Thursday, December 3, 2015

Obama's gun control fantasy

Obama wants to take everyone's guns away. But, the episode in San Bernadino demonstrates that such a policy would be futile. As WSJ reports:

    [A]t the scene, investigators found three connected pipe bombs set to be detonated by a contraption linked to a remote-controlled car.

In other words, without guns, crazy people will just manufacture homemade explosive devices.

Once again, we need to remind ourselves that it is not the weapons themselves that kill innocent people, but rather, the sick souls who wield them.

Tuesday, November 17, 2015

The French are now going to discover ...

The French are now going to discover, as the Israelis did before them, that Obama is not their ally. In fact, they will come to realize that George W Bush, whom they have despised as a cowboy, would be a far more willing partner in the struggle against Islamic extremism than Mr Obama will be, who would rather negotiate a pathway to nuclear weapons with Iran than defeat ISIS. Expect a speech from Francois Hollande soon complaining that, whereas French solidarity and support was forthcoming in the post-9/11 days, Obama is dragging his feet after Paris.

Thursday, October 29, 2015

Victor Hanson for debate moderator

After the poor showing by the CNBC moderators in the Republican debate last night, here is one vote for Victor Hanson as a moderator in upcoming debates. Victor is just the kind of intelligent conservative who would do an excellent job of posing serious and probing questions to both Republican and Democratic candidates.

Thursday, October 15, 2015

An idiot's argument in favor of raising the minimum wage: Part 2

Back in 2013 in a post entitled An idiot's argument in favor of raising the minimum wage I wrote:

    Stephen Gandel concludes that "the average Wal-Mart employee's take home pay should be $33,315," whereas it now stands at a mere $22,000. According to this argument, then, Wal-Mart should increase the pay of each American Wal-Mart employee by $11,315 per year. Now, as Mr Gandel himself notes, Wal-Mart has 1.4 million American employees. To give an $11,315 a year raise to 1.4 million employees would cost Wal-Mart an additional $15.841 billion per year. According to Yahoo!, Wal-Mart has 3.26 billion shares outstanding. So, the additional wage expense would amount to about $4.86 per share. Wal-Mart's current earnings per share -- again, according to Yahoo! -- are $5.20. So, we are being asked to believe that Wal-Mart could essentially wipe out its entire earnings per share and this would have no impact whatsoever on its share price. This is what passes for economic argument in our society today.

Well, the jury is in. Wal-mart has indeed been increasing minimum wages. These increases have contributed to an earnings shortfall. As a result, the stock has plunged from a high of around $90 a share to today's current quote of around $60 a share.

USA Today reports:

    [Brian Yarborough, a consumer analyst at Edward Jones,] questions whether Walmart will be able to meet even the reduced profit target as the company spends billions of dollars on building its Internet technology platform and raising salaries for sales associates. ... [And equity analyst Ken Perkins of Morningstar writes] "The sell-off and market price of Walmart's shares imply that Walmart's recent investments in e-commerce and wages will be unsuccessful in driving profits long-term."
In his article, Mr Gandel wrote:

    So how much should Wal-Mart pay its employees? To tackle that tricky question, I crunched a bunch of numbers and concluded this: Wal-Mart’s workers should get a 50% raise. ... The conventional wisdom, of course, is that if Wal-Mart were to hand out raises, its stock would tank. That may not be true. ... Investors are basically giving Wal-Mart’s executives a green light to raise wages. So why not?

I would like to hear what Stephen Gandel has to say about the impact of minimum wage increases on Wal-Mart's stock price now.

Wednesday, September 9, 2015

The astounding ineptitude of Hillary's Brookings speech

In a speech at the Brookings Institution, Hillary Clinton stated that it is a foregone conclusion that the Iranians will try to cheat on the nuclear accord they have negotiated with President Obama:

    I too am deeply concerned about Iranian aggression and the need to confront it. It's a ruthless, brutal regime that has the blood of Americans, many others including its own people on its hands. Its political rallies resound with cries of 'Death to America.' Its leaders talk about wiping Israel off the face of the map, most recently just yesterday. ... There's absolutely no reason to trust Iran. ... We should anticipate that Iran will test the next president. They'll want to see how far they can bend the rules.

The New York Times gushed in response:

    Mrs. Clinton’s speech, at the Brookings Institution, amounted to a strong endorsement of the deal struck by President Obama and her successor as secretary of state, John Kerry.

On the contrary, if Ms. Clinton's assessment that Iran will try to cheat on the accord is correct, then, it is likewise a foregone conclusion that the US will eventually be forced to go to war with Iran. For, if it is certain that Iran is going to try to cheat on the accord, how else will the US be able to respond other than by going to war? It is obvious that the Iranians will not stop developing nuclear weapons until they are forced to stop. Why should they? So far the only pressure that has been brought to bear on them is a round of negotiations that has given them most everything they wanted. So, if it is truly imperative that they be stopped from developing nuclear weapons, we will need use force to do so. Ms. Clinton's statement is simply an acknowledgment of that reality.

But, if that is the case, then Ms Clinton' speech, far from being a "strong endorsement" of President Obama's deal, constitutes instead the strongest possible argument against the accord. For, if it is certain that the Iranians will try to cheat on the deal, then, why on earth would it make any sense for the US to enter into the deal in the first place? It would be far better to go to war with Iran immediately. To do otherwise is simply to delay the inevitable. Entering into accords with the Iranians that they will never abide by is simply the height of foolishness.

It is as if Neville Chamberlain had stepped off the plane, waving the Munich Agreement, and said: "Here is the accord I have negotiated with Herr Hitler, but I don't expect it to bring peace in our time. On the contrary, Hitler is not to be trusted one bit and certainly will attempt to violate the accord as soon as he is able." Would anyone in his right mind have concluded anything other than that Chamberlain's words implied war between Germany and England in the not too distant future? And would anyone have concluded that the agreement with such an untrustworthy character was anything to be celebrated?

The fact that Hillary Clinton, in a speech that presumably was meant to display her foreign policy credentials, should both declare her support for an agreement with the Iranians and also imply that the agreement is not worth the paper it is written on because the Iranians are completely untrustworthy and doubtlessly will try to violate the agreement at the first possible opportunity, is simply an incredible display of foreign policy ineptitude from the woman who aspires to be the leader of the free world. In essence, Hillary's speech argues that we should support President Obama's negotiation of an agreement with a party that is completely untrustworthy. With supporters like this, Obama doesn't need any enemies.

Tuesday, August 4, 2015

RIP Robert Conquest

    There was a great Marxist named Lenin
    Who did two or three million men in.
    —That’s a lot to have done in,
    But where he did one in
    The grand Marxist Stalin did ten in.

The great Soviet historian, Robert Conquest, just passed away. His obituary in WSJ is here. I was an avid reader of his histories of Stalin, The Great Terror (dealing with the Stalinist show trials and purges in the 1930's) and Harvest of Sorrow (dealing with the dekulakization and collectivization of agriculture in Ukraine and its disastrous results).

These books may have overestimated (perhaps grossly so) the number of people "done in" by Stalin, but when Conquest first published The Great Terror in 1968, his was almost the only voice of his era decrying the utter villainy of Stalin's regime. In those years, the Soviet Union was viewed by idealistic Progressives (actually, dupes and useful idiots) through rose-colored glasses as a kind of utopia to which Americans should aspire.

Conquest's histories, though perhaps now superseded by later works incorporating information from Soviet archives (unavailable to Conquest when he first wrote and themselves of uncertain accuracy), supplied some of the first realistic portrayals of the horrors of Stalinist Russia.

A tyrant seizes power

The Obama modus operandi is clear.

Go it alone. Use the clout of the executive branch to make sweeping changes through executive action. For example, declare that you won't enforce the immigration laws, or have your Secretary of State negotiate a nuclear deal with Iran behind closed doors, or have the EPA announce new carbon emission rules that will force a complete reorganization of the American energy industry.

Then, get the Justice Department to issue various opinions to the effect that your executive actions are legal.

Then, if possible, get some international body to validate your executive actions, as, for example, you got the UN Security Council to ratify your deal with Iran and as you will try to get the Pope and the UN climate treaty conference in December to support the EPA's carbon emission rules.

Your strategy is to overwhelm the legislative and judicial branches of the federal government and any states that resist, to present them with a fait accompli that they will not be able to overturn. For example, the fact that the UN has already ratified your Iran nuclear deal can be used to bludgeon Congress into accepting that deal (in spite of the fact that it is the duty of the Senate, not the UN, to ratify American treaties). Likewise, your executive actions on immigration and carbon emissions will certainly be challenged in the courts, but the litigation will take years, and, by the time the Supreme Court issues its ruling, Democratic presidents may well have stuffed the Court with enough liberal judges that the Court will decide in your favor (employing, say, Chevron deference). Besides, even if the Court decides against you, your administrative changes will have become so entrenched by then that the Court's decision will be moot.

