Word Of The Day

Writ of mandamus:

Latin for “we order,” a writ (more modernly called a “writ of mandate”) which orders a public agency or governmental body to perform an act required by law when it has neglected or refused to do so. [Law.com]

Noted in “The D.C. Circuit’s Passive-Aggressive Approach to Military Commission Mandamus,” Steve Vladeck, Lawfare:

This Wednesday at 9:30 a.m., a three-judge panel of the D.C. Circuit (Rogers, Tatel and Griffith, JJ.) will hold a rare August argument session to hear the latest petition for a writ of mandamus from the Guantánamo military commissions. The specific issue in In re Mohammad is whether one of the judges on the Court of Military Commission Review (CMCR), Judge Scott Silliman, should have recused from hearing an interlocutory appeal by the government in the 9/11 case because of statements he made prior to becoming a CMCR judge reflecting apparent bias against the 9/11 defendants.

That Dry Humor Approach

Ryan McKay and Max Coltheart describe an attack on the predatory science journal phenomenon in BishopBlog:

 These days it is common for academics to receive invitations from unfamiliar sources to attend conferences, submit papers, or join editorial boards. We began an attack against this practice by not ignoring such invitations – by, instead, replying to them with messages selected from the output of the wonderful Random Surrealism Generator. It generates syntactically correct but surreal sentences such as “Is that a tarantula in your bicycle clip, or are you just gold-trimmed?” (a hint of Mae West there?). This sometimes had the desired effect of generating a bemused response from the inviter; but we decided more was needed.

So we used the surrealism generator to craft an absurdist critique of “impaired” publication practices (the title of the piece says as much, albeit obliquely). The first few sentences seem relevant to the paper’s title but the piece then deteriorates rapidly into a sequence of surreal sentences (we threw in some gratuitous French and Latin for good measure) so that no one who read the paper could possibly believe that it was serious (our piece also quotes itself liberally); and we submitted the paper to a number of journals. Specifically, we submitted the paper to every journal that contacted either of us in the period 21 June 2017 to 1 July 2017 inviting us to submit a paper. There were 10 such invitations. We accepted all of them, and submitted the paper, making minor changes to the title of the paper and the first couple of sentences to generate the impression that the paper was somehow relevant to the interests of the journal; but the bulk of the paper was always the same sequence of surreal sentences.

Here’s just one response.

The tenth journal, the International Journal of Brain Disorders and Therapy, sent us one reviewer comment. The reviewer had entered into the spirit of the hoax by providing a review which was itself surrealistic. We incorporated this reviewer’s comment about Scottish Lithium Flying saucers and resubmitted, and the paper was accepted. The journal then noticed irregularities in some (but surprisingly not all) of the references. We replaced these problematic references with citations of recent and classic hoaxes (e.g., Kline & Saunders’ 1959 piece on “psychochemical symbolism”; Lindsay & Boyle’s recent piece on the “Conceptual Penis”), along with a citation of Pennycook et al’s article “On the reception and detection of pseudo-profound bullshit”. The paper was then published in the on-line journal.  Later this journal asked us for a testimonial about the review process, which we supplied: “The process of publishing this article was much smoother than we anticipated”.

Very, very dry.

Hoping Your Life Is Celebrated That Way

On Above The Law, David Lat covers Judge Richard Posner’s acrid remarks concerning current SCOTUS justices (Breyer & Ginsburg are barely adequate), length of Federal judgeships (retire at 80), reason vs common sense, and other topics. David’s conclusion? An artist at work:

More fundamentally, the label “troll” diminishes the brilliance of what Judge Posner is doing.

My unified theory of Judge Posner: he has taken advantage of life tenure, as well as the reputation for brilliance that he painstakingly developed over the course of decades, to become one of the most remarkable performance artists in modern history.

After Posner passes away, we will find in his papers an artist’s manifesto, identifying when his performance began, the theoretical underpinnings of his work as an artist, and the specific “episodes” or “installations” through which he expressed his artistic vision — an argument for the indeterminacy of law and ultimately language. Works might include exchanges like the one just now with Judge Rakoff; written output, like the time he called Chief Justice Roberts “heartless” in a Slate column; and spoken-word performances, such as his brutal takedowns of hapless advocates in oral arguments.

Some might condemn Judge Posner for turning a judicial chambers into an artist’s studio, but I don’t have a problem with it. Keep in mind that he has still managed to do the work of a federal appellate judge in the course of making his art. For decades, he has cast votes, written opinions, and resolved cases, just like his Seventh Circuit colleagues.

It’s a funny post, even for a non-lawyer like myself. Even if I’m taken back by Posner’s preference for common-sense over reason. I find common-sense to be either non-existent or extremely naive in most folks, myself included.

