Update no.1058

Update from the Sunland

No.1058

18.4.22 – 24.4.22

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

 

To all,

 

I watched a three-part HBO documentary series by Emmy-winning filmmakers Phil Lott and Ari Mark titled The Invisible Pilot, about a daredevil, drug smuggling pilot named Gary Betzner. His passion for flight was of some interest, but his proclivities got him involved in a CIA covert operation during the Reagan administration that became known as the Iran-Contra Scandal. I thought I knew a good chunk of the history, but I learned more than a few new elements I had not heard before. Reagan publicly took responsibility, but then he tried to deflect his culpability by claiming he did not know what his lieutenants were doing. To me, that claim of “I didn’t know” is just as lame and feckless as “I was only following orders.” Reagan escaped accountability and that was our failure.

 

The follow-up news items:

-- The on-going political conflict boiling around the ravages of a global pandemic [946] rocketed into full public display on Monday, 18.April.2022, when a federal judge in Tampa, Florida, issued a ruling regarding the federal mask mandate. U.S. District Judge Kathryn Kimball Mizelle (nee Kathryn Anne Kimball) of the United States District Court for the Middle District of Florida, declared the federal mask mandate was unlawful and vacated the mask mandate—Health Freedom Defense Fund v. Biden [USDC MDFL TD Case No: 8:21-cv-1693-KKM-AEP (2022)]. The judge’s starkly conservative reasoning seems to be graphically displayed by one sentence in her 59-page ruling. “Since the Mask Mandate regulates an individual's behavior-wearing a mask-it imposes directly on liberty interests, not the property interests contemplated in subsection (a) {ref: 42 USC § 264(a); Public Health Service Act [PL 78-410; 58 Stat. 682; 1.July.1944] [540]}.” 

The judge’s focus on ‘sanitation’ rather than ‘prevention’ in the statute’s words is simply wrong. The judge does not even remotely mention that the incompetence of the previous administration put the current administration at a serious disadvantage forcing the current administration to take drastic action to minimize the continued impact of the viral spread. She does not mention that the mask mandate should have been implements in January or February of 2020; but better late than never. The law cannot move even remotely as fast as a virulent virus. Lastly, scholarliness should never be allowed to mask defective reasoning.

Since the judge’s ruling, the Justice Department indicated they are prepared to appeal if the CDC thinks it is necessary. On Wednesday, the CDC declared that yes, it is necessary not just for the current pandemic but for future health emergencies. I think it is safe to say that the government’s appeal is pending.

Just for the historical record of distantly related facts, Judge Mizelle was nominated by [the person who shall no longer be named] on 8.September.2020 (two months prior to being voted out of office). Her nomination (PN 2208) was considered by the Senate Judiciary Committee and approved on 22.October.2020, despite a rating by the American Bar Association (ABA) of  “Not Qualified,” something we rarely see these days. The Committee voted 12-0 in favor with all of the Democrats boycotting; one of six Judiciary nominations approved that day in exactly the same way. At 16:37 [R] EST, on 18.November.2020, the full Senate voted on PN 2208 [Senate: 49-41-0-10(0)] to confirm the Mizelle nomination. Notably, six (6) Democrats and four (4) Republicans chose not the vote on the nomination . . . in case anyone wanted to know.

 

On Thursday, the Supremes issued an 8-1 decision reversing the rulings of both the district and appeals courts denying federal Supplemental Security Income ISSI) benefits in the case of Jose Luis Vaello Madero, a U.S. citizen and resident of Puerto Rico—United States v. Vaello Madero [596 U.S. ___ (2022)]. Justice Kavanaugh wrote for the majority solely on the Territory Clause of the U.S. Constitution—Art. IV, §3, cl. 2, namely, does Congress have the authority to discriminate against residents of Puerto Rico? The answer is, yes; they do. Yet, the salient question is not whether Congress has the authority, but rather whether Congress had sufficient reason and rationale to deny equal treatment under the law to a U.S. citizen simply because of residency. Justice Sotomayor, the sole dissenter, wrote a cogent, poignant opinion arguing that just because Congress could discriminate does not mean they should. “Equal treatment of citizens should not be left to the vagaries of the political process. Because residents of Puerto Rico do not have voting representation in Congress, they cannot rely on their elected representatives to remedy the punishing disparities suffered by citizen residents of Puerto Rico under Congress’ unequal treatment.” Of interesting intellectual note in this case were the two concurring opinions.

Justice Thomas chose to use his concurring opinion in this case to examine the authority of Congress to discriminate between citizens of the United States and those individuals residing in the territories of the United States, and to elucidate about substantive due process and the civil right movement. His purpose was ostensibly to illuminate the question of citizenship. How does the Constitution define citizenship, and what does citizenship mean? Thomas also railed about “substantive due process” via the Equal Protection Clause of the 5^th Amendment rather than the 14^thAmendment. He still concurred.

Justice Gorsuch used his concurring opinion to excoriate the so-called Insular Cases decided by the Supreme Court in 1901

DeLima v. Bidwell [182 U.S. 1 (1901)]

Dooley v. United States [182 U.S. 222 (1901)]

Downes v. Bidwell [182 U.S. 244 (1901)]

The Insular cases were decided and used to define the treatment of residents of lands the U.S. acquired in the Spanish-American War (1898). Gorsuch argued that the Vaello Madero case was a good, if not perfect, opportunity to negate the Insular cases and render them irrelevant. He still concurred.

Standing back from the context and detail of this case, we see the direct contrast between the so-called liberals and conservatives on the Court and in the law. The conservatives see the law as a definition of authority, i.e., does the government have the authority to do what it did? The liberals see the law as a definition of the protections of ‘Life, Liberty, and pursuit of Happiness’ for We, the People. The ideological metric serves as a decent rubric for viewing, understanding, and interpreting these judicial pronouncements. Thus, using this measure in Vaello Madero, the conservatives noted that Congress had the authority to discriminate against a qualifying individual residing in Puerto Rico for the reasons they stated, while Justice Sotomayor asked whether Congress had a good reason to discriminate. The Court said yes to the first question. Justice Sotomayor said no to the second question, and there we have the decision of the Supremes to the detriment of Jose Luis Vaello Madero.

