visual, and a song to play

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NOTES:

Jewish criminals, as opposed to Jews not even accused of any specific crime, had a very high survival rate in Auschwitz, the world’s first mechanized death camp that was also a  massive slave labor camp.   Bayer was one of several German corporations that rented prisoners from the SS for $1 a day.  

“The leader’s word has the force of law.”  In the case of the Third Reich, that leader was an insane mass murderer who committed suicide after ranting that all Germans deserved death because they had failed him.   We also have to do something about this principle here in the United States, the shit really has gotten out of hand.

Forget all that, I just liked the way these images look.   Take out your tenor ukulele and play this beautiful hymn, popularized by Cat Stevens, a beloved star of the late sixties who, years after his conversion to Islam, was put on the NO FLY LIST by Bush and Cheney.    The tune is lovely and not terribly hard to master (the red notes are selected melody notes to keep you on track).  Remember it’s in 3/4, like a waltz without the oom-pah-pah.   You should play it in good health, as my grandmother used to say.

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Look Away at Your Peril, Citizens

Terrible things happen regularly in our world, under the heading of “man’s inhumanity to man.”   At any given time one group of humans are catching hell from another.  For example, in 1921, a group of angry men in Tulsa, Oklahoma decided it was an intolerable outrage that another group of men, men who didn’t look like them, were prosperous while they themselves were struggling economically.   They went on a full-scale rampage, burning down a large section of Tulsa and killing an untold number of the other, hated, ethnic group.  After the pogrom, the survivors of that orgy of destruction, their former fine homes in ruins, were herded into an outdoor holding camp, presumably for their own protection from the still murderous mob.  

We don’t hear much about this particular racist massacre by a group of men who honestly believed they were superior to the people they were slaughtering, and fully justified in their violent actions.  Next year, when the centenary of the massive Tulsa Pogrom comes around, this particular little known slaughter will be placed before the public again. as if for the first time.

We can observe the sickening echoes of history, the sequences of unfolding events that “rhyme” with the most troubling episodes of the past.   We can see a familiar progression before every outpouring of mass rage:  legitimate grievance, harnessed and enflamed by finger-pointing demagogues, an “other” vilified (often as rapists and child murderers) and then, after sufficient time for this malignant brew to fully ferment, the chants begin, torches are lifted, men with guns ride to the rescue, the villains are brought to “justice,” swiftly, violently, without regard to the ordinary niceties for determining guilt or innocence.

It is a human instinct to look away from this kind of horror.   The impulse is understandable, even if it can also be fatal.   Historical comparisons are always slippery, often used to advance supremely idiotic arguments.   Certain things, however, always follow the same pattern.   In times of vast economic insecurity, for example, when massive transnational corporations employ armies of the world’s poorest, at slave wages, to maximize their profit margin, it is predictable that masses of their former decently paid workers, now without the prospect of employment for a fair wage, will rightfully feel betrayed and angry.  Angry people look for somebody to blame.  Demagogues direct their righteous rage towards some historically powerless group, the scoundrels who are to blame for this savage injustice.

It is predictable that when hundred year killer storms become the norm, instead of rare exceptions to the natural order — despite the robust right wing cries of hoax, fraud, lies, hysterical liberal alarmism — people affected by the storms will feel enormous desperation.  Every news report of a deadly tornado in an area that had never seen one, earthquakes in areas that had never had them, another large city flooded by a killer hurricane, landslides, wild fires, drought, rising sea levels causing floods … increases anxiety.  

It’s impossible to fully quell the thought, with the regular front page news of these now frequent natural disasters, that maybe this increasing natural destruction is not all a Chinese hoax invented by evil job-killing enemies who want to destroy our freedom.   The awful thought that maybe a hundred years of man’s wanton pollution has caused this scary change of the climate will creep in from time to time, especially after your own home is destroyed by an aggrieved Mother Nature.

Look away if you must.  Politics has become an ugly blood sport, the instinct to look away is stronger than it’s ever been, by deliberate design of the game.   As you turn your gaze inward to your own life, and making it as good as you can, in spite of the horrors around you, understand that only one side in the tribal wars has been actively and energetically organizing and preparing for this war for decades.  

Right now that side is winning bigly, while the other side cowers, afraid, torn by debate, many of its would be advocates turning away from “politics” and clinging to the things in life that make them feel most comfortable as the terrible rhymes of the worst episodes of history are jangling like ominous, maddeningly loud wind chimes agitated by a killing breeze.

