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The Lawyers Carve Up the Golden Goose

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Tuesday, November 07, 2017

SENATOR WETBACK

I prefer to refer to him as Senator Wetback. His real name was Patrick Anthony McCarran, and this bitter xenophobic, contemptuous narcissistic windbag, represented the very worst in the American character. He  preached fear of the future, fear of our enemies,  fear of our friends and even fear of ourselves. It was Pat McCarran who gave the Health Insurance Industry their anti-trust status, allowing them to collude in setting drug prices.  It was Pat McCarran who fed America’s vile dead end phobia of Mexican immigration.  It was Pat McCarran who first used the Senate of the United States to bully and terrorize loyal American citizens. It was Pat McCarran who turned Joe McCarthy’s bungling histrionics into the best weapon the Communists had in the cold war. In short, it was Pat McCarran who planted the seeds of the poisons politics that Donald Trump would harvest.
Pat McCarran was born the same year that George Custer died on the Little Big Horn; 1876. He was raised on an isolated sheep farm outside of Reno, Nevada, 15 miles from his nearest human playmate. He remained an isolationist his entire life. He attended the University of Nevada Law School, but had to drop out when his father was injured. Pat would later pass the bar, studying on his own.
As a new lawyer Pat McCarran made two big mistakes. The first was in 1907 when Nevada Governor John Sparks offered the thirty year old an appointment as a judge. But Pat’s paranoia drove him to reject the appointment. He later admitted ruefully, “That was the first and only appointment that was ever offered to me.”
His second mistake was when he served as counsel in a divorce case, Wingfield v Wingfield. The husband, George Wingfield, was the Democratic political boss who ran Nevada politics. And by representing the wife, Mae Wingfield, Pat McCarran earned the undying enmity of the Nevada Democratic Party leadership. When he tried to run for the U.S. Senate in 1908 he was black balled. One party leader noted, “His reputation as a double-crosser is too well established throughout the state.” Twenty years later the black ball still denied him a nomination for a Senate run.
Pat McCarran was finally allowed to run for the for U.S. Senate in 1932, at the age of 56, primarily because nobody else wanted what seemed like a useless nomination. The Democrats had been the second party in Nevada since the civil war. But in the general election this “ rotund man with a double chin, wavy hair and a high-pitched voice, who often says "My hide yearns for the alkali dust and the desert"— was swept into Washington on Franklin Roosevelt’s coat tails. Pat then proceeded to spit on those coattails.
The new Junior Senator from Nevada (left - second row) opposed every element of the New Deal. “The innovations of executive power, indulged in by Jackson, promoted by Lincoln, expounded by Garfield, declared righteous by Roosevelt and philosophically promulgated by Wilson, appear to have been but forerunners, rivulets, as it were, contributing to a flood that now sweeps on, submerging the Utopian doctrines and theories of Jefferson and conferring unheard of and unfettered expansion to the executive” That kind of rhetoric got him re-elected in 1938 with 73% of the vote.
Now secure in his seat, McCarran made speech's along side fellow Catholic Charles Lindberg, preaching isolationism. “I think one American boy, the son of an American mother, is worth more than all central Europe.”  He condemned Roosevelt’s supposed “secret plan” to push America into WW II. After Pearl Harbor, it was McCarran's desperate attempts to justify his prewar opposition,   which gave birth to the conspiracy myths that FDR had purposefully ignored Japanese plans to attack Pearl Harbor. In fact it was McCarran's stinginess over military budgets that left the Army and Navy short planes and radar to intercept the Japanese attack on Pearl Harbor.
After Pearl Harbor, however, Senator McCarran was certain that Nevada got it’s share of war spending, including the third largest manufacturing facility built during the war, Basic Magnesim’s $140 million plant, built at full government expense, and the town of Henderson, built again at government expense, to house the plant’s 15,000 workers. Pat won re-election in 1944 with 68% of the vote.
