Don't Be A SUCKER!
I was given a second life. I won't give you baloney. John Berman for Senate
PO Box 831, Richland, WA 99352 firstname.lastname@example.org
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I Have Decided to Go With a Write-In Candidacy. Please see the bottom of this long page (I update this site nearly daily and do so at the bottom, not top, unless there's a big change in course of action). The latest poll (8/11/20) appears to be greatly flawed, in my view. The flaw is easy to see, and I have written the pollster. Read my letter, below.
Step 1: Objective, Computational Justice in Our Courts For True Due Process with No Baloney
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Judge Puty; Computational Justice.
The federal courts have failed. They could not scale-up from 1789. They are obsolete and not up to the job. It was a good try by the 1789 designers, but engineering any system bumps up against realities of scale. State court systems are out of control and were set on this path in 1983 by a Supreme Court decision. George Floyd died because of this, and I have particular grief for his little daughter. I decided to file my candidacies because of that grief. I have a Midwest strategy. I explain this in my blog.
Judge Puty runs on your cellphone. JP would not be the last word. That would be silly. JP would be the first word and express the "Intent of Congress" (or your State Legislature if they follow suit) on your problem that you might want to take to court (or to a government agency, but that would be much more complicated and probably not feasible any time soon). Judge Puty inherited Lucy's Doctor-is-In stand, so she costs only a nickel.:)
If a human judge thinks Judge Puty is wrong, then the judge must say why. That is not optional, and Congress can enforce that. It's high time judges say why. Anthony Kennedy insisted on this, and he was right on the mark. It's in my blog. JP's technology is simple and quite feasible by today's standards. JP has some questions to ask you and some answers to give you, expressing "the intent of Congress." Congress should leverage technology to communicate in the most effective way with those who pull the lever in the voting booth. The voters have the true leverage. Use it and vote for the 5¢ Judge Puty solution. FEMA denied what Governor Walz said was 500MIL in damage. $500MIL : 5¢ = 10 BIL to 1 leverage - ok, with a few assumptions; but it's still a lot of leverage when you figure in death and destroyed lives and heartbreak.
A small cost to yield working courts that deliver truly-objective due process. Judge Puty's computational (and therefore objective) court articulates the intent of Congress (which is the law and what courts are supposed to try to "ascertain") and does NOT permit unlimited "judicial discretion" or unlimited police "discretion" - as in a knee on a neck. Save lives, heartbreak, and 500MIL - for a nickel or maybe a little more. That's leverage any way you cut it. Simplistic, you say? It's a simple and inexpensive step in the right direction, and time will tell whether it's effective or simplistic. That's called engineering and a good bet.
Step 2: A Mid-America Congressional Center in Kansas, networked to D.C. and with equal status for quorum determination and everything else; so as to 1) ease the burdens created by travel to D.C. and back, and living in an overcrowded place remote from constituents; 2) bring some government labs and other resources, to Kansas - the U.S. geographic center - so as to help diversify the Midwest economy and also give kids enriched opportunities as summer students, as I had on the East Coast, where Don Foster (physics professor at Wichita State) was my first physics mentor/prof. while he was on sabbatical at the Bureau of Standards, now NIST(see Kansas on My Mind blog entry); 3) distribute decision-making power, for which your taxes pay, from its current D.C. concentration - such distribution is almost always the preferred alternative.
This really needs no further detailed explanation. Kansas is ideal geographically, as anyone can see from the map. There are easily a dozen states that would benefit when compared on travel to D.C. There is little reason why, given today's construction technology, there could not be a fully-networked and secure-enough Midwest Congressional Center in place before winter hits hard, if Congress really wanted it done.
There are all of 100 Senators, and even if 24 would prefer traveling to Kansas rather than to D.C. (and I'd bet there would be more) building a basic, functional, secure facility not-too-far outside a metro area on available land would not be a huge undertaking for even 50 Senators and staff. We're talking functionality - not domes and statutes and doo-dads. Get the job done and reduce risk, increase communication and productivity and more. With relatively open space around it, security would not be the issue it would be in a metro area. Build it modularly for fancy add-on's later or to make this a satellite facility ultimately to something more downtown. All of these are options.
The cost would be drop in the bucket compared to nearly everything else that's spent by Congress, and there would be an instant and big payoff. I am hardly one to jump at spending, but this is a cheap solution to many problems. It makes complete sense for efficiency and risk reduction. It would be start of additional and substantial economic diversification for the Midwest. Tell me if I'm missing something. Any Midwest Senator who would not support it would have to do some 'splainin'. Other Senators, as well.
Architects and construction experts know this stuff cold, and could get it done fast. Bidding according to guidelines could well be a hold-up. That's the only real delay I see, aside from convincing those Senators who have a self-interest and State interest in maintaining a D.C. stronghold. That's why there needs to be a Midwest regional block that uses leverage on other votes. Make the Coastal-centric Senators show their self-interest at the expense of safety of the Midwest block and their staying in real touch with their constituents. If bidding is a problem, have the Army corps of engineers put up quonset huts. No prob for me. I can work and sleep anywhere, and have had to.
Also, when I was at Kansas City airport (MCI), there were Delta jets parked to the horizon.
The Senate could decide on this very quickly since it's only a hundred people and makes its own rules, and is not dominated by East and West Coast representatives. After the benefits became clear, the House could make its decision by looking at a live example.
I'm assuming Kansas would want this, of course. But irrespective of the exact location, the benefits to the Midwest are obvious. The stories of Senators rushing to and from D.C. - sometimes fatal stories - should be ancient history.
Farming and Ranching - I've grown garlic on 3 out of 10 acres, for two seasons, as a proof of concept for scaling up to, maybe, a whole 8 acres. That qualifies me as much to be a real farmer as did my 8th grade ice hockey on the C&O Canal qualify me to play professional hockey (and if the kids in Minnesota had seen us Maryland kids playing, they would have ROIFLTAO - where "IF" stands for Ice Floor of their ice-fishing huts).
My freemartin Jersey, Lulu, is now on ice in the freezer after 10 years during which time I didn't have the heart for it; but my neighbor knew it was long overdue. But I do know a LOT about diesel engines and other engines and the torque converter on my Allis Chalmers backhoe craigslist bargain, and fixing the discs on my disc. I also know a lot about markets and monopolies and scaling laws and diversification - not all of my knowledge I've borne in mind at the correct time, personally. But I can analyze them correctly on a whiteboard, and here's a general observation: The Midwest's in the middle, but it doesn't get the better half (may one of my heroes, Jerry Reed, rest in peace). Not by a long shot, the Midwest doesn't get the better half. That's in my blog.
First, look at a rather big picture:
Agriculture, food, and related industries contributed $1.053 trillion to U.S. gross domestic product (GDP) in 2017, a 5.4-percent share. The output of America’s farms contributed $132.8 billion of this sum—about 1 percent of GDP.
www.statista.com › topics › legal-services-industry-in-the-us
May 9, 2019 - Legal services industry in the U.S. - Statistics & Facts. The legal services industry in the United States generated 256.66 billion U.S. dollars in revenue in 2013. By 2018, this revenue is expected to increase to approximately 288 billion.
I don't know where statista.com gets its data. It may be good or bad; I don't know. I believe it's a fair assumption that the USDA has at least pretty good data. Assuming for the moment that both figures a pretty accurate, the legal services industry takes in double the money of America's farms. I am not saying that ratio ends any discussion, but it is a starting point from which I'll continue shortly in my blog. (As I said, I'm updating things as I go, so I'm trying to keep many things going as best I can...thanks....
Update, this is a very important topic, for Kansas especially. I'll have complete update soon. I want to add right now that the legal industry is dependent on its formal monopoly on representing people and corporate entities and the like (and on the informal Dues Process). There is nothing comparable in other industries, nothing for farmers certainly. Agribusiness-style operations benefit from economies of scale, obviously - buy in bulk and mass produce. Smaller and small farms and ranches are a unique national resource because the risk of disruption is spread over many units; and of course they supply an absolutely essential product.
In a whiteboard "analysis" with a bunch of assumptions, there is an "optimal" point (or points) where finite land is distributed between agribusiness and smaller operations, so as to maximize output to meet demand, profit, risk of disruption, environment risks (that include long-term production and quality-of-life risks) - all subject to constraints. Also, selling control of that land to foreign interests has risk. Okay great, so where does all that get the smaller farmer/rancher who needs to make it work now, with prices determined as they are now? I'll be back asap to give you a specific answer, with justification.......
Back with an update, finally: ok, the “specific” answer is rather general but there are some important numbers at the end that are not detached from reality. What is the reality right now? I believe there are many people dying from Covid. I don’t know how many actually, because there are great differences in how “ cause of death” is determined. I’m rather certain that this is not a traditional time. (The Kansas City Star has come out with an editorial stating that there are no “traditional Republicans” running for Senate.) I think it is safe to say that people right now are on the risk-averse side of normal: there are a lot of masks around in public, regardless of government mandates. In a risk averse environment, people tend to choose something safe and higher-priced (assuming they can afford it in their budget - or gut feel, as they look at a grocery store shelf) over something more risky and lower priced. That tends towards the smaller farm and ranch side of Ag, rather than the big-business side, at least if supply disruption is the variable considered (and I think that is the proper focus; people get nervous when they see empty store shelves and for good reason). So what is more important right now are smaller farms, with higher cost of production but distributed risk, compared with agribusiness, in my view. The small farm/ranch is the model with less leverage.
Back to the comparison with the legal services industry. Legal services has a government-granted monopoly. It also produces words, either on paper or on computer. Legal services is highly leveraged in the sense that the marginal cost of a word (the additional cost) is almost zero - a tiny bit of glucose in a brain reacting to create some neural activity and then wag a tongue or put a finger on a key of a keyboard or whatever. That word is charged a monopolistic rate that, say, is $400/hour - sometimes charged, wrongly and illegally, for waiting on the phone (I’ll give you an example later).
The cost of producing $400 of wheat or corn or garlic or or beef, chicken, pork or other people-fuel is much higher than however much glucose (and whatever you want to add in bodily production) is spent to produce $400 worth of legalgoop. And people-fuel producers don't have a state-granted monopoly, either. You see where this is going, right? Legalgoop is highly-leveraged in the extreme compared with farming and ranching. It takes very little glucose, etc. to produce $400 of legal income compared with $400 of farm income. And the quality of much of the legalgoop ranks with the by-product of beef farms and the like. Do you wonder whether legalgoop affects farming and ranching? Legalgoop affects everything. For starters, just look at how many lawyers there are in Congress. And there is much more of an effect. (Continued as soon as possible.)
Amendment 1: Don't shout "Jamoca!" at a swimming pool in summer. Aside from that Am1 is inviolate.
Amendment2: I want to preface this, in light of the murder of the federal judge's son and wounding of her husband and every aspect of that attack. There is no corner of any dimension of the multiverse where you can find any suggestion by me that this is not totally awful. It should be obvious that I have a LOT of issues with many judges and I believe they should not be judges, BUT violence against them is not only awful; it won't solve any issues about courts, and it will make them worse. That's not just a trite-sounding line. I believe, obviously, that the Judge Puty (Totoware) technical solution WILL fix the courts and the great many things courts affect - easily and quickly. I grieve for her son, as I do for Otto and Mr. Floyd's daughter and Mr. Shaver's daughters (and the rest of the families). The particular thought of a 20-year and growing light in the human sky getting snuffed-out just by opening the door makes my heart shudder in its own way. This is what I wrote prior to my reading about the New Jersey judge: the 2nd Amendment is critical and every bit as important as any other Amendment or Article or Section or Clause and right alongside the 1st Amendment and for good reason; but Am2 was and is the Constitution's insurance policy. It is NOT the primary means of "petitioning," and no one should ever say or even think that I've suggested otherwise or ever will. These days a person can attract scrutiny and obloquy simply by speaking and by speaking a reasonable interpretation. My view is that my interpretation is much more than merely "reasonable:" "hunting" and "sport" are mere fringe benefits of Am2, not its reason. And one doesn't have to go to extrinsic Federalist/Schmederalist sources. The reason is protection of what are most dear; and that includes protecting Am1. So long as Am1 (and separately, family and property) is truly protected and truly available - and that includes the right to petition courts (about which the Sup. Ct. said "The right of access to the courts is indeed but one aspect of the right of petition") and election votes are truly counted and not "stuffed" - then Am2 is merely insurance. The US consists of at least two sub-countries, and Am2 does not scale well as population density increases. I'd no sooner take my '87 F-350 crew cab to NYC than I would a firearm (and that was true even before I became an "incomplete quadriplegic"). Sure, there was Umpqua College in Roseburg, OR and Red Lake, MN and others (I'm looking at the Wiki on school massacres); but population density is the strongest factor. The choice is the degree of school security/fortification. Put Biden's 2-TRIL climate "fix" towards school security, and children would benefit more from that than supposed "climate security." (No, the science is not "settled," and climate "engineering" is a wild guess, at best.) The greater the population density, the greater the chance there will be friction that leads to something bad; and more targets. Give people greater access to speak their minds by petitioning in court, and they won't "speak their mind with a gun in their hand(s)." (C. Cross' best line.)
Poor Richard had the engineering insight to see that there was really Article 0, which the other founders were calling, "We the People." But the others weren't recognizing that this "We the People" thing was really the first and most important Article - the real McCoy - so Poor Richard put it first, as Article 0. Poor Richard knew that Mr. (and Ms.) Peebles worked better, in the broader grammatical context, than "We the People" did (see my blog). Mr. Peebles also has Congress, Article I, the big Magilla. Poor Richard knew that Magilla was not supposed to be for sale, but there was always that risk. I am not for sale, and I have real solutions.
Guess who became Article III.
Totoware, Alpha Release
Your "Police Reform" Legislation Won't Work Without It
July 27, 2020: I filed for US Senate in Kansas on June 1 and Minnesota on June 2. Such a decision was on my life’s radar as much as hitting the ground at 150mph, which is what the radar track showed from the NTSB. The track is on my blog at john4midwest.com, with quite a lot more. Too much, I know. Life holds surprises that can sometimes be complicated – like walking.
To say I was surprised – a few weeks after I awoke from a two-week medical coma, six surgeries, excruciating pain and a very loud prayer, “Please, God!” with a final request – when lawyers from Minnesota sent me an email, is an understatement. They think they’re “tough,” lawyers do, with their friends in robes for 36 years. I showed them a link to the Mayo Clinic’s description of “neuropathic pain.” (This is all on the public record in federal court, link down the page.) The chief of the Santa Fe rescue teams wrote me, “Your Angel had to have protected you during that long off road Ambulance journey. … I remember talking with other firefighters while we were changing my tire and freezing our behinds off, how you were able to survive receiving a direct hit from those freezing winds for as long as you did. I think there is only one reason.” (Our emails are in my blog.)
I decided to file my Senate candidacies after I saw the knee on George Floyd on May 25. He was a lot tougher than I. I had a hundred rescuers searching for me. I saw rescue lights in the distance, and I had prayer. I had miracle docs, nurses, and techs putting me back together and caring for me, and many more than one angel on my side. I was intubated and on a respirator, and I could breathe. Mr. Floyd had only his last gasps for air. I don't think a mind can focus on prayer while the body gasps for air. Mr. Daniel Shaver in Arizona had only his pleas while sobbing and prone on the floor. Their little daughters don’t have their daddies. Mine does.
The problem is the courts. I saw the writing on the wall, starting last February 10 in a Hennepin County court. It was astonishing. You can write all the “police reform” legislation you want. It won’t matter with dysfunctional/non-functional courts in the pockets of lawyers. It’s the Dues Process, the money flow. See my blog. The root cause of Mr. Floyd’s death was Minnesota courts. I saw additional astonishing words in Hennepin in March. Then astonishing words from the Minnesota Court of Appeals on April 7.
I’ve been designing and troubleshooting electronic hardware for decades. All of science and engineering involves making predictions – probability and statistics. Computer modeling is an essential tool. I’m lucky to have had interesting jobs. Predicting whether a big laser could shoot down a missile. Predicting error rates in data communications. Predicting satellite positions in low earth orbits or station-keeping, predicting what image would show up on a fighter-jet’s cockpit display, predicting how tiny structures would etch on semiconductor wafers. Predictions boil down to tossing a coin over and over. If it’s a mathematically “fair” coin, heads and tails have equal chance. Mr. Floyd and Mr. Shaver didn’t stand a chance. I had all the luck and many angels, too. I’ve thought about this and still do. In 2016, I shed tears for Mr. Shaver and his little girls and have done so for Mr. Floyd and his daughter. Mr. Shaver’s luck ran out well before my 2018 accident and also before President Trump took office. He did not cause either Mr. Shaver’s death or Mr. Floyd’s death. Courts enforce the law on law enforcement. They are the root cause of Mr. Floyd’s death and what triggered the rioting around the world and disaster zones in Minneapolis.
Making predictions on science and engineering jobs is fun. After I read the astonishing words from the Minnesota Court of Appeals on April 7, I did something not fun. I wrote an April 15 petition to the Minnesota Supreme Court. I saw the writing on the wall. I didn’t need a computer model. I wrote that Hennepin County courts and the Minnesota Court of Appeals consider a “judge[‘s] pure arbitrariness, as from countries run by military regimes,” okay. “The mere unreasoned 'belief' of a judge, as a valid exercise of discretion,” is just fine. I put the State papers on the Minneapolis federal docket on May 18. Arbitrariness is how despots make rulings. “Just because I say so.” That’s Hennepin.
I wish my prediction had been wrong. I wish Mr. Floyd were alive with his daughter. But Minnesota courts give judges blank-check “discretion.” They make that clear in their orders. Blank-check "discretion" is unlawful; discretion always has limits. This blank check is telegraphed to police, obviously. Police pay attention. Police with integrity know better. Others don’t.
