1Gonzolo Lira awakened me to this one. Before his post I was blissfully unaware of the NDAA1 .

Those who read me already know how I feel about the various renditions of the Patriot Acts. The NDAA passes those so far that you can’t even see them in the rear-view mirror. Embedded into this POS2 is a little something called Indefinite Detention AKA the Levin/McCain detention bill. It is a part and parcel of the NDAA. Last December, Glenn Greenwald, writing for Salon, did a detailed analysis of this bill and the three critical points incorporated within it.

  1. The Bill codifies Indefinite Detentions: Basically, it suspends Article 1, section 9, of the US Constitution in its entirety and indefinitely. It even removes the requirement for a trial. Anyone may be detained simply on suspicion and no proof is required whatsoever. Of course, without the requirement of a trial, due process becomes a dim historical artifact. It might be noted that Roman tyrants gained permanent ascendency over the triumvirate, ending the Roman Republic, by the simple expedient of declaring a permanent state of war (This may mark the historical end of the Republic of the United States) .
  2. It expands the scope of the War on Terror to the point that it can never be won. It becomes a war that does not end and therefore supports the first point (above).
  3. US citizens are not exempt from this bill3 . It leaves open the possibility of subjecting American citizens to military detention and trial by a military court to include indefinite detention of anyone suspected of being a member of Al Qaeda or an amorphous group of “associated forces” that could cover just about anyone arrested anywhere in the world.
  4. A fourth point that many analysts miss is that these are military detentions of non-military subjects and thus violates the Posse Comitatus Act. Although the Posse Comitatus is not a part of the US Constitution, it is motivated by said document and expands on it.

Not to put too fine a point on it, the NDAA shits all over the US Constitution and the US Bill of Rights.



  1. National Defense Authorization Act of 2012  More links can be found on Google. [↩]
  2. POS=Piece Of Shit [↩]
  3. Surprisingly, this was done at Obama’s insistence. [↩]

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Lawmakers and Gov. Jerry Brown refused to allocate state funds for an early presidential primary. This is from the LA Times and the discussion is here.

We bought a ticket in the nosebleed section because Gov. Jerry Brown and the Legislature refused to spend an estimated $100 million for a separate presidential primary early in the nominating process

Instead, they combined presidential balloting with the regular state primary on June 5, long after the Republican nomination surely will have been nailed down, most likely by former Massachusetts Gov. Mitt Romney.

That means Republican voters in the nation’s most populous state will probably have no voice in whom the party nominates for president. They can only shout a meaningless cheer or catcall. — Los Angeles Times

— Wait a hold it! Full tilt STOP! —

What’s wrong with this picture? There is no provision in the US Constitution for primary elections! Primary elections only provide the means to falsely propagate the the tyranny of the two-party system. Why should any state support ANY primary with scarce tax dollars? Each party should have and fund its own primary, should they even need one. I challenge anyone to find one sentence, in the US Constitution, that supports the concept of primary elections!


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They’ve done it. You can no longer board even a train or bus without papers.

The Transportation Security Administration isn’t just in airports anymore. TSA teams are increasingly conducting searches and screenings at train stations, subways, ferry terminals and other mass transit locations around the country.

Whatever happened to the 4th and 5th Amendments?


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Prosecutors and police are largely held immune from their faulty actions, not even compensating for the direct harm of their actions. My previous article on Mr. Morton, a man falsely imprisoned for 25 years, is but the tip of this iceberg. At the core of this is prosecutorial immunity and it needs to end.

The article is here and the discussions are there.

Once released, those arrested have little recourse. State and federal laws generally protect law enforcement agencies from lawsuits over such detentions as long as officers were acting on a valid warrant and had a reasonable belief that they were arresting the right person.

The problem is that these people, innocent victims, are not compensated or even returned to their homes. In the case of a Nissan customer service supervisor who was hauled by authorities from Tennessee to L.A. County on a local sex-crimes warrant meant for someone with a similar name. How did he get back home to Tennessee?

The worst of these was the case of Santiago Ibarra Rivera who wound up spending a month in jail, that’s a month’s loss of salary, probably lost his job, and all that he gets from Superior Court Judge Kathryn Solórzano is an apology.  Pardon me for thinking that as being a lot short of the mark. He is owed at the least, lost wages and a free ride back home.