The war and time made Pat McCarran one of the nation’s most powerful senators, by making him one of its most senior Senators. By 1945 he had become the new political boss of Nevada, the new George Wingfield. Pat even filled the U.S. capital building with so many graduates from Nevada Universities that they became known as “McCarran’s Boys”. And after a couple of years working in Washington, many of the “boys” became part of the McCarran Machine, back home in Nevada.
Pat McCarran handed out just as many “black balls” as he had been handed. Federal Marshal Les Kofed explained to the Senator that Federal law prevented political appointees like him from making speeches in support of a local politician. Marshal Kofed explained, “Out of a clear blue sky, shortly thereafter,…I received a call from the chief deputy at Carson City, that a new marshal had been appointed, that I had better come in and turn in my keys.”
By 1950 Time magazine had begun describing the 73 year old Pat McCarran as “pompous, vindictive and power-grabbing”. According to the magazine he “staged a one-man committee filibuster against an “Emergency Immigration bill” to admit (250,000) D. P’s to the U.S  The D.P.’s were Displaced Persons, who had survived the Nazi death and work camps, but whose identification papers had been lost or destroyed. They were people without homes or a nation willing to accept them. What concerned Pat McCarran was that many of them were Jews. He argued that the “Emergency Immigration Bill” was supported by a particular “pressure group” with “unlimited money” - code words for Jews.
The DP bill had the support of President Eisenhower. But when it was first introduced into a subcommittee in the spring of 1953, Senator McCarran “demanded” a ten day delay while his wife sought medical treatment. When “Senator Wetback” instead surfaced in Los Angles, holding hearings for his own Senate Security and Intelligence Sub Committee, and asked for three more weeks of delay, the immigration hearings finally began.
Three weeks into the hearings McCarran managed to snooker the Judiciary Committee (parent committee to the subcommittee) into voting to delay any further action by the subcommittee. When most of the Senators realized they had been tricked, fisticuffs almost broke out. It took a week, but the delay was eventually overturned. Still, in the end, McCarran managed to kill the bill. And tens of thousands of desperate people were turned away from America's shores because of one bigott.
In June of 1952 Pat McCarran co-sponsored a rewriting of immigration law, declaring that “…we have in the United States today hard-core, indigestible blocs which have not become integrated..." More code words for Jews. "Today, as never before, untold millions are storming our gates for admission and those gates are cracking under the strain… I do not intend to become prophetic, but if the enemies of this legislation succeed in riddling it to pieces, or in amending it beyond recognition, they will have contributed more to promote this nation's downfall than any other group since we achieved our independence as a nation.” He could have had the same speech writer as Donald Trump, except McCarran, at least, knew lots of multi-syllable words.
Next came the program which, for me, earned the Senator his nickname, “Operation Wetback.” That  really was its name, and it was launched in 1954 after Senator McCarran’s prodded the bureaucrats of the Immigration and Naturalization Service. The program contrasted with the ten year old “Bracero” system, in which Mexican recruiters contracted to supply workers for American farmers and railroads.
By 1954 some 300,000 Mexican citizens were legally working in the United States on temporary “Bracero” visas. Few stayed in the United States at the end of their contracts. However those programs, which protected worker’s rights and wages, were disliked by employers. Racists forces in Texas had prevented that state from participating in the program for five years. But in 1954 this successful program was killed, in favor of mass deportations - the same approach promoted by Donald Trump, and producing the same outcome - rising food prices because of a lack of field workers.
The INS would later claim to have expelled 1.3 million Mexicans (not the 13 million claimed in recent mythology) under Operation Wetback.  But a closer examination of the data shows the service could only prove some 80,000 were expelled. The addition half a million were an estimate of those who left the country out of fear, but the number was more hopeful than accurate.
The U.S. Army successfully resisted joining Operation Wetback, and in an internal report written later carried the notation, "Thank goodness"   The program ended abruptly when seven “illegals” being deported by ship, drowned while trying to swim back to the American shore. The crew of the steamer transporting them, then mutinied against their captain, and against the entire program. In the conservative myth the mutiny may get mentioned but never discussed.