I consolidated my State court records on the Minneapolis federal-court docket because I wanted those records to be in one easy-to-access place, so people could see a military regime at work. It’s Document 8-1 in Berman v. Segal. One week later Mr. Floyd was dead.
In my blog on June 10, I wrote: “Google-search these words: torturer's horse innocent behind. It's real short and really important. … The poem was written in 1938, about the rise of dictators, while life just went on.” W. H. Auden was making a prediction.
I wasn’t predicting any particular scale of catastrophe. But arbitrariness is easy to recognize: “just because I say so.” That’s how despots give orders. I know first hand that when courts fail, bad cops take the cue. When the bodycam and the written report show two completely different things, you know courts have failed. Bad cops have unlimited “discretion” and abuse it. Like a knee on a neck. However, I have never seen such blatant failure, flagrant cronyism, and “anything goes” “discretion,” as in Minnesota courts.
I’m filing a motion in Minneapolis federal court today, where there is a “self-styled” view of the law from a federal judge, Donovan W. Frank. Due Process does not exist for Judge Frank and his Magistrate. My complaint’s statement of jurisdiction was: “This action arises under 42 U.S.C. §1983; under the due process rights provided by the First and Fourteenth Amendments to the United States Constitution.” It’s a sample input in the software, below. Seems everyone knows everyone among Minneapolis judges and lawyers. Here is a part of my motion, but written in the Python language.
x = input("Input your Statement of Jurisdiction.")
#Type sample input: This action arises under 42 U.S.C. §1983; under the due process rights provided by the First and Fourteenth Amendments to the United States Constitution
keywords = ["due process", "equal protection", "extra mozzarella","SS-396 chevelle"]
for z in keywords:
if z in x:
sys.exit("It seems you may not have a question of federal or Constitutional law.")
print("Got it. A federal question.")
if z == "extra mozzarella":
yum = input("State-run cafeteria? Deep dish and calzones on menu?")
elif z == "SS-396 chevelle":
vroom = input("What year? All years were great, just curious.")
# if decode_arg(func_PACER_pdf_ocr_cellpic2text) == 1:
#ord = order_text("0:20-cv-01199-DWF-DTS, DOCUMENT 16")
ord="Order does not mention the basis of jurisdiction."#test case
if z in ord:
print("The order mentioned the basis of jurisdiction. First test passed.")
sys.exit("The order did not mention the basis of jurisdiction. Refer to Senate judiciary subcommittee on impeachment for further analysis.")
You can copy and paste it into a text file and run it in a Mac terminal window by typing: Python (the filename). I think a Windows terminal requires some Python add-on. It’s Totoware, alpha release (see my blog, What would Auntie Em have said? Gale v. Gulch, In Re Toto II). Minnesota courts have jurisdiction over Oz and for good reason.
There is no Constitutional right to a drivers license, but "In such cases the licenses are not to be taken away without that procedural due process required by the Fourteenth Amendment.” (Bell v. Burson (1971).) And “when a State opts to act in a field where its action has significant discretionary elements, it must nonetheless act … in accord with the Due Process Clause.” (Evitts v. Lucey (1985.) “But this Court now has rejected the concept that constitutional rights turn upon whether a governmental benefit is characterized as a "right" or as a "privilege.” (Graham v. Richardson (1971).)
There is no Constitutional right to a $1200 check, either (this is an example; my case is not about a $1200 check). But Due Process applies everywhere a government acts in the U.S. Except in Minneapolis courts and reviewing courts, apparently.
Though I cited Evitts (Lucey and Ethyl and Ricky too) to the Minneapolis federal court (and the Minnesota State courts) those judges ignored it or didn’t understand that this country requires Due Process in a government’s granting or revocation of privileges, not just rights. I’ll have to explain that to them again today in a motion. You know what the answer will be, of course. As I wrote (in Document 14, p. 20 in the federal court), a Minnesota judge will do whatever’s necessary “to get his pals off the hook.” I think the people of Minnesota should know this. I think they are good people and would see that it’s contrary to law and also wrong otherwise.
This extreme cronyism was the arbitrary writing on the wall of the Hennepin military regime (certified by the appellate court) that I referenced on April 15, six weeks before Mr. Floyd was deprived of his right to oxygen. The cronyism apparently extends to Minneapolis federal judges, not surprisingly. That was easy to predict.
Congress decides what’s impeachable. “Abuse of power” is impeachable. The recent impeachment and trial showed that. President Trump was tough enough to stick through it. Many people don’t like him, obviously. He should be credited with, among other things, getting Congress to demonstrate that “abuse of power” is impeachable. (He didn’t abuse his power, and anyone who has tried to get a controlled experiment to work in a lab should realize that; I’ll explain another time.) Democracy was not supposed to be pretty. A knee on a neck is ugly.
“Abuse of discretion” is abuse of power. When the abuse is extreme, Congress can decide it is impeachable. Same with legislatures. The courts are the problem.
Open-source software - reviewed and certified by Congress - transmits “the intent of Congress.” That intent can include holding judges to account for decisions that ignore their own case law - and statute, of course. The software is Congress “holding to account … the independence of the judiciary.” Anthony Kennedy said so, and I agree. The software can save $500MIL in Minneapolis disaster zones, plus lives, plus little daughters’ and sons’ heartbreak. It’s simple to write and it’s cheap.
The Courts Have Failed. The Government Cannot Function Without Its Third Principal Component. Technology Can Fix This Quickly, Easily, Constitutionally.
(Reproduced with permission from the Duluth News Tribune, July 23, 2020.)
I filed as a U.S. Senate candidate on June 1 in Kansas and on June 2 in Minnesota. I had decided to file just a few days before that. I decided after I saw the knee on George Floyd’s neck. My interest is in the Midwest.
Minneapolis has disaster areas within it, regardless of whether FEMA designates them.
It’s a good idea to ask whether the same old political sloganeering and policies hold any real solution. I believe they don’t.
I saw the knee on Mr. Floyd’s neck while I was writing an objection for filing in Minneapolis federal court. Last April 7, I had read astonishing words from the Minnesota Court of Appeals. I decided to file a petition with the Minnesota Supreme Court one week later. I wrote, “The appellate court’s affirmation of the mere unreasoned 'belief' of a judge, as a valid exercise of discretion, defines pure arbitrariness, as from countries run by military regimes."
It’s on the public record under Berman v. Segal. Minnesota courts have a completely wrong and distorted view of what a judge’s “discretion” means. It has led to unconstitutional decisions by Minnesota courts, violating civil rights.
The cop’s “discretion” led to his knee on Mr. Floyd, violating his civil rights.
Courts enforce the law on law enforcement. There’s an important connection there, and it made me decide to file as a Senate candidate.
Minnesota courts, including in Hennepin County, have big problems. I don't know about other Minnesota counties. I know that Minnesotans are good people, but they don’t realize the big problems with their courts.
Problems also stem from federal courts. The federal courts have failed. They were bound to fail because Article III (the court section) of the Constitution could not scale-up from 1789. I’m an engineer, and engineers think about scaling laws.
The great thing about President Donald Trump’s impeachment and trial was that it showed clearly — if you weren’t aware of this already — that Congress decides what is an impeachable offense. And the only thing that impeaches Congress is the lever behind the curtain in the voting booth. Lawyers and professors don’t decide. Courts don’t decide.
The same goes for impeachable offenses for judges. Congress, legislatures, and then the levers behind voting curtains are what decide.
(The above reproduced with permission from the Duluth News Tribune.)
Engineers must deal with Reality √#1
August 1, 2020: (Note: I invite you to click on the blog image at the top here to get to my blog.) This is the first John "reality check" of a series. Scientists and engineers make reality checks constantly. When there's an equation in front of you, you automatically look at critical points. You automatically look at points where the equation instantly simplifies because some blob of variables and constants turns to 0 or 1 or sometimes to something like π - that's the PI that you use when there's a circle. This is 8th grade algebra or maybe 10th grade algebra II, and I'm assuming that if you've read down this far on the page, you remember some of that. Oh yeah, and somewhere in those algebras, you learn to "let a variable go to infinity" (∞) or minus infinity (-∞), and that can sometimes simplify a blob, so you can see whether the equation makes sense in reality, even though "infinity" is a little dicey when you talk about reality. But if you get far enough away from something, it's as good as infinity. Simplifying blobs is important.
Just recently, I encountered a situation where a lawyer pointed to a sworn declaration by his client (C), which stated that C was not at some place (P) at particular time (T), and had no idea who I was and knew nothing about me, prior to the court case. At the same time, the lawyer has also claimed that C had a 1st Amendment right to speak to police concerning supposed events that supposedly happened concerning me. Put another way, C swears under oath that it was physically impossible that she could have ever spoken about something because she knew nothing about it, but the lawyer says she had harm stemming from her speaking. This may sound like a blob to you, and you are right. I'll write down the equation for this soon.
And oh, this physically-impossible harm is something about which C can take action, according to a young judge who chit-chats with the lawyer about personal stuff and went to school with the lawyer. But if Congress or a legislature passes a law that makes it illegal to do something that you and lots of people have been doing with no harm to anyone, someone needs to get arrested or have some other actual harm in order to challenge the law in court. I've been sending updates to that State's legislature letting them know what baloney the courts turn their laws into. Congress and legislatures can hold courts to account for their baloney. I'm already trying to do that. It's costing me a lot, but I'm not going to let them get away with baloney - at least not in private. As I describe in my blogs, Americans and our allies have gone off to war and suffered and died for principles that are supposed to make sense and not get turned into baloney. You want someone who will call the baloney for what it is, and put it to baloney-makers? I'm your guy.
Oh, and I want to emphasize that when you see a π in an equation, it's a good bet that there's something spinning around in a circle (like the world to the fool on the hill; or the world to those in an airplane that has gone into a spin) or something going in an orbit, like a rocket around the earth, or the earth going around the sun, or an electron going around a nucleus.
If you go to my blog and read my letter to Boeing, I think I quote from the draft memo the NTSB investigators sent me for correction (I'll double check). It was a long memo, and they thanked me afterwards for a "great interview." I gave them everything I had, and I even discovered, on my cellphone, data from the flight track app, which showed me going to the Liberal, KS big Walmart and then to the Neighborhood Walmart grocery because I thought that Great Value 1% Chocolate Milk gallons might be cheaper at the Neighborhood store. I snoozed in the Bronco in the Walmart lot, and I saw Dorothy's House in the distance across the lot. I've thought about that thousands of times since, and that - had I gone to see Dorothy - I might have then decided that I was tired and cold and should have gone to Motel 6 for a hot shower and good sleep, instead of crashing. I'll post the whole flight track for you over the weekend.
"Memorandum of Conversation: Mr. Berman stated that after the airplane encountered IMC, he recalled seeing a 1 ft diameter gelatinous form of supercooled liquid on the windshield. The gelatinous form crystallized right in front of his eyes and across whole windshield within 2-3 seconds. Additionally, immediately after the windshield had iced over the airplane nosed over into a "real steep dive". Mr. Berman increased engine power and recovered the airplane into level flight after descending 500-1,000 ft. He does not believe the airframe experienced asymmetrical icing, which would likely have resulted in an unrecoverable spin. After recovering from the dive, he told the controller, 'declaring icing emergency,' and that he could not maintain altitude."
When you write π in an equation on paper or on a blackboard or whiteboard, something is usually spinning 'round. I could not have recovered from a spin at all - let alone in enough time - with less than 1500' between me and mountain tops. I would have bought the π and PI and pie and the farm and everything else. I describe in my letter to Boeing what the AI (attitude indicator) needle looks like full down - at night, and my knowing there's ice on the wings. I've thought about what the world would have looked like while I was spinning 'round, after I saw the needle full down; and never had been able to tell anyone. I'm telling you there is more baloney than you can imagine, and it killed George Floyd and Mr. Shaver, and it is debasing and hurting our country. And it can change quickly, easily, and Constitutionally.
And speaking of π, my daughter and I have bought lots of those little Walmart 50 cent pies since then. Mr. Floyd's and Mr. Shaver's daughters can't do that with their daddies. That's no baloney. It's an ongoing, unnecessary tragedy whose root cause is the courts. It can be stopped.
Totoware Example in Minneapolis Federal Court
August 2, 2020: I filed a Totoware example on Friday in Minneapolis federal court. (Minneapolis was where George Floyd was killed; I say this because there are international visitors to this site.) Ok, I didn't exactly file Totoware in court. I didn't mention Totoware in my filing, but here's an annotated version of my filing, containing lines of Totoware Python code from my tiny, bonehead Totoware Alpha Release, above. My hope is that the young software Aces of the world will take it and run with it open-source (and I'll have a framework shortly), and give it their smarts and creativity and show how to corner and squeeze-out corruption in U.S courts; and maybe elsewhere, I also hope. This will allow "police reform" legislation to actually be applied according to "the intent of Congress" and State legislatures and not get mangled by unlimited "discretion" (and other unlawful "errors of law") from judges. By the way, the law is supposed to be a machine - totally objective - outputting the same result for the same inputs. "Discretion" is within a well-controlled range and must always have a reason, at a minimum, but should really be required to be accompanied by a showing of some reasoning. This and the rest of the law isn't just for grins - though a great many judges think it is (I'll give you some doozies of examples soon). It's what's supposed to make us different from the Lipoplasm (lipidinous protoplasm) north of Seoul. You know, where Otto's appeal is still pending. (This is all in my blog.)
As I wrote at the bottom of page 3 to the Minneapolis federal court: "If a driver license is revoked because an official simply says, 'I believe you can’t drive,' it does not matter how much notice and hearing are given; a neutral arbiter cannot be a despot making arbitrary decisions." I should have put "neutral arbiter" in quotation marks. Purely arbitrary decisions - such as what I saw in Hennepin and what were stamped with approval by Minnesota reviewing courts - are the same as from the Lipoplasm. The penalty phase is considerably different here, but pure arbitrariness = pure arbitrariness, regardless of where it occurs.
Obviously I wrote the Alpha Release for the "due process" in the Statement of Jurisdiction in my case. But that doesn't detract from the general principles at work, and certainly due process is - or was meant to be - applied very widely, essentially everywhere, and obviously to access to the courts and driver licenses and anywhere a State offers something, regardless of whether it's called a "right" or a "benefit." That's plain as day from the U.S. Sup. Ct, as I wrote above in Totoware Alpha Release. And it's in my court filing here:
A state can't act arbitrarily, which means "just because I say so," the way the Hennepin County judge acted; and which Minnesota reviewing courts said was just fine; and which prompted me to write that Hennepin is a "military regime' and an accident waiting to happen; and prompted me to put this all in federal court where it can be seen more easily and over which federal courts have jurisdiction. If the state does act arbitrarily, it's unfair and by definition a due process violation. If people are grouped as a class for unfair treatment, it opens up "equal protection." Any hard-sci engineer can easily understand these concepts and diagram them out. Software engineers conceptualize and code-up stuff - in their sleep - far more complicated than these rules that judges get wrong all the time, often because they are bailing out their buds. This is word problem stuff, like 8th grade algebra.
Open source software would be submitted to Congress for review, testing (only needed if Congress were not in the loop during testing, but I don't see why it couldn't be), and approval. And if I were there, you can bet I would push harder than anyone to get this process in place and fast. Congress can do this because - like everyone else - Congress has the right to speak about the job the courts are doing. Congress is making known its intent. My preference is engineering, far more so than - hold my nose - "politics," but I have personal reasons for doing this (read my blog), and you won't find anyone more committed to it and harder-working for it.
My example, above, (my case) addresses a large class of cases in which federal courts get around doing their job. A beta release of Totoware covering due process, alone, would cover a lot of useful ground. Cases of real due-process violations are thrown out all the time by federal courts. This would get the courts in line and make "police reform" and other legislation actually effective, because Congress has say over whether judges are doing their jobs and whether they need to go. And voters have the final say over Congress. That is something you can bet I'd never forget.
I'm talking here to the software Aces of the world (of which I am not one; I'm a hardware engineer who does software as needed for hardware bring-up and debug). I'm not talking to the lawyers, though of course they are welcome to state their point of view because a real engineering environment has genuine free speech - save for disasters like Challenger. But the lawyers should remember: this is an engineering approach, where reality counts 100% of the time. Not legalgoop disassociated from reality.
Letter to Wichita Eagle (July 30, 2020)
If you are still undecided on whom to cast your vote for - for specific solutions to some big problems and big Midwest-specific problems, presented and fought-for aggressively and compellingly in the U.S. Senate - I ask you to take a look at John4Midwest.com. And if you are decided, I also ask you to take a look. Moving in the right direction is the most important thing, regardless of who is advocating for the Midwest. You won’t find platitudes and recycled platitudes (platititudes) moving you nowhere on my website. Yes, it's wordy, but you’ll find the specific framework to hold courts to account for their privilege of independence, which they have abused catastrophically. Holding courts to account is crucial to everything. Non-functional courts are the root cause of George Floyd’s death and of the destruction that has followed and much more. Don’t get faked-out by the flowery stuff. Look for the root cause.
The Midwest’s in the middle, but it doesn’t get the better half, not by a long shot. It has gotten the shaft for a long time, and a concerted Midwest strategy is the solution. The first two big steps are holding the courts to account; and reorienting Congress - physically - towards the Midwest, Kansas specifically. It’s at John4Midwest.com. This reorientation will benefit the entire U.S. ultimately because concentration of power is always bad news eventually. We’ve had bad news for a long time, with D.C. at the center.
Congress is the big Magilla, and you – Mr. and Ms. Peebles (formerly known as We the People) – are his owner. Magilla was not supposed to be for sale, and I sure am not for sale. If you want the professional and bankrolled politicians, you know where to look. If you want well-considered, novel and effective solutions with low risk, look here. You will not find a better advocate for you. You pull the lever in the voting booth. Reassert your leverage over Magilla.
