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      <title>The Out-Lawyer&apos;s Blog</title>
      <link>http://jaygaskill.com/blog1/</link>
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      <copyright>Copyright 2011</copyright>
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         <title>RECOVERY 101</title>
         <description>Read Jay B Gaskill&apos;s latest article -- RECOVERY 101 - Link - http://www.jaygaskill.com/Recovery101.htm .</description>
         <link>http://jaygaskill.com/blog1/2011/04/recovery_101.html</link>
         <guid>http://jaygaskill.com/blog1/2011/04/recovery_101.html</guid>
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         <pubDate>Fri, 15 Apr 2011 15:37:19 -0800</pubDate>
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         <title>WARNING!</title>
         <description>WARNING!
FORCING MOMENT AHEAD

As the stall point gets closer and closer, any minor change in airflow or the pilot’s ascent angle can be the “forcing point” that results in a stall...or a prudent leveling off for the long haul.  Of course, the ultimate stability of any aircraft is reached on the ground – ideally in one piece.  Economies, like airplanes, defy gravity only by a safe landing, not by flying forever.

LINK-
http://jaygaskill.com/WarningForcingMomentsAhead.htm
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         <link>http://jaygaskill.com/blog1/2011/03/warning.html</link>
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         <pubDate>Wed, 23 Mar 2011 17:47:23 -0800</pubDate>
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         <title>WAITING FOR OBAMA 5.0</title>
         <description>Go to http://jaygaskill.com/SOUWaitingForObama5.0.htm

J</description>
         <link>http://jaygaskill.com/blog1/2011/01/waiting_for_obama_50.html</link>
         <guid>http://jaygaskill.com/blog1/2011/01/waiting_for_obama_50.html</guid>
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         <pubDate>Tue, 25 Jan 2011 12:34:04 -0800</pubDate>
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         <title>Tucson &amp; Nihilism</title>
         <description><![CDATA[FOLLOW THIS LINK:

NEW ON THE OUT*LAWYER’S BLOG < http://jaygaskill.com/outlawyer/ >
 
LINK this article in htm format @ The Policy Think Site -- http://jaygaskill.com/NihilismTucsonPlus.htm]]></description>
         <link>http://jaygaskill.com/blog1/2011/01/tucson_nihilism.html</link>
         <guid>http://jaygaskill.com/blog1/2011/01/tucson_nihilism.html</guid>
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         <pubDate>Wed, 12 Jan 2011 10:02:58 -0800</pubDate>
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         <title>Update</title>
         <description>Follow the Outlawyer in its NEW space.  Go to http://jaygaskill.com/outlawyer/ 

JBG</description>
         <link>http://jaygaskill.com/blog1/2010/12/update.html</link>
         <guid>http://jaygaskill.com/blog1/2010/12/update.html</guid>
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         <pubDate>Thu, 30 Dec 2010 12:34:54 -0800</pubDate>
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         <title>Murders are on the Decline? What’s up with that?</title>
         <description>

As 2010 draws to a close, we are hearing some good news.  Crime, especially violent crime, is down.  But isn’t this a recession?  Isn’t crime supposed to go up when times are hard?


PRINT VERSION LINK: http://jaygaskill.com/CrimeDecline.htm</description>
         <link>http://jaygaskill.com/blog1/2010/12/murders_are_on_the_decline_wha.html</link>
         <guid>http://jaygaskill.com/blog1/2010/12/murders_are_on_the_decline_wha.html</guid>
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         <pubDate>Thu, 30 Dec 2010 12:04:38 -0800</pubDate>
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         <title>Iran&apos;s A-Bomb Plot</title>
         <description>Go to my new blog, Dot 2 Dot&quot; for the article.  http://www.jaygaskill.com/dot2dot/ 

J</description>
         <link>http://jaygaskill.com/blog1/2010/10/irans_abomb_plot.html</link>
         <guid>http://jaygaskill.com/blog1/2010/10/irans_abomb_plot.html</guid>
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         <pubDate>Tue, 26 Oct 2010 17:24:15 -0800</pubDate>
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         <title>Can Jerry Brown reinvent himself one more time?</title>
         <description>The former California governor is running for a third term, after a multi-decade period of &quot;reflection&quot;.  

But he still is the same study in contradictions. 

From Moonbeam to Sunbeam?  

From &quot;Castro is cool&quot; to &quot;I&apos;m not a fool&quot;?

Don&apos;t count on it.  

Check out &gt;  http://www.jaygaskill.com/ThereGoesJerryAgain.htm .

Why should the rest of the USA care about California&apos;s election for governor?  The question is a bit like asking the occupants of the elite suites in the Titanic why they should care about what goes on at the Bridge.  

