Category Archives: Government & Civics

Way To Go, Colorady

Colorado license plate spelling out NO-DKT8TR
Colorado Supreme Court makes the right decision, IMLTHO.

SCOTUS would be crazy not to rule in favor of Smith.

I see the speed with which the Supreme Court has accepted Jack Smith’s request for a hearing on the issue of Presidential Immunity in the January 6 prosecution of Trump as a golden opportunity to cement their “supremacy”, and create a modicum of good will at the same time. It’s kind of a Marbury v. Madison moment for not only the court, but for the entire judicial system.

Maybe they’ll cave, but I think the odds of their taking the opportunity to make a major consequential decision that will inure to the benefit of the judicial system (and the nation) are high.

After I posted the foregoing to Threads, a friend offered his opinion that Clarence Thomas would side with Trump, adding “for starters”. I responded as follows:

Actually, no, I don’t. I suspect he might. There’s lots of evidence to suggest he would do that, but there are long-term, historical reasons why this is a deeply historical opportunity for the court to strengthen the ruling of Marbury v. Madison. If you’re not familiar with the ruling, Britannica explains:

Marbury v. Madison is important because it established the power of judicial review for the U.S. Supreme Court and lower federal courts with respect to the Constitution and eventually for parallel state courts with respect to state constitutions.

I may be wrong – perhaps crazy – but what remaining legal spidey sense I have (it’s been over 47 years since I graduated law school) tells me this is a once-in-a-lifetime opportunity to further cement the court’s power to be the final say in matters of constitutionality.

It doesn’t have to be unanimous, though I believe there are powerful and important reasons for the court to rule en banc.

If they pass up this opportunity to strengthen the position (and power) of the court to rule on the constitutionality of both legislative and executive acts, as well as make a decision that seems – prima facie – in line with our country’s stated objectives for existing, I would be surprised. Not necessarily shocked, as they are dominated by RWNJs. However, I think they could write a decision that could conceivably be as momentous as that of Marbury v. Madison. Furthermore, from a political perspective, I think such a decision would serve to blunt some of the criticism certain members of the court have been receiving, though it should in no way negate the egregious performances of those who have accepted bribes from wealthy patrons. That should NEVER go away!


A Memory Of The Takeis

Five years ago many of the women on my wife Linda’s side (they’re a large majority) gathered at the studio of famous photographer Toyo Miyatake, now run by his grandson, for some group photos. While wandering around playing the role of 8th wheel as her immediate family posed for pics, I came across a photo montage Mr. Miyatake had taken at George Takei’s wedding to Brad Altman. I took a photo of it as its rarity was obvious and I had my Apple tricorder, er, iPhone with me.

A year and a half later we went to the Ricardo Montalbán theater* in Hollywood to see (and hear) “Uncle George” discuss his new book “They Called Us Enemy” about life in the Japanese internment camps during WWII. Linda’s parents and older sister were imprisoned for two years in Colorado (Amache).

As we were in line, slowly climbing the stairs to purchase the book and have it autographed, Brad came up behind us and introduced himself. He graciously – nay, enthusiastically – agreed to pose for us. I didn’t get to meet Brad’s husband, but Linda did … and I got this photo of them.

*I didn’t get the Khanection with the theater at the time. I was focused on the connection between his experience and that of Linda’s family.


Fani Flames Gym

Just finished reading Fani Willis’s response to Jim Jordan’s ill-conceived attempt to bully her into backing off of her RICO J6 investigation/prosecution. She flames him at least a half dozen times while refuting every position he asserted in his previous demand letter sent to her on August 24.

While it was an eminently enjoyable read given the disgust I feel, and the disdain I have, for the congressman, Fani’s (or her staff’s) approach is readable and succinct. If you ignore the numerous citations—which I would only research if I was intent on answering her letter, which I’m not—the points made are clear, concise, and to-the-point. That she occasionally takes him to the woodshed is a lagniappe.

