Thursday, April 30, 2015

CHIMPANZEES ARE PEOPLE TOO

It had to be expected after the U.S. Supreme Court decision in Citizens United. Remember the decision. Corporations are people too. Poor decisions open the door to bad law. Law School 101.

Several lawsuits have been brought in New york State in recent months to have chimpanzees declared "persons." Once a chimp is a person, it has the inalienable rights of life and liberty.

Do not think such a result impossible. The Dred Scott decision in 1857 said Negroes were slaves. Neither person nor people. There was a time in history when women and children were considered property. Then, the Citizen United decision.

Leading the fight is Stephen J. Wise, an attorney and animal rights advocate. He has been at it for 30 years. Only recently has he minimally tasted a degree of success.

Chimpanzees are part of the Great Ape family. Part of the biological family Hominidae. The Great Ape family consists of humans, bonobos, chimpanzees, gorillas, and orangutans. Note humans are included. All have two similar characteristics. They are intelligent and autonomous.

Though not part of the Great Ape grouping, elephants, whales, and dolphins are also considered intelligent and autonomous.

I suspect Attorney Wise has proceeded thus far only on behalf of chimpanzees because such "clients" were readily available. Success with chimpanzees would eventually lead those others named being considered persons also. One animal/fish at a time, of course.

Four chimpanzees and three lawsuits thus far.

The first involved Tommy. A 26 year old chimpanzee. He resides in Gloversville, N.Y. in a small shack owned by a man who sells and rents reindeer. Tommy's room is a small concrete cage in the shack. The shed is located on an old trailer lot.

Tommy's owner says he is well cared for. Tommy has a colored television set.

Then came Kiko. A former Hollywood performer. He was known theatrically as "The Karate Chimp." Kiko is owned by a New York couple and lives in a cage.

Now the real stars of the three litigations. Hercules and Leo. They are locked up at the State of New York University at Stony Brook. Hercules and Leo are used for locomotion research.

The New York Courts in the Tommy and Kiko cases came to the same result, differently arrived at. One Judge said in effect not my headache, let the appellate court deal with it. The other said chimpanzees could not be persons because they did not have the mental capacity to make decisions involving conformity to the law.

Both cases are on appeal. 

Attorney Wise's argument in the lack of mental capacity case is what about humans in society who cannot choose to conform to the law. Those who lack capacity. People such as infants, coma patients, those with profound disabilities, severe brain damage cases, and dementia.

Attorney Wise sought a writ of habeas corpus on behalf of Hercules and Leo. A writ of habeas corpus requires a person to be released from unlawful imprisonment. The key word is "person."

A Manhattan Supreme Court Justice signed an order for habeas corpus. "Person" was a part of the language in the order signed by the Judge. The case was set down for a May 27 hearing. Soon thereafter, the Judge signed an amended order striking out the words writ ofhabeas corpus. The hearing still will be held, however.

One hundred fifty years ago, Darwin said the difference between man and other animals is one of degree, and not of kind. "Other animals" and "degree"
being significant verbiage in Darwin's statement.

The issue is not local. It has already been dealt with in some fashion worldwide.

Switzerland in 1992 amended its Constitution to describe animals as "beings" and not "things." New Zealand in 1995 granted basic rights to the members of the Great Ape species and forbade the use of animals in research and teaching. Germany in 2000 amended its Constitution so as to guarantee rights to animals. 
Balleric Island, a province of Spain, in 2007 granted "personhood" to Great Apes. Spain's Parliament in 2008 passed a resolution saying Great Apes have a right to  life and freedom.

Finally in 2010, the European Union on behalf of its 28 member nations banned the testing of Great Apes.

A new and not new ball game. New in the United States. Blame the chimpanzee cases presently in the courts on Citizens United. Attorney Wise relies strongly on if corporations can be people, then so too chimps. 

Two thoughts. The first is there is as much humanity in a chimpanzee as there is in a corporation. Perhaps more. Second, what a waste of time and expense.

Thursday, April 23, 2015

DROUGHT AND WATER PROFITEERING

"Water is the oil of the 21st century." Spoken by Andrew Liveris, CEO of DOW Chemical, in 2008.

Also in 2008, Goldman Sachs called water ".....the petroleum for the next century."