But Pat McCarran’s most powerful weapon was his anti-communism. In this he was merely echoed by Senator Joe McCarthy. McCarran also supported Spanish dictator Francisco Franco, to the point that he was called “The Senator from Madrid.” He was an equally fierce supporter of Chiang Kai-Shek, after Chiang and his supporters were driven out of mainland China and retreated to the island of Taiwan. So rabid was McCarran's defense that it was not until Richard Nixon visited China in the 1970’s that some sanity and common sense return to American Asian policy.
The McCarran’s Internal Security Act (of September 1950) required members of the communist party to register with the Attorney General. So onerous were the details of the act that between 1965 and 1967 almost all of it was ruled unconstitutional by the Supreme Court. Walt Kelly, who drew the popular "Pogo" comic strip, chose to memorialize McCarrain with "Mole J. Macarney", a blind, paranoid creature, who spread tar on everything and everyone he touched.
Pat McCarran died of a heart attack in September of 1954, proving once again that politics is not about being right. It is about being re-elected. To most politicians, nothing else matters.
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Monday, November 06, 2017

YEAR OF OUR LORD, 365

I would call the year 365 the worst year for Christianity since Jesus got arrested. It began in January when hungry parties of Germanic tribes crossed the Rhine at Strasburg in Gaul on raids. As a soldier risen from the ranks, the new Emperor in Constantinople, the sour faced Valentinian I, realized that if the Germans were having a hungry winter, then spring would bring a full scale invasion. He immediately ordered the commander of the two under strength legions in Gaul, Charietto, to call for support from the loyal tribes. And he started planing to move his court and his legions to the west.
The sour puss Valentinian (above)  had only taken on the purple in March of 364, at 43 years of age. He was smart and decisive. But he had little patience with intellectuals, and when the Christian leader Hillary of Potiers insisted the Emperor enforce persecutions of pagans and Christian heretics the Emperor threatened the old pain-in-the-butt with exile if he didn't shut up and go home.  Valentinian was a Christian, but with so many enemies outside the empire, he did not want to give anybody inside the empire - pagan or Christian - a reason to join them. To an ideologue like Hillary, such practical tolerance was an insult to God.
Hillary (above) had been waging war against the ideas of Bishop Arius of Alexandria since the Council of Nicoea, back in the year 325.  Eventually even Constantine the Great, who had convened the Council, got tired of Hillary's insistent calls for punishing any who suggested that God the father (Yawyeh) and God the Son (Jesus) were not the same persona. “Jesus that I know as my Redeemer cannot be less than God”, insisted  the “Hammer of the Arians”. And yet even after Arius died in an Alexandrian toilet after being poisoned in 336, his idea of God the father and the demigod his son, refused to be stamped out   Even after being dismissed by Valentinian I, and with the threat of exile hanging over his own head ,  Hillary could not keep his mouth or his pen shut. In the spring of 365 Hillary's condemnation of the Emperor became a minor best seller.
Like many a Christian ideologue since, the 55 year old Hillary divined the end of the world was coming because the Emperor refused to listen to him. And if anybody could see the end of the world coming, it would be Hillary of Poitiers, who had urged the Council of Nicocea (above) to include the “Book of Revelations” into the now holy bible.  That book prophesied that one of the signs of the “end of times” would be the rise and rule of the Antichrist. And wrote Hillary in the spring of  365, “the Antichrist is ruling.” - meaning, Valentiniano.  Now, normally, calling the Emperor the Anti-Christ would have cost Hillary an appendage. But, as expected, Valentiniano that spring, was pretty busy.
Back in Gaul, as winter turned to spring, Charietto sent scouts into the border forests, to attack the German raiders in their sleep. He paid these hunters by the kill, which they proved by bringing in German heads, which were then impaled on spikes around Gaulic villages as a morale builder. But the bloody tributes failed to inspire the population. So the general sought out the support of an aging pro Roman Gaulic, Chief,  Serverianus, who managed to raise a small force loyal to him. And that June, with his legions tied down protecting the major cities, Charietto was forced to use Severianus's men as a rapid response force.