US Senate candidate, Kansas and Minnesota
Some Other Questions/Answers
1) Kansas' Aviation Industry: I know a LOT about aviation and the industry (and a particular Cessna C177B), in addition to the one pound+ of titanium and cobalt chrome in me. Though I never took the FAA Powerplant exam I had planned (of the A&P rating) I have all my "sign-offs" for Powerplant and virtually all for "General." For various reasons mainly of time (and plus I bought my former - now crashed - Velocity XL-RG, an experimental, so the need for my A&P went on the back burner), I didn't get it. Now is not the best time for me to go finish it. I understand a lot about aviation and have a very unusual and valuable perspective. I know that I'm far more qualified to be on Boeing's Board than many there (see my blog and letter to Boeing), and more qualified than Calhoun to run it (and most any working engineer would be) because, among other reasons, I would never try to foist fault on a predecessor when I had been on the Board for 10 years...and then, in addition, try to "walk back" such a gaff. Engineers are not stupid - and are, in fact, one of the bedrocks of civilization - and you don't keep good engineers by setting a prime example of blame-shifting.
Mirror in the Sky.......
What is a landslide? Here's one version:
August 4, 2020: If you can zoom your browser in on the table, those numbers are from the Wiki on the votes Mr. Bloomberg won by spending a billion (you can check the Wiki to see if the numbers I grabbed have any big errors)... $500/vote. For me, Kansas filing fee = $1760, Minnesota fee = $400, the rest added another $600 or $700 at the outside - airfare, Motel 6, car rental...and I had a deluxe pizza delivered to Motel 6 in Topeka, so I'd better check with the Fed. Election Commission to see if I might have a problem with exorbitant spending. So, had I gotten only 5 votes, my cost per vote would have still been a bit greater than that of Mr. Bloomberg. My speculative hope was for 6 votes, and I would then have edged out Mr. Bloomie in overall vote-getting efficiency by going under $500/vote. Right now I see 770 votes, and I'm thinking that maybe you confused me with some other John Berman...like John D. Berman (https://web.ma.utexas.edu/users/jberman/) who is a postdoc mathematics fellow at University of Texas, Austin. This kid (young man) won the gold medal one year in the International Mathematics (high school) Olympiad - something I certainly could not have done when I was in high school - or now. So I'm honored if you confused me with that remarkable "John Berman."
I will keep pushing forward with these ideas/solutions and more. You all have flabbergasted me. Truly. Even had I gotten zero votes (and I wasn't counting that out at all), I would still have kept pushing just as hard as I will now. But I will have a remarkable wind at my back thanks to your votes. Although I'm absolutely and hugely honored (small "h") by your votes, this is all to Honor (large "H") the memories of Mr. Floyd and Mr. Shaver and the lives of their kids and families going forward; AND any others you want to include for whatever reason who lost their lives in whatever way it happened. I was given a second life when all the odds were against me, and I was moved to file these candidacies by seeing some lives lost in particularly appalling ways, as well as having seen the writing on the wall in Hennepin. This country can be much better, and technology can cut through the baloney to some real solutions; and you all have truly inspired me that these ideas can be realized. The ideas and viable solutions are what matter most, and then getting them passed in Congress and legislatures and tested out and tuned up and making this a better country. And though technology holds wondrous promise and solutions, the solid Midwest values and insights and work ethic from my friends over decades (and a some relatives too) have been an equal wonder in my life.
I'll keep adding my entries here, for sure, so please keep checking back. I'll also add an email notification signup, as soon as I find where the built-in website function is, among the options, and where to put it. (I'd need to have it automated since there will surely be a tidal wave of everything flooding in because of my $/vote overall-efficiency landslide - at least with respect to Mr. Bloomberg. I'll invert it to votes/$, so more is better: Bloomie ~ .002; JB ~ .294). Right now, in honor of Mr. Bloomberg, I'm going to exercise my right to Slurp and find the largest cup I can at the 7-11.
August 6, 2020: It’s technology, Baby, said Tele Savalas, the telecom hardware engineer. Optical systems guy. He also played a Fender Tele in his off hours. Tele had a micro array of phase conjugate mirrors etched into the substrate covering his skull. Way a-head of his time. His hobby was catching bad guys.
A phase conjugate mirror reflects light back in the direction it came from, no matter what angle it hits the mirror (within certain constraints, but never mind those). So when bad guys would shine their flashlights or other directed-energy beams at Tele, his skull would send the beam right back at 'em and temporarily blind them or sometimes more. Who loves ya, baby? They didn’t know because they were blinded by the light. No revving deuce or runner in the night, but Tele had them cuffed in a jiffy.
I'm not one those techno-evangelist types, for whom everything is possible within the hour, but I am a very strong believer in the triumph - over time - of tech over bad guys - including those very tricky viruses. And viruses are really tricky bad-boys, for sure. There have been some really interesting discussions about two suspect viral strains, possibly with a Bavarian connection; and how one or both might have migrated to Italy. If you need reinforcement of your sense of the tricky probabilities involved, read some of the virology discussion boards. And simply reading virology discussion boards, with comments coming from around the world, together with genome sequencing and more, is technology not dreamt of even a hundred years ago.
As I wrote in my blog (and can't find right now), one bad mutation can ruin your whole millennium. So, as bad as things are, they could be a lot worse and become a lot worse - at least from where we are right now, sorry to say. That does not mean I'm not hopeful, though. And also following a more informed discussion than Fauci good/Fauci bad is worth doing. Those who are using the standard playbook - especially politicians slogging through the slogans - are making a mistake. The "right" solution is frequently not the apparently-easiest solution, don't ya know. And it gets even trickier when the "standard" for cause-of-death from one city or region to another - and from one country to another - varies drastically. So I've dodged the "Covid solution" question once already, and I'll do it again for now. I'll have more to say soon on Covid, but the reality is we're still dealing with too many unknowns to make any really good predictions. This is hardly a time to run for a decision-making position if you want people to like you. I've had to learn a bunch of things the hard way. The likelihood of being liked is never high when there's a hard problem, with death in the equation. Sorry again. I will say that is its unlikely the economy will "bounce back" to where it was. Sorry yet again. I do know something personally about trying to bounce back and make the best of a difficult situation - like walking and more. Striving for objectivity and understanding that objectivity is really hard to come close to - and might give you an answer you don't like - are among life's hardest lessons. Hardware engineers know a great deal about striving for objectivity because you can't patch hardware, in most all important modern cases. The old joke is: that's why they call it hard—ware. But make no mistake, as I've written here, software Aces are coequal kingpins in tech too. And I'll be depending on them to take Totoware to the limit - the good limit.
BTW, Bo Jackson had the phase-conjugate mirror's mechanical analog on his glove in left field when he pegged Harold Reynolds at home. Some people think that Bo had a tennis racket with perfectly elastic strings, but that’s ridiculous. Even if he had had one, he still would have had to get the aim right-on to send the ball straight back to home; and no one could do that. In order to field and make that throw, he needed a mechanical phase conjugator. Just like with an phase conjugate mirror, a mechanical phase conjugator sends a baseball straight back from where it came, no matter from what direction it hits the glove. So that line drive to left hit Bo's glove and traveled right back to home. Bo certainly had remarkable athletic accomplishments, but fielding and pegging that throw would have been superhuman without a mechanical phase conjugator. Bo undoubtedly knows nonlinear optics and its mechanical analog. See how he was hiding the apparatus under his arm?
I sat down and wrote you a long letter: Whaddaya say? Tina and Amy? C'mon now, whaddaya say? (Part 1)
August 8, 2020: Actually I wrote Tina and Amy twice by email - both simultaneously and identically by cc-ing them and about a half-dozen staffers. It actually wasn't a very long a letter, but I had written some other people previously and had forwarded what I had written to Tina and Amy and staffers. I got an auto-return response from one of them. That's all good. I'm pretty sure some people on their staffs saw the letter. I sent a short follow-up four days later. I think it was a very important letter. If I represented you, I'd write some Python code to scan my emails for critical words, such as were in the emails I sent to Tina and Amy. That would almost assure that I wouldn't miss critical emails.
I think others - those who read my site and blog and also others, who are Minnesota voters but don't read me, not yet anyway - will probably think my email was important. I'll show you the letter very soon, in Part 2 and I'm trying for posting both parts today.
Sorry to say, Tina and Amy, you failed. By all appearances, you are phonies on a very important issue you claim to champion and have leveled harsh criticism about, especially towards DJT and people associated with him. Of course it concerns DJT, because everyone holds him responsible for everything, when he clearly is not. I'm not saying DJT is perfect, of course. Those who support him know full well that he's anything but perfect and far from it. But that's one of the very important things about DJT. He got to the White House not as a friend of General Powell and others for decades in D.C. I made that obvious point and other points in my letter to Gen. Powell in my blog. DJT's making it to the White House was an important event, regardless of what people think of it and whatever suspicions they have about how he did it.
As should be obvious to anyone who has read down this far on my site, DJT is not at all the biggest "problem" - to the extent that he's even a real problem. The courts are the real problem, and the legal monopoly - the Dues Process - in particular is the root cause of the subversion of anything remotely called "justice." The country cannot function properly with a court system the way ours is today. It is the single biggest problem, and its corrosive effects have destroyed much more than meets the eye. But the courts are, relatively easily, brought into line - using actual technology. Not just ECF-PACER - the federal electronic filing and document retrieval system, which is definitely important - as one bigwig lamely fell back on when he testified to Congress. Technology can and should do much more than just file and retrieve documents in a court system, as I've outlined with Judge Puty and Totoware. Had they been in place and the court system not been out of control, I strongly believe that George Floyd would be alive and playing with his daughter now.
In any event, of course DJT is far from perfect, and a great many people obviously have extreme antipathy towards him. But they are no way near objective about him. "Objectivity" is a subjective thing because objectivity is impossible in the pure sense, of course. Judge Posner wrote: "Recognizing the inherently subjective character of this ostensibly objective test." There are things I've disagreed about with Posner (and one thing that he supposedly said, not in a court opinion, was downright stupid), but he nailed that one, and he's nailed other things. He was the hardest working appellate judge I've come across (though in fairness, I've never made an exhaustive review of judges; a random sampling is all one really needs to make in order to see the big problems), which was clear to me just by searching on the 7th Circuit's website, which at the time had an actually-useful search function. That and the D.C. Circuit were the two sites with actually-useful search functions. I once wrote a little comment in the "How are we doing" feedback box to the 9th Circuit, concerning their touting their "advanced search" functions. It was nothing, just a piddly basic search, at least at the time. Maybe things have changed. I've been studying, as a sideline, the court system for some time. It's basically awful.
Anyway, I've sidetracked myself again. DJT does respond to nearly everything, it seems - while Tina and Amy do not - and that also creates big problems for DJT. And he even muses over that Twit-thing and makes his musings public, which is really bad, and I wrote early on here that he should deep-six that Twit-thing. Here's another, more direct and immediate suggestion for DJT about that Twit-thing or things. It concerns my truck, but any truck will do and most cars will.
Then forward and reverse several times.
I did a test on Tina and Amy. I emailed others too. All failed, so you shouldn't feel so bad, Tina and Amy, if you will in fact feel bad or even pay attention. But I think my test was a success. That's how tests work most of the time. There's usually some good info, even if there's some failure, and there's usually some failure. That's why failure isn't all bad. Not at all. That's how you really learn. Remember, I'm a hardware engineer. I do tests by instinct and training over decades. Can't help it. Chicks test guys all the time, so we're even. Not that Tina or Amy ever tested me or anything, but it's a human race "gestalt" thing, to sound like a freshman - chicks and guys.
There was a girl in my 9th grade French class - wasn't my type, so there wasn't that factor. Nearly every day from her: "Is this going to be on the test? Will this count toward our final grade?" Every guy eventually figures out with chicks that everything's on the test, and it all counts toward your final grade. You don't realize that in high school or much of college; at least I didn't. Now, don't get me wrong. I think chicks are incredible creations. God's true gift to guys. In fact, I was told over the years that I'm way too much of a gentleman, not aggressive enough. You know, nice guys finish last sort of thing. I just said, to my best guy friends, big deal. I'm okay with that. I need mutuality. You see, it's not just fundamental drive, pant-pant etc. with me - which is totally a part of me, for sure, and I've made jokes about that to an extent with my guy friends, the way all guys do whether they admit it or not (and there was a joke about me that started in 8th grade, not appropriate here, which was really funny), but I always put chicks on a pedestal as wondrous creatures - physically and the way they thought, verbally. They figure out how to talk earlier than guys do - decades earlier. They were always a beautiful mystery. It was frustrating and more at times, for sure, but the reward was worth it. I've written songs about it. One was, "The Sensitive Male Rag." I'll post a recording of it on here, as soon as I can locate it in my archives. And this relates to Tina and Amy and their supposedly "staunch championing" of women against degradations, blah-de-blah. Because when presented with an actual case - silence from Tina and Amy.
In my book - and in real life - I've written some letters. Here's a paragraph from one. I wrote it to a U.S. politician:
Dear Mr. H, I am writing you about your political problem and political future. I am cc’ing certain other people, and I will explain why shortly about a few of them. I won’t explain about every one of the cc’d, but I’ll list them and their titles. It should be clear eventually why I am cc’ing them. I am trying to keep this letter as brief as I can, but sometimes you just have to, as Gregg Allman growled, sit down and write a long letter. I am secondarily addressing this to Mr. D.
I mentioned I have friends and such in Ukraine. Here's a translation for my book. Same U.S. politician, though:
УважаемыйГ-нХ., Я пишу Вам о Вашей политической проблеме и о политическом будущем. Я отправляю копию этого письма определенным другим людям, и о некоторых из них я объясню коротко почему . Я не буду объяснять о каждом из вторичных получателей , но я перечислю их и их имена .Со временем должно стать ясно почему я отправляю им копии. Я стараюсь написать это письмо как можно более кратко , но иногда Вы просто должны , как Грегг Оллман сетовал, сесть и написать длинное письмо. Я вторично обращаюсь к Г-ну Д.
I have friends in France, too.
Cher Mr H., je vous écris concernant votre problème politique et votre avenir politique. Je mets en copie certaines autres personnes et j’expliquerai brièvement pourquoi, pour certaines d’entre elles. Je ne donnerai pas d’explication pour chacune des personnes en copie mais j’en ferai une liste avec leurs titres. La raison pour laquelle elles sont en copie devrait au bout du compte être claire. J’ essaie de faire une lettre aussi courte que possible mais parfois, il faut, comme Gregg Allman qui grognait, s’asseoir et écrire une longue lettre. J’adresserai ensuite celle-ci à Mr D.
My mom seemed to know everybody. Her work in life was to try to make people happy. I think she left her master's program in social work, early, at a Welsh-named college in the constellation of Philly. She wanted so much to go to Appalachia to help kids, she told me. That's what she did. She helped people and wanted them to be happy. I largely got into this mess by taking care of my mom. Sometimes you gotta do whatcha gotta do.
Here's a friend from France. She's the daughter of a fellow who was my mom's boyfriend in college, for a time. She calls us cousins. We're not kissing cousins or nuttin'. Just friends. We knew each other pretty well when we were 19 or 20. And somewhat when we were 13 or 14.
Sorry for answering you so late. This is my address mail at work (I don’t have internet at home for the moment). I was so surprised when I read your message. Your mail made me remember my trip in The US. I was 19 years old…. I called my father (he is 96 years old). He remembers your mother Bella very well. He told me he danced so many times with her at the International House at the University of Philadelphia. He was happy to remember this good time. Your plane crash is terrible but fortunately you’re alive. I live near Montpellier in the countryside (about 40 km from Montpellier) but I come every day to Montpellier for my work (except the WE !) I work for XXXXXXXXXXXXXX. I think you know this firm.. Let me know when you plan to come to Montpellier. I will be very happy to see you and have lunch with you. And if you want to stay a few days in Montpellier, you can come at home. Here is my mobile : xxxxxxxxxxxxxxxxxxx I don’t speak English very well now. It’s easier for me to write or to read it. Looking forward your coming, Kisses Xxxxxxxxxx
Her last name is Italian - "i" on the end. Her dad was born in Paris to Italian parents. The year after he was born, the French changed their laws to make birth in France a citizenship right. (He was telling me this when I visited him last year.) He tried a long time to get French citizenship. (This is not a comment on U.S birth citizenship or any of that; I'm just telling you what I heard.) He finally got his French citizenship. This conversation was last year. I remember when I stayed with them in Paris in 1977, when he and I were talking at the breakfast table, I asked him about his Italian last name. I don't remember exactly what he said, but he finished with, "But I am definitely French." His head was high and resolute. I smiled and said, "I can tell." He laughed.
Last year when I visited him, he told me how the U.S. Selective Service (or whatever it was called in the 1940's) contacted him at the Univ. of Pennsylvania. They wanted him to serve in our armed forces. He said he asked only one thing: that they not send him to fight his countrymen. He told me, "Because I speak three languages, they assigned me to translate for a guy named Patton." I had been listening closely, but then I leaned a lot closer. He went on to tell me how he had made an emergency landing of an airplane on a beach. I showed him pics of my airplane.
His whole story was riveting. I didn't video it because I was so riveted, and it wouldn't have been good form anyway. Turns out, that some decades ago, he had been interviewed for a local Paris TV show about war stories. His recollections were the same, so it seems that what I heard wasn't the product brain changes at 96. I've wanted to go back and video him in English, because his descriptions in English were so great, but Covid got in the way, as well as my dwindling resources. My hope is to get to interview him in English before it's too late, but his kids will send me the French version, which I'll subtitle and post, after proper permission.
This is all relevant to my letter to Tina and Amy. I'll return with Part 2 shortly, and my letter to Tina and Amy.
I sat down and wrote you a long letter, Tina and Amy. (Part 2) ...and you went shopping instead.
