Executive Privilege, who inherited what, best movie, copyright, and the Iron Law. And more.

Mail 729 Wednesday, June 20, 2012

We’re off for a couple of days so things will be erratic.

Query to those who are familiar with Livewriter: My ThinkPad has livewriter on it, and it works, and I know the passwords, and it will go out and get ‘recent’ posts – but of course recent to the ThinkPad is the last time we used it to post something. It has no belief that I have done anything since. FrontPage kept a local copy of everything so this was never a problem, but Livewriter doesn’t seem to have any way I can tell it to go get the most recent post if that was posted by another machine. A quick Google on the problem shows others have it too but I found no solution. How do you use Livewriter if you use more than one computer?

Maybe this machine has a file of the latest blog titles and I can send that to my ThinkPad? Or is there a way to type the daily title in? Or what? Please don’t send mail speculating. If you don’t know, I won’t have time to check out guesses. But I’d sure like to know.

And thanks to Rick Hellewell I know. You must click the nameless button on the upper left; mouse to the open recent posts item, but ignore what pops up when yhou hold the mouse over it; and CLICK on the open recent posts item. That will open a dialog that lets you click on the site name and refresh it. There’s even a counter for how far back you want to so, default at 50 but if you are on dialup it’s better to choose 20. And LO! Here we are. This is obviously a revision of the original. So it can be done and it is even rather logical once you think of it, but the convenient popup when you mouse the item confused me into not clicking on it.  Ah well. My thanks to Rick for his patience.  It took me about 4 tries to figure this out.

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Attorney General and attorney client privilege

Dear Jerry,

John Dean’s article on president and government lawyer attorney client privilege.

Michael

http://writ.news.findlaw.com/dean/20040604.html

Bush Needs An Outside Attorney To Maintain Attorney-Client Privilege

Readers may wonder, why is Bush going to an outside counsel, when numerous government attorneys are available to him – for instance, in the White House Counsel’s Office <http://pview.findlaw.com/view/1505800_1> ?

The answer is that the President has likely been told it would be risky to talk to his White House lawyers, particularly if he knows more than he claims publicly.

Ironically, it was the fair-haired Republican stalwart Independent Counsel Kenneth Starr who decimated the attorney-client privilege for government lawyers and their clients – which, to paraphrase the authority Wigmore, applies when legal advice of any kind is sought by a client from a professional legal adviser, where the advice is sought in confidence.

The reason the privilege was created was to insure open and candid discussion between a lawyer and his or her client. It traditionally applied in both civil and criminal situations for government lawyers, just as it did for non-government lawyers. It applied to written records of communications, such as attorney’s notes, as well as to the communications themselves.

But Starr tried to thwart that tradition in two different cases, before two federal appeals courts. There, he contended that there should be no such privilege in criminal cases involving government lawyers.

In the first case, In re Grand Jury Subpoenas Duces Tecum <http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=search&case=/data2/circs/8th/964108p.html> , former First Lady Hillary Clinton had spoken with her private counsel in the presence of White House counsel (who had made notes of the conversation). Starr wanted the notes. Hillary Clinton claimed the privilege.

A divided U.S. Court of Appeals for the Eighth Circuit agreed with Starr. The court held that a grand jury was entitled to the information. It also held that government officials — even when serving as attorneys — had a special obligation to provide incriminating information in their possession.

In the second case, In re Lindsey <http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=dc&navby=case&no=983060C> , Deputy White House Counsel Bruce Lindsey refused to testify about his knowledge of President Clinton’s relationship to Monica Lewinsky, based on attorney-client privilege. Starr sought to compel Lindsey’s testimony, and he won again.

This time, Starr persuaded the U.S. Court of Appeals for the District of Columbia Circuit to follow the Eighth Circuit. The court ruled that exposure of wrongdoing by government lawyers fostered democracy, as "openness in government has always been thought crucial to ensuring that the people remain in control of their government."

Based on these precedents, President Bush has almost certainly been told that the only way he can discuss his potential testimony with a lawyer is by hiring one outside the government.

Fascinating. I am no longer much of an authority on Executive Privilege, but I once taught Constitutional Law and I did have a couple of seminars on the subject – all long ago. Constitutional crises change things. Usually the change isn’t beneficial to the Republic. Hard cases make bad law.

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I got this today:

Subject: Fw: The Mess (You need to read this slowly and REMEMBER WHAT YOU READ)

This tells the whole story, why Bush was so bad at the end of his term. Don’t just skim over this, it’s not long, but read it slowly and let it sink in. If in doubt, check it out!

The day the democrats took over was not January 22, 2009, it was actually January 3, 2007, the day democrats took over the House of Representatives and the Senate, at the very start of the 110th Congress. The Democrat Party controlled a majority in both chambers for the first time, since the end of the 103rd Congress in 1995.

For those who are listening to the liberals propagating the fallacy that everything is "Bush’s Fault", think about this:

January 3, 2007 was the day the Democrats took over the Senate and the Congress. At the time:

The DOW Jones closed at 12,621.77

The GDP for the previous quarter was 3.5%

The Unemployment rate was 4.6%

George Bush’s Economic policies SET A RECORD of 52 STRAIGHT MONTHS of JOB GROWTH

Remember the day…

January 3, 2007 was the day that Barney Frank took over the House Financial Services Committee and Chris Dodd

took over the Senate Banking Committee.

The economic meltdown that happened 15 months later was in what part of the economy?

BANKING AND FINANCIAL SERVICES!

Unemployment… to this CRISIS by (among MANY other things) dumping 5-6 TRILLION Dollars of toxic loans on the economy from YOUR Fannie Mae and Freddie Mac FIASCOES!

Bush asked Congress 17 TIMES to stop Fannie & Freddie – starting in 2001 because it was financially risky for the U.S. economy.

And who took the THIRD highest pay-off from Fannie Mae AND Freddie Mac? OBAMA

And who fought against reform of Fannie and Freddie? OBAMA and the Democrat Congress

So when someone tries to blame Bush – REMEMBER JANUARY 3, 2007…. THE DAY THE DEMOCRATS TOOK OVER!"

Budgets do not come from the White House. They come from Congress and the party that controlled Congress since January, 2007 is the Democratic Party.

