Update from the Heartland
No.394
29.6.09 – 5.7.09
Blog version: http://heartlandupdate.blogspot.com/
No.394
29.6.09 – 5.7.09
Blog version: http://heartlandupdate.blogspot.com/
To all,
Independence Day – 233 years – and, the journey has only just begun.
We celebrated the day with our family & friends. We had a small feast. Our oldest grandchild Aspen Shae volunteered for the honor of reading the Declaration of Independence this year. Last time, two years ago, she read the preamble. This time, 12-year-old Aspen Shae read the entire document from “When in the course . . .” to “our sacred honor.” We were all very proud of her . . . brought tears of joy to my eyes – a new generation has picked up the banner of tradition and remembrance. Then, we blasted off a small fortune of fireworks from the street in front our home. We all had a grand ol' time in celebration of our independence from Mother England. I hope your celebration was equally as glorious . . . well, at least those of us in the colonies.
The follow-up news items:
-- The Minnesota Supreme Court issued their ruling on Tuesday, in the case of Coleman v. Franken [MN SC A09-697 (2009)] stating, “[W]e affirm the decision of the trial court that Al Franken received the highest number of votes legally cast and is entitled under Minn. Stat. § 204C.40 (2008) to receive the certificate of election as United States Senator from the State of Minnesota.” After the court’s judgment, incumbent, Senator Norm Coleman conceded the election. Senator-elect Alan Stuart Franken [369] is expected to be sworn in to fill the state’s vacant seat, eight months after the contested election. Minnesota will finally be returned to full representation.
-- The Iraqi government declared Tuesday, 30.June.2009, National Sovereignty Day, as U.S. (Allied) forces withdrew from all major cities and turned over security responsibility to the Iraqis (deadline at midnight) – six years after Allied forces ousted the Iraqi dictator, Saddam Hussein [069]. Let us acknowledge that we have President Bush, General Petraeus and the surge by U.S. combat forces to thank for the day.
-- Protests in Iran continue as the government declared the election final [391] and no fraud detected. I am so relieved! The root of the protests appears to be women, choosing the election protest to demonstrate their demands for equal rights in defiance of the theocratic dictatorship and fundamentalist interpretation of Sharia law.
-- The fate of Air France Flight 447 [391] continues to unfold. The search for the airplane’s Flight Data Recorder (FDR) and Cockpit Voice Recorder (CVR) will continue through 10.July. The surface search for debris is nearing the end. The available evidence appears to be quite conflicting. However, France’s Bureau d’Enquêtes et d’Analyses (BEA) – equivalent to the U.S. NTSB – lead investigator Alain Bouillard has suggested that the airplane may not have suffered an in-flight break-up, but plunged vertically into the Atlantic Ocean. The airplane’s airspeed indicating system remains a central focus of the investigation. A lot of folks are paying close attention to this event.
-- Governor Sarah Palin of Alaska [350] – 2008 Republican vice presidential candidate – announced on Friday in Johnson-esque fashion that she would not seek re-election to a second term, and she intended to resign her office at the end of the month. She was not particularly explanatory in her announcement. My guess – Sarah has placed an all-in gamble for the 2012 presidential election. This is going to be interesting to watch. However, I truly hope she is not heading us into another multi-year presidential campaign; the last one verged on unbearable.
-- Another opinion in the continuing debate regarding the military and “Don’t Ask, Don’t Tell” [312, et al]:
“Open the Military Closet”
by Richard Cohen – Op-Ed Columnist
Washington Post
Published: Tuesday, June 30, 2009
http://www.washingtonpost.com/wp-dyn/content/article/2009/06/29/AR2009062903459.html?wpisrc=newsletter
-- A friend and contributor “stumbled” across this opinion regarding the legalization of psychotropic substances [119, et al]:
“Drug Freedom Works in Portugal”
by Robert Arthur, AKA Narco Polo
a blog – Narco Polo
Posted on April 6, 2009
http://suburra.com/blog/2009/04/06/drug-freedom-works-in-portugal/
A reinforced regiment of Marines launched Operation KHANJAR (Strike of the Sword) along the volatile Helmand River valley in Helmand Province, Afghanistan – the first large-scale test of the new counterinsurgency strategy – reportedly clear, pacify and hold. We shall see how the change in strategy turns out in the Battle for Afghanistan.
