25 January 2010

Update no.423

Update from the Heartland
No.423
18.1.10 – 24.1.10
Blog version: http://heartlandupdate.blogspot.com/
To all,
My spouse asked me to include a small side-note on a recent experience we had with an on-line business in hopes that it prevents others from experiencing the same issue:
We had ordered a plant delivery a week-ago Friday night through FTDFloristsOnline and requested that the plant be delivered the next day, Saturday. After receiving confirmation that the order was processed and would be delivered, we were very disappointed to find out that not only was it not delivered on Saturday OR Sunday, it was certainly not delivered until we made few phone calls chasing down the order. Finally, at 6 PM on Monday night, our children received their plant. A very disappointing performance from an on-line company. We sincerely hope your families do not have such an aggravating experience and hope this shared information helps in some manner.

The follow-up news items:
-- After all nine months of debate regarding health care reform [396 & sub], one special election in Massachusetts has apparently thrown the whole process out the window. Massachusetts State Senator Scott Philip Brown was elected to fill the seat of Senator Edward Kennedy, which is turn removed the bare, 60-seat Democratic Party majority in the Senate. The President rightly asked Congress not to attempt any knee-jerk shenanigans to pass health care reform before Brown can be seated. Then, the Speaker proclaimed that the House could not pass the Senate version. The path of compromise that might retain any meat in this legislation is not clear to me. The drama continues.
-- A series of Washington Post articles illuminated the less than professional electronic surveillance [156 & sub] conducted by the FBI.
“FBI broke law for years in phone record searches”
by John Solomon and Carrie Johnson
Washington Post
Published: Tuesday, January 19, 2010; page A01
http://www.washingtonpost.com/wp-dyn/content/article/2010/01/18/AR2010011803982.html
I can understand and even appreciate the motives of the FBI agents in the midst of the War on Islamic Fascism. Unfortunately, FBI agents are law enforcement, which in turn portends the heavy hand of the State. Perhaps we Americans are not capable of comprehending the reasons for an internal intelligence apparatus comparable to the British MI-5 organization. Regardless, given our current law enforcement configuration, we have no choice but to be outraged by the FBI’s flagrant violation of the law.
-- Large after-shocks rattled citizens and complicated recovery / relief efforts in Port-au-Prince, Haiti [422]. Of course, the Press continues to expect instant response and belittles the caution of relief workers. As I consider the calamity and the World’s efforts to help, I am reminded that life is hard despite our wishes to the contrary.

Perhaps we should listen to our children:
“Children Speak for Same-Sex Marriage”
by Sarah Wildman
New York Times
Published: January 20, 2010
http://www.nytimes.com/2010/01/21/fashion/21kids.html
We can learn from our children.

On Thursday, 21.January.2010, the Supremes issued their ruling in a major campaign financing case – Citizens United v. Federal Election Commission [558 U.S. ____ (2010); no. 08-205]. I have not completed my reading, as it is long and complex. The popular Press has seemed to declare the ruling a setback for democracy, and the President has vowed legislation to “fix” the problem. More to follow.

As noted in Update no. 421, the Prop H8 civil case – Perry v. Schwarzenegger – has begun after the Supremes quashed any attempt for We, the People, to the observe the process in this important case that goes far beyond the immediate topic at hand. The district court judge, affirmed by the 9th Circuit, decided to allow the proceedings to be broadcast via Internet streaming video. The Applicants who brought this case – Hollingsworth v. Perry [558 U.S. ____ (2010)] – are defendant-intervenors in Perry v. Schwarzenegger. The ruling centered upon an internal judicial procedure for changing courtroom rules. The Per Curiam decision stated, “The balance of equities favors applicants. While applicants have demonstrated the threat of harm they face if the trial is broadcast, respondents have not alleged any harm if the trial is not broadcast. The issue, moreover, must be resolved at this stage, for the injury likely cannot be undone once the broadcast takes place.” As I read the Supremes’ wisdom, I noted, “Oh really! They are comparing some unspecified, nebulous “threat” to heterosexual folks, to homosexuals being killed and persistently persecuted at the mercy of homophobic straight folks.” Writing for the dissent, Associate Justice Stephen Gerald Breyer observed, “This Court has no legal authority to address that larger policy question except insofar as it implicates a question of law.” He went onto state, “I can find no basis for the Court's conclusion that, were the transmissions to other courtrooms to take place, the applicants would suffer irreparable harm. Certainly there is no evidence that such harm could arise in this nonjury civil case from the simple fact of transmission itself.” This was a rather sad decision dripping in social politics that had very little to do with the law. Nonetheless, it is what it is; the Supremes have spoken; and, we shall not hear the testimony. Now, we wait patiently for the judge’s trial decision, which will undoubtedly be heard by the 9th Circuit and probably by the Supreme Court as well.

News from the economic front:
-- Citigroup recently repaid the remaining US$20B in TARP funds [358], although the Treasury Department still owns more than one-fourth of Citi's common stock. Citi reported a loss of US$7.57B, or 33 cents a share, from a previous year loss of US$17.26B, or $3.40 a share – the bank’s losses narrowed following prior-year write-downs as credit losses fell for a second-straight quarter. Revenue dropped 4.3% to US$5.41B. Loan-loss provisions were US$8.2B, down 36% from the prior year.
-- The European Commission cleared U.S. software giant Oracle to take over Sun Microsystems in a US$7.38B deal, ending a long, in-depth antitrust investigation over concerns that Oracle's acquisition of the world's leading open-source database MySQL would hamper competition in the database market.
-- President Obama proposed new rules designed to restrict the size and activities of the U.S.'s biggest banks that take deposits from customers, to be barred from investing on behalf of the bank itself – proprietary trading. The administration appears headed toward returning banking regulations to the Great Depression era. Wall Street did not take kindly to the news.
-- The Labor Department reported that initial claims for unemployment benefits rose by 36,000 to a seasonally adjusted 482,000, indicating economic recovery will be slow and jerky. Wall Street economists had expected a small drop.

