Sunday, December 11, 2016

Congress alert. Malfeasance in the aggregate may ground impeachment. Do not condone suspect acts or omissions now.


Official misconduct, malfeasance, nonfeasance, grounds for what sanctions?
Is a president-elect an "official" -- what preserves actions until he is?
What ethical obligations constrain him?


Q. Are we reaching a point where a collection of acts (you pick) constitute an actionable pivot point as to not only elected officials observing, but also officials-elect, awaiting oaths of office.

Officials (including the president-elect) even before the oath of office is taken, appear to be engaging in patterns of acts and omissions that, if accepted by Congress or voters or electors, could conceivably be used as a defense to impeachment if raised after the oath of office. After all, the behavior was known. What are the ethical obligations applicable to the president-elect, president. See Ethical obligations of officials in delegating authority, see http://sassafrastree.blogspot.com/2016/12/how-to-bell-the-trump-cat-if-in-office-contain-if-not-yet-there-are-procedures.html

The alternative of recall does not appear to be a feasible option at the Federal level, given majority-minority lineups, and premature as to a new official who can argue that everyone should wait and see.  See http://www.senate.gov/CRSpubs/ee067ba0-db71-4394-9a37-453316aeb453.pdf.  At the State level, there are more choices, see https://ballotpedia.org/Laws_governing_recall, but those of course take time and coordination.

Journalism and morning talk shows will not help.  They could have, and did not help with assessing facts in the past election. They set a pattern (ongoing) of responding to ratings and ad income, reporting mostly a silly menu, a panoply of free-floating opinions. Take away the microphones. Who cares. Get out the facts first, then ask those people about the facts, add to understanding of facts. Instead, reporting stops with what the gurus simply think about the price of eggs in China.

A.  Yes. Plan now.

Malfeasance.  See https://www.law.cornell.edu/wex/malfeasance.  At a lesser level, nonfeasance or misfeasance, same site.  Intentional conduct wrongful or unlawful -- can be one or the other.  Inappropriate.   Broader than crime.  Crime or misconduct will suffice -- see https://www.law.cornell.edu/wex/impeach

Start thinking.  Malfeasance in the aggregate can surely suffice for the otherwise unexplained "misdemeanor". Cite common sense.
1,  Muster evidence as it accrues
2.  Record and notify the actor of the problem with the behavior that you see.

And here,
3.  Prepare pleadings and disseminate drafts now to voters and anyone, to show what pleadings are like.  Draft this or that. Tweet it. Address the possibility of a lesser-than-criminal ground for impeachment; the mis-demeanor, that in the aggregate create a pattern that calls for impeachment.  Identify the standard. See Congressional Record by Congress USA 2/12/1999 at S1484.

The country we lose, etc.

What outside help is there? Expect from journalism and schills only the ad nauseum reporting of what selected moguls and mainstreeters think about it to make your story, apart from the standards applicable and whose opinions may be worth something, and whose worth naught a shilling.  Gee, I like it.  Wow. I don't like it. Now you've heard the evening news, seen the feeds, talking heads, talking heads, dupe in the street. See standards of ethics, at least, at Ethical obligations of officials in delegating authority, see How to bell the Trump Cat.

Monday, November 21, 2016

Immigration, deportation, divestment. Put back the Writs. Legalism overwhelms equity and regrets It.

Puttin' Back the Writs.  
Writs of Equity: When the unlawful act is identified, restore fairness to the consequence.
A behavioral penalty; not just a fine, easily enough paid.

Equity Remedies; Equity Writs.
Fairness; Accountability, both sides.

Update to 2016. Equity issues looming large. Prevention, make the injured party whole again, not just focus on punishment for a perpetrator. Must a president-elect divest himself of his business interests, give up all hope of future benefit from them (no arrangement for buy-back).  If he acts as Commander in Chief for the nation as to a matter where he has hotels, he will not have divided loyalties. Prevention. How to define failure to divest as a legal violation, how to examine the emoluments clause and apply a fair consequence where mere money damages will not prevent recurrence.

Can someone get a declaratory judgment for a looming imminently impeachable offense? Is conflict of interest an impeachable offense?

Other application for equitable remedies, equitable balance.  Must people be deported where a government has condoned their entry without documentation, and for decades. What now of some 11,000,000, where the accuser failed to act in a reasonable time. Equity. Who slept on what rights? What was condoned. Who is estopped from changing course radically now. What now. See other legal and equitable terms at http://www.obstacledelusions.com/Definitions.htm

A. How to approach a need for prevention, where matters are likely to recur but evade review? Where a fine or money damages can be paid and not stop the issue.

Deterrence in come case must be ongoing, not mooted out each specific instance.

 Look closely at equity jurisprudence, the opportunities that equity provides, where there is a breaking of a law, a violation of constitution. Money alone will not deter for the very rich. Just pay the price.  Define the duty to divest as a necessary preventive; a way of ensuring governments do not use emoluments to get an in, by adding to business interests, offering business incentives.  Divest now is the only way to prevent that.  Equity may act even though in this era legalism is prominent, a platform for partisanship.

B.  Proposal:  Define omission to divest fully (cash it out, now, if you want to be president); and prepare the papers for immediate impeachment on constitutional grounds if that is not done by the swearing-inn.  In addition, where a president elect holds his assets without divestment by the time of the Electoral College Ball, the electors shall be free to vote their consciences, free of direction and consequence from party or State. 


C.  How we got here, ignoring equity as though it is not part of our system of justice.

1937 was a fateful year for American jurisprudence: In 1937, law and equity were combined in one proceeding, in the Federal Rules of Civil Procedure. It seemed to be a good thing. Other countries had already done so, but our lax effort formally to incorporate fairness into legal matters, even at ony the penalty phase.  Without a named place for equity in the courts, going to automatic sentencing instead too much, we give enforcement extremists firmer ground for judging others and taking punishment into their own hands. Did we forget that equity is as much our heritage as is law.

1937 was a buffet of extremes. In 1937, the nation also began levying taxes on people's earned waged, for social security; North Carolina established the first state contraceptive clinic; the Pope had an encyclical read in churches, including in Germany, berating Nazi "paganism and racism," then apparently sat out the rest of the war, is that so?; Italy banned marriages between Italians and Ethiopians; a year of great births, arts, feats, slaughters (Guernica; and Picasso's mural of it), the Appalachian Trail was dedicated, Buchenwald labor camp in Germany started operating, Dr. Seuss published his first book, "My Funny Valentine" was a hit, Los Angeles - site of the first drive-in  bank, Hitler stated his intentions to his advisors, see it all at Timelines of Historyhttp://timelines.ws/20thcent/1937.HTML 

D  Effectively incorporating an equitable remedy is not difficult. Take it in steps.

1) Law -- Identify a statute; and who, if anyone, violated it; then apply, to the consequence,

2) Equity -- What, in fairness and accountability, should happen next.

Decline of equity is a decline for jurisprudence, in effect says Roscoe Pound, a 19th Century jurist, whose views are laid out at Jacqueline M. Nolan Haley's paper echoing ideas of Cardozo at http://www.cojcr.org/vol6no1/CAC105.pdf/
  • Legalists ask, skip all this. Why not just impose a fine? Respond: punishment is not the focus. Addressing the problem, is.Law enforcements like punishment, incarceration, money damages, all not a fit for some behaviors, the kind of obligation that evades review, recurs easily once the fine is paid. 
    • The bringer of the action, however, has to act speedily. 
    • There is, in equity: laches, sleeping on your rights, undue delay before seeking a remedy, so that the other has relied to his detriment in the arrangement. See Equity Decides DNC Rules; Apply Laches.  Clean hands. The requirement that one who seeks fairness but also have done, must do, fairness. .
I.  Law. 