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An article on the LA Times brings up the case of a man wrongfully convicted of murdering his wife. The comments are here. This is a case, one among very many, that argues against the Death Penalty.

In short, this is the case of a prosecutor so eager to crank up his ‘win’ record that he sent the wrong man to prison, fully knowing that he was the wrong man! He then tried to destroy evidence that he did so.

In detail the prosecutor’s office, withheld exculpatory evidence and when ordered to save and seal the evidence. When the envelop supposedly containing was opened, the evidence, contrary to court orders, was not there.

Mike Davis, the former assistant district attorney, was also compelled to testify.
According to a transcript, Davis blamed lead prosecutor Anderson for withholding evidence.

Of course, Anderson claimed innocence. In the meanwhile, the actual perpetrator lived free. Is Michael Morton going to be compensated for the 25 years of his lost freedom? What about his future? He is unemployable now, he has no pension, no social security, and is now too old to recover from this life-injury. The reality is that his life was stolen from him and ruined for the sake of a lawyer’s ambition. Someone owes this man large!

Rant

While this is an egregious case, it is only one among a large and dark cloud of such cases hanging over the American legal system. Prosecutors are allowed to attack anyone with complete impunity and they are rewarded for their zealousness by promotions (Anderson is now a judge) and political perks and powers while enjoying complete immunity for their actions. The system is corrupt!

I once believed in the Death Penalty but that is when I still believed that the legal system was infallible. How many of the many in Texas that were executed when they were actually innocent? It is unfortunate that we cannot un-execute a person. It is better to imprison them for life.

Prosecutors need to be made liable for their zealousness as well. Misconduct needs to be be met with mandatory prison time, in the General Prison Population! When they lose, they should lose their jobs as well.


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The sale of the world-famous Chrystal Cathedral to the Orange County diocese of the Roman Catholic Church is really showing just how many foreigners have moved in since the 60’s. These are people that have no sense of history of the place that they moved to and Nicole Santa Cruz shows her ignorance, as well as that fact that she was a less than indifferent student in primary school.

When Brown succeeded Bishop Norman McFarland in 1998, there were 600,000 Catholics in Orange County. There are now 1.2 million.

That growth is not so much an increase in market-share rather, it represents an huge increase in population. There was a time when the entire Southland was 100% Roman Catholic. It was largely after the conquest by Colonel Fremont and the influx of gold prospectors, in 1849, that Protestantism took root. The Church has always been strong, even when it played low-profile in the light of the protestant conquerors from the eastern seaboard.

While I no longer consider myself a Catholic, I was raised in the diocese of Orange. This is really a resurgence of Catholicism and not a growth.


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Aaron Russo on Democracy

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This video got my attention

About the Republic of the USA

It is also extremely worrisome. In the various forums, it is amazing how many people do not know that the US is a Republic and guaranteed to remain so by the US Constitution. The majority of them are Democrats.


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Yet another LA Times article, this one is about Prop 8.  The discussions are here.

It looks like it isn’t over yet. But the court is correct, it is about the initiative process and Prop 8 is a California Constitutional Amendment. This is serious stuff! However, I am confident that it will be overturned on US First Amendment grounds.

  1. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Since the arguments for Prop 8 are solely religious in origin, prop 8 is clearly "respecting an establishment of religion" and prohibits "the free exercise thereof".


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I commented on yet another LA Times article today. The main article is here.

"These kids got it," he said. "They understood the framework that was being laid out — that Hispanics are the oppressed and Caucasians are the oppressors. That’s very troubling." — Supt. John Huppenthal, Tucson Unified School District

The thing is that, this is nothing less than the truth. The entire Southwest was conquered by the US in the late 1800’s as a part of the Monroe Doctrine. Before then it was a part, a very valuable part, of Mexico. It was conquered through mass illegal immigration by US settlers, which gave the pretext for the Cavalry to invade in order to ‘protect’ those illegal settlers. It was exactly the same strategy used to conquer Texas and later on, Hawaii. After the conquest, the US engaged in systematic denigration and suppression of the native population that carries on to the present day, as evidenced by the Tucson law. A very large part of that was the systematic genocide of native Americans, the American Indian (Indians), by the US Cavalry. Former Mexican Nationals were not treated much better as they were largely of mixed Spanish and Indian blood.