 

On Thursday, 21.April.2022, former President Barack Obama spoke at Stanford University Cyber Policy Center in Palo Alto, California. The subject of his speech was the misinformation saturation of our modern communications. I listened to his entire hour-long speech. First and foremost, it is so refreshing and encouraging to hear an American leader who speaks with verve, coherence, and reason. President Obama’s ability to communicate is magnificent to watch and listen to. There was so much wisdom and poignant observations that I cannot possibly represent the content and delivery. Here is the URL for his entire speech:

https://www.youtube.com/watch?v=l-QuQc_E2rI

 

I received a query from a friend, contributor, and fellow writer.

“morning Cap I’m somewhat baffled by the current trend against the N word. You see this story is pre-world war 2 when such language was acceptable. Baffled? Well in this story period this word was well rude for certain but amongst many in society quite acceptable.

“Caused by the endless drunken beatings from her husband her breast milk dried up and she was forced to hand him over to a wet nurse, a young Negro woman called Sally, she saved the child’s life. 

“The thought of nuzzling at the breast of a ‘nigger woman’ completed his revulsion. Secretly he vowed to leave home, find this woman and kill her. This he did, and never faced the law. Indeed the law had never bothered to investigate the murder, after all she was only an old ‘nigger woman.’”

My reply:

In my effort to answer your query, I offer a few preparatory thoughts. 1.) Nigger is a word coined in the Southeast United States during the height of slavery in that region. 2.) The word ‘nigger’ was acceptable even normal in that region but not elsewhere in the United States, except with those from that region that may have migrated to other parts of the country or were sympathetic to the notion of white supremacy. 3.) The inter-war years saw a resurgence of the Ku Klux Klan (KKK) and white supremacy despite the 13^th, 14^th, and 15^th Amendments to the U.S. Constitution.

Now, to your query, the word ‘nigger’ goes back to the ante-bellum South and earlier, and was used as a racial epithet of denigration, oppression, segregation, and diminishment against citizens with dark skin pigmentation. It was and still is a racial slur—an insult. That word represents the worst of slavery and those years when slavery was maintained in the South.

This topic is far deeper and more complex than a succinct response can illuminate. It is made more complex by persistent usage even today by citizens with dark skin pigmentation; but, lo be it that any light skinned person might use that word.

 

A series of related court judgments seeking to disqualify members of the House of Representatives who participated in the January 6^th insurrection illuminate an aggressive effort to take action against those involved via the 14^th Amendment §3 [1868]. A federal judge in North Carolina dismissed the case against Representative David Madison Cawthorn. A Superior Court judge in Arizona dismissed the cases against Representative Andrew Steven Biggs, Representative Paul Anthony Gosar, and State Representative Mark W. Finchem. Yet, another federal judge allow the similar case against Representative Marjorie Taylor Greene of Georgia to proceed. I watched some of the testimony with noted revulsion. She certainly is not strident as she is in public, but she is just as deceitful as she always is. The plaintiff attorney appears to be setting her up for perjury charges as well as disqualification, but who knows what a judge will decide. We will eventually see the results. The plaintiffs in the North Carolina and Arizona cases have initiated appeals. I suspect there will be more on this initiative.

 

Another friend and regular contributor sent along the following article:

“I doubt this is post-able, but it summarizes what I've been saying about masks for a couple of years.”

“Good morning. What might a more effective mask mandate look like?”

by David Leonhardt

New York Times

Published: April 22, 2022

https://www.nytimes.com/2022/04/22/briefing/mask-mandate-covid-spread.html

My response:

Correct, the article is not practically post-able, but I intend to offer the citation along with my opinion.

I finished my reading of Judge Mizelle’s order. My review will be in this week’s Update. I will pass on a repeat.

At the bottom line, my opinion regarding facial masks is, something is better than nothing. I do not see facial masks as a civil rights issue or symbol of oppression.

I will note here that our local pharmacies had boxes of 3M N95 masks provided two years into the pandemic. They put signs up—“Take what you want.” If we had had that level of supply in January 2020, we would have a fundamentally different situation today, but that is only an idle ‘what-if.’ I truly hope we learned from our grotesque mistakes in the early stages of the pandemic to lessen the severity of future epidemic and pandemic viral infections.

At the end of the day, Leonhardt offered reasonable and realistic observations, and his observations should be part of our lessons-learned file.

 . . . with a follow-up comment:

“In my experience, ‘something’ is no better than nothing, unless the ‘something’ means KN95, which could be better than nothing if it seals correctly. Also, I have a medical issue with most of the masks due to prior surgery on my nose. No exemptions for medical conditions have actually been granted except for visually obvious issues.

“Your point about ‘two years into the pandemic’ highlights the sheer incompetence of the U.S. response. The repeated failures of communication greatly amplified the assorted medical and material mistakes.

“Were this information offered early on and the suggestion for narrow and enforceable mandates carried out, much of the damage, both from the virus and the mental health results, could have been avoided.”

 . . . along with my follow-up response:

We shall respectfully disagree.

I certainly understand and appreciate your personal objections. You are not alone.

Yes, that was one of the major early mistakes. The gross lack of preparedness of the USG to deal with any pandemic infection, despite the clear warnings of the Obama administration was one of the, if not the primary, mistakes that colored everything afterward. We can only hope we learned the lessons.

 

Comments and contributions from Update no.1057:

“Yes, all arrived this side-have just read your opener re hearing-you are not alone! I have this bombardment too! And yes, I blame Rolls Royce, Pratt and Whitney and others too. None the less, I can still read!”

My reply:

Oh, I know I am not alone. Too many turbine engines for many of us. Yes, most definitely, we can still read, and we still do. If you have not considered hearing aids, please do. Contemporary technology is most impressive. Hearing, again, is worth the effort. Good luck.

 

Comment to the Blog:

“Hearing aids have been a major boon to my family. We have a hearing loss that’s apparently genetic.

“I’ll note that Mr. Thompson, of Columbus, used the ‘just following orders’ defense in his January 6 trial and got convicted.

“The nation needs a criminal referral and subsequent conviction for King Baby.

“I agree with you about money in politics. We don’t know the sources of dark money, but the money that’s reported comes from many sources, mostly corporate by volume, and goes to all levels of both major parties.”

My response to the Blog:

I am glad your family has found relief with the technology of hearing aids. It took me a long time to get to that point, but I am also glad I finally got there. I must give full credit to Jeanne for her persistence and patience (sort of).