August 9, 2020: With only a little bit of further ado before I show you my letter to Tina and Amy, I'll say that I know how to write in the Indignant Chick vernacular. Indignant Chick is an English dialect. Black English Vernacular is a dialect, too. I started a "seminar" my senior year in college called The Black English Vernacular. Calling something a "seminar" makes it extra collegiate-sounding, so no matter what it's about, it sounds more legitimate with "seminar" attached. It was in the sociology department. I had no reason to believe I'd meet any chicks in the class, but I thought I'd give it a try. I don't remember anything about any chicks there. I remember that I lasted some time into the second week. Maybe a total of four classes. I tried to get my money back from the bookstore for the book, but they wouldn't take it back. I had annotated in a useful way, I explained to them. My annotations would be helpful to the next buyer. I had written in all caps: THIS IS TOTAL B.......! But no dice.
Before I show you the letter I wrote to Tina and Amy, I'll show you a snip of a letter I wrote to someone else in Minnesota. This was last April 7, just after the Minnesota Court of Appeals sent out the order with astonishing words: that "discretion" in Minnesota means a judge can say and do anything he wants - like a military regime - which I've referenced quite a number of times. Here's what I wrote to this other person:
My mom was a “one world” type, and I’m not saying exactly how I feel about that. I have mixed feelings. My mom’s last days were with her bilingual granddaughter, though. I have taken a financial bath (and with untold hours spent) because I legally moved my mom to California from Maryland. I didn’t know it at the time, but I had run afoul of the mob, where the trust fund cow must be kept in the barn for milking. However, the relationship between my daughter and my mom, through her last days, was priceless. I have pics.
One of the chapters in my book is, 𝚂̶𝚘̶𝚖̶𝚎̶ All of my best friends are black. In kindergarten, Otis, Jody, and Lincoln were my best friends, along with Camilla, whom I had a crush on. Otis said to me, about a decade ago, “Didn’t we all!” Otis also said to me a few years ago, “Hey bud, you don’t ever need a reason; you just pick up the phone, ok?” That’s priceless too. No matter how much money the lawyers will end up XXXXXXXX from the trust — and I’ve accepted that they will XXXXX it all — I have some priceless things.
Otis and I are "birthday brothers," one day apart. We would go to each other's bday parties and usually sleep over the night before. I have a pic of Otis and me on my front steps, with a few girls, at my 6th bday party, but I can't find it along with a bunch of other memorabilia. I'm trying not to be beside myself. I remember where I saw it all last and approximately when. But I just cannot find the stuff. My tetra-para-hemi-plegia-paresis (which is what you get when three mathematicians open a candy store) isn't helping my search any.
There are few people more upbeat than Otis. You need to see the pic of my 6th bday. I'm not telling you this stuff to assert my "liberal credentials" or baloney like that. As I wrote in my blog, “in some very important ways, I'm more 'conservative' than all the Foxsters and their panty hose rolled into one. I am not correspondingly more 'liberal,' but I am very 'liberal' in important ways. You probably know where this is going, and you're basically right. But my theme may have some variations on the typical one.”
I'm telling you this because it shows the great friends I could call when I was pondering, in my hospital bed, "going shopping instead," a line I first heard in 4th grade on one of the Butterfield Blues albums. I'd been looking up the oxycodone dosage that would induce respiratory arrest. It's hard to find. Everything is "suppression," but not "arrest." It was never really a serious consideration (so the FAA medical people can put down their note pads), but because I'm an engineer and have a habit of considering all possibilities, I was checking out the information. I had my daughter and one other person - from Ukraine - to live for; and hope for at least one other person. I knew that many rescuers had been out in brutal cold to search for me. I knew that an entire little church and children's school were praying for me at least weekly. I knew that miracle docs and nurses and techs there worked and worked to save me and put me back together. And I had buddies from all times in my life, including my B-day brother, Otis, from kindergarten. I could not let them down and trade them for oxycodone.
Here's the email I wrote to Tina an Amy and a half-dozen of their staff. It was a test. As I've written here, as an engineer I have this thing about testing stuff. I can't help it. It's engineering. I love it. I wrote the emails in the Indignant Chick vernacular. I know it well, having received it, on occasion. Okay, maybe more often. I sent my email as Atty XX. I called attention to a San Francisco federal judge, Alsup, with a Twit-thing account which he used to "insult" people by calling them, "pussies" and used "hood" talk - like the Black English vernacular but updated since my college senior year.
Also pasted here are what I had previously written (in late 2017) to women lawyers on a California Bar committee (I think it was) on "women in the law" - that sort of thing; and then to the dean of Stanford Law School, who was giving a lecture entitled, "What matters to me." I was wondering how much it mattered to women lawyers, that a federal judge - who hears cases on women things and race things - used adolescent "insult" language of a women-specific nature and hood talk. Late 2017 was well before the Brettster J. issue came on the scene. Then I had my plane crash in January 2018.
Sometime mid or late 2018, I checked and Alsup's Twit-thing account had been deleted or suspended. His postings had been there for six years, since 2012.
It was a decent bet that word had gotten to him through back channels to delete his account - though it now says "suspended."
There's (at least) one other possibility, though I don't think it likely.
If I were representing a constituency - take Minnesota as a random example, Tina and Amy - and I got information like this, the first thing I would do is send an "evidence preservation" letter (which anyone can send) to the Twit-thing and demand preservation of the entire account history of @askalsup, including IP addresses from which the account was accessed by the account holder. I don't know whether Twit-thing keeps that info, but I'd demand its preservation. In California and probably other states, if a company doesn't preserve evidence when that kind of letter arrives, it can have liability problems - at least in theory. A Senator, like Tina or Amy, would probably be taken seriously. As I wrote in my email to Tina and Amy (you can read it, down the page), "That Alsup was not called out on this, shows, I think, just how seriously woman lawyers in positions of power or influence really take their commitment to calling incontrovertibly demeaning behavior from the judiciary for what it is. Not seriously enough to stand up to an Article III judge. Except when something may have occurred at a high school party 40 years ago, according to faded and contradictory memories." (Pretty good Indignant Chick imitation, eh?)
Last April I sent the email to Tina and Amy and staff. (I got one auto-acknowledge reply.) Last month I sent it to some members of the "women in the law" committee of the American Bar Association. Silence and no action. All of them. My conclusion, which was my hypothesis, is that all the "women in the law" stuff is baloney. First and foremost (certainly in civil litigation) it's about the Dues Process, the money flow. And becoming overtly too critical can jeopardize that - especially calling out a member of the inner circle of the Royal Family, the Article III judges. They attacked Brettster J. tooth and nail based on evidence that was very difficult to check out; but no one would take the simple step of writing to Twit-thing and demanding to get to the bottom of the Alsup Twit; and write Roberts C. J. and others. And then Tina and Amy could get a subpoena sent out from Congress.
Had I been representing you, I would have done those things immediately.
That would have been simple. But the Dues Process - the legal monopoly - gets in the way, except when the political tune is not your team's tune. See what I mean? Guess whose team George Floyd was on? And other average Minnesotans, guess which team you're on? You're not on team Tina-Amy-Alsup-Burke - the last one a Hennepin judge who's another social menace (see my blog entry, Kevin the Menace). A Burke Twit, shortly after Amy withdrew her prez candidacy (and which Burke deleted), mentioned how he's friends with Amy. No surprise there. They're all a small circle of friends, as I wrote to the federal court.
You vote for me, and my Python code will scan my emails and not overlook you; or if it happens, you write again, and we'll modify the code. Representation should be as interactive as possible. Technology helps that a lot. As I wrote in my blog (Quiz Time #1): "I'm assuming here that you don't want to be treated like an idiot and that you believe you deserve the opposite of such treatment."
I don't think I've ever used the word, "pussy" (or "chatte" in French) in a derogatory fashion, not even in junior high (but I may be mistaken) or later. You may not believe me about that, and that's fine. I'm not puritanical, as you might have guessed. But there are certain words I keep in reserve. And I happen to like the word, "chatte," and its English equivalent in...you know - ummmm - intimate situations of admiration, inspiration (dual meaning)...and other, you know, "shun" type words; but that's private stuff between me and her. And I'm not a federal judge or any judge with "discretion" - infinite or finite.
What kind of judgment can a "grown" man, who is a federal judge with lifetime tenure, have who puts out Twit-things like that? Tina and Amy (and lots of women lawyers) are obsessed over bashing DJT, but an adolescent federal judge apparently gets a pass - a behind the scene nudge to grow up and get rid of the Twit. The account says, "suspended," not deleted. There may well be IP addresses in the history. Whadda you say, Tina and Amy? Or you could just write a letter to some judges asking for an explanation. You could have back in April when I sent you the email.
I repeat. If I had gotten info like that, I would have immediately demanded explanations. You betcha. That should be obvious now, given all I've written.
Atty XX <email@example.com>
date: Apr 20, 2020, 8:02 AM
subject: Ain’t Misbehavin’
I am writing to inform you of, what I consider, an ongoing outrage that has continued for essentially eight years. What you will do about this “misbehavior” (Article III, Section I) remains to be seen. According to your public personae, “Klobuchar knows the struggles that all ambitious women face at work” and “Tina Smith” ... a “strong advocate” and “staunch champion for women's rights,” etc. etc. Let's see.
Back in late 2017, I sent emails to a women lawyers association and a law school dean, in positions suited to take steps to start a correction of this Article III infection. At most, they put a band aid on it and covered it up.
For over five years, from May 2012, this Ninth Circuit District judge, Alsup, had a Twitter posting (attached) referring to certain people as “pussies,” who used a particular software technique and evidently weren't up to his manly software standards. How ironic on several levels. He also likes “old men” age-dissing talk and hood talk, “fool.” This stuff is revolting enough in normal circumstances, but publicly, from an Article III judge?
In October and November 2017, I sent the emails I mentioned. No response. However, Alsup's account was deleted some months later in 2018 (now says, "suspended," which makes me wonder whether some contrived "denial"might have been made). Here's one email I sent, with recipient identifying information deleted — for now:
Attached is a screenshot of the twitter site: https://twitter.com/askalsup?lang=en
where Judge Alsup of the NDCA wrote, "DI [dependency injection] is for pussies."
Does this matter to you? It matters to me a lot. I'll tell you why. I find it revolting that an Article III judge would publicly display such an adolescent and contemptuous attitude, especially in a written setting where he had time to contemplate what he was writing and, further, where he would leave it posted for five years. I don't have to tell you about the stature and power of an Article III judge and how women parties and attorneys appear in front of him and, apparently, appear to him.
Back in 1989, the cover, "Has Silicon Valley Gone Pussy," killed Upside magazine. Why is a federal judge's similar disparagement any more acceptable? It's not acceptable at all.
I write this email anonymously because in my current situation I have too much to lose by not doing so anonymously. Without, I hope, presuming too much, I would think that ### Law, with its Women of ### Law organization would want to take a public stand on Judge Alsup's behavior. After all,
You may complain about actions taken by a judge outside his or her official role as a judge only if “the conduct might have a prejudicial effect on the administration of the business of the courts, including a substantial and widespread lowering of public confidence in the courts among reasonable people.”
I believe this is directly applicable to such a repugnant statement from an Article III judge, and such a lowering of confidence should, in particular, be felt by all of ###'s women -- and, I would hope, men too.
The junior high, misogynistic “humor” brazenly public by an Article III judge mattered enough for his account to be deleted or suspended, but he's still on the bench.
I'd guess that, through back channels, Alsup was told that deleting it would be wise. That, doesn’t solve the real problem, of course. His resignation would have been a real start.
Now, I am calling it to your attention. That Alsup was not called out on this, shows, I think, just how seriously woman lawyers in positions of power or influence really take their commitment to calling incontrovertibly demeaning behavior from the judiciary for what it is. Not seriously enough to stand up to an Article III judge. Except when something may have occurred at a high school party 40 years ago, according to faded and contradictory memories.
That's all I have to say. For now. The question is: what are you going to do about this inexcusable junior high boy, Alsup?
How does this compare with Franken? For one thing, Franken didn't have lifetime tenure with “absolute independence” and the power to ruin individuals at whim, dontcha know. So whatcha gonna do?
from: Atty XX <firstname.lastname@example.org>
date: Jul 10, 2020, 6:09 AM
subject: Fwd: Ain’t Misbehavin’
I have been concerned about Alsup's "Pussies" tweet for years. You can read the forwarded emails. He should have been gone long ago. Alsup's twitter account was removed first (in 2018), I believe, and then marked suspended. Regardless, any judge, but especially an Article III judge, should not be permitted to stay on, with such behavior. The Minnesota Senators don't care, apparently, despite their "fierce" support of women's issues. So what is your position and action? This is all the more relevant with your articles, "Left out and left behind" and "Walking out the door," and Kozinski too, etc. There's a lot of talk, but when there's hard evidence to explore on an Art. III judge, the enthusiasm dries up. What say you?
A lowering of public confidence in the courts among reasonable people?
from: Atty XX <email@example.com>
to: firstname.lastname@example.org, email@example.com
date: Oct 28, 2017, 8:37 PM
subject: A lowering of public confidence in the courts among reasonable people?
Ms. Calderon and Ms. Goodman,
Judge Alsup, "DI [dependency injection] is for pussies." (Also see attached.)
You may complain about actions taken by a judge outside his or her official role as a judge only if “the conduct might have a prejudicial effect on the administration of the business of the courts, including a substantial and widespread lowering of public confidence in the courts among reasonable people.”
Might an Article III judge's use of the word, "pussies," on twitter as a disparagement to mean "weaklings" cause a "substantial and widespread lowering of public confidence in the courts among reasonable people?"
Back in 1989, the cover, "Has Silicon Valley Gone Pussy," killed Upside magazine. Why is a federal judge's similar disparagement any more acceptable? It's not. I think it's revolting.
Does this matter to you and why or why not?
from: Atty XX <firstname.lastname@example.org>
date: Nov 4, 2017, 2:34 PM
subject: Does this matter to you and why or why not?
Dear Dean Magill,
Attached is a screenshot of the twitter site: https://twitter.com/askalsup?lang=en
where Judge Alsup of the NDCA wrote, "DI [dependency injection] is for pussies."
Does this matter to you? It matters to me a lot. I'll tell you why. I find it revolting that an Article III judge would publicly display such an adolescent and contemptuous attitude, especially in a written setting where he had time to contemplate what he was writing and, further, where he would leave it posted for five years. I don't have to tell you about the stature and power of an Article III judge and how women parties and attorneys appear in front of him and, apparently, appear to him.
Back in 1989, the cover, "Has Silicon Valley Gone Pussy," killed Upside magazine. Why is a federal judge's similar disparagement any more acceptable? It's not acceptable at all.
I write this email anonymously because in my current situation I have too much to lose by not doing so anonymously. Without, I hope, presuming too much, I would think that Stanford Law, with its Women of Stanford Law organization would want to take a public stand on Judge Alsup's behavior. After all,
You may complain about actions taken by a judge outside his or her official role as a judge only if “the conduct might have a prejudicial effect on the administration of the business of the courts, including a substantial and widespread lowering of public confidence in the courts among reasonable people.”
I believe this is directly applicable to such a repugnant statement from an Article III judge, and such a lowering of confidence should, in particular, be felt by all of Stanford's women -- and, I would hope, men too
Again, there's (at least) one other possibility, though I don't think it likely.
It's not just a quiet resignation that's in order; it's confirming that a judge who Twits like an adolescent "presides" over and decides very important issues. This emphasizes why we need a truly-objective component of "justice" in order to get some real and true Justice - not some title for certain judges who are unworthy as a group and don't come close to true Justice. And yes, there are some things that a truly objective. And Congress and legislatures decide their intent and how to make their intent clear. Tina and Amy need to really dig-in and work and really use technology, as do all Congresspeople and legislators. You want someone who really will dig-in and work and use technology? Here I am. And I have a lot of personal motivation - and not just some polysci degree.
Chicks v. Koz
August 10, 2020. Before I start about Chicks v. Koz, I want to add a couple of things to my last posting. First, I forgot to mention that Atty XX sent a follow up email to Tina and Amy and staff on April 24 .
from: Atty XX <email@example.com>
to: firstname.lastname@example.org, Gohar_Sedighi@smith.senate.gov, Ed_shelleby@smith.senate.gov, email@example.com, Elizabeth_Peluso@klobuchar.senate.gov, Elizabeth_Farrar@klobuchar.senate.gov, firstname.lastname@example.org, email@example.com, firstname.lastname@example.org
date: Apr 24, 2020, 12:40 PM
subject: Re: Ain’t Misbehavin’
One other thing. An Article III judge mixing-in "case dismissed" (a crucial aspect of his essentially unbridled power) with his revolting, juvenile "humor" is especially revolting. By the way, this will be an issue for Senator Smith in coming months, whether she makes it her issue or not. It doesn't matter who I am. The substance matters, and the substance here is awful and not getting better.
I got an auto-reply:
Thank you for your inquiry Re: Ain’t Misbehavin’ Inbox x
Media Tina Smith for Minnesota <email@example.com> Apr 24, 2020, 12:40 PM
Thank you for your media inquiry. This is Senator Smith's campaign media account. For inquiries or requests related to Senator Smith's Senate work, please email firstname.lastname@example.org.
So, the message was delivered twice to a bunch of addresses for Tina and Amy and staff. One or more people ignored it or dropped the ball or, possibly, just didn't notice it at all. The third alternative is a bit hard to believe, given the number of email addresses. The first two alternatives are really serious, in my view, because I would never ignore something like that or drop it. I'd run full steam to get it verified or debunked (that is actually debunked, not the pseudo "debunking" on "fact checks;" see my blog entry Quiz 2.0). If Tina's and Amy's email systems are so bad that they miss two emails altogether, addressed to over a half dozen staff, then my Python code email scanner (or someone else's or something similar) can take care of that.
