Update no.608

Update from the Heartland

No.608

5.8.13 – 11.8.13

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

To all,

The follow-up news items:

-- President Barack Obama announced plans to overhaul the operations of the FISA court and pledged to take other measures to disclose more information about secret National Security Agency programs.  The White House also announced the cancellation of a planned summit meeting with President Vladimir Putin of Russia in conjunction with next month’s Group of 20 economic summit in St. Petersburg, Russia.  A wide variety of talking heads across the political spectrum quickly attributed these and other actions to the Snowden disclosures [599 & sub].  I refuse to give the traitor such credit and recognition.  Then, I wondered, why would intelligent people give a traitor that kind of power and reinforcement?  My convoluted answer: those of the left want to emasculate our national defense apparatus, ostensibly to make us one with the world; and, those of the right seek the denigrate anything and everything Obama, even though some of the programs they revile have been around since the founding the NSA in 1952, and others were created under and approved by Bush 43.  All the politics aside, I disagree with the President’s recent, post-Snowden decisions in this matter.  We must find another way of protecting our rights while enabling enhanced intelligence collection processes; and, as the old saying goes, keep your friends close and your enemies closer.  ‘Nuf said.

[PS: As Snowden’s father has publicly claimed, I imagine his son did tell the truth . . . as he knew it.  The problem is, like Bradley Manning, Edward Snowden has very little capability to place the facts he collected into a proper context or complete picture.  This is one of the principal errors of his actions.]

An update from Aslan Tscherim Soobzokov on his continuing efforts to find justice for his father [474]:

“Cap,

“How are you brother?

“Did not forget you.  Please be informed that I filed a Petition with the United States Supreme Court after the Court of Appeals denied my appeal. 

“The case is docket as 13-159.

“May Allah ensure Justice.

“Salam and God Bless,

“Aslan Tscherim Soobzokov”

 . . . to which I replied:

Aslan,

            Thank you so much for the update.  It is unfortunate the appeals court refused to hear your argument.  Did the court offer any rationale for their denial?  I hope you are successful with your petition to the Supremes.  I guess the Federalists have been in the dominant position so far.

            All’s well here on the Great Plains.  We’ve had lots of rain, some high water, and fortunately no flooding for us.  I’m nearing retirement and look forward to writing full-time.  I’m working to get my next two books published as electronic books.

            My very best wishes to you and your family.

Salam and may God bless you,

Cap

The Supreme Court’s recent ruling in the case of Association for Molecular Pathology v. Myriad Genetics, Inc. [570 U.S. ___ (2013); no. 12-398] intrigued me more from a science perspective than the legal question.  The case centers upon the discovery by Myriad Genetics, Inc., of the precise location and sequence of two human genes, mutations of which can substantially increase the risks of breast and ovarian cancer – the BRCA1 and BRCA2 genes on chromosomes 17 and 13.  The company patented their discovery and consequently charged for the use of their information in prospective testing of women.  Signs of mutations in the BRCA1 and BRCA2 genes have led to women to seek a prophylactic, radical, double mastectomies, or hysterectomies – most notably in recent news the actress Angelina Jolie.  The Supremes were unanimous that naturally occurring nucleotides are not patentable.  They also limited the ruling to the specific issue at hand, leaving open the question of altered versions of naturally occurring nucleotides.  The most notable element of the Myriad decision is a rather curious, rare, minor sub-element.  Associate Justice Antonin Scalia felt compelled to write a very short, solo, concurring opinion, in which he said, “I am unable to affirm [the fine details of molecular biology] on my own knowledge or even my own belief.”  I have no idea why Scalia felt so motivated to declare his ignorance or unwillingness to study up sufficiently to avoid his declaration.

News from the economic front:

-- The People’s Republic of China (PRC) trade differential improved in July. Exports rose by 5.1% compared with the same month last year, after a 3.1% fall in June, while imports increased 10.9% year-over-year, a sign that domestic demand may be picking up.  The PRC maintained a trade surplus of US$17.2B, a positive sign amid widespread concern that for the world’s second-largest economy may be losing steam.

-- The Financial Times [of London] reported that the EU’s biggest banks will have to shed €661B of assets and generate €47B of fresh capital over the next five years in order to comply with forthcoming regulations aimed at reducing the likelihood of another taxpayer funded bailout.  The worry is greatest for smaller banks and the potential reduction of lending to the region’s small and medium size enterprises as a consequence of the new regulations.

Comments and contributions from Update no.607:

“Another good one.

“I've missed a few lately, so I may have missed your comments, if any, on Major ______(?)'s written confession (reported by Marc Levin) that he is  devout Muslim member of the Army of Allah dedicated to overcoming the evils of Christianity and constitutional governments in favor of Sharia law, etc, etc., as he renounced his citizenship and Army commission.

“I was all set to send a letter to the editor of Gannett's Clarion Ledger (Mississippi's primary newspaper), my only known way of expressing my opinion with any chance of public notice and fairly frequently printed, when I realized I am so forgetful these days that I could not recall the name of the Army officer who shot unarmed medical personnel at Ft. ____ four years ago, killing 13, and is finally being tried at this time for "workplace violence" rather than for the murderous war crimes he committed.

“Can you help me, before I further reveal my habitual ignorance?”

