Update no.578

Update from the Heartland

No.578

7.1.13 – 13.1.13

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

To all,

The follow-up news items:

-- For those following the extraordinary efforts of Aslan T. Soobzokov [474, 480, 496], I received this update on the status of his case:

“Cap,

“May the blessings of Allah be upon you when you read this email and always.

“We have been scheduled for oral argument in Philadelphia on March 5, 2013 on our appeal to the Third Circuit Court of Appeals.

“The wheels of justice...

“Salam,

“Aslan T. Soobzokov”

My reply:

Aslan,

            As-salam alaykum, my brother.  Blessings upon you and your family.

            Good luck with your appeal to the 3rd Circuit.  I look forward to hearing of your experience before the bar.  Please send the case title and number, so I can look for the ruling when it is published.

            The wheels of justice, indeed! 

Allahu Akbar,

Cap

While driving to work on Tuesday and listening to the “Bob & Tom Show” on the radio, Kristi Lee gave us a little news item about Carlos Walker, 36 [a rapper AKA Shawty Lo], who will be the principal in the Oxygen Channel, “reality” program titled: “All My Babies' Mamas.”  According to Kristi’s report, Walker fathered 11 children by 10 different women, thus the title of the “show.”  To be blunt, I cannot imagine what intellectual or community contribution this program will make for the betterment of mankind, but then who asked me?  I do not know if Carlos supports all of his children and their mothers – not my dawg, i.e., not my problem.  Given the public persona of rappers, he probably does make sufficient money to take care of his children,  so perhaps the diatribe I am about to launch into is premature.  Nonetheless . . .

            I am reminded of Warren Steed Jeffs, 57 [231], the former patriarch (or should I say lord & master) of the Fundamentalist Church of Jesus Christ of Latter-Day Saints (FLDS Church) based in Colorado City, Arizona, and of late El Dorado, Texas [332].  Warren succeeded his deceased father, Rulon Timpson Jeffs, who reportedly had 20 wives and 60 children.  Also reportedly, Warren had 78 wives, 24 of which were under 17-years-old at one point, and fathered 60 children by those women (girls).  At least one of his “wives” was a 12-year-old girl when committed to Jeffs and was the subject of his conviction in Texas for sexual assault of a minor child.  He now resides in the Louis C. Powledge Unit of the Texas Department of Criminal Justice near Palestine, Texas, and will not be eligible for parole until 2038.  Now, all of that is simply background for my point here.  Numerous “family” members have been recorded bragging and gloating about virtually all of his wives and children being on welfare as abandoned single mothers and children.  Various reports suggest that 80% of the Jeffs clan are on welfare, which in turn translates to roughly US$10-12M from federal and state treasuries – our precious tax money.  What is worse, he will have plenty of time to knock out a few more from prison with conjugal visits and such.

            Another example I have used before . . . an anonymous, New York City crack-addicted prostitute [478], who had eight children by eight different sperm donors, collecting welfare for the kids but to support her habit; three kids removed by the state as of the last public report [478], and she is still capable of having more children despite court orders against producing more [524].  The Jeffs gang has supplanted the NYC crack whore as the prime example of flagrant abuse of American charity and generosity.

            While I do not think rampant procreation as demonstrated by the Jeffs clan is socially or societally acceptable for a host of reasons, I choose to respect their private choices.  Where I diverge sharply with the likes of Warren Jeffs and his brood or even the NYC prostitute noted above, occurs when their choices cause injury or harm to another human being, or they place demands upon the State.  To be clear, I want the State out of our private lives and affairs; the State has no interest behind my front door absent indications of harm to others.  I want to respect the private choices of others.  If Warren Jeffs can sustain valid relationships with 78 women and support 60 children, then I see that life as their choice; I can respect that.  However, once their relationship choices become a burden for the State, then the State has every right and I will say the State has an obligation to intercede to minimize the burden on We, the People.  When the State intercedes, then a person progressively loses his/her right to privacy, to independence, to freedom of choice, which includes her/his reproductive rights.  I doubt Carlos Walker has exceeded the Jeffs gang, but he has potentially exceeded the NYC crack whore as a parasite, if just one of those women has been on public assistance.  These cases are an abuse of the public Treasury, just as is congressional largesse or political corruption.  Hopefully, Walker is a good and generous father; I will not be watching to find out.

