This and that from re Thai r ment, by 3Th. (Frbruary 2, 2012) 17 Mopey 0001

TODAY FROM CALIFORNIA:

POOKIE’S ADVENTURES IN CALIFORNIA:

Thanks to the generosity and quick thinking of Stevie and Norbert Dall (may they live long and prosper), I found a place to stay the night after arriving in Sacramento at about midnight. The next morning they picked me up and we drove to El Dorado Hills where we had lunch in a lakeside restaurant located in a vast shopping center designed to look like a traditional french village with parking.

After lunch they dropped me off at the house that I would be staying at to await Hayden’s return from school. SWAC arrived before he did and explained that instead of coming home, Hayden was spending the weekend at the apartment of SWAC’s friend Joey who the last time I was here she was furious with for calling her, in effect, a tart. He would return on Sunday morning at about the same time she leaves for the airport in San Francisco on her way to Thailand to remain there for about a month. Joey will drive her to the airport and then go on to Fresno to visit his family for a week leaving Hayden with me until he returned. Hayden then would resume living with him until SWAC’s reemergence. Although Dick, SWAC’s husband in whose house she lives (Dick lives at his mother’s home in Roseville), could have minded the boy for the week, he unfortunately had to go out of town for business and so the job fell to the default nanny, me.

Anyway, on Saturday we went to Joey’s house. Both Joey and Natalie were going off on separate errands and I was importuned to watch over Hayden and Joey’s two adopted boys for a few hours. The boys had constructed a rough treehouse in a gnarled chestnut tree located behind the apartments. I spent my time enjoyably watching the boys running back and forth from the tree to the apartment’s refuse bin, rooting out treasures to carry back and boost into the treehouse to enhance that mysterious ambience coveted by small boys.

Hayden decided he did not want to spend the night at Joey’s and returned with SWAC and me to Dick’s house where both Dick and SWAC spent an inordinate amount of time instructing me on my duties even though I had done them all innumerable times during my previous visits.

Hayden, himself, seemed to have advanced from the wounded neediness of the insecure child to the dreamy independence of the seven year old to whom the vagaries his life had become normal reality.

That night while trying to get to sleep, my mind drifted here and there as I tried to gain, if not understanding of things, the comfort of post hoc rationalization. I realized that since stopping my psychopharmacological drugs (happy pills), my tolerance for accepting circumstances that I find objectionable has diminished to at least what it was prior to beginning the medication regime. It is time for me to get on with things.

The following day, after SWAC left for the airport, Hayden, Dick and I visited with Bill and Naida at their ranch. Hayden rode one of the horses for a while. We then all went for a wonderful walk along the Cosumnes River to a rocky area downstream containing 19 or more grinding holes that Naida believes were made by the ancient predecessors to the indians featured in Naida’s novels that settled about a mile up river. Bill, who is still recovering from open heart surgery, heroically accompanied us. We stopped at the golf course club house for lunch and to give Bill the opportunity to rest and recover from the exertions of the hike.

MOPEY JOE’S MEMORIES:

On the Edge: Stories about the Creation and Early Years of California’s Monumental Coastal Protection Program.

In the Beginning: an oft told story (continued).

The litigation:

Before coming to California, I had practiced law in both New York and Italy. In New York I amassed one of the longest streaks of consecutive victories in jury trials in the history of the state until that time. In Italy, I practiced International tax law, a subject I knew nothing about.

I had given up the practice of the law in favor of hippiedom when I migrated to California and, therefore, at that time was not a member of the bar. For that reason, with regard to any litigation affecting Jughandle Creek, I could only operate, more or less, as a volunteer clerk or unofficial paralegal. I worked with two distinguished and very good attorneys; an older man named, if I remember correctly, Ferguson and a young attorney, Dick Gutting (or Cutting, I no longer remember which). Ferguson was a well known volunteer of his time and efforts on behalf of environmental causes, while Gutting, although at that time an associate in a distinguished law firm, had set his sights on a career in the emerging field of environmental law.

Like I said they were very good attorney’s while I, even with my enviable record that might mark me as a successful advocate, was at best a mediocre attorney. Almost immediately disagreements arose as I prepared the first draft of the briefs to challenge the Environmental Impact Report on the proposed motel development at Jughandle Creek.

Before addressing the disagreements, a little background on the issues. A few years previously the California legislature passed a law requiring that prior to taking an action governmental entities prepare a study of environmental impacts that may flow from that action. The law was more or less modeled on a similar Federal law enacted at the urging of then President Nixon. At the time it was assumed that the requirement applied, like the Federal law, only to governmental projects. In California however a court subsequently had held that it applied to private projects requiring governmental authorization also. The Jughandle Creek litigation would be one of the first that addressed the issue as to what if anything was demanded of the governmental entity should the report indicate that substantial adverse environmental impacts could be caused by the project.

The law suit was dismissed at the trial court and was now on appeal.

The disagreement between those working on the brief was over, not only my ability to frame the legal agreement itself (which for this discussion we will skip over), but also the nature of advocacy itself.