Quick look, before moving to the less familiar Equity.  Law cases gave the right to a jury, equity cases did not.  But constitutionally, people had the right to a jury - always subject to interpretation.  Most States now combine the concepts, with preservation in equity for sentencing to a degree, for example.  Some States retain equity courts, or "Chancery" - as Delaware, where corporate matters are considered "equitable."  For an overview, see http://supreme.justia.com/constitution/amendment-07/06-continuing-law-equity-distinction.html/


Equity jurisprudence. Puttin' Back The Writs

Fred Astaire sets the stage for WritsPuttin' On The Ritz from 1929, http://www.youtube.com/watch?v=j02k9t4rP50.














II.  EQUITY JURISPRUDENCE

Equity provides specific behavioral tools for accomplishing a specific goal, where an award of mere money damages will not make the injured person whole again.   Count the ways:

1.  The Injunction - You. Stop that.
 
2.  Declaratory Judgment. The Judicial Interpretation In Advance ("Declaratory Relief") - If you do this, it will be found ok or not ok.  A declaration in advance.

3.  Forfeiture - You give up what you have and do not get it back. You get none of it.  Generally this extreme is abhorred.

4.  Reinstating a Contract - You broke this part of it but it is not forfeit. Make the contract operative again

5. Trusts and Liens Imposed Involuntarily - You may continue to hold this, but only for the benefit of someone else

6.  Reforming a Contract - Change this or that

7. Rescinding a Contract - Cancel it out

8.  Damages - The value of something lost, not received, or altered. This is the usual compensation in legal matters now. Easy, fix a number, enforce it.

III. PUTTIN' BACK THE WRITS

Prerogative Writs - These are the ones in the news now, with habeas corpus and Guantanamo particularly.

Go back to find an overview at this summary legal procedure site, at  http://www.geocities.com/melanie_lawnotes/NotesonLegalHistoryOutline.txt.  Why is that now a redirect?? Yahoo? Get out of there.

In the old days: an action had to fit in one of the writs to get before the court.  Then equity found other matters that still did not fit, so the powers broadened. See ://www.lawteacher.net/Equity.php
  • Habeas Corpus - "You have the body" - the big one in the news today, about the Supreme Court granting rights of Habeas Corpus (the right to request a hearing on the reasons for a detention) to enemy combatants/ others and whoever else at Guantanamo. Since there have never been hearings, we have no idea whom the great governmental vacuum cleaner sucked up. Thus, the Great Writ, the Writ of Habeas Corpus, arises. See ://www.lectlaw.com/def/h001.htm; and http://www.aclu.org/safefree/detention/habeastimeline.html
  • Prohibition - "Stop that!" to keep a lower court from acting, or person, see ://www.bwlap.org/TAPs/writs.pdf
  • Mandamus - "We command" - to force a lower official to act. See ://www.lectlaw.com/def2/m079.htm
  • Certiorari - to make something more "certain"- permits appeals to a higher court. See ://usinfo.state.gov/journals/itdhr/0405/ijde/messitte.htm.How to pronounce it? Think sert-chor-ar-eye or sert-chor-ar-ee
  • Quo Warranto - by what authority does a lower official act. See ://www.enotes.com/wests-law-encyclopedia/quo-warranto
Applications to modern issues:

Immigration?  It is not enough to find a law broken by this person or that.  How did they come to need to get here, what did we do to encourage it, and with 10,000,000 "illegals" here, without documentation, how do we move forward without making 10,000,000 enemies.  Arizona, we need your input, but not your draconian system.  Law and deportation simply don't work -- need to expand the jurisprudence as has been done any time the system is overwhelmed with the problems.

IV. COMPARING LAW AND EQUITY JURISPRUDENCE

LAW SIDE. Legislatures write and pass laws. People obey the clear, unambiguous laws. Judges enforce the clear, unambiguous laws.

But what if something does not fall within a "law," or there is an ambiguity, a twist?

Law cannot do it all. It still takes interpretation. Whether the person has obeyed or not depends on how the judge interprets or construes the law - judges indeed and properly make new law by discussing and making further grounds for past laws that almost fit, but not quite.

Maybe an older law does not apply at all to this new situation. This is not judicial "activism" - it is a venerable part of the common law - how we regulate human behavior, what do you do when the shoe don't fit.

EQUITY SIDE:  This adds concepts of fairness to a sentencing, to a penalty.  On the criminal side, how to punish a perpetrator, to deter.  On the civil side, how to make an injured person whole again. Is there something in application of the LAW that does not fit - the injured party is not made whole yet, or the guilty one not appropriately punished in order for deterrence and other reasons to work out.

See the "Maxims" of Equity for the basic principles applied in equity. Fairness things, not just the letter of a law, but how the person behaved also. Taking advantage.

Equity - a Long Tradition of Protections


What powers does a judge have, and what rights does a defendant have in resolving issues rather than just money to right a wrong. See ://www.jtblaw.com/legal_remedies.asp.

People may want a piece of property back, or a possession back, or to get someone off their land, recover the value of something, stop people from this, force people to do that, the human community. 

Current events:  Immigration, deportation, unduly onerous prison sentences

Rights of habeas corpus:  Know what it means. That is only the right to ask for a hearing. For Guantanamo, an inmate can find out what the government has against them. Is it justified?  It does not mean they are released. Inmates just get the right to make their case that they were in the wrong place at the wrong time, and as to some that may be true. A legal strainer.

Like your own child caught in a riot abroad, and arrested. You would want the right to challenge why he or she is there at all. Basic.

When money damages won't do it, look to equity with equal purpose and stature.  See ://basic Civil Procedure text.  Was its slow death over the years fair?  Or was it mechanical. Refocus on equity jurisprudence.  Balance the punitive focus. Sometimes the just do die. The fact of a death is not a judgment on merit.

Death by Firing Squad, Jovan Simonon Plamenac, Memorial, Cetinje, Montenegro





















Jovan Simonov Plamenac, see .Montenegro Road Ways, Memorial, Jovan Simonov Plamenac, Cetinje, Montenegro.

The criteria are the circumstances of the case, with acknowledgmenet that individual attention may have to be limited. As to a president-elect, ask if the penalty of having to divest is fairly balanced with the need of a nation to have objective, non-personally-invested-financially iinterests at the helm.
That shocks the conscience of all of us. Someone not taking a needed step, in order to save his hotel?  Give us a break. Start the impeachment now, nerds, so it can be filed in the first day.


Thursday, November 3, 2016

Fruit of the poisonous tree. What happened in the gap? FBI Comey. Report on the rogues.

FBI grapples with Fruit of the Poisonous Tree. Rogues and taint in election year. 

This is the Bureau that Jim got.
See update 11/4/2016 *   

This is a computer
That belongs to a Husband
That the FBI was investigating
That was in the Bureau that Jim got.

This is the rat,
That saw a Wife's file header
That sat in the directory of the Husband's computer
That then steamed in the Bureau that Jim got.

