Showing posts with label liberty. Show all posts
Showing posts with label liberty. Show all posts

Wednesday, April 02, 2014

Unamended right

There is a fascinating part in the US Constitution (archives.gov) about a right guarantee and it isn't in the Bill of Rights but in the body of the Constitution, itself.  Not even one of the more well known rights.  That is probably why it gets ignored.

It is a direct grant of right to the State Legislatures, and sits way down in Art. V, you know the Amendment process:

Article. V.

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

There, right at the end.

The State is granted equal suffrage in the Senate.

State suffrage at the time of the ratification of the Constitution, meant that individuals chosen via the State Legislatures were the ones doing the representation of the State.  Throughout Art. V the only body that is mentioned at the State level is the State Legislature.

Now Amendment XVI changed the process of choosing Senators:

AMENDMENT XVII

Passed by Congress May 13, 1912. Ratified April 8, 1913.

Note: Article I, section 3, of the Constitution was modified by the 17th amendment.

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.

Does Amending the process of choosing a Senator abolish the right granted via Art. V to the State Legislatures?

By changing the meaning of Suffrage for a State from Legislature to direct election of the people, the State Legislature is cut out of the decision making process for Senators.  That should be it, right?  I mean you cleverly cut out the State Legislatures and remove their power grant in the Senate in one easy change. 

Yet the State Legislature is the ONLY State level organization mentioned in Art. V and it is specifically considered as having suffrage in Art. V in the Senate.  If Amendment XVII did, indeed, intend to remove the power granted to the State Legislatures for considering Amendments, it could have said so.  This is not normal Senate duty, do remember, but deciding on an Amendment to the Constitution, to which the States were originally granted ways to have a say in it via their Legislatures: via the normal process of voting for it at the State level and via their representative in the Senate.

Sadly I do believe that the States signed away their representation with the move to direct election of Senators.  The idea of popular suffrage and direct election of Senators have left the States without a direct voice in the federal government. 

Yet the original intent of the Amendment process remains via implication of how Legislatures were to choose Senators and the Senators having a direct say via their votes in the Senate in the Amendment process.  So whenever you hear about how the US always 'expands' rights, do remember that it has removed and say from the State Legislature on how to run the Nation not just via normal votes but via Art. V Amendment votes.  If that simple Amendment to give direct elections of Senators didn't remove the State Legislative suffrage right for Amendments, then every single Amendment after Amendment XVII would be brought into question.  Because while the people vote directly on Senators, the sovereignty of the several States rests in their representatives at the level of the State Legislature.  By agreeing to Amendment XVII the State Legislatures agreed to give up part of their say and walk away from the guarantee they had in the Constitution for representation directly.  Their only real recourse is to pass a bill saying that the current Senators don't represent their State and the Consent to let them sit as representatives of the State, not the people of the State but the State as an entity, is withdrawn.

And what State Legislature has the courage to do that?  Really, if you have to gag someone, isn't it better to convince them to gag themselves?  Saves a lot of fuss when you can do that. 

The State Legislatures could still do all sorts of mischief to popularly elected Senators... too bad they keep making sure the gag is tightly in their mouth and that they make it clear that they no longer want to do their jobs of representing their States. 

Even with the consent they gave during the Amendment process, the State Legislatures could still have a say over the representatives of the State in the Senate via the Art. V grant.  That right has been left unamended and still sits in Art. V but by Amendment XVII has been changed from a sovereign exercise of will to representation to one of negating representation if the sovereign no longer believes that its representative is representing it.  Consider this right to be a veto power over a Senator by the State Legislature, because they are the ones to decide if the State is being properly represented for the Amendment process.

The will to exercise this right?  Absent.

Wednesday, March 19, 2014

What would a Tea Party foreign policy look like?

Is there a Tea Party foreign policy?

In general it can be said that the Tea Party movement is concerned with local and National affairs, and this is true   of the branches of the Tea Party that are being seen in the UK, Italy, Israel, Australia and even in such places as Russia and China (the Vodka Party and a more underground movement in China).  Getting local and National government under control so that it stops wild spending, gets out of people's lives and lowers taxation, all while continuing to pay down debt, is the main target of the Tea Party organizations.  Foreign policy has been outside the realm of this, which has allowed some National politicians like Ted Cruz and Rand Paul to try and craft some sort of foreign policy out of Reaganism or Libertarianism.  There is a problem in trying to graft on a foreign policy outlook that doesn't grow from the sentiments of a movement: it is likely to be rejected in whole or in part by the movement.  Worse is that it can serve as a 'wedge issue' that could split up Tea Party organizations into factions.

What has not been attempted is to look at the foundations of the interior of the movement and ask: what grows from this as a foreign policy?

Key issues internally beyond taxes are sustained by the support of the Natural Rights of Man as Individual.  Thus Liberty and Freedom for the individual are the underpinning for the tax and small government message.  By removing power to do things at the local and National level from government, the things done then devolve down to the people to address at a more localized level.  Foreign policy is the direction of a Nation as a whole and how it interacts with brother Nations.  If we seek to sustain liberty and freedom at home and have a government that recognizes that all rights and power come from the people, then should that not be a defining part of a Tea Party foreign policy?

If this is put center stage then there is an outgrowth from that in that the Tea Party movement seeks to recognize that the power of the individual is paramount and that those Nations that wish to befriend the US must also have similar sanctuary from tyranny for the rights of the individual FROM government.  That makes the Bill of Rights and the general rights secured by the US Constitution a touchstone to how we approach brother Nations, and in that we have a ready-made list of actual items that brother Nations that wish to be friendly to the US must have:

- Freedom of conscience

- Freedom of religion

- Freedom of speech

- Freedom of the press

- Freedom to peaceably assemble

- Freedom to petition government

These are Freedoms FROM government regulation, and even the US has fallen down on the job as its political elites have determined that government must be an arbiter of these things for the people.  Yet that power is not granted to it, thus all laws dealing with restricting these freedoms are against the US Constitution.  Even the famous 'not yelling fire in a crowded theater' is a LOCAL and STATE concern and is one of attaching liability, by law, to actual actions of malice towards others.  Hateful language is protected, language used to stampede people so as to harm them is not protected not because it is an exercise of speech but is abridging civil speech to coerce others to panic with a threat to their lives.  You don't yell fire in a crowded theater: you get up in front of all people and point out that there is a fire in the room and it needs to be evacuated in an orderly fashion so that all can be safe from it.  That might still get people killed, yes, but that has devolved responsibility of those reactions to the individuals by giving them the information necessary to make a decision.  That is the civil use of freedom of speech, and all freedoms have responsibilities that go hand-in-hand with them to uphold them as a freedom for all people.

After this comes additional rights from government.

- The right to keep and bear arms

- The right to not have troops or government agents stationed in your home

- The right to security in your papers, property and person

- The right not to self-incriminate

- The right to a jury trial by your peers

This goes on for a bit more, but the point is made that these are actual rights and freedoms to be exercised.  From the legacy of Great Britain comes these rights and they were hammered out to keep monarchs, which is to say the head of government, from encroaching more and more on the liberties of individuals and their freedoms by passing laws against certain activities that intruded into these areas.

It should be noted that the right to keep and bear arms is an adjunct to the Natural Right and Liberty of being armed and that as the negative form, which is to say offensive warfare, is relegated to the State, the positive form, that is defense from war, defense of the State, defense of life, papers and property... indeed defense of all other Civil Rights is backed by the Natural Right and positive Natural Liberty of defensive warfare and self-defense.  As our works and property are gained by exercising our freedom and liberty to gain them, thus exchanging time for goods, any taking of these things without due process of law is a threat to the life you have already created for yourself.  And when due process intrudes further than conscience allows, then the people have the right of self-defense of their lives in whole.

As a basis for foreign policy by a Tea Party these cannot be seen as 'window dressing' by a government.  A government cannot have a right to keep and bear arms and then require so many things to be done that, effectively, no one may be armed.   Civil government cannot abolish the positive Natural Liberty of warfare or the Natural Right to self-defense via arms.  All arms are included in this, and as those who break the law see no compunction about following arms restrictions, the people must be able to counter such threats by similar civil arms.  Similarly having freedom of speech but having that right so circumscribed by government to quash petitioning of government or to even allow freedom of civil assembly is not supporting the freedom of individual speech, assembly or petition of government.

Minimal government requires maximal individual liberty and the exercise thereof.  This is not, exactly, a Libertarian view as libertarians elected to office have seen fit to pack in their own ideas of personal liberty that require such things as grades going to a college student and not to their parents.  That intrudes on contractual agreements within a family and should be something that Libertarians uphold as a Natural source of contracting.  And yet that is not the case.  From that a minimalist view of government requires that government get out of the support of going to college completely and lower the burden of government to all of the people and let individuals see if they can actually afford the burden of further education.  Thus Libertarians can be caught in the idea of government doing 'good things' from their perspective, while Tea Partiers will take a view of government as a Punisher and that giving it the carrot and the stick is the recipe for tyranny.

Foreign policy wise this then puts requirements on those who would befriend the US to off-load as much of the overburden of government to the people of their government to their people.  As I've said the US has been doing just the opposite from this for over a century and it has led to fiscal ruin and debt that cannot be paid and, under the current view, has no intention of EVER being paid off.  The slow-roll of bonds and modest overspending and debt passed out of the rear view mirror back in the 1970's and isn't on the horizon ANYWHERE.  Fiscal rectitude by a brother Nation is something we need to practice at home and if it is a top value, then it is something the US should be encouraging abroad.

This then gives a set of tests to a Tea Party foreign policy of which of our brother Nations we can be friendly to and which will get reciprocity from the US.  This does not mean that all of such individual Natural and Civil rights and liberties are to be maximal, this is true, but that they must able to be practiced and government recognize that it is not the purveyor of these rights and liberties but the protector of them for their people.

Free Trade was a Reagan era mantra and the practice of it to make people free just has not worked.  Mexico is, if anything, in worse straights for its people due to NAFTA than they were before it.  The massive upheavals in their economy and the direct competition with US agriculture has had large-scale effects on Mexico which has created a large set of criminal syndicates that are waging war against the citizens of Mexico.  It is a good thing that local neighborhoods and towns take up arms in their own defense in Mexico and it is a bad thing that they must break the law to do so as their government restricts the use of even bolt action rifles to its citizens.  Why do we have free trade with such a Nation?  Similarly freer and more open trade with China has seen the few there, its government officials and cronies, prosper while the people of China earn little and have internal inflation going on that their own government can't even recognize.  The people have no freedom of assembly or petition of government, and yet it gets Most Favored Nation Trade Status?  Why?

