29 October 2012

Update no.567


Update from the Heartland
No.567
22.10.12 – 28.10.12
Blog version:  http://heartlandupdate.blogspot.com/
To all,
The follow-up news items:
-- This whole, “who shot John,” Benghazi kerfuffle is really getting irritating.  All these folks who know virtually nothing about intelligence operations, the fog of war, or the enormous challenge of sifting through mountains of information continuously seem to be quite authoritative in their condemnation of the administration in its handling of the before and after to the Benghazi attack [561].  There are never enough resources to respond to every threat.  Judgments must be made.  Probability says they cannot be correct every time.  Let us give the benefit of the doubt to those standing the line.

State Treasurer Richard Earl Mourdock of Indiana is a Tea Party conservative and the Republican candidate for U.S. Senate.  He defeated six-term Senator Richard “Dick” Lugar in the state’s spring primary election [543].  On Tuesday, Mourdock joined another Republican senatorial candidate Todd Akin [558], after stepping on the rape-abortion landmine.  During a campaign debate with his Democratic opponent, he answered a question regarding his position on abortion.  Mourdock said, “I know there are some who disagree and I respect their point of view but I believe that life begins at conception. The only exception I have to have an abortion is in that case of the life of the mother. I just struggled with it myself for a long time but I came to realize life is that gift from God that I think even if life begins in that horrible situation of rape, that it is something that God intended to happen.”  What is it about these men that compel them to be so bloody ignorant regarding rape?  Perhaps they have been so thoroughly consumed by their focus on the moment of conception that it totally blinds them autonomy of a woman’s body.  After all, in the classical sense, a woman was the necessary procreative vessel acquired by a man to produce offspring to extend his bloodline.  At the very root, men like Mourdock are so consumed by the urge to control and constrain a woman’s physiological procreative processes that they lose all perspective regarding EVERY citizen’s fundamental right to privacy, regardless of gender, race, ethnicity, religion, political affiliation, disability or sexual orientation.
            Here is a novel suggestion.  Let’s recruit a big, bad, bruisin’ bubba just outta prison to rape these bozos and then let’s see how they feel.  I am appalled at how ignorant and insensitive some men can be.  God’s will, really?  I recognize and acknowledge that abortion is an important political topic, but this nonsense of injecting the State into a very private, personal, and emotional issue is simply a non-starter.  Sure, the social conservatives and religious fundamentalists among us are passionate in their political position, but their beliefs do NOT give them the right to impose upon any citizen’s fundamental right to privacy and freedom itself.  If we want to solve the problem, then let us deal with the root causes rather than violate individual freedom.
            I want abortion to be relegated to the scrap heap of all the other outmoded and discarded medical procedures as much as the most ardent anti-abortion radical, but the notion espoused by some men like Mourdock and Akin that the State should intrude upon a woman’s most elemental right to privacy is an affront to freedom itself and not an acceptable or even tolerable path to the objective.  This is precisely why social conservatives like Mourdock will never gain my vote – freedom is simply too precious to be turned over to men like him.  If they can argue for the State to so intimately impose upon a citizen’s fundamental right to privacy, they can justify anything they wish.  No thanks!

Would someone be so kind to explain to me what they mean when some citizens say they want “to take ‘their’ country back”?  What do they mean?  How far back to they wish to go?  We could go back to 1965 and use the law to deny citizens with dark skin pigmentation the right to vote.  We could go a little farther back, say 1954, to segregate children based on their appearance or the appearance of their parents.  How about going back to 1920 and remove the right to vote for women . . . oh yeah, and we could prohibit the consumption of alcoholic beverages or other delivery systems while we are going back that far.  Perhaps they want us to go back to 1842 or earlier where only educated, Caucasian, male, land owners voted for governmental representatives and made the laws that governed all people – citizens or otherwise.  Oh heck, they might actually want us to go all the way back to the pre-revolutionary days when Protestant-Christian religion was the state religion, and imposed their religion upon everyone by law and certainly enforced by community condemnation and expulsion.  How far back do these “patriots” want us to turn back the clock?  As an enthusiastic but novice historian, what is it about the past that is so much more attractive than the future?
            From my perspective, this Grand Republic represents many principles, foremost among those is “Liberty and Justice for all” – Freedom – for all, not just the majority, or some privileged few, or those who happen to ascribed to certain processes for recognizing God’s greatness.  So, when some bloody politician says he wants to take our country back, I am intellectually offended.  What he is actually saying is, he wants to impose his beliefs, his opinions, his will upon all citizens.  He perceives that he is the majority, that he knows what is best for all citizens, that his freedom is essential, but the freedom of everyone else who does not think like him is subservient, less important, and otherwise contemptible.  To me, this “take our country back” notion is simply another form of royal prerogative or fascism for that matter.  So, the next time you hear some doofus politician says he wants to “take our country back,” I respectfully ask you to think about what that statement really means.

