High on the Hogg

April 1, 2018

David Hogg, the Parkland student who has become one of the most vocal leaders in the March For Our Lives movement, has explained their position and their mission,

“I want people to understand, we’re not trying to take your guns, we’re not against the second amendment; we don’t want to repeal the second amendment. We simply want gun legislation in this country that allows law-abiding citizens to still own guns but prevents people with a history of mental illness or a history of a criminal background from owning a firearm. It’s as simple as that.”

I think the last real, sustained and almost universal call to action by America’s youth occurred in the late ’60’s – early ’70’s when large-scale opposition to U.S. military involvement in SE Asia was the focal point.

Sure, there have been many other issues, causes, protests, rallies, etc. in the ensuing years, but I am not aware of anything quite as promising as the current March for our Lives movement.

One of the great outcomes thus far is contained within the Laura Ingraham debacle.

On her broadcast television show, Laura Ingraham personally attacked David Hogg regarding his academics.

Within 2 days after Ingraham attacked him personally, Hogg organized a successful boycott of her advertisers.

Nothing personal, he remarked. We are just following the money. Take away the money, and the show will disappear.

Brilliant!

How true, yet how trite.

People kill people, whether with their hands, a blunt object, a knife or a gun.

That said, a person armed with a .22 caliber bolt action rifle and a 10 round magazine is much less likely to engage in a mass shooting than, say, a person armed with an AR-15 rifle with a 30 round magazine.

The difference in circumference between the .22 cal and the .223 cal is negligible. The design differences are substantial.

The .22 is a rimfire cartridge, and its design goes back over 100 years.  The .22 Long Rifle cartridge is the most commonly used ammunition in the world today.

The .223 is a centerfire cartridge, designed in the early 1960’s specifically for military purposes as ammunition for the M-16 rifle (the military version of the AR-15).

To the uninformed, there is not much difference between the .22 bolt action rifle commonly used for target shooting and hunting, and the .223 semi-automatic rifle which was designed for military use.

To the Rambo Wanna-Be who is planning his domestic massacre, the differences are extraordinary.

After all, how many civilians can you take out with a .22 LR equipped with a 10 round magazine, even if you are shooting copper-plated hollow point bullets? [We don’t have an answer to this question because there is no record of a shooting rampage involving .22 rifles.]

We know that the AR-15 rifle (and variants) have been the weapon of choice in the majority of firearm massacres in the U.S. over the past decade.

There have been more than 30 school shootings in the U.S. since the December 2012 execution of 20 elementary school students and 6 adults at Sandy Hook in Newtown, CT.

If we were to outlaw the production, sale or possession of AR-15 style weapons in the U.S. tomorrow, would we immediately change this paradigm?  Immediately:  No.

Over the longer term (say, 3, 5, 7 years)?  Almost certainly.

The AR-15 (and similar weapons) have no place in a civil society, except perhaps for military and limited law enforcement use.

Please don’t stand by and wait for someone to go hunting with an AR-15 at the school which your children or grandchildren attend.  Step up and demand common sense gun regulations.  Now.

Common Sense Legislation?

March 12, 2018

This Old Walrus just doesn’t get it.  We don’t rely on the Mattachine Society to write legislation on sodomy with young boys.  We don’t (usually) weigh in with the Russian Mafia to write our laws on money laundering. So, why is it that the NRA has become the singular expert – the ‘Go-to People’ – for all issues concerning firearms?

Over the past decade, or so, we’ve had enough mass murders in the U.S. to spot some common ingredients:  (a) Perpetrator is an under-25 white male; (b) He is angry, isolated and/or socially challenged (often described in retrospect as ‘mentally disturbed’); and (c) The weapon of choice is an AR-15 (or equal), accompanied by high-capacity magazines.

Young men mature physically much faster than they mature mentally and emotionally.  A typical 18 to 20 Y.O. male physically looks like an adult, but just hasn’t attained the emotional and mental maturity that post-25 year old adults generally possess.

There is a ton of research which supports the notion that changes in cognitive abilities occurring in males between ages 18 and 25 are essentially a continued process of brain development that start during puberty.  At age 18, a young man is roughly halfway through the entire stage of development. The prefrontal cortex doesn’t have nearly the functional capacity at age 18 as it does at age 25.