In general this outline of a foreign policy begins to break out into a tri-fold path, which is something I've looked at before, but with an ideological backing to it that can be well understood.  The outline of the path is clear, and requires that those who put forth nostrums on things like Free Trade making people freer actually demonstrate this mantra after decades of trying it.  There are negative cases to this, and as those point to a major problem with the supposition, the mantra, itself, must be put in doubt and re-examined.  The US is not the World's Policeman and, in the words of John Quincy Adams, we support freedom and liberty everywhere, but are guardians only of our own.  To that end the first goal on the military side of foreign policy, is to help bolster and deepen the self-defense capacity of friendly brother Nations.  This can be done with direct trade, yes, but can also be done by seeking to have restrictions on the use of arms repealed so that there is a greater reservoir of those who can defend their own Nation to be called upon in event of crisis.  Working together militarily comes at the END of this process, not the BEGINNING, and those Nations that recognize that their own self-interest is best served by a civil armed populace goes a long way towards demonstrating the concept that governments cannot predict when and where war will happen as the negative Natural Liberty of warfare can be reclaimed by those who go savage and use it against their fellow man to their own ends.  If governments could control this, then they are the ones liable for every act of individual, which is to say personal, warfare as they CONTROL IT.  That is not the case.

Thus:

Path I is established: foreign relations with those friendly to the US and who hold the same values for individual Liberty and Freedom are key to good relations.  From this grows fiscal rectitude, the removal of State overburden, the lowering of the accumulation of debt and the outlook that debts cannot be contracted for at high levels ad infinitum.  These are the Nations that deserve free trade: they are friendly, they support the rights and liberties of their people including the freedom from government, and seek to foster a fiscal climate at the large scale that allows greater freedom and liberty at the small scale.

Path II comes from those Nations not on Path I but who are not hostile in word or deed towards the US.  These are Nations to which we cannot afford allegiance and from that trade with them can be burdened.  A 10% tariff, which is to say a 10% payment of the value of goods to be imported by those seeking to sell them in the US, is paying the freight to support a government which fosters trade amongst Nations.  Want to get that lowered or removed?  Become friendlier to the US and begin upholding the values necessary for Path I.  This is something that can be tuned by Congress and by giving a framework as to why it is imposed it also puts a value on being able to support such individual liberties and freedoms to those who don't support them in full or who are not friendly nor unfriendly to the US.  The middle of the road is a perfectly safe place to be, don't expect the US to help you, however, unless you start to move towards Path I.

Path III is what is left.  Nations hostile to the US in word and deed, who have shown themselves to be untrustworthy in treaties and who seek to put their own people under tyrannical rule.  We don't trade with these Nations.  Indeed, part of that 10% tariff should go towards support of the military so that we are well armed AGAINST them.  If they give safe harbor to terrorists, pirates or any other form of Private War, then they are an enemy not just of this Nation but to the order between all Nations as they do not seek to act in ways compatible to civilized life.  We do not have to be antagonistic towards these Nations, no.  We do need to be well armed against them.  On the tit-for-tat scale they wish to live and so that is all they do understand, and we can only respond in ways that befits a civilized Nation in the brotherhood of Nations.  Sanctions are one thing.  Quarantine another.  Translating our works that describe our traditions and how man is the source of all power of government and then getting them to the people of those Nations hostile to us, is a third way.  There are others, of course, but the scope of what can be done is held in by civilized restraint and by holding the civil sword well honed and practiced with.

This outgrowth of a tripartite set of paths within foreign policy would be a direct outgrowth of the ideals held by Tea Partiers.  Ideology drives policy, not the other way around as is the case in the modern world that slips into tyrannical ends for government.  Moreover it is a set of principles that are well understood internationally and are easy to remember, as anyone can remember: Friends, Neutrals, Enemies.  That is the path of Law of Nations amongst all Nations in all Eras in all places on Earth without regard to race, ethnicity, culture or any other thing.  It was practiced by the Ancient Mayans like this, and so did the Ancient Greeks and Ancient Egyptians act like this.  International law is only a set of contracts between brother Nations that is built up and each holds the others to account for signing onto the contract we call treaties.  Nations can leave treaties, as well, and have that full right and responsibility to do so so as to safeguard their own people.  That is upheld via this tri-fold Path system and in particular it points out who those seeking to bring down the civil, international agreements between Nations are and points them out for all to see.

As a policy system it allows large amounts of work and fine tuning for individual cases, and yet the touchstones are clear and abundant, so that easy to pass milestones in improving the civil rights of citizens leads to better trade and more robust interaction, and improved self-defense.  Reaganites should understand such a systems as should Libertarians as it puts individual rights and liberties in a civil context into a foreign policy system that then seeks to uphold them for all mankind while securing them abundantly at home.

Of course this means the home-side dovetail of actually removing the burdens to civil exercise of rights that have been put in place for the last century and more, at home.  This is leading by example.

An Exemplar Nation.

Showing the Way.

A Shining City on a Hill.

We need some good neighbors.

And we need to clean up our act at home to get them, first.

Wednesday, January 01, 2014

Recovery

A personal retrospective on my physical well-being.

I hope to get some more normal posts up, but such is life.

Late in 2004 I began a trip into a land of darkness where my mind was slowly losing track of work and I was beginning to feel exhausted beyond anything I had experienced in my life before that.  With that also came a lack of awareness of these things and the simple and all too human attempt to rationalize these sensations.  Being made senseless and having one's mind dimmed when aided and abetted by rationalization meant that things that should have alerted me to my dire straights were passed off... until my body forced the issue by giving me a cataleptic attack while driving.  No accident resulted, but that warned me that something truly serious was going on, even through the mists of my befuddled state of mind and being, which was turning into a strange place where being awake and being asleep meant little difference at all.

By 2005 I just wanted to know what was causing these attacks and if they could be dealt with, and the list of tests I went through was long and deep.  The only change had been in a standard medication, one of the statins, and when my endocrinologist heard the symptoms he took me off them, but the damage had been done and worse was to come after that until the full extent of it was finally reached.  My brain had the normal attributes of someone a good 20 years older than my physical age, and yet that was not a natural thing.  Narcoleptic conditions run in the male side of my family and I had thought I had escaped them as they have two general periods of onset: up to teenage years and then again in one's 60's.  Well, my brain had reached that magic age, I guess, just decades ahead of schedule.

Climbing out of that pit meant trying to get my thought structure back together as it had been shattered and eroded by this condition.  I had become a creature of willpower alone, determined not to let this be the end of my life.  The hardest work in my life would not be physical, would not be trying to write great pieces of fiction or histories to last the ages, but to merely scrape back a formulation of my thoughts out of a land between waking and dreaming and back, fully, into the land of the waking and living.  We take the fact that we think for granted, at least most people do, but somewhere within my psycho-dynamic toolkit there is a repair kit that allowed me to begin the hard work of reconstructing my mental capabilities to get some thinking capacity up and running again.

Those dark days are dealt with in my early blogging, which take place after the internal collapse of my mental structure, diagnosis and the first medications to deal with the actual phenomena.  There is no magic pill to rejuvenate the mind, as yet, to repair damage and to regain lost capacity.  Maybe we shall have that in some future, but until that point one is stuck with the old fashioned way of hard work.  I set myself some tasks to exercise my mind: learn some rudiments of Javascript, find out just what terrorism is (not the talking around it to attempt to call it something else, but its actual being as an activity) and then to learn connectivity structures based on Person-to-Person systems which are the basis for so much of human life that it pervades the far reaches of the horrific and the criminal realms.  For, as my Uncle Joe used to say disparagingly of so many corporate and government affairs, 'it isn't what you know, its who you know'.

Thus diagnosis was done by others, but I was willing to go through just about any test they cared to put me through, and I would hazard a good couple of hundred of vials of blood were taken to that end.  I have a long, long, long list of things I don't have and for that I am very thankful, indeed!  I will give the Sherlock Holmes method of scratching off stuff from a list and whatever you are left with is what it is a hat tip: it works.  Unfortunately it is the brute force method of logic, and I prefer inductive reasoning of 'this is the only thing that fits to make the entire thing work' sort of approach to the list scratching business.  As I have learned, that is a bent of mind that one must have by some means other than education as no one can teach you how to take a look at a whole thing and then see where something is missing and say what it is.

Countering the effects of the problem, although not the problem itself, came next.  I was a Type 1 diabetic before this happened and can tell you that dealing with a problem is not the same as curing it.  For all the advances in genetics, biology, biochemistry, and 3D structural analysis of molecules and how they interact, plus the human genome, a simple auto-immune disease dating back into the far reaches of human ancestry is still beyond modern medicine to cure.  Somehow every promising approach is thwarted by it.  Yet one gains a toolkit of mental requirements to deal with such a problem on a daily basis and that means I had one available for yet another problem that has no cure.  We know that there are cases of spontaneous remission of Type 1 diabetes after about 20 years of having it: the poor immune system just gets tired of fighting that part of the body and natural regeneration takes place for islet cells.  That I still have the condition points to an immune system that is still misdoing its job!  Now I also get to take medications that modern medical science can say what its structure is, but has no real idea of how it works.

There are times when I suspect the strain of being known as Witch Doctor is still with us to this day. 'What is it, what does it do?' you ask and the response is 'Dunno, it just works, take it.'

I am not nor ever have been impressed by degrees sitting up on a wall.

Doctors are still practicing medicine.  They need more practice, less overhead, please, as the practice still is not perfected.

Now all of this research, fiddling with code, playing with stuff got me to firearms as there was a warning bell going off in my head circa 2007.  A good year before the elections, hell before there were candidates, some part of me was saying: Prepare For No Good Shall Come Of This.  I took NRA training to ensure that I properly understood function and safety of firearms, plus only rudimentary cleaning... there needs to be a real course on that, not just gunsmithing but just 'how the hell do you clean this piece of Swiss watchmaking called a gun?' sort of course.  And I like older firearms, so drift punches, springs, and scouring around for parts became a ready past-time.  All of this is DIY in the firearms community, and the modern arms are much, much simpler to work with than much of the older stuff until you get back to the bolt action rifle: those are, at least, pretty simple to understand.

My goal was to next find out what sort of useful skills I had or could gain, and I'm still on that path today.  Firearms leads to stocks made of wood and that means wood finishing.  In my family lineage is woodworking going back at least a couple of generations, and I had not only shop class but a father who did cabinetry in his spare time.  That means I had some of the old 'young shop assistant' sort of deal going on, although not a lot of it, enough to get me familiar with the tools of the trade.