Unfortunately the Germans ambushed the Gauls. Serverianus was thrown from his horse and killed. Charietto managed to slow the rout for a time, but when he was killed the remainder of the force was either slaughtered or scattered. And all of Gaul began to ask themselves what they were paying Roman taxes for. It started to seem as if Hillary had been right. God - father, son and Holy Ghost - were all intent on punishing the Roman world.
The Emperor Valentinian was already on the road to Gaul, and had reached the old Imperial villa at Mediana, in what is today southern Serbia, when word of the disaster reached him. He immediately dispatched an old political ally, Dagalaifus, to take charge of things on the ground in Gaul.  But the disaster highlighted, again,  that the Empire was too big for one man to rule. Valentinian had promised to name a co-ruler and he did so now, handing over Constantinople and the eastern half of his realm to his younger brother Valens . This division, in 365, would prove to be the ultimate break between east and west, Greek and Latin Christianity, but at the time it was merely a division of convenes. Valentinian then hurried on to Gaul, not pausing until he had reached the ancient circular fortress town of Rheims.
Meanwhile, roughly 17,000 feet beneath the merchant ships plying the surface between the bread basket of North Africa and the way station island of Crete, a truly earth shaking doomsday was looming. As yet unimagined by human minds, ancient Greece and the islands of the Aegean, birthplace of democracy and Western literature, was being held in place against the anvil of the European plate, while from the south the even larger hammer of the African plate was driving under the Aegean plate at an inch and a half a year, downward at a 30 degree angle and pulling the southern edge of Crete down with it. 
And off the island's southwest coast, just after dawn on 21 July, 365,  the rocks of the Aegean plate snapped, and the west coast of Crete suddenly popped 20 feet into the air.  Hillary of Poitiers may have prophesied this as the end of the world, but it had happened before. That was why Crete was there in the first place.
Almost two thousand years later the shaking would be estimated as an 8.5 earthquake on the classic Richter Scale. Survivor Ammianus Marcellinus would describe it as “...a thick succession of fiercely shaken thunderbolts” which made “the solidity of the whole earth...shake and shudder.” And he was 600 miles southeast of the epicenter. 
 A mere 20 miles from the point of break, at the base of a peninsula on the northwest coast of Crete, was the port of Phalasarna (above), a wealthy harbor for over six hundred years. That morning, 21 July, 365, the entire harbor and town was lifted nine feet out of the water. 
Walls and stairways cracked, homes and work shops collapsed and the stone supports for the piers (above) were lifted straight upward, leaving them high and dry. In a few moments it became a port without water. In the town, the dead outnumbered the living. And every town on Crete was damaged or destroyed by the quake.
The pagan writer Libanius attributed the disaster to the anger of Poseidon, the god of the sea and of earthquakes, as punishment for the heresy of Christianity. The world was, “Like a horse shaking off his rider...All the cities of Libya were destroyed...the greatest cities in Sicily lie in ruins, as do those in the Hellenes...beautiful Nicacea has been felled.”  Meanwhile the Christian writer Jerome described the collapse of the walls and houses of the city Ar Moab, east of the Dead Sea in Palestine, as the Christian God's wraith for the sin of paganism.
But the greater killer was the tsunami. To the west, 600 miles from the epicenter, the first 82 foot high tidal wave hit 70 minutes after the quake, washing up to a mile inland on Malta. On the south coast of Cyprus, 500 miles to the east,  the wave drowned the city of Kourion, killing at least 5,000, including craftsmen at their work benches. But the worst was what the wave did to the great city of Alexandria, on the Nile Delta.
Marcellinus was there when “...the sea was driven away...so that the abyss of the depths was uncovered...Many ships, then, were stranded as if on dry land, and people wandered...to collect fish and the like in their hands; then the roaring sea....returning when least expected,  killed many thousands by drowning...the bodies of people killed in shipwrecks lay there, faces up or down. Other huge ships, thrust out by the mad blasts, perched on the roofs of houses...hurled nearly two miles from the shore.”. The cost in Alexandria was at least 5,000 dead and 50,000 homes and apartments destroyed. Farmland in the rich Nile Delta was poisoned by salt water for a decade.