The biggest purchasers of aquifers, lakes, and water rights worldwide today are banks. They are buying at an unprecedented pace. The same banks that gave us the 2008 economic disaster. Like Goldman Sachs, JP Morgan Chase, Citigroup, and HSBC.

The individually rich are in the game, also. T. Boone Pickens is the largest owner of water rights in the United States.

Bank plans are to monopolize water in every regard. They are promoting the privatization of water utilities. Municipalities are susceptible. There is never enough money. If a bank wants to buy a water company, why not.

I was under the impression that banks had to do with money transactions. It seems in the water situation, the banks are going afield. A step outside their normal jurisdiction.

Banks are pigs. I have been saying it for several years. Can you imagine what water is going to cost once the banks and rich get rolling. The price of water will increase dramatically. Prices will reach astronomical heights. Just as gasoline did.

I worry. You should worry.

California's drought problems have brought to every one's attention the involvement of the banks and the rich. California is taking a beating. And the banks are not yet directly involved. California's current problems can be laid at the feet of major corporations.

California's Governor Brown is trying to take the bull by the horns. He has started to do the necessary to assure the continued availability of water. He has not done enough. No where near enough.

Brown's first step was to cut back on residential water consumption. A drop in the bucket. Agriculture is where controls are required. Heretofore California, the land of sunshine, has been a huge farm. The big corporations grow everything there. The problem is what is grown is then exported out of state to nations worldwide and to other states.

One example is alfalfa. The United States is the biggest alfalfa producer in the world. Alfalfa is hay. California grows alfalfa on 22 million acres. Most of the alfalfa is exported to China. Alfalfa is water intense.

Almonds grown in California are exported worldwide. Almonds require a lot of water. Ten percent of California's water goes to growing almonds. It takes one gallon of water to grow one almond.

California is a major grower/exporter of lettuce. Much of which is grown on desert land. Tremendous amounts of water are required to turn barren desert soil into a lettuce growing complex.

Budweiser has major beer brewing facilities in California. Beer has to have water. Ninety two percent of beer is water. It takes additional water to clean brewery tanks. The tanks use significantly more water than the beer itself.

Budweiser is trying to be a good citizen. It has taken steps to cut back on water use. Tank cleaning water is being reclaimed. Landscaping has been ripped out and replaced with drought tolerant plants.

It is anticipated that breweries will not be able to survive in California and will be moving out over the next ten years.

Nestles is a real problem. They take the water and bottle it. The bottles that are bought in super markets nationally and worldwide. Nestles has a special financial arrangement because they buy so much water. Nestles buys cheap and sells each bottle at a significant profit.

No one knows how much water Nestles uses. California has no laws requiring Nestles to reveal water numbers. There was a time when water bottling companies were required to obtain an annual permit to bottle water. Most companies have not requested such a permit in 27 years. 

The California legislature in 2008 and 2010 sent bills to then Governor Arnold Schwarzenegger. The bills would require bottling companies to disclose the volumes of water bought and sold. Schwarzenegger vetoed the bills.

There are many more examples. However, space does not permit a thorough listing.

The drought has effects not contemplated by most. It is not merely not enough water to go around.

Land above aquifers are sinking. The aquifers are dropping. In two instances 200 feet and 80 feet. Most have been dropping at least one foot a year.

Stratford is a small farm town. Its underground aquifer dropped 80 feet in three years. As a result, Stratford cannot sustain itself as a community. Its Main Street is boarded up, people not working, there is no money to spend, gas stations and restaurants are closing. Merchants for a while were taking IOUs from customers who no longer had cash to pay.

Clovis is a community that once had a lot of water. No more. Poor governing one of the reasons. Entrepreneurs  recognized the need for water. They came in with 2,500 to 5,000 gallon tank trucks. Clovis filled the tanks for $5. The truck owner went elsewhere and sold the water for $200 to $500. Clovis is closing the money making machine. Too late, however.

The California drought has many facets. My purpose has been to provide a small sample of what is going on in the water world. The banks, mega corporations and rich profiting. These same entities to make tons more money in the future. I also wanted to share the impact of water going dry on a community. The community dries up.

I hope I have succeeded in making you aware.

Wednesday, April 15, 2015

ICELAND JAILS BANKERS, ETC.