International nuclear experts have raised additional concerns about the security of up to 50 T of un-enriched uranium in Syria amid fears that civil war could put the stockpile at risk.  Let us not forget the 6.June.2007, airborne raid by the Israeli Air Force that struck the Syrian nuclear facility at al-Kibar, in the northeast part of the country [302].  The strike unit of 4 x F-16Is + 4 x F-15Is aircraft dropped 17 T of bombs to destroy the facility before it could become operational – shades of the Israeli strike on the Iraqi nuclear facility at Osirak (7.June.1981).

On Monday, CNN’s Piers Morgan Tonight Show aired an “interview” with Alexander Emerick “Alex” Jones, 38, who is a radio talk show host and pro-gun advocate in Austin, Texas.  Jones’ in-your-face rant at Morgan made national news.  Jones has advocated for a deportation petition against Morgan, because of the latter’s vociferous support of strict gun control in the aftermath of the Newtown massacre [574].  While I understand and appreciate Jones’ position, his approach to communicating the message is about as flat-ass wrong as can be.  His red-face tirade simply confirms the image of a pro-gun nut-case held by many and does nothing to further the public debate, which was precisely why Morgan gave him the rope, in my humble opinion.  Conversely, I must acknowledge a fair amount of anger regarding Morgan’s vociferous vitriol directed at gun owners and the gun trade.

            We need calm, rational, considered thought to solve a very real, palpable, societal problem.  We (me included) cannot stand deaf, dumb and happy on the 2^nd Amendment alone.  As I have written, Mayor Bloomberg is correct; we must find a way to keep firearms out of the hands of people who intend to do harm to others.  I believe every single American citizen (other than perhaps the crazies themselves) would agree that the root cause of these tragedies is the individuals who do not respect others and life in general.  They are instigated to their crime by their mental illnesses, medications or other substances, hatred, alienation, and other mental disturbances.  I also believe we can agree with Mayor Bloomberg, so we are only debating the how to treat the root cause of the issue. 

            I have offered a number of suggestions to stimulate our communities to contribute to the solution.  I am certain each person reading these words has thought of or can generate many more ways to improve the security of our communities.  Prohibition in a free society can only be successful when the whole of the community supports such restrictions.  For a willful majority to attempt prohibition simply creates a vibrant, criminal sub-culture, smuggling, and an entirely new set of “criminals” – alcohol, drugs, gambling, prostitution, and the list could go on.  I recognize and acknowledge the emotion in this debate.  To lay blame for these tragedies on video games, movies, or the tools of their crimes is simply wrong and will lead us in the wrong direction . . . to treat the symptoms of the illness rather than the root cause.  Perhaps this is not the correct forum to offer solution suggestions.  If not, then let us find the correct forum.

            Perhaps, a smidgeon of history regarding a “well-regulated militia” might be useful.

            With the lessons-learned during the Spanish-American War, Congress passed and President Roosevelt signed into law the Militia Act of 1903 (AKA Dick Act) [PL 57-II-033; 32 Stat. 775; 21.January.1903] [526].  Most notably, the law created the National Guard as we know it today.  Section 1 of the Dick Act established “That the militia shall consist of every able-bodied male citizen of the respective States, Territories, and the District of Columbia, and every able-bodied male of foreign birth who has declared his intention to become a citizen, who is more than eighteen and less than forty-five years of age, and shall be divided into two classes – the organized militia, to be known as the National Guard of the State, Territory, or District of Columbia . . . and the remainder to be known as the Reserve Militia.” (emphasis added)  Further, §13 [32 Stat. 777] of the law authorized the “arming all of the organized militia” with standard issue weapons then in use by the regular Army.  The law essentially created three levels of the land army of the United States – the regular, standing Army; the National Guard of the respective states; and, the Reserve Militia of all remaining able-bodied men.  Clearly, Congress believed all able-bodied, military age, male citizens comprised the land army of this Grand Republic.  The law remains in effect to this day.

