Smart ALEC

ALEC,  the American Legislative Exchange Council, is a little known, very influential, law-making and lobbying group.  Funded by money from the Koch Brothers and others of their magnitude, ALEC recruits state law makers to sponsor model legislation written by ALEC.   This model legislation often benefits a certain industry or corporate interest.   One piece of legislation written by ALEC, and the language is virtually identical in the 21 other states that have passed their own version of the law, is Florida’s Stand Your Ground Law.

Under this law a man with a suspicion has a right to get out of his car, with a concealed gun, and confront the person he suspects.  If the person confronted does not treat him respectfully, tells him, say, to go fuck himself, the man with the suspicion is free to raise the ante, even grab the suspicious person.  If an altercation follows, and he feels in danger, he then has the right to kill the person with his gun, particularly in situations where it is his word vs. the dead man’s and there are no other eye witnesses.  True fact.   The NRA loves this law, so do firearm manufacturers.  Here’s some more history of this law.

Not Angry? You’re not paying attention

We live in a world where the technology has finally caught up with the rapaciousness of those who would own everything–1,000,000 stock trades a second, baby.  Yes, phones in every pocket and social media helped organize the “Arab Spring.”   Yes, governments and their contractors are now mining every bit of data to prevent any kind of repeat of that.   Yes, bread and circuses, the old panen et circenses, is now 24/7, in your pocket, and everybody you know is preoccupied most of the time.

Q:  What are you doing Friday?

A;  I’m working til late Friday, then to the hospital for an all-nighter.

Q: What time do you want to hang out Friday?

Hello. hello?  

I’m sorry, what was I saying?  Grateful for the handle of that title above I say again– if you’re not angry, you’re not paying attention.

Financial collapse caused, 100%, by the rapaciousness of those who would own everything.   Their appetite is limitless, as is their disdain for fairness or sustainability.  Their power to make and break laws is pretty impressive too.   So billions were made by a few, and millions by their assistants, as the poor got poorer.  Now we have a fiscal cliff we are being herded toward.   Instead of victimizing the rich, let’s all share the burden.   We raise the top tax rate on the wealthiest by almost 10%.   The rich pay most of the taxes already, plus they’re job creators.  Sacrifice must be shared.  So we raise the payroll tax on all workers, by 48%.  Student loan interest rates at 20 times what institutions pay to borrow money?  Fair is fair, you know what I’m saying?

Wars based on lies, creating thousands of traumatic brain injuries, amputations, suicides, refugees, dead children, kicked down doors, raped and beaten women– support our troops is the only answer for that.  Torture?   We call it doing the right thing now, the dark side is ugly, but that’s where we are.  Privacy?   If you’ve got nothing to hide, pull down your pants and your underwear and let us see.

If you’re not angry, baby, you are not paying attention.  If you are paying attention, and you’re not angry, you have stopped feeling in a big way.  Now the thing is, what is the productive way to use that anger?

Great short video editorial about the Trayvon Martin killing

http://www.youtube.com/watch?v=I6OuP-wiiQg

views 7-17-23         at 1:48 AM   570,960

                                     1:20 PM    706,908

7/18  at                         2:19 AM   759,556

                                      1:41 PM     785,302

7/20  at                      3:10 AM     823,483

7/24  at                       1:51 PM     1,250,202

De Minimis Non Curat Lex

There’s a book in this old judicial maxim “the law does not concern itself with trifles”.  An entire library of trifles with which the law does not concern itself.  One man’s trifle is another man’s indigestible, unvomitable hairball, after all.

Think of the things that may bother you most.   Trifles, virtually all of them.  The Law does not regard or concern itself with them.   Like a demented four year-old on first discovery of the equally chilling “I know you are, but what am I?” the justice system’s got one for you right here, pal.

“De minimis non curat lex“

 

Letter to Poland

So here’s the deal.  Over here a lot of bad stuff is going down, I think we are actually in the grips of a societal insanity that is rapidly approaching critical mass.  I know you try not to pay attention to the news from here, being an expatriate and all that, but I’ll give you a quick run-down of what’s been shaking since you’ve been gone.

In 2000 there was a presidential election, another of those farcical exercises in mass-marketed democracy we have every four years.  I heard the president described recently by the great Harry Shearer as the man (or woman) who has climbed to the top of greasiest pole in American society (listen to the first two brilliant minutes).  Word.   And, as you know, the higher the monkey climbs the more everybody can see the monkey’s behind, but forget that, if you can.