Show Your Work

Michael Elleman on 38 North examines a video of the recent North Korean ICBM test and concludes the North Koreans haven’t achieved their objective – yet:

At this point, the RV appears to be shedding small radiant objects and is trailed by an incandescent vapor. At an altitude of 3 to 4 km, the RV then dims and quickly disappears. This occurs before the RV passes behind the mountain range and is obscured from the camera’s view, indicating that it disintegrated about the time it experienced maximum stressing loads. Had the RV survived the rigors of re-entry, it would have continued to glow until disappearing behind the mountains.

In short, a reasonable conclusion based on the video evidence is that the Hwasong-14’s re-entry vehicle did not survive during its second test. If this assessment accurately reflects reality, North Korea’s engineers have yet to master re-entry technologies and more work remains before Kim Jong Un has an ICBM capable of striking the American mainland.

No luck finding the cited video of the re-entry.

Unfortunately, having gotten this far, we can probably assume North Korean engineers will figure out the rest of this puzzle as well. Here’s what appears to be the official release of video of the launch by North Korea.

Autonomous Governmental Agents Will Leave Trails Of Destruction

Jack Goldsmith on Lawfare comments on how often President Trump’s subordinates are ignoring or working around him:

The fractured executive branch is partly a result of terrible executive organization but mainly the product of an incompetent, mendacious president interacting with appointed or inherited executive branch officials who possess integrity.  The President says and does things that his senior officials, when asked, cannot abide.  And so they tell the truth, often with an awkward wince, or they ignore the President.  And in response to this overt disrespect, President Trump does … nothing.

The president seems scary, and he is, but he also has no control over his administration.  There is lots of talk about Trump’s threat to the independence of the Justice Department, the FBI, the intelligence community, and the like.  But the truth is that these agencies are operating with an independence to presidential wishes like never before.  It’s a very strange state of affairs.

Which leaves the American public with everyone from Mattis on the high end to DeVos and Carson on the low end – all operating with little to no oversight.

For the anti-government types, this is the ideal experiment – do we really need a DoE, HUD, or EPA? Surely we can get along without those, like we did for the first 100 years, they’ll say.

The problem is that discovering we do need them in this way will likely involve enormous damage to the United States, from public health to the education level of our citizens to the welfare of vulnerable citizens, damage that will be slow to fix, will distract us from oncoming catastrophes such as climate change.

And the thing is, some of these should be taking place in the laboratories of the States, as the old saying goes. Some are of a natural national or international significance, such as climate change or foreign relations, but others might be possibly tried in the States.

Like the ideological economic disaster in Kansas. Kansas has been hurt, but the rest of the United States has been spared most of that pain. Now we need to learn from the Kansas mistake. That’s the second half of such experiments.

Tat For Tit

I’ve been meditating on this story over the weekend:

House Judiciary Committee Republicans on Thursday called for a new special counsel — to investigate Hillary ClintonJames Comey and Loretta Lynch.

In a letter addressed to Attorney General Jeff Sessions and Deputy Attorney General Rod Rosenstein, the Republicans said they were writing to “request assistance in restoring public confidence in our nation’s justice system and its investigators, specifically the Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI).”

The lawmakers said they presumed investigation of potential Russian influence on the U.S. presidential election was covered by special counsel Robert Mueller, but that they “are not confident that other matters related to the 2016 election and aftermath are similarly under investigation” by the former FBI director. [CNBC]

While this doesn’t appear to be about Benghazi, it’s worth noting that Clinton has been investigated by many Congressional committees over the tragic loss of the American ambassador to Libya and other Americans to an assassination plot. None of them found a thing, and the last one, run by Trey Gowdy (R) and called the House Select Committee on Benghazi, not only found nothing, but in the climactic hearing with its chief target, had its own ass handed to it on a plate, by all reports.

Still, it’s a little difficult for someone such as myself, far from the center of the maelstrom, to know if there’s anything to these charges. My suspicion is there’s not. Which then opens the question:

Why?

What’s motivating this letter, if no evidence of malfeasance is otherwise forthcoming?

What has slowly impressed itself on my brain is that the GOP, for all its decisiveness at the election box, is a collection of power-mongers and third-raters, desperately insecure and getting worse as their supposedly unstoppable position in Congress and the White House has turned out to be a mirage.

But this they know – the truth does not matter. It’s all about perception and messaging.

So if the GOP is going to be tarred with incompetence and even corruption, there’s only one thing to do:

Tar the Democrats with the same brush.

Now, nevermind that Comey’s a Republican, because he was investigating the GOP’s public leader, if I may be so bold, for corruption, and therefore he can no longer be a Party member; such are the rules of Party membership.

But if you’re going to be dirtied, it’s best to make sure your sworn enemies are dirtied, too. It distracts from the charges tossed at you.

Because, based on what we’ve seen so far from the GOP members of this Congress, they have nothing else to offer.

