Update no.1219

Update from the Heartland

No.1219

19.5.25 – 25.5.25

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

 

To all,

 

Let us take a few moments to remember the fallen who have gone before us in the preservation of freedom and the Union. Memorial Day is set aside each year to laud the ultimate sacrifice of those who gave their last full measure of devotion to the Republic. May God rest their immortal souls and comfort those who care for the fallen.

Memorial Day is the unofficial marker for the beginning of summer. I hope everyone remembers and appreciates the rights and freedoms the fallen have saved for us.

 

After pulling an all-nighter like a bunch of college kids, the House of Representatives passed H.R.1 - One Big Beautiful Bill Act [House:215-214-1-2(3)]. Yes, that is precisely the title of the bill listed by the Library of Congress. Does any see the fingerprints of [the person who shall no longer be named, AKA no name]? The word ‘repeal’ was used 97 times throughout the text of the bill, which should give everyone a feel for the purpose of the bill. H.R.1 is a Republican legislative sanction on the dismemberment of the federal government by the current administration and the consequent loss of services. Any guess as to what citizens will pay the heaviest price as a result of those lost or diminished services. The inhumanity of H.R.1 and the DOGE chainsaw is incalculable. Three Republican representatives chose not to vote, and two voted against the bill. All the Democrat representatives voted against the bill.  Please note that H.R.1 passed by ONE (1) vote. The bill has now passed to the Senate for action. The Senate Majority Leader has promised that the Senate will rewrite the bill to their liking and send it back to the House for consideration. We may be one step closer to the destruction of government as we have known it, but we remain a long way from the bill becoming law. We can only hope that saner minds will eventually prevail.

 

We continue to make progress, but no joy as yet. We are currently shooting for a closing date of 10.June.2025, but that is not confirmed. Returning to some semblance of our routine is still a month or so away. We will keep plugging away until we get there. Thank you so much for your patience and understanding.

 

Comments and contributions from Update no.1218:

Comment to the Blog:

“I’ve studied the ‘intelligence’ community enough to know better than take them at their word. Tren de Aragua could possibly be an agent of the Venezuelan government, but even if so, current events don’t fit the intent of the Alien Enemies Act of 1798. The attempted bypass of due process is even more concerning.

“If we get around to immigration law reform, we ought to conform to international law regarding refugees, and we’d be wise to consider our aging population as well. Criminals among the immigrants seem to be less common than native-born criminals.”

My response to the Blog:

Apparently, I hold the intelligence community in higher regard than you. There are a number of accumulating facts that support the classification of the Venezuelan TdA as an FTO. However, as stated previously, TdA is not the principal concern from my perspective. It is the unilateral classification of immigrants in this country without permission being classified as TdA members without due process of law. The use of AEA in this instance is a valid point of debate. Using Judge Haines contemporary definition of “predatory incursion” brings the AEA much closer to appropriateness for me. Judge Haines offered a cogent and focused rationale. We are agreed; the USG’s due process bypass is the most concerning.

I am not so supportive of the international position regarding refugees. No nation could absorb all refugees from any stimulus, e.g., war, famine, abuse, violence, whatever. Whether any other nation chooses to control immigration is their business. My country must control immigration, i.e., entry into this country’s territory in any form. We desperately need comprehensive immigration reform—defense in depth—to include provisions for adaptation as the entry conditions change.

. . . Round two:

“The designation of organizations (real or imagined) as ‘terrorists’ is a tool of the MAGAts and law enforcement. In the case of Tren de Aragua (TdA), Wikipedia says they are an ‘international criminal organization.’ ‘Criminal’ isn’t the same as ‘terrorist’ and I don’t see a connection to any attempt at government. 

“The extension of the Alien Enemies Act of 1798 clearly misuses the law, but the omission of due process horrifies me.

“The United States hasn’t attempted to take in all refugees, nor has anyone else. I’m sorry if you don’t want to participate with the rest of the world in solving international issues, but all of us are stuck on the one planet.”

. . . my response to round two:

Given the politically induced faux pas of previous IC leadership, we have every reason to distrust contemporary information being delivered from the current IC leadership. TdA is not simply a criminal organization, according to evidence presented to Judge Haines. We should be suspicious.

They are two separate but related issues. Judge Haines analysis of USG information regarding TdA is one thing. The paucity of due process of law is all together another thing. Haines at least slowed things down to allow detainees their habeas corpus petitions under due process. Her ruling moved us in the proper direction, but not yet far enough.

No, we haven’t. My point was refugees must be vetted in the same manner as asylum seekers. We should not accept refugees simply because they are refugees. Just a little FYI: please do not make such large assumptions; they are often incorrect and inappropriate.

