Update no.1202

 Update from the Sunland

No.1202

20.1.25 – 26.1.25

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

 

To all,

 

The follow-up news items:

-- Inauguration of President [who shall no longer be named], AKA [no name] [705 & sub] took place on Monday, 20.January.2025, in the Capitol Rotunda due to bitterly cold weather outside. And so, the next episode of the clown show of chaos began.

 

Democracy

in the American Republic

has failed!

A substantial portion of eligible citizens [10M to 18M, depending on how we wish to count] felt no reason to vote; and thus, a felonious criminal demagogue con-man has been duly elected and sworn in as president of the United States of America. The coalition of right-, extreme-right-, and ultra-right-wing factions within this once grand republic were coalesced and given voice by that con-man, otherwise known as [the person who shall no longer be named] or now just [no name], and THEY VOTE!

As Chief Justice John Marshall wrote for the Court in McCulloch v. Maryland [17 U.S. 316 (1819); 4 Wheat. 316], “That the power to tax involves the power to destroy; that the power to destroy may defeat and render useless the power to create . . . .” [17 U.S. 316; 431] [416]. In this instance, the corollary is, the power to vote is also the power to destroy. In his explanation of what became known as the Tytler Cycle, Lord Woodhouselee (Alexander Fraser Tytler) said:

“A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.”

―Alexander Fraser Tytler [1787]

The power to vote, like the power to tax, can be misused to destructive ends. Tytler referred to access to the Treasury, but the very same danger lies in the dictation of constrictions on the essential freedoms we enjoy in the furtherance of a majority (or willful minority) dominance. The conservatives have demonstrated their willingness to burn the whole house down in order to preserve their power. And, the rest of us have allowed this change to happen.

As Benjamin Franklin walked out of the Constitutional Convention [17.9.1987] after approving the new Constitution, he was asked by Elizabeth Willing Powel, "Well, Doctor, what have we got, a republic or a monarchy?" Franklin presciently responded, “A republic if you can keep it.” Please note his choice of the second rather than first person pronoun. Preserving the republic was up to us. He and his colleagues had done the best they could to give us the foundation of a strong republic. As the last election and Monday’s events demonstrated, we could not keep it. We have failed Ben, our ancestors, our contemporaries, and our successors.

I appreciate and publicly laud the extraordinary efforts of President Joe Biden after the debacle of the previous administration as well as his efforts to demonstrate to the world the peaceful transfer of power from his administration to that of the incoming administration. He gave us a demonstration and example of how a gentleman with moral grounding and respect for others should act as president of the United States.

Within hours of taking the oath of office (again) and swearing to “preserve, protect and defend the Constitution of the United States,” [no name] violated the U.S. Constitution when he signed an executive order preventing birthright citizen as guaranteed by the first sentence of §1 of the 14^th Amendment. This one is perhaps the most glaring and dramatic evidence of what lays ahead of us. AND THIS IS JUST THE FIRST PARTIAL DAY OF HIS PRESIDENCY!!! There are four (4) years to go. I shudder to think of what his action portends for the future.

We elected a felonious criminal to be president of the United States, and what does that criminal do during the first hours of his new administration? He pardons 1,500 plus other felonious criminals who took part in an egregious insurrection against the U.S. Constitution. A criminal pardoning other criminals . . . go figure! Most of those convicted plead guilty. A jury or a judge did not have to evaluate facts in their cases. The convicts plead guilty! A criminal pardoning other criminals. There is no doubt whatsoever that the Founders and Framers would have been outraged, disgusted, and thoroughly baffled by what We, the People, did last November, and by what the newest president immediately did. Those insurrectionists violated multitudinous laws and the U.S. Constitution. They were tried in a court of law in accordance with our trial procedures, more than a few were convicted of Seditious Conspiracy in stimulating the insurrection.

[No name] unilaterally declared, there will only be two genders—male and female. By what right does he (or any person) have to say such a thing?

And, this is just the beginning!

Further, President [no name] induced and otherwise caused to happen his predecessor issuing a number of “preemptive pardons” to protect citizens who committed no crime, none of them have never been charged (other than by the false lies of the con-man-in-chief), and have never been tried or convicted in a court of law. Among those preemptively pardoned by President Biden were the whole January 6^th committee (HSCJ6) and the former chairman of the Joint Chiefs of Staff.

[No name]’s despicable actions were not a flash in the pan. He repeatedly told us publicly that he was going to do these things during his candidacy before being nominated by a once grand old political party and during the presidential campaign. Multitudinous accomplished leaders told us (warned us) that he was a danger to our democracy. Despite all the forewarning signs, 77M citizens voted for the felonious criminal, and worse (to me), 10+M additional citizens chose apathy over their duty to the republic. Yes, I think it is safe to say the American republic has failed. My generation destroyed it. History beyond my remaining lifetime will record whether the destruction is reparable, and the integrity of the republic can be reestablished.

The Canadian Province of Ontario produced and released a video telling Americans that the province stands with the United States. The video is well done and succinct. They bought a considerable amount of time slots on multiple channels to present their argument. Yet, I find the video extraordinarily sad. Canada has been and remains a stable and staunch ally of the United States. The reality that induced Ontario to produce such a video is regrettable in just about every aspect I can think of. The video is not dramatically different from the myriad tech CEOs genuflecting at the altar of the Bully-in-Chief. I apologize to our Canadian ally and to Ontario specifically for the Ugly American Syndrome that drove you to make a public statement of “we’re with you.” Canada has always been a good ally. That reality has not changed. To me, the Ontario video is yet another demonstration of what [no name] has done to this once grand republic.

I offer full, unconditional, unequivocal apologies to my children, their children, and all good citizens of this once grand republic. My generation has destroyed what stood for 250 years of history. We were never perfect, and we were always a work in progress, but we failed to protect the republic we inherited. And now, we hand the rubble to you. I witnessed more than a few challenges to the integrity of the republic in my lifetime, but none of those challenges even remotely compares to the magnitude of our current problem.

