Update no.694

Update from the Heartland

No.694

30.3.15 – 5.4.15

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

To all,

The follow-up news items:

-- Indiana backpedaled quickly to revise their SB101 religious freedom law [693] to prohibit the use of the new law to discriminate against any citizen based on sexual orientation or gender identity.  Arkansas amended their law as well.  This is a good example of why President Jefferson articulated the separation between church and state.  I do not tell anyone how they should practice their faith or adherence to the religious dogma they choose to embrace; conversely, no one has a right to tell me how I should live my life, just because their faith tells them to do so.

-- Despite the very wrong 47-senators letter [691], the P5+1 Group (People’s Republic of China, France, Russia, United Kingdom, and United States, plus Germany, i.e., the United Nations Security Council Permanent Members + Germany) [well actually, rather than P5+1, it is actually EU/EU3 + 3] reached agreement with the Islamic Republic of Iran (IRI), regarding the IRI’s nuclear development efforts.  Prime Minister Benjamin Netanyahu of Israel screamed bloody murder, publicly declaring “the deal” as a bad agreement and a threat to the security of Israel.  I have multitudinous views of all this, but the one thought that continues to percolate out of the morass – Netanyahu wants war with the IRI, nothing else will do, and he wants to drag the United States into his war.  I say, let us do as we say, let’s give diplomacy a chance, before we pull the trigger for more blood to be spilled.  There, I’ve said it.

-- Recovery crews finally located and retrieved the Flight Data Recorder (FDR) from Germanwings Flight 9525 [693], a little over a week after the tragedy.  Both critical recorders (CVR & FDR) are now in the hands of the Bureau d'Enquêtes et d'Analyses pour la Sécurité de l'Aviation Civile (BEA) [the French NTSB].  The condition of the seriously damaged FDR is not clear.  In this instance, I suspect the BEA will release their investigation report as quickly as they are confidently able to do so.  The publicly available information continues to mount that this was a deliberate act by a selfishly murderous, suicidal co-pilot – Andreas Lubitz.  I shall persevere in my advocacy for caution and deliberation, to avoid over-reacting to the evidence.

Governor Edmund Gerald ‘Jerry’ Brown Jr. of California took an unprecedented action, ordering mandatory water consumption cuts across the entire state after the latest measurements show the state's mountain snowpack, which accounts for roughly a third of California's water supply, has shrunk to a record low of 5% of normal for this time of year.  Executive Order B-29-15 directs the state’s Water Resources Control Board to implement mandatory water reductions of 25%.  The sad reality of California’s drought cycle . . . this situation will impact us all.

For those who may be interested, Governor Samuel Dale ‘Sam’ Brownback of Kansas signed into law KS SB45, the so-called “constitutional carry” law, which allows any citizens (not otherwise prohibited, i.e., convicted felons, or under 21 years of age) to carry a concealed pistol, with or without a permit or appropriate training.  We will see how this works out.

News from the economic front:

-- The U.S. Department of Labor reported nonfarm payrolls rose by a seasonally adjusted 126,000 jobs in March – the smallest gain since December 2013.  The average monthly gain in 1Q2015 was 197,000, down from an average of 324,000 in 4Q2014. 

Comments and contributions from Update no.693:

Comment to the Blog:

“I regard the crash of Germanwings Flight 4U9525 as you do, as a tragic instance of a mentally ill person inexplicably taking many other lives along with his own. Short of strong evidence otherwise, society's only immediate action is to support the grieving survivors as best we can. This is the only instance of this specific behavior, so perhaps we ought not to treat it as an ongoing issue. People are showing signs of doing exactly that, though. Like you, I do not see increased or changed airline procedures as effective preventive measures should another such person make his way into the cockpit as a crewmember. The notion of arming cockpit personnel fails even more. Ordinary, mentally stable people would not have constant attention on such weapons, but a person in the mental state of First Officer Lubitz would. Such weapons would become the tools of the suicidal/homicidal person.

“We must find the means to protect the privacy and dignity of the individual while some form of filtration process allows us to intervene . . .” seems an impossible idea to me. Like it or not, we live in an adversarial society and we have already lost much of our privacy. Such a system would certainly be abused by the unscrupulous and the resentful, and might well not work anyhow. First Officer Lubitz's work environment placed him under more scrutiny than 99% of the people, but he went undetected.