. . . Round three:

“A story came through my feed this morning about Tulsi Gabbard (Director of National Intelligence) and another official suppressing a report finding that Tren de Aragua isn’t connected to the Venezuelan government. I believe that easily.

“I agree that due process of law is vital to democracy.

“When you use absolutes, your argument fails most of the time. Which “large assumptions” do you refer to? There’s no other way to read your comment. We should indeed vet asylum seekers to the best of our ability, but that has little to do with current events.”

. . . my response to round three:

I sure hope Judge Haines does not learn of the Gabbard action; that information is in direct contravention from the evidence the USG presented in her court. I was careful to note the source of my statement was evidence presented to Judge Haines in court. I would not be surprised if your news feed source was spot on correct. This kerfuffle is virtually identical to the Iraqi WMD false testimony two decades ago.

You betcha it is. It is as vital as freedom of speech, freedom of the Press, and all the other rights we enjoy as citizens. That is why I claim the due process violations are far more threatening than anything else in this debacle.

That was quite the twist. ‘Nuf said. OK, what has to do with current events?

 . . . Round four:

“The current events we’ve been discussing are the various attempts to close the border and the failure to screen people we’re deporting. No change to screening asylum-seekers has been discussed in years, as far as I know. (Also, as far as I know, natural disasters, invading armies, etc., don’t hand out papers.)”

. . . my response to round four:

The entry screening process is a necessary and important first step. However, in my defense in depth proposal, anyone who enters this country as a visitor, tourist, businessperson, refugee, asylum-seeker, or temporary laborer must be monitored, tracked, and periodically assessed  to ensure they are complying with any associated restrictions. For those who seek citizenship, they must demonstrate productivity and assimilation. We are a very long way from such a necessary system. No body should be allowed to bum-rush the border.

. . . round five:

“For me to support that much monitoring, you'd have to show a need that nobody's produced actual quantitative data to support.”

 . . . my response to round five:

Just an FYI: I lived and worked under similar monitoring in both England and Italy (two separate periods). I found the monitoring reassuring. I complied with the rules, and I had no problems whatsoever. All it is, remains a means to ensure compliance with restrictions as a quest worker in their countries.

I have no idea how anyone would generate such compliance data, since we have no post-entry monitoring. We have been “all in” at the border for many decades.

We desperately need a “guest worker program” that allows entry of manual labor personnel to come & go and work seasonally. Once upon a time, my family owned a vineyard, and we could never hire enough capable workers, which caused the harvest to be extended and spoilage to increase.

. . . Round six:

“It surprises me that nations would spend the money for continual monitoring of all visitors. The World Bank gives the number of tourist visitors for the USA in 2020 as 45,037,000 (https://data.worldbank.org/indicator/st.int.arvl). That’s a lot of tracking, and it doesn’t count other visitors.

“The USA has a guest worker program https://www.cfr.org/backgrounder/us-temporary-foreign-worker-visa-programs.”

 . . . my response to round six:

I do not doubt the number of visitors; yes, a large number. However, something like 3+% overstay their visas. That is not a trivial number either.

For argument’s sake, let us say no tracking allowed. Then, what do we do? How are we to control our immigration process without tracking? In my thinking, tracking should apply to anyone who is not a citizen. I was subject to tracking in both England and Italy. Local authorities, usually the constabulary, verified my residence and employment status at least annually, if not more often. I am not saying one way or another is correct, but we must do something with respect to non-citizens in this country, legally or illegally.

Yes, we do, and it has never worked, because there is no substance behind the words. It’s like the politicians want to take credit for it, but have no interest in operating it. The reality is, my father could never find enough workers to harvest the crop. Perhaps it was his fault; he just did not try hard enough. Possible, but I don’t think so.

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

 . . . Round seven:

“Annual tracking wouldn't burden the visitor but would cost the government. Even 6-month tracking wouldn't do much to prevent a person who planned to overstay their visa from disappearing.

“What we can expect is that agriculture and other industries will insist on using people who work for less than minimum wage in unsafe environments, whether they're foreigners, children, or someone else. Politicians don't like to admit that they shelter those employers.”

. . . my response to round seven:

Tracking is not a singular solution. It is not a panacea. It is only one of what should be multiple layers in a proper immigration control system in depth. Like so many things, it is a deterrent. Other measures will be required to ensure compliance. Yes, in our instance, the federal government would need laws, funding, and procedures to engage local law enforcement in the process. We would have to pay for their monitoring time. Failure to obey the rules must have short-term and long-term consequences, e.g., blatant non-compliance results in a permanent exclusion from entry into this country for any reason.

