Update no.1110

Update from the Sunland

No.1110

17.4.23 – 23.4.23

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

 

To all,

 

After a three-day delay to correct a faulty pressurization valve, SpaceX launched their massive heavy lift booster and Starship at 08:34 [S] CDT on Thursday, 20.April.2023, from SpaceX Starbase, Boca Chica, Texas. The mission was an unmanned, suborbital test flight. The flight plan called for a flight with less than one orbit and Starship re-entry and “soft splashdown” north of Kauai, Hawaii. The stack up for this mission included Starship 24 on top of Super Heavy Lift Booster (SHLB) 7—the first flight of the combination.

The SHLB is nearly 400 feet high and 30 feet in diameter, with 33 Raptor engines arrayed in three concentric circles. The SHLB develops 16M pounds of thrust at full power, two times the thrust of the Saturn V first stage booster. The design is intended for both the SHLB and Starship to be reusable—another first for space flight.

It was reported that five (5) of the 33 SHLB engines failed to light off at launch. From observation, between max Q (maximum dynamic pressure) and planned Main Engine Cutoff (MECO) and before booster separation, two more engines were lost. All seven engines were in one hemisphere of the array. Several flashes were noted among the exhaust plume suggesting there were other engine problems as well. It appears to me that the loss of those engines on one side exceeded the gimbal limits of the control engines resulting in the loss of attitude control. The stack tumbled several times before the Flight Termination System (FTS) was activated, which destroyed the booster and starship over the Gulf of Mexico in what was referred to as a “rapid unplanned disassembly.”

While SpaceX seeks to portray this test flight as a success, neither the booster nor the Starship landed where they were expected to splashdown. The loss of attitude control is clearly a failure by my reckoning. On the positive side, no one was injured or property damaged. SpaceX will analyze the data, learn precisely what happened when and presumably why, so that corrections can be made. 

 

The follow-up news items:

-- On 8.January.2020, the Islamic Republic of Iran fired 17 ballistic missiles at Allied airbases in Iraq [939]. No one was killed in the attack, but 50+ were injured and substantial property damage done. A few hours later, expecting retaliation, the Iranian Revolutionary Guard Corps (IRGC) fired two SA-15 missiles and destroyed Ukrainian International Airlines Flight 752 two minutes after takeoff from Tehran [939], killing all 176 people on board, including 82 Iranians and more than 50 Canadians. On Sunday, 16.April.2023, the IRI announced the conviction and sentencing of the SA-15 battery commander and nine others for the dreadful mistake.

-- Dominion Systems and Fox News reached a settlement in the defamation case against Fox News— Dominion v. Fox[DE SupCt Case No.N21C-11-082-EMD (2021)] [1101]. Dominion agreed to accept the settlement of US787.5M to abandon their original claim of US$1.6B. The jury had been selected and sworn in. The opening arguments were set to begin when the judge announced the settlement.

I regret that Dominion decided to take the settlement. History needs a trial and judgment by a jury of our peers to set in stone the facts of Fox News malfeasance. Now, Dominion has their money, and We, the People, will be subjected to the incessant spin by each side. I am delighted Dominion received substantial compensation for the damage cause by the persistent lies broadcast by Fox News. Unfortunately, the settlement does not punish Fox News for incalculable damage done to election integrity of this once grand republic. Whether we can recover from Fox News’ lies is yet to be seen.

Of course, what would contemporary events be without the drivel comments from Marjorie Taylor Greene (AKA MTG).

Marjorie Taylor Greene

We have food critics that criticize restaurants, consumer reports that criticizes products, auto critics that criticize automobiles, and conservative Americans have just wrapped up a week of nuking a beer company, but you can’t criticize a voting machine company or you’ll get sued for millions and millions of dollars.

3:35 PM · Apr 18, 2023

MTG aside, next up for Fox News in Smartmatic suit, which is a similar defamation suit seeking US$2.7B from Fox News for the channel’s lies about their voting machines and malfeasance in the 2020 election. The cost for Fox News is not done. Perhaps Fox News will eventually feel the full weight of justice for what they have perpetrated on the United States of America.

-- In the continuing saga of the rogue social conservative judge and the banning of RU-486 for everyone {Alliance for Hippocratic Medicine v. U.S. Food and Drug Administration [USDC ND TX Amarillo Div. 2:22-CV-223-Z (2023)] [1109], the Supremes issued a stay of Kacsmaryk’s order [7.4.23; 1109]—U.S. Food and Drug Administration v. Alliance for Hippocratic Medicine [598 U.S. 22A902 (2023)]. Two justices dissented (Thomas & Alito). Justice Thomas simply stated that he would deny the petition for a stay (and allow Kacsmaryk’s injunction to go into effect. At least, Justice Alito had the courtesy to give his rationale . . . for what that’s worth. He offered his opinion, not a judicial judgment, and he would deny the application for a stay just because he does not like abortions. The Supremes agreed to the stay, pending the assessment of the case by the 5^th Circuit Court of Appeals that is expected next month. I am grateful the wiser minds prevailed in this instance, at last until the final decision is rendered.

 

The world is a diverse and magnificent place. I read a comparably diverse spectrum of opinions, views, beliefs, and perspectives from the far right to the far left on a wide variety of topics. Every once in a while, an opinion stimulates me to tickle the keys. Here is one such opinion.

“Choose”

by Nancy Plencner

Fountain Hills Times

Published: Apr 12, 2023

https://www.fhtimes.com/opinion/letters_to_editor/choose/article_7225d24c-d890-11ed-83dd-53cda10932c2.html

"Independents are a mystery to me. Exactly what do they believe? The unaffiliated non-partisans speak in holier than thou tones that really turn me off. Apparently, they did not take their civics or government classes seriously.

