Busted

I don’t get it. What is wrong with it if I talk to the Russian ambassador? I’m a private citizen now and should be able to associate with anyone I want. And if I were confirmed as an appointee, my conversations would be called “diplomacy.”

And yet, we managed to drum Gen. Michael Flynn out of a job.

Anybody smell some jealous politicians running scared again?

Turns out there is a law. The Logan Act states, in part:

“Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title or imprisoned not more than three years, or both.”

Huh.

So no private person can try to conduct foreign policy without the permission of the gummint. Specifically, I’m forbidden to talk with a foreign government or its representative and try to influence foreign policy.

“Is true!” Liz Arden said.

It came about after the French Revolution when the new United States didn’t help France because of a treaty with England. The French were upset and began robbing American ships and jailing our sailors.

“They should have been upset because they helped us.” Ms. Arden reminds us.

We're Here to HelpOfficial envoys tried unsuccessfully to patch things up and it looked as if we’d end up at war with France. I reckon we’re lucky they didn’t gang up on us with England.

That’s when Dr. George Logan, a Quaker Republican lawmaker from Pennsylvania, set off for France. He succeeded, but when he got back to the U.S., then-President John Adams, George Washington, and the rest of the gang were furious over his interference. Congress pushed the law through to stop lone wolves like Dr. Logan from doing it again.

“Cuz jealous?”

80% of our laws are.

And here I wanted to talk with Kim Jong un!

Anyway, the Logan Act feels like a violation of the first amendment. Freedom of association is both an individual right and a collective right, guaranteed by all modern and democratic legal systems, including the Bill of Rights, article 11 of the European Convention on Human Rights and the Canadian Charter of Rights and Freedoms, and international law. Be interesting to test that.

“Well, freedom to associate, sure. But with the intent to influence policy?” she asked.

It’s an interesting line.

Assuming I could even get in to talk with an opponent’s ambassador, how much influence would I have? Or would Gen. Flynn, before the election? And should we prosecute Rex Tillerson? Look how many times he’s talked to Mr. Putin directly, before the election.

After the election is a different story. I’m thinking we want a new Administration — any new Administration, left or right — to get its ducks in a row.

Gen. Flynn lied and deserved to be fired but so should the politicians who put him in that position.

And, for the record, we haven’t seen Dennis Rodman prosecuted yet.

 

Dam, Sam!

Question of the Day: How complacent have California dam operators become under the ‘permanent drought’ of global warming?
found on the Interwebs

This is a story of bad reporting, bad management, and bad boondoggles.

Damage to the spillway keeps worsening at America’s tallest dam at Oroville, California. Dam operators opened the flood gates to keep the state’s second-largest reservoir from overflowing even more disastrously although they know that increasing the flow would erode a big part — perhaps the entire bottom half — of the spillway. That’s about “150 yards of concrete,” the San Francisco Chronicle reported February 10, “that will have to be painstakingly rebuilt during the dry months.” Repair costs, “state officials said, will likely top $100 million.”

Wait. What? 666 THOUSAND DOLLARS A YARD???

Oroville Dam-SpillwayLake Oroville was at 99% capacity by Friday with only 3.5 feet left to fill. The good news is that the larger spillway, made of reinforced concrete, was peeling downward and not threatening the integrity of the 770-foot-high dam itself.

Wait. What good news? 666 THOUSAND DOLLARS A YARD??? That’s even more than a Florida highway boondoggle!

“And Californians think they should run the country…” Rufus said.

That has to be stupid reporting. I reckon the hole is actually 150 yards long, not 150 cubic yards. Still, the equivalent of less than a tenth of a mile of Interstate highway repair (that’s about what we’re talking about here) ought not cost $100 million.

“What did they piss away on the 18-mile stretch?” Rufus asked.

Good question. The Florida Department of Transportation is famous here in the Keys for its decade-long, costly boondoggles.

The Stretch was a two-lane highway identified as U.S. 1. It carries 99% of the traffic between Florida City on the mainland and Key Largo and points west, all of it along the former right-of-way of the Key West leg of the Florida East Coast Railway. It was rebuilt to save lives and to facilitate the increased volume of traffic, particularly during hurricane evacuations.

It is now a two-lane highway divided by a concrete barrier that separates northbound and southbound lanes.

Construction took place in three stages which tied up the main entry to the Keys for years. The first ten miles, down at this end of the road, chewed us up from Key Largo to about mile marker 116. That cost $153,565,133. The second phase extended from mile marker 116 up to Florida City but the D.O.T. skipped a three-mile segment in the middle. No one knows why. Those five miles of paving took about three years, from 2008-2011 and cost $111,827,749. The middle three miles, from mile marker 121 to mile marker 124, was later in 2011 at a cost of $17,043,687. The “additional engineering and administrative costs” brought the total cost to $330 million for the entire project or more than $18.3 million per mile.