Back in April, I wasn't seriously thinking of any candidacy. I had seen the abominations from Burke, the Hennepin judge, and then from the MN Court of Appeals; and it was obvious that "petitioning" in MN courts was a joke. So the alternative for me was some "political" petitioning (something that, as I've written, under normal circumstances would make the exoskeletons on the bugs crawling on my skin, crawl). But it was when I saw George Floyd and seeing my quasi-prognostication about Hennepin as a "military regime" there on TV on a gasping man, that I decided to do this.
Ok, I don't know whether I mentioned it, but I'm presiding over the case Chicks v. Koz. I'm Juicetice Johnny, but you should not ever think that I want to (or have ever wanted to) be a lawyer or judge. Hardware engineers, though, would make great judges, because, as I've said (and as every hardware engineer - or engine mechanic or other hands-on person with real troubleshooting that cannot be patched in software (software is supercomplex in its own right but can be patched) - knows), you throw out all assumptions. One bad assumption can ruin your whole day of troubleshooting.
BTW, I actually may have been the youngest expert witness ever, when I was in 7th grade. A neighborhood kid fell off a tire-rope swing that swung out over the creek in "The Valley" in our neighborhood. (He got a really bad leg-break and maybe more, and it may have compromised his health for life; so it was a big deal for our neighborhood. I don't think they used titanium rods in femurs in 1969; I think about these things in terms of the technology that put me back together.) A bunch of us kids went to another kid's house for the rope-swing after the annual Halloween party at the local swimming pool parking lot.
In court, there were questions to me about the slope going down to the creek and angles of the rope and such. There were some objections from the defense lawyer, and he asked me some questions. I inadvertently made the jury and judge laugh twice with my answers - once when I mentioned Wiley Coyote, not with respect to the kid falling but about my Big Bertha model rocket, which I talked about when they asked me what I knew about "angles." Anyway, it's in my book, along with tons of other "fascinating" stuff:). My homeroom teacher was excited that she could mark "court summons" on my attendance sheet, a first for her. And the lawyers shouldn't infer (the way they jump to conclusions so often) that that had anything at all to do with my unfortunate legal sagas.
So, Koz was a judge on the 9th Circuit appeals court, which is in California (mainly) and handles the largest region of the US including some Pacific islands. Brettster J. clerked for Koz. Koz resigned at the end of 2017 because of accusations of his sexual harassment of clerks. Some (probably lots of) people want to tie Brettster J. to Koz in this way. Now, remember - and I'll keep reminding you - that Juicetice Johnny is a hardware engineer and throws out all assumptions. So I haven't formed any opinions about the accusations against Koz or the questions and insinuations about Brettster J. on this Koz-harassment topic. (I'm quite okay with Brettster J. after the "party" accusation, which I'll explain another time.) I don't have any opinion because I don't have any personal knowledge, which means stuff I've experienced with my five senses - or if you're Uncle Martin, at least one extra sense with his levitation finger, which provides feedback to him, so it is sensory-motor skill. I also haven't seen any actual evidence (including having read testimony; I've just taken the case up). I once had to remind an appeals court of the significance of "personal knowledge," which they discounted anyway. The court system is just awful.
But now I want to make a side comment, which is a general comment, and this doesn't reflect any conclusion about Chicks v. Koz. I'll comment by way of an anecdote. A buddy of mine from Cleveland told our group of friends how his dad was in the grocery checkout line with his young-teenager daughter. This was in the 1970s. I don't know exactly what magazines were there in the line, but the story was that some guy in line just ahead of them was looking at a magazine with some revealing photos - perhaps his own mag and not from the checkout line. My buddy's dad said to the guy to put the mag away because his daughter was there. The guy said no.
The announcement over the store speaker requested clean up at register 3. The dad was in the register 2 line. If that doesn't make sense to you, it was his uppercut that sent the guy most of the way over the magazine rack.
By telling you this anecdote, I am not expressing an opinion on the truth or falsity of the Chicks' accounts. Not at all, and I'm not sarcastic at all, either. They may well have been harassed as they say. Or maybe not. What I'm thinking is that either the Chicks don't have daddies or they didn't tell their daddies or they told their daddies that there's a big paycheck at the end due to the legal monopoly. Otherwise, there surely would have been one daddy who would have sent Koz from register 2 to 3. (BTW, I add that this is a joke - joke about Koz register 2 to 3 - if that is not obvious to everyone. The story about my friend's dad was true, but I do NOT suggest violence in any of this. Okay? Understand that first and foremost.)
This is the effect of the Dues Process, the legal monopoly. And this goes to the silence from the women lawyers about the Alsup Twit-thing. You cannot rock the royal boat of the Dues Process. The financial consequences are too great. This is why you won't get anything resembling actual "justice" with the legal monopoly, And no, "justice" is not simply what judges say it is, with everyone else merely a "disgruntled litigant" (see my blog entry Hansel and Gruntle). There are elements - some big elements - of objectivity, and they are, in a great many cases, destroyed by the Dues Process. And its silence on reprehensible things. Either that Twit-thing was Alsup's or it was a hack. Either way, the silence - as the saying goes - has been deafening, including that from Tina and Amy - "champions of women's" blah-de-blah whatever their writers write for them. More on this soon.
Hypothetical Penalty Phase: You're Awesome, My Little Pony!
August 11. 2020: Juicetice Johnny wants to talk briefly - and only hypothetically - about the penalty phase in Chicks v. Koz, if a penalty phase would be necessary. I'll emphasize again that I don't know what happened, and maybe nothing happened, and maybe something happened. Like any good hardware engineer, I throw out all assumptions (or try to as best I can). I also know that everyone brings to the table his or her own experiences. So making presumptions about a defendant's, for example, having only boys for kids may miss something in the past. People lose children and others dear to them. And little boys deserve to be awesome too, of course.
I know the world can get you down
Things don't work out quite the way that you thought
Feeling like all your best days are done
Your fears and doubts are all you've got
But there's a light, shining deep inside
Beneath those fears and doubts so just squash 'em
And let it shine for all the world to see
That it is time, yeah, time to be awesome
Ah, ah ah, ah, awesome
It's time to be so awesome
Ah, ah ah, ah, awesome
It's time to be so awesome
You've no idea how hard it's been (it's time to be so awesome)
This dull routine we've been forced to do
Don't let them rob you of who you are
Be awesome, it's all up to you (awesome)
I feel the light, stirring deep inside
It's like a tale still yet to be told (it's time to be so awesome)
And now it's time
Some people might consider it cruel and unusual punishment to be sentenced to listening to My Little Pony, Awesome! four times a day for 30 days. But they don't know what they're talking about. Awesome! has great structured rhythm on a par with the best musical theater, great arranging, great lyrics and more. It's a song worth getting to know - penalty or no penalty.
Now, as I've mentioned in my blog, Dora the Explorer's voice is precisely tuned to drive middle-aged men bananas. So that would start getting into cruel, if not exactly unusual. But a rendition that mixed Dora with My Little Pony's Awesome! might well be a truly extraordinary rendition. That's a topic for another day.
There's a good deal in the "Women's Liberation movement" that I think has gone overboard and done more damage than good. I'll give specific examples soon, including very personal examples. But the fundamental problem of those who abuse power - whether it's on a global scale or on a boss-employee scale - is a big one. While tech doesn't solve everything, of course, it usually helps a lot. The court system is a standout example of an archaic system that suffers from the same problems that royalty has over centuries; and has caused similar kinds of damage. This can and should change. I would push to change it quickly because the solution is Constitutional, low-cost, and I think low risk.
From the Smoke-filled Room
August 12, 2020: All I can say is, "Wow." Without an exclamation point. An exclamation point isn't suited to, "overwhelmed," "humbled," and "nearly speechless," which aren't really exclamations. Awestruck is a good one, too. Humbled into silence (temporarily) at 15,000+ votes and, at least as incredibly, 6.5%+ . I'm thinking of demanding a recount because the number is too large for me to believe. One thing's for sure: you won't find a candidate anywhere more appreciative of every single vote.
As I wrote above under Mirror in the Sky, all I needed was 6 votes to beat Bloomie on votes/$ basis, overall. It stands to reason (and intuition) that vote-getting is more "difficult" for the "last" 15,000 votes than for the first. That also depends on what one means by "difficult." I haven't spent a dime on advertising - only registration fees, transportation, motel, pizza, tuna fish and 2% milk from Walmart. The only cost is my time. I have time - and am not dead - because of a whole lotta luck and miracles and angels, too...all of which may be one and the same.
I'm in either a Walmart Neighborhood grocery or a big W nearly every day. Yesterday I saw this:
This was the lunch meat section and more; it's hard for me to lean too close for too long to the small labels to see exactly, because my spine is fused in a dozen vertebrae, and there's arthritis fusing most of the rest. I'm getting-by pretty well, though, under the circumstances.
When the plane hit the ground at 150mph, in some very short amount of time - probably under a second - I went from the proverbial "20 years younger" to 20 years older than my chronological age. But I'm here and alive and able to tell you that. Sorry if you think I dwell too much on that event, but thinking about it from time to time - every few days, I guess - is one of the things that keep me going, oddly enough.
One of the many things I remember from the two-week "coma" period was a voice telling me that the docs had fused my neck (7 vertebrae) and lower back (5). I was still under sedation, so I couldn't feel what was later excruciating pain in my shattered/repaired legs and ankles, so I replied, "You mean no more downward dog and Watusi? For those who don't know about it, the Watusi was an early 60's dance, and there was a song, "Wah, wah-a Watusi." You can Google it, of course. From what I see, Watusi hit #2 the week of July 21, 1962. (continued later today...please come back and read the rest)
I'll leave the Watusi for later. Right now, the candidate and his crony (i.e. his 7 year old daughter) have emerged from the smoke-filled room - the smoke was from the George Foreman grill making burgers. Here was the smoke-filled topic of discussion: An Emerson College poll came out yesterday, the day of the primary election. It showed Tina with a 3 point lead over Jason. The actual votes in the primary had Tina with 478k and 184k. This is a very strange disparity. BTW, I am NOT making any vote-fraud accusation; there's just something not adding-up at first blush with Tina having gotten over 2.5:1 votes over Jason but only a 3% difference in this Emerson poll.
I'm looking at the raw results of this Emerson poll, and trying to figure out the poll. They got a list of 15,000 mobile phone numbers from a data company called Aristotle, LLC. They appear to have sent out text messages (basic, regular SMS text messages that you get on your phone without Whatsapp or Viber and such) and gotten 642 of these text recipients to go to a website. Then those "recruits" answered questions in an "online survey." They also got an "online panel" of 91 people provided by Amazon MTurk. MTurk, according to what I read, is an online source for getting people to perform tasks that are still hard for computers to do more reliably than people - like those image-recognition tests you do by checking boxes where you see traffic lights or sidewalks or open-toed, spike-heeled shoes.
Then they have "weighting by gender, age, education, party affiliation, race, and region based on 2016 voter turnout modeling" to make it come out in a way they have calculated to give the best predictability. Well, how the heck (or fwhatever) did they get a 3 point difference between Tina and Jason when the primary voting came in at a greater than 2.5:1 Tina:Jason ratio? Either a whole lotta Jason-voters didn't vote in the primary or a whole lotta Tina voters faked their answers and said they were voting for Jason. Or maybe there's another explanation that I don't see offhand.
This a really big disparity that I'm trying to figure out. I sent in my form for getting write-in votes for me counted (yes, I know). (More from the smoke-filled room shortly.)
I Have Registered to Have Write-In Votes Counted
August 13, 2020: My View Is That the Latest (Emerson College) Poll is Clearly Wrong. Here's what I wrote to the professor in charge of the poll:
Dear Professor Kimball,
I'm looking at the supporting documentation (full results and transparency initiative downloads) for your poll, released on Tuesday, on the Minnesota candidates Jason Lewis and Tina Smith and Trump-Biden matchups. Your poll shows a 3 point difference, Smith over Lewis, while Smith got 478k (now 497k) votes and Lewis got 184k (now 192k) votes in the primary. First of all, I'm not saying there's anything necessarily wrong with your methodology or the samples from Aristotle LLC or MTurk. I'm just trying to get my head around what seems to be a big inconsistency.
It seems to me that in order to square the > 2.5:1 ratio in votes with the 3 point difference in your poll, either a great many Lewis voters did not vote in the primary (compared with Smith voters), or a great many Smith voters did not respond truthfully - unless they "made up" their minds in one or two days. But even then, the ratio doesn't square with truly "undecided."
While making a voting decision may well wait until the last minute, in very round numbers, that would mean a 20k difference (3% of 478k+184k, plus 7% undecided in your poll) became a 294k (44%) difference in just 2 days or so. That doesn't sound like respondents truly "undecided," since those should tend to break in more or less equal parts. I don't see any resolution having to do with party registration (which doesn't appear that disparate anyway, based on data from the Sec of State, not your poll). What am I missing?
Thanks...john berman (BTW, I was in the Rep primary, so my curiosity stems from that).
I added the following a few hours later:
I should add that even if the 20% of so who did not vote for Lewis in the primary, then voted for Lewis in the general election, that would add about 50k votes. Then if everyone who did not vote for Smith in the primary, voted for Lewis in the general, that would add about 68k to Lewis...so a total of about 120k extra to Lewis in the general. That's a total of 300k to Lewis. Still, under those extraordinary assumptions, that's nowhere near a 3 point difference.
Jason Lewis cannot likely overcome that kind of gap. Sorry, but I believe this is a very reasonable conclusion.
With the very generous assumptions above, Lewis has at most 39% to Smith's 61%. The polling was supposed to control for registered voters intending to vote. (More shortly.)
I'm waiting for a response from the Emerson College polling professor. I don't expect responses, but if I get one, then great. I might be wrong. That's the thing about real life with real risk and real jobs. If you make a mistake, you eat it, typically. When JOhio or MIndiana or Bill and JIllinois or Jebraska or Jimmysota make a mistake - the way we all make mistakes - he or she might get a little dinged or docked; or sometimes lose his or her job. Not so with judges. No matter how stupid, malicious, or corrupt a judge might be, nothing happens to him or her. Maybe, once in a long while, there will be a reprimand. On extremely rare occasions, one will lose his or her job. Their justification for this rarity, under today's circumstances, is antediluvian. I'll discuss this more, soon. As shown above, I got no response from Tina or Amy on Alsup. I'm pretty sure that Tina's staffers have seen my Alsup posting, above. I'm very sure they got my March 2020 emails, which I've posted above.
Before I write more about the flawed poll, I want to give you an update on the bare shelves at the Neighborhood Walmart (see pic above). According to a clerk I spoke with yesterday, they had a temperature control problem and had to take all of those items away until the problem could be fixed. That sounds very reasonable - unless you're Hank Hill's neighbor, Dale Gribble, who might suspect the clerk is covering up a luncheon meat shortage. It's not that I poo-poo so-called "conspiracy theories" because I don't; however, there is a conspiracy to poo-poo conspiracy theories, I am sure. This is another example of Russell's paradox at work. I'll discuss this later.
August 16, 2020: I wrote a second quick email to the Emerson College professor late yesterday. Regardless of any specific matters concerning his poll and its results,* the real question concerns the reality - not predictive polling - of the 497k votes for Tina against 191k votes for Jason, and whether a general election can see Jason overcoming such a gap. I strongly doubt it, but there are interesting unknowns in Minnesota.
There is an article here (https://www.kare11.com/article/news/local/breaking-the-news/presidential-primary-raises-privacy-concerns/89-f0393925-d0ac-4cf2-a882-06e5779d4870) titled: Presidential primary raises privacy concerns.
However, since MN doesn't have a presidential primary (just caucus), the article appears to be referring to the primary for offices other than president. It says: "But a 2016 change in state law could leave Minnesotans revealing information they'd like to keep private. To vote in the primary, Minnesotans must disclose their party selection to election judges. Voters will have to request either a Democratic or Republican ballot. A list of who voted in the primary and the political party each voter selected will be provided to the chair of each major political party. How a voter voted on the ballot will be secret. "
To begin with, there is no break-out between parties on primary voting until 2016, and it seems that 2016 information is provided only to party chairs? It would seem that that information from the Sec. of State should be public. I'll call the Sec. of State office tomorrow. In any event, I looked at some historical data for election turnout (see this site, http://www.electproject.org/home/voter-turnout/voter-turnout-data , and sent a quick Excel sheet I made to Professor Kimball), state-by-state, from primary to general elections. Because MN holds a separate caucus for president than for other offices, there's no info on this site specific to MN. And there is not compete data for all states. For what it's worth, an unweighted average (not weighted by state population or registered voters or such) comes out with a 2.2x increase from primary to general elections over those states that have a presidential primary election. A weighted average would almost certainly give a smaller factor.
But there would have to be a very large disproportionate increase in votes for Jason over votes for Tina in the General compared with the Primary, in order for Jason to win. This is an undeniable reality of the numbers, and I find it hard to believe that that would be doable for anyone; but I don't have any data at the moment to base that on. I doubt I'll find anything either.
I don't see how he can win. No one who voted for Jason or Tina in the primary will switch between the two. If all of the other votes from each party went to Jason, he still would lose by roughly 61 to 39 (see above). The only thing that could change this is a massive increased turnout for him but next to no increase (or a decrease) for Tina. I don't see it.
* And I wrote to Professor Kimball: "I do not doubt that you and your group do good work. I think there might be a basic problem with the sampling method, starting with the Aristotle and ZTurk data; and maybe a couple of other things." And also, more power to Professor Kimball and his group for releasing his poll before the primary results were out. If others (including me) had a poll that showed a 3 point gap, but a 2.6:1 ratio in the primary, I would have stopped release of the poll.
The Homer-000, pronounced Homer Triple Naught.
This is self-explanatory.
I will add only that Homer Triple Naught events tend to occur with increasing frequency in human males approaching age 60. If you ever sense a Homer Triple Naught event while preflighting a plane, head immediately to the nearest Motel 6. This is especially the case in sub-zero weather.
The Pumblechook: "Widely Respected Jurist."
It doesn't matter how stupid, lazy, corrupt, or malevolent; it's always the same recording.
