30 March 2009

Update no.380

Update from the Heartland
No.380
23.3.09 – 29.3.09
Blog version: http://heartlandupdate.blogspot.com/
To all,
The follow-up news items:
-- Another interesting opinion on earmarks:
“Earmark Madness”
by Daniel Henninger
Wall Street Journal
Published: March 19, 2009
http://online.wsj.com/article/SB123742181856478765.html#mod=djemEditorialPage
-- Hopefully, as a closing marker on the grotesque Austrian incest case, the German newspaper Der Spiegel coined an appropriate term for Josef Fritzl [334, 379] and his ilk – “kellerinzestmonster” = basement incest monster.
-- It seems this is an Update edition for other opinions:
“The Real AIG Scandal – It’s not the bonuses. It’s that AIG’s counterparties are getting paid back in full”
by Eliot Spitzer [327]
Slate.com
Posted Tuesday, March 17, 2009, at 10:41 AM ET
http://www.slate.com/id/2213942/
The former governor and prosecutor offers his opinion regarding the AIG bonus fiasco in the light of the greater bailout debacle. We, the People, are paying on AIG’s insurance policies to cover the highly risky foolishness of collateralized debt obligations and the credit default swaps [355].
-- According to the Wall Street Journal, American and Pakistani intelligence officials are constructing new target lists for offensive Predator drones [209, et al]. I wonder how this normal and proper warfighting activity sits with the uber-Left?

President Obama held a cyber-space townhall meeting on Thursday, where he took eMail and vidclip questions from citizens – probably not randomly selected. One of the questions that attracted the most Press attention dealt with legalization of marijuana to help stimulate the economy. POTUS laughed off his response as he said, no, he did not think it was a good idea. I can discount his response, as the notion could never be justified as an economic stimulation action, but legalization of the psychotropic substance use is a proper topic for public debate; and, POTUS does have a fair amount on his plate at the moment. I will continue to hope and argue for legalization of drugs for the myriad of reasons I have offered previously. We can huff and puff ‘til we make ourselves blue, but we will never be able to prohibit what is predominantly private conduct. The best we can do is to minimize the collateral damage, and we are a very long way from that mature state.

News from the economic front:
-- The Treasury Department presented a program to use US$75-100B in TARP funds, combined with private capital, to buy up to US$500B in toxic bank assets. The proposal was received well by the market. We shall see how is actually works.
-- According to the National Association of Realtors, existing-home sales rose 5.1% in February, climbing to a 4.72 million annual rate, exceeding expectations. Yet, foreclosures and short sales reflected about 45% of total existing-home sales. As a consequence, the median price for existing homes fell to $165,400 in February, down 15.5% from $195,800 in February 2008.
-- Goldman Sachs is reportedly considering selling part of its 4.9% stake in Industrial & Commercial Bank of China (ICBC) that could raise more than US$1B and could be used to repay some of the US$10B it received from the U.S. government last October. Goldman’s shares in ICBC are valued at about US$7.5B.
-- New York Attorney General Andrew Cuomo indicated that 9 of the top 10 AIG bonus recipients have given back their bonuses. He also said 15 of the top 20 bonus recipients at the disastrous Financial Products Division had given back an estimated US$30M in bonus funds.
-- During opening remarks before his prime-time press conference, President Obama suggested there were “signs of progress” in the economic recovery as a result of the government’s economic stimulus plan, the efforts to stabilize the housing market, and Treasury’s toxic assets program. The President also sounded defiant as he justified his US$3.55T budget request as “inseparable” from the recovery process.
-- The Commerce Department reported new-home sales climbed 4.7% during February to a seasonally adjusted annual rate of 337,000, the first month-to-month increase since last July. The median price of a new home fell to $200,900, from $206,800 in January, down 18% from a year earlier. In another positive sign for the economy, durable-goods orders unexpectedly rose 3.4% during February.
-- The opening shot of the inevitable financial reformation was fired this week. The administration seeks to extend federal oversight of markets for financial derivatives and for previously unregulated financial companies, including large hedge funds and major insurers. The government also would set new uniform standards for all large financial companies, including banks, imposing significant limits on the scope and riskiness of their activities.
-- General Motors’s Chairman And Chief Executive Officer George Richard "Rick" Wagoner, Jr., is expected to resign immediately, just as President Obama prepares to unveil the administration’s rescue plans for the ailing American auto industry. Industry experts expect the administration to demand deeper restructuring from General Motors and Chrysler before they would get any more government loans.

Comments and contributions from Update no.379:
“I have to say that this is the first time I have been truly disappointed with your blog. I don't intend to carry on a long involved discussion with you on this but simply put: Obama seems very good at firing the flames of public outrage, when it suits him - getting on the right side of the tidal wave, so to speak, before it sweeps him away. But as you know, or should know, there is a lot more to the AIG Bonus story than 'bailout' money going to individual bonuses. A lot more to it. More than just ‘keeping talent;’ more than congressmen grandstanding for the cameras; more than contractual commitments and more than Dodd and Geithner knowing full well that it was part of the package, etc. Certainly I agree with you in principle, but defending principle does not excuse putting blinders on to how the real world really works, regardless of how popular it is. You don’t like Rush Limbaugh because you think he is ‘over the top.’ In my opinion, you are doing the same thing by focusing on the outrageous – creating heat, but no light. The only difference is you think your cause is just and his is not – or at least not just enough to justify his hyperbole.
“I don't think I have ever before seen you take the low road on something like this just to further your own (commendable) crusade against corruptions and greed. It’s just not this simple. You and I both know beyond a shadow of a doubt that quick easy answers, particularly when they are popular and espoused by indignant politicians, are almost always wrong. And the fact that you totally ignored Congress’ blatantly unconstitutional, publicity grabbing, blame-deflecting, grand standing, targeted and retroactive 95% tax on the bonuses (you ignoring blatant unconstitutionality!) knowing full well that it has no chance of making it through the court system, well - like I said, disappointed.
“OK, I owe you a free shot. Just an opinion - I do not intend to follow up.”
My response:
Here is my shot. And, I hope you do follow-up; after all, that is the point of this humble forum. Also, I am afraid Update no.379 will not be the last time you will be disappointed in my words. It is the nature of the beast, as they say. Hopefully, we can continue to argue with respect.
To leave the impression I am aligned with “indignant politicians” is an error of the most grievous sort, and a weakness and consequence of trying to keep my opinions short. I am no fan of Congress, of the Executive, and most of the Supreme Court; yet, they are the government we have, and I try to see the good in people.
As I noted, the text of the House bill had not been posted on the Library of Congress website as of Sunday, so I reserved my judgment. I simply noted the House passage as well as the President’s comments. I want the Wall Street bankers to feel just a smidgen of pain and worry the rest of us feel. Personally, I think they are already over-compensated at the base salary, set aside massive bonuses on top of that, IMHO. I have also offered my opinion about bonus compensation.
I am not an expert on economics, financial systems, banking processes, et cetera. Nonetheless, I am not stupid, either. Wall Street bankers did not create this mess, no more than AIG did, but they sure as hell helped it along. Since day one of the banking crisis, I have laid the root cause upon individual citizens like you and me, who thought they could get something for nothing by signing their names to 125% mortgages on homes already inflated 2, 3, 4 times or more over the real value, thinking they would continue to inflate forever. We can also levy an accusatory finger at Congress that enabled mortgage lenders to operate beyond banking regulations, making their contribution to the insanity that became the mortgage crisis, and at Congress that practically brow-beat Fannie Mae & Freddie Mac into participating, to make the illusion of home ownership available to lower & lower income level citizens. [I invite you to return to Update no.358, if you would like to see more of my opinion.] Oh yes, indeedie, there is plenty of blame to go around, but that doesn’t matter a hoot in keeping our citizens employed.
I think President Obama has done a remarkable job, so far, with more than a few mistakes along the way, and I am unwilling to condemn his efforts, just yet. Barack did not create this mess, and he is hardly to blame for the crisis, yet he carries the burden of helping us recover as quickly as possible. We can argue about the wisdom of the Federal government doing anything whatsoever to lessen the severity of the recession, but in this case, as I have written before, action (even the wrong action) is better than inaction. The administration’s efforts are not perfect, but at least they are trying.
BTW, I would like to hear your rationale for claiming Congress’ bonus tax is “unconstitutional.” Another BTW, as I said, I’ve not yet read the bill’s text, so I have no counter-argument of offer at the moment.
I am politically a moderate independent – sometimes conservative, sometimes liberal, sometimes libertarian. I criticize the Left as much as the Right; I think they’re both wrong. And, I most often save my vehemence for anyone with a rigid ideology, who is unwilling to seek compromise and balance. I do not object to Rush per se, just his inflexibility and inability to seek compromise solutions. This Grand Republic was founded to foster debate, argument, negotiation and compromise; rigid ideology of any flavor should be an anathema to be shunned.
. . . round two:
“Concur,
“We probably agree on a great many things, like checks and balances. I’m just not sure the Government is equipped to take on the enormous responsibility that we seem to be headed for. The U.S. Post Office comes to mind. Others would argue that the free market system itself will provide the checks and balances if unfettered by Government meddling. I’m neither willing nor capable of having that discussion with you.
“If you are arguing that a 95% punitive, retroactive tax on a targeted, named, group of individuals is, or may be legal, right or constitutional in the United States of America - well we'll just have to agree to disagree on that one.
“Certainly Capitalism is mean without checks and balances, but we’ve never had a purely capitalistic system. Certainly since FDR it’s been a sliding scale where our leaders and decision makers have been challenged to think of some compromise that works well and ‘feels’ good.
“However, the intersection of the world of ‘feel’ and the world of ‘think’ is a dangerous place for leaders and decision makers. Clausewitz talked extensively about it in terms of passion v. reason. Our own cultural idioms on the subject are plentiful: sometimes you have to ‘go with your gut.’ Sometimes ‘wearing your heart on your sleeve’ is not such a bad thing…sometimes it is. Normal humans are nearly incapable of purely objective, rational decision devoid of all passion or ‘feeling.’ Generally speaking, however, the more important the decision, the more important it is to stay as far to the reason side of the sliding scale as possible. ‘Never spank a child when you are angry.’ ‘What were you thinking?’ ‘Count to ten’…, etc., etc. I don’t think it was anything more than a political ploy, but even President Obama said he didn’t want to make a decision while he was angry.
“I ‘think’ a great many of us, to include some of the very rich, ‘feel’ like there are just some people with too much money in America. And, conversely, some people that are just too poor. Although they targeted the ‘system’ rather than the rich per se, I think this was the basic motivator for Marx and Engels. I doubt that Lenin and Stalin were nearly as altruistic. Mao Tse Tung termed it ‘land reform’ because the audience was rural peasants instead of urban slum workers in China and North Vietnam, but again: same basic motivator; same anti-capitalist thought. Jane Fonda never quite got around to asking how ‘land reform’ actually worked out for the Chinese and Vietnamese. The word ‘gruesome’ comes to mind.
“The point is, all this recent talk about wealth redistribution is not new. It’s been tried before many, many times and has failed (miserably), every time, to improve the lives of either the poor or the rich. So even if we do ‘feel’ like something has to be done about the ‘filthy rich’ in our country, we had better ‘think’ very carefully about what we decide to do about it. Political speeches and mainstream media coverage almost always play to the ‘passion of the people’ as was the case in this Bonus Issue. They have to. Otherwise we’d all be watching C-span and falling asleep. But it’s a dangerous way to make important decisions…or justify them.
“For something I was not going to follow up on, I’ve certainly taken up too much of your time.”
. . . my response to round two:
I am not an advocate for government intervention. In fact, generally, I am quite the opposite . . . I want the government out of our affairs. Yet, that said, government has a beneficial and contributory place within our society. As I have written, the marketplace can most definitely sort out this mess – the strong survive, the broken parish. And, the robber barons will NOT suffer the consequences. There are bad men on the street, just as there are bad men on Wall Street. We need the police on the street and in the marketplace; they have been scarce in the latter domain during the last decade or so.
I have no doubt whatsoever that the marketplace can take care of business. I am unwilling to accept the collateral damage to largely innocent citizens, so the robber barons can enhance their wealth. Conversely, I want people to be wealthy, to enjoy the benefits of their wealth. I want every citizen to aspire to wealth, to be willing to work hard for wealth. Yet, I cannot tolerate the wealthy destroying other lives to acquire or amplify their wealth.
Again, I am not a fan or supporter of Congress levying a punitive tax on anyone. I have also worked in the executive ranks where a healthy chunk of my income was at risk, dependent upon my performance and the performance of my unit. I make no claim to understanding the employment contracts of the AIG executives, or Merrill Lynch executives, or any of the other Wall Street bankers. Perhaps their employment contracts guarantee them massive bonuses for just showing up at the office – who knows. Bonuses are supposed to be for performance. So, I ask you, or anyone else, help us see the stellar performance that warrants a US$10M bonus to an individual who wrote those insurance policies to cover credit default swaps, derivates, and derivatives of derivatives . . . in essence insuring the highly risky gambling with fictitious instruments. To paraphrase a friend, show me the performance! None of my bonuses were “guaranteed;” every dime was at risk and based on predominantly measurable objectives.
Nice analysis of “passion” versus “reason.” Spot on!
I am not one of those who think some folks have too much money. Further, I have no interest whatsoever in taking wealth away from anyone. Yet, to me, anyone who obtains their wealth by destroying the lives of others will be a target for me. That is the essence of my ire.
My moderate, people-views can be easily labeled in communist terms. I try to show compassion and support for my fellow man. Guilty as charged! I do not like to see anyone taking advantage of anyone . . . not in a marriage, not on the school yard, not in business. War is about killing. Business is not. As I have tried to say, I do not want to take wealth from the wealthy. I am not Robin Hood. Likewise, I do not want the wealthy to take from the poor. I am at a loss where I led you to believe I am advocating for “wealth redistribution.” I am truly at a loss. Perhaps, you would be so kind to help me see that advocacy.
. . . round three:
“Well said and I get the feeling now that we’re down to arguing more over semantics than any fundamental difference. I sincerely doubt that we have any basic disagreement - at least on this issue. We just seem to be attacking from different positions. I don't often get the chance (or time) to carry on this type of discussion. It's a very enjoyable exercise.
“I think most military people have the same inner compass that compels us to want to defend those that need help and stop those that want to do harm. But, all of us are communist to some degree. Our basic social unit is communist. What is a family if not 'from each according to his ability; to each according to his need?'
“My apologies if I insinuated that you were for wealth redistribution. That was not my basic disagreement with Update 379. I was strongly disagreeing with your comment about Obama doing such a good job by jumping on the ‘get the rich bastards’ grandstand. Your discussion, uncharacteristically I might add, I found shallow, one-sided and emotional. And I still do.
“Honest men disagree. No big deal
“But you know how it goes in the ‘heat’ of the discussion. We get on a roll and perhaps allow our own emotions (if not our perceived eloquence) drag us a little of topic. Again my apologize for the ‘drift.’
“All in all, though, I enjoyed the discussion very much.”
. . . my response to round three:
A viable democracy demands constructive conflict – the clash of opinions – and, hopefully, a willingness of find stronger solutions through negotiation and compromise. The political environment of our generation has been marked by calcified, parochial ideology and self-aggrandizement. I am eager to see if our children’s generation can overcome the foolishness.
Good & valid point . . . “all of us are communist to some degree.”
I try to keep emotion out of my arguments and rhetoric. Whether I was gushing with emotional praise for the President’s actions will be for others to judge. I choose to give the man credit where I see credit is due. If I am wrong, then so be it. I make no claims to being correct or right . . . only for having an opinion from the trenches.
The beauty of these exchanges with caring citizens, willing to take the time to express their opinions, shines in the diversity of perspective . . . again, a hallmark of a fertile democracy.