On 8.October.2003, then 13-year-old, middle school student, Savana Redding was removed from class, questioned regarding impermissible, prescription-strength medications, and ultimately subjected to a quasi-strip search . . . all based on the accusation of a single, fellow student caught with a pill in question. As a consequence, Savana’s family filed suit on her behalf against the school district and its officials involved, claiming their daughter’s 4th Amendment rights had been violated. The district court found in the school’s favor, however the 9th Circuit reversed the district court ruling. The Supremes reversed the 9th Circuit and remanded the case for consideration of school district’s liability (not the school officials involved) – Safford Unified School District no.1 v. Redding [557 U.S. ___ (2009); no. 08-479]. Associate Justice David Souter wrote the Court’s opinion, and concluded, “[T]he content of the suspicion failed to match the degree of intrusion.” As I read this decision, the same question kept coming to me; would I, or any other adult, be subjected to a strip or cavity search based on the simple accusation of another person? I think not. Why didn’t the school involve the parents, either to authorize or witness the search? I find it odd the school did not offer corroborating evidence, other than a general concern about increased prescription drug abuse that may have amplified their suspicions of Savana. I did not take the time to go back to the district and appeals court rulings to validate the observation, but the Supremes mentioned no such corroboration. Only Justice Thomas – one of the Federalists on the bench – believed the search of Savana Redding was “reasonable” under the 4th Amendment. Where were the parents is all this? Why wasn’t the conduct of the parents called into question? While I think the Supremes reached the correct and proper conclusion, this case does not offer much reassurance regarding the application of the State’s power to search a student’s person and belongings relative to illicit drugs.
Many talking heads and print pundits pointed to the Supreme Court’s ruling in District Attorney’s Office for the Third Judicial District v. Osborne [557 U.S. ___ (2009); no.08-6], as the Court’s insensitivity toward justice and the Court’s callous rejection of a convicted felon’s, self-paid (?), effort to exonerate himself from a heinous crime. Chief Justice Roberts noted in the Court’s opinion, “A criminal defendant proved guilty after a fair trial does not have the same liberty interests as a free man.” Associate Justice Alito summarized the essence of this ruling in his concurring opinion. “When a criminal defendant, for tactical purposes, passes up the opportunity for DNA testing at trial, that defendant, in my judgment, has no constitutional right to demand to perform DNA testing after conviction. Recognition of such a right would allow defendants to play games with the criminal justice system.” This was largely a procedural decision. Osborne had not availed himself of his habeas corpus right and sought to circumvent the state appeals process. More importantly although narrowly, the Supremes rejected any implicit right to re-try a clear conviction and the choices made during that trial.
News from the economic front:
-- The Xinhua News Agency state media apparatus of the People’s Republic of China announced that the government will postpone enforcement of a new, “Green Dam,” Internet filtering software on all new computers sold in the PRC. The Ministry of Industry and Information Technology decided to delay the plan, but did not offer rationale or intentions.
-- The Wall Street Journal reported that U.S. light vehicle sales remained below the 10 million annualized level in June. Ford beat expectations with only an 11% year-over-year decline, while GM, Toyota and Chrysler all could not meet depressed industry expectations. The sharp declines at GM and Chrysler, 33% and 42% respectively, were caused in part by tumbling fleet sales.
-- The Labor Department reported the economy lost another 467,000 jobs in June, and the national unemployment rate rose to 9.5 percent, its highest level in 26 years. We are not out of this one yet.
L’Affaire Madoff [365]:
-- U.S. District Judge Denny Chin sentenced convicted felon Bernard Madoff to the maximum 150 years in prison – a largely ceremonial sentence, since the 71-year-old convict is not likely to survive even a minimal sentence. Not that I am a vindictive person, but I look forward to the next step – where the Bureau of Prisons sends this bad man for the rest of his life. I trust the facility will be an appropriate hard-ball federal prison.