"America is a Constitutional Republic with two distinct parties, which in my lifetime have become further and further apart, thus making it easier to choose.

"Either you are for a massive, centralized government that restricts and bans or you embrace the rights guaranteed under the Constitution. As a Republican I choose personal responsibility, believe in work there is honor and having choices, about how to live free to make my own decisions. I do not want, nor need, the government “protecting” me, or “making investments for me,” or parenting my children. So, how could I ever be supportive of a party that advocates for things I don’t believe in or would ever tolerate?

"If you honestly think the past two years have been great, that the border is secure, the banks just fine (what inflation?), the economy is great, that we are not on the brink of WW3, then go and make nice-nice with the local Democrats. I’m unabashed about what I stand for. I don’t hate Democrats, I just hate their policies and what they are doing to the country.

"While enjoying all the freedoms, Independents won’t join in the process or stand up for some basic ideals. How do they determine who to vote for if not based on some principles? So, if you are an Independent, I invite you to check out the Republican Club. April’s meeting is on April 15 at the Community Center, 8:30 a.m. You would find our values to your liking. Sheriff Mark Lamb is our speaker."

All submittals to the Opinion column of the newspaper were limited to 300 words. I had to had to edit my draft to comply. In this forum, I can share my draft prior to trimming it down for submission to the newspaper.

Fountain Hill Times, April 12, 2023, Opinion

An answer to Nancy Plencner’s letter:

Ms. Plencner asked, “Exactly what do [Independents] believe?”

I do not and cannot speak for all independents. I have been and remain an “unaffiliated non-partisan” since I entered adulthood and gained the right to vote. I believed it was most appropriate to register to vote as an unaffiliated non-partisan, since I was a lieutenant of Marines, and the military of the United States of America is apolitical. Thus, I can answer Ms. Plencner’s query as just one independent citizen.

I believe in We, the People, democracy, the U.S. Constitution, the Declaration of Independence, and the common laws of this grand republic. I do not believe in political tribalism. I do not swear allegiance or loyalty to any political party—only to the U.S. Constitution. Political parties are not mentioned in the Constitution or any other of our founding documents. Political parties are the exception not the norm. We are all Americans . . . not Republicans, Democrats, Greens, Libertarians, or any other political party members. In fact, political party affiliation is a social affectation and evolved many years after the ratification of the Constitution.

I could address each of Plencner’s ‘Republican’ statements; however, I do not want Ms. Plencner to feel I am attacking her tribe or political beliefs. She is entitled to believe whatever she wishes for whatever reasons she wishes. What she is NOT entitled to do is impose her political beliefs on any other citizen. The tribalism of ‘us’ or ‘them’ is exactly why we are in the political predicament we are in today. I will only state, as an independent, that I vote for the best candidate on the ballot no matter what political party s/he may be affiliated with.

Lastly, I will suggest Ms. Plencner would be well-served to read (or re-read) the U.S. Constitution. It is worth the time and effort. American democracy is not pretty. It is messy, ugly, wasteful, and grossly time consuming, but it is the best form of governance in the world, infinitely better than autocracy or any other form of authoritarian governance. I appreciate Ms. Plencner’s invitation to attend the Republican Club, but I shall respectfully decline. I will most emphatically not join and will vote against any political party that bans books, denies a woman’s fundamental right to privacy, denies the process and results of elections, and otherwise attempts to impose its values, beliefs, and opinions on everyone else. Instead of fighting each other, how about let us try working together to improve this grand republic. Respectful dissent and debate are essential to any viable democracy.

Thank you for reading and thinking. Have a great day.

Cheers,

Cap

To the other Independents out there, what is your answer to Ms. Plencner’s query?

 

Comments and contributions from Update no.1109:

Comment to the Blog:

“Why is the Comstock Act of 1873 still US law? Judge Kacsmaryk is known to litigators for making conservative rulings, fact and law notwithstanding.

“You didn’t say why Liz Harris’s witness was offensive.

“I read Stormy Daniels’ memoir. It’s well-written and insightful.”

My response to the Blog:

Very good question. My answer: Congress never got around to repealing the law, despite the fact that it was superseded by numerous Supreme Court rulings. Unfortunately, the Supremes never dealt with the Comstock Act directly . . . just its effects in piecemeal fashion. The Comstock Act was a ridiculous and grossly inappropriate law when it was passed in 1873. Whether Congress gets around to repealing the foolish law is yet to be seen.

That was precisely my point. Kacsmaryk is the go-to federal judge for social conservatives seeking to impose their opinions on everyone else. The Supremes are expected to render judgment on Kacsmaryk’s Alliance v. FDA ruling in the next two days.

You are correct. I did not think it necessary beyond my ‘fellow travelers” descriptor. The witness in question was a female insurance agent Jacqueline Breger, a woman from Gilbert, Arizona, who was also a publicly professed QAnon believer and wild conspiracist. Breger had made myriad accusations without a shred of physical evidence—just accusations. A number of Breger’s (and Harris’s) accusations are patently false and easily proven false. The Republican-controlled Arizona House objected.

Likewise, I also read Stormy Daniels’ memoir. I agree. It was well written and insightful. I have listened to her public statements in addition to reading her book, and I find her infinitely more believable than Tiny.

 

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

Cheers,

Cap                  :-) 

Update no.1109

 Update from the Sunland

No.1109

10.4.23 – 16.4.23

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

 

To all,

 

The follow-up news items:

-- The two Tennessee state representative— Justin Jones and Justin Pearson—expelled by the fBICP-dominated House [1108] have been reappointed by the district governing bodies as interim representatives until the special election is held later this year. I can only say, how appropriate is that! Further, I expect both of them to be reelected by their constituents, as they collectively thumb their noses at the fBICP leaders in the House. The expulsion was a very foolish move.