It was a close election in 2000.  Goon squads were actually sent to disrupt the recount of votes in Florida, the state whose electoral votes would decide the election.  A challenge was made by lawyers for the Republican candidate in the Supreme Court, claiming irreparable harm if the count was allowed to continue.  It was decided  on partisan lines for the Republican, in a one-off decision that oddly cast itself as setting no precedent.  You know that we were attacked on 9/11/2001 by 19 Saudi fanatics.  In the aftermath of that attack Congress voted special wartime powers for the president and we invaded Afghanistan and then Iraq.  These wars were very costly, and bloody, and corrupt, and rage to this day, though we are no longer officially fighting in Iraq.  

The war powers were abused, as war powers often are, and these abuses continue to this day in the name of The War on Terror.  Things that shocked the conscience of many Americans no longer seem to bother too many people.  The War on Terror is to our basic freedoms and general sense of decency what the War on Drugs has long been to people who like to smoke a joint once in a while– as well as to the many victims of violence by international drug cartels who sell pot and other drugs to Americans.  Get as drunk as you want sometimes, that’s your right as an American, you know.  Smoke marijuana and you’re a drug addict and probably a pervert.   Everybody knows that.  

Just like everyone now knows you have to rough up people you suspect of hating you.   In fact, a jury just acquitted a hopped up, gun toting asshole in Sanford, Florida for shooting a black kid to death.   This guy was patrolling his multiracial neighborhood one night when he saw a black teenager in a hoodie.   He called the police to report the suspicious Skittles wielding young black man.  The cops told the guy to stay in his car, that the cops would come.  The guy followed the kid, got out of his car and confronted him.  The subsequent fatal shooting of the young man was deemed self-defense by a jury of six white women.  People are outraged and don’t know what to do.  Officials are warning blacks not to think of rioting.  Other people are rejoicing, that we are still a country that believes in laws, even ignorant laws like the Florida “Stand Your Ground” law that allows a person with a gun, who feels in danger, to kill the person he reasonably believes to be threatening him.

So, dude, if you come here, don’t hang out with your young black friends, at least not in Florida.  Some disturbed asshole with a police record can stalk you, confront you, grab you, and if you defend yourself, can argue that he felt in danger and then be legally justified in killing you with his handgun.

Hell of a day here in the USA.

On the other hand, I felt an unexpected surge of pure joy today watching the naming and honoring of a young baby girl, the new granddaughter of old friends of mine.  Impossible not to feel the love and good vibes in that room.

In other news, I got this mysterious email from an “edcsnowden@gmail.com”.  Makes me want to find the perpetrator (the sloppiness is revealing, methinks) and confront him, if you know what I’m saying.  I am, as you know, Ahimsa Man, but even I have my limits:

Ed Snowden <edcsnowden@gmail.com>
I saw  your site and was filled with wonder. Do you need an event planner and fundraiser? As I am both I also have experience with volunteers. I currently work with homeless families as well as homeless individuals suffering with the HIV virus.I would love to work with you as your are doing amazing things with small ones!
Sincerely, Ed Snowden

Eye Roll, please

I know how tedious stories of injustice are, and how depressing, especially here in America where we are by nature optimists.  You know, how many times can you hear about millions of indigent senior citizens being cut back from five Meals-on-wheels a week to four due to Sequestration, or the precocious little four year-old in Indiana whose mother can’t break it to him that he was lotteried out of Head Start next term, before you turn to the sports channel, or go shopping, or see what there is to snack on?

Or reading about some freshman  Congressman from Tennessee, let’s say, whose family owns a gigantic farm, and who gets a subsidy of $738 a day, (and, yes, some liberal prick actually took out a calculator and divided the average annual $269,000 farm subsidy this wealthy public servant gets into days…) while he advocates cutting the Food Stamp program that so many WalMart employees depend on?  (A more balanced, and almost incomprehensible, version of that story is here)

There’s a so-called debate in this country about values.  One side’s intellectuals cite the points made by a novelist who escaped from totalitarianism and had a lifelong hatred of “altruism” as though these strongly expressed opinions are slam dunk conclusions preempting any discussion of who deserves what.   The intellectuals of the other major party  dare not scream too loud at this, fundraising is a delicate art that must be constantly cultivated, and besides, most of the money in political campaigns is given by the top half of the 1%, and not all of them think that novelist Ayn Rand is an absurd source of moral, political and economic philosophy.

I may personally agree that it’s no sin for old people to cut back from five meals a week to four.  America has an obesity problem, you know?  I may agree that the brat in Indiana who wants to continue in Head Start when politicians have agreed to cut it across the board as part of their debate over who deserves what should stop whining, and so should his mother.  But if I do those things, I’m a bad person.  Really, think about it.  It’s only my opinion, but someone who justifies cutting food to the poor, on a philosophical theory about who deserves what, in a super-wealthy country where the wealthiest continue to grow wealthier while everyone else does not– bad person.