-- Ruth Madoff – wife (and in my opinion, co-conspirator) of convict Bernie – finally broke her silence with her first public statement. She said, “I am breaking my silence now, because my reluctance to speak has been interpreted as indifference or lack of sympathy for the victims of my husband Bernie’s crime, which is exactly the opposite of the truth.” She added, “Many of my husband’s investors were my close friends and family. And in the days since December, I have read, with immense pain, the wrenching stories of people whose life savings have evaporated because of his crime . . . . Nothing I can say seems sufficient regarding the daily suffering that all those innocent people are enduring because of my husband.” I disagree with Ruth. I think there is something she can say – “I confess my sins, guilt and culpability in aiding my husband’s crimes, and not doing anything to stop it or report it.” Unfortunately, I doubt she is so honorable.
The Stanford Fraud [375]:
-- U. S. District Court Judge David Hittner, Southern District of Texas, agreed with prosecutors and revoked Stanford’s bail bond, slapping him in jail pending trial. He will stay in jail until his trial is complete, and I expect he will eventually join Bernie in prison.
Comments and contributions from Update no.393:
“Thank you for the very relevant Goldwater quote. Barry Goldwater earned my respect, despite the large difference between his politics and mine. He supported freedom for everyone, not just for those like him, and he backed that up regardless of political cost. That makes him more worthy of my respect than most politicians, including the current and past Presidents back to at least Ford.
“The Times' report that decreased contraception has led to increased pregnancy among teenagers seems blindingly obvious to me, yet I know it will come as news to some. So many people need to seek out reality rather than believe blindly.
“Governor Sanford's saga makes a minor diversion as reported. I agree with you about the more central issue of responsibility to his constituents. Now to get those questions on network TV . . .”
My reply:
Barry Goldwater has always been a favorite of mine. I did campaign work for him in 1964 (before I could vote), and I met and talked with him for a few minutes. He was a very personable and generous man. I did not always agree with him, but he was a good citizen with good intentions.
I am far more interested in reality than the imposition of anyone else’s moral judgment and values. Some are far more outraged by his extra-marital affair, but I repeat my opinion that element is family matter only. We shall see how he fairs in this one.
My very best wishes to all. Take care of yourselves and each other.
Cheers,
Cap :-)
Independence Day – 233 years – and, the journey has only just begun.
We celebrated the day with our family & friends. We had a small feast. Our oldest grandchild Aspen Shae volunteered for the honor of reading the Declaration of Independence this year. Last time, two years ago, she read the preamble. This time, 12-year-old Aspen Shae read the entire document from “When in the course . . .” to “our sacred honor.” We were all very proud of her . . . brought tears of joy to my eyes – a new generation has picked up the banner of tradition and remembrance. Then, we blasted off a small fortune of fireworks from the street in front our home. We all had a grand ol' time in celebration of our independence from Mother England. I hope your celebration was equally as glorious . . . well, at least those of us in the colonies.
The follow-up news items:
-- The Minnesota Supreme Court issued their ruling on Tuesday, in the case of Coleman v. Franken [MN SC A09-697 (2009)] stating, “[W]e affirm the decision of the trial court that Al Franken received the highest number of votes legally cast and is entitled under Minn. Stat. § 204C.40 (2008) to receive the certificate of election as United States Senator from the State of Minnesota.” After the court’s judgment, incumbent, Senator Norm Coleman conceded the election. Senator-elect Alan Stuart Franken [369] is expected to be sworn in to fill the state’s vacant seat, eight months after the contested election. Minnesota will finally be returned to full representation.
-- The Iraqi government declared Tuesday, 30.June.2009, National Sovereignty Day, as U.S. (Allied) forces withdrew from all major cities and turned over security responsibility to the Iraqis (deadline at midnight) – six years after Allied forces ousted the Iraqi dictator, Saddam Hussein [069]. Let us acknowledge that we have President Bush, General Petraeus and the surge by U.S. combat forces to thank for the day.
-- Protests in Iran continue as the government declared the election final [391] and no fraud detected. I am so relieved! The root of the protests appears to be women, choosing the election protest to demonstrate their demands for equal rights in defiance of the theocratic dictatorship and fundamentalist interpretation of Sharia law.