There are bad men in every walk to life. That is one reason we have laws. Most employers, my father included, are not predatory. They pay the going rate. They do not put employees in dangerous situations. Employers who use predatory practices should be prosecuted and punished. Migrant employees should have a comfortable, protected means to report predatory employers, just as U.S. citizens do. Nothing is perfect, but we do need something to make progress.

 

Another contribution:

“Good day to you both and good luck with your accommodation search. Yes we know the stress involved in moving home, my time in the RAF gave us 23 house moves! Make this the last bud.”

My reply:

Yes, indeedie! All citizens who serve under arms live a rather vagabond life, which has certainly led to my aversion to moving. However, old age has become a greater motivator of resistance. I think Jeanne has finally reached that threshold as well. I have not counted our moves. Perhaps I should. Our count is probably comparable to yours. In contrast, my grandparents lived in the same house for virtually all of their adult years. My parents moved three times. I certainly hope this is the very last move for us. We will do our best to make it the last.

. . . follow-up comment:

“Yes but we accepted both the good and bad while in uniform didn’t we. But now it’s your choice ,make it a good one as I’m certain that you will. 

“We have a late spring with 24 degs drying up the countryside. The current dryness is causing concern especially in the farming aspects. Oh well the local brewery is still producing ale! Bon chance.”

. . . my reply to the follow-up comment:

Yes, indeed, we have. I hope and expect this is our very last move. Now, our task is acquiring a home and getting the household settled. We are moving closer to the objective.

Water always seems to be the issue. Farmers throw the dice every year—too little, too much, we must always adapt.

At least the beer supply is stable for now, thank goodness.

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

Cheers,

Cap                  :-) 

Update no.1218

 Update from the Heartland

No.1218

12.5.25 – 18.5.25

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

 

To all,

 

The follow-up news items:

-- The Court judgments at every level are coming faster than I can absorb. This particular ruling offered an interesting take on the current kerfuffle regarding the administration aggressive immigration enforcement.

On 13.May, another district court judge issued a ruling regarding the president’s use of the Alien Act of 1798(AEA) [PL 5-II-066; 1 Stat. 577; 6.7.1798] in the deportation of immigrants not legally in this country [1213, 1216]. U.S. District Court Judge Stephanie Lou Haines for the Western District of Pennsylvania rendered her judgment in the case of A.S.R v. Trump [USDC PA WD Case 3:25-cv-00113-SLH (2025)]. She provided an interesting and persuasive analysis and evolutionary definition of “predatory incursion,” which is, “a hostile entry into the United States by a cohesive group of individuals, such as a military detachment or a designated Foreign Terrorist Organization, who are united by a common goal of causing significant disruption to public safety—whether that be the safety of persons, property, or pecuniary interests—of those within the United States.” Given her contemporary definition, Judge Haines concluded that the administration use of the AEA to aggressively deport individuals who qualify under the AEA is appropriate. Judge Haines went on to chastise the administration for not giving detainees sufficient notice to allow them to submit a habeas corpuspetition, and as such, she ordered the Executive to give those qualified detainees 21 days’ notice.

I certainly do not dispute the U.S. Government (USG) in its designation of Tren de Aragua (TdA) as a Foreign Terrorist Organization (FTO). The publicly available information amply supports that designation of the group and its members. Secretary of State Rubio designated TdA along with seven other organizations (Mara Salvatrucha [MS13], Cartel de Sinaloa, Cartel de Jalisco Nueva Generación, Carteles Unidos, Cartel del Noreste, Cartel del Golfo, and La Nueva Familia Michoacana as FTOs. Most of these designated groups are Mexican, Central and South American narco-smuggling groups. TdA appears to be unique in the group as an instrument of the Venezuelan government.

The question is whether the USG is correct in judging individuals as members of TdA or any other FTO groups. The question is not and as yet never has been about the constitutionality of AEA, but rather about the Executive Branch’s application of the AEA in this instance or circumstances. We still need desperately a comprehensive, in depth, immigration reform law. The intransigence of the two political parties has made us dramatically more vulnerable. Yet, like most matters of criminal law, we must avoid punishing innocent individuals, thus our requirement for due process of law. Part of the problem we face in immigration law is the extraordinarily thin, incomplete, and inadequate body of existing law. This must change.

On the positive side, through all of these various court judgments, I am learning more and more about immigration law.

 

For those who may be interested, Jeanne and I are making progress in our quest of finding a worthy parking spot to sink roots, but we are not quite there yet. The search continues.