My words above may seem very dark and depressed. I suppose they are, but they are my feelings about what has happened to this once grand republic. Yes, I suppose I am experiencing a form of depression. But, I can only assure you, I am not suicidal, and I have no intention of moving to another progressive and stable country. In the famous words of Commodore Stephen Decatur, Jr., USN, my country, right or wrong, my country. This is my country. I shall stand with my country until the end—for better or worse, in good times and bad times, through thick and thin. I am not going anywhere.

Now, it is time, yet again, for us to endure.

 

On Thursday, U.S. District Judge John Clare Coughenour of the Western District of Washington at Seattle issued a 14-day Temporary Restraining Order (TSO) against President [no name], delaying enforcement of his Executive Order (EO) prohibiting birthright citizenship. The EO is ironically titled: Protecting the Meaning and Value of American Citizenship. When he issued his ruling, Judge Coughenour publicly stated that the EO was “blatantly unconstitutional” and rightly so. [No name] has one teeny-weeny little problem; his EO violates the first sentence of §1 of the 14^thAmendment (1868) to the U.S. Constitution. Of course, as we well know, [no name] truly believes neither the U.S. Constitution nor any law applies to him or his dicta. He is entitled to do what he pleases.

 

On Friday night, the Senate confirmed Peter Brian ‘Pete’ Hegseth by a vote of 51-50-0-0(0). The vice president had to come in to break the tie. Three Republican senators voted No, forcing the tie. Hegseth was sworn in as the new secretary of Defense.

Birds of a feather, so they say. Heaven help us!

 

Also confirmed in the last few days were:

Marco Antonio Rubio of Florida – secretary of State [Senate: 99-0-0-0(1)]

John Lee Ratcliffe of Texas – director of the Central Intelligence Agency [Senate: 74-25-0-1(0)]

Kristi Lynn Noem, née Arnold, of South Dakota – secretary of Homeland Security [Senate: 59-34-0-7(0)].

Noem is problematic for me . . . too many missteps, but hey, my opinion does not matter a twit. I shall give the others the benefit of the doubt until they prove otherwise.

 

Comments and contributions from Update no.1201:

Comment to the Blog:

“Your sentence, “The vehicle experienced a Rapid Unscheduled Disassembly (RUD) with debris observed falling into the ocean near the Turks and Caicos Islands” fascinates me. Beyond the silly euphemism for ‘the thing fell apart,’ there’s the sheer opaqueness of reporting dangerous misadventures as if they were successes.

“I’m not a TikTok user. The Establishment legal argument doesn’t work in reasoned discourse because so many others have access to everyone’s information. The hidden point is that TikTok is out-competing Muskrat and Zuckerberg. The Felon’s and others’ reversals on this issue reflect their awakening to the importance of 150 million of ‘we the people’ who use TikTok.

“The Middle East remains unpredictable. I haven’t seen recent reporting on Netanyahu’s trial, which has great bearing on the outcome.

“The ‘socio-political aspects and ramifications to the climate change issue’ change nothing in physics, chemistry, or biology. Good luck with your caution.”

My response to the Blog:

The Rapid Unscheduled Disassembly of the Starship 33 craft was not a success. But, if we learn, all failures can have a positive consequence. I suspect that will be the case for the SpaceX program. Good engineering learns from its failures.

I am not a TikTok subscriber either . . . and never will be. However, I have seen more than a few TikTok vidclips over the years. Your observation is correct and is a problem. However, there is a huge difference between commercial utilization versus PRC intelligence and cyber-operations against the United States. I do see a difference.

I have not seen anything on Netanyahu’s corruption trial either. I suspect they have a similar limited immunity provision in their law. We can only hope justice comes to all criminals.

I do believe you may be conflating things, my friend. The issue is not the science. My point is the political decisions made as a consequence of the science. Taken to the extreme, we simply cannot regress to the pre-industrial age to solve the climate change problem. Is societal and cultural change required to deal with climate change—YES, absolutely. The question to us is, how far do we go with the required change?

 . . . Round two:

“The private space program endangers civilians and pollutes the environment, which you don’t point out. It’s an ego trip for billionaires, financed by taxpayers.

“’Commercial utilization’ of our information means selling it to the highest bidder, including national entities. Duh.

“Netanyahu will remain in office to avoid consequences as long as possible. Prolonging the genocide serves that aim.

“My climate issue is the science. As current trends continue, millions more humans and many other species are doomed. I don’t know what you mean by ‘regress to the pre-industrial age.’ I’m unaware of any suggestion like that. Is that something emanating from the far right or is it corporate? The required changes to avoid apocalyptic deterioration were determined by science, not politics. The only political aspect is that we didn’t do what was needed and won’t until post-apocalyptic times. I grieve for the survivors as much as the dead.”

 . . . my response to round two:

Let it suffice to say that I do not share your view of the space program.

Yes, true, but the sovereign nation at issue here is actively trying to subvert our country. Huge difference.

Yes, just as [no name] has done and is doing. Like [no name], Netanyahu is a product of the ultra-right-wing factions he uses to maintain power. Israelis, like Americans, must vote to banish those extreme-right-wing factions to the shadows from which they came.

“Doomed” is an excessive descriptor, it seems to me. The popular notion is the industrial age, billowing carbon into the atmosphere, is the direct cause of climate change, and thus can be easily reversed by reverting back to the pre-industrial age. I cannot subscribe to the doom & gloom perspective. The sun continues to rise in the east.

 . . . Round three:

“Please note that I specified the ‘private’ space program.

“The difference is nil. Our information is available worldwide whether or not a Chinese company owns one of the sources.

