08 December 2008

Update no.364

Update from the Heartland
No.364
1.12.08 – 7.12.08
Blog version: http://heartlandupdate.blogspot.com/
To all,
Well, it was another sad day for our brethren from the “Hilton on the Hudson.”
Navy, 34 – Army, 0
Now, I am beginning to feel remorseful for my cousins, Greg & Sandy, both proud West Pointers, who must endure another year of defeat – seven (7) in a row. Sorry guys . . . good luck next year. Well, not really . . .
Go Navy, Beat Army!
A day after the lopsided football victory, we remember that particular Day of Infamy, 67 years ago.
May God bless all those who have given their last full measure for our freedom, as well as all those who have served and continue to protect this Grand Republic.
Semper Fidelis.

The follow-up news items:
-- Only one of the Islamo-fascist terrorists that attacked Mumbai [363] survived – 21-year-old, Kashmiri-born, Azam Amir Kasav, AKA Ajmal Kasab, Ajmal Kamal. Kasav and the cell leader were assigned the city railway station as their killing ground. Kasav was captured alive with minor injuries, and will now enjoy the hospitality of the Indian government as well as the opportunity to chat with lots of folks.
-- Linkages are beginning to clarify in the aftermath of the Mumbai attacks [363] that point toward two, Pakistan-based, Kashmiri separatist, terrorist groups – Lashkar-e-Taiba and Jaish-e-Muhammad. The groups were created decades ago by the ISI as unconventional warfare units in the long-standing conflict over Kashmir between Pakistan and India.
-- Various Press reports with sources reportedly inside the Indian security services and involved with the interrogation of Azam Kasav [363] identified two Lashkar operatives -- Zaki-ur-Rehman Lakhvi, operations chief, and Yusuf Muzammil, a senior leader. Additional interest has been focused on Faheem Ansari – an Indian national, a Lashkar operative and already incarcerated in India.
-- The U.S. Treasury Department froze assets connected with Lashkar-e-Taiba and added the leaders of the terrorist group to the international terrorist watch list – Muhammad Saeed, Lashkar’s leader; Haji Muhammad Ashraf, its finance chief; and Mahmoud Mohammad Ahmed Bahaziq, a financier of the group.
[NOTE: Question: How many terrorist attacks have we witnessed with Hindus killing people in Pakistan? Answer: zero (0). Is it any wonder the Indians are rightfully angry that Islamo-fascist terrorist repeatedly operating from Pakistan continue to kill innocent domestic and international citizens in India? The government of Pakistan may or may not be directly involved, but they are certainly culpable in their inability to squash the various terrorist groups operating from Pakistan. The looming confrontation between India and Pakistan will not be pretty; but, there may be a silver-lining . . . finally focusing World attention and resources on Islamo-fascists within Pakistan. We must remember that connecting the now illegal, rogue, terrorist groups to the Pakistani government and people is comparable to connecting the Mafia to the Italian government.]
-- The Justice Department investigation into the firing of nine (9) U.S. attorneys [268] appears to be focusing and intensifying as the Federal prosecutor issued subpoenas seeking related information. While the precipitating action at the end of 2006 stank of political retribution, I suspect building a felonious criminal case will not be so easy, but the investigation is essential.
-- Wonder of wonders. Representative William Jennings Jefferson. AKA ‘Dollar Bill’ Jefferson. of Louisiana [233, et al] was finally defeated in a runoff election Saturday, and now will stand trial, supposedly early next year, on corruption charges. He was defeated by Vietnamese immigrant Anh ‘Joseph’ Quang Cao, a refreshing feat in itself. At least Jefferson will not have his House seat when he stands before the bar and a jury of his peers.

Senator Clarence Saxby Chambliss of Georgia won his runoff election on Tuesday, thus removing the potential of a Democratic Party, 60-seat, filibuster-proof majority in the Senate. As even the casual observer can ascertain from the musings of this humble journal, I have not been impressed by the performance of either major political party. The possibility of any party gaining unfettered control of instruments of State is not particularly comforting, no matter how I cut it. So, congratulations to Senator Chambliss.