[EDIT Fixed a typo 11/5/2017]

Here’s Your Reward For Failure

Just to bring this particular story to completion, The Kansas City Star reports that Governor Brownback is moving on from Kansas:

Gov. Sam Brownback will give up the governor’s mansion in Topeka to take a relatively obscure ambassadorship after seeing his power and popularity severely diminished in the last year.

The Kansas Legislature overrode Brownback’s veto to repeal his signature tax cuts a little more than a month before President Donald Trump selected him to serve as the next ambassador at-large for international religious freedom, a position based in Washington, D.C., where Brownback spent 16 years as a member of the U.S. House and Senate.

Neither Democrats nor Republicans are sad to see him go.

House Minority Leader Jim Ward, a Wichita Democrat, said his first reaction to the announcement was “good riddance.”

“He’s left a lot of carnage and destruction, and he’s also put the incoming governor in a tough spot,” Ward said, noting that Kansas is awaiting a decision by the state’s Supreme Court on the fate of a new school finance formula.  …

Rep. Joy Koesten, a Leawood Republican who was one of a slew of moderate Republicans swept into office in an anti-Brownback wave last year, said that lawmakers are going to be grappling for decades with the impact of Brownback’s policies.

“I don’t think we truly know what that is yet,” Koesten said. “I think we’ve seen the surface damage, but I don’t know that we’ve seen the depth of the damage. And I think it’s going to take us a decade or more to figure that out and to fix it. So if that’s a legacy, I’m not sure that it’s a positive one.”

Clay Barker, the executive director of the Kansas Republican Party, said that while Brownback was controversial, he was a “very consequential governor.”

Quite consequential for the GOP, because his experiment put their economic ideology to the test – and the ideology failed the test.

Sarah Jones at The New Republic thinks he’s ill-suited for his new position as at-large ambassador for international religious freedom:

But this isn’t a meaningless appointment, either. The ambassador-at-large heads State’s Office of International Religious Freedom. Religious freedom is an integral plank in a broader human rights platform, and the position is also responsible for conducting outreach to various American religious groups.

Which means Brownback, an arch-Christian conservative, is exactly the wrong choice for the role. As governor, he signed a useless ban on Shariah law that singled out the state’s Muslim residents for no valid reason. He waged constant war on separation of church and state, especially in public schools, and consistently promoted religious events and programming in his official capacity as governor. His appointment sends a dangerous message, especially in light of a May speech delivered by Mike Pence that promised assembled religious leaders that the Trump administration considered global religious freedom a major priority.

I’m trying to see an atheist or an agnostic in the position, and I’m just not getting there. I suppose you need some religious person with a record of tolerance. Yeah, maybe Governor Brownback is moving out of his current crater just to dig another one?

Or perhaps we shouldn’t have such a position. From Sarah’s link to the US Dept of State:

The Office of International Religious Freedom has the mission of promoting religious freedom as a core objective of U.S. foreign policy. The office is headed by the Ambassador-at-Large for International Religious Freedom. We monitor religious persecution and discrimination worldwide, recommend and implement policies in respective regions or countries, and develop programs to promote religious freedom.

Leading to the always-delicate question of when “promoting” means “interfering,” and when “interfering” really means “rescuing from persecution.” Given how the current Administration has a certain, if confused, isolationist taste to it (or perhaps better yet would be xenophobic), I have to wonder how long the position will last before Bannon has it cut. And if I’d weep if it were cut. I’m a little conflicted…

We’re Not Talking Everyday Crimes Here

On Lawfare, former White House Counsel Bob Bauer critiques a law proposed by Senator Graham (R) to protect Special Counsels from being fired by the Presidents they’re investigating, suggesting it is too similar to another law that has been discredited. He wants to depend on the institutions:

Rather than reviving some version of the largely discredited independent counselstatute, Congress should exercise strong oversight while leaving no doubt about the readiness to move as necessary to impeachment.  For the moment, in the last few days, an informal “oversight” process seems to be having salutary effects. The Chairman of the Judiciary Committee tweeted out that “everyone in DC” should know that there was no room on the 2017 Committee agenda for an Attorney General confirmation process. The Senate Republican leader Mitch McConnell and other senior Republicans spoke clearly against the hectoring of the attorney general and in support of Robert Mueller. Graham made his strong statement about the doom awaiting this administration if the president fires Mueller.

This oversight activity does not have to continue informally but can be heated up and brought closer to the impeachment process. It is not hard to imagine a hearing into the effects of the president’s behavior on the Department of Justice. Senior officials could be called to testify about the impact on Department morale and regular order in the conduct of its operations. They might be questioned about any White House contacts outside the contacts policy, or even contacts consistent with the policy that would give grounds for concern. Testimony could be taken on the reasons for the well-established understandings of the relationship of president and DOJ in the administration of the law enforcement function. This is another way that the Hill can get its message across to Mr. Trump that the firing of Sessions, or that of Mueller, could bring an end to the Trump government.