==Roger

My reply:

Roger,

            I think you are referring to:

5.November.2009 – Major Nidal Malik Hasan, USA, 39, rampage at Ft. Hood, TX, killing 13 and wounding 30, in a horrific attack – reportedly the worst attack on U.S. servicemen on U.S. military base. [412]

            His trial is supposed to start tomorrow (Tuesday, 6.August).  The judge has apparently allowed him to represent himself.  Unfortunately, the Army is treating this as a criminal act rather than a terrorist event.  I just hope he gets the punishment he deserves regardless of his political/religious motives or agenda.

 . . . round two:

“Maybe, under this administration, it is better for the Army to proceed on a "workplace violence" theory.  Obama's famous reluctance to call a spade a spade when it comes to Islamic terrorism is, in my mind, more confirmation of his overt sympathy for all things Islamic, his traitorous life-long disdain for his adopted country, and his agenda for our demise.”

 . . . my reply to round two:

            Appropriate observation, it seems to me.  The War on Islamic Fascism has never been clearly and distinctly defined from a legal perspective.  So, it should be no surprise such decisions are muddied and contaminated by the legal ambiguity.  To me, the question is quite clear.  In Hasan’s own words, he was motivated to “protect the Taliban,” which means actions were in support of or a direct contribution to the enemy’s conduct of the War on Islamic Fascism.  He should have been tried for treason, or at a minimum aiding and abetting the enemy.  As long as the outcome is the same and appropriate for his crimes, I suppose the path to conclusion does not matter much.

 . . . round three:

“The larger problem about the undeclared war is that the takeover of some of our cities and towns by Muslims, many of whom are at best silent about radical Islam and at worst overtly supportive, is well underway, just as in Europe.  Too put the future in far too simple terms, one could chose to predict the end of our republic as the historically assured result of takers outnumbering the earners or the intended result of installation of Sharia law in Islamic courts that eventually outnumber our constitutional courts.

“I, too, could be wrong, and I hope I am, but I see little to comfort those who predict our downfall at around the 250-300 year mark.”

 . . . my reply to round three:

            Do you have any examples that we might pay attention to regarding Muslims taking over cities and towns?

            I’m afraid I do not see it.  Muslims are not the boogey men.  The potential unwillingness of individuals who refuse to assimilate should and rightly so be a concern for all of us.  Sharia law is no different from the Inquisition – a religious court that has no place in a free society.

            Re: the 237th year of this Grand Republic.  I am quite familiar with Lord Woodhouselee’s Tytler Cycle.  I am not quite so pessimistic, or to paraphrase the words of Mark Twain, rumors of our demise may be greatly exaggerated.

Semper vigilans!

Contribution to the Blog:

“People continue to act surprised that bankers do unscrupulous things such as work both sides of wars. Your item from 1939 on the transfer of gold to Hitler’s Germany is indeed news to historians in the sense that it had not been revealed previously. This comes as no surprise, though. Banks exist to make money, not to further virtue.

“I had not noticed nor intended to paint all wealthy people as using Ayn Rand for their role models. I know a wealthy man and have known at least one other, neither of whom fit that model. Neither Bill Gates nor Warren Buffet fits the Ayn Rand concept either. However, I agree with the article that some of the wealthy use exactly that greed-based philosophy, and they are what is now known as conservatives. They also use the Tea Party dupes to further their cause, which prospers at present. The short-sightedness of their outlook will eventually bring them down in one way or another, but with even more suffering than they have already caused. You and I tend to agree on the role of government, except for the “intelligence” community and the size of the military.

“On the Supreme Court’s ruling on involuntary use of cheek swabs for law enforcement purposes (4th Amendment issue), I find myself in agreement with Mr. Justice Scalia, a rare event indeed. I agree that this particular kind of procedure should not be used prior to conviction. Search and seizure can be used differently on criminals, but one is not a criminal prior to conviction. Americans are innocent until proven guilty.

“Another Wall Street crook goes down, this one a Goldman Sachs gangster. I am slowly beginning to believe that the US Government will carry out its responsibilities in regulating the banking and finance industries.”

My response to the Blog:

            Re: bankers.  The profit motive does not just apply to bankers.  The profit motive is quite like a pistol on a gunslinger’s hip a century plus ago, which is precisely why balanced government regulation is required for good order and discipline.  We cannot depend upon the morality of individuals, as the destructive potential is too great.  That said, there are ethical bankers and corporate chieftains, so let us not indict all bankers.

            Re: conservatives.  You seem to paint with a very broad brush.  I think at the end of the day the issue is balance . . . between conservative & liberal, between profit & compassion, as well as all the other forces in our lives.

            Re: Maryland v. King.  The central issue was timing.  As I said, I could argue both sides.  The potential for abuse is real.  Nonetheless, there are two key elements to the King decision: 1.) involves violent acts with probable cause, and 2.) little difference between a cheek swab and fingerprinting + photographing + body search. 

            Re: Wall Street crooks.  First, those crooks are not confined to Wall Street; however, we shall use it as a generic reference to the “greed-based philosophy” as you noted.  Second, yes, we are seeing more convictions, but we are a long way from what is needed and warranted.

My very best wishes to all.  Take care of yourselves and each other.

Cheers,

Cap                        :-)