The third and last presidential debate, sans Libertarian, Reform and Green Party candidates, occurred on Monday, at Lynn University in Boca Rotan, Florida, moderated by Bob Lloyd Schieffer of CBS News.  The highlight for me was President Obama’s “horses and bayonets” retort.  We can argue the proper size of the military along with the associated Defense spending.  However, the germane question is the mission assignments of our military.  I believe Governor Romney was also correct; our military has been stretched far too thin, which in turn puts an inordinate and unacceptable strain on our citizen-soldiers.  This situation has been true since President Bush committed the United States in Afghanistan and Iraq as part of the War on Islamic Fascism without mobilizing the nation and expanding our combat forces accordingly.  Our military possesses vastly superior mobility than it did in 1917, or 1991 for that matter.  I am no longer convinced we need major combat forces deployed around the world.  Conversely, since 2001, I have likewise remained convinced we do not have sufficient combat forces to carry on combat operations at the level we have asked the military to sustain.  We should either grow the combat forces or reduce the missions to fit the forces we can afford.

After the United States Anti-Doping Agency (USADA) barred champion cyclist Lance Edward Armstrong for life from Olympic sports, Union Cycliste Internationale (ICU) President Patrick “Pat” McQuaid announced at a press conference in Geneva that Armstrong had “no place in cycling.”  The ICU erased his name from the record books and left those seven years without a winner as the whole sport was tainted during those years.  Even Bryant Gumbel vilified Armstrong in this week’s episode of HBO Real Sports.  The public destruction of Lance Armstrong is beginning to rankle my hackles and beginning to feel like gross over-compensation by the USADA and ICU for their inadequacies, complacency and ineptitude – to make Armstrong the public fall-guy.  Basta!  Enough already!

News from the economic front:
-- According to the Wall Street Journal, the federal government filed a civil lawsuit against Bank of America, alleging the bank passed losses to federal taxpayers by misrepresenting the quality of home loans it sold to government-sponsored, mortgage-finance firms Fannie Mae and Freddie Mac.  The action seeks at least US$1B in damages (which I suspect is a serious underestimation).  Also, according to the Journal, the filing represents “a novel effort by the government to defray costs tied to the 2008 bailout of Fannie and Freddie, and potentially opens a new front against a banking industry already dealing with hefty legal costs.”  I do not feel much compassion here.
-- Rajat Kumar Gupta, 63, the former managing director of McKinsey & Company as well as a director for Goldman Sachs and Procter & Gamble, was sentenced to two years in prison for leaking boardroom secrets to the former hedge fund manager Raj Rajaratnam [409, 410, 418, 435, 436, 491].  He was also a top adviser to the foundations of Bill Gates and Bill Clinton.   Gupta is the most prominent figure to face prison in the government’s sweeping crackdown on insider trading in the wake of the financial crisis of 2008.
-- The Wall Street Journal also reported that 80 big-name, U.S. corporate, chief executives, from Aetna to Weyerhaeuser, joined to pressure Congress to reduce the federal deficit with tax-revenue increases as well as spending cuts.  The Journal indicated the CEOs said “any fiscal plan ‘that can succeed both financially and politically’ has to limit the growth of health-care spending, make Social Security solvent and ‘include comprehensive and pro-growth tax reform, which broadens the base, lowers rates, raises revenues and reduces the deficit.’”
-- Her Majesty’s Government reported that the Great Britain’s double-dip recession has ended after the economy grew 1% in 3Q2012.  The strong rise in Gross Domestic Product (GDP) comes as welcome news for the government, whose austerity program has been under considerable political pressure.
-- Japan’s Ministry of Finance announced their intention to hold crisis talks with dealers in the government bond market, to address growing fears over the impact of a political standoff regarding state finances.  Opposition parties are blocking a bill that would allow the government to borrow ¥38.3T (US$479B) to finance this year’s deficit.  Sound familiar? The Opposition is using the financial situation to press Prime Minister Yoshihiko Noda to call a general election. Unless the bill is passed in the next extraordinary session of parliament [33 days], bond auctions would have to be scrapped for the first time in decades.
-- The International Monetary Fund (IMF) warned that Portugal must make tough policy choices to close a “large and durable fiscal gap” amid “rising social hardship” and growing “political and social resistance” to more austerity.  In the IMF’s report on Lisbon’s progress with its €78B bailout, they said the government would have to find some balance between “strong additional” adjustment measures and “avoiding undue strains on the economy and employment.” 
-- The remaining 9 of 16 identified banks received subpoenas in connection with the international investigation into alleged widespread LIBOR interest-rate manipulation by the banks [552].
-- The Commerce Department reported the U.S. GDP grew at an annual rate of 2.0% in 3Q2012, up from 1.3% in 2Q2012, but still too slow for significant job creation or reduction of the unemployment rate.  The GDP beat economists’ forecasts of 1.8% growth.  Consumer spending increased 2%.  The federal government spending surged 9.6% after falling in the previous two months.  The housing industry is showing signs of improvement.  The clouds of the Great Recession are thinning.