 

Comments and contributions from Update no.1217:

“Cap, good day. My, that took a lot of reading. Did I sense that you have or had an illness? Also you’re back in Kansas now? Best wishes to Jeanne. We’re trying down slow our lives a little without a great deal of success I might add. It must happen, after all we are both of a certain age.”

My reply:

Chronic old age, I’m afraid. I have been dealing with several afflictions, and so far, so good. With the assistance of doctors, we are staying ahead of any symptoms or side effects. I am sore and banged up from the move, but we arrived safely and are currently trying to locate and acquire an acceptable dwelling. No joy, as yet. Yes, we are safely back in Kansas and staying with our daughter for the time being. We are trying to slow down as well, and also without much success. Yes, we are both of a certain age. I know I cannot do things I used to do easily. Fortunately, for me, writing is a rather sedentary endeavor.

 

Comment to the Blog:

“It looks as if Pope Leo XIV is likely to follow the social/political path of Pope Francis, which is a good thing.

“India and Pakistan continue at odds, but at least they’re not committing genocide.

“I heartily agree with your other commenter about the two-party system and with you about Citizens United.

“I also would like to see you name the current main character of this blog, not because I agree with your second other commenter but because “he who must not be named” means a villain other characters fear greatly in many writings, not only the Harry Potter stories. The hero invariably comes along and names him. In this case, I give him unflattering nicknames because that works for my psyche.

“I wish you well in Kansas."

My response to the Blog:

That is my take of Leo XIV as well. From the initial indications, I have high hopes for the tenure of the new pope that may last 10-20 years.

Thank goodness for small favors, huh. We can hope the latest spate of violence was just a flash in the pan that will quickly die down to a usual simmer.

We are all in agreement on those aspects of American life. The two-party political system is not likely to change anytime soon. We must find a way to make what we have, work for all of us. Waiting for the Supreme Court to correct Citizens United is a long indefinite matter. Enacting a constitutional amendment to fix the inequity of Citizens United is an even more distant prospect.

Thank for your opinion, but your argument is unpersuasive. The man, and I use that descriptor with pronounced revulsion, does not deserve recognition as a member of the human species. Nonetheless, he was duly elected to be our president, and thus he cannot be ignored.

Thx mate. We’re still working daily to find a permanent residence and return to our routine of life as quickly as possible.

 

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

Cheers,

Cap                  :-)

Update no.1217

Update from the Heartland

No.1217

5.5.25 – 11.5.25

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

 

To all,

 

Habemus papam. Cardinal Robert Francis Prevost of Chicago was elected il papam by the sequestered College of Cardinals in La Cappella Sistina on the second day of voting . Upon his election, Cardinal Prevost took his papal name to be Leo XIV. His first words to the assembled ecstatic crowd in St. Peter’s Square were, “La pace sia con voi.” [Peace be with you.] He seems to be taking a path and tone of his immediate predecessor. He is comparatively young at 69 years of age, and we will likely watch and listen to him for years to come.

 

Tensions between India and Pakistan boiled up into violence this week. The exact instigating factor in this latest dust-up is not clear to me, as yet. However, the tensions have existed for centuries and become blatantly obvious since the division of British domination transformed into the creation of the two countries on religious differences—one of the contemporary examples of the destructive potential of religious fervor.

 

Well, mission accomplished! Jeanne and I made it safely in our relocation from Fountain Hills, Arizona, back to Wichita, Kansas. Our decision to make the move at our age was not an easy one nor capriciously arrived at in the process. It is a long story, however, the succinct version is, my side effects from chemotherapy scared the hell out of Jeanne. I must respect that reality.

As noted above, the Update once again returns to the Heartland.

Thank you for respecting our operational security requirements. All is well. I hope to stabilize things and return to my normal routine as swiftly as possible. It has been a long, tortuous journey and recovery will likely be slower than hoped for, but as the physicists like to say, progress by jerks

 

Comments and contributions from Update no.1216:

Comment to the Blog:

“Apparently, the Felon either believes his own bombastic metaphors (‘invasion’ in this case) or believes he can bulldoze judges into playing along. He’s not having a good percentage.

“You can easily verify that immigrants to the USA have a lower crime rate than native-born Americans. Most refugees are just grateful to have reached a safer place. Kilmar Abrego Garcia, for example. I would rather treat the criminals among them as we treat other criminals, versus deporting them knowing they’ll return with freedom of movement. The whole ‘bad hombre’ stereotype comes from fiction.