In the real world, a new six-lane Interstate highway costs about $7 million per mile in rural areas or $11-12 million per mile in urban areas.

Back to Oroville. That’s in California which is apparently even more expensive than Florida.

The Butte County sheriff issued evacuation orders yesterday for everyone living below the dam, some 188,000 people, because the crumbling emergency spillway could give way and unleash floodwaters onto rural communities along the Feather River.

Wait. What?

Didn’t they tell us the spillway was peeling downward and not threatening the integrity of the 770-foot-high dam itself?

The California Department of Water Resources said on Twitter at about 4:30 p.m. PST that the spillway next to the dam was “predicted to fail within the next hour.”

Wait. What?

Didn’t they tell us the spillway was peeling downward and not threatening the integrity of the 770-foot-high dam itself?

The damaged spillway remained standing several hours later; it’s still there.

There’s no word when evacuation order will be lifted.

“I figure the 188,000 people in Oroville, Yuba County, Butte County, Marysville and nearby communities probably voted for Trump,” Rufus said.

The water level has now dropped. The dam itself is fine.

 

Two-Faced Lying Liars

The 24-7 “Muslim Ban” reportage should remind us of the first rule of Journalism:

Tell the truth, then quit.

The Mainstream Media lies, but maybe not for the reason we think.

The yellow press of the 19th Century set a pretty low bar for truth culminating when Joseph Pulitzer’s New York World and William Randolph Hearst’s New York Journal battled to drive up circulation.

Yellow Journalism presents “little or no legitimate well-researched news and instead uses eye-catching headlines to sell more newspapers. Techniques may include exaggerations of news events, scandal-mongering, sensationalism” and outright falsehoods. We us the term today “as a pejorative to decry any journalism that treats news in an unprofessional or unethical fashion.”

Today, there’s talk that the low bar is set for political reasons.

Journalism transformed itself from making stuff up and muckraking to the investigative reporting of the mid-century. American reporters have discovered and reported on individual and corporate and government wrongdoing, secret practices, corruption, and witch hunts.

The iconic news organizations had a golden age. Murrey Marder exposed Sen. Joe McCarthy. Edward R. Murrow, the most distinguished figure in broadcast journalism, simply gathered news completely and then broadcast it. Walter Cronkite assumed the mantle of investigative journalism as a watchdog who delivered the facts as a CBS anchor. Woodward and Bernstein may be the last of the modern era “complete, factual” investigative reporters.

Reading the NewsNews writing and journalism transformed again in the 60s and 70s. The so-called “new journalism“ driven by writers including Tom Wolfe and Hunter S. Thompson moved the bar to the long-form narrative that uses novel-like scenes in stories instead of straight reportage of facts.

That’s where we come in today.

“Political reporters” in particular want to tell a story rather than tell a fact. That story is often not true. Let’s look at some examples.

Mark Hertsgaard wrote that press coverage of the Reagan Administration was “extraordinarily positive.” The media “abdicated its responsibility” to report accurately what the government was doing. Washington Post editor Ben Bradlee himself said the media had been “kinder” to President Reagan than to any other President in his time at the Post. Prominent journalists and news organizations, Mr. Hertsgaard wrote, “allowed themselves to be used” by the President’s political operatives. The media told at least some of the truth but the stories excused it.

The Teflon™ didn’t stick (heh) around for George H. W. Bush. From the reports about the grocery store scanner to Bill Moyer’s insistence that the first Iraq war was based on lies, the media abdicated again but this time chose to report inaccurately what the government was doing. The media told at least some of the truth and the stories blamed the president.

“Read my lips. No new taxes,” may be the most famous line that sank a presidency.

“I did not have sexual relations with that woman” may be the most famous line that didn’t.

The press narrative covered Bill Clinton’s lies and none-the-less forgave him. They played by the Clinton rules. The media told at least some of the truth but the stories excused it.

The Internet — Facebook, Twitter, Bloomberg, Google and YouTube, WikiLeaks, blogs, thousands of digital news and information sites — has pushed the media icons even farther away from the truth.

The botched 60 Minutes piece on George W. Bush’s National Guard service defined the tone for press coverage. It was, purely and simply, a lie. “The story we reported has never been denied by George W. Bush, by anyone in his close circles, including his family,” Dan Rather continues to say. In fact, Bush spokesmen have repeatedly denied it. In the other Bush narrative, the MSM to this day claims Saddam Hussein had no weapons of mass destruction. The truth? Iraq certainly had chemical weapons but the MSM denial lives on. The media told at least some of the truth but the stories pilloried the president.

