16 December 2013

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 114th match-up resulted in 12th 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

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                        :-)

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