Continuation comments from Update no.565:
“This will be late for the coming week's blog, but I'll answer for my own satisfaction.
“I still find it confusing that you so staunchly defend personal freedom right up until someone uses the word "war" to excuse taking them away.
“Perhaps you need to study the European Union situation more closely. Germany has indeed bankrolled the troubles in Southern Europe, and that is what her part in the current crisis concern. The Germans seek to avoid responsibility for their (profitable) open-handedness. In any economic crisis, one need only follow the money to achieve understanding. I had thought of it as ‘common knowledge’ that the Germans are seeking to protect their bankers from risks fairly similar to the ‘too big to fail’ banks here.”
My reply:
Calvin,
            As I do in such cases, I include contributions in the next Update as continuations from the original.
            Re: personal freedom.  I do not see or sense the conflict of which you speak.  There are orders of magnitude differences between a law-abiding citizen, a citizen-criminal, and an extra-national battlefield combatant.  War is a discriminator both logically and under the law.
            Re: Germany.  I could say the same, actually.  Germany is not obligated to support Greece.  They have done so to date out of respect for and belief in the European Union, of which Greece is a member.  Under what obligation does Germany hold responsibility for the corruption, largesse and malfeasance of the Greek government?  Protecting their banks is a plausible cause, although not publicly substantiated to my knowledge (perhaps that is the study of which you speak); there are numerous other ways to indemnify their banks against loss without supporting Greece.
 . . . follow-up comments:
“The problem with your statement about ‘a law-abiding citizen, a citizen-criminal, and extra-national battlefield combatant’ is that it's the courts' job to distinguish among them, not the President's or any individual's. And you have yet to show me an actual war.
“You still need to follow the money to understand the German role in the EU, not some ideological concept.”
 . . . my follow-up reply:
           Re: court’s job.  As a general rule, you are precisely correct, and as applied to the first two, there is no argument whatsoever.  However, if you consult recent judicial decisions, I do believe you will find that rule is not quite so clear.  We can go back to:
Ex Parte Quirin [317 U.S. 1 (1942)] [170]
regarding unconventional combatants.
Recent rulings are mixed and I would say still unsettled, although leaning heavily toward the government’s broad authority regarding “extra-national battlefield combatants”; see:
Al-Aulaqi v. Obama [USDC DC case 1:10-cv-01469-JDB (2010)] [479]
Bensayah v. Obama [5CCA no. 08-5537 (2010)] [448]
Al Maqaleh v. Gates [CCA DC no. 09-5265 (2010)] [463]
among others.  The Supreme Court has yet to decide these extra-national battlefield combatant cases. 
            Re: war.  To show you “an actual war,” I must know what your definition of war is?
            Re: follow the money.  Indeed!  That task is beyond my capability and capacity.  I have not seen any public information that would suggest the culpability of the German banks you indicated.  Your assistance with such information would be greatly appreciated.

Comments and contributions from Update no.566:
“Good points on the Benghazi attack.  Congressmen Issa and Chaffetz made fools of themselves when they held open hearings on the issue and divulged classified information while trying to play gotcha.   Actually, we shouldn’t know the details about what the USG was  doing there- and who was doing it—‘sources and means’.  Below is an account of the attack which seems to be factual- and non-ideological.
My reply:
            I absolutely agree.  We have no right to know the details for a host of OpSec reasons, not least of which is sources and means.  The USG has carried out intentional subterfuge through history, e.g., Operation TIGER, the disaster at Slapton Sands, prior to Operation OVERLORD.  To me, what label we put on it is irrelevant.  Doing a proper investigation and going after the perpetrators are relevant.  Nonetheless, my military and historical curiosity are peaked.  Also, SecState must make security judgments every day; occasionally she’ll get it wrong – a fact of life in wartime.

Another contribution:
“I actually heard that expression what was it? Goosy Woosie, on the BBC this week!  I could hardly believe my ears!
“Your presidential campaign is getting, as always, a lot of coverage here.  Doing some channel hopping last night before bed I found coverage on 'Russia today, Sky news, and Al Jazeera'. Whilst the BBC are going frantic over accusations that they allowed a pop presenter, a one Jimmy Savile (later knighted) free range with young girls. Today the [BBC] DG is being questioned by MPs.  The British public, who saw this character as a great social benefactor, are I believe, in genuine shock at these accusations now running into over 100.  But there you are Cap, these people are amongst us, they move in the darkened corners of life, they creep and slither in the long grass of their paltry existence. They are to be guarded against and treated for the despicable acts they perpetrate. I know from my own youth work how alert we are to this threat but somehow they sometimes get through the safeguarding system.  I have my own views on how to treat these misfits but you my friend might find them a bit right wing or possibly you wouldn't.
“Oh by the way, was going through some old research and found one of our earliest e-mails 2002! Can you believe that? I can't. I notice I was researching the book I have just finished this summer!. Unbelievable.  Have you ever been to Abilene? Could be a song title that. I'm sure I still owe you a pint... we need to sort that.
My response:
            Re: “Goosy Woosie.”  I think the term you are referring to is, Loosey Goosey = undisciplined, unstructured.  I thought it was a uniquely American term.  Then again, we borrow your phrases too.
            Re: “presidential campaign.”  Our silly season has less than two weeks to go, then we shall be done with it.  I will be glad to have it done, although this year’s version was not as oppressive as the 2008 edition.
            Re: “Savile.”  There are bad men everywhere, in all walks of life.  We must be ever vigilant.  The Savile case appears to be a bona fide case of pedophilic action, and if so proven in a court of law, I doubt you could be more severe than me; I hope he feels the full weight of the law.  Unfortunately, such cases seriously cloud the intellectual debate. 
            It has been some time, now, hasn’t it.  No, I’ve not been to Abilene, yet, I’m sad to say.  I’ve been looking for a good Saturday to take a nice bike ride up there to visit the Eisenhower Museum, but not made it yet.
            I’m not sure who owes who a pint, but we could sure have fun tradin’ obligations.  LOL  Someday, we shall enjoy the opportunity.
 . . . follow-up comments:
“Oopps sorry, now I'm confused! Did I hear Gossey Wossie or Lossey Gossey, ah, what the hell...
“This man Savile, is deceased by approx. 1 year. He was awarded a Papal Knighthood for his good work. The head of the Catholic Church here is being urged to contact the Pope to have the honour rescinded. He was knighted by the Queen and appeared an all-round good egg. The dirt surrounding this individual gets deeper by the day. His onerous activities were known by some but nothing was said. Did we accept that behaviour then, as some are saying?  And now in more enlightened times we find it so offensive? The problem deepens as now other dignities from the entertainment world of his time are being dragged into this mire. We have not heard the end of this by far. It's a sad sad business for sure.  I hope there are no other skunks lurking in the long grass and planning such despicable activities still masquerading amongst us. I apologise that's an insult to Skunks.  His rather grand headstone has been removed by his family and broken up.  A man who did so much good in our society and yet did so much harm.  Extraordinary.
“Enough Cap, I think I this man doth complain too much. There are good things in life, family, friends, colleagues and the English weather. But there I overstep myself! 2dgsC = 36F tonight and it's still October!
“Ah yes, the Eisenhower museum. When I was researching my now finished wartime love story they were very helpful on his origins and life. Although I never mentioned him by name in my writings I hope it's obvious to the reader that it is him. The smiling general says it all. I would like to have met him. There aren't many I can put into the category but he is one.  Although I understand he wasn't such an exceptional President?  Yes Cap a visit I would like to make too. We get no younger.  These things need doing!  Enough! I meander through life, but not alone. Goodnight. I need to make large steps not small ones.”
 . . . my follow-up response:
Peter,
            No worries, mate.  We can make new phrases.
            Re: Savile.  I suspect there will be more rats in the nest.
            Re: weather.  It was sunny here today, but nighttime temperatures are below freezing.  ‘Tis that time of year.
            Re: Eisenhower.  He was an interesting man – the right man at the right time.  He was not a great president, but he was certainly not the worse either.
            Re: visit.  Indeed, my friend.