“The climate turning point that was extensively studied and agreed upon by climate scientists was when the world’s temperature exceeded pre-industrial levels by 1.5ºC. We exceeded that last year. Reverting to the pre-industrial age is impossible. You’re an engineer; you know better. The sun rises in the east, but what it illuminates will continue to change.”

 . . . my response to round three:

OK, explanation accepted. I will only add that the “private” space programs are broadly under USG contract, direction, and supervision . . . at least for now.

Perhaps so . . . so you say. You see them as the same. I do not.

OK. So what are you proposing we do?

 . . . Round four:

“As far as what we do about climate change, we're probably past the prevention stage. Let's turn our attention to aiding those already harmed.”

 . . . my response to round four:

Perhaps so. Time shall tell the tale.

From your words, I read that the doomsday clock is inexorably ticking to our end of days, and any action to affect climate change positively is wasted effort. If accurate, that seems far more fatalistic than I think the situation warrants. I believe we must still ween ourselves off fossil fuels as soon as we can efficiently accomplish the task.

A related FYI: as an indicator of the difficulty in that task, my family is an example. I have tried repeatedly to switch to all-electric automobiles and install a solar power panel on the roof of our home. Half of us focuses on the negative, e.g., battery range & recharging time; the other half sees the positive with the negatives in the manageable category. So, we remain at loggerhead.

 

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

Cheers,

Cap                  :-)

Update no.1201

Update from the Sunland

No.1201

13.1.24 – 19.1.25

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

 

To all,

 

Thursday, 16.January.2025, was a big day for the commercial space biz. After several postponements for weather and mechanical problems, we had two significant launches on the same day.

 

Blue Origins New Glenn (NG-1) inaugural launch finally took flight on 16.January.2025, at 02:03 [R] EST (07:03 [Z] UTC) from Launch Complex 36 at Cape Canaveral Space Force Station. All seven New Glenn booster BE-4 engines ignited and performed nominally during ascent. The second stage separated, and both BE-3 vacuum engines lit off and propelled the second stage with its small payload into its planned elliptical orbit. The test payload was not planned to deploy, rather it had a number of communications tasks to enable future payload support operations. To my knowledge, after performing all its on-orbit tasks, the second stage was commanded to reenter the atmosphere, where it broke up and disintegrated rather than become more space junk. Blue Origins accomplished their primary mission. The booster performed its primary task and was planned to reenter the atmosphere and land on a barge ship in the Atlantic Ocean. The separation and initial reentry appeared nominal. However, at roughly 84,226 feet altitude and 4,285 mph, the telemetry data froze, which suggests communications were lost with the booster and in turn is a big clue that the vehicle may have experienced an inflight breakup in the final stages of its planned controlled landing on a recovery ship. What happened to the stage 1 booster reentry? We do not yet know other than the vehicle did not reach the landing ship platform and presumably impacted the Atlantic Ocean. There are numerous potential causes for the mishap. I expect the Blue Origins engineering team will determine the cause(s) and make appropriate design improvements.

 

SpaceX launched its Integrated Flight Test number 7 (IFT-7) [FYI: IFT should not be confused with Flight Termination System (FTS), an explosive charge to destroy the vehicle if it goes awry.] After several postponements, the IFT-7 stack (Booster 14 + Starship 33) ignited all 33 Raptor engines on the first stage booster at 16:37 [S] CST {22:37 [Z] UTC; 15:37 [T] MST}, on 16.January.2025. The weather at Boca Chica, Texas, was near perfect. The booster operated nominally to the hot separation of the Starship, and then it executed its reentry burn into the atmosphere. We watched the massive booster decelerate and maneuver to be captured by the chopsticks on the launch tower at Boca Chica. The booster flight and capture at the launch site was yet another magnificent demonstration of superb engineering, physics, and ingenuity. Unfortunately, the Starship did not fare so well. All six engines (three sea level and three vacuum engines) lit off properly at hot staging. The data downlink was lost during ascent at roughly T+8:30, 21,317 km/h and 146 kilometers altitude.

Indications reported by technical observers suggest that the vehicle experienced a liquid methane leak near the bottom of the craft that was ignited by the operating engines, causing a fire and eventually an explosion and disintegration of the spacecraft. Flickers of the flame were seen at the aft hinge or the right flap. The methane tank quantity began decreasing faster than normal consumption. The engines shutdown in sequence before the telemetry link failed. It is notable that Starship 33 was the first Block 2 version that incorporated numerous changes, presumably “improvements for production”—the bane of many a test program. The vehicle experienced a Rapid Unscheduled Disassembly (RUD) with debris observed falling into the ocean near the Turks & Caicos Islands. Commercial flights in the area were affected for a short time. Unverified reports of some debris landing on the islands with some damage and no injuries on the ground have not been validated yet.

As an interesting footnote: one second ring engine on the booster failed to light off during the retrograde burn after staging, but that particular engine did relight during the deceleration burn prior to landing.

 

On Friday, 17.January.2025, the U.S. Supreme Court issued a Per Curiam decision in the case of Tiktok Inc. v. Garland [604 U. S. ____ (2025)], affirming the government’s authority to block U.S. access to the TikTok if the application owner (ByteDance Ltd.) did not divest its U.S. application by 00:01 [R] EST, Sunday, 19.Jaunary.2025. The law in question was the Protecting Americans from Foreign Adversary Controlled Applications Act [Division H (138 Stat. 955) of PL 118-050; H.R.815; 138 Stat. 895]. TikTok challenged the law on First Amendment constitutional grounds. The Court rejected that challenge and rightly so.

TikTok is simply the soapbox at Debater’s Corner upon which the speaker stands to be heard. The speech on TikTok’s website is not TikTok’s speech. They enable the speech of their users, and those users have other similar platforms for their speech. The Court stated, “[W]e conclude that the challenged provisions [of the law] do not violate petitioners’ First Amendment rights.”

