Archive for April, 2024

Lindsey Graham:  Recipient Of The Prestigious John McCain – Madeline Albright Rancid Vermin Award!  Oh, And Happy May / Law Day! (April 29, 2024)

Posted in John McCain – Madeline Albright Rancid Vermin Award on April 29, 2024 by e-commentary.org

. . .

K          “It says something – profound and troubling – about
the America experiment that the Empire pursues war crimes as national policy and celebrates war criminals as national heroes.”

L          “That it does.  It celebrates war in all its manifestations.  You know what they say.  If you want a state funeral in America, first be a war criminal.”

. . .

J          “And he is a lawyer.”

K          “American-trained.”

. . .

K          “Any American citizen who publicly calls for the assassination of another person particularly a foreign leader violates more than a few provisions of Title 18.  Is there even one U.S. Attorney who has the courage and integrity to indict Graham after he called for the assassination of Putin?”

J          “You know that every U.S. Attorney wants to be a federal judge.  They must prove that they will avoid enforcing the law against those in power so that they can get into a position of power to . . . enforce the law.”

. . .

K         “I shared a story that I reflect on frequently.  An old experienced law professor who taught comparative law in American and European law schools for over two score years shared his settled observations about the fundamental difference in training and perspective between American-trained lawyers and European-trained lawyers.  With some exceptions, an American-trained lawyer first asks:  ‘Can we get away with it?’  With some exceptions, an European-trained lawyer first asks:  ‘Is it lawful?’.”

. . .

K          “Lindsey Graham is a doppelgänger for John McCain.”

J          “He is a doppelgänger for Madeline Albright.”

K          “He is eminently qualified for the honor.”

. . .

K          “Lindsey Graham is a vile and venal admixture of a sociopath and a psychopath who is indifferent at best whether the entire world is obliterated in a nuclear war.  He is pursuing a private agenda on the public dole.  For these and other compelling reasons and despite ferocious competition, he is most deserving of the prestigious ‘John McCain – Madeline Albright Rancid Vermin Award’ for 2024.”

. . .

[See the e-commentary at Victoria “Fuck the EU” Nuland:  Recipient Of The Prestigious John McCain – Madeline Albright Rancid Vermin Award!  Oh, And Happy May / Law Day! (May 1, 2023).]

Bumper stickers of the week:

“And as for him who lacks the courage to defend even his own soul:  Let him not brag of his progressive views, boast of his status as an academician or a recognized artist, a distinguished citizen or general.  Let him say to himself plainly: I am cattle, I am a coward, I seek only warmth and to eat my fill.”  Aleksandr Solzhenitsyn, “Live Not by Lies” written before he was arrested on February 12, 1974.

“To the 2024 graduating class of the College On War And Violence – and the home of the “Fightin’ Fighters” – I remind you of one of the central truths of life in America.  If you want a state funeral in America, first be a war criminal.  Good luck on the Foreign Service Officer’s examination, your first step on the path to a state funeral.  And for the one or two of you who get it and get out of line, a funeral occasioned by the state.  Godspeed to you.”

We live in a country with many, many, many rules and many, many, many laws, but we do not live in a country that believes in or adheres to the rule of law.

You cannot get out of bed in the morning without violating some section of title 18 of the United States Code, the federal criminal code.  In fact, and as a matter of law, you cannot stay in bed in the morning without violating some section of title 18 of the United States Code, the federal criminal code.  In practice, the United States is a system of men not laws because men and women opt from the panoply of laws that punish all behavior and decide who is and who is not imprisoned.

The Ninth Circuit, The Eighth Amendment And The Hopeless (April 22, 2024)

Posted in Courts, Homelessness, Housing on April 22, 2024 by e-commentary.org

. . .

K          “For two score years, I have followed the Ninth Circuit as closely as some friends follow Major League Baseball or the price of Bitcoin.  The first guiding principle is clear:  The Niners exult sexy and surreal culture war issues while disregarding the cases and concerns of ordinary citizens.”

. . .

K          “The court’s job is to review legislation to ascertain whether it is unconstitutional. A court using a Constitutional Amendment to legislate on questions of public policy is beyond the jurisdiction of the court.” 

. . .

J          “Talk to a woman in any city who is approached by increasingly aggressive homeless citizens.  The treat presented almost always by men against woman from birth is unrelenting.  For a woman or other possibly vulnerable person finding a parking spot in the winter at night near a store is often a twenty-minute search.  A second-tier of parking spaces beside the handicapped parking spaces may be necessary.” 

K          “There is a disquieting tableau of individuals wandering around aimlessly all night with an old blanket as a bed roll and no place to unroll it.”

J          “I hear you.  I see it.  Everywhere.  All the time.”

. . .

K          “They allege that a rising tide lifts all boats.  For tens and tens and twenties of millions of Americans who are boatless, a rising tide only drowns them.”

J          “If they had a houseboat, they have been foreclosed from it.  If they had a life raft, they have been evicted out of it.  This situation hits close to home.  Even living modestly requires swift and steady paddling.  I looked at the credit card statements and the bank statements for just one month and wondered how anyone can afford to stay off the streets.”

. . .     

J          “A little mental health counseling might help.”

K          “Or a lot.”

. . .