A different contribution:
“With respect to your Why?, Why?, Why?, Why?, Why?: Isn't the purported question really a statement of opinion shrouded as a question? It is my long-time observation that not all but rather most questions really are statements of belief. I would respect the questioner much more if they simply would restate the question accordingly. Early in my employment career one of my managers directed that I was, with him, to never bring his attention to what I believed was a PROBLEM unless I was also ready to OFFER him a SOLUTION. I believe that distinguishes a WHINER from A PROBLEM SOLVER. I believe that is what the WORLD Needs More, PROBLEM SOLVERS. A subsequent employer amplified on that philosophy: He advised that when ever I offered a SOLUTION for a CHALLENGE, that he would treat that as my resignation which would leave him with the freedom or option to rehire or continue my employment if he agreed with me. I found those to be two very correct and appropriate positions that worked very well for me.
“With respect to the child rapist, I believe there is absolutely no evidence that any such sexual predator has ever been or can be rehabilitated; Castration does not reduce the danger to the community that this predator poses. Further I am opposed to imposing on taxpayers the burdens of Lifetime Incarceration support of these Predators. I believe the death sentence should be administered, upon conviction, to all first time offenders, no second chance for any child rapists, period.
“It appears to me that the sodomy of young males, a form of child rape, by Gay Clergymen, particularly with Faiths (Cults) that purport to practice Celibacy are a major producer of adult Gay men. I believe that any church or denomination that shelters such rapists should be banished from existence with participants prosecuted the same as any other child rapist - no mercy and no second chance (in other words, upon conviction all offenders should be sentenced to death, no second chance for the rapist).
“Statutory rape, that is Adult Intercourse with a Consenting Underage Participant, is a parallel but distinctly different problem from child rape and sodomy. The presumption is that the consenting underage participant does not have a legal capacity for that consent, hence the rape. I say this is ‘Bull;’ In my mind, an 11 year old Tramp-Horror is just as culpable as the ‘Adult’ participant. It appears to me that the Predator may just as likely be the Underage Participant as the Of Age Participant. I am unsettled on how this should be treated: But I think the One or Ones deemed by a trier of the facts (the judge or jury) to be the Predator or Predators should be Enuched (Castrated and amputated)(male or equivalent female Medial Surgical Procedure); Again, I do not believe our Taxpayers or Society should be burdened with providing the Predator with extended or life time free room and board incarceration.
“Another related disease our U.S. Citizens are faced with is that of Feminist wives accusing their husbands of domestic rape; I would agree that there is such a thing as domestic abuse which should be treated as and aggressively prosecuted as a crime. But I also believe that it is an even more serious crime for spouses to withhold affection from their mates, and I believe this crime should similarly be aggressively prosecuted. Also, I do not believe a woman should be allowed a right to ‘Say NO’ and to cry RAPE once she has agree to or encouraged the commencement of intercourse. I do not believe there is such a thing as rape of a spouse; short of abuse, intercourse is a right between spouses. A spouse wishing to deny this right must file a criminal and civil suit against their mate and should be held liable for emotional and financial damages to the spouse they seek to abandon, and should have no child custody rights or community property rights. Further, I believe that any divorce or threat of divorce entails both Civil Offenses and Crimes and rightfully the offended parties must be accorded relief in a court of law.
“Also, in any rape accusation, a false accuser should automatically be subjected to the same penalty as the accused would have faced upon conviction, period.”
My reply:
Our society makes sex virtually a forbidden topic, and yet, the Press feeds our appetite for the salacious. We shake with fear to discuss or debate sex education for our children, to seek reformation of our morality (sex) laws, and to find compassion and understanding for those with whom we disagree. So, I continue to tip-toe on the periphery of the topic(s) when the opportunity presents itself.
We brandish the term “sexual predator” with anyone who does not act like our moral values and beliefs feels they should. I narrow the usage of “predator” substantially from the popular notion. To me, a “sexual predator” uses violence, coercion, and intimidation for sex with unwilling individuals. Rape is not about sexual gratification; it is a violent crime, a crime of power over another human being. The crime of rape is a high crime that demonstrates the perpetrator’s paucity of respect for other human beings.
The Czech case that instigated last week’s opinion suggests surgical castration can diminish the capability of the criminal to offend, but as you say, that will not stop the true “sexual predator.” His disrespect for life is not in his missing testicles, but in his brain – a learned / taught deficiency.
I do not share your stated view of an irreversible demarcation of consent to sexual intercourse. I believe anyone can say no at any time, and if such a stop order is given, anyone who respects others will stop immediately. There is no “right” to sexual intercourse . . . not between anyone, including between a husband and wife. I have reviewed numerous related court cases that demonstrate we are still quite conflicted as a society.
Like you, false accusations can never be tolerated, including for sexual offenses, perhaps even especially for sexual offenses as they are predominate private events. Yet, I also believe we would have far less sexual crime, if we shed our Puritanical, Victorian attitudes toward sex, if we recognized sex as important in our lives beyond procreation, and as I have written, if we legalized and regulated prostitution to eliminate the criminal sub-culture associated with that business.
Lastly, I absolutely and categorically disagree with your suggestion that celibate clergy are the source of homosexuality. Some believe homosexuality is predisposed in the genetic code. Some think homosexuality is a deviant trait that can be “corrected” by re-training. The reality is, in my most humble opinion, homosexuality has a part of human existence longer than recorded history. Homosexuality has been a part of human existence and will remain a part of humanity forever. Further, our choices of sexual partners are a private matter and not an issue of public concern; thus, all the foolish, moralistic, prohibitions in law on private conduct must be eliminated post haste.
These are not easy or comfortable topics, but they are important for proper public debate, to help us mature as a society.
. . . some follow-up comments:
“On balance I agree with some of what you offer, but I believe you are absolutely and totally wrong in representing homosexuality as an inevitable - normal human predisposition or part of a genetic code, and therefore an acceptable element in our culture. To me that is a ludicrous means of rationalizing a totally disgusting deviate irresponsible and dangerous conduct. I think one has to have blinders on not to see the damage rendered to our worldwide society by the Catholic and other Church's which have and do continue to tolerate and shelter Homosexual Clergy. I think it is clear that once a young man/boy has been subject to this sodomy that he is permanently scared, for life; he is incurably 'damaged merchandise'. Further, I think there is convincing testimony and evidence that a female dominated environment, that is households and schools, etc., further contribute to nourishing the feministic (homosexual) nature of boys and men. I find no fault in a man choosing a celibate lifestyle, but imposing this un-natural practice by a denomination, or other environmental isolation, for example, historically, the isolation of sailors etc. away from female companionship (sex) I think clearly contributes to homosexuality.
“I find it a distraction for you to quarrel with definitions of a 'Predator' . Your ultimate definition is, I believe, the obvious meaning of the term.
“With respect to consent between a man and a woman, I agree that there is no 'right' and that a 'No' must be honored. However, I believe it is both mental and physical abuse for a marriage (love) partner to withhold affection and as such may be, and often is both a Civil and Criminal offense. When such a relationship is not or ceases to be a 'Love' Relationship it should be terminated. I agree with your suggestion of legalizing prostitution, in which case 'Contract' Law would apply.”
. . . my follow-up replies:
The beauty of our democracy . . . we are free to disagree. I can only ask, how many homosexual men or women have you talked to frankly, about their experience, their feelings? If you have not, I would respectfully suggest you try to understand life from their perspective. I think you are fundamentally and categorically wrong. A person’s sexual orientation has no more bearing on his contribution to society and to humanity than the pigmentation of his skin, or his religion, or any of the other social factors. The best I can say is, there is a lot more you could learn about homosexuality, if you wanted to learn.
I have no desire to offer any defense for clergy who have abused their position and especially with children . . . regardless of whether their victims are male or female. Sometimes, I think the church is far more concerned with the image of the church and its clergy than in saving souls.
I quarrel with definitions like “sexual predator” because those labels can do such enormous damage. Case in point, my definition of marriage may be broader and perhaps more liberal and tolerant than yours. Yet, regardless of our opinions regarding homosexuality, child sexuality, marriage, or anything else, they are matters of individual choice and our fundamental right to privacy. We choose for ourselves and our families. We must allow and accept the choices of others . . . as long as no one is injured. We must respect the choices of others, if we expect them to respect our choices.
Spot on! Contract law should and would apply to the business of prostitution.