Building back stamina became the major goal as of 2009-10 and woodworking, well once you start using the manual tools you now have a major way to utilize physical capacity and measure endurance, now, don't you?  Even on the power tool side, the lifting and toting of boards, planks, and other less savory bits of trees can get you all sorts of exercise, especially if you have a small shop and need to set up and break down the power tools so that you can have access to the rest of the shop when you aren't using them.

Up until the past few weeks here has been the deal: 1 day of a few hours of work, 2 days of recovery.  Doesn't matter if the day is woodworking, shopping, or whatever, either.  On rare times I could string a couple of days together and then need additional down time to recover.  That was getting me to an even keel, but the boat still had water up to the gunwales and I was bailing as fast as I could.  Stamina was not returning but I at least could keep what I had.

About a month ago I talked with my neurologist who told me that there are some preliminary longitudinal studies that indicate that for diabetics in Japan and Germany (two populations with a major concern over the disorder by genetic causation) that the use of a CPAP helps to lower the HbA1c (a basal blood glucose reading that you strive to get to 7% as a diabetic) by a full 1%.  That is an eye-opener, to be sure.  A real eye-opener as a CPAP improves flow of air to the lungs while sleeping.  I had tried a CPAP before as there were indications of some marginal sleep problems, and they continue to be marginal and the neurologist doesn't know what to make of the actual readings as they aren't showing a disorder but something else going on... but that a CPAP might help that and the the cause to actually get one.

Done!

The prior CPAP device made my sleep worse, not better.

There have been improvements over the last 6-7 years, not grand ones but gradual ones, to the point where I can actually tolerate the device, more or less.

It will take some months of use to see what it does for that long term basal blood glucose reading.

A more immediate effect is to get lots of oxygen into my system at night and well distributed through my body.  I do wake up logy, no two ways about it: it is the sleep of someone who has worked themselves to exhaustion.  I knew what that felt like, back before 2004.  It is the sleep that when you wake up you just had no idea of how tired you actually were.  Apparently I need that sort of sleep.

From that sleep I now have better and larger amounts of physical energy and mental awareness longer into the day and even into the evening.  I can accomplish a lot more with the energy once I get the logy feeling out of the system.  Learning to hand plane maple that has just been skip planed is really hard work, let me tell you.  Yet I haven't been tempted to power tools (although I have a planing jig for a router) because it just feels good to be able to put some actual physical capacity into the work.  For a few hours at a stretch.  So now I can have sore muscles when I wake up!  This is a good thing.

The next step of the recovery is actually reversing not just the effects of one of my major conditions, but the thing, itself.  Those require an actual, functioning medical system in which trying to redistribute wealth and making everyone sicker in the name of 'health insurance' is not the goal.  That is an enemy to actual scientific advancement.  Strange that the most backward looking people are now on the political Left: they are starting to sound like the old fogies who just want to do things the same, tired old way that doesn't work well because that is all they know and will tell you about how righteous it is to do things the broken, tired, old way.  Yet the 21st century isn't going to wait for them to catch up, and no matter how much kicking, screaming, and theft under the guise of 'doing good' goes on, this century is set to steamroller the prior 3,000 years of advancement with changes that seemed impossible just a decade ago.  Be it the first formulation for a warp drive or getting to the bounds of computer capacity and then leapfrogging that with quantum computing or finding out that the ways to deal with disorders and diseases isn't to just ameliorate the effects but treat the damned things with some skill ('what does this drug actually do?' 'I dunno, it just works') and get the idea of practice out of the way or education that is self-performed via online systems of study that can't be categorized but can be tested as to skill, knowledge and capacity to utilize it... everything, and I do mean everything, that has been the foundation for the modern world is about to undergo a sea change that will make the Industrial Revolution seem like something for children.

Thus my goal is to survive the current bout of MegaStupidity via Centralized Insanity of Government and get to this new age of Individual Freedom and Liberty writ large.

As has been my threat: the more I recover, the less I will be posting.

I hate repeating myself and that is mostly what I would be doing to no good effect.

I need to recover so I can join this up and coming age of wonder.

The age of Back to Basics, DIY and reaching for the stars and getting off this damned starter home of a planet.

And I hope you will join me.

For we are better than the old 20th century has led us to think.

And governing is the problem, and government is not the solution.

Saturday, July 13, 2013

Continuity or something else?

I watched a program last night on Discovery's Military Channel that  focused on the Continuity of Operations Plan or Continuity of Government Plan, which is something I came to know about working on the civilian side of an agency in DoD.  It is pretty serious stuff this trying to safeguard information and stand up some operations if the main sites of the agency get taken out.  This extends across the entire US federal government and all agencies have some variation of the COOP (as I came to know it).  It was an interesting program as it gave a couple of scenarios that would cause the COOP to be put into action and it pointed out that on 9/11 it actually was utilized and actually failed to keep the President informed during a crisis or re-establish communications between secure sites.  If this had been a more serious attack on the US, the COOP would have failed the federal government.

Although there are contingency plans in place for continuing government ever since this became a question and actually caused the creation of Amendment XXV which puts in an order of succession for the job of President in case the person occupying that job is incapacitated or dies.  That was ratified into being in 1967 during the Cold War when the possibility of having the entire top of government vaporized at one stroke was something to be considered.

Do we really need more than that?

The Presidential Succession Act of 1947 (3 USC 19) is the Public Law created by Congress to add depth to the existing schema of President and Vice-President set out in the US Constitution and in Amendments XII and XX to clear up issues on elections and Amendment XXV put in place in 1967.  This ability by Congress to do such work is generated through Art. II,  Sec. 1, Clause 6 which provides for the power of Congress to establish such a succession and amended by Amendment XXV Section 3.  The top four people are the President, Vice-President, Speaker of the House and then President pro tempore of the Senate.  This act has been amended to then start in on the Cabinet with the Secretary of State, Treasury, Defense, Attorney General, Interior, Agriculture,  Commerce, Labor, HHS,  HUD, Transportation, Energy, Education, Veteran's Affairs and then DHS.  Would you consider a government headed up by, say, the Secretary of HUD to be legitimate?  How about Education?  Interior? 

I have problems with the Secretary of State but it is at least a major 'Hat' of the Presidential job requirements – foreign policy.  Actual those hats are Head of State, Head of Government, Commander in Chief of the Armies and the Navies, and Chief Pardoner, and if you went with just the 'Hats' then you would get State, Treasury, Defense and AG which is just about where it should end, as well.  Why?  Any government that has suffered the loss of the President, VP, Speaker and President pro tempore has failed in ways that you cannot even begin to imagine and, really, the actual legitimacy of the government falling into appointed and approved position holders is something that even in the Cold War was questionable.  You might get a 'continuity' of government, yes.  The legitimacy of that government, led by unelected officials is lost because this is a Nation that upholds a representative say in selecting our government.

Then there is the part that the program didn't get into: the States.  Each State has its own form of COOP in place and the actual legitimacy of the US federal government comes from the signatories to the US Constitution: the States.  The States had to get approval from their citizens to sign on to the Constitution, and it is those functional governments that are the actual ones who instituted the federal government to act as an arbiter amongst them.  If that arbiter and protector of all of the States cannot protect all of the States and actually has harm fall on to any State due to negligence, incapacity or inability to adequately supply protective measures to all of the States, then the federal government has failed in its main duty: protection of the States.  Each and every State gets a way out of this via the US Constitution and its something to consider at this point when we look at failure of the federal government to protect the States.  This is covered in Art. I, Sec. 10, Clause 3:

No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

The Framers of the Constitution did not create a 'suicide pact' but put in this one vital clause which gives the State back its full Sovereign powers.  The ability to do these things, are indicative not of a State but of a Nation as they are the full foreign policy and military powers necessary for the backing of a Nation.  If the federal government cannot protect a number of States from, say, an EMP attack or, via neglect, allows a State or group of States to be invaded, then that State finds itself with its full powers returned to it.  All of the facets of what it takes to run and independent Nation re-appear for events that are so devastating to a State that any delay in response will mean disaster or that disaster has befallen a State and the federal government has proven and demonstrated its incompetence to the point where it can no longer be considered as the trusted arbiter of the powers granted to it.

With the three days to the return of barbarism seen after Super Storm Sandy, Hurricane Katrina and the general decay of infrastructure, the States and federal government must rely on having a population ready to respond to disasters.  A strong and prepared civil population is the greatest strength to the continuity of government, operations and the legitimacy of government.  Fly the elected and appointed officials around as much as you want, but it is the States that hold the cards in a disaster and the trump card is the return of the powers they granted to the federal government which is so concerned about keeping itself going that it has neglected its duties to protecting the States as entities.

Even the relatively lack-luster scenario of an eastern EMP attack shows that the amount of time it takes to get the COOP running is in the days to weeks category.  Talking about a President trying to impose martial law onto States that he or she has neglected, is no longer an act to restore civil order but an Act of War on those States.  A Governor is put into the foreign policy arena and while accepting help from such a COOP government may call for that, it is no longer in the capacity of a Governor of a State but a Head of State: that military arrangement is a treaty and should be treated as such.  At that point in time the Governor may already have had to call upon a civilian militia, utilize police forces and declare martial law, yes, but those are all internal and normal parts of a sovereign Nation to re-organize after a disaster. 

The reason and rationale for letting States retain this responsibility and the power to address it, is so that the federal government is not overburdened with a function it cannot fulfill in whole, in part or at all.  After no regular natural disaster has the US federal government proven to be prompt, efficient, or even capable of dealing with a catastrophe of wide ranging scope.  With FEMA the federal government insists it has a role.  With FEMA it is widening the scope of possibility for its own failure.  FEMA isn't capable of addressing disasters and may only serve as the nucleus for creating a disaster of federal legitimacy.  While it was created with good intentions during the Cold War, no one addressed the fact that the federal government doesn't have the power or capacity to actually deal with disasters, be they the nuclear one of that era or the wide-ranging problems of natural disasters and under-maintained infrastructure of the modern era along with man-made and natural disasters that can cause infrastructure to fail catastrophically.  That EMP burst has all sorts of protection for the military, President, various cabinet level officials, Congress, SCOTUS... you are left SOL and then are expected to go savage and have to be suppressed under martial law.

See how that works?