Comment to the Blog:
“I’m glad you spent time with your grandkids. That’s one of life’s joys.
“Conspiracy theories give people something to do other than face their own lives. Kind of like getting drunk without the hangovers. The Benghazi discussion comes as an opportunity to those who seek electoral victory at any cost to the nation.
“China’s economic slowdown is a short lesson in macro-economics. The Chinese economy depends on EU and US consumption. Their interdependence with other economies disproves the notion that we all compete with each other. The fact is, Adam Smith’s picture of small shopkeepers and local consumers has given way to cargo ships, automation, and worldwide instant communication. “Our” interests and “their” interests, as nations, have a great deal in common. Unfortunately, we have yet to learn how to harmonize for the general benefit.
My reply to the Blog:
Calvin,
            Re: grandchildren.  Thx mate.  There are all treasures and life’s reward.
            Re: conspiracy theories.  Well said, indeed!  Spot on!  This whole “who shot John” kerfuffle is a non-productive distraction from the real issues, and as you said, a blatant partisan political ploy to gain votes.  I do not take kindly to such nonsense.
            Re: world economics.  Agreed.  Yet, there are other factors that mutate the interdependency model, e.g., national political factors, hegemonic pressure, et cetera.
Cheers,
Cap
 . . . follow-up comments:
“I think by ‘mutate’ you must mean ‘mitigate’ (lessen). I agree that those nationalistic factors do indeed detract from people's ability to see and carry out that interdependency. All the same, the fact is that the various economic "actors" need each other. The ability to work with that despite short-sighted distractions is one means of demonstrating foresight and insight. That, of course, is not easy.”
 . . . my follow-up reply:
            LOL.  Well done.
            Well, actually, I did intentionally choose the word mutate = to change.  Not all change is good.  The PRC feels the energy of its expanding economic power.  Some of those motives are understandable nationalistic interests.  Some of those interests must be tolerated, as they must tolerate our nationalistic interests, but when those interests become hegemonic as they are in the South China Sea or with the Senkaku/Diaoyu Islands, things can get out of hand quickly.  The same assessment can be made with the IRI’s drive for nuclear technology; I do not doubt their desire for energy production, but likewise I believe they also seek a nuclear weapon as well as the production of dangerous materials to be passed to their surrogate terrorism actors to destabilize the West and specifically the United States; they want to dominate the region just as Darius I sought.  The world economy is not a simple engine.
Cheers,
Cap

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

22 October 2012

Update no.566


Update from the Heartland
No.566
15.10.12 – 21.10.12
Blog version:  http://heartlandupdate.blogspot.com/
To all,

We thoroughly enjoyed a long-weekend, road trip to Austin, Texas, to visit the southern contingent of grandchildren and their parents as well as celebrate their magnificent new patio and Mom’s 29th Birthday (wink-wink).  A great time was had by all.  Now, we must return to the daily routine.  The Update is late and needs to be published, and the salt mine beckons.