            It is instructive to note the definitions of the Dick Act have remained essentially the same since the Militia Act of 1792 (MA1792) [PL 2-I-033; 1 Stat. 271; 8.May.1792] – four years after the Constitution was ratified, and less than one year after ratification of the Bill of Rights, including the 2^nd Amendment.  Section 1 of MA1792 directed, “That each and every free able-bodied white male citizen of the respective states, resident therein, who is or shall be of the age of eighteen years, and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia . . . .”  Further, MA1792 provided, “That every citizen so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock . . . .” (emphasis added) While the Dick Act did not go as far as MA1792, the intentions of Congress with respect to the 2^nd Amendment should be clear.

            While there are no provisions in the Dick Act for arming the Reserve Militia, it is certainly reasonable and logical that the 2^nd Amendment covered at least the potential for the Reserve Militia.  Switzerland and Israel have similar laws for their defense.  In fact, Switzerland requires able-bodied males to maintain their service weapons in their homes for rapid response to threats to their national security.  The phrase “A well regulated militia” in the 2^nd Amendment takes on a different perspective when viewed in the light to the very broad definition that Congress had for what a militia was understood to be.

            Further, from Associate Justice Joseph Story’s Commentaries on the Constitution of the United States [412]:

“§ 1890. The importance of [the 2^nd Amendment] this article will scarcely be doubted by any persons, who have duly reflected upon the subject.  The militia is the natural defence of a free country against sudden foreign invasions, domestic insurrections, and domestic usurpations of power by rulers.”  (emphasis added) [Volume III; Chapter XLIV – Amendments to the Constitution]

            I am not quite sure what the proper, official title is for the task force led by Vice President Biden.  Some call it the Gun Violence Task Force; others call it the Gun Control Task Force.  The former version seems to be the most frequent.  The group is due to report their findings by the end of January.  The Press has reported on dribbles, leaks and rumors from the Task Force.  All of the rumors have been about the tools rather than the root cause of violence.  I shall remain optimistic the Task Force will go for the root cause(s) solution rather than popular, cosmetic, symptomatic changes that will not reduce the likelihood of gun violence tragedies in this Grand Republic.

            A simple FYI: assault rifles are already prohibited and have been since the National Firearms Act of 1934 (NFA) [PL 73-474; 48 Stat. 1236; 26.June.1934], which remains in effect to this day [see NFA § 1 (a) & (b)].  All this brouhaha about banning assault rifles is superfluous, redundant and otherwise wasteful of precious exertion.  Perhaps the proponents seek to prohibit facsimile weapons because they do not like the appearance of such rifles.  Frankly, those guns are readily recognizable by virtually everyone, and as such, would potentially aid community contributions toward avoidance of these tragic events.  I trust we will find the will to overcome emotional responses and focus on the root cause(s) solution(s).

            As a simple postscript, the White House respectfully rejected the Jones petition, as it should have done.  The 1^st Amendment is just as important to each and every American citizen as the 2^nd Amendment, even if Piers Morgan does not understand or appreciate the history of this Grand Republic.