Here in America only one side of our political divide, the extreme right, has organized a methodical long game to “right the scales” in the culture war.   One party now embraces views that, forty years ago, were the unthinkably paranoid, self-interested (and, frankly, racist) magical thinking of extreme fringe fanatics like The John Birch Society  [1].   The well-funded, smartly engineered campaign that created and funded influential “think tanks” to intellectually argue for their preferred public policies and shape national debate, endowed chairs at hundreds of universities for professors who espouse their liberty-loving views, founded, and funded, an influential national society of ambitious young lawyers and law students to ideologically indoctrinate and promote, through a fellow-traveler career ladder, future federal judges who will act as one to advance their agenda, given a case with the wiggle room to do so, funding national “grassroots” campaigns that appear on television to give the appearance of a massive, spontaneous public outcry, really has no analogue on the left. 

The protection of vast financial privilege, inequalities of wealth and grotesquely unequal chances for life or dignity, has long been the project of the privileged.  There is nothing mysterious about this; you or I, if we were cynics, would probably do the same, under these conditions.   If you stand to inherit a billion dollars from the family trust, and the government seeks to claim half of that in a punitive Death Tax, you will donate however many millions you are required to kick in for the cause of keeping it all.

Liberty, in fact, according to this orthodoxy, demands that the government not be allowed to coerce its citizens or unfairly confiscate the rightful property of  citizens.    An army of desperate poor people will be assembled to stand on the mall in Washington D.C. and every other major city and, in one voice, rail against this vicious government intrusion on human freedom!   Give ’em each fifty bucks and a free lunch, pay an additional ten if they make their own signs.   Why not?   That’s democracy in action, after all.   USA!  USA!!!!

The radical right has played a clever long game, learning from its mistakes, tweaking the program like a skilled engineer does to fix bugs in it.  It doesn’t hurt that they have unlimited money to deploy in sustaining their ever more effective long game.  Every beneficiary of the tangible privileges accorded to wealthy followers of the ideology will gladly kick in to advance the agenda for her own children and the children of her children’s children.   This is simply human nature, which you are free to judge, but powerless to do anything about.  

On the progressive side, historically, and presently, we tend to argue from entrenched positions — incremental change advocates (the practical art of the possible) versus institutional change advocates (justice delayed is justice denied).  We have moderates, urging us to not attempt to frontally attack long-time institutional injustices.   We have liberals, telling us that certain intolerable social evils should be reformed, must be reformed, to the extent possible in our divided political culture,  but that it may take a generation or two, or perhaps, as our recent history shows, a century or more.  

We have a few public radicals on the organized left, pointing out, correctly in my view, that the long slide toward autocracy (and bear in mind, the wealthy architects of the right wing revolution, in their hearts, prize their own liberty to be free of social coercion of any kind above everything else– autocracy for all!) cannot be countered with half measures.  We are fighting unscrupulous reactionary radicals, controlling untold wealth, who are busily spending to entrench themselves in permanent power, and only an equal and opposing energy, organizing and willingness to fight can make any difference.

The dilemma in a nation trained from birth to be pliant consumers — if you are appalled by the rapid advance of an extreme right wing agenda, there is really no place you can visit today, and directly participate to fight, that compares to any of the effective and massively well-funded one-stop shops of the formerly radical right.   If you are a young Libertarian, there is an easily findable career network and ready funding, from a variety of sources, for your liberty-enhancing ideas and a group of likeminded idealists ready to welcome you to their ranks.   Young leftists?  Good luck to you finding an organization to work with, finding people to organize, strategize and march with, in your city or town.

So, to the traumatized people of good conscience I know, I understand 100% your revulsion, and the reason you turn away from the ugly spectacle as our nation drops even the pretense of democracy.   It is painful and scary to witness, and a feeling of helpless anger is difficult to sit with.   There are wonderful entertainments to take our minds off this unsettling state of affairs, a host of diverting and excellent, healthy things to do– rather than watch in horror as the dark clouds of autocracy blot out all hopes of the light ever returning.   I get it, absolutely.   

And I will do my best to console you, sickeningly insistent realist (or unhinged, overwrought imaginer) that I am, in the cattle car, on our trip toward the relocation center.   At that point it will be senselessly cruel to remind anyone that all evil needs to flourish is for people of good conscience to look away, to do nothing.   How were you to really know how bad it was actually getting?   The New York Times was not freaking out, that much.

And, more to the point, it is not as if it was our children, or the children of anyone we know, who were snatched from their mothers’ arms and lost in a system of cages spread across many states, in the name of enthusiastically chanting crowds, for the profit of politically connected entrepreneurs who, flushed with a love of liberty, increased their bottom line bigly with government contracts to house these miserable sons and daughters of rapists and drug dealers.  

Do you think that on our way to the retraining center I would be crass enough to reproach anyone for their natural turning away from horror?   Not at all.   You won’t hear a word of reproach from me.  Why would you?