This summer, Huppenthal drew fire after suggesting similarities between the program and the Hitler Youth. Huppenthal said the remarks were made on "an academic basis" and misunderstood.

He no longer draws the comparison, he said, because it is too inflammatory. But in an interview, he said, "The thing that Hitler did was he used perceptions of historical injustice, he cast them in racial terms, and then he also referred to the Sudetenland as a stolen land — that’s the parallel."

The Tucson Unified School District’s Mexican American studies program does nothing other than to teach the truth. To outlaw the truth is yet another case of repression and since they are now fourth and fifth generation Americans, they are also US citizens. Must they be continuously conquered?

Huppenthal replied that curriculum must reach a standard that all Arizonans can be proud of. "I’d ask those people who have challenged me, have they really met that standard over the last couple years?"

The thing is that there are things in US history that no American should be proud of and remembering those things might prevent their re-occurrence. The US has done many shameful things and a part of the healing is to admit to doing them and at least to try and make some reparation. Teaching the true history is one of them.

Land of the free and the home of the brave? This really makes me, and everyone else wonder. I am not that proud of being an American with this crap going on.


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You haven’t seen me make a Polyticks post for a while. I apologize. This is mostly because the blood-sucking Ticks in DC disgust me, as do most parasites.

The recent Occupy Wall Street movement has largely left me puzzled. Yes, I am well aware of the disparity that they complain about but between their inability to articulate and the incoherence of most of the media on this issue, the language of the issue is chaotic at best.  The one that brought it into focus for me was Gonzolo Lira.

Unlike GL, I am a Constitutional Conservative and not a moral conservative. Morally, I am as liberal as they come, which still leaves me as a hard-right anti-socialist. I am an anti-religious conservative and reject all the religiously moral arguments of the neo-conservative right, like the Tea Party. In my opinion, the Neo-Cons are preachers in Polyticks1 suits; politically and economically, I am a pragmatic centrist.

On the surface, it sounds class-war-ish but it isn’t, exactly. True, the 1 percent are at the top of the wealth pyramid but it is not their wealth that puts them there. It is the corporate assets that they control and through that control, they also control political assets. In short, they’re the ones that really run the US and that’s been a known fact since the fifties, the eighteen-fifties.

     There is a revolving door between One-Percenters in the government and the private sector—so the former government employees make it a point to “help” the private sector One-Percenters, at the expense of the public good. Think of the Obama health care “reform”—which helped no one, save Big Pharma and Big Med.
     There is zero chance that a One-Percenters who breaks the law will go to prison. He can put toxic substances in food production, inject toxins into groundwater to get at some oil, bankrupt a pension fund, steal and cheat people out of their homes—and there’ll be no consequences insofar as the law is concerned.
     The things he might have done might be immoral—they might be despicable—they might even be outright wicked and evil: But they are not “illegal”—because the One-Percenters change the laws by way of their bought-and-paid-for politicians, and thus never do anything “illegal”. They only do things which are immoral, and wrong—and thus not subject to legal punishment. – Gonzalo Lira

I disagree with GL when he calls them Corporatists. They were around long before there were corporations. The old word, ‘Monopolist’, fits them better, its modern incarnation is Oligarch. In the days of the American Revolution, they were called Aristos and there was much less separation between their money and political power. Regardless of what we may call them, they are the privileged 1% that runs the US and through the US, the world.

As Al Gore accurately put it (and trust me, my skin is literally trying to crawl off my flesh as the reptilian part of my brain reacts to me praising something that Al Gore, of all people, has said), the Occupy Wall Street movement is basically a primal scream of democracy. – Gonzolo Lira

Actually, like it or not, there is nobody that is 100% wrong, even Old Woodenhead Gore. In this case, the scream was so primal that a dunce would have missed it. However there may be just cause in the scream, the real problem is about what we can do about it. Every thinkable solution is loaded chuck full of poison pills.



  1. Poly= many + Tick=blood-sucking parasite but then politicians and preachers are both a species of parasite. [↩]

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Actually, there is law prohibiting smoking in a car with children. Read it for yourself.

I commented heavily.


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This is just a marker for a future article. I haven’t finished my latest book yet, why no one has seen of heard much from me.


