28 June 2021

Update no.1015


 Update from the Sunland

No.1015

21.6.21 – 27.6.21

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

 

            To all,

 

eagerly announce the publication of my 19th book and the 9th book of my To So Few series of historical novels. This book takes Captain Brian Drummond, USA, and his brethren and family through the pivotal year of 1943.

To So Few – Struggle cover

[image attached]

Against the advice of others, Brian chooses to return to combat after the successful National War Bond Drive as well as to Charlotte and their growing son.  The Western Allies have finally taken the offensive against the Germans and begun the process of creating a genuine Second Front, as the Russians finally turn the corner and stop the German advance at Stalingrad, encircling and capturing the entire German Sixth Army.  The 8th Air Force concentrates on the strategic bombing campaign, while the 8th Fighter Command struggles to support the bombers as a consequence of their inadequate range.  The 334th Fighter Squadron transitions from their beloved Spitfire Mark V to new P-47D Thunderbolts.  Trevor ‘Diamond’ Andersen enters Germany to encourage and support the White Rose Resistance Group, only to narrowly escape capture by the Gestapo.  The White Rose group are executed by the Nazis, while Trevor completes his arduous extraction to safety.  The Russian finally begin to push back the Germans, as the Western Allies liberate North Africa, invade Sicily and Italy, and turn the Italians against the Germans.  The planning for the invasion of France is well underway, when Roosevelt and Churchill agree that General Dwight 'Ike' Eisenhower will be the Supreme Commander for the Normandy invasion next spring.

This latest book, along with all of my other books, are available in print and all digital formats. I doubt brick and mortar bookstores stock the book, but your choice of form can be ordered or purchased from any retail source.

 

            The follow-up news items:

-- For those who might seek to understand the genesis of the January 6th insurrection [991], I strongly recommend the CNN Special Report: Assault on Democracy – The Roots of Trump’s Insurrection reported by Drew Griffin, broadcast on 20.June.2021. The program is an excellent documentary of what led up to January 6th. Let there be no doubt whatsoever that the date, time and place of the January 6th event was chosen for its desired purpose—disrupt or stop congressional certification of the Electoral College election results. While I acknowledge there are those who see and probably truly believe the January 6th insurrection was not what it was, the facts remain. The [person who shall no longer be named], the certified draft dodger and coward, pulled the trigger and stoked the fire. He did not assault a Capitol Police officer or break down a door, but he sure as hell encouraged his minions to do just that. They sought to stop the constitutional process that was in its final stages. The [person who shall no longer be named] and his believers at the Capitol that day violated the U.S. Constitution they had sworn to protect and defend. Many of his believers will suffer the consequences of their violations. It is yet to be seen whether the [person who shall no longer be named] will suffer the same consequences.

-- The convicted former Minneapolis Police officer Derek Chauvin [1005] was sentenced to 22.5 years in prison for his murder of George Floyd [959]. As numerous commentators have noted, the sentence is the longest to date for crimes committed by a law enforcement officer in uniform. However, the sentence does not seem adequate for the callousness of his crimes. Chauvin’s defense counsel laid the groundwork for an appeal, so I imagine we are not done

 

After a contentious debate, the U.S. Conference of Catholic Bishops voted [168-55-6] to advance a process that could call into question the eligibility of politicians (President Biden) to receive Communion. They are apparently not satisfied with the president’s private and personal condemnation of abortion in the light of his public support for a woman’s right to choose. There is little doubt the purpose of the bishops’ action; they seek to intimidate politicians into compliance with their dicta.  This is exactly why separation between church & state is wise and should be bilateral. 

 

On Tuesday, 22.June.2021, the Senate voted On Cloture on the Motion to Proceed (Motion to Invoke Cloture: Motion to Proceed to S. 2093) [Senate: 50-50-0-0(0)]. By Senate rules, the motion failed, preventing debate on the significant voting reform bill. The House passed their version (H.R. 1) four months ago [House: 220-210-0-2(3)]. It is publicly not clear what the path forward may be.

 

A long-time friend sent along this message:

“Maybe you are a conspiracy theorist as well! You believe [the person who shall no longer be named] and his supporters planned the event [January 6th insurrection] and it’s not true! So you are believing it was a conspiracy and it’s only in theory not fact.”

To which I replied:

Interesting accusation. I wonder what fact(s) would convince you? I suppose what you see is not enough. What you hear is not enough. What you read is not enough. Heck, we've got BICP congressman who are claiming it was a peaceful tourist group. If you can believe that, you can believe anything—aliens did it, antifa boogeymen are everywhere. and the masked grandma stole their PB&J sandwich. It does not matter what I think or why. Only what you believe. I know it was an insurrection against the U.S. Constitution that was inspired, stimulated and enabled by the former president. That is as good and relevant as if he had entered the House chamber and shot the vice president presiding at the Speaker’s Dais.

 

Chairman of the Joint Chiefs of Staff General Mark Alexander Milley, USA, and Secretary of Defense Lloyd James Austin III testified before the House Armed Services Committee on Thursday, 24.June.2021, regarding the president’s 2022 budget request for the Defense Department. Most of the questioning and testimony were about various elements of the Defense budget request. However, Representative Matthew Louis Gaetz II of Florida opened with why Colonel Lohmeier was relieved of command. Lieutenant Colonel Matthew Lohmeier, USSF (U.S. Space Force) was relieved of his command of the 111th Space Warning Squadron, Buckley Air Force Base, Aurora, Colorado. Lohmeier was relieved for publicly criticizing the Pentagon’s diversity push and what he believes is Marxism spreading in the ranks. Gaetz pressed on with questions about the embrace of Critical Race Theory (CRT) [1013] in the Defense Department. General Milley wanted to address the issue, but Gaetz cut him off. Representative Christina Marie ‘Chrissy’ Houlahan née Jampoler of Pennsylvania offered her five minutes of question time to allow General Milley to answer. I quote General Milley’s statement in full.