You see during my career as a trial lawyer, I discovered that no matter how polished and convincing my presentation or how devastating my cross examination of opposing witnesses, whenever I questioned the jury following a verdict as to what it was I said or did that convinced them, they would say, “nothing” and insist that the facts themselves were overwhelmingly in my clients favor.

Confused, I demanded that my firm give me only those cases the other lawyers did not wish to try because they believed them to be losers. I still won and the juries still gave the same explanation for their decision.

I deduced from this many things, most of which are quite obvious. The most significant insight was that no-one likes to admit his or her actions were based upon the urging of others. I had stumbled on to this truism inadvertently and had conducted my advocacy accordingly. For example, I rarely cross-examined my opponents witness in an effort to damage his credibility since it risked juror dissatisfaction with the domineering lawyer putting words into the witnesses mouth. Rather, I would try to lead him into expanding his story so as to stretch the bounds of credulity.

The legal argument we were, in part, trying to make was over the technical and often arcane issue of divining legislative intent. You see, without some prior legislative authorization to do so, a governmental body is never obligated to act, even in the face of obvious substantial adverse impacts (with the exception of gross human rights violation). To do so whenever an adverse impact is perceived invites chaos. This is one of the fundamental tenants of the rule of law. Even the human rights exception relies upon the fiction that somehow these rights are fundamental and exist even if not written down and adopted by a legislature.

In the EIR statute no specific language existed that in anyway directed the local government to do anything once they had accepted the document.

I argued that the brief had to strongly highlight the significance of the damage (not really an issue in the litigation other than it was so) and that the legislature specifically provided a mechanism for uncovering that impact and failure to act on the information would render the legislative action futile (not really a legal argument) and then lay out the various legal arguments by which the appellate court could find a legislative intent to justify what I hoped appealed to the judges sense of equity.

Ultimately we agreed on some form of the above approach, the briefs submitted, the case argued and the judgement rendered in our favor. Alas, I was not there to savor the victory, my six year old son Jason, Jeanne and I had departed on a several month tour of Europe when the decision was announced. (To be continued.)

THE NAKED MOLE RAT CHRONICLES:

Chronicles:

The more I struggle with my attempts to fashion stories and tales fitting an imagined evolution of NMR’s unique society, the more frustrated I become. It is not simply some “Watership Down,” imagining a recognizable human culture reduced to fit little furry creatures that live in burrows. Nor is it like some fantasy author postulating some spacefaring Panthera Leo community. NMR society is alien to almost all recognizable mammalian cultures. I searched through hundreds of tales and stories hoping I could find one or more to adapt. None that I found was adaptable to NMR society. How does one write a tale if the sex and survival instincts are unrecognizable? Only the NMR queen seems to fit our archetypes. Yet, the other individuals in the NMR community lacking either sex drive, or competitive urgings, nevertheless seem to live relatively self directed social lives lacking among insectoid species.

Any suggestions??

JOEY’S MYSTERY NOVEL:

RED STAR: Chapter, Rachel (continued).

Without thought, Rachel threw herself into the car diving across the transmission hump separating the front seats seeking whatever protection from impending doom the automobile offered and hoping the hulking stranger’s self preservation instincts were somewhat higher then hers at this moment. He slid in behind her, miraculously inserted the key into the ignition without fumbling, started the motor and plunged directly ahead as two more bullets bit into her car and shattering the front window.

The automobiles tires struck the curb and the car lurched across the sidewalk, traversed the plaza, careened off a parking meter and sped off down the Embarcadero. He squealed around the first corner he could heading west throwing her body against the dashboard. He did not seem to notice. Then he zigzagged back and forth from street to street apparently believing it would somehow put off pursuit or make him difficult to find. They continued like this until arriving near the intersection of Van Ness and Mission Streets by the hulking Goodwill Industries store where he pulled over by an unoccupied meter. He placed his head on the steering wheel, breathing deeply, hands shaking.

Rachel silent until now said, her voice deep and cracking slightly, “City Hall’s a few blocks away. The police are there.”

He turned toward her as though just noticing her. His round face shiny with sweat. Blue eyes wide with fright. He dug into his pocket pulled out a business card and handed it to her. Said, “Here call me I will pay any damage.”

She almost screamed, “Are you nuts? We have been shot at, almost killed. You highjack my car kidnap me and you give me your business card and offer to pay for damage to my car. I want the fucking cops.” She realized she was beginning to lose it. Whatever hormonal cocktail her body had mixed to carry her this far was evaporating.

Her outburst, on the other hand, seemed to shake him from wherever he was at. His eyes cleared and what appeared to be the beginnings of smile played with his lips.

“You’re right. I am sorry. You saved my life. I cannot ever pay you enough.”

“I did not save your life. You attacked and kidnapped me and you are right you can never pay me enough.”


“Listen before we bring in the cops, let me try to explain what happened,”
he pleaded.