This is the conspirator,
That agreed with the rat,
That they'd keep the Wife's file headers secret,
That then snooped inside, click click, did they?
That then figured how to use what they found
That just turn an election -- oh, blessed data
That agents turned partisan know well how to use,
That now boiled -- or not -- in the Bureau that Jim got.

This is heritage of manipulating a scene
That deluded grandees in field offices admire,
That might unearth matters for their political use
That might smear an election, favoring their guy, like an op.
That familiar tack, even if tacky, in the Bureau that Jim got.


This is the now Director, good guy, they say,
That knew of rogues in a field office
That touted visions of grandeur beyond their pay grade
That just itched to see certain shelved matters back in the in-bin.
That better suited their politics. A matter for correction.*

This is the Director. In or out of the loop?
That might have wanted a warrant (did he?) to poke in Wife's files
That failed to rein in his rogues from their leaky intentions.
That still warrantless boiled over plotting leaks in the Bureau that Jim got.

This is the panic of the Director caught asleep at the switch,
That still sought no warrant as to Wife, claimed nothing exigent (is traitorous leakage exigent?)
That finally wrote a carelessly worded letter to outsiders, sending election polls reeling.

This the exclusionary rule
That requires evidence to be legally got, 
That excludes warrantless use as  a)  Fruit of the Poisonous Tree. unless exceptions apply.
That exceptions include b)  exigent circumstances, good luck with that.
Et ceterot.
That compound the secret the conspirators brewed,
That lay in the directory of the Husband's computer,
That as to which the Director for three weeks knew naught,

Here, Mother Goose digresses, already out of cadence:

What is an illegal search, children.

What limits the clicks and dances of conspirators through the merry ballroom of the FBI. Did the Husband have authority to give over Wife's material in his computer? Was it jointly owned?  Does illegal search include the step of additional clicks on a directory clearly labeled for another. Is that the real world, to expect restraint in politics? Must the FBI be political?


Now, who will examine the computer boiling over in the hands of the FBI to see this angle:  Who clicked on what, and when. Are there conspirators, bad actors here, is that the norm, or is everyone squeeky clean? Do we really believe the rogues waited for a  warrant for 3 weeks?



This is the data 
That conspirators found (what was it!!)
As they skimmed through the trove
That still was kept secret
("Skip a warrant! We're In!")
That lay in the computer three weeks for the dance,
That sat in the house that Jim built.

This is exclusion the law provides
That now grabs the FBI's own ankles.
This is the hetman all tattered and torn,
That now must examine his own.
This is the cock that crowed in the morn,
That put the secret out there, now what?
 That alarms the nation.
That waked the nation.
That, until its own investigation is done, in open, taints all of us.

Who will bell the cat?
..............................................................
* See An Introduction to Political Crime by Jeffrey Ian Ross 2012, at pp.107ff;  and now, a request for an investigation here, see https://www.yahoo.com/news/house-dems-want-probe-of-fbi-leaks-about-clinton-203404620.html

Thursday, October 13, 2016

Google adopts trompe news concept fact check label for news and positions

 Google is on board for transparency and truth in reporting.
Google is labeling for truth. 
Long advocated: see Old Term Trompe News
Political update: Trompe of Trump

Update 2016.  Google is adopting a truth-rating service with its fact-check label. See http://www.pcworld.com/article/3131505/data-center-cloud/google-news-battles-era-of-spin-with-fact-check-label.html.  That idea of assessing objective merit for the thought-process, the evidence relied upon for a conclusion, has been around for years, with our own Trompe News label advocated here. Why the delay Google? Count the years:  Eight.

TROMPE NEWS

Rating - TN. Trompe News.

A.  Background and uses, Term Trompe. 

1.  Apparatus Trompe.  Think Trumpet.  This root of Trompe is an apparatus, push wind in one end, fiddle with valves, and out comes wind with sound. Example for home experiment:  Make water fall through a pipe with holes in it, forcing the air already in the pipe to glom up and expel at the other end, and an air blast will result such as those used in furnaces or forges. See Trompe at http://www.thefreedictionary.com/trompe/  Think of this use of trompe as in trumpet - the music goes round and round then  whoa-oh-oh blaaaaat.
Uses of trompe can be benign or malignant, depending on context and intent.  A whoopie cushion is a malignant use of the idea of forcing blasts - no useful purpose but to generate derision for the unfortunate whooper.

2.  Technique Trompe.  Think trompe l'oeil -  French. Think Fooled You. Fool the eye. This is a technique whereby simple games with paint and plaster, or photography, make something two dimensional look three dimensional, etc. Think the Ha ha.  That door over there is no door at all, but a little canvas behind which is an elevator shaft, open.  Fooled your eye.  And, the technique can be used in benign or malignant ways, as in the elevator example. See http://www.trompe-l-oeil-art.com/trompe.htm/

3.  News Trompe, or as we prefer, Trompe News, is blowhard news, sometimes mistaken for Trump news, but not always. Trompe news benign, trompe news malignant, in the eye of the tromped.  All persuasion is manipulative in the effort to sell, but can be fairly informative. Learn propaganda techniques and apply to news for trompeness. Early propaganda analyses, see http://www.propagandacritic.com, and look for fear inducement, the sloganeer, the blaming of a scapegoat, spin, focus on masses and not those with education, access to vetting, backgrounds in self-protection. Obstruct, oppose, duck debate, repeat.

4.  Add to News Trompe, the labels of News Tilt, or Incitement Push.  Governments and privates use all these techniques, see ://www.sourcewatch.org/index.php?title=Fake_news.  See Joy of Equivocating, News Tilt; or Incitement Push, see Joy of Equivocating, The Incitement Push News "Product".

5.   Home exercises.  The Citizen's Defense to Propaganda, demagoguery.  Identify any and all trompe news as to nature and source.
  • TN Constructive; or
  • TN Entertaining
  • TN Destructive.
Is all that is paid for by special interests only Fool's News>  Do media hesitate to criticize its ad-buyers in news coverage?  Of course. The Fool me once, idea. See President Bush at http://www.youtube.com/watch?v=8Ux3DKxxFoM

Meanwhile:  Trompe News.  Everyman's signal that what follows may not be fact yet, but could be, should be perhaps, read and think. Google, cheer the labeling but vet the labelers. We need transparency for who is making the choices of label.

Conclusion:
  • Readers, researchers, voters need transparency in news services, a way to assess merit in political positions, and that is partially accomplished by a rating system for objective reporting. Is the position taken related to reasonably actual fact.   
    • Fake News served as one such category, but that label leads to avoiding sites altogether. Proposed here was a label, Trompe, to suggest not just fake, but trumped up, puffed and blown out of proportion, fool you.

FN as a label for Fake News has become overused on comedy shows. Instead, the issue is serious. Fake News, with carefully winnowed and spun factoids, is everywhere, including with the slightly Frenchified concepts of Faux News.  Accordingly, the Joy of Equivocating  staff applies a more descriptive and less hackneyed term to the concept. 

Wednesday, October 5, 2016

Marketing game teaches exploitation, denies equity in justice.

 Trust-Antitrust Game
Teach market dominance to your child.