What we are witnessing is nothing less than a tyrant seizing power, manipulating the executive branch of government to crush the other two federal branches of government and the states and to force upon the nation the elitist vision of one man.

Monday, July 20, 2015

The substantive due process argument in the Obergefell decision on same-sex marriage

I have been reading through the Supreme Court's recent Obergefell decision on same-sex marriage. The majority opinion in this decision is an example of the kind of specious post-modernist judicial reasoning that should alarm all Americans.

The opinion rests on a dubious interpretation of the "due process" clauses in the 5th and 14th Amendments of the Constitution. The 5th Amendment reads:

    [No person] shall be deprived of life, liberty, or property, without due process of law;

The 14th Amendment was passed after the Civil War to extend the force of the 5th Amendment to apply also to laws passed by the various states:

    [N]or shall any state deprive any person of life, liberty, or property, without due process of law;

Justice Anthony Kennedy, the author of the majority opnion, argues:

    Under the Due Process Clause of the Fourteenth Amendment, no State shall “deprive any person of life, liberty, or property, without due process of law.” ... The identification and protection of fundamental rights is an enduring part of the judicial duty to interpret the Constitution. That responsibility, however, “has not been reduced to any formula.” ... Rather, it requires courts to exercise reasoned judgment in identifying interests of the person so fundamental that the State must accord them its respect. ... That process is guided by many of the same considerations relevant to analysis of other constitutional provisions that set forth broad principles rather than specific requirements. History and tradition guide and discipline this inquiry but do not set its outer boundaries. That method respects our history and learns from it without allowing the past alone to rule the present. The nature of injustice is that we may not always see it in our own times. The generations that wrote and ratified the Bill of Rights and the Fourteenth Amendment did not presume to know the extent of freedom in all of its dimensions, and so they entrusted to future generations a charter protecting the right of all persons to enjoy liberty as we learn its meaning. When new insight reveals discord between the Constitution’s central protections and a received legal stricture, a claim to liberty must be addressed.

If you strip away the flowery rhetoric, this reasoning boils down to the following argument:

    The 14th Amendment does not allow any state to deny people liberty without due process of law. The freedom to get married is a species of liberty, and a state denying gay couples this liberty cannot possibly be described as acting within the due process of law. Therefore, on the basis of the 14th Amendment, all states that deprive gay couples of the ability to get married are acting unconstitutionally.
This kind of specious reasoning has been labeled substantive due process reasoning and has been the bane of American courts for more than 100 years. The reason why "substantive due process" reasoning is so problematic can be seen from the very first case in which the court employed it, Dred Scott v. Sanford, in 1857. Dred Scott, a slave who had been taken by his owners to Illinois, a free state (a state where slavery was illegal), attempted to sue for his freedom. In a 7–2 decision written by Chief Justice Roger B. Taney, the Court denied Scott's request on the basis of the due process clause of the 5th Amendment. Taney argued:

    [T]he rights of property are united with the rights of person, and placed on the same ground by the fifth amendment of the Constitution, which provides that no person shall be deprived of life, liberty, or property, without due process of law. And an act of Congress which deprives a citizen of the United States of his liberty or property merely because he came himself or brought his property into a particular Territory of the United States, and who had committed no offence against the laws, could hardly be dignified with the name of due process of law.

Thus, we can see that the wording of the 5th and 14th Amendments can be used to justify rights as diverse as the right to same-sex marriage or the right to own slaves. That is, this kind of reasoning is totally unlimited and open-ended and can be used to achieve any legal outcome the justices desire. The very wording of the majority opinion in Obergefell reveals how open-ended this reasoning is: the responsibility to protect fundamental rights cannot be "reduced to any formula," the Court's exercise of "reasoned judgment" (as defined, of course, solely by the court) must be guided by "broad principles rather than specific requirements," the inquiry into fundamental rights knows no "outer boundaries," the ratifiers of the 14th Amendment "did not presume to know the extent of freedom in all its dimensions," we are constantly "learning the meaning of liberty" when we have a "new insight." In fact, there is no logical principle whatsoever that can limit the application of this type of reasoning: as long as you can plausibly characterize some law as denying you a fundamental right in violation of due process of law and get 5 Justices on the Supreme Court to agree with you, then, that law can be declared unconstitutional by the Court.

Judge Robert Bork, in his book The Tempting of America, provides a devastating critique of the "substantive due process" reasoning in the Dred Scott decision:

    The first sentence [in the portion of Taney's opinion quoted above] quotes the guarantee of due process, which is simply a requirement that the substance of any law be applied to a person through fair procedures by any tribunal hearing a case. The clause says nothing whatever about what the substance of the law must be. But Taney's second sentence transforms this requirement of fair procedures into a rule about the allowable substance of a statute. The substance Taney poured into the clause was that Congress cannot prevent slavery in a territory because a man must be allowed to bring slaves there. The second sentence is additionally dishonest because it postulates a man who had "committed no offence against the laws," but a man who brings slaves and keeps them in a jurisdiction where slavery is prohibited does commit an offense against the laws. ... How did Taney know that slave ownership was a constitutional right? Such a right is nowhere to be found in the Constitution. He knew it because he was passionately convinced that it must be a constitutional right. Though his transformation of the due process clause from a procedural to a substantive requirement was an obvious sham, it was a momentous sham, for this was the first appearance in American constitutional law of the concept of "substantive due process," and that concept has been used countless times since by judges who want to write their personal beliefs into a document, that most inconveniently, does not contain those beliefs. ... Justice Hugo Black demonstrated ... that the constitutional phrase "due process of law" descended from the Magna Carta's guarantee that no freeman should be deprived of his liberty except by the law of the land. Due process was satisfied, therefore, when government proceeded "according to written constitutional and statutory provisions interpreted by court decisions." When the Court poured substantive content into this procedural provision, Black said, "our Nation ceases to be governed according to the 'law of the land' and instead becomes one governed ultimately by the 'law of the judges.'" He preferred to put his "faith in the words of the written Constitution itself rather than rely on the shifting, day-to-day standards of fairness of individual judges." The latter is always, and only, what the notion of substantive due process means. But, the Supreme Court will not abandon this notion, despite demonstrations of its utter illegitimacy, precisely because it is an ever flowing fount of judicial power.

In sum, then, once substantive due process reasoning starts to be used, it can be used to override almost any legislative act. When this happens, we are no longer living in a state ruled by a written constitution and specific legislative acts (mere "formulas" by Justice Kennedy's reasoning), but one ruled by the whims and personal tastes of an administrative elite consisting of 5 lawyers in Washington. As Justice Scalia writes in his dissent from the majority opinion in Obergefell, when this happens, we have undergone, in essence, a "judicial putsch:"

    I write to call attention to this Court's threat to American democracy. ... [I]t is not of special importance to me what the law says about marriage. It is of overwhelming importance, however, who it is that rules me. Today’s decree says that my Ruler, and the Ruler of 320 million Americans coast-to-coast, is a majority of the nine lawyers on the Supreme Court. ... But what really astounds is the hubris reflected in today’s judicial Putsch. The five Justices who compose today’s majority are entirely comfortable concluding that every State violated the Constitution for all of the 135 years between the Fourteenth Amendment’s ratification and Massachusetts’ permitting of same-sex marriages in 2003. They have discovered in the Fourteenth Amendment a “fundamental right” overlooked by every person alive at the time of ratification, and almost everyone else in the time since. ... This practice of constitutional revision by an unelected committee of nine, always accompanied (as it is today) by extravagant praise of liberty, robs the People of the most important liberty they asserted in the Declaration of Independence and won in the Revolution of 1776; the freedom to govern themselves. ... This is a naked judicial claim to legislative -- indeed, super-legislative -- power; a claim fundamentally at odds with our system of government. Except as limited by a constitutional provision agreed to by the People, the States are free to adopt whatever laws they like, even those that offend the esteemed Justices' "reasoned judgment." A system of government that makes the People subordinate to a committee of nine unelected lawyers does not deserve to be called a democracy.

Justice Thomas, in a separate dissent, adds:

    I have elsewhere explained the dangerous fiction of treating the Due Process Clause as a font of substantive rights. ... . It distorts the constitutional text, which guarantees only whatever “process” is “due” before a person is deprived of life, liberty, and property. ... Worse, it invites judges to do exactly what the majority has done here — “‘roa[m] at large in the constitutional field’ guided only by their personal views” as to the “‘fundamental rights’” protected by that document. ... . By straying from the text of the Constitution, substantive due process exalts judges at the expense of the People from whom they derive their authority. ... That a “bare majority” of this Court ... is able to grant [the] wish of the petitioners, wiping out with a stroke of the keyboard the results of the political process in over 30 States, based on a provision that guarantees only “due process” is but further evidence of the danger of substantive due process.