JBG

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         <link>http://jaygaskill.com/blog1/2010/10/can_jerry_brown_reinvent_himse.html</link>
         <guid>http://jaygaskill.com/blog1/2010/10/can_jerry_brown_reinvent_himse.html</guid>
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         <pubDate>Mon, 11 Oct 2010 08:46:45 -0800</pubDate>
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         <title>November 2:  The Malpractice Tsunami</title>
         <description><![CDATA[<span>Another article by Jay Gaskill from The Policy Think Site: </span><span><a href="http://www.jaygaskill.com/">http://www.jaygaskill.com</a></span><span><span>&nbsp;&nbsp; </span></span><span><span>&nbsp;</span></span><span><br /></span><span>As Posted on </span><strong><span>The Out-Lawyer&rsquo;s Blog:</span></strong><strong><span>&nbsp;</span></strong><strong><span><a href="http://www.jaygaskill.com/blog1">http://www.jaygaskill.com/blog1</a> </span></strong><strong><span><span>&nbsp;&nbsp;</span></span></strong><span><br /></span><strong><span /></strong><strong><span>All contents, unless otherwise indicated are --<br /></span></strong><strong><span>Copyright &copy; 2003, 2004, 2005, 2006, 2007, 2008, 2009 &amp; 2010 by Jay B. Gaskill<br /></span></strong><span>Permission to publish, distribute or print all or part of this article - except for personal use - is needed. <br /></span><strong><span>Forwarded links are welcomed &ndash; no permission needed.</span></strong><span><br /></span><strong><span>For all other permission, or just to chat, please contact Jay B. Gaskill, attorney at law, via e mail at </span></strong><strong><span><a href="mailto:response@jaygaskill.com">law@jaygaskill.com</a> <br /></span></strong><strong><p>&nbsp;</p></strong> <p class="MsoNormal"><strong>Print Version -- </strong><a href="http://jaygaskill.com/CongressionMalpractice.htm">http://jaygaskill.com/CongressionMalpractice.htm</a> </p><strong><p>&nbsp;</p></strong><strong><span>NOVEMBER 2: THE MALPRACTICE TSUNAMI<br /></span></strong><strong><p>&nbsp;</p></strong><strong>In the normal course of our personal affairs, the professionals on whose expertise and special knowledge we rely, among them our lawyers, doctors and accountants, are held by law to a particular performance standard that includes a degree of faith and allegiance, as well as the avoidance of negligence.<span>&nbsp; </span>When that standard is not upheld and we are damaged as a result, we are entitled to sue our lawyer, doctor, accountant or other professional for monetary damages.<br /></strong><p>&nbsp;</p> <p class="MsoNormal">On 10-27- 2009, in a piece titled, &ldquo;<em><span>Legislative Malpractice, the Whores&rsquo; Rule</span></em>&rdquo;, I introduced the notion that the <u>Congress</u> is guilty of massive malpractice.<span>&nbsp; </span>That piece, which focused on the Health Care debacle, is reproduced it in its entirety below with an additional comment at the very end of today&rsquo;s piece.</p><strong><p>&nbsp;</p></strong><strong><p>&nbsp;</p></strong><strong><span>Suing Congress?<br /></span></strong><strong>AN EXERCISE IN HYPOTHETICAL ACCOUNTABILITY<br /></strong><strong><p>&nbsp;</p></strong> <p class="MsoNormal">The Congress of the United State consists of professional politicians.<span>&nbsp; </span>Here, in outline, are just two of several hypothetical <span>malpractice</span> charges:</p><strong><p>&nbsp;</p></strong> <div><span>IN THE<br /></span><span>SUPREME COURT OF THE </span><span>UNITED STATES OF AMERICA</span><span><br /></span></div><div><strong><p>&nbsp;</p></strong><strong>In re Citizens of the </strong><strong>United States</strong><strong>, PETITIONERS, vs. the Congress and President of the </strong><strong>United States</strong><strong>, RESPONDENTS<br /></strong><p>&nbsp;</p><strong>This is a Petition for the direct exercise of this Court&rsquo;s jurisdiction, based on Article Three, Section Two of the </strong><strong>US</strong><strong> Constitution:<br /></strong><p>&nbsp;</p> <p class="MsoNormal">&ldquo;The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States [and] ... to Controversies to which the United States shall be a Party.&rdquo; </p><strong><p>&nbsp;</p></strong><strong>Petitioners submit that the power of this Court, in Law and Equity, includes the authority to redress profound harm suffered by the Citizens of the United States when that harm results from the violation of the solemn oaths of office by culpable members of Congress and the President, as provided in Article Six of the Constitution:<br /></strong><strong><p>&nbsp;</p></strong> <p class="MsoNormal"><a name="A6Cl3"></a>&ldquo;I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that <strong><u>I will well and faithfully discharge the duties of the office</u></strong> on which I am about to enter: So help me God.&rdquo;&nbsp;</p><span><p>&nbsp;</p></span> <p class="MsoNormal"><span>Article Aix: &ldquo;The</span>&nbsp;Senators and Representatives...and all executive and judicial Officers ... of the United States ... <strong><u>shall be bound</u></strong> by Oath or Affirmation, to support this Constitution.&rdquo;<span>&nbsp; </span>[Emphasis added.]</p><p>&nbsp;</p><strong>Petitioners submit that the purpose and effect of the Oath of Office was to impose a duty of loyalty and care on all Senators, Representatives and the Chief Executive to all the citizens of the </strong><strong>United States</strong><strong>.<span>&nbsp; </span>We submit that in words and effect the Oath establishes a fiduciary duty of loyalty and the exercise of due care.<span>&nbsp; </span>Petitioners further submit that whenever breaches of those duties are violated by certain extreme conduct, such as fraud, dereliction of duty, culpable negligence or a reckless disregard for the consent of the governed, this Honorable Court retains jurisdiction to fashion appropriate remedies.