The second presidential debate of this silly season took place on Long Island, New York, at Hofstra University in a town hall format, moderated by Candy Alt Crowley of CNN.  This event was a more testy and raucous affair than the first one.  The one topic that stuck out to me was all the wasted time surrounding whether the Benghazi attack was a spontaneous protest gone violent or an outright, planned and executed, assault by an al-Qa’ida affiliate – a ludicrous waste of time and intellectual capacity.  Still to this day, the facts associated with the Benghazi attack have not been made public.  What bloody purpose does this damnable labeling crap serve?  A Benghazi cover-up . . . you’ve got to be kidding me!  Why is it folks are so attracted to conspiracy theories?  Is it the entertainment value?  Is it rabid curiosity?  I have a hard time understanding this obscene penchant for conspiracy.  My assessment that week [561] was not far off based on the public information available at the time.  I was rather surprised when Crowley called out Romney regarding the President’s statement in the Rose Garden the day after the attack.  Ambassador Rice calling the attack a protest gone violent seems to be irrelevant, from my perspective.  I would like to hear arguments for the significance of this whole labeling kerfuffle.

News from the economic front:
-- The consumer price index for the People’s Republic of China (PRC) rose 1.9% from a year earlier, slightly down from August’s 2.0% rate.  The producer price index declined 3.6% from a year earlier, slightly lower than August’s 3.5 % decline.  Inflation has come down from a high of 6.5% last year and analysts expect it to remain relatively low for many months to come.
-- The PRC’s Gross Domestic Product (GDP) grew by 7.4% in 3Q2012 from the same period last year, marking the 7th consecutive quarter of slowing growth in the world’s second-largest economy.  The data indicate the PRC is on track for its weakest annual growth since 1999, due to slowing domestic investment and weak demand from major export markets, primarily the EU, which has been the largest recipient of Chinese exports for years.

Comments and contributions from Update no.565:
Comment to the Blog:
“The questionable timing of the Benghazi investigation continues a pattern of rabid partisanship that has already cost the United States much in the opinion of the rest of the world, and that translates into major problems in economics and international relations.
“I also have no use for the Presidential debates or for their lesser examples in other races. I took advantage of my opportunity to vote early the day before the first debate.
“I take Mr. Franck’s whining about having to follow the law with respect to others’ rights as one more example of some (not all) Christians trying to present themselves as a kind of persecuted majority for not being allowed to control the rest of us. His citing of a Vatican document as somehow equivalent to the US Constitution in US law is at once ludicrous and insulting. His opinion is unworthy of further attention. Justice Story gets more of my attention and respect. He was closer to the origins of this country and apparently put much more effort into his study of the issue. I had not been aware of Justice Story; I will learn more of him.
“Felix Baumgartner’s spectacular parachute jump provided entertainment for several million people. I suppose there must be some other significance to it, but that eludes me.
“The rule of law in the United States, which invented the concept, continues to decline. President Obama has followed President Bush (43) in seizing power, Constitution be damned. The damage is not limited to them, though, as you point out with regard to Minnesota’s extrajudicial detention of people it fears.
“My comment on the economy: I have concluded that taxes need to rise even on near-poverty incomes such as mine. Americans continue to want road maintenance, police protection, and many other government services but have somehow been convinced that we need not pay for those services. Nonsense!
“In your comment on Southern Europe, you say they are, ‘. . . way too far down the socialist spectrum, verging on anarchy.’  You need to take one side or the other; socialism and anarchy are opposites.”
My response to the Blog:
            Re: Benghazi investigation.  Spot on, brother!  The timing was suspect from the get-go, but the theatrical performance of some representatives on the panel was downright nauseating.  They could care less about the facts; they are only interested in making the sticky bomb stick.  I find it incredulous that some folks sop up that tripe.
            Re: voting.  Good for you.  I’ve requested my absentee ballot (just in case) but not here yet.
            Re: Franck essay.  Again, spot on!  I decided to include my review simply because I could not believe he tried that hard to mask his parochialism in studious trappings.
            Re: Story Commentaries.  His opus magnus is worth the reading effort, especially if you are interested in history and/or the genesis of the Constitution.  I’ve read chunks of the Blackstone Commentaries [on English common law], but I decided to read all of the Story Commentaries [and took notes] as they more directly apply to Americans.  As a side note, I continue to be amazed at how little, influential history is covered in conventional American history teaching.  I read sections on the Commerce Clause and the Amendments several times.
            Re: Baumgartner jump.  Far more data were collected than on the Kittinger jump.  I would say the significance is the science & engineering involved in preparation and execution.
            Re: extrajudicial detention.  I presume your accusations toward President Obama are focused on the Guantánamo Bay detention facility.  If so, my criticism would be quite the opposite.  We released far too many jihadi battlefield combatants, allowing them to return to their indiscriminant killing.  Fortunately, we have killed some, although many more remain on the loose.
            Re: taxes.  Once again, spot on!  The Tea Party folks apparently want to choke spending by slashing revenue.  This debate will boil down to what do we spend the treasury on?  They want spending on their stuff, but not the other guy’s stuff.  And, rather than find appropriate compromise, they spend on all of the above.
            Re: take a side.  LOL  Nicely done!  I should have been more explanatory with my words.  I did not intend to imply socialism and anarchy were adjacent milestones on the same continuum.  Anarchy can be one of numerous outcomes in a failure of socialism, or capitalism, or fascism for that matter.  Greece in particular is verging on anarchy as we speak.  The people suffer the inevitable pain of austerity, and yet the corrupt politicians and wealthy continue to defy the law and suck down precious resources to pad their wealth.  The politicians, being the crafty devils they are, have convinced the people that Germany is the root cause of their suffering.  I believe the bill will come due eventually and that will be anarchy, as the rule of law breaks down completely.
 . . . a follow-up contribution:
“I find voting at home much more relaxed than voting in a booth. I can take the time to find my chosen candidates, to follow a sample ballot carefully, or in my case some of each. Nobody waits in line to vote after me and no talk and other noise distracts me.
“Re extrajudicial detention and related abuses of power: Obama has taken what Bush built and extended it. For US citizens, Guantanamo is no longer the central issue. Obama claims as his ‘right’ the power to do anything, up to and including killing, to anyone with no judicial process of any sort. That, I submit, reaches beyond the level of power that any human being can handle with integrity and wisdom. The Founders of this nation foresaw that and put due process into the Constitution.
“Thank you for the clarification that you see Greece’s government as “socialist” and them facing something nearing anarchy from their people as what you feel is the result of that socialism.
“It’s interesting that you put your comment on the Greek situation as you did. ‘. . . The corrupt politicians and wealthy continue to defy the law and suck down precious resources to pad their wealth’ could be a description of what is happening here as as easily as there. Germany in the Greek case parallels to the ‘too big to fail’ bankers here rather neatly.
 . . . my follow-up response:
            Re: voting.  I’m not partial to lines or crowds either.  Yet, I always worry about whether my vote will be counted.
            Re: extrajudicial detention.  We shall continue to respectfully disagree.  President Obama finally came around to doing what has to be done.  The Commander-in-Chief is fighting a war than must be fought; he has a lot of latitude in wartime.  Due Process does not apply in warfighting and especially to extranational battlefield combatants, who are operating outside any established law (well, other than a rabid fundamentalist interpretation of Q’uran-ic law).
            Re: Greece & Germany.  Wow!  That is quite a leap.  Germany is not Europe’s banker.  Germany is a sovereign nation in a confederation.  California is about the closest we have to a Greek state.  I wonder how we would handle California going bankrupt.  I think Germany has been helping Greece and the others more for the EU than for any altruism for the southern states.  If Germany played some part in Greece’s financial situation, then it might have some obligation; however, I am not aware of any such connection.  Thus, Germany has no obligation, and Greece is acting like a drowning man – desperate and able to bring down anyone who tries to help.
   “That’s just my opinion, but I could be wrong.”
Cheers,
Cap