 

[1]  One of these wingnuts, the wildly influential, opiate-addled Rush Limbaugh, was decorated with the nation’s highest medal for a civilian, the Presidential Medal of Freedom, hung around his neck by First Lady Melania.   Why not?   Rush was one of the pioneers of this brutal new politics, and one of the most successful promoters of ideas previously considered too insane to publicly advocate.  Without Limbaugh, you don’t get to Trump.   A grateful president acknowledges his debt, without getting too close to Rush, whose late stage cancer might be contagious, after all.  Wind farms also produce cancer, a shit ton of cancer, people are saying.  You can’t be too careful, if you want to live to see the full ripening of your movement towards absolute liberty from government coercion.

This will come as no surprise

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Hannah Arendt writes, in her masterpiece Eichmann in Jerusalem:

…there had existed two categories of Jews in the camps, the so-called “transport Jews” (Transportjuden), who made up the bulk of the population and who had never committed an offense, even in the eyes of the Nazis, and the Jews “in protective custody” (Schutzhaftjuden), who had been sent to German concentration camps for some transgression and who, under the totalitarian principle of directing the full terror of the regime against the “innocents,” were considerably better off than the others, even when they were shipped to the East in order to make the concentration camps in the Reich judenrein [“free of Jews” — ed.].    (In the words of Mrs. Raja Kagan, an excellent witness on Auschwitz, it was “the great paradox of Auschwitz.  Those caught committing a criminal offense were treated better than the others.”  They were not subject to the selection and, as a rule, they survived.)   [1] 

Think about any fundamentally lawless regime, ruled by a dictator, using terror, the threat of certain, merciless, violent reprisal, to enforce its absolute will in the face of potential resistance.   These regimes conduct one-sided unappealable show “trials” without witnesses or evidence, where loyalists take oaths in vain and vote on straight party lines to endorse their leader’s abuses of power and obstruction of justice.   These trials can also be used to publicly humiliate, convict and eliminate all enemies, real or percieved.   

In totalitarian societies actual criminals are often regarded as a lawless (outside of the leader’s will, which has the force of law) regime’s bold and beautiful, rewarded as men worthy of respect because they take what they want, rejecting weak, liberal social constraints, and the restraints of liberal “conscience” on their great appetites.  Criminals are the natural aristocrats of a totalitarian society, as long as their crimes remain above politics, or are committed in the service of the leader.  Punishment is for the weak and the timid, for the millions and millions of cowering losers who, even momentarily, seem to refuse to obey blindly.  They must all be made examples of!

Here’s another angry Jew, Eli Valley, a fine artist with brilliant brushwork, and a wicked sense of humor,  making a related point that some will find overwrought.   We who read history somberly, taking careful notes, never dismiss the murderous power of an angry crowd whose passions are stoked by a master of enflaming grievance and rage.  There are many, many, many examples of irrational appeals to fear, resentment and rage resulting in mass murder. 

Of course, even though it’s happened here many times, more times than most of us are aware of,  it can’t happen here.  Of course, of course!

 

 

[1] Eichmann in Jerusalem: A Report on the Banality of Evil, Hannah Arendt, (c) 1963-64   Penguin Classics edition,    p. 214

 

Lest we forget Mr. Trump’s greatest achievement

Fairness demands that I point out that Mr. Trump and his billionaire son-in-law, Mr. Kushner,  have done what nobody in history has come close to doing.   They brought peace to the Middle East by brokering a historic peace deal between the eternally complaining Palestinians and our great democratic allies in Israel.   

Don’t take it from me, here’s Jared Kushner, author of the detailed eighty page plan that solved an explosive and long-festering problem that has generally been considered insoluble.   Jared summarizes his delicate diplomatic work in ten seconds or less HERE.

Our democratic institutions remain as strong as our booming economy

And the natural world has never been a less polluted, safer, more sustainable and harmonious place for all living creatures.

Now that the president has been solidly acquitted of Abuse of Power (no such high crime specified in the Constitution, losers) and Obstruction of Congress (the traitors don’t have the votes to make me obey their so-called “subpoenas”, losers) he is bringing the country back together again.   

About the acts that led up to his impeachment, a hoax he is now trying to have “expunged” from history– he has been completely and totally vindicated.  Any U.S. president, including Trump, can now comfortably do things like withholding military aid to an ally for three months, as they are under attack by a bellicose neighbor,  as leverage to exact a personal political favor– as long as he TRULY, HONESTLY AND SINCERELY BELIEVES HE IS DOING IT IN THE BEST INTERESTS OF THE U.S.A.  He can hide the records of his long campaign to pressure that ally without any consequences whatsoever.  He can have his loyal party vote on acquittal after a trial without hearing any witnesses or seeing any new evidence.  Fair is fair, and it’s always good to have the rules clarified.