-- The fate of Air France Flight 447 [391] continues to unfold. The search for the airplane’s Flight Data Recorder (FDR) and Cockpit Voice Recorder (CVR) will continue through 10.July. The surface search for debris is nearing the end. The available evidence appears to be quite conflicting. However, France’s Bureau d’Enquêtes et d’Analyses (BEA) – equivalent to the U.S. NTSB – lead investigator Alain Bouillard has suggested that the airplane may not have suffered an in-flight break-up, but plunged vertically into the Atlantic Ocean. The airplane’s airspeed indicating system remains a central focus of the investigation. A lot of folks are paying close attention to this event.
-- Governor Sarah Palin of Alaska [350] – 2008 Republican vice presidential candidate – announced on Friday in Johnson-esque fashion that she would not seek re-election to a second term, and she intended to resign her office at the end of the month. She was not particularly explanatory in her announcement. My guess – Sarah has placed an all-in gamble for the 2012 presidential election. This is going to be interesting to watch. However, I truly hope she is not heading us into another multi-year presidential campaign; the last one verged on unbearable.
-- Another opinion in the continuing debate regarding the military and “Don’t Ask, Don’t Tell” [312, et al]:
“Open the Military Closet”
by Richard Cohen – Op-Ed Columnist
Washington Post
Published: Tuesday, June 30, 2009
http://www.washingtonpost.com/wp-dyn/content/article/2009/06/29/AR2009062903459.html?wpisrc=newsletter
-- A friend and contributor “stumbled” across this opinion regarding the legalization of psychotropic substances [119, et al]:
“Drug Freedom Works in Portugal”
by Robert Arthur, AKA Narco Polo
a blog – Narco Polo
Posted on April 6, 2009
http://suburra.com/blog/2009/04/06/drug-freedom-works-in-portugal/
A reinforced regiment of Marines launched Operation KHANJAR (Strike of the Sword) along the volatile Helmand River valley in Helmand Province, Afghanistan – the first large-scale test of the new counterinsurgency strategy – reportedly clear, pacify and hold. We shall see how the change in strategy turns out in the Battle for Afghanistan.
On 8.October.2003, then 13-year-old, middle school student, Savana Redding was removed from class, questioned regarding impermissible, prescription-strength medications, and ultimately subjected to a quasi-strip search . . . all based on the accusation of a single, fellow student caught with a pill in question. As a consequence, Savana’s family filed suit on her behalf against the school district and its officials involved, claiming their daughter’s 4th Amendment rights had been violated. The district court found in the school’s favor, however the 9th Circuit reversed the district court ruling. The Supremes reversed the 9th Circuit and remanded the case for consideration of school district’s liability (not the school officials involved) – Safford Unified School District no.1 v. Redding [557 U.S. ___ (2009); no. 08-479]. Associate Justice David Souter wrote the Court’s opinion, and concluded, “[T]he content of the suspicion failed to match the degree of intrusion.” As I read this decision, the same question kept coming to me; would I, or any other adult, be subjected to a strip or cavity search based on the simple accusation of another person? I think not. Why didn’t the school involve the parents, either to authorize or witness the search? I find it odd the school did not offer corroborating evidence, other than a general concern about increased prescription drug abuse that may have amplified their suspicions of Savana. I did not take the time to go back to the district and appeals court rulings to validate the observation, but the Supremes mentioned no such corroboration. Only Justice Thomas – one of the Federalists on the bench – believed the search of Savana Redding was “reasonable” under the 4th Amendment. Where were the parents is all this? Why wasn’t the conduct of the parents called into question? While I think the Supremes reached the correct and proper conclusion, this case does not offer much reassurance regarding the application of the State’s power to search a student’s person and belongings relative to illicit drugs.