An interesting counterpoint on the California Prop H8 issue that is worthy of your attention:
http://www.funnyordie.com/videos/cca5e8a78a

A contributor provided this link to an interesting mainstream Press survey.
“A Gay Marriage Surge – Public support grows, according to the new NEWSWEEK Poll”
by Arian Campo-Flores
Newsweek Web Exclusive
Published: Dec 5, 2008
http://www.newsweek.com/id/172399

This week, it was the national security nominations for the Obama administration:
Hillary Diane Rodham Clinton -- State
Robert Michael ‘Bob’ Gates – Defense (current)
Janet Napolitano – Homeland Security
Eric Himpton Holder, Jr. – Attorney General / Justice
James Logan ‘Jim’ Jones, Jr. – National Security Adviser
Susan Elizabeth Rice – Ambassador to the UN
William Blaine ‘Bill’ Richardson III – Commerce
Eric Ken Shinseki – Veterans Affairs

I try to offer a spectrum of opinion on a wide variety of topics. The Mumbai attack and the on-going War on Islamic Fascism took center stage for the last two weeks. A contributor pointed me to this essay:
“Confronting the Terrorist Within”
by Chris Hedges
truthdig.com
Posted on Dec 1, 2008
http://www.truthdig.com/report/item/20081201_confronting_the_terrorist_within/
I do not agree with Hedges’ opinion, but he does make some important points that deserve contemplation and debate. If you are so inclined, please offer your opinion.

For the paucity of news from the economic front last week, we certainly did get a belly full this week.
-- The National Bureau of Economic Research, a panel of academic economists, decided that the U.S. economy entered recession in December 2007 – not that it gives us any comfort. They also reported the end of the expansion that began in November 2001 – 73 months.
-- Federal Reserve Chairman Ben Bernanke said further interest-rate cuts are “certainly feasible,” but there are limits to how much federal funds rate cuts can accomplish. He also said the Fed has other tools to be used.
-- If we can believe Press reports, Ford Motor Company is probably not in as bad of financial shape as the other two Big 3 automakers. Ford declared they are retooling for smaller, more fuel efficient cars. Unfortunately, the essential question is, was it too late?
-- General Electric announced their financials as well as an on-going restructuring evaluation that includes GE Capital, which has to be a serious drain on the conglomerate giant.
-- The Big 3 automakers presented their recovery plans to Congress in hopes of gaining access to the Federal treasury trough. They seek US$34B, with General Motors asking for US$18B of that total. Congress did not take the bait. Negotiations began to find a solution. I suspect the American auto industry is trying desperately to avoid reality.
-- California Governor Arnold Alois Schwarzenegger declared a fiscal emergency as he acknowledged a US$11B state budget deficit and the potential for a US$28B deficit in less than 2 years. The ‘Governator’ joined other governors in asking for quick release of Federal infrastructure funds to inject into states and release construction funds the states can use for other essential services.
-- The Federal Reserve’s ‘Beige Book’ survey of economic activity indicates nationwide weakening, which adds validation to the National Bureau of Economic Research report.
-- Telecommunication leviathan AT&T announced its intention to reduce the work force by 12,000 jobs (4%) as well as associated severance-related charges and reductions in capital spending.
-- The European Central Bank cut its benchmark rate by 0.75 points to 2.5%. The Bank of England reduced its rate by one full point to 2% – the lowest level since October 1939, and the rate has never been lower since the central bank was founded in 1694. Sweden's central bank cut its key interest rate by a record 1.75 points to 2%, while New Zealand and Indonesia also cut their benchmark rates. These statistics alone illuminate the seriousness of the economic crisis.
-- Retailers report double-digit decreases in sales, despite better than expected ‘Black Friday’ holiday sales figures.
-- The Department of Labor posted better than half a million, non-farm, job losses for November alone. When viewed on a monthly, annual time scale, we see a steady decline since December of last year, with a precipitous drop in September. We must look for this tend to turn to the positive.
-- At the end of this busy week, the Press reports that Chrysler has retained the prominent, bankruptcy, law firm Jones Day . . . probably indicative of what is to come.
-- Now we hear the Tribune Company – owner of the Chicago Tribune and the Los Angeles Times, among others – is negotiating new debt terms in an effort to avoid bankruptcy. I hope they are successful.