It is unfortunate that Congress passed legislation in 1996 which effectively precludes the CDC from conducting research on the causes of gun violence (the Dickey Amendment).

There is some colloquial evidence that people who act out their Rambo fantasies are angry, isolated and/or socially challenged, and there may be a preventable linkage between male brain development and assault weapons, but until qualitative research is conducted, we really won’t know.

Meanwhile, there seem to be a couple of simple interventions which we could enact tomorrow that would put this issue on ‘pause’ until some qualitative research can be conducted:

  • Ban the manufacture, sale or possession of semi-automatic military-style assault weapons in the U.S.;
  • Ban the manufacture, sale or possession of magazines that can contain more than 10 rounds of ammunition, and outlaw devices like bump stocks that make weapons more deadly;
  • Institute universal background checks and close loopholes that let too many people slip through the cracks and purchase firearms despite being a threat to themselves or others;
  • No weapons for suspected terrorists, domestic abusers, or individuals convicted of hate crimes;
  • Impose a three-day waiting period for the purchase of all firearms, and raise the minimum age for buying those weapons to 21;
  • Institute a Gun Violence Restraining Order that allows law enforcement to confiscate weapons from individuals who are deemed dangerous to themselves or others.

These are common-sense solutions to help reduce gun violence in all communities across the U.S. – including accidents, suicides, domestic violence, mass shootings, and acts of terrorism. Most of these reforms are supported by a majority of Americans – not just Democrats or Republicans, but ALL Americans.

And, once we have obtained high-quality qualitative research on the causes of gun violence, our elected officials will be in a much better position to adapt and/or modify these interim interventions to reflect data-driven conclusions on the causes of gun violence in the U.S.

What are we waiting for?

Public calls to action for our Congress to ban ‘semiautomatic assault weapons’ (a.k.a. ’semiautomatic military style weapons’) are nothing new.

Way back in 1989, a known criminal bearing a Chinese-made AK-47 rifle shot and killed five schoolchildren and wounded 32 others on the grounds of an elementary school in Stockton, CA.  Following this incident, President George H. W. Bush signed an executive order (the Semi-Automatic Assault Rifle Ban) banning importation of assault weapons.

Several other massacres occurred in following years.  In October 1991, an unemployed drifter who had been discharged for cause from the U.S. Merchant Marine drove his pickup truck through the window at a cafeteria in Killeen, TX.  He jumped out with 2 semi-automatic pistols with high capacity magazines, opened fire, shot and killed 23 people, and wounded 27 others.  After several years of political posturing, the Texas State Rifle Association convinced legislators to follow the ‘good guy with a gun’ model, and in 1995, then Texas Governor George W. Bush signed a concealed carry law, opening Texas up to thousands of armed citizens walking the streets.

An incident on July 1, 1993 in San Francisco is often cited as the tipping point for introduction of legislation by Senator Dianne Feinstein (D-CA) intended to respond to public concerns about mass shootings by restricting firearms that met the criteria for what it defined as a “semiautomatic assault weapon”, as well as magazines that met the criteria for what it defined as a “large capacity ammunition feeding device”.

In the San Francisco massacre, the shooter – wielding modified semiautomatic pistols equipped with high-capacity magazines — killed eight people and wounded six.

In November 1993, Feinstein’s proposed legislation passed the U.S. Senate. By the time it worked its way through the legislative process and was signed into law by President Bill Clinton, the NRA and other gun industry advocates managed to get the law watered down, and to include a sunset provision on the proposed ban on ‘assault weapons’ to expire after 10 years.

Titled the Public Safety and Recreational Firearms Use Protection Act (a.k.a. Federal Assault Weapons Ban (1994)), it did ban semiautomatics that looked like assault weapons and large capacity ammunition feeding devices. The legislation passed in September 1994 with a sunset provision for the assault weapon ban section. The law expired on September 13, 2004.

