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                  :-)