I am not and never have been a subscriber to TikTok. However, I have certainly watched countless videos uploaded to TikTok. I will miss those vidclips, but that is a small sacrifice to protect the United States from another conduit of PRC spying.

 

The Gaza Ceasefire was scheduled to begin at 08:30 [B] EEST, on Sunday, 19.January.2025. After some last-minute glitches, the ceasefire actually began at 11:15 [B] EEST. There are numerous obstacles still ahead, e.g., Gaza governances, emergency aid distribution, and of course the hostage releases. The first stage of hostage-prisoner exchanges as part of the new ceasefire began at 17:00 [B] EEST {10:00 [R] EST}. The plan calls for 33 Hamss hostages to be exchanged for 1,904 Palestinian prisoners and detainees. We now can only hope the ceasefire holds and peace will prevail. Somehow, the Israeli citizens must find a way to reign in the ultra-right conservative factions that wield such dominating influence in their nation. The Israelis are not alone in the need to for that task to be fulfilled.

 

Comments and contributions from Update no.1200:

“Good day Cap. My word you have been busier than ever-good work too. Can anything else be done to punish this man who’s name I cannot mention, not that I want to particularly? Surely he will face the law one day or is he now free to run the USA in his despicable carefree manner?”

My reply:

From my perspective, the opportunities to hold [the person who shall no longer be named] accountable for his crimes before, during and after his first tenure as POTUS are dwindling. Whether the classified documents and election interference (insurrection) cases might be resurrected when his second term as POTUS concludes will depend upon who is president and attorney general at the time. The MAGAts have already and repeatedly demonstrated their ambivalence and willingness to ignore his crimes in furtherance of their power ambitions. To be determined! Our history as a nation of laws and equal justice for all hangs in the balance, because what has happened to date is a few powerful people have been placed above the law, which is unstable and unsustainable. I do know that he will not be prosecuted for the next four years. Even if the Georgia election interference case is re-stimulated, the USG will likely argue the Supremacy Clause to delay any state prosecution until after his tenure as POTUS. That is perhaps a too-long response, but that is how I see things. His age hints that he might not survive the next four years, and his incapacity to stand trial for any reason would render any prosecution moot.

Given what I see so far, I suspect this version of [no name]’s unique chaos and disorder will be far worse than the first version. I truly hope not, but that is my prophecy.

 

Comment to the Blog:

“I’ll call that clown the Felon. Judge Merchan’s irrelevant mention of the misguided immunity doctrine doesn’t set aside the convictions even though it comes too close.

“Judge Cannon’s work is far more harmful (thus, immoral/unethical) than that of any sex worker who ever lived who wasn’t a spy. (Think Ghislaine Maxwell.) I’m interested in outside income or other such issues in Cannon’s case.

“I’ll call attention to the wildfires and other recent weather-related disasters. Failure to act strongly on climate change contributes to those. In the USA’s case, little will change until we address our government’s corruption.”

My response to the Blog:

Indeed, he is officially and in perpetuity a convicted felon. Yes, Judge Merchan’s inclusion of presidential limited immunity in his thinking on the business fraud case is absolutely wrong. He should have rejected the defense argument at the outset. He did not. Now, we have what we have. I suspect [no name] will appeal in his lame attempt to vacate the jury verdict. What that appeal might do is open the door for the appeals process to void Merchan’s sentence and impose a proper punishment. We shall see.

I am with you on the Cannon assessment. It is hard to ignore the blatant political bias in her rulings up to and including her blocking of the Smith report's public release. She might yet feel the heat from her paucity of judicial neutrality.

I shall not offer a rebuttal. I will only add that connecting the California wildfires with climate change is somewhat tenuous in my mind. Wildfires in California have been a potential since I was born and quite likely long before that moment. This latest conflagration was a conjunction of multiple factors. Regardless, I am all in favor of aggressive effort to stop, reverse, or lessen the effects of climate change.

 . . . Round two:

“There’s an argument that the Felon only ran again to escape legal consequences. That could throw a monkey wrench into predictions for the future. Also, he could plead age and infirmity to escape future sentencing. I have no sense that a given person or small group is guiding the new Presidency.

“The frequency and severity of wildfires in North America have increased greatly in the past decade. That’s a clue. Another is the more severe Santa Ana wind this year. If we seek final mathematical proof of anything, we do nothing about it.”

 . . . my response to round two:

I am a proponent of that precise hypothesis. My personal opinion . . . he never wanted to be president. He was never interested in being president. He only wanted the trappings of power, e.g., the world’s largest, most advanced, biz jet. That man is far, far, more interested in staying out of jail than he is with being president. He wants his ego stroked and fed, and after that, he wants to extend and expand his grift of We, the People. Frankly, I think he has been un-guide-able since he was a rebellious teenager. He has not changed since.

I appreciate your argument, and I certainly agree in part. The weather cycles. It always has . . . across millennia and across epochs. I have a long history of advocating for the weening of humanity off of fossil fuels. I remember the smog in LA decades ago; we cleaned that up (mostly). We largely removed ozone-destructive halocarbon compounds. I suppose I am just a little more cautious about radical change than others. Climate change is undeniable; we see the evidence as you pointed out. I am just apprehensive about cutting our nose off to spite our face. Lastly, we must vote; it is our duty; we must refuse to vote for climate change deniers.

 . . . Round three:

“This Felon resembles many others except in always having had large amounts of money.

“The climate does indeed cycle. The difference this time is a tenfold or more increase in speed. I’m not sure what you mean about ‘cutting our nose off to spite our face’. Our only planet is rapidly becoming unlivable for our species. As that continues, nothing else matters. President Carter had that insight long ago; the rest of us need to catch up.”

 . . . my response to round three:

Money has enabled an American form of royalty. The wealthy live under a different standard. Regardless of his money (or professed money), [no name] is a common felon. Unfortunately, 77M American citizens do not care; they want what they want.