Yes, indeedie! “Just following orders” did not work for Wilhelm Keitel. I am not sure why Thompson thought it would work for him. It will not work for any of Thompson’s compatriots either.

Oh my, yes! That man deserves to spend the rest of his contemptible life in the solitude of prison to consider the error of his ways. I can think of no man who has done as much damage to the fabric of this once grand republic as that man. And, the more we learn, the worse it gets.

Agreed all the way around. Dark money must go, and corporations must be returned to what they are—constructs of convenience for business; they are NOT citizens.

 

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

Cheers,

Cap                  :-) 

Update no.1057

 Update from the Sunland

No.1057

11.4.22 – 17.4.22

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

 

            To all,

 

Well, sports fans, the day has finally come to Mudville. I succumbed to familial encouragement and was fitted for hearing aids. I am not sure why I resisted, after all I gave into glasses years ago. I know it was not vanity. Perhaps, it was the simple male weakness of machismo. Regardless, I finally have them. Contemporary technology has offered impressive capability. After my appointment, Jeanne and I went to a restaurant to test the directional mode. It worked! I selected a narrow zone directly in front of me (Jeanne). The restaurant noise was dimmed, still noticeable, but low in volume, which made Jeanne’s voice crisp and easily understood. So far, I am glad I finally agreed to get them. They are not cheap, but as of now, I would definitely say they are worth it. Too many years around turbine engines have taken their toll. Now, I hear sounds that were always present but beyond my hearing. Some of those new sounds are annoying, but I believe I will adapt to hearing better.

 

The follow-up news items:

-- We had a couple of more criminal convictions this week stemming from the insurrection [991]. First this week was former Rocky Mount, Virginia, police sergeant Thomas ‘T.J.’ Robertson—United States of America v. Thomas Robertson [USDC DC Case 1:21-cr-00034-CRC (2021)]. The jury found him guilty of all six felony charges. His one-time codefendant and fellow officer, Jacob Fracker, pleaded guilty to multiple charges and testified against Robertson during his trial. U.S. District Judge Christopher Reid ‘Casey’ Cooper of the United States District Court for the District of Columbia was sympathetic to Robertson’s Army and law enforcement service, but ultimately, Judge Cooper noted the convict’s expressed remorselessness and endorsement of future political violence in his order continuing Robertson’s confinement without bail pending sentencing.

--The second insurrection conviction this week was the case of Dustin Bryron Thompson of Columbus, Ohio—United States of America v. Dustin Bryron Thompson and Robert Anthony Lyon [USDC DC Case 1:21-cr-00161-RBW (2021)]. Thompson’s codefendant Robert Anthony Lyon of Reynoldsburg, Ohio, pleaded guilty earlier. After Thompson’s conviction on all five of his charges, U.S. District Judge Reggie Barnett Walton of the United States District Court for the District of Columbia, said, “You know, I think our democracy is in trouble, because unfortunately, we have charlatans like our former president, who doesn't in my view really care about democracy, but only about power. And as a result of that, it's tearing this country apart.” I would say Judge Walton is spot on the money. Judge Walton set Thompson’s sentencing for 20.July.2022. As these cases work their way through the judicial system, we see more and more judges speaking out against the man who caused all of this. I continue to believe we are working our way toward holding the perpetrator of the insurrection and other criminal conduct accountable. Charlatan indeed, and that is being excessively kind and generous to [the person who shall no longer be named].

There have been numerous reports, unfortunately conflicting, that the United States House Select Committee to Investigate the January 6^th Attack on the United States Capitol [1020] {HSCJ6} is working on a criminal referral to the Justice Department for [the person who shall no longer be named]. There are others who declare a former president has never been criminally charged set aside tried in court before a jury, and the Justice Department is reticent to do so now. I think the HSCJ6 has ample physical evidence for criminal charges, but until we see the House resolution and better the charging document, we will not know. But, there is always hope.

 

In the category of really rich international actions, Russia sanctioned 398 Members of Congress in a tit-for-tat retaliation for Allied sanctions on Russian Members of the Duma. I eventually found a list of the sanctioned Members of Congress, more to see who was not on the list than who was. I could not find any senators. The list also included prominent fBICP House members. Some House leaders had already been sanctioned previously so there was no need to add them to the list.

 

If anyone would like to understand the dictator Putin better, I strongly recommend the Michael Kirk documentary “Putin’s Road to War” broadcast on PBS. Here is the relevant citation information:

PBS Frontline: Putin’s Road to War

Broadcast: March 15, 2022

Season 2022: Episode 18

https://www.pbs.org/wgbh/frontline/film/putins-road-to-war/

The documentary is sobering and chilling that Russia has turned to and allowed a ruthless dictator to gain control of the instruments of state.  There are many differences but more similarities between Putin and his predecessors Stalin and Hitler. But, Putin must deal with a far different world than Stalin and Hitler did—number 1 is instant communications of the Internet and World Wide Web. I truly believe the Russian people will eventually reach their threshold of tolerance and rise up against the dictator, just as the Ukrainians did in 2014. There is always hope.

 

On Wednesday, 13.April.2022, the Russian Navy cruiser Moskva, the flagship of the Black Sea Fleet, was hit by two Ukrainian Neptune R-360 anti-ship cruise missiles. The Russians claimed the warship experienced an onboard fire, while other media sources reported that the cruiser sank while being towed in inclement weather. It is good for the Russians to feel the bite of Ukrainian offensive operations. Renowned aviation video Blog’er Commander Ward "Mooch" Carroll, USN (Ret.) [USNA 1982] issued a short report titled: “Russia's Black Sea Flagship SUNK!” on 15.April.2022:

URL: https://youtu.be/M0rl5uZi7mw

While I am convinced the facts are accurate, i.e., the sinking of the Moskva, I question the validity of the images and video clips of the attack on the Moskva. They are not consistent in numerous ways. They may represent what happened, but they do not show what happened. The result is still the same.

 

Comments and contributions from Update no.1055:

Comment to the Blog:

“.. as for dark money you might look at Mark Zuckerberg who funded something like 400 plus million to all the counties of the swing states that Biden ultimately stole . This includes as you know the once lovely state of AZ to which Zuckerbucks were the most abundant. I’m going to KS where it’s still red and I’ll pray for AZ to lose its fraudulent politicians.