To show he understands his impeachment far better than all the wise-ass, well-spoken “lawyers” who tried to make the totally bogus “legal” case against him, he reached down deep for some of his best words:

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In a rare bit of eccentric copy editing, the New York Times quoted the eloquent, often uneditable, president on the rumor that he plans to replace loyal Mick Mulvaney, Koch-funded Tea Party zealot, as acting chief of staff.  Mark Meadows, another Trump loyalist, has been traveling with the president to campaign events, leading to speculation about the change.   Here is the Times, quoting the ever-quotable most powerful man in the world, to somewhat odd effect:

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A great false relationship with Mark Meadows?   Not hard to believe, I suppose.  Everything is a self-interested transaction to the greatest president in American history.   Ask any of his wives [1] or children, or members of his own party who dare to oppose any detail of his rule, or anyone of the countless “losers” he has ever exacted vengeance on for the ultimate crime of “disloyalty”.   Loyalty to this man is a one way street.   

That street is paved with fake gold and leads directly to the ever-angry childish ego of the most powerful man in the world.  It is a street where that man could shoot somebody in the face, according to him and his own lawyers, with no consequence to him — particularly if he sincerely believes he is executing a sick and dangerous criminal traitor who desperately needs to die.

Ah, you’re better off watching this, which I pasted in here accidentally:

 

[1]   One lurid example:

The punitive prenuptial agreement between Donald and Ivanka, The Donald’s first wife, was written by none other than Roy Cohn himself.  Cohn, one of the most evil men who ever exerted undue influence in America, a self-hating gay homophobe who specialized in persecuting his enemies, using, among his most powerful tools, long-cultivated contacts in the press to rapidly spread lies advantageous to his clients, was Trump’s role model.  Cohn died of AIDS he claimed was cancer, disbarred and under criminal indictment at the time of his death.  Trump, who values loyalty above all else,  turned his back on his long-time mentor as Cohn was dying.

When Trump’s original AG Jeff Sessions did the wrong thing (in Trump’s eyes), by following DOJ ethics lawyers’ solid legal advice about recusing himself from an investigation he’d already lied about under oath, Trump, after grunting “I’m fucked!” immediately attacked Sessions for not protecting him like “Roy Cohn”.   “Where’s my Roy Cohn?” he cried out in anguish at the betrayal by DOJ “ethics” weasels who worked for him, seeking the protection of his mythical unconvicted criminal and unrepentant criminal fixer.  Bagpiper Bill Barr stepped forward to give the president such snug, cozy protection it would have given Roy Cohn an erection.   

What to do if your ACA health insurance is illegally terminated

If your insurance company terminates your insurance, claiming you missed a once a year ten-day “grace period”  for payment, go to this site and make an immediate on-line consumer complaint.   The complaint at this agency restored my illegally terminated health care in two business days.   The New York State Department of Financial Services (yeah, I know) now, finally, does the consumer protections functions of the abolished (in 2011) Department of Insurance.  The NYSDFS does what the Attorney General cannot do.  (I know…)

Here are the numbers of two offices in New York City that were enormously helpful while I was trying to have the illegal decision terminating my insurance overturned:

For immediate support, and solid advice during this illegal termination, contact the New York City Human Resources Administration, Department of Health, Public Engagement Unit (212-331-6266  M-Th  9am-8pm  Fri til 6:30).   Alexa at this office urged me to file the NYS Department of Financial Services’s on-line consumer complaint form.  She also assured me, 100%, that the unappealable corporate decision to terminate my insurance without notice would be reversed, which it was.  Bless her.

In addition to excellent and knowledgable support they will direct you to New York City’s new  program, NYC Care.  It  provides an extensive safety net for low-income individuals who lose access to affordable health care.   This wonderful pilot program can save a lot of lives, because it provides for low cost doctor visits long before a too late, ER diagnosis of a fatal stage of a once treatable disease.  This compassionate, life-saving program should be well-known by all New Yorkers and well-publicized until it is.   

NYC Care has a helpline at 646-NYC-CARE (692-2273).  The program is only active in the Bronx, so far, but if you go to any public hospital (Bellvue, Harlem Hospital, Jacobi, Lincoln, Montefiore and others)  you can enroll, at the Financial Planning or Business Office of that hospital, in the low-cost, pay-as-you-go “Options Program”.   

 

Mitch, Lindsey and Bolton did nothing wrong!

Any indignation about the processes and procedures involved in “exonerating” our serially “exonerated” president, a blameless man however you slice it, is written off as “Trump Derangement Syndrome”  [1].  This syndrome is the same one performed by a childhood bully who uses the victim’s own hand to smack the victim with while saying, with feigned concern, “why do you keep hitting yourself, are you deranged?”  It is also a witty variation on “Bush Derangement Syndrome”, the wild attacks made by angry liberals on history’s second greatest president, George W. Bush.   