“Sure. First of all, on the issue of critical race theory, et cetera, I'll obviously have to get much smarter on whatever the theory is, but I do think it’s important for those of us in uniform to be open-minded and be widely read. The United States Military Academy is a university. It is important that we train and we understand. I want to understand white rage — and I’m white. What is it that caused thousands of people to assault this building and try to overturn the Constitution of the United States of America? What caused that? I want to find that out. I want to maintain an open mind. I do want to analyze it. It’s important that we understand it. Our soldiers, sailors, airmen, Marines, and guardians — they come from the American people. It’s important that the leaders, now and in the future, understand it. I’ve read Mao Zedong. I’ve read Karl Marx. I’ve read Lenin. That doesn’t make me a communist. So what is wrong with having some situational understanding about the country we are here to defend? I personally find it offensive that we are accusing the United States military — our general officers, our commissioned and non-commissioned — of being ‘woke’ or something else because we’re studying some theories that are out there while calling out those who have criticized military officials as ‘woke’ for entertaining the theory based on the idea that systemic racism exists in America. [Critical race theory] was started at Harvard Law School years ago and proposed that there were laws in the United States prior to the Civil War that led to a power differential with African Americans that were three-quarters of a human being when this country was formed. We had a Civil War and an Emancipation Proclamation to change it. We brought it up in the Civil Rights Act. It took another 100 years to change that. I do want to know. I respect your service and we’re both Green Berets, but I want to know. It matters to the discipline and cohesion of this military. And I thank you for the opportunity to make a comment on that.” [emphasis mine]

I stand with General Milley. I need to understand white rage. What on earth would lead good citizens, many of them veterans, to carry out an insurrection against the U.S. Constitution? . . . a document and ideal they were sworn to defend against all enemies, both foreign and domestic. We are a very long way from successfully dealing with institutional racism in American society. So, I say, thank you Secretary Austin and General Milley for taking the high road in addressing institutional racism, white supremacy, and extremism within the military ranks and Defense Department in general.

 

On Thursday, 24.June.2021, a five-judge panel appointed by the New York State Supreme Court, Appellate Division, First Judicial Department, issued their ruling in a complaint brought by the Attorney Grievance Committee against Rudolph William ‘Rudy’ Giuliani. The panel reviewed the factual evidence associated with just a dozen instances of Giuliani’s multitudinous false statements, which were more than sufficient to convince the panel of Rudy’s malfeasance. They concluded “that there is uncontroverted evidence that respondent [Giuliani] communicated demonstrably false and misleading statements to courts, lawmakers and the public at large in his capacity as lawyer for [the person who shall no longer be named] and [his] campaign in connection with [his] failed effort at reelection in 2020. These false statements were made to improperly bolster respondent’s narrative that due to widespread voter fraud, victory in the 2020 United States presidential election was stolen from his client. We conclude that respondent’s conduct immediately threatens the public interest and warrants interim suspension from the practice of law, pending further proceedings before the Attorney Grievance Committee.” As a consequence of the panel’s findings, Giuliani has had his license to practice law in the State of New York suspended indefinitely. They also observed, “The seriousness of respondent’s uncontroverted misconduct cannot be overstated. This country is being torn apart by continued attacks on the legitimacy of the 2020 election and of our current president, Joseph R. Biden.

“One only has to look at the ongoing present public discord over the 2020 election, which erupted into violence, insurrection and death on January 6, 2021 at the U.S. Capitol, to understand the extent of the damage that can be done when the public is misled by false information about the elections. The AGC contends that respondent’s misconduct directly inflamed tensions that bubbled over into the events of January 6, 2021 in this nation’s Capitol.”

For Rudy, I sure hope you feel the compromise of your professional ethics and blind support of the [person who shall no longer be named] was worth it. This judicial action does not bode well for Rudy who is facing multiple criminal charges. Rudy’s predicament probably does not look good for the [person who shall no longer be named] either.

The judicial vice is closing in slowly on the BIG LIE and its perpetrators. The [person who shall no longer be named] is not far away. He continues to spew his lies, and his believers persist in their blind faith in the BIG LIE. 

 

Then, to add insult to injury, Rudy and his colleagues in crime [Sidney Powell & Mike Lindell] had to appear in court for their motion to dismiss the US$1.3B defamation lawsuit—Dominion Voting Systems v. Rudy Giuliani [USDC DC Case 1:21-cv-00213-CJN]. The parallel companion cases are:

-- Sidney Katherine Powell [Case 1:21-cv-00040]

-- Michael James ‘Mike’ Lindell [Case 1:21-cv-00445]

Giuliani chose not to appear for the hearing before U.S. District Judge Carl John Nichols. There was no indication from the judge when he will render judgment of the defendants’ motion to dismiss.

 

            Comments and contributions from Update no.1014:

Comment to the Blog:

“Bipartisanship as you describe it came about immediately after Obama’s election. I’m glad someone is finally reporting on it.

“I have the same complaint you do about blind loyalty to either of the two major parties. Of course, I’m a Green Party USA member, but as we’ve seen, I don’t support them at all times or on every issue.

“To continue the discussion of small arms, Americans have a constitutional right to freedom of movement, because it’s necessary for assembly, the press, etc. Despite that, we regulate vehicles and their operators for public safety. I’m not allowed to drive a bus or a big rig without the proper license because society doesn’t have proof I could do it safely. There’s no rational reason not to do the same with firearms. Now that the NRA’s influence is waning, that could happen.”

My response to the Blog:

President Obama’s election was certainly a trigger for a segment of our society because of the hereditary pigmentation in his skin. The [person who shall no longer be named] dredged up, mobilized, and sanctioned that fringe element into the mainstream, and he tapped into the Tea Party unrest that has been visible since the days of Newt Gingrich. I finally watched the CNN Special Report: Assault on Democracy – The Roots of Trump’s Insurrection. I will urge everyone to watch it in this week’s Update.