“By the way ... where is this pandemic you say is not over ???

“God Bless America .. may he protect us

“Take Care and Enjoy,

“Your favorite TRUMP minion, May God Bless and Protect Him too”

My reply to the Blog:

The evil and corruption of dark money applies to our entire political system regardless of the level (municipal to federal), or political party, or individual. The problem I have with your statement is, dark money means we have no idea who gave how much to which side or which purpose . . . thus the adjective ‘dark.’ For all we know, rich folks give lots of dark money to both sides to play both sides no matter who wins. Further, as is the nature of all politicians (and their supporters), they point to the other guy to mask their own nefarious malfeasance. I respectfully suggest you pray for KS politicians as well, or all politicians. They are all just as corrupt; they are politicians, and dark money is simply too bloody tempting.

The John Hopkins’ statistics show that we had 80.5M reported infection cases, 986K fatalities. We had 57.5K new cases last week alone. There were 2,716 COVID-19 fatalities last week. Several new variants have been detected. To think the pandemic is over is patently wrong. If we are not careful, we may face another resurgence this fall.

I shall respectfully refuse to take the bait offered up. You are still a friend, regardless of your politics.

 

Comments and contributions from Update no.1056:

Comment to the Blog:

“The GOP is finding it necessary to shore up whatever support they still have among the more radical Christians. Hence, the hearings for Justice Brown became a spectacle.

“Ukraine has approximately 5% of the Earth’s mineral resources in only 0.4% of its land surface, per https://www.worldatlas.com/articles/what-are-the-major-natural-resources-of-ukraine.html, along with a major port or two. Consider that Putin might be motivated by something other than insanity. There’s no morality in him, but there might be a rational motivation. Also, let’s remember that the conflict with the Communist USSR is over because the Communist USSR is long gone.

“The UN is a clumsy operation at best. Perhaps any organization that attempts world unity must be.”

My response to the Blog:

Yes, I would agree with that one aspect, but there are many other contributing factors as well. It was indeed a spectacle, but it is over now. She is confirmed and will take her oath of office in July. The elements that led to the Jackson spectacle remain present in the Senate. Imagine what we will witness if President Biden gets another nomination for say Thomas or Alito? Jackson replacing Breyer is one thing; Jackson replacing Thomas would be an order of magnitude more brutal.

There are likely many motivating factors for Putin’s War. Here is another interesting perspective:

https://youtu.be/k3yPQZWAVEg

Yet, at the root, it seems Putin and his supporters in the Duma and oligarchy are driven by one underlying motivator—fear. They grew up a system based on fear, and they want to return Russia to a position of relevance by fear. The United States does not have many strategic ties to Ukraine, and yet, they are showing us the way and displaying how the administration and the West should confront Putin’s use of violence to induce fear and intimidate an important neighbor. The motivation of resources can never be ignored, just like money can never be ignored. But in this instance, I think it is more than money or resources; they are collateral at best.

I cannot disagree with your observation about the UN. I have not given up on them just yet. As always, time shall tell the tale. Clearly, Russia has forfeited its place as a permanent member of the Security Council. We must isolate the Russian government and encourage the Russian people to make a change to be . . . more neighborly.

 . . . Round two:

“I have considered the potential of replacing Mr. Justice Thomas. His wife’s conduct could lead to his retirement or impeachment. The long shadow of January 6, 2021, would affect the next nominee, but the specific effect is hard to predict.

“I watched that entire video with Peter Ziehan. He seems more concerned with Russian ethnicity than anything else. Let’s remember that racism and ethnic prejudice are tools of dictators, but they may not actually feel that way themselves. The education and leadership points are more salient if the arguments are supported by fact. And the weakness of the Russian military seems to be showing. The only real motivational factor he discussed was territorial integrity. That makes sense, but so does seeking additional resources. I could not find whether this person has a degree or experience working in the field or not either on Wikipedia or on his own site.

“I would always have preferred the Security Council to operate differently due to the concentration of power in a few hands. Russia has brought that issue to the fore.”

 . . . my response to round two:

Perhaps. Thomas has always struck me as a rather obstinate man. I doubt anything other than death will remove him from the bench. Alito is younger and less vulnerable. In today’s political landscape, I cannot imagine impeachment advancing beyond the accusation stage. I gave up long ago trying to predict the conduct or performance of the Supremes.

I agree. The weakness of the Russian military is on graphic display. The Russian military is acting like a wounded and cornered lion. There wonton destruction of cities and populations are intended for one purpose only—instill fear in the Ukrainians. Their tactics worked in Chechnya, Georgia, and Syria; so far, they are not working in Ukraine. In fact, I think Putin’s War is doing exactly the opposite from the dictator’s desires—unifying the West and the World against him. Sweden and Finland’s gestures toward NATO membership should be far more alarming to Putin. The Russian military appears incapable of coherent general conventional warfare against determined defenders. Further, just like the Americans in Iraq, they have insufficient forces to occupy the country even if they eventually take it. I suspect Putin has scaled back his objectives. It appears he is now going to try to take Eastern Ukraine to the Dnipro River. Failing that, he might try to carve off the Donbass and southern coastal territory to Crimea or perhaps to Kherson and the mouth of the Dnipro. I would not encourage Ukraine to negotiate away any territory for peace. Frankly, I think NATO should call his bluff.

You are not alone in your concerns for the validity of the UN or Security Council. As I have written, the General Assembly should permanently remove Russia as a permanent member of the Security Council. Putin has forfeited Russia’s traditional status—non-negotiable. I think they should retain their membership in the General Assembly, but that status should be conditional or probationary.

 . . . Round three:

“We shall see the eventual fate of Mr. Justice Thomas. The local evening news featured them--and this is a Fox station.

“The only obvious thing about the Russian offensive is they're no longer on Plan A. The whole fiasco has also exposed the problem with the structure of the UN Security Council.”

 . . . my response to round three:

Yep, time shall tell the tale. Yet, unlikely fast enough. It makes the 2022 election all the more important. If the fBICP regains control of the Senate, McConnell will claim no action until after the 2024 presidential election, i.e., “let the people decide.” This could get very ugly, and yes, we shall see.