Where the island of Crete, north of the fault, had been raised in an instant by 9 feet or more, south of the fault, in Alexandria, the shore sank by 20 feet, submerging the harbor breakwaters, the famous lighthouse, even Cleopatra's tomb. 
And the House of the Dead, tomb of Alexander the Great, one of the greatest mausoleums in the world, was shattered by the earthquake and then smashed by the waves, its scattered stones scavenged until there was nothing left of it. For two centuries Alexandria would memorialize “The Day of Horror”.
In far off Reims, in northeastern France, Valentinian I's only concern was that in the midst of a Germanic invasion, he was suddenly told he could expect no revenues from the rich lands of north Africa and Sicily. Meanwhile in the east, his brother Valens was facing his own crises.
Upon becoming eastern Emperor, Valens (above) moved his legions to quell revolts in Mesopotamia, and had reached Cappadocian Ceasarea, 600 miles from Constantinople, when his father-in-law hit the fan.
As commander of the Martensian legion responsible for maintaining order in the capital, Pretronius Probus (the father-in-law) was running the city in Valens absence. But according to our old friend Marcellinus, Petronius, was “ a man ugly in spirit and in appearance...cruel, savage and fearlessly hard-hearted, never capable of giving or receiving reason” in his search for tax debts going back decades. He “...closed the houses of the poor and the palaces of the rich in great numbers....”
And according to the Catholic historian Gregory of Nazianzus, Pretonius even arrested (later Saint) Basil of Nazianzus, to squeeze money out of the church. It proved a repossession too far, and there was a general uprising in the city. “Each man was armed with the tool he was using, or with whatever else came to hand at the moment. Torch in hand, amid showers of stones, with cudgel's ready, all ran and shouted together in their united zeal....Nor were the women weaponless...” As dramatic as the story told by both historians may be, I suspect that what rose in Constantinople in the late summer of 365 was an “astro-turf” rebellion, for the benefit of a thug named Procopius, a distant relative of the departed Emperor Constantine the Great,. Propcopius  promised the upper classes a return of stability and prophets.
Learning of all this in September, Valens thought briefly about abdication, or even suicide. But his advisers (and his wife) would have none of that. So he hurried military expedition forward toward Constantinople.  The first two legions to approach the city were bribed by Probopius's upper crust bankers. This convinced several of Hillary's Church allies to also join the rebellion. Still on the march, Valens was infuriated at the betrayal.  The act fed his growing distrust of the Christian establishment. He threw his support behind the followers of the late Bishop Arius,   who were more understanding of the Emperor's need to raise revenues. The split between Latin and Greek Churches was growing wider by the minute.
It would be the next year before the rebel Procopius and his supporters would be tracked down and killed. And that same year, of 366,  the Germanic tribes would be forced back across the Rhine. For the time being.
In January of 367 defender of the Trinity, Hillary of Poitiers, who had prophesied the world was coming to an end in 365, instead died in exile.  But Christianity, both east and west, and all the world in between, survived.
This was proof again that Christianity could survive even its most fervent supporters, who always seem to confuse their personal doomsday with God's.
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Sunday, November 05, 2017

TIME TRAVELERS

I can’t believe we are doing it again. We got along for nine thousand years without doing it, and now we do it twice a year. It was a dumb idea when we did it the first time and now that we’re doing it  twice a year? Why?! Doing a dumb thing twice does not make it smart. Why are we doing this again?! 
The persons to blame for this are the obsessive-compulsive bureaucrats who champion the so-called Daylight Saving Time – and there is no “s” at the end of “Saving” because it’s modifying time, not daylight, which turns out to be more than a symbolic difference,  I told you these clock watchers were obsessive compulsive.  But that dropped “s” should also give you a hint that this whole thing is one great fraud being perpetrated on each and every one of us in the name of good grammar. So on November Fifth  at 2:00 AM, we will "fall back", adjust our clocks again because we’re all supposed to.  It's a unity thing, I guess. We are all dumb together because being dumb together is better than being smart individually.  I guess being smart together is not an option. And come Sunday, 11 March, 2018, you know in advance that you are not going to feeling like "springing" anywhere an hour earlier, and yet we will.  Because its the law, or a rule or something. These endless adjustments are an endless treadmill of dumbness.