Furthermore, the Democrats controlled the budget process for 2008 & 2009 as well as 2010 &2011. In that first year, they had to contend with George Bush, which caused them to compromise on spending, when Bush somewhat belatedly got tough on spending increases.

For 2009 though, Nancy Pelosi and Harry Reid bypassed George Bush entirely, passing continuing resolutions to keep government running until Barack Obama could take office. At that time, they passed a massive omnibus spending bill to complete the 2009 budgets.

And where was Barack Obama during this time? He was a member of that very Congress that passed all of these massive spending bills, and he signed the omnibus bill as President to complete 2009.

If the Democrats inherited any deficit, it was the 2007 deficit, the last of the Republican budgets. That deficit was the lowest in five years, and the fourth straight decline in deficit spending. After that, Democrats in Congress took control of spending, and that includes Barack Obama, who voted for the budgets.

If Obama inherited anything, he inherited it from himself. In a nutshell, what Obama is saying is he inherited a deficit that he voted for, and then he voted to expand that deficit four-fold since January 20.

There is no way this will be widely publicized, unless each of us sends it on!

I haven’t had a chance to chase down every detail. I do point out that after Gingrich the Republican House spent a LOT of money. Obama spent more once he got in, but the House after Gingrich went on some mad sprees. And we now owe more than a year’s GDP. That cannot be good.

When you are deep in a hole, rather than argue as to how you got there and whose fault it is, the first thing would appear to be to stop digging.

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Best Movie of 2012, so far.

http://paulinhouston.blogspot.com/2012/06/best-movie-of-2012.html

Best Movie of 2012, so far.

"Serious" critics, and many who saw it and enjoyed the hell out it, may consider this as heresy, but so be it. I’ll be vastly (but pleasantly) surprised if it’s nominated for such, but right now I’m saying that "The Avengers" is it.

Paul Gordon ( http://paulinhouston.blogspot.com/ )

"When faced with a problem you do not understand,

do any part of it you do understand; then look at it again."

(Robert A. Heinlein – "The Moon Is A Harsh Mistress")

I don’t have a better candidate.

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MSNBC

well…. dozens any way.

b;)

bob leever

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Copyright Inertia

You write: "There is such a thing as intellectual property, and the current legal system isn’t doing too well with it."

I suggest that the issue isn’t the legal system, but rather the users. We did not have to rewrite the laws on trespass when the bulldozer was invented.

The issue, I think, is that despite our claims of American freedom and individuality, we’re used to the paradigm of "if you can do it then it’s legal, and if it’s legal you can do it". There’s nothing physically preventing me from making mp3 copies of the songs on a CD and then selling that CD on ebay; therefore, making copies of the songs then selling the CD must be legal. Somehow. We’re not quite sure, but if we weren’t *allowed* to do it then it wouldn’t *work*, right?

It’s like a fence. We all know what a fence means, and that acting to circumvent the access control implied by a fence is Not Allowed. Not that this means you *can’t* jump over a fence, or even that doing so would be particularly difficult. And maybe you don’t agree that the fence ought to be there at all. But nobody’s going to look at a fence and be completely unaware of the statement that fence is making about what’s on the inside of it.

And intellectual property has always had fences. Words like "copyright" and "trademark" and "all rights reserved" are what fences around intellectual property look like. The thing is, up until maybe fifteen years ago it was *hard* for the typical person to climb over those fences. And what that means is that nobody ever learned how to see the fences, or how to understand the size of them. Then when broadband started to become widespread, we all got metaphorical bulldozers and started driving them everywhere, and we started running over fences without even knowing that they *existed*, much less that we were crossing them.

What does it mean? Well, it means that people need to understand that "I can copy this without too much trouble" doesn’t mean that copying it is no big deal. It also means that, to the extent that the legal system has catching up to do, it’s going to be in the direction of *more* restriction rather than *less*–if people had started using bulldozers to smash down fences, the response would not have been to make fences illegal.

Although it’s also the case that if it’s critical to your activity that people not enter an area, then you’re likely to have more than just a knee-high fence and a "NO TRESPASSING" sign.

Mike T. Powers

I will point out that most of my books available on Amazon Kindle can be had in pirate editions by a bit of diligent searching, but my backlist sales are pretty good, and Secret of Black Ship Island has done well despite being pirated immediately on publication; we don’t need everyone to be honest, just enough good people.

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A Dialogue

Provider – Medicare

"… about an optometrist requiring a 30 page form to be submitted three times before Medicare/Medicare would accept his change of address. He goes months without getting paid for the work he has done. One presumes – but it is a presumption – that eventually he was sent the money owed him, but for months he could not get the government to note his change of address. Then he tells a story of going to a burger place and using a touch screen to order a sandwich, and says “Amazing” – as a contrast to business as usual with the government. It was a pretty good talk to a reasonable crowd. "

<GRIN> this is exactly my job at the moment… I’m the Medicare Provider Enrollment Manager (in other words, a bureaucrat) for Pinnacle Business Solutions, Inc., a Medicare contracted carrier. The doctor isn’t exaggerating, an enrollment or a change application (form CMS855), for a provider in Medicare is a 30+ page document – not to mention required attachments. AND, it must be newly and fully completed EACH time a change (address, bank, owner, etc) is done. The provider is, as well, required to revalidate (i.e. submit a complete, new, application) every 5 years, even if nothing has changed! However; the document is not difficult, instructions are complete and on the document itself. Additionally, the provider can elect to access the document online via the CMS (Centers for Medicare & Medicaid Services) website and be prompted throughout the process. Before we go off into Pournelle’s Iron Law of Bureaucracy, I can attest the application and process is as simple as possible to comply with law mandated by Congress (I do remember a time when the application was only a 2 page process). BUT, Congress, in its wisdom and fear and promises to cut fraud, has made the process onerous, capricious and punishing on well-meaning, lawful providers. Furthermore, the Patient Protection and Affordable Care Act (aka Obamacare), further complicates this situation – it’ll get worse. I’m quite aware of many providers dropping out of Medicare or refusing to accept additional Medicare patients simply due to the onerous regulations/restrictions for participation and reimbursement. There are a seething mass of frustrated doctors out there who only want to be able to treat patients and be reasonably compensated for their labors/knowledge.

s/f

Couv

Cheap energy = prosperity!

