Update no.469

Update from the Heartland

No.469

6.12.10 – 12.12.10

Blog version: http://heartlandupdate.blogspot.com/

To all,
This edition is a day late; my apologies for missing the deadline. Jeanne and I drove to Austin, Texas, for a long-weekend visit with Melissa, Tyson, Judson James and Avalon Mar. Saturday night, we all went to the Illuminations celebration at the Lady Bird Johnson Wildflower Center in Austin. None of us imagined the popularity of the event. They had live music and an intriguing puppet show for the kids. For the people watchers, the event was a cornucopia of humanity. We had a great time with the kids and grandkids. All is right with the world . . . well, except for the late Update.

Navy beat Army, 31-17, for the 9th straight year. ‘Nuf said! I do not need to rub it in on my hapless cousins. The worm will turn someday. Go Navy, Beat Army!

The follow-up news items:
-- WikiLeaks editor-in-chief Julian Assange [453 & sub] surrendered to police in London. A judge at London’s Westminster Magistrates Court ordered Mr. Assange remanded into custody until his 14.December extradition hearing. Of course, the conspiracists and sympathizers cry foul over some mystical, masterful, CIA plot to frame Assange. As usual, with all things Assange, the issues go far deeper.
“‘Condomgate’ for WikiLeaks’ Founder”
by Carol King
Ms. Magazine Blog
Published: December 6, 2010
http://msmagazine.com/blog/blog/2010/12/06/condomgate-for-wikileaks-founder/
I suspect the veracity of the accusations is strong, which if so, provides ample illumination as to the kind of character Assange is. It does not matter whether the women were prostitutes and got paid for sex, or simple innocents caught in the moment. When a sexual partner says no; it means no; and stop means stop at any moment. The worst of it was his refusal to be tested for HIV and STDs afterward. No one has a right to violate another person's concerns, constraints or limitations. My guess is Julian Assange holds tightly to a very inflated opinion of his importance and significance on the world stage. Royal prerogative disappeared years ago, and to use the vernacular, he ain’t royalty. Then, there is the potential for his prosecution for greater crimes.
“Wikileaks Has Committed No Crime”
by Trevor Timm
Legal As She Is Spoke Blog
http://www.lasisblog.com/2010/11/12/wikileaks-has-committed-no-crime/
Timm is probably correct, although two pivotal questions could invalidate his argument against prosecution under the Espionage Act of 1917 [PL 65-030].
1.) Is WikiLeaks a proper & legitimate Press outlet?
2.) How did they acquire the classified material?
The key in the New York Times Co. v. United States [403 U.S. 713 (1971)] [453] ruling was Ellsberg himself as the source, i.e., the Times was simply publishing what had been made public information, according to the Supremes. On top of all this, we have the so-called “hack-tavists” who initiated a mini-cyber-war, opening denial of service attacks on those websites they perceived as anti-Assange or contributing to his arrest. Dutch police arrested a 16-year-old boy who admitted being involved in the attacks against the credit cards' websites.
-- On Thursday, Senate Majority Leader Reid again offered a motion to invoke cloture on S.3454 – National Defense Authorization Act for Fiscal Year 2011 [Senate: 57-40-0-3(0) {60 yes votes required}] – that also failed last September [458]. The journey to equality is a long, windy, and bumpy road. This latest setback only delays the inevitable.

On Monday, a court in the Paris suburb of Pontoise found Continental Airlines and its mechanic John Taylor guilty of criminal wrongdoing in the crash of Air France Flight 4590 on takeoff from Charles de Gaulle airport [25.July.2000] – the only supersonic Concorde jet to crash. All other defendants were acquitted. Investigators claimed a titanium strip fell off of a Continental DC-10 that took off just prior to the Concorde. As the Concorde sped down the runway, one of the left main tires hit the strip, causing the tire to disintegrate, damaging the no.2 engine and propelling bits of rubber into the underside of the wing, which was also one of the main fuel tanks. The deluge of fuel was ignited by an engine afterburner. The serious loss of thrust and diminished control brought the magnificent jet down. This judgment comes on the heels of a similar criminal proceeding regarding the mid-air accident high over the Amazon Jungle in Brazil [29.September.2006] [253]. The aviation community resoundingly condemns the court cases and verdicts for a host of reasons, not least of which is the enormous chill on the aviation accident investigation process.