That is not a system to enhance liberty and freedom, but one created to maintain power over you, not look to you as the source of power and legitimacy.  The most chilling thing I heard was the director of FEMA saying it had the job of 'protecting our way of life'.  I'm sorry, but that is the job of the citizenry and the citizenry is the creator of a way of life, and when its government fails it then continuing on in the old way of life that led to disaster is a non-starter.  If the old way of life produces disaster, then any government seeking to sustain it is not legitimate and not dealing with realities and not seeking the assent of the people as the legitimizer of that power.  Stepping in after a wide-spread failure of government leading to disaster has one result: Sovereign States.  The legitimacy of government shifts to the more local government and if the State government fails then we are in Hamilton's Federalist No. 26:

Schemes to subvert the liberties of a great community require time to mature them for execution. An army, so large as seriously to menace those liberties, could only be formed by progressive augmentations; which would suppose not merely a temporary combination between the legislature and executive, but a continued conspiracy for a series of time. Is it probable that such a combination would exist at all? Is it probable that it would be persevered in, and transmitted along through all the successive variations in a representative body, which biennial elections would naturally produce in both houses? Is it presumable that every man the instant he took his seat in the national Senate or House of Representatives would commence a traitor to his constituents and to his country? Can it be supposed that there would not be found one man discerning enough to detect so atrocious a conspiracy, or bold or honest enough to apprise his constituents of their danger? If such presumptions can fairly be made, there ought at once to be an end of all delegated authority. The people should resolve to recall all the powers they have heretofore parted with out of their own hands, and to divide themselves into as many States as there are counties in order that they may be able to manage their own concerns in person.

You don't have to be a conspirator to create the conditions of an over-extended military or a government that seeks to impose its will into every facet of daily life.  In this case it is easy to substitute unbridled government in the place of the military and come up with the same formula and result and you don't even need a conspiracy to do it.  Indeed what you need is the belief that laws are forever, that government must continually grow and never recede, and that power devolves downward and is not granted upward.  All of this done out in the open, often with great fan-fare, claiming that government can take care of part of your retirement, or help you in finding that first house to buy, or watch over markets that you should be keeping an eagle's eye upon.   This claim can fairly be made and even demonstrated in our modern times.  Alexander Hamilton proposes that in the event of the disaster of government seeking to impose its will upon the people, that the power to deal with that is not at the State level, but at the county level, the local level.  The US Constitution holds the sweetened condensed version of this in Art. I, Sec. 10, Clause 3, but here Alexander Hamilton points out that if the government failure is wide enough, deep enough and thorough enough, that the only answer is to end the delegation of authority upward and reclaim it at the most local of level possible.

Still, if something like the scenario of an EMP destroying the electronic infrastructure of the eastern US did happen... you have a large number of States involved, at least 23-24 and possibly up to as many as 26-28.  Out of 50.  The federal government, by not helping the States and citizenry to prepare, by not informing the citizenry of what necessary preparations would be and what the likelihood of such an attack would be, would be delinquent in its responsibilities to the States and the citizens.  By not having effective counter-measures, interceptors (and the scenario really does posit something an AEGIS vessel should be able to handle) nor even being able to identify the actor(s) involved, has failed in other, subsidiary duties and directly granted powers to it.

How much has the US government told you about EMP attacks?  How has it helped you to prepare for them? I can name a list of things that can and most likely will happen to North America that the US federal government can't handle and they are just natural disasters.  Yet FEMA isn't prepared for any of them.  It can't handle a good sized large hurricane, yet that is its supposed duty, at which it fails even with small events like tornadoes ruining small towns.  And yet its job is to 'protect our way of life' and that way of life is currently in a dark, dismal failure mode because it refuses to recognize that you are the greatest mover and protector of your own life and that self-government is the most secure and best of all governments as it requires self-restraint.  It has failed on that score and continues to fail on that, continuously.

It isn't the people who are endangering the legitimacy of government at this point, it is the government, itself.  A COOP plan to continue a failure is failure and the promotion of failure as a good thing.  It isn't.  It will kill you if you don't prepare for it.  And failure on such absolute terms delegitimizes the concept: if it was restricted to just protecting the physical US territory then, yes, the President needs to be safeguarded.  The rest?  Elected officials and then appointed officials with an unelected bureaucracy.  The COOP plan for that sort of thing is damned simple: help the States as they request it, ensure that free elections can be held and then find out what the NEW way of life is from people who have gone on a 'back to basics' course across a wide geographic area.  If you can't do that, then you are not backing legitimacy of citizenship and the citizenry to guide their own affairs but seeking to impose a 'way of life' on them that bears little or no relationship to the actual real world circumstances.  Those people in such a disaster-ridden State not only deserve to be free and independent, they have earned it via the lackluster federal system that hasn't supported them and treated them as subjects or slaves and failed in essential duties granted to it.  If we ever got a CONUS EMP or a global CME, then the US just might not be a single Nation any longer but something much closer to a league of confederacies of Free States.

You can have a republic if you can keep it.

Doing that requires paring down the federal government and picking up the slack on your end.  That is non-negotiable to retaining freedom and liberty as well.  Want a United States to be preserved?  Then prepare for disaster and hold government accountable to its misdeeds as no one can do this for you.

Friday, July 05, 2013

Misrule and privacy

Do you have a fundamental right to privacy?

That is to ask: do you have the fundamental right to have freedom and liberty in your movement, your personal information, your associates,  and your transactions without being watched over by government?  In the US there is an exception for being suspected of a crime and requiring a judge to issue a warrant to gather information on you, and that is only for a criminal investigation.  Roe v. Wade ruled that a woman had a right to privacy and that came from the 'emanations' and 'penumbra' of the US Constitution, not solidly rooting it in Amendments IX and X.  Your privacy, which is to say your freedom to conduct lawful business without the scrutiny of government and to have liberty in your own lawful affairs, is rooted in Amendments IX and X, not on the SCOTUS ruling of Roe v. Wade

Today we have two major sections of the US federal government that does not believe in your fundamental right to privacy and feel free to intrude on your affairs, capture data about you and do with it what they please:  DoJ and NSA.  Actually, the IRS has now demonstrated its want for your medical information to run Obamacare and has already seized medical records of millions of US citizens without their knowing about it.  In collecting this information without due process procedures in open court available for public scrutiny, the US government has, in fact, decided that you are subjects and no longer citizens.  Eric Holder's positions as Attorney General of the US is that you have no privacy in your e-mail or online activities, and yet you don't see him ready to put forward the entire DoJ archives of e-mail and traffic records that flow through the Internet from all the parts of DoJ.  Not all of it revolves around criminal investigation and mere administrative e-mails, which is to say procedural and fiduciary e-mails, should be open to the public on demand if AG Holder really means what he says.

Instead you are supposed to be transparent to the government and the government is to be opaque to you, the subject because you have not done the things necessary to remain a citizen.

Now if you think the NSA capture of metadata is benign and can explain why the NSA needs more record space than can hold the entire history of mankind, to date, up to five times over then may I ask: why?  Are you made more or less secure by this activity?  More importantly, if and when government uses such information to malign purposes, say quelling political discontent by some power hungry group or cabal, is your liberty secured or threatened by this data capture?

Do hold that thought for the exact, same question can be asked about the domestic wiretap information garnered by DoJ and your financial and medical records held by the IRS.  Are you safer in your possessions, your effects, your ability to travel, which is to say your freedom and liberty to exercise it as you will with this or without it?  Not just for today, mind you, but in a worst case scenario of malign government deciding to prosecute past crimes that they decree illegal now, because they no longer feel restrained by the US Constitution and are going to be quite able to create ex-post facto laws and then pull up records to see who has to be rounded up.  Data collection is only about today when it is restricted to case work that must start from scratch and the public record.  Yet, in silence, the government has decided that we are all future criminals, and that no one is secure from its scrutiny, ever.

Let us change venue for a moment and go to the Google Glasses and HUD developments of other groups that is starting up in the last six months to a year.  This is Gen Zero of these devices which will augment your reality by offering you a computer display on the inside of glasses to help you better understand the world.  No matter how stylish they become, they are an artifact of on-line use and technology and there are good real world uses to them.  Add in a cell phone connection on-demand and there you have the NSA and DoJ ready to collect your data queries along with your GPS position, and timestamp.  What you want, when you want it and where you want it are now all available metadata to them, and you have decided to write it off.  Isn't that grand?

What would you want out of such a system?

High Definition overlays?  Easily done by installing a camera either at the bridge section over the nose or, if you want 3D object recognition, one each at the base of the arms so you get stereo vision and 3D capability.

Virtual Real World Synthesis?  This is where the cameras on your device begin to automatically filter resolution for re-display either with semi-transparent lenses or meshing up the virtual and real world together for display on the inside of the glasses.

Active object and face recognition?  Boy won't this be handy to call up the publicly shared data on individuals and items, huh?  Never a bad date... and that stalker will be able to figure out if you are armed or not.  Good job, that!  Always easier to target the unarmed than the armed, you know.

Active tracking of finances in real time?  Handy at the store and probably a Version 1 or 2 item to let you find out the UPC code information and maybe look for competitive pricing before you go shopping.  Add in an on-line inventory system and you can even know if you should go to a store or not, based on what you want.  Mind you, they capture that query information and may only make that available to their 'special customers' who agree to give up their shopping habits at that store chain to them.  Which is then sold in bulk to marketers who accumulate all your 'special' purchase information together to more readily target you with ads, on the fly, and to help you 'decided' in favor of certain products and services.  Handy, huh?

Photo and Video Capture?  Full HD resolution photos and video capture, at least locally to start but for those who love streaming this stuff to your FB or other social media account, now your friends will always know where you are, what you are doing, with whom, where you go and how long you stayed there.  Heck, a bit of hacking and they can know how much you spent, too.   Even create a full 3D image of your body, clothed and unclothed!  Just like the TSA!

Cellphone is a given.  Add in a couple of small aural conducting speakers to vibrate your skull so you can hear stuff and maybe wrap the arms a bit around the ears to get microphones close to the mouth with some data augmentation to clear up your voice, and you now have full data capture of what you do.  The cellphone system may become a bit strapped, but there is plenty of spectrum left over from the demise of the old broadcast TV just sitting out there.  I'm sure all of that can be pressed into service in no time at all, legally or otherwise.

Expect all of that in the 5 to 15 year time horizon.

You couldn't live without your cellphone, right?

And as you don't give a flying whoop about government data capture for them, then you certainly won't mind government knowing all of that information I've just outlined, right?

If you want a National Sales Tax, just imagine how easy THAT would be to implement and NOT even require the seller to get it: they can charge you on your purchases DIRECTLY without any of that messy privacy stuff because you signed it away.  Why bother with a middle-man when you can just grab that information DIRECTLY FROM YOU CONSTANTLY.  By giving the government the power to tax individual purchases it is given a reason to collect that data.  And why do it on the bulk side when you can get far more in revue AFTER the mark-up has been put in place?

And finances are not even the start of it.

Messy divorce?  Those details will now never go away because of social media.  Have a lover on the side... and how short a time is it until that is found out?  Paternity test shows that the husband is not the father?  Spend too much?  Spend too much time with friends and neglect your children?  Pregnant?  Every argument that is captured by these devices will be put up for constant reminder to you of your past.  They will not go away.