-- Here is a really rich one! In the just now unfolding case of New York v. Trump [1107], we have this news item:

“Andy Biggs wants to block Manhattan prosecution of Donald Trump”

by Ryan Randazzo

Arizona Republic

Published 11:59 a.m. MT April 13, 2023

https://www.azcentral.com/story/news/politics/arizona/2023/04/13/rep-andy-biggs-bill-would-block-new-york-prosecution-of-trump/70111770007/

This is Biggs being the devoted and loyal lieutenant defending ihr Anführer in Congress. For those who may not follow legislative affairs, Biggs has introduced two bills to his objectives—the No Federal Funds for Political Prosecutions Act and the Accountability for Lawless Violence In Our Neighborhoods Act (ALVIN Act). I do not expect either bill to make it through even the fBICP House, set aside the Senate, and I cannot imagine President Biden signing such blatant judicial interference and intimidation legislative act(s) from Congress. Biggs seeks to use the instruments of State to defend ihr Anführer, and he seek to intimidate Manhattan district attorney Alvin Bragg. We need to keep an eye on this one.

 

On Friday of last week, Judge Matthew Joseph Kacsmaryk of the U.S. District Court, Northern District of Texas, Amarillo Division, issued his ruling in the case of Alliance for Hippocratic Medicine v. U.S. Food and Drug Administration [USDC ND TX Amarillo Div. case no. 2:22-CV-223-Z (2023)], in which he banned the medicine Mifepristone—also known as RU-486 or Mifeprex. I intended to offer my assessment of the 67-page judicial pronouncement, but I have already wasted too much of my precious time, and I will not waste yours. Let if suffice to say that this ruling is blatantly biased personal opinion in the guise of scholarly jurisprudence. 

Kacsmaryk cited the 1873 Comstock Act {An Act for the Suppression of Trade in, and Circulation of obscene Literature and articles of immoral Use [Federal Anti-Obscenity Act of March 3, 1873] (AKA Comstock Act) [PL 42-III-258; 17 Stat. 598 (3.3.1873)]} to justify his opinion. He wrote, “The Comstock Act declares ‘[e]very obscene, lewd, lascivious, indecent, filthy or vile article, matter, thing, device, or substance’ to be ‘nonmailable matter’ that ‘shall not be conveyed in the mails or delivered from any post office or by any letter carrier.’ 18 U.S.C. § 1461.” The problem is all those words in the law are subjective—in the eye of the beholder. The subjectivity of such laws is precisely why they are wrong. It is not incumbent on the government (at any level) to determine, establish, or enforce morality. Kacsmaryk mounts fallacy upon fallacy and called a judicial ruling.

When Dobbs v. Jackson Women’s Health Organization [597 U. S. ____ (2022)] [1068] eliminated a woman’s fundamental right to privacy up to the point of “quickening” protected by Roe v. Wade [410 U.S. 113 (1973)] [319], SCOTUS reactivated the deep intrusion of the federal government into the private lives and freedom of choice of Americans citizens—female and male. Kacsmaryk never mentions a woman’s fundamental right to privacy, not even a hint or one word. It is so bloody easy when you consider as women second-class citizens, or worse not even citizens.

Kacsmaryk has used highly selective citations of the law to justify his personal opinion and made it appear to be scholarly jurisprudence to impose his opinion on every man, woman, and child in this once grand republic. What we see in his performance is the reason social conservatives will be running to Amarillo, Texas, in their vain attempts to  hold onto their dictation of morality and social strictures.

Kacsmaryk also cites cases of medical malpractice as further rationale for banning the drug. It is also another piece of evidence on the judge’s single-minded focus despite civil issues never mentioned and the broader impact on the majority of women who have successfully used the medicine without complication. I truly appreciate that Kacsmaryk does not approve of abortion is any form, at any time, for any reason. I do not like the medical procedure either, and I wish there was no reason for the procedure to be used . . . ever. However, I have no right, no authority, no moral basis to make that decision for a woman. Judge Kacsmaryk has that authority in part, but he is absolutely, categorically, and emphatically wrong to use that authority to further his personal choices. He has no right! Whatever mistakes, malpractice, or abuses have occurred or will occur should be dealt with properly with existing administrative and judicial processes.

As you read Kacsmaryk’s ruling, you are left with the impression that RU-486 had never been used successfully or properly and was otherwise a dangerous medicine that the FDA inflicted on an unsuspecting public. Everything negative is amplified, and there is nothing positive associated with the drug. He even throws in a little descriptive scene of the ugliness of abortion to trigger a negative emotional response, not to further the judicial process.

I have read more than a few judicial pronouncements over the years. It is very rare to read a judge’s rationale and ruling that is so clearly and unashamedly biased. Kacsmaryk offers no attempt at balance to achieve blind justice. He uses the plaintiffs’ sources to present the best negative picture he can muster up to justify his decision and opinion. Kacsmaryk does his level best to mask his highly biased personal opinion in the trappings of proper judicial scholarship, but he fails since he makes no attempt to achieve balance. Of course, there are “adverse events related to chemical abortion drugs.” There are adverse events associated with every medicine used including aspirin and penicillin. He cites these jaundiced anecdotes to build his rationale to impose his will on all citizens.

The political and social conservatives used to scream about judicial activism and legislation from the bench when they disapproved of the rulings. In Kacsmaryk’s Alliance v. FDA pronouncement, we have the ultimate in judicial legislation to this point in history.

We are all entitled to object, complain, or resist actions by the FDA, the FBI, the SEC, the Judiciary, or any other governmental agency who we disagree with or we believe is flat wrong. What are not entitled to do is take matters into our own hands. We are not vigilantes! Judge Kacsmaryk performed as a vigilante in his ruling in Alliance v. FDA. We have processes to deal with mistakes or errors in judgment. What Kacsmaryk did was substitute his opinion via his authority as a federal judge for the established processes. He placed himself above the law. He was wrong and deserves a hard smackdown for his transgression.