Experts assure me that during Daylight Saving Time we’re going to save 10,000 barrels of oil a day, reduce crime and spend more time out of doors with our families in the evenings during summer. Of course your iPad and your iPhone might start displaying some rare Lapland dialect if you tried to instruct it to ignore the whole thing.  But why are we doing this again?!  They first tried this half baked scheme back in World War One, and as soon as the war was over they dumped it. And now, every time some liberal one-world type comes up with another energy saving idea, we are all required to smile and call it "green":  But I wonder about all that extra fossil fuel we burn come come spring again, every morning to light our darkened bedrooms, not to mention run our computers, TVs, hair dryers, electric razors, water heaters and all those headlights. We used to say that people who rose early got up with the cows. Well, the cows are not getting up any earlier. Nor are the chickens. Why the hell are we?
As everybody keeps pointing out, it was Ben Franklin who first purposed Daylight Saving in his essay “An Economical Project”, (but in French, of course) (above)  in which he suggested that if authorities were to “…Oblige a man to rise at four in the morning, …it is probable he will go willingly to bed at eight in the evening." Unless, of course, he takes a nap. But, yeah, if you make him get up earlier he will probably go to bed earlier. And if we set him on fire, it is probable he will not litter. It is an interesting idea from the eighteenth century’s second most famous reprobate, but it strikes me like accepting interior decorating suggestions from the Marque de Sade, who was the first most famous reprobate.  How do we know that Ben wasn't  just joking?
Well, if he was, then Congressman Fred Upton (R-Mich.), who wrote the amendment to the Energy Policy Act of 2005 requiring Daylight Saving Time, missed the punch line. What a surprise, a Republican with no sense of humor. So the same Congress that has refused to raise the minimum wage for 20  years found the time to steal an hour of your sleep every March and screw with your sanity every November. In the next election I suggest voting for Ben Franklin. It would make as much sense.
Ben was trying to save about 64 million pounds of candle wax a year. Well, look how much wax we saved by inventing electricity! And, didn't Ben have something to do with that?  Kite, key, electrical storm -  any of this sound familiar?  Listen, didn't Ben see this whole electricity thing coming? And speaking of electricity, according to the New Jersey Public Service Enterprise Group, Daylight Saving has “no impact” on energy demands in their service area. And the government of Kazakhstan has already dropped the whole idea of “saving daylight”.  Are we dumber than the Kazakhastanies? 
According to the University of California Energy Institute, daylight saving does not actually save energy, it just moves it around. And a recent study of electric bills in Indiana found that the time "shifters" are actually costing each Hoosier almost $3.00 a year MORE -  about $8.6 million a year in total, plus somewhere between $1.6 and $5.3 million in pollution costs for generating all that extra electricity for getting up and going to work in the dark!. And if that is what it costs Hoosiers (like me), think what it costing people in New Jersey!  Just think about it. A little more energy conservation like this and we might as well just start burning coal again.
And another problem with this bi-annual adjustment to our sense of reality is that our brains can’t adjust without being told to, while computers solve the problem without a hitch. So while our electronics no longer need a "time patch” for programs, humans require psychiatric assistance to adjust to the depression brought on by lost sleep ever spring!  To quote from Ken Fisher’s article for ARS,  “So while the US government pats itself on the back for at least looking busy, know that the main goal – energy conservation – has not been met….Isn’t arbitrary, mostly meaningless change, great?”  Hell, no, it isn’t.
Still, I’m willing to be cooperative.  If we need more daylight then let’s move the clocks forward and be done with it. Why fall back in the fall? Listen, if the majority of the population decides that at noon tomorrow we should all pretend that it is now 10:45 AM, I’d go along with that. But for heaven’s sake please stop moving the clocks back and forth and back and forth as if we were keeping time with Mexican jumping beans. Why are we doing this to ourselves? Pick a damn time and leave it the hell alone!
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