<br /></strong><strong><p>&nbsp;</p></strong><strong>Therefore We the People of the </strong><strong>United States of America</strong><strong>, Petitioners, hereby allege:<br /></strong></div><strong><p>&nbsp;</p></strong> <div><strong><p>&nbsp;</p></strong></div><strong><p>&nbsp;</p></strong><strong>COUNT </strong><strong>ONE</strong><strong><br /></strong><strong>RE &ndash; The FINANCIAL CRISIS:<br /></strong><strong>DERELICTION OF DUTY, LACK OF DUE DILIGENCE, FAILURE TO DISCLOSE, NEGLIGENT SUPERVISION </strong><strong>AND</strong><strong> OVERSIGHT.<br /></strong><strong><p>&nbsp;</p></strong> <p class="MsoNormal">Politically motivated coercion was exerted by Respondents via allied legislative and regulatory measures on large US lending institutions to make residential mortgage loans to borrowers who were otherwise unqualified for those loans, and unlikely to be able to pay them back.<span>&nbsp; </span>Two quasi-public lending institutions, commonly known as Fanny Mae and Freddie Mac, were systematically underfunded, then taken over by the federal government at taxpayer expense when, inevitably, they failed.<span>&nbsp;&nbsp;&nbsp;&nbsp; </span></p><strong><p>&nbsp;</p></strong> <p class="MsoNormal">&ldquo;Taxpayer money continues to flow to ailing mortgage giants, Fannie Mae&nbsp;and&nbsp;Freddie Mac. Despite having already spent $160 billion bailing out Fannie and Freddie, we are on the hook for much, much more; some current estimates of our total exposure relating to Fannie and Freddie run as high as $1 trillion.&rdquo; </p><p>&nbsp;</p> <p class="MsoNormal">&ldquo;The Federal government will provide an unlimited guarantee to the troubled firms through 2012, and all this without requiring Congress to pass any further embarrassing bailouts of Fannie Mae and Freddie Mac.</p><p>&nbsp;</p> <p class="MsoNormal">&ldquo;The very concept of an unlimited guarantee from the Federal government, without a vote by Congress, is shocking and unwise. But that explains the timing: It&rsquo;s an old Washington trick to drop news you&rsquo;d like to see buried on the Friday before a three-day weekend or a day when few people are paying attention--like Christmas Eve.&rdquo;</p><p>&nbsp;</p> <p class="MsoNormal">Forbes July 10, 2010</p><strong><p>&nbsp;</p></strong> <p class="MsoNormal">The foregoing policies caused the entire US Banking system to be infected with over-valued residential real estate, leading to a liquidity crisis and default cascade in 2007-2008, that in turn triggered massive federal government bailouts and takeovers.<span>&nbsp; </span>While the overvalued US real estate inventory was partly the result of private market decisions, incompetent federal policies and negligent oversight amplified the severity of that problem ten fold. Government negligence turned what could have been a temporary, but manageable correction into a massive economic crisis, an intractable recession and the expenditure of at least two trillion dollars in public funds. </p><strong><p>&nbsp;</p></strong><strong>WHEREFORE, PETITIONERS HEREBY REQUEST AN INITIAL AWARD OF DAMAGES IN THE SUM OF TWO TRILLION DOLLARS, </strong><strong>AND</strong><strong> ADDITIONAL DAMAGES ACCORDING TO PROOF.<br /></strong><strong><p>&nbsp;</p></strong> <div><strong><p>&nbsp;</p></strong></div><strong><p>&nbsp;</p></strong><strong>COUNT TWO<br /></strong><strong>RE - THE HEALTH </strong><strong>CARE</strong><strong> </strong><strong>BILL</strong><strong>:<br /></strong><strong>FRAUD, GROSS DERELICTION OF DUTY, GROSS NEGLIGENCE, RECKLESS DISREGARD OF THE CONSENT OF THE GOVERNED.<br /></strong><p>&nbsp;</p> <p class="MsoNormal">In March 2010, President Barak Obama insisted on rushing through a massive heath care reform package, hereafter Health Care Reform.<span>&nbsp; </span>The Democratic Congressional leaders chose to bypass the public hearing and review process, then employed parliamentary maneuvers to truncate and even shut down robust debate. When Congress delivered Health Care Reform to the White House for the President&rsquo;s signature, the bill had not been fully evaluated by the Congressional budge Office, let alone studied in appropriate detail by members of Congress or the President, <strong>yet it set in motion a truly massive set of changes representing the most complete and detailed restructuring of the US Heath Care delivery system in history.</strong><span>&nbsp; </span></p><p>&nbsp;</p> <p class="MsoNormal">Neither the President of the United States nor the overwhelming majority of House and Senate members who voted for this reform package had actually read this document.</p><p>&nbsp;</p> <p class="MsoNormal">This legislation was presented to the public (Petitioners) by making false representations; these false misrepresentations by Congressional leaders <u>and the President</u> included assertions that:</p><ul><li class="MsoNormal">No one would be forced to his or her current physician, </li><li class="MsoNormal">nor health case provider, </li><li class="MsoNormal">nor insurance provider. </li><li class="MsoNormal">That health insurance costs would not be increased; </li><li class="MsoNormal">that the measure would not raise taxes nor increase the deficit; </li><li class="MsoNormal">and that access to needed medical treatment would not be impaired.<span>&nbsp; </span></li></ul><p>&nbsp;</p> <p class="MsoNormal">In spite of the dereliction of duty by Congress in failing to study, let alone carefully read the legislation, all of the key leaders who supported it knew that case for enactment just outlined was not based in fact. Moreover, the leading members of congress and the President knew that it was false and deliberately misleading.