Of course, there is no law against being a bad person.  Nor about a bad person being an elected public servant, leaving office and working for an average of 1000% more in the private sector as a lobbyist.   And I know it sounds terrible when you use a number like 1000%, it’s really only ten times as much.  If you take the actual numbers, it doesn’t really look so bad at all.  The public servant makes, say, $120,000 a year to serve, that servant can make much more in the private sector, but they make a sacrifice in pay in order to serve the rest of us.  So is it so unfair that the public servant leaves office with contacts, entree and expertise and makes $1,200,000 as a lobbyist?  If you look at it like that, it hardly seems unfair.  Look at it this way, it’s like the person only made $660,000 a year for those two years, only $480,000 a year if you divide by three with two years of public service, hardly a top earner in the USA.

I know, I know, prepare the eye roll.  Here we go, I’m done now — and may we have…. an eye roll. 

Torture– drop the word casually, it means little

People who know me, who’ve been to this untidy, dilapidated place where I live, would all agree I have many more important things to do right now than stew about politics.   I know it is a symptom of something else, but I can’t clear my throat sometimes.  There are things that stick there like poisoned steel wool, irritating to no end.   So let me try to pump this one up, like a cat with a hairball, and get on with my life today.  

President Change You Can Believe In (you can also believe in the tooth fairy or the patriotism of men willing to torture suspects– so he’s not really misleading anyone)  casually spoke the word “torture” the other day, I heard the sound bite.  He admitted explicitly, for the first time, that our great nation had descended to torture in the so-called War on Terror.  Torture was committed in secret, in our names, against people who are abstractions. It was authorized and justified, under a changed name, in secret memos, with surprisingly little legal support, that were authored by Bush Administration lawyers, one now a federal judge for life, the other a tenured professor of constitutional law at Berkeley.

It’s not like there were witnesses as actual people we know were hung by their arms for hours at a time, forced to soil themselves, stripped naked, kept in freezing cold or boiling hot cells, kept awake for days at a time, kept in airless cells too small for them, thrown against walls (harmless, just to get their attention!) shaken, punched, slapped, kicked, water-boarded.   Some of these people were guilty as hell, even if many were not.  At any rate, full disclosure, agents of We The People tortured people, we’re not going to do it anymore, and that’s that.  There’s no point prosecuting anyone, heck, we’d probably have to prosecute ourselves too, which would suck!  In addition to posing an uncomfortable conflict of interest.

It was as shocking hearing the president finally say “torture” as it was hearing the word “poverty” come out of his mouth for the first time in public during his second inauguration.  I heard it like this “we murdered some people, frankly, we did,  in cold blood and without any real legal defense for our actions.  We also engaged in systematic rape, of men and women, some admittedly quite young, and other atrocities.  We killed babies, and old women, we broke down doors and beat up and sometimes slaughtered people in far away lands who had nothing to do with terrorism.   We grabbed people in airports that we sent to savage regimes to be tortured and found out only years later that many of them were innocent.  Guilty as charged.  These things are terrible, unforgivable, and we abhor them to our core.  I say, not without some personal sadness, that as a practical matter we will never hold anyone accountable in any way for any of these policies.  We made sure that our contractors are immune from prosecution, and we sure as hell are not going to prosecute the wealthy and powerful men who created the secret torture program.  Get over it, America.”

“After all, we are wealthy beyond counting, as a nation, but 21 million of our children go to bed hungry every night, is that not in some ways a greater national shame than torturing people we don’t even know?    We have neighborhoods where the death rate is as high as in third world nations engaged in civil wars.  Shit happens, people.  I say these things not because I will hold anyone accountable for crimes we committed in the past, for the crimes we continue to commit or for a system that allows the wealthiest to increase their wealth beyond the wildest imaginings of the greediest while children, by the million, are asked to eat shit and die.  I mention these things only because I am a man of conscience and an expert in constitutional law.  If you think it is easy to be an expert in constitutional law, think again.  I challenge you, for example, to find the three discreet phrases buried in that succinct document that formed the constitutional basis for human slavery and its strict legal protection for almost a hundred years.”