While some Americans would consider the open collusion between Republican Senators and the impeached president’s legal defense team, publicly announced by the Majority Leader on the eve of the impeachment trial, another successful chapter of an impressively detailed book of Obstruction of Justice by an innovatively brazen and lawless administration, we can safely dismiss that belief as a symptom of “Trump Derangement Syndrome.”

At the risk of expressing a bit more of this serious emotional disease:

Mitch McConnell and Lindsey Graham, two of the president’s most passionate supporters, declared up front that they’d work closely with the president’s defense team and do whatever was necessary to quickly acquit the president after an expedited trial pursuant to baseless partisan accusations based on no direct evidence.  Mitch and Lindsey further stipulated, before the trial, that  previously blocked witnesses and previously withheld evidence would probably not be allowed at the trial.  What would the point be, if the goal is to quickly acquit their leader?   

This is kind of arrangement is generally called “collusion” or “conspiracy to obstruct justice”.  A trial without firsthand fact witnesses or documentary evidence  is usually called a “show trial” and has traditionally been allowed only in dictatorships or theocracies.   Before officially assuming their special roles as impartial jurors (the law stipulates that jurors must be free of obvious bias), Mitch and Lindsey (and their 51 Republican co-conspirators) took an oath,  administered by the impartial Chief Justice of the Supreme Court, solemnly swearing to listen to all evidence and render an impartial judgment based only on that evidence.  Hence, the banning of any and all potentially damaging evidence at the trial.  No harm, no foul, no evidence to ignore, no possible jury bias!

Mitch and Lindsey (and fifty other Republican Senators) did nothing wrong, their apologists will say.    If they had, they’d have been arrested and prosecuted for perjury, the “argument” goes, since we are, as we’re often reminded,  a nation of laws.   As it was argued by the president’s lawyers during the impeachment “trial”– Obstruction of Congress is not a crime, particularly when members of Congress participate willingly in the so-called obstruction.  Taking a false oath is no crime for a Senator, nor is it an ethical matter — except between the taker of the false oath and the God they swear to.  Only an actual provable federal crime, which the president himself cannot be indicted for (or even investigated for) while in office, rises to the level of an impeachable, or even censurable, offense in the United States of Trump.

John Bolton has long been a raging asshole who loves the projection of American power through war.   He has argued for years that the U.S. must destroy Iran.   During the time he was Trump’s national security advisor he was seen as more hawkish that the impulsive  Transactionalist-in- Chief, The Artist of the Deal, Mr. No Quid Pro Quo Why Not Quid Pro Quo? himself.   Bolton was fired by Trump, Trump says now, on September 10, 2019, day 83 of the “hold” on military aid to Ukraine, the day before Trump finally allowed the aid to be released.  Bolton and Trump apparently had serious policy disagreements, one being the illegal hold on military aid to Ukraine.   Bolton seems to have finally won that argument, hence his firing the day before the shakedown on Ukraine was ended by releasing the aid.  Bolton claims to have resigned.   Flip a coin to decide which of these unimpeachable public servants is lying.

In a case of having your cake and eating it too, Bolton after refusing to appear in the House Impeachment Inquiry, publicly offered, if subpoenaed (LOL!), to testify in the Senate during the trial itself.  This was great publicity for sales of his soon to be released tell-all book about his time as National Security Adviser to Trump and a safe bet for Bolton.   He had little worry about anyone actually sending him a subpoena for a trial without witnesses and could appear to finally be doing the principled thing, the correct and patriotic thing, without risking book sales or spoiling the dramatic revelations of wrongdoing set forth in the soon-to-be bestseller. 

In refusing to testify in the House, Bolton lawyered up to wait for the court’s permission to testify over the objections of his former employer who was asserting a blanket privilege to block any testimony that could incriminate him.  Presumably this was a byzantine new, Bill Barr-inspired variation of the famous Fifth Amendment right against self-incrimination.   

It will require a precedent shattering 5-4 partisan Supreme Court precedent to uphold a president’s right to obstruct an impeachment by any means at his disposal.    Much more limited claims of presidential immunity were made by Nixon and Clinton [2] as their impeachment inquiries proceeded.  Only Nixon’s executive privilege to withhold evidence claims reached the Supreme Court, where they were unanimously denied in a precedent that stands until today.  

No matter, John Bolton did nothing wrong, that is, nothing illegal.   Mitch and Lindsey are cool too, the same way.   These are honorable men we are talking about.  And we all know what they say about honorable men.