“Secret Double Standard”

by Ted Gup – Op-Ed Contributor

New York Times

Published: January 8, 2013

http://www.nytimes.com/2013/01/09/opinion/the-cias-double-standard-on-secrecy.html?nl=opinion&emc=edit_ty_20130109&_r=0

While I think all of us can appreciate Gup’s logic and reasoning, he fails to recognize the government’s authority, correct or wrong, to decide what information to release to the public.  The Kiriakou conviction [528, 577] represents the government’s choice to prosecute when a citizen decides to release classified information, as compared to the government’s decision in circumstances like the “Zero Dark Thirty” movie support.  We may not like the dichotomy, but that is the nature of the beast.  The government decides and must stand accountable.  Those in the government charged with making those decisions may not always get it correct.  Yet, the Gup argument bothers me on a far more troubling plain – what if the information disclosed is not national security data but personal, private information regarding one of us, acquired with one of the multitudinous tools available to contemporary federal agencies.  I do not read the Gup argument in the intended national security context, but rather the vastly more pervasive right to privacy environment.

President François Gérard Georges Nicolas Hollande of France announced his deployment of units from le Armée de Terre and le Armée de l’Air to the central African nation of Mali in support of the government against Islamic fundamentalist rebels in the north of the country.  Troops from other Western African countries joined the French and Malian army units in combat operations.  In his public statement, President Hollande said, “French armed forces lent support to units of the Malian army to fight against terrorists.”  He went on to say, “This operation will last as long as needed.”  I dare say the French have likely done the bang-up job of diplomatic and military coordination to ensure the Malian government receives the necessary support it needs to counter the latest flareup of Islamic fascism.  I would like to think the Allies have contributed to the French operations.  Bonne chance et bonne chasse, mes amis.

The process took many months to start and three weeks to complete.  I wanted to study the Supreme Court’s decision in the case of Pollock v. Farmer's Loan & Trust Co. [157 US 429 (1895); 8.April.1895].  My interest in the case rests upon the generally accepted historical perspective that the ruling led to the 16^th Amendment of the Constitution, ratified on 3.February.1913, and subsequently to the Revenue Tax Act of 1913 (AKA Tariff Act, Underwood Tariff, Underwood Tariff Act, or Underwood-Simmons Act) [PL 63-I-016; 38 Stat. 114; 3.October.1913] [529], which established the Federal income tax system as we know it today.  The Court used 225 pages in their debate over just one word – direct.  The word at issue in the Pollock case came from the U.S. Constitution, Article I, Section 2, Clause 3, (hereafter, simply Clause 3) as ratified, stated:

“Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers.”

The case stems from the recently enacted Tariff Act of 1894 (TA1894) [PL 53-II-349; 28 Stat. 509; 27.August.1894] and specifically §§27-28 [28 Stat. 553] that ordered a per capita income tax, and a tax on the profits from sales of real estate. Stockholder Charles Pollock, a citizen of the state of Massachusetts, filed suit against the Farmers' Loan & Trust Company, a corporation of the state of New York, enjoining the bank from paying the tax that Pollock claimed was an unconstitutional violation of Clause 3.

            Chief Justice Melville Weston Fuller wrote for the majority and the divided Court as they declared the TA1894 unconstitutional in toto on the grounds that Congress did not have the authority to tax the income of citizens directly.  Clause 3, as it was interpreted, required direct taxes to be apportioned to the states on per capita basis established by the current census, and it was the responsibility of the states to provide the required revenue to the federal government.  Historically, the Court has given Congress considerable latitude regarding taxation.  For reasons that were not explained, the Supremes (of the day) chose to draw the line at TA1894.  Associate Justice Edward Douglass White, Jr. (and future chief justice) dissented and noted, “It is true that the power of congress to tax is a very extensive power. It is given in the constitution with only one exception and only two qualifications. Congress cannot tax exports, and it must impose direct taxes by the rule of apportionment, and indirect taxes by the rule of uniformity. Thus limited, and thus only, it reaches every subject and may be exercised at discretion.”  Justice White argued that precedent had been set a century prior and the Court was arbitrarily rejecting TA1894.  The Pollock case set in motion monumental events that helped solidify and progress the relentless march toward federalism.