I think Mr. Bauer is correct. In a sense, Senator Graham is retreating from his responsibilities of Senatorial oversight by attempting to regulate the President’s behavior through a statute. Once such a statute is in place, then it’s simply a matter of testing whether some behavior has broken the text of the statute. If so, then he’s impeached: no difficult judgments necessary.

Worse yet, there is a certain implication that behavior which does not violate the proscriptions of the statute is then legal. More statutes may be written, of course, but now we’re busy enumerating what’s illegal, and at the Presidential level, this could be a bizarre and subtle list.

Senator Graham and his allies, as well meaning as I believe them to be, are making a mistake. There’s something about systems that must be faced, as mathematicians know better than I[1] – you get near their boundaries and things get hard. Same for a democracy in which power is distributed. When the President is suspected of wrong-doing, we don’t investigate him for criminal conduct, but for dangerous conduct. For conduct that endangers the Republic. This is necessarily a judgment call, and since we’re in the political realm, it must be a political judgment. Remember, while politics is generally considered a dirty business, formally it’s the business of governing, which includes safeguarding the Republic.

Rather than hide behind the words of a statute, Senator Graham should be willing to await the findings of the Special Counsel, and then render judgment.

And if the President fires the Counsel, then, as Mr. Bauer suggests, that is sufficient evidence of danger to the Republic, and Congress should act accordingly.



1See Gödel’s incompleteness theorems.

On A Personal Note

On Friday night I rammed my knee into the bathroom sink hard enough to elicit some very uncouth words.

But that’s not why I’m writing this.

Tonight, Sunday, for reasons unclear, my right forearm aches under load. Like, say, typing.

So if I seem a little quiet in the next few days, I’m having to rest the arm.

Letting Your Hatred Get Away From You

The United States, particularly its more conservative politicos, has long sought regime change in Iran. What passes for American conservatives these days have also detested the achievements of the Administration of President Obama, so I think they perceive a chance for a two-fer if President Trump chooses to de-certify that Iran is adhering to the requirements of the nuclear deal (known as the JCPOA). This would deactivate the nuclear deal, endorsed by experts world-wide, but scorned by our amateurs in Congress, and thus eliminate a key Obama achievement.

The other half of this action this would permit the reassertion of sanctions of Iran that are now negated, leading, in their minds, to further damage to the Iranian leadership. The conservatives certainly appear to be pushing de-certification, as Barbara Slavin on AL Monitor reports:

Several Republicans opposed to the JCPOA have told this analyst that their aim is to goad Iran into violating the agreement by imposing more non-nuclear sanctions. The Associated Press reported that the Trump administration was considering demanding new inspections of Iranian military facilities in hopes that Tehran will balk. But such demands could also trigger a time-consuming process that might postpone US abrogation of the accord.

And, as Laura Rozen reports, also in AL Monitor, Trump is quite straightforward about this being political dislike rather than adherence to a deal:

Trump telegraphed his frustration over being urged by his Cabinet chiefs to certify Iran’s compliance with the nuclear deal at a White House meeting last Monday. He told The Wall Street Journal that he thinks Iran will be deemed to have breached the accord by the time of the next congressionally mandated certification deadline in the fall.

“We’ve been extremely nice to them in saying they were compliant, OK? We’ve given them the benefit of every doubt,” Trump told The Wall Street Journal in a July 25 interview. “But we’re doing very detailed studies. And personally, I have great respect for my people. If it was up to me, I would have had them noncompliant 180 days ago.”

Asked if he thought Iran will be declared noncompliant in the fall, Trump said he did. He added that while he respects Secretary of State Rex Tillerson, he would likely overrule a recommendation to certify in the fall.

“I think they’ll be noncompliant,” Trump said. “I think they’re taking advantage of this country.”

Or, you can read it honestly as, I made a promise to rip up the JCPOA and I’m going to do it, honestly or not.

The short-term issue is whether or not the second half of the two-fer would be achieved, and I think this seems unlikely. I could simply talk about the naked politics at work, and how a refusal to treat such an agreement in an honorable manner will be perceived by an Iranian public, or we could just look at survey results. These come from the University of Maryland’s Center for International and Security Studies:

Iranians expect President Donald Trump to be more hostile toward Iran than was former President Barack Obama. Seven in ten Iranians believe it likely that Trump may decide not to abide by the terms of the nuclear agreement. Attitudes about how Iran should respond if the United States violates the JCPOA have hardened: A clear majority now thinks that instead of taking the matter to the UN, Iran should retaliate by restarting the aspects of its nuclear program it has agreed to suspend under the JCPOA, if the United States abrogates the deal. A large majority see the new sanctions that Congress is likely to impose on Iran as being against the spirit of the JCPOA, with half saying it would violate the letter of the agreement as well.