Comments and contributions from Update no.422:
“What you hear on the major news channels (not Fox) and from the White House is not what he said.
“I happened to be listening to Rush for the original comments about Haiti and what he said, and continues to say, is that people should contribute generously to the organizations that are providing aid to Haiti, (Red Cross, Salvation Army, religious, private groups, etc) and NOT to the White House which will filter the monies through complex administrative organizations and we have already contributed thru our taxes to the government to the tune of “billions of aid monies”: use the monies you donate to the organizations.
“I would much rather contribute aid to Haiti, or any other disaster, to the religious groups, several in our local area, than to the White House.
I am thinking of switching to Apple in the future also since Sylvia has found it difficult to use MS. Let me know if there is a major difference and why you switched.”
My reply:
I did not hear Limbaugh’s opinion, but I did read the transcript. As always, we can spin it anyway we wish. Sure, the uber-Left is trying to vilify el-Rush-bo just as he works so hard to diminish the President or the Democrats. What I find disgusting in his words is the politicization of the tragedy . . . just as I criticized the uber-Left for their politicization of the Bush administration’s Katrina response. There is a time and a place for politics. The deaths of 100,000, perhaps a quarter million, people is categorically not the time. I listen to both the extreme Left and extreme Right; I can find little rational thought or compassion for mankind. I still condemn Rush Limbaugh’s political parochialism.
Regarding my computer switch, in short, I reached the end of my rope regarding the endless virus attacks and layers upon layers of virus-guards, spam-blockers, spyware, adware, ad nauseum. I could puke. I have been comfortable with the MS Office products (I used MS Word predominately) and Explorer. I am still adjusting to Word for Mac and Safari, but so far, I am impressed and very glad I made the move. There are some really neat features to the Mac. Like I said, the deciding factor for me was all the fruitless security crap with our PCs. Any other Qs, just come back.
. . . a follow-up comment:
“We can't always agree but I think that this is the first time in history that money was to be sent directly to the White House for aid. That seems pretty political, IMHO.”
“Will be interesting to see how the Dems try to ram through a bill before the new Senator is seated.
. . . and my follow-up reply:
I have not seen the details, so I do not know. In principle, I would agree; the opportunity for misuse / abuse and thus poor public perception is just too great. However, I am not willing to vilify the White House cuz el-Rush-bo says so; he has lost nearly all credibility from my perspective. POTUS could solve world hunger, and he have negative things to say . . . just cuz of politics, not rational thought.
Yes, with Brown’s election, the next few weeks are going to be very interesting, and probably quite telling. Let’s watch closely.

Another contribution:
“I made the switch long ago in 1988. Once you go MAC, you never go back. Highly recommend you load Fusion for running Windows since it does not take up a partition and the Apple guys I know who work for Apple use it. Fusion licensed the Bootcamp drivers. Works just as well, but you won't use Windows much in a few months.
“Happy New Year Marine. I just got off a Skype Chat with a USMC Company Commander in Afghanistan. Tough job. He's on his 4th tour and getting weary I think.”
My response:
So far so good. I’m still adjusting to the differences. I’ll look into Fusion. I’m in no hurry to complete the transition, so I’ll make sure everything works as I need it, before I release my PC. My big thing is security. I had just had enough of all the damn firewall, virus guard, security programs, et cetera.
I think we can both appreciate the likelihood of burn-out in our warriors. The only thing I can think of one primary answer – expansion of the force to increase the cycle time.
. . . a follow-up comment:
“Agreed on the expansion. We'll shall see what they do.
“After you get used to MAC, you will not use Windows much at all. But when you do, it will be free of all those troubles and will run faster whether you use Bootcamp or Fusion. I only use it for a couple of things anymore. That is why Fusion is so much better because I don't have to partition the disk and always have the space available.
“You'll get the hang of it and will wonder why it took you so long.”
. . . and my follow-up response:
Thx. I’m not there yet, but pedaling as fast as I can. I’ve already abandoned by PC laptop, and the PC desktop will be shutdown once I can transition files and get a few appls running. I need to get a Mac .wmv & .avi player; too many vids in the PC formats. Jeanne will still be using her Sony VAIO laptop, so if I need it for some reason, I can use hers. We also have PC’s at work, so I won’t be able to totally break free. In fact, it was my work & work files that delayed me making the move.