Indeed! Plan A is out the window . . . at least for now. We cannot know what is in Putin’s mind. There continues to bloom myriad speculations about Plan B, but it will take some time to see what Plan B is exactly.

Yes, agreed. Putin’s War has exposed the vulnerability of the current Security Council structure. The basic construct was established in 1945 in the euphoria of defeating the fascist regimes. It was based on good will and an underlying desire for peace. Yet, we saw the vulnerability in Stalin’s actions in Eastern Europe, Korea, and elsewhere. Now is the time to correct that vulnerability. Failure to do so will likely render the UN worthless.

 

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

Cheers,

Cap                  :-)

Update no.1056

Update from the Sunland

No.1056

4.4.22 – 10.4.22

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

 

            To all,

 

The follow-up news items:

-- Several reliable and accurate aviation safety networks reported that the PRC Civil Aviation Administration of China (CAAC) has requested U.S. NTSB assistance in reading out of the Flight Data Recorder (FDR) and Cockpit Voice Recorder (CVR) for the China Eastern Boeing flight MU-5735 accident [1054]. That is a positive sign. We really need to figure out what happened to that aircraft because its final seconds were quite unusual.

-- The U.S. Senate finally confirmed the nomination of Judge Ketanji Brown Jackson (PN1783) [Senate: 53-47-0-0(0)] to replace retiring Justice Stephen Breyer at the end of the current session. The Judiciary Committee deadlocked at 11-11. The full Senate had to vote to discharge the committee and advance her nomination to the Senator floor. Of note were the three Republicans who voted to confirm:

Senator Susan Collins of Maine

Senator Lisa Murkowski of Alaska

Senator Mitt Romney of Utah

Judge Jackson will remain on the DC Circuit for roughly three months until Justice Breyer formally retires at the end of the current session. It is not clear if there will be any active transition during this lag period before she takes the oath of office.

-- The U.S. House of Representatives voted [House: 220-203-0-6(6)] to add BIC aides and mouthpieces Peter Kent Navarro and Daniel Scavino, Jr., to the growing list of BICsters referred by the House to the Department of Justice for contempt of Congress. The trial of Steve Bannon [1032] is scheduled to begin in July. The Department has yet to charge and arraign Mark Meadows [1040]. I suspect these are not the last of the BICsters to face contempt charges. Justice will be served, however slowly in may come.

 

Judge Jackson’s confirmation hearings illuminated the far greater underlying political debate in our society. Senator Cornyn of Texas (fBICP) spoke on the floor to justify his ‘nay’ vote for Judge Jackson. I listened intently to understand. When we distill Cornyn’s words down to their most elementary factors, the fBICP is interested in one thing and one thing only—power. They want the power to project their beliefs, their opinions, and their moral values on all American citizens. He repeatedly spoke about the judicial principal of substantive due process by which judges articulate inferred rights of citizens not explicitly written in the Constitution. Concomitant with his objections to substantive due process, Cornyn railed against activist judges denying the power of the people to decide. WRONG! He advocates for 535 ‘representatives’ to decide what will govern the conduct of every single American citizen regardless of majority, public opinion, or rights. No single case exemplifies the contrast and conflict between moral projectionist conservatives and substantive due process than Roe v. Wade [410 U.S. 113 (1973)] [319]. The word ‘privacy’ does not appear in any form in the U.S. Constitution. Therefore, the conservatives argue, there is no constitutional right to privacy, only what the Legislature defines in common law, which in turn means our ‘representatives’ decide what privacy means to each of us and all of us. To the conservatives, a woman’s uterus and reproductive system belongs to the State; they will decide what she can and cannot do with those anatomical parts and biological processes—intentionally or unintentionally. A woman has no privacy within her own body. I am a firm believer in representative democracy; it is the only practical means of governance, especially in a large society like the United States of America. Where I fundamentally disagree with Senator Cornyn and his fBICP colleagues is, the Judiciary is the last line of defense for the fundamental rights of every citizen. Using Senator Cornyn’s reasoning, if the ‘duly elected representatives’ of Congress pass a law that imposes upon the fundamental rights of the People, not enumerated in the Constitution, who stands to protect those rights? To Cornyn, those rights do not exist, therefore there is no need for protection. Further, it is not 535 ‘representatives,’ but rather 218 representatives in the House and 60 senators in the Senate who will dictate what are ‘rights’ are for 330 million people.

 

Comments and contributions from Update no.1055:

“It is beyond my comprehension what Russia is doing in Ukraine, now they deny the unbelievable charges that will amount when this over and the world takes stock of these dreadful activities. How can a modern ‘civilised’ nation undertake the evil actions of the Russian army. There can be no understanding or forgiveness ever forwarded in their direction. The Russian population will need to live with these crimes until their last days on our planet. As for those responsible let us trust that the inevitable investigations that will follow and the punishments that will be presented are followed until conclusion and those responsible including him at the top are adequately dealt with. Will that happen or will the Russian people continue to be lead astray for eternity? Try answering that one Cap.”

“Cap, have a look at dreadful extracts from today’s papers.”

https://www.theguardian.com/world/2022/apr/04/massacre-of-innocents-how-the-papers-covered-russias-atrocities-in-bucha

My reply:

The dictator Putin has taken us back at least 100 years to the heyday of the Stalinist era—brute force to make everyone fear you. We’ve seen the playbook. We do not fear that small, weak, foolish man. Despite the adulation of [the person who shall no longer be named], Putin has shown the world in terribly graphic terms exactly the kind of man he is—a brutal heartless murderer. As I have written, the Russians I know personally are kind, generous, emotional, compassionate, and civilized people . . . unlike the man who serves as their president. Putin grossly underestimated so many aspects of his regrettable war—Ukrainian resistance, the weakness and hollowness of the Russian Army, the pervasiveness of modern communications, the resilience and solidarity of the West, et al ad infinitum ad nauseum. We have seen resistance among the Russian people. Putin’s minions and the FSB will strive mightily to suppress any resistance, but the Russian people are stronger than those bad men. The truth shall prevail.

The civilized world tried valiantly to reduce the indiscriminate brutality since 1864—the First Geneva Convention [28.8.1864]. Putin has rejected civilization; the Russian people have not.

As with Sudan’s al-Bashir, the Russian people must present Putin for trial for war crimes (if he survives). I also think his supporters in the Duma as well as the generals who ordered these atrocities will see justice eventually just as the Nazis did at Nürnberg after WW2.