Regime change requires support from the Iranian citizenry, so if the United States takes actions regarded as a betrayal of its agreement obligations, to be regarded as an example of a lack of honor by the American leadership, they are more likely to back their own regime than be angry at it. How can I be more clear?

Implicit in the process of regime change must be the proven charge that the regime is corrupt and/or incompetent to run the affairs of state. Tearing up the JCPOA in order to enforce the United States’ arbitrary will in a naked display of force is just another fucking amateur mistake by the pack of amateurs who also dragged us into the Iraq War.

But that’s just the short-term concern. I shan’t mince words: In the long term, the childish behavior by Trump and the anti-Iran forces to whom he listens are damaging the United States in the foreign relations arena. In the private sector, a small businessman like Trump could get away with exceptionally dubious behavior because the transmission of information in the private sector is not necessarily an efficient process. Few have the time to track down all the times Trump was sued by other small businessman for dishonoring agreements, and how many times he lost. If it were, all of his potential suppliers and builders might have just refused to work with him, and he might just be Donnie Trump, cashier at the Kum ‘n Go.

But now he’s up in the major leagues, and the heuristics of the private sector do not apply. Every word, every gesture, every action, every damn stupid tweet is examined for meaning, context, hypocrisy – and adherence. Adherence to honor, which translates in concrete terms to honesty and predictability. The less faith and confidence our allies, and, hell, our enemies have in us, the less influence we have across the globe. Through these childish actions with regard to the JCPOA, he puts our reputation and our ability to affect other people through the shredder.

Now, if his people do find concrete evidence of Iranian abrogation, great. Follow the prescribed procedures. Prove it to the world. Because these sorts of things must be handled very carefully. This may not be a shooting war, but a victory in this arena is just as important. Prove the theocrats in charge – who appear to indulge in the usual vices of all theocrats – are dishonest, can’t run the country properly. Declare a victory for your Administration.

That would be great. But it has to be done properly, or we’ll just look like Trumpian losers. That seems to happen on a weekly basis, and I’m getting tired of it.

Current Movie Reviews

If you’re a retro-photographer, if you wake up in the middle of the night ruing the failure of Polaroid, you may wish to see The B-Side: Elsea Dorfman’s Portrait Photography (2017). A photographer starting in the 1950s, she took traditional dark room photos but also worked with Polaroids, including using Polaroid’s second largest camera, the 20×24 Polaroid Land Camera, and apparently the largest, the 40×84, which was a camera the size of a room.

This is an extended reminisce as she retrieves photos she hasn’t viewed in decades to show the interviewer, the off-camera Errol Morris., and they ramble from topic to topic, from her atypical young adulthood to her connection with Beat poet Allen Ginsberg to her own ruminations on her goals and the internal forces which compelled her to take up the camera. To a great extent, though, to borrow someone’s phrase, this is “dancing about architecture.” It’s clear this was her life’s work, and it made her very happy, but the exact reason for clicking the shutter is not clear.

My Arts Editor said it was like visiting with your grandmother when she drags out the photo-album, and she means that in a good way. The pictures are often interesting and her gentle viewpoint often cogent.

If you’re looking for something out of the ordinary, no guns firing, no angry confrontations, just someone talking about an important art form, you could do worse than Elsa.

How Do They Do That?

There’s been a bit of a tussle in the genetics world concerning how much of our DNA is functional, and how much of it is just junk. Heck, there’s even a disagreement over the meaning of ‘junk.’ But it had not occurred to me to wonder how to estimate these numbers – and this has some challenge given the human genome is made up of 3 billion base pairs, comprising roughly 30,000 genes. Add in the fact that many genes act in concert with each other, and the problem is compounded again. Michael Le Page in NewScientist (22 July 2017) describes one approach – assume a value and then look for conclusions not congruent with reality:

… if most of our DNA is functional, most mutations would fall in important sequences and be bad for us. But if most of our DNA is junk, the majority of mutations would have no effect. [Professor Dan] Graur’s team has now calculated how many children a couple would need to conceive for evolution to stop us accumulating too many bad mutations in different cases.

If the entire genome has a function, couples would need to have around 100 million children, and almost all would have to die, they found. Even if just a quarter of the genome is functional, each couple would still need to have nearly four children on average, with only two surviving to adulthood.

Taking into account estimates of the mutation rate and average prehistorical reproduction rate, Graur’s team calculated that only around 8 to 14 per cent of our DNA is likely to have a function (Genome Biology and Evolutiondoi.org/b9q3). This ties in nicely with a 2014 study that compared our genome with other species and concluded that around 8 per cent of it is functional.