I am not a member of any political party, and I strongly doubt I will ever choose to align myself with any political party. Independence suits me just fine.

We are agreed. I am all in favor of improved regulation of firearm possession with one critical caveat—appropriate protections against abuse by zealous governmental agents. The last thing we need is another tragic prohibition like the Controlled Substances Act. We have forfeited our fundamental rights in the name of a falsehood—a canard of epic proportion. Without those safeguards against potential abuse, I cannot support additional regulation. Below that threshold, I am deeply concerned that we are being tempted to react to the symptoms without dealing with the root cause(s). An inanimate object is NOT and can NEVER be a root cause.

 . . . Round two:

“I agree that inanimate objects don't cause homicide and also that mental illness needs to be addressed. However, most homicides can't be attributed to known or specific mental illnesses. The underlying cause of homicide is man's inhumanity to man. We need to address the instruments of crime simply because we have no way to address the first cause.”

 . . . my response to round two:

Interesting point with which I agree without qualification. I know “man's inhumanity to man” is not an establish textbook mental illness or affliction. However, to the expanded definition at least in my mind, it is itself a mental illness. Such human behavior has its genesis from many sources but so much can be traced back to bad parenting. As I recently wrote, citizens with respect for other citizens and human beings in general were taught well by their parents. Perhaps, we should be looking far deeper into the human story than today’s conduct. Several of the serial killers had documented abusive parents; those killers learned their behavior from those dysfunctional parents. Racism, xenophobia, homophobia, et al, are taught in childhood by parents, by religion, by community influence. The same is true for disrespect. We need a societal triage process for identifying such abhorrent conduct as violent tantrums, bullying, and other indicators that can be seen in childhood, by schools, by daycare facilities, by retail stores, et al. We can see the signs, but we choose not to intervene. That attitude must change if we are to have any hope of overcoming the root cause(s) of violent crime like mass murder. As I recently wrote and confessed, I have been well trained in the use of firearms for killing, but I feel no urge to use firearms to resolve my grievances. Most American citizens are in that category. Do not punish me because we refuse to deal with bad parenting and aberrant behavior. If we are offended by mass murder with firearms, let us amend societal conduct to identify and intervene with the early signs. Jeffrey Daumer and Adam Lanza (et al) were visible to their communities, but we chose not to interpose the greater common good before they acted. I want balance. I am all in favor of confiscation of firearms from those who exhibit the tendencies; however, such laws can be and are easily abused by overzealous do-gooders. Balance requires safeguards to prevent such well-intentioned zealots from intruding on the rights of peaceful, law-abiding, respectful citizens. Balance!

 . . . Round three:

“I think you'd find that essentially no parents live up to your standards. After all, the parents were raised by parents who also had no training/background in those standards, and so on back to Adam. Also, study neurochemistry, neurobiology, and genetics. Those are other important factors that affect mental well-being.

“Nobody wants to punish people for owning firearms any more than they want to punish you for driving. The objective is safety, not self-righteousness. We'll never be safe if we wait to deal with first causes.”

 . . . my response to round three:

Well, that is a rather dire assessment. I am not quite so pessimistic. In contrast, I think most parents surpass my threshold of performance or tolerance. The segment of society who have the potential for mass murder or even criminal conduct is a tiny fraction of the whole. But no one is perfect, which is simply an aspirational ideal rather than an attainable objective. The vast majority of American citizens are respectful of other people.

Yes, the chain of ignorance is perpetuated and hard to break. However, as Henry Ford said, “If we continue to do what we’ve always done, we will continue to get what we’ve always gotten.” We should all strive to do better. Lord knows I tried, but I fell well short of the ideal. I still try even through our kids and some of the grandchildren are grown. All of our children and grandchildren are peaceful, productive, law-abiding, contributory citizens. I am proud of who they are.

To my knowledge, Nancy Lanza struggled to find professional assistance to help her troubled son. Society failed her. It is not clear whether Nancy was a dysfunctional or deficient parent that produced Adam’s mental illness. Again, to my knowledge, Adam’s mental illness was genetic with perhaps environmental contributions. Nancy did not have access to the necessary resources to help her son. Perhaps the resources in Connecticut did not exist. We all share that responsibility. It is we who must change, to be more engaged in our communities, in how our children are raised, act, and contribute.

There is no perfect solution, but we must make the effort. All I am asking for my support is a bona fide effort at a balanced approach. We can improve as we go. A lopsided or unilateral response is just not acceptable.

 . . . Round four:

“All of that discussion is geared to get around discussing simple, effective regulation of firearms. Any attempt to change parenting would take decades and entail massive violations of Constitutional rights to privacy, the sanctity of people's homes, and various other things. Even if it worked, in itself it wouldn't fully resolve the issue of homicide. Meanwhile, the tool that makes homicide so easy can be regulated and should be.”

 . . . my response to round five:

That seems a bit harsh, but nonetheless, I respectfully disagree. I am not trying to get around anything. I am only seeking balance.

What regulation do you propose?

 . . . Round six:

“We could follow motor vehicle-style regulations, with the exception of regulating ownership rather than usage. (Usage is harder to detect and more dangerous with firearms.) We should require registration and background checks with every transaction, not just for licensed dealers. Owners should be duly qualified and safety precautions in required for both owners and equipment. Also, allowing an unlicensed operator to use your equipment should carry a penalty.”

 . . . my response to round six:

I can support such registration, but I ask for what purpose? Who runs the background checks? How deep do those background checks go? How is rejection defined? Who determines rejection? What appeal process is provided?

I do not see how registration deals with mental illness.

 . . . Round seven:

“Dealing with mental illness is a separate issue that won't materially reduce homicide rates in itself if it ever happens. In the meantime, society can work out how to handle registrations and background checks.”