<span>&nbsp; </span>The evidence will show that the President, the congressional leadership and many democratic members clearly understood that the measure was designed to drive private health case providers out of business, leaving a government-run, single payer model the only remaining option.<span>&nbsp; </span></p><strong><p>&nbsp;</p></strong><strong>WHEREFORE, PETITIONERS REQUEST A PERSONAL JUDGMENT AGAINST EACH CULPABLE MEMBER OF CONGRESS </strong><strong>AND</strong><strong> THE PRESIDENT BE LEVIED FOR APPROPRIATE MONETARY DAMAGES.<span>&nbsp; </span>PETITIONERS REQUEST SUCH OTHER </strong><strong>AND</strong><strong> FURTHER REMEDIES AS </strong><strong>MAY</strong><strong> BE DEEMED APPROPRIATE.<br /></strong><strong><p>&nbsp;</p></strong> <div><strong><p>&nbsp;</p></strong></div><strong><p>&nbsp;</p></strong><strong><span>JUST</span></strong><strong><span> A DREAM?<br /></span></strong><strong><p>&nbsp;</p></strong><strong>Sadly, common citizens do not get to sue our federal government, no matter what it does to us &ndash;<u>without its consent</u>.<span>&nbsp; </span>This is known as the doctrine of <em>sovereign immunity</em>, which is partly based on language from the 11<sup>th</sup> Amendment to the Constitution</strong> (&ldquo;The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.&rdquo;)<span>&nbsp; </span>I note that the quoted language from the 11<sup>th</sup> Amendment only addresses using federal courts for lawsuits between citizens and <strong><u>state</u></strong> governments.<span>&nbsp; </span>Standing alone, the 11<sup>th</sup> Amendment would not bar something like this hypothetical lawsuit.<span>&nbsp; </span>In the real world, the prospects of US citizens being allowed to sue POTUS and/or the Congress are so complicated by the statutes that govern the jurisdiction of the federal courts, and by separation of powers considerations, that this hypothetical lawsuit goes nowhere. Just think of the magnitude of the enforcement issues.<span>&nbsp; </span>SCOTUS is never likely to have nine jurists willing to suffer the consequences of such a decision.<strong><span>&nbsp; </span><br /></strong><strong><p>&nbsp;</p></strong><strong><span>So, have we have suffered colossal political malpractice without a remedy?<span>&nbsp; </span><br /></span></strong><strong><span><p>&nbsp;</p></span></strong><strong><span>The real remedy for legislative malpractice is termination of employment.<span>&nbsp; </span><br /></span></strong><strong><span><p>&nbsp;</p></span></strong><strong><span>And the first opportunity for that to take place will be </span></strong><strong><span>November 2, 2010</span></strong><strong><span>.<br /></span></strong><strong><span><p>&nbsp;</p></span></strong><strong><span>This is an historic, stark conflict between the current reigning political elites and a working majority of the American people over major issues during a huge financial crisis.<span>&nbsp; </span><br /></span></strong><strong><span><p>&nbsp;</p></span></strong><strong><span>I was amused by reports that immediately following the &ldquo;Great Firing&rdquo; of 2010, the President intends to leave town for a spell.<br /></span></strong><strong><span><p>&nbsp;</p></span></strong><strong><span>Here are excerpts from my earlier piece, posted before the Health Care bill passed, followed by some concluding points.<br /></span></strong><strong><p>&nbsp;</p></strong> <div><strong>LEGISLATIVE MALPRACTICE<br /></strong><p>&nbsp;</p> <p class="MsoNormal">It is now clear that the Senate heath care bill, while still shrouded in verbal fog, will do at least three things: (1) It will spend more than American&rsquo;s can afford.<span>&nbsp; </span>(2) It will accomplish less than promised. (3) Overall, most Americans, especially those on Medicare and working for small businesses, will be forced into inferior medical care over time in order to pay for the whole thing.</p><p>&nbsp;</p> <p class="MsoNormal">The Hippocratic Oath enjoins physicians, &ldquo;First:<span>&nbsp; </span>Do no harm.&rdquo;<span>&nbsp; </span>The congress is not bound by that wise injunction.<span>&nbsp; </span>Nor will our elected officials be accountable in other ways.</p><p>&nbsp;</p> <p class="MsoNormal"><strong>Consider the malpractice laws</strong>:</p><p>&nbsp;</p> <p class="MsoNormal">A physician in the OR sews up a patient, negligently leaving a metal clip inside the body cavity.<span>&nbsp; </span>A lawsuit ensues and the physician is ordered to pay the patient damages.</p><p>&nbsp;</p> <p class="MsoNormal">A lawyer misses a critical filing deadline for a client and an unjustified seizure of the client&rsquo;s bank accounts follows, resulting in the loss of the client&rsquo;s livelihood.<span>&nbsp; </span>A lawsuit is brought and the lawyer is ordered to compensate the former client.</p><p>&nbsp;</p> <p class="MsoNormal">YOU run a red light and collide with a school bus, injuring six children.<span>&nbsp; </span>You are sued and ordered to pay them compensation for your negligence.</p><p>&nbsp;</p> <p class="MsoNormal">The first two cases are classic professional malpractice cases, resulting in the award of compensatory damages for the failure of a professional to keep up the standards of the profession.<span>&nbsp; </span>The third is a case of ordinary negligence (lay malpractice is you will) in which YOU failed to maintain the standards expected of an ordinary motorist, causing damages to others because of your negligence.</p><p>&nbsp;</p> <p class="MsoNormal">In these examples, every negligent actor is accountable under the law, and can be held liable to pay for his or her damage-causing errors.</p><p>&nbsp;</p><strong>Hundreds of our elected representatives vote to enact a law that destroys businesses, causes the fatal delay or full-on denial of medical care to millions of Americans.