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

15 October 2012

Update no.565


Update from the Heartland
No.565
8.10.12 – 14.10.12
Blog version:  http://heartlandupdate.blogspot.com/
To all,

The follow-up news items:
-- Congress is adjourned to allow our vaunted and noble representatives to focus on their re-election.  Yet, the even nobler and conscientious, House Oversight and Government Reform Committee is investigating the Benghazi attack [561] and seems to have a rather strange agenda . . . well, given the polarized, political partisanship in Congress, perhaps not so strange, now that I think of it.  Republicans are in a fire-aim-ready mode, far more interested in affixing blame rather than determining the facts and root cause.

Vice President Joseph Robinette “Joe” Biden, Jr. and Representative Paul Davis Ryan of Wisconsin squared off for their only public debate, moderated by Martha Myrna Raddatz of ABC News.  Well, first things first, the VP debate was far more entertaining than the 1st presidential debate.  I think that is about the best thing I can say.  These events rarely, if ever, offer anything of substance.  We, the People, are still left with absorbing all the relevant information we can acquire to place the statements of the candidates into some sort of meaningful perspective.  No need to waste anyone’s time.

           There have been events in my life where I felt His Hand.  Some call it karma, some divine intervention . . . others may called it fate, or even luck or happenstance.  There are big events, little moments, and private instances.  These junctures, the proverbial fork in the road, come to all of us – some recognize them, some do not.
            As even a casual reader must know, I have been on a quest to understand the Constitution and the impact of the law on our lives.  I continue to read various judicial pronouncements at all levels from a district court to the Supreme Court, both in this Grand Republic as well as other nations.  I also read key formative documents that illuminate our history and the genesis of our laws.  Months ago, I decided to read and I am nearly finished with the opus magnus of Associate Justice Joseph Story (the youngest Supreme Court justice in history (32yo), served 1811-1845) – Commentaries on the Constitution of the United States (in 3 volumes) [412].
            Perhaps fortuitously, as I completed the Story Commentaries, the following essay arrived at our home.
“Individual, Community, and State: How to Think about Religious Freedom”
by Matthew J. Franck, The Witherspoon Institute
Imprimis
Hillsdale College (Michigan)
Published: September 2012; vol.41, no.9
Matthew opened his essay, “There is a growing awareness among Americans that religious freedom has come under sustained pressure.  In the public square where freedom of religion meets public policy, it becomes clearer all the time that there is a high price to be paid for being true to one’s conscience.”  He cites a number of contemporary cases reviewed in this humble forum to illuminate his underlying premise.
28.6.10   -- another 1st Amendment assembly & speech case (university student group)
Christian Legal Society v. Martinez [560 U.S. ___ (2010); no. 08-1371] [U-451]
Argued April 19, 2010--Decided June 28, 2010
3.4.09   unanimous Iowa Supreme Court ruling on marriage rights
Varnum v. Brien [SC IA no. 07–1499 (2009)]     [U-381/2]
11.1.2012   established a “ministerial exception” for religious freedom
Hosanna-Tabor Evangelical Lutheran Church and School v. E.E.O.C. [565 U.S. ___ (2010); no. 10-553]        [NYR]
Argued October 5, 2011--Decided January 11, 2012
27.7.12   Judge John L. Kane Jr. issued temporary injunction on behalf of Newland family & Hercules Industries regarding presidential mandate ico
Newland v. Sebelius [USDC CO case
1:12-cv-1123-JLK (2012)] [U-555]
Dated: July 27, 2012
·     Christian Legal Society v. Martinez [560 U.S. ___ (2010); no. 08-1371; 28.June.2010] [451]
·      Varnum v. Brien [SC IA no. 07–1499 (2009); 3.April.2009] [381/2]
·       Hosanna-Tabor Evangelical Lutheran Church and School v. E.E.O.C. [565 U.S. ___ (2010); no. 10-553; 11.January.2012] [NYR]
·       Newland v. Sebelius [USDC CO case 1:12-cv-1123-JLK (2012); 27.July.2012] [555]
Franck went on to note, “It is that no one can claim, on behalf of an incorporated business he owns, any right of religious freedom or conscience that can trump a requirement of law.” [emphasis: the author]  Further, he said, “[T]here is a characteristic failure to perceive the legitimate contribution of religion to public discourse.”  There are points of agreement and many elements of disagreement; herein lies one key factor.  I would make precisely the same statement and implied accusation back to Matthew Franck.  The essential question appears to be, does religious freedom overwhelm all other freedoms and rights?  Thus, what place does religion have in proper public discourse?  Franck also quotes from Madison’s Memorial and Remonstrance [1785] and the Second Vatican Council’s Dignitatis Humanae [1965], as comparable documents espousing the place of religion in public debate, specifically from the “‘social nature of man,’ and the natural consequence that ‘he must profess his religion in community.’”