“The so-called Religious Freedom Law, the Indiana government's assertion of its own insanity, surely will not withstand scrutiny. Among the more obvious “unforeseen” consequences could be a refusal to pay taxes or to cooperate with any governance at all. In medieval times, Christians refused to handle financial transactions because of some passage in the Bible. Look for people claiming Christian beliefs to comb that long, varied document and find words they can turn to their financial advantage. Many other ludicrous outcomes can easily be envisioned. Passages in the Bible give instructions in how to sell one's children into slavery, what animals to use for blood sacrifice and various other behaviors we see as repugnant today. Of course, these outrages are not limited to Christians. My religion has been persecuted by the Christians extensively in the past. Would this law give me liberty to persecute them back? A decent attorney could make total anarchy from this mistake were it allowed to stand.”

My response to the Blog:

            Re: suicide-by-aircraft.  Well, actually, GWI Flt 4U9525 is not the only instance of suicide-by-aircraft.

9.2.1982            Japan Air Lines Flight 350, DC-8, crashed short of runway; Pilot Seiji Katagiri, 35, engaged No.2 & 3 thrust reversers on approach, sending the plane into Tokyo Bay, killing 24 of the 166 passengers on board; he survived, tried, found not guilty by reason of insanity

21.8.1994            Royal Air Maroc Flight 630, ATR-42 aircraft, dove suddenly and crashed in Atlas Mountains; pilot Younes Khayati, 32, intentionally crashed the aircraft

19.12.1997            SilkJet Flight 185 crashed into swamp near Palembang, Indonesia; dove suddenly from FL350; pilot Tsu Way Ming most likely committed suicide-by-aircraft

31.10.1999            Egypt Air Flight 990 crashed into the Atlantic Ocean off Nantucket; cause unknown; most likely an intentional event

29.11.2013            Linhas Aereas de Mocambique (LAM) Flight 470, pilot Herminio dos Santos Fernandes locked out his co-pilot and intentionally crashed the a/c, killing all 33 people

I can also argue that PSA Flt 1771 [7.12.1987] was a suicide-by-aircraft, although that one did not involve either of the pilots as perpetrator.  As any good special operator will attest, there is no such thing as perfect security – where there is a will, there is a way.  Clearly, Lubitz had the will; it was not a spontaneous, emotional act.

            Re: mental health screening.  You are probably correct, which in turn means, we will have to endure sporadic events like GWI Flt 4U9525.

            Re: religious freedom.  Indeed!  Religious freedom does not entitle or enable anyone to impose upon the freedom of choice of another individual.  While Governor Pence is spot on correct, the law makes no mention of discrimination – for or against.  The IN SB 101 law simply states government cannot get involved when religious freedom is claimed.  To me, the IN SB101 is more likely a passive-aggressive enabler than it could ever be construed as a law of discrimination, i.e., it is rationale NOT to defend the civil rights of citizens who might offend the religious sensitivities of others.  The Constitution says equal protection under the law; it does NOT offer an exception, any exception, including for religious offense of some.

Another contribution:

“The news this morning that the Germanwings Co-pilot's personnel records show a six month sabbatical to deal with depression while he was in flight academy in 2009 is probably enough to invoke full negligence on the part of the airline which will significantly increase potential monetary damages. Also, both France and Germany have statutes on books making gross negligence chargeable as a crime.”

My reply:

            I heard the reports as well.  I hope the powers that be do not over-react to these revelations.  I have not heard the rationale or justification for Lufthansa ‘ignoring’ the signs, but it could be they were trying to give Lubitz the benefit of the doubt.  The dimensions of what might have been are large.  Clearly, Lufthansa did not have, or did not apply, criteria for mental health determinations.  In hindsight, Lubitz was clearly a troubled soul.  As you noted, he appears to have reached out, but apparently no one was listening.  It would be easy to over-react and disqualify everyone who reports or may be suspected of having a mental illness or anomaly.  While we certainly need a filtration process, we have failed to establish non-judgmental, non-punitive, mental health treatment systems.  Hopefully, we will learn positively from this event.

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

Cheers,

Cap                        :-)