A different contribution:
“Good luck with making the transition! [My husband] uses and has used Apple Mac since day one (colleges tend to use Mac). He has a PowerBook G4 ‘laptop.’ He gets along great with it and he is far from being a computer jock. I, on the other hand, have been on PCs in general for much my history with computers. I think Mac has provided a better product since day one. Transitioning between PC and Mac can be a challenge (e.g, for me, no right and left click on a Mac). I have confidence that you will work it out in short order. It certainly won't be any worse that going from Windows XP to Vista...I still struggle with standard Office application functions in Vista as Microsoft's interpretation of intuitive does not mate with my intuition. Vista for me has been like going into your most frequented grocery store, and finding that they have completely changed their layout and moved everything around...everything you need/want is still there...you just have to LOOK for it (and when you find it, you ask yourself why did they put it there). A majority of the problem with the change lies with what you are used to, and what you have learned to do without even thinking about it for the most part. I usually dread OS upgrades/changes with Microsoft, which can render much of your current software obsolete. That is one thing with going to Mac...you will need all new applications built for Mac (probably new peripherals too - e.g., I always buy printers that are compatible with both PC and Mac). But even as a part-time Mac user trying to figure some things out on it over the years (loading up new applications, establishing connections with devices and network, etc.), I have come to appreciate how simple it is (as compared to a PC) to get the job at hand done. Mac seems to be very proficient at automating and completing tasks successfully with much of what went on being transparent to the user, making it unnecessary for the user to have to dig around in the documentation, consult with online help and blogs, or God forbid, call tech support to figure out what went wrong. Another great feature...[my husband] does not run any anti-virus / anti-anything software, which keeps his computer FAST, and he has never had any problems with corruption. Have patience (you probably won't need too much), and I think you will be happy with your Mac(s).”
My reply:
Thanks for your views of the Mac. I am slowly adjusting. There are still things I can only do on a PC so far. Our middle son is helping me get things configured the way I need them, and the more I explore the better I like it. Yes, precisely, all the anti-virus, anti-spam, anti-spyware, firewall security crap on a PC just got to be too much. It is nice to have a freer, more open environment to work. I probably won’t switch off my home PC for another month or so, but I will get there.

Another comment:
“I too have just made the change (following a lightning strike that destroyed most of my office equipment)! Immediately wasted about ten hours with ISP technicians and three more with Apple technicians trying to get my Macbook Safari to work with the 2Wire modem/router I had just gotten. I have a temporary fix now, I'm told.
“Not so much in response to anything you have posited, but as a frustrating realization regarding international efforts to help the hapless citizens of that forlorn and perpetually poor "state" called Haiti:
“If we were to even offer to take the thousands of FEMA trailers stored at great expense on acres of opportunistic Mississippian's land and load them onto hundreds of idle barges parked along our great river for towing to Haiti during the next calm week in the Caribbean, we'd quickly be accused of trying to poison those poor souls with the formaldehyde that instead will be inhaled by unfortunate end buyers of the units FEMA
is auctioning off by the hundreds for pennies on the dollar.
“Another thing: Am I actually hearing "demands" that the U.S. hurry up and do something, even as we pour hundreds of millions of taxpayer's money from our treasury and more from generous gifts of our citizens into the relief effort?
“Oh well, maybe we are doing the best we can.”
My response:
We were on the AT&T 2Wire system until the move. We are now using Cox Cable services along with the Cisco wireless router connected to the cable. The Macs are on wireless and running great. Nice to not have all that security crap.
No matter what is done, someone is going to be unhappy. What I find abhorrent are the Robertson / Limbaugh comments which are parochialism for religious or political purposes that serves no purpose other than those ego-centric ends that fosters such parochialism; they certainly do not help the suffering folks.

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

18 January 2010

Update no.422

Update from the Heartland
No.422
11.1.10 – 17.1.10
Blog version: http://heartlandupdate.blogspot.com/
To all,
NOTE: I am in the process of transitioning from 25 years of using a PC to Apple Mac for both my desktop and portable (as Apple likes to call a laptop), which has consumed part of my capacity. While I am not creating many comments or opinions on various topics of the day, I urge anyone to raise topics as they strike you. Thank you for your tolerance and participation.

The follow-up news items:
-- A worthy, thoughtful assessment of the problem [419 & sub]:
“Airline Security: Gentle Solutions to a Vexing Problem”
by Fred Burton and Ben West
Strategic Forecasting, Inc.
Published: January 13, 2010; 21:30 GMT
http://www.stratfor.com/weekly/20100113_airline_security_gentle_solutions_vexing_problem
-- The health care reform legislative [396 & sub] process and especially the exemptions for Nebraska and now union members, along with all the secret backroom dealing going on gives me a mind-numbing headache and gut-twisting nausea. Sausage making is a disgusting business. I want to live long enough to see if all this crap will be worth it. Now, we can only hope.
-- Recriminations continue in the aftermath of the Fort Hood massacre [412 & sub] as the Press reported on a Pentagon assessment critical of Army officers who failed to respond properly to clear, religious radicalization indications in Hasan. I have not read the report. I suspect some criticism is appropriate, but I also think there are larger systemic problems, not least of which are Intelligence Community improvements

I do not have any meaningful comments regarding tragic events in Port-au-Prince, Haiti, amid the destruction wrought by the comparatively shallow, 7.0 magnitude earthquake Tuesday afternoon. I understand why POTUS decided to deploy elements of the 2nd Marine Division and the 82nd Airborne Division, and to give command to the deputy commander of South Command. I trust the lads will make a difference and get things under control. My objective for comment at this juncture comes in condemnation in the strongest terms the infantile, ignorant, sanctimonious drivel of Pat Robertson and Rush Limbaugh. Is this really what political and religious dogma and parochialism has come to?