An interesting article, worthy of our cogitation:
“Swiss voters back £14m-a-year health scheme to give addicts free heroin”
by David Charter
The Times [of London]
Published: December 1, 2008
http://www.timesonline.co.uk/tol/life_and_style/health/article5263748.ece?&EMC-Bltn=IMYAX9
According to the Charter article, the Swiss Parliament voted to approve the controversial program in March of this year. Conservatives challenged the legislative vote, forcing the referendum to be placed before the voters, which passed by at 69-31 margin on 30.November. Addicts go to a government-licensed clinic, obtain their controlled dosage, and inject themselves with clean needles under the supervision of registered nurses. According to Swiss government statistics, crime by heroin addicts has decreased by 60% since a more restrictive program was introduced 14 years ago. Interestingly, also according to the article, the Swiss Parliament voted against legalization of private cannabis use by a vote of 106-70, reportedly because of concern about the adverse effects of a drug tourist trade. From the Times article: “Sabine Geissbuhler, of the Parents against Drugs association, said that giving patients heroin was not helping them to give up the drug. ‘It is an outrage that the State should give addicts heroin — it is poison. You do not give people poison to make them better.’” I doubt any of us would argue with Geissbuhler’s statement. The only problem with the statement rests with addict’s motivation. Our righteous indignation, moral condemnation, and legal prohibition will never stop the addict. There are only two events that will break addiction’s consumption of the addict: 1.) he reaches his bottom and commits himself to sobriety, or 2.) death. The Swiss have taken a far more realistic path; we should learn from them. Legalization of psychotropic substance use with regulation is long overdue . . . for elimination of the criminal sub-culture and to recover the freedom we have sacrificed in this foolish, impotent war on drugs.

In Update no.363, I shared my comment to the editors of the Wall Street Journal regarding their editorial opinion . . .
“Gay Marriage and the California Courts – Democracy loses if Prop. 8 is overruled.”
Editorial
Wall Street Journal
Published: 25.November.2008
http://online.wsj.com/article/SB122757137423754669.html?mod=djemEditorialPage
I received this reply:
“Dear Cap (if I may),
“Interesting that you overlook perhaps the greatest of these cases: Dred Scott. And of course Plessy rather makes my point: leaving these decisions to judges is no guarantee of justice.
“I rather like the process that led to the Civil Rights Act. It seems to have worked.
“All the best,”
/S/
. . . to which I replied:
By all means, I prefer the familiar.
My spectrum definition was not intended to be a chronology or an exhaustive listing. We could back to the British Slave Trade Act of 1807 (25.3.1807), if we were so inclined. Dred Scott v. Sandford [60 U.S. 393 (1856)] was certainly not a high point in American jurisprudence. If you wish to use Plessy v. Ferguson [163 U.S. 537 (1896)] as an example like Dred Scott of poor judicial performance or an attempt by the Supreme Court to avoid judicial interference, then I would agree. However, my point was not focused on our governmental processes, but rather the injustice suffered by individual citizens. I am not an advocate for the popular notion of judicial activism; and, like you, I prefer the slow, cumbersome churnings of our republican democracy. What I have considerable difficulty with and objection to is the injustice suffered by a hapless minority at hands of a willful majority and sustained by that very same plodding system. Justice O’Connor struck resonance when she wrote, “A law branding one class of persons as criminal solely based on the State's moral disapproval of that class and the conduct associated with that class runs contrary to the values of the Constitution and the Equal Protection Clause, under any standard of review” – Lawrence v. Texas [539 U.S. 558 (2003)]. While we are not discussing criminal law at the moment, the principle remains valid. California’s Proposition 8 was a popular vote opinion poll; we get it – the majority of Californians (undoubtedly of Americans as well) reject the notion of non-heterosexual marriage, presumably on moral grounds. Yet, is the majority’s “moral disapproval” of non-heterosexual marriage sufficient and proper to deny equal protection under the law to a disenfranchised minority?
In the context with which you refer to the Civil Rights Act of 1964 [PL 88-352], I would agree . . . I ‘rather like the process’ as well. Yet, does our admiration of the process make us feel better about Emmett Louis Till, Central High School in Little Rock, Medgar Wiley Evers, Birmingham, Greensboro, Selma, ad infinitum? When we view the process as a Federalist, we are all grateful for that system of change. When viewed as individual citizen in We, the People, I think you would agree that the injustice inflicted upon our fellow citizens is hardly admirable. I see the Civil Rights Act of 1964 not as a magnificent testament to the legislative process, but as a dreadful embarrassment that it took 100 years and was even necessary, and even then, we still suffer the injustice of racism to this very day. So, I am all for individual citizens harboring whatever views and opinions they wish; what I am not tolerant of is the imposition of those views and opinions upon ALL citizens without a proper, legitimate, and rational, public, State interest to do so. Tradition and precedent are vital principles, and yet they must pale in the light of “equal protection under the law.”
Thank you for your reply and opinion, and for the opportunity to voice my humble opinion. Let the debate continue.
Cheers,
Cap
. . . and this follow-up:
“Amen, brother. The injustices are always real. But we are tearing our society apart by not following the process. I look at a man like Wilberforce, and how almost alone he finally, after many years of working, persuaded Parliament to outlaw slave trade. That's my kind of reformer.
“Thanks again for writing.”
. . . to which I replied:
Perhaps so, but I did not raise my voice against those injustices 50 years ago. I have regretted my blissful ignorance ever since, and I swore an oath to myself never to be so complacent or acquiescent again. A citizen’s fundamental right to privacy is the contemporary constitutional issue of our day. Non-heterosexual civil rights are one important but small element of the larger issue. We, the People, began tacitly accepting the erosion of our privacy 75 years ago (some might argue it began 135 years ago with the Comstock Act of 1873 [PL 43-257]). William Wilberforce was indeed a man to be admired for a myriad of reasons – my kind of reformer as well. However, there are major differences between his day and ours, not least of which is the pervasiveness and reach of the Federal government. I share your concern for the health and well-being of this Grand Republic, however, the most elemental foundation of our Nation is and will remain We, the People. Injustice to one is injustice to us all. The Court was established as a check upon the Legislative and Executive branches and to protect the constitutional rights of every single citizen, not just a willful majority. If the Legislature cannot rectify the injustice, then the Court must.
As Dennis Miller so eloquently said, “That’s just my opinion, but I could be wrong.”
Thank you for listening.
Cheers,
Cap