Don’t take my word for it, read it yourself. Feel free to download it. I’m also including the original letter sent by Jordan to DA Willis for your reading pleasure (see below).


Power to the Workers!

Capitalism served its purpose bringing us out of feudalism. Now it’s become nothing more than a generalized Ponzi scheme and an industrialized version/analogy of legacy admissions. It’s high time we socialized the value we, the workers create. #SupportWorkers


Dare We Say “Murderer”?

I have long contended that, taking into consideration his knowledge of the pandemic, along with his reckless disregard for the consequences of his inaction, Donald John Trump is guilty of second degree murder. It’s clear he was more interested in his re-election and “legacy” than the safety or security of the American people.

One of the primary duties of the President is to protect the national security of the United States. In addition to serving as the commander-in-chief of the U.S. armed forces, the President has a responsibility to protect the health and safety of the American people. This includes responding to public health crises, such as pandemics or natural disasters, and taking proactive measures to prevent the spread of disease or other health risks. The President may work with federal agencies and state and local governments to coordinate responses to these types of emergencies, and may also provide guidance and support to individuals and communities affected by such events.

These tapes, shared and discussed on “The Beat With Ari Melber” with Bob Woodward and Dr. Kavita Patel, make it clear (if you weren’t already convinced years ago) that Trump cared little for the American people’s health and safety during the worst years of the Covid-19 pandemic. He consistently downplayed the severity of the problem, instead lamenting about how it was affecting his re-election. Had he not been so callous and dismissive of the disease and its impact on the nation, he likely would have been re-elected. Instead, his single-minded, narcissistic focus on himself made it clear to a majority of the people he was singularly unfit for the job.

Anyone who votes for this clown is an imminent threat to the health and security of the United States of America and the world. Please be sure you’re registered to vote and that you get out there November 5, 2024 and ensure he is never allowed near the seat of power again.


I’m Counting On You

Dear GenZ:

I need to tell you something. Although I’m a Boomer, I have a great deal of love and respect for your generation. One reason for this is because my wife and I became first-time, adoptive parents late in life and both our daughters are in your generation. They’re currently 19 and 21. But also because you embody the ideals and aspirations I had as a young man back in the sixties and seventies, when I was an anti-war and social justice activist.

In 1966, shortly after I graduated High School and when the war in Vietnam was heating up, with US troops heading toward an eventual commitment of half a million troops, I joined the US Navy, following in the footsteps of my father and thinking it was the right thing to do. I was medically discharged after only a month and 23 days, but that’s another story that has nothing to do with the point I’m making herein.

When the police rioted in Century City in the summer of 1967, and I was running a small snack shop in downtown L.A., I remember thinking that the police were probably right and dealt with the demonstrators appropriately. I was soon to discover just how mistaken I was. So began my transformation into an anti-war activist.

Without going into too much detail, I’ll just note that I spent about five years organizing, demonstrating/marching, and doing security for others who were protesting the war in Vietnam and racism and sexism in our society. It was pretty much full-time and I only worked to make enough money to allow me to survive while being an activist. My work culminated in a two-month trip in the Spring of 1973 to Cuba, as a guest of the Cuban Government, with the Venceremos Brigade. Shortly after my return I began law school. I was burned out and wanted to get on with my life, which I had neglected in favor of my activism.

I remained politically active to some degree, but not like I had been, especially since U.S. involvement in Vietnam had effectively ended in January of 1973. It was with great dismay that I realized my generation was not merely withdrawing from the activism the war had ignited, but was actively moving to political and economic conservatism. In 1976, the year I graduated with my J.D., Jackson Browne released his album “The Pretender”. The title song contained the following lyrics, which resonated deeply with me. The still do.

I want to know what became of the changes
We waited for love to bring
Were they only the fitful dreams
Of some greater awakening?