Drill here, DRILL NOW!

David Couvillon

As Adam Smith observed, every time two capitalist competitors meet they conspire to find a way to get government to prevent anyone else from becoming a competitor. Regulations and red tape, even if " the document is not difficult, instructions are complete and on the document itself. Additionally, the provider can elect to access the document online via the CMS" is a very good way to raise the requirements for a startup company.

Ah well.

Jerry Pournelle

Chaos Manor

Ironically, the stated purpose of Medicare administration is to INCREASE the participation of qualified providers to service the needs of Medicare beneficiaries.

ah well… indeed!

Cheap energy = prosperity!

Drill here, DRILL NOW!

David Couvillon

Colonel, U.S. Marine Corps Reserve, Retired.; Former Governor of Wasit Province, Iraq; Righter of Wrongs; Wrong most of the time; Distinguished Expert, TV remote control; Chef de Hot Dog Excellance; Avoider of Yard Work

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Subject: Maryland Library Can’t Use HP Computers – Nuclear Weapons Related

The Takoma Park, Maryland library needed new computers. New ones arrived, but they sat in storage for a while. The computers were made by HP, and HP works on nuclear weapons programs for the U.S. government. Takoma Park has been a "nuclear free" zone since 1983. Sigh.

The Takoma Park City Council voted a waiver on this allowing the use of the computers. Some wondered "about the soul of their city and if the vote signified a fundamental shift in its values."

The computers were probably made in China. Hence, (1) they have latent surveillance capability built into them, (2) come from the capitol of human rights violations, and (3) from the home of heavy metal pollution. None of that matters. What matters is that HP works on nuclear weapons (do they really?).

http://www.washingtonpost.com/local/md-politics/takoma-park-grants-waiver-to-nuclear-free-zone-ordinance/2012/06/19/gJQADMB2oV_story.html?hpid=z4

Dwayne Phillips

Comment is superfluous.

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Wawa editted vs original; no ad to skip

http://www.canadafreepress.com/index.php/article/47470

We cannot blame Firefox for trying to make our web surfing experience better by blocking those confounded ads. I blame the advertisers themselves for constantly coming up with more annoying ways to put ads in our faces. Like your experience with an ad you have to watch before you see the content you want. Another annoying way they do it is place a small ad at the bottom and you have to search around to find the [X] or [close] to get rid of it, but that’s just how frustrating it’s gotten. By the way TV advertising is doing something like it by having ads pop up during a show but of course you have no way of killing those suckers.

Cheers, Ray

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Analyzing people who talk about AGW denialism

This would be amusing but its an extension of the mentality that creates bunny inspectors.

Sent to you by BobK via Google Reader:

Analyzing people who talk about AGW denialism <http://judithcurry.com/2012/06/19/analyzing-people-who-talk-about-agw-denialism/>

via Climate Etc. <http://judithcurry.com> by curryja on 6/19/12

by Judith Curry Sociologists and journalists are writing articles about understanding AGW skepticism and denialism. This latest article from Nature makes me think somebody needs to study these people who think that: Study 2 examined whether framing climate change action in … Continue reading → <http://judithcurry.com/2012/06/19/analyzing-people-who-talk-about-agw-denialism/> <http://stats.wordpress.com/b.gif?host=judithcurry.com&blog=15408089&post=8865&subd=curryja&ref=&feed=1>

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taxpayer’s union

Dr. Pournelle,

You often say that we all can think of local equivalents to bunny inspectors,(https://www.jerrypournelle.com/chaosmanor/?p=1180 , [and for those that don’t want a long walk down memory lane, bunny mention is 8 paragraphs down]) and just now I got to thinking about the Tax Payers’ Union. I have been vaguely aware that this group existed since I don’t know when. I am sure Paul Harvey (America’s first conservative commentator) must have mentioned them from time to time. For whatever reason I decided to take a look today, and I know your readership (is that a word?) will want to as well. http://www.ntu.org/ We don’t need to look for government waste, there is a professional organization doing it already.

Martin Lee Rose

Colorado

"We have no public record of anyone, individual or organization, publishing an IDEAL Temperature of the Earth, nor do we have any criteria which could be used to establish such a temperature. Given MY choice, I would choose warmer over colder. To the extent, if any, that warmer could be expedited by increasing CO2 I would encourage it." Bob Ludwick I have waited a long time to be able to use that quote.

While looking for the most appropriate Bunny Inspectors link I came across http://www.scaleofuniverse.com/

Thanks. I am not familiar with the taxpayer’s union. It would seem to be more useful than the Welfare Recipients League, which I would think would be cheered on if it decided to go on strike…

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Your TV

Hi, Jerry, I’m no expert but your TV has all the symptoms of a failing join or cracked trace on the board: the cooler it is the wider the gap, which eventually "fixes" itself as everything warms up and expands to make contact once again. Back in the day it might have been worthwhile to examine everything with a magnifying glass and then do a touch-up if you found the problem, but today you’re probably stuck with just getting a new TV or living with the long warm-up.

I’m writing this on a new "Retina" display MBP, a really capable computer which to my mind completely erases the need for a 17" in the Apple line. WoW looks amazing at full resolution, and frame rates are plenty fast enough to not be objectionable. For other tasks the SSD drive, Ivy Bridge CPU, and nVidia graphics make for a pretty potent desktop replacement at under 5 pounds. Recommended if you need a portable capable of heavy lifting, otherwise probably overkill. But the screen is outstanding, going back to a normal screen now makes everything look fuzzy.

Tim

Thanks. My dying YTV had croaked, and will be replaced. I have a note from one reader that replacing some capacitors worked for his Samsung with a similar problem. Alas I am not going to try that, but I note it for the record, and perhaps I will attach a copy of some of the suggestion mail to the machine when it goes to the Good Will…

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Fast, furious, and in contempt

View 729 Wednesday, June 20, 2012

A House Committee has voted that the Attorney General is in contempt of Congress. The vote was along party lines, which is a pity, because the contempt is obvious and definitely indicated. This should not be a Party Lines affair. The Congress is the Grand Inquest of the Nation, and constitutionally is empowered to see that the President does indeed take care to see that the laws are faithfully enforced. There is no compelling reason for withholding the documents demanded by Congress in this matter.