Another contribution:
“Well, I think we have some common ground on Fanny Mae, Freddy Mac, Dodd, Rains, Franks, ACORN and all the politically correct yahoos that refused to step up to the plate simply because opposing the ridiculous lending practices initiated during the Clinton Administration was not politically expedient. How could a politician come out against homes for poor people?
“I will also defer further comment on your defense of the President. I also hope he succeeds with his economic plan as long as it doesn't turn us into the Socialist States of America in the process. We'll see - as you say it's much too early to give up hope.
“I think a lot of people are paid too much, but that doesn't mean I want to legislate their salaries. Way too many possible unintended consequences with that course of action.
“I do not see how anyone could think that a 95% punitive tax, targeting a specific group of people, retroactively could be either right or constitutional. It's simply grandstanding, fanning the flames of already out of control passions, and political defilade. No matter how bad you are, if you can point to somebody worse, it makes you look better. And the President was just as much to blame as Congress.
“One last comment. No, Obama did not create this mess, but neither did Bush create 911. The fact that Obama convinced 52% of American voters that he could FIX this problem, probably cinched the election for him. And sooner or later he's going to have to stop using that 'inheritance' crutch. He promised hope and change and that he was the man to bring it to Washington. If the problem was too much for him maybe he should not have been so positive on the campaign trail.”
My response:
I can trace this economic crisis back to, at least 1977 {Community Reinvestment Act [PL 95-128] [356]}, just as I can trace the War on Islamic Fascism back to at least 1979. This fiasco took a long time to set up and explode. We are in the conflagration now. As with all wars, it is the common citizens who pay the heavy price; the monied elite rarely do. Wall Street bonuses in the grips of a serious recession smacks of Nero’s fiddle.
IMHO, pure, unchecked capitalism is just as destructive as communism or fascism. I remain convinced that stability can only be achieved by checks & balances. Congress pulled the stops out of the mortgage lending machine . . . common, instinctual, human greed took advantage of few if any checks. I have absolutely no objection to gambling, but I do object to people gambling with other people’s money. One young trader single-handedly destroyed the venerable Barings, PLC, bank in 1995; we had signs. And, what did we do? Congress passed the Financial Services Modernization Act of 1999 [PL 106-102; AKA Gramm-Leach-Bliley Act] [353], pulling out even more stops. My objective is quite simple – rules; checks & balances. As we bear direct witness, an unrestrained free market benefits everyone when times are good, but benefits only the wealthy & powerful when times are bad. I just want to walk down Main Street at High Noon without being shot by some young gun who does like my size.
The Constitution makes no statement regarding punitive taxation. The assumption in the document holds that compromise will prevail – checks & balances. Ill-gotten gains are always a target. Likewise, I am not in favor of Congress meting out punishment, yet there is precedent for Congress using legislation to recover ill-gotten gains that are acquired beyond the law. Nonetheless, the foolish bonus tax bill [H.R. 1586] appears to be DOA in the Senate. FWIW, the bonus tax bill may have been ill-advised, but it was not unconstitutional.
We can disagree on the potential of Barack Obama, but the fact is, he is the duly-elected President of the United States. If he succeeds, we succeed. I hope and pray he will not be another Jimmy Carter – a man of good & noble intentions, who failed as POTUS. We shall both remain observant and critical. As is my nature, I shall try to find the good in the man, just as I did with George W. Bush, Jimmy Carter, and all the others in leadership positions.

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

23 March 2009

Update no.379

Update from the Heartland
No.379
16.3.09 – 22.3.09
Blog version: http://heartlandupdate.blogspot.com/
To all,
I hope everyone had a most enjoyable Spring Equinox . . . the seasons they are a changin’.

Our oldest grandchild, Aspen Shae, 12yo, has acquired a futball nickname. She is a maturing midfielder, who is deep into her sport. The team gave her the nickname “Smooth” – fits her perfectly. She is indeed that on the futball pitch – smooth – and a joy to watch.

The follow-up news items:
-- Chief Justice Iftikhar Muhammad Chaudhry of Pakistan was restored to the bench after being suspended by former President General Musharraf [309] – a surprising concession to opposition leader Nawaz Sharif. Pakistan has a long way to go.
-- On the third day of his criminal trial, Austrian family dictator Josef Fritzl [334] changed his plea to guilty on charges of negligent homicide, enslavement, rape, incest, forced imprisonment and coercion – all within his family. As is so often the case, the government has no plans to investigate mistakes by the police, social services, or the public, who undoubtedly saw years of signs and chose to ignore them. Fritzl has become yet one more example of what can happen when society does not care to confront those who show disrespect for others. Perhaps one day we will learn.
-- Of course, sex is always a good topic. This week we have:
“Let’s Talk About Sex”
Anna Quindlen
Newsweek
Published: 7.March.2009; from the magazine issue dated: Mar 16, 2009
http://www.newsweek.com/id/188136
Abstinence-only [190, 308, et al] is not sex education. Parents should be teaching their children about sex. School can and should teach the biology and physiology of sex; but, parents must teach children the deeper dimensions like relationships, risks, rewards, pleasure, decision-making, et cetera. It is between parents & children that abstinence-only should be taught. Abstinence-only attempts to deny nature. We must lose the fear the moral projectionists have created in the law and induced in our society.
-- An interesting political debate is underway in Europe – is surgical castration for violent sex offenders [171, et al] humane? The Czech Republic has allowed it. The European Union objects. I am with the Czechs. Once a man has reached that degree of inhumanity and disrespect, I am way passed any hope of redemption or rehabilitation.
-- Senator Charles Ernest “Chuck” Grassley of Iowa suggested that executives at AIG [353] Financial Products Division, who took undeserved bonuses for their financial failure, should apologize and commit seppuku for the dishonor they have brought upon themselves. Spot on, Chuck.

A close, long-term friend sent me a series of images and asked me if I had heard anything about this monument?
Tear of Grief
[Mon image001.jpg]
The short answer was no . . . I had not heard anything about the monument. Being curious, I learned more. Russian, Moscow-based, sculptor Zurab Tsereteli created the tribute to the victims of 9/11, to symbolize solidarity with Americans in “the Struggle against World Terrorism.” The striking monument was erected in 2005 and stands across the Hudson River in Bayonne, New Jersey. Until the query, I had heard nothing about this incredible gesture of unity. Perhaps the Press did acknowledge the memorial, but if they did, I must have been asleep. Sad that it has not been more widely recognized. The next time I am in the area, I shall visit the site and pay my respects. Спасибо (spasibo) . . . to my Russian friends.