This will be wonderful for exercise!  Your doctor and the IRS can see just how much of it you do, when you do it, how often and what you do.  Sex, too, of course since that is mere exercise, you know?  What is your favorite position?  How often?  How much?  And if you forgot and kept those glasses where they can see what you are doing, then, really, its your fault, right?

Your private life?  Gone.  And that is if, and only if, you do nothing today to not just celebrate Independence but to BE Independent.

I have a couple of cellphones in the Faraday Cage.  Pay a fee to make sure I can get some connection in the case of a disaster if there are any surviving cell phone towers or at least ones that are powered up and working.  They are a few years old.  I don't use them for non-emergency purposes and I live without them.

Beyond these blogs and a couple of places I sometimes leave commentary, I have no social media connection or contacts.  Period.  No FB, no Twitter, no LI, and that is fully and completely intentional. I keep a public e-mail account by a compromised company, the same one you are reading this from, BTW.  Always glad to use the enemy's tools against them. 

Yes conservatives should be utilizing social media.  I am no conservative.

If you saw the movie Minority Report, you have a sense of how this is going, outside of the putative storyline there are the surroundings of the characters that must be taken into account.  Advertising that is always addressing itself to you as you go through malls, along sidewalks, indeed everywhere there is a camera there is a means to follow and contact you.  Luckily you will be carrying the necessary tracking devices with you in your brand new HUD Mark X!

I cannot live and get the necessary tools for being Independent without making on-line purchases.  You can spin-up real quickly by doing so.  Getting tools, fasteners, raw materials, equipment and the rest of it is done much faster via those channels and doing without them slows up a process that I do not have years to do.  Minimal exposure is about the best I can accomplish.  This isn't the 1970's or 1980's or 1990's, but the 21st century.   This is no longer an era where privacy can be assumed but must be protected actively, by you, against all intrusions no matter how seemingly benign they disguise themselves as for you to agree to them.

And if life extension continues on at its current rate, this sort of thing will not leave you, forever.  No matter if you turn over a new leaf, the moment you do that is recorded.  Your first instance of failure is recorded.  Everything you do, say, purchase, talk to, and every movement you make will be recorded.  At that point you are no longer a citizen nor subject, but a lab rat who is no longer a person, no longer an individual, but just a collection of data to be devoured by companies and government.  Your pluses and minuses as a person all get recorded constantly because you agree to it and actively want it.  You will even pay for it.

Yes, yes indeed you will pay for it.

Forever.

I will do my best to live to the attitude of The Prisoner:

I will not be pushed, filed, stamped, indexed, briefed, de-briefed or numbered.

My life is my own.

I am a free man.

Are you?

Tuesday, June 11, 2013

Process that Preserves

I've written about the problems of the NSA surveillance of Americans in Presumed Guilty, and will switch from that to the man who actually revealed the NSA PRISM program and fled to Hong Kong: Edward Snowden.

I am not going to pre-judge his actions, but note that they are in violation of the law with presumable harm to National Security involved.  Like any other person accused of a crime he deserves his day in court and I recommend that he do come to a US Embassy and publicly relinquish himself for a public trial.  It will take time for the enormity of his actions to hit Mr. Snowden and when that happens it is my dearest wish that he does come in from the cold.

Really that is the best course of action as the one he is on now leaves him open to accusations and no closure that a trial provides.  If he truly believes he did the right thing then, while he does have much to fear from the legal system, it is a system and it has a process to it.  It is a process that preserves rights and liberty of our citizens.

As I outlined in Presumed Guilty, Amendments IV, V and VI put together the legal system to be followed with in the US and it is one of presumed innocence at the start with the onus of proof of wrongdoing falling to the accuser.  It is a process where the accuser must gather evidence, seek warrants for more information from a judge, and present that evidence in a public court so that the accused has an opportunity for a public trial by jury.  There have been numerous prior proceedings involving secrecy laws and the information within them and the procedure of reading on a judge, attorneys and jury is well understood and well known.

Truly the government need only show that the program was compromised.

I presume that Mr. Snowden's defense was that in his view the program was unconstitutional either in its basis or execution, and that his Oath required him to reveal the program to the American people as a whole.  Most of the attention is being put to Amendment IV:

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

As Mr. Snowden is pointing out that the NSA collection of information on American citizens in a wholesale manner is not only not allowable without a warrant, but that the whole of the people cannot be suspected for crimes of particulars done by individuals.  Thus even if the FISA court gave a Warrant for such activities, that Warrant is in violation of the Constitution: Warrants are for cases of individuals or small groups, not the entire population of the US.  If the NSA sought such a broad Warrant then it is in violation of the Constitution by seeking such and not narrowing its scope down to particulars and individuals.  If there is a Constitutional breach at that point it can have one of three sources, it it has happened:

1 – Judicial lack of oversight and not putting a narrow scope to data collection to protect the liberty and freedom of Americans.  You are presumed innocent of a crime and when the Executive asks for data on you via a warrant you are then suspected of a crime.  The entirety of the American people cannot be suspected of a crime and it is incumbent on the Executive to narrow the procedure down to likely individuals and their associates, not the whole of the People.  By not recognizing this basic piece of logic, the Judicial branch in authorizing such a Warrant can be found in breach of the Constitution.  At that point the Warrant is rescinded and all individuals not associated with suspected terrorists are removed from the data stores in their entirety, including all back-ups.

2 – Executive branch problems can fall into the area of not interpreting the law correctly and creating an unconstitutional execution of it via programs.  In this instance a law would be Constitutional but the PRISM concept would be violating basic protections and freedoms of the People as a whole and in their individual particulars.  Any program so ill-crafted as to need all of the data on all of the people to find the very few who may be supporting terrorists is so ill-conceived that it points to a basic and systemic problem in not just the program but in those who created and authorized it.

3 – Legislative works are not always found to be Constitutional and Congress may have given a law that contravenes the basic protections of the American people as a whole and as individuals.  The entire scope of the law may be so ill-created and ill-conceived that no one doing the process of approving it in Congress realized just how wrong-headed it was.  However if Congress did craft the law properly, but was not informed of the scope of the resulting program and what it entailed, then that is a failure of the Executive branch to properly inform the Legislative branch about the implementation of the program.  If the law, itself, is the fault then it lies with Congress at the very passage of it and all programs and functions created by it go away, and the data stores are destroyed.  A lack of Executive accountability, however, puts the Executive at jeopardy for not performing a duty to Congress as required by Congress so that Congress can exercise oversight.  In this instance a program and law can be Constitutional but both Mr. Snowden and all who are in the Executive reporting chain can be held accountable for not properly accounting the program to Congress.

These are the possible problems that Mr. Snowden may have seen and the remedy for his defense is not in Amendment IV, the basis for his revealing the program which he sees as problematical, but in Amendment VI:

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

This procedure in which the prosecution hands over all its collected evidence to the accused and opens those items up to further scrutiny by the accused is known as 'discovery'.  When getting a Warrant the Executive seeks to discover more information about someone and when it accuses them that information is then handed over.  That scrutiny is critical because the defense must be allowed access to exculpatory information in the way of witnesses and documents.

In this case the discovery would presumably happen on the PRISM program within the NSA.

The scope of it would be limited to those documents and procedures that detail the entire history of the program from its original emplacement in a Bill and authorized by Congress, to the implementation and creation of it, to how it functioned so that the Executive demonstrates that it is doing a responsible job in executing the program and properly informing Congress of it on a basis set by Congress.

The defense would not actually want much in the way of things like hardware, software, and who is running which piece of equipment as those would be a distraction and not relevant to the defense.  What is wanted is the high level Legislative enabling Bills and then how the Executive processed those to programs, with given scope and necessary high level overview of the program, and then how it proceeded over time.

The defense has multiple ways to demonstrate that Mr. Snowden operated under his Oath and duties to the Constitution and need but show how the scope of PRISM contravenes the power granted to the federal government in any single particular: with just one Constitutional problem he is vindicated.

An accuser has the power of the State behind them, but in this case it would be relatively open and shut if there is a strong belief that PRISM did all of the following:

1 – Is a Constitutional power granted to Congress.

2 – The Executive properly carried out the power that Congress enacted.

3 – The Executive properly ran the program within the scope of the power grant from Congress for the program.

4 – That no Warrants exceeded the Constitutional limits placed upon the NSA.

5 – That the Judicial branch did not improperly authorize any Warrant for the PRISM program.

6 – That the Executive branch kept Congress properly informed about the program so that Congress could give scrutiny to it so that the program was being run to their satisfaction.

Even though 6 is not a killer to getting a guilty verdict, it then opens the entirety of the reporting chain to prosecution.  And that opens up whole bunches of cans of worms because when the NSA goes rogue and lies to Congress, there is a huge problem in the National Security establishment, all the way up to the DNI who said that such programs didn't even exist nor collect data on American citizens.

So it is my dearest and most sincere wish that Mr. Snowden turn himself in because his worries of Triad contacts inside the US political establishment are valid, and drones are not the only thing in the clandestine arsenal that can take out an individual overseas.  And even Russia isn't safe, either, come to that.

If you are a supporter of the PRISM program then you want Mr. Snowden brought in for trial because you believe it will withstand Constitutional scrutiny.  Really, there is little to worry about in that instance if you believe that.

If you are not a supporter of the PRISM program then you want Mr. Snowden to come in on his own and then support him to get the best crack team of lawyers who know the security laws and how to dance them.  People used to chasing down bureaucratic paper trails, using documents to build a defense and showing just what the scope of the PRISM program actually is.  You don't get that with finger-pointing and argument, but with a court case.

And if you simply want Justice to be served, you want Mr. Snowden to come in or be brought in to trial.  If he acted properly in his assessment of the PRISM program, then he will be vindicated and the program shattered in public disclosure after he is found innocent.  And if he is guilty and the program is Constitutional and legally constructed and run, then the security apparatus will ensure that the information in the trial doesn't see the light of day.

If the entire process, including the Judiciary, has been corrupted thoroughly, then a trial will also show that, quite well.

Being on the run is only a temporary phenomena and you either find a safe haven, get brought in to trial or wind up dead because you know far too much and a trial would reveal that and possibly more.  If Mr. Snowden winds up dead, you will know that is exactly the case.  And then we have a real problem on our hands because someone no longer wants the process to preserve the system.

Monday, April 15, 2013

End of the moral State

This is a follow-up to my previous post on End Game Against Freedom.

From the film documentary by Andrei Nekrasov who recounted the murder of Alexander Litvinenko in Poisoned by Polonium, Litvinenko in his own words:

Who is Putin?

We are told, "Wait till he's President, then you'll know."