Iceland is a tiny country. It sits in the far reaches of the north Atlantic somewhere east of Canada. Its clock/days different. Because of its location, 24 hour days of sunshine or darkness are common. Population 320,000.
Iceland suffered the same banking disasters as the United States. Iceland had its 2008 where the banks brought the economy down.
Iceland dealt with the problem different from the United States. Iceland showed it had brass testicles.
Iceland’s banks needed a bailout. The people said no. An emphatic no! It was a David/Goliath situation. As in biblical times, David won.
The people in effect created a new government, adopted a new constitution, and arrested, prosecuted and jailed bankers and politicians. None of the too big to fail and too big to prosecute crap for them.
At the same time, Iceland created a Special Prosecutor to investigate banking crime in connection with or in the wake of its banking crisis. The list of bankers and government officials jailed is endless. Proof in many of the cases revealed the bankers enjoyed playboy lifestyles, mistresses and all.
Iceland’s economy took three years to improve.Following 2011, the  percentage of unemployed dropped dramatically. Loans were available to Main Street and ordinary people.
Banks are and have been whores throughout history. For whatever reasons, governments have not been able to control bankers. Bankers have made money for themselves in gigantic numbers during certain periods. Most recently, the early 2000s through 2008 in Iceland. The early 2000s to today in the United States. Banks are still screwing the American people. The reason simple. The U.S. did not take the bankers in hand and kick them in the ass as Iceland did. Iceland’s finances continue to improve at the same time that  the U.S.’s remain the same. In the U.S., bankers incomes are the highest ever and continue to rise. Whereas, people’s incomes remain stagnant.
Iceland and the U.S. are now facing another banking problem. That of central banks. The Federal Reserve System in the U.S.
Central banks allocate money to those entities actually in the banking business. A purpose of central banks is to protect depositors. In the 1970s, Congress changed Federal Reserve laws to spell out the purpose of the Federal Reserve. To effectively promote…..the goals of maximum employment, stable prices, and moderate long term interest rates. Also to…..regulate responsibility over many consumer credit protection laws.
The Federal Reserve has failed dismally in its responsibilities. The organization overwhelmingly does everything to protect and aid banks to the detriment of the American people.
Iceland has a similar problem. Their central banking system still leans the way of banks. A strong movement is underway to change the money allocation responsibility of Iceland’s central bank to the government. Makes sense. The government creates money. It should bear responsibility for who gets it. It is expected Iceland will make the move in the near future.
In the U.S., there are isolated voices to debunk the Federal System and give the allocating power to the government. Whether successful is highly doubtful. The banks, their money, their lobbyists and their attorneys, are geared up to oppose such a change.
The U.S.has not changed its banking laws as radically as Iceland. Until the U.S.does, bankers will continue becoming richer by day and the people poorer.
Dodd-Frank became law in 2010. The new law contained many provisions favorable to the American people. Laws were changed so greedy bankers could not practice certain of their evil ways again.
One provision had to do with deposits insured against loss. Somehow the banks had utilized the old law to have many of their 2008 losses guaranteed by the government. Taxpayer dollars were used to make the banks whole.
Derivative trading, securitized debt and non performing loans were guaranteed 100 percent by the government. The government paid off these guarantees with taxpayer dollars.
Dodd-Frank said no more! A victory for the American people. It lasted only four years. In December 2014, it lost its way. The old game returned. The government would insure and otherwise guarantee the speculative games/investments the banks were engaged in. It has been described as heads the bankers win, tails the taxpayers lose.
How did Congress and the President permit this regression so soon? The budget battle was in play in December 2014. No budget, the government would shut down. The budget was $1.1 trillion.
Republicans required their pound of flesh. Rollback the Dodd-Frank provision re; no taxpayer guarantees in certain areas. Many Democratic legislators and the President himself gave in to get the budget passed and keep the government running.
I do not like what happened. It is politics, however. It also represents one of the rare moments of a negotiated result.
A problem specific to the U.S. regarding banks involves the use of money in a less than palatable sense. Banks are so big they can buy the political process. And they have.
Little Iceland did what big United States could not/would not do. Iceland took the bull by the horns and did everything necessary to correct its banking problems. The U.S. did not. The people were buffaloed into the thinking the government had.
The American people remain in a precarious position with regard to banks. The solution is to do what Iceland did. Roll over the banks, force them to do what is right. I doubt such will occur. Our elected officials are too receptive and too dependent when it comes to banker contributions and perks.
Government by the people, for the people, continues to erode away.