News from the economic front:
-- The AIG executive bonuses [378] sparked quite a firestorm. President Obama instructed Treasury Secretary Geithner to “pursue every legal avenue” to block or recover the US$165M in AIG executive bonuses. The President said, “This is a corporation that finds itself in financial distress due to recklessness and greed” – rather under-stated I do believe. He also said, “Under these circumstances, it’s hard to understand how derivative traders at AIG warranted any bonuses, much less $165 million in extra pay. How do they justify this outrage to the taxpayers who are keeping the company afloat?” I would like to hear the answer to the President’s question. The House of Representatives passed an extraordinary bonus tax bill seeking 90% of bonuses over US$250K paid by companies who received Federal bailout funds. [I have not located the legislation, as yet, so I do not know the details.] Connecticut Attorney General Richard Blumenthal indicated his office reviewed AIG documents that the company paid out US$218M in bonuses, more than the US$165M previously disclosed. New York Attorney General Andrew Cuomo obtained a list of AIG employees who received bonuses, and is working with AIG management to determine who has returned theirs. Of the bonus funds paid by AIG, 73 employees received more than US$1M each; but, what is worse, US$57M was paid out to 11 departed employees, and thus, had absolutely nothing to do with retention.
[NOTE: AIG put itself in the position of insuring mortgage-based, high-risk, financial instruments and got caught in the domino collapse last summer. AIG’s contribution to this crisis comes in the impression of stability they provided, when they insured such high-risk instruments. AIG is not the root cause, but they are most certainly an influential contributor to this fiasco.]
-- Last week, the United States canceled a pilot program that allowed some Mexican trucks to transport goods within the U.S. This week we hear that Mexico plans to boost tariffs on about 90 U.S. products in retaliation. Mexico claims the U.S. decision violates a NAFTA provision that was supposed to have opened cross-border trucking years ago. The White House indicated it wants to work with Congress to restore the program.
-- Billions of dollars of the People’s Treasury funds offered up to bail out AIG will go to hedge funds that bet on a falling housing market. The documents obtained by the Wall Street Journal reportedly show how Wall Street banks were middlemen in trades with hedge funds and AIG that left the giant insurer holding the bag on billions of dollars of assets tied to souring mortgages.
-- The People’s Republic of China holds a huge amount of American debt. In an odd sign of the times, the PRC’s Commerce Ministry has rejected on anti-monopoly grounds Coca-Cola’s US$2.5B bid to buy Huiyuan Juice Group, a major producer – a deal which would have marked the biggest foreign acquisition of a Chinese company to date and Coca-Cola's largest foreign acquisition.
-- Embattled, government-appointed, AIG CEO Edward M. Liddy testified before a House committee and attempted to defend the company’s contractual bonus payments. He also indicated he will ask executives to give half the money back.
-- Wednesday, the Federal Reserve announced its intention to buy up to US$300B in longer-term Treasurys and raise the size of lending programs by another US$750B, aimed at reducing mortgage rates, a forceful reminder that officials still have powerful tools to combat the recession. The Fed initiative should mean lower rates for a variety of business and consumer loans. The Federal Open Market Committee voted 10-0 to hold the target federal funds rate for interbank lending in a range between 0.00-0.25%, and to continue using credit programs financed by an expansion of the Fed's balance sheet to stabilize markets.
-- Another ray of sunshine from the distant, brightening sky, Oracle posted a profit for their fiscal 3rd Quarter that was stronger than expected and unveiled its first-ever dividend. Profit eased 0.8% as the stronger dollar continued to drag on growth, but the business-software company decided to start paying a US$0.05 per share quarterly dividend in light of its strong cash flow and operating margins.
-- Citigroup Chief Financial Officer Gary L. Crittenden will become chairman of a new entity, CitiHoldings, created to pool non-core assets. Citigroup global banking chief Edward “Ned” Kelly succeeds Crittenden as CFO. Rumor has it that Citigroup is preparing to shed troubled assets, while focusing on its core investment bank, credit-card division and regional banking operations.
-- Federal Reserve Chairman Bernanke told a conference of community bankers that regulators may need to modify capital and accounting rules to make sure they don't magnify ups and downs in the financial markets – a bit of an under-statement, it seems to me. Bernanke added that the Fed’s actions throughout the crisis, including the recent announcement of Treasury securities purchases, have helped “all segments of the financial system” and the economy more broadly. Time and history shall tell the tale of whether Ben is correct or just blowing smoke.
-- Federal regulators seized control of U.S. Central Corporate Federal Credit Union, in Lenexa, Kansas, and Western Corporate Federal Credit Union in San Dimas, California – the two largest wholesale credit unions in the United States. The two institutions have a total US$57B in assets that have diminished in value to the point that the financial institutions were seriously under-capitalized.

L’Affaire Madoff [365]:
-- David G. Friehling, longtime accountant for convicted felon Bernie Madoff, was charged Wednesday as prosecutors expand their probe into the massive fraud. He faces up to 105 years in prison, if convicted of the fraud charges.
-- A federal appeals court ruled that felon Madoff must remain in prison until his sentencing in June.

From a different forum, by a contributor to this forum, we have this topic:
“While most of us are against child molesters, it sure seems something surreal has occurred in our society regarding sex offenders who media now calls ‘predators.’ Whenever there is a case like this, you should read the blogs by citizens who want the government to do everything/anything to protect us. GPS monitoring by ankle bracelet, and much more.
“There was a report on-air a few weeks ago about how these ‘registered sex offenders’ can not find any work, often cannot find even living arrangements, as there are so many locations that violate their parole or terms of being a ‘registered sex offender.’ Plus many landlords would never rent to them once all the credit and background checks are done.
“And there are several cases just in San Diego where sex offenders have been nearly witch-hunted and forced by neighbor activism, completely out of the neighborhood. Then they are followed and when they try to go to a new residence, the same thing happens because some of the old neighbors contact the new ones.
“Our news media has provided much of this surreal environment along with norms like Amber Alerts displaying license plates of someone’s unknown vehicle a ‘suspect’ may have been driving who kidnapped an ‘unknown child.’
“We have a local talk host who has made his success, partly, from doing regular show on ‘sex predators’ and where they live, and how we need to do more to find them.
“Have you ever seen that Nancy Grace on CNN, who has her own show. She is too scary for me to look at more than a couple minutes. She appears to have been reproduced by plastic surgeons for ‘beauty augmentation’ but she is really something. Almost every show is on an abducted or missing child. She will do hour long specials on some kid named Kaline, who is missing, from Florida. Kaline, if you are reading this e-mail, your mommy wants you to come home!
“And now we have this rash of teachers getting arrested/convicted for unsightly relations with their students. Many female teachers, too.
“I have not been able to place it, but something is going on much differently than what is perceived by the general public in this regard.
“Don't get me wrong, I'm not saying the violent attackers of children are in any way the victims, they are terrible people. The question is what other offenders of laws get caught up in the same category? And if these "terrible" people are so dangerous that our government and media has built an entire system around netting them, and then keeping them so many yards from schools, toy stores, churches with children, parks, playgrounds, etc., etc., then instead of treating them like rabid dogs that we isolate, why not just put them out of the misery and save taxpayers (and any future victims?). And then ask, who should be in that class, and who not. Does the guy that had to register as a sex offender because he was 21 and had sex with a 17 year old girlfriend, need to be demonized for life? Should we just buy an isolated island and put all sex offenders on it, call it Devil's Island? They can sort their issues out there.”
The newspaper article that sparked the opinion:
“East County sex offender, 81, returned to state hospital”
by Dana Littlefield
(San Diego) Union-Tribune
Published: 6:14 p.m. March 11, 2009
http://www3.signonsandiego.com/stories/2009/mar/11/bn11norman-sex-pred/?zInd
My contribution to this topic:
Why are we so hung up about sex that we brand offenders for life and persecute them relentlessly?
Why can’t we forgive offenders who have paid their penance to society?
Why do we punish a guy for groping a woman’s breast or derrière far more severely than someone who grabs a woman’s shoulder or purse?
Why have we attached far more significance to mammary glands and genitalia than we have other body parts?
Why are violent, repeat offenders branded with the same label as children who get caught in their natural curiosity?
Just some thoughts in the form of questions.

No comments from Update no.378.

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

16 March 2009

Update no.378

Update from the Heartland
No.378
9.3.09 – 15.3.09
Blog version: http://heartlandupdate.blogspot.com/
To all,
The follow-up news items:
-- We can always depend upon our illustrious representatives in Congress to play word games and invent new ways to spend The People’s Treasury.
“See No Earmarks – Defining spending deviancy down”
Editorial
Wall Street Journal
Published: March 5, 2009
http://online.wsj.com/article/SB123621360683535103.html?mod=djemEditorialPage
They observed, “Not so long ago – before President Obama's inauguration – ‘earmarks’ referred to the special appropriations that bypass the normal budget process to cater to special interests and protect the incumbents who inserted them. The difference now is that the politicians have gotten much better at disguising their handiwork. Under the cover of emergency spending, the projects have also grown much larger.” For the record, my definition of earmarks [257] remains the “not long ago” version. A pile of cow manure by any other name is still a pile of cow manure. When a Republican Congress spent Treasury funds like drunken sailors [213, et al] and a Republican President meekly acquiesced at best, it was call growth. When a Democratic Congress spends money like an equally drunken sailor and a Democratic President claims it is just a holdover from the previous administration, it is call socialism and heading toward communism. Barack Obama is no more a socialist than Karl Marx was a capitalist. Time shall tell. If he does not get control of congressional largesse, he will certainly add evidence to the accusation. Some anonymous congressional leader said, “A Congressman only has a vote, a press release and an earmark, and you want to take that way.” My simple response, “Damn straight!” I only have a vote, period. Where does it say in the Constitution that senators and representatives have the right (let alone the authority) to spend money in hidden, un-debated, personal projects used predominantly for political gain and influence? Where does it say that? Sure there are good things done with earmark money. But, if there are good things to be done, then put them in a bill, debate them, defend them, and pass them by the proper method. What is it about the word “perception” that Congressmen do not understand?
-- On Monday, President Obama signed an Executive Order titled: “Removing Barriers to Responsible Scientific Research Involving Human Stem Cells,” invalidating President Bush’s 9.August.2001 restriction on Federal support for embryonic stem cell research, and revoking Executive Order 13435, titled: “Expanding Approved Stem Cell Lines in Ethically Responsible Ways,” dated: 20.June.2007. The President said his administration will “make scientific decisions based on facts, not ideology.” And, I say, it is about time. I believe my opinion regarding Federal participation in embryonic stem cell research is well known and documented [146, 241, et al], thus we have no need for iteration. I laud the President’s initiative and action. As always, it’s the fine print that matters, so we must see how this edict translates into research endeavors.
[NOTE: For a President and an administration that touted its transparency, openness, and access – The People’s White House – and that claimed superior, contemporary, tech-savvy status, the necessity for me to turn to a non-affiliated website to obtain the text of this Executive Order is an indictment – a failure. Barack & his buddies are failing in this very important promise as well. Every time Barack signs one of these epistles, my anger jacks up another notch or two because I cannot obtain the text from the official website. The vast majority of our citizens do not live near Washington, DC. We rely on the Web for access to government documents. If the U.S. Supreme Court can post a lengthy decision on the same day or Congress post legislative action within a day or two, surely the White Staff can figure out how to number an executive order and post it on their website. They had better get a grip of this issue. What is so freakin’ hard about simple numbering and publication of Executive Orders on the White House website?]
-- The Federal regulator at the center of the government’s investigation into the failures of IndyMac, Washington Mutual, Countrywide Financial, and Downey Savings & Loan. – former director of the western region, Office of Thrift Supervision (OTS), Darrel W. Dochow [367] – has been allowed to quietly retire, without prosecution for his dereliction of duty. This does NOT bode well for this administration. The regulators, who aided and abetted the perpetrators of the banking crisis share culpability, must be held accountable. The message to John Q. Public in this case is the law has no teeth. I feel no mercy for the greedy bastards who brought this mess on us and those who helped them achieve their ill-gotten gains.