 

To give everyone a clue as to how bad the conduct of Arizona State Representative Liz Harris of Chandler is, the fBICP-dominated Arizona House voted to expel her from the legislature by a vote of 46-13. Harris has been and remains a conspiracist, a QAnon believer, an election denier, and a fBICP member (or at least she was). Harris was too wild even for the fBICP / MAGA bunch. What could be so serious for 18 Republicans to join the Democrat members to vote for Harris’s expulsion, you may ask? Harris invited one of her fellow travelers to testify before the joint House and Senate Election Committee hearing in February (go figure). The House Ethics Committee decided that Harris’s actions had brought “disrepute and embarrassment to the House of Representatives,” resulting in “disorderly behavior.” At the time of her expulsion, Harris had been an elected representative for District 13 for just four months.

Just to preface what I am about to write, I must say there are bad men (and women) among all politicians of all political parties, all nationalities, of all ideological persuasions. Money corrupts marginal men. Bad men are already deeply corrupted. As such, it is difficult to point an accusatory finger at the contemporary MAGA bunch . . . but OMG! Liz Harris is hardly alone. She has many kindreds spirits and brethren, even more than a few women—Margorie Taylor Greene, Lauren Boebert, Debbie Lesko, Kari Lake, et al, and that is just the obvious women. The men are too many to list here but I think the casual reader will get the point. These are so-called Republicans, or at least that is what they used to call themselves. Liz Harris deserved to be expelled . . . after only four months of ‘service.’ And so it goes!

 

Comments and contributions from Update no.1108:

Comment to the Blog:

“I also see Tiny as a flight risk, but all of this is still “justice delayed is justice denied”. Also, no gag order yet. I agree that the U.S. has a far broader issue than Tiny, and I see it as more important.

“Mr. Montini is wrong for exactly the reasons you give.

“It’s not only Arizona and Tennessee. It’s all the States, although they’re not getting results in all of them yet.”

My response to the Blog:

I searched for but have not yet found whether Judge Merchan impounded Tiny’s passport. I sure hope he did, but I have found no indication either way. An opinion article speculated whether he would return to New York for the hearings and trial. You are, of course, quite correct . . . “justice delayed is justice denied.” Yes, precisely, Tiny is only a symptom like Nixon, and we must deal with his transgressions in accordance with and to the fullest extent of the law, not so much to punish Tiny and his minions, but for history, for the future. We must never again be asked to endure the abomination of his misbehavior.

Given Montini’s opinions on a wide variety of other topics, I was surprised, if not shocked, to read his opinion advocating for a pardon of [the person who shall no longer be named]. Regardless, these things are not within the sphere of our control.

Quite so. The phenomenon is endemic especially in states dominated (for now) by the fBICP MAGA bunch. We must be ever vigilant, and we must encourage everyone around us to vote.

 

Another contribution:

“Good morning young man over there in your peaceful democratic land.

“I haven’t heard you mention ‘Tiny’ before, is this a description of his snake oil skills or others that we haven’t as yet witnessed.

“Well we all have problems in government-you know my views on politicians-apart from a few they are there for their own benefit i.e. to gain personal advance regardless of the methods and procedures. They need to be moved on.

“You all my friend are entering a period of great political instability, one that is fortunately rare in our societies but not unknown.

“You will and must pull through this-we live in a dangerous world currently, a world that needs sound guidance and stability, a world that needs the soundest of leadership skills and decision making. Those that cannot make that mark must be removed to other less comprehensive and detrimental tasks.”

My reply:

Sarcasm noted. LOL We are quite the chaotic and tumultuous nation, at the moment, aren’t we.

“Tiny” is a nickname given to [the person who shall no longer be named] by none other than the famous Stormy Daniels based on their intimacy in 13/16.July.2006. The nic seems quite appropriate for that man, and I trust Stormy Daniels far more than I do [the person who shall no longer be named]. His worthless snake-oil elixir salesmanship is quite separate from Stormy Daniels intimate observation.

Quite so! Democracy is a very messy and disorderly form of governance. In discussions on this particular topic, I am constantly reminded of Sir Winston’s famous observation.

“Many forms of Government have been tried, and will be tried in this world of sin and woe. No one pretends that democracy is perfect or all-wise. Indeed it has been said that democracy is the worst form of Government except for all those other forms that have been tried from time to time.”

Winston L. S. Churchill, 11.November.1947

Politicians are flawed, as we all are . . . some more than others. We must endure and overcome those deeply flawed men. The two worst of their common flaws is the seduction of power and the corruption of money.

We have been in a rather unstable state since the genesis of the contemporary Tea Party in the 90s. The radical conservative movement burgeoned in 2009 upon the inauguration of President Obama (I think we all know why). As the consummate huckster, conman, snake-oil salesman, swindler, Tiny saw the path to the ultimate grift (bilking citizens of millions of their dollars). We will remain unstable as long as his believers buy his schtick and allow him influence over their actions.

This once grand republic has overcome and grown from many difficult times and challenges. I have faith we will eventually overcome this time of trial and transition. It will just take time and perseverance.