Putin will not give up easily or peacefully. I do not know if he will take the path of Hitler & Himmler, or Göring & Keitel. To the Russians of 1945, the Nazis were a far greater threat than Stalin. I think that is exactly why Putin chose to profess he was “liberating” Ukraine from the neo-Nazis he proclaimed were running the Ukrainian government.

Our newspaper headlines are quite similar although not as colorful as yours. They all seems quite accurate and appropriate.

 . . . Round two:

“What a dreadful period of life we’re going through. I awoke to the morning news yes, but before then even before I surfaced I had repetitive visions of the excerpts of last night’s news. The dreadful scenes are utterly unacceptable to modern society how could that man and his cronies believe in what they’re doing? Nazis, what nonsense, they are grabbing what they can of Ukraine, all of it if possible and then build that ‘wall’ between the communists and the freedom of liberation, yes NATO.

“I know, I was a ‘cold war warrior’ Cap, we went through God knows what to keep them where they belong. Things I must not divulge even now.”

 . . . my reply to round two:

Yes, indeed! Who would have thought we would witness such uncivilized behavior and conduct in the 21^stCentury, especially from an advanced country like Russia? The Russian people are FAR better than their current government. Yet, who are we to criticize the Russians, when we endured the obscenity of 2017-2021 in the United States of America. What we see in Ukraine at the hands of the Russians is exactly what happens when far-right extremists gain control of the instruments of State. We came dreadfully close in the United States. We must relegate the far-right to the distant minority status they deserve. I remain hopeful that the Russian people will make the appropriate corrections as we have done here.

I was a cold-war Marine as well. The Soviet Union was our near singular focus for decades.

 . . . Round three:

“I’ve just been prowling through my ‘Docs’ record and found a piece of my last book where my young American lady has arrived on The Queen Mary to join Eisenhower’s planning team and eventually go across the channel on D-day.

“On her way to their HQ she is caught in an air raid and lies in a bomb shelter for hours.

“On release, after being warned of un-exploding ordnance, she views the scenes of London in the blitz that we’re all seeing every day in our news items, destroyed buildings, burnt out vehicles and deceased animals and Londoners.

“Then this was only in my mind but today it isn’t.

“Can’t say I’m delighted with that because I’m not. The whole world isn’t and the perpetrators need casting off from the humanity we have come to love and cherish.”

 . . . my reply to round three:

We’ve seen this brutality in Chechnya, Syria, and even Palestine, but none of those were on the scale we bear witness to in Ukraine. The dictator Putin will claim he never authorized such broad, total destruction or indiscriminate killing of innocent civilians, but that is a moot argument. He started this war without provocation; he unleashed the beast. He must be held accountable. It is good that people are documenting the atrocities the Russians are committing in Ukraine. I also do not believe these atrocities are rogue soldiers; I believe they were ordered by their generals and colonels to execute this vengeance policy. If the Ukrainians will not give Putin what he wants, then he intends to destroy everything and kill anyone they can find to deny the use of the land to anyone. The Nazis’ classic scorched earth policy during their long withdrawal from Russia.

I am disappointed there is not a motion to amend the UN charter to remove Russia as a permanent member of the Security Council; make the PRC vote no on the record. If that happens, then we should go to the General Assembly as a whole. Russia no longer deserves to be a permanent member. Putin has forfeited that right they have held for nearly 70 years. Putin deserves total isolation.

 

Comment to the Blog:

“The U.S. Presidential election process needs to be simplified and made transparent. The Founders’ attempt to protect ordinary Americans from our perceived gullibility has backfired spectacularly.

“The Don’t Say Gay bill and its kind seek a return to imagined Victorian times. The reality, then and now, has little to do with the dream, of course.

“Ohio has scheduled a limited primary for races not affected by gerrymandering on the usual date, May 3. The gerrymandering saga continues. Our Republican Secretary of State, Frank LaRose, told an outright falsehood on the local news the other night. He said the State Supreme Court had ordered maps that favor Democrats. What the Supreme Court actually ordered were maps that match the electorate, which is Republican by 54-46.”

My response:

I must confess, my friend, you may well be correct. However, I cannot subscribe to the notion until we can erase dark money, eliminate the corporation as citizen, and the substantiation of every citizen’s fundamental personal rights above even the Constitution (most important of which is privacy). Until then, our presidential electoral process may not be good, but it is the best for our pluralist, free society. I am always reminded by a soliloquy by the character Sam Seaborn in the series The West Wing [24.11.1999]: “It’s not about abortion.  It’s about the next 20 years.  In the 20’s and 30’s, it was the role of government; 50’s and 60’s, it was civil rights; the next two decades are going to be about privacy.  I'm talkin’ about the Internet, talkin’ about cell phones, talkin’ about medical records, and who's gay and who's not.  Moreover, in a country born on the will to be free, what could be more fundamental than this?”

Exactly my opinion as well . . . the definition of conservatism . . . maintain the status quo, or more appropriately return us all to the status quo ante—Caucasian, Anglo-Saxon, Protestant, Puritan dominance. Conservatives reject the progressive advancements of our modern culture; their moral projection on all citizens is the only acceptable state to them. Even today, they strive mightily to regress us to a bygone era. Therein lies my staunch resistance to conservatism. I look to the future, not the past.

I did not realize Republicans held such a majority in Ohio, or is that a bias of the gerrymandering process? The struggle continues. The 2022 elections loom ahead.

 . . . Round two:

“I completely agree that we must eliminate money as a central factor in politics. However, the clumsiness of our Presidential process makes manipulation easier for experts even aside from that. I understand that the process was built that way due to mistrust of ordinary people’s insight, but the people the Founders trusted are the real problem.

“Legitimate conservatism in the style of Goldwater or McCain sought to preserve what they saw as good. This ‘return’ to an imaginary past is the tool of nationalists and other tyrants.

“The metric the State of Ohio has chosen for the party balance depends on past votes, and what database to use is another potential conflict. The Supreme Court’s point is that Republicans in the legislature far exceed that 54% to 46% ratio and seek to continue their dominance with the new maps. The proposed U.S. Congressional district map, for example, would give Republicans 80% of the seats based on their winning of 54% of the votes in recent times.”