The same opinion column – different sources – worth reading the message.
“Abuse case too familiar”
by Leonard Pitts:
Wichita Eagle
Posted on Fri, Mar. 13, 2009
http://www.kansas.com/opinion/story/731584.html
“When a man hits a woman”
by Leonard Pitts Jr.
Miami Herald
Posted on Wednesday, 03.11.09
http://www.miamiherald.com/living/columnists/leonard-pitts/story/943498.html

George Will wrote a thought-provoking column a few weeks ago . . . with a twist:
“Prudes at Dinner, Gluttons in Bed
by George F. Will
Washington Post
Published: Thursday, February 26, 2009; Page A19
http://www.washingtonpost.com/wp-dyn/content/article/2009/02/25/AR2009022503123.html?wpisrc=newsletter
George refers to:
“Is Food the New Sex? – A Curious Reversal of Moralizing”
by Mary Tedeschi Eberstadt
Hoover Institution, Stanford University
Policy Review
February-March 2009
http://www.hoover.org/publications/policyreview/38245724.html
George wrote, “Today ‘the all-you-can-eat buffet’ is stigmatized and the ‘sexual smorgasbord’ is not. Eberstadt’s surmise about a society ‘puritanical about food, and licentious about sex’ is this: ‘The rules being drawn around food receive some force from the fact that people are uncomfortable with how far the sexual revolution has gone -- and not knowing what to do about it, they turn for increasing consolation to mining morality out of what they eat.’” Oddly, as I read Eberstadt’s words and Will’s opinion of her words, I continuously asked myself the question: who is uncomfortable? And, more importantly to me, why are they uncomfortable? Eberstadt talks about the most vulnerable in society being hurt, yet I have a very hard time equating that opinion with root cause analysis. Eberstadt concluded her study, “So if there is a moral to this curious transvaluation, it would seem to be that the norms society imposes on itself in pursuit of its own self-protection do not wholly disappear, but rather mutate and move on, sometimes in curious guises. Far-fetched though it seems at the moment, where mindless food is today, mindless sex – in light of the growing empirical record of its own unleashing – may yet again be tomorrow.” All of this smacks of agenda. Whether food or sex, it is only mindless if we make it so. Unfortunately, what I see in this treatise is an inverse rationalization to justify “moral projection” for the protection of all us “mindless” imbeciles who cannot exercise our freedom of choice responsibly. In my most humble opinion, the sexual revolution, if there ever was such a thing, has made progress but not far enough. Our hang-ups about sex have caused enormous collateral damage. Perhaps one day, we shall recognize sex as a normal and natural human activity, instead of as some mystical, spiritual obligation.

As you may have gathered by now, I look for news items that are interesting, sometimes provocative, and illuminate encroachment upon our most fundamental rights. Two, separated, similar, police actions offer us another opportunity.
“Cook County sheriff sues Craigslist over sex ads”
by Don Babwin, AP
Cleveland Examiner
Published: Mar 5, 2009; 6:57 PM
http://www.examiner.com/a-1887634~Cook_County_sheriff_sues_Craigslist_over_sex_ads.html
“Wichita police net 11 arrests in adult video store sting”
by Dion Lefler
Wichita Eagle
Posted on Sat, Mar. 07, 2009
http://www.kansas.com/news/local/story/724726.html
Cook County (Illinois) Sheriff Thomas J. ‘Tom’ Dart accused the popular, widely used, Craigslist website as a big purveyor of prostitution. He seeks an order by a federal judge to close the “Erotic Services” section of the website. A few hundred miles southwest, Wichita Chief of Police Norman D. ‘Norm’ Williams’ officers raided an adult book and video store, arresting 11 male citizens (26 to 66 years of age) for a variety of sex crimes, including indecent exposure, public nudity, lewd and lascivious behavior, and sexual battery. The police claim they carry out such sting operations “in order to prevent illegal activity in the adult book stores and videos.” For those of us who do not seek prostitutes or seek sexual satisfaction at an adult store, these police actions represent a “so what.” So what! These are offensive actions by the State, based on moralistic, victim-less “crimes.” Who is being injured? What harm is being done to public safety? Both of these examples are precisely why our vast array of sex laws at local, state and even federal levels absolutely must be reformed or repealed. We, the People, must get the State out of private affairs and conduct. We have been lulled into passivity on such infringements to our most fundamental rights, by our condemnation of choices made by other citizens. We have given up far too much personal freedom in the foolish notion of denying that same personal freedom to others we do not agree with. In these instances, I do not fault the police; they are trying to enforce the law as best they can. The root cause rests with our penchant for moral projection and laws that validate our sense of propriety and morality. That is not how freedom is supposed to work.

In the aftermath of the recent mass murder rampages in the United States and Germany, the Telegraph (UK) published this article in an attempt to answer the perpetual question – why?
“Germany school shootings: Profile of a high school killer – Experts say school killers, like German serial killer Tim Kretschmer, often share similar psychological profiles”
by Nick Squires
The Telegraph (London)
Last Updated: 5:53AM GMT 12 Mar 2009
http://www.telegraph.co.uk/news/worldnews/europe/germany/4974853/Germany-school-shootings-Profile-of-a-high-school-killer.html
As reported by Squires, there are six common threads in school yard rampages.
1. An acute rejection event is often the catalytic trigger.
2. The attacker is usually a victim of teasing or bullying.
3. The attacker commonly has a fascination with guns and/or explosives.
4. Another common factor is a preoccupation with death.
5. Attackers also often display acute psychological problems such as schizophrenia or bipolar depression.
6. Attackers often plan their attacks well in advance, buying weapons, and writing or recording some form of last statement to explain their actions.
While not an all inclusive listing, I think even the casual observer can recognize the validity of these signs. Some of these signs are readily observable (detectable) by parents, friends, neighbors, teachers, and sometimes even the police. Unfortunately, these “signs” are symptoms, and do not get us to the root cause of such disrespectful and destructive behavior. The mental health element could be hereditary, chemical, or environmental, and cannot be ignored. I respectfully submit to a discerning forum that the root cause lays squarely and ultimately with the parents of these killers . . . by their complacency, negligence and/or abuse of these children. Passing more restrictive guns laws, bludgeoning schools for failing to provide absolute security, or assailing the police for failing to prevent these rampages is just as irrational as treating a gaping wound by wiping up the hemorrhaged blood. I appreciate Squires’ effort to understand, but these superficial theses will only give us warning at best, and will never address the true root cause of such aberrant behavior. We are way passed time to reject the abysmal “don’t get involved” syndrome that enables these obscenities.

I can always depend upon the New York Times to provide ample fodder for debate in this forum.
“The Drug Cartels’ Right to Bear Arms”
Editorial
New York Times
Published: February 27, 2009
http://www.nytimes.com/2009/02/27/opinion/27fri3.html?_r=2&th&emc=th
The august editorial staff of the Times concluded, “There should be enormous shame on this side of the border that America’s addiction to drugs is bolstered by its feckless gun controls. Firm federal law is urgently needed if the homicidal cartels are to be seriously challenged as a threat to national security.” Yes, what is happening on our southern door step is a national security issue. Unfortunately, as is so often the case in such questions, the Times seems quite content to vilify the firearms industry, to advocate for foolish, superficial laws that do absolutely nothing to remedy the root cause of the tragic drug (gang) violence in Mexico and spilling over into this country. We cannot continue to rail against these convenient, distracting façade issues that have virtually no effect whatsoever on the real disease – the actual wound. Perhaps, someday, the Times will use its vaunted status to focus their editorial wrath on real questions rather the distracting, thin façade of reactive symptoms.

News from the economic front:
-- The President signed into law the Omnibus Appropriations Act of 2009 [PL 111-008; H.R. 1105; Senate: 62-35-0-2(1); House: 245-178-0-8(4)], US$410B in new Federal government spending, including an estimated US$7.7B [a mere 1.9%] in 8,570 earmarks on this bill alone. The President has swallowed the grape juice and become part of the problem, just as his predecessor did. What was it he said about hope?
-- New York State Attorney General Andrew Mark Cuomo accused Merrill Lynch & Co. of misleading Congress about when directors of the securities firm decided to pay about US$3.6B in bonuses. Then we hear that insurance giant AIG intends to pay out US$165M in bonuses to the same executives that brought the company to the brink of collapse last year, and that need US170B, so far, in funds from the People’s Treasury to survive. I wish Cuomo all the luck and good hunting I can muster up for this initiative, and I hope he adds AIG & others to his target list. The whole notion of bonuses being paid to executives of failed companies, or of companies suckling at the Treasury teat is about as far away from the free market (these robbers tout) as Bernie Madoff is from being a law-abiding citizen. These executives should be paying shareholders, not the other way around. And, all this gibberish about retaining high-quality managers . . . what quality!?!
-- The Wall Street Journal reported that a majority of 49 polled economists are dissatisfied with the administration’s economic policies. On average, they gave the President a mark of 59 out of 100, and although there was a broad range of marks, 42% of respondents graded Mr. Obama below 60. Unfortunately, I think . . . show me the data, and is this “poll” politically motivated or perhaps politically biased?
-- Swiss drug marker Roche agreed to buy the 44% of U.S. biotech company Genentech that it doesn't already own for around US$46.8B. The agreement ends a nearly eight month battle, in which Genentech repeatedly rejected Roche’s offer.
-- G-20 finance officials met in the U.K. this weekend and agreed to take “whatever action is necessary” to restore global growth and support lending, but did not commit to a U.S.-led push for more coordinated government spending. They pledged to maintain expansionary monetary policies as long as needed and agreed the key priority is to restore bank lending, including dealing with troubled or toxic assets.