What I mean is an allegorical version of “the power to tax is the power to destroy.” The issue is always balance, i.e., how do we avoid doing more damage than we help solve the problem? The “unlivable” threshold is farther away than your words suggest, and from my perspective, is more alarmist than helpful. Climate change is happening. The physical evidence is clear and unequivocal. What is more tenuous is the human inducement hypothesis. Regardless, as I repeatedly stated, we must ween ourselves off fossil fuels. The question is how fast?

 . . . Round four:

“The tipping point for the planet that scientists generally agreed on was 1.5 degrees Celsius above the pre-industrial temperature. Last year was 1.6 degrees above that. The ‘unlivable’ threshold has already been crossed in other parts of the world. Many of the more prosperous people in the temperate zones of the world haven't felt the full impact yet, unless they've had natural disasters locally. Nevertheless, climate change is current, not in the future. The wealth of shareholders won't save the rest of us.”

. . . my response to round four:

Good points . . . all. No argument. I am not to the doom & gloom stage just yet. There are myriad socio-political aspects and ramifications to the climate change issue. I only urge thoughtful caution.

 

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

Cheers,

Cap                  :-) 

Update no.1200

 Update from the Sunland

No.1200

6.1.24 – 12.1.25

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

 

To all,

 

The follow-up news items:

-- President-elect [no name] filed an emergency application for a stay of his sentencing in the New York business fraud felony case—People of New York v. Trump [NYSC, Cty of NY Indictment No. 71543/2023] [1107, 1168]. In addition to multiple delays at [no name]’s behest, the last stay application sought to delay sentencing until after his second term as president [2029]. On Thursday, the day before his often-delayed and scheduled sentencing, the U.S. Supreme Court issued its summary judgment regarding the stay application. They denied the request in a 5-4 decision—Trump v. New York [604 U.S. 24A666]. [Any guesses as to which justices would have granted the stay application?] The Court declared that [no name]’s challenge of the alleged evidentiary violations could be heard in the routine appeal process. Further, they stated that the sentencing action would offer only a minor burden on the president-elect. On Friday, Judge Merchan allowed [no name] to escape justice by rendering a sentence of “unconditional discharge,” meaning [no name] suffers no penalty whatsoever for his crimes—no prison, no fine, no probation, no parole, nothing. The judge’s action is one step short of vacating the jury’s verdict.

I had tried to avoid reading Judge Merchan’s reasoning for the “unconditional discharge” ruling but further resistance became futile. On 3.January.2025, Judge Merchan issued his Decision and Order regarding the “Defendant’s Motion to Dismiss the Indictment and Vacate the Jury’s Verdict.” The judge was kind and generous with his words of rejection to the defendant’s delay request. In his conclusion, Judge Merchan stated, “As such; in balancing the aforementioned considerations in conjunction with the underlying concerns of the Presidential immunity doctrine, a sentence of an unconditional discharge appears to be the most viable solution to ensure finality and allow Defendant to pursue his appellate options.” From my perspective, he offered woefully insufficient rationale or justification for his reaching that conclusion. As a consequence, I am left with the question, who got to Judge Merchan?

In the Supreme Court’s presidential immunity decision—Trump v. United States [603 U. S. 593 (2024)] [1173]—the Court concluded (and I quote exactly):

“The President enjoys no immunity for his unofficial acts, and not everything the President does is official. The President is not above the law. But Congress may not criminalize the President’s conduct in carrying out the responsibilities of the Executive Branch under the Constitution. And the system of separated powers designed by the Framers has always demanded an energetic, independent Executive. The President therefore may not be prosecuted for exercising his core constitutional powers, and he is entitled, at a minimum, to a presumptive immunity from prosecution for all his official acts. That immunity applies equally to all occupants of the Oval Office, regardless of politics, policy, or party.” (emphasis mine)

The key and operative words of the immunity ruling is “his official acts.” Neither Judge Merchan, nor other judges I have read so far, have addressed the “official acts” element of the Supreme’s directive. Now, that stated, the difficulty faced by judges (Merchan and others), especially in on-going cases, is the judicial determination of whether the defendant’s (perpetrator’s) criminal acts were within the domain of “his official acts”? No judge that I know of, including Merchan, has yet faced that essential finding. What bothers me immensely in [no name]’s business fraud felony case is none of the acts for which he was convicted were even remotely within even the most liberal interpretation of Section II of the U.S. Constitution. Some of the acts for which he was convicted occurred when he was a candidate, not president. He had NO immunity for what he did in the furtherance of his fraud. As such, I contend that consideration of or application of the Supreme Court’s Trump v. U.S. decision in the People of New York v. Trump case is wrong and should not have been given a breath of air, set aside the light of day. The sad reality is the Supreme Court’s immunity decision has absolutely nothing to do with the business fraud case. The Supreme’s ruling stated that the president had immunity from prosecution for action taken pursuant to the duties of the president. Judge Marchan addresses presidential immunity at length. However, he does NOT illuminate the essential feature of the Supreme Court’s immunity ruling—performing duties of the president. Were [no name]’s crimes part of his official duties?

The Defendant sought to extend presidential immunity to president-elect immunity. And, oh heck, if we have presidential-elect immunity, why not presidential-candidate immunity or thinking-about-running-for-president immunity. Since he wants us on that crooked road, let us just give immunity from criminal prosecution to everyone. Why not?

No one can say he is not audacious. However, that does not make him correct. Nothing in the business fraud case had anything to do with or even remotely associated with the duties of the Office of the President.