 . . . my response to round seven:

They are inextricably intertwined. I dare say, solving the mental illness identification, triage, treatment, and follow-up process is more likely to reduce firearm mass murder than registration of firearms. The risk of giving the government more authority to intrude upon our private lives and private choices is far greater than whatever benefit firearm registration might provide . . . and it’s not clear to me what the governmental purpose (objective) is with registration.

 . . . Round eight:

“You'd have to show me real numbers from reliable sources to support that. In any case, we can make more progress within a few years by limiting the easiest tools of homicide.”

 . . . my response to round eight:

Ah, yes, the chicken or egg conundrum. So, here we sit. I guess we must wait for one or more of the states to take on the role as the incubator of innovation and change.

 . . . Round nine:

“The mental health issue, as you present it, is a straw man. The level of expansion and innovation in that field that you seem to seek would take decades and would not, in itself, address firearm deaths effectively. Yes, it would catch some of the mass shooters, but they are a small minority of killers. Let's do something more realistic.”

 . . . my response to round nine:

Respectfully, I disagree. We must start somewhere. We are discussing the potential of supersedence of our collective constitutional rights by taking the easy path. I still seek balance. This shall have to be the last word for this edition. You are welcome to press on for the next edition.

 

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

Cheers,

Cap                  :-)

21 June 2021

Update no.1014

Update from the Sunland

No.1014

14.6.21 – 20.6.21

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

 

            To all,

 

trust everyone celebrated a most enjoyable Summer Solstice. It was a bit toasty for us in the Valley of the Sun, but hey, the pool works great for relief.

 

            The follow-up news items:

-- President Biden’s European summit tour [1013] continued. On Wednesday, 16.June.2021, President Biden met with Russian President Vladimir Putin at Villa la Grange in Geneva, Switzerland. The content of their discussions remains secret. Each leader held a separate news conference after their four-hour meeting. The president was very clear regarding his expectations; “The proof of the pudding will be in the eating.” He anticipated that it would be four to six months before we would see any changes in the behavior of the Russian government and Putin. Biden did get a bit snippy with a question of one journalist and wound-up apologizing to the reporter for his curtness. All in all, I appreciated his measured statement and responses.

If anyone might be curious about why I could not and did not vote for the [person who shall no longer be named (either time)], you have but to compare Wednesday’s news conference with the post-summit joint press conference with President Putin and the [person who shall no longer be named] after their Helsinki Conference (16.July.2018) [863/4].

https://www.youtube.com/watch?v=cwxqOoIyWm0

 

The notion of bipartisanship in Congress for members of the Bully In Chief Party (BICP) [former Republican Party] is simply saying:

Bipartisanship great. Do what I want. Do it my way. Easy. Settled. Ain’t bipartisanship grand.

But even that lopsided stance is not enough. The BICP jointly participated in framing and writing several bipartisan legislative bills, and then they vote against the very bill they helped draft with compromises to gain their support. I am quickly coming to the threshold of congratulating and thanking President Biden and the congressional Democrats for extending their hands to the BICP. You tried valiantly, but no need to continue being bitten for your efforts with no progress. The BICP wants division, so be it.

 

President Biden signed into law the Juneteenth National Independence Day Act [PL 117-017; S.475; House: 415-14-0-2(4); Senate: unanimous consent); 135 Stat. xxx] that establishes Juneteenth as a national holiday for federal employees. This was the first new national holiday since Martin Luther King Day in 1983, and long overdue I might add. For those who may not know the history, please allow me a short primer.

On Monday, 22.September.1862, President Lincoln signed Proclamation 95 that became known as the Emancipation Proclamation, taking effect on Thursday, 1.January.1863, freeing everyone held in slavery. When the Civil War was concluded, Major General Gordon Granger, USA, was given command of the District of Texas, United States Forces, for the occupation and reconstruction of the Confederate States. He quickly determined that news of the emancipation had not reached Texas. On Monday, 19.June.1865, General Granger issued General Order No.3 from his headquarters in Galveston, Texas. The order stated that former slaves had “absolute equality of personal rights and rights of property.” The slaves of Texas were the last to be freed. The former slaves celebrated the day of their freedom as Juneteenth.

This republic celebrates Independence Day (4.July.1776) when our forefathers declared, “That these United Colonies are, and of Right ought to be Free and Independent States.” While some among us may rationalize that Juneteenth (19.June.1865) may apply to only citizens with dark skin pigmentation, and perhaps others will see the day as only applicable to former slaves in Texas, I think Congress and the president got it spot on correct. Juneteenth is the day when all American citizens were finally informed they were free. We should all rejoice in freedom.

 

The [person who shall no longer be named], the BICP, and all their supporters, believers, sycophants, and minions got quite the shock on Thursday, 17.June.2021. The U.S. Supreme Court issued its ruling in the case of California v. Texas [592 U. S. ____ (2021); No. 19–840]—the latest and perhaps last challenge to the PPACA (23.3.2010) [432]. The 7-2 decision had two of the three justices nominated by the previous president voting in favor of sustaining the PPACA. The Supremes reversed and remanded the appeal of the 5th Circuit’s ruling thus allowing the PPACA to stand. I hope that eventually the BICP will abandon their nonsense, and Congress will get on with improving the PPACA rather than trying to kill it by neglect or a thousand cuts.

 

When I ask citizens who voted for the [person who shall no longer be named] why they voted for such an obviously and deeply flawed man, I commonly hear answers like: “He was the Republican candidate,” or “I could never vote for a Democrat,” or “I’ve always voted Republican.” What I think when I hear reasons like those is, you care more about your political party affiliation than you do about the country. Please do not misunderstand me, there are blindly loyal Democrats who say and do exactly the same thing from the opposite direction. The difference in this particular instance rests upon the reality the Democrats have never presented an egocentric, malignantly narcissistic, con man even remotely comparable to the [person who shall no longer be named]. For the last 40 years, I have freely labeled Jimmy Carter as the worst president in American history for a host of reasons. Carter was and is a very good man, and an exemplary human being, but he was a lousy president. To put a fine point on it, if Jimmy Carter had run against the [person who shall no longer be named], I would not have hesitated in the slightest to vote for Carter. I no longer consider Jimmy Carter the worst president after the disastrous conduct and behavior of the [person who shall no longer be named] over the last nearly six years.