Thursday, April 9, 2015

MONEY CORRUPTS

We live is a present day society where big business/corporate America controls. No longer are we a government of the people, by the people, for the people. We have been transformed into a government by the rich, for the rich.
 
How did we get into this situation? What has caused power to be shifted to the rich?
 
The answer is three-fold. It begins with the Federalist Society, moves then to Citizens United, and ends with New Jersey's Senator Menendez.
 
I attended law school in the late 1950s. We were taught that the Constitution was a wondrous document because it accommodated itself to the times. It was pliable enough to meet current day needs and problems. Without altering the Constitution's written words.
 
A group of conservative Republicans recognized that change had to take place. The Supreme Court's interpretations were liberal from their perspective. Conservatism had a limited place in decisions.
 
The time, 1982. A group of unknown conservatives came together whose purpose was to change Supreme Court rulings. These men were backed by corporate America and the rich who felt they were not getting a square deal.
 
They were unknown in 1982. Today, they are recognized as giants in the conservative movement. Men such as Edwin Meese, Robert Bork, and Steven Calabresi. Soon thereafter to be joined by conservative stalwarts such as Antonin Scalia, Clarence Thomas, Samuel Alito, John Ashcroft, Orrin Hatch, and Kenneth Starr.
 
The movement began at three high-ranking law schools. Harvard, Yale and Chicago. Antonin Scalia was one of the original faculty advisers when the Federalist Society was being formed.
 
The Federalist Society was a group of conservatives and libertarians who sought to reform the American legal system. It was to be done by interpreting the Constitution differently than it had for over 200 years. Interpretation was to be a textualist/originalists one.
 
States rights were to receive precedence over national rights. Since the end of the Civil War, the Constitution had been interpreted as giving power to the federal government as opposed to the states. The Federalist Society advocated moving power to the States. By doing so, conservative views would come to the forefront in cases involving the Second Amendment, campaign finance regulation, state sovereignty, and commerce clause issues.
 
In some 20 years, the Federalist Society has accomplished its goals. It did so by first encouraging law students to become members and think as Federalists. Then by moving Federalists up the political and government ladders rapidly.
 
The Federalist Society has changed the brand of the Supreme Court to conservative. It has enabled corporations and the rich to control Congress and influence the Court. It has encouraged the means whereby corporations and the rich can contribute millions of dollars to a campaign.
 
Money has become the influence in all chambers of government. No longer is it right over might.
 
During the time the Federalist Society was growing in influence and power, the Supreme Court evolved into a conservative body. The ratio generally being 5-4.
 
The Supreme Court decided Citizens United v. FEC in 2010. A revolutionary decision. The Court ruled corporations were people and that laws should not be passed limiting their right to make contributions. The Court reasoned that everyone had a right to free speech. Just because corporations had more money was no reason to inhibit their right to participate in the democratic process via financial giving.
 
Citizens United involved political expenditures by non profit corporations. It subsequently was extended to include for profit corporations, labor unions, and other associations.
 
Interestingly, the case involved a video critical of Hillary Clinton.
 
The Court in Citizens United felt limitations on corporate contributions banned free speech. That corporations and organizations had the right to use their treasury funds for advocacy purposes.
 
The Court was of the opinion that such contributions would not give rise to corruption or the appearance of corruption. What a joke! The Court was effectively saying that multi million dollar contributions by one corporation or rich person would not influence the decision of the person receiving it. Respectfully, a crock! Human nature unfortunately does not work that way. Money talks!
 
The 2012 Presidential race began the expose of the folly of the Court's thinking. Newt Gingrich had a friend/supporter in Sheldon Adelson. The same Sheldon Adelson I mentioned in my Tom Cotton article two weeks ago. Adelson contributed $15 million to Gingrich's primary race. Wyoming financier Foster Fries donated just under $2 million to former Senator Santorum's Super PACs.
 
Neither Gingrich nor Santorum would have been able to stay in the primary race as long as they did without such big dollar support.
 
