Why Racism?

The Civil War was fought because the wealthy in the southern part of the United States wanted the right to have their African slaves working anywhere they damned well wanted them to.  There was a raging debate, as native Americans were slaughtered, or otherwise removed from lands that were to be settled by “white” Americans, about the expansion of slavery into these new territories.   America by then had a strictly race-based slavery, the only slaves working were from Africa.  

Americans who hated slavery, as most of us today do, were determined to stop its expansion.   Americans who profited handsomely from slave labor stood on their Constitutional right to own and sell as many damned slaves as they could afford to and do pretty much anything they damned well pleased with them.  The Bible was called into play by supporters of slavery to justify God’s supposed approval of this arrangement.   Abolitionists also cited the Bible as condemning the Peculiar Institution, which just goes to show you.

So why did hundreds of thousands of brave, warlike working class Rebels, men who could not afford to own slaves, charge into Union fire defending an institution that did not benefit them in any way?   How is it that the Civil War itself has come to stand for “states’ rights”, Americans’ right to disagree and the overreach of vindictive northerners (the damned meddlesome federal government) in punishing the south after its surrender?   Why is there any debate over the flag of the former Confederacy, the states who took up arms against the country they seceded from , flying over southern government buildings?   (Shoot, it’s not like the stars and bars is a damned swastika, just the colors of an army that rose up to defend a damned way of life, a genteel and good one too…) 

We have to recognize that a lot of this, like racism itself, defies strict rational analysis.   These are emotional issues that do not call the higher functions of the analytical mind into play.   Why did millions of angry, hurting Americans recently vote for a callous billionaire who spoke as though he was their friend and champion, as if his only interests were not more money and more power?  Same deal.  Our question today is not why people vote and act against their own best interests, it’s why racism?

Howard Zinn, in his groundbreaking A People’s History of the United States, described the situation in early colonial America.  Many poor people arrived as indentured servants.   In return for their passage, poor “whites” contracted to work as unpaid servants for a certain number of years, after which indenture they would be freed.   They worked side by side with African slaves and sometimes enslaved Native Americans.   But there was a problem.  

They made common cause with their fellow slaves, resisted brutal treatment together, ran off together, married.   Those who benefitted from slave labor were in genuine danger from this united front.  There could have been no United States of America as we know it if these unpaid laborers were not divided and set against each other.  It was not profitable for the wealthy to have to pay workers for labor-intensive monoculture cultivation.   The solidarity of the enslaved presented a real dilemma for the new barons of the vast, fertile American wilderness.

The colony of Virginia, very early, in the 1680s, I believe, addressed this vexing problem for the wealthy.  A law was written guaranteeing certain rights to White Indentured Servants.   They could not be stripped naked for whipping, for example, though black slaves certainly could.  The white slaves were given certain other rights including the right to receive way more than the mythical 40 acres and a mule when they were liberated from their indenture.  In addition to land (100 acres, I think) and animals, they got a good supply of food, some money and a gun with plenty of powder and bullets.   Thus, by this ingenious device, Virginia made white slaves far superior to Negroes who were most often destined to remain slaves from birth to death.

This is one calculated, cultivated reason for American racism. It is based on the tribal human need to feel superior to the “other”, a phenomenon seen throughout history in most places.   It is often exploited by the privileged few who control populations by keeping those with common interests as divided as possible.  This need to feel superior becomes an unbearable ache during times of crisis, famine, fear, uncertainty and is often expressed violently.  It can be stoked pretty easily.

After the Civil War there was almost a century of terrorist lynching, tolerated by the states, while Southern legislators blocked federal laws to stop it.  The Turks massacred more than a million Armenians, when the supposed circumstances arose, around the time of World War One.  The Japanese tortured, raped and beheaded “racially inferior” Chinese during their infamous Rape of Nanking in the years prior to full-blown World War Two.   The Germans systematically murdered millions of “others” including several million Jews.  

In each case these genocides were fueled by racist beliefs. The people being killed were not fellow human beings, they were inferior races that needed to be destroyed, usually because of the grave danger they supposedly represented.

In order to commit unspeakable acts against other humans, it is generally necessary to hate those humans. How do good, decent, law-abiding, God-fearing Americans torture people?  By believing they are torturing inhuman terrorists who will stop at nothing to inflict unthinkable atrocities on innocent Americans.  That an individual recipient of torture may turn out to be an innocent, sixty year-old pediatrician does not mean the rest of them aren’t the worst of the worst.

You can flip through pages of recent propaganda posters to get a nice glimpse of racism made graphic.  Ever see the American depictions of “Japs” during World War Two?   Vicious, squinting, buck-toothed rats.   Look at Nazi cartoons of Jews, same kind of deal.   Cartoons of American Blacks, similarly vicious.   It is necessary to ridicule and hate before you can commit atrocities against a group of people.  

Not everyone is cut out to massacre with machetes, as one African tribal group, the Hutus, did to 800,000 Tutsis in a frenzy of killing in Rwanda in 1994.   The Nazis had a challenge figuring out how to kill so many Jews.  The men in the killing squads, the Einsatzgruppen, who shot Jews into mass graves, became drunks, went mad.  A few idealistic sadists excelled, but the sheer number of Jews to be killed was overwhelming.  Eventually a program was developed that mechanized the killing process, lessening the toll on those tasked with the mass murder of the villainized, subhuman groups.

If those who exploit others for their own profit do not divide their potential opposition and make them hate each other, their lucrative enterprise is often in danger.   Martin Luther King, Jr. was a greatly admired Man of the Year, and won the Nobel Peace Prize, when he was peacefully fighting to integrate lunch counters, buses, urging his followers to endure great hardship and exert moral force to end segregation.   Once he began speaking of the infamous triad of racism, militarism and poverty, and uniting the poor of all races, he became an enemy of America who had to be killed.  Listen to his “Why I Am Opposed to the War in Vietnam” speech, delivered at Riverside Church in New York, a year to the day before his murder:

The time has come for America to hear the truth about this tragic war. In international conflicts, the truth is hard to come by because most nations are deceived about themselves. Rationalizations and the incessant search for scapegoats are the psychological cataracts that blind us to our sins. But the day has passed for superficial patriotism. He who lives with untruth lives in spiritual slavery. Freedom is still the bonus we receive for knowing the truth. “Ye shall know the truth,” says Jesus, “and the truth shall set you free.” Now, I’ve chosen to preach about the war in Vietnam because I agree with Dante, that the hottest places in hell are reserved for those who in a period of moral crisis maintain their neutrality. There comes a time when silence becomes betrayal…

… It seemed that there was a real promise of hope for the poor, both black and white, through the Poverty Program. There were experiments, hopes, and new beginnings. Then came the build-up in Vietnam. And I watched the program broken as if it was some idle political plaything of a society gone mad on war. And I knew that America would never invest the necessary funds or energies in rehabilitation of its poor so long as adventures like Vietnam continued to draw men and skills and money, like some demonic, destructive suction tube. And you may not know it, my friends, but it is estimated that we spend $500,000 to kill each enemy soldier, while we spend only fifty-three dollars for each person classified as poor, and much of that fifty-three dollars goes for salaries to people that are not poor. So I was increasingly compelled to see the war as an enemy of the poor, and attack it as such.

(source)

Men who speak such truths are often killed– if heeded they could cost those who profit from war billions of dollars.   Murdering such troublemakers has always been  part of the history of guns in America.   Gun violence was always integral to the rule of racists in America. “The Equalizer” was a Colt 45 revolver that made the man holding it the equal, physically, if not morally, of four or five stronger men who did not have guns.  An Equalizer tucked in the belt of a white overseer meant that, no matter how brutal he may have been to the slaves he worked, he was equal to a bunch of the strongest of them who hated him.  Unlike its predecessors, guns that had to be reloaded after one shot, leaving the shooter vulnerable, the Equalizer had a revolving chamber and was able to fire and kill six times.  Suck on that, muscle man.  

Why racism?  It benefits those who, like our current president, stoke it and use it to send messages that divide and conquer.   Mexicans are no more likely to rape than anyone else.  The very idea is ridiculous.  And yet…

We call racism by many names, deny it most of the time. We obscure our infamously racist history here– we  had race-based chattel slavery here for more than two hundred years, annihilated most of the native people who lived on what is now the USA (savages, we remember them as), excluded the Chinese, once they had died building transcontinental railroads, tolerated more than a century of terrorism against former slaves, discriminated against Italians, Irish, Eastern Europeans and other “ethnic” types, and so forth.    