2016 Update.. Legality-equity issues are back in the news. How to skew a justice system so that bare legal minimums (minima?) need only be met in pursuit of profits, without equity coming into play. See how legal standards foster exploitation if there is no overlay of equity applied. See http://nymag.com/daily/intelligencer/2016/10/trumps-tax-avoidance-was-legal-thats-why-its-an-issue.html 

  • Bare legal minimum:  A feudal concept of strict law and automatic punishment, the Star Chamber, a system benefiting the autocrat and nobility, finally dented at least for a while through the Magna Carta, with the short-lived compulsion of England's unmerry King John.  Whether the issue is trust-anti-trust, or application of law without equity, the point is manipulation.  It works.
  • Counterplay:  Maxims of  Equity, where the legal result strictly applied shocks the conscience of the court, see equitable remedies at http://lawiscool.com/2007/09/25/the-12-equitable-maxims/
  • If avoidance of taxes is legal, but produces a result that shocks the conscience, then apply equity. Hello, Trump.


    • Today, a current presidential candidate reverts to feudalism with his boast of his skill in legal tax avoidance, and in the absence of any meaningful Alternate Minimum Tax for vehicles available to his real estate ventures.  These tools including exemptions from full tax for Subchapter S corporate structures.  The attitude so fostered leads to flawed entitlement: the often successful use of alleged Foundations in one's own name to fund personal need for slush to pay his debts and so on, 


[2009 Update. Trust- antitrust concepts are back in the news. Washington is poised to resume strong enforcement of rules to curb antritrust activities, supposedly, in the corporate world. See Administration Plans to Strengthen Antitrust Rules, NYT 5/11/09]

Marketing.  Sow seeds of disinformation, exploitation, bury equity.



















I.  Background:  Any true capitalist knows that exploitation of consumers is the proven way to profits. Regulation only serves to curb the productive exploitive activities on which business, real business, is based. Regulation, therefore, is to be opposed at all levels.

Where regulation is apparently unavoidable because of votes by the uninformed exploited, then this game will teach the needed responses. Learn disinformation skills, how to say one thing while doing another (Mouthing); and manipulation of tax codes so that only the most blatant and obvious illegality will be caught, and there shall be no obligations of equity beyond the merely and baldly legal. Learn the skills, for example, of verbally supporting competition, while undermining it by coded exclusionary hiring practices, and fostering stagnant education systems, sparse and unreliable mass transit and infrastructure, and lack of sustenance in populations of tint or accent.


II.  The Game.  The Game is entitled, Competition? My Foot, * and is comprised of three basic strategies;  a moderator; and players.  The course of play is a ladder.

a.  Strategies:

1) Setting the Fixed Starting Point so serve one's own ilk,
2) Derailment of Others,
3) Inequity Perpetuation

b.  Moderator: Maneuver any regulatory panel or judicial banc so that only those who think like you are in positions of decision-making, adjudication

c.  Players: any aspiring entrepreneur, ambitious person in whatever field applies.  Each player has Four Charms and Two self-standing Ladders. Moderator places Players according to the Moderator's personal predilections for ethnicity, parental connections, suavete. Players closest to the Money Pit set the rules. Players at greater distance have no recourse but to wait for another game.


.

d.  Objectives.  The levels of Game Play are designed
a) to spark interest and return plays,
b) to keep the Winner class at all time lows in number,
c) to steer societal income flowing to Winners at ever-increasing highs

Status quo shall be defined as 90% of the income generated as going to 10% of the population, that proportion subject to change.
    Background audio-visuals: Ka-ching whizzz ping bam. Flash.

    * Game Title derivation:   "y foot" - an expression of total ridicule - see Noel Coward's little play, Present Laughter, from 1949 at page 95, ,

    e.  Strategies: 
    • place a ladder for another aspirant, then kick out ladder legs, 
    • put up misleading signs, leading nowhere, 
    • tie ankles together,
    • attack an Aspirant personally for appearance, 
    • fail to prosecute rape (see Los Angeles PD rape backlog 12000 cases, at http://www.citywatchla.com/content/view/2163/
    • deport while having left borders open for years(no equitable concept of condonation to alleviate strict penalty for violation of a law), 
    • write and distribute baseless tracts against Aspirants, 
    • poke cogs in the Aspirants derailleurs (a bicycle reference to the gear shifting mechanisms), 
    • disrespect or whack off competitors' horns figuratively or literally (old method, lynching), 
    • spread rumors and disinformation with little reference to reality or fact, 
    • criminalize activity predominantly engaged in by Aspirants but functionally similar to activities engaged in by Winners and not prosecuted;and 
    • enact laws negatively affecting aspirants more than Winner types;
    • characterize Aspirants as Marxists, Socialists, illegals, another race, a gender long since defeated by prior Winner activities, and so on.  
     Aspirants may try similar tactics, but shall gain no points by negativizing Winners for long, because of the fast enforcement capability of Winners over domestic Socialists, etc. .
    .
    Each Aspirant kept off the Ladder, or still on it and at the lower 3/4 level when the bong sounds, shall be considered one full point to the Winner.  Aspirants get no points.  Their job is survival, for which they shall be grateful and grovel. Only the Winner Aspirants get anywhere. Train wreck imagery on screen, track switchers, saboteurs in the night.  Winners always win.

    III.  Upshot.  

    Winners always win.  In sum, the Rules permit the Winners to keep others from invading the widget market any way that works to do that. Ridicule, mis-translation and selective translations of significant texts for the culture, twittering (Aspirants cannot afford it), using computers (many Aspirants have no access), saddle Aspirants with added tasks, nurture qualities in any possible Aspirant that undercuts the malice needed for the real widget-amasser, and then sigh sadly that those so nurtured are not up to the task, or that their desire to better themselves is not ordained, worthy, or embarassing to others who had a clear shot at success and didnt' make it, so why should she be allowed to come from behind. FN 1
    • Winners also amass points by attracting Groupies.  The Winner may also seek to attract Winner-Groupies, those who are non-winners in their own right, but who wannabe and do the bidding of the Winner, hoping to get some benefit from basking in their glory, even against self-interest. Each Groupie who identifies with a Winner shall cause an additional half point to be added to that Winner's score.
    Some Aspirants do make it to the Ladder.  There, they are on their own, continually subject to the Derailing that affected their speed and effectiveness in reaching the ladder.  A few make it to the top 1/4 of the Ladder by the time the bong sounds, becoming a Winner (Bong me! the Aspirant now Winner must shout!), to compete against other Winners to become the next Derailers. And the appropriate action shall proceed.

    IV.  Appeals, recourse. Losers shall have no grounds for appeal based on the following:

    • TV, media and broadband and newspapers and other journalism products in the same geographic area tilting news angles in the same prejudicial way favoring the Winner and his or her Groupies; see FodderSight, Unified Media Ownership.  .   
    Loser. Relegated to Boonies, but some may prefer the setting to the gew-gawed Winner goat . Here, again, Quebec


    .

    Wednesday, August 24, 2016

    Khalid Sheikh Mohammed. Names in Arab Culture, Names - Courtesies, Forms. Khalid Sheik (Sheikh) Mohammed.

    Updates:  2017. Khalid Sheikh Mohammed. See http://www.businessinsider.com/letter-khalid-sheikh-mohammed-delivered-white-house-2017-1;
    2016:  Abu Zubaydah, see section C here, has applied for release from Guantanamo.  See  http://www.nytimes.com/2016/08/24/us/abu-zubaydah-torture-guantanamo-bay.html?_r=0
    2017:  See https://www.nytimes.com/2017/01/19/us/politics/cia-torture.html

    How old is his daughter now, if this analysis of naming is correct?  Father of Zubaydah?  And how ignorant and unjust are we. Are we?