Under the fallout of betrayal by Jordanian Doctor Humam Khalil Abu-Mulal al-Balawi, once again, Strategic Forecasting offers us a sober, non-partisan assessment.
“The Khost Attack and the Intelligence War Challenge”
by George Friedman and Scott Stewart
Strategic Forecasting, Inc.
Published: January 11, 2010
http://www.stratfor.com/weekly/20100111_khost_attack_and_intelligence_war_challenge

News from the economic front:
-- The U.S. trade deficit increased more than expected to US$36B in November, on higher oil prices. Exports grew 0.9% from a month earlier to US$138B -- the highest level in a year; however, imports rose 2.6% to US$174B. On the positive side, the deficit with the PRC decreased to US$20B, as exports to China rose to a record US$7.33B.
-- A proposed new "financial crisis responsibility fee" [tax] would force about 50 banks, insurance companies and large broker-dealers to collectively pay the federal government roughly US$90B over 10 years. Of the 50 companies, about 35 would be U.S. companies and 10 to 15 would be U.S. subsidiaries of foreign financial firms.
-- U.S. retail sales decreased unexpectedly by 0.3% in December, lower than economist’s expectations. However, November sales were adjusted upward to a 1.8% from the original estimate of a 1.3% gain.
-- New U.S. unemployment claims unexpectedly increased last week by 11,000. But a drop in the four-week moving average to its lowest level since August 2008 showed claims are still trending downward. Total claims lasting more than one week decreased. These are not exactly glowing statistics, but still rays of sunlight toward the end of the storm.
-- Major U.S. banks and securities firms appear to be headed toward paying their employees roughly US$145B in bonus compensation for 2009, despite the outrage of We, the People. These guys simple do not get it – their “Qu'ils mangent de la brioche” [Let them eat cake!] mentality deserves our disdain.
-- U.S. consumer prices rose less than expected in December from November.
-- Inflation rose a modest 2.7% in 2009, with wages decreasing by 1.6%.

Comments and contributions from Update no.421:
From the Blog:
“I am going to suggest extreme caution before anyone advocates either ‘preventive detention’ or the use of federal troops in any civilian situation. The entire history of tyranny involves both of those.
“I have no clue how you reconcile ever-increasing power for the military and intelligence establishments with your positions on personal freedoms. That is a conflict.”
My reply to the Blog:
Spot on, my friend! Tyranny is indeed replete with common threads “preventive detention” and the king’s loyalty squads being just two. I feel the irreconcilable conflict you illuminate. I am constantly challenged to find a solution. The best I have arrived at so far is the need for a rather firm, if not solid, wall between intelligence and prosecution. The FISA court was a lame attempt and not worthy of refinement. Part of that wall is protecting the source & methods from the politicos and the prosecutors. For example, if NSA intercepted a communication from an American citizen to an al-Qaeda leader, the most that could or should be passed to law enforcement might be the identity of the American and a flag for law enforcement to pay attention to the individual. Law enforcement would have to develop their evidence and actions totally independent from the intelligence source clue. An intelligence source clue could / should not be used as justification for a warrant request. IMHO, far too many people have access to un-scrubbed classified material, and the fact that any intelligence material lands in the hands of the Press is downright unpatriotic and destructive. We are a long way from having a balanced, stable relationship between law enforcement and the intelligence community. So, you cannot reconcile my opinions on privacy with my opinions on intelligence; neither can I, and the struggle continues.

Another comment to the Blog:
“Hi from a snowy/cold/depressed U/K.
“We've no salt for our roads, no leadership from our exceptionally bland politicians, no cash in the bank and a national debt running into billions of £s.
“I expect we'll muddle through as the British people have traditionally done. I remember a Dutchman who worked in our stores at a base in Germany.
“One of his favourite statements was, ‘No wonder you won the war even in peace time you practice chaos.!’”
My response to the Blog:
I can relate to the Dutchman’s comment. Chaos is opportunity.

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

11 January 2010

Update no.421

Update from the Heartland
No.421
4.1.10 – 10.1.10
Blog version: http://heartlandupdate.blogspot.com/
To all,
The follow-up news items:
-- The convulsions in the aftermath of the Christmas Day bombing attempt [419 & sub] continues unabated and probably will for quite some time . . . and rightly so. I offer a series of relevant articles (by no means an exhaustive listing but representative of the spectrum) for those who might be interested.
** Nightwatch Intelligence Summary
http://nightwatch.afcea.org/NightWatch_20091230.htm
** “The Christmas Day Airliner Attack and the Intelligence Process”
by George Friedman
Strategic Forecasting, Inc.
Published: January 4, 2010; 18:40 GMT
http://www.stratfor.com/weekly/20100104_christmas_day_airliner_attack_and_intelligence_process
** “Human Rights Gagged MI5 Over Abdulmutallab -- Intelligence on Muslim radicals cannot be passed to the US because of privacy fears”
by David Leppard and Hala Jaber
[London] Sunday Times
January 10, 2010
http://www.timesonline.co.uk/tol/news/politics/article6982393.ece
** “9/11 and Christmas 2009: Two Examples of a Failure of Intelligence”
by Melvin A. Goodman
truthout - report
Published: Monday 04 January 2010
http://www.truthout.org/104094
We will continue to experience these probes and challenges to our way of life. Clearly, our intelligence and security apparati did not perform as we expect or even as they would expect during the weeks and days prior to Christmas 2009. Yet, the worst element came from the Times and the apparent gagging of MI5 due to human rights and privacy concerns, which can be translated to mean the Americans cannot be trusted with sensitive intelligence information. If I was POTUS, I would be far more concerned about our damaged relationship with key allies and specifically our allied intelligence agencies. Defending against a lone, suicidal, terrorist operative demands multiple layers and as many collaborative, cooperative brains as possible on those who would harm us. Sadly, I suspect a more troubling reality beyond the public facts to date. Abdulmutallab was the executioner of the moment. Further, I believe there were numerous others who took components of this type of device on airliners through various airports to establish that the assembled device used by Abdulmutallab would not likely be detected. Al-Qaeda’s reconnaissance and probing activities were successful; Abdulmutallab was not detected. Luckily, his device burned rather than exploded. I trust the Executive has begun improvement of the Intelligence Community. I hope Congress will refrain from the foolish, short-sighted, knee-jerk, reaction of the Church Committee reforms of the late 1970’s.