“The Felon nowadays isn’t interested in competence. He seeks only his perception of loyalty in his hiring. On any given day, his press secretary, Karoline Leavitt, proves that.”

My response to the Blog:

A psychotic individual consumed by paranoia truly believes in the demons surrounding him. Yes, absolutely, he believes he can bulldoze anyone and everyone he wishes or who are not to his liking. The divine right of kings. So far, the Judiciary, unlike the majority is the Legislative Branch, have stood up to him and told him NO. As I continue to read the mounting judicial decisions from the district courts to the Supreme Court, he is not getting away with his attempt at dictatorship.

I agree with your assessment of the current immigration enforcement situation. I must note at his juncture that I emphatically believe we must control our borders. We have desperately need comprehensive immigration reform that our political operatives have resoundingly failed to provide. So we waddle along aimlessly, so too many take advantage of our complacency. I can and will laud the president’s efforts to do so, although I categorically disagree with and condemn the manner in which he is doing it.

I do believe my “bad hombre” usage was in the specific context, not the generic milieu. There are, indeed, bad men coming across our border and who remain in this country doing very bad things (they are a small minority, in my opinion). I do agree with you that those bad men deserve to be treated in accordance with the law. We failed to prevent their entry. However, our efforts should be focused on preventing the entry of any individual who is judged to be “not a productive, contributory person.”

Oh my, yes, Karoline Leavitt’s daily performance is astounding in so many ways. I certainly agree with your assessment and example.

. . . Round two:

“I can see the Felon as obsessively vengeful, whatever the correct psychological term is for that. His niece, Mary Trump, is a psychologist who has written her professional assessment of his condition. We shall see what the future holds.

“I don’t believe in nearly the level of border control that most Americans do. We need to detect smugglers and other criminals, but screening out groups of immigrants has historically been mostly a racist operation, all the way back to the Chinese Exclusion Act.

“According to FBI crime statistics, those ‘bad men’ coming across the border are committing fewer crimes than the ‘bad men’ born here.”

 . . . my response to round two:

Oh my, yes . . . in spades as the Bridge players say. I am not a medical professional, but I would call his “obsessively vengeful” predilection a direct derivative of his massively dominating malignant narcissism. I am confident it will not be a pretty or comfortable future as long as he holds sway over this once grand republic.

Yes, indeed! The Chinese Exclusion Act [PL 47-I-71; 22 Stat. 058; 6.5.1882] was not a high point of U.S. law [424]. It was followed by other similar laws. [No name] has joined the infamous class with his proclamation against TdA, and de facto, vilifying of all Venezuelan immigrants. From my perspective, we bear witness today to a reinvigorated racist mentality from our president on down to the entry level of ICE and Border Patrol. The resurgence of the racist elements within our society began in earnest after 16.6.2015. That said, those racist elements, as I say, have existed since long before the Founding of the republic. They have sprouted up at numerous times in our history, the 1850s & 60s, the 1920s, and today are examples, but they are eventually suppressed and sent back to the shadows.

Just a FYI note to the above paragraph: our history is replete throughout its entirety with violent and criminal racist events. We see some of those events to this very day. [No name], by his basic nature, has tapped into that racist element as part of the MAGA base that sustains him.

Yes, agreed. Yet, there are still “bad men” coming across our border without permission. And, as noted above, [no name] has generalized that fact to stoke his base of political support to extend his malignant narcissism to what I contend are criminal and unconstitutional extremes, Abrego Garcia being a contemporary example.

. . . Round three:

“I’d have to look it up, but I think you landed on Mary Trump’s diagnosis.

“That long history of racism hangs over the Felon’s claims of removing criminals from the USA. The people doing the work are as ignorant as he is, and they don’t know or care who they’re picking up.”

. . . my response to round three:

Well, thank you very much. I see that man’s affliction is very clear terms, and I have done so for decades. The leopard has NOT changed his spots.

Yes, it most emphatically does. He has displayed his personal racist behavior throughout his “adult” lifetime, so him to embrace the racist element in our society, it was a very easy and natural move. That is certainly my view of this disgusting process. To me, it is the exact antithesis of what this nation has stood for across two plus centuries. We have a very long way to go in living up to the ideals of the Founding, made farther by this man’s tenure.

. . . Round four:

“History continues. The Felon isn’t a unique phenomenon; nor are the followers. The remaining questions are how he falls and how much goes down with him.”

. . . my response to round four:

From my perspective, I would say you are spot on correct. How much destruction will follow him? It is of very little solace that I publicly pegged him after he announced his candidacy in 2015. I truly regret being correct about him. Now, we must suffer 3+ more years of this horrific clown show. This too shall pass . . . but, as you say, it is only question of how much collateral damage we must endure. We shall see.