 

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

Cheers,

Cap                  :-)

Update no.1108

 Update from the Sunland

No.1108

3.4.23 – 9.4.23

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

 

To all,

 

The follow-up news items:

-- We crossed the Rubicon last week with the issuance of Indictment-71543-23 dated: 4.April.2023 [1107], by District Attorney Alvin Leonard Bragg Jr. of New York County in the case of New York v. Trump. As required by a negotiated agreement, Trump surrendered, and was arrested and arraigned. He plead not guilty. The indictment was unsealed and made public and lists 34 counts of exactly the same charge for a series of invoices, vouchers, and checks dated 14.February.2017 to 5.December.2017—Falsifying Business Records in the First Degree. Each specified count as a standalone charge is a misdemeanor. These misdemeanors become felonies if they are carried out to support greater felonious crimes. The indictment was accompanied by a Statement of Facts document that detailed the facts behind the charging counts but does not yet articulate the greater crimes, yet those crimes are implied.

The indictment is really thin and bare bones. The indictment document did not indicate what underlying crime Tiny intended to commit that would raise the listed misdemeanor crimes to the felonious level. The Statement of Facts documents clearly establishes ‘probable cause’ but exceeding the ‘beyond a reasonable doubt’ threshold may be more problematic. Bragg charged Tiny. Now the prosecutors must convince a jury beyond a reasonable doubt to convict him and send him to prison.

This case is complicated by a number of ancillary factors, not least of which are the facts that Bragg’s predecessor and the U.S. Attorney for the Southern District of New York declined to charge Tiny based on these facts. Further, Bragg declared publicly during his election campaign that he would charge Tiny leaving a stain of bias that the MAGA bunch are exploiting to full advantage. The indictment does not give me sufficient information to support prosecution for felonious crimes. We must wait for more information to be made public during the Motions and Preliminary Hearing stages, if not the trial itself.

At his arraignment, [the person who shall no longer be named] stated his plea to all 34 counts—not guilty (of course). Presiding judge, acting Justice in the Supreme Court of New York, New York County, Judge Juan Manuel Merchan chose not to issue a gag order and decided to release the defendant on his own recognizance without bail. To my surprise, Judge Merchan allowed the defendant to leave New York and return to Florida (in hopes that he will return for trial). Once again, true to form, [the person who shall no longer be named] chose to taut the presiding judge in New York v. Trump. He was warned at his arraignment to not comment publicly on the prosecutors, the judge, or the proceedings. At his evening grifter speech back at Mar-a-Lago, the BIC did precisely what he was warned not to do. He is virtually demanding the judge take action to issue a ‘gag’ order to a presidential candidate in a political campaign. We shall see how this plays out. The next in-person court appearance for 45POTUS is scheduled for the 4^th of December, two months prior to the official beginning of the 2024 presidential election campaign, for the judge to rule on the expected motions in the case.

Although not yet part of the official legal proceedings, I see the seeds of what may become additional charges of fraud, obstruction of justice, witness tampering, tax evasion, and contempt of court.

In closing this particular item for the Update, I offer the following two, interesting and challenging articles.

“Donald Trump’s indicted. But in Kansas, we’ve got a bigger problem with democracy | Opinion”

by Dion Lefler

Kansas City Star

Published: Tue, April 4, 2023 at 2:12 PM MST

https://www.yahoo.com/news/donald-trump-indicted-kansas-ve-211205745.html

The issues illuminated by Lefler are far broader and pervasive than Kansas. We could change the state in question to any other fBICP-controlled state legislature.

and

“Indictment of Donald Trump. He Had It Coming – The indictment of Donald Trump was long overdue. In a constitutional democracy, nobody can stand above the law.”

A Commentary by Roland Nelles

Der Spiegel

Published: 31.03.2023, 10.58 Uhr

https://www.spiegel.de/international/world/indictment-of-donald-trump-he-had-it-coming-a-97d28389-a0c4-481e-99ff-f66d8c0a84f6?sara_ecid=nl_upd_1jtzCCtmxpVo9GAZr2b4X8GquyeAc9&nlid=spiegel-international-21-00

From my perspective, the opinions from Kansas and Germany reflect collateral damage done by Tiny in his quest to squeeze the grift for every drop of money he can get from the true believers in his snake-oil elixir. We gotta hand it to the guy, he has found resonance.

 

I often quote E.J. Montini in this forum since his opinions on things often align with mine. I usually agree with his reasoning and opinion. Here is a Montini opinion with which I categorically, absolutely and emphatically disagree.

“President Joe Biden should pardon Donald Trump – Opinion: I am not naive enough to believe that a pardon would – in any way – begin the process of healing or mend our broken fences. But it's still the right thing to do.”

By E.J. Montini

Arizona Republic

Published: 8:36 a.m. MT April 6, 2023 | Updated 10:59 a.m. MT April 6. 2023

https://www.azcentral.com/story/opinion/op-ed/ej-montini/2023/04/06/joe-biden-should-pardon-donald-trump-indictment/70088447007/

President Ford was dead wrong in 1974, and E.J. Montini is wrong in 2023. A presidential pardon of criminal conduct places political convenience over the rule of law. Yes, I do agree that a president of the United States brought low by prosecution and punishment before the bar of justice is embarrassing, disappointing, regrettable, and otherwise stains the history of this once grand republic. However, those men chose to break the law. No one forced them to do so. Both Nixon and Tiny broke multiple laws. Both presidents undoubtedly believe they were above the law. In Tiny’s case, perhaps he is just ignorant of the law, but common law is well established—ignorance of the law is no excuse {Blackstone: 4-2.27 (1769)} [1055]. We must endure the embarrassment of a former president being brought to justice. Nixon did not deserve the presidential pardon he received. Tiny most assuredly does not deserve a presidential pardon now. I hope, pray, and expect President Biden is strong and wise enough to recognize the reality and the necessity of fulfilling justice for a criminal former president. History, justice, and the rule of law are too bloody important. Presidents should be held to a higher standard of compliance, not a lower one.