From my comments on the Intelligence Community above, here are some reasonable changes worth consideration and debate.
“The New Rules Of Engagement - Nine imperatives for our post-9/11 world”
by Philip Bobbitt
Newsweek
Published: January 2, 2010; from the magazine issue dated: Jan 11, 2010
http://www.newsweek.com/id/229046
-- Statutory rules to authorize preventive detentions
-- A special Article III court to try terrorists
-- Regulations strengthening external oversight of data mining
-- Addressing the privacy concerns that have prevented the installation of millimeter-wave scanners
-- A national ID card law
-- Adoption of the isolation-and-quarantine statute
-- Establish new laws to govern the use of federal troops in disasters
-- Mandatory insurance for critical infrastructure
-- New rules governing the replacement of members of Congress, the Supreme Court, and the executive branch.

“The Conservative Case for Gay Marriage - Why same-sex marriage is an American value”
by Theodore B. Olson
Newsweek
Published January 9, 2010; from the magazine issue dated Jan 18, 2010
http://www.newsweek.com/id/229957
You may recall that Ted Olson and David Boies have pressed a Federal case [397] against the California Prop H8 [360]. Ted concludes his essay, “Americans who believe in the words of the Declaration of Independence, in Lincoln's Gettysburg Address, in the 14th Amendment, and in the Constitution's guarantees of equal protection and equal dignity before the law cannot sit by while this wrong continues. This is not a conservative or liberal issue; it is an American one, and it is time that we, as Americans, embraced it.” The trial of Perry v. Schwarzenegger before Federal District Judge Vaughn R. Walker will begin tomorrow. This is will an extraordinarily important case and likely destined for the Supremes.

Another important article to help us think and hopefully to find more tolerance in our heart for those who choose a non-traditional path.
“Love’s new frontier – It’s not monogamy. But it’s not cheating or polygamy, either. It’s called polyamory, and with hundreds practicing the lifestyle in and around Boston, is liberal Massachusetts ready to accept it?”
by Sandra A. Miller
Boston Globe
Published: January 3, 2010
http://www.boston.com/bostonglobe/magazine/articles/2010/01/03/loves_new_frontier/

As noted in last week’s Update [420], the Montana Supreme Court ruled on the appeal of the state’s death with dignity case. A year ago, Judge McCarter decided in favor of terminally ill, retired, truck driver Robert Baxter – Baxter v. Montana [MT 1JD ADV-2007-787 (2008)] [366]. Associate Justice W. William Leaphart wrote for the divided court in an odd decision that vacated Judge McCarter’s order based on constitutional grounds, and yet still found in favor of now-deceased Robert Baxter – Baxter v. Montana [MTSC DA 09-0051; 2009 MT 449 (2009)]. In his concurring opinion supporting the Court’s backing away from the constitutional question, Associate Justice John Warner observed, “I have found many times in my judicial career that Viscount Falkland is correct: ‘when it is not necessary to make a decision, it is necessary to not make a decision.’” [NOTE: Viscount Falkland to whom Warner referred is specifically, Lucius Cary, 2nd Viscount of Falkland (1610 – 1643).] Reflecting this caution, Leaphart focused on a very fine line in the law. He noted, “In physician aid in dying, the physician makes medication available for a terminally ill patient who requests it, and the patient would then choose whether to cause his own death by self-administering the medicine.” My note as I was reading the Leaphart’s words: “A subtle and precarious distinction, it seems to me.” The dissent focused solely on the societal prohibition of suicide and against anyone assisting suicide. Writing for the dissenters, Associate Justice James A. “Jim” Rice declared that the State’s interest in prohibiting suicide rest in “protect[ing] and preserv[ing] human life.” Whose life is the State protecting and preserving? Surely, not the suffering patient at issue! Such pejorative and paternalistic thinking assumes that it is the State’s life (as in ownership) that becomes the subject of protection, as if for some un-stated, unseen, unrecognizable purpose. If the State has some compelling purpose, what is that purpose? If that purpose is simply to preserve life, then why not keep every human being on life support . . . forever . . . to preserve life! There must be a distinction or differentiation in suicide as there is with homicide; after all, there is a monumental difference between assisting a terminally ill, 90-year-old man versus a despondent 19-year-old girl. The Court tip-toed around that distinction presumably to avoid the constitutional question. The sad, humbling truth in this debates remains . . . we are talking about choice . . . individual, private, personal freedom of choice. While the court reached a proper decision, it failed to recognize the right’s of an individual citizen over the State’s interests in a very specific, closed, private situation.