. . . Round five:

“The specifics of the news change daily; the overall trends continue.

“Given the worldwide opposition to the Felon and the incompetence of his minions, I still don’t expect him to finish his term. We’d do well to consider how to contain JD Vance and other potential successors.”

 . . . my response to round five:

Agreed. We watch, listen, and pay attention to national and world events.

[No name] is striving mightily to isolate the United States from the rest of the world. It is still not clear to me . . . why? I have never understood the Republican penchant for isolationism, but it is what it is and has been that way for more than a century. It is not likely to change with the current administration. I suppose the primary question remains, are they irreparably destroying our alliances and relationships with other nations?

Whether the Felon finishes his second term is an interesting contemplative exercise, but one neither of us controls. The one thing I can say is, sooner the better. He has never been and still is not a good man. Far more destruction than any good he may do.

 . . . Round six:

“The root word of ‘conservative’ is ‘conserve.’ About all the MAGAts have in common with traditional conservatives is that all of them want to hold onto what they perceive works in their favor. Hence, they’re afraid to engage with anything that might lead to change.”

. . . my response to round six:

Spot on! I will only add that in the case of the MAGAts, they don’t just want to conserve what they see as theirs by birthright, they want to regress the nation to a time when WASPs controlled everything from federal law to local ordinances about chewing gum and expectorating on the sidewalk.

 

Another contribution:

“Enjoyed the calm tone and esoteric content of 1216 and heartily agreed with all, but the omission of criticism of the USA's two-party system as the fundamental evil enabling our own oligarchs and cowarding our congress is unfortunate. These discussions can get too lengthy, but readers must occasionally be reminded that our Founders , with a few exceptions, simply could not imagine career politicians or corporations having the Rights of people.”

My reply:

Thank you for your generous words.

Oh my, you are oh so correct and spot on. The U.S. Supreme Court unilaterally and fundamentally altered American society, not in a good and positive way as with Brown v. Board of Education [347 U.S. 483 (1954)], when they rendered Citizens United v. Federal Election Commission [558 U.S. 310 (2010)] [424]. Giving money and corporations the semblance of citizenship is so bloody and categorically wrong. But, it is what it is, and we must deal with it. I will further add to your observation, the Founders/Framers had every right not to imagine or acknowledge such things. They were right. The Supreme Court was wrong. Yet, I have faith that one day (perhaps not in my remaining lifetime), the Supreme Court of the day will recognize the error of its foolish decision in Citizens United and correct the mistake, as it eventually did after the atrocious Dred Scott v. Sandford [60 U.S. {19 How.} 393 (1856)] [322] and the hugely disappointing Plessy v. Ferguson [163 U.S. 537 (1896)] decisions. There is always hope until there isn’t.

 

A different contribution:

“I am forwarding to my Group your latest Update of yesterday. However, I will still assert you are being an adolescent in your style, of not naming Donald J. Trump as our President of the United States of America. However, you did mention "Trump" in your opinion piece, so at least that is OK, though maybe your edits did not catch that one. Sadly, your infection of TDS, is severe in this case, and I can prescribe some good multi-vitamins for such an affliction.”

My response:

I shall quietly and reluctantly accept your epithet without rebuttal. TDS . . . perhaps so. Such is life. Please allow me a brief explanation.

I have been an outspoken critic of that man well before 16.June.2015. I have seen him for what he is long before he chose to take his con into the political realm and the governance of this nation. Yet, if you go back to Update no.788[16.1.17 – 22.1.17], you will note that I acknowledged his full name when he was inaugurated the first time. I tolerated his grotesque, absolutely unacceptable, and infamous “shoot somebody” public statement [23.1.2016]; after all, it was a heated political campaign. [What kind of decent human being says such things.] However, he swiftly and demonstratably disrespected the Office of the President of the United States of America—our office, not his. As you wander through the ensuing weeks, months, and years of the Update (in various forms), you will note the steady erosion of whatever respect I had for the man until he reached the limit of my threshold of toleration. I watched, listened, and studied his direct incitement to insurrection [6.1.2021] like I was reliving the horror of 11.9.2001 all over again.

That man is a con-man, a huckster, an immoral man devoid of conscience, remorse, or humility. He has long ago forfeited any recognition as a decent human being that he might have once deserved.

Now, that said, as I so often quote Dennis Miller, “That’s just my opinion, but I could be wrong.” I have sufficient humility [in direct and stark contrast to that man] to recognize and acknowledge that I am not perfect. I am not always right; I could be wrong in this instance (but at present, I don’t think so). I am a deeply flawed man who acknowledges my foibles.