L’Affaire Madoff [365]:
-- The Wall Street Journal reported that Annette Bongiorno, a four-decade veteran of the Madoff firm, asked assistants to research daily share prices for blue-chip stocks from the previous month or several months; then, using the data of past share prices, she would instruct the assistants to generate ‘tickets’ showing purported trades, which resulted in gains that were in line with Madoff’s steady annual returns. This is only the snowflake on the tip of the iceberg. Based on the Journal report, I suspect Bongiorno is already on the target list of soon-to-be accused culprits in this scandal.
-- Bernard Lawrence Madoff pleaded guilty to 11 criminal charges, including money laundering, perjury, and securities, mail and wire fraud. The judge revoked his bail bond, ordered him jailed immediately, and scheduled his sentencing for June 16th.
-- Madoff is no longer a quasi-free citizen, languishing in the luxury of his US$7M penthouse. He is now just inmate 61727054, and hopefully he shall remain so for the rest of his natural life.
-- Next up for prosecution, Ruth Alpern Madoff and their sons Mark and Andrew. We can only hope they stand up to the bar as their father did and admit their guilt. There are many more to go before this one is done.

Comments and contributions from Update no.377:
“Similar to your challenge of the Das Kapital ‘quote;’ Do you in-fact have any reason to believe that the children, and in my case the grandchildren, of our generations have demonstrated any intelligent participation in the Economic, Political or theological evolutions of our USA?; I don't see any sign of such interest or participation; do hope you are right though. What I do see is a mentality identical to that which was present in the 1930’s process that put Adolph Hitler into power. I fear that Obama is in fact no student of history at all, as he, with Hillary Clinton’s help is on what I fear will prove to be a disastrous path of appeasement that parallels that of Chamberlain.
“I do think that the continuing diatribe of commentators such as Fox News' Sean Hannity and Now Glenn Beck, and to a lesser extent Bill O'Reilly and now Mike Huckabee against any responsible duty to pay taxes is criminal, traitorous and totally destructive. Allen Colmes, the only Morally Honest and Socially Responsible voice on Fox News, that I am aware of, has been Silenced, at least for now; what a travesty. It is (even Biblical) historically in the 'Nature' of mankind to relish raiding the other man's orchard, and to yield to the "Kings" rule rather that accept any personal responsibility for anything Social, Economic, or Theological. These Negative Personalities are illustrative of the 'True Ugly Americans': They have proven that an 'Un-Regulated Free Market' is absolutely the worst form of government imaginable; it yields to the very worst in human nature. In this past 4 decades we have undone just about all the good previously accomplished in correcting the major economic sins of our prior history.
“Is it not clear that Our (Mine and Your) Generations (Thru the Presidencies of Nixon, Reagan and Bush I and II) starting under the discipleship of Henry Kissinger we have systematically turned over ownership and control of virtually all of our essential industries and resources to Internationally Controlled Conglomerates: The 'Goose That was Laying Our Golden Eggs' has been cooked. Our (Bucket of) Intellectual Resources/Properties have been and continue to be leaked to foreign governments (even our worst competitors and enemies); for example Microsoft has done and continues a massive brain dump to India, China and Russia. It does not appear to me that the United States of America can generate and retain enough net "New Technology" to keep up with the effects of this drain to ever recover a positive economic position in the world market.”
My response:
My statement of hope was not a statement of fact. There are signs that our children and grandchildren will rise to the occasion. But, only time will tell the tale. All I know is I am hugely disappointed in so many of my generation who failed to rise above partisan politics to the detriment of this Grand Republic. I’m ready to give our children their chance to do better.
I remain observant and critical of our new President. I do not share your fear. I do see positive signs, refreshing differences. I like many of things he is doing. I am willing to give him the benefit of the doubt for the time being. Yes, there are citizens who blindly believe Obama can do no wrong, just as there were citizens who believed Bush could do no wrong. That does not mean we are following the Pied Piper to our ruin. I think Obama is better than he is being given credit. Again, time shall tell the tale.
We are in agreement regarding an “unregulated free market.” We have begun the process of correction. My fear now is over-correction like the Church Committee in the late 70’s that crippled our human intelligence capabilities for decades. I do not want the government in the marketplace, but we must have checks & balances to spot rabid greed before it consumes US$50B.
The Founders recognized the power of commerce. Global trade is part of that process, and that road cannot be a one-way street. Not everything going on is a good thing, but companies choose to sell; no one is holding a gun to their heads. Protectionism and Isolationism are not stable states. Again, we must seek balance.

Another contribution:
“A couple of notes...
“There are definitely ways for the Government or the trustee representing the victims to get the millions that Madoff's wife had stashed away - as well as the apartment. For one thing, Mrs. Madoff withdrew about $10 million from one account the day that Bernie told his sons about the fraud. There has to be a connection. If it can be shown that the funds came from Madoff's fraudulent side, they can get to the money. It would appear that they should be able to do just that. I am just afraid that the prosecutors will wimp out about Ruthie. They should have already charged her and be using that as a chip in finding out where other funds are and getting a solid plea from Bernie. She should not be allowed to keep the NY penthouse or the mansion in Florida. Or the $65 million or so that she has in her accounts.
“Regarding the OLC memoranda being released-- it s the USG that is releasing the memoranda and the reasons for their withdrawal. The Times is reporting it and giving its view in opinion pieces. But the Government is releasing them because the original memos were wrong, unconstitutional, and in most cases, very poorly written pieces of work-- much less to base policy upon. I have read a couple, and it is astounding how bad they are-- for supposedly being written by people who were at the pinnacle of their profession. Also, running the country based on secret memos that are wrong in law and fact and poorly written is obviously a poor practice.”
My reply:
I guess we’ll find out on Thursday when Bernie pleads. If there is clean money in the Madoff family, then perhaps that should be safe. However, I have seen nothing that suggests any of their money is clean. I think the USG should take it all and prosecute Ruth, but like you, I suspect the prosecutors will wimp out. If they don’t [prosecute her], she can go to the homeless shelter and work at McDonalds for all I care.
Perhaps I was not precise with my words. Yes, I recognize that the Obama administration declassified and released the OLC memoranda, which in itself I think was a bad idea. However, I was being critical of NYT for their penchant to disclose sensitive national security material and sensationalize it. Nonetheless, for the NYT to claim some pseudo-sanctimonious position of openness & transparency is wrong. Historians should do that in hindsight, not contemporary Press outlets during a time of war. That was my objection in 1971, and that is my objection today. BTW, do you have special access to the memos or did you find them on the Web?

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

09 March 2009

Update no.377

Update from the Heartland
No.377
2.3.09 – 8.3.09
Blog version: http://heartlandupdate.blogspot.com/
To all,
The follow-up news items:
-- The Founder and CEO of Xe (pronounced ‘z,’ formerly Blackwater [305, et al]), Erik D. Prince, announced his decision to relinquish his role as the company’s chief executive in his effort to move away from the company’s tarnished image and reputation.
-- In a historic move, the International Criminal Court issued an arrest warrant for a sitting chief of state, Sudanese President Omar Hassan Ahmad al-Bashir – a victory for Chief Prosecutor Luis Moreno-Ocampo of Argentina. In retaliation, the Sudanese government expelled at least ten foreign aid groups, trying to provide sustenance for a million displaced people in the troubled Dafur region.
-- The California Supreme Court heard arguments this week on a handful of cases challenging Prop H8 [345] – the voter-approved, constitutional amendment – “California Marriage Protection Act” – the response of the state residents to the California Supreme Court’s In re Marriage Cases [CA SC S147999] decision [336]. This will be a historic decision no matter the outcome, and I suspect the ruling is destined for the U.S. Supreme Court.
-- Rumor has it that President Obama will sign soon an Executive Order removing the band on Federal support for (participation in) embryonic stem cell research [146, et al]. It’s about time! I look forward to reading the directive.

Every once in a while the stars align. Wednesday’s New York Times yielded a series of catalytic editorial opinions.
“The Tortured Memos”
Editorial
New York Times
Published: March 3, 2009
http://www.nytimes.com/2009/03/04/opinion/04wed1.html?th&emc=th
-- While I am intrigued and curious about the Bush administration’s terrorism memoranda declassified and released by the Obama administration, I have serious doubts the release of these memoranda are a contribution to winning the War on Islamic Fascism. I look forward to reading the memoranda soon. Yet, at this point, I believe the Times is wrong, just as they were in 1971 during an earlier war. Transparency in matters of waging war successfully is NOT a good thing.
“Who’s Running Immigration?”
Editorial
New York Times
Published: March 3, 2009
http://www.nytimes.com/2009/03/04/opinion/04wed2.html?th&emc=th
-- The New York Times editorial staff was not impressed by the Bush administration’s enforcement of immigration law and border security. Apparently, they believe the Obama administration is going to do a better job. Yet, busting down on Arizona’s Maricopa County Sheriff Joseph M. ‘Joe’ Arpaio hardly seems like a wise choice. Once again, I think the Times has missed the big picture. The Federal government had done a poor job enforcing immigration law. States, counties and municipalities have had no choice but to take up the slack.
“Stage of Fools”
by Maureen Dowd
Op-Ed Columnist
New York Times
Published: March 3, 2009
http://www.nytimes.com/2009/03/04/opinion/04dowd.html?th&emc=th
-- Rarely do I find myself in agreement with Maureen Dowd, yet here is such an example. The Obama administration is trying to convince us the omnibus spending bill before is a holdover from the Bush administration, therefore all the porky earmarks are just a holdover as well. If it was not so revolting, listening to congressmen attempt to justify and rationalize their “little, tiny, porky amendments” would be quite entertaining. What’s worse, there are Republicans and Democrats standing before the microphone, and only Senator John McCain seems willing to stand up to illuminate and condemn earmarks for what they are – corruption at the expense of the People’s Treasury. In his weekly address, President Obama said, “The system we have now might work for the powerful and well-connected interests that have run Washington for far too long. But I don't. I work for the American people.” The President has already failed his 1st big test [374], I join Senator McCain to encourage the President to veto the omnibus appropriations bill [HR 1105] and to demand removal of all earmarks. Now is the time to draw the line he promised and not hide behind some lame excuse that the bill is a holdover from the last administration and Congress (a Democratic-dominated version, I might add).