To make it more interesting the President has bought into the ownership of Fast and Furious: he did so by invoking Executive Privilege in this matter, thus taking responsibility for the Attorney General’s refusal to hand over the papers. This make this contempt by the President, and a genuine Constitutional Crisis unprecedented since the Watergate breaking and Congressional subpoena of the Watergate Tapes.

That last affair ended with the resignation of a President and an unconditional pardon by his successor.

Nixon could have personally burned the Watergate Tapes, thus making it impossible for Congress to demand them. He chose not to do that, which would have precipitated an even more severe constitutional crisis.

This will be played for political points. It ought not be. The Constitution was clearly intended to allow Congress full powers of investigation, and that power is critical for constitutional government. Yes, the public has little confidence in the Congress, largely because everyone now expects grave matters like this to be voted along party lines; but is it still Congress that must decide whether public officials are covering things up.

The President is claiming Executive Privilege only for documents that came into existence after the Fast and Furious became public, and which pertain to discussions between the President and the Attorney General. This is very curious, and worth debate : is there some kind of attorney client privilege here? It’s worth debating.

But in that case, the Attorney General is still in contempt of Congress because Congress has demanded a lot more than just transcripts of personal conversations between the President and the Attorney General. To this moment no one knows who authorized Fast and Furious. Unless a Special Prosecutor is appointed we will never know – and probably not then. And it is a matter of importance, far more than the matter of who leaked Valerie Plaime’s connection to the CIA.

This affair will not end well for the Republic. The House has little choice but to declare the Attorney General to be in contempt. It then has the power to send the Sergeant at Arms to arrest the Attorney General and convey him to the warden of the District of Columbia jail to be held until purged of contempt, and proper return to any writ of habeas corpus would be just that: held by order of the House of Representatives. Of course this is not likely to happen. It has been very rare, although that kind of activity wasn’t entirely unknown during Civil War and Reconstruction days. But Constitutional crises do not usually end well. The Hayes-Tilden compromise, which ended Reconstruction and made a deal with General Nathan Bedford Forest to disband the (original) Ku Klux Klan comes to mind.

The investigations won’t end, the partisan spins will continue, and the question becomes – why? Just what is so mysterious here? Who really did think up Fast and Furious, and what was its real purpose? Conspiracy theories abound. Was the notion to send more guns to the drug lords in the hopes they would kill each other off? No one would want to admit that. It’s also hard to believe anyone would actually do such a thing. But it is one possible explanation: only why would the Attorney General  act in contempt of Congress to protect someone who wanted to do that? Surely that was not its purpose.

So just why was Fast and Furious implemented? Who really wanted hundreds of assault rifles and other such weapons to be sold and allowed to be taken across an international border? In theory the weapons and ammunition were to be tracked, but the tracking wasn’t competently done. Why? The technology for doing it exists and isn’t that difficult. Was this failure simple incompetence or something more sinister? It is the right of the Congress to find this out; in whose interest is it to keep secret the origin and true purpose of Fast and Furious? Why does the Attorney General protect this operation?

Several thousand weapons and a lot of ammunition went to Mexico. Apparently we don’t know how many, or to whom they went, although we know that many ended up in the hands of the drug lords. And the Attorney General of the United States is unwilling to give Congress the documents authorizing this action, and claims he does not know who authorized the action in the first place. The President is standing by his man. And no one knows why.

Curiouser and curiouser. And it is far from over.

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The President’s ‘reset’ in relations with Russia does not seem to have gone well, if we can judge by the frost at the G 20 meetings in Cabo. Of course the US is far less relevant in these matters, and is getting less so as time goes on.

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Our long dying TV has deaded itself, and of course we’re about to go off for the weekend tomorrow. If you have enough problems some of them will cancel out: in this case we have long needed to replace the bedroom TV, a 19” flat screen that certainly predates 911 and is probably about a decade older than that. It sort of still works but just barely, and the remote doesn’t work at all and – well, we don’t watch much TV in the bedroom since getting the HDMI set for the back room.

So I will have to replace the back room 40”, and the 19” Westinghouse flat screen in the bedroom, but I am not confident in my ability to carry the 40” out, much less bring in something that large or perhaps a bit larger (but not much larger, 42” or so at most. I managed to bring in the current 39” from the front door, but I don’t think I could do that now – it would be a bit risky anyway. And of course we are going off for the weekend tomorrow.

What I can do is go out to Best Buy and get a 24” TV, possibly a tunable monitor which might be used to replace the Last Bottle up here in the Great Hall, possibly to replace the bedroom TV. Either way it would be useful, it can be installed tonight (just put it in front of the big TV), and await its permanent replacement next week.

One amusement: my bedroom TV has only a coax input and the cable box has only a coax output. Obviously it is pre hi-def, and I suspect I have been paying for hi def. Possibly not, But anyway I can get Time Warner to replace it with something a bit more up to date, and take away the old box and another I’ve been paying for but haven’t used in many years, and yes, I know, that’s a waste of money. I can only plead that changing the subject is difficult with me, and when something is out of mind it stays out of mind until something causes me to think of it. Apparently multi tasking is one of those abilities along with balance that 50,000 rad tends to burn out.

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Rambling on; understanding Jobs on Flash; Romney, liberal journalism, and Wawa

View 729 Tuesday, June 19, 2012

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Alas, the Bunhead TV series wasn’t able to continue what it did in the pilot. The show attempted to leap into the middle, becoming a sitcom without establishing the characters and the backstory; the pilot tries to do all that in one episode, and that was itself a mistake. I can agree that compressing the Los Vegas part into a few minutes was a good idea, but there wasn’t enough time given to the development of the characters once they got to ‘Paradise’, or indeed even to establish the small town (doesn’t even have a movie theater) as a real place; and the secondary characters, the four young dancers, are merely sketched in and never developed. Then they killed off Michelle’s husband just as we got to know and sort of understand him.

It was all too much. They can’t decide if they’re in a slapstick farce or a deeper comedy, so they keep skipping in and out, disconcerting the audience. I can’t imagine that anyone who hadn’t watched the pilot managed to sit through last night’s episode, and my apologies to any of you who tried.