     Khalid Sheikh Mohammed
    How Shall I Call Thee? 
    May 31, 2012 post updated.

    Parse the name, learn of the person. Naming conventions.

    It is important, what and how we call our selves, our children, others. Learn the naming in Arab culture .  Example:  Khalid Sheik Mohammed.  Our western tradition of a first, middle and last name do not apply. Nor do our spellings.
    "Arabic names won't go into English, exactly, for their consonants are not the same as ours, and their words, like ours, vary from district to district. There are some `scientific systems' of transliteration, helpful to people who know enough Arabic not to need helping, but a wash-out for the world. I spell my names anyhow, to show what rot the systems are."
    Lawrence of Arabia, T.E. Lawrence, quoted at http://heraldry.sca.org/laurel/names/arabic-naming2.htm

    Western culture.  We have a more entertainment focus, emotional not necessarily fact-based, but aspirational.  Crofters may have named their child Robert, the Bruce.  Our names in our culture, not necessarily informative or reflecting an actual status.  See, for example, by way of update to a current western personage,  Trump Etymology, Sounds, Roots.  We may assert historical interest or adulation in our naming, and ancestral.  Some of us (me) are told that we are rooted from and so have had a Robert the Bruce in every generation since, so we are told. Who knows? Ask our latest Rob. Then ask -- how does the name shape the person. What legacy is passed on.

    KHALID SHEIKH MOHAMMED
    THE MAN, THE ACCUSATION, THE ROOTS

    Take some Arab-culture names, and parse them out into the significance of each part.
     Back to the name:  What does his name mean, Khalid Sheik Mohammed, or Khalid Sheikh Mohammed.  We had earlier looked up his name, as it appeared at http://abcnews.go.com/WNT/Investigation/story?id=1322866/  There are differing spellings - and the Mohammed may by Muhammad and variations. -Ed, -ad, -Mo, -Mu, just as in English, families and locales and language and dialect make a different imprint.

    Khalid Sheikh Mohammed 
    Khalid Sheik Mohammed 

    Applying what we think we learned about the possible five forms to an Arab culture name,
    • the Khalid would be the "ism", or a personal proper masculine name. We think he would be addressed by this name in conversation. Is that so? It is an ancient name, meaning immortal, eternal. The 1990 census, US, showed many western-usage surnames as Khalid, see the frequency and percentages at http://www.census.gov/genealogy/names/dist.all.last/; and fewer Khalids as western-usage first names, see ://www.thinkbabynames.com/meaning/1/Khalid/.
    • the Sheik would be a "nasab", or pedigree, or  title of nobility, similar in rank to Baron, see the sca.org site, scroll down to the titles section.  
    • the Mohammed would be a form of the "laqab" or the name of an aspirational figure, one to be emulated. 
    The power of naming, of respecting a name,  See FodderSight, Power of Naming. Some naming applicable in one period of history may not be part of the modern naming practice. For a start, see Wikipedia for an overview of westernized forms, and see a long list of names at http://www.behindthename.com/nmc/ara.php/.
    .

    ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,

    I.  ARAB CULTURE NAMES CAN COME IN FIVE FORMS. 
    Do we have it right?

    A. The ism, personal proper name

    B. The kunya, honorific, as mother or father of someone

    C. The nasab, pedigree

    D. The laqab, aspirational qualities

    E. The nisbah, occupation, tribe

    IsKu NaLa Ni

    These forms are laid out at numerous sites. We start with //heraldry.sca.org/laurel/names/arabic-naming2.htm/  (here sca.org)  So, if no other designation is given for the source here, the information framework is from sca.org/.


    A. The "ism" -

    The ism is a personal proper name, perhaps given perhaps three days or perhaps seven days after birth, and not used after that in usual discourse. An adult would feel slighted at being addressed by that name, says the sca.org site.

    The name may be, among others, Muhammed, Ibrahim, Ahmed.

    .............................................................................

    B. The "kunya" -


    This is a name of honor, a surname as the mother or father of someone. For example,  
    • abu means father of, and
    • um or umm means mother of, then follows _________, usually the first son.  Married women are often known by the kunya. It is a name of respect. Fathers also may be known by their kunya name.
    See Um Sulayn bint Malhan, and Umm Omara at Studying War, Women in War.
    • Bint.  Daughter of. 
    • Um.  Mother of.
    When a full name is given, the kunya name precedes the personal name.  So, Abu Yusuf Hasan (the example at sca.org) means the father of Yusuf, Hasan.
    • Thought: Abu means father of. 
    • Then, Abu Ghraib, as in the prison, is named for the father of Ghraib? 
    • Who was Ghraib? Tried googling just "Ghraib" and find nothing. Have to go back. In Hussein's time, this was already a prison, see http://www.newyorker.com/archive/2004/05/10/040510fa_fact/  Had it once been a residence of Ghraib?
    ..................................................................................


    C. The "nasab" or pedigree -
    .
    The nasab comes after the ism when you speak it. It may extend two or three generations, usually not more, sometimes to four. Sometimes the person is known by the nasab.

    So,  
    • ibn means son of.  See Ibn Sa'ad , and Sa'ad ibn Wabiq Waqas at Studying War, sources for historical representations.  Here is a complication:  when the parent named in a nasab is identified by that parent's kunya name, then the ibn here becomes ibi.  At this site, "bin" is used instead of ibn.  Is that the difference between "period naming" and current? See http://en.wikipedia.org/wiki/Arabic_name Osama bin Laden - Osama son of Laden?
    ..................................................................................

    D.  The "laqab" -

    The laqab can take several forms:

    a) a combination of qualities or names like an epithet; 

    This comes after the ism.  Examples from sca.org : al-Rashid, or the Rightly Guided; al-Fadi, the Prominent.  My brother used to go around calling himself Don the Great.  Now we know where that comes from.

    b) a person worthy of aspiration.

    c) a relationship to deity or religious figure
    • abd, or "servant of" for a man, and  
    • amat for "servant of" for a woman - 
    d) or one of the names of Allah.  We think this form of laqab, a name of Allah, can take the place of an ism.
    ....................................................................................

    E.  The "nisbah" -

    The nisbah is a byname, giving occupation, tribal lineage, then geographic where a person lives, or where the person was born,  or other description.
    • Al- Some people are primarily known by the nisbah. For example, this man wrote down sayings (hadith) of the Prophet, and his full name is Muhammad ibn Isma'il al-Bukari.  He is from Bukari and is known as al-Bukari or Bukari. 
     The nisbah can also replace the ism. Where a nisbah is used as an ism, there may be a written plus or + to show that. If there are several nisbahs, the occupation and tribe come before the place.

    The nisbah follows the ism.  Or, if there is a nasab, it follows the nasab.

    Examples from sca.org include al-Hallaj, for dresser of cotton; or al-Ayyubi for the tribe of Ayub; al-Dimashqi, from Damascus;

    .....................................................................................