I do not have the disposition to be a judge or even a lawyer. At the very best, I am only an interested student of the law—the history, the evolution, and the language of the law. Judge Merchan (and all other judges) is not God, nor is he even a god. Like all other judges, he is a flawed human being chosen (appointed or elected) to sit as an arbiter of the law, to interpret the law as it applies to the facts in any particular case. He has done his duty. That said, I believe Judge Merchan showed far too much deference to [no name] who is just another citizen, which entitles him to no more nor less respect under the law. At the end of the day, as a result of his failure to address the “official duties” aspect of the Supreme Court’s immunity decision, he failed to fulfill his responsibility to ensure equal justice under the law. Regardless, it is now water under the bridge. We move on.

 

The gift that just keeps giving and giving.

Judge Aileen Mercedes Cannon, you may remember Judge Cannon, she was the one who dismissed the case against [no name] in the classified documents case because she determined that Special Counsel Jack Smith did not have the authority to prosecute the case. Anyway, the judge issued an injunction temporarily blocking the public release of the two-part Smith report—Part 1: the classified documents case [1117, 1175], and Part 2: the election interference case [1125]. She indicated the duration was the injunction was three days to preserve the “status quo” and allow the 11^thCircuit Court of Appeals to render judgement. Two days later, on Thursday, the 11^th Circuit denied the defendants’ motion without proffered rationale, but they left the stay in place to allow the defendants to further appeal to the Supreme Court. While we do not have any direct public evidence, it is my guess that [no name] will insist upon an appeal to the Supremes. We shall await their ruling.

Also, at the end of the week and not unexpectedly, Special Counsel Jack Smith resigned from the Justice Department, an unfortunate loss for We, the People.

An interesting footnote: [no name] has been removed from the defendants listing in the classified documents case, which is the basis of Cannon’s authority to issue a temporary injunction blocking release of the Smith report. Gee, I wonder who is paying all the lawyers for this appeal process?

 

Comments and contributions from Update no.1199:

Comment to the Blog:

“I support your essay on conservatives. Those who call themselves conservatives nowadays want privileges that haven’t legally existed for decades.

“The two attacks with pickup trucks on New Year’s Day don’t look alike. I see distinct differences in method, motivation, and symbolism. The New Orleans attacker planned to kill many people and used fairly typical terrorist methods, including a Ford truck. The Las Vegas bomber did little harm to others and used the striking symbolism of a Cybertruck in front of a Trump sign. Also, the Las Vegas bomber didn’t use the most destructive materials; he was setting up a photo rather than harming people. Any Special Forces soldier could do far more destruction. Their stated motivations differ as well, although the quotes I’ve seen from the Las Vegas bomber are less coherent.

“I’m ashamed that Judge Merchan yielded to the Chump (if that holds up).”

My response to the Blog:

That is certainly how contemporary American politics appears to me as well. I am beginning to view contemporary conservatism as a disease, an infection, a plague. I remember from my childhood being exposed to the John Birch Society via my father and having the distinct feeling “this is not right.” I have seen my political thinking as fiscally conservative, socially liberal. Then, American conservativism mutated into a more contemptible ideology (to me) during the Nixon administration. It is during that era that I became more intellectually aware of what I now call “moral projection” or social conservatism. It was in that time frame that I bolted from any semblance of that metamorphoses.

The object of my little ditty was “coincidences.” It was not an analysis of the two events. I am not disputing the FBIs preliminary assessment. I was only noting that there were far too many coincidences for my liking.

I would use stronger descriptors for Judge Merchan’s stance on the sentencing of [no name]. When the “unconditional discharge” term was publicly used in connection with sentencing for [no name]’s felony conviction, my immediate thought was, “Who got to Merchan?” I expect a written decision that I really want to read. I thought Ford’s pardon of Nixon was wrong (then and now). I see the whole dismantling of the prosecution and punishment of [no name] for his multitudinous federal and state crimes as far, far worse and ominous for the future of this once grand republic. I am deeply disturbed by the extent to which so many Americans have bought, consumed, and are now afflicted with the disease induced by that man’s worthless snake-oil elixir. He has planted seeds that will gestate long after he is dead and gone.

The thought has come to me more than a few times lately, I suppose I should just adopt the same apathetic attitude as far too many Americans did in the last election. “What, Me Worry?” As long as that man’s antics do not affect my remaining years of life, so what. He and his believers are a distant pestilence.

 . . . Round two:

“The FBI will continue to study the two attacks. The only resemblances I saw were the timing and the fact that both attackers had military backgrounds. I thought the timing is explained by how many people are afraid of this year. Military backgrounds are pretty common in terrorist attacks, too, so I look for other factors.

“Comparing the Chump’s civil and criminal outcomes to those of any ordinary American is a disturbing exercise.

“I’m not sure what thought you refer to about ‘apathetic attitudes.’ The Chump’s antics (and those of his inner circle) affect every American life every day.”

 . . . my response to round two:

Specific elements of either incident can be explained in speculation. Again, I was only reacting to the coincidences in the public facts of the two incidents. Yes, the FBI investigations continue and will do so for months, if not years. An interesting side note: I suspect the Las Vegas perpetrator had not considered the sturdiness of the cybertruck’s cargo bed. Further, I also suspect he expected far greater collateral damage than he actually achieved. But hey, that’s just my opinion and supposition.

OK. I can agree with that. I think it safe to say, he is above the law, not quite to the sovereign immunity associated with the divine right of kings, but about as close as we have ever come since the founding of the Republic. And worse, 77M citizens gave him that power.

We have disagreed about a citizen’s duty to vote, and I have no desire to rekindle that argument. I must confess that I do not feel any direct (or even indirect) effect on my life from [no name]’s shenanigans and his bilking of the American people. That may and perhaps likely will change as he presses his destruction. Sure, he is corroding the very fabric of the Republic, but frankly, I blame the 10M+ citizens who chose NOT to vote in the last election. As an accomplished con-man, [no name] simply capitalized on a tenuous coalition of ultra-right, social conservative, fascist, white nationalist, Christian right, et al factions that have existed in this country for decades. He sold 77M people his worthless snake-oil, and those citizens freely bought it and consumed that elixir.