I thought this had potential. Sutton Foster is nearly perfect for the role I thought she had, and the rest of the cast is great –

==

I got interrupted in writing the above by a phone call from my daughter, who missed Father’s Day for better reasons than I generally have for not calling someone. Then it was lunch time, my downstairs bathroom needed attention, and I thought I’d try to see if I could do anything about the growing problem with the TV. I used some Stabilant 22 on all the cables. I’ve been writing about Stabilant 22 since S-100 says, and it has won my Users’ Choice award more than once. They sent me a supply of the stuff a dozen years ago, and I still have some left. It is a contact enhancer, and will often fix mysterious problems – one of my early Pournelle’s Laws was that 90% of computer problems were with cables. Alas, this time it didn’t help. I also tried doing what the Time Warner manual says to try, which is hold the set top box power switch to off until the word ‘boot’ appears, but holding that button never creates that result. It would go to ‘standby’ but never to ‘boot’ or for that matter to ‘off.’ For those who missed this last time, my nice Samsung flat screen has taken to not turning on for about half an hour; that is, you turn on the set, and it flickers on and back off again, and hisses, and clearly is looking for a signal it can’t find, and then, suddenly, voila! It is working fine. I don’t have any problem with the set top box, but a couple of readers have suggested that I try to reboot the cable box since It may be sending confusing signals. I don’t think that’s it. Anyway, there’s one way to make a computer boot again, so I pulled the plug on both TV and cable box and waited a full minute.

So anyway, I had hard reset my TV system, and I turned it on and had lunch. It used to be that the TV took 31 minutes to turn on. This time it was more than an hour of hissing, partial signals, growling, flashing on and then popping off. It was ‘on’ in the sense that there is there is the soft ‘on’ light and the red power light sometimes blinks, but the screen was blank until it would suddenly flash on, then fall off again. This time, after my hard boot, it took over an hour for the darned thing to go on and stay on, after which it works reasonably well, but dropped off a couple of times over the next hour, none of those drop-offs lasting for more than a few seconds.

But it was working. The cable box menu was about half filled with “to be announced”, proving that it had rebooted, and many of the program announcements had been restored. I wanted to see if it remembered programs I had recorded, and lo! they were all there, including Bunheads, and for some reason I started watching that again.

I was mostly looking to see why I had ever liked it in the first place, and I ended up making a discovery. It really is a good show. The acting is good, Many of the scenes are well crafted. The problem is that it tries to convey too much information too fast. It’s a bit like an opera, which is more focused on individual scenes than on the story line. Since nearly all opera fans already know the story line, that’s just fine, but it can be confusing to newcomers, and is probably one reason for the slow decline of opera’s popularity. Anyway, ‘Bunheads’ is a bit like that. Once I understood the story line – Fanny is somewhat crazy and can’t face reality, and many of the town people know that but humor her because they like her; Michelle is as confused as she appears to be and is a lot more disturbed about the death of a husband she didn’t love but was just falling in love with. The high school girls in the tiny little town are in between worlds. Incidentally, they found a movie to go to although we were told last week that there’s no movie house in the town, but leave that. But it is a small town, the girls are not experienced at much in life, and – well, it’s a fantasy world, but one a lot more like my high school days than anything happening in the Hollywood region.

Anyway, I found myself watching the whole episode again, and it’s easy enough to admire the acting once you realize what the story line is. Or it was that way with me. I doubt that anyone who wasn’t smitten by the pilot will ever find this episode enjoyable, and I suspect the series is doomed. If watched from pilot on it will grow on some people, but it won’t be picking up more viewers as time goes on – at least, not with the pace I have seen. Pity. There’s some really good acting in there, and some good writing, and there’s actually a pretty good story going, but it’s being told too fast. You have to want to like this show, and not many will. Ah well.

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I got this today from a long time reader:

“It is time to have a complete new debate on intellectual property laws, and a complete redrafting of copyright and patent. The problem is that those who make the laws know little about the technology, and those who use the technology know little about law.”

I submit that the wheels of Legislation turn exceedingly slow. By the time such a revision to the copyright law is passed computer technology will have advanced past the point where the law is relevant. In fact, I would not be surprised if the people in the ‘know’ can anticipate what the law will be and devise technological means to circumvent it.

B

All of which is true enough, but it doesn’t solve the problem. There is such a thing as intellectual property, and the current legal system isn’t doing too well with it. Perhaps there needs to be something like the common law, which evolves over time, judge-made law developed by applying the “reasonable man” standards and arguments. Of course it took a long time for the common law to evolves and develop, much of the long reign of Henry I and then (after the civil wars of the time of Maud and King Stephen) the reign of Henry II. Of course that would require judges who understand the technology and who have a flair for unifying practices into standards.

I don’t have a simple solution to the situation, but I am convinced that we need revision of the patent and copyright laws, and that I don’t know anyone who does have all the answers. I also know that there will be laws, and they will develop – and if the creators of intellectual property are not involved in their creation, they will probably not like them much. Victor Hugo was able to draft the international convention fairly well, but that was a century ago, and I doubt we have anyone of his stature in the intellectual community today.

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Firefox seems to hate the latest Adobe Flash Player. I will go to a web site and there will be a black spot in the middle. I used Firefox to get and in theory install Flash Player after I noted that it wasn’t running. That got me the foo about it can’t install when Firefox is running. It turns out you can’t just close Firefox and continue the installation. In some disgust I closed off Firefox and went to Explorer. Tried to install Adobe Flash Player. That got me a bunch of stuff about installing Real Player. Which told me that I already had Real Player. So I told it to go ahead and do Real Player again, It did, and then told me I already had Real Player did I want to overwrite that?

Now it’s telling me it is installing Flash Player. We’ll see. All this used to work, except that every day Adobe Flash Player would tell me it had to update. Every day. Flash Player is still installing or thinks it is. I may just have to go uninstall flash player and real player and start over.  With luck that will work with Firefox when all this is over. Ye heavens.

 

Well it wants to install all kinds of stuff, including a tool bar from someone, Yahoo or maybe America on Line or something else not relevant to me. I got past all that and eventually after all the dodging about Real Player and some other application I don’t use, Firefox popped up, and half a dozen tabs began talking at once. I had to go through and find the ones that had Flash apps trying to play. That included a couple I didn’t even know had a background flash thing, or maybe it was something else. Anyway, Flash now works, I have silenced the cacophony, and I seem to be back in control of this computer again.