 

Not to be outdone, the Arizona wing of the fBICP continues to press their intention of suppressing, discouraging, alienating, and intimidating voters in the state. Please read:

“Senate passes an(other) election conspiracy bill. We are saved – Opinion: The Arizona Senate passes another bill aimed at countering an election conspiracy that exists only in their fevered imaginations. Now can we move on to real problems?”

by Laurie Roberts

Arizona Republic

Published: 2:16 p.m. MT April 5, 2023 | Updated 1:03 p.m. MT April 6. 2023

https://www.azcentral.com/story/opinion/op-ed/laurieroberts/2023/04/05/arizona-senate-passes-election-conspiracy-bill-secretary-state/70085960007/

As Ms. Roberts noted, “House Bill 2308 would bar the secretary of state from overseeing elections in which he (or she) is on the ballot. Never mind that it’s the counties that actually run elections in Arizona.

“It’s worth noting that this sudden glaring conflict of interest was never a concern when Republican secretaries of state were on the ballot, either running for reelection or for governor.”

Her observation exactly summarizes the reality of what we face across the entire country. That group—the fBICP, the MAGA bunch, and all the other consumers of Tiny’s snake-oil elixir—is dead set on using their waning legislative power to impose their will on anyone and everyone they can . . . while they can. Like ihr Anführer, the law, rules, guidelines, precedent, and history apply to all the other foolish lemmings like you and me; they do not apply to them. Like the Nazis of a bygone era, they are the law. They decide what the law is, and who it applies to. Not them!

It is up to us—We, the People—to overcome the consumers of his snake-oil elixir and vote them all into the oblivion they deserve. We must vote!

 

In yet another ignoble action by the fBICP, this time in Tennessee, State Representatives Justin Shea Bautista-Jones, 27, of Nashville and Justin J. Pearson, 29, of Memphis, the two youngest members of the Tennessee Legislature, both having dark skin pigmentation, were expelled from the House, with vote tallies of 72-25 and 69-26, respectively, while Representative Gloria Johnson, 60, of Knoxville, a woman with light skin pigmentation, was spared by one vote, with a vote tally of 65-30. What was their offense to deserve expulsion? The answer: those two young bucks and the white woman had the audacity speak out on the House floor for gun control legislation in the wake of the Nashville Covenant School shooting. So much for speech and debate in fBICP-controlled legislatures.

I urge both Jones and Pearson to run in the special election to reclaim their seats in the legislature. The three protesters were not violent. They did not injure anyone. Freedom of speech is freedom of speech; either we have it, or we do not. What the fBICP did to Jones, Pearson, and Johnson was wrong, but they do not care. The law does not apply to the fBICP.

 

Comments and contributions from Update no.1107:

Comment to the Blog:

“The issue with Israel, as you mentioned, is worldwide. That’s what scares me.

“One symptom of the decline of democracy is winning candidates such as Tuberville. I could add many others to a list of such buffoons.

“I’m more concerned with the legal process around Tiny than people talking about him. Assuming he actually surrenders, will the judge impound his passport? That seems a minimal precaution. A wise judge might deny bail due to the flight risk. Bullies are always cowards.

“Ultimately, election laws matter more than bombast.”

My response to the Blog:

You are not alone. Authoritarian forces are gaining traction in numerous former democracies. Perhaps Putin & Xi are correct.

Spot on, again. The list of those buffoons continues to grow—Santos, Greene, Cruz, Hawley, Gaetz, Jordan, Boebert, Tuberville, Graham, Gosar, Biggs, et al . . . both chambers are infected. A former noble political party is deeply infested. And, We, the People, elected these bozos; what does that say about us?

Once again, you are not alone. I would be surprised if he does not surrender given all the falderal surrounding his movement. We shall know later today. I sure hope the judge impounds his passport and perhaps even his jet. I will be a little surprised if he allows Tiny to leave the state. Would he allow you or me to leave the state if we were charged with the same crimes? Bullies are indeed cowards, and Tiny was the Bully-in-Chief and wants to be again.

Your last statement cannot be overemphasized or overstated. That is also why I try to illuminate these voting suppression laws where we find them. I do not expect AZ SB 1695 to become law since Governor Hobbs will likely veto the bill if it makes it that far to her desk.

 

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

Cheers,

Cap                  :-)

Update no.1107

 Update from the Sunland

No.1107

27.3.23 – 2.4.23

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

 

To all,

 

The anti-democracy authoritarian forces are in full bloom around the world. The evolving situation in Israel would be disturbing by itself. When placed in the context of other democracies shifting or drifting toward various forms of authoritarianism, the efforts of Benyamin Netanyahu and the far-right factions seeking to emasculate the Judiciary and specifically the Supreme Court of Israel are far more threatening. The assault on the Judiciary is bad enough, but in the case of contemporary Israel, there is the added sinister dimension of Netanyahu’s deep—very deep—conflict of interest. The prime minister is the principal subject of a major corruption investigation, so his direct conflict of interest is unbounded and grossly self-serving. Massive public demonstrations against the administration’s initiative to castrate the Judiciary have rocked the nation causing Netanyahu to slow down his effort to abandon democracy and move toward autocracy. Of course, like so many such movements, the right-wing factions within the country have supported the endeavor.

 

In the realm of outrageous and absurd, Senator Thomas Hawley ‘Tommy’ Tuberville of Alabama, former football coach turned U.S. Senator, has been singularly holding this year’s the senior military promotion and nomination list hostage in protest to and opposition of the Defense Department policy regarding abortion. The policy at issue is the covering of travel expenses and time off for women who must go to states that allow abortions. Secretary of Defense Lloyd Austin contents that Tuberville’s action is adversely affecting military readiness.