Comments and contributions from Update no.363:
“I just finished reading ‘The Dark Side’ by Jane Mayer. It deals with the development of he U.S. detention and interrogation policies. It is a pretty grim read, and as an attorney, I can see several people getting disbarred, if not prosecuted. But it does detail the senior USG leadership involvement in the development of the abusive practices. One surprising thing was that former CIA Director Tenet used the Gestapo term "enhanced interrogation techniques"-- that is exactly the term (auf Deutsch, of course) that the geheime Staatspolizei used.
“Also check this article in Sunday's Post by a former military interrogator.
http://www.washingtonpost.com/wp-dyn/content/article/2008/11/28/AR2008112802242.html?hpid=opinionsbox1
“I'm Still Tortured by What I Saw in Iraq”
by Matthew Alexander
Washington Post
Published: Sunday, November 30, 2008; Page B01
“[Alexander] underscores that torture and abuse were actually counterproductive. Below are some excerpts from the article:
“‘I learned in Iraq that the No. 1 reason foreign fighters flocked there to fight were the abuses carried out at Abu Ghraib and Guantanamo. Our policy of torture was directly and swiftly recruiting fighters for al-Qaeda in Iraq.’
‘The large majority of suicide bombings in Iraq are still carried out by these foreigners. They are also involved in most of the attacks on U.S. and coalition forces in Iraq. It's no exaggeration to say that at least half of our losses and casualties in that country have come at the hands of foreigners who joined the fray because of our program of detainee abuse. The number of U.S. soldiers who have died because of our torture policy will never be definitively known, but it is fair to say that it is close to the number of lives lost on Sept. 11, 2001. How anyone can say that torture keeps Americans safe is beyond me -- unless you don't count American soldiers as Americans.’
‘One actually told me, “I thought you would torture me, and when you didn't, I decided that everything I was told about Americans was wrong. That's why I decided to cooperate.’”
My reply:
Interesting, good and valid observations. Harsh means should not be applied to everyone for the reasons cited, and yet, there are hardcore enemy operatives who will not respond to milk & cookies. I want our intelligence and military services to have as big a bag of tools as they need. Further, none of this should have been in the public domain, much like the P.O. Box 1142 unit of World War II did not reach the light of public awareness for 50 years. We shall continue to respectfully disagree and debate this issue.
. . . a follow-up comment:
“Agree that it shouldn't have been in the public domain – nor in the military. If any of this is done, it should be on a case by case basis and out of sight. "It never happened." Having it migrate to the military was a disaster.”
. . . and my follow-up reply:
On this we are in absolute agreement.

A contribution from across the Great Waters:
“Most of us are absorbed with the descending financial calamity with our interest rate down to 1939 levels soon we will be paying the banks to care for our money.
“The ‘Day of Infamy’ will soon be upon us Cap. Our thoughts are with our American cousins who like us have borne the sadness and grief of war for the cause of democracy and freedom. Long may it flourish and God bless your ‘Grand Republic’.”
“I haven’t received any figures for the Poppy Appeal as yet, will pass them on when available.”
My response:
Today is indeed a Day of Infamy . . . a dastardly event 67 years ago. We remember. Thank you so very much for your kinds words of camaraderie and remembrance.
The economic front is rather ominous, and I suspect we have not seen the worst, yet. But, I remain confident that we shall overcome. The only question is, how long will it take? I am encouraged by the unprecedented collaboration and cooperation between World governments as they intervene to soften the severity and shorten the duration of this recession.

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

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