When courts abstain from using specious substantive due process reasoning, they leave legislating to the legislative branch. Then, if voters determine that the legislature has passed a law that the voters don't like, the voters are free to elect new legislators, who can pass new legislation; that is, if the people don't like the acts their legislature has passed, they have a readily accessible recourse: elect new representatives. On the other hand, if the Court applies "substantive due process" reasoning, it substitutes its own judgment for that of the legislature. If the voters determine that they do not like the Supreme Court's decision, there is no way short of a constitutional amendment for them to reverse that decision; there is no readily available recourse.

As long as you agree with the Court's decisions, the court's use of substantive due process reasoning may be just fine with you. Over the last several decades, the Court has generally used substantive due process reasoning to invent new rights clamored for by the Progressive Left (for example, the right to abortion in Roe v Wade, and the right to same-sex marriage in Obergefell), so the Court's use of substantive due process during those years has been cheered by the Left. (In fact, most on the Left have no understanding whatsoever of the validity (or lack thereof) of the legal arguments used in decisions like Roe v Wade and Obergefell; they are interested only in getting the outcomes they want.) But, the use of specious due process reasoning is a two-edged sword that can just as easily work against Progressive goals. Suppose, for example, that Congress were to pass a law that states:

    Individuals in public service professions, (for example, teachers, firefighters, policemen) must join a union and pay union dues.

Suppose an individual teacher were to bring suit against this law, arguing that he should not be forced to join a union. Under an incorrect application of the due process clause ("substantive due process"), the court could find that not being coerced to join a union and pay union dues is a species of liberty, and denying people this liberty "could hardly be dignified with the name of due process of law." Public service employee unions, like the Service Employee International Union, one of the largest supporters of various Progressive causes, would be crippled by such a decision. If this example sounds far-fetched, consider that the Supreme Court just agreed to hear a case in the 2016 term, Friedrichs v. California Teachers Association, that addresses the very question of whether teachers can be forced to join teachers unions and to pay union dues. Of course, we can be fairly confident that Justices Scalia, Thomas, Alito, and Roberts, after expressing such vehement disapproval of substantive due process reasoning in Obergefell, will not apply similar reasoning in Friedrichs.

In 1973, the Supreme Court used substantive due process arguments to decide Roe v Wade. Far from resolving the question of whether abortion is a constitutional right, that decision bequeathed upon the nation decades of ongoing conflict and deep division. It is entirely likely that the Obergefell decision will do just the same. I read, for example, today that, since the Obergefell decision, support for same-sex marriage has dropped by 6%:

    Rather than galvanizing Americans into a unified body, the Obergefell decision has left U.S. citizens more divided than ever on the question of gay marriage, after the court itself showed a deep divide on the issue.

Now that 5 robed ephors in Washington have imposed their "reasoned judgment" on the nation and foreclosed all additional legislative debate on how states define marriage, expect further division and conflict to follow.

Sunday, July 19, 2015

Be careful, Zoe Tur

Be careful, Zoe Tur, your testosterone is showing.

Post-modernism can misinterpret either judicial or literary texts

I was perusing the foreword to Scalia and Garner's Reading Law: The Interpretation of Legal Texts and came across this wonderful passage about the ability of post-modernism to distort literary texts as well as judicial ones:

    Distortion of text to suit a reader's fancy is by no means limited to the law. In the field of literature, T.S. Eliot warned about literary critics who forget they are dealing with a text and instead find in a work such as Hamlet "a vicarious existence for their own artistic realization." They substitute "their own Hamlet for Shakespeare's." The practice of injecting one's own thoughts into texts has long been given free rein in some schools of scriptural exegesis -- so long, in fact, that scholars have given the practice its own disreputable name, eisegesis. The antonym of exegesis, the term eisegesis denotes the insertion of the reader's own ideas into the text, making the reader a full collaborator with the original author and enabling the introduction of all sorts of new material. For eisegetes, the possibilities are endless.

    Liberation from text is attractive to judges as well. It increases their ability to do what they think is good. Unlike Shakespeare producers and theologians, judges are pressured by the environment in which they operate. In our adversarial system, one side -- the side with a bad argument -- has an incentive to urge departure from (or distortion of) text. It was about early non-textual expositors that John Locke wrote when he asked: "[Does] it not often happen that a man of an ordinary capacity very well understands a text or law that he reads, til he consults an expositor, or goes to counsel, who, by the time he [has] explain[ed] them, makes the words signify either nothing at all, or what he pleases?"

More on post-modernism's distortions of legal texts to come soon.

Saturday, July 18, 2015

Co-ed to parents: my roommate has a dick

Daniella Greenbaum writes in WSJ about Mount Holyoke College, the liberal arts college for women in Massachusetts:

    Mount Holyoke will accept applications from anyone on the gender spectrum — except those who were born male and still identify as male. In other words: men.
    ...
    But [Ms. Pasquarella] said students can’t indicate in advance their preferences regarding a roommate’s gender identity. That would be discriminatory. The school wouldn’t consider such a request, she said, “the same way we wouldn’t take into account the request of someone who said, ‘I don’t want to live with a black person.’”

Presumably, then, Mount Holyoke would admit a person who was "born male, but does not still identify as male," but, if you are a young woman, you would not be able to request that you not be assigned said person as a roommate.

Gee, parents are going to be really happy with that one: freshman girl texts mom and dad: "I just unpacked and my roommate is walking around the room with a bra on and his - er, her?? - dick and balls hanging out. Gag me with a spoon!"

It is also interesting to note the circumlocutions we need to go through these days to identify the gender of people. Instead of calling them simply "men," we must resort to expressions like "those who were born male and still identify as male; in other words, men." (I'm still not really sure about that one. Do they mean, like, for reals men?) If I say "freshman girl" instead of "person who was born with a vagina and still identifies as a female and who is in her first year of college," is it a micro-aggresion?

I also note that the phrase in the WSJ article "[persons who are] born male and still identify as male" implies that it is possible to switch the way one gender-identifies. That is, if there is a time when one still identifies as a male, that implies that there may come a later time when one no longer identifies as a male. The WSJ article provides an example of this very phenomenon:

    Mount Holyoke President Lynn Pasquerella, when I asked her how the school is navigating these gender cross-currents, told me a story. A young Muslim woman attending Mount Holyoke was assigned a dormitory roommate who was born female but at some point as they lived together began identifying as male. The Muslim student objected on religious grounds, telling the administration that because she accepted her roommate’s chosen male identity, she could no longer live in their room comfortably. Ms. Pasquerella said the school resolved the matter by separating the students — a result that satisfied both parties.

That is, the roommate was born female and identified as a female for most of her life, but "began identifying as male at some point."

But, if it is possible for a woman to begin identifying as male at some point, isn't it also possible for that woman to stop identifying as male at some later point? Conversely, if it is possible for a man to begin identifying as female at some point, isn't it also possible for that man to stop identifying as a female at some later point? And what implications does that have for the young woman who might be forcibly assigned the born-male-but-no-longer-identifies-as-such as a roommate? The born-male-but-no-longer-identifies-as-such obviously stopped identifying as male at some point. But, such a switch implies that it is possible for him (her?) to start identifying once again as male at some later point. And what if he (she?) does so in the middle of the night in the dark as his (her?) roommate sleeps in the bed next to him (her)? Cetera quis nescit?

It is astonishing that universities will pass a myriad of regulations to prevent young men from raping women, but, apparently, will resist taking simple common sense steps to separate young men whose gender identification has been inconstant over time from sleeping in the same room with young female roommates. Of course, exactly the same logic applies if we are talking about allowing men who (currently) gender-identify as women to use women's lavatories. If your young daughter has just walked into the women's lavatory in the park, it is quite possible that this may be the very moment at which a man who gender identifies as a woman may also walk into the lavatory and start to gender-identify as a man again, with potentially highly undesirable consequences for your daughter.

Friday, July 10, 2015

Ovid banished once again

In 8 AD, the Latin poet Ovid was exiled by the emperor Augustus from Rome, the cultural center of the world at that time, to Tomis, a tiny settlement on the Black Sea near the Danube, essentially to the ends of the earth. Ovid continued to write poetry in exile, including the Tristia, a collection of letters bemoaning his fate and lobbying for a pardon. In the Tristia, the poet states that the reason for his banishment was "carmen et error," that is, "I wrote a poem and made a mistake." According to Wikipedia:

    Most believe that the "carmen", that is, the "poem" that Ovid refers to is the Ars Amatoria. Many believe that Augustus — who presented himself as the restorer of Roman public morality — could not fail to punish the author of a work who presented himself as a master of adultery and obscenity.

2000 years later, Ovid has once again been banished on moral grounds from the cultural center of the world, this time, New York City. As WSJ reports:

    With school out for the summer, Columbia [University in NYC] is making changes to next year’s required reading that reflect some student concerns. Ovid’s Metamorphoses — a book students said was potentially offensive because of its sexual violence — is out, and a Toni Morrison novel was added.