“Race” is largely an arbitrary construct, and a very mutable one.  At one time here in the United States (and still, among some) Italians, Irish and Jews were considered “niggers”.   As a Jew, I take my solidarity with my fellow niggers quite seriously, as my father before me did.

In our greatest moments as a nation, these arbitrary differences have been put aside and masses of our people have moved forward together to face some grave challenge or to enjoy the fruits of liberty.  In our worst moments, these cultural differences are exploited by ruthless demagogues, pointing to the evil “other” and inspiring violence as they quietly do their dirty deeds. 

Fuck racism, you know what I’m saying?  But in order to fuck it, you first have to talk about it.

Redraft of letter to Whom it May Go Fuck Yourself

It all feels too big today, as the rain pisses down. Concentration may be hard to come by.

The police department sealed what was until the other day Liz’s apartment.  I passed the green sticker on the door, took a blurry photo of it.   Her cats, brothers Sid and Gus, were taken to another apartment where they will get fed every day and have their litter boxes kept clean, until they can hopefully be adopted.  

Time marches on, rushes on, like the cold rain that is pelting down outside right now.   I am going to attempt to finish the letter to the progressive, publicity-hungry Attorney General of New York, per the imagined suggestion of my dead father.

Dear Mr. Attorney General,

I am writing to alert you to a massive consumer protection failure in New York State, regarding routine denials of purchased health care by health insurance companies.  I urge your office to investigate this unchecked, widespread fraud and propose legislation to correct it.  

There is no New York State agency meaningfully overseeing the practices of private corporations providing health care insurance in the state of New York, as I will detail below.   Even apparent outright fraud by a health insurance company cannot be redressed, except through an appeal to the insurance company itself.  This letter lays out the state’s current non-functional regulatory apparatus, such as it is.  I urge you to propose legislation to remedy this intolerable situation.

In January I drafted a long letter to you about this lack of regulation by New York State.  The health care emergency described in that letter (and here), with consumers at the mercy of an industry rich in temptations to deny services to increase profits, is even more acute under an administration intent on dismantling all regulatory schemes.  My own medical issues prevented finalizing that letter.

Since writing that draft I learned that your office proposes legislation and advocates for it.   I am writing to convince you to propose a bill creating state oversight, on behalf of consumers, of the medical industries that do business in New York State.  Widespread, colorable fraud is routinely committed against mandated ACA consumers/patients and no state agency oversees it.    

While there are hotline numbers for aggrieved health care consumers, none of these provide any help.   Alleged fraud against consumers by corporations is not something the New York State Department of Financial Services (“DFS”) is set up to investigate.   The oversight functions of the Departments of Health and Insurance, you may recall, were merged into the DFS for all insurance-related  purposes when New York State adopted the ACA.  There is no state agency, outside of DFS, that has jurisdiction over such frauds.

New York State needs an agency to oversee routine denials of approved medical services by insurance companies and to act as an Ombudsman for the many difficulties endemic to a complicated public/private health insurance scheme.   

I also urge you to call for creation of an ombudsman’s office for the New York State of Health Marketplace (“NYSOH”).   I can tell you from an unfortunate wealth of experience that the NYSOH is the most intractable bureaucracy I have ever dealt with (this includes New York City’s overwhelmed Adult Protective Services and the NYC Housing Authority). The current waiting time to have an “appeal” to correct a simple clerical error by NYSOH is, at minimum,  four months.  NYSOH’s policy is not to divulge the identity of its director, Donna Frescatore, and I no longer wonder at that policy, with the thousands of complaints they are currently attempting to handle.

Under the ACA, in New York State, a patient is expected to resolve all issues with the corporation he pays premiums to for health insurance.  I will lay out the cul du sac of non-help a NYS citizen experiences in the State of New York.   It is a seemingly robust system, with numbers for consumer help hotlines.  An hour’s investigation reveals that it is not even a fig leaf of a regulatory system.   Presumably the only action a New Yorker can take for denial of service, after calling all of these numbers,  is an Article 78, assuming one could find the legal grounds to not have it dismissed.

The health insurance company may deny services for any number of plausibly innocent-sounding reasons.  Claims are denied for: errant CPT code, two numbers transposed on the NPI, wrong NPI, incorrect service code specified, something related to customer MOOP.   (The PPACA is a treasure trove of acronyms).

What follows is a map of the regulatory cul du sac and some examples of this widespread silent profit-driven campaign against the most vulnerable of New York State’s health care recipients.   It is my hope that your office will propose legislation to make corporations accountable for the worst of these practices.

blah blah blah…

for some reason I can’t focus much on this hideous, but important, task today.  

Maybe it’s the image of a group of grinning elected white male imbeciles in suits, in a White House garden photo op yesterday, celebrating their impressive two vote “victory” in the House, passing a secret bill to abolish Obamacare.

The bill was never debated, its text wasn’t circulated before the vote, its economic impact was not scored by the CBO, but it satisfied the most implacably right wing members of the House.   An actual 1930 lynch mob could not have looked more delighted, posing under a swinging corpse.   The president laughed, asked playfully “can you believe it?” about him being the president.  Then he set off, three hours late, to meet the prime minister of Australia and tell him that Australia’s health care system (public) is much better than America’s.

USA!   USA!!!!

As for moving America back toward the 45,000 annual preventable deaths due to lack of affordable health care, I guess this president hasn’t had time to staff the CDC and pull down its website, as he’s already had his people do with Civil Rights and science-based Environmental information on government sites.  Visit The Center for Disease Control’s site while you can.

You can read for yourself Harvard Medical School’s dire accounting of uninsured Americans’ greatly increased chance of death here.   Thousands more will die, if the Republicans in the Senate can only change the rules so their 52% can pass the long-awaited law to wipe Obama’s signature legislation off the books.  On the other hand, and to be fair, the incredibly rich will get richer.   

We live in a country that accepts the preventable deaths of tens of thousands of its citizens a year as part of the price of freedom– the freedom of talented health insurance CEO-investor types, like Jared Kushner’s equally well-born younger brother, Joshua, who has much of his $1,500,000,000 investment fund invested in health-insurer Oscar, to reap unlimited financial rewards for their selfless service.  

USA!   USA!!!

I’ll hope to finish my letter to the A.G. in a few days.  I have to put on my rain clothes and pedal my bike through the dirty rivulets of lower Manhattan.

Rigid Hierarchy — how it looks to a Commie

We don’t often question hierarchy as an organizing principle, or reckon how destructive its effects often are.   The ranking of humans by their importance, arbitrary and unfair though it often seems, is simply the way it is, like a lot of things we ask God to grant us the serenity not to worry about.  Hierarchy is ubiquitous in human affairs, going back to before recorded history, one suspects.   Societies based on competition and conquest are particularly hierarchal.  

You can picture dozens of examples.   At the top of the pyramid is a person, or small group of people, with vast power.   The will of these at the very top, often praised, guides the actions of everybody below them.  At each level people give orders to those below them and are responsible for making their immediate superiors look good.  Responsibility flows in one direction, bottom to top.  Each group of supervisors are accountable only to their more important superiors.   If they carry out their orders diligently and produce the desired metrics they might be promoted to the next rank.   Every tyranny in history has run on this model, just as every corporation does, every army, virtually every human organization you can think of, organizations that do little or no harm, even organizations that do the most good.

Hierarchy is one of those principles that seem inevitable and organic.  It seems to have arisen from nature herself.  In the jungle there is the hierarchy, we are taught, a King of the Jungle , the top predator.  The Catholic Church has a Pope, the corporation the C.E.O., the school the Principal.   When Capitalism was rising to strangle every other possible view of economic and cultural organization its rationale was as scientific as Phrenology or Eugenics, as irrefutable as Manifest Destiny: Social Darwinism.  

Charles Darwin articulated a once-controversial theory of evolution based on species changing to adapt to changing conditions.  This theory, backed by long historic and ongoing evidence, is no longer controversial among educated people [1].   Under Darwin’s theory of evolution, those individuals of a given species best able to adapt to the changing conditions survive to reproduce, their offspring who inherit these new traits have the best chance of surviving and reproducing and so forth.  There was nothing moral about evolution, it was based on natural selection, adaptation to the changing environment and survival.