August 19, 2020: My daughter, her mom and g-ma evacuated at 2am from their house near Vacaville, CA, barely beating the fire.
Everything is gone except the car they drove away in. No physical harm to them, thank God. I have some experience in that department of thanks, approximately. I'll continue here tomorrow.
August 21, 2020: There's no comment that I could make on the fire, which would be worth anything. Fire doesn't leave much behind that's worth anything.
August 22, 2020: Gopher Ball
I guess one has to be careful in Minnesota with the phrase (or term), "gopher ball;" and I'm certain I'm not the first to observe that. I got my first concentrated lesson (that I remember) in the colorful range of baseball lingo in right field general admission in D.C. Stadium, 7-2 Cleveland. My friend and I (not Otis, whom I mentioned up above on this page) were sitting with several fat, loud black men (it's possible they were, then, referred to as "negroes" or "colored," but I don't remember) who were drinking lots of beer and making hilarious (certainly to us 2nd graders) plays on names - Eddie Brinkman, of course; Bob Chance. I'll stop there, with great admiration for a certain first base coach and former catcher for the Dodgers (both Brooklyn and LA), KC Athletics, SF Giants, and Mets.
The drunk, black guys also gave us kids pointers on how fill in the box score sheet - with plenty of K's for the Senators, no doubt. I remember that we kids were there by ourselves; maybe a mom (probably not a dad in those first games I attended) was nearby in the bleachers, but I don't remember that. There apparently was no issue with a couple of 2nd graders yucking it up with several slobbering drunks, no matter the race, color, creed, ethnicity, or alcohol blood level. It was hometown bball, and we were eager students of the game, ready to learn everything we could from whoever would teach us.
I'll now confess to you, that I always thought a gopher ball was slow, straight pitch where you could count the rosin crystals on the stitches, and blam-o. Apparently, according to the Wiki and Merriam-Webster, it's any pitch that's hit for a homer - even a wicked curve, I suppose. This doesn't sound right to me; but hey, there are limits to how much I'll go against the grain. And yes, I get the physics - that all other things equal, a faster pitch will come off the bat faster, etc. I just thought that a gopher ball referred to a slow, easy-to-hit pitch. "My bad," to use Buffy banter and Willow witticism.
In any event, I have tossed a slow, easy-to-hit gopher-ball of a pitch to Tina and Amy - three times now - with the Alsup "chatte" Twit-thing. I'm sure they saw the first two pitches (by email) last March, and I'm nearly sure they saw the pitch up above last week. So when ya gonna swing, Tina and Amy? Hey battah-battah-battah.
August 24, 2020: Should a legislator be a "helicopter parent?"
I think so (and dealing with a Russian mom and grandma of my daughter, I have considerable expertise on helicopter parenting). I've got a lot on my plate at the moment, so I'm telling you a quick, general thought about how I see legislation. You can probably figure out what I'm going to say, based on what I've written, but here it is more explicitly: I don't think Congress' (or a state legislature's) job is done when it passes a bill into law. I'm not talking about funding it and deciding what agencies do what. I'm talking about something like...Yes, you guessed correctly! An amendment to a civil rights act! And Carol Merrill, show us what's behind Door Number One! Jay Stewart intones: Yeeeeeeees, it's a brand new, sparkling clean 1996 Improvement to the original 1871 Civil Rights Act. And it comes with a case of Borateem chlorine-free color safe power bleach! (You can watch Monty Hall and Let's Make a Deal on Youknowwhere. 60s kids watched this stuff when they were home from school with the flu and such.)
Courts have essentially ignored the 1996 Improvement Act, at least the part that allows a person in state court to take an out-of-control state judge to federal court. You need federal judges who, as a first step, know how to read. But then, who also know how to be judges and not ignore Congress' words they don't like. As I've said - and the reason I decided to file for this candidacy - I believe George Floyd's daughter would have her daddy today if Congress were a helicopter parent and saw that judges who don't know how to be judges got a spanking - and the boot too. Out of court. I won't say boot "off the bench," because "the bench" is a sacred baseball term near and dear to my h.....butt. The sacred word, "bench," should be outlawed with respect to judges, but that would run afoul of the 1st Amendment, which is even more sacred.
Congress' job includes that of a helicopter parent overseeing his or her (their collective) legislative child after passage into the wilds of the world, including the court system. And to protect that child from judges who do not understand that they are supposed to "ascertain the intent of Congress," not ignore and/or rewrite what they don't like. Now, I'm not saying that Anthony Kennedy is my idol or anything because he's not, but I give credit where it's due (or try to), and he deserves credit for putting one well over the center field fence, as I've noted. Next time I'll discuss the KJ (Kennedy J.) function in the design flow of Totoware of the Judge Puty Project. I know I've detoured from this core mission, and I apologize. I have a lot going on, and I'm getting back to this core function as fast as I can.
BTW, in the department of never underestimating the Russians (and I never have), at the high end of the weaponry scale, there's atomic, thermonuclear, and then thermobabushkular. You don't want to get on the wrong side of a Russian grandma. Trust me.
August 25, 2020: Random (or possibly pseudorandom or non-random) thoughts
I'm building a mystery - at least for a little while. It's puzzle time. Sorry if you don't like puzzles, but I have to do this; I'll explain at a later date. Normally, I'll be Mr. Upfront with you (I hope you've noticed that), but I'm up against lawyers and their inside plants - judges - and the Dues Process. They have a huge amount of power. I'm not scared of them, though they've tried and will try harder to make me scared. Remember, I somehow survived three hours with the worst weather hitting me in the face - with my neck and back broken and legs broken and ankles shattered - as the rescue chief said: "I remember talking with other firefighters while we were changing my tire and freezing our behinds off, how you were able to survive receiving a direct hit from those freezing winds for as long as you did. I think there is only one reason.”
I've had 16,200 or so (plus 800 more in Kansas) additional guardian angels recently. Some people will laugh at such "peanuts." Not me. Thank you. All of you. I won't let you down, even if you mistook me for John D. Berman the math olympian gold medalist.
I started my blogs (click on the Scarecrow at the top) shortly after I filed my candidacies on June 1 and 2. I got this domain (john4midwest.com) on June 10. I started writing. Two months later, over 17,000 of you voted for lil ole me. I'm still shocked. But will always grateful, no matter what. I was never into writing rules or exercising "power," which is what one does in Congress. But, as I've said, I'm Super dee Duper upset and not going to take it anymore; and you know what that really means. You will not find a more determined and harder worker than I am, even though my nature is not geared towards "power."
It is the abuses - gross abuses - of power that got me into this: to fight those abuses. In 6th grade, we were the grade designated, "safety patrols," a white belt around the waist and over the shoulder and a badge. They changed the belt to fluorescent orange. That clashed with my fluorescent green socks. (This was 1968.) My mom found fluorescent orange socks on the dollar table at Korvettes, my haberdashery. The only other 6th grader at my bus stop was my neighbor across the street. I don't think she wanted the job, either. Neither of us was the "power" type. She went to Carleton College, by the way, and then became a pediatrician. That's taking care of the powerless. I thought Carleton was too cold. I was the safety patrol and wound up freezing to death after a plane crash. I guess the gods of the Northfield wanted to teach me a lesson.
I'm just playing my cards here as I think best. Right now a random (or maybe a little non-random) playing of cards is the correct strategy. (Pseudorandom is really computer term, and I'm not a computer (not fully, though I have a ton of hardware in me), so pseudorandom is not really applicable.)
This is about D.B. Cooper (no, I'm not solving that mystery). Cooper hijacked a Northwest Airlines 727. Northwest was a Minnesota company.
The Minnesota Supreme Court wrote: “The trial court determined that there was a wrongful abstraction of money from within plaintiff's premises or from within plaintiff's bank premises, and also outside the premises while the money was being conveyed by a messenger as defined in the policy.” “Defendant characterizes the hijacking as extortion, which is "wrongful" according to the definition of extortion provided by defendant. Thus, the hijacking was wrongful. The term "abstract" is defined in Webster's New International Dictionary (2d ed. 1947) p. 10, as 'to take secretly or dishonestly.' In light of the above-quoted rule from the Orren case it would appear clear that airline hijacking for ransom is indeed wrongful abstraction.”
That's public record from the Minnesota Supreme Court. You can put a few words in quotation marks and search for a phrase - like the bold-typed words. You folks are technically savvy; you know this.
The following are from Maryland's highest court (they call it Court of Appeals):
[W]illful misappropriation of the funds ... violates “Md. Rule 16-609 and section 10-306 of the Business Occupations and Professions Article of the Maryland Code, and is thus criminal conduct under section 10-606 of the Business Occupations and Professions Article of the Maryland Code.”
“An attorney or law firm may not borrow or pledge any funds required by these Rules to be deposited in an attorney trust account ... OR use any funds for any unauthorized purpose.” “ (Attorney Grievance v. Nussbaum, 934 A. 2d 1, 11 (2007).) “When it came time for Respondent to disburse funds from the escrow account to proper payees, he would "borrow" funds from other clients.”
“As a result, in finding that many of Respondent's escrow transactions violated MRPC 8.4(c), the hearing judge thereby determined that these movements of client funds were intentional.”
“Respondent's actions were intentional, not negligent. Given the Respondent's willful and intentional misappropriation of client funds over a period of two years, we are persuaded that the public only would be protected by the imposition of a sanction of disbarment.”
That's public record from Maryland's highest court. You can put a few words in quotation marks and search for a phrase - like the bold-typed words. You folks are technically savvy; you know this. You can also search on willful misappropriation embezzlement.
There will be other random thoughts. (Sorry for the temporary mystery. Can you solve the puzzle yet?)
Pretty random, eh? My knee made that dent, and I have the hardware and scar tissue to show for it. Gonna get it removed and scar tissue softened up when I can. I think it will help my time in the 100m.
August 27, 2020: Waiting for gODOT
ODOT is the Oregon Department of Transportation. I'm fine with ODOT, and I'm not waiting for them. That was a hook, sort of. I am waiting for another Minnesota poll, in particular on Jason and Tina. I told you (up the page here) that I think the Emerson poll was an outlier. The Eagan Patch has a headline (Senate Race: Tina Smith vs. Jason Lewis Now 'Toss Up'); then in the article, "According to RealClearPolitics, it's now considered a 'toss up.' A recent Emerson poll shows Smith up by just three points." The link to RealClearPolitics references the Emerson poll.
So Emerson's two-week old poll is the source (yep, I know how to do homework and not just take something at face value). It's not news. Nothing at all against the Emerson polling group, as I've written, but outlier polls happen, and the 2.5:1 Tina to Jason vote ratio is right there in the reality of the primary - not head-to-head, but all the same, read my post for my quick calculation.
Physics types always dig for reality. And they always know they can be wrong. Watch Feynman on the Youtuber. I quote him a bunch of times in my blog (click on Scarecrow at the top of the page). Towering intellect who cut through the baloney as no one else could. A comedian, too. And so much more. I met him once, and we chatted for about a minute. I didn't know who he was until over a year later. It wasn't about physics; it was about music and Alicia de Larrocha, in particular. I'll tell you about it later.
Polling a group (700 or a thousand or so, for example) people to estimate a universe many orders of magnitude bigger can get tricky. Yes, I understand the log curve and RSSing of standard deviations and the central limit theorem and the (weak) law of large numbers and convolving stuff to get Gaussians and diminishing returns and more. Physics and engineer types do a lot of statistics, with fancy words before and after "statistics;" and if I used any more fancy woids, you'd think I'm blowing smoke up you know where - the way lawyers do. So I won't. What I will always do, to the best of my ability, is give you the straight scoop as I see the scoop.
BTW, ODOT has quite a job to do, especially in the winter on the roads over the Cascades. There are some mighty beautiful winter scenes up there, and the roads have never been impassible, that I have experienced. I haven't driven over the Cascades in winter since I became a para++ and not sure I will. Getting stuck in winter in Oregon is no fun and very dangerous, as I'm sure Minnesotans know. But when one's not able to walk with any great competence, it becomes a different kettle of fish on a horse of a different color. Speaking of fish, Buoy 10 near the mouth of the Columbia has some spectacular scenery, as well as salmon. I'll dig out some pics for you. My kindergarten Christmas saw a Zebco 202 and 212 under the tree. I got the 202 since I was the little brother. White button. We were out Christmas morn in the deep snow casting our rubber sinkers into the trees and watching the snowy pads of white float down.
I've flown up and down the eastern side of the Cascades in winter a lot too, which can be dicey, but not so dicey as the western side, typically. While I haven't waited for ODOT, I have been waiting for some years for the Oregon government to get a clue, but no dice. Oregon government is a very good example of how not to govern. I was saying years ago that there would be riots there eventually. I'll tell you more later. Right now, I'm waiting for Godot and his MN poll. But that slow gopher ball is still coming down the pike to the batter's box, Tina and Amy. (Yeah, I know, "wing nut," "screw loose," "wacko." Calling right and wrong for what they are, I am.) BTW, here's my knee that hit the instrument panel.
What's On The Menu?
August 29, 2020: When you "drill down" (the new 'with it' 'phrasal verb' - I had to look up what a verb with an attached adverb might be called, and 'phrasal" appears to be it) into Tina's menu of actions items or just items, you get the Spam or Cheese-Whiz homogenized, standard stuff probably written by her staff but maybe by her. Spam and Cheese-Whiz were both staples of mine at one time; and I'm quite a believer in well-preserved food for myself, which I'll explain more about later; it involves living in my car. BTW, I'm thinking of moving to Austin, MN near the Spam Museum. It's also near Rochester and the Mayo Clinic, and I want to consult with Mayo docs on whether we can fashion a Spam substitute for my removed discs and perhaps other laminectomy-removed vertebrae components - like the back of them. I still have more than enough backbone, though, to represent you highly effectively - more so than Tina and Amy are demonstrating.
The professional cropping of this photo has in no way hidden any bulges that are frequently associated with other male bodies. The "V" crop is entirely consistent with the underlying reality of a well-controlled diet of Pepperidge Farm Double Nantuckets...hmmmm, cookie and burger.
"Hello, I'm Johnny Cash."
September 3, 2020 (entry #1): I first heard Johnny Cash after a cub scout meeting in 3rd grade. Pack 575. I think we were Den 3. It was "25 minutes to go" (apparently written by Shel Silverstein). We were Wolves in our cubby uniforms with patches sewn-on by our moms. I think some of the kids had gone home, but I was upstairs with our Den Leader and his son and maybe a couple of other kids, listening to the record player. Big glass picture window and Saturday sun pouring through; all my memories from then have sunny days. 25, 24, 23...
The NTSB narrative of my crash came out sometime in the past couple of weeks. I read it just the other day (and it's been my cross to bear and will be). It's very strange reading the last minutes of what should have been the end of your life, before you hit the ground at 127 knots (I don't remember any of it). I hadn't heard or read transcripts of these communications. The FAA Inspector said to me, when he came to my hospital room the day after I woke up, "you sounded like Chuck Yeager up there." I'd thought he was just being nice; and he certainly was, and is, a great guy (he was out of town when I was in Albuquerque the couple of times I've been there since, and I want to meet him over lunch and not a hospital bed): "The pilot subsequently transmitted that he was attempting to maintain altitude at 1931:41, 1932:02, and 1933:17. The final transmission by the pilot, recorded at 1933:17, was "I can hear you, sierra bravo, attempting to maintain altitude." At that point the airplane had descended to 6,800 ft msl and was 2 miles south-southeast of the crash site. At 1933:44, the final radar return was recorded about 1 mile south of the crash site at 300 ft above ground level (agl)."
It was a lot less than 25 minutes between the moment when ice crystallized over the entire windscreen, and I knew the music was over and I'd broken through to the other side - a dead man. (I describe it more fully, if you click on the Scarecrow at the top of the page.) My flight instructor and I had texted a week or so before about icing; and also checking out how (if) the plane would respond to "cross-control" - angling the plane so you can get some view ahead while looking out the side window. That's especially useful for a front-engine plane that's spraying oil on the windscreen. But my plane had a wing with low lift and low drag - designed for speed, a bit like a fighter plane. No flaps either. Great for going fast. Not great for maintaining lift when you might need to go slow and line up with runway lights distorted by ice on the windscreen. I had given this stuff considerable thought previously. That's why - in addition to feeling like a complete idiot when I saw the windscreen iced - I knew I was a goner and should have gone to Motel 6. Heck, even have sprung for the Super 8. I knew backwards and forwards to stay the heck and more away from clouds and icing. But daddy was a dum-dum, my daughter's accurate analysis of probable/definite cause.
The FAA investigator told me he'd lost a friend years ago on a western approach to Santa Fe. He said that to me in my hospital room. He also told me - a year after my accident - that he didn't want to tell me me what the Santa Fe docs had told him before they airlifted me to Albuquerque: that they didn't think I'd make it. He said, when he came to my hospital room, he couldn't believe I was awake and laughing, when the last time he'd seen me was with a breathing tube and in The Zone.
As I mentioned, when I was trying to find online the opioid dosage that induced respiratory arrest and not just "respiratory depression" (just a theoretical information-gathering exercise by the curious science nerd), I always kept my daughter in mind; and the rescuers I'd read about, out in what Chief Vigil had said was "brutal cold." With all of those heroes and the miracle docs and amazing nurses and sweet and wonderful techs - all pulling for me - I was going to keep on keepin' on.
And I remember the look on the investigator's face when he told me he'd lost his friend on approach to Santa Fe, but his smile and animation in talking with me about what I remembered. I wasn't going to let him down, either. These accident investigators have a unique kind of backbone, I think - looking at so many aftermaths. When I visited the rescue team in Santa Fe in March 2019, the two State policeman, who first found me, and the EMT who arrived shortly after, said they're accustomed to silence when they follow protocol of announcing their presence to a wreckage. They couldn't believe they heard a voice responding. Apparently I told them where the two batteries were in the plane, so they could cut the power for fire prevention. Talk of electrical stuff probably brought me back from the edge. Once a doubleE, always a doubleE. When I was a kid, the library banned me from checking out the ARRL Handbook any more times, so I sat in the stacks to read it.