My advice to anyone using Firefox is to shut it down before doing anything serious about downloads and installation. Open one and only one tab of Explorer, and use that. I did that with the ESET on line scanner earlier after a phishing attack that I didn’t go for, and life would have been a lot simpler if I had done that for installing Flash.  And I have a lot of sympathy for Jobs’s decree that Flash wouldn’t sully his Apples…

 

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And, of course, now Windows Live Writer isn’t working properly. It is uploading this stuff, but it it supposed to go to the browser and show me what it did. Instead the screen blinks for a second, but it doesn’t bring up the browser or jump to that window. I’ll now try publishing again with Firefox minimized and see if it now pops up. If that doesn’t work I can close Firefox and restart it. This is being nibbled by ducks…

Nope. It does not pop up Firefox. The good news is that the revision did upload, so I can open Firefox, refresh, and yeah verily there is what I did. Now let’s see if this will work properly after I restart Firefox.

Ah. That worked. It now actually puts this up in a new tab and goes to that tab. All is well. And Flash is working. Routine maintenance…

 

Nope. Now Flash isn’t working properly. Or in fact at all. I’m going to close everything, reset the system, and if need be start over with explorer and reinstall Flash. I don’t actually hate Flash, but I am finding that annoying.

 

All right. This all started with my trying to watch just what Romney said about the WaWa sandwich experience that drove the Huiffington Post to declare him completely out of touch with the world. On this machine the video won’t play. I just assumed that was Flash. But I find I can play that video from that site on Firefox on another machine, and on Explorer on this machine – and in both cases it pops up an ad that has to run before the clip will run.  Apparently I have set up Firefox to block ads, and now have forgotten how to disable the darned things. I expect if I thought about it I could figure it out.

But it does seem to me there’s something else here. Firefox has set it so that if you block the ads, the entire clip is blocked. Forever, if there’s a lead in ad. And it does not tell you why or how to do something about it. I am more and more becoming annoyed with Firefox.

As to the wretched Huffington Post and MSNBC which edited Romney’s speech so that his use of the efficiency of WaWa to contrast with government action into what appears to be Romney doing a Goshwow about how sandwich ordering works and isn’t he realy out of touch with the world – well, it’s about what I’d expect from Huffington Post and MSNBC, which are actually more partisan than the Chicago politicians who run Obama’s political activities (which, by the way, seem to consume far more of his time than his activities as President). 

I can’t do much about MSNBC and the Huffingrton Post other than point out their usual egregious behavior – but alas, the incident has shown me I need to revamp my system. I don’t like watching videos as a means to get information. I much prefer to read rather than listen to someone read to me, or see a video of someone reading to me. On the other hand, I do need to know what’s going on, and if Firefox blocks something it ought to tell me what it did and what I can do about it.

There are ways in which Firefox is attractive, and I enjoy some of the effects of ad blocking, but this just won’t do.

 

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All right. I have now used Explorer to let me look at the original Romney stump talk, in which he tells about an optometrist requiring a 30 page form to be submitted three times before Medicare/Medicare would accept his change of address. He goes months without getting paid for the work he has done. One presumes – but it is a presumption – that eventually he was sent the money owed him, but for months he could not get the government to note his change of address. Then he tells a story of going to a burger place and using a touch screen to order a sandwich, and says “Amazing” – as a contrast to business as usual with the government. It was a pretty good talk to a reasonable crowd.

So, of course, the execrable MSNBC edits out all but the story of ordering a sandwich and the expletive “Amazing” and the genius commentators say it looks like he’s out of touch, he doesn’t even know how to order a sandwich, and all the other breathless liberal commentators pile on. As I said, that’s not amazing. That’s standard liberal journalism. You can expect it whenever they can get away with it, and sometimes when they can’t. This one blew up in their face. MSNBC, Washington Post, Huffington Post, all jumped on, loving the story, and shouting in glee at the boob Romney’s insensitivity. That’s good liberal journalism. Hoorah.

But for me the lesson has been that I can’t rely on Firefox. If I want to watch Flash I have to go to Explorer or another computer with Firefox with different settings. Or something. You’d think I could figure out the settings but I haven’t so far. The good news is that the problem is apparently only on this machine and this Firefox.

 

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As expected, Andrea Mitchell of MSNBC and her Washington Post colleague have not offered any apology for their sleazy editing of Romney’s “Wawa! It’s Amazing” speech. After taking salvo after salvo for its entirely unprofessional acts, MSNBC finally did run the entire speech, showing that it was in fact part of a commentary on the relative efficiency of government failure vs. private enterprise, but you have to watch the original video to see that: Mitchell doesn’t explain it. MSNBC has misled hundreds of people with this, Hundreds…

 

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Iron Law, DD Harriman, Global Warming, intellectual property, and other important matters

 

Mail 729 Monday, June 18, 2012

distribution?

" And God forbid that we try to set up some kind of government run distribution system; that would really be disastrous. "

Didn’t we have that at one point? I distinctly remember as child going to the Parish (i.e County, I’m from Louisiana) School Board warehouse and my parents getting butter, powdered milk, sugar, cheese, and (rarely) powdered eggs. All with USDA stamps and in bulk amounts. It was a regular monthly distribution.

Also, in Iraq I had some experience with distribution of government/US staples and fuel (not to mention government pay and pension distribution – all in cash). Inventory, eligibility determination and distribution CAN be a ‘goat rope’. Additionally, discussions with many Iraqis and observation of pre-war government warehouses show that it COULD ALSO be rife with fraud and corruption on both sides of the distribution table. But, we managed to get a handle on it. Thus, I believe it could be done in the US with proper supervision.

Cheap energy = prosperity!

Drill here, DRILL NOW!

David Couvillon

Colonel, U.S. Marine Corps Reserve, Retired.; Former Governor of Wasit Province, Iraq; Righter of Wrongs; Wrong most of the time; Distinguished Expert, TV remote control; Chef de Hot Dog Excellance; Avoider of Yard Work

We can do anything: but the problem is that we tend to set up bureaucracies, and the Iron Law takes it from there. As a mission with a definite date for dismantling it’s easily within the capability of the military: but as an eternal bureaucracy?