In spite of Augustus' banishment of Ovid 2000 years ago, the poet's works have been disseminated around the world and have served as an inspiration for many of the greatest masters of Western art, including the poets Chaucer, Dante, Boccaccio and Shakespeare (see the table of contents in the collection of essays Reception of Ovid, edited by John Miller and Carole Newlands), the painter Titian (see here), and the sculptor Bernini (see here and here). In spite of Columbia's priggish new banishment of Ovid this summer, the poet will continue to serve as an inspiration for artists and for students of the psychology of (sometimes violent) passion and love.

Monday, July 6, 2015

The Greeks have voted

And it is time to give them what they want. Kick them out of the EU.

And, btw, it is a sign of how utterly out of touch the Greek government is that they think that forcing the resignation of Finance Minister Yanis Varoufakis is a conciliatory move. It is simply laughable.

Tuesday, June 30, 2015

In our great zeal

In our great zeal to use government to make society more just and fair and to level every inequality, we succeed only in making government more coercive and in subjecting ourselves more and more to the norms of an inexorable administrative elite.

Monday, June 29, 2015

The idiot Krugman recommends no vote

Predictably, the idiot Krugman urges the Greeks to vote no on the referendum to decide whether they should accept their creditors' ultimatum:

    I would vote no, for two reasons. First, much as the prospect of euro exit frightens everyone — me included — the troika is now effectively demanding that the policy regime of the past five years be continued indefinitely. Where is the hope in that? Maybe, just maybe, the willingness to leave will inspire a rethink, although probably not. But even so, devaluation couldn’t create that much more chaos than already exists, and would pave the way for eventual recovery, just as it has in many other times and places. Greece is not that different.

    Second, the political implications of a yes vote would be deeply troubling. The troika clearly did a reverse Corleone — they made Tsipras an offer he can’t accept, and presumably did this knowingly. So the ultimatum was, in effect, a move to replace the Greek government. And even if you don’t like Syriza, that has to be disturbing for anyone who believes in European ideals.

Devaluation couldn't create much more chaos than already exists? Paul, are you kidding? The chaos has only just begun. On Friday, Greeks had free access to euros; today, Monday, they do not. If Greeks are forced to issue their own currency, then, exactly which importers, Paul, will accept payment in the worthless drachmas of a country that has shown itself completely unwilling to abide by its financial obligations, and then spat in the face of and vilified its creditors as criminals to boot?

As is apparent from the reaction of global markets today, the impact of a Grexit outside of Greece will be minor. Greece itself, however, is faced with the prospect of becoming a modern-day Albania. Given this prospect, replacing the Greek government is not such a bad option.

Tsipras, Khamenei, Merkel/Hollande, and Obama

Just as Greek Prime Minister Alexis Tsipras has strung along the Eurozone for months now, so Iranian Supreme Leader Ali Khamenei continues to play Obama for the fool.

At least now it seems that Angela Merkel and Francois Hollande have finally called Tsipras' bluff, whereas Obama shows no signs that he is ready or able to stand up to the Supreme Leader.

A Greek Pinochet

In the good old days, a Greek junta would have staged a coup by now and put an end to all the chaos created by Syriza in Greece, just as Pinochet and the Chicago Boys, with assistance from the CIA, put an end to all the chaos created by Allende in Chile.

For more reflections on the parallels between Chile/Allende/Pinochet and Greece/Tsipras/?, see here. See also here for the reflections of Finnish politiician Jussi Halla-aho on a junta in Greece.

Wednesday, May 27, 2015

Rape Culture and Ovid's Metamorphoses

A couple of weekends ago, my son graduated from Pomona College and I attended the commencement exercises. One of the speakers was Andrew Hoyem, a Pomona alum who was receiving a PhD honoris causa for his work as the Director of Arion Press, the San Francisco-based printer of fine, limited edition books. On its website, Arion describes itself as "[devoted] to excellence in the crafts of bookmaking and to the imaginative presentation of worthy literary texts and visual art." And so, Mr Hoyem told the assembled graduates, "instead of giving you a bunch of advice you don't want," he was going to read to them a passage from one of his favorite books, Arthur Golding's translation of Ovid's Metamorphoses, more commonly known as Golding's Ovid. The passage he chose to read to the students was highly relevant to the occasion: it was the tale of the wood nymph Pomona, the college's namesake.

In a former life in the late 70's and early 80's, I was an ABD in Classics at UC Berkeley. I have kept up my languages over the years, and recently was rereading the Metamorphoses in Latin, with Golding's translation at my side (all available through that wonderful digital resource, Perseus). I happen to think that Ovid is one of the greatest poets in the Western canon. And, as Mr Hoyem intimated in his speech, Golding's Ovid is not merely a translation of the Metamorphoses, but a work of art in its own right. Consequently, I very much enjoyed Mr Hoyem's reading of the tale of Pomona and Vertumnus. Here is the opening of the passage in Golding's stately, yet spry heptameters:

    The rule of nation Palatine at length to Proca came.
    In this Kings reigne Pomona livd. There was not to bee found
    Among the woodnymphes any one in all the Latian ground
    That was so conning for to keepe an Ortyard [orchard] as was shee,
    Nor none so paynefull to preserve the frute of every tree.
    And theruppon shee had her name. ...
    (Ovid implies here that the name "Pomona" derives from the Latin word for fruit, pomum)

While Mr Hoyem was reading, however, I could not help but feel a sense of trepidation. It's fortunate, I kept thinking, that Pomona students these days don't seem to understand very much Elizabethan English; for, if only they understood clearly what was going on in this tale -- god lusts after wood nymph and disguises himself as an old crone to deceive the young girl; when persuasion fails, he reveals himself in all his glory and prepares to take her by force (vim parat), only to find that violence is not necessary after all (sed vi non est opus) because she has suddenly been wounded by reciprocal feelings of affection for the god revealed (nymphe mutua vulnera sensit) -- students in the audience would no doubt be "triggered" at the suggestion of sexual violence and jump to their feet and shout Mr Hoyem off the stage. One of the female graduates, it turned out, when she later came up to receive her diploma, paused to complain to President Oxtoby of the College because she felt the College had not taken her charges of sexual assault against a male student seriously enough. The juxtapostion of this young woman's protest with Pomona's tale was most striking and the potential for an unseemly explosion was high. I did not know whether Mr Hoyem was aware that he was skating on thin ice, or was consciously challenging the students.

And then I read Peggy Noonan's column last week in the Wall Street Journal. in which she writes about political correctness and repression of free speech on college campuses today and "microagressions" and "triggering." Noonan describes an article that recently appeared in the Spectator, the student newspaper of Columbia University:

    The authors describe a student in a class discussion of Ovid’s epic poem “Metamorphoses.” The class read the myths of Persephone and Daphne, which, as parts of a narrative that stretches from the dawn of time to the Rome of Caesar, include depictions of violence, chaos, sexual assault and rape. The student, the authors reported, is herself “a survivor of sexual assault” and said she was “triggered.” She complained the professor focused “on the beauty of the language and the splendor of the imagery when lecturing on the text.” He did not apparently notice her feelings, or their urgency. As a result, “the student completely disengaged from the class discussion as a means of self-preservation. She did not feel safe in the class.”

I don't know where our society is headed. It is no doubt true that Ovid's Metamorphoses can be read as nothing more than a series of rape stories, one after another. On the other hand, as I have already pointed out, Ovid is generally held to be one of the greatest poets in the Western canon and his Metamorphoses are a treasure trove of Greek and Latin mythological tales. Proof of Ovid's influence can be found in the fact that many of the greatest works of Western art have been inspired by the Metamorphoses. For example, two of the greatest works of the sculptor's craft, Lorenzo Bernini's Daphne and Apollo and his Rape of Proserpine (or Persephone) stand in the Villa Borghese in Rome. These sculptural groupings are based on the very same tales from the Metamorphoses that were read by the students at Columbia. The first grouping portrays the exact moment when Apollo is about to seize Daphne and have his way with her. The girl prays to the gods to save her and they oblige by transforming (metamorphosizing) her into a tree, the laurel tree (daphne is the Greek work for laurel). This is an example of an aetiological tale, that is, a tale that describes how something -- in this case, laurel trees -- came into being; Ovid's Metamorphoses are filled with such tales. The manner in which the sculpture shows Daphne's fingers being transformed into leafy branches, her feet taking root in the ground, and bark beginning to encase her skin, is pure artistic magic. The second grouping portrays the exact moment when Pluto seizes Proserpine and carries her off to the Underworld. For centuries, viewers of Bernini's sculpture have marveled at the way in which the artist could portray so realistically Pluto's hands pressing against the soft flesh of Proserpine's side and thigh.

So, what are we to do? Like fanatical members of some post-Modern Taliban, are we to tear up every copy of Ovid and smash these great works of Bernini to pieces out of some misguided sense of puritanical zeal?