 

            Comments and contributions from Update no.1013:

Comment to the Blog:

“I’ll skip analyzing the California pro-weapons decision except to point out the usual misinterpretation of the 2ndAmendment. Also, as far as I know, firearms are not addictive in the sense that alcohol and many other chemical compounds are.

“The notion that citizens with small arms could somehow overturn a tyrannical (or other) United States Government is utterly ridiculous today. Also, the people advocating the small arms are mostly seeking a more tyrannical government.

“In your discussion of Houston Methodist Hospital, you make the outrageous claim that ‘the hospital is not forcing anyone to take a vaccine they do not want to take.’ Their alternative is losing their job, so yes, they are forcing people to take a vaccine.”

My response to the Blog:

I would not call the Miller v. Bonta ruling a “pro-weapons” decision. It was a judge’s attempt to provide a balanced decision in accordance with the Constitution. But, I suppose that is quibbling.

Agreed, firearms are not addictive.

OK. I won’t argue that point.

I do not agree with the association of firearm advocates and seeking tyrannical government. Some yes, but not as a general observation. We cannot vilify an entire segment of our citizenry.

Forcing anyone to take the vaccine is strapping them down and injecting them despite their refusal. No one has ever been “forced” to take the vaccine. Employment is a privilege, not a right. I understand the attraction of claiming “forced,” but that is not consistent with the language or reality. Like so many dilemmas during the pandemic period, there is a difference between our emotional response and the precision of the language. Every nurse employee is free to choose what matters to them. Further, the conflict between individual rights and the common good remains a challenge for us all. I imagine the Bridges ruling will be appealed. However, my rudimentary understanding the Supreme Court interpretation of employment law is not in Jennifer Bridges favor.

Round two:

“From https://www.merriam-webster.com/dictionary/forced

Definition of forced

1 : compelled by force or necessity : involuntary a forced landing

“I think if we include ‘necessity,’ we can count the threat to employment as ‘forced’ vaccination. Let's not kid ourselves, work is a necessity, and being fired pretty much stops one from going elsewhere.”

 . . . my response to round two:

I understand the definition of the word “forced.” I would not choose that word in this instance. I do agree that necessity should be included. However, I do not agree that the employment of those nurses at Houston Methodist Hospital qualifies as a necessity. They can find nursing employment anywhere else they choose.

I might say here, I worked my entire life from teenage to retirement under that axiom of employment—carry out my orders to the best of my ability or resign. I did not have an option to refuse, resist, object, or defy my orders. Like me, those nurses have no “right” to those jobs. Yes, to them, employment is a necessity, but employment at Houston Methodist Hospital is not, since there are other nursing jobs available in virtually any city, town, or village they may choose.

 . . . Round three:

“Ever been fired? Those people cannot ‘work anywhere else they choose.’ I'm sad for you if blind obedience is the only approach to work that you know.”

 . . . my response to round three:

Technically, no, but I have been laid off—same consequence. We shall respectfully disagree on the mobility of nurses. I am grateful for your sadness for me; I certainly do not feel that way or worthy. What I described is a long way from “blind obedience.” I always had choices; no one stood in the way of those choices. I just respected my employers (well, the position of the employer).  [Once, I could no longer respect the man who had been chosen to be my boss; I resigned.] Once again, we have no “right” to employment; it is a privilege we must constantly judge. We have no “right” to direct the employer how s/he should run the business they are responsible for running. If we cannot support the employer’s decisions and direction, we should leave.

 

Another contribution:

“Thanks for the thorough history lesson on the 2nd amendment. It does give context to the entire conversation.

“I do agree with you that an entire collective should not be punished due to a few bad apples. But I have to question at what price?

“Is there a price too large to prohibit society from a ‘right’?

“I guess I put a lot of emphasis on this thing we call life and to me, that price outweighs an individual’s ‘need’ for a gun.

“And yes, they would be appalled if they could see today’s outcome of their decision. As they should be because we really do suck as a civilization. We fought each other from day 1. And that will never stop.”

My reply:

I do try to look at both sides of every issue. Things are rarely black & white, but rather somewhere on the infinite spectrum of shades of gray.

A very good question. I do not have the answer. We need some balance. When we start taking away rights based on our emotions, we head down a very dangerous path. Who decides? How far do we go? What is enough? Freedom can often be very ugly. One person’s choice is another person’s condemnation. The manuscript I just sent off to the publisher is about that very topic—every citizen’s freedom of choice and right to privacy. The answer to your question lies in focusing on the essential elements and the root causes. Unfortunately, in this country, we always look for the easiest, brute force path, e.g., Prohibition, “war on drugs,” and now gun control. We like to use a nuclear weapon to swat a fly.

So, let me ask you, if you owned an AR-15, would you be tempted to kill someone or group of someones? It is a rhetorical question. I know the answer. You choose not to possess an AR-15. I see no reason to own one either. I was trained to use an M-16 (a fully automatic true assault rifle); I qualified as an expert marksman with that weapon. I know how to use the weapon, and I know how to kill with the weapon. The vast majority—in the 90%+ range—would answer and act just like you and me.

IMHO, the majority, if not all, of those who choose to use those weapons to kill have some degree of mental illness. We choose not to identify and treat their mental illness. Instead, we seek the easy path—prohibit a class of firearms for ALL citizens. Such a prohibition does not affect you and me, because we have chosen not to own such weapons. But, I am quite resistant to prohibition, especially when we refuse to address the root cause(s).