Rush Hudson Limbaugh III pressed his “I want Obama to fail” mantra [371] at the Conservative Political Action Conference (CPAC) on Sunday, 1.March.2009. The performance was a particularly breathy rendition. Toward the end of his soliloquy, King Rush said, “They called General Petraeus a liar before he even testified. Mrs. Clinton said she had to willingly suspend disbelief in order to listen to Petraeus. We’re in the process of winning the war. The last thing they wanted was to win. They hoped George Bush failed. So what is so strange about being honest to say that I want Barack Obama to fail if his mission is to restructure and reform this country so that capitalism and individual liberty are not its foundation? Why would I want that to succeed?” My initial reaction was . . . damn, why does this blowhard not see the light? I have never been particularly impressed by or aligned with individuals of any ilk who are so ego-centric to place themselves above others. Yet, as is common to most political rhetoric, threads of truth bind the words into a common message. Rush is correct. The Democrats and uber-Left chanted incessantly and almost mindlessly against George W. Bush and against the War on Islamic Fascism. In that sense, Rush’s message was accurate . . . the last thing the Left wanted was to win the war. Hell, most refused to even admit that we are in a war. Nonetheless, I cannot accept and I condemn Limbaugh’s “Obama to fail” message. Two wrongs do not make a right. Limbaugh’s base assumption that Obama seeks to dismantle capitalism and individual liberty is fatally flawed, just as the uber-Left’s denial of war is wrong. I do not appreciate the Left-shift of the current administration, just as I did not like the Right-shift of the “W” regime. Rather than attacking, as has become the political performance standard since the days of Joe McCarthy, constructive contribution would be vastly more valuable in this time of war and economic distress. Then, to make matters worse, Republican National Committee Chairman Michael Stephen Steele tried to dampen the consequences of Limbaugh’s harsh rhetoric, only to be slapped down by the Republican leadership, and he was apparently forced to publicly apologize to Limbaugh. Rush may be content feeding red meat to the uber-Right, but he is doing very little to help this Grand Republic. The best I can say of this kerfuffle, iacta alea est – the die is cast. I will be happy to see my generation pass from the political arena; we have proven incapable of overcoming the politics of personal destruction and ideological rigidity. I hope and pray our children’s generation can find a wiser, more constructive path.

I sense a need to clarify my opinions. In the main, I see myself as a fiscal conservative; I want government out of our lives to the greatest extent possible; I believe in a free market economy. Yet, as I have written before, I also see a laissez-faire approach to a true free market in anarchistic terms, not unlike the lawlessness of the Wild, Wild West – survival of the fittest, anything goes. So, when the self-anointed, mouth-piece of the uber-Right ballyhoos the free market, I cringe. There is no question in my little pea-brain that the market place will eventually sort things out, even in the wake of destruction by criminals like Bernie Madoff and Bob Stanford. My primary, if not sole, worry with a true, free market remains collateral damage. We now have 12+ million productive citizens out of work – some in natural course, many as indirect consequence of unchecked greed. We had clues . . . irrational exuberance; now, we must suffer irrational pessimism. I have absolutely no objection to any citizen gambling with their money, but I do not want them gambling with my money. Nonetheless, we have a long way to go before this one is done.

News from the economic front:
-- A very interesting snapshot depiction of U.S. unemployment by county as of December 2008:
http://www.nytimes.com/interactive/2009/03/03/us/20090303_LEONHARDT.html?ex=1251176400&en=830f5dac50da04db&ei=5087&WT.mc_id=NYT-E-I-NYT-E-AT-0304-L6
-- American International Group (AIG) posted a US$62B net loss for the 4th Quarter alone. The Federal government announced its intention to pump another US$30B into the insurance company, now totaling more than US$150B, and the company must still “face significant challenges.” It would be easy to vilify companies like AIG. They got caught up in the same “irrational exuberance” that sucked in so many. Yet, the bottom line is, any company that is too big to fail is simply too big! But, now is not the time to stand on such righteousness.
-- Fed Chairman Bernanke told the Senate Budget Committee, “By supporting public and private spending, the fiscal package should provide a boost to demand and production over the next two years as well as mitigate the overall loss of employment and income that would otherwise occur," which appears to support the White House’s efforts to stimulate the economy, taking aggressive action to avoid an economic calamity.
-- As Merrill Lynch dashed head-long toward the abyss last year, 11 top executives were paid more than US$10M each in cash and stock, and 149 more received US$3M or more. From the Wall Street Journal: the top 10, highest-paid, Merrill executives received a total of US$209M in cash and stock in 2008, up slightly from US$201M a year earlier. In 2007, 28 Merrill employees were paid more than US$10M each.
[NOTE: I am staunch advocate for performance-based compensation, but only if it works on the downside as well as the upside. In 2008, Merrill executives should have been paying the company – receiving nothing.]
-- In the Federal Reserve's latest assessment of economic conditions, the contraction in U.S. economic output deepened in the first two months of the year with no turnaround expected anytime soon. Reports from the Fed’s beige book and its 12 regional banks “suggest that national economic conditions deteriorated further” in January through late February. The Fed also reported that the effects of the downturn appear to have spread beyond manufacturing and financial services.
-- The Bank of England (BoE) became the first European central bank to implement a quantitative easing policy, as it cut its key interest rate half a point to 0.5%, and said it would buy up to £75B (US$105B) mostly in medium and long-term gilts (bonds) over the next three months. The European Central Bank also cut its benchmark rate by 0.5% to 1.5%. After the BoE's moves, the pound slipped to US$1.4070, while the euro was trading around US$1.25.
-- The Bureau of Labor Statistics reported that the national unemployment rate surged last month to 8.1%, its highest level since 1983. U.S. non-farm payrolls dropped 651,000 in February – 12.5 million citizens unemployed. The economy has now shed 4.4 million jobs since the recession began in December 2007, with almost half of those losses occurring in the last three months alone.

L’Affaire Madoff [365]:
-- Ruth Madoff, wife of Bernie, wants to retain US$62M in assets and two homes, which she claims are hers separately from her indicted husband. Not only do I hope the USG show no mercy to Ruthie, I strongly suspect she shares culpability or at least duplicity in the massive swindle. I hope they prosecute her and throw her butt in prison along with her husband. And, if not prosecuted, she can find a simple studio apartment in Harlem to live out her days. Those assets belong to the people Bernie swindled.
-- At the end of the week, we hear that Bernie has a court date next Thursday, where he is expected to plead guilty to fraud charges as part of a plea deal. So far, I can only imagine what that plea deal entails, but I suspect it will involve some protection from prosecution for his wife and perhaps other family members, and maybe even protection of some assets. I want the USG to go after every last dime Ruth & Bernie Madoff stole from trusting people. Governments and banks will divvy up what is left, so I doubt individuals or groups will yield anything from this fiasco.

Comments and contributions from Update no.376:
“Morning Cap, can’t vouch for the authenticity of this but can easily be checked. Interesting though.”
The attached quote:
“Owners of capital will stimulate the working class to buy more and more of expensive goods, houses and mechanical products, pushing them to take more and more expensive credits, until their debt becomes unbearable. The unpaid debt will lead to bankruptcy of banks, which will have to be nationalized, and the State will have to take the road which will eventually lead to communism.”
-- Karl Marx, Das Kapital, 1867
My reply:
I have tried a variety of search routines on the text of Das Kapital. I cannot find the quotation in the text of Marx’s seminal work. I can see a plethora of cyber-space reproductions and transmittals, but I cannot find it in Marx’s words.
The attribution would be profoundly prophetic, if real, and it certainly has a ring of reality in the notion. Alas, I believe the quotation is a contemporary creation, not a product of Karl Marx.
I can make no claim to being an expert on Marxism, Communism, or even mid-19th Century life. However, the construct of credit usage by the working class does not strike me as factual for that time frame. Nonetheless, the ‘quotation’ does reflect today’s unfortunate economic crisis, and we have those with massive wealth trying to convince the rest of us that truly free, unfettered markets are the answer to our dreams.
. . . a follow-up comment:
“Yes I concur, the reference to credit on those times did concern me, but it was worth sending to you for your comments.”

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

02 March 2009

Update no.376

Update from the Heartland
No.376
23.2.09 – 1.3.09
Blog version: http://heartlandupdate.blogspot.com/
To all,
The follow-up news items:
-- President Obama chose Marine Corps Base Camp Lejune, North Carolina, to publicly announce plans to withdraw combat troops from Iraq and to proclaim an end to the Battle of Iraq by 31.August.2010. I have voiced my objections to such pronouncements as pabulum for the uber-Left and generally not a wise choice in military operations. If the President is intent upon ending our involvement in Iraq, then our interests would have better served by gradually withdrawing troops and announcing the completion when it was done. I think the President was wrong. Now, we must hope things work out as he intends, and I hope he is wise enough to see beyond what I see.

President Obama addressed a joint session of Congress – a State of the Union type message. It was a typical Obama speech – full of hope and good wishes. The rhetoric will be judged by history in the harsh light of reality. It is hard to criticize words of hope, but I will. The President chose to join the foolishness in Congress, maligning the business aviation industry. Few citizens beyond the industry seem to understand what corporate aircraft are all about. The Press and the Public apparently see corporate jets as luxury perks of the wealthy leadership. Congress has no guilt whatsoever using corporate jets for their “personal” use. The President has the ultimate corporate jet. Business aircraft are efficiency amplifiers, not luxury perks. Nonetheless, all the flowery oratory will only last so long. He will either deliver or be judged a failure. The Republicans chose Governor Piyush “Bobby” Jindal of Louisiana for the opposition response. Perhaps it was the contrast with the President. Perhaps it was the awkward symbology of his entrance. Perhaps it was his disjointed, ill-timed, uncomfortable speaking style. Whatever it was, Jindal’s message was lost in the peculiar speech. Jindal may be an intelligent, effective politician, but he is no match for Obama when it comes to public speaking.