 . . . my response to round two:

We have discussed the constitutional presidential electoral system at length. I am fairly certain neither of us seeks a rehash. ‘Clumsy’ depends upon one’s perspective. To me, there are very tangible reasons why the Framers created the Electoral College for the presidential election only. It does not exist for any other position in our entire governmental system. I will only say here that the tragedy of the immediately previous administration is exhibit no.1 in support of why we have the Electoral College. While the system clearly failed in 2016, I will argue that it succeeded in 2020. Reading the Eastman memoranda is chilling to say the least in that no matter how sophisticated or simple our electoral systems are or may be, they are still operated by human beings prone to tribal influence and obstruction. I cannot imagine what the fBICP would have done if we had a simple popular vote process.

I must confess my memory and knowledge of Goldwater conservatism may be deficient or flawed. Both Goldwater and McCain would be outraged, vociferous in their opposition, and adamant in their resistance to what the fBICP and [the person who shall no longer be named] have done to the former Republican Party. But, that man could not have done what he did without the likes of Meadows, Jordan, Biggs, Gosar, et al. And, those far-right members of Congress were elected by citizens in their districts. [The person who shall no longer be named] is simply a manifestation of a far deeper problem. Politicians who do not embrace the far-right ideology are afraid of that element of our electorate. The root issue for those of us who are more liberal, progressive, moderate, or concerned is the far-right vote and they understand the electoral process. If the rest of us do not vote, we will get what we’ve always got. Joe Biden is not the top tier of American presidents but he is infinitely better than what we just endured. We must vote, and we must manage the electoral process. Hillary Clinton would have been president if the Democrats had paid more attention to the Electoral College. The far-right are a serious minority with monstrously disproportionate influence on our electoral process. We must render them to the distant inconsequential minority status they deserve. Yes, absolutely, the far-right ‘conservatism’ of the fBICP is a very thin, almost transparent façade for white supremacists and pseudo-nationalists. They must be stopped; only voting them into oblivion will do that.

I think you meant to say that the Republicans in the Ohio legislature seek disproportionately greater influence than their physical numbers warrant. What you are experiencing in Ohio is similar to other states like Arizona. The Judiciary is our last line of defense in the protection of our rights. It is also why I listened so intently to the questioning of Judge Jackson in her confirmation hearing before the Senate Judiciary Committee.

 . . . Round three:

“I still think the Electoral College system has failed each time we’ve elected a Republican in this century.

“McCain and Goldwater were conservative. These people today are using the label but are authoritarian nationalists.

“Joe Biden is still not worthy of my vote. If politicians want people beyond the base to vote (which is in doubt), they have to offer something worth the effort.

“I thought I stated that the Republicans here want more seats than the voters would give them. Did you read something else?”

 . . . my response to round three:

You are entitled to your opinion, my friend, but I do not believe the data supports your hypothesis.

Regarding the motives of the fBICP, we are in complete agreement. We will soon see if moderates, liberals, and progressives vote. I cannot imagine and do not want to find out what an fBICP dominated Congress might do.

I am sorry you feel that way about Joe Biden, but again, you are entitled to your opinion and right to vote for whomever you wish. Yet, Joe Biden will not be on the ballot in the upcoming election.

I read your words as I indicated. Thank you for the clarification. From my perspective, I think the fBICP wants to control 100% of the seats, or perhaps tolerate a very small minority so they can claim there is a minority. The fBICP is a minority of a minority party, and they wield unreasonable and unwarranted influence through the primary process. There are very few true Republican voices remaining in the contemporary body politik. The 2022 election will tell us quite a bit. I just hope we are up to the task.

 

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

Cheers,

Cap                  :-)

Update no.1055

 Update from the Sunland

No.1055

28.3.22 – 3.4.22

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

 

            To all,

 

            The follow-up news items:

-- The latest judicial order against [the person who shall no longer be named] and his minions in the fBCIP came this week when United States District Judge David Ormon Carter of the United States District Court for the Central District of California, Southern Division—Eastman v. Thompson [USDC CD CA SD Case No. 8:22-cv-00099-DOC-DFM (2022)]. Right-wing law professor Dr. John Charles Eastman, JD, PhD, who convinced many believers including [the person who shall no longer be named] that the 2020 election could be overturned, filed a suit to block disclosure of communications between himself and ‘his client’ to the United States House Select Committee to Investigate the January 6^th Attack on the United States Capitol {HSCJ6} [1020].  Judge Carter spent 44 pages to explain his rejection of Eastman’s arguments. The last two lines of the Disposition summarize the entire ruling. “If Dr. Eastman and President Trump’s plan had worked, it would have permanently ended the peaceful transition of power, undermining American democracy and the Constitution. If the country does not commit to investigating and pursuing accountability for those responsible, the Court fears January 6 will repeat itself.” Judge Carter also noted, “Dr. Eastman and President Trump launched a campaign to overturn a democratic election, an action unprecedented in American history. Their campaign was not confined to the ivory tower—it was a coup in search of a legal theory. The plan spurred violent attacks on the seat of our nation’s government, led to the deaths of several law enforcement officers, and deepened public distrust in our political process.” [Redaction and emphasis mine] Judge Carter also observed, “Based on the evidence, the Court finds that it is more likely than not that President Trump and Dr. Eastman dishonestly conspired to obstruct the Joint Session of Congress on January 6, 2021”—a felonious endeavor.

In explaining his rationale, Judge Carter illuminated several key principles of law. First, ignorance of the law is no excuse for violating it. The principle of law goes back millennia to the times of Socrates and Roman law. It was articulated in Blackstone’s Commentaries (4-2-27) [1769] as the Roman law phrase: Ignorantia juris, quod quisque tenetur scire, neminem excusat (Ignorance of law which every one is bound to know excuses no one). Second, in assessing Eastman’s erroneous reasoning, Judge Carter also highlighted Eastman’s irrational interpretation of Article II, § 1, clause 2 of the U.S. Constitution. For easy reference, the clause reads:

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

By Eastman’s defective analysis, six states [any guesses which six states?] sent unofficial ‘alternative’ sets of electors hoping to create the impression of conflict and confusion where none had existed. Can anyone imagine the Founders/Framers condoning such an outrageous interpretation of their words and intentions?