Imagine someone becoming prime minister in Britain with people asking, "Is he a thief, or isn't he?"  The real issue here is human morality. 

And then:

In the Soviet Union, there were two ideologies: communist and criminal.  In 1991, the communist ideology died.  The criminal remained.

What did Alexander Litvinenko do to get assassinated like he did?  When an esotaric radioactive isotope is ingested then you are beyond a simple murder and now must have the resources behind you to actually plan such a killing and acquire such material which is not readily available.  That is not the hallmark of the Red Mafia, which would normally just leave you dead someplace, anyplace, perhaps in public to make an example of you.  If the criminals want you dead, you are killed.  If you are made to suffer, that takes personal and private malice above and beyond simple criminal affairs.  When you see material involved that only a Nation with nuclear capacity and the ability to get, purify and deliver a short-lived isotope is involved you are now into State-enacted murder.  That is called: assassination.

If this is the case then the crux of the matter is the knowledge he had, which everyone, even Putin, admits are not State secrets.  Litvinenko had no access to nuclear weapons or facilities and although he did serve in the military in Chechnya, he was not a high ranking officer in the command staff, but a low level tank commander.  So what is it that made him a target to be assassinated?

Putin:

Litvinenko knew no secrets.

No State secrets, true.  But there are that other sort of secret that involves the State...

Litvinenko:

Everyone realizes I don't know any secrets.  The only secrets I know are about organized crime and corruption, and they can't legally be considered state secrets.  Even if I wanted to work for British intelligence, I have nothing to tell them.  How can I be a traitor to my country?

Why are they so angry with me?

Because I have spoken about the one thing that is important, holy to them.  One officer said to me, "You can out all our agents, to hell with them.  We'll recruit new ones.  But you did one deadly thing.  You made public our system of earning money.  Do you want us to use the underground?"

That is why they hate me so much.

This system was to choose a series of private businesses and shake them down for money by threats of bringing prosecution against them.  As was explained earlier in the documentary, FSB officers are attached to courts as 'lawyers' and they serve as a conduit to inform judges what to do, either through bribes or threats of prosecution against the judge, or just through simple replacement of the judge.  Once you take a bribe, any bribe, a judge is then compromised to the FSB.  By outing such information to the public, Litvinenko became a threat and was tried for treason.  Although he had released no state secrets, only made public those things that the government officials wish kept private about how they shake down businesses.  The implication is that this goes beyond just the FSB, although that, alone would be bad enough.

There is another reason for why Litvinenko was on the hit list, and that isn't discussed in this film.  He apparently had information on the murder of Vladimir Petukhov  the mayor in Nefteyugansk.  Before his death, Litvinenko had visited Israel and Leonid Nevzlin:

Yeah, I think in a way he held the door open with us.  He visit me three months, I think it was, before he was killed.  And he left some papers about what was really, because of some blames on me, what was really under this blame.  Because he was part of KGB and, for instance, he knew from the people in the KGB of the real case of the mayor of Neftyugansk, Petukhov.  So he left his evidence, names and etcetera, and who killed Petukhov and why he was killed...

That is from Khodorkovsky a documentary by Cyril Tuschi and yet another film I recommend for those interested in liberty, freedom and morality.  A bit later in that interview Nevzlin would tell us that he passed that information on to Israeli police and Scotland Yard.  Here is an unexpected intersection between one of the oligarchs of Russia, the KGB/FSB, Putin, Litvinenko and the stark contrast between two sides of the suppression of liberty by State power.

Mikhail Khodorkovsky, as the documentary examines, is an unusual case in the Russian post-USSR power struggle as he is not part of the functionaries of the State, in main the FSB, nor a part of the criminal class that infested the rule writing of the early Russian Duma.  In those early years there was a place for the type of people that Boris Berezovsky talked about with Nekrasov:

B – What a price humans have to pay for knowledge.  How hard it is to rise above the common wisdom.

N- Is it even more difficult for Russians, would you say?

B -  I know what you mean.  The Russian mentality is that of slaves. That's why the system of forced limitations is so welcome. So why then am I advocating liberalism in Russia?  Am I contradicting myself, advocating freedom for the Russians, going against the nation's character?  So, is Russia ready, which means her people ready to take up the responsibility of freedom? I think they are ready.  Because once the tyrannical dictate was lifted, millions of entrepreneurs appeared, a myriad of independent politicians and journalists appeared.  Russia turned out fully prepared for this crucial, historical step.  We only needed to move forward and consolidate that freedom.  And so my main conflict with the authorities today  is about individual independence.  All those stupidities – media controls, "vertical power" – have one result.  Destruction of freedom in the minds of Russia's citizens.

Of that new entrepreneurial class was a group that would start from the ground-up, and would attempt to actually put real capitalism into play in Russia.  Of those Mikhail Kodorkovsky is the most notable as he started with next to nothing to form a bank in Russia without even knowing how a checking account worked because there had been no banks, no checking accounts, no savings accounts, nothing like that in the USSR.  They had to ask experts in to teach them the basics of banking and they did make mistakes, but also made money as Bank Menatep was far more secure than anything else in Russia at the time, which is not to say that it was secure by Western standards as the scandals that came to it demonstrated.

Bank Menatep would also fund a bid for the Yukos oil concern, which had been a State run oil system in the USSR.  Bids from outside Russia were excluded, and while there are complaints of corruption about that it must also be asked what government would want to hand over such a large concern to foreign owners?  If a reasonable and reliable bidder inside Russia could be found then why not hand it over to them?  It was sold at a fraction of its value at $300 million, which was a huge amount in those days in Russia. 

Do remember that a few years previously there had been, effectively, $0 in Russia, and Putin's swindling of St. Petersburg via non-use of sold goods abroad was placed in its lower range at $92 million.  Yukos also had $3 billion in debt, so anyone who was purchasing it was getting a massive amount of debt and the responsibility to pay it off.  This was also in a period in which Saddam Hussein was effectively bottoming out the oil market by selling Iraqi oil far under market prices so as to depress the oil market.  Given that background and realizing that transparency was necessary for running the firm, one would have expected failure of Yukos.  Instead it succeeded, wildly, because it was a transparent, open organization that allowed public scrutiny of its affairs and transactions.

From Irina Yasina journalist who worked with Khodorkovsky to help establish his education works and who was the director of Open Russia:

At some point, Yukos was also a non-transparent company.  Minority shareholders were treated badly and no quarterly reports were submitted, like in the West.  That's what it was like in the beginning. After a series of scandals, Khodorkovsky understood:  If you make a company transparent, you attract investment.  He learned from his mistakes and knew this would also make money.  So it was actually a business project. 

And that made him rich, at one point the richest man under 40 on the planet and headed to become the richest man on the planet, period. 

If oligarchs are to be deplored, and oligarchies which they are a part of, then what about an oligarch who is setting up a template for breaking up the oligarchical system?  Khodorkovsky and the people that came to Yukos were embodying a spirit that did not see them spend on lavish estates, fast cars and the high life, but something far different.  They did live in good homes, yes, but Khodorkovsky also started funding scholarships and schools.  It is forgotten that in the early days of US capitalism there were more than Vanderbilts and Rockefellers, but also Carnegie, Ford and Westinghouse.  Even Rockefeller would start building foundations, charities and just give money away.

Cyril Tuschi:

On the advice of an American PR firm, Khodorkovsky establishes in 2000 Open Russia an organization to support education in Russia.  Khodorkovsky invests $100 million in universities, boarding schools, and training programs for journalists.

In Russia, which did not have such a foundation of moral philanthropy as we know it in the West, to find it suddenly appearing in the post-Soviet era in Russia is nothing short of astounding.  Khodorkovsky, even before he was charged with crimes under Putin's regime, had started that transformation by talking of the need for a civil society so that freedom can flourish. 

From Khodorkovsky's mother, Marina Khodorkovsky:

Education! Mischa's central idea was, that democracy doesn't trickle top down.  It has to become a necessity from the bottom up. When people start to broaden their horizons, they start to think and develop other interests.  That was his core idea.

There is a central dynamic in capitalism that is a moral one and it has to do not just with wealth but its uses.  Khodorkovsky writing from prison:

I must thank prison.  In a way I am freer here than when I was leading the company. I'm only responsible for myself, here.  Here I've come to realize that owning assets, especially large assets, does not automatically make a person free at all.  As a co-owner of Yukos, I had to expend huge amounts of energy to protect this wealth.  I had to abstain from anything that might jeopardized my wealth. I also had to impose limits on myself, because speaking openly and frankly could have harmed those assets.  I had to ignore a lot and put up with many things all for the sake of my personal wealth, to preserve it and increase it.  Not only did I control this wealth, it controlled me, as well.

These are not the words nor thoughts of a man in bed with a regime or criminal organization, but a capitalist with morals and ethics speaking about what acquired wealth does to one.  Unlike George Westinghouse, Mikhail Khodorkovsky hasn't learned the morality of ethical use of capital, but he has learned the basics that even Rockefeller had to learn: when you have so much wealth you are its prisoner as well as its owner and you are the one for your own sorry state of circumscribed freedom.  The only answer to this burden is to lessen it: Andrew Carnegie sold his entire company to J. P. Morgan, while Ford ensured of good worker pay so that they could afford to actually buy the products they made, and Westinghouse concentrated on improving the workplace, work hours, working conditions, and lives of his employees so that they could own the homes the lived in that had electricity and running water in them.

Capitalism is based on providing goods that are wanted by individuals at the lowest price possible to make a profit so as to not only sustain but increase production, while lowering costs.  If no one wanted the goods or services provided, a company would go under, and yet we, in the West, now have a corrupted banking system and industrial system where companies are supported by the State and must answer to its tune.  All in the name of 'saving' such companies that rightfully deserve to fail.  If Yukos was barely able to support itself and had huge debt, then what does it say when the company is turned around, opens its books and becomes successful?  In other words it stepped free of regime support, learned what it means to be accountable to shareholders and then did the right thing to increase its transparency to increase its business and attract more capital. 

At heart capitalism and companies are moral and ethical organizations of individuals while government is an organization of power.  When companies and governments work together it is to the detriment of the moral and ethical roots of capitalism and does nothing but make stronger the power of government over its citizens.  Contributing factory space, production time and other commodities at a low price to defend a Nation where a company resides is one thing.  To take orders from government in peace time on what to make, how to make it, how to produce it and then to kick-back money to campaigns and politicians is inherently immoral as it robs shareholders of their say in the company, and unethical as it puts those in charge of the company in the position of betraying shareholders for their own interests in a share of government power and support.  It is, in other words, fraud.