I ain't gonna quit on this. A few weeks after I awoke from the coma, I got an email from some Minnesota lawyers, which began the path to the Minnesota ballot. The court systems are corrupt as all get out. It's the legal monopoly, the Dues Process. It's obvious, and I'll be showing you a lot more, starting next entry, which will be very soon. They're not fooling anyone, and they damage nearly everything in this country. Hennepin is one of the ground zeros (or maybe zeroes). Either way, these are your buds, Tina and Amy. Burke has said so, and it's no surprise.
In my "blog" entries (click on Scarecrow), there's Hansel & Gruntle - Disgruntled. The legal mob is going to stop its cheap, mechanical, dismissiveness and insults - like "disgruntled litigant" - and pay attention to those who matter: Mr. & Ms. Peebles and Congress, the Big Magilla. You won't get this from Tina and Amy. They are part of that crew. George Floyd wasn't. He was disgruntled.
Agonal respiration: An abnormal breathing pattern originating from lower brainstem neurons and characterized by labored breaths, gasping, and, often, myoclonus and Grunting. ( https://www.ncbi.nlm.nih.gov/medgen/746160 ).
wheezing, gagging, Grunting, death rattle ( https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5634247/ )
George Floyd didn't get a chance to litigate his §1983 claim and be called a "disgruntled litigant."
The Disgruntled George
September 3, 2020 (entry #2): "In that enormous silence, birds were waking."
I'm adding another Legislative "plank" in my "platform" (I'll recap here, in a day or two, the several planks already nailed down, but they're in my blog; click on Scarecrow; and I'll state the Disgruntled George Legislative plank).
I'm also adding it as Fundamental #3 (Fundamentals #1 and #2, up the page, are the Homer-000 and the Pumblechook.) because it deserves two spots for proper recognition. Fundamental #3 is the Disgruntled George. Completely different from Curious George. It is extremely important. Fundamental #3 - the Disgruntled George - is unlike the previous Fundamentals, which were intended to be humorous with a serious overtone. Fundamental #3 is completely serious.
At the end of my last entry were a couple of citations to our National Center for Biotechnology Information , hosted by the National Institutes of Health, describing Agonal Respiration and a "grunting" sound also called the "death rattle." Also described by a fat guy who wrote too much and needed an editor and died at age 38: "As they entered the room, they heard, like a faint expiring sigh, the final movement of breath. The rattling in the wasted body, which seemed for hours to have given over to death all of life that is worth saving, had now ceased."
Actually, it was a fake-out. The death scene went on even longer. It was a very hard read for me in high school. Not because it was long, but it was terribly sad. At the end of it all, there, "In that enormous silence, birds were waking." Repeated several times. "It was October, but some birds were waking. George Floyd's body was not in the least wasted when he became gruntled and then disgruntled and disembodied. Then singing birds take flight with the soul.
Speaking of birds at morning. I've been trying to get my daughter interested in the flute. In a few days, I'm going to play for her the recording of Daphnis and Chloe II, so she can hear the flutes (and maybe a piccolo?) for the birds at sunrise, and then the famous flute solo. William Kincade of the Philadelphia was the flute I listened to over and over, along with those strings.
So even when a child dies, the birds awake the next morning to sing and take flight. A month ago, my daughter said she wanted to learn the trombone, the violin, and the piano. I asked her about the trombone, which I thought was especially novel and neat. After some discussion, she realized it was the saxophone.
I didn't "get" the saxophone when I first heard it up close in 4th grade "band." I was playing the clarinet. One kid, whom I knew quite well - we became model-rocket cohorts in 6th grade, and he asked me to bring the Strange Days album over when I slept over once, while we were building rockets - was playing the sax. I finally "got" the sax when I heard Every Day With You (Classics IV) in 5th or 6th grade. Made complete sense then. Smooth happiness. As the child, Ben, was dying with the death rattle, his mother, "Eliza staggered, and fell against the wall, turning her face into her hand, with a terrible wrenched cry: 'O God! If I had known! If I had known!'" Lonnie's Lament.
Six months before the Garbage Cop arrested me, the Garbage Cop said to me, on the phone, "You must always tell a mother where her child is." I heard that and knew how things were going, basically. Juvenile cops (and juvenile judges) know-it-alls don't have the perspective that science and engineer types get from the lab (or that mechanics get from troubleshooting engines and other equipment): that making assumptions leads to "gotchas." You need to throw out all assumptions.
Among other things the Garbage Cop's ego and presumptions didn't allow her to consider was that maybe I knew very well indeed how a mother feels about her child. At age 2, my dad contracted polio, and it left his right arm shriveled and about 2/3 to 3/4 the length of his left arm as he grew up; and the polio left his right chest area atrophied. My dad told me that his mom took her little boy to every doc she could find in Philly, as she desperately searched for some cure for his right arm that he couldn’t move. She finally found one who performed some surgery (1919 or '20 style) on my dad’s shoulder. It left it a mess. Scarred skin and bone, nothing more. Near the end of her life, when I was in 5th grade, my grandma was crying on my dad's good shoulder. I've also seen my mom crying over my brother. I have some familiarity with mother's crying over children, having tried to make things good. "Eliza staggered, and fell against the wall, turning her face into her hand, with a terrible wrenched cry: 'O God! If I had known! If I had known!'"
This is on the public record in federal court in San Francisco. Not that particular exchange with the Garbage Cop, but ones surrounding it, between me and the Garbage Cop. It's available for free if you don't download too many pages in a three month period. (Same deal for what's in federal court in Minneapolis.) I was, as a matter of fact, taking my daughter to the town where her mother was and had texted that to her mom. Not the town of the Garbage Cop. I even stopped at the main police station of the destination town to let them know that I was there and was taking my daughter to Denny's for dinner and had previously filed for 50% custody in the local court and had the petition in my pocket. The dispatch lady said that was fine; that their police department didn't get involved in custody matters, so long as the child was safe. If there were no court orders, they stayed out of it.
Seven weeks later - completely separate from all this - I was falsely accused of domestic violence. The judge, after 2 half-days of a trial, said so, "as a matter of law," which means that even if the accusations had been true, it still wasn't domestic violence.
Three weeks after that, I was arrested by the Garbage Cop - someone who thinks she's a superman-woman who is the "Great Protector." As I said, people in power, especially judges and cops, who do not know how to throw out all assumptions - the way the lab and the shop and the garage teach people with their hands on the electrical and mechanical stuff - are very dangerous.
I can't find a saxophone rendition of, I guess I'll go eat worms. Maybe you know of one? But soon I'll show you the bodycam video and audio side-by-side with the "police narrative." You can decide for yourselves if the arrest was (cross out those which do not apply):
A) Consistent with the Fourth Amendment's "right of Mr. Peebles to be secure in his person against unreasonable seizures, which right shall not be violated but upon probable cause."
B) Consistent with the Fourteenth Amendment's protection of "the fundamental right of parents to make decisions concerning the care, custody, and control of their children."
As I've mentioned, a (guy) nurse in the ICU (I had been sent back to the ICU, a couple of weeks after I woke up, for heart racing - yes, I made the jokes), who was a Vet and had counseled Vets on PTSD, told me that's what it was. We were talking about how, at 9000 ft up, I suddenly knew I was a dead man. The hallucinations, too, while I was in the coma for 2 weeks. He said that you never forget the images and feelings, but you learn how to deal with them. I told him I suppose so, but Vets - who've been in foxholes or were just standing there when an acoustic shock wave shifted their grey matter - had real PTSD. I'd deal with it, but I very much appreciated his concern and counseling. He also told me to "journal it," write it down. It will help you, he said. That's what some of this is.
To the Vets in the news today (who have PTSD, and I don't doubt it) who are getting hot under the collar about the "anonymously-sourced" article in the Atlantic about DJT's supposedly dissing the military - I say, Don't Be A Sucker. You were on the battlefield and are paying the price in PTSD. I was at 9000 feet and knew I was a dead man - twice, the second time in a near vertical dive with the AI hard down at night, with ice, with mountains only 1500 feet below. I'm not scared of any anonymous sources. They should show their "courageous" faces. You, Vets, should not be scared of them either. Biden and his running mate are lawyers. Those endorsing them and dissing DJT are lawyers and D.C. insiders. Don't be a sucker.
You want un-afraid representation in Congress? I'm your guy. Don't Be A Sucker.
Fundamental #4 comes from a show called Dark Shadows. I first heard about this show when kids - especially older kids - were talking about it at the neighborhood swimming pool. I'm pretty sure this was when I was in 6th grade. Because older kids were talking about it, it sounded very sophisticated. I watched it almost every day after school for a time in 7th grade. There was a big, spooky house that needed a lot of work, especially in its abandoned wings - East, West wing whatever they were. And there were kids who foolishly went up the flight of stairs and then crossed to the left on a landing, and, then opened the door to the abandoned wings, which had cobwebs and a lot of clutter and sometimes a jilted old lady in a wedding dress with a face that could stop 13 clocks.
This lady would put head trips on the younger generation. So who needed all that? Especially with all that home maintenance, something that has never been my long suit. I could never keep up with it.
This is why I simply do not care one whit how many rooms or wine caves or hotels or islands with hotels someone has.
These things all require maintenance that either I would have to do, or I would have to hire someone to do. Neither of those things appealed to me, especially since 1) mowing lawns in awful heat and humidity was the way for a kid to make money back then where I lived; and 2) I don't like managing people. As I told you (up the page), I was a reluctant safety patrol in 6th grade.
And if all that wasn't enough with this Collinwood mansion, the house had vampires too. I sure didn't need those. There was one vamp, though, Angelique. A real babe. Even as a corpse, she was drop dead gorgeous. I think there was a spike 10 years later in dental school applications from boys who had wanted her impressions. Bicep, deltoid, pec...not so keen on hickeys and extra careful otherwise.............
As far as I was concerned, all I needed was my little bedroom with my model rockets and car models and stuff. And if I felt nostalgic, I could get out my stuffed animal toys and Bop the Beetle. Besides, if a vampire appeared, I knew how to put the English on the orange Bopper stick and get a solid line drive with the blue or orange beetle. And my friends and I had discovered there was real silver in Testors silver model paint. So if I'd wanted to, I could paint a beetle silver and Bop a line drive into a vamp to stun him, and then finish him off with a wooden stake. I had it figured out.
Angelique’s in the Rock and Roll History Hall of Frame, too. Along with Three Dog Night and Lord Acton (click on Scarecrow). She sang backup with the Pointer Sisters on Fangomatic.
Having lived several hundred years (and aged extremely well, considering), she has a sense of the sweep of history. She branched off into her own genre, starting The Biting Blondes - Punk or New Wave, one of those.
Guilt By The Association
September 5, 2020 (entry #1): I'm almost ready to start hitting really hard. The four Fundamentals are in place: the Homer-000; the Pumblechook; the Disgruntled George; the Collinwood. There is another thing, which isn't a Fundamental - Fundamentals are applicable everywhere - but it is applicable in politics. First, I'll tell you where I was on December 8, 1968. I was watching The Association on the Ed Sullivan Show.
Along Comes Mary had the best opening riff I'd heard, and I was anxious to see it live. I just remember the image of them on TV. I don't remember anything about the performance. Watching it on the Tuber now, I think it's a really good performance. Different from the studio and nicely varied.
Whenever it was that kids started talking about the lyrics and the (supposed) "drug" meanings, I didn't feel really "guilty" because I didn't pay that much attention to the lyrics anyway. I think I might have felt a little guilty, though. The music was really interesting and what I focused on, but a friend of mine told me that he felt guilty for liking the lyrics but then finding out that it was "about drugs" (or at least that was the talk). I don't think we really knew what "drugs" were, exactly. I had heard of, "smoking bananas," but that was about it; and I wasn't even sure how one "smoked bananas." I'm still not and don't want to know. I didn't say it - or think of it - at the time, but it was guilt by The Association.
In politics, which includes judges and lawyers and prosecutors, there is definite guilt by association. In many other situations, such guilt isn't fair or right, but in politics and the courts, it is absolutely fair among judges and lawyers (and of course prosecutors) . There are definite degrees of association, though, when it comes to lawyers. As I've mentioned, anything that has to do with government regulations - patents, tax (especially corporate tax), a lot of corporate dealmaking, immigration, aviation (there are others, I'm sure, but these are what come to mind) - is actually very complex. And they are not scamming regular people. In fact, they provide, generally speaking, good value. (Lawyers who don't know me - and maybe some who do - can take their shots whenever they want. We're in a public forum.)
The real scammers work with trusts. Civil litigation, generally speaking, has many scam and incompetent lawyers. But the trust industry is where the real scam action is. The trust industry is doubly a scam because not only is it easy to scam and done so in droves, but the appeals court and high court judges write the biggest whoop de doo about how trusts are sacred, etc. That is what led me to the ballot. It's time to start assessing some guilt by the association with rotten lawyers and judges. And there are loads of them. And they've ruined a lot of this country.
The Dear Alphonse
September 5, 2020 (entry #2): In the same vein as Guilt by the Association, I want to lay out one more principle: The Dear Alphonse. This is the basis of lawyer talk. It is not a principle you want to follow. You may recall The Dear Alphonse from 10th grade English. It was between two kids - I'd guess somewhere between 4th and 7th grades - who were having fun using excessively-formal talk that they believed made them sound sophisticated while they were pretending to run their toy tank treads over South Sea islands, wreaking destruction - which happened to be on the WW II enemy. This was during that time, so such destruction was called for because there certainly was an enemy that needed destroying.
The real point of the story was presumptions (not bigotry per se) about race, but I'm focusing on the kids' pretending to sound sophisticated with what they believed was highbrow lingo. So the highbrow lingo that lawyers use, which for the most part is really just jargon, and jargon in any field has its legitimate purpose up to a point (less so with lawyers). BTW, The Dear Alphonse, in my 10th grade, came as a Shirley Jackson twofer with The Lottery, which was about Earth Day back when it was geolithically-oriented rather than the more modern biologically-oriented context.
So lawyer talk starts with the Dear Alphonse. Then they add a little Latin or Greek and very soon get to cerebrum-in-asinus or cephalo-in-gluteo. I'll be showing you some outstanding examples of this soon.
You know, physics/engineering types are typically cautious about making predictions, and generally speaking, I'm that way - certainly in public. I'm going to go out on a limb and say there's a very high probability I'm going to slice and dice these inflated creeps and feed them to the fish down low. And it will start tomorrow.
Minnesota passed its "police accountability" act near the end of July. That's fine. As I wrote up above on the page, "Totoware, Your 'Police Reform' Legislation Won't Work Without It." You must get the courts to actually do their job. They won't by themselves. You need helicopter parents for legislators and in Congress to keep the courts in line. They have forfeited their "independence."
I'll say one more thing about jargon. It definitely is useful in science, engineering, and other hands-on real world jobs because it shortens the descriptive process while keeping everyone on the same page. Jargon (official nomenclature, actually) is essential in airframe and powerplant applications because you need to be very specific and can't talk about the thingydoodle. Everything has a name in an aircraft because everything has a function and must function correctly - though pilots make do all the time. But there can be really big disasters and liability, and you want to make sure that everyone's talking about the same bolt.
I'll say yet another thing about jargon. There was a fellow named George H. Heilmeier. He's on a several very exclusive lists including that National Medal of Science and the IEEE Medal of Honor. I was at a talk he gave in the early 80's. Very interesting, and I have the slides, on paper, from the talk in a big box with old photos and projects from elementary school that my mom dumped on me; but for the life of me I can't find that box. I'm staying calm, but I'm not happy about it.
Anyway, I spoke on the phone with him several times. In fact, I had exams, including oral exams, in front of a number of people on those lists. There's something called "Heilmeier's Catechism: A set of questions credited to Heilmeier that anyone proposing a research project or product development effort should be able to answer." This is from the Wiki. The first line of the catechism is, "What are you trying to do? Articulate your objectives using absolutely no jargon."
There are times when jargon - and that goes 10x for the Dear Alphonse - needs to be tossed. In order to solve real world problems, so we can have transportation, communication, medical care (the three real biggies) and protection (defense), there are times when you must go back to square one and explain things in fundamental, absolutely-understandable terms in order to get to the root cause. You need to toss out the jargon, the Dear Alphonse, and the cephalo-in-gluteo that can come with it. And with lawyers it always comes with it.
A Jolly Good Brilliant Fellow
September 6, 2020 (entry #1): Before I sail into the judges and lawyers, I want to talk about the opposite. When I came out to Mythical Magnate U near the Western Sea (my dad was a writer and would sing a lullaby that went, Blow, blow, blow the wind, wind of the Western Sea…which is from a famous poem I learned decades later), there was a jolly good fellow there. In my book, I describe him: “there was a singular moment in time when the cosmic swirls of “brilliance,” “jolly,” “friendship,” “fatherliness" and more were in confluence; and his name was Gordon." You could not find anyone like this guy in any dimension (or future dimensions, if required) of the multiverse. In Bel Canto singing, there’s the chest voice and the head voice, which are imagery for a loosely scientific - but I think valid - description of how you get resonances in you to shape the tone (and to some extent the volume) of a singing voice. There's frequently a description of a singing voice “taking flight,” and those words say it all about Gordon's voice.
Gordon’s voice was a rich, fatherly baritone combo of Australian and British (where the Greek math variables, beta and theta, were a little bit beater and theeter) but when he smiled and laughed, which was nearly always, his jowly face would get more jowly, and his voice would take flight with some falsetto in his uncontrolled, full-spectrum laugh. Infectious jolly. You could not be around this fellow and his smile and laugh, and not be lit up by him. And when something in the lab didn't go right, he'd say, "we're only human;" and he'd tell some self-deprecating anecdote with, "the story of my life" at the end, and always with a laugh. There are certain people who are that way, and when you combine all that with his brilliance and his fatherly hand on your shoulder, there was no one like him - past, present, or future. I am quite sure of that.