I completed my reading of the 90-page Memorandum Opinion [420] regarding the dismissal of all charges against 5 of 19 Blackwater guards involved in the 16.September.2007, Nisur Square, Baghdad, Iraq, shooting incident – United States v. Slough [DCDC 08-0360 (RMU) (2009)]. This is one of the ugliest judicial proceedings I have read in recent years. Judge Urbina went to get lengths to document how “the government has utterly failed to prove that it made no impermissible use of the defendants’ statements or that such use was harmless beyond a reasonable doubt.” If I was a more suspicious, conspiracy-driven, anti-government citizen, this case would be added to my cause celeb list – this is why we must fear the Government’s abuse of power. The court’s objection centered upon the government’s prosecutorial use of compelled, after-action, investigation statements by the defendants in violation of their 5th Amendment rights. Based on the information provided by Judge Urbina in his dismissal ruling, I suspect there was probable cause for this case. However, the Government has absolutely no right or authority to ignore the Constitution or judicial procedure as a consequence. In the worst case, if these Blackwater operatives intentionally shot up innocent Iraqi citizens with malice of forethought, then they have apparently escaped justice due to the Government’s almost blind zeal to prosecute. In the best case, if the Blackwater operatives were truly confronted with engagement by insurgents or al-Qaeda in Iraq operatives imbedded among innocent Iraqi civilians and bent upon mayhem, then the Government has done an incredible injustice to those Americans defending that convoy and to America’s reputation. Yet, reading Judge Urbina’s ruling, I am reminded of a peculiar phenomenon among attack pilots – Target Fixation. Prosecutors were so focused on conviction, they forgot about the law. Judge Urbina’s exhaustive rendition of the tragic events at Nisur Square and the prosecutorial consequences gives us an excellent example of the difficulty and (I will add) the inappropriateness of criminal law on the battlefield. Essential prosecutorial procedures cannot be maintained or respected in combat conditions. From a warfighting perspective, like aviation safety, prosecution must take a secondary position, and even then, prosecution should only be untaken in cases of clear, gross abuse. Warriors must have the advantage of presumed justification at least until there is overwhelming “proper” evidence to exceed the presumption. Did the Blackwater guards use excessive force given the conditions? Probably so. Did the Blackwater guards use unwarranted force? I am not so sure or convinced . . . for a host of reasons. Bottom line: in combat, I prefer to give warriors the benefit of the doubt. This prosecution was wrong from the get-go and driven by political motives.

News from the economic front:
-- U.S. employers reduced payrolls by 85,000 in December, more than economists expected. However, November payrolls were revised to a gain of 4,000 from a loss of 11,000.

Comments and contributions from Update no.420:
From the Blog:
“I'll repeat myself on the health care non-reform. The current package is a major gift to health insurance providers and nobody else. I do not see this as a step on the right path. You don't go from Chicago to Los Angeles by heading to Montreal and New York.”
My reply to the Blog:
The best I can say is, I truly hope you are wrong.

Another contribution:
“A comment on the foiled Christmas bombing....
“Regarding the intel, NightWatch opines that the problem wasn't information sharing- it was failure to realize the problem. Not sure, but it would depend on what the information was. An interesting take.
URL: http://nightwatch.afcea.org/NightWatch_20091230.htm
My response:
I would agree with the Nightwatch assessment as far as it goes. The challenge in all intelligence operations is the analysis. HumInt is never easy, and generally always quite dirty and ultimately flawed. What Nightwatch misses in his assessment is the underlying, foundational vulnerability (weakness) of American intelligence. Why did the IC fail to connect the dots in this case? Some of the answer is as he states – insufficient resources, inadequate understanding or appreciation for our enemies, et cetera. Beyond all that and underlying those facts, there is an inherent distrust among agencies largely driven by conflicting interests. CIA does not want to share data or analytic information with the FBI out of fear the information will appear in court in some prosecution. NSA does not want to share it’s sources / information out of fear it will be leaked to New York Times for some silly parochial political purpose. MI6 / MI5, DGSE, BND, et al, are reluctant to share information with the United States because we sometimes act in unilateral, temporal, knee-jerk ways.
Analysis (connecting the dots) is all about context. For reasons we do not yet know (publicly), the analysts who reviewed the Abdulmutallab data probably viewed the information from the father – Alhaji Umar Mutallab – as just another dot among millions of dots. Should the IC have connected the dots? Probably so. However, I have not seen sufficient information to justify the public excoriation of the IC.
The nature of the beast . . . there will be other events like this. Clearly, this episode highlights the fact that there are many things we can do to improve our intelligence services and processes, but that is not news. However, until we figure out how to keep opposing political forces from leaking highly valuable intelligence information to the Press, we shall have to endure these failures.

A different contribution:
“Obama's public criticism of the intelligence community should surprise no one. First of all, the man is devoid of any leadership skill or experience. Second, it's clear he does not think highly of the IC, as he goes to the CIA early in his administration, says they're doing a good job and they will be protected, then his dufus of an Attorney General comes out and talks about prosecuting interrogators and senior Bush Administration people for supposed "torture" of terrorists at Gitmo. And oh yeah, Obama giving away our interrogation techniques to our enemies. Great way to support the IC. Heck, why should al-Qaeda or Iran be afraid of us with this bunch in the White House?”
My reply:
I have not been able to find the citation source or the actual quote, but as my pea-brained, feeble memory recalls . . . a WW2 German general bemoaned going up against American units as they invariably were confusing, unpredictable, and often inept, and yet overwhelmed vastly superior forces.
I criticize Obama and his lieutenants just as I criticized Bush and his lieutenants. They were both driven by political forces rather than the best interests of the Nation.
We shall overcome.