It can plausibly be argued that the post-Modern era traces its origin to the Free Speech Movement in Berkeley in the early 1960's. The purpose of that movement was to protest the University of California's restrictions on the freedom of expression. One of the manifestations of that movement was that students began to lace their speech with offensive obscenities to show that no form of expression was off limits. And yet now, the post-Modern movement has come full circle. The movement that started off defending the right of students to discuss any subject without limitation has devolved into a movement that itself seeks to place all kinds of restrictions on what may be discussed in our universities. Post-Modernism has now become the kind of puritanical oppressor from which the early Hippies in the days of free speech and free love sought to liberate themselves. Yes, we must vigorously prosecute the rapists, be sensitive to the experiences and feelings of rape victims, and teach Ovid's Metamorphoses with appropriate caveats ("trigger warnings," if you will), but we also must not allow misguided puritanical zeal to cause us to throw overboard the cultural and artistic heritage that has been accumulated over two thousands years of Western Civilization.

Monday, April 27, 2015

Too much vibrato

I continue to work my way through John Eliot Gardiner's box set of Bach Cantatas. After listening to nearly half the CD's, I am afraid I have to express some negative sentiments.

Gardiner is well known for insisting that Bach be played at a fast tempo. Michael O'Donnell, in his review of Gardiner's book Bach: Music in the Castle of Heaven, describes Mr Gardiner's philosophy as follows:

    It is a sin to "plod" in Bach: The tempo must be bright and fast, and the music "has to dance." Mr. Gardiner quotes a fleeting but tantalizing line from Bach's obituary suggesting that the composer himself shared this view: "Of the tempo, which he generally took very lively, he was uncommonly sure."

Unfortunately, a fast tempo does not pair well with the male soloists in these performances, many of whom employ a very broad vibrato. If the period of the vibrato is longer than the duration of an individual note, then often the voice does not reach the pure pitch of one note before it transitions to the next note. As a result, the male parts are often a terrible, wobbly muddle.

Frederick K. Gable describes the problem succinctly:

    [D]isagreements concerning vibrato actually come down to questions of degree, and this is true especially in respect to vocal vibrato. How much fluctuation from a precise pitch or at what speed, and just how much deviation from regularity can be tolerated without vibrato becoming something else, or simply turning into defective tone production? ... How far can a "vibrato" deviate before becoming merely unsteady singing? [emphasis added]

Gable then summarizes the verdict of musicologist Greta Moens-Haenen in her book Das Vibrato in der Musik des Barock:

    [A] "natural" vocal vibrato possibly existed, but was very narrow and unobtrusive.

Would that the vibrato of the various male soloists in these performances had been less obtrusive! The ostentatious vocal technique employed is far better suited to, say, a Verdi opera than a Bach cantata. It almost seems as if the soloists are guilty of the sin of vanity, unwilling to subordinate their vocal pyrotechnics to the greater good of the piece as a whole. One cannot help but wonder if male soloists chosen from a boys’ choir, with voices perhaps less technically skilled, but purer and lacking the broad vibrato, would do a better job.

I do not find the same problem with the female soloists or with the musicians, who sing and play their parts with little vibrato. See here for my rapturous appraisal of the aria duetto from Du wahrer Gott und Davids Sohn from the Gardiner CD's.

Saturday, April 25, 2015

Violin and mandolin in the castle of heaven

I have been listening to a CD I recently bought with Jascha Heifetz playing Bach's violin sonatas and partitas. They call Heifetz "God's fiddler" and he is certainly the greatest violinist in my (obviously limited) ken. His renditions of the Bach pieces were all I expected. But, what may be even more remarkable is that the renditions of these pieces by the gifted young mandolinist, Chris Thiele, compare favorably with those of the great fiddler.

I have been on a Bach jag for quite some time now, listening to as much of the music of the great composer as I can. And, obviously, I consider Heifetz divine. But, I had never listened to the combination of Heifetz playing the Bach sonatas and partitas. In fact, I had never (to my great shame) listened to all the Bach sonatas and partitas. And my experience of Heifetz came rather through the great romantic and heroic violin concertos of Beethoven, Brahms, and Felix Mendelsohn.

So, instead of coming to the Bach pieces through Heifetz, I happened to buy Thiele's CD last year and listened to all the Bach pieces together for the first time in his brilliant interpretation on the mandolin. I immediately recognized that Thiele, like a Heifetz, was the best player of his instrument for the last, say, 100 odd years or so.

But, now I have bought the Heifetz CD and I find it stunning. But, I find that I am appreciating the Heifetz renditions of the Bach pieces all the more because I am so familiar with them from having listened to Thiele play them with such feeling, virtuosity, and verve.

Heifetz and Thiele. Each is the great modern master of his own respective instrument. Each does things with his instrument that do not seem possible for mere mortals. And when you put such virtuosity together with the Bible (as Heifetz called Bach), you surely end up with music in the castle of heaven.

BTW, for a wholly unique record of musical genius, you can listen to and watch Heifetz play the Chaconne from the Bach Violin Partita in D minor here. (I love the "Take one!" at the beginning of the tape. Did the technician think that God's fiddler was going to require more than one take?)

Thursday, April 23, 2015

Keystone pipeline can't get approved by State Department, but uranium deal sails through

The New York Times reports:

    Major donors to the charitable endeavors of former President Bill Clinton and his family ... financed and eventually sold off to the Russians a company that would become known as Uranium One. ... Since uranium is considered a strategic asset, with implications for national security, the deal had to be approved by a committee composed of representatives from a number of United States government agencies. Among the agencies that eventually signed off was the State Department, then headed by Mr. Clinton’s wife, Hillary Rodham Clinton.

Hmmm. Maybe the Canadian companies backing the Keystone pipeline just needed to give a donation to the Clinton Foundation.

Oh, my bad. The pipeline supporters already did!

Of course, the pipeline supporters are, IMHO, complete idiots for making these donations for the simple fact that there is a snowball's chance in hell that Clinton, once elected, would ever approve Keystone.

Or maybe they are brilliant, having grasped that their donations will help undermine support for Hillary within the Democratic Party, which will help elect a Republican candidate, who will approve the pipeline.

Monday, April 6, 2015

Ellen Pao and reddit threaten discrimination far worse than anything Pao ever experienced from KPCB

Ellen Pao, who recently lost her gender discrimination case against the venture capital firm KPCB, is also the interim CEO of reddit, the entertainment, social networking, and news site. Ms. Pao has made some remarkable -- and, quite frankly, very disturbing -- statements recently about how she is trying to change reddit's hiring practices. As WSJ reports:

    Ms. Pao, who said she wants to stay long-term as reddit’s CEO when a one-year interim period ends, said she has removed salary negotiations from the hiring process because studies show women don’t fare as well as men. She has brought in well-known Silicon Valley diversity consultant Freada Kapor Klein to advise the company. And she has passed on hiring candidates who don’t embrace her priority of building a gender-balanced and multiracial team. “We ask people what they think about diversity, and we did weed people out because of that,” she said.

What exactly is Ms. Pao saying here?

Is she saying that, if reddit currently had, say, a higher percentage of Asian and Indian males in its workforce than the percentage in the general population, then, reddit would apply some kind of "weight" or "points" against new Asian and Indian male job applicants in order to achieve a "gender-balanced and multiracial team?" Is she saying that race- and gender-based quotas are being established at reddit in the attempt to have a workforce that reflects the racial and gender makeup of American society at large?

Suppose I applied for a job at reddit (not that I ever would, given the obviously highly politicized environment there, but suppose). Suppose that, when interrogated about my views on "diversity," I said that my opinion was that race and gender were not criteria that should ever be considered in the hiring process. Suppose that I said that it was my opinion that the goal of hiring the most highly talented, intelligent, hard working employees, regardless of their race and gender, trumped the goal of having a workforce whose racial and gender makeup mirrored that of the general US population. Suppose I said that I subscribed to the philosophy of Supreme Court Justice John Roberts and believed that the way to stop discriminating on the basis of race and gender is to stop discriminating on the basis of race and gender. Is Ms Pao saying that reddit would "weed me out" for holding such principled and unexceptionable views? If reddit did so, it seems obvious to me that reddit would be practicing a form of discrimination far more heinous than any of the things that Ms. Pao ever experienced at the hands of the partners at KPCB.

Quite frankly, if Ms. Pao's statements are a reflection of how she would go about trying to build a successful software company in Silicon Valley, judging skin pigmentation and the shape of one's genitalia to be more important than the ability to craft complex software, it is no surprise that KPCB found her wanting.

As I have written in the past, so-called "Progressives" are now seeking to poison our businesses and universities (see SCA-5) here in California with racial and gender politics. It is time for executives at Silicon Valley companies to stop groveling, get some friggin' spine, and tell these people: we are drawing a line in the sand; your racial and gender categorizing is not welcome here.