 

 

[1]  A paroxysm of Trump Derangement Syndrome:

The last few weeks have featured contradictory, largely incoherent “arguments” about why Abuse of Power is no vice– the Founding Fathers liked it just fine, they liked it so well that they never specifically made it an impeachable offense, by deliberate design.   If they had meant to ban it, obviously, they’d have used those exact words “Abuse of Power” and only those words, clearly, because that’s how they rolled (see, e.g.. the clear and unambiguous language of the Second Amendment — “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” ).   As for an unprecedented claim of  absolute presidential immunity and unlimited powers to  obstruct all testimony and evidence that could tend to incriminate him as corrupt, including in any of the several ongoing legal actions into Trump’s secret, shady financial entanglements droning on, even as the impeached president actively and openly colluded with his 53-47 Senate majority to further obstruct justice and grrrrr… grrr… grrrr!  At least we had blessed silence from fucking Bagpiper Bill Barr during that time… along with the wall of silence from Mike Pompeo, Mick Mulvaney, Mike Pence, Rudy, etc.

 

[2]  Wikipedia:

In 1998, President Bill Clinton became the first president since Nixon to assert executive privilege and lose in court, when a federal judge ruled that Clinton aides could be called to testify in the Lewinsky scandal.[15]

Later, Clinton exercised a form of negotiated executive privilege when he agreed to testify before the grand jury called by Independent Counsel Kenneth Starr only after negotiating the terms under which he would appear. Declaring that “absolutely no one is above the law”, Starr said such a privilege “must give way” and evidence “must be turned over” to prosecutors if it is relevant to an investigation.

Note: Ken Starr, as Trump’s lawyer, confidently asserted exactly the opposite.

Happy Ending Story

So, I’m sitting at my kitchen table around 9 pm watching something on the computer and a smoke alarm goes off, either in the apartment upstairs or next door.   It sounds like the low battery warning.   The beep is very loud, designed to get attention, its pitch calibrated to make it impossible to ignore, it is keeping a very irritating beat, relentlessly.   It continues for several long, lengthening minutes.  I think, oh, shit, the low battery warning went off  upstairs and nobody’s home, it’s going to be a long, long night.   Finally I hear footsteps overhead and go out into the hallway.

It appears to be coming from the apartment of my next door neighbor, an elderly woman who always smiles graciously when we meet in the hall.   She comes to the door in her nightgown, after I identify myself, pointing to my door as I look at the peephole and try to think of the Spanish word for neighbor.   She tells me, in Spanish, with an apologetic tone, that she speaks no English.  I  point up to the smoke alarm, tell her I will fix it.   I climb on a kitchen chair, remove the alarm from its bracket, turn off the noise.   She thanks me after I put it back up, after I put the kitchen chair back in her immaculate kitchen, thanks me again as I leave her apartment.  I smile and wish her good night, thinking afterwards how easily I could have said “de nada”.   

We have been living next door to each other for so many years, in this largely Dominican neighborhood.   How is it I don’t know enough Spanish to speak to her in her own language?

Taking Concerted Action in a Budding Autocracy

Once you remove the last legal restraints on a lawless person, the results are easy to predict.  

I’m haunted by the image of Mr. Hitler, already the dictator of Germany for a year and a half, finally sending the Gestapo out to liquidate his enemies in “The Night of the Long Knives”.   Everyone on Mr. Hitler’s voluminous enemies list was murdered that night, June 30, 1934, including a nationally known ultra-conservative politician and decorated German general named Kurt von Schleicher.  He was shot seven times while sitting at his desk, his wife was also killed; a year later Schleicher’s cook, the only eye witness to the shooting, mysteriously drowned. 

The killing of Schleicher was sold the next morning as an act of self-defense by the men sent to take Schleicher into custody for treason.  The Nazi story in the Nazi-controlled mass media was that they’d shot the accused traitor when he resisted arrest by opening fire on them, as desperate, insane traitors often do.  Two weeks later Mr. Hitler could nonchalantly drop the lie during a Reichstag speech and simply tell the nation: “I had Schleicher shot.”  

Even though “jobs are booming, incomes are soaring, poverty is plummeting, crime is falling, confidence is surging and our country is thriving and highly respected again” I am feeling unaccountably uneasy.  I keep thinking of what our infallible leader tweeted right after Mueller’s investigation “completely and totally exonerated” the man about whose obstruction of justice Robert Mueller III wrote “we could not exonerate him.”  

Mueller, the lifelong Republican who completely exonerated Trump, of course —  a traitor– and the treason of his witch hunting partisan investigators is being criminally investigated by the aggressive Attorney General’s most aggressive investigator even as we joyously celebrate the unprecedented greatness of our great land.  Here’s the part of the president’s tweet I can’t manage to forget:

“It is finally time to turn the tables and bring justice to some very sick and dangerous people who have committed very serious crimes, perhaps even Spying or Treason.”