Another contribution:
“Ultimately it is Obama, as head of his party, who is responsible for ‘How’ the Health care bill gets passed. So from what seems to be the Democrats plan of attack, there will be no transparency, much less all interested parties sitting down at the table to work it out. Both of those things were big promises by Obama during the Campaign. The Dems seem bound and determined to just ram what They want down our throats. And Obama is doing nothing to stop it.”
My response:
I think others have said it best . . . health care reform as Congress sees it has boiled down to who pays . . . and has nothing to do with more efficient, focused, productive health care. Another contributor suggested we re-title this bill to the Health Care Insurance Company Windfall Profit Act of 2010. Transparency has been a joke virtually from the get-go. Now, the talk inside the Beltway is that Harry & Nan are going to circumvent the conference committee process to reconcile the Senate & House versions and somehow produce a final bill to be voted on by both chambers before the President’s State of the Union speech. Obama also said he would veto any bill with earmarks, and yet the obscene practice continues unabated. The best we can do short of revolution is vote the damn bastards out of office and install a fresh batch. If every House member and every Senator up for reelection was voted out, the message would be really clear. Do the People’s business responsibly and ethically, or you are fired.

One last comment:
“We went to see ‘Avatar’ in 3D IMAX...it was a true visual experience (we are all big SCIFI fans!). Well worth the extra expense of going to the IMAX theater. The underlying story line was just a little trite, but that was far outweighed by all of the other positives about the movie. This type of escape to fantasy seems to be some much more enjoyable these days as a retreat from the frustration and disappointment of the daily political scene in this country. The more I read and learn of the shenanigans going on in DC, the more disheartened I get. I have zero faith in any of the parties or any politician to be acting in the interest of the people they were elected to serve. Also, true story that is real, feel-good entertainment, if you haven't seen it yet, is ‘Blind Side,’ and is well worth the cost of a movie. Keep smiling, and may God bless America.
My reply:
I was not able to find a local theater showing “Avatar” in IMAX 3D. I’d love to see that movie in the IMAX format; perhaps someday.
The two political parties are different sides of the same coin. They both spend like drunken sailors. They are both bankrupting this Grand Republic. I sure hope sobriety comes before the end.
We’ve not seen “Blind Side” yet; but, we both want to.

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

04 January 2010

Update no.420

Update from the Heartland
No.420
28.12.09 – 3.1.10
Blog version: http://heartlandupdate.blogspot.com/
To all,
NOTICE: Several folks have reported bounced messages to my primary eMail address. I have not yet figured out what the problem may be, but I hope to sort things out next week. If you have had any difficulty, please respond to the Blog. Thank you very much for your patience.

I stopped offering up pointless movie reviews a few years ago. I feel the urge to make an exception this week. Taylor, Sherri, Jack and I [Jeanne had no interest] went to see James Cameron’s new movie “Avatar” in 3D. I have resisted the whole 3D movie format for a host of reasons, but all the hype and various trailers overcame my resistance. The movie would be well worth your time even in the conventional format; it is an awesome, extraordinary movie with Cameron’s vision and technology.

The follow-up news items:
-- We learn more in the aftermath of the Christmas Day bombing attempt [419]. The new information is more unsettling than the event itself – for what it represents. Yet, what is far more disturbing to me than the facts of this near-miss is the tragedy of what is happening as a consequence. One of the important leadership lessons I learned as a midshipman and a Lieutenant of Marines was praise in public, criticize in private. I understand and appreciate the President’s need and responsibility to be frank and direct with We, the People; however, the President made a huge mistake in condemning the Intelligence Community in public, even if “a systemic failure” occurred. I have never seen the blame game as a positive exercise. According to Press reports, Abdulmutallab appeared on the TIDE list [Terrorist Identities Datamart Environment] – the lowest level, catch-all, database of individual suspected of terrorist interests / affiliations; apparently, the Intelligence Community (IC) did not alert the security services. Inter-agency communications remains a perennial weakness and vulnerability. The explosive charge was reportedly formed in an anatomically correct shape and sewn into the groin area of his underwear with a plastic, syringe-based, chemical detonator with the full expectation it would not be discovered. The puffer device would have detected the PETN, if the machine was functioning properly. I doubt the full body scanners would have detected this particular device for a host of reasons. Even a typical, airport security, pat down (other than El-Al), would not have found the Christmas Day device or a loaded bra device. Our anatomical modesty would scream outrage if proper techniques were ever used. Only the best of techniques would have detected the syringe and should have alerted security personnel to take a closer look. Even the full body scanners which face concerted objection for being too intrusive and too revealing might have left discovery to an alert and skilled operator. A full strip search would have found this particular device but perhaps not found an imbedded version. Nonetheless, the President should be helping the IC improve, not belittling the agencies who are trying to keep us safe.
-- In the wake of the Times’ revelation regarding Iran’s nuclear weapon’s trigger research [419], other-than-mainstream Press sources are claiming the document is a forgery. Regrettably, we will not know the truth for many years, if ever. So, we continue to wait patiently for the seismic shock of detonation. At this point, I say let’s get on with it. The IRI knows we are not going to act to stop them. They are virtually taunting Israel to further their megalomaniacal and political / religious purposes.
-- On Thursday, New Year’s Eve, the Montana State Supreme Court issued its ruling in the appeal of Baxter v. Montana [MT 1JD cause no. ADV-2007-787 (2008)] [366] – the state’s death with dignity case. I have not had the time to read the decision, yet; however, the Press has reported the ruling as favorable to now-deceased Robert Baxter and essentially makes Montana the third state to allow death with dignity. I should complete my reading of the case for next week’s Update. More to follow.
-- United States District Judge Ricardo M. Urbina for the District of Columbia dismissed all charges against Blackwater (now Xe) guards in the 2007, Nisur Square, Baghdad shooting incident [305-310, 329, 353, 365]. I have not yet read the judge’s reasoning. Based on Press reports, apparently Judge Urbina was not happy with the collection of evidence and labeled prosecutors as over-zealous. This is another case for my reading list.