That Act prohibited the manufacture, transfer, or possession of “semiautomatic assault weapons” as defined by the Act.  Weapons banned were identified either by specific make or model (including copies or duplicates thereof, in any caliber), or by specific characteristics that slightly varied according to whether the weapon was a pistol, rifle, or shotgun.  The Act also prohibited the transfer and possession of “large capacity ammunition feeding devices”  — defined as “any magazine, belt, drum, feed strip, or similar device manufactured after the date [of the act] that has the capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition”.

My theory is that if the 1994 law was not allowed to expire, most – if not all – of the recent mass shootings in the U.S. would never have occurred.  Best I can tell, each and every perpetrator involved in one of these massacres has had a seriously aberrant personality, mental illness or other anti-social or delusional characteristics.

Just imagine if there were no ‘Rambo-style’ weapons available for these folks to acquire – legally or on the black market.  Perhaps they would have taken out their frustrations and aggression through a different channel?

Let’s double down and demand that Congress update, strengthen and reauthorize the 1994 Federal Assault Weapons Ban, this time with no sunset provision.

Dianne Feinstein:  We are counting on you!

What, another Congressional Witch Hunt?

Why not just send the elected officials home from D.C, then drag a huge bag of money out onto the National Mall, and burn it?

That solution would accomplish much more, and cost much less, than this current circus John Boehner wants to convene.

Please: let’s not forget that John Boehner is a Congressman who was elected in 1990 to represent an obscure rural district in SW Ohio, having taken the seat from an incumbent child molester….

There really is something wrong with a governance model that has allowed Boehner to subsequently acquire so much power over the people of the United States — despite the reality that his Congressional District – the 8th District in Ohio – is comprised of just 725,000 people, roughly 0.0023% of the U.S. population.  And, this Congressional District looks nothing like the rest of the U.S.

It is 90% White, very blue collar, predominantly Republican, and quite conservative (not that there is anything wrong with that).

His district is not at all representative of the demographics of our citizenry, yet Mr. Boehner has somehow achieved the status of Chief Rocket Scientist (aka Speaker of the House), so he now has the power to pull the strings which may ultimately destroy our economy and take our country down.

We have a huge weakness in our governance model, and it is certainly not at 1600 Pennsylvania Avenue, as some ultra-conservative characters might like us to believe.

There seems to be little argument that one primary outcome from the Citizens United decision was the opening of our campaign finance system to a deluge of anonymous money.

It’s been reported that special interest groups spent more than $1 Billion in elections across the country in the last election cycle, and there is virtually no transparency or accountability.

The very essence of “one man, one vote” is on the chopping block.

Throughout recorded history, we can see multiple examples of societies which inadvertently allowed a very small group of people to slowly and carefully seize extraordinary power from the masses.

Looking back to late 19th century America, we can observe the activities of a very elite group of industrialist-capitalists known commonly as the “Robber Barons.”

Some of the 19th century names include: Andrew Carnegie; Jay Gould; Andrew Mellon; J.P. Morgan; John Rockefeller; and a dozen more.

None of these folks were ever indicted or found guilty of illegal activities, and history tells us that they produced some positive outcomes over the long term. They built steel mills; they built and operated railroads; they made oil and gasoline widely available.

Yet, our elected representatives at the time were so concerned about the potential for future abuse should large sectors of our economy get consolidated into monopolies or oligarchies, Congress passed the Sherman Antitrust Act almost unanimously in 1890, and it remains the core of U.S. antitrust policy.

The Act makes it illegal to try to restrain trade or to form a monopoly. It takes its name from Senator John Sherman who said, “If we will not endure a king as a political power we should not endure a king over the production, transportation, and sale of any of the necessaries of life”.

We can learn from history and halt the ability of a very small group of people to seize political and economic power from the American people, and we need to start right now.

Many of us who watch this issue (myself included) focus in on the Koch Brothers and their well-documented, ultra-conservative positions – including the activities of their Super PAC, Americans for Prosperity.

We should continue to carefully watch what AFP is up to – they have very deep pockets and a singular agenda which seems to be very self-serving.

Super PACs and anonymous money strategically use private economic power to create ‘reasonable doubt’ across a group of voters regarding an issue or a candidate.

