30 December 2013

Update no.628

Update from the Heartland
No.628
23.12.13 – 29.12.13
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)
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                        :-)

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