Sunday, March 29, 2015

Pao vs KPCB

The Ellen Pao verdict is in. According to sfgate.com:

    The jury sided with Kleiner Perkins on all four claims, finding that the firm:
    • Did not discriminate against Pao because of her gender by failing to promote her or firing her.
    • Took all reasonable steps to prevent gender discrimination against her.
    • Did not retaliate against Pao by failing to promote her after she raised concerns about the position of women at Kleiner Perkins or filed the lawsuit.
    • Did not retaliate against Pao by firing her after she raised concerns about the position of women at Kleiner Perkins or filed the lawsuit.

This clear-cut and unambiguous decision did not prevent the gender Stasi from trying to spin the verdict to mean the opposite of what it meant. As sfgate continues:

    “Ellen Pao’s case is a win [?] for any woman facing gender discrimination and harassment in the workplace, in Silicon Valley and beyond,” said Felicia Medina, a San Francisco managing partner at Sanford Heisler Kimpel who has worked on several large gender discrimination cases. “The curtain has been pulled back [gasp], providing a rare glimpse into the lack of equal employment opportunities for women in Silicon Valley.”

The NYT chimed in breathlessly:

    The decision handed Kleiner a sweeping victory in a case that had mesmerized Silicon Valley with its salacious details while simultaneously amplifying concerns about the lack of diversity in the technology industry.

Funny, I thought the outcome of the case, rather than "amplifying" concerns about the lack of diversity, helped lay them to rest. As an aside, I have to comment that, if what went on between a fairly geeky Ellen Pao (IMHO, at any rate) and a bunch of middle-aged VC's qualifies as "salacious," then I guess I have been seriously overestimating the excitement level in New York.

KPCB released its own statement after the verdict:

    Today’s verdict reaffirms that Ellen Pao’s claims have no legal merit. We are grateful to the jury for its careful examination of the facts. There is no question gender diversity in the workplace is an important issue. KPCB remains committed to supporting women in venture capital and technology both inside our firm and within our industry.

I would have simply remarked that "After careful examination of the facts, the jury determined that Ellen Pao's claims had no legal merit" and left it at that. The additional statements to the effect that "gender diversity in the workplace is an important issue" and that "KPCB remains committed to supporting women" are unseemly and unnecessary concessions that will buy no respite for KPCB from the onslaught of the gender harpies.

If KPCB had felt the need for any additional commentary on the verdict, then, what they should have said instead is: "KPCB remains committed to hiring and promoting the most intelligent, talented, hard-working people possible regardless of sex, race, sexual orientation, or any other accidental characteristic." If, instead, Silicon Valley starts hiring/promoting people because of these various characteristics, then, Silicon Valley is doomed. The goal of business then will be not the pursuit of excellence, but merely the dispensation of patronage to various special interest groups.

In an earlier blog post condemning the attempts of Jesse Jackson to strong arm high tech companies into hiring more blacks simply because they are black, I wrote:

    It is time for Silicon Valley executives to stand up and defend their hiring practices. These practices are meritocratic in nature and disregard such inessential characteristics as race, gender, and sexual orientation. As Chief Justice John Roberts famously wrote, "[T]he way to stop discrimination on the basis of race is to stop discriminating on the basis of race." If Jesse Jackson is allowed to exercise his disgusting brand of racial coercion at high-tech companies, then we are seeing not the end, but just the beginning of racial discrimination in Silicon Valley.

The same argument applies to misguided and, in their own way, prejudiced efforts to promote gender diversity as an end in and of itself. The way to stop discriminating on the basis of gender is to stop discriminating on the basis of gender. KPCB's goal should not be to promote women in the workplace simply because they are women, but to promote the best and brightest, period. Be they women or be they men.

Thursday, March 26, 2015

What will be the Bergdahl Obama gets us in return this time?

WSJ reports:

    Army Sgt. Bowe Bergdahl, who was freed by Afghan insurgents last May as part of an exchange for five Taliban prisoners, was charged Wednesday with having deserted his remote base before his capture in 2009.

    The military charges, resulting from a long-awaited but tightly guarded investigation, include desertion and misbehavior before the enemy. A conviction could lead to a dishonorable discharge from the military and, in the extreme, life in prison for Sgt. Bergdahl.

The Bergdahl affair should remind us just how bad President Obama is at negotiating with Islamic extremists. Mr Obama struck a deal with Afghan insurgents to swap five high-value Taliban prisoners being held in Guantanamo Bay for a single deserter. And then afterwards, Mr Obama held a Rose Garden press conference with Bergdahl’s parents to try to place the most positive spin possible on this shameful deal. It is difficult to imagine how Mr Obama could have been any more deluded and misinformed about the costs and benefits of the deal he was entering into.

And this is the very same President Obama who is now negotiating with the mullahs in Tehran on the question of whether Iran should be allowed to have nuclear weapons. If Obama was played for so big a fool in his negotiations with the Taliban, why, in Heaven's name, should we believe that he is going to be any less inept in his bumbling eagerness to close a deal with Iran?

We have arrived at a shocking state of affairs: Mr Obama is demonstrably a terrible negotiator and sees only what he wants to see; his foreign policy in the Middle East has been nothing but one fiasco after another; and yet, now he asks us to trust him that it is a good deal to grant to Iran, a terrorist state, a license to develop nuclear weapons it can use against Israel, our best ally in the region and a bastion of Western capitalism, technology, and democracy.

And for what? What will be the Bergdahl Obama gets us in return this time?

Sunday, March 22, 2015

According to Fed, stable prices are prices that always go up

In a column arguing in favor of auditing the Fed, Alex Pollock writes in tomorrow's WSJ:

    The historical argument against letting Congress play a role in monetary issues is that elected politicians are always inflationist, and it takes an independent body to stand up for sound money. Yet now we have the reverse of the historical argument: a sound-money Congress confronted by an inflationist central bank—a Fed that endlessly repeats its commitment to perpetual inflation at its “target” rate of 2% a year. This means prices will quintuple in a normal lifetime. ... In the Federal Reserve Reform Act of 1977, Congress defined a triple mandate for the Fed to follow: stable prices, maximum employment and moderate long-term interest rates. The Fed has dropped any mention of one-third of its assignment—“moderate long-term interest rates”—and redefined “stable prices” to suit itself. It tells us in remarkable newspeak that “stable prices” really means prices that always go up. [emphasis added]

The calculation is 1.02^80 = 4.86.

Nowruz greetings == good, Netanyahu's speech == bad

Why is it all right for the President of the United States to send a video letter to the Iranian people filled with smarmy Nowruz greetings and lobbying the Iranian people to support Obama's nuke deal with Iran, but it is not all right for the Prime Minister of Israel, the country that would be most threatened by Iranian nuclear weapons, to deliver a speech before the American Congress lobbying against the deal?

Saturday, March 21, 2015

How Obama will prevent chaos in Middle East

Fox quotes Obama as saying:

    We take [Netanyahu] at his word when he said that [Palestinian statehood] wouldn't happen during his prime ministership, and so that's why we've got to evaluate what other options are available to make sure that we don't see a chaotic situation in the region.

Oh no, we wouldn't want to see a chaotic situation develop in the region.

From Ferguson to Gaza: the Obama strategy remains the same

Obama has adopted the same despicable strategy wrt the Palestinians that he did wrt blacks in Ferguson: insinuate that the group has legitimate grievances; accept any violent acts they commit in response to these grievances as understandable, if regrettable; attack the other side as racists. By so doing, Obama foments violence, instead of tamping it down.

It was bad enough when we had riots in Ferguson in response to Obama's dog whistles; how bad will it be when the entire Middle East is engulfed in flames because of his dim machinations?

Friday, March 20, 2015

More on Obama's despicable treatment of Netanyahu and Israel

Here is an article by Peter Wehner, who reminds us that the shabby way our anti-Israeli President has treated Netanyahu and Israel should not be surprising from someone who sat for 20 years in the pews of the church of the anti-Semite Jeremiah Wright.

And here is an article by John Podhoretz, who correctly assesses the current relationship between the United States and Israel as having reached a crisis: Obama is on the verge of abandoning decades of bi-partisan American support for Israel and instead jumping into bed with the Mullahs in Tehran. And it is to distract attention from this unthinkable change of course that Obama criticizes Netanyahu's supposed "racism" (merely for urging Israeli right-wingers to go to the polls on Monday to counter a surge in Israeli Arab voters) while ignoring the far worse human rights violations that are so common in Muslim lands.

Thursday, March 19, 2015

Who appointed Obama the arbiter of racism?

For 6 years now, Americans have had to put up with accusations from Obama and his Mini-Me, Eric Holder, that anyone who has a substantive policy disagreement with the Obama administration is motivated by racial animus. Now Obama's Press Secretary, Josh Earnest, is playing the race card outside America against Bibi Netanyahu:

    “The United States and this administration is deeply concerned about rhetoric that seeks to marginalise Arab Israeli citizens,” Earnest said. “It undermines the values and democratic ideals that have been important to our democracy and an important part of what binds the United States and Israel together.” He added: “Rhetoric that seeks to marginalise one segment of their population is deeply concerning, it is divisive, and I can tell you that these are views the administration intends to communicate directly to the Israelis.”