In the past 5 years, we’ve witnessed a number of successful multi-media campaigns fueled by anonymous deep-pocket donors which were based on dubious ‘facts’ and which may not be in the best, long-term interests of the majority of our citizens.

One recent example which reflects the incredible power of anonymous money is that of Ted Cruz, a relatively unknown lawyer from Houston, Texas who leaped into the national spotlight after winning a landslide upset election to U.S. Senate in the 2012 election cycle. Cruz and his campaign committee spent some $14 Million, raised in a relatively short time, making it one of the top-performing Senate campaign committees for candidates running for open seats.

In contrast, Paul Sadler who opposed Cruz on the Democratic line raised about $700 K, just 5% of the Cruz total.

However, that $14 Million was just direct spending by the Cruz campaign.

The extra power of unlimited Super PAC spending on behalf of political position advertising favoring Ted Cruz (and/or opposing his opponent) enables behind the scene power brokers the opportunity to influence with impunity.

Does the Citizens United decision violate our U.S. Antitrust regulations?

Not in fact, because the framers of antitrust regulations had no way to imagine the potential abusive power of a Super PAC on our free enterprise system.

I argue that the Citizens United decision infringes on the intent of several prior Supreme Court decisions supporting the “one man, one vote” doctrine, and further is in violation of the intent of our Constitution and of our antitrust regulations.

It is incumbent upon our elected officials to reform existing U.S. antitrust policy and regulations to encompass political activities in such a way that clearly and unequivocally prohibit unlimited and/or anonymous donations to enable spending on political and/or ideological positions.

I hope others will join me in helping us return to a ‘one man, one vote republic’, in fact and in practice.

Zero Sum Game

January 12, 2014

Our elected officials love to make noise about ‘holding the line on taxes’ — whether at the federal, state, county or local level.

In the private sector, we know there are 2 ways to improve fiscal efficiency. One way is to increase revenues, either by selling more products or raising prices on existing products. Another is to reduce costs.

The public sector is much more complex, because of the layers of government which often overlap and have some redundancy.

One thing is clear: if the federal government cuts back on safety net services to reduce costs, the need for those services is still there. Provision of services (or some substitute) thus rolls down to the state, county or local level. In the jargon of economists, that’s known as the ‘Zero Sum Game’.

I live in the City of Mount Vernon in lower Westchester County NY.

Westchester has a very large share of residents who are among the wealthiest Americans. Some call their Westchester residence home, while others use their Westchester property as a secondary or tertiary residence. Because of these very wealthy families who own extraordinary properties, Westchester has one of the highest median property values in the United States, and is ranked 1st of the 3143 U.S. counties in order of median property taxes.

What they fail to mention is that most properties in Westchester County are taxed by 3 different entities: The County (18%); the municipality (22%); and the school district (60%).

For me and my Mount Vernon neighbors, the estates of the landed gentry might as well be on another planet.

Those of us who live in Mount Vernon are seeing the effects first hand of what happens when politics gets in the way of reality. We experienced a very contentious and hard-fought battle for the office of County Executive in the second half of 2013.

The incumbent, Rob Astorino, campaigned relentlessly on his Tea Party platform of No Tax Increases!

Despite the fact that county property taxes in Westchester typically represent less than 20% of the total property tax burden, the sound bite of No Tax Increases, combined with a consistent message that his opponent – in his role as Mayor of New Rochelle – had raised taxes on New Rochelle property owners, Mr. Astorino gained the support of a number of factions, including some elected officials, and he was re-elected.

Now, because the County has not increased taxes, it has cut funding for vital services, and guess where the vital services are most needed?

Cities like Mount Vernon, Yonkers, New Rochelle, Peekskill are left holding the bag. No funding from the County for services? City taxpayers pick up the tab in their City budget, instead of spreading the tax burden across the broader County tax base and allowing property owners in all areas to share the cost of services which tend to impact most on lower-income areas.

A recent report ranked 4 Westchester towns — including Briarcliff, Lewisboro, Irvington and Pleasantville — as some of the safest areas in New York State to live. Those folks can well afford to pay for great schools, plenty of police, etc. in part because they don’t get burdened with covering the costs of services in less affluent communities.