The Pretender – Jackson Browne

Just recently, as I was refreshing my memory about the lyrics and what he was saying, I came across a video where he explains a bit about the genesis and meaning of the song. In describing who the pretender is, he says, ” … it’s anybody that’s sort of lost sight of some of their dreams…and is going through the motions and trying to make a stab at a certain way of life that he sees other people succeeding at. So maybe it’s a lot of people of a certain generation who sort of embraced a very material lifestyle in place of dreams that they had that sort of disintegrated at some point.”

I don’t mean to imply, by the title I’ve chosen for this post, that it’s your generation’s responsibility to achieve what my generation so spectacularly (at least apparently) failed at, but rather my hope as I approach the end of my life to see a truly better society, a better world, and a rise in decency and mutual respect among the people of this planet. I’m hoping you will prove to be the generation that achieves that “greater awakening”.


Test Driving Google’s AI, Bard

In early 2009 I was privileged to spend a weekend with Dr. Russell Ackoff thanks to a friend and former colleague. I recall one incident where, while we were at Russ’s home, I mentioned my belief there was a similarity between the philosophy of dialectical materialism and the concept of systems thinking. As I recall, he was pretty upset with me for saying this. It’s stuck with me over the years.

Thanks to another friend on Facebook, I now have access to a set of AI tools, one of which is Google’s Bard. The other day, in an effort to test drive it, I proposed the following task and received the following reply:

Me:

Compare the philosophy of dialectical materialism as expressed by Karl Marx and Friedrich Engels to the concept of systems thinking as expressed by Russell Ackoff and others.

Bard:

Dialectical materialism

• Dialectical materialism is a materialist philosophy that emphasizes the role of conflict and change in history.

• It is based on the idea that the world is constantly changing and evolving, and that this change is driven by the conflict between opposing forces.

• These opposing forces can be social, economic, or political, and they can be found at all levels of society, from the individual to the global.

• Dialectical materialism is a dynamic and evolving philosophy that has been used to explain a wide range of historical events, from the French Revolution to the fall of the Soviet Union.

Systems thinking

• Systems thinking is a holistic approach to understanding the world that views it as a complex system of interacting parts.

• It is based on the idea that the whole is greater than the sum of its parts, and that it is impossible to understand any part of a system without understanding the system as a whole.

• Systems thinking has been used to understand a wide range of problems, from environmental degradation to economic inequality.

Comparison

• Both dialectical materialism and systems thinking are complex and sophisticated philosophies that have been used to understand the world in different ways.

• Dialectical materialism is more focused on the role of conflict and change in history, while systems thinking is more focused on the holistic nature of the world.

• Both philosophies have their strengths and weaknesses, and they can be used to complement each other.

For example:

• Dialectical materialism can be used to explain how conflict between social classes leads to social change, while systems thinking can be used to understand how the different parts of a society interact with each other.

• By combining these two approaches, we can gain a more complete understanding of the world and how it works.

Not quite as in-depth as I would have liked, but it does kind of jive with my understanding of the overlap of the two outlooks.


A Needed Update

The DOJ’s OLC policy of not pursuing criminal investigations or prosecutions into or against a sitting president needs to change! Their argument that it would ” … unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions”—in light of the serial criminality of the former President—no longer holds up, IMO. Look how thoroughly it screwed up every aspect of public life and how much it’s cost us in both treasure and prestige. This raises some thorny questions I will try to tackle in the future. I’m just spitballing right now in light of what we’re learning (and many of us knew long ago) about the criminality of the former President, Donald John Trump.

Lady Justice. She shouldn't be blind to criminality by anyone.
She Shouldn’t be Blind to Outright Criminality by Anyone!

String Him Up!

To be clear, If the evidence warrants it (and all but the most partisan know it does) I want to see an indictment—actually several—of Trump. He remains innocent until proven guilty and I want to see the “rule of law” upheld by our court system. If he’s so fucking innocent, let him prove it to a judge and jury. He’s been treated more “fairly” by our justice system than millions of our poorest citizens. Neither he, nor his supporters have ever uttered a single word about the unfairness of that system. Now, all of a sudden it’s rigged and unfair. Screw them and him. Let’s see it play out.