“Survival of the Fittest” became the self-justifying credo of modern titans of industry, Robber Barons, the greediest, most determined and most able to amass great wealth.   Their offspring, they believed, were genetically fittest to inherit everything.   Though we may have cause to lament this arrangement at times, we don’t seriously question it, it has always been thus.  You had prehistoric tribal leaders, ancient warlords, kings, all flowing, one imagines, from obedience to the first homo sapiens who figured out how to use a devastating new weapon to kill and didn’t hesitate to use it.  

I am not thinking of hierarchy now just because I heard the president on the radio affecting tremendous, unshakable nonchalance as he danced around an interviewer’s questions.  Some see this man we have as president now as the personification of our sick society, the embodiment of everything wrong with our culture.   He was born wealthy, privileged and entitled to the best things money can buy.  He is boastful, the most boastful, he has the best boasts.   He is often untruthful.   He does not keep his word, although sometimes he does.  He does, he really does keep his word, always?, no, but sometimes he keeps his word, he keeps his word.  He surrounds himself with others born entitled as he was, like his daughter, his son-in-law, also born very, very rich because he’s a very great person.  His cabinet of billionaires dedicated to dismantling the protective agencies they were appointed to head, same deal.  The best people.  Those in his administration who are not very wealthy are very, very loyal.  They supported the president when many considered his candidacy a joke.  Who is laughing now?  Are you laughing?  I don’t see you laughing.

It would be an easy place to go in a discussion of the downside of hierarchy, but let’s not go there.   I want a simpler, more mundane example to lead off.  Your average public school in America.   The individual school that the inexperienced, platitude-choked, religious fanatic daughter and wife of billionaires now in charge of the Department of Education has vowed to privatize.  Forget her, for a moment, if you can.   We are looking at the individual school, say twenty, fifty or a hundred years ago.

The original theory of mandatory public school was to educate all children in America and give each one a real chance to participate in, and contribute to, our democracy.  The public education system produced some impressive results at certain times.  My alma mater, The City College, was once known (long before my time there) as the Harvard of the Poor.  CCNY produced many illustrious alumni in a wide range of fields, including ten Nobel Prize winners.   It remains a shining example of what low-cost or free education can do for motivated citizens.  The GI plan after World War II that gave many poor veterans college scholarships and brought many into the middle class is another example.

Public education was almost never available to all, and it was also never truly a meritocracy.   Early advocates like the genius Thomas Jefferson spoke of raking the educable few from the rubble of the masses (a phrase I got from my father, and is apparently, if one believes Google, only cited on this blahg, several times over the years).  The actual Jefferson quote, in advocating the common school, was:

“By this means, twenty of the best geniuses will be raked from the rubbish annually and be instructed in Greek, Latin, geography, and the higher branches of arithmetic at the public expense, creating a new generation of leaders without regard to wealth, birth, or accidental condition.”  

Hierarchy, again, but at least here it is proposed as some sort of meritocracy, if you can stand the stink of the poor who are not actually slaves owned by superior people, have someone rake out a few brilliant souls from the shit and you can send them to an excellent and exacting public school where they will have the opportunity to prosper.  A scholarship for those who, but for the unfortunate accident of their birth, would deserve to sit among the greatest of our nation.  

This is not the place for a discussion of the hypocrisy and failure of this exalted vision of creating a true democracy by giving all young people a good education.  It is enough to agree that the original impetus for public schools was largely a noble one.   Give a child a good, solid education that instills a lifelong taste for learning and you create an intelligent, productive, problem-solving citizen.  In the process of doing this you will find that the rate of brilliance among the children of the poor is about the same as it is among the children of the rich– once we correct for the damage done by things like malnutrition, poor prenatal care, the violence of slums, PTSD, parental despair and the like.

The American public school, which served millions of poor children, particularly once child labor was made illegal (around 1930, shockingly enough) and schooling compulsory (Mississippi, we learn from Wikipedia, was the last state to do this, in 1918)  was designed on a factory model.  

The young workers (students) arrive at the same hour, assemble in the yard, line up by class, where they are traditionally ranked by their achievement and behavior, and file silently into the school.   As a body they rise to solemnly salute the flag and the republic for which it stands.  A bell rings to tell them work time has started.   Another bell rings when it is time to switch to the next task.  They file into a cafeteria at the programmed time.   The assemblies in the auditorium are carefully managed to create a sense of community, or, if you are more cynical, conformity.  The bell rings, like a factory whistle blowing, and they exit the building en masse.

I hated school when I was a kid.  Particularly the rigid structure of the place.  I chafed at everything I found stupid, arbitrary, seemingly designed only to stifle the imagination.  I recognize now that I had the good fortune to attend one of the best public schools around.  It was a small public school in a wealthy neighborhood (we lived just on the other side of the figurative tracks) with very high academic standards, where classes were small and the school was of a size that virtually everyone knew everyone else.  

I was in elementary school when the battle over integration was being viciously fought by passionate partisans.  My mother’s good friend, a fellow-integrationist, sobbed after receiving hate mail addressed to Commie (which I found hilarious) and Nigger Lover (which somehow did not seem as funny, even though the word ‘nigger’, another word I’d never heard, seemed as intrinsically funny as ‘commie’).  Those black kids who were finally bused in got a solid education, particularly compared to the inferior one they would have gotten in their unconstitutional ‘separate but equal’ shithole in the segregated areas of Queens where they lived.  

Leave aside the School to Prison pipeline, the punitive system in which unruly students are treated as young inmates to be controlled rather than young minds to be guided toward the things that will excite their imaginations the most.  I want you to consider the average public school in an average neighborhood in any city in America.  I have worked in about a dozen of them, in New York City, maybe a few more than that.   Here is the hierarchic aspect I want to highlight.  

Teaching in these schools is famously difficult and demoralizing.   The attrition rate for new teachers is very high.  A small number of dedicated teachers go on long enough to become excellent teachers.   These people, mostly women traditionally, are unsung heroes.   They are artists, skillfully improvising with the young souls in their care to teach many things.  I have nothing but admiration for great teachers, teachers who inspire a love of learning.  Having tried teaching for a number of years, I am very aware of how much talent, dedication and generosity go into becoming a great teacher.  

If you work in a system as overwhelmed with difficulty as the public school system in a nation grotesquely divided between the increasingly wealthy and the increasingly poor, there are two different career paths.  One is to do the extremely hard work of becoming a great teacher (while also practicing social work, mediation, psychology, nursing and a number of other disciplines).  The other path is to get out of the classroom as quickly as possible and take the courses and tests to become an administrator.  

Not every person who opts for this second career path is a complete asshole, though many are.  Let me make that more precise:  not everyone who opts to become the boss of other teachers, without having mastered the difficult art themselves, is a complete asshole, the vast majority, sadly, are.    Ask any teacher you know, particularly those who worked in multiple schools.  The excellent principal is as rare as the excellent teacher.  

The trouble is, while a mediocre or poor teacher is a plague upon thirty students, a mediocre or poor principal is a plague upon the entire school, every teacher, teacher’s aid and student– and all of their families.   The public school (and private schools, I think, with their ‘head masters’, are roughly the same) is one of the most black and white top-down hierarchies around.    Principals who spent as little time as possible in the classroom, finding the path upwards by taking tests, seeking promotions to special jobs, doing favors for the more powerful, showing their reliability as politicians, have almost unlimited power over teachers.  It is just the way they do it in most school districts.   One asshole principal can demoralize an entire school community and they are accountable, luckily for them, only to the political powers in the school district who appointed them and signed off on their virtually unlimited power. 

I am reminded of this example of the principal unaccountably at the top of a hierarchy largely because of a comment I once heard from a perceptive parent. I ran a program for elementary school kids ages 7-11 where the children performed every aspect of dreaming up and creating original animation.  It was a workshop that hummed like a beehive, a community of peers that worked together, rotated jobs and solved problems together.   A father came to pick up his son as the workshop was still in progress.  He stood at the door smiling and I went over to say hello.  He told me how much his son, a friendly and creative boy who did wonderful animation and also was featured on many soundtracks, enjoyed the workshop.  Then he said “I love that it is so non-hierarchic.”   I’d never thought of it in those terms, but, damn, he hit the nail right on the head.  