“Austin confronts GOP senator for blocking military nominations over abortion policy”

by Luis Martinez and Isabella Murray

ABC News

Published: Tue, March 28, 2023 at 4:10 PM MST

https://www.yahoo.com/gma/austin-confronts-gop-senator-blocking-231016153.html

What we bear witness to in this instance is not democracy. Tuberville is not seeking a change in the law. It is one man imposing his beliefs, his choices, his opinion on everyone—not just the women involved, or the senior officers in the military who deserve promotion, but everyone. This is NOT how democracy is supposed to work.

 

Like democracy, freedom is messy, nasty, ugly, and aggravating. Freedom is freedom to do good or do bad. The issue is who judges good and bad, and by what standard? Freedom of choice allows a clearly mentally ill person to legally acquire multiple firearms. Freedom is NOT what a willful minority decides it should be or what they wish it was. Freedom is freedom, period! Where we run into problems occurs at the public-private interface. Society has a right and responsibility to define what is proper and acceptable for good order, discipline and decorum in the public domain. Society does not have that right in the private domain. Yet, notoriously, social conservatives have enacted laws to penetrate deep into the private domain, and as long as that penetration does not impinge upon our choices, we tend to look the other way—doesn’t affect me. There is nothing more private and personal than our anatomy and biology. The social conservatives have absolutely no right whatsoever to decided what is acceptable within any citizen’s body, what thoughts a citizen can hold, or who any citizen choose to live their private lives. The latest of many outrages carried out by the fBICP, MAGA bunch is an offense to the essential freedom of every citizen regardless of whether we realize it or not. The assault on transgender people is and should be offensive to all of us. I understand that non-heterosexual behavior is offensive to social conservatives; they have every right to be offended. That crowd does NOT have any right whatsoever to transform their personal offense into public law . . . period . . . full stop . . . drop the mic. It is up to the rest of us to defend the right to the same freedom of choice as every citizen and to confront the social conservatives to keep their choices to themselves. A parent is best position to decide what is right and proper for a child—NOT the State. To the fBICP MAGA bunch, STAY OUT OF OUR PRIVATE LIVES AND CHOICES.

 

History was made again this week. On Thursday, 30.March.2023, [the person who shall no longer be named] became the first president, current or former, in all of United States history to be indicted for felonious criminal conduct. Tiny is expected to be arraigned on criminal charges on Tuesday, 4.April.2023. To keep this in perspective, the current indictment is only the first of what may well become many. Further, the New York State charges are the least significant of all the investigations so far.

The U.S. Constitution lists three requirements to be president. S/he must be:
1. at least 35 years of age,
2. a natural born citizen, and
3. have lived in the United States for at least 14 years [Article II, Section 1, Clause 5].
There is no mention in federal law that indictment, conviction, or even imprisonment is a disqualifying condition. I am not aware of any state law that would preclude the candidacy of a felon. Thus, it is theoretically possible for an imprisoned felon to be elected president. I have no idea how that might work, but we have moved closer to finding out.

There have been numerous presidents involved in scandalous behavior, financial, political, and even criminal, from Warren Harding's Teapot Dome to Ulysses Grant's Whiskey Ring to Harry Truman's "mess in Washington" to Ronald Reagan's Iran-Contra scandal, and to Bill Clinton’s White Water and abuse of power. The worst, at least until the current fellow came along, was Richard Nixon in the whole, broad dimensions of the Watergate Scandal. Nixon violated numerous federal and district laws, and escaped accountability and justice, when President Ford terminated the judicial process by issuing a “full, free and absolute” pardon for any crimes Nixon committed while in office. The pardon was highly controversial in the day . . . and it remains highly controversial to this day—a stain on Ford’s presidency.

Of course, the BIC’s sycophants are screaming abuse, outrage, political witch hunt, ad infinitum. The indictment is still sealed. They do not know what the charges are. They have not seen the evidence to support those charges beyond probable cause. The MAGA bunch has aggressively tried to attack the judicial process. They say they do not trust the courts. The reality is that bunch only trusts their beliefs, their opinions, their positions. Everything else is suspect to them. They can rant all they want. They enjoy that freedom of speech and assembly. They have no right to break the law.

According to Mike Pence, campaign finance laws do not apply to the president of the United States. Mike Pence is flat ass WRONG! The law is the law, and the law applies to everyone including 45POTUS. He will have to opportunity to present his argument in his defense. So let us get on with it.

All of the constitutional trauma induced by [the person who shall no longer be named] is bad enough. To me, what is far worse is the people defending the con man and giving him more money.

“Post-indictment poll: Trump surges to largest-ever lead over DeSantis - But the latest Yahoo News/YouGov survey also shows that most Americans don't think Trump should be allowed to serve as president again if convicted.”

by Andrew Romano - West Coast Correspondent

Yahoo!news

Published: Sat, April 1, 2023 at 8:11 AM MST

https://www.yahoo.com/news/trump-indictment-poll-surges-lead-desantis-151150006.html

Among Republicans and Republican-leaning voters who responded to the survey, [the person who shall no longer be named] has surged ahead of DeSantis. That is their choice. They have a right to believe his snake-oil elixir is a cure-all for all their ills regardless of the truth or reality. I disagreed with President Ford’s unilateral, selfish action on 9.September.1974; he denied justice to history. We must not allow the fBICP MAGA bunch to deny justice today. Let them rant & rave all they want. Freedom of speech is freedom itself. We need justice. History needs justice. 

 

Staying true to form, on Saturday, 25.March.2023, [the person who shall no longer be named] held a séance for his true believers and called it a campaign rally. This was the first major rally of his 2024 presidential campaign. The man chose to hold his gathering for his snake-oil devotees in Waco, Texas, at the site of the former Branch Davidian compound.