<span>&nbsp; </span>At least three hundred and fifty of these elected officials did not even read the provisions of the legislation for which they voted, then (after community protests) expressed &ldquo;surprise&rdquo; that &ldquo;many constituents were hurt&rdquo; (potentially, if the legislation becomes law and immediately, by the attempt to railroad through an execrable piece of Beltway social engineering without debate).<span>&nbsp;&nbsp; </span>The potential monetary damages from this legislative malpractice are in the hundreds of million dollars, possibly several times that when the collateral effects are taken into account.<br /></strong><p>&nbsp;</p> <p class="MsoNormal">A revised version of this legislative atrocity has been burped out of the US Senate, but the embedded poison pills (such as trashing or burdening intelligent &amp; creative health care payment solutions like tax protected savings plans coupled with inexpensive catastrophic care insurance) are still in the mix.<span>&nbsp; </span></p><p>&nbsp;</p> <p class="MsoNormal">This remains a stealth plan to destroy private health care coverage by burdening it beyond capacity while selectively favoring public plans (disguised as &ldquo;optional&rdquo;) via subsidies that depend on magic &ldquo;savings&rdquo; that will never be realized.<span>&nbsp; </span></p><p class="MsoNormal">All of this sleight of hand is taking place against the backdrop of an unprecedented public opinion consensus: </p><p>&nbsp;</p> <p class="MsoNormal"><strong><em><u>We (the taxpayers) just don&rsquo;t trust the legislative process right now because we have already been mislead; we were almost rolled this summer; and we now favor limited, transparent reform, carefully targeted.</u></em></strong><span>&nbsp; </span></p><p>&nbsp;</p> <p class="MsoNormal">We may be na&iuml;ve, but we still believe that our elected representatives are still morally bound by the Hippocratic injunction, &ldquo;<strong>First, do no harm</strong>.&rdquo;</p><p>&nbsp;</p><strong>Not one of the negligent elected is held liable.<br /></strong><p>&nbsp;</p> <p class="MsoNormal">Some would claim that this is because of a doctrine called &ldquo;sovereign immunity&rdquo;.<span>&nbsp; </span>But the real governing doctrine is &ldquo;<strong><em>whores&rsquo;rule </em></strong>&rdquo;.<span>&nbsp; </span>This doctrine focuses on the standards to which our professional politicians are held.<span>&nbsp; </span>Where whores are concerned, it&rsquo;s just a matter of whether you got screwed, not how well.....</p><p>&nbsp;</p>It now comes down to this:<span>&nbsp; </span><strong>Do the blue dog democrats have the spine to stand up to their out-of-control congressional leadership?<br /></strong></div><p>&nbsp;</p><p>&nbsp;</p> <p align="center" class="MsoNormal">[][][]</p><p>&nbsp;</p><span>HEED THE TSUNAMI WARNING<br /></span><p>&nbsp;</p><span>History has answered my last question:<span>&nbsp; </span><strong><em>The Blue Dogs did not have enough spine</em></strong>.<br /></span><span><p>&nbsp;</p></span><span>Blue Dog</span><span> </span><span>democrats got their name when the left wing movers and shakers who still run the Democratic Party froze them out of all of the real power discussions.<span>&nbsp; </span>They stayed in the cold so long that they turned blue.<span>&nbsp; </span>Many in the current crop of putative Blue Dogs were so grateful to be readmitted to the center of power that they lost the will to resist the leadership.<br /></span><span><p>&nbsp;</p></span><span>Of the Blue Dog democrats who voted against the original House version of Health Care Reform package (I&rsquo;m thinking particularly of Congressman Stupak who led the fight then caved), a sufficient number later folded under pressure so that the measure passed by a margin of seven votes (219-212).<span>&nbsp; </span><br /></span><span><p>&nbsp;</p></span><span>The 34 democrats who ultimately voted against Health Care Reform <strong>were given a pass by Speaker Pelosi</strong>.<span>&nbsp; </span>Had she needed more votes, any reasonably astute observer of politics should be forgiven for a degree of cynicism:<span>&nbsp; </span><strong>More of these Blue Puppies could have been bought</strong>.<br /></span><span><p>&nbsp;</p></span><span>There will be a price to pay.<br /></span><span><p>&nbsp;</p></span><strong><span>&lsquo;&rdquo;The Blue Dogs are vulnerable,&rsquo; said Carol Cassel, a political scientist at the </span></strong><strong><span>University</span></strong><strong><span> of </span></strong><strong><span>Alabama</span></strong><strong><span>. &lsquo;They're not in safe Democratic seats at all. ... Some of the voters who helped sweep them in won&rsquo;t be at the polls.&rsquo;&rdquo;<br /></span></strong><span><p>&nbsp;</p></span><span>&ldquo;Why would voters punish even the Blue Dogs who held out?&rdquo; ...Because these members voted for Speaker Pelosi on arrival in congress and remain committed to vote for Speaker Pelosi if they are reelected.<span>&nbsp; </span><br /></span><span><p>&nbsp;</p></span><span>The point of this analysis is to remind everyone that the Democratic Congressional incumbents are not facing some loosely organized protest of easily manipulated discontents, or some right wing stunt.<span>&nbsp; </span>Republicans could easily experience the same wrath. <br /></span><span><p>&nbsp;</p></span><span>We are witnessing an authentic instance of a self-coordinated populist movement by a very large group of highly motivated voters with access to the internet.<span>&nbsp; </span>This is a uniquely American populist revolt. The underlying reality will become evident soon enough: <br /></span><span><p>&nbsp;</p></span><strong><span>The productive elements in our polity are rising up against the manipulative elements inside the Beltway.