We live in a competitive society where certain people get to outright cheat.   This class of people, some born to it, others determined to enter it, makes the rules to maximize their advantage in the rigged game.   I long to spend some time in a room with people doing what they love where nobody needs to dominate or be in charge.   There is an intelligence in a group of people that needs no firm hand telling it how to think, what the best way is.   You don’t see it in action often, which is very sad, but you can see it once in a while.  A group of old friends sitting around where nobody needs to be the boss.

Ah, but listen to me go on…

 

[1]  With our usual caveat:  the theory of evolution is universally accepted by educated people except among Republican presidential candidates who are obliged to challenge it for political reasons as they cater to a vast group of American Christian fundamentalist voters who resist anything about Creation that contradicts the word of God, as they are taught it.

Anger, like longevity, has its place

My father, like most people who were viciously abused as children, was subject to rage.   When he was treated unfairly, received shabby customer service, when he confronted the most brutal things his government was doing (he spoke less of this category as time went on) when he felt disrespected, he could be angry for days at a time.  He’d marinate in his anger and hurt, ruminate, as they say now, chewing on the indigestible cause for his righteous rage like an agonized ruminant.  

He sometimes experienced physical manifestations of his anger and frustration.  During my childhood his psoraisis, which covered much of his body, would sometimes flare up.  His skin would crack and bleed, the tar baths and light treatments he took at home would no longer help and the only relief would come in a hospital.  In the hospital, the pressures on him and his frustrations greatly reduced, with only the job of getting better to focus on and many treatments employed, his tortured skin would recover within a few days.  

Being the son of an angry man, a father who often took his frustrations out on my sister and me, with projection often coming into play (my teenaged acne was my hate and rage oozing out through my pores, for example), I made overcoming my own anger a lifelong priority.  Yet any reader of these posts will quickly see that, while I have spent a long time consciously practicing my secular version of ahimsa, I am still angry enough to, for example, wish horrible retribution on pampered people who cheer America’s military might while ignoring the indiscriminate slaughter of innocents during air strikes of dubious military usefulness.    It is not a gentle thing to opine that it will take having their own children reduced to chopped meat in a drone strike to give them any insight into the highly destructive evil they are applauding and, in some cases, profiting from.

I realize now that it is not always desirable, or even possible, to avoid anger.   We are correctly taught that the only thing necessary for evil to flourish is for good people to do nothing.   Evil, injustice and indifference must be opposed.  It is best, of course, to do it effectively, without violence or escalation, without letting oneself be consumed by the anger.  Ahimsa includes speaking calmly and clearly to evil and indifferent people and being steadfast in continuing to do what needs to be done to change the intolerable situation.  One thing that is necessary for operating this way, or at least very helpful, is a like-minded community, or the whole-hearted support of at least one other person.

Driving in the rain with an old friend the other day the subject of anger came up, as it occasionally does between us.   Raised in a home where he was also subject to irrationally harsh treatment at one second’s notice, it is not necessary for either of us to make more than a quick reference to set the stage for a story of a near-confrontation with an abusive type.   We both have become better at dealing with overbearing, abusive types, but the frayed nerves and the childhood reflexes, the palpable danger of reacting emotionally to the situation, are all still very much there.  

He seemed mildly amused that I was “unable” to refrain from telling a harsh truth to a bureaucrat, the head social worker for a hospital where a ninety year-old friend of Sekhnet’s languishes in misery.   I acknowledged to the social worker that the old woman was difficult, pointed out how depressed she was, but was obliged to express my doubt that the social worker was taught in Social Work school to blame the patient for her own unhappiness.  I included this opinion in an email seeking, for a third time, an answer to a straight-forward medical follow-up for the old woman.  My friend smiled and shook his head, here I was, still unable to keep myself from throwing a little sterno on the old fire.

I spared him most of the details, just told him I was responding to a bad email written by a non-responsive jackass who was abusing a friend of Sekhnet’s and blaming an old woman for her situationally appropriate misery.

The details: instead of providing the results of the eye exam the woman had a month ago, and telling us why new glasses were not being made, as she promised, the head social worker once again promised to follow-up but spent most of the email detailing what a stuck up, miserable, uncooperative snob the patient is, how she refuses to make friends and to participate in the many monthly programs they periodically hold for patients.  A tour de force of blaming the victim, the best defense a good offense, ’twas like the breath of an unwashed asshole, venting. [1]

The old woman feels isolated and imprisoned.   She is depressed by the objectively depressing situation she finds herself in.  Many of the other patients on her hospital ward are demented, many speak no English.  The services they receive are minimal.  The food is rich in white flour and potatoes, noodles and potatoes are often served on the same paper dinner plate.  An independent, health-conscious and active woman into her late eighties, she fell and broke her hip and is now spending the rest of her life locked in this far from ideal Medicaid ward, a place she had no hand in choosing.  

Her one refuge was reading, but she can no longer see well enough to read.   After much exertion by Sekhnet and me, an eye exam was scheduled for her.  It took a few months but was finally done on March 25th.   She heard nothing further from anyone after the exam.  We followed up.  The head social worker responded that she would follow up to see what happened.  

When we followed up a second time we were treated to a long analysis of what a difficult, stuck up asshole our miserable friend is.  The question of her vision was never dealt with, except by another reference to following up with the medical department.   The social worker’s prose is appended at the bottom, read it for yourself.  She is a wonderful example of her type and very eloquent in expressing it.

This would seem to be a small evil, unless you are an old woman with no other options, kept against her will, in a Medicaid ward at a bare bones hospital on the Lower East Side.  I’d be within my rights, I suppose, to sarcastically thank the head social worker, who wrote to tell us she will no longer answer our emails since we misconstrue them and accuse her of writing things she never intended.  If you have the stomach for it, read her masterful prose poems below, judge for yourself.

I’d be within my rights, I suppose, to write, my toes still almost on the edge of the high road:  Hopefully you will never find yourself old and helpless and at the mercy of a merciless bureaucrat.   If you did, it would only be karma, and if that offends you, I deeply apologize for speaking the unflattering truth.

And cc the entire non-responsive correspondence to the director of the hospital, the hospital’s patient advocate (if any), the State Ombudsman, NYC Department for the Aging, the NYC Public Advocate’s office and anyone else who might give a rat’s ass or make this unaccountable corporate “social worker” have to defend her actions and non-actions.  

True, it seems like a lot of energy to spend, energy that might be better spent elsewhere, unless you consider the understandable despair of this abandoned old woman at the mercy of a system that clearly sees her only as a source of Medicaid payments.  Suppose she needs lasik surgery– that would probably come out of the Medicaid payments otherwise payable to the hospital for her maintenance.

The same way I find it impossible to forgive the unrepentant self-justifier, who, instead of acknowledging hurtful behavior, defends it with energetic hostility, anger at this type is still unavoidable to me.  The one thing to consider, in the case of this particular career bureaucrat gatekeeper, is if trying to hold her accountable will make things better or worse for our friend Margaret, locked up under the supervision of this creature.  

I would truly like the serenity to be able to stop thinking of galling, seemingly unresolvable, things like this, but they sit across my throat like sharp, jagged bones.  This is one of three or four such bones, crosswise in my craw right now, most related to the near impossibility of finding decent medical care at any price, and it is the only one I can theoretically do anything about at the moment.   Here the creature speaks for herself, in response to why there is still no report on the eye  exam, and then on why she will no longer answer our emails:

[1]  Ms. H_____ has rejected every attempt to have her involved in additional social situation.  She finds everything we offer beneath her.   Attempts to pair Ms. H______ with other residents (who have similar backgrounds and interest) to share stories and or for stimulation usually ends up with the other resident feeling bad about themselves because Ms. H_____ feels that they are not educated enough or somehow not smart enough for her.  I not sure what else the staff can do but continue to encourage Ms. H______ to engage and continue to invite her.

Getting Ms. H______ to attend her appointments is not without challenges.  She usually tells the staff that she will go later or tomorrow.  The staff reminds Ms. H_____ of the appointments in advance but still are faced with the stalling and delaying suggested by Ms. H_______ the day of the appointments.  The ophthalmologist has not indicated any need for eye glasses on his last consult 3/25/2017, I am asking for additional clarity as to why.  The team is aware of her upcoming appointment with the dentist on 4/20/17.