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There is considerable mail on the climate debate. The evidence against the Man Made Global Warming hypothesis appears to be piling up. That hasn’t stopped a number of science commentators from continuing to champion it, but apparently some real scientists are dropping out.

Don’t confuse me with the facts…

…my mind’s made up.

http://online.wsj.com/article/SB10001424052702303901504577460900066999454.html?mod=djemLifeStyle_h

"Part of the preamble to Agenda 21, the action plan that came out of the Rio Earth Summit of 1992, reads: "We are confronted with a perpetuation of disparities between and within nations, a worsening of poverty, hunger, ill health and illiteracy, and the continuing deterioration of the ecosystems on which we depend for our well-being."

"In the 20 years since, something embarrassing has happened: a sharp decrease in poverty, hunger, ill health and illiteracy and a marked reduction in these global disparities."

Charles Brumbelow

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Taxes crippling CA

http://www.city-journal.org/2012/22_2_california-taxes.html

The upcoming fifth edition of Rich States, Poor States, a publication that I co-author annually with Stephen Moore and Jonathan Williams, will show just how antigrowth California’s business environment is. Our study uses 15 pro-growth attributes to rank the states’ economic competitiveness. In the first four years of the index, California never ranked outside the bottom ten states; this year, it will probably manage that feat—just barely—thanks to the expiration of numerous temporary tax increases (several of which Democrats want voters to reinstate in November).

Taxes are indeed a big part of California’s economic problem. At 10.30 percent, the state’s top marginal personal income-tax rate is the fourth-highest in the country, and its top marginal corporate income-tax rate of 8.84 percent is 25 percent above the national average. Excessive taxation is an equal-opportunity tormentor, afflicting labor and capital, poor and rich, men and women, old and young. In the short run, higher taxes on labor or capital will reduce after-tax earnings. Some people will violate the law and fail to report taxable income; others will use legal options, including tax deductions and credits, to reduce their payments. In the long run, residents—those who can afford to, anyway—will vote with their feet and leave the state, shifting the tax burden to lower-wage workers, as well as to immobile land and property.

Hardly surprising. If something can’t go on forever it will stop.

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The Space Review: D.D. Harriman versus Dan Davis

Jerry,

An interesting comparison of two of Heinlein’s character’s and how they have informed the space movement.

<http://www.thespacereview.com/article/951/1>

Regards, Charles Adams, Bellevue, NE

An interesting analogy I had not thought of.

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FDA

Emailer Mike T. Powers mentioned FDA regulation causing drug shortages; the Washington Examiner seems to agree:

<.>

President Obama’s Food and Drug Administration has caused "a public health crisis" — a prescription drug shortage over the past two years — by increasing the number of threats issued to raid and close drug manufacturing plants, according to House investigators.

"This shortage appears to be a direct result of over-aggressive and excessive regulatory action," House Oversight and Government Reform Committee Chairman Darrell Issa, R-Calif., said in a statement. "These drugs can save lives and keep people who need them living healthy lives. The FDA is failing to ensure the availability of quality products."

</>

http://campaign2012.washingtonexaminer.com/blogs/beltway-confidential/house-obamas-fda-causing-drug-shortages/600936

—–

Most Respectfully,

Joshua Jordan, KSC

Percussa Resurgo

The FDA regulations and regulators are killing people, but you don’t see them from failure to approve. You do see those who die from an approved drug that goes wrong.

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David Warren intuits the Iron Law:

"But there is an inflationary tendency in all bureaucratic works. By increments the reach of the agency increases, its staffing and budget expands, and the matters it deals with become ever more trivial and absurd. "Hard cases make bad law," and what starts as a reasonable-looking proposal – often to get around red tape – ends in what we have. From Daniel Hill (the first Ontario human rights commissioner) to Barbara Hall (the current one), is a standard tale of progress, from the sublime to the ridiculous."

For the few who don’t know, this refers to Pournelle’s Iron Law of Bureaucracy.

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The Silencing of Maya –

Jerry –

This story puts an unexpectedly human face on the software patent issue. A little girl who is virtually unable to speak for medical reasons now has a virtual voice. Her name is Maya, and her virtual voice is an iPad app called "Speak for Yourself." This app has been revolutionizing her life, but the app is now in danger because of a patent dispute. The patent holder has persuaded Apple to remove the app from the iTunes store even before the litigation has been settled. The rest you can read for yourself, but this is one of those hard cases that reveals just how much our technology is changing our lives.

http://niederfamily.blogspot.com/2012/03/goliath-v-david-aac-style.html

http://niederfamily.blogspot.be/2012/06/silencing-of-maya.html

And this is more information about what it’s like to enable a child who can’t speak to communicate.

http://niederfamily.blogspot.com/p/our-communicationaac-journey.html

Most software patents don’t have such obvious human consequences. It seems to me that the patent holder is holding onto a fading business model. They sell their hardware solution for about $9,000. Their customers have asked for an app for years but the company has shown no interest in undermining their hardware monopoly. An iPad and a few bucks for an app could, literally, sink them, much like ebooks and print-on-demand can sink traditional publishers. I haven’t read the patent or any of the legal motions, but I would get a chuckle out of seeing Bill Gates or Daddy Warbucks come through and buy out the patent holders.

–Gary P.

The Copyright Law was written before the telegraph was invented, and revised in 1975 before the real beginning of the computer revolution. The Digital Millennium Communications Act was written when few lawyers and fewer Congresscritters understood anything about the Computer Revolution, few used the Web, and even the lobbyists didn’t know what they wanted.

It is time to have a complete new debate on intellectual property laws, and a complete redrafting of copyright and patent. The problem is that those who make the laws know little about the technology, and those who use the technology know little about law.

The Electronic Frontier Foundation has one set of views, and they are not those of many authors. Authors themselves are confused as to what they want and need.

Before there is a revision of law there needs to be a discussion to understanding among those who create intellectual property. That is happening, but the pace is very slow.

