the Wall Streeters who led us into the crash.

“I forwarded the article on the Office of Technology Assessment (OTA) partly on the considerable merit of the OTA and partly to point out the law of unintended consequences. In the OTA instance, the consequences seemed obvious to many of us out here in the flyover, but those politicians who passed the Contract on America will surely claim they never understood what they were doing when they eliminated so many useful parts of government.

“I will note that the article on the triad civil union in Brazil appeared in August of 2012. I have been unable to find any follow-up reports. That may very well mean that the civil union has stood without opposition. I would like to know.

“A toughening of the Dodd-Frank proprietary trading rule and related activities will be very welcome if no last-minute obstacles prevent that. I still want officers and specific employees of trading companies to be held criminally liable for their fraudulent or otherwise illegal actions, but any progress is welcome.

“The fines in the LIBOR mess are disappointingly small for world-scale banks. We may hope that criminal prosecutions make a bigger and better point.”

My response to the Blog:

            Re: Senkaku.  The islands are just the object of the historic confrontation between Japan and China.  Rather than military or potentially violent confrontation, I would prefer commercial competition.  Like you, I hope the PRC backs off and takes a more neighborly approach to international relations.  Just in writing this, another confrontation between a PLAN ship and a USN cruiser in the South China Sea.

            Re: Intelligence Community (IC).  I am sorry that you see the IC in such negative terms.  They are no different from the military or law enforcement; they are agents of the USG who are genuinely trying hard to perform their mission.  Like any other group of human beings, they are mostly good, honorable, diligent citizens, but there are bad folks in every group.  The IC, by its nature, has not been so good at filtering out the bad guys.  But, a few bad guys does not condemn a whole community.

            Re: aviation industry help.  Thx mate.  Aviation, especially business aviation, has NOT been served well by this administration.  Oddly, POTUS has the ultimate biz jet, and yet he condemns those who use biz jets.  At least small aircraft manufacturers will eventually see some benefit, but it will not be in my working lifetime.

            Re: OTA.  Thank you again for the article.  As I said, penny-wise-pound-foolish . . . we are heading down the same road again.  Bean-counters are very rarely insightful or imaginative.  They are notoriously focused on the moment, not the future.

            Re: triad.  Yes, I was well aware of the publication date.  I had not seen the article before.  I have not found any follow-up either.

            Re: Dodd-Frank.  I understand the new regulation were accepted and published.  Now, the next test will be enforcement.  I agree, I want these deviant executives to be prosecuted and punished.  Progress by jerks, as they say.

            Re: LIBOR fines.  I agree!  Far too small for banks that make billions in PROFITS, not just revenue, but PROFITs after expenses & what miniscule taxes they pay.

My very best wishes to all.  Take care of yourselves and each other.

Cheers,

Cap                        :-)