Concomitantly, I am not keen on giving the government, at any level, more authority without serious checks & balances to prevent overzealous politicians, agents and regulators from abusing any new authority. The “war on drugs” started with the Controlled Substances Act. That direct law has mutated into confiscation of property without due process, untold killing and abuse of sovereignty, destruction of entire countries, unchecked asylum migration at our borders, et cetera ad infinitum ad nauseum. So, to me, this is NOT about a simple prohibition of a class of firearms. That is exactly what I thought when CSA was passed in 1970. I was dreadfully wrong 50 years ago. I do not want to be wrong again.

I want to see a balanced approach to at least make an attempt at addressing the root causes. Until then I shall resist.

 

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

Cheers,

Cap                  :-)

14 June 2021

Update no.1013

 Update from the Sunland

No.1013

7.6.21 – 13.6.21

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

 

            To all,

 

As reported in last week’s Update [1012], I reported the judicial ruling of Judge Roger Thomas Benitez in the case of Miller v. Bonta [USDC SDCA Case No.: 3:19-cv-01537-BEN (JLB) (2021)] [1012].  I completed my reading and study of this case.  The judge declared California’s 32-year-old, Roberti-Roos Assault Weapons Control Act of 1989 (AWCA) [18.5.1989] an unconstitutional infringement on the 2nd Amendment rights of the state’s residents.  The AWCA prohibits a list of firearms “declared to be assault weapons” by their appearance, e.g. pistol grip, collapsible stock, et cetera.

Just a little FYI at this point: The federal “assault weapons” ban {Public Safety and Recreational Firearms Use Protection Act (AKA Federal Assault Weapons Ban or Semiautomatic Assault Weapons Ban) [108 Stat. 1997] was included as Subtitle A, Title XI of the Violent Crime Control and Law Enforcement Act of 1994 [PL 103-322; 108 Stat. 1796; 13.9.1994]} expired by law 10 years hence [2004].

I have a few overarching observations. First, while I may not like or appreciate Judge Benitez’s writing style and somewhat cavalier use of language in presenting his reasoning, I agree with his conclusion. The California AWCA is unconstitutional and should have been struck down years ago. Second, even Judge Benitez falls victim to the common misnomer. He does not maintain rigor in his implied meaning of the words by his usage. Assault weapons are distinguishable from other similar or identical looking firearms by one key, central function—the ability to fire automatically, i.e., multiple shots with a single trigger pull. The AWCA does not make that distinction. Just another little FYI here: Automatic weapons have been outlawed in the United States since 1934 {National Firearms Act of 1934 [PL 73-474; 48 Stat. 1236]}; that law has not stopped bad guys from acquiring and using automatic weapons.

Judge Benitez observed by the evidence, “To summarize, the average rate of mass shootings with assault weapons (sic) in California has not changed in the thirty years since the assault weapon ban was enacted.” In essence, the AWCA did nothing other than criminalize the possession of a class of firearms for regular, peaceful, law-abiding resident.  Why?  The answer is simple.  The prohibition does NOT address the root cause(s) of mindless gun violence—only an emotional reaction to a symptom.  We can hope that someday rational logic and reasonable balanced action comes to this issue. The last line of the Judge Benitez ruling in the Miller v. Bonta ruling represents my assessment.  “Law-abiding citizens are imbued with the unalienable right to keep and bear modern firearms.” I agree with his conclusion.  However, I think the concluding statement erroneously overstates the basis for the conclusion.  The right to bear arms is a constitutional provision established by men.  Inalienable rights—Life, Liberty, and the Pursuit of Happiness—exceed even the Constitution.  Among those inalienable rights is our fundamental right to privacy and freedom of choice. Several state officials indicated the ruling would be appealed, of course.

For everyone who was outraged at Judge Benitez ruling, let us have a more productive conversation about the root causes of the behavior that offends us and violates the common good in the public domain. Using a Band-Aid in an attempt to close a gaping wounds will not and cannot work to heal the wound. Such an injury requires medical grade treatment and suturing. I am all in favor of and supportive of doing far more as a society to deal with and treat the root causes of firearm violence. I am not supportive of any kneejerk, emotional response to the symptoms; I advocate for a comprehensive effort to address the root cause(s). Prohibition for everyone to deal with the wrongdoing by a few is not the answer.  I understand the urge, but I remain convinced prohibition is never the correct path in dealing with some morally objectionable behavior. We must resist the urge for prohibition if we hope to maintain (or rather return to) a free society.

A distantly related footnote: I have submitted a manuscript to my publisher for consideration that deals with this overarching phenomenon.  In my novel, the issue is drug consumption—the so-called war on drugs.  They very same phenomenon applies to firearms.  The vast majority of firearm owners are peaceful, law-abiding citizens who utilize their weapons in a safe, lawful, respectful manner.  Prohibition of an entire class of firearms for all citizens because people do not like them, or fear them, or resent what a few deranged people do with them is wrong.

 

I insert here a query this week from our middle son.  “Question – If the Founding Fathers could see America 200+ years later, do they ever write the 2nd Amendment?” I will offer a few general comments and then a specific answer.

With respect to this question, the Founding Fathers were concerned about several broad matters that led to the creation of the 2nd Amendment.  One, they documented considerable apprehension regarding the potential influence on governance of a large standing Army.  Concomitantly, they also recognized the need for a robust collective defense system. The solution to find balance between these conflicting aspects was a reserve force of distributed state militias that could be rapidly called up to national service. The system has been exercised many times in our history, thus the words, “A well regulated Militia, being necessary to the security of a free State . . . “ Two, they were deeply concerned about the tyranny of a willful majority as well as the tyranny of power in the hands of flawed men. They stated in the Declaration, “. . . mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.” They saw the need, but they also recognized that an armed citizenry was the only mechanism to deal with a tyrannical government. Three, while they all believed in the basis of law and checks & balances of their construct of governance, they envisioned an engaged citizenry to deal with anomalies that would invariably happen over time. Whether we have achieved that state is debatable, but I think they truly believed in We, the People.  Four, the right to bear arms was not in the original Constitution. It was added in the Bill of Rights (the first ten amendments) three years after the ratification of the original Constitution. They saw the Constitution as the basis for the federal government—responsibilities, authorities, and boundaries. They also recognized that there had to be protections, minimums if you will, for all citizens as part of the bulwark against the potential tyranny of the government. In that belief, they knew the citizens had to have the means to fulfill their obligations to a free, peaceful, secure, representative Republic.