“We do some very bad things, I will admit.  Most of these terrible things we keep secret.  You have 1,000 channels of TV programming to distract you, a fantastic network of professional sports where some of the greatest athletes in the world compete for your enjoyment, many fake news channels, a hundred Darwinian contests, scripted reality TV shows with colorful people in many cases even dumber than you are.  You have great stores full of wonderful products and you can buy anything you like on-line, from the comfort of your favorite chair.  You have everything you need, unless you’re really poor, or working class, in which case you may feel left out of the American Dream.  I pity you, I really do, it’s really a great dream.”

“But I must also point out that I will be very, very strict with anyone who tries to make public things that the public must not know.  If the U.S. military has a digital video of an American helicopter crew getting permission to gun down unarmed Iraqi civilians who come to try to rescue other civilians shot down by that same American helicopter crew, that is their business.  The military knows best how to deal with these things, it has been doing so for over two hundred years.  Things like this are classified for a reason and anyone who releases such information is a traitor and enemy of the state worthy of death.  And guess what?  As we’ve already shown, we no longer need to even accuse you of a specific crime or have any kind of due process before we take you out with a flying remote control death machine.  Thank you for listening and God bless these United States of America.”

“Oh, and one more thing.  Vice Admiral John Poindexter, a shady character out of the Iran-Contra scandal and former Deputy National Security Advisor to President Reagan, was pitching a data mining system that could be used to keep tabs on the activities of conspiracies to undermine America.   It could be used, for example, to get the names of everyone opposed to a specific government policy, the phone numbers of everyone involved in street protests or petitions, those subscribing to internet lists or those organizing for any purpose that might run counter to the best interests of America as defined in secret by unaccountable persons.  I am not at liberty to say if the NSA data mining program recently revealed by a traitor worthy of death, a reckless and dangerous young man named Edward Snowden, is that same program Poindexter was peddling or not.  Does it make any difference to you?  God bless America.”

“And goodnight, Gracie.” 

Lebensunswertes Leben

I’m listening to a disabled woman whine on National Public Radio that she can barely live on the $1,200 a month SSD disability payment she gets now.  She complains that her parents, in their eighties and in poor health, with many medical expenses of their own, have very little to kick in from their monthly Social Security check for her upkeep.  

And the President is negotiating to lower future payments to the old and infirm for Social Security and SSD.  I’m sick to hear it, that he’s left the New Deal Social Safety net on the negotiating table in the artificial emergency hostage situation Republican phrase masters, at no small expense, have named The Fiscal Cliff.  I say they forget Fiscal Cliff– call it by what it is, when you ask the weakest to make the sacrifice for other people’s comfort, Lebensunswertes Leben (see FN below).  

This disabled caller is worried, calling Tom Ashbrook on On Point to speak for others like her, people already feeling desperately squeezed, living under the poverty line, a line that is drawn artificially low to begin with.  Do the math, $1,200 a month is less than $15,00 a year, excluding the bounty she gets in the form of the Food Stamps and Medicaid.

It seems, according to her, that the price of the transportation for the disabled where this physically and cognitively disabled woman lives  has tripled in recent years.  It now costs her ten dollars to leave her house to go shopping.   Logic would dictate she go out less often, but somehow, she seems very unhappy with the idea of how much this semblance of independence eats into her meager budget.  It’s not as if this lady is rich, strictly speaking she lives on $14,400 a year.  She doesn’t have a cleaning lady and a driver, if that’s what you’re thinking, Eric Cantor. 

She is calling Tom Ashbrook in the context of a conversation about President Obama’ s willingness to hack at the Social Saftey Net in the name, presumably, of bipartisanship — showing more of his famous willingness to concede on major principles before the horse trading actually begins– and preserving the oligarchic status quo.

“Oligarchic,” a political adversary will say, raising eyebrows and hackles both.  I say, that is the proper name for the United States in 2012, there is no question of it being otherwise as the rich get richer and the poor and gullible are constantly called on to make more and more dire sacrifices.  

It’s not as if I don’t see the arguments against the position  I’m taking.  After all, why should a person making only $400,00 a year be forced to take the hit and go back to the old tax rate before the Bush Tax Cuts?  That’s why they built the Fiscal Cliff (you can be sure that well-paid right wing genius of phraseology, the coiner of  Death Tax, Collateral Damage, Friendly Fire and so forth, was well-paid to coin this hard image of looming, desperate catastrophe)  to capitalize on Bush’s deferred 2004 mandate to privatize Social Security.

How cool would that have been?   Everyone free to freely invest their retirement money on twenty thousand lottery tickets,  or getting mortgages to buy houses to flip, or on the spin of a roulette wheel that could make them fantastically rich — if they had enough to bet with.   2008 would have been a big “whoops…” for millions who would have lost all retirement income, in addition to the millions who did lose everything, (like the employees of Enron once upon a time) after the last unnatural Fiscal Disaster– the huge fraud that led to the massive losses of 2008. 