Many talking heads and print pundits pointed to the Supreme Court’s ruling in District Attorney’s Office for the Third Judicial District v. Osborne [557 U.S. ___ (2009); no.08-6], as the Court’s insensitivity toward justice and the Court’s callous rejection of a convicted felon’s, self-paid (?), effort to exonerate himself from a heinous crime. Chief Justice Roberts noted in the Court’s opinion, “A criminal defendant proved guilty after a fair trial does not have the same liberty interests as a free man.” Associate Justice Alito summarized the essence of this ruling in his concurring opinion. “When a criminal defendant, for tactical purposes, passes up the opportunity for DNA testing at trial, that defendant, in my judgment, has no constitutional right to demand to perform DNA testing after conviction. Recognition of such a right would allow defendants to play games with the criminal justice system.” This was largely a procedural decision. Osborne had not availed himself of his habeas corpus right and sought to circumvent the state appeals process. More importantly although narrowly, the Supremes rejected any implicit right to re-try a clear conviction and the choices made during that trial.
News from the economic front:
-- The Xinhua News Agency state media apparatus of the People’s Republic of China announced that the government will postpone enforcement of a new, “Green Dam,” Internet filtering software on all new computers sold in the PRC. The Ministry of Industry and Information Technology decided to delay the plan, but did not offer rationale or intentions.
-- The Wall Street Journal reported that U.S. light vehicle sales remained below the 10 million annualized level in June. Ford beat expectations with only an 11% year-over-year decline, while GM, Toyota and Chrysler all could not meet depressed industry expectations. The sharp declines at GM and Chrysler, 33% and 42% respectively, were caused in part by tumbling fleet sales.
-- The Labor Department reported the economy lost another 467,000 jobs in June, and the national unemployment rate rose to 9.5 percent, its highest level in 26 years. We are not out of this one yet.
L’Affaire Madoff [365]:
-- U.S. District Judge Denny Chin sentenced convicted felon Bernard Madoff to the maximum 150 years in prison – a largely ceremonial sentence, since the 71-year-old convict is not likely to survive even a minimal sentence. Not that I am a vindictive person, but I look forward to the next step – where the Bureau of Prisons sends this bad man for the rest of his life. I trust the facility will be an appropriate hard-ball federal prison.
-- Ruth Madoff – wife (and in my opinion, co-conspirator) of convict Bernie – finally broke her silence with her first public statement. She said, “I am breaking my silence now, because my reluctance to speak has been interpreted as indifference or lack of sympathy for the victims of my husband Bernie’s crime, which is exactly the opposite of the truth.” She added, “Many of my husband’s investors were my close friends and family. And in the days since December, I have read, with immense pain, the wrenching stories of people whose life savings have evaporated because of his crime . . . . Nothing I can say seems sufficient regarding the daily suffering that all those innocent people are enduring because of my husband.” I disagree with Ruth. I think there is something she can say – “I confess my sins, guilt and culpability in aiding my husband’s crimes, and not doing anything to stop it or report it.” Unfortunately, I doubt she is so honorable.
The Stanford Fraud [375]:
-- U. S. District Court Judge David Hittner, Southern District of Texas, agreed with prosecutors and revoked Stanford’s bail bond, slapping him in jail pending trial. He will stay in jail until his trial is complete, and I expect he will eventually join Bernie in prison.
Comments and contributions from Update no.393:
“Thank you for the very relevant Goldwater quote. Barry Goldwater earned my respect, despite the large difference between his politics and mine. He supported freedom for everyone, not just for those like him, and he backed that up regardless of political cost. That makes him more worthy of my respect than most politicians, including the current and past Presidents back to at least Ford.
“The Times' report that decreased contraception has led to increased pregnancy among teenagers seems blindingly obvious to me, yet I know it will come as news to some. So many people need to seek out reality rather than believe blindly.
“Governor Sanford's saga makes a minor diversion as reported. I agree with you about the more central issue of responsibility to his constituents. Now to get those questions on network TV . . .”
My reply:
Barry Goldwater has always been a favorite of mine. I did campaign work for him in 1964 (before I could vote), and I met and talked with him for a few minutes. He was a very personable and generous man. I did not always agree with him, but he was a good citizen with good intentions.
I am far more interested in reality than the imposition of anyone else’s moral judgment and values. Some are far more outraged by his extra-marital affair, but I repeat my opinion that element is family matter only. We shall see how he fairs in this one.