You and 77M other American citizens elected him to be president again, despite his incitement of insurrection, his conviction for multiple felonious crimes, and especially for his malignant narcissism that so relentlessly drives his misbehavior. My refusal to acknowledge him with a proper name is a direct reflection of the nauseating disgust I feel watching him bilk, fool, and twist my friends. I sincerely believe he is trying mightily to destroy this once grand republic that has sustained us for a quarter of a millennia, and he is doing so for one reason and one reason only—his self-aggrandizement.

With that, my friend, as I noted at the outset, I shall gracefully accept your epithet for me . . . although I shall not repeat it or use it. For, at the end of the day, you are entitled to believe what you wish for whatever reason(s) you wish (as am I). However, I have no intention of sitting by idly watching that con-man deceive my family, my friends, and my countrymen (spoken in the generic context of mankind). He has apparently fooled you (and so many others), but he has not fooled me. I can promise to continue my bold public pronouncement, “The emperor has no clothes.”

 

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

Cheers,

Cap                  :-)

Update no.1216

 Update from the Sunland

No.1216

28.4.25 – 4.5.25

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

 

To all,

 

The follow-up news items:

-- U.S. District Judge Fernando Rodriguez, Jr., [FYI: appointed by Trump] issued his decision in the case of J.A.V. v. Trump [USDC TXSD Brownsville Division Case no 1:25-cv-00072 (2025)], a challenge to the government’s use of Alien Enemies Act of 1798 (AEA) [PL 5-II-066; 1 Stat. 577; 6.7.1798] [1213] in the deportation of three Venezuelan national immigrations seeking asylum in this country. Pursuant to Executive Proclamation 10903 of March 15, 2025, titled: Invocation of the Alien Enemies Act Regarding the Invasion of The United States by Tren De Aragua, the U.S. Government (USG) proceeded to expel, deport, and incarcerate individual its designated as TdA members illegally in this country.

The judge utilized a considerable portion of his 36-page ruling to examine the government’s use of the AEA in this case. Unfortunately, Judge Rodriquez chose not to render any broader judgment regarding the constitutionality of the USG’s use of the AEA without a declaration of war—a judgment for another day. Judge Rodriquez’s decision permanently prohibits the USG from using the AEA and Executive Proclamation 10903 against the named individuals and the associated protected class.

I am convinced that some individuals who have illegally entered the United States over the years are true bad hombres. I would not be surprised if Maduro’s Venezuela has convinced the TdA to leave the country or die. The same may well be true for MS13 members from El Salvador. Those bad men may well have been encouraged and enticed to leave their native country and go to the United States to carry out their criminal activity. The problem we have is sorting out the bad men from the good, honest, productive individuals who are here only seeking sanctuary from the oppression they experienced in their native land. TdA, MS13, et al, are truly “alien enemies,” but that does NOT mean all individuals from Venezuela, El Salvador, et al, are bad people who should be deported and incarcerated at CECOT or other prison or detention centers. There is no question, debate, or discussion regarding the fact that TdA, MS13, and others are harmful to the citizens and property of the United States of America. They are bona fide bad men. We do not want them in this country in any form. Yet, such resistance does not mean that we must suspend the U.S. Constitution and “due process of law” to expel those bad men, because, to do so, would likely mean that innocent individuals could be caught up erroneously in any expulsion action by the U.S. Government.

This conundrum of status is one of many reasons we have “due process of law,” to ensure that any persons subject to the action of the U.S. Government does, in fact, qualify for the imposition of such action. We must sort out the wheat from the chaff. The current regime is emphatically not doing that sorting process. They are unilaterally declaring all are the same and using the scythe of the Instruments of State to carry out their actions in total disregard of the due process provisions of the U.S. Constitution.

While this district court decision is confined to the individual petitioners and the associated protected class, I imagine the USG will appeal the case, anticipating a more favorable judicial pronouncement. I expect the higher courts will affirm Judge Rodriquez’s analysis and decision, but that definitely not a certainty in today’s world. The issue before us has never been whether bad men in this country without permission should be expelled from this country. To that end, I am supportive of the president’s aggressive actions against those bad men. Where I get crosswise with the president’s actions is ‘how’ he is doing this rather than ‘what’ he is doing. This whole kerfuffle has been about “due process of law,” to protect innocent individuals from being caught up in the USG’s zealous immigration operations.