He died a few days after my mom did, I learned later that month. I also learned, that same month, that a young fellow - Travis, another great fellow - who had been my boss for a year and a half on a contract, had died after a pancreas peek and shriek a year prior. In my hospital bed, I wondered if the combination of hypothermia at 9000 ft - and the addition of recent thoughts about the departures of my mom, Gordon, and Travis - created a mix that contributed to my plowing ahead after I had once, briefly, probably touched the bottom of a cloud, and I queried ATC. ATC told me "Tucumcari to your left," as I saw its lights and apparently made a descending 360, which I didn't remember until the NTSB told me about it. I later found it on my cellphone navigation app's stored data track and emailed my data to the NTSB (to add to theirs).
I should have continued that descending 360 into a diversion to Tucumcari because I knew darn well that when you're not sure what's going on or where you are, you'd better get down on the ground asap, with landing gear extended and on a runway, rather than the hard way. But instead, I plowed on into the night and what became ice. I wondered, from my hospital bed, if the hypothermia and regrets about not having said proper goodbyes kept me plowing on into the night. Note to everyone: say proper goodbyes.
Jeffery Goldberg , Atlantic, Fraud.
September 6, 2020 (entry #2): So I was just watching Jeffrey Goldberg at this link, https://youtu.be/2lRyVzHdtfo . People who are making it up as they go along tend to slip up. Goldberg is no exception. In response to the CNN lady's statement that bad visibility would make it imprudent to chopper the president in France...and that the ceiling was not too low to fly marines in combat, but too low for the president - Goldberg said:
"I've heard from people in the pentagon. Marines who were a bit insulted that marines couldn't fly a helicopter in the rain."
Some of Goldberg's unassailable sources, no doubt. First of all, a pilot can fly in rain, provided the visibility isn't below minimums. And ceiling is different from visibility: it's the altitude above ground level where broken or overcast cloud cover begins. So even if Goldberg did speak with a military pilot, he is not an accurate journalist, because no credible pilot would confuse, "fly in rain," with visibility and ceiling. It is more likely that Goldberg is making it up as he goes along. You know, add a little "macho" as a compensatory mechanism.
I don't know what weather limitations are placed on helicopter-piloting in combat, but there are always limitations. The military does not write regulations that send a pilot and aircraft to certain destruction. You can search for the expression about no old, bold pilots. No pilot flying under FAA civilian regulations - and that must be a minimum for flying the president safely in a non-emergency situation - would say what Goldberg said.
I'm a pilot who apparently flew through an "ice storm." I don't remember saying that, but the rescuers said I did when they found me. I do remember pulling the plane very quickly out of a very steep dive with ice on the airframe, at night, with mountains less than 1500 ft below - consistent with the official flight track the NTSB emailed me. Search the page above for "steep dive."
Of course I was never a military pilot, but I did work, when I was at the Institute for Defense Analyses, with a former marine fighter pilot. He would say - when we discussed "terrain following," which fighter pilots do with the plane upside down so they can really see the terrain - "if I die, I want to do it killing the enemy." He knew something about risk/reward in combat or training for it. When someone didn't know what he was talking about, my coworker didn't hesitate to make the observation, "That guy is full of shit."
I'm waiting to see whether a current - or more likely former - military helicopter pilot has an observation about Goldberg's supposed, "Pentagon source." What the president said about "flying in the rain" was from a non-pilot who would not be expected to distinguish among factors like ceiling, visibility, and rain. The most likely inference is that Goldberg is making it up as he goes along; and see above for an equivalent observation.
(Apparently Chesley "Sulley" Sullenberger - pilot extraordinaire - has been suckered by Goldberg and the D.C. mob. He should read above. The issue is Goldberg's credibility (= ~0, based on the above) and therefore the credibility of his sources. They are related; see Guilt by The Association, above.)
September 9, 2020: I wrote an entry for September 7, then 8, but ashes falling all over the West Coast and orange skies disrupted my planning. I'm not running out of steam. Not at all. Natural disasters have a way of upsetting one's plans for the day, that's all. I will have a full entry here later tonight or in the wee hours of tomorrow, depending on my eyelids.
There was a song, Orange Skies, by a band (group, combo) in my 4th/5th grade nebulosity, called (inventively) LOVE. I just listened to the song on Tuber for the first time since back then. The song is pretty much the way I remember it, as heard now by my 50-year+aged ears: a companion to Lisa Simpson's Non-Threatening Boys Magazine. Actually, it does have some harmonic ideas. I confess my ignorance about LOVE. That album runs together with Cartoone (apparently Jimmy Page was a "guest artist on that) and its tracks that I remember much better than LOVE's: "Toby Jugg," "I'll Stay," "Ice Cream Dreams," and probably others I'd remember if I heard them again.
Apparently Arthur Lee had really bad final years and an end. As a curly-head, I remember my envy of LOVE's straight moptops, including Arthur's. Not sure how he did that legitimately, but I'm not a hair expert - then or now.
I will make one quick comment now on what I read: Carl Bernstein's comment that anonymous sources have always been a part of reporting.
Ok, Carl, but your anonymous sources didn't suddenly appear in concert in September 1972, two months before the election, did they? You should consider that in conjunction with D.C.'s all-in, off-scale antipathy towards DJT - when you're evaluating objectivity and credibility, which your inherent journalistic skills do automatically.
Sorry, I'm shouting in print. What is really going on here, Carl, is a full frontal assault by the D.C. establishment against The Disrupter. (Jim, every cell in his body's been disrupted.) Yes, Carl, you and Bob, releasing his book two months prior, are now the establishment and not the renegades - in case you weren't aware. DJT disrupted your D.C. establishment, and a two month lead is the strategically-opportune time for DJT-Day on the beaches. Like Duh.
Burke - The Clockwork Orange Judge.
September 10, 2020: I'm going to try to hit a few points as quickly as I can, given the parade of things going on. I'll go into more detail in follow-up entries.
I quickly wrote and sent a letter two days ago. It was short, and it summarized something pretty well. I plan to show it to you relatively soon. I apologize for my times (like these) of crypticness, but as I've said (and is obvious), I'm up against judges and lawyers - a group given royal, above-the-law treatment (literally, they commit flagrantly criminal acts and hardly ever are on the hook civilly or criminally; and all lawyers know this) and whose abuses of power have grown, particularly since 1983 and the D.C. v. Feldman decision. So I'm playing my cards as carefully as I can.
BTW, Google Analytics gathers data, though its process has holes; and I'm pretty confident - and proud and pleased - that my web traffic has been strongly skewed by the younger side, which means the technically savvy side. So my readers can Google-search stuff like Feldman and don't need links or to have everything explained in great detail...at least not at every occurrence. Technology is always about efficiency, to some (large) extent, in getting the point across; and my relying on intelligent readers to take the initiative to make a Google-search here and there, is an efficiency enhancement for me. One reason why "the wheels of justice grind slowly" - to the extent there's any justice at all - is that court systems are technologically primitive. I'm not talking about electronic filing. I'm talking about factual and legal analysis and decision making. This primitive, non-tech process helps the courts heighten the Dues Process (the money flow facilitated by the legal monopoly and "reasonable attorney fees) and not on actual efficiency, which always involves technology.
The result of this poor facsimile (at best) of justice is frustration and often rage from many people - though most are not aware of the Dues Process as the root cause. It is the root cause behind George Floyd's death. (I recap things from time to time because Google Analytics always shows a good percentage of new visitors; and my sites are not conventionally "organized" if that's even an applicable word. But there is a bit of a method to my "mad" approach.)
I have particular familiarity with the court systems in Minnesota and Oregon, where there has been extensive rioting. I also have particular familiarity with the Maryland court system where there were riots in 2015 after Freddie Gray's death (but in fairness to Maryland the recent protests there were peaceful; yes, I'll be fair to Maryland, even though it is likely one of the most corrupt and thus unfair states). I believe it's no coincidence that Minnesota and Maryland have had particularly egregious deaths of people in police custody. The court systems in those states have outsized corruption. In Minnesota at least, that corruption is worn on the courts' sleeve. They are amateurs. Maryland's courts appear to be more professionally-seasoned with their corruption and are not quite so obvious as are Minnesota courts. But Maryland corruption is plenty obvious once you're into the system and see the drill.
I wrote a third email (this one very brief) yesterday to Governor Hogan (of Maryland) and his staff and a couple of others. I'm going to write a similar letter to Governor Walz, shortly. We'll have a "race to the bottom" (or top if you're a proponent of corruption.)
Even leveraging technology, I've taken my time about getting my points across because I need to build my case in a varied and thorough way, as carefully as I can, with a lot of substance behind it. I'm going right into the face of extensive and powerful corruption in the courts: the Dues Process, the money flow, which is about giving those with mediocre (charitably) problem-solving skills - those who are weak in the hard sciences - a form of "super welfare" contingent on just several years spent on a J.D. and bar exam. They are not going to relinquish their monopoly with out a fight. The Dues Process is their lifeblood. It allows these mediocre types ("polysci" types, I call them), who would aspire - absent their JD - in their wildest dreams to a community college position (and they would need a master's degree even for that). This monopoly - like most any monopoly - gets abused. The abuse of the Dues Process has had hundreds of years to build on itself, and in 1983 the Feldman decision created a heel in the curve sending the abuse on a new, more steeply-upward trajectory.
In 1996, Congress passed an "Improvement Act" to the federal courts. The 1996 Act added some very important language to the 1871 Civil Rights Act. That language has been all but ignored by the courts, and I have a demonstration in progress right now in Minneapolis federal court and the 8th Circuit federal appeals court, which is in Minneapolis too.
In any event, I have needed to build my case in a varied way and as carefully as I can. I have needed to set down a strong and extensive foundation - not the spam/pablum from Tina's "Minnesota Way Forward" on her site. But I'm going to tighten things up (at least as best as I can) starting now.
One of the points in my letter the other day (not to Hogan; I'm talking about the letter I mentioned initially here, which was to a Minnesota group) concerned this judge, Burke, in Hennepin. I have a blog entry called Kevin the Menace (https://bulloney.com/f/mr-floydmeet-judge-kevin-s-burke-hennepin-co-minneapolis). I'm going to call Burke the Clockwork Orange judge. Apparently he's retiring at the end of this month. He says it's due to mandatory retirement age, and maybe it is, though I'd be curious about a couple of things on that. There are more curiosities about this guy, too. And there are a number of things that are obvious and old hat - going back to the elementary school playground, which is Burke's functional level.
Many judges have a juvenile mentality (and I'm an expert on that, but I control it, more or less; and I have no power to abuse, so it doesn't matter). Where were these judges on the playground? Were they with the "mother may I do umbrella steps," crowd? I'm serious about that question, though I won't get into the thick of that right now. I do really wonder about the history behind the kind of personality that gravitates towards being a judge, especially in the current system. The typical judge personality - generally speaking - is obvious: someone who needs to compensate for something. Maybe the seed was sown in elementary school, which I think is the most common time for it, among judges, but I don't really know.
One thing that is near-universal among trial court judges is a basic misunderstanding of what "discretion" means. What shocked me was to read a gross misunderstanding of the MN appeals court. And there's at least one big issue in the MN supreme court, which I discussed in Kevin the Menace.
I've mentioned that Burke has a split personality. (And yes, regular people without "training" in the "mental professions" can easily identify this and some other, but not all, disorders; heck, dogs are the best psychologists, with their tiny crania attached to the wagging or straight-up or between-the-legs indicator; they can accurately identify in seconds all sorts of things.) Burke is important because he's been hanging around Hennepin for something like 35 years as a judge. He also did two extremely bizarre things: 1) he as a judge, personally, defended an appeal of his actions as a judge; and 2) when he lost that appeal, he took it to the MN sup. ct. Not only that, but the MN sup. ct. actually overturned the MN appeals ct., and used "reasoning" that was out to lunch. It's unusual for any supreme court (US or state) to overturn an appeals court, to begin with. I believe it is virtually unheard-of (I can't find any such occurrence) for a trial judge to participate in an appeal of his decision. I believe a trial judge has never then taken an appeals court loss to (or been involved as a party in) the state supreme court. And never mind anything like that, federally; the US Sup. Ct. would do everything it could to get rid of such a federal trial judge. Burke and MN courts of review (appeals court and supreme court) are bizarre.
Apart from all this, Burke is similar to the Clockwork Orange "Singin' In the Rain" scene. You take the iconic scene of "niceness," Singin' In the Rain. (This is Burke's "Minnesota Nice" side, which he displays on the Twit-thing.) Combined with that, in Clockwork Orange, is the polar opposite: rape and mutilation. This is what Burke does not only to the law but to simple decency. This is evident even if one knows nothing about any formal legal principle involved.
Burke shows that he's both a know-nothing legally and a fool, and also someone who rubberstamps cruelty as coldly as any torturer/murderer in history. But just so I'm extra clear: I'm not suggesting any literal rape, mutilation, or murder by Burke - only figuratively to the law and decency. I am, however, very much talking about the reality of Burke's rubberstamping my torturous pain (which could have and should have been easily prevented) as "nothing more than carrying out the process to its authorized conclusion."
There are examples of sociopathic, unconscionable, or other aberrant behaviors we know about. Needless to say, Carlos Devadip Santayana is also in the Rock & Roll History Hall of Fame. Here, the Children's Highlights hidden picture is that Defarge lady, with the magic sticks. You know, "knit one purl two, gotta get my Ginsu too." That was the Ginsu I. The Ginsu II didn't come along until a couple of hundred years later, the 1970s. In my book, I calculate the cost, in today's dollars, of a guillotine. It was pricey (or "spendy" as they say around Portland, which is having a really bad time now, so I'll be putting off, as long as I can, my criticisms of the Oregon court system and government generally). Also, just so there's no misunderstanding about the Defarge lady and her Ginsu/guillotine, I do not support violence as a solution to these problems. You can search for "Amendment 2" on this page and read up above what I wrote. (BTW, one reason I'm writing everything on one page here is to make it easy to search for terms I reference.) The guillotine and other tools of Mme. Defarge's day were old technology. Our modern technology - such as what I'm doing now - is the correct and up-to-date way of attacking problems. There's also the Bobby Fischer factor, which I'll be cryptic about and explain another time.
Okay, so as I was saying, illustrated above are examples of sociopathic, unconscionable, or other aberrant behaviors we know about. Burke copies long passages verbatim from his cronies and ignores everything else. This illustrates his complete absence of knowledge about very basic legal principles and incompetence as a judge. A real judge (and there are some) is supposed to weigh things in a balance and recite what he's weighing. (And a computer can do this for a wide variety of cases, which is my Judge Puty solution.) Burke is not a real judge and is so far being from a real judge; and makes this more obvious than any "judge" I've ever seen. Burke was the first shocking and strong indicator to me, last Feb. 10, that there's something terribly wrong in Hennepin. Secondarily - apart from his abysmal legal ignorance and incompetence - Burke is an unconscionable dictator, a moral monster. And I'm not at all a so-called "bleeding heart liberal;" or a liberal at all, certainly by today's definition. But Burke is simply appalling, both morally and functionally as a judge. Here's what Burke told Dorothy in the case In Re Toto II :
"Ms. Gale is self-represented and arguably disadvantaged in litigation against an experienced trial lawyer when the germane issue is civil procedure. Having said that, Ms. Gale is a very thorough writer – indeed, more thorough than some lawyers who have appeared before this Court. However, it is clear Ms. Gale has not had the advantage of legal training and has not been advised on the rules of civil procedure. As byzantine as civil procedure can be, Ms. Gale’s claim against the Defendant has been litigated sufficiently in other courts. This case is dismissed."
Dorothy gave this idiot Burke a piece of her mind, just as Aunty 'Em gave Gulch the what-for (Gulch v. Gale, In Re: Toto I) when Aunty 'Em came back into the living room, after she had reconciled her Christianity with what needed to be said.
(You can read more at https://bulloney.com/f/compare-and-contrast-assignment-for-minnesota-legislature )
Sure, there are outlier judges in plenty of counties and review courts (appeals and high courts), but Burke is unique. In other courts, judges talk among themselves, of course, and typically have ways of putting a leash on an outlier judge. (I could give an example in the 9th Circuit appeals court (no, not Koz), but I need to think about how to say it.) Not only does Burke write like a high-school student trying to sound like a judge, but he's a phony on everything else, including the law. He's not a fraud because, even though the intelligence threshold for fraud is very low (a fraudster needs to be able make some basic calculation in order to have fraudulent intent), Burke doesn't meet even that threshold. He's just a fool. This is not simply empty name-calling, the kind that Burke engages in. I will show in detail, in entries here soon, why my statements consist of fact and my well-considered opinion.
Burke is just as much of a miscreant as are his cronies, and he's totally upfront about it because he's just clueless. To what extent he's manipulated by his cronies, I don't know. He doesn't do this for money, I'm quite sure. He's a social climber. A name dropper. His raison d'etre is saying on his Twit-thing: So and so is a friend of mine...which he did with Senator Amy (no surprise) and then deleted it. Social-climbing and name-dropping are no sins, of course. The problem is a judge displaying this publicly. You need to ask yourself whether this guy is an outlier or is mainstream in the Hennepin court. Is Burke and out-of-control one-off in Hennepin? Based on his reception in the MN appeals court and supreme court, he appears to be mainstream. This is why I wrote in my petition to the MN sup. ct., last April 15, that Hennepin is a "military regime," an accident waiting to happen. I'll be more specific soon, but I'm trying to cover a lot of ground here as quickly as I can.
About John: Engineer - electronic hardware design and test; MSEE Stanford/Ginzton Lab-applied physics; B.A. Oberlin College, physics, math. email: email@example.com .