Senator Mitch McConnell is Majority Leader in the Senate. In 2010 when he was Minority leader, he said that Citizens United struck a blow for the First Amendment. I thought the decision struck a blow against the First Amendment. McConnell is almost as old as I am. I do not know what law school he went to. Apparently one that taught the rich should have power over the poor.
 
Citizens United immediately increased the number of Washington lobbyists. They are the people who tell Congress persons how to vote and draft legislation. .
 
Many said at the time of the Citizens United decision that it opened the door to political bribery and corruption in future elections.
 
One of the few Republicans who saw through the smoke was John McCain. He said he was disappointed by the decision which lifted limits on corporate and union contributions. He further indicated that over time there would be a severe backlash to the decision.
 
Permit me to portray the evil which can develop. A lobbyist suggests to a Congressman that if he votes wrong, corporations and the rich will spend unlimited amounts in the next election to beat that Congressman.
 
Another major evil of Citizens United is the secrecy involved with donations. Money goes through two sets of hands before it is put to use on behalf of a candidate. It is in a sense legitimate money laundering. Voters never get to know who donated what and in how much to a candidate.
 
Now comes Senator Robert Menendez. A Democrat who has represented the State of New Jersey since 2006. A man of influence. He chaired the Foreign Relations Committee for two years.
 
Menendez ran for reelection in 2012. He won.
 
Menendez had a doctor friend in Florida. Let me put It another way, the Senator claims the doctor was his friend. The doctor was under investigation for $9 million of Medicare over billings. He contributed $600,000 to Menendez's campaign through a PAC. In addition, the doctor provided Menendez with a private jet for the Senator's world wide trips and paid for his vacations at island getaways.
 
Menendez was indicted on federal corruption charges on April 1, 2015. The doctor was also indicted.
 
Menendez claims he was only doing favors for a friend, that the $600 thousand, private jets, and island vacations did not influence him.
 
I am compelled to return to the Citizens United decision. Therein the Court said that bought influence and paid for access were not corruption standing alone. The Court's words, not mine.
 
What do you think?
 
A final observation. Citizens United is going to be with us for at least 20 years. Subsequent decisions may eat away at it. None will totally eliminate the decision. A liberal court is needed to overcome Citizens United. That means a Democratic President till the turnabout takes place. I suspect a Democratic President will be required in 2016. Otherwise, complain not when it hits you that our government has slid into the hands of corporations and the rich.
 
The government claims Menendez exerted influence on behalf of the doctor re the $9 million of Medicare over billings at the time the $600 thousand in contributions were made. It is claimed also the doctor had girl friends in other countries and that he leaned on Menendez to help him obtain visas for them.
 
One has to be blind not to see the error in the Citizen United decision. The basic freedom to select your elected representatives is at stake. Not a Republican or Democratic thing. A basic American one.

Friday, April 3, 2015

THINGS WE SHOULD KNOW

A second military has developed in the United States. Police. We may have more to fear from them than terrorists. No longer do police believe that protecting and serving the public is their prime responsibility.
 
Topeka, Kansas is an example. The Topeka Police Department has made a policy decision which shortly will be in force and effect. Done on their own and without any type approval by way of local legislative body.
 
Whenever there is a car stop, for a traffic violation or otherwise, every member of the car must immediately put their hands up. Driver and passengers. The purpose is not to protect the people in the car. It is to protect the police. They want to be sure to go home to their families.
 
Remember Wyatt Earp, Billy the Kid, etc. Fastest guns in the west. Today, police officers are the fastest guns in the country!
 
Many thought for years that police operated under a quota system. Especially in traffic cases. So many tickets a month. The truth is finally coming out.
 
A New York City hero police officer Craig Matthews claimed he was retaliated against because he complained to superiors regarding traffic and arrest quotas. He received unjust evaluations thereafter. A federal court recently said he has a right to sue New York City. The City claimed that as a police officer he had no right to sue. The court reasoned he had First amendment rights as a citizen to so speak. .
 
The Chief Justice of the Nevada Supreme Court recently testified before a legislative committee that the court system would have to shut down by May 1. The reason was insufficient funds. The court system had come up $700,000 short. The court system relied on a certain number of traffic tickets being given out and fines received. The number was down the past fiscal year and sufficient funds had not been received.
 