NBC News correspondent Lisa Myers found this statement in the 2010 Obamacare regulations: “A reasonable range for the percentage of individual policies that would terminate is forty percent to sixty-seven percent.” Did you know that? From lies about health care to lies about the deficit to lies about tax cuts to lies about terrorism, to lies about scandals, Mr. Obama’s lies are legion but excused or buried by the mainstream media. The media told at least some of the truth but the stories excused it.

This weekend, a protest lawyer told ABC News “the immigration ban is unconstitutional.” The network treated that as fact. When a lawyer said the same about ObamaCare, the network immediately cut to “experts” explaining why the program was indeed constitutional. The media tells at least some of the truth but the stories blame the president.

Since the press chooses some Republicans and some Democrats for praise and different Republicans and other Democrats for excoriation, I can’t simply point to “liberal bias” or even “conservative bias.” Liberal papers like the New York Times were nice to Mr. Reagan. Conservative papers like the Wall Street Journal were (relatively) nice to Mr. Clinton.

I love news and data but I am ashamed of what I see happening in this most important bulwark of democracy.

I have long thought the media was star-struck by Mr. Reagan but hated Mr. Bush 41’s class. Since Democrats love to play the race card, perhaps the press excused Mr. Obama because they were afraid of racial accusations. Perhaps they simply hate Mr. Trump.

A lot is our own fault dear reader.

Facebook, Twitter, Bloomberg, Google and YouTube, WikiLeaks, blogs, and thousands of digital news and information sites means We the People read less real journalism today than ever before. And sadly, that means the “real journalism” we do read or watch tells us more lies by commission or omission than ever, just to try to get our attention.

We pay attention. And we believe the stories.

Can you hear the shades of Joseph Pulitzer and William Randolph Hearst chortling?

 

Illegitimate

Chuck Todd asked Rep. John Lewis (D-GA) on Meet the Press if he plans to forge a relationship with Mr. Trump. The congressional icon said Mr. Trump makes that difficult. “I don’t see this president-elect as a legitimate president.”

I don’t see Rep. John Lewis as a legitimate voting rights icon.

Don’t get me wrong. Rep. Lewis was as good a guy as any politician gets. Oh, sure, he’s traded on race and civil rights leadership all of his life but we’ve come to accept that from our pols. More than the Nashville sit-ins, more than SNCC, even more than the Freedom rides, Mr. Lewis has associated himself with the Voting Rights Act.

Rep. John Lewis wants to delegitimize 46% of the American electorate and 57% of the Electoral College.

Lyndon Johnson signed the Voting Rights Act into law on August 6, 1965 to overcome legal barriers at the state and local levels that prevented black Americans from voting but the landmark legislation does more than prohibiting racial discrimination in voting. It assures that citizens can vote no matter their race, color, or language minority status. Mr. Lewis was not a lawmaker at that time although he was present when the VRA was signed.

And now Mr. Lewis wants trade on his reputation as a standard bearer of voting rights to delegitimize 46% of the American electorate and 57% of the Electoral College.

“I don’t see this president-elect as a legitimate president.”

I analyzed that sentence. Legitimate (and illegitimate) has a precise meaning and John Lewis knows it — he writes laws for a living. Legitimate means “according to law; lawful; valid”; illegitimate means “not authorized by the law.”

Donald Trump and John Lewis

In speaking of whether Mr. Trump can be president, the facts are very simple. The president must be a natural born citizen. The president must be at least thirty-five years old. The president must have been fourteen years a resident within the United States. The Electors must meet in their own States; a majority of them must vote by ballot for one person to be president. Mr. Trump satisfied the law. He is legitimate.

It doesn’t matter what you (or I) think of Mr. Trump’s behavior or his ability or his class. He traded on his own history, followed the rules, and won the election. Mr. Lewis traded on the Civil Rights movement history, broke the rules, and lost his own validity.

Accept the Results

And now President Trump is about as legitimized as it gets.

The Legacy

Today is Barack Obama’s final day as President.

Politicians like Mr. Obama have get out front to talk about their legacy because they fear more than anything else that even their True Believers might hear the truth. On his last full day as President, here’s the truth. It is a Legacy of Failure.

The Legacy of Shame
• Aleppo. Benghazi. China. Iran. Iraq. Israel. NATO. Russia …
• Mr. Obama drew the line in the sand to Bashar al-Assad over his use of chemical weapons, then ran away. He spoke forcefully to Vladimir Putin, then ran away. He spoke harshly to Iraq in 2011, then ran away (that precipitated the rise of ISIS).
• Former NATO Supreme Allied Commander James Stavridis said Mr. Obama will someday look back on his Syria policy “with deep sorrow and some shame.”