Yukos was a very wealthy company and one of the wealthiest in Russia when Putin came to power.  This from Aleksey Kondaurov, former KGB general:

The relationship between Putin and Khodorkovsky was in order.  They met regularly and discussed various issues. We had good relations with the government.  After all, the operation was really very powerful.  There was no other company like ours.  We were the country's biggest taxpayer.  We paid more taxes than Gazprom, who were bigger than us.  Which is why we had a good relationship with the secret service.

Via paying taxes, Yukos becomes something quite different than the other companies run by oligarchs who had non-transparent companies: a respected business.  Transparency, paying what you owe in taxes, paying off debt, gaining investors, and becoming rich are combined together and they cannot be separated.  Becoming rich is only a sin if it is your sole and only goal, and this was not the case with Mikhail Khodorkovsky who ensured that his business did the right things to demonstrate that it had responsibilities to attend to in the governmental affairs area via good relationships with government but also to support its civil duty to pay taxes like any good corporate citizen.  It was not there asking for special privileges, special monies, special projects or other such things in promises for political support from the company.  And the FSB, Putin's own organization, understood just who it was that was the largest taxpayer in Russia and appreciated that, respected it, save for at the very highest of ranks.

Former Yukos lawyer, Dmitry Goldlobov recounts what happened:

Putin told them: "Okay guys, stay away from politics, okay?!" And everybody agreed.  Everyone nodded and said: "Okay".  Khodorkovsky nodded as well.  He didn't say: "Dear Mr. Putin, I won't stay away from politics! I'll be just in the Duma" or something.  He agreed.  And afterwards he violated that deal.

Why?  That idea behind Open Russia: a better educated civil society with many interests and a bottom up democratic institution.  To have that sort of institution, to get to a democracy, there needs to be a competition in ideas and ideologies.  And Litvinenko already told us what remained after the USSR in the way of ideology: criminal ideology.  If Boris Yeltsin had tried to build something better but was overcome by the corrupt institutions that remained, particularly the FSB but also the infiltration of the criminal class into business and politics, then what did Vladimir Putin represent?

Litvinenko had outlined this, as well:

In our country, the special services are, in fact, a secret political organization that uses sharp methods, secret methods, not against spies and terrorists, but solely to keep a ruling class in power.  In 1999, for example, to seize power, the FSB used secret methods that are only allowed against terrorists and spies.  If the army were to seize power, they'd roll in with tanks and guns and fly in with jets maybe.  But everyone would notice. The FSB, on the other hand, has secret methods, and nobody noticed anything until chekists made up the government and seized every organ of power.  If the KGB was the armed unit of the Communist Party, then the FSB is the armed unit of – of a caste of corrupt Russian officials.

If you are aware that to run an ethical concern, be it business or government, there must be transparency, and the man in charge and, indeed, the whole establishment of government, is not transparent but has a veneer of democracy on top of it, then what do you do?  Ethically you know that any agreement you make with such a government can be over-ruled by those in power at a whim.  In fact the FSB is particularly good at 'compromising' people and bringing false charges to conviction via a compromised judiciary process.  Without criminal, judicial or police help, just why would you stand by a corrupt government?  Even worse, what can you do to change it?  Khodorkovsky realized that any agreement he made with Putin was ephemeral as Putin had already been shown to be underhanded in his business and official dealings before coming to office.  A corrupt government does not gain the loyalty of ethical individuals be they citizens or corporations.

For doing this, Khodorkovsky's bank had a sanatorium, the RUS, seized by the State.  This was a good if not the best hotel in town and its seizure was rumored to be done on Putin's orders for his wife, who liked the place.  No real legal pretext was given: assets were seized without any indications of having done anything wrong.  Khodorkovsky did nothing, at first, as this was an act of raw power by the Kremlin.  Other business leaders approached Khodorkovsky to speak out about corruption in the Kremlin during their annual, televised meeting with Putin on 19 FEB 2003. Leonid Nevzlin was his business partner and summarized it like this:

Khodorkovsky was asked to bring up the topic of corruption at the Kremlin.  I remember he was unsure whether he would or not.  But it had to be done on principle.

And then Alexander Temerko, a former Yukos VP recounts:

Voloshin told Khodorkovsky: "TV will be there!  We'll instruct the stations to broadcast your speech about corruption! And Putin will definitely react in the right way."

That is charming naiveté, at best, as it must be remembered that this is the same Putin who deceived St. Petersburg, ran the KGB/FSB, worked to launder money for drug cartels in Germany and who had now taken offense that some business leader might actually be funding the opposition and responded by seizing assets using the power of the State to do so.  With those things known, and do choose just one or two before the seizure event, why would anyone expect Putin to act 'in the right way'?

From Aleksy Kondaurov, a security advisor:

At the meeting with Putin he said – and I think this sealed Khodorkovsky's fate – "We started the corruption process, so we should end it."

From Igor Yurgens, Economic Advisor to President Medvedev:

I was present at the meeting and I can tell you that, uh, uh, he handled that confrontation [?] in an arrogant manner.  To be objective I can tell you that sitting in front of the acting President accusing the President, practically, of covering up for the corruption in the State controlled oil company.  That was a little bit too much.  He could have chosen a more elegant way or less confrontational way, but what he said was true.

And part of what was said at the meeting:

Khodorkovsky - Experts from our organizations analyzed the extent of corruption in Russia and all arrived at the same figure: it is estimated at $30 billion.

Putin – You've mentioned the merger between Rosneft and Severneft.  I obviously feel that Rosneft's chairman should react to this and offer further explanation.  Although some aspects are immediately obvious: Rosneft is a state-run company which must increase its reserves.  Because these reserves simply aren't sufficient.  Some other oil companies, such as Yukos, have excessive reserves.  Yet how has Yukos achieved this?  That's a question we should discuss today. As well as payment or non-payment of taxes. We did discuss this with you previously, didn't we? Not long ago.  Your company also had difficulty paying taxes.  But respect is due to the management of Yukos – for coming to an agreement with the tax authorities – settling all claims and issues with the state.  But how were these problems created? Perhaps that is why so many people study tax law. Are you following me?  I'm hereby putting the ball back in your court.

So what is Putin's point?  Yukos, by his own admission, has paid up on its taxes and is, indeed, the largest taxpayer in Russia.  It has large reserves of oil, yes, but gained via commercial activity as he puts no other activity forward that can explain that.  Marginal tax rates are not enough to make or break expansion of reserves and if he has complaints about what prior administrations did in awarding Yukos, then why doesn't Putin want those administrations investigated?  Of course he was the head of the FSB under those administrations and if he had anything at the time, he should have spoken up.  Of course there is that matter of SPAG with Putin sitting on its board and being head of the FSB while the company was charged and convicted of money laundering for drug cartels... perhaps he had other worries at the time, eh?

What you see at work, however, is the head of a corrupt State, or soon to be head, dodging responsibility and transparency, while complaining that a transparent company that has done the right thing might be in the wrong.  If you bring up the Yukos reserves then what about Rosneft's inability to perform marginal expansion or just pay for oil on the open market, or purchase the rights from other companies to their reserves?  If there are any problems with Yukos on taxes then what about Rosneft and its main function of actually running its oil affairs competently?  This is how you cover up corruption at the State level: you blame the innocent or cast doubt on their legitimacy.  Any head of State that is pointing out all the wrongs in others, is in the process of casting them as not being upright while not addressing if he or she has the moral and ethical stature to actually accuse others of anything.  The more you hear haranguing, accusations, belittling, and bringing up past affairs that are ALREADY SETTLED, then you are hearing from someone who, themselves, have something to hide.

It is this that is the indicator of a corrupt State.  If Vladimir Putin wanted to have businesses stay out of politics then, really, the State must stay out of interfering with businesses.  The moment a State decides to wield its power to tell companies what to do or actually purchases companies to be run by the State, then the companies involved have a right, duty and obligation to protect the assets they have from their shareholders and have direct input back into the State.  This is the heart of the process of corruption and collusion between a State, any State, and its business community.  It is one thing to uphold laws of transparency of accounting, keeping good books, and being accountable to shareholders and quite another thing to impose the power of the State towards State ends on private concerns.  Russia, of course, has an entire history of just this problem, going back to the Czars and including the entire history of the USSR and now the post-Soviet era.

From this confrontation Khodorkovsky would attempt to get foreign companies, Exxon and Chevron, involved with Yukos not only to allow those companies into the Russian market but give Yukos a foothold in the American market.  He would establish a foreign outpost of Yukos in Houston, TX which would become the basis of such agreements and would also serve as a separate part of Yukos outside of Russian laws.  Of course this wouldn't do as it would make Yukos an independent, international concern.  This resulted in the arrest of Yukos leading official after Khodorkovsky, Platon Lebedev while he was in hospital and then whisked away to an FSB secret jail.  Isn't it wonderful when State run secret police have secret jails?  At that point Khodorkovsky started telling those close to him in the company and his family to get out of Russia because he didn't want any more hostages taken by Putin.

The State sent people to Khodorkovsky trying to extort money from him so that they would leave him alone.  But he had already seen that sort of trap: once you give money like that you are on the hook forever and they can reneg on the agreement at any time and jack up the costs on a whim.  Besides, Yukos was transparent, had regular outside audits and published those openly.  Yukos had no money to give that could not immediately be seen, and Khodorkovsky had already said that he wasn't running away from Russia as a political exile.  Yukos had paid its taxes, settled any arrears and was in good standing as a taxpaying company.  He was, in other words, not giving into the temptation of easy corruption, an easy life.  That isn't his goal any longer, but for that longer vision of an informed Russian civil society, and he knows that he will pay a price to be on that road.

Two days before his arrest giving a speech at Belgorod University, Mikhail Khodorkovsky said:

Elections alone won't build a civil society.  But it's a first step towards creating a normal state, in which it isn't merely pleasant to work, but also to live.  Let us build it together.  Thank you.

And then in a television interview on Belgorod TV the day before his arrest:

Interviewer - You were in America when your Yukos offices were searched. But you still came back to Russia.  Aren't you afraid that men with handcuffs might suddenly turn up?

Khodorkovsky – As long as our country isn't fully a civil society, nobody is safe from the people with the handcuffs.

The trial on tax evasion, itself, was a pre-determined affair run by the FSB and, ultimately, Putin.  Khodorkovky's denial for early release similar and hinged on missing a sewing class in jail, while otherwise being a model prisoner.  As his time in prison was running out Putin had him tried and convicted of other charges, stealing hundreds of millions of barrels of oil which, strangely, no one can find missing or hidden, anywhere.  Yet still he was convicted of doing the impossible.  The message was clear to those that followed Khodorkovsky's path in business or who hadn't thought that the State would reach out to seize any of the oligarchs: they fled Russia.  And who spoke out against this?