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My first article that isn’t on my own blog Winking smile I am thrilled! I have never considered submitting anywhere before. They took the article substantially as written, with some minor grammar changes. Considering that I only wrote it in two days, that is significant, I feel.

Now, what to do about the next article? Winking smile

userinfotheglensaid weekly and I’ll stick to that Smile

Smile


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New York Legislature passes gay marriage bill

This is actually a major defeat for the Religious Right. Winking smile

This is also a major victory for Constitutional Conservatives Smile

During the debates on the LA Times forum one commenter mentioned how the US was, as a nation, turning away from God. I have news for them and every other religious nutjob out there; The US turned away from God, as a Nation, the moment that the First Amendment was ratified. The US is a Secular Nation, by law and NOT by God!


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In the US there is no true difference between a Conservative and a Liberal. In the US, a la Webster’s, a conservative is simply one who resists change. Do NOT apply this equally to political and moral conservatism. The are NOT the same, however much the Religious Right likes to conflate the two.

A political conservative is someone, like myself, that seeks to resist changes to the US Constitution, which is still the single most liberal political document ever written and enacted.

The Religious Right seeks to change the US Constitution, or it’s interpretation, to suit Puritan moral values. That makes them radicals, by definition. Radical is not Conservatism. To a true Constitutional Conservative, the Radical Social-Religious Right is anti-Liberty and therefore anathema. We must defend our holy document from such heresy as DOMA and Prohibition1 . The War on Drugs is a tool of the Puritanical Religious Right.

I am Constitutionally an extreme conservative but socially, I am also a bit of a Liberal because the US Constitution is. Puritan moral values and social mores are incompatible with the US Constitution. In short, you cannot be both an American and a religious moralist.

Too many call themselves conservative when they are actually religious moralists. We cannot fight the enemy as long as our terms are confused. Allowing the Religious Right to also call themselves the Political Right is conceding the war to the enemy, let alone the battle. It’s allowing wolves to call themselves sheep dogs. This is what has been happening to the GOP for years now. Palin and the Tea Party would like nothing more than to shred a document that they do not understand and do not even want to read, the US Constitution.

Remember during this election that the Political Right is NOT the same as the Moral or Religious Right and they will be trying to confuse us all by conflating the two.



  1. Note precisely that, there is no mention of banning substances or even controlling them in the US Constitution and before the amendments on alcohol, such were even considered unconstitutional. Most US Founding Fathers would today be in jail as drug users and abusers. [↩]

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Congress takes aim at 401(k)s

The Congressional Joint Committee on Taxation and the Treasury Department’s Office of Tax Analysis conclude that these retirement planning programs will cost the federal government about $600 billion in lost revenue over the next five years.

Yes, that’s correct and if they succeed, that comes directly from YOUR retirement fund. With the housing crunch, where many people had their retirement1 , the only thing that they have left is the remainder of their 401(k) . Now the Congress-critters want to take chunks of that as well. They want to reneg on the deal that they made when they fixed Social Security the last time.

A separate study by the Stanford University Graduate School of Business says that the introduction of 401(k)s has had an enormous impact on how people invest in stocks and bonds. At the end of World War II, individual citizens owned 90 percent of the stock market; by 2006, they owned only 30 percent. The other 70 percent was held by institutions, including mutual funds, insurance companies and pension funds.

Okay, so what? Most folks don’t have the temperament to own stock directly. This is why they are using an Institution.



  1. operative word is had here. [↩]

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  1. Second round of Quantitative Easing will cease on schedule.1

Amid increasing political pressure and turbulent financial conditions in the world economy, the Federal Reserve is letting its massive bond-buying stimulus program expire in the next few days without a new initiative to prop up the weak American recovery.

Why we can’t afford more war.

The nonpartisan Congressional Budget Office said Wednesday the "explosive path" of the nation’s public debt would exceed 100% of GDP by 2021, even with expected policy changes.

On the Tea Party’s move towards austerity

On the U.S. budget, Bernanke said he didn’t think that sharp, immediate cuts in the deficit would create more jobs, as some Republican and other advocates for belt-tightening have argued.

"In the very short run," he said, "the fiscal tightening is … at best neutral, but probably somewhat negative for job creation."

So, that’s one hit.