For those who may not know or do not recall the history, 30 years ago, a self-proclaimed messiah led a group in their resistance to federal warrants to search for and seize illegal firearms. The initial shootout became a 51-day siege that ended when the FBI led an assault on the compound that resultant in the deaths of 80 men and women including two dozen children. The Branch Davidian incident became a cause célèbre for a diverse group of conspiracists, anarchists, and ultra-right factions.

Of all the sights to hold a “campaign rally,” Tiny chose the dirt of the former Branch Davidian compound for one very specific reason—to refresh his grift. An ancillary purpose is undoubtedly to dog-whistle his believers that he needs them to fight his fight. An opinion article in the Arizona Republic summarized reality:

“Donald Trump went to Waco, Texas, to wage unholy war, not a campaign rally - Opinion: Staging a campaign gathering where tragic events 30 years ago sparked the current right-wing conspiracy movement was no accident.”

by E.J. Montini

Arizona Republic

Published: 6:01 a.m. MT March 27, 2023 | Updated 6:36 a.m. MT March 27, 2023

https://www.azcentral.com/story/opinion/op-ed/ej-montini/2023/03/27/donald-trump-waco-visit-a-pilgrimage-not-a-rally/70050181007/

Please read the article.

 

The fBICP & MAGA bunch in Arizona continue their unrelenting assault on the election process in the state and their commitment to ignorance [Nescientia super scientia (Ignorance over knowledge!)]. These yayhoos have introduced Senate Bill 1695. The bill is not likely to make it through the entire process into law, but it is the purpose of SB1695 to subvert elections. The proposed law would require an automatic re-do of any election in which 1,000 voters in Maricopa County (or 250 in any other county) had to wait in line for more than 90 minutes.

This bill is just one of myriad bills that intend to restrict, constrain, and narrowly regulate our elections. The MAGA bunch is pressing existed laws in every way their 

We do not need more laws like SB1695. The Legislature simply needs to fund more polling stations and allow alternative voting like voting by mail, early voting, and such. We should be making the voting process easier, not more difficult in the name of security. Yes, our elections must be secure, and we must prosecute those who violate the election process to the fullest extent of the law. If this legislative bill makes it through the Legislature, I trust Governor Hobbs will veto this foolish, ill-advised attempt to further corrupt our election process.

 

Just a word of caution to the dictators, autocrats, oligarchs, and other anti-democracy authoritarians in the world, I know the fractiousness on full public display in the United States might seem like affirmation of your misperception of American decay and weakness. However, the United States has been in this position before. In 1940 and 1941, the America First isolationist movement was very strong and dominated American politics of the day. The movement evaporated in an instant when the United States was attacked by the Empire of Japan on December 7^th—that Day of Infamy. Likewise, the divisions we all see in American society today will also evaporate if we are attacked again. To the bad guys, do not underestimate the unifying power of freedom.

 

Comments and contributions from Update no.1106:

Comment to the Blog:

“We keep overestimating the people whose duty is stopping 45POTUS and his kind.

“I’ll note that the U.S. government has access to everyone’s private information on platforms other than TikTok. Maybe that’s what they’re after.”

My response to the Blog:

Perhaps so. Let us not forget that this latest brouhaha was induced solely by 45POTUS; no one else. There were no other signs or indications. The prosecutor’s work to their timeline . . . not his.

Do you mean using Tik Tok subscription as a portal to other databases? I cannot imagine that there would be a direct access portal through Tik Tok, but there may well be indirect potential via identification and password association. The CCP is after anything they can acquire by any means. They have already proven their intelligence apparatus is quite adept at accessing and collecting highly sensitive information.

 . . . Round two:

“‘They [prosecutors] work to their own timeline’ isn't acceptable when their timeline allows for further attempts to overthrow the government.

“Presumably, the U.S. government also has intelligence analysis capabilities, and they have ready access to personal and private information on Americans. I guess Tiktok doesn't play along.”

 . . . my response to round two:

I have railed against prosecutorial (in)discretion many times in the Update forum. Yet, that is our system. All laws require human interpretation for unique circumstances, if nothing else, and as such allow prosecutors if and when to proceed to trial. As is the nature of the beast, some prosecutors are willing to take greater risks with the “beyond reasonable doubt” decision that belongs to a jury. I want and support swift justice, but more importantly, I want justice. Tiny has been acquitted TWICE in what I thought the evidence was irrefutable and substantial. I want the prosecutors to have a solid evidentiary case before they charge and proceed to trial. That said, I agree with you completely. Tiny has already begun the preparation for his second attempt to overthrown due process of our laws. He must be brought before the bar and face justice that is due to him for his crimes. It is the last part that is paramount to me.

You are of course quite correct. From our past experience, our safeguards are not foolproof, but at least we have safeguards to prevent abuse by the State. The PRC has no safeguards; the CCP is an all-powerful, autocratic/dictatorial entity inside the PRC. The comparisons to the USA are very weak to non-existent, in my humble opinion.

 . . . Round three:

“In any operation shrouded in secrecy, there are no safeguards. My comment stands.”

 . . . my response to round three:

Ah yes, now there is that aspect. Intelligence, by its very nature, must be secret. In many respects, the intelligence biz is quite like a law enforcement investigation. If the work is not secret, the perp could take a number of actions to interfere with the investigative process, e.g., destroy evidence, flee, amend behavior, et cetera. On the flip side, then Secretary of State Henry L. Stimson objected to U.S. cryptoanalysis programs with his now famous statement, "Gentlemen do not read each other's mail." He went on to become secretary of War during WW2 and supervised the most secret program then in existence—the Manhattan Project and the MAGIC cryptoanalysis program.

Secrecy certainly reduces the safeguards, but there are still safeguards . . . definitely more than in the PRC. We still have three branches of government, each with authority and responsibility to cross-check the other two.

I am not disputing your statement, only adding comment from my perspective.

 

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

Cheers,

Cap                  :-)