“We are walking around with a genome where only 1 in 10 bases actually matters,” says Chris Ponting of the University of Edinburgh, UK, who was part of the 2014 study.

The challenge for those who still think most non-coding DNA is vital is to explain why an onion needs five times as much of it as we do, says Ryan Gregory of the University of Guelph in Canada.

So long as you understand that evolution is a messy, imprecise business, this actually makes sense. Add in the information that our genomes can actually be used by viruses, which have their own goals, and it’s no surprise that big chunks of our genome are foreign, deactivated, non-functional, and only a bit of it is functional.

A Dip Into American Mythos

A mythos is a set of stories which defines the history of some group, putting that often bloody, unsettling history into a light which makes it look really damn good. I recently received a “mythos letter” which nettled me, due to its immigrant-phobic message that is enhanced by its references to mythic elements of American history. For a Snopes.com take on it, see this article. I haven’t actually read the Snopes article, as I wish to react to this sneaky bit of trash without influence. I will omit the pictures and commentary from forwarders.

This was written by Rosemary LaBonte to the editors of a California newspaper in response to an article written by Ernie Lujan who suggests we should tear down the Statue of Liberty because the immigrants of today aren’t being treated the same as those who passed through Ellis Island and other ports of entry. The paper never printed this response, so her husband sent it out via internet.

Maybe we should turn to our history books and point out to people like Mr. Lujan why today’s American is not willing to accept this new kind of immigrant any longer. Back in 1900 when there was a rush from all areas of Europe to come to the United States, people had to get off a ship and stand in a long line in New York and be documented.

As if the Americans of yesteryear welcomed immigrants with open arms? The fact of the matter is that American history is full of examples of the hatred of immigrants – the travails of the Irish, the Germans, the Polish, and the Africans are well-documented and should not be forgotten.

Some would even get down on their hands and knees and kiss the ground. They made a pledge to uphold the laws and support their new country in good and bad times. They made learning English a primary rule in their new American households and some even changed their names to blend in with their new home.

They had waved goodbye to their birth place to give their children a new life and did everything in their power to help their children assimilate into one culture. Nothing was handed to them. No free lunches, no welfare, no labor laws to protect them. All they had were the skills and craftsmanship they had brought with them to trade for a future of prosperity.

Or poverty. Remember the immigrant coal-miners, those stuck in the ghettos of the American cities, those who could not get preferred jobs because of ethnicity?

But more importantly, they did get help. From churches which never failed in their ideal mission, from charitable groups who thought it was their duty to help the new immigrant. The immigrant did have help, because without it they would have died in the dust. This is a group endeavour, folks.

Most of their children came of age when World War II broke out. My father fought alongside men whose parents had come straight over from Germany, Italy, France and Japan. None of these 1st generation Americans ever gave any thought about what country their parents had come from. They were Americans fighting Hitler, Mussolini and the Emperor of Japan. They were defending the United States of America as one people.

Unless the writer is black or of Japanese descent, his father did not literally fight alongside Black and Japanese Americans – because in the former case, the military services were strictly segregated, and in the latter case the Japanese-Americans were not trusted by the American government. In both cases, it’s true that they fought in World War II – in their own units, where they achieved distinction. The 99th Pursuit Squadron and 332nd Fighter Groups made up the valiant Tuskegee Airmen (a bomber group was also formed by the Tuskegee Airmen, but never carried out missions), were mostly black, along with some Haitians and a Trinidad pilot. Similarly, several groups within the Army, most notably the 442nd Regiment, were made up of mostly Japanese-Americans in the Hawaiian National Guard, along with some mainland Japanese Americans. This, from Wikipedia, says it all: The 442nd Regiment was the most decorated unit for its size and length of service in the history of American warfare.

The broader point I wish to make is this: we were not some magically homogenous group of citizens during World War II. The white majority disdained those who looked different, discriminated against them, and had to have it proven to them that Americans of African and Japanese descent could fight as well, or better, as the could. Just as in World War I, where the American Commander-In-Chief, General Pershing, earned the epithet “Black Jack” because of his insistence that Blacks be permitted to serve in combat, “Americans” still resented the outsider, the person who looked different – the immigrant. The immigrants didn’t fight because they had magically assimilated – the fought because they wanted to become part of a society that viciously and unjustly thought them unworthy of the position.

When we liberated France, no one in those villages were looking for the French American, the German American or the Irish American. The people of France saw only Americans. And we carried one flag that represented one country. Not one of those immigrant sons would have thought about picking up another country’s flag and waving it to represent who they were. It would have been a disgrace to their parents who had sacrificed so much to be here. These immigrants truly knew what it meant to be an American. They stirred the melting pot into one red, white and blue bowl.

And here we are with a new kind of immigrant who wants the same rights and privileges. Only they want to achieve it by playing with a different set of rules, one that includes the entitlement card and a guarantee of being faithful to their mother country.