2. US risks default on its debt!2

Neither side reported an alignment in positions about raising the nation’s debt ceiling, an unsettled issue that could force the government to default on its obligations by early August.

This is Repugnicans and Demorats playing chicken with our lives and economy. Strangely, neither side is pointing out that it was GW Bush’s policies that got us here. However, it is the ignorant yokels from the Tea Party that is keeping the rest of the GOP from helping to find the brakes. Some of them are even considering letting the US default for 30 days or so, as a tactical play. What fools we elect to congress these days!

Some Republican lawmakers have said a brief default, which would be inevitable in August if lawmakers fail to raise the nation’s $14.3-trillion debt ceiling, might be acceptable if it forces the White House to deal with large budget deficits.

The problem with that plan is that it isn’t Obama that sets the budget. According to the US Constitution, the budget is set in the US House of Representative and nowhere else. The US House is in Republican hands at the moment.

In 2003, when I came here to Switzerland, it cost about 1.20 CHF to buy a dollar. That same dollar now only costs 84 centimes, or 0.842CHF! The mighty are falling as I write this.



  1. This round of quantitative easing expires at the end of June. [↩]
  2. The debt ceiling must be raised by early August or the US goes into default. [↩]

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In Congress, divisions over Libya

I only have to say that we do not need yet another trillion dollar war. Current expenses are at 700 million USD, that’s only 300M$ shy of a billion. I say to stop it there and padlock our wallet.

The cost of U.S. involvement in Libya has been estimated at $700 million so far, and comes at a time of growing impatience with wars and deficit spending.

This is regardless of how I feel about the Libyan people or how much I dislike Kaddafi. Truth be told, the EuroZone can’t afford it either and I would tell them the same. The Libyan people will buy their freedom with their own blood, just like everyone else. No need to add our own or our cash. Let’s put people to work at home first.

"It is time to authorize the president’s use of force, whether he thinks he needs it or not," said McCain, the top Republican on the Senate Armed Services Committee.

The Libyan rebellion will succeed or not on its own. We (the US and Europe) really cannot afford to get involved.

The House ban, if approved by both chambers, would represent a further repudiation of President Obama‘s policy and would force the U.S. to limit its role to search, rescue, refueling and intelligence. It would stop short of a funding cutoff, as an unusual alliance of liberal Democrats and conservative Republicans have sought.

What I can’t understand is why Obama wants in on this fracas. If he does, it will be the one war that we can lay at his feet. After all, regardless what his opponents say, Iraq and Afghanistan were both Bush’s wars, at a Trillion Dollars each. At 14TUSD in the hole, we can’t afford yet another one of those.


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On the LA Times re: Gay judge wasn’t required to remove himself from same-sex marriage case, U.S. judge rules

A commenter named Ann Common said: “What we hate is sexual perversion.”

This is my response:

And now the truth is revealed! You are a hater. It may interest you to know that Victorian modes and culture [should have] died with Queen Victoria, the Hannover Queen. Wrapping yourself in a time-bubble will not change that.

I am not gay but I am a product of the 60′s, when my generation rejected puritan rules and the senseless taboos of the prohibitionistas who were in power at that time. Remember the California Communes?

"Signs, signs, everywhere there’re signs. blocking up the scenery, blowing my mind. Don’t do this or that, can’t you read the signs?"

Perversion is in the eye of the beholder, or not, as the case may be. Some think that a woman simply showing her face in public is a perversion. They even think that it causes earthquakes.

I am perfectly willing to let you believe in whatever you want but it is un-American to let you impose those beliefs on everyone else. We are NOT a Christian country, we are a Secular one, as evidenced by the First Amendment to the Constitution, and I reject the Religious Right, with fervor!

I relegate your Christian God to the same dark pit with the Muslim Allah; may they fondle each other forever, while humans get on with the business of humans, without their interference. I reject your rules that judge what is perversion and I reject your values as being un-American!

Families are supposed to love and support each other. Rejecting and oppressing such families simply because of your warped sense of perversion is the hallmark of a religiously repressive regime and not that of a free country. The only thing that we should be intolerant of is intolerance.

BTW, I have probably been a Republican longer than you’ve been alive and I reject the Religious Right/Moral Majority of Buchannan, Ford, and Quayle.


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