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A good start…

http://www.allgov.com/Top_Stories/ViewNews/Indiana_First_State_to_Allow_Citizens_to_Shoot_Law_Enforcement_Officers_120611

This law was passed to override an Indiana Supreme Court ruling which basically said residents had no reasonable expectation of being secure from police break-ins and warrants were no longer necessary. In other words, court said the Fourth Amendment of the Constitution of the United States no longer applied in Indiana because it inconvenienced law enforcement.

Forty-nine states and assorted districts and territories to go.

Next to get "asset forfeiture" laws subject to the Constitution.

I’ve read that governments should fear their citizens but subjects fear their governments.

Charles Brumbelow=

Actually, under the Common Law, a man’s home is his castle, and he is presumed to have the right to defend it. That slowly vanished in a slurry of misunderstanding and of court transfer of power to government. Now you are told to leave your defense to the professionals, who seem to have no duty to defend you, nor much in the way of restraint in doing it. As witness the Long Beach incident in which police, in hiding and whose presence was unknown, shot dead a mildly drunken man sitting on a friend’s porch and brandishing a disconnected hose nozzle that resembled a gun. The officers pleaded that they felt in danger of their lives. None have been suspended or charged in the incident with is acknowledged to be ‘unfortunate.’ Salve, Sclave.

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from ‘In Praise Of Narrow Minds’

"Now there is nobody as narrow-minded and as dogmatic as a mathematician. This is a man who just will not open his mind to hearing about new methods to square the circle or to show that two plus two is sometimes not four. He will rebuff, sometimes angrily, arguments which claim triangles have four sides. What a judgmental bigot! It is as if this man is in thrall to a religion, who actually has hold of Truth and believes it come what may. A truly closed mind.

"We should all have minds as narrow. To possess and hold Truth—and not to be talked out of it because of faulty, frivolous insults, or because many have decided to be against you.

"Just think: If you have ever been called narrow-minded then you know that your interlocutor does not want to broaden your scope, to open your mind, to make it fuller, more “accepting.” What your adversary wants is for you to change your mind, to believe differently but just as narrowly as he does, to reject what you previously believed."

http://wmbriggs.com/blog/?p=5739

Live long and prosper

h lynn keith

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“The last 3.5 years have been photo ops, speeches and fund raisers; I shudder to think of an Obama not worried about reelection.

Alan Rosenberg”

——————-

From where I sit this is definitely not a shoo-in. Obama has a crap economy

he promised to fix, and now an Attorney General on the hot seat with

Congress. Mitt Romney is just the guy to make hay with this situation.

B

We cane hope. The President can’t really campaign on his record.

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Adams Quote

Dear Dr. Pournelle,

You were very close on the Adams quote, so that could be why you didn’t find it. I found many quoting it:

John Quincy Adams: "We are the friends of liberty everywhere, but we are the guardians only of our own"

one source from the Congressional Record:

http://www.gpo.gov/fdsys/pkg/CREC-1995-06-06/pdf/CREC-1995-06-06-pt1-PgH5614-5.pdf#page=1

Thought you’d like to know.

Peter Lawrence

Longtime reader and subscriber.

Thanks. That may be where I first found it. It seems a good summary of a Republic’s foreign policy. Friends of liberty everywhere, but the guardians only of or own. Of course tha may well mean making alliances. But we have also been warned about entangling alliances and the territorial disputes of others.

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Solving our ‘entitlement’ problem

Hello Jerry,

Totally by coincidence, I got this from one of my HS classmates (’59) yesterday. It is (supposesdly; I can’t verify it and it likely didn’t actually happen) from a 21 year old girl in Waco that makes some suggestions that would if not solve our ‘entitlement’ problem, at least ameliorate it a bit:

"

"Rat ohn!"

"IF YOU CAN’T FIX IT WITH A HAMMER,

YOU’VE GOT AN ELECTRICAL PROBLEM"

WRITTEN BY A 21 YEAR OLD FEMALE Wow, this girl has a great plan! Love the last thing she would do the best.

This was written by a 21 yr old female who gets it. It’s her future she’s worried about and this is how she feels about the social welfare big government state that she’s being forced to live in!

These solutions are just common sense in her opinion.

This was in the Waco Tribune Herald, Waco , TX , Nov 18, 2010

PUT ME IN CHARGE . . .

Put me in charge of food stamps. I’d get rid of Lone Star cards; no cash for Ding Dongs or Ho Ho’s, just money for 50-pound bags of rice and beans, blocks of cheese and all the powdered milk you can haul away. If you want steak and frozen pizza, then get a job.

Put me in charge of Medicaid. The first thing I’d do is to get women Norplant birth control implants or tubal legations. Then, we’ll test recipients for drugs, alcohol, and nicotine. If you want to reproduce or use drugs, alcohol, or smoke, then get a job.

Put me in charge of government housing. Ever live in a military barracks? You will maintain our property in a clean and good state of repair. Your home" will be subject to inspections anytime and possessions will be inventoried. If you want a plasma TV or Xbox 360, then get a job and your own place.

In addition, you will either present a check stub from a job each week or you will report to a "government" job. It may be cleaning the roadways of trash, painting and repairing public housing, whatever we find for you. We will sell your 22 inch rims and low profile tires and your blasting stereo and speakers and put that money toward the "common good.."

Before you write that I’ve violated someone’s rights, realize that all of the above is voluntary. If you want our money, accept our rules. Before you say that this would be "demeaning" and ruin their "self esteem," consider that it wasn’t that long ago that taking someone else’s money for doing absolutely nothing was demeaning and lowered self esteem.

If we are expected to pay for other people’s mistakes we should at least attempt to make them learn from their bad choices. The current system rewards them for continuing to make bad choices.

AND While you are on Gov’t subsistence, you no longer can VOTE! Yes, that is correct. For you to vote would be a conflict of interest. You will voluntarily remove yourself from voting while you are receiving a Gov’t welfare check. If you want to vote, then get a job."

Works for me.

Bob Ludwick

As you note, probably made up, but bracing…

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Gang paraphernalia

Joshua Jordan KSC quotes a news item:

"A Minnesota high school student who wears rosary beads to school in support of his cancer-stricken grandmother was ordered to pocket them by school district officials, who said the beads could be a symbol of gang membership."

Do you remember what that gang did to the Roman Empire? Best beware of them….!

–Mike

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