            In contrast, Joseph Story recounts in exceptional detail the legal creation of each of the colonies, or rather colonial states, as well as the evolution of political thought that contributed to the Declaration as our societal manifesto and the Constitution as the foundation of our laws and governance.  Story noted the importance of Protestant Christian religion in the formative years.  Even at the time of the Commentaries, the influence of religion remained pervasive, and while marginally more tolerant than the colonial era, the predominant Protestant religion continued to practice rampant discrimination against those who did not believe as they believed.  Story’s reflection upon the first phrase of the First Amendment, “In fact, every American colony, from its foundation down to the revolution, with the exception of Rhode Island, (if, indeed, that state be an exception,) did openly, by the whole course of its laws and institutions, support and sustain, in some form, the Christian religion; and almost invariably gave a peculiar sanction to some of its fundamental doctrines.”  Story concluded his assessment of the freedom of religion, “It was under a solemn consciousness of the dangers from ecclesiastical ambition, the bigotry of spiritual pride, and the intolerance of sects, thus exemplified in our domestic, as well as in foreign 'annals, that it was deemed advisable to exclude from the national government all power to act upon the subject.”
            To answer my previous questions, neither the First Amendment nor our laws exempt religious organizations from enforcement.  Religion is not an excuse for the imposition on other citizens.  Therefore, religion does NOT trump the law.  The difficulty for We, the People, rests upon balance.  The First Amendment prohibits the imposition of the State upon religion. However, there is an equally important implicit prohibition upon religion’s right to impose upon other citizens.  Thus, the question transforms into where do we draw the line?  What is the proper balance?  To me, the answers are simple, yet I recognize that to others they are not so simple, or rather others draw the line deeper into the private domain.  Let the debate continue.

On Sunday, 14.October.2012, at 14:05 [T] MDT, history was made when Felix Baumgartner jumped from a balloon gondola at 127,800 ft ASL, achieved a speed of M1.24 (834 mph), and broke numerous records, including the long-standing Kittinger record [16.August.1960].  Congratulations to Baumgartner and the Red Bull Stratos Team for a job well done.

On Tuesday, the Supreme Court denied the appeal and refused to hear the arguments in the expansive case of In re: National Security Agency Telecommunications Records Litigation {AKA Hepting v. AT&T [9CCA no. 09-16676 (2011); D.C. nos. 3:06-cv-00672-VRW; M:06-cv-01791-VRW]; 29.December.2011}.  The case was a collective of 33 cases regarding the National Security Agency (NSA) “Terrorist Surveillance Program” (TSP) – the warrantless electronic surveillance project.  I am a long way from reading all the contributing judicial documents, although we have reviewed some:
·      ACLU v. NSA [USDC MI(ED{SD}) no. 06-CV-10204 (2006); 17.August.2006] [245]
·      Al-Haramain Islamic Foundation v Bush [USDC OR no. 06-274-KI (2006); 7.September.2006] [343]
·      In Re: National Security Agency Telecommunications Records Litigation, the appeal of al-Haramain Islamic Foundation v Bush [2.August.2008] [343]
·      Al-Haramain v. Obama [USDC CA(ND) M:06-cv-01791-VRW (2010); 31.March.2010] [433]
Shortly after 11.September.2001, President Bush issued consent orders allowing the NSA to significantly expand electronic surveillance efforts in the War on Islamic Fascism.  The TSP remained secret, compartmented and highly classified until 16.December.2005, when the New York Times published “Bush Lets U.S. Spy on Callers Without Courts” by James Risen and Eric Lichtblau [210, 343] – 1st public disclosure of the TSP.  Six weeks later, the President acknowledged that following 9/11 he authorized a “terrorist surveillance program to detect and intercept al-Qa’ida communications” and stated that the program applied “only to international communications, in other words, [where] one end of the communication [was] outside the United States.”  As is so often the case in this Grand Republic, the lawyers went into convulsions of effervescent excitement.  Congress did not miss the significance and importance to national security of the disclosure and subsequent legal actions.  On 10.July.2008, President Bush signed into law the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008 (FISAAA) [PL 110-261; HR 6304; Senate: 69-28-0-3(0); House: 293-129-0-13(0); 122 Stat. 2436] [344].  The specific law at issue in Hepting is §802 – Procedures for Implementing Statutory Defenses [122 Stat. 2468; 50 USC 1885a] added by FISAAA, Title II, §201.  The law allows the government to retroactively indemnify telecommunications companies that contributed to the TSP.  Circuit Judge Mary Margaret McKeown wrote for the unanimous three-judge panel of the 9th Circuit Court of Appeals and declared the §802 constitutional.  She wrote, “The intelligible principle that comes through in the legislative history [of the FISAAA] is one of protecting intelligence gathering and national security information.”  Courts at all levels upheld the constitutionality of §802 and the Supreme Court implicitly concurred.  As a consequence, the court felt the law had minimal impact on any particular citizen’s 4th Amendment protection.  History shall judge the validity of the law and these arguments in defense of the law.