Here in Mount Vernon, we have an elected City Council member who was a vehement supporter of Rob Astorino in his re-election campaign, loving the promise of no tax increases. Now, the City taxpayers are facing an 8% City tax increase in order to maintain some semblance of vital services which the County will no longer provide due to budget cuts.

Our City Council member is visiting somewhere in the Twilight Zone, creating her own illusions of reality, and she has supporters who believe in her?

Let me warn you folks: Don’t drink any of her Kool Aid! And, be very careful of the messages you hear on the election trail!

Somehow, Rob Astorino was elected to the position of Westchester County Executive in 2009. Since then, Mr. Astorino has accomplished nothing worth noting, other than a consistent and flagrant disreguard for the laws of New York State and the United States of America.

Now, Mr. Astorino is showing his true colors, attacking his Democratic Party endorsed opponent in the upcoming election for Westchester County Executive, and manufacturing reasons why his silly lawsuits against the federal government are a good idea, despite the fact that none of them have been successful.

Manufacturing his own facts, and drawing on his highly polished skills perfected during his long career as a radio broadcast journalist, Mr. Astorino and his Band of Merry Men are closely following the national model employed by Boehner, Ryan, Cruz and their ‘brothers’ using highly-charged emotional messages backed up by imaginary ‘facts’.

For some unfortunate reason, there seems to be a cohort of gullible — or perhaps dishonest? — New Rochelle residents who are willing to put their own character and reputation on the line to spread false facts.

Meanwhile, Noam Bramson, who has a solid track record of doing the right things to support and benefit the long-term success of all people in the County, is having to deal with the spillover effects of a divisive and dirty attack campaign from Mr. Astorino.

Some days, I wonder if America has been dragged down the rabbit hole by Alice and Astorino, and it’s all just a weird dream which will end with a nice cup of tea?

August 2013.

Westchester County is known as the bucolic gateway to the Hudson River Valley. Located just north of New York City, Westchester has a plethora of attractions, including castles, mansions, historical sites, and the iconic Playland Amusement Park in Rye.

Westchester boasts thousands of acres of parks and nature preserves; world-class museums and performing arts venues; exclusive shopping, wineries and orchards; public gardens; excellent dining; and year-round, family-friendly fairs and festivals.

That’s what current Westchester County Executive Rob Astorino and his cronies would like the world to know and believe.

The real Westchester County consists of 45 independent communities on a land area of 450 square miles. Just under 1 Million people live in Westchester, and they are racially, economically and culturally segregated.

From the City of Peekskill (population 24,000) where 51% of the population is white, 14.5% live in poverty, and the median family income is $65,585; to the City of Rye (population 16,000) where 90% of residents are white, just 2.3% live in poverty, and the median family income is $210,824; the contrasts are dramatic.

Meanwhile, it is very clear: Current County Executive Rob “I cut your taxes” Astorino has no shame.

Much like Don Quixote jousting at windmills, Mr. Astorino loves to do battle with various federal agencies. As he stamps his feet and screams, “I want my Maypo”, he tries to divert attention away from the huge financial penalties Westchester County Taxpayers face because of his incompetence, inability to lead and inexperience managing an organization of any size.

The most recent revelation?

The County had been given a deadline of April 2012 to provide Ultra Violet treatment to the water in Westchester Water District 1 which serves White Plains, Scarsdale, Mount Vernon and Yonkers.

Career professionals in the County had developed solutions; Astorino allowed the progress afforded by the solutions to grind to a halt.

Now, we find out that the County has been in violation of the mandate to deliver clean drinking water for 16 months, with probable fines of $37,500 a day. 16 months x 30 days x $37,500 is $18 Million. That’s a lot of money!

Cryptosporidium is the pathogen that is often behind the syndrome sometimes known as “Montezuma’s Revenge.”

It is highly resistant to chlorine disinfection, which is the primary form of disinfection used at most water treatment plants.

As long ago as 1999, the US EPA published definitive research showing that UV treatment is the only reliable and effective treatment system against all pathogens, including Cryptosporidium.

It is somewhat surprising that CE Astorino would mess with folks in Scarsdale.