K          “I have cataloged the cases brought for persons who can be considered ‘individual homeless persons’ or ‘helpless villagers’ in our society.  The Ninth Circuit treats a case brought by an ‘individual homeless person’ with indifference or disdain.  There is no publicity or acclaim in it.”

. . .

K          “One final decision looked like some hen doodles and fundamentally confused ‘personal jurisdiction’ with ‘subject matter jurisdiction’ in a simple case.  Three judges and twelve law clerks from profitable law schools did not get it.  The explanation is simple.  They did not have any interest or incentive to get it right.  An above average first year law student at a fifth-tier law school would discern that there is some difference.”

J          “I recall that one.  Time to appoint non-lawyers to the courts.  Lawyers are not capable of handling the task.  A new team is our only salvation.”

. . .

J          “Another failed institution?”

K          “They do not fail to disappoint.  The two-tiered review is an essential element of their institutional DNA and explains decades of dubious decisions.”

. . .

K          “The Niners are all about show biz and public relations.  Smoke and mirrors.  Shuck and jive.  They should move their headquarters to Hollywood.  They really are a profound disappointment.”

J          “And then you have the current Fifth Circus Court in NOLA.  I’ll take the Niners any day.”

. . .       

[See the e-commentary at The Ninth Circuit:  Two-Tiered “Just-Us” Review (February 13, 2017) and Revisiting “Does Any Institution In America Function? Oh, And Happy Friday The 13th! (December 9, 2019)” Four Years Later (December 11, 2023).]

Bumper stickers of the week:

Does the enforcement of generally applicable laws regulating camping on public property constitute ‘cruel and unusual punishment’ prohibited by the Eighth Amendment?

We live in a country with many, many, many rules and many, many, many laws, but we do not live in a country that believes in or adheres to the rule of law.

There is no law.  There is only ideology.

April 13 – 14.  Oh, And Happy Tribute Day! (April 15, 2024)

Posted in Middle East on April 15, 2024 by e-commentary.org

. . .

K          “Owning a bully is one of the most joyful and enriching and empowering experiences in life.”

J          “If you do not confront, you will be crushed.”

. . .

K          “They did confront the Hegemon in ways that few have the ken, the training, the empathy or the life experience to begin to understand.  I’ll forward my written analysis this afternoon.  Let’s pull it up and put it on the agenda for next year at tax time.”

J          “Forward away.  I still have this haunting sick sinking feeling that things are getting out of control.  With no adults in the room.”

. . .               

Bumper sticker of the week:

Think globally, act globally; think locally, act locally

Total Solar Eclipse, Totally (April 8, 2024)

Posted in Nature on April 8, 2024 by e-commentary.org

. . .

K          “One of the universe’s inspiring and awe-inspiring phenomenon.  And it is free and untaxed and unprocessed.”

J          “And not genetically modified. Nature’s way of breaking up the daily routine.”

. . .

K          “An aurora borealis is not a static phenomenon like the Grand Canyon or an ephemeral phenomenon like lightening.  An aurora borealis develops and emerges and evolves and mutates and titillates.”

J          “Sort of like a living lava lamp.”

. . .

Bumper sticker of the week:

Nature never fails

Trying To Flee.  Revisiting “Just visiting, thank you.” (April 1, 2019)  Oh, And Happy National Poetry Month!  Really (April 1, 2024)

Posted in Uncategorized on April 1, 2024 by e-commentary.org

. . .

K          “Five years have past; five summers, with the length Of five long winters!”

J          “One thing is for sure.  The five long winters have surely been long winters.”

K          “The five summers sure have been short summers.”

. . .

K          “Still have not finished machining the last part.  Another supply chain problem.”

. . .

[See the e-commentary at “Just visiting, thank you.” (April 1, 2019), The Möbius Loop Of Stupidity, Dishonesty, Hypocrisy, Incompetence, Indifference, Arrogance, . . .  Oh, And Happy Thanksgiving! (November 25, 2019), On Friendship Today:  Flat, Fried, Frayed, Frazzled, Frozen, Fractured, Fissured, Fatigued, Finished?  Oh, And Happy Thanksgiving! (November 20, 2023) and Graduation Advice:  Transcend:  Maintain FL 44; Make A Few Discrete Dives And Diversions To TPA (Traffic Pattern Altitude) (May 16, 2022).]

Bumper stickers of the week:

If you have nothing better to do, why not celebrate National Poetry Month?  Or just give it a week.

. . .

These beauteous forms,

Through a long absence, have not been to me

As is a landscape to a blind man’s eye:

But oft, in lonely rooms, and ‘mid the din

Of towns and cities, I have owed to them,

In hours of weariness, sensations sweet,

Felt in the blood, and felt along the heart;

And passing even into my purer mind

With tranquil restoration:—feelings too

Of unremembered pleasure: such, perhaps,

As have no slight or trivial influence

On that best portion of a good man’s life,

His little, nameless, unremembered, acts

Of kindness and of love.

. . .

Bill Wordsworth, “Lines Composed a Few Miles above Tintern Abbey”

“Many men go fishing all of their lives without knowing that it is not fish they are after.”  Henry D. Thoreau

Poem of the Century during National Poetry Month:  “Move to adjourn.”