Senator John McCain of Arizona initiated his own game of whack-a-ball as he leads the resistance to the inevitable repeal of “Don’t Ask, Don’t Tell” and the service of non-heterosexual citizens in the military.
“Commentary: McCain vs. the Pentagon on gays in the military”
Editorial
St. Louis Post-Dispatch
Posted: Thursday, December 2, 2010
http://www.mcclatchydc.com/2010/12/02/104588/mccain-vs-the-pentagon-on-gays.html

A regular and reliable contributor sent along this article and link:
“Taking down America”
by Alfred W McCoy
Asia Times
Published: December 7, 2010
http://www.atimes.com/atimes/Middle_East/LL07Ak01.html
To which I replied, “There is one fatal flaw in his logic . . . the United States has NO empire. Rumors of America's demise are grossly exaggerated.” The following article was added:
“The Future of American Power – Dominance and Decline in Perspective”
by Joseph S. Nye Jr.
Foreign Affairs
November/December 2010
http://www.foreignaffairs.com/articles/66796/joseph-s-nye-jr/the-future-of-american-power
Regrettably, I have not yet had the opportunity to read the latter essay . . . hopefully, next week.

In an event rarely seen in the United States, the Senate voted to convict U.S. District Judge Gabriel Thomas Porteous, Jr., of Louisiana on all four impeachment charges, and then voted to forever disqualify him “from holding any office of honor or profit under the United States.” According to the charges, Porteous had a serious gambling problem, which induced him to take bribes and favors from people who had business in his courtroom. Porteous became just the eighth federal judge in U.S. history to be impeached and convicted by Congress.

The FBI arrested Antonio Martinez, 21, a Baltimore construction worker and a U.S. citizen who recently converted to Islam and changed his name to Muhammad Hussain, for attempting to blow-up a van laden with explosives outside a military recruiting office in Maryland. He is the latest in a growing number of converts and fringe radicals to be apprehended in this manner. As should be expected in a liberal society, some folks are bemoaning the “entrapment” technique utilized by the FBI. I say tough! I laud the FBI’s ability to translate actionable intelligence into an arrest and conviction. If guys like Martinez did not harbor murderous thoughts or take multiple, successive steps to carryout their terrorist intentions, there could be no entrapment. We owe the special agents of the FBI our praise and gratitude for their success, again.

Another relevant-topic thread from another forum in as many public debate groups as possible. I share my opinions and perspective along with others and encourage every concerned citizen to add their voice to the Debater’s Corner argument. This thread opened with a reference to and citation of:
“Why Don't Conservatives Oppose the War on Drugs?”
by Laurence M. Vance
LewRockwell.com
Posted: December 9, 2010
http://www.lewrockwell.com/vance/vance217.html
Vance closes his essay with the essential question: “Why do conservatives, who profess to revere individual liberty, free markets, private property, limited government, and the Constitution continue to support the war on drugs?” Great question! So, this exchange began.
Message no.2:
“The use of illegal drugs always creates expense for those who do not use the drugs. So, all should be opposed to the illegal use of drugs unless / until those using the drugs pay all the expense and no medical insurance / Medicare / medical will ever pay any of the medical expense associated with the illegal use of drugs.....including the far too often ambulance ride for an overdose. AIDS only occurs from the illegal use of drugs to gain an extra ejaculation or two. Why should the rest of use incur all this expense for something that has no value to society?”
Message no.3:
“Loose thoughts on my part as I'm sleepy and have not organized this reply:
“Cap Parlier has suggested drug islands (sorry Cap if I am not quoting you just right, you can correct me) where people who want to abuse, go there, or go to parts of our country where they cannot hurt others in their drug or drunken high (or with alcohol, low, since it is a depressant).
“A key here is the concept of 'victimless crimes.' Does the drug user on the island become the victim? Should we allow anyone to have free access and freedom of choice to victimize themselves, as long as the cost of doing so is not passed onto the collective?
“I am not in favor of promoting free use of drugs, at the same time I'm not for more GOV and more GOV regulations, crime enforcement, etc., related to drugs, because it seems we're not winning, and the costs are excessive to keep the battle going.
“The schism in economics from illegal versus legalized $ale of drugs, is entirely another topic than I could address here.
“There is no societal value from drug and alcohol abuse, we agree (some would argue this point). The complex part of this equation is how to educate the populace that it is in their best interest to abstain? Now we're getting into the scope of addiction, which too, is entirely another topic.
“My problem with drug wars is our acceptance of Asset Forfeiture & Seizure and the Treasury's "Know Your Customer" program that amounted to snooping where privacy once was considered the norm.
“And how about Mexico, the drug war their government is waging, has seemingly weakened some cartels while strengthening key players, which is a red flag for me, that the goal is not really to squash the surviving cartels long-term. And then take a look at overall violence of the drug wars south, the 'net-effect.' One wonders whether 22,000 deaths since the more recent round of this decade's drug wars there, has been good for society to our south.”
Message no.4:
“We charge more for home insurance where there are hurricanes so why not charge more for medical insurance that covers alcohol / illegal drugs. I have had a drop of alchohol and it pains me to pay much more for my health insurance by having to subsidize health insurance for the problems caused by alcohol for those who do drink. To my mind health insurance should be a group of tables where prospective insured pick out the type of insurance they want and pay what it costs. If they elect to not pay the costs of insurance for certain illegal drugs and die from a lack of insurance because of its cost the world would be a better place than the way it is now where people like me who do not drink pay much more for their health insurance to cover the problems of alcohol for those who do.”
Message no.5:
“Well now you know how I feel, I have carried insurance for my automobile(s) for decades, and never yet submitted a ‘claim’ to any insurance carrier for an accident, incident, theft, etc. Though I have low rates for many reasons, I still end up paying, don't I, for many people who submit claims every year to their automobile insurance carriers.”
Message no.6:
“Auto insurance relates to the number of tickets. Lots of tickets and car insurance can not be had at ay price. But if one talks about taking alcohol off the market the freedom filth is up in arms about taking away their right to drink.
“But no one is ever up in arms....except me, seemingly....over my being forced to pay for health insurance for those who drink instead of just make health insurance cover alcohol problems for those who paid more to get health insurance to cover alcohol problems.”
Message no.7:
“Insurance rate/premiums are adjusted using algorithms based on many factors. You are correct that one's driving record using the "points" system from DMV (tickets/accidents), is primary for setting a car owner/driver's rates. I'm not sure about geography, was there a law that now prohibits auto insurers from using your zip code for rating? Other factors do include previous claim history; what kind of car you drive (style); of course car value (if you do the collision/comprehensive add-ons); your education; profession; age; and credit score; etc.
“I insure with AAA (not Alcoholic Anonymous :o), and have been very satisfied with their service though I've never had to submit a claim. But they do treat me like a member and not a number. Previously I had 20th Century (now of course 21st Century) and was very happy with them as well. Both companies tend to have some of the lowest rates for good drivers.”
Message no.8:
“The late William F Buckley suggested legalizing a number of the most common substances (such as marijuana) which proliferate naturally, although not for general use. He found the grey area of man-made or man-enhanced pharmaceuticals (whose effects range from mild euphoria to instantaneous death) a difficult one to navigate.
“In the end, he himself settled on the classic gin fizz (gin, seltzer, and a slight twist of lemon over ice).
“Alcohol, he noted, has a punishment factor. If you abuse it, it tells you all about it the next day.”
Message no.9:
“Interesting about our friend WFB.
“One of the areas I wanted to go into early this morning but did not have the time then, is that as many ills as are reported in society from alcohol abuse, there are likely many that could rightly argue about some of the positive from alcohol use in moderation. I suspect many have studied and reported on this. One of the areas I could see as a positive is the stress reduction factor, with many studies now showing how a couple few glasses of wine have a positive effect for stress reduction, lower heart rate, and lower heart disease.
“How many deals have been successfully struck, over alcohol?
“The problem is that slippery slope where people lose the good judgment to stop drinking, and abuse it for the effect of being drunk (or numb). Without great self-discipline, the physiology of drinking seems to necessitate increasing amounts of the fluid to achieve the same effect, and that is when the spiral can start.
Message no.10 (I jumped in here):
The objectives of my proposal are:
1. minimize / eliminate collateral damage,
2. eliminate the criminal sub-culture that is the current supply,
3. provide a medium for those so inclined to genuinely seek help.
Drug islands . . . OK, that will work. Actually, my term was "isolation camps."
Under my proposal, all psychotropic substances would be legal & regulated, i.e., standard packaging & dosage, and controlled access, e.g., alcohol & tobacco sales. If you handle your consumption below the threshold of impairment, can pay for the substances without violating any other laws, and use within the scope of civilized society, then no interference from the law or other citizens, i.e., acceptance/tolerance. If you violate any of the conditions, you are given a choice of self-committal to an isolation camp or enter the criminal system. At the isolation camp, substances are provided, indulge at will, harm no one, remain in the camp, very basic services provided. You violate the rules, you enter the criminal system. I would also recommend a more graduated or layer prison system for drug abusers, 1.) isolation camp that is not voluntary, 2.) conventional prison, and 3.) a "Black Hole" prison, i.e., you go in, you do not come out alive (only perimeter guards, jungle rules) [essentially persona non grata]. In the criminal system, no substances provided or available. No more three strikes. No more multiple DUI charges/convictions.
There is much more to the proposal, but that is the gist of it. Now, the inevitable Q: how do we pay for it? I would propose we eliminate DEA, empower FDA to control monitor supply, and apply a portion of every drug sale to the operating fund. There are other elements like reducing prison populations by releasing all non-violent drug offenders; reducing the burden on local law enforcement, et cetera.
Hopefully, this is a brief enough sketch to enable productive public debate.
Message no.11:
“Thanks Cap for that update. You have thought this out well.
“After seeing some people walking around in San Diego today, between those that might have been on meth, drunk, or using psychotropics for ‘be-happy today’ desires, I think I was in one of those drug islands already. :o)
“Your concept of the ‘isolation camp’ for those that cannot be released, sounds like a good script for a movie ya know, we could make money with this Cap. Kidding aside, the economics of making your system work is intriguing in itself.
“Does your concept of the legalization and minimized regulation (if I have that correct) applicable too, for let's say Mexico?”
Message no.12 (my contribution):
I would like to point to the vast amounts of money, blood and damaged international relations spent on this foolish "war on drugs," but that is water under the bridge and can never be recovered. My prima facie response would be, with the extraordinary expenditures of the past, what makes us think the expenditures are going to decrease? We are going to continue to spend huge amounts of money, blood and reputation trying to hold back the tide. What is that old saw, the definition of insanity is continuing to do the same thing you've always done and expecting a different result.
Mexico (well actually all the other supply-affected countries) . . . yes, absolutely. The suppliers & transporters would be given the opportunity to produce, package, transport, and sell controlled materials legally and properly. Continued smuggling (like we did during the aftermath of prohibition) would be dealt with as it is today. Alcohol & tobacco producers have not gone broke; neither will drug producers. Everybody makes money; the profit motive is a powerful force. To repeat, my no.1 objective above all else is the elimination of the collateral damage associated with consumption today.

News from the economic front:
-- The U.S. trade deficit in October contracted more than 13% to US$38.71B as exports surged to their highest levels in more than two years. U.S. exports rose 3.2% to US$158.72B – the highest level since August 2008. Imports declined marginally to US$197.44B. The U.S. deficit with the PRC narrowed 8.3% to US$25.52B.

L’Affaire Madoff [365]:
-- As the statute of limitations deadline approached, Madoff asset recovery trustee Irving H. Picard filed a lawsuit seeking US$9B from HSBC, adding the London-based financial giant to the list of targeted major financial institutions – Swiss-based UBS, JPMorgan Chase in New York [468], and now HSBC in London – who provided services or marketing products related to the Madoff fraud. Picard also filed suit against Austrian banker Sonja Kohn, seeking US$19.6B from one of the central figures in the expansive international Ponzi scheme.
-- On the second anniversary of his father’s arrest [365], Mark Madoff, 36, oldest son of disgraced and imprisoned felon Bernie Madoff [378], was found dead in his Manhattan, New York City apartment of an apparent suicide. A family member notified police around 07:30 [R] EST Saturday. I suspect he felt the proverbial legal noose tightening on his own culpability and chose to take the easy [some might say honorable] way out. Wife [and mother] Ruth and younger brother Andrew have not yet been charged regarding their contribution to the massive fraud and might actually avoid prosecution.

Comments and contributions from Update no.468:
Comment to the Blog:
“I did not understand your point with reference to the Waters investigation. I remember well the ‘Saturday Night Massacre,’ but how does this relate to that? Please clarify.
“With respect to Wikileaks, a few points. I would like the precise details of the Swedish charges against Mr. Assange. I have seen a report that I have not confirmed which states that the charges consist of failing to use a condom and refusing STD testing.
“Also, while I agree that someone has violated laws, perhaps including treason laws, I refuse to panic. Some of the deceit by all sides of the diplomatic community may surprise some members of the public, but diplomats know how diplomacy works. We have seen the occasional expression of surprise or displeasure, but no concrete actions. So long as the disclosures are not current, we are not likely to see any actions, either.
“In a related comment, another poster seemed to think that making such things public fifty years after they occur would constitute transparency. Really?
My reply to the Blog:
Archibald Cox was the special prosecutor working on the Watergate Scandal. That Saturday night in 1973, as the scandal was coming into focus, Nixon fired Cox and Deputy Attorney General Ruckelshaus, and Attorney General Elliot Richardson resigned in protest. It was a clear attempt by Nixon to thwart the investigation. Removal of the two Waters’ investigators has the same stink . . . although I must add we do not yet have conclusive evidence . . . it just stinks at the moment.
I’ve seen various versions of what the Swedish charges entail, but I do not have access to the specific accusations. We only have the Interpol alert. If your information is correct, which it may well be, proceeding with sexual relations after a partner has insisted upon condom use would qualify in my book. No one has any right to force another person to have sexual relationship – no one! The sexual assault charges in Sweden are at best a curious sidebar to the far more serious matter at hand.
It is not for us to judge currency . . . only the classified document control board should make those decisions. The issue is not the content but the disclosure.
When it comes to government transparency and classified military or diplomatic information, I advocate for absolute opacity. Classified information should only be declassified and made available to the public (transparency) when it no longer has relevance or value. Such government communiqués are the grain of historians.

Another contribution:
“I hope Assange gets tossed into a deep, dark cell for the rest of his miserable life. What he is doing is helping the enemies of this country and endangering the lives of sensitive sources. As far as I am concerned, this man is scum!”
My response:
You are not alone in your assessment or sentiment.

A different contribution:
[This contribution opened by citing the following article:]
“The Shameful Attacks on Julian Assange”
by David Samuels
The Atlantic
Published: Dec 3 2010, 10:00 AM ET
http://www.theatlantic.com/international/archive/2010/12/the-shameful-attacks-on-julian-assange/67440/
“Julian Assange and PFC Bradley Manning have done a huge public service by making hundreds of thousands of classified U.S. government documents available on Wikileaks -- and, predictably, no one is grateful. Manning, a former army intelligence analyst in Iraq, faces up to 52 years in prison. He is currently being held in solitary confinement at a military base in Quantico, Virginia, where he is not allowed to see his parents or other outside visitors.”
My reply:
If Assange sought to command the world stage, he has succeeded. Unfortunately, as is so often the case, anti-establishment or anarchist characters like to idolize guys like Assange, who ostensibly stand-up to the power of the State. I do not see him or his service in such self-serving, grandiose terms. As several contributors to the Update including myself have speculated, PFC Manning is not likely the sole source for WikiLeaks. If they or their agents acquired the documents by hacking USG computers & servers, then their actions would be espionage, not some faux-heroic defiance of power. The United States is not the bogeyman some among us choose to view this Grand Republic.
. . . an additional comment:
“I knew that would be your response! Couldn't agree more. He will resist his removal to Sweden for certain. That decision hasn't been made as I write but he is in our custody.
“Of course there are two issues here, one is his connection with the now infamous Wikileaks the other the rape charges brought against him in Sweden.
“I have heard it said that the rape charges are a US plot to have him incarcerated at any cost. However Cap the Wikileak outfit will continue without him. There is another article by the Australian PM who says it's not Assange's fault, the real culprits are those who have leaked the contents of the diplomatic mail-bag. Are we chasing the wrong guy?
“Keep taking the pills!”
PS: “Sorry Cap, Australian FM. Foreign Minister He thinks…well you can read what he thinks.”
[The citation:]
“Assange backers in cyber retaliation over arrest”
by Keith Weir
Reuters
Published: Wed Dec 8, 2010 11:36am EST
http://www.reuters.com/article/idUSL3E6N80HH20101208
. . . my follow-up comment:
He will resist extradition, but he will not succeed. He will only prolong the inevitable. I trust the judge will hold him in custody until his extradition hearing process is complete.
His activities associated with WikiLeaks will indeed continue. He has more than a few minions and plenty of wannabes, as we bear witness with the hackers’ revolt. Like most terrorist networks, as you carve off the leaders, a threshold of sustainability can eventually be broached. WikiLeaks is not as big as al-Qaeda.
Of course he is going to claim his rape charges are a CIA plot, after all, Iran has claimed for decades that the Great Satan is at the root of all the world’s evils, or least theirs. Assange built his reputation upon making Americans the bad guys. As I understand the sexual misconduct charges against him, in his egomaniacal netherworld, he does not believe no means no, or stop means stop . . . after all, he is the holy one. The charges against him are perfectly consistent with his public conduct – rules for normal folk don’t apply to him. I suspect he will soon receive a lesson in equality.
Ozland FM Kevin Rudd is correct in part and dreadfully wrong in the main. Control of classified material is the responsibility of the USG. If Manning’s or anyone else’s trustworthiness was questionable, he should never have been granted access. Certainly the USG is culpable as has been noted previously; however, that culpability does not absolve Assange & WikiLeaks. I suspect there are far more sinister forces at play here, mainly because I cannot fathom how a PFC could access so much material. I suspect Manning may have given Assange or one of his agents a crack in the door, and WikiLeaks rushed through far beyond what Manning or anyone else may have envisioned. If so, we have espionage, not just some abstract quasi-journalistic curiosity or sense of public conscience.

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