    II.  NAMES OF REAL PEOPLE  - 
    we are trying to translate.

    A. Persons from  http://www.brusselstribunal.org/pdf/Torture_in_Iraqi_Prisons.pdf /.*

    Place noted -
    • Salah al-Din (Province) - Rectitude of the Faith. This was a name of title that a caliph would bestow on political or military leaders, and were highly regarded. See http://heraldry.sca.org/laurel/names/arabic-naming2.htm/.  The al, or the, is hyphenated to the cognomen following it. The Faith. 
    1. Um Khalid- This is a woman's name.  The "Um".  
    • The Khalid is masculine, and for the feminine (not using the Um) the namer would have added a or ah for Khalida or Khalidah. See ://heraldry.sca.org/laurel/names/arabic-naming2.htm/  
    • The um is the honorific kunya, or surname, as mother of someone - here, mother of Khalid.
    2. Osama Ahmed Abu Al Aith - An outsider's question - Shouldn't the Al be hyphenated with the Aith? See 1.1.
    • Abu is father of -- here we get confused.  Abu is father of, but the al meanas "the" --- literally father of the Aith.  Aith is not listed at ummah.net.
    But Aith is old Norse for isthmus, see Shetland Isles.Don't look for connections just because the spelling is the same, is that right?

    3.  'Abu Hudayfa' Tahseen Al Azzawi - 
    • Father of Hudayfa, and the a probably means the feminine name form, so does he have a daughter.  


    .................................................................


    B.  Person from http://www.washingtonpost.com/wp-dyn/content/article/2009/01/13/AR2009011303372.html; and ://www.guardian.co.uk/world/2009/jan/15/guantanamo-bush-administration-torture-qahtani

     Mohammed al-Qahtani  - Muhammed once meant praiseworthy, now may have been bestowed as a name because it is the name of the Prophet, see http://heraldry.sca.org/laurel/names/arabic-naming2.htm/  We do not see al-Qahtani listed in the masculine cognomens listed as isms at the sca.org site, and Babelfish does not do Arabic. It would be a) a respectful or aspirational, or  n) the alternative - giving the occupation, lineage or geographical location of residence or birth  "the ___(something)________________", we think. Quhtani is not listed at ummah.net/

    ..........................................................................

    C.  Person from ://www.cjr.org/politics/the_forgotten_story_of_abu_zub.php

    Abu Zubaydah - (kunya) - the father of Zubaydah. This is a feminine ending, so does he have a daughter named Zubaydah, like Tahseen? Yes, must be.  And the name of his little girl, or is she adult now, Zubaidah, means excellent.  See http://www.ummah.net/family/fem.html#Z

    Look up all these names. So many choices for shaping your child's sense of self.

    ...................................................................

    D.  Person Khalid Sheik Mohammed - now moved to the top here.

    .....................................................................

    III.  THE IMPORTANCE

    A.  Seeing persons as persons, not labels.  A person whose name befuddles us, is less of a person. We do not know what to call him. It is easier to demean.
    • Torture Bob?  No.  
    • Torture Ahmed abu Z_____________ibn________al___________________________?  Sure.  And be sure to show him either bedraggled and sweaty, or bearded and photoshopped. The person and the acts are one thing.  The propaganda to persuade before the facts are out, is another. Taint the jury pool.
    B.  Forced confessions.  If the person is a label and not a person, then any authority forcing anything becomes easier to accept by the outside population. Is that so?

    Khalid Sheik Mohammed in particular forces us to look at the issue of forced confessions on a horrendous scale.  Whether in his case the particular confession was true or not, what other geniis are let out of that bottle.

    To be feared:

    a) torture as first recourse, if ever; 
    b) torture to force out a desired story line; even if they lie; 
    c) torture to serve a need of the torturer; can power be contained

    See torture, and the alternatives we may have had, and why anyone chooses torture instead (depends on the agenda, what you want - truth or what you demand), at Sassafras and History, Truth Serum or Torture, and Why.



    The Name as the Human Connector. 

    We like to think we are individuals. How to communicate respect for that specific complex of physical and mental difference? Address the person. Speak the name aloud. 1) Abdullah Ghulam Rasoul. 2) Said Ali al-Shihri. 3)  Ala al-Din. That last one would be Aladdin, to most of us. Hello. But what does the name mean? Is there a familiar "first name" so that we use "Abdullah" when we are conversing. Or "Said" because that name comes first, our usual place for the familiar first name.

    Naming someone is important. And to name the person correctly. We don't like to be mispronounced, to hear a wrong nickname used by someone, especially someone not entitled by long association to use any nickname. The car salesman calling you Harry when you are Harold. Or honey. To greet someone, to apologize, to address issues, the name itself is a vital link to civilized talk. How to understand the names of those you are addressing. What if their cultures include a variety of information in the name: and do not limit naming to first-middle-last, with a prefix for status or occupation, and a suffix for linear descendants, males line only need apply. How to learn it in advance.



    ------------------------------------

    *This particular site offers testimony of treatment of prisoners by Iraqi police, or other names of those interested, with this included -- "Can you believe that now the Americans have stopped torturing like the way they used to in Abu Ghraib now they let the Iraqis do their job for them." Testimony at page 11. We do not try to sort out who did what to whom. The names here designated from that site represent those in custody of Iraqis, we believe. Others, other. See also http://www.sweetness-light.com/archive/ny-times-claims-iraqis-torture-captives-for-us

    Wednesday, August 3, 2016

    GOP. Soliloquy. To speak, or not to speak. Annotated. To condone, or not to condone.

    GOP Soliloquy: *
    To condone or not to condone. 
    What risks there be.
    Job or country?

    To speak, or not to speak -- that is the question:


    Whether 'tis nobler in the mind to condone
    The slings and arrows of the Party's Chosen
    Or to speak against his sea of troubles 

    Wild boar, symbolizing ferocity , Silkeborg Museum, DK

    And by opposing end them. To speak, to die --
    No more--and by speech to say we end
    The heartache, the thousand political shocks
    Held office is heir to. 'Tis a consummation
    Devoutly to be wished. Out of office, to sleep--
    To sleep -- perchance to dream: ay, there's the rub,
    For, in ouster, un petit mal, what dreams come
    When we have shuffled off this power coil,
    Must give us pause. There's the respect
    That makes calamity of over-staying.
    For who would bear the whips and scorns of time,
    The charlatan's wrong, the narcissist's contumely
    The pangs of voter rejection, law's delay,
    The disrespect of office, and the spurns
    That patient merit of th' unworthy takes,
    When he himself might his Quietus make
    With a bare bodkin? Who would fardels bear,
    To grunt and sweat under a weary life,
    But that dread of something after holding office,
    The undiscovered country, from whose bourn
    No traveller returns, puzzles the will,
    And makes us rather bear those ills we have
    Than fly to others that we know not of?
    Thus conscience does make cowards of us all,
    And thus the native hue of resolution
    Is sicklied o'er with the pale cast of thought,
    And enterprise of great pitch and moment
    With this regard their currents turn awry
    And lose the name of action. -- Soft you now,
    The fair Voter! -- Nymph,*** in thy orisons
    Be my condoning, or speech, remembered.

    ........................................................................................


    *  From William Shakespeare, Hamlet, see http://www.opensourceshakespeare.org/search/search-results.php

    **  Provenance. Silhouette illustrating Hans Christian Anderson in his house, Odense DK. A man who tiptoed on some issues, not others.

    *** Shakespeare, from the context, however, does not appear to refer to the immature insect, but to the Greek mythological nymph, see http://www.newworldencyclopedia.org/entry/Nymph


    Monday, July 25, 2016

    Voter revolts, primaries, and the perception of process abuse DNC and RNC.