His predictable pattern of abuse and benign neglect tends toward Mount Vernon, Yonkers, Port Chester, Peekskill and New Rochelle. Those folks just don’t seem to make time to come out to vote, and they mostly don’t make campaign contributions.

Maybe his campaign advisors told him, “Don’t worry, boss. People in Scarsdale don’t drink tap water. They drink bottled water. They will never find out that we are sending them potentially dangerous water.”

Hopefully, some of our neighbors in Scarsdale who do vote will get a bit vociferous about the gamble Astorino and his cronies seem to be willing to take with the physical (and financial) health of fellow Westchester residents.

The Environmental Protection Agency filed a lawsuit against Westchester County this month after county officials refused to enter into a consent decree to resolve the violations.

The potential legal fees and fines are astronomical.

What is even worse?

The lack of UV treatment puts thousands of Westchester residents (the majority of whom are registered Democrats!) at extreme risk of serious illness or even death from drinking improperly treated tap water.

Pretty clever political strategy, I think.

If you can’t convince the other party you have a solid plan and strategy, then disable or kill them so they can’t vote.

Brilliant move, Mr. Astorino!

Sen. Rand Paul (R-Ky.) said on a CNN appearance in mid-February that support for President Barack Obama’s drone program was “very scary and worrisome” and he feared it could open a “Pandora’s box” about government’s power. 

Today’s decision by Sen. Paul — who was elected in 2010 with support from the Tea Party – to orchestrate a genuine filibuster focused on the potential for the Obama administration to use drones to attack an American on U.S. soil is not a shock.

 Scanning various news sources today, I almost concluded that Barack Obama invented the drone, and that he has been the unilateral champion of its use.  Paul went so far to say that, “Obama will be the executioner-in-chief if he sees fit.”

What seems to be missing from the news reports is that the first U.S. use of an unmanned Predator drone in a targeted killing took place over eleven years ago (February 2002) in Afghanistan, near the city of Khost.  In that case, CIA sources revealed at the time that the intended target was Osama bin Laden.  Journalists on the ground in Afghanistan learned from local Afghans that the dead men were unarmed civilians gathering scrap metal.

 Then-CIA Director Donald Rumsfeld explained: “A decision was made to fire the Hellfire missile. It was fired.”  – This information was primarily sourced from an article John Sifton wrote which appeared in a February 2012 edition of The Nation.

A Reuters story which ran in the NY Daily News on March 3, 2013 tells us:

“Tens of thousands of domestic drones already are in use nationwide, with more to come. They hover over Hollywood film sets and professional sports events. They track wildfires in Colorado, survey Kansas farm crops and vineyards in California.  They inspect miles of industrial pipeline and monitor wildlife, river temperatures and volcanic activity.  They also locate marijuana fields, reconstruct crime scenes and spot illegal immigrants breaching U.S. borders.

Increase of use in drones by law enforcement, movie studios, environmental organizations and the news media, comes as the U.S. government prepares to issue commercial drone permits in 2015. Many of those already flying do so without the proper permits. Currently, just 327 FAA-issued permits are active.”

Prior to his decision to filibuster today, Sen. Paul had publicly pushed the Commander in Chief to declare his position on the use of drones.  On February 21, Sen. Paul had said, “The question which I and many others have asked is not whether the administration has or intends to carry out drone strikes inside the United States, but whether it believes it has the authority to do so. This is an important distinction.”

In a March 4 letter to Sen. Paul, Attorney General Eric Holder said that such domestic use of drones is “entirely hypothetical, unlikely to occur and one we hope no President will ever have to confront.”  Holder also said he couldn’t rule it out under an “extraordinary circumstance.”

Paul’s assertion that the administration has failed to provide sufficient assurances on the issue of drone usage is not universally supported among Republican legislators.

Rep. Mike Rogers (R-Mi), chairman of the House intelligence committee said, “Any suggestion that the United States would use drone strikes against U.S. citizens in the United States is irresponsible.  Suggesting that such a thing is being contemplated provokes needless fear and detracts attention from the real threats facing the country.”

Certainly, as this saga unfolds new information will emerge, meanwhile, it seems to be ‘much ado about nothing’.