Lastly, no one has as yet acknowledged the exigencies of events surrounding the 2020 election process from the primaries to the general election in November—COVID-19 pandemic. States were struggling with adapting to the constraints imposed by the pandemic. In fact, [the person who shall no longer be named] even suggested postponing the election until the pandemic had passed.

During the necessary research and background reading, I read both of Eastman’s instigating memoranda—the initial two-page version [on or before 22.December.2020], and the expanded six-page version [3.January.2021], in which he ‘war gamed’ his proposed process. In both memoranda, Eastman sketched the process by which they intended to steal the election and became the basis for the insurrection that ensued.

 

With Putin’s War stalled against fierce Ukrainian resistance, there seems to be a lot of talk about compromise and contraction of Putin’s War objectives. Such decisions belong entirely to the Ukrainians. However, my opinion, for what it is worth, I am not keen on Ukraine abandoning their free choice and sovereignty to appease the bear and end Putin’s War. Frankly, I believe Ukraine has earned their membership in NATO. My personal opinions aside, I think President Volodymyr Oleksandrovych Zelensky has done an extraordinary job leading his countrymen in defense of their country. They have endured unspeakable brutality, abuse, and unprovoked aggression. I would hate to see them abandon future protection and security to appease a weak and foolish man. The Ukrainians have earned their right to choose their future. Putin, his cronies and enablers must suffer isolation from the civilized world until they are gone. They should be banished to oblivion.

 

Florida Governor Ron DeSantis has signed a controversial piece of state legislation—HB 1557: Parental Rights in Education. The new law has been dubbed the ‘Don't Say Gay’ bill by critics and bans elementary school instruction about sexual orientation and gender identity in the classroom. Yet another fBICP law in search of a cause. This insanity must stop!

 

Not wanting to be outdone by his compatriot, Governor Doug Ducey of Arizona has ended the pandemic emergency with the stroke of his pen, just over two years after it began. The only problem is, the pandemic is not yet over. Ducey also signed into law HB 2492, amending voter registration laws, tightening the proof of citizenship requirements. At face value, that seems like a good thing. Unfortunately, the devil is always in the details, and what matters is how the bill is interpreted and enforced. Further, the governor signed into law SB 1164 that sets a gestation limit of 15 weeks for an abortion and other restrictions on the medical procedure. Arizona joins Mississippi, which has its state law in before the Supreme Court. The Arizona law is yet another state challenge to Roe v. Wade [410 U.S. 113 (1973)] [319]. The state’s fBICP aficionados are not done, yet. The fBICP is not content regressing the state or the nation 30, 50, or 100 years of progressive advancement. Such is the nature of modern conservatism, and it is also why I cannot support such thinking anymore. These regressive conservative laws are wrong and must be repealed, as eventually they will be.

 

            Comments and contributions from Update no.1054:

Comment to the Blog:

“I would think Boeing’s Chief Technical Pilot, Mr. Forkner, would necessarily be aware of the misbehavior during the B-737MAX certification. It’s a shame he won’t be held accountable.

“The Republican Party retains its base via such displays as the Jackson confirmation hearing. Sickening but effective. Much of that base still believes Russia is Communist, but they swallow whole their leaders’ support of Putin. Weird.

“Voters here in Ohio passed a referendum attempting to get non-partisan redistricting. The commission attempting to do that is 5-2 Republican and can’t seem to design a map that the State Supreme Court will approve. Duh. Someone proposed impeaching the Chief Justice. The Jim Crow laws concern me, but the flow of money in US politics is my overriding issue.

“President Biden’s cognitive abilities are slipping.”

My response to the Blog:

I have not and probably never will see all of the evidence presented to the jury in the Forkner case, but from what I have seen in the public domain, there is no doubt in my little pea-brain that he was guilty (and not the only one in the Boeing management structure of those days) and deserves punishment. To me, the jury allowed him to get away with murder just as the jury did in the O.J. Simpson murder case. But hey, that is just me.

Yes, exactly. Sickening indeed. If the fBICP believes Russia is Communist, why do they embrace Putin and Putin’s War? Weird is not an adequate word to explain their embrace of QAnon, Carlson, Jones, et al ad infinitum ad nauseum. In history, we see this class of blind loyalty in extreme ideological movements like National Socialism, Jim Jones, the KKK, and now QAnon.

Very hard to be non-partisan with a 5-2 fBICP bias. What were they thinking appointing such a biased apportionment commission? Thank God for the courts and judges. The only way I can think of creating a headcount only apportionment is to strip out that data the commission has access to, or bringing in out-of-state professionals who do not know neighborhoods (only population density and districts). I’m with you on that. Jim Crow can be overcome; dark money is far harder to overcome. On the other side, Jim Crow laws have not yet been codified by the Supremes; unfortunately, dark money has. That reality alone makes money much harder to deal with.

Perhaps so. Sometimes the thought comes to me as well. But, even today, he is still infinitely better than what we just endured before him.

 . . . follow-up comment:

“This morning’s update on gerrymandering in Ohio: Unfortunately, the referendum mandates a flawed method of appointing commissioners. The redistricting commission brought in two out-of-state map experts, then voted to ignore their work. They’re submitting a revised version of one of the rejected maps. I’m hoping the State Supreme Court can pound the will of the people into their heads eventually.”

 . . . my follow-up response:

Thx for the update. As long as we continue to do what we’ve always done, we will continue to get what we’ve always got. Somehow, we must break the paradigm. Given the recent performance of the Supremes, I do not hold much hope.

 

Another contribution:

“Thanks Cap, all arrived this side and I understood what all were saying!

“I shall now go and spoil the afternoon by catching up with Ukraine. Biden was right, I know of no one who disagrees.”

My reply:

Thanks mate. I shall continue to strive for understanding.

I think so as well. I cannot imagine what the previous fellow would have done in dealing with Putin’s War. Oh, there are those who disagree, which is precisely why I have tried to suppress my nauseous revulsion to illuminate the ridiculousness of Tucker Carlson. I try to avoid mentioning the “previous fellow” even with my persona non gratamoniker for him. There are more than a few aspects of Biden’s response to Putin’s War that I disagree with, but in the main, he is doing more than any other president in recent years (30+) has done, and for that alone, he deserves praise, support and recognition.

 

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

Cheers,

Cap                  :-)