    Voter as stakeholder. Voter as real party in interest (please don't anybody sue).
    Give a voice.
    Or is there an overriding national party Political Judment Rule, actual or implied?
    • Update 7.25.2016.  A party national committee. this time Democratic, the DNC, in the news for acting to favor one party candidate over another.  
      • Is that not acceptable, like a board of trustees acting in their best business judgment for the good of the company, as ordinary companies organized for a task (and profit) do, even over wishes of shareholders and workers, at least to a degree? 
      •  Apparently not. The DNC apparently is to be impartial in all things, a mere functionary, mechanical, to set up the steps to naming an ultimate candidate. 
      • Would like to see exactly what rule or charter the DNC violated, as it must be there. Stay tuned. Meanwhile, overall issues remain the same in post originally published in the context of voter revolts over opacity and misleading weight (sometimes zip) to be given to primary votes. Who do the committees represent: votes of their fellow elected officials, or national voters.
      • Preference: Come out of the shade. Combine duties of trustee with transparency, and if not impartial, be prepared to explain why before damage is done. Expand the debate, not hide it. Serve long-term party interest but weight the present.  DNC leader down. To read:  Expert Political Judgment, by Philip E. Tetlock 2005; and The Business Judgment Rule as an Immunity Doctrine by Lori McMillan 2013.
    ......................................

    Same other prior issues here:  Voters have bee kept ignorant of exactly what their party VIP's are doing, what their standards are, transparency in whether or not they are doing it.  Voting rules. Status quo. Keep the party procedures and internal manipulations unpublicized, keep voters ignorant, and the powers hold yet another tool for voter exploitation.

    The issue there is not whether candidates themselves fully understand the playing board behind the scenes.  The issue is harm to the voter, the actual party in interest, the true stakeholder.

    Add to that yet another procedure:  A candidate who never ran for the presidency can be drafted at a convention, even where the strategy was cannily to kept to the sidelines, just biding time, ducking controversy, while others risked self and position, and now will waltz in.  Is this so, or to be dismissed, as the powers do, as mere conspiracy theory and sour grapes at losing out yet again. The duck walk. Just say no.
    . Update: That was resolved at the RNC Convention. No such candidate maneuvered into such a position. But should safeguards be in place to prevent even the possibility of a duck-walker sidling in at the last minute. Or do we need the valve open.

    So voter revolts fail because, is this so, voting has become a rigged game.  Test the theory.

    1.  Voter revolts fail because the power deck is indeed rigged, stacked against them, of course.  That is how power perpetuates.  Any progress on issues that affect them take time, and more time, while some of their devotees then fall away (have to earn a living) and power regroups,its income broadly so vast they can afford the time. Is that so?

    2.  So, ask first, Is this concern with manipulation and exploitation of voters merely another conspiracy theory? Look at the broad picture before the specifics: Role of a conspiracy theory here? Discount or not?
    • Do ballots that name a candidate, then the vote does not necessarily go there, violate any actionable misrepresentation as far as outsider voters (read: ignorant of power plays) are concerned.  
    • Is politics now sales, so that commercial rules for truth in advertising for politics applies? What is acceptable lying? All of it? 
    • Rules surprise. Voter deflection by design; the Duck Walk.  The Duck Walk Candidate who waddles in after ducking the campaign confrontation crucible, did not expose himself to scrutiny as did the others; and should national party procedures exposed to some form of regulation so voter advance process information is high on political priorities. 
    • For balance, read The Conspiratorial Brain, by Adrian Chen 2013, see NYT review.  The book lays out concepts to make conscious, and enable us to rein in, our usual reliance on "common psychological phenomena," including assumptions of evil causation, "intentionality bias"
    3.  More surprise.  The Duck Walk Candidate  

    Surprise takes surprising forms:  The Rules produce Duck Walk Candidates. Duck Walk Candidates are those who duck the crucible of voter examination and media scrutiny, by design or other careful strategy to preserve options while shielding shortcomings..  Surprise in other areas works against voters.  The white (pun intended) knight.

     This is complex, because some worthy people are drafted in the absence of a first-ballot win for someone.  The issue here is manipulating the process itself to intentionally avoid the campaign crucible, and that is dishonest and untrustworthy. Timeliness of the entry is important, and represents a judgment call for voters. Some may be fine with it. Lay out the issues.
    • The duck walk candidate. Attack the white knight pun intended strategy most relied on by the rule-making power-perpetuators. This cycle at least, oppose any candidacy of anyone come-lately who conveniently ducked the crucible of primaries and caucuses. 
    • Research and disclose all funding for such late-coming candidate. Who, when, what demands in return.
    •  If you don't do the work, duck the risks, you don't deserve the reward.  
    • The option cannot be barred completely, because people have been drafted before, and party rules are private and need not be democratic.  Explore how to pressure a delegate not to do it when they are not elected, or hold office.
    In these ways, voters can actually threaten the resource-renewal systems already in play, and that includes power-strategies to avoid the people altogether, by permitting the dodgers, the white knights, to enter the lists after everyone else is exhausted and drowned in their own foibles.  Expose the invisibility cloaks.  Who funds the white knight, when did it start, what was the conspiracy to in this way further disenfranchise voters by making their ballots mere advisory opinions,if they got to vote at all, if it was counted, and who is accountable.

    4.  Why voter revolts fail to see the train coming at them, again.  They lack competitive weaponry, training.

    Voter revolutions overall fail for the same reasons that peasant and worker revolts failed before them: lack of cohesion, resources, mobility, to seek advantage.  FN 1.  Add this difference, however, to voter revolts: surprise. Secrecy in administrative rules and proceedings, at least keeping such things below public radar and media attention, wins.  When all is disclosed, it may be too late to counter the counters.


    4. 1  Voter deflection:  The public did not know the workings, and without computers and education about it, could not be expected to know how they are manipulated.  

    4,2 Surprise, again.  The element that is realized too late.  I spent four hours in line for this?

    The powers use surprise in addition to the usual tools for winning:  they wield their own practiced uniformity, vast cash and ability to maneuver, in ways that voters do not see in their own experience or as otherwise publicized. The more absolute the surprise, the greater the success and shock value, and voters reel.  Can they get up again? Powers block.
    • Surprise through rules, sub rosa, not familiar to ordinary people or part of common parlance, excludes persons from the electoral process itself, apart from any voting results those persons muster on their own. Even candidates, themselves outsiders. Too late. Surprise.  
    • Surprise turns votes into disposable advisory opinions. This works to overwhelm and demoralize voters who overcame obstacles to vote, and at the last minute, without opportunity to regroup in time.
      •  This can be rather like political party cossacks running down unarmed workers in our own Palace Square. Surprise. Did our manifesto bring about that? or rules weaponizing religions: naming ideological nonconformists as heretic, to be damned, and demonizing/killing them. Did the founder say to do that?  Surprise.
    4.3  Here, look at the role of surprise as use of insider knowledge in manipulating election results.  The Rules. See overview, http://gking.harvard.edu/files/pri.pdf

    5.  Deprive voters of a good education, mobility (poor transit, inability to move), access to job and political information -- computers.  How was an ordinary voter to know inside party rules?