News from the economic front:
-- GMAC Financial Services is seeking another US$3.5B in additional government aid on top of US$12.5B already received since December 2008, as the company continues to struggle with absorbing mortgage operations losses.
-- The U.S. International Trade Commission decided that U.S. steel industry has been damaged by a flood of subsidized steel from China. The ruling may result in duties on future imports of Chinese steel pipes, adding more tension to the U.S.-China trade relations. Chinese steel imports have surged in recent years to about US$2.8B, prompting U.S. steelmakers and the United Steelworkers union to petition for relief.
-- The U.S. Labor Department reported new claims for unemployment insurance fell by 22,000 to a seasonally adjusted 432,000, the lowest since July 2008 – better than the increase economists expected.

Comments and contributions from Update no.419:
Comment to the Blog:
“The health care ‘reform’ is probably better forgotten at this point. It doesn’t even remove the protection the insurance companies currently have from anti-trust laws, and it’s mostly one enormous piece of pork for the health insurance industry. On top of that, it creates fines for people like me who cannot buy coverage. (I find it reasonable to think that any potential subsidies will be removed for budget reasons by the time the bill takes effect for adults in 2014.) My decision on that issue will come down to whether the fine is higher than the cost of some useless ‘coverage’ that will be offered me under the new law. We need health-care reform; this goes in the wrong direction.
“What struck me about the attack on Flight 253 was the response of the passenger, Jasper Schuringa of Amsterdam, who subdued the terrorist until the air crew could help. This terrorist had a burning object in his hands, surely a more fearsome weapon than the box cutters said to have been used on 9/11. In fact, the burning object turns out to have been an explosive device, which Mr. Schuringa, a video director and producer, probably realized. I applaud and thank Mr. Schuringa, but it makes me wonder about all those people on the flights of 9/11 who faced only box cutters. I have used box cutters at work; they're not very scary. That’s still an odd feature of 9/11 to me.
“As far as the plane that overflew Minneapolis, we might as well treat that one as comic relief based on the logical assumption that if they were low on fuel or in some other serious situation, they probably would have paid more attention. If they were having sex, I would think they would have potential partners other than one another. In any case, I find it difficult to think of any other distraction that would account for the behavior and would not show up on routine drug tests.
“I reach a very similar conclusion to your other correspondent about the results of the Copenhagen climate summit. I feel certain that his or her political viewpoint is very far from mine, but we both noted the term ‘non-binding’ and the amount $100 billion. ‘Non-binding’ means ‘do as you damn well please.’ $100 billion means ‘we can make each other wealthy.’
“I differ with the other correspondent on the reality of global warming. This is old news for me. I wrote a college paper on global warming in 1991 (and got an A on it). Back then, those supporting the hypothesis of global warming were the ones being shouted down and silenced. The information today remains essentially the same, supported by subsequent data, and the politicians still seem not to realize that Mother Nature varies nothing based on what they say. A deal like the Copenhagen result does not change the climate in the least.”
My reply to the Blog:
A bit slow in my normal processes this week . . . the honey-do list seems to grow longer the more I do. I need to go back to work . . . to get back to normal. LOL
“Long journeys begin with small steps.” You have named a few of the weaknesses in the nearly evolved health care reform bill. I do not dispute or argue your illumination of those flaws. Perhaps the bill does go in the wrong direction, but it is an attempt to resolve an important failure of the American culture. It will be a step on a long journey. We will see its weaknesses, and we will fix them.
I have more to say on the Christmas Day terrorist attack in Update no.420. I’ll save further comment on NW Flt 253.
Good observation on NW Flt 188. To my knowledge, the two pilots were the only people in the cockpit during the entire time frame. I’m having a hard time understanding that level of distraction as well. Unfortunately, we may never know what happened.
Copenhagen . . . time shall tell the tale.
Global warming . . . I just don’t see the human cause element. The fact that glaciers are melting is an undeniable fact, but the cause is not so well understood. My point is and has been: if human habitation is causing global warming, we need to change our ways; if human habitation has nothing to do with climate change, we still need to change our ways.

Another comment:
“January 20th to get this whole health care mess wrapped up? As I've said before, why the rush? This is something we need to take our time with, especially since this is being worked on by the biggest group of idiots the world has ever seen. Obama, Reid and Pelosi just seem hell-bent on trying to completely ruin this country.”
My response:
I don’t think the rush is for the rush, but I think POTUS feels the clock ticking toward mid-term elections; I imagine he wants to get this trauma behind him. So, the rush is political, not technical.
I don’t believe POTUS, Nevada-Harry or SanFranNan seek to ruin the country. I believe they are misguided, but we shall grow from this debate, and I truly think we will be better . . . eventually.
We have overcome far worse. We shall overcome whatever bad may yield from the health care reform legislation.

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