Every so often, a judicial pronouncement sparks heightened curiosity regarding the logic and reasoning.  So, it is in the case of Sullivan v. United States {[2012] EWHC 1680 (Admin) Case No: CO/1672/2011} – an extradition petition to Her Majesty’s Government for the return of a fugitive-from-justice, American citizen – Shawn Eugene Sullivan.  The issue at hand did not involve the alleged crimes, rather that if extradited, Sullivan would be exposed to “a real risk” of detention “under a process known as ‘civil commitment’” in contravention to “Article 5 of the European Convention on Human Rights.”  The law in question before the British court was the Sexually Dangerous Persons Act 1994 [Minnesota Statute § 253B.185 – Sexual Psychopathic Personality; Sexually Dangerous] that provided for indefinite detention of any convict determined to be “irresponsible for personal conduct with respect to sexual matters and thereby dangerous to other persons” as evaluated by the Minnesota Sex Offender Screening Tool Revised (MnSOST-R).  To put this legal debate into a relevant perspective, Sullivan is alleged to have sexually assaulted two girls under the age of 13 during the autumn of 1993, in Dakota County, Minnesota, and raped a 14-year-old girl on 31.January.1994, in Hennepin County, Minnesota.  Local law enforcement interviewed Sullivan regarding the Dakota County crimes at about the time of the Hennepin County rape.  Sullivan fled the country shortly thereafter.  Further, he was convicted of indecent assaults on two 12 year-old girls in Ireland in 1997.  I know we are not supposed to rush to judgment before trial, but events begin to paint clear picture – Sullivan needs to face a jury and answer the charges in Minnesota.  Lord Justice of Appeal Moses (Sir Alan George Moses) decided the Minnesota civil commitment law had the potential to violate Sullivan’s rights, thus he denied the extradition petition.  Bad characters like Sullivan need to be in prison.  I certainly do not wish a bad man on the British people, but I suspect he will do more to invite incarceration in England.  One way or another, justice will visit the perpetrator.  My interest in this case sprang from curiosity surrounding Sir Alan’s reasoning; I agree with Lord Justice Moses.  Although he did not say it, sex makes us crazy.  Indefinite extra-judicial confinement is an instrument of state that nearly invites abuse. 

News from the economic front:
-- The International Monetary Fund (IMF) issued its World Economic Outlook, and lowered its forecast for global growth next year, as it criticized U.S. and EU policy makers for their failure to resolve their fiscal challenges, which is threatening to worsen an already “slow and bumpy” global economic recovery.  The IMF lowered its forecast for global economic output from 3.9% to 3.6%.  They also noted their forecast assumes the U.S. Congress will take action to avoid the sequester “fiscal cliff” and that eurozone governments will follow the European Central Bank’s plan to buy sovereign debt by committing to economic reform and closer integration.  The IMF outlook provided ample ammunition to critics of government austerity, concluding that governments had systematically underestimated the damage done to growth by tax rises and spending cuts.
-- U.S. Attorney for the Southern District of New York Preet Bharara filed a civil lawsuit on behalf of the Federal Housing Authority against Wells Fargo & Co., accusing the biggest U.S. mortgage lender of behaving recklessly in issuing federally backed home loans. The action is the latest example of prosecutors and regulators going after banks for alleged misconduct in the housing boom and financial crisis.

Comments and contributions from Update no.564:
“Loosey goosey! Not heard that one before Cap.
“Hear hear to your comment re Spain and Germany. I see Angela's getting a hard time today. As if it's the German's fault they have messed in their own kitchen (or bed as we Anglo Saxons might say.)”
My response:
Peter,
            Re: “loosey goosey.”  LOL  It is a highly technical term for one’s habit of not being very precise or factual with statements.
            Re: Merkel.  Spot on, brother.  I do not like what I see in Southern Europe . . . way too far down the socialist spectrum, verging on anarchy.  The Greeks, and to a certain extent the Italians (I do not know so much about the Spaniards & Portuguese), chose to not enforce their tax laws, granted exorbitant entitlements, and were otherwise generous beyond their means with their citizens; and, now they expect Germany to make good on all the borrowed promises of their government.  Not good for any of us.
Cheers,
Cap

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