The Legacy of Broken Dreams
• “We [don’t have] an energy policy in this country that makes sense,” Mr. Obama said in remarks on the American Jobs Act in 2011. There is still no coherent energy policy. Sadly, the coherent energy policy is to bankrupt any energy producer not on the “friends” list. FAIL.
• The cost of college has increased faster than the rate of inflation. FAIL.
• China devalued their currency to make their goods cheaper and our goods more expensive. The Obama China policy was never to challenge them. FAIL.
• Health care policies have failed to lower health costs. FAIL.
• In 2008, Mr. Obama claimed his investments in green energy would create 5 million new jobs. FAIL.

The Legacy of Bankruptcy
• In 2008, Mr. Obama said that adding $4 trillion to the national debt was “irresponsible” and “unpatriotic.”
• On Jan. 20, 2009, the debt held by the public was roughly $6.307 trillion. Intragovernmental Holdings added 4.32 trillion bringing the total national debt to $10.63 trillion on the day of Mr. Obama’s own inauguration. The national debt stands today at 19,961,179,000,000 (>||< close to TWENTY TRILLION DOLLARS) and counting.

The Legacy of Ill Health
• About 9.1% of people in the U.S., or around 28.6 million, were uninsured in 2015.
• “If you’ve got health insurance, we’re going to work with you to lower your premiums by $2500 per family per year.” The average family premium increased by $3,065 from $12,680 in 2008 to $18,142 this year, a 43% increase.
• U.S. health care spending grew 5.8% in 2015 alone, reaching $9,990 per person. Health spending accounted for 17.8% of the Gross Domestic Product. It is now $10,384 per person.

The Legacy of Joblessness
• 86,591,000 men and women, young and old, either don’t have, don’t want, or can’t do a job. The Obama administration does not count them as unemployed because they had not searched for work in the four weeks preceding the BLS survey.

The Legacy of Lies
• “We will pursue the housing plan I’m outlining today. And through this plan, we will help between 7 and 9 million families restructure or refinance their mortgages so they can afford-avoid foreclosure.” Uh huh.
• “If you like your health care plan, you’ll be able to keep your health care plan.” Okey dokey. (Obamacare alone is a legacy of deception unlike any previous government program.)
• “I cut spending by over a trillion dollars in 2011,” Mr. Obama said in 2012 on Meet the Press. Right. (Spending actually increased by $147 billion in that period.)
• “As president, I will work to solve this energy crisis once and for all.” How’d that work out for us?

The Legacy of Overreach
• The Environmental Protection Agency is the poster child for Administration overreach. The Supreme Court had to smack down the EPA over and over again including the EPA’s first limits on coal-fired power plant emissions, Sackett v. EPA, and more.
• EPA head Gina McCarthy was not concerned about the power plant emissions ruling. The regs went into effect “three years ago,” she said. “Most of [the plants] are already in compliance, investments have been made.”
• The EPA would send armed agents to incarcerate landowners for a spill similar to the Animas River in Colorado but now won’t pay $1.2 billion for the damages it itself caused.
• Now, the EPA has madly pushed through new regulations, not because they think they will work, but to create a mass that Mr. Trump’s EPA will have to correct, allowing the Far Green to decry a “rollback.”
• The EPA is not alone. In 2011, after Boeing had hired 1,000 new employees to work at its new factory in South Carolina, the Obama administration ordered the company to shut down the factory, because the factory was non-union.
• Armed SWAT agents raid the Gibson guitar factory, ordered the employees to leave, and seized guitars and other property from the factory, all without warrants or charges filed. It was later revealed that Gibson had not broken any laws.

The Legacy of Poverty
• In 2009, 42.9 million people had income below the poverty line. That was 14.3% of the U.S. population. The official poverty rate is now 14.5%. That means 45.3 million people in poverty, up by over 8 million since 2008.

The Legacy of Terror
• In December, Mr. Obama told us that “no foreign terrorist organization has successfully planned and executed an attack on our homeland.” Uh huh.
• He called the 2009 Christmas Day bomber an “isolated extremist.”
• The Fort Hood shooter who shouted “Allahu Akbar as he pulled the trigger” committed “workplace violence.”
• He called the 2013 Boston marathon bombing a “vicious attack” and directed the full resources of the government to Boston to find the source of that “terrorist act.”
No terrorist attacks?

The Legacy of Theft
• Mr. Obama stole General Motors from its stockholders — the government took a 60.8% ownership of the company and fired its CEO — then delivered ownership of the company to reward his voting block.

The Legacy of Wimps
• Even NBC’s Meet the Press questioned his manhood.


The Wrap Up
Mr. Obama brought a legacy of inadequacy and fear to America but he didn’t do it alone. There are still about 2,700,000 Executive branch civilians, 535 Congress critters, and about 65,000 people working for Congress in place and ready to keep on keeping on.

Mr. Trump has promised a clean sweep would start tomorrow but he has a lot to overcome.