</span></strong><span><span>&nbsp; </span><br /></span><span><p>&nbsp;</p></span><span>This is the best informed populist uprising in </span><span>US</span><span> history and it is in its beginning stages. For now, the political class must face a <strong>MALPRACTICE TSUNAMI</strong>.<span>&nbsp; </span>And, yes, there will probably be &ldquo;innocent&rdquo; casualties.<span>&nbsp;&nbsp; </span><br /></span><span><p>&nbsp;</p></span><span>The new crop of Republicans should remember the reason for their pending victories.<span>&nbsp; </span>When the smoke clears in January, all members of the Congress will be on probation...every one.<span>&nbsp; </span>This group of exercised citizens will not go to sleep at the switch while the country hangs on the edge of financial ruin.<span>&nbsp; </span>And the next crop of blue Dog Democrats (and, yes, the country needs them, too) need to return to the table with more spine than whine.<br /></span><span><p>&nbsp;</p></span><span>JBG<br /></span><span><p>&nbsp;</p></span> <div><span>Jay B Gaskill is a </span><span>California</span><span> lawyer who served as the Alameda County Public defender before her left his &ldquo;life of crime&rdquo; to devote full time to writing.<span>&nbsp; </span>His profile is posted at <a href="http://www.jaygaskill.com/Profile.pdf">www.jaygaskill.com/Profile.pdf</a> . <br /></span></div><strong><p>&nbsp;</p></strong><strong>WATCH FOR THE 2011 RELEASE OF JAY GASKILL&rsquo;S POLITICAL THRILLER --<br /></strong><em><span>THE </span></em><em><span>GAIA</span></em><em><span> COUP.<br /></span></em><span><p>&nbsp;</p></span><span>Other Fiction by Jay B Gaskill is currently available for purchase on-line:<br /></span><span>The Lost Souls Coffee Shop</span><span> </span><span>(mind bending stories)<br /></span><span>The Stranded Ones (a thriller)</span><span><br /></span><span>Both books are sold only as e-books by </span><span>Amazon</span><span>, </span><span>Barnes and Noble</span><span>, </span><span>ireadiwrite Publishing</span><span> and 10 other on-line book retailers, downloadable to your desktop, laptop, i-Phone, i- Pad, Droid, Kindle, Nook, Sony Reader </span><span>AND</span><span> MORE.<span>&nbsp; </span>To locate a vendor, just Google &ldquo;Jay B Gaskill&rdquo; and the book&rsquo;s title. <br /></span><p>&nbsp;</p>]]></description>
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         <pubDate>Fri, 08 Oct 2010 07:30:22 -0800</pubDate>
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         <title>California - Toking its way to Prosperity</title>
         <description><![CDATA[<strong><span><strong><span>As Published On <br /></span></strong><strong>&rarr; The Out-Lawyer&rsquo;s Blog:</strong><strong><span> </span></strong><a href="http://www.jaygaskill.com/blog1">http://www.jaygaskill.com/blog1</a> <strong><span><br /></span></strong><strong>And<br /></strong><strong><span>The Policy Think Site</span>:</strong>&nbsp;<a href="http://www.jaygaskill.com/">http://www.jaygaskill.com</a> <strong><span><br /></span></strong><strong><span>All contents, unless otherwise indicated are<br /></span></strong><strong><span>Copyright &copy; 2005, 2006, 2007, 2008, 2009 and 2010 by Jay B. Gaskill<br /></span></strong><div><span>Permission to print all or part of this article (except for personal use) is needed. [Permission for use in group discussions is almost always routinely given.]<br /></span><span>Please contact Jay B. Gaskill, attorney at law, via e mail at <a href="mailto:response@jaygaskill.com">law@jaygaskill.com</a> <br /></span><span>PERMISSION TO FORWARD LINKS TO THIS BLOG OR INDIVIDUAL ARTICLES IS HEREBY GIVEN<br /></span></div><p>&nbsp;</p><span>Print Version -- <a href="http://jaygaskill.com/TokingToProsperity.htm">http://www.jaygaskill.com/TokingToProsperity.htm</a> <br /></span><span><span>CALIFORNIA</span><span>&rsquo;S SUICIDE NOTE:<span>&nbsp; </span><br /></span><span>TOKING TO PROSPERITY <br /></span><p>&nbsp;</p><p class="MsoNormal">Among the ballot initiatives that California will decide is one that will legalize marijuana, Prop 19.<span>&nbsp; </span></p><p>&nbsp;</p><p class="MsoNormal">&ldquo;Why NOW,&rdquo; you ask?<span>&nbsp; </span></p><p>&nbsp;</p><p class="MsoNormal">Let me count the ways.<span>&nbsp; </span>This is a state that is teetering on the precipice of fiscal collapse, mired in an intractable recession, losing business and jobs to other states and countries while its one-party legislature clings to its drug of choice (borrowing in order to spend) to the very end.<span>&nbsp;&nbsp; </span></p><p>&nbsp;</p><p class="MsoNormal">Enter the ever tireless, ever confused advocates for ganja legalization with a &ldquo;fresh&rdquo; argument:<span>&nbsp; </span>Cannabis sales and consumption will be a brand new market that can be taxed (a new stream of drug revenue to help prolong the legislature&rsquo;s own addiction).<span>&nbsp; </span></p><p>&nbsp;</p><p class="MsoNormal">What could be better? </p><p>&nbsp;</p><p class="MsoNormal">California ranks 49<sup>th</sup> in employment - put another way, California has the bleak distinction of having risen to the top of the barrel in <strong><u>un</u></strong>employment, hovering at about 14% joblessness. </p><p>&nbsp;</p><p class="MsoNormal">Twenty eight states have unemployment rates below 9%.<span>&nbsp; </span>All of them are better at attracting new businesses than California.</p><p>&nbsp;</p><p class="MsoNormal">There is no credible humanitarian argument for pot legalization in the Golden State.<span>&nbsp; </span>Medical marijuana sales are robust.<span>&nbsp; </span>As a former public defender, I keenly remember when marijuana possession for personal use became <strong><em>de facto</em></strong> legal.