That said, I think the Founding Father would be appalled by the senseless violence we see today, and they would see what is happening in our society as an abandonment of our founding principles.  Of course, I think they would never have anticipated the Civil War, the lawlessness of the Wild West, and certainly not foreseen the insurrection of January 6theven in their worst nightmares. Citizens turning on each other with firearms in lethal exchanges does not show up in their reasoning. Those men 250 years ago were very insightful regarding human nature and the demands of democratic governance, but I am not so sure they would see the root cause(s) of the gun violence we see today. Seeing what exists today might have amended their words, but I do not think it would have been sufficient for them to abandon a citizen’s right to bear arms.

“That’s just my opinion, but I could be wrong.”

 

I listened intently to the CNN program AC360° Special: “Barack Obama – On Fatherhood, Leadership and Legacy” with Anderson Cooper, broadcast on Monday the 7th. Boiling down the whole hour program to a basic observation, I was reminded in graphic terms what an articulate, fit, intelligent, knowledgeable, compassionate human being he is, especially when compared to the buffoon who succeeded him. Obama was very careful, effusive and candid about his support of the Becoming A Man (BAM) program intended to improve citizenship and parenting. Taken in this form, if I must choose this or that, there is not a sliver of doubt in my choice. 

 

Vice President Harris flew off on her first foreign mission.  I watched parts of Vice President Harris visit to Central American countries and listened to her various speeches and public statements.  Her objective was to understand the root cause of the Central American migration that challenges our borders and stresses our immigration control system (such as it is). She stumbled on the question of whether she has visited the border. It was a crude and unsophisticated effort to distract and deflect from the vice president’s mission.  She could have handled the question better, but the reality is she was correct; her mission was focused on the root cause(s), not the symptoms (border).  Of course, the right-wing media wants to diminish the importance of the vice president’s mission. At the end of the day, I thought she did an admirable job on a proper assignment; she was far closer to the root cause(s) of the border immigration crisis than the previous administration ever was.

 

President Biden also took his first foreign trip as well for the G7 Summit, a NATO conference, and the meeting with Russian dictator Putin in Geneva.  Just the visual imagery alone is monumentally different from what we endured and apologized for in the last four years.

So far, I think the president has done exceptionally well on the international stage. I have seen no signs of the “Ugly American Syndrome” we, and the world, endured during the last administration.

For those who may not recall, here is a URL for one of many video clips of the same incident on 25.May.2017.

https://www.youtube.com/watch?v=-xeCg0hCFiA

The president has a NATO conference next week as well as the summit conference with Russia’s Putin, so there will be more to this story.

 

For those who may doubt the existence of institutional racism in the United States, I strongly urge you to watch the PBS documentary “Tulsa: The Fire and the Forgotten” that aired on 31.May.2021—the 100th anniversary of the Tulsa, Oklahoma, massacre of an uncounted number of American citizens with dark skin pigmentation. For those interested in history, this is an essential documentary.

 

A group of 117 nurses at Houston Methodist Hospital in Texas, filed suit against their employer claiming that they were being forced to take the COVID-19 vaccine—Bridges v. Houston Methodist Hospital [USDC SDTX 4:21-cv-01774].  The nurses argue that they were refusing to be “human guinea pigs.” U.S. District Judge Lynn Nettleton Hughes of the Southern District of Texas dismissed the suit outright.

Somehow, they believe they have a right to the job they have, that the job belongs to them.  The action is extraordinary and outrageous in so many ways.  To my knowledge, and I believe the hospital management has made it crystal clear, the hospital is not forcing anyone to take a vaccine they do not want to take.  They are only stating publicly that the hospital’s obligation is to patient treatment and safety, and as such, the inoculation requirement is a condition of employment.

 

Oregon State Representative Michael J. ‘Mike’ Nearman became the first state representative in Oregon history to be expelled from the legislature on 10.June.2021, by a vote of the legislature’s members. All representatives except Nearman voted in favor of his expulsion. He was documented having violated capitol security by enabling protesters access to a secure area of the building. I dare say there are members of Congress who should face the same expulsion for their support of the January 6th insurrection.

 

freely and unabashedly confess to my failure to and inadequacy in understanding the term Critical Race Theory (CRT).  The movement has been percolating in conservative conclaves for fifty years.  Who knew?  For the uninitiated, like me, CRT is an academic movement in the United States seeking to critically examine the law as it intersects with issues of race and to challenge mainstream liberal approaches to racial justice. Critical race theory examines social, cultural and legal issues as they relate to race and racism. All that sounds good and reasonable until we translate those innocuous words into practical terms. In reality, CRT endeavors to forbid teaching about white privilege, institutional racial bias, et cetera, in public schools. The social conservative movement cannot be ignored. We must pay attention. Forewarned is forearmed.

 

            Comments and contributions from Update no.1012:

Comment to the Blog:

“I’ll skip most of the virus stuff, but Dr. Fauci (or Faust) brought it on himself. He has no clue about human behavior or effective communication, or there is something wrong in his mind.

“I have seen a brief quote of the judge who overturned (for now) California’s assault weapons ban calling the AR-15 “ordinary” and “sporting” and stating that it was useful for home defense. I disagree.”