My very best wishes to all. Take care of yourselves and each other.
Cheers,
Cap :-)
4 comments:
I'm glad the Minnesota election is finally over.
The Iraqi withdrawal is a marketing ploy. The US troops are now "trainers" or "advisors" a la Vietnam, and the bases now border the city limits rather than being legally inside those cities.
Events in Iran continue to surprise me. People reach a point of defying pretty much anything, I guess. I hope the protestors win; if not, a bloodbath will ensue.
My hope is that Governor Palin has had enough pressure and is going back to her little town. I certainly agree with you than another multi-year election would be aggravating at best.
I suspect that Savana Redding's ugly introduction to the fears of school administrators is not nearly unusual enough. They respond to fear today much as they did forty years ago when I attended school. More than likely the parents were informed of all this after that fact, most likely by Savana. I applaud their willingness to pursue a remedy. Many parents would not have done anything.
MrMacnCheese,
I can understand your view of the withdrawal from Iraq, but I do not agree that it is a marketing ploy. I think urban security responsibility has been transferred from the Coalition to the Iraqi government. Yes, troops are still there. The transition is only a week old. I would consider it irresponsible to remove Coalition troops from the country, until we can all have some assurance things won’t go south.
I suspect Sarah Palin will not stay in Wasilla for long.
The courts have often used a prevailing assumption of schools hold in loco parentis responsibility de facto, if not under the law. I have never been comfortable with the assumption as it accepts a level of abdication by parents to the schools. I object to the assumption on many levels. Yet, this is the state in which we have placed public schools. The action in the case of Savanna Redding may have been appropriate is certain contexts, but the Court majority (5-4) concluded that the school’s action exceeded the available evidence and other potential remedies. On the other side of the ledger, the Press referred to Savanna’s experience as a strip search with implicit images of a naked, 13-year-old girl on display before gawking school officials. She was never naked. She was not touched. A female nurse with a female administrative assistant as a witness observed her pulled-away brassiere and waistband of her panties. Nonetheless, the Supremes determined that search was excessive and violated Savanna’s 4th Amendment protection. All in all, I return to the parents. Yes, thank goodness Savanna’s parents had the strength to file suit; however, they also hold some culpability in the incident, i.e., there were reasons Savanna found herself in that position, yet, none of those reasons were ever addressed. The Supremes reacted to the symptoms presented to them under established law. Society has a far larger problem we seem impotent to address.
As always, thank you for your opinions and comments.
Cheers,
Cap
re: "there were reasons Savana found herself in that position." I do not understand your implication here. How could the parents have controlled the other student who, upon being caught with prescription pills, implicated Savana, most likely out of panic?
MrMacnCheese,
First, before I offer my answer to your query, please allow me a preface. I have tried not to judge folks based on superficial or limited information. Yet, I have been a “where there’s smoke” kinda guy. That does not mean they are guilty of a crime necessarily, but conduct does lead folks toward certain situations. Further, as I know with accident investigations, there is always a sequence of events – a chain – acts of God, as we say, are rare – such that the removal of any one link can and probably would alter the outcome. Accident investigators look for those causal factors that lead to the conclusion. That said . . . to answer your query.
Although not contained in the Supreme Court’s ruling, I suspect there are a multitude of “dots” that led the school vice principal to believe that Marissa’s accusation (the other girl) was not only reasonable but accurate. If we look passed the surface facts, I think we will find Savanna had other behavioral indicators that would suggest deficient or aberrant conduct and parental contribution – complacency, acquiescence, apathy or such. This is a case where my notional social police thesis would have been quite helpful, if not decisive.
Regardless, the Court ruled as they had to according to the law. The dissenters were wrong for a host of reasons. Yet, the Redding case will chill the in loco parentis assumptions that public schools operate under, which in itself will not be helpful.
Lastly, the optimist in me would like to think a case like Redding might inspire citizens to amend the law to recognize and acknowledge that parents are responsible and accountable for the conduct of their children until they reach the age of majority.
That’s my answer, and I’m sticking to it. LOL Thx for yr continuing cmts.
Cheers,
Cap
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