<span>&nbsp; </span>Decades ago, the possession of small amounts of grass&nbsp;in personal use amounts became a misdemeanor for which no jail term could be imposed.<span>&nbsp; </span>It was a clever move:<span>&nbsp; </span>The misdemeanor status guaranteed that the accused could have a jury trial with an appointed lawyer, while the stakes for the prosecution were reduced to getting a fine, the public benefits of which were overmatched by court costs.<span>&nbsp; </span>There were no pot jury trials for personal possession.</p><p>&nbsp;</p><p class="MsoNormal">Let&rsquo;s leave aside the conflict between state and federal laws that would emerge if California legalizes marijuana sales in order to tax them.<span>&nbsp;&nbsp; </span>Let&rsquo;s also leave aside the various social and libertarian arguments about drug use, the culture and the criminal law (my post-libertarian, neo-conservative position &ndash; focusing on the harder drugs &ndash; is posted at &lt; <a href="http://www.jaygaskill.com/narc.htm">http://www.jaygaskill.com/narc.htm</a>&nbsp;&gt;).<span>&nbsp; </span></p><p>&nbsp;</p><p class="MsoNormal"><strong>Does pot legalization in the </strong><strong>Golden</strong><strong> </strong><strong>State</strong><strong> make any <u>economic</u> sense whatsoever</strong>?<span>&nbsp; </span></p><p>&nbsp;</p><p class="MsoNormal">A confession:<span>&nbsp; </span>I am a former pipe smoker.<span>&nbsp; </span>I love second hand tobacco smoke, provided it comes from a fine cigar or top flight pipe tobacco.<span>&nbsp; </span>In my youth, I have consorted with members of the pot-toking set, spending time in the midst of second hand marijuana smoke at parties attended by otherwise intelligent people, some of whom later joined the political elite.<span>&nbsp; </span><strong>I hate the smell of burning marijuana</strong>.<span>&nbsp; </span></p><p>&nbsp;</p><p class="MsoNormal">Moreover, I can report that those jolly souls who are under the influence of cannabis suffer from an inflated sense of cleverness coupled with a painfully apparent loss of cognitive function.<span>&nbsp; </span></p><p>&nbsp;</p><p class="MsoNormal">Moderate alcohol indulgence can unleash one&rsquo;s inner poet.<span>&nbsp; </span>Any significant marijuana indulgence unleashes one&rsquo;s inner idiot.</p><p>&nbsp;</p><p class="MsoNormal">No employer worth his or her startup money will hire a pot-using workforce.<span>&nbsp; </span>Leave aside the undisputed medical evidence that marijuana smoking is even more carcinogenic than tobacco smoking (BTW, nicotine actually enhances concentration and cognitive function).<span>&nbsp; </span>Pot &ndash; dare I say it? &ndash; induces idiocy.</p><p>&nbsp;</p><p class="MsoNormal">Jobs follow intelligent and reliable workforces and business-friendly environments.<span>&nbsp; </span>This isn&rsquo;t rocket science.<span>&nbsp; </span>Any revenue trickle from a marijuana tax will be overmatched by the continued flight of the business community from the former Golden State to saner cultural and fiscal environments.</p><p>&nbsp;</p><p class="MsoNormal">JBG</p><p>&nbsp;</p><p>&nbsp;</p><div><span>Jay B Gaskill is a </span><span>California</span><span> lawyer who served as the Alameda County Public defender before her left his &ldquo;life of crime&rdquo; to devote full time to writing.<span>&nbsp; </span>His profile is posted at <a href="http://www.jaygaskill.com/Profile.pdf">www.jaygaskill.com/Profile.pdf</a> . <br /></span></div><span><span>Books by Jay B Gaskill currently available:<br /></span><span><span>The Lost Souls Coffee Shop</span><span> is an allegory for the human condition.<span>&nbsp; </span><br /></span><span>The Stranded Ones is </span><span>a near-future novel about a potential Armageddon-scale &ldquo;immigration&rdquo; problem.<span>&nbsp; </span><strong>Hint:<span>&nbsp; </span>They&rsquo;re not from around here</strong>.<span>&nbsp; </span><br /></span><span><p>&nbsp;</p></span><span>Both books are sold as e-books by Amazon, Barnes and Noble, </span><span>ireadiwrite </span><span>Publishing and 10 other on-line book retailers.<span>&nbsp; </span>To locate a vendor, Google &ldquo;Jay B Gaskill&rdquo; and the book&rsquo;s title. <br /></span><span><p>&nbsp;</p></span><span>Two </span><strong><span>*****</span></strong><span> Reviews of &ldquo;The Stranded Ones&rdquo; are available on Amazon at &ndash; <br /></span><a href="http://www.amazon.com/The-Stranded-Ones-ebook/product-reviews/B002YQ2IN0/ref=dp_top_cm_cr_acr_txt?ie=UTF8&amp;showViewpoints=1">http://www.amazon.com/The-Stranded-Ones-ebook/product-reviews/B002YQ2IN0/ref=dp_top_cm_cr_acr_txt?ie=UTF8&amp;showViewpoints=1</a> <span><br /></span><p>&nbsp;</p></span></span></span></span></strong>&nbsp; ]]></description>
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         <pubDate>Fri, 01 Oct 2010 08:57:21 -0800</pubDate>
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         <title>Obama and Voldemort</title>