Yes, indeedy. Except for the fact that this is just like our immigrant forebearers, who clung to the faith of their homelands (or did you think they converted to King Henry’s Episcopalianism on their arrival?), who lived together in ethnic communities that are well known even today (ask any Chicagoan where the Poles, the Blacks, even the Serbians live in the City), who clung to the same food they ate at home – any Minnesotan who recognizes the word ‘lutefisk’ will instantly recognize the truth of what I say.

The “melting pot” is the American ideal rarely, even reluctantly, achieved.

And immigrants do not emigrate because of their hatred for their motherland, but despite their love for it. Oh, sure, we can name men & women with the wanderlust, who have to see what’s just over the horizon – but they are the small minority. Most folks are happy enough to stick to the valley in which they were born. Those who immigrate are often chased out of their country by the many varieties of intolerance. To suggest that it’s wrong to retain the love for the motherland is to suggest that the successful immigrant arrives with no sentiment in his heart, but instantly grows some upon discovering the shores of America.

I’m sorry, that’s not what being an American is all about. I believe that the immigrants who landed on Ellis Island in the early 1900’s deserve better than that for all the toil, hard work and sacrifice in raising future generations to create a land that has become a beacon for those legally searching for a better life. I think they would be appalled that they are being used as an example by those waving foreign country flags.

And this is the point of the matter, isn’t it? The writer believes she has differentiated today’s immigrant from some mythical heroic wave of “proper” immigrants, and now she’s free to hate on them.

Hate, hate, hate.

And the problem for the writer? I know better from simple personal experience. I’ve worked with many immigrants. Guess what – they speak English! Some really well, such as the Russian who only trips occasionally over the latest bit of slang, and some not so well, as a few Indians who struggle with the accent.  But they all speak it well enough to get by. Some love American culture and are deeply embedded in it, while others are more insular and remember their beloved motherland with melancholy. I’m served by them at the restaurants, they constitute 28% of our medical doctors, they pick our food, and, watching them, they work bloody hard.

So, through ignorance or deliberate deceit, the author of this slur stirs up the usual hatred of immigrants that has long motivated the conservatives, that bands them together and puts them in their place, their room of ignorance and group thinking and dislike of those who dare to think differently, where they can be used by their masters. So sometimes immigrants need a little help, especially the war refugees, when they come over. Are we so ungenerous that we’d prefer to hate on them?

And for that suggestion about taking down the Statue of Liberty, it happens to mean a lot to the citizens who are voting on the immigration bill. I wouldn’t start talking about dismantling the United States just yet.

And, oh, hey. Buddy. The Statue of Liberty is a gift from the French. Perhaps it was a nudge to a country that was going the wrong way from an older, wiser brother.

KEEP THIS LETTER MOVING. FOR THE WRONG THINGS TO PREVAIL, THE RIGHTFUL MAJORITY NEEDS TO REMAIN COMPLACENT AND QUIET.

LET THIS NEVER HAPPEN!

I sincerely hope this letter gets read by millions of people all across the nation!

Sure. And hopefully the readers put more thought into the issues than you did writing it.

Belated Movie Reviews

Me at my Annual Performance Evaluation.

It’s one of the supreme classics[1], so what can I say? The Hunchback of Notre Dame (1923), starring Lon Chaney, fights through its technical shortcomings, such as people moving too fast and a very scratched up film[2] (ours came from a DVD compilation of horror films) to deliver a tight, twisted plot and a fascinating performance by Mr. Chaney in this early, early example of film noir.

The year is 1482, in Paris. Briefly, Quasimodo (Chaney) is the deformed & isolated monstrous minion to Jehan, who both live, at the dispensation of Jehan’s brother the Arch-Deacon, in the Cathedral of Notre Dame. Jehan is a man of lusts and jealousies – carnal, wealth, and prestige. He has none of them, and so is consumed with jealousy for the standing of the Captain of the Guard, Phoebus, for the affections of the street dancer Esmeralda, and, just to round out the sentence, of the mostly unseen presence of the instrumentality of Godly vengeance, King Louis XI. Esmeralda, the pivot for much of the plot, is a Gypsy, dancing for a living, and also the object of fatherly affection of the King of the Beggars, Clopin, who adopted her after she was stolen from her crib.

Jehan resolves to reduce one of his jealousies by kidnapping and ravishing Esmeralda, and to that end he and his minion, Quasimodo, operating in the dead of night, track her down and attack her. But Phoebus, soon to be promoted, happens on the scene with his men and rescues Esmeralda, capturing Quasimodo in the process. Jehan slips away in the confusion, leaving Quasimodo, pleading silently for help, to his fate.

Please pick the lice from my pelt.