            Just an FYI for the history buffs among us:

·      TA1894 was passed by Congress and presented to President Cleveland on 15.August.1894.  For reasons unknown, the President failed to return the bill in the time allotted by the Constitution [Article I, Section 7, Clause 2 (ten days excluding Sundays)], and thus became law by default.

·      The first federal income tax law was the Revenue Act of 1861 [PL 37-I-045; 12 Stat. 292; 5.August.1861], to raise funds for the Civil War.  It is interesting to note that the term freeholder (a Caucasian, adult male, property owner) was still a term utilized in this legislation.

·      An Act to provide Internal Revenue to support the Government and to pay Interest on the Public Debt [PL 37-II-119; 12 Stat. 432; 1.July.1862] expanded the Revenue Act of 1861.  The notable element of this law was the creation of the Bureau of Internal Revenue (BIR) in the Treasury Department along with the position of Commissioner of Internal Revenue in operation to this day.  The bureau name was changed in 1952 to the current Internal Revenue Service (IRS), as part of President Truman’s reorganization plan under the cloud of a major corruption scandal within the BIR.

News from the economic front:

-- The Federal government announced a settlement agreement with ten banks for US$8.5B to settle charges of mortgage foreclosure abuses.  Bank of America, J.P. Morgan Chase, Wells Fargo and Citigroup all signed onto the agreement, while four smaller banks—Ally Financial, HSBC, OneWest Bank and Everbank—did not.  The settlement resolves allegations of foreclosure improprieties brought by the Office of the Comptroller of the Currency and Federal Reserve in 2011.  It is not clear whether the Feds will pursue separate prosecutions of the four recalcitrant banks.

-- Financial Industry Regulatory Authority (FinRA) Chief Executive Richard Ketchum indicated their intention to expand its investigation into the dark recesses of private trading venues that allow buyers and sellers to post orders that are hidden from the rest of the market.  The concern appears to be that these private entities may be a means for wealthy individuals to influence the public markets without the common regulatory scrutiny.  I wish FinRA good hunting on their quest.

-- Another piece of the LIBOR puzzle became public.  Investigators into the scandal reported that Deutsche Bank made at least US$654M in profit in 2008 from LIBOR trades.  The German bank’s trading profits resulted from billions of euros in gambling on LIBOR and other global benchmark rates.  I add the notation to the list.

Fm 552/575:

So we don’t lose focus . . . the infamous 16, involved, international banks are:

·      Barclays [UK] – US$454M fine [550]

·      Bank of America [U.S.]

·      BTMU [Japan]

·      Citibank [U.S.]

·      Credit Suisse [Switzerland]

·      Deutsche Bank [Germany] – US$654M LIBOR profit [578]

·      Lloyds TSB [UK]

·      HSBC [UK]

·      HBOS [UK]

·      JPMorgan Chase [U.S.]

·      Rabobank [Netherlands]

·      RBC [Canada]

·      RBS [UK]

·      UBS [Switzerland] – US$1.5B fine, two charged [575]

·      West LB [Germany]

·      Norinchuckin [Japan]

Google Executive Urges North Korea to Welcome Internet Access

Thu, January 10, 2013 12:08 am

Google Executive Chairman Eric Schmidt said he told North Korean officials they must drop barriers to global Internet access if they hope to develop their economy.

"As the world becomes increasingly connected, their decision to be virtually isolated is very much going to affect their view of the world," he told reporters in Beijing on Thursday after completing a three-day trip to North Korea with former New Mexico Gov. Bill Richardson, adding that it would "make it harder for them to catch up economically."

Mr. Richardson said he met with North Korea's top vice minister for nuclear negotiations and told them they should temper their nuclear development efforts.

See More Coverage »

Breaking News

Thursday January 10 2013

China trade rebound hints at strong growth

Chinese exports and imports rebounded strongly in December, pointing to solid economic growth both in China and abroad.