The silence from the West is deafening.

There were long standing groups working to free political dissidents in the USSR who dared speak out against the regime.  But Khodorkovsky, for all his insights into what it takes to have a civil society, gets no support.  A business man who has straightened up the ways of his company and himself, who supports a freer and more well informed society, who behaves with demonstrable morals and ethics can't get that.  Yet he did the right thing, by forming an organization with the goal of expanding the civil sphere, personally donating to schools and institutes, donating to a political opposition so that there could BE a political opposition that could get its ideas before the public.  Too bad it comes from a businessman and not some lowly transgendered artiste speaking in coffeehouses, huh?  The latter would get some press, at least.  An ethical businessman who happens to be the richest man under 40 on the planet?

Joschka Fischer, former Foreign Minister of Germany about what happened after the imprisonment of Khodorkovsky with respect to Khodorkovsky and then Yukos a bit later:

We had a vested interest in asking, can't we solve the Khodorkovsky issue –even after his arrest?  Can't we solve this, so that he might be released from prison? But Putin was highly emotional and totally rejected it.

[..]

It concerned the property right at Yukos.  In respect of which the international part of Yukos filed a lawsuit with a Texas court.  The question was: How can the property rights of Yukos be transferred? We had a meeting with former German Chancellor Schroder, Putin and myself – and the Russian Foreign Secretary.  And we met on this sailing ship that's permanently moored in Hamburg, "Rickmer Rickmers" or whatever that ship is called.  We sat below deck. Putin was quite cheerful –wel, yes, in a good mood, saying: "Tomorrow, you'll see how it works!".  Exactly that day Yukos was put up for auction and suddenly an investment group from Novosibirsk, or Irkutsk, or wherever, turned up out of the blue, made a bid for Yukos.  And was awarded the rights.  They immediately sold them on to Rosneft and disappeared into thin air.  And with this trick, the address, at which a civil lawsuit in America could have been served, simply vanished.  And Rosneft could say, "I don't know what the problem is.  We acquired it lawfully.  Any issues you have with this investment group that doesn't exist anymore are not our concern".  Therefore the whole issue, at least, regarding the legal aspects, was rigged.

That is what is left in the place of an ethical business situation: one in which a State-owned concern that can't manage itself well is given the assets via a rigged system that is opaque to all concerned in order to escape legal ramifications of seizure of property.  And those in power in the West who are elected officials and should be seeking to have other governments respect human rights?

Again from Joschka Fischer:

The world isn't what you imagine.  There are interests and values.  But the idea that there are human rights and we will enforce them by any means, is of course absurd.  Then you'd create the opposite of human rights.  That's not how the world works.

Tuschi – But you're still quite an idealist when it comes to the world in general.

Fischer – But I am also a realist.

T – No, you are not at all.

Indeed our rights are endowed to us as individuals and governments are creations of man, not Nature.  Human rights cannot be enforced by governments at all.  It is, however, governments that have the responsibility to respect human rights as they are the creation of men.  Fischer is quite right in that government is not the enforcer of rights as that would make it the granter of rights.  With that said it is not absurd for people to seek to have governments respect human rights, especially those of their citizens.

Milan Horacek, Human Rights Delegate in the EU government:

In all my human rights work, this is the first time I've defended a capitalist, but they are also entitled to human rights.  Which is why I said in my plennary speeches that, at the age of sixty, I have now decided to defend rich people.  One can't distinguish between human rights for the young, old, poor or rich. 

From Andre Glucksmann who covered some of this in the Nekrasov film:

Putin's regime is a regime of oligarchs who own Russia in its entirety, who sell their oil themselves making a huge profits while 50% of the population lives below the accepted poverty line.  So it's a regime of profiteers.  But you may call it what you like.  Of the many types of capitalism, this is one of the worst if it's capitalism.  If it's socialism, it's also very ugly.  So it's -

Nekrasov – It isn't socialism.

G – Well it does have many socialist characteristics.  There is the power of the police, the power of the army, the absence of freedom of expression. Virtually totalitarian.  I also think there are rich men who have become strong supporters of public freedom, that's to say, the rights of man, social security and so on, who find themselves in deepest Siberia.  I mean Khodorovsky.  So I think it's necessary to support both the unemployed who demand food and the capitalists like Khodorovsky, who may be called a capitalist, but he is also for freedom.  On the other hand, we must condemn all those who suppress and prohibit freedom of expression.  In my opinion, Russia has gone back to something it had under the tsars.  Always – At some points, the possibility of real reforms, efforts for reform.  But under the tsars, under communism and today, it was and is an autocracy.  What your Putin calls "vertical power".  That's the way things are now. In my opinion, that's dangerous.  Not only for the Chechens who are being massacred without anyone allowed to say how awful it is, and not only for Russia that is being stifled, but also for the West.

What we can get from these two films is that there is a deep sickness in Western culture as a whole as seen by the inaction of governments with regards to Russia.  But this goes further than just Russia or governments. 

Again from Glucksmann:

You know, France, among the elite, has always suffered from the morbid influence of a Russian mirage.  Later it was the Soviet mirage, bit it had been a Russian mirage.  In the beginning, the French salons of the 18th century were full of admiration for Catherine II and, before that, Peter the Great.  Peter the Great was received by the French Academie just like Putin now.  Together with Bernard-Henry Levy and Philippe Sollers, I wrote a petition to say it was shameful. But there is indeed a kind of innocent and inane admiration, that is to say ignorant admiration, for a state that asserts itself as rational and Western in its appearance.

Nekrasov – So what about Chechnya?

G – That's a scandal!  But even Voltaire knew that Peter the Great had killed his son under torture.  But he tried to hide this fact.  There were also some partisans of Russia at the time of the philosophers, like Diderot.  But he went to see Russia, and though he could no longer protest openly – since he was paid by Catherine II – he left some papers in his drawer.  When Catharine read them, she was appalled.  What did he write?  He wrote, "The Russia of Catherine II has rotted before it ripened."  Instead of ripening, it has rotted.  I'd say its not just the leaders.  There is something wide-spread, a wide-spread malady that exists.  When Hermann Broch, the great Austrian writer, was asked in 1945, "So you think all Germans were fascists? Nazis?" He said no.  "So?" He said, "Listen, there are Nazis, and then there are those who let them come to power, who stood by and let it happen." And that includes all Europeans, without exception. There is then a crime of indifference that is even more fundamental because it is the condition that permits the Nazi crime.  The Nazi crime itself was committed by the Nazis and the part of the population of Germany and also of Europe, but only a part.  Yet the crime of indifference that first authorized the Nazis to take power, and later to wield it in the known way, that is a general crime committed by the Europeans, the leaders and also the population. The crime of indifference consists of closing one's eyes when criminal behavior begins.

Do you see governments trying to pick winners and losers for technology?

How about bailing out banks and deciding which financial institutions need to go under and which should remain?

Have you ever seen a government bail out a failing firm for any reason beyond saving some section of it for defense related purposes?

The disease is socialism, and it doesn't matter if you call it International, National, Communism or 'The Third Way', it is a horror whenever it starts because it is utilizing the power of the State to bring society under its control via controlling its businesses either via outright expropriation (Nationalization, which means a bunch of bureaucratic cronies who don't know the business will run it) or via cronies and payoffs (which means a bunch of business people who don't know  how to run a business efficiently but do know how to grease palms is running it).

Cronyism starts via 'subsidies' and the State telling private firms and individuals what they can do through enticement.  Or via rigging the market via 'regulations', which tend to favor larger firms over smaller, since they can grease palms more thickly.  Those that point this out as corruption become the targets for well funded political attacks, which then turns into laws limiting what you can and cannot say about such activities.  Those laws are enforced by some National government police system, which typically is a Secret Service.  Power is thus transferred bit by bit from government to just a single organ of it: the Secret Police.  It may start as a form of Praetorian Guard or some such, but at some point the leader of the Guard becomes the head of State.

It is why the Red Guard was killed off by the Reds after the October Revolution: the State had the Cheka and it was far more efficient at finding threats to the State than the Red Guard was.  It is the reason the early Black Shirts in Italy were hunted down by the State.  And the SA by the SS in Germany.  Even the most fervent ideological supporters of the ruling caste found themselves on the outs when they were no longer necessary to grab State control.  In fact they were a threat to State control as they knew how to get up the rungs into power.

And the population as a whole?

Docile.  Not wanting to think about what the ends were of these means.  Lulled into poverty and then distracted by merely physical means, like hard drugs, sex, music and concentrating on frivolities while the State provided more and more of their lives until the State could decide who lived and who died.  That is the end-game of every Western terrorist group, and the object is to seize the State police power.  Mind you they never think that they can be destroyed by that same power once control over society is concentrated into the hands of the very few.  Men like Berezovsky, Khodorkovsky and Litvinenko are threats to this system as they tried to show the corruption at the heart of the State, did their best to educate themselves and then realized that the entirety of society needed to be educated as well.

Litvinenko was assassinated for speaking the truth.

Berezovsky fled and that gives him limited input into Russian society.

Khodorkovsky... he helped to set up the way the laws worked in post-Soviet Russia, and admits this and that they were as moral as they could be, those who did this, but that their society was unable to see what morality was.  Once awakened to what was wrong, he became transparent, funded education, pushed for a more open society and then funded the opposition movement.  He was no longer going to be playing the game he set up because it is corruptive, and continues past wrongs.  He subjected himself to a corrupt system with typical outcomes, which he knew.  He left Putin with a truly awful decision.

A dead Khodorkovsky is a martyr and can never, ever change how he thinks.

A live Khodorkovsky might be re-corrupted, but you also know that he knows exactly what the system can do to him and the more you make it bad, and the longer he perseveres, the worse you look.  Not manly at all for the manly Putin to have a businessman tortured because he refused to play ball.  But you can't lock him up forever.  And without him the economic system has lost its vibrancy, its ability to rapidly expand... and yet the very qualities that allow it to do that means that the State control is threatened.

As the man who spent time in jail with Khodorkovsky said: he is alive because he is standing in someone's way and they can't just kill him.  Yet, in unjust exile, his point becomes stronger by the day.  Strong enough to pierce the indifference of Russian society?

He is in jail for a reason.

Would you gladly submit to a corrupt system created by your own ignorance and indifference so as to change it?

That is the dilemma of The Prisoner and his answer still stands:

I will not be pushed, filed, indexed, stamped, briefed, de-briefed or numbered.  My life is my own.

It is the only way to be free when the State seeks absolute control over you via society.

Don't think of Khodorkovsky as a man, just as #6.  And still he smiles in court a testament to the power of just one man.