Phoebus falls in lust with Esmeralda, but restrains his carnal instincts upon encountering her innnocence, and invites her to the ball celebrating his appointment to the Captaincy. Meanwhile, Quasimodo is given a quick trial and sentenced to be lashed for his attempted kidnapping and assorted alleged bestial urges. It being a public, lesson-to-be-learned punishment, Esmeralda stumbles upon the scene at the end of the performance, brings Quasimodo water, and helps release him from his chains, thus winning the monster’s gratitude.

Onwards to the ball (surely one of the greatest gatherings of wimples in their natural habitat presented on film), step-father Clopin leads a mob that breaks in and accosts Phoebus in mid-woo, causing Esmeralda to proclaim herself unsuited to the aristocracy, and leaves with her step-father. She arranges for a note to be sent to the heart-broken Phoebus, begging him to meet her in a secluded garden for a farewell before she takes up the veil. Unknown to her, Jehan has continued to lust after her, and, trailing her, leaps upon Phoebus while he necks with Esmeralda, stabbing him in the back.

Esmeralda is arrested for the crime, and, under the King-endorsed wickedly augmented interrogation procedures, confesses. For this, there is no redemption: she is to be hung. Phoebus, who has survived the attack, is utterly sick with worry, but as Esmeralda is conveyed to the gallows, past the Cathedral, Quasimodo clambers down the front of Notre Dame, knocks over the guards like bowling pins, and carries Esmeralda into the sanctuary of Mother Church.

My punishment is not that I must wear a wimple, but that I think I look good wearing it.

But Mother Church is infested with a tick, a tick by the name of Jehan, who tells Esmeralda that Phoebus has died and instructed Jehan to take care of Esmeralda. Meanwhile, step-father Clopin reconstitutes his mob to rescue Esmeralda from Notre Dame. Puzzlingly, Notre Dame has boiling lead ready for itinerant mobs, and Quasimodo, in his isolated and damaged condition, does not recognize the mob as rescuers, but as attackers. He pours the boiling lead on their heads as they batter at the doors; Esmeralda is distraught at the deaths of her friends, far below, and in a moment of inattention, Jehan attacks her, meaning to take her by force. Quasimodo, remembering Jehan’s abandonment at his moment of need, throws Jehan from the battlements of Notre Dame into the crowd, far, far below, now a battleground as Phoebus and his men counter-attack the mob. But Quasimodo is not unscathed, as Jehan’s parting gift is several knife thrusts into the hunchback’s body. Quasimodo, mortally injured, manages to return to his one true love, the ringing of the bells of Notre Dame, for one more tug on their cords, and the cords of your heartstrings.

Obviously, there’s a lot going on here: social commentary, moral teachings, and a lot of cleverness I chose not to report. But perhaps the most interesting part is how simply it’s presented. It’s not a labored, tedious movie about the inequalities of France in the late 1400s, but a movie about a man afflicted by both God and Man, and how the thick currents of societal ignorance, sauced by class resentment, lead to general and unjust disaster, as the self-interested decisions of far too many lead to a black ending for those who merely struggle to survive.

This movie is often classified as horror, but I see it as the classic film noir, as the decisions of men & women, inevitable yet defective, lead down the path to black endings, tragically instructive.

Put up with the scratches, the unnatural speed, the captions. Pay attention. Strongly Recommended.



1Which didn’t keep me from making fun of it, but only with the greatest of affection.

2Do film buffs consider this patina or rust?

Predatory Hospitals Really Shouldn’t Be A Thing, Ctd

Concerning misleading hospitals, a reader writes:

It’s a very real thing, as I think I’ve written to you earlier, having experienced it personally at Fairview Southdale [here in the Twin Cities]. Predatory hospitals are practically criminal. Yet another reason for single payer health insurance.

I wonder if there are any sites out in Web-land which list – and shame – those hospitals using 3rd party, out of network, doctors & agencies to staff their emergency rooms.

Obtuse Reminiscence

Completely unprompted, my Arts Editor composed the following while at dinner yesterday.

While save her from his selfless wisdom has a certain charm, I was immediately drawn to the last one, and became aware of the land of Were-Cows.

Moo-hahahaha….

Word Of The Day

Noctilucent clouds:

NLCs [Noctilucent clouds] are, essentially, clouds of frosted meteor smoke. They form when wisps of summertime water vapor rise toward the top of Earth’s atmosphere. Water molecules stick to the microscopic debris of disintegrated meteoroids, assembling themselves into tiny crystals of ice that glow beautifully in sunlight at the edge of space. [Spaceweather.com]

And here’s a perfectly lovely picture from a satellite. I tried to find the original on the AIM site, but that site really needs to be reorganized; this is shamelessly stolen from Spaceweather.com, which claims it found it on AIM.

Credit: NASA/HU/VT/CU LASP

Not all things Earthly look Earthly.