A quota system is inherently wrong. The courts close their eyes to this wrong because in most instances judicial salaries, staff salaries and other court expenses are paid out of fine monies. Sort of.....You do not bite the hand that feeds you.
 
Not all police officers are of the highest moral character. In some instances, not even minimally. Lt. Benito Gonzalez, a Camden Metro police officer, recently pled guilty to lewdness charges. He was sitting at a table in Starbucks, pulled his shorts down, and started masturbating. He is still on the job.
 
Dr. Patrick Moore is a recognized supporter of oil companies and GMO producers. He recently appeared on a French TV show. The topic was Monsanto's pesticide Roundup which several countries have determined to be cancer causing.
 
Dr. Moore said Roundup was safe, that drinking a glass of the pesticide would cause no harm. The interviewer happened to have a bottle of Roundup. He asked if Dr. Moore would drink a glass. Twice asked, twice refused by the good doctor. Finally, Dr. Moore asked the interviewer, "Do you think I am crazy?" With that, he got up and walked off the set.
 
What especially bothers me with the Dr. Moore incident is that it was reported on only a few media outlets in the U.S. Newsweek, Huffington Post and several minor liberal outlets ran the story.
 
Why wasn't the story run big time on TV and in publications in the U.S. Simple. Major media in this country are owned/controlled by corporate America. They were not going to step on the toes of their compatriot Monsanto.
 
Bill Gates several weeks ago in his Blog reported that in 3 years China had used more concrete than the U.S. did in all of the 20th century. The three years were 2011-2013. China produces and uses 60 percent of the world's cement.
 
While Congress is not willing to appropriate monies for infrastructure, bridges and schools, China is moving ahead.
 
GMO producers/manufacturers have been fighting labeling in every State. They are opposed to any label saying GMO products are involved. The GMO companies have not been successful in every State the battle has been fought.
 
If you can't beat them one way, beat them another. GMO companies have had a bill introduced in the House of Representatives by a Republican member. If successful, the bill would give the authority to GMO labeling solely to the Secretary of Health and Human Services.GMO producers do not want the American public to know what they are eating.
 
The bill also provides that only the Secretary has authority to mandate GMO liability. The courts would be by passed.
 
The power of money!
 
Sex revelations at the highest levels of government have become common place. There are several that have received insufficient notoriety.
 
DEA agents, all with top secret clearance, were entertained at sex parties. The prostitutes were at the expense of the Columbian drug cartel. A DEA regional director was being given a farewell party in government offices. He had sex with prostitutes. Three DEA supervisors received money, expensive gifts, and weapons from drug cartel members.
 
DEA prostitution cases have been deemed a local management issue. Those partying with prostitutes in general have neither been fired nor prosecuted. They have been suspended for no more than 14 days.
 
Between 2003 and 2007, 54 Columbian children were sexually abused by U.S. soldiers and military contractors. The activities were photographed and later sold as pornography. No one was charged. An  immunity agreement existed which prohibited punishment for any wrongdoing with the Columbian civilian population.
 
While the Republican majority want to save money by cutting Social Security and Medicare and having Obamacare repealed, the Defense Department is experiencing losses with military equipment. An example is sensitive explosive gear. Losses means the Department have not been able to locate the lost gear, except when it appears for resale on Ebay and Craigslist. The value of the lost gear is estimated in the billions of dollars.
 
Military equipment leased or given to local police departments cannot be in many instances either.
 
It is expensive to get a college education. A recent study indicated that one in twenty UK college students worked in the sex trade to help fund their university costs, to make ends meet. Interestingly, men more than women.
 
I could not locate any similar U.S. study. However, there has been mention of sugar daddies. Many young ladies are advertising on-line for and finding older men. There are internet sites dedicated to this purpose.
 
NYU appears to have the most sugar babies. Four hundred ninety-eight.
 
The U.S. health care system is the most expensive in the world. Eleven industrial nations were involved in a study. The U.S. was first as to expense and last as to quality.
 
An example of the situation looking solely at dollars shows that the U.K. is listed second in quality of care. The U.K. cost per person is $3,405 per year. The U.S. which is listed last has a cost of $8,508 per year.
 
The study indicated extreme inequality exists in U.S.healthcare. Good only for those who have enough money to pay for it.
 
The information herein is without question interesting. It is intended also to be an eye opener. Food for thought.