11 August 2008

Update no.347

Update from the Heartland
No.347
5.8.08 – 10.8.08
Blog version: http://heartlandupdate.blogspot.com/

To all who sent their condolences, flowers, or contributions to the Sedgwick County Zoo in my Mother’s memory, as well as those who offered prayers or just kind thoughts, thank you all very much for your compassion and sympathy. My Mother’s memory and our family are honored. For those so inclinded:
Sedgwick County Zoo
5555 Zoo Boulevard
Wichita, Kansas 67212 USA
http://www.scz.org/

Another little disgusting update . . . the labor strike against Hawker Beechcraft Corporation continues. Now, we have to display in our automobile front window, a large pink sign that says “I wish to enter.” Can you imagine?

The follow-up news items:
-- Now, we learn that the Department of Homeland Security issued policy authorization for personal laptop computers to be ceased at border entry sites for suspicious or designated ‘watch’ individuals without a warrant or even criminal probable cause. What is worse . . . extracted files can be shared with other government agencies and used for other purposes including intelligence and/or criminal prosecution. I have been a vociferous advocate for the Federal government’s intelligence collection capacity during the War on Islamic Fascism. This has gone too far! We cannot use wartime intelligence collection for political repression or criminal prosecution. Mixing the two intelligence activities in wartime with violations of our constitutional rights does grave damage to our Liberty and will ultimately harm our warfighting ability.
-- Late Tuesday evening, 5.August.2008, José Ernesto Medell¿n paid for his heinous crimes. Medell¿n was the principal in the U.S. Supreme Court’s Medell¿n v. Texas [552 U.S. ___ (2008); no. 06-984] ruling [329] and the extraordinary World Court order to stay his execution by the State of Texas [345].
-- In the first trial by military tribunal during the War on Islamic Fascism, Salim Ahmed Hamdan was convicted of providing material support to the enemy. Hamdan was the principal in the U.S. Supreme Court’s Hamdan v. Rumsfeld [548 U.S. 557 (2006)] [No. 05-184] [238] and the instigator of the congressional authority for these tribunals -- Military Commissions Act of 2006 [PL 109-366] [251, 254]. Hamdan was sentenced to only 66 months for his actions, which means he will be released to return to the enemy’s fight in 5 ½ years or less. Hamdan will be set free about the same time as the American traitor John Walker Lindh [16].

I resisted commenting on the National Inquirer exposé on the extramarital affairs of former Vice Presidential candidate and Senator Johnny Reid ‘John’ Edwards of North Carolina. On Friday, John acknowledged that he lied to the Press (and public) about his affair with Rielle Hunter (AKA Lisa Druck). When will they ever learn? I was prepared to condemn the National Inquirer for intruding upon the private life of a citizen, regardless of who he is. What anyone does in private is between him and his spouse, and not a proper public or State interest. That said, what attracts condemnation is knowingly making false statements. Once again, the Press has drawn us into the gutter and bedroom of a citizen. Why do we allow these grotesque violations of private lives? Could it be that far too many of our fellow citizens suck up these salacious and distinctly prurient intrusions into the private affairs of famous or celebrity citizens because of their own repressed or extinguished sex lives? We should all be outraged at this obscene violation.

This week 63 years ago, two U.S. Army Air Corps aircrews released a single, large, special weapon each over Japan and saved millions of lives on both sides in the process. Thank goodness, Franklin Roosevelt had the foresight to create the Manhattan Project, and Harry Truman had the courage to sign the order. Another little interesting fact from that time and so often overlooked by those who think ill of the United States: in 1945, we had the only undamaged industrial capacity in the world; we were the sole possessors of the most powerful weapons known to man as well as the delivery means anywhere in the world; we had arguably the most powerful military force ever assembled in the history of mankind. Did we use that undisputed power to dominate the World, to impose our will on all other peoples? Nope! We disbanded the preponderance of our military might, helped our friends and former adversaries alike to regain a prosperous, peaceful footing. And, our success is measured by the strength of our former enemies: Japan, Germany and Italy. Our allies: Great Britain, Canada, Australia, New Zealand, France are all beacons of democracy, freedom and prosperity. If we had intended to dominate the World, why didn’t we do it? We could easily reduce the Middle East to a parking with oil hydrants, but instead, we expend enormous blood and treasure in an effort to bring peace to the region.

After Boumediene v. Bush [553 U.S. ___ (2008); no. 06-1195] [340] and the near constant stream of wartime habeas corpus rulings along with the conviction of Salim Ahmed Hamdan in the first war tribunal, I decided to go back and read a pivotal precursor decision – Hamdi v. Rumsfeld [542 U.S. 507 (2004); no. 03-6696]. Hamdi is one of the few times I disagreed with Justice O’Connor’s judicial logic and rationale. She argues that if an American citizen is captured by an Ally on the battlefield and rendered to U.S. custody, the government must present sufficient evidence of his enemy combatant status to continue his detention. Yaser Esam Hamdi was an American citizen, born in Louisiana in 1980, who was captured by the Northern Alliance on the battlefield in Afghanistan in late 2001, bearing arms for the enemy, and held as an enemy combatant by the U.S. military. After the Supremes’ ruling on 28.June.2004, Hamdi was released and deported to Saudi Arabia on 9.October.2004. I feel better already. I will not bore everyone with more judicial reviews, however I do have one central question. If a foreign force invaded the United States, in say Florida, and we were in armed conflict on our territory, would captured battlefield combatants obviously held on U.S. territory have the right to a writ of habeas corpus? According to the majority in Hamdi and Boumediene, the answer is yes . . . unless Congress formally suspends or constrains the Great Writ, which carries different risks for loyal citizens, and especially those not to the government’s liking. I truly appreciate and laud the Court’s efforts to protect our precious rights and freedom. The elected branches have not helped the Court define the legal conditions associated with executing the War on Islamic Fascism, so it is quite difficult to admonish the Court for its failure to comprehend the societal challenges presented by our enemies in this War. Hamdi was not helpful to that end.

Comments and contributions from Update no.346:
[The comments from this week were understandably personal and not of general interest.]
One contribution did have broader interest as will be apparent soon.
“I am very sad that your mother died. Hard to say much more since I never knew her. But I do know something about the effects felt by others in the family when the health problems of one of them never get any really better, but slowly, agonizingly, relentlessly only get worse. Until the end. Then I have found that feelings of both guilt and relief--At The Same Time, come over the family member who was most charged with doing whatever could be done, often over several or even many years, for the now lost loved one. Yes, guilt feelings, though unwarranted, and Known to be unwarranted, but still there, because one needed to become the parent, in this case, yet there was virtually no way to be the care-giver for the one who had been Your caregiver when you were young. In MY case I ached through my whole body, mind, and soul, as I failingly tried to be the ‘Daddy’ for MY Dad, as well as he had been the Daddy for me. It was something neither I nor anyone else could do well in the beginning, and near the end, not at all. When my Dad finally did die after almost 6 years in a nursing home, and about 3 years of home care, I cried. But my crying was as much relief that he was no longer suffering and that I too did not have to suffer longer, followed almost instantly by guilt because of the relief I felt for myself, An almost literally Crushing guilt for not having been able to do what I knew was my place to do, even though I also knew all along that it was an impossible task.”

My very best wishes to all. Take care of yourselves and each other.
Cheers,
Cap :-)

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