 . . . Round three:

“The driver in the Las Vegas bombing was an active-duty Green Beret. Do you really think he didn’t know how to blow things up?

“Were you a minority in any way or living below the mean income, you’d have seen effects on your life from the Chump’s first term, which he plans to expand on. I’ll say again that it didn’t have to be this individual; some ‘leader’ would have arisen in the situation the oligarchs created, just as Hitler, Mussolini, or Netanyahu didn’t have to be that specific person.”

 . . . my response to round three:

I do not know if the Las Vegas perpetrator had training or experience with explosives. Just because he was a Green Beret does not mean he was accomplished with explosives. Second, my point was the strength of the cybertruck cargo bed. The explosion went up, not out.

Got me. You pegged me correctly. I am neither in a minority group nor is our income below the mean income level. I will not argue your point. I will only note that the U.S. Supreme Court has gone farther than any other institution to solidify the influence of the contemporary oligarchs with their abysmal Citizens United [558 U.S. 310 (2010)] [424] decision. We have gone through and survived other eras of oligarchs, e.g., the robber barons. The jury is still out whether we will survive this rendition.

 

Another contribution:

“We’re watching your former President Jimmy Carter’s funeral, he was good man and appreciated by many.

“And the fires raging in LA. These dates that are not for remembering.”

My reply:

Yes, he was a very good man, perhaps the most decent and respectable person to ever serve as president. For a long time, I listed Carter as the worst president for a host of reasons, not least of which was the gross interference in Operation EAGLE CLAW. I laud his initiative to attempt the rescue but wholly condemn what he and his SecDef did during the operation. A lot of good Americans died. I will say that his status on my list has changed. He was supplanted as the worst long ago by [no name].

The fires in LA are a genuine tragedy of gargantuan proportions. The outrageous MAGAts are pointing their crooked fingers at Governor Newsom, blaming him for the tragedy. It is disgusting.

Life goes on.

 

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

Cheers,

Cap                  :-)

Update no.1199

 Update from the Sunland

No.1199

30.12.24 – 5.1.25

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

 

To all,

 

Here is a quote that struck a chord with me, and perhaps, the words might be useful to others.

“Conservative is one who clings to something and does not want to see beyond that. It is a suicidal attitude because one thing is to take tradition into account to consider situations from the past but quite another is to be closed up inside a dogmatic box.”

-- Pope Francis I (60 Minutes interview with Nora O’Donnell, S57 Ep17)

I would say that Pope Francis drove the nail home in a single stroke. This is precisely why I abandoned conservatism decades ago. While we must understand the past, I cannot and will not live in the past. I choose to look ahead, not behind us. I do not want to preserve the way things were. Democracy is an ever-present challenge to improve, to make things better. Democracy as it stands today is and never will be good enough. I also espouse knowledge over ignorance. I condemn all efforts to hide history and the lessons learned that history provides us in some terribly lame effort to pretend history does not exist. The United States of America is not and never has been perfect. We have a long history of making tragic mistakes. One of those massive, incalculable mistakes was slavery and the unfortunate efforts to compromise and accommodate slavery (e.g., U.S. Constitution: Article 1, Section 2, Clause 3; Article 1, Section 9, Clause 1; and worst of all, Article IV, Section 2, Clause 3 [the Fugitive Slave Clause]). Our children, every single one of them, should (I will say MUST) learn and remember the tragedy that was slavery. We must remember the incalculable cost and consequences of our history, including the Nat Turner Rebellion [1831]—good, bad, or ugly. It is that reality that demands our children learn that history. Yes, it will make them feel uncomfortable, and it should do so. Conservatism, especially as advocated by the MAGAt bunch, seeks to live in the past and worse to ignore history. I will have none of it. Change is a necessary part of life and an essential element of any democracy. We cannot allow the so-called conservatives to pour concrete around our feet. We must improve. We must help the once-grand republic return to greatness by our humanity, not our muscle.

 

On New Year’s Day, 1.January.2025, at 03:15 [S] CST, a rented, white, Ford F-150 Lightning (all electric) pickup truck ran at comparatively high speed down Bourbon Street, New Orleans, Louisiana, killing 15 (so far) innocent people and injuring 35 others. At 08:39 [U] PST, a rented, silver, Tesla cybertruck exploded under the main entrance portico of Trump International Hotel Las Vegas. Only one person was killed. No one was injured, and very little damage was done to the hotel. The perpetrator ignited the explosives, fireworks, and flammable liquid in the cargo bed as he put a bullet through his head (presumably with a dead-man’s switch).

I am not and have been a fan or believer in coincidences. I know and acknowledge that they are possible, but to me, they are very rare.  In these two incidents, there are far too many “coincidences.” The FBI has publicly stated that they have found no link between these two events, and that may well be true; they have not found the links. That does not mean the links do not exist. Both events occurred on the same day, five hours apart, in widely different cities. Both used rented electric vehicles. Both involved military or former military perpetrators. Both perps died, one by his own hand and the other in a firefight with law enforcement. Both sought to inflict mass casualty attacks; one accomplished that objective, the other did not.

I do not want these two events to be linked. However, as I indicated, there are far too many “coincidences” for my liking. We will have to wait for the investigations to conclude.

 

On Friday, Judge Juan Merchan announced that the sentencing of [the person who shall no longer be named, AKA no name] will go ahead on the 10^th, ten days before his inauguration as our next POTUS. Further, he will sentence the convicted felon to “unconditional discharge.” I confess that I was not familiar with the legal term. As I eventually learned, “unconditional discharge” means his conviction by a jury of his peers [1168] stands for the record, but he will be released from any duty, obligation, probation, prison, or any other conditions.