    Many policies masked as economic result handily in voter exploitation.  Make them think one thing, do another. It should be safe in relying on their own experience in voting:  I vote for this because I see it needs doing, or I will benefit.my interest, or it follows my moral viewpoint.  In primaries and caucuses, however, voters can be uniquely taken by surprise because they are dealing not just with visible, experiential condition, but with arcane rules.  It does not matter to them that the rules are the rules and have been in effect for years.  What matters is that they did not know.
    • Instead, they find that they are dealing with private political party rules rules, not bound by constitutional concepts as is governmental action.  The party rules are designed not to count their vote and act reasonably accordingly, but as a mere advisory opinion.
    • Rules set up by the powers a long time ago to perpetuate their control, but not noticed by voters and outsiders until too late, is not acceptable in a democracy. Voters do what seems logical and effective, and find it blows up. The issue is pervasive:  Office closed on Thursdays, only open for you between 2-3AM Wednesdays and there are no buses. Plus you need a voter ID but ooops we closed the photo shop near you and it is six towns away. And there are no buses.
    6. .  Only a prolonged rallying, combined with funding, mobility, sustenance, can lead to change effectvely.

    Unfair surprise can be a rally point.for voters.

    Surprise can rally voters.  Outrage got gas. It is this surprise factor that may make a difference this time, in voters mustering more power among themselves and to use against powers, instead of losing it. Unfairness is a rally point.
    •  Once aware, voters may just begin to act as the powers do:  plan and execute what is needed well in advance of the election in issue.  A pivotal problem and opportunity for voter revolts is the periodic reviews of the actions today by means of later voting cycles.  
      • Voters may learn that they have to use force, not just semantics and mottos. They must extract resources to get their share from the powerful, forge difficult common identities and common perceived goals, (not the easy ones of privilege, of hoarding, preserving supremacisms, power and estate). Voters must then extract even more resources to get mobility so they can go where advantage may because the power-perpetuation systems remain in place.  Enter the cosmos, laughing at first, but it might become serious.  SuperPac nerves.  FN 2



    C.  Rules may become subject to (gasp!) Regulation

    4.  Go too far in unfair surprise, as the 2016 cycle of candidate selection may in the eyes of voters,  may lead voters ultimately to find ways to legislate back to fairness: even to remove the entire voting process from state control, from private control of parties so restraints on government discrimination do not apply, and to outside regulation and control.

    Do we regulate (REGULATE?)  Hardly feasible as a totality now, but in part, perhapsbe.  Voter revolts against party abuse of power is an anger already extended to government abuse of power, alleged and partisan, of course, and government is gridlocked anyway. Add this element to it.

    Meanwhile:
    • Education. Use schools, and at home, NPR, CPTV? 
    • Now: Who will fund voter education so voters  can protect themselves against modern advertising techniques of persuasion, neuro-focus groups, trigger words, Money buys media time, and only education of the public as to propaganda techniques can arm them against it. See the menu, http://www.propagandacritic.com/ Not those using those techniques against voters now.
    • Who is politics, who is entertainment.  Ask the criteria, ask the voters. Regardless of that outcome explore power-perpetuation in party procedures.  Does it serve the voters? Of course not.  Parties are marketing, not for a common good. Is that so?
    Conclusion:  Voters still lose probably in this cycle. Pity.  Power depriving them of mobility, fine education, sharing more fully in what their work produces, works. The public cannot get anywhere easily. Too many can't move geographically, educationally, economically,  How do they muster uniformity of purpose, fund it, move to get it. Voter revolts fail at least in the short run. Will defeated people stay interested, involved, to sustain a second run next time.  Privilege, in its unity, access to assets, mobility, as plenty of time to deflect. Can voters see in turn what is needed to prepare, counter, legislate, enforce?

    ................................................................................................

    FN 1  Voter uprisings are no different from peasant and worker revolts in requirements for success. See http://worldwar1worldwar2.blogspot.com/2016/04/peasants-revolts-and-why-they-fail-how.html.

    FN 1.  SuperPac nerves.  What if voters act like powers:  If the voters can get behind a SuperSuperPac, for example, aim to spend for education so voters will see and spot propaganda, and use computers.  Persuasion loses its bite when it is transparent. Aim for universal access to computers and transportation and information on training for jobs.

    So, do what is feasible this cycle, and watch and maneuver for the next cycle. Those not up for election this time, will be another. Make little lists.



    Monday, July 11, 2016

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    Monday, March 14, 2016

    Working class unrest. GOP blocked Last Clear Chance to direct inclusion,

    Culpable political inaction.  What policy myopia has barred America's middle and lower classes from direct inclusion in economic growth.  Update:  Steve Rattner on Morning Joe articulated this policy void 3/18/2016 and was met with great surprise, and an alternate rationale for the blue collar defections,  such as the need for a better advocate for free trade as the solution for the stranded GOP.  Why the lack of perspective? Who is blind here, who is blinded here, by whom. Update April 13 -- See Mr. Rattner's fine letter to the New York Times on the topic -- timely, and thorough, at http://www.nytimes.com/2016/03/10/opinion/who-gets-the-blame-for-the-slowing-economy.html?_r=0

    Rail against economic slings and arrows, or by passing legislation, end them. The choice has been made, and the consequences now showing in violence at political rallies where unfair economic prejudice has become a tinderbox. The welling up of uproar: see and hear it as it has sounded in cultures everywhere, with workers, serfs, slaves, castes, the wrongly gendered for the workplace paycheck, those cleverly obstructed from access to training, retraining.

    1.  With fingers pointing in all directions, apply a helpful legal principle:  Last Clear Chance. Who in power has had the last clear chance to fix the individual economic inequities of being outsourced, out-technologied, there and ready to work and noplace to go, and no way to get there?  Last clear chance: the legal doctrine that prioritizes who could have averted a disaster, even if there had been a muddle of other events happened before.  Who could have turned in another direction and averted?  Last clear chance.
    • The R's. Join the Game of R's and, from the evidence herein, add this R -- Republicans in the House of Representatives.
    2. Document a Timeline.

    Bills that languished, what opportunities missed?

    Who tried to fix unfairly burdensome economic inequities, disastrous consequences to the individual of engaging in broader trade for a broader intended good, the timely fixing of unfairly burdensome economic inequities:

    Who blew off those efforts?

    2.1. 2011,  The American Jobs Act, (S. 1549) (H. Doc. 112-53 and H.R. 12).

    This set of bills was proposed by the President to Congress on September 8, 2011 and had as its goal getting Americans back to work.  He reasonably documented that this would not add to the deficit, and would be paid for by its terms, by the increased purchasing power of those benefited.


    2.2   Jobs creation bills proposed by Republicans 2008-date.

    None.  Corrections welcomed, with documentation, but this is the state of play so far, I believe.
    • Deletion Bills that affect business first and arbitrarily labeled as hypothetical jobs benefits do not count.
      • Such deletion bills that increase business bottom line without increasing work and wages in the same breath include attempts to count removals of regulations and removals of tax consequences, and avoidance of direct stimulus.  The Flawed 25 failed then, and continue to fail to address the real issue. 
    2.3. Assessment of culpable inaction does not stand alone. See http://www.cps-news.com/archives/gop-jobs-bill-everything-except/

    ...........................................................................................................

    Part of the overall setting includes the 2008 Renewable Energy and Jobs Creation Act, https://www.govtrack.us/congress/bills/110/hr7060