And, true to form, the Obama administration's backers in the liberal media respond to Mr Obama's dog whistle and take up the chant. For example, the New York Times writes:

    David Axelrod, President Obama’s former senior adviser, said Tuesday evening on Twitter that Mr. Netanyahu’s last-minute stand against a Palestinian state might have helped ensure him another victory. “Tightness of exits in Israel suggests Bibi’s shameful 11th-hour demagoguery may have swayed enough votes to save him. But at what cost?” he wrote. ... In interviews with the Israeli news media that Mr. Netanyahu usually shuns, he complained of a conspiracy of left-wing organizations funded from abroad and foreign governments out to topple him. ... [I]n a seemingly desperate bid to rally support halfway through the balloting, he went on a tirade against Israel’s Arab citizens. “Right-wing rule is in danger,” he said. “Arab voters are streaming in huge quantities to the polling stations.” He said they were being bused to polling stations in droves by left-wing organizations in an effort that “distorts the true will of the Israelis in favor of the left, and grants excessive power to the radical Arab list,” referring to the new alliance of Arab parties. Opponents accused him of baldfaced racism.

Since when is it racism to point out that one's opponents are being bused in large numbers to the polls and to encourage one's supporters to turn out to cast their own votes against them.

The Obama-Holder racial politicking has now metastasized beyond the borders of America and is threatening next to poison all of global politics. Who appointed Barack Obama the arbiter of racism? God, I can't wait for him to be gone.

What Bibi really said

The Obama administration has its shorts in a knot because, so they claim, Bibi Netanyahu on the eve of the Israeli election abandoned the plan for a two-state solution to the Israeli-Palestinian conflict. This claim is complete bullshit.

Here is what Netanyahu actually said:

    “I think that anyone who is going to establish a Palestinian state today and evacuate lands is giving attack grounds to the radical Islam against the state of Israel. There is a real threat here that a left-wing government will join the international community and follow its orders.”

In other words, Netanyahu is not rejecting a two-state solution in principle, but rather is saying that a two-state solution would be unviable under present circumstances for a variety of practical reasons. This does not mean that this solution will be unviable forever. Netanyahu clarified his position today:

    "I haven’t changed my policy," he said in the interview, his first since his resounding victory on Tuesday, which handed him a fourth term. "What has changed is the reality." ... "I don’t want a one-state solution; I want a sustainable, peaceful two-state solution, but for that, circumstances have to change,” he said. “I was talking about what is achievable and what is not achievable. To make it achievable, then you have to have real negotiations with people who are committed to peace.”

Given the missiles launched and the tunnels dug by Palestinians from Gaza against Israel last year, such a position is perfectly reasonable and should hardly raise eyebrows. But, the Democrats insist on twisting Netanyahu's original statement into something he never meant in order to continue their smear campaign against him.

And all the while, as Obama presses his assault against Netanyahu, his best ally in the Middle East, he negotiates to give nuclear weapons to the regime that took 52 American diplomats hostage in 1979, that sponsors terrorist organizations all over the Middle East, that has set up a puppet government in Iraq, that colludes with Bashar Assad in Syria, that labels America the "Great Satan," and that denies the legitimacy of the state of Israel.

Obama has come completely unhinged.

Has Obama finally found someone he thinks he can bully?

Fox News reports:

    In its first public response to Netanyahu's election triumph, White House Press Secretary Josh Earnest said President Obama still believes in a two-state solution. This was after Netanyahu, shortly before the vote, reversed his stance and stated he would not allow the creation of a Palestinian state.

The WSJ writes:

    The Israeli election results set Prime Minister Benjamin Netanyahu and President Barack Obama on a collision course in coming months over a series of high-stakes decisions on Iran policy and the Middle East peace process.

    The White House upended decades of U.S. policy on Wednesday when it left open the possibility that it might not use its veto in the United Nations Security Council to shield Israel from unfavorable resolutions, such as the creation of a Palestinian state.

Will Obama finally draw a real line in the sand? Has Obama finally lost his temper? If Bibi abandons the two-state solution, will Obama abandon decades of US policy and withhold the US veto against the creation of a Palestinian state? it. Obama has found himself incapable of doing anything that requires real toughness and nerve, like taking out Assad or protecting Ukraine from Russian imperialism. Maybe, just maybe, withholding the United States veto in the Security Council is something Obama is tough enough to handle.

This is what so many Americans hate about Obama. He will not stand up to Putin. He will not stand up to Assad. He has completely bent over and spread for the Mullahs in Tehran, paving the way towards nuclear weapons for them and allowing them to overrun half of Iraq, while he stands by and does nothing as ISIS rampages through the other half.

But there is one person he will get tough with: Bibi, his best ally in the Middle East. Has Obama finally found someone he thinks he can bully?

Tuesday, March 17, 2015

Our Anti-Semite in Chief

I do not know what else to call Obama but an anti-Semite.

Consider. Ayatollah Sayyed Ali Khamenei, the Supreme Leader of Iran, has expressed himself quite explicitly:

    Regarding the Palestine issue, the problem is taking back Palestine, which means disappearance of Israel. There is no difference between occupied territories before and after [the Arab-Israeli war of] 1967. Every inch of Palestinian land is an inch of Palestinians’ home. Any entity ruling Palestine is illegitimate unless it is Islamic and by Palestinians. Our position is what our late Imam [Ayatollah Ruhollah Khomeini] said, “Israel must disappear.” The Jews of Palestine can live there, if they accept the Islamic government there. We are not against Jews.

"We are not against Jews?" Khamenei asserts that "any entity ruling Palestine is illegitimate unless it is Islamic." I'm sure there are many Jews in Israel who would beg to disagree. If they did, what would Khamenei say? That they must be forcibly overcome? Killed, exterminated, if they resist? And yet, Obama seeks to smooth the path whereby this man and his nation, Israel's mortal enemy, can arm themselves with nuclear weapons. If such active efforts to arm Iran, a nation whose leader denies Israel's very right to existence, are not, effectively, anti-Semitism, I don't know what is.

Attorney General Holder has claimed that opponents of Obama are motivated by "racial animus." If it is legitimate to insinuate that the opponents of Obama are racists, then, certainly, it is equally legitimate to label a President who is undermining Israel and arming Iran with nuclear weapons an anti-Semite.

Sunday, March 15, 2015

Hillary's FAQ

The so-called fact sheet that Hillary released regarding her emails contains the following question and answer:

    What level of encryption was employed? Who was the service provider, etc?

    The security and integrity of her family’s electronic communications was taken seriously from the onset when it was first set up for President Clinton’s team. While the curiosity in the specifics of this set up is understandable, given what people with ill-intentions can do with such information in this day and age, there are concerns about broadcasting specific technical details about past and current practices. However, suffice it to say, robust protections were put in place and additional upgrades and techniques employed over time as they became available, including consulting and employing third party experts.

These serious assurances that "security was taken seriously" and this faux concern about revealing "specific technical details" are evasive in the most amateurish way. Every IT professional in charge of an email system knows how to set up a secure email system. Here, for example, is a primer on how to set up your own email server with your own domain. Why is it not possible for Hillary to make available her "consultants and third party experts" to explain the technicals details of her email system? Such openness would allow outside technical experts to verify the level of security inherent in Hillary's email system.

Hillary is too vain to have deleted 30000 personal emails

Imagine what a treasure trove of historical detail was contained in the 30000 emails that Hillary deleted. Future historians certainly would mourn the loss of such a wonderful source of personal information. Any single letter written by Abraham Lincoln is considered a precious historical document. Hillary certainly was aware of the fact that it was possible that she was going to be President of the United States some day. Would she be so cruel as to deny posterity a view port into her personal trials and tribulations by destroying nearly half of her email production over a period of years? My bet is that somewhere she has preserved a backup of her emails for her memoirs and for posterity.

Hillary's emails and e-discovery

In my earlier post on Hillary's emails, I wrote:

    Anything I send through my work account is permanently preserved and subject to discovery. ... The problem with Hillary's single, not-controlled-by-the-State-Department, email account, on the other hand, is that it allowed her to go through her emails after the fact and delete any emails that in retrospect she judged to be embarrassing, thereby making later discovery impossible.