Exports rose 14.1 per cent from a year earlier, the fastest in seven months and well above November’s 2.9 per cent pace. Imports increased 6 per cent in December from a year earlier after flatlining in November. Both outstripped most forecasts.

http://link.ft.com/r/A1TNOO/Z80AV2/6VYHC5/62LK3Z/NRH96Y/CM/h?a1=2013&a2=1&a3=9

-- The PRC exceeded forecasts in both imports and exports in December, as exports rose 14.1% from a year earlier, the fastest in seven months and well above November’s 2.9% pace, and imports increased 6% from a year earlier after flatlining in November.

-- The European Central Bank (ECB) kept its main refinancing rate steady at 0.75%, as its forecast indicated a gradual economic recovery later this year even though the currency union is still in recession.  On the negative side, unemployment in the eurozone remains at a record high.  With inflation gradually falling to the ECB’s target of 2%, its main goal of ensuring price stability.

-- Prime Minister Shinzo Abe of Japan announced the government’s ¥10.3T (US$116B) economic stimulus package along with their estimate that the effort will raise the country’s GDP by 2% and create 600,000 new jobs.

Comments and contributions from Update no.577:

“I doubt that Prof Seidman could get a job at Hillsdale College!

“Thanks for your effort with ‘Update from the Heartland.’”

My reply:

Frank,

         A most happy New Year to you & Peggy.

            Re: Seidman.  Spot on, brother.  I suppose I could understand such reasoning from a political science professor, but a constitutional law professor – incredible!

            Re: Updates.  My pleasure.  I enjoy the process . . . keeps the spark alive on all eight jugs.

Comment to the Blog:

“Concerning the disclosure of covert agents’ identities, I will note here that only Scooter Libby was convicted in the disclosure of Valerie Plame’s identity, and he did no time.

“We have yet to see how long Congress can procrastinate on the budget. I never believed they could go this long.

“Your two links this week largely agree with each other, although their focus differs. The Der Spiegel article includes a high estimate of the danger of the “welfare state,” as might be expected of the Germans and the Times article does not include a discussion of Obama’s failure to lead but that too could be expected. Personally, I suspect we could resolve the whole mess by (a) making our military no larger than twice the size of the second largest other national force (China’s) and (b) giving up our irrational prohibition on marijuana. I do not expect either of those to happen soon enough to prevent Congress from continuing to posture and pontificate until more major disasters overtake us.

“Mr. Seidman’s op-ed is unworthy of your efforts. We have heard much discussion lately of mental illness treatment. Perhaps Seidman could benefit from that.

“The lame-duck Congress managed somehow to extend FISA and NDAA during all the noise about the budget. Perhaps that was the purpose of the noise.

“Another bank pays a fine, this one the Swiss-based Wegelin. The good news is that the bank will close; the bad news is that the people behind it are free to do their nefarious jobs elsewhere.”

My response to the Blog:

Calvin,

            Re: disclosure.  I did not agree with President Bush’s action then, and I still do not.  Conversely, I thought what Wilson-Plame did was also wrong as a mirror image of the same principle.

            Re: budget.  Perhaps Congress has been dysfunctional for so long they have forgotten what the Constitution requires of them.

            Re: resolve the whole mess.  As is our penchant, we focus on symptoms rather than root cause; Congress leads the way.  Given our foreign policy and military commitments throughout the world, our military is far too small.  Thus, if we want a smaller military, then we must have smaller demands and expectations.  This is not to say there are not plentiful opportunities to reduce the DoD bureaucracy regardless of the operating forces.  Also, as you know, I absolutely do not want to stop with legalization / regulation of marijuana.  It is way past time to get the Federales out of the private lives and private choices of American citizens.

            Re: Seidman.  Well said.  Spot on. ‘Nuf said.

            Re: noise.  Again, very good point . . . distraction is an effective tactical technique.

            Re: Wegelin.  Once again, spot on!  At least two of the culprits as UBS have been charged with criminal conspiracy.  Many more deserve the treatment.

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

Cheers,

Cap                        :-)