Early on, I decided to hold my fire and keep my powder dry regarding the cacophony of racial accusations, condemnations, ruminations and cogitations in the last couple of weeks. Then, I read the following opinion column.
“Furor over cartoon shows racial divide”
by Clarence Page
Wichita Eagle
Published: February 25, 2009; Page 7A
http://www.kansas.com/opinion/story/711387.html
The column title in our local newspaper caught my attention for a host of reasons, but it was the contrasting title of the exact same column as originally published that sent me over the top.
“At least the ‘chimp’ cartoon got us talking”
by Clarence Page
Chicago Tribune
Published: February 22, 2009
http://www.chicagotribune.com/news/columnists/chi-oped0222pagefeb22,0,5532821.column
This whole brouhaha seemed to erupt from remarks made by Attorney General Eric Himpton Holder, Jr. during a speech on Wednesday, 18.February.2009, at the Justice Department, commemorating Black History Month (February), in which he challenged us as “essentially a nation of cowards” for not discussing race and for living “voluntarily socially segregated.” I have listened to portions of the speech and read the transcript, and in the main, I heartily endorse Eric’s message, although I think his choice of words was most unfortunate and distracting. And, as the comedians say, timing is everything. On the very same day, a Sean Delonas cartoon was published in the New York Post, depicting two cops shooting a chimpanzee (another recent story) and referring to the new stimulus law. The cartoon apparently intended criticism of the government’s economic action, but the choice of characters smacked of past racial stereotyping and slurs from this country’s history. Clarence Page tried to echo Eric Holder’s admonition to face racism head-on, yet the Wichita Eagle chose a title that conveys a contrary tone, which seems to conflict with the message. I criticized Rush Limbaugh for his poor choice of words [371] and was taken to task for not transmitting the context of Rush’s statement. The same criticism I leveled at Rush must also be applied to Eric Holder and the Wichita Eagle. The latest kerfuffle over the Delonas cartoon reminds me of the flip side version – the Muhammad cartoons published in the Danish newspaper Jyllands-Posten on 30 September 2005 [218] – and the furor in the Muslim world including violent protests by people who never saw the cartoon – they were incited. There were 12 cartoons published that day, but one attracted the most attention – “Cartoon 7,” depicting Muhammad with a bomb in his turban and “peace be upon him” written in Arabic on the front of his turban. Either we believe in freedom of speech or we do not. The image/words of the Delonas cartoon are no different from “Cartoon 7” – they may be in poor taste like Limbaugh’s and Holder’s words, but they are not wrong or over the threshold. Likewise, we must get the hypocrisy out of our rhetoric, and public proclamations and protestations; we must stop hiding behind feel-good political correctness. You may have noticed that I no longer use or recognize superfluous social labels like African-American, Asian-American, Gay-American, Hispanic-American. We are either Americans, or we are not; there are no subsets, or artificial, divisive, meaning-less labels. I was recently reminded of a magnificent interview of Morgan Porterfield Freeman, Jr., which articulates far better than me the necessity of moving passed racial divisions. Please listen to the video clip from that 18.December.2005 interview:
http://www.cbsnews.com/video/watch/?id=1131418n
The national debate regarding race in the public domain must focus on real issues rather than the symbology of words and images. Eric Holder and Clarence Page have valid points for the national debate. Race is one of the social factors. People have every right to hold racist bigoted thoughts and avoid associations based on race, as they choose. However, reflection of bigotry into action that might cause injury is simply not acceptable. We must defend “Muhammad” and the “Chimp-Stimulus” cartoons equally. We need that freedom. As the kids say, “let’s get real.”

President Obama nominated former Governor Gary Faye Locke of Washington to be Secretary of Commerce, replacing Senator Gregg [373, 374] and Governor Richardson [364, 368]. I hope this choice works out for the President. I remain quite concerned about various Press reports that the administration wants the Census Bureau to report to the White House Chief of Staff for the 2010 census, rather the Commerce Department as it has been for decades. Politicizing the census is wrong in the worst, most cynical way.

President Obama also nominated Governor Kathleen Sebelius (née Gilligan) of Kansas to be Secretary of Health and Human Services to replace former SenatorTom Daschle [372-3]. Sebelius is a two-term, Democratic governor in a pretty Red State, which by itself is an accomplishment. We shall soon be bear witness to another analysis of a political life. And, the Associated Press reports anti-choice groups are planning vigorous protests and objections to the Sebelius nomination. C’est la vie!

News from the economic front:
-- Several recent polls suggest broad, popular support for the President’s ARRP. The uber-Right talking heads proclaim the beginning of a socialist or even a communist state in this Grand Republic – take from the rich and give to the poor. I am not pleased with “those little, tiny, porky amendments” [374] that survived, but at least they pared back a chunk from the original versions. The dangerous aspect of the ARRP: unbridled credit got us into this situation, and now, we have the government borrowing even more. The central issue is confidence. If the President is successful in restoring confidence, as the polls may suggest, then, we shall give the President recognition for helping us return to prosperity quicker.
-- Federal Reserve Chairman Bernanke told the Senate Banking Committee that the U.S. is experiencing a “severe contraction,” and the contraction “appears to have continued into the first quarter of 2009.” What a surprise! I had no idea! Ben is predicting the recession should end this year, and 2010 “will be a year of recovery,” and here is the big if . . . if actions taken by the government yield some stabilization in financial markets. Ben also testified that the government was not planning to nationalize the banks. Whew!
-- The National Association of Realtors reported that existing home sales fell 5.3% in January, to an annual rate of 4.49 million units, from a 4.74 million rate in December. It was the weakest showing since July 1997. About 45% of total sales involved distressed property transactions, including foreclosures. The median sales price continued to contract to $170,300 from $199,800 a year earlier and $175,700 in December 2008.
-- Swiss bank UBS AG announced the latest shake-up in its top executive ranks after being battered by massive write-downs and its role in a U.S. tax-evasion. CEO Marcel Rohner is being replaced by Oswald Grubel, 65, who had been CEO at Swiss rival Credit Suisse Group until he retired in 2007.
-- The Edinburgh-based Royal Bank of Scotland (RBS) Group announced its restructuring after posting the UK’s largest-ever corporate loss for the full year – £24B compared with a net profit of £7B in 2007. RBS is bundling its troubled operations into a non-core unit, equivalent to about 20% of its total assets – £240B (US$341B) – with the intention of disposing of them in the next three to five years. RBS also said it will radically reform its global banking and markets operations, centering on the UK with smaller, more focused, global operations.
-- The administration submitted a US$3.6T budget with an intended US$1.7T deficit, reportedly replete with more social spending on a broad variety of typical left-of-center programs. Oddly, the budget predicts the deficit shrinking to US$533B by 2013, based on projected economic recovery late this year. To say big government is back may be a serious understatement. Let us not forget that the Bush administration allowed a Republican Congress run up deficits with pork spending on their projects, on top of the gargantuan war spending. How are we ever going to trust a politician to return us to fiscal responsibility?
-- In a sad product of our time, E.W. Scripps closed down the 150-year-old daily newspaper Rocky Mountain News (Denver) – its final edition on Friday. The Hearst Corporation indicated it may have to close the San Francisco Chronicle, unless it can rapidly slash costs. Four newspaper owners have filed for bankruptcy protection since December:
Tribune Co., owner of the Chicago Tribune and Los Angeles Times;
closely held Star Tribune newspaper in Minneapolis;
the Philadelphia Inquirer and Philadelphia Daily News; and
Journal Register Co. owner New Haven Register.
The Seattle Intelligencer is also reportedly in trouble. We need newspapers. These failures do not bode well for the Fourth Estate. Our freedom will be diminished without a robust Press.
-- The USG (Treasury) has apparently reached a deal with Citigroup to convert its special preferred stock from earlier TARP funds into common stock, which would give the government a 36% stake in the bank. The government will be the single largest voting stockholder in the company, and the Board has agreed to restructuring to allow government-appointed directors. But, the government isn’t nationalizing the bank. I sure hope we are not parsing words here.
-- Quasi-governmental, mortgage giant Fannie Mae posted a 4th Quarter net loss of US$25B, amid massive fair-value losses and credit-related expenses. The loss narrowed from the 3rd Quarter and revenue increased as they reported improved access to credit markets since late November. The company also submitted a request for an additional US$15B in Treasury funds, to help reduce its net worth deficit. Are we approaching the bottom, yet?
-- The Commerce Department reported the Gross Domestic Product (GDP) decreased at a seasonally adjusted 6.2% annual rate in the 4th Quarter, revised from its original estimate, a month ago, that the 4th Quarter 2008 GDP fell 3.8%. The sharply lower revision reflected downward adjustments to inventory investment, exports and consumer spending. This was the worst quarterly GDP contraction since a 6.4% decrease in the 1st Quarter 1982 GDP.
-- Warren Buffett’s holding company, Berkshire Hathaway, reported its worst year ever in 2008, with its net falling to US$4.99B from US$13.21B in 2007. The company’s book value per share declined 9.6% – performance far better than the S&P 500 stock index but only the 2nd negative year since the Oracle of Ohama took over in 1965. Buffet predicted the economy “will be in shambles throughout 2009 -- and, for that matter, probably well beyond.” He closed on an upbeat note, saying we should “never forget that our country has faced far worse travails in the past. . . . without fail, however, we’ve overcome them.”

The Blago Scandal [365]:
“Burris's Final Act”
by Eugene Robinson
Op-Ed columnist
Washington Post
Published: Friday, February 20, 2009; Page A23
http://www.washingtonpost.com/wp-dyn/content/article/2009/02/19/AR2009021902580.html?wpisrc=newsletter
Robinson said, “This may be stating the obvious, but Roland Burris needs to stop explaining and start packing. The woefully forgetful Illinois senator should go home and stay there, and I'd advise taking a vow of silence as well.”
‘Nuf said for me.
-- The senior senator from Illinois Dick Durbin joined the growing chorus of politicians advocating Roland Burris resign.

The Stanford Fraud [375]:
-- Laura Pendergest-Holt, Stanford Financial’s chief investment officer, was arrested and charged with obstruction in an investigation by the Securities and Exchange Commission.

No comments or contributions from Update no.375.

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