         <description><![CDATA[<strong><span>As Published On <br /></span></strong><strong>&rarr; The Out-Lawyer&rsquo;s Blog:</strong><strong><span> </span></strong><a href="http://www.jaygaskill.com/blog1">http://www.jaygaskill.com/blog1</a> <strong><span><br /></span></strong><strong>And<br /></strong><strong><span>The Policy Think Site</span>:</strong>&nbsp;<a href="http://www.jaygaskill.com/">http://www.jaygaskill.com</a> <strong><span><br /></span></strong><strong><span>All contents, unless otherwise indicated are<br /></span></strong><strong><span>Copyright &copy; 2005, 2006, 2007, 2008, 2009 and 2010 by Jay B. Gaskill<br /></span></strong><div><span>Permission to print all or part of this article (except for personal use) is needed. [Permission for use in group discussions is almost always routinely given.]<br /></span><span>Please contact Jay B. Gaskill, attorney at law, via e mail at <a href="mailto:response@jaygaskill.com">law@jaygaskill.com</a> <br /></span><span>PERMISSION TO FORWARD LINKS TO THIS BLOG OR INDIVIDUAL ARTICLES IS HEREBY GIVEN<br /></span></div><span><p>&nbsp;</p></span><span>See the print version -- </span><a href="http://jaygaskill.com/ObamaAndVoldemort.htm">http://jaygaskill.com/ObamaAndVoldemort.htm</a> <span><br /></span><span><br /><br /><p></p></span><span>Mr. Obama&rsquo;s Voldemort Complex<br /></span><p>&nbsp;</p> <p class="MsoNormal">In 2004 I posted several articles about the ongoing threat to Western democracy.<span>&nbsp; </span></p><p>&nbsp;</p> <p class="MsoNormal">Six years later, under a different and less sure-footed administration, each of the problems that I identified have grown more acute.<span>&nbsp; </span>Now, in the middle of a potentially crippling economic crisis, we are beginning to hear isolationist sounds from the right, grumblings that eerily echo the opportunistic pacifism of the British conservatives who were seeking to ride that lame horse against Labor&rsquo;s Tony Blair, sounds that echo the Lafollette-Lindberg isolationists of the pre-WW II GOP.</p><p>&nbsp;</p> <p class="MsoNormal">I began my 2004 essay with a reference to Francis Fukuyama&rsquo;s &ldquo;<strong><em>End of History</em></strong>&rdquo;, an important book that naively made a respectable case that democracy is the next, new thing that will follow the discredited bloody-authoritarian models of governance of the 20<sup>th</sup> century. I use the term na&iuml;ve here because professor Fukuyama was naively confident that democracy would succeed because it was <strong>the better system, as secure in its right to succession </strong>as the dawn follows the night.<span>&nbsp; </span></p><p>&nbsp;</p> <p class="MsoNormal">But professor Fukuyama later reversed his support for the Bush administration&rsquo;s war to liberate Iraq. He thus demonstrated a sad aspect of recent intellectual history: American liberal academics are all too quick to abandon their principled positions whenever their other liberal colleagues gang up on them in sufficient numbers.</p><p>&nbsp;</p> <p class="MsoNormal">One thing has long been clear to me, as it was to intellectuals like Norman Podhoretz and scores of others (men and women of moral integrity and wisdom were later to be maligned as the dreaded <em>neocons</em>): The enemy that was belatedly recognized as an existential, large scale threat in the fire, dust and death of September 11, 2001 was a new, virulent ideology.<span>&nbsp; </span></p><p>&nbsp;</p> <p class="MsoNormal">That threat remains as I described it then, </p><p>&nbsp;</p> <p class="MsoNormal"><strong><em>&ldquo;...a huge interlinked terrorist network with covert and overt state support whose overriding purpose was to create a pan-Arab Islamist empire, a proto-state governing the entire Middle Eastern region, armed with nuclear weapons, standing triumphantly over the smoking cinders of the hated Israel and in control of most of the world&rsquo;s petroleum supply. They also saw that the pattern of terrorist attacks was designed and intended to disable all forces that stand in the way of the Islamist proto-state. We know the list: the </em></strong><strong><em>U.S.</em></strong><strong><em>, </em></strong><strong><em>Israel</em></strong><strong><em>, the non-compliant </em></strong><strong><em>Arab</em></strong><strong><em> </em></strong><strong><em>States</em></strong><strong><em>, and </em></strong><strong><em>Europe</em></strong><strong><em>.&rdquo;</em></strong><span>&nbsp; </span></p><p>&nbsp;</p>The difference in six years is that <strong>our new president dares not name the enemy</strong>. <span>&nbsp;</span>Like a trembling professor of magic at Hogwarts (in the Harry Potter books), <strong><em>Mr. Obama refuses to name the dark nemesis that stalks our civilization.<span>&nbsp; </span>Islamo-fascism is our Voldemort, the villain whom the authorities in charge are too timid to name out loud.<br /></em></strong><p>&nbsp;</p> <p class="MsoNormal">As I reread my 2004 essay I asked myself:<span>&nbsp; </span>have we lost the nerve to survive?</p><p>&nbsp;</p> <p class="MsoNormal">Here is part of what I wrote, unedited.</p><p>&nbsp;</p><span>Our War For Survival<br /></span><p>&nbsp;</p><strong><em>A Review of the Overall Crisis<br /></em></strong><p>&nbsp;</p> <p class="MsoNormal">We (this is the large &ldquo;we&rdquo; consisting of the US and of all the other targets of the current jihad whether they have awakened to their peril or not) are in two decade struggle. <strong>This is nothing less a battle for the survival of Western democratic civilization.<span>&nbsp; </span>It is a struggle that fully qualifies as a &ldquo;World War&rdquo;<a name="_ftnref1" href="#_ftn1"></a><span class="MsoFootnoteReference"><span><span class="MsoFootnoteReference"><strong><span>[1]</span></strong></span></span></span> and one that we, as a civilization, must not even seem to be losing, nor is it one in which we should even think of writing off some of<span>&nbsp; </span>the jihad&rsquo;s targets, just because their nations are foolish, intractable, remote, or all three.<span>&nbsp; </span></strong>We democracies may eventually all stand together.<span>&nbsp; </span>For now, it appears that the US, Great Britain, and a handful of smaller countries must lead out.</p><p>&nbsp;</p><strong>Afghanistan</strong><strong> and </strong><strong>Iraq</strong><strong> are just early, multi front battles in a larger war against Western democracy that we did not seek but must not lose.<span>&nbsp; </span><br /></strong><p>&nbsp;</p> <p class="MsoNormