Update no.474

Update from the Heartland

No.474

10.1.11 – 16.1.11

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

To all,
The follow-up news items:
-- Former Representative Thomas Dale “Tom” DeLay of Texas [175, et al] was sentenced to three years in prison, so presumably he can contemplate the error of his ways after being convicted of money-laundering [467]. He posted a US$10K bond that will allow him to remain free while his conviction is appealed. He joins an infamous list of corrupt politicians.
-- A respected opinion regarding the “revised version” of Mark Twain’s “The Adventures of Huckleberry Finn” [473]
“Censoring ‘Huck Finn’ is bad idea”
by Leonard Pitts
Wichita Eagle
Posted on Mon, Jan. 10, 2011
http://www.kansas.com/2011/01/10/1667031/leonard-pitts-censoring-huck-finn.html
-- Wisdom from the mouths of children . . . another important and relevant opinion regarding the adulteration of “Huck Finn” [473]:
“The power of language, ‘bad words and all’”
by Suzanne Perez Tobias
Wichita Eagle
Posted on Thu, Jan. 13, 2011
http://www.kansas.com/2011/01/13/1672083/the-power-of-language-bad-words.html
-- In the aftermath of the Giffords assassination attempt [473], former Governor Sarah Louise Palin née Heath of Alaska issued a video statement. I recognize a goodly portion of the Update’s readers do not support Palin and in some cases even despise her. Regardless, she did a good job with her video statement, despite her use of the controversial term “blood libel.” I did not know the term until this kerfuffle flared up.
The article link:
http://news.yahoo.com/s/politico/20110112/pl_politico/47477_1
The video link:
http://news.yahoo.com/video/politics-15749652/23824249
-- President Obama, the First Lady, and numerous other politico-notables including former Associate Justice Sandra Day O’Connor attended a memorial event at the University of Arizona for those who died, were wounded and those who helped others in the Tucson shooting tragedy [473]. The President delivered an exceptional, uplifting speech and a call for civility in our political discourse. He is really good.

An apropos opinion given the intensities of public debate at the moment:
“We can't blame our rhetoric for the Tucson shootings. But we can try to fix it.”
by Karen Hughes
Washington Post
Published: Friday, January 14, 2011; 8:00 PM
http://www.washingtonpost.com/wp-dyn/content/article/2011/01/13/AR2011011306389.html

In a rather rare, but informative and enlightening connection, I received an eMail message from an unexpected, unsolicited source as a result of a reader contribution [473] to my review of the Justice Department Nazi safe haven report [472]. This thread begins with Aslan T. Soobzokov, son of the late Tscherim Soobzokov – one of the OSI investigations noted in the Justice Department report.
“Dear Sir:
“Please review the attached file which contains a lawsuit I filed in Federal District Court on behalf of my late father, Tscherim Soobzokov. You are welcome to mention this case in your website.
“Very truly yours,
“Aslan T. Soobzokov”
The attached file was Aslan’s petition for a writ of mandamus (request for court order) and complaint against the U.S. Government on behalf of his deceased father.
Soobzokov v. Holder [USDC NJ civil action no.: 06260-DRD-MAS (2010)]
{If anyone would like to read the whole petition, I would be happy to forward it upon request.}
My initial reply:
First, if I may, how did you connect your case on behalf of your father with me? I’m just curious.
Second, I will mention your eMail and civil case in my Update from the Heartland Blog (Update no.474, due: 17.1.2011).
Third, would you be so kind to rescan your petition in readable text versus the version you sent which is image only? Also, when your case is assigned a civil action number, please pass that along to me. I would like to follow your case.
As reflected in the government’s OSI report, your father’s case has numerous very curious aspects. The report implies, although does not explicitly state, that your father was transferred into the Waffen-SS with a rank of obersturmführer (first lieutenant). Was he affiliated with the German Schutzstaffel? If not, why was the CIA interested in him and apparently employed him in counterintelligence work during the early years of the Cold War? What is your hypothesis regarding the reason(s) the government chose not to pursue the alleged three perpetrators as you claim in your petition? What motive did the government have for not pursuing the case?
Thank you in advance for indulging my curiosity. I wish you luck in your legal effort on behalf of your father. Vigilantism is never acceptable in a civil society.
. . . round two:
“Thank you for your reply and consideration on my behalf.
“With respect to your questions, please know that I signed up for goggle alerts so whenever something is posted with regard to my late father I receive notice. Recently when I received the alert it was from your site. One of your followers mentioned my father and from what I read, you are not influenced by anyone. That is why I contacted you.
“The material contained within the OSI files are incorrect. We are Circassians from the Caucasus mountains. We have been oppressed by the Russian regimes since the early 1800's. When the Germans invaded the region, a number of Circassians as well as other nationalities of the Caucasus were promised our independence. As a result, they assisted the Germans.
“My late father was selected by the German military to serve as a interpreter for our people. He was given the rank of a lieutenant. There is no evidence that my father killed anyone. The people in the Caucasus confirmed that. The Berlin Document center confirmed that, as did the CIA. My father continued to work for CIA when he immigrated to the United States in 1955. He did not enter the United States as an immigrant under CIA sponsorship.
“The CIA connection dates back to 1949 while my father was living in Jordan. CIA recruited him to form a unit to enter into the Caucasus to destabilize the region. Circassians are anticommunist and fiercely seek their independence.
“The only reason that the government has failed to uphold their constitutional duty in my father's case is due to political pressure. Further, the killers are living in Israel in the occupied territories. They served in the Israeli military and therefore the Israeli government would not extradite them. There is a law in that regard.
“The Civil Action number has been assigned, it is 06260-DRD-MAS. The case has been filed in Federal District Court in New Jersey.
“Please expect a word version of the complaint today or tomorrow.
“I sincerely appreciate your interest. Kindly note, if you want more detailed information please fee welcome to contact me.”
. . . my reply to round two:
The OSI report titled the section about your father: “Tscherim Soobzokov - The Victim of Vigilantes.” The information provided in the report leaves the reader with the impression that evidence against your father, as an alleged “persecutor,” was less than convincing beyond a reasonable doubt. However, given the fervor of those times, he was caught up in zealousness to over-compensate for past neglect.
A critical link that may have led investigators down the wrong path hangs upon your father’s collaboration with German forces. Do you have any data that indicates he served in the Wehrmacht, or Waffen-SS, or other unit? The Holtzman Amendment [PL 95-549; 8 U.S.C. § 1182] expanded the scope of interest beyond perpetrators to include persecutors, and in some case collaborators, propagandists and even sympathizers. Did you ever talk to your father about his wartime service? Could he have provided services to an einsatzgruppen unit . . . I think Einsatzgruggen D covered the Caucasus? Again, according to the OSI report, he worked with or for a Schutzstaffel unit of some unspecified type. So many OSI cases came from the Baltic States and other periphery regions like Circassia, where individuals saw helping the Germans against the far-more-hated Soviets as a reasonable tradeoff – a true dichotomic dilemma that is hard for Americans to absorb. My questions in this area are historical curiosity only; they have no bearing on your civil claim.
The OSI report clearly states they closed their investigation in 1977. Apparently, as a consequence of Press interest in your father’s case, the government later (1979) filed “misrepresentation” charges, which he was challenging when he was fatally injured in 1985. Regardless of your father’s wartime service, what happened to him and your family is simply and flatly wrong – vigilantism at its worst. All of the publicly available information suggests there are shenanigans-a-foot. Frankly, if I was in your shoes, I would be doing precisely the same thing. I wish you the best in your quest and swift justice for the government’s failure and duplicity. I trust the court will not be susceptible to political pressure, and hopefully, the Executive can be compelled to formally seek extradition and force Israel to publicly refuse.
. . . round three:
“Unfortunately I have been unable to convert the PDF file that I forwarded to you into any other type of format. If you prefer I can fax or mail you copy of the actual document. Please let me know.
“There is information out there where my father's name was put on a list showing that he was in the Waffen SS. His name was put on the list by a Circassian General named Kucek Ulagay who was related to my mother’s father. This occurred after the Germans retreated from the Caucasus region. The reason for this was to provide my father with credentials so that he could lead other Circassians through the German lines to their ultimate destination in Italy. By being in the possession of the identification it provided a "pass" into Italy. Prior to this my father was jailed in Hungary by the German army for selling tobacco. The money from the tobacco sale was used to buy food for the Circassian refugees. He was not on a list of Waffen SS officers while he lived in the Caucasus. He never engaged in any activities on behalf of the Waffen SS.
“It has been 25 years since my father was assassinated. Prior to my father's death, we did not have detailed conversations about this issue. I was compelled to read as much information as I could and speak with older Circassians in the Caucasus to understand what had occurred.
“I have read biased articles and books where it was alleged that my father was in the Einsatzgruggen.
“With regard to Elizabeth Holtzman, she has said horrible things about my father for years. She is convinced that my father caused harm to Jews in the Caucasus. The truth is there are practically no Jews in the Caucasus, then or now. Holtzman was appointed by President Clinton to the Inter agency working group associated with the National Archives. Then released inaccurate information about Papa back in 2006. The author was a alleged historian by the name of Brietman. I attempted to contact him but he refused to speak with me.
“I have video interviews with elder Circassians who knew my father during the relevant time period. They confirmed that he assisted the Germans in their dealing with the Circassians. Initially as an interpreter and then he instructed them on how to approach the Circassian population. At the time the Germans invaded the Caucasus my father was only 17 years old.
“In November an article was written in a local publication that was very harmful to us. Here is the link to that article. www.northjersey.com/news/opinions/109604589_Nothing_obscure_about_this_man_s. Attached hereto please find my response to them that has not been published.
“Thank you again for being receptive. I welcome this dialogue and look forward to further communication.”
. . . my reply to round three:
Thank you for trying the document conversion. I have already troubled you enough. I use text versions of court documents and such for my research files that I employ search functions to retrieve information.
Also, thank you for the explanation of your father’s service. When Representative Holzman picked up the banner for justice on behalf of Holocaust victims, she defined all Waffen-SS as unworthy of citizenship, which is an excessively broad generalization. Unfortunately, as with virtually all generalizations, they are rarely accurate at the individual level.
The link to the local article was not complete. Please try again.
My father served in the American 96th Infantry Division and was nearly killed during the Battle of Leyte in the Pacific Theater in 1944. His brother (my uncle) served with the American 28th Infantry Division and survived the Huertgen Forest fighting the Germans. My great uncle served with the 6th Marine Brigade, fighting the Germans at the Battle of Belleau Wood in 1918. I am a retired Marine and two of our three boys served in the Marine Corps. We understand military service and war, but we have no way to appreciate the extraordinary conflict faced by people like your father between the brutal oppression of the Soviets and the impression of salvation by the Germans.
As I said before, the assassination of your father and prosecution of the perpetrators has absolutely nothing to do with your father’s wartime service or activities. Due process under the law is an essential element of any civilized society. What your family experienced was neither due process nor civilized, which is precisely why I hope your writ of mandamus is successful.
. . . round four:
“It is very admirable that you and your family maintained a tradition of military service.
“I was born and raised in Paterson, New Jersey and served four years in the USAF. I became a lawyer very late in life for the sole reason of seeking justice for my father. It became evident to me that I had a false illusion that there was justice with the department of justice. Our republic has been hijacked, but no one realizes it.
“The article referenced article has placed me in another adversarial situation which I am compelled to address one way or the other.”
http://www.northjersey.com/news/opinions/109604589_Nothing_obscure_about_this_man_s_disturbing_past.html
. . . my reply to round four:
Thank you for your service to this Grand Republic.
From what you have said and I have learned from other sources, I suspect there are hidden forces at play in denying your father the justice he deserves. From my perspective, you are taking the correct actions, in the proper forum, and doing what must be done.
As we say in the nautical services, godspeed and following winds.

As publicly announced, the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling released its final report – “Report to the President – Deep Water – The Gulf Oil Disaster and the Future of Offshore Drilling” dated January 2011. As they noted, there is more work to be done, e.g., the forensic examination of the BlowOut Preventer (BOP) and the environmental & economic recovery processes continue. I eagerly await the detailed report on the BOP; BP and the Commission offered numerous theories regarding the failure of the BOP to perform its intended function; I still want to know why. The recovery process will take years and decades, and is complicated by other unrelated Gulf Coast / Mississippi River Delta issues, so it will be quite some time before we have a handle on the consequences of the Macondo Well disaster. I learned a lot more about offshore oil exploration, among which was this notable statement, “Since 2001, the Gulf of Mexico workforce—35,000 people, working on 90 big drilling rigs and 3,500 production platforms—had suffered 1,550 injuries, 60 deaths, and 948 fires and explosions.” This one sentence affected my opinion the most, of all I have read and been able to absorb regarding the operation of the Deepwater Horizon, the Macondo Well disaster, and offshore oil exploration in general. Based on the BP and the Commission reports, the cementing of the well, as part of the completion process, was the critical step that failed. The operators tested the cementing job, but failed to recognize the compromised cement seal – the signs were present but the operators could not connect the dots for a clear picture and thus did not take the proper action to protect the people on Deepwater Horizon and seal the well. The BP report [456] provided the best technical assessment of the drilling operation, the sequence of well completion, and the mechanical failure. The Commission took the widest possible view to put the disaster in a larger context and hit the inadequate safety culture of the oil exploration industry, the Deepwater Horizon companies (BP, Transocean and Halliburton) specifically, and the pivotal contribution of inadequate risk management to this accident. As the Commission noted, BP emphasized personnel safety rather than process hazard assessment and mitigation. From my perspective, BP had a little too much of the rough-n-ready, wildcatter approach rather than a methodical hazard avoidance process. The industry needs to improve the situation awareness of operators and decision-makers. I believe the Deepwater Horizon operators did what they thought was correct based on the data they were able to absorb. Unfortunately for 11 workers, for an entire region, and for the offshore oil exploration business, the Deepwater Horizon operators were not able to comprehend what was happening 17,000 feet below them. The Commission acknowledged that the industry lobbied hard and successfully to avoid government regulation. Despite the prevalence of accidents, the industry managed to thwart any meaningful regulation or at least ensure MMS did not have the resources to execute regulatory mandates. As long as no major incidents illuminated the collusion, it was business as usual. Deepwater Horizon and the Macondo Well disaster fundamentally altered that paradigm. “[T]he Commission strongly believes that the oil and gas industry cannot persuade the American public that it is changing business-as-usual practices if it attempts to fend off more effective public oversight by chartering a selfpolicing function under the control of an advocacy organization.
“The recommendations reflect the government’s sweeping sovereign authority as both owner of the seabed and water column and as the regulator of activities, with the overriding responsibility to manage and protect the valuable resources of the Outer Continental Shelf (OCS) on behalf of current and future generations of Americans.
“A. Improving the Safety of Offshore Operations
“B. Safeguarding the Environment
“C. Strengthening Oil Spill Response, Planning, and Capacity
“D. Advancing Well-Containment Capabilities
“E. Overcoming the Impacts of the Deepwater Horizon Spill and Restoring the Gulf
“F. Ensuring Financial Responsibility
“G. Promoting Congressional Engagement to Ensure Responsible Offshore Drilling.”
The details of the Commission’s recommendations took a score of pages, which would overwhelm this humble forum. Let it suffice to say, the Commission focused entirely upon the need for comprehensive government regulation of the offshore oil exploration process. As illuminated by the Commission, the offshore oil drilling industry must take a more balanced approach to risk mitigation and used the full range of available technology, instead of the just-enough-to-get-by approach reflected in the Macondo Well disaster. As we know in the aviation business, balancing risk and safety is a constant challenge and an essential process. Lastly, based on all I have read and learned so far, the 1.December.2010 Interior Department seven-year extension of the offshore drilling moratorium is excessive, understandable but unwarranted, and ultimately counter-productive. The Commission concluded, “One lesson from the Deepwater Horizon crisis is the compelling economic, environmental, and indeed human rationale for understanding and addressing the prospective risks comprehensively, before proceeding to drill in such challenging waters.” They also made a specific statement, “[I]t is not necessary to put deepwater drilling on hold until all the changes are in place.” The moratorium extension has done just that. And so it goes.

News from the economic front:
-- The Wall Street Journal reported, “Bank of China Ltd., one of the country’s four major state-owned banks, has opened trading in the Chinese currency to customers in the U.S., representing a symbolic endorsement by Beijing of foreign trading in the yuan. The move is the first by a state-owned bank into yuan trading in the U.S. Trading in the yuan has ballooned since China first opened it up to offshore trading last July.”
-- The Commerce Department reported the U.S. trade deficit reached US$38.31B in
November, as exports grew more strongly than imports, despite rising energy costs – the third straight month; however, the trade gap with the PRC increased.
--The Labor Department reported the number of U.S. workers filing new claims for jobless benefits jumped last week to 445,000, as a weak economy keeps the job market from making significant improvement.
-- The Labor Department also reported a 1.1% increase in producer prices last month from November amid higher energy costs. Wholesale inflation was virtually nil after excluding volatile food and energy prices.
-- U.S. retail sales rose by 0.6% compared to the prior month, and excluding the volatile components of automobiles and gas, sales rose a modest 0.4% – the sixth sales gain in a row, including an unrevised 0.8% increase in November.
-- The seasonally adjusted consumer price index last month increased by 0.5% from November, while the core inflation, which excludes energy and food prices, rose by only 0.1%; both measures rose per economists’ expectations.

Comments and contributions from Update no.473:
Comment to the Blog:
“I wish the political parties would refrain from wasting time on pointless political showmanship such as the attempt to repeal the health care bill, but because showmanship apparently influences elections, we have to go through it.
“The author of the ‘God's Laws’ opinion is more annoying but less important than Cal Thomas. Thomas's contention that the Constitution cannot be interpreted is a failure of logic; any law that cannot be interpreted in the light of events not specified within that law becomes meaningless. I agree with you that Thomas's intention is to forward his own narrow and prejudiced interpretation.
“The short answer to the question, ‘Can't we just have majority rule?’ is ‘no.’ Without some level of protection for minorities, majority rule shortly becomes mob rule. However, as best I understand it, the specifics of the filibuster have been changed in recent years to favor a minority of Senators. We need to look at what is and is not reasonable under the Constitution.
“I saved the Huck Finn issue for last of these response to publication issues because it is not an issue of governance and because this censorship offends me a great deal. I do not use the "n word" in question even for clarity in discussing it, but that is a very important word. Clemens is one of my favorite authors largely because of his honesty. I believe he used that word intentionally for its honesty, and Twain's use of that word helped me understand his times and racism much better than "slave" or any other euphemism could have. The people who would change it would diminish a book that opposed racism in a time when racism was the norm.
“That those conducting a study of the Macondo Well/Deepwater Horizon disaster would find industry management to be the central failure in that disaster is not surprising. I will probably have more to say on this after I read a book I have borrowed on the subject. It is a well-researched discussion by a man who has thirty years of experience in the oil and gas industry. The book should prove enlightening.
“I want to applaud your phrase ‘the arrogance of ignorance.’ I will use that in many contexts; it is an excellent summary of the attitudes of many people.
“I do not yet have enough perspective on the shootings in Tucson to comment very well.
“Your economic item points out something: private-sector non-farm payrolls rose by 113,000 in December, but the total of non-farm payrolls rose by only 103,000. Is it time to consider government cutbacks as a source of significant unemployment?”
. . . my response to the Blog:
Re: political showmanship. Amen, brother! If one party or another needs to make a statement, call a news conference. Stop wasting time and money on the nonsense of symbolic votes.
Re: “God’s laws.” The original opinion struck me mainly be how close such rhetoric is to the Fred Phelps vitriol. I do agree; the Cal Thomas opinion is far more dangerous, as they invariably don the trappings of the constitutional purist, which inherently bestows righteousness. God’s laws invokes the ultimate rationale; after all, who dares argue with God . . . well actually with the moral projectionist’s interpretation of God’s laws.
Re: majority rule. Spot on, my brother. The last change to the filibuster was circa 1917, when the Senate agreed to Rule XXII, which provided for a supermajority (67%) to override a filibuster. Prior to Rule XXII, there was no cloture process.
Re: Huck Finn. Many of us are in agreement. In this week’s Update, I cite a Leonard Pitts opinion to the same point.
Re: Macondo Well disaster. The full USG report is due to be released today. I’ll read that one. I look forward to your book review.
Re: arrogance of ignorance. Glad you liked it. Use to your heart’s content.
Re: Tucson. We are all waiting for more information. I want to understand why. All the collateral political finger-pointing is disturbing at best. I have not seen one scintilla of information so far that even remotely suggests a political motive or supports the sheriff’s personal comments regarding inflammatory rhetoric.
Re: Employment. LOL; I thought precisely the same thing.
. . . a follow-up comment:
“Re Tucson: I have seen the shooter's YouTube videos, in part, replayed on various TV news shows. While they are not coherent, they are intended to say something political. The effect of thinly-veiled threats of armed insurrection by some Tea Party supporters remains to be seen, if it's ever seen. Rhetoric in general has been more intense in Arizona than most places, according to reports I've seen, and Rep. Giffords' Tucson office and another Arizona Democrat's offices have been damaged for political reasons concerned with the health care debate. I would be more concerned with the role model of violence than with the words.
“Gun control has been raised as an issue based on the Tucson incident. While I do not support the current unregulated gun trade, I will point out in the interest of fairness that Mr. Loughner had neither been convicted of a crime nor adjudged mentally incompetent, the two things that traditionally trigger gun control laws in the US. Mr. Loughner apparently was schizophrenic and dangerous but had not fallen afoul of the legal system or the mental health treatment system before he killed and wounded those people. His case makes a good argument for early detection and treatment of mental illnesses, but only then for gun control. We have a much better case for gun control here in Ohio, where a man who had previously been in a 26-hour standoff with the law and who had been treated in a facility for the criminally insane acquired guns and used them within the last week to kill a sheriff's deputy, wound another deputy and kill himself.”
. . . and my follow-up response:
Re: Tucson. I share your opinion; I am more concerned about the “role model for violence” than I am harsh political rhetoric. Aryan Nation and similar groups are true threats to peace and stability. I await any evidence of the political motivation or instigation in the Tucson tragedy.
Re: mental health & gun control. The issue as I see it is the gap between a free society and law enforcement. Loughner had not violated any laws, thus law enforcement could not take action against him. We have discussed the notion of the social police before. I see this capability as a reasonable bridge between a free society and law enforcement to hopefully identify those like Loughner who have not yet crossed the threshold of violating the law but show signs of instability and lack of respect that warrants community attention. As the Press has been reporting, a number of local citizens saw Loughner as unstable and a potential threat. In such cases, the social police could intervene in an official but not judicial manner to at least let the individual know we are watching and begin to build a profile that might be useful or productive regarding intervention, if by no other means than alerting neighbors, family and friends that such individuals have garnered the interest of the State. Perhaps it would be a process to enable mental health involvement or intervention short of the legal commitment process. It is not a fool-proof system, but it seems better than what we have today. Just a thot . . .

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