Before he actually gets to do that, I, personally, have to get busy.  Voting every few years for an attractively packaged corporate candidate, the one with the most persuasive public relations campaign, has not prevented the frightening historic moment we find ourselves in.  I have a strong need to sit in a room with other determined people who are organizing to fight the forces of autocracy.  I have a gnawing need not to accept my individual helplessness as a citizen of our great democracy, as even  the pretense of that democracy is poised to perish from the earth.

I found one organization to check out just now, with headquarters in Brooklyn NY.  One of its leaders is one of the women who stopped a sheepish Jeff Flake in an elevator, on the eve of the Judiciary Committee vote to send the nomination of the angry, crying, self-pitying, intemperately partisan “Brett” Kavanaugh to the full Senate, and asked Flake on camera to do the right thing.   The short video went viral.  As the result of this direct public pressure, Flake did as much of the right thing as any Republican not dying of brain cancer can do these days (I refer to John McCain’s thumbs down to narrowly defeat the vote to end the Affordable Care Act, not long before his own death).

We should also pause to note Mitt Romney’s heroic and lonely vote of conscience to allow a fair trial, with witnesses and evidence, prior to the president’s acquittal — an unthinkably radical notion today among Republicans in Trump’s America.  (Susan Collins, shameless apologist for Kavanaugh– among other things–  has to lose her contested election, and good riddance).

Anyway, here’s the organization I want to check out:

The Center for Popular Democracy is an American advocacy group that promotes progressive politics. CPD is a federation of groups that includes some of the old chapters of ACORN. The group’s stated goal is to “envision and win an innovative pro-worker, pro-immigrant, racial and economic justice agenda.” Wikipedia

Alas, not as easy as simply going to their website:
Screen shot 2020-02-05 at 5.58.54 PM.png
I’ll have to phone them tomorrow.
“And God bless these United Shayssssh…”

Note to a friend who asked yesterday if I’m depressed

With a sense of great hopefulness, I wrote this note to an old friend yesterday:

Since I’ve now spent the entire day behind the keyboard tapping away, literally nine or ten hours, I have a better answer for you than I did last night.   

I’m not depressed as much as in a constant state of having to keep a watchful eye on my constantly provoked rage at the injustices around us (all rage, of course, believes it is righteous and directed at injustice).  This internal battle is exhausting sometimes, and far from ideal, but better than screaming and fighting all the time.  

I’ve noticed that when I set out the reasons for my feelings clearly on a page, it makes me feel a bit better about the issue that torments me.   I feel distinctly not depressed at such times, after I’ve put the issue down with clarity — I feel energized and hopeful sometimes.  

I took a few hours, from the time I woke up, to sit and write this about the maddening health care situation I told you about yesterday, submitting two identical complaints, receiving two completely different outcomes:  CLICKEZ ICI 

I later decided to start tackling the issue more directly, in a way that could be more useful to my fellow citizens, and wrote the attached letter to the NYS attorney general’s office.  (see attached, appended hereto and made part hereof at FN 1)

These actions, putting feelings into simple words, identifying and clarifying an issue, refining my description over the course of the day to make it as clear and readable as I can, this exercise of “fighting back”, improved my mood greatly today.  The impeachment situation being already decided “fuck your ‘fair trial’, you insane partisan faggots, 51-49 suck it!!!!” there was no reason to listen to any of it today.   “If he takes a shit, you must acquit!”, said Dershowitz, in an argument no more demented than any of his others — and no truer words were ever spoken by the stable genius himself.

Anyway, whether it’s delusional or not (since I don’t sell any of my work and virtually nobody ever reads it) it is this daily practice of sitting quietly and writing about the things that vex me most, or things that intrigue me, sometimes, — what you flatteringly referred to as part of me being a knight– (and I’ll take Don Quixote over Donkey Trump-hay any day) and I thank you humbly, and with a chivalric bow, for that– that I believe is keeping me from a complete emotional meltdown (and also enabling me to look squarely at some truly horrible things and historically alarming events without vomiting my guts out).

I’d love to have a JH [her excellent therapist– ed.] to talk to regularly, but lacking someone like that, I accept that I have to be my own best therapist much of the time.  I find I’m always listening carefully, understanding of my motivations and gentle with my flaws and mistakes. That seems to be a pretty good start, anyway.

FN1:

Madam Attorney General:

I am enclosing a copy of the letter I am sending to the two Assistant Attorneys General who oversee your overwhelmed Bureau of Health Care.

The gist of my letter:

The complaint submitted on my behalf by your office, seeking to overturn my termination without notice from an ACA health plan was without force or effect.  The identical complaint, submitted through the new New York State Department of Financial Services on-line consumer complaint process, forced the private health company to immediately reverse the termination and apologize to me for its “mistake”.