 

As an interesting observation, the chaos, turmoil, and controversy of [no name]’s second administration is markedly different from his first administration. In his first administration, he tried to surround himself with competent professionals (for the most part), who tried to do the correct things needed in a federal government, but their loyalty to the Constitution eventually got in the way. The personnel turnover in the first administration had been extraordinarily high and unheard of in our history. Lincoln and Roosevelt famously chose rivals to serve, and despite their political differences, they rose to the occasion for the Republic’s benefit. Not so with this clown show. While the personnel turnover is noticeably lower in the second administration, the competence of the nominees and now federal officers is substantially below those of the first administration—not entirely but for the most part.

[No name] decided to “promote” his national security advisor Michael George Glen ‘Mike’ Waltz of Florida to be U.S. ambassador to the UN, after his first nominee was withdrawn ostensibly over concerns for the MAGAts’ very thin majority in the House of Representatives. Waltz’s deputy, Alex Nelson Wong, was not so lucky; he got canned without a “promotion”; (perhaps Wong was not loyal enough). All of this comes in the aftermath of the Signal chat kerfuffle, although they claim that Waltz’s “promotion” has nothing to do with the protection of classified material debacle that was the Signal chat fiasco.

 

Comments and contributions from Update no.1215:

Comment to the Blog:

“Negotiating with fascists doesn’t work. Neville Chamberlain proved that (again). CBS needs either dismissal with prejudice or trial of fact and law.

“I’ll respect your project, but I’d like to offer as food for thought the Canadian elections. Whether or not the Felon realizes it, Canadian attitudes toward the USA matter a lot.”

My response to the Blog:

Quite so. Feeding the bear does not lessen the bear’s appetite; it only encourages it.

I am with you on encouraging CBS to stand up to the bully. That man must be exposed for the fraud he is. If they settle, they are diminishing our freedom and rights. We can only hope CBS stands strong, and the Owen resignation was just a blip, but it is a foreboding sign.

Yes, exactly. Canada has been a staunch ally for many decades, and [no name] is going out of his way to alienate a friend and ally. I wish I could publicly speak to all our allies. What [no name] is doing is NOT the United States. I will argue that he is the antithesis of the United States. We are much better than what he is doing. Yes, the attitudes of Canadians (and many other allies) matter a whole lot. [No name] is taking absolute isolationism to an extreme so far beyond anything we have seen in history.

. . . Round two:

“People are standing up to the Administration. The resignation at CBS and Scott Pelley’s on-air explanation are part of that.

“Mark Carney’s big win in the Canadian election represents the international response, which will continue to be harsh. The only prominent players cooperating with the Felon are Israel and Russia, which favors Epstein Island as an explanation for the Felon’s behaviors.”

 . . . my response to round two:

Yes, people are standing up to the administration, which raises the importance of the midterms next year. Wouldn’t it be magnificent if we had a substantial majority in the House, and a 3/5+ majority in the Senate. There is always hope until there isn’t.

Yes, it does . . . in a very demonstrable way. Oh, there are many indicators of the Felon’s malfeasance.

You know, if we could just reach the Russia people, I believe we would find a very common and supportive population. Unfortunately, the ultra-conservatives control the government, and they are using many of the tools of State to suppress any slight dissent, kinda like [no name] is attempting in this country.

 . . . Round three:

“The Congressional Republicans have slim majorities. Ordinary turnover could end that before the midterms.

“History and experience convince me that most people are benevolent, but ‘leaders’ often aren’t. I suspect there’s much dissent specifically in Russia and probably in most repressive countries. It’s a shame Voice of America has been shut down.”

 . . . my response to round three:

We can always hope. I shall do my part when called upon.

Oh my, you are spot on correct. That is my observation as well.

From my observation, I believe you are correct. The dissent in Russia is the majority. However, the Soviet-style security apparatus in Russia has been very effective at suppressing dissent. How many Russian oligarchs have we seen tossed out of windows?

. . . Round four:

“The dissent I referred to in Russia isn’t the oligarchs. They’re co-conspirators the tyrant turned on. Real, ordinary people very likely dissent and will take action when the opportunity comes.”

. . . my response to round four:

I fully understand and agree. Perhaps normal folks like you and me in Russia are getting tossed out of windows as well, but I think it is just the dissenting oligarchs to make a clear statement to the populace. Yes, they are co-conspirators (and enablers) that Putin and his ultra-right-wing supporters turned on. History says your observation is correct. I am reminded of the salient phrase in the Declaration that “. . . mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed.” The Russians have a long, demonstrable history of suffering, but then again, they have also arisen and acted on several occasions. There is always hope.

 

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

Cheers,

Cap                  :-)