Ms. H______ is on the list to receive pet therapy, however pet therapy is a special event and not offered often.   I cannot tell you when the next pet visit will be at this time.  The recreation therapy department head is aware of the request and has assured me that Ms. H______ will be involved in the next pet visit.

her last email, which opens with a classic “if-pology”, if you are an asshole, I am truly, deeply sorry:

Good Morning

I apologize if that is how you and Ms. W______ have read into my email.   I was  stating facts of her behavior, I never blamed Ms. H_______.  Staff continues to encourage and support Ms. H_______ well-being.

Further updates to you and Ms. W______ will be done in person and with the team from now on.   I don’t want any further misunderstanding that emails often lead to.

I thank you for your response and continued support of Ms. H_____ and the Staff here at ______.

Oh, there will be no further misunderstandings, dear, none whatsoever.

More Dead Children

Democracy Now reports today that nine more children were  reportedly killed on Monday, outside the Syrian city of Tabqa, near Raqqa, as American-led coalition air strikes blew the shit out of their families.    Two of the kids were babies, one a toddler, the other six months old, too young to toddle, but that’s the price of freedom, one supposes.  Also the price for being born in ISIS’s capital in Syria.   It is best if we don’t think of collateral damage as having names, though Amy Goodman recited the names of the two youngest dead and showed photographs of them.

I know the number of dead children in the link to the Minnesota Public Radio article above was less than nine, the mass-media is pretty hard-pressed to keep track of all the civilians reduced to collateral damage over there.  In fairness to them, Americans have more pressing things to worry about than dead kids in some far off war-zone, even if we ourselves are killing them.  The mass media reports on what people want to know about.  Here’s a recent one from the NY Times, which can’t be faulted for not covering every such terrible event.  

I am beyond being sickened at the cheer-leading by wealthy mass-media talking heads every time an American president rains down death like a super-virile psychopath winning a video game.  Pundits of many political orientations raise their voices in a chorus of awed praise when an American president launches an impressive number of explosives and the explosions look dramatic.  “Now this despicable, divisive weasel is finally OUR PRESIDENT!” they gush in unison under the rockets’ red glare.

There are, I assume, rare strategic situations where we have good intelligence that a particular group of very bad actors, bad hombres, you know, are in the final stage of planning some mass murder.   A rare strategic situation where we know with virtual certainty that by killing these people, and even any innocents around them, we will prevent mass killing of many more innocent civilians.  Not many people, not even a ‘bleeding heart’ like myself, would object to lethal state action under this rare, unambiguous, self-defense scenario, killing a few violent ones to prevent a much worse slaughter.  

That said, “killing your way to peace” is generally just a way to kill and spend billions keeping the lucrative killing machine killing.   Killing for peace is like fucking for chastity, as the old anti-war t-shirt used to read. The scenario where you drone the actual murderers as they are on their way to commit mass murder might be as rare as the ticking time bomb hypothetical used by patriotic American tough guys to justify America’s use of torture.  

You know the one: to save a football stadium full of innocents who are sitting within range of the ticking time bomb you have to torture the bomber til he gives up the location of the bomb and the code to disarm the bomb.  

The absurdity of this scenario is underscored when you consider the high-minded, committed type of fanatic who would plant such a bomb and be willing to die to serve his perverted notion of the holy.  

The other side of this argument —  that we must be as violent as our most violent enemies — of course, is that even though neither of these situations might ever have happened, it doesn’t mean they are not real hypotheticals. This logic is an example of why it is almost always pointless to argue with true believers.  They will stop at nothing.

  In a case where you could have targeted the nineteen fanatics who were about to blow up the airliners and all the people on 9/11– sure, bombs away, kill them all.  Fuck ’em, drone ’em, drown ’em.  Bring ’em back to life, kill ’em again, repeat.

Most of the airstrikes being launched by our military are nothing like that, though.   The MOAB (“Mother of All Bombs”, tip of the hat to the lynched Saddam Hussein for that great name), that giant American bomb exploding a square mile of Afghanistan a week or two ago — the one that made this shaky, greedy, deliberately ill-informed president suddenly appear so irresistibly presidential to the mass media– nobody knows what that was for, exactly, though we must say, it appears to have served its intended public relations purpose.

I don’t wish anything bad on these talking heads on TV who applaud indiscriminate, dramatic destruction, nor on the career politicians who advocate and applaud unlimited murderous airstrikes.    Oh, actually, just one bad thing, a drop of Biblical-style justice.  Let their young children be accidentally reduced to chopped meat by missiles launched in American-led coalition airstrikes, you know “friendly fire” collateral damage.   Might change the timbre of their fucking hosannas to American presidents who commit these things once quaintly considered war crimes.  Might make them slightly more circumspect about beating the war drums and cheering into the megaphone when the president blows things up, or when the going starts getting tough for them.

Detention

New York State has a little known legal procedure called Article 78.  Article 78 allows you, once you’ve “exhausted all administrative remedies” with a government agency, to apply to the court for relief if you’ve been deprived of something without a good reason.   The government agency, like most private businesses, which are given tremendous latitude with the profit-based “business judgement rule”, can show virtually any reason for its actions.   As long as there is any reason at all, even a theoretical one, you lose again.   The burden is on you to show that the decision is based on nothing at all, is, in fact, “arbitrary and capricious,” in the words of Article 78.

Presumably if the ruling is simply arbitrary, too bad.  If the decision is capricious, without also being arbitrary, it is upheld and you are, once again, shit out of luck.  You must prove that no evidence to support the decision against you was submitted, that your evidence was ignored, that the agency didn’t follow its own policies, that your opportunity to be heard was utterly devoid of any of the niceties of due process.   Arbitrary and capricious is a low bar, in fact, it’s a bar painted on the ground, almost anything can drag itself over it.   Still, it’s surprising how many bureaucratic decisions are both arbitrary and capricious.  

The punchline, of course, and you know there has to be one in our puckish legal system, is that the statute of limitations to bring an Article 78 proceeding is arbitrarily and capriciously short, either 90 or 120 days, depending, and good luck figuring out which applies to which agency.  Once your SOL is up you are SOL*.  

There is also no requirement that decisions subject to Article 78 review inform you of the existence of Article 78.   That would give people who are arbitrarily and capriciously fucked an unfair advantage, obviously.   The best thing to do, if you know a lawyer who tells you about Article 78, is get your papers ready to file in court before the decision against you is made.   

I am thinking of Article 78 out of the blue, another example of the way our laws are set up, with every appearance of fairness and transparency, but written as compromises with the powerful to favor those powerful entities who like their sex with or without consent.   Many of the indignities suffered by masses of people are covered under the maxim de minimis non curat lex, “the law does not concern itself with trifles.”  I was in court today, on jury duty, and I was reminded of the whole hideous enterprise as I bided my time waiting to be dismissed from service.

At lunchtime I went over to Chinatown, passing under part of the Lower Manhattan Detention Center.   I recall it was still being built in 1991 or ’92 when I took my third grade class from Harlem to Chinatown on the A train.  The parent chaperones didn’t show up on the day of the trip, and against the advice of all of my colleagues, me and about eighteen little Harlemites made our way, on a very hot day,  to amaze the waiters at Hop Kee with the kids’ skill with chopsticks.  It was a great trip.  

On the way back to the A train we passed the Detention Center, then still under construction.   A worker was hosing down the wet cement.  Fatima, looking thirstily at the splashing water, asked me if the man would give them a drink.  I said I had no idea, suggested she go find out.  She asked him and he smiled and patiently held the hose as all the kids drank their fill.   Fatima was delighted with herself and told me happily, her face gleaming with water, “see, Mr. Widaen, it never hurts to ask!”

That detention center was at the time named for Bernie Kerik, a crony of Rudy Giuliani.  Giuliani, a glory seeking, autocratic, former federal prosecutor, was mayor of New York at the time.  He told his cops to take no shit from punks on the street.  Under his watch the city quietly paid millions in police brutality cases, and no doubt saved just as many millions in cases that were never brought, like the ones where all the punks/victims were deported.  Kerik was Giuliani’s friend and enforcer.  

The complex of holding cells by the criminal court was called the Bernard Kerik Detention Center while it was being built and for years, until, in fact, the very day Kerik was sentenced to prison time for being a flagrantly corrupt and lawless asshole.   I saw the next day that the sign had finally been changed.   I think it’s called the Lower Manhattan Detention Center now.  I passed it on the way to and from lunch today.  It got me thinking about detention.  