That organized effort by fantastically wealthy institutions to defraud people with limited means was perpetrated by very, very, very wealthy people, people it wouldn’t be right to prosecute, or imprison, or force to give back billions obtained by fraud and deception.  They are too big to prosecute, and besides, they are not considered a threat in the same way that an angry young black man is a threat, but, if you look at the full picture, these are some very dangerous motherfuckers.  But anyway, back to lives not worth living, those expendable millions at the bottom of the food chain.

The sickening spectacle unfolds, there goes our supposedly liberal President Barack Obama, sleeves rolled up, agreeing to pony up the Social Safety Net in favor of letting the wealthy pay as little as possible in taxes, the old rate before Bush gave them his temporary one-time tax cut gift a decade ago.  

The President seems to have agreed in principle to tie future Social Security payments to a new cost index that would gradually decrease the amount our nation’s oldest and poorest, our most helpless, receive every month.  They’ll eat cheaper meat if the market dictates it, they’ll eat less meat, they’ll live like Gandhi.  We didn’t make them losers.  If they’d made better choices in life they could have also been winners.   We didn’t make the jungle.

Still, I have to ask:  why is the New Deal being renegotiated at this particularly difficult moment for most people?  Whence this radical right wing drive to shred the Social Safety Net?   Are we still fighting the damned Civil War?   Did Germany win World War Two and nobody told me?   Why is the onus for settling an artificially engineered showdown to cut social spending placed squarely on the backs of our most vulnerable?  Why is it being  presided over by Nobel Peace Prize Winning President Change We Can Believe In?  

There must be a hundred more likely places to start to cut the deficit before we talk about cuts to a program that is solvent for at least the next twenty years without any changes.  

There are those who insist we live in the freest nation on earth.  The vast majority of children who grow up in poverty die in poverty in America.  They live shorter, more dangerous lives, their infant mortality rates are like those of Third World mothers.  American children in poverty, in the patriotic view of those who proudly call our nation the greatest nation in the history of the world, have the freedom to choose between obedience, discipline and participation or anger, rebellion and prison.  

A rational actor, the theory goes, would choose to pay close attention as the cards are dealt and gamely play the crap hand he’s being dealt every round.   He is not playing at a high stakes table anyway.  For example, if he or anyone he knew were to die and a corporation had liability for that death, their family would get a tiny wrongful death settlement.  Think World Trade Center bus boy wrongful death number ($20,000) vs. World Trade Hedge Fund guy’s (multiple millions, widows complaining about the meager pay-outs).

“Let’s see,” the lawyer for the corporation negotiating the settlement for the guy’s death from some kind of toxic product or procedure, would say, consulting charts and punching a calculator “a life expectancy of 31 years times an annual salary, interest, benefits and dividends, of…. let’s see…. zero— prisoners in the State prison system do not make very much money, would be…. we’ll give you $10,000.”

The family would take it, in sorrow and in rage.  But really, that’s the game, the way its set up, how the board is rigged, where the finger rests heavily on the scale, how the field tilts, who the refs are, how corrupt and greedy they are, and billions and billions in wealth to be taken, the wealth of the world is inexhaustible, more money than you could spend in a thousand lifetimes, but who cares?  God bless unfettered Capitalism, nobody can put a limit on an American’s right to luxury a million times over, as if he had a million lives to spend it.  

It’s Winners versus Losers, punk.  It’s a clear choice, really.  You can choose the side that wins every time– even if you personally keep losing big time you can still root for the Winners, bask in their glow.  Or, you can side with the Losers, those who will always lose, always be screwed by those who can.  Some are born with advantages, others with disadvantages.  It’s up to you— pick a side.

So this disabled woman talking to Tom Asbrook complains that if the monthly check is decreased, if she’s told to buy a cheaper cut of meat, lose some weight, don’t use so much heat in the house, wear two sweaters inside, and a scarf and a hat,  live like Gandhi, then she will suffer.  The rest of us need it all, so let’s just say, to her and the millions like her:  be quiet and have a blessed day.

FN:  Lebensunswertes Leben (from Wikipedia)

The phrase “life unworthy of life” (in German:“Lebensunwertes Leben”) was a Nazi designation for the segments of populace which had no right to live and thus were to be “euthanized“. The term included people with serious medical problems and those considered grossly inferior according to the racial policy of the Third Reich. This concept formed an important component of the ideology of  Nazism and eventually helped lead to the Holocaust.[1]  The euthanasia program was known as Action T4.