My response to the Blog:

You are not alone in vilifying Doctor Fauci. He is not a psychologist or orator; he is a virologist.  His expertise is not politics.  Let us not forget that politicians and the Press pushed him to be the de facto face and spokesman for the pandemic response; he did not seek what has come to him.  In many respects, he tried mightily to confine his words to his expertise, but he was not trained or practiced in dealing with Media scrutiny that engulfed him.  He is a virologist, not a politician.  The vilification of Doctor Fauci is just plain wrong; he does not deserve what he is being subjected to by primarily the far right.  He is in the position he is, and I, for one, resent the attacks on his professional status.  I laud his measured handling of the myriad attacks on him personally.

I will have to save my opinion until I finish my reading of the ruling.  If we continue this exchange, I will eventually be able to respond.  Until then, my response may have to wait until Update no.1013 hits the wire.

 . . . Round two:

“Dr. Fauci's failings have nothing to do with politics or politicians.  If he's employed as an expert on public health, shouldn't he have some inkling of how the public will respond to his edicts?  Or at least how the virus will respond to them?”

 . . . my response to round two:

I understand and appreciate your ire . . . truly.  He is certainly not without fault.  We are all flawed.  What you are describing is an attribute that all doctors should possess, especially and even more so a doctor in a leadership role like Doctor Fauci.  He deserves criticism.  However, I think early mistakes have colored everything hence.  When he said early on that masks are not necessary was his biggest mistake, but respectfully, I think he fell victim to the denials of the [person who shall no longer be named].  I believe the early no mask statement was a political action, not scientific, and he should not have taken the bait; but, he did.  His confrontations with Senator Paul were spot on the money, IMHO.

 . . . Round three:

“I believe the early ‘no mask less than N95’ was in fact accurate. More importantly, he failed to foresee the ‘unintended’ consequences of the lockdowns and nobody made any attempt at a united national response. Nope, not excusing Fauci as having ordinary human failings.”

 . . . my response to round three:

I do believe we are confusing things here. Doctor Fauci is a medical doctor specialist in a scientific advisory position. He had and has no authority beyond the influencing of the political leaders and the public.  It is my impression, accurate or not, that he was caught in a vice during those early days—the proverbial between a rock and hard spot.  He knew we faced a highly infectious respiratory virus with “just in time” PPE stocks across virtually our entire health care system and a president who was publicly insisting “no problem, nothing to see here folks” and not taking aggressive national action.  A unified national response was the president’s responsibility, not a director at the National Institutes of Health. You (and anyone else) can not like the guy for any reason(s) you wish but blaming Doctor Fauci for the grotesque failings of the [person who shall no longer be named] is just wrong.  The president was the single man responsible for the preparedness and action of the federal government.  Let us put the blame where the blame belongs.

 . . . Round four:

“Dr. Fauci's words and deeds played a central part in our flawed response to the virus. Save the apologetics for religious settings.”

 . . . my response to round four:

Yes, they did, but what we do not yet know is, to what degree was he pressured by the administration to say what he did.  I hope someday we will know why they did what they did, but that day is not today.

“Religious settings”?  What do you mean?

I acknowledge that you do not like Doctor Fauci.  I do not share your view and opinion on that issue.  ‘Nuf said.

 . . . Round five:

“Feel free to look up ‘apologetics.’”

 . . . my response to round five:

“My query was not the word apologetics but rather religious settings. I know what the words mean, but I want to understand your usage.”

 . . . Round six:

“Defense of beliefs without evidence is apologetics to me.”

 . . . my response to round six:

Wow!  That is quite the accusation.  I suppose “without evidence” depends upon how we define evidence and scientific method.  I could make a comparable accusation, but I will not.  You have been quite clear about your opinion of Doctor Fauci; that shall have to suffice until you decide to amend your opinion.  I will not be holding my breath on that one.  It is an interesting footnote that Doctor Fauci has his critics and detractors on both the left and the right; they condemn him for doing too much and not enough.  Such is life these days.

 

Another contribution:

“Thanks for the blog, sorry I haven’t added for some time. Should we call it Covid exhaustion. Let’s get our real lives working again and very soon. We’re expecting a total release from the grip of lockdown but the latest of what could be endless varieties of this damned bug is trying to gain a hold in some parts of the U/K. Fortunately the jabs seem to be working for the majority. 

“Do you think Cap that we will ever find where and who launched this calamitous and appalling disease on us all-and I mean us all. There are still countless countries across the globe that have barely started a vaccination programme.

“If humanity is to survive this cataclysm then we must fight this together as a human race.”

My reply:

No worries, my friend.  There is no obligation or expectation—only an open forum and invitation whenever the urge strikes. COVID exhaustion hits us all.  Things are returning to normal—not normal yet but headed in the correct direction.  The day has finally come when we enter a restaurant or store, we ask, “Are masks required?”  That is a new phenomenon—refreshingly new.

The reality is, the longer we provide a fertile host environment (unvaccinated citizens), the more the virus will be allowed to mutate into variations, some eventually being more virulent and fatal to humans.  If there was one lesson learned from the abysmal pandemic response of the United States, it is just that; our best hope of beating a virus is nipping it in the bud.  Because of the inept, ill-advised, uninformed, foolish actions of the [person who shall no longer be named] early on, the virus was allowed to sink deep roots in our human population.  That reality cost us nearly 600,000 lives and untold economic injury so far.  A laissez-faire, every man for himself approach to any pandemic situation is absolutely, categorically and emphatically WRONG . . . in every possible way. The [person who shall no longer be named] shall forever be condemned for his failure.

Because of the reality on the ground, I suspect we may never factually establish the identity and viral vector of Patient-0 in the COVID-19 pandemic.  The PRC government has been characteristically secretive.  In an obtuse manner, we must admire the effectiveness of the PRC in controlling access . . . just enough to give it an air of credibility, but never enough to truly know.  I think the only thing that will allow us to know factually the source will be removal of the Communist Party of the PRC—not likely any time soon.


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

Cheers,

Cap                  :-)