It is hard for me to understand how a consumer complaint submitted by the state’s top law enforcement office did not yield the same legal result as one submitted through the Department of Financial Services.   I bring this puzzle to your attention.

Yours sincerely  

 

Bureau Chief, Assistant Attorney General Lisa Landau
Helpline Manager, Assistant Attorney General Adrienne Lawston
Office of the Attorney General

Bureau of Health Care
The Capitol
Albany, NY 12224-0341

Dear Ms. Landau and Ms. Lawston:

I am writing to find out why your helpline workers are unaware of what is apparently the only way in New York State to resolve a complaint about termination without notice of an ACA policy by a health insurance company. The Department of Financial Services’ likely brand new, virtually secret, on-line consumer complaint process expeditiously solved a problem your office was helpless to solve. The complaints I submitted through your office and NYSDFS were virtually identical — one had no effect, the other made a corporation reverse its “legal” and “unappealable” determination.

On January 22, when I called to pay my premiums through June, I was informed by Healthfirst that my insurance had already been canceled due to my failure to pay my January premium by January 10. I was told this was done “within the guidelines” and that my termination for failure to make this payment within the ten-day “grace period” was not appealable except by an internal appeal to their own “financial” department that would make the final determination. They also insisted that notice was not required before termination of health insurance for “late payment”. The outcome of the corporation’s internal appeal process was predictable.

Your office complained to Healthfirst on my behalf, emailed me an official looking verbatim copy of what I’d told the extremely empathetic worker who helped me over the phone. Soon afterwards I got a call back from the Health Care Bureau with the bad news — Healthfirst had not reconsidered its decision to terminate my health insurance. I was advised by your office to contact The New York State of Health Marketplace to reapply for coverage beginning March 1, 2020 [1].

I subsequently found and submitted the on-line DFS complaint, its text virtually identical to the complaint submitted via your bureau. Two business days later I had a call from Healthfirst apologizing for its “mistake”, telling me my insurance was in full force and effect, would cover the expensive January 8th procedure I’d had and allowing me to pay premiums for the next six months over the phone during that call, as I’d tried to do a hellishly stressful week earlier. The rep admitted they’d received my DFS complaint and that’s why she’d been instructed to call me. I have to assume Healthfirst had been in violation of the law.  I also have to assume there is no penalty for the violation and that anyone similarly mistreated, who didn’t find the new DFS consumer complaint form, remains without insurance.

Why is this quick and effective new on-line DFS complaint/enforcement process something your staff is unaware of and therefore unable to inform consumers about?  How can it be that the AG’s complaint form lacks the same force of law?

I assume your office gets many calls on this issue every January, as termination for “late payment” is a common reason health insurance companies have long used to terminate particularly the unprofitable low-cost policies of low income customers. I would guess this old insurance industry chestnut is as common a reason for terminating benefits as the old “pre-existing condition” loophole they used to use.

The ACA has protections during the year against such terminations; I know for a fact that notice is required before terminating a patient’s health insurance for late payment. I assume because Healthfirst quickly changed its iron-clad, guidelines-bound determination that their original irrevocable, “non-appealable” termination had violated the law. The law in question being a complicated, voluminous, health industry co-written law that virtually nobody can scan for a quick (or even painfully slow) answer to this kind of question.

The answer to a relevant and common yes or no question of law (does the ACA allow them to cut off my insurance on January 11th without any notice or appeal?) should be on a fact sheet available to those who answer your help line. Especially since the AG’s small, under-staffed, overworked Health Care Bureau is the sole government mini-agency in the state dedicated to helping NYS state consumers in vexing, sometimes life and death disputes with private health insurance companies.

I hope you will let me know that you’ve informed your staff of what I bring to your attention today. Please feel free to contact me about anything related to this letter. My current mission is to somehow publicize this secret avenue of redress for my fellow citizens screwed, as I was, by the virtually unregulated corporate “persons” who provide health insurance under the Patient Protection and Affordable Care Act. I fortunately had the skill set and tenacity needed to persevere until I discovered and used the new DFS complaint process. How many thousands of vulnerable NYS citizens thrown off insurance without notice have that chance? When they call your office they should be given a fighting chance to reverse illegal decisions that suddenly and without warning “irrevocably” deprive them of access to affordable health care.

 

 

[1] Dealing with NYSOH conjures only dread for me, based on my experiences with them, including two traumatic three and four month quasi-appeals I had to win before they would correct their own easily verifiable mistakes. Not for nothing, NYSOH is an agency that in my long experience with many state and federal agencies is among the most cumbersome, unresponsive and inept. I understand that the political appointee who runs it, Donna Frescatore, has been promoted for her stellar work at NYSOH and is now also overseeing Medicaid in the state. It’s good to know the right people, I suppose.