Although clearly the large hulking man sitting across from her seemed at the end of his rope, she nevertheless was unsure, whether from fear or curiosity, to open the door and run to the police or to stay and listen. Curiosity got the better of her and she said, “Ok go ahead, but make it quick.”
(to be continued)

PAPA JOES TALES AND FABLES:

See: http://papajoesfables.wordpress.com/

TODAY’S FACTOID:

2012: Child poverty in the US:

Child poverty is absolutely exploding all over America. According to the National Center for Children in Poverty, 36.4% of all children that live in Philadelphia are living in poverty, 40.1% of all children that live in Atlanta are living in poverty, 52.6% of all children that live in Cleveland are living in poverty and 53.6% of all children that live in Detroit are living in poverty.

2012: Net worth:

According to an analysis of Census Bureau data done by the Pew Research Center, the median net worth for households led by someone 65 years of age or older is 47 times greater than the median net worth for households led by someone under the age of 35.

If you can believe it, 37 percent of all US households that are led by someone under the age of 35 have a net worth of zero or less than zero.

2012: National Efficiency.

The US uses about 221 tons of oil equivalent to produce every million dollars of GDP, while the comparable number for Britain is 141, for France 170 and for Germany 164.

PEPE’S POTPOURRI:

B. : You might be a conservative if (by Bruce Lindner) [continued]:

8: You believe in putting American jobs first, except when president Obama rescued 1.5 million GM and Chrysler autoworkers, because that was socialism.

9: It angers you that you can’t communicate with the Mexican busboy at your local Olive Garden, but when you took a vacation to San Francisco’s Chinatown, you thought it’s quaint that so many Chinese-Americans are holding fast to their traditional language. Because that’s America!

10: You deny that the lunatic who tried to murder Gaby Giffords was a conservative, even though he targeted a Jewish, pro-choice, pro gay rights, Democratic Congresswoman.

11: You thought it was perfectly normal that every president in history had an untethered right to raise the debt ceiling when warranted, but when Obama asked the GOP held congress to do it, you thought it only natural that it be tied to cutting Social Security and Medicare.

12: When the new 112th Congress was sworn in, you swooned as they promised to focus on “Jobs, jobs, jobs.” But when they pivoted, and went after NPR, Planned Parenthood and gay rights, you cheered.

13: You accuse president Obama of raising your taxes to the highest point ever, even though they’re lower today than at any time since 1950.

14: You believe the wealthiest Americans are “job creators,” and they are — but it doesn’t bother you that all the workers in those positions are in India, China and Malaysia, and they’re doing the jobs that our fathers once did.

15: You believe gays are anti-American, because their lifestyle is a threat to the children… unless they’re married to Tea Party-backed presidential candidates from Minnesota.

2. : What “Occupy” is all about and what it really wants:


“POOKIE FOR PRESIDENT”

Please see the blog: http://papajoestales.wordpress.com/

The insufferable ignorance of the right:

My right wing correspondents are at it again. If you recall these are the same persons who among other things floods me with emails containing what no rational person one could possibly deny are racist images of the First Lady or the President and then when challenged deny, in high dudgeon, any racist intent insisting they were forwarding them because of its substantive and humorous intent.

A few days ago, I received a video of the very right wing Congressman King, calling for President Obama and Nancy Pelosi to leave the United States. Now not only would my correspondents probably shake with indignation (and probably did) at calls for W’s impeachment or for war crimes trials of members of his administration, but they go on to maintain that those who object to King’s statement are left wing racists because King is black. They forget that only 3 years ago, they nag their cohorts were apoplectic regarding the then candidate’s black pastor’s sermon that Blacks have had little benefit from the Constitution. They claimed their outrage was not racist in nature but indignation at the insult to America.

I mention it here, not because I am surprised or shocked, but to further indicate the level to which any sensible political discourse has fallen due to the pervasive nature of Faux Think and ditto-heads.

To again quote David Frum who remains a life-long committed Republican and thoughtful consultant to conservative causes:

“The business model of the conservative media is built on two elements: provoking the audience into a fever of indignation (to keep them watching) and fomenting mistrust of all other information sources (so that they never change the channel). As a commercial proposition, this model has worked brilliantly in the Obama era. As journalism, not so much.”

“But the thought leaders on talk radio and Fox do more than shape opinion. Backed by their own wing of the book-publishing industry and supported by think tanks that increasingly function as public-relations agencies, conservatives have built a whole alternative knowledge system, with its own facts, its own history, its own laws of economics.”

King subsequently recanted his outburst. I guess that proves he must be a racist also.

TODAY’S QUOTE:

“We have now, it seems a National Bible Society, to propagate King James Bible, through all Nations. Would it not be better, to apply these pious Subscriptions, to purify Christendom from the corruptions of Christianity; than to propagate those Corruptions in Europe, Asia, Africa and America! “
John Adams letter to Thomas Jefferson.

Thomas Jefferson’s response:
“These Incendiaries, finding that the days of fire and faggot are over in the Atlantic hemispheres, are now preparing to put the torch to the Asiatic regions. What would they say were the Pope to send annually to this country, colonies of Jesuit priests with cargoes of their Missal and translations of their Vulgate, to be put gratis into the hands of every one who would accept them? and to act thus nationally on us as a nation?”

TODAY’S CHART:

TODAY’S CARTOON”

TODAY’S PHOTOGRAPH:

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