I used the term discovery advisedly. There is an entire legal sub-industry that specializes in combing through the documents of an entity to determine which are relevant to a particular legal purpose. In the old days, this process involved a lot of human labor and was very time consuming: an army of legal assistants manually read each document and determined whether it was relevant. Today, the process still involves human review, but is assisted by a variety of computer tools and is referred to by the term e-discovery. I have known about e-discovery for years. (I even interviewed once for a software engineering job at an e-discovery firm in Silicon Valley.) Wikipedia describes e-discovery as follows:

    Electronic discovery (or e-discovery or ediscovery) refers to discovery in litigation or government investigations which deals with the exchange of information in electronic format (often referred to as electronically stored information or ESI). ... Data are identified as potentially relevant by attorneys and placed on legal hold. Evidence is then extracted and analyzed using digital forensic procedures, and is reviewed using a document review platform. Documents can be reviewed either as native files or after a conversion to PDF or TIFF form. A document review platform is useful for its ability to aggregate and search large quantities of ESI. Electronic information is considered different from paper information because of its intangible form, volume, transience and persistence. Electronic information is usually accompanied by metadata that is not found in paper documents and that can play an important part as evidence (for example the date and time a document was written could be useful in a copyright case). The preservation of metadata from electronic documents creates special challenges to prevent spoliation.

For more information about this legal specialty, you can visit the website of the Association of Certified E-Discovery Specialists or The eDiscovery Gold Standard, the website of e-discovery expert Daniel Gold. And here is a New York Times article that discusses state of the art in 2011; presumably, the sophistication of the software has only increased since then.

Wikipedia defines legal hold as follows:

    A legal hold is a process that an organization uses to preserve all forms of relevant information when litigation is reasonably anticipated. The legal hold is initiated by a notice or communication from legal counsel to an organization that suspends the normal disposition [i.e., destruction] or processing of records, such as backup tape recycling, archived media and other storage and management of documents and information. A legal hold will be issued as a result of current or anticipated litigation, audit, government investigation or other such matter to avoid evidence spoliation.

Wikipedia defines spoliation as follows:

    The spoliation of evidence is the intentional, reckless, or negligent withholding, hiding, altering, or destroying of evidence relevant to a legal proceeding. ... The spoliation inference is a negative evidentiary inference that a finder of fact can draw from a party's destruction of a document or thing that is relevant to an ongoing or reasonably foreseeable civil or criminal proceeding: the finder of fact can review all evidence uncovered in as strong a light as possible against the spoliator and in favor of the opposing party. The theory of the spoliation inference is that when a party destroys evidence, it may be reasonable to infer that the party had "consciousness of guilt" or other motivation to avoid the evidence. Therefore, the factfinder may conclude that the evidence would have been unfavorable to the spoliator.

The exact process by which Hillary decided which emails to turn over to the State Department is unclear. She has given (for example, in her fact sheet) only brief, incomplete, and informal descriptions of that process. More important, we must take her word that the process she describes was, in fact, the process that was followed; that is, we have no independent third-party verification that she really did what she said she did. And then she deleted approximately half of all her emails.

What is clear is that it was possible -- indeed, it should have been considered standard practice -- for Hillary to have turned her email server over to an e-discovery firm to determine which emails on the server were relevant to public business at the Department of State. Such a firm would have produced an independent, third-party certification acceptable in a court of law that all relevant emails were handed over and included all relevant electronic metadata. And, btw, cost would not have been an issue: there are any number of e-discovery businesses that would have jumped at the opportunity to perform the service gratis in return for the privilege of being able to advertise that they had done so for the Secretary of State.

If Hillary did not use a certified e-discovery process, this allows an inference to be drawn that some emails may have been intentionally destroyed because Hillary had a "consciousness of guilt" with respect to such emails or some other motivation to avoid the evidence.

Thursday, March 12, 2015

Where Hillary's email explanation breaks down

Most of us have two email accounts. I have a gmail account for personal correspondence and a work account for work-related correspondence. I am forced by my company to use my work account for work-related emails. One way in which I am forced is by the simple fact that, if I use my personal account to send an email within the company, our spam filter may filter it out.

One thing I know, however: anything I send through my work account is permanently preserved and subject to discovery. And that is as it should be. Legal actions between entities (businesses, governmental agencies, and so on) would never be able to proceed unless those entities were forced to preserve clear records reflecting what was going on within those entities at various times.

The problem with Hillary's single, not-controlled-by-the-State-Department, email account, on the other hand, is that it allowed her to go through her emails after the fact and delete any emails that in retrospect she judged to be embarrassing, thereby making later discovery impossible.

For example, imagine if Hillary fired off a large number of emails on the night of the Benghazi attack. At the time she sent them, they may have appeared innocuous enough and they were definitely related to her official capacity, so, if she had had two accounts, she might have sent them out through her government account. The fact that she did not make use of two accounts and instead used a single email account under her sole control means that she had the opportunity with the aid of hindsight to go through all her emails and decide in retrospect whether there were particular emails that she found embarrassing and wanted to delete, thereby expunging them from public view.

This is like a CEO involved in a legal proceeding being allowed after the fact to go through the exhibits of evidence and decide which pieces he wanted filtered out. Alternatively, imagine if you had sole control over the records of your stock trades for the year. At the end of the year, you would be able to go back and decide which transactions you wanted to report and which you didn't. Nice gig if you can get it.

Hillary's argument that, even if she had used two email accounts, she still never would have been careless enough to send embarrassing emails through her government account is like a suspected house burglar telling the police not to bother dusting the place because he never would have been careless enough to leave behind fingerprints. It happens all the time that people inadvertently leave behind a paper (or, in our day and age, electronic) trail that in retrospect they wished they hadn’t. That's the whole reason why all of us are forced to leave behind these evidentiary trails in the first place. The fact that the Secretary of State through her use of a private email account for the transaction of public business was given the privilege of going back and, in essence, editing her evidentiary trail is an outrage.

What difference at this point does security make

Fox reports that the Clinton email server had serious security holes.

Tuesday, March 10, 2015

Once again, naked discrimination by liberals against Asians and Indians

I have written frequently (here, for example) about the prejudice against Asians one finds in liberal and Progressive circles in Silicon Valley. For more evidence of this prejudice, this time exhibited not by Valley liberals, but by some of the eminences of Democratic politics in New York City, see the recent blog post of Francis Menton, the Manhattan Contrarian.

Discussing an article in the New York Times written by Elizabeth Harris entitled "Lack of Diversity Persists in Admissions to Elite City Schools," the Contrarian writes:

    [What was] the racial breakdown of those admitted [to New York's elite technical high schools]? According to Harris, of the 5,103, 5% were black, 7% were Hispanic, 28% were white, and 52% were Asian. ... Harris's summary of the reaction to the test results:

      In the public school system in recent years, just shy of 30 percent of students have been black and about 40 percent have been Hispanic, and there is widespread agreement that the low numbers of these students in specialized schools is a problem.

    I love that unspecific "there is widespread agreement." Has anybody asked any of the Asians? Then there are the reactions of Mayor Bill de Blasio and his Schools Chancellor Carmen Fariña.

      Mayor Bill de Blasio, whose son is a senior at Brooklyn Technical High School, the largest specialized school, said the schools should more closely resemble the population of the city. In a statement on Thursday, the city’s schools chancellor, Carmen Fariña, said, “It’s critical that our city’s specialized high schools reflect the diversity of our city.”

    Sounds to me like they are proposing naked discrimination against the Asians. Hey Asians, how many of you know that you have now been designated as people against whom naked discrimination by the state is to be permitted and encouraged? Your dad may speak broken English and drive a cab 12 hours a day, but already you have been deemed to have too much "privilege" and you must be knocked back by having the state impose quotas on you.

The use of "naked discrimination" is all too familiar to those of us out here in the Valley. As I have written elsewhere, liberals like Jesse Jackson have tried to use precisely this type of naked racial discrimination and coercion to strong-arm Silicon Valley companies like Google, Yahoo!, and LinkedIn and even the University of California into "working to increase" the numbers of black and Hispanic employees and students:

    White and Asian employees of high-tech companies need to ask themselves: What is my company going to do to "work" towards greater diversity? For example, if "Asians" are overrepresented now, then, presumably, one of the areas that high-tech companies will want to "work on" is bringing the percentage of those Asian employees down so that it is in line with the percentage of Asians in the general population. Does this mean that high-tech companies will introduce racial criteria and quotas into the hiring process, for example, adding points if a candidate is black or Hispanic, and subtracting points if the candidate is Asian? Such a practice is, of course, identical to the racial preferences that California Democrats recently tried to introduce into the admissions policy of the University of California through constitutional amendment SCA-5.

In other words, the measures that would be employed by New York Democratic Mayor DeBlasio and Chancellor Fariña to make New York's technical high schools "more closely resemble the population of the city" are exactly the same kind of measures that would be employed by those California Democrats who want racial quotas established in high-tech companies and who back California constitutional amendment SCA-5, namely naked racial discrimination in favor of blacks and Hispanics and against Asians and Indians.

So, thanks for the post, Contrarian. Apparently, naked racial prejudice against high-achieving Asians and Indians is not limited to West Coast Lefties, but is a nationwide phenomenon endemic to the Democratic Party.