If we ever needed an example that “Equal Justice under the Law” is a mythical ideal far distant from our reach or reality, this is the perfect such case. He faced up to four years in prison for his crimes. I would have accepted him spending a few months in prison at least and being on probation for four years. But once again, he has escaped justice for his crimes. He incited an insurrection against the duly elected federal government, and 77M citizens absolved him of his crime.

The lesson learned from this sordid reality is, if you are going to break the law, do so in such a grand fashion that you can escape justice like [no name]. Like it or not, we must acknowledge that he is the consummate con-man. I do not know any other criminal who has repeatedly defied justice and gotten away with it.

Just because it is my nature, I point to another historic slippery criminal. Adolf Hitler incited insurrection against the established government in Germany [143; 9.11.1923], but he was not as good (or slippery) as [no name]. Hitler at least spent nine months in prison for his crime (incitement to insurrection). As we know from history, Hitler went on to be elected and installed as chancellor; he cemented his dictatorship by dubious (legal appearing) means and used his position to commit far more heinous crimes. Hitler also defied justice by taking his own life (and the life of his mistress and new wife).

At the end of the day, [no name] is and will remain for history a convicted felon regardless of his sentence.

 

The U.S. Surgeon General announced that there is a link between alcohol consumption and certain types of cancer. I say, No sh*t! [Pardon my French.] The reality is anything can be toxic—too much oxygen, too much water, too much food, too much of anything. The key for the consumption of any substance is moderation. Some substances have a higher threshold than others, but the threshold is always out there.

I certainly understand that some folks hold very strong objections to alcohol consumption in any form. Objection is the right of every citizen. Where objection goes sideways occurs when individuals attempt to impose their choices on other citizens, e.g., Prohibition. I have no problem with an appropriate warning label like cigarettes. Freedom of choice must remain with We, the People.

 

Comments and contributions from Update no.1198:

“I’ll note the passing of President Carter, who proved that DC can’t cope with decency. He was the most honorable person ever to be President.

“The Chump’s mind strays further and further from reality. Some on the left suggest that Vance et al. will use the 25^thAmendment to get him out of the way.

“The Azerbaijan Airline attack continues a Russian government trait dating back to the Czars. This one could indicate that more former Soviets are turning against Moscow—or cause that.

“I can clarify what I see in the CEO homicide via the ‘trolley problem’ in philosophy. It boils down to the moral question of whether to sacrifice one life to save many others.”

My response:

Happy New Year!

Well said. Jimmy Carter was certainly an honorable man. He set a fine example of what it means to live a life of service. While honorable is an important trait for any president. Honorable does not by itself enable a good presidency.

Perhaps they will use the provisions of the 25^th Amendment at some point. But, I do not see that happening anytime soon. [No name] has been very far from reality for a very long time, but 77M American citizens voted for him and that was enough for him to be president. We must persevere for however long he serves as POTUS. Perhaps this ordeal will inspire more citizens to take their precious vote more seriously.

Perhaps so! It is difficult to see inside Russia.

You may well be correct. So, I suppose the ends justifies the means. How are we to decide what ends justify such extreme means? Can a conservative assassinate a medical doctor who cares for a woman in need? Can a dictator kill thousands in his lame attempt to reconstitute a dominance of the past? Can a cotton plantation owner utilize slave labor because he is convinced of his moral superiority? Where does it end? Who decides what is righteous and what is not?

 . . . follow-up comment:

“Remember Chump’s voters are chum, but his inner circle are sharks. If the Chump doesn't feed their individual goals of wealth and power, they’ll discard him like fish bones.

“Putin’s reign controls the news, but indicators leak out that the regime has the usual problems of brutal dictatorships. One is that assumed allies often reach a parting with the brutal one.

“I see no point in the ‘slippery slope’ discussion here, and I seek knowledge rather than moral judgment. The number of lives lost to healthcare insurance explains the public response to the shooting of that CEO. Historical knowledge shows that this type of incident sometimes sparks dramatic change.”

 . . . my follow-up response:

Oh, I remember! We shall bear witness to how this plays out.

As all dictators do! They exhibit a sense of insecurity often manifested in brutal oppression.

Very well. So be it. Is not moral judgment the seeking of knowledge? I am and will remain an unwavering advocate for knowledge over ignorance. I suppose we should be prepared for more “ends justify the means” events as one disgruntled citizen decides violence is the only way. Perhaps we will learn how the perpetrator was directly affected by the victim. At this moment, it appears to me that the victim was simply a convenient target of opportunity rather than the root cause of the perpetrator’s anger. The trial will be interesting.

 

Another contribution:

“My God that was a complex discussion you had there much of which was beyond my comprehension possibly as we live a long way east of yourself.”

My reply:

I am afraid these are the times in which we live, my friend. [The person who shall no longer be named] is going to give us nothing but chaos and complexity. We must endure.

 . . . follow-up comment:

“Yes Cap-I almost said ‘it’s no business of mine’ but I now believe it is. I for one of many this side are not looking forward to his style of leadership. Yes of course we must all endure and survive-we will.”

 . . . my follow-up reply:

If [no name] had been elected mayor of a rural village in Nebraska, your first inclination probably would have been correct. However, he was not a mayor; he was elected to be president of the United States of America. His conduct, behavior, and peculiarities will quite likely affect many others far beyond our borders. As one of our longest and best allies, Great Britain will likely suffer the consequences of his regime more than most others. So, yes, I believe his regime is your business. I would imagine there are MAGAt-equivalents in the UK, just as there were devout fascists in Great Britain in the 1930s, not least of whom was the Duke of Windsor. [No name] is just another rendition of the ultra-right people within all our societies. He represents the American version. We must deal with them all accordingly. I find nothing even remotely beneficial or redeeming about that con-man, and stated bluntly, he is the closest to the anti-Christ we have witnessed in our lifetime. We shall overcome.

 

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

Cheers,

Cap                  :-)