An abstraction to most Americans, the lock-up is  also brutal reality to millions of Americans.  We have more people locked up here than any nation in the civilized, or even uncivilized, world.  A chart I saw the other day, based on FBI statistics, shows that 46% of the current American federal prison population is locked up for nonviolent drug-related offenses.  This site has some good charts and articles, click through the charts midway down the first page to see some eye-popping statistics.  (“The death of one man is a tragedy, the death of a million is a statistic” — attributed to Stalin).

My point is, in America, for the crime of preferring one recreational drug over another, you can be locked up for a long time.   In 2017, under a law pushed through by Nixon to punish and incapacitate his hated enemies, hippies and blacks, to fuck them up in perpetuity, going on fifty years now.  It’s the law, so be assured there is nothing arbitrary and capricious about it.

The power of state violence is an awesome thing we are all grateful for when it is used to save us from violence, from predation.  Some people are violent criminals and need to be taken off the street.  Forcing a non-violent person, who threatens nobody, to lie on the ground at gunpoint, shackling them, shooting them, locking them down, are not things to be done lightly.  Except that here, increasingly, they are, by militarized police departments for offenses like disrespect and running to escape prison time for the illegal drugs in your pocket. 

I felt like a fish in a frying pan today during seven boring hours on jury duty– the full power of the state and its armed agents ready to slap me down if I did something stupid.   Imagine being locked in a cage, subjected to the violence of the state day after day after day, say the wrong thing and get a crack across the face.  Your word against mine, maggot.   Solitary confinement for you, asshole. Picture being locked up awaiting trial and sentencing to a long term in the slammer because you like to drink scotch rather than bourbon.   USA!  USA!!!!

 

*  Louis Armstrong recorded a tune called SOL Blues, Shit out of Luck Blues.  SOL is also a law student abbreviation for statute of limitations, the timeframe for bringing a legal action.

Tin Soldiers and Nixon’s Coming

Not what I need to write today, as vugging tempus sneakily continues to fugit, but this is on my mind and won’t take long.   Americans don’t learn much from history, as even a quick glance back to the not too distant past will demonstrate. 

In the early twentieth century many American workers were, apparently, heavy drinkers.  Their lives were hard, no laws protected them at work, they weren’t paid much.  When they got paid, many of them went and got drunk.  Saloons were everywhere, as were stories of families destroyed by drink.  A temperance movement, led by militant women and Christian soldiers, supported by xenophobic elements who hated the hard-drinking immigrants, managed to organize and pass an amendment to the U.S. Constitution prohibiting the manufacture and sale of virtually all alcoholic drink.  

Prohibition was, by every account, a dismal failure, it did not even curtail alcohol consumption.  It gave the consumption of illegal alcohol a titillating cache, made it cool, added a naughty thrill to getting tipsy.  Prohibition failed in every respect but one — it created a class of super-wealthy criminals who organized their businesses to provide illegal booze to anyone who wanted it — and millions did.  These mega-criminals did not hesitate to arrange bloodbaths when necessary to protect their lucrative empires.   After twelve or thirteen years of futility, at the depths of the Great Depression, another amendment to the Constitution ended the failed experiment in legislating “morality”.

 Around the time Prohibition was showing itself to be a dead end another intoxicating substance was targeted for prohibition.   Cannabis grew like a weed, is called ‘weed’, and was enjoyed by many the same way martinis are enjoyed at the country club.  It gives users a nice buzz.   It was a favorite drug of Mexicans, jazz musicians (“Negroes”) and other outsiders.   It was targeted by some of the same xenophobic, racist fucks who had driven the Prohibition bus.   It was criminalized as part of a lifelong crusade by a powerful and unlikable fellow named Harry Anslinger, Assistant Commissioner of the Federal Bureau of Prohibition (1929) and Commissioner of the new Federal Bureau of Narcotics from 1930-1962.  

Anslinger was the genius behind such masterpieces of public enlightenment as “Reefer Madness” a terrifying (or hilarious) depiction of the unspeakable evils that flow sensuously from the inhaling of these poisonous, anti-American vapors.   I remember watching that film through a haze of marijuana fog at the Elgin theatre, around 1972.  Much of the dramatic dialogue was drowned out by the guffaws and cackles of the crowd, high on the evil weed.

I remember Anslinger from a report I wrote in high school on the prohibition of cannabis, which he called “marihuana”, to emphasize its subversive foreignness.    I wrote the report under the influence of ‘marihuana’ and I remember how wry I felt the next day when I handed it in.   Anslinger was a dick.  Like many white men of his time, he was free with his hatred of blacks, Mexicans and other ‘outsiders’ and would never dream of not saying the entire “n-word”, as was his right back then, as it is now, after a quick glance around.  

Among his other accomplishments, Anslinger had the ailing Billie Holiday handcuffed to her hospital bed as she was dying to make sure she faced justice for her abuse of drugs Anslinger had crusaded against.    This was after years of persecuting her by denying her the right to earn a living (no cabaret license to perform in clubs) after her arrest for heroin possession.  He had similar campaigns, although less successful, against musicians like lifelong viper Louis Armstrong. 

A few decades later we come to President Richard Nixon, a socially awkward man of great intellect, fierce anti-Communist HUAC (“House UnAmerican Activities Committee”) prosecutor, a suspicious, even paranoid, man hated by the progressive forces that were at the time in ascendance.   He may not have welcomed the hatred of those who hated him, as the cheerful FDR famously did, but he was determined to prevail over them.  

Nixon won impressive electoral victories in part by courting racist southern Democrats with his “Southern Strategy” that brought these angry states’ rights conservatives, who’d been betrayed by LBJ and his federal Civil Rights legislation,  into the Republican fold (where they remain to this day).  Nixon shrewdly realized he could further divide the country, and more effectively rule it, by criminalizing the favored drugs of those who hated him, giving him a truncheon to smash them with.  He could use the law to vilify them, raid their meetings, break up their demonstrations, jail the lot of the lawless fucks.   The law was the Controlled Substances Act of 1970.   It classified illegal drugs according to their danger.  

Schedule One was for the most dangerous drugs:  heroin and marijuana, LSD, psilocybin mushrooms.   These drugs, according to the law, had no medicinal value, were highly addictive and very dangerous even under strict medical supervision.   On Schedule Two we have drugs like crystal meth, cocaine and prescription opioids, less addictive, less dangerous drugs with some redeeming values, according to the drafters of the Controlled Substances Act.   There are also schedules 3, 4 and 5, progressively less dangerous, but still highly regulated, drugs.  The CSA was passed in 1970, at the height of the anti-war and Civil Rights movements (and the birth of the environmental movement– the first Earth Day was in June 1970), and, unaccountably, remains the law of the land to this day.   I was probably writing that report on fucking Anslinger around the time the CSA became law.    

Nixon, we learn, was drinking more and more heavily, eventually getting drunk every night, as the pressures of being a divisive and largely hated president began crushing him.  The “Silent Majority” loved Nixon, because he was tough on crime.  One of the crimes he was toughest on was illegal drug use.  The drugs he declared war against did not include the ones that have done the most damage over the years, the ones currently causing the most death and misery: meth, opioids, alcohol.  He declared war, primarily, on the Schedule One drugs, heroin the preferred drug in ghettos nationwide, perceived and characterized as a “black drug” and marijuana, the drug of youthful rebellion against guys like Nixon.

In 1973 Nixon created the Drug Enforcement Agency.  What good is a law without a powerful, militarized agency to enforce it?   Zillions of dollars, and many lives destroyed by federal drug convictions and long prison sentences (overwhelmingly for black and Hispanic drug users) later, Nixon’s war on drugs still rages.   It is responsible for, among other things, a vast, violent Mexican drug network and vicious drug cartels everywhere illegal, highly-demanded drugs are produced (except in California, where the scene these days, I’m told, is fairly mellow).

In recent years the trend has been to recognize that marijuana is far less dangerous than methedrine, cocaine, prescription pain-killers, even alcohol. There are a host of proven medical uses for cannabis, proven in spite of the decades-long government-imposed difficulty of obtaining it for medical tests.  Still, it’s on Schedule One and, under the CSA, the DEA has the power to break down your door if a neighbor smells weed.   It doesn’t happen much nowadays, but federal law would allow it.

As an attorney I’m required to take Continuing Legal Education credits every two years to keep my license.  Being forced to take these courses is a gratuitous kick in the balls, particularly to an attorney who is not in active practice.   Most of these courses are awful.   In the current cycle I took a series online about the marijuana laws.  The courses were somewhat interesting, if also horrifying.  I learned the history of the CSA and how it pre-empts local laws about drugs.  State drug laws must be carefully crafted not to conflict with provisions of Nixon’s CSA or the federal government can sweep in with SWAT teams and fuck stoned people up, whatever the law of the state may otherwise allow.  The Obama administration had a policy of not interfering in state law on the matter of marijuana.  The new administration is overturning all of Obama’s policies, including this one.

Criminal law under our federal system is a matter for the states, each state has its own criminal code and penal laws.   Conservatives, like the Confederates who left the Union over the issue of slavery, generally are champions of “states’ rights”.   The theory is that the locality should decide what laws it wants and which it doesn’t.   There is a certain logic to this position in a nation as large and regionally diverse as ours.  One notable exception to this local rule, in the inconsistent world of modern conservatism, is enforcement of federal drug laws.  

We were treated recently to the strains of this modern conservative inconsistency delivered in the dulcet tones of the new attorney general, a southern boy once rejected from becoming a federal judge for his selective color-blindness, who stated flatly, like Nixon before him, that “good people do not smoke marijuana.”   I’m sure he’s right.  

In fairness to the Attorney General, nobody has ever proven beyond a shadow of a doubt that Jefferson Beauregard Sessions III has any connection whatsoever to organized racists like the Klan.  The guy just gives you a sneaky feeling about his sympathies and lack of them.   He was appointed by President Trump, a man of supremely flexible principles, who rewards loyalty, and Sessions has demonstrated fierce loyalty, so there’s that.  

Justice Neil Gorsuch, by the way, was the fifth and deciding vote the other day to let Arkansas execute a death row prisoner, who just happened to be black, right before time ran out on the drugs they’d use to kill him with– never mind testing the DNA evidence against him.  Just sayin’.

Anyway, just a whiff of which way the wind is blowing for those too impaired by murderous drugs like weed to know how… what was I talking about?

 

Goodbye to an All-American Blowhard

We get mad.  Even the most even-tempered among us lose their temper from time to time.   The human condition, you might say, is to get mad when enough shit has been heaped on us, or we are brutally misunderstood, or betrayed, or when our noses are rubbed roughly in our powerlessness.  

Angry people admire and tune in to folks who can articulate their anger for them.   Anger, along with its kissing cousin terror, both of which justify the unthinkable, is a driving force of the economy, politics, of many human associations.   Find a spokesman who can speak the exact language of rage for your demographic and you can make millions and rule.   Literally rule, yo.  So it is with the superstars of hate radio and, in the case of the equally talented, fair and balanced hate TV.  

You have guys like Rush Limbaugh, a notorious war-supporting draft dodger opioid addict and serial violator of our draconian drug laws (laws he supports, when applied to bad people), bloviating (a word he brought back into common parlance by his example) with “talent on loan from God” about the plague of horrific lawlessness committed by “feminazis” and other despicable enemies of the common man and woman.    

My father used to get a perverse kick out of listening to the brazen Limbaugh, a facile liar undeterred by any fact put in his way.   My friend Tex was horrified to report that his daughter heard Limbaugh, alone of all American domestic radio programming, on Armed Forces Radio when she was stationed in the Middle East.  The echo chamber for millions provided by the well-funded merchants of rage and state violence.   Good for business, good for jobs, good for America.

Now, I come from a long line of oppressed people, all but four of them in my grandparents’ generation slaughtered, so I’m not really one to talk.  I don’t feel the same robust identification with the ruling class of our great nation that those who pump their fists at Trump rallies do.  Change the names and these hateful ideologues could have been ordering the extermination of my family, just like German and Ukrainian leaders, back in ’42 and ’43, ordered the torture and murder of my whole extended family, with very few exceptions.  Oversights, really, they’d have liked to have killed us all.  

So, I am prejudiced and I take it personally when I hear of more than 1,000 dead civilians in Syria and Iraq this month, killed by America and her allies, described casually as collateral damage, the price of freedom, the price the anonymous dead must pay for our new president to be applauded for being presidential.      

By the way, I don’t put all the blame for the massive increase in civilian deaths on this shaky new demagogue we have in there now.   It did not surprise me to learn that in December our outgoing Nobel Peace Prize laureate president, knowing the kind of creature who was succeeding him, authorized military commanders on the ground to have more autonomy to call in air strikes and so forth.  

When the fighting against ISIS, or ISIL, or whatever their brand is today, was not in densely inhabited population centers, fewer civilians died.  Now that the fighting is downtown, commanders cannot always control how many innocents will die in a given air strike as, no matter how smart the bomb, kids and old people are going to get in the way. 

I don’t take it as particularly good news when one hypocritical, sanctimonious purveyor of hate goes down.    They are cranking out newer and better models of these types all the time, market-tested and ready to cash in on rage.

Still, I thought this nicely conducted chat between Russell Brand and one such recently demoted blow-hard was very well done.  Brand makes many good points and is occasionally very funny.   How much you enjoy it will depend, in part, on your threshold for hateful pontificating.  Personally, I loved seeing an intelligent and thorough refutation of every idiotic point the millionaire blow-hard manfully made.   Enjoy!

Tempus Vug It (Part Two)

“But wait a second,” said the college kid, a bright young man with an inquisitive mind, “if you already got this old man the deal that anyone would have wanted you to get for him, why is this judge busting your balls?  Is a judge allowed to just do that?”    

I was impressed by how simply he stated this question of fundamental fairness.  

“Well, actually, strictly, legally, no, not really, a judge can’t just randomly dance on a lawyer’s balls, beyond a certain point.  It would be an abuse of discretion for the judge to give the lawyer more than a little bit of shit, even worse in  the case where the lawyer had provided his client with the highest degree of professional service.  So, the plain answer to whether a judge is allowed to just do that?’ is ‘no, not allowed.'”

The young man looked up at me quizzically, his expression confused, open-minded and ready to laugh.  

“I understand,” I said, “I know that sounds confusing, because I am a lawyer, I’d done my job diligently, and I was getting random shit from some snippy young cloaca of a judge, something the judge is not allowed to give to an attorney for no real reason like that.   Here’s the thing: as a Guardian ad Litem, even though I am a lawyer, I am in court in that instance not as a lawyer but as a friend of the Court, someone to advocate on behalf of the respondent who cannot adequately advocate for himself.  Strictly speaking, I appeared in those cases as the tenant, not the lawyer for the tenant.”  

“OK,” said mother and son in unison, neither of them grasping the fine, somewhat mad, legal distinction I was talking about.  

“I have to give you a bit of history.  Does the name Eleanor Bumpurs mean anything to you?”  It didn’t, the young man hadn’t been born when the tragic New York City story had been in all the papers, his mother had been living in California at the time.

I told them the terrible 1984 story about the agoraphobic Brooklyn woman with severe mental problems shot to death in the front hall of her NYCHA apartment by the law enforcement officers who were trying to evict her.  She’d been summoned to court for nonpayment of something like $100 in monthly rent.  She may have missed two or three months rent by the time they summoned her to court.  She never appeared in court, so she lost automatically and they sent her the paperwork telling her she had to leave or be evicted.   She’d been refusing to pay because, among other things, Reagan’s people were leaving cans of human feces in her bathtub.  

After Ms. Bumpurs was killed, and the settlement paid to her family, the city brass put their heads together.    There is no legal allowance for a right to free court-appointed counsel in eviction cases.  This is based on a peculiar, legally attenuated, definition of the word ‘jeopardy’.   Jeopardy, for purposes of a constitutional right to counsel, is when you face the possibility of imprisonment for a year or more.  Homelessness is considered a bad roll of the dice, constitutionally, not ‘jeopardy’ for purposes of triggering the right to court-appointed counsel.

“That’s very fucked up,” said the young man.

Yes, but they found a work-around, in the wake of the Eleanor Bumpurs shooting.   The Chief Administrative Judge summoned the wisest minds of the new New York City Housing Court, bastard step-child of the New York City Civil Court.   They came up with an excellent work-around for the usual right to counsel business that would protect tenants like Ms. Bumpurs from her arbitrary and capricious state killing under cover of law, or at least from homelessness that could be prevented.  It was an excellent decision.    

They created the deeply flawed Guardian Ad Litem (“protector for the suit”)  program,  a good program that had a series of distracted, part-time, ineffective administrators.  The judge would appoint a “GAL” to stand in the shoes of a person not able to adequately defend themselves against an eviction attempt.   In the early years, lawyers did most of the Guardian ad Litem work and it saved Housing Court judges from a great deal of grief, dealing with lawyers instead of mad tenants.   The program also had the effect of providing capable court-appointed lawyers for indigent, vulnerable tenants facing eviction.  

Initially most of the Housing Court GALs were lawyers, but I believe that presently no GALs are lawyers.  There is no requirement that a GAL be a lawyer, and as time went by, and GALs were treated by the court with less and less respect, and paid a modest flat fee for an often enormous amount of work, sometimes including multiple Orders to Show Cause and a dozen court appearances, it became untenable for lawyers to act as Housing Court GALs.  A list of modestly trained free-lance citizen GALs took over for the lawyers, and problems with the program began multiplying.

“Yes, OK., but, in court, aren’t you still a lawyer?” said the college boy with a smile.

I tell the boy that I am, indeed, but that de minimis non curat lex, as they say — the law shits on your little troubles.  I then recount the story my mother told me of a man she had some business with.  She’d asked my legal advice, and I’d given it to her firmly and simply as I could.  I told her exactly what she needed to tell him.  She somehow told him exactly the opposite of what I’d coached her to say.   She protested that her son the lawyer had told her to say exactly what she had said.   “Your son must be the dumbest lawyer in New York,” said the man, not unreasonably.   Now, in the context of that story it’s up for debate, in the context of my life story, he has a pretty strong case.

I described how virtually all of my work was standing in the shoes of tenants deemed unable to adequately defend themselves against eviction.  I am in court not as their lawyer, but as them.  They have already appeared in court and the judge has decided, or an inept agency called Adult Protective Services has moved the court that the tenant cannot effectively advocate for themself.   It may be because of some mental problem, or a strong personality quirk, or physical infirmity, advanced age– it just has to be an articulable suspicion that the person needs someone else to play the part of them for the legal proceeding that could render them homeless.

So, at any given time, I am standing in the broken backed, smelly, perforated shoes of twenty or thirty such poor devils.  I’d say 75% truly need the help, and appreciate it, 15% are too crazy or otherwise debilitated to connect with and the other 10% are professional grifters who get thousands in back rent paid on their behalf every few years so they can spend all their money on booze, or prostitutes, or whatever it is that makes their lives worth living.  

One crazy old guy, who loved cocaine, lived with a crack addicted hooker and the two of them, for whatever reason, moved their bowels into plastic bags that were left all over the vermin-infested apartment.  In court, the part of this insane bastard, who was not required to show up in court at all, was played by me, over the course of many months.   My pay for this court-appointed role play was a flat $600, whether I appeared once or a dozen times.  Most often I had to show up at least four or five times.   

As a result of this quirky system that required me to do an ongoing tap dance in front of judges while the overwhelmed agency dithered, and the interminable delays in Adult Protective Services providing services, which caused me to appear month after month after month on most of these sad cases, some judges regarded me with a certain distaste.  Articulate, capable and despicable.  In the way that certain bitter people come home after a bitter day and kick their cringing dog, lawyers that were in my line of court-appointed work were available for booting, whenever the pressure mounted on certain of these judges, those least endowed with what we think of as judicial temperament.  

 

“So you’re telling me that you are unwilling, are refusing, to go see the tenant, to meet and consult with your ward?” demanded the judge, at 12:42, as the clock was running out on my poor mother’s plans for lunch.  

This was right after he asked me why I took the case if the tenant only spoke Spanish and I spoke almost no Spanish.  He didn’t it like him when I told him his court attorney had assured me the language issue was not a problem.  At any rate, I had to speak to his worker at Adult Protective Service to work on his case plan anyway.   Whatever I did for him in court was based on what APS would be able to eventually do on his behalf.   There were only so many ways these cases turned out: pay the money, cure the nuisance, get an Article 81 guardian.

He didn’t like any of that at all, that I kept having all the damned answers to everything he threw at me.   He could not afford to look bad in front of those two law students, I suppose.  He told me he would not sign the stipulation and that he was adjourning the case to allow me to go visit with the tenant and then report back to the Court, which is how he referred to himself, with legal precision if not humility.  This is the way a judge did it, he demonstrated to the law students.    Josh put a hand on my sleeve, regarded me sympathetically, urged me quietly to remain calm as snarls began forming on my lips.  He put his hand on my shoulder as we walked out of the courtroom at 12:45.  

It was at best 50/50 that I’d make it down to the NYCHA Part in time to find who I needed to adjourn that last case.  By 12:40 people started heading off for an early lunch, though the courtroom was technically open until 1:00.  I had visions of not getting out of court until 3:00 or later, because this immature weasel of a judge had made me wait ninety minutes to force me to do something unnecessary, something that could not help my client in any way.  It would, of course, show that he covered his ass with the letter of the law, which is no small thing I suppose, and there was nothing I could do about it anyway.  

The top of my head blew off just as I reached the door of the courtroom.  Shoving the door to the hall open I snarled to Josh, not using my inside voice at all, “why is he being such a fucking dick?!!!”  Josh, a man built like a bull, quickly pushed me into the hall and pulled the door closed behind us.

(to be continued, as tempus fugit)

 

Collateral Damage

No American should be overly upset by this, one would have to reluctantly agree, particularly since there’s nothing anyone you or I know who can do anything about it.    The old prayer about having the serenity to accept the rape and murder of children if you can’t do anything about it comes to mind.  

In war civilians die, we now call it ‘collateral damage’ instead of murdered children, old people, regular law-abiding citizens.  ‘Collateral damage’ is so much more comfortable than ‘slaughtered civilians’, it’s just one of those inevitable, collateral things, right?

The current president, a man-child whose entire philosophy of life is “winning”, whatever that means and whatever means must be taken to achieve that ephemeral goal,  dropped the “mother of all bombs” on a section of Afghanistan the other day.  The GBU-43 Massive Ordance Air Blast, the largest non-nuclear bomb in the American arsenal, a giant weighing 21,600 pounds, the equivalent of  eleven tons of good old fashioned TNT, has a blast radius of one mile.  It creates a fire storm that sucks the oxygen out of the air in the blast zone.

The coverage of the bombing in the mainstream media, like the media’s reaction to the recent telegenic night-time cruise missile strike on the Syrian air field, has been one of almost unanimous praise.   We are asked by wealthy talking heads to see such violence as bold, decisive and ‘presidential’.   Here is a wonderfully modest quote from the man himself, “very, very proud” of the military might he manfully unleashed against America’s godless enemies:

“If you look at what’s happened over the last eight weeks and compare that to what’s really happened over the last eight years, you’ll see there is a tremendous difference. Tremendous difference.”

 

One tremendous difference is the dramatically increased number of dead civilians since this decisive new leader has taken over.  The dropping of the “mother of all bombs” follows the worst month for collateral damage in Syria and Iraq.  In March 2017 more than a thousand collateral damage losers were inadvertently taken off the books by the good guys due to the increased ferocity of a military unleashed by the candidate who won applause for vowing to “bomb the shit” out of those murderous fuckers who hate our freedom.  

Of course, you’re right, this is all very depressing and there’s not much any of us can do about it.   In a more decent world, we would be shouting, and marching, and calling our representatives in Congress (not that most of them are in a position to do anything, unless they’re members of the Grand Old Party that repudiated this current president, before his historic victory).  This is not a more decent world.  

At a time when this new administration is furiously turning the clock back to the good old days of segregation, women knowing their place, coal mining, no questioning of authority, no regulation of the environment, no government interference with employment, health, education or welfare, the open rule of the wealthiest citizens and our most powerful corporations, well, who could blame us for not getting worked up about a thousand more or a thousand less anonymous foreign dead in an area where a million or more have become collateral damage since our leaders launched their endless, heroic wars in the Middle East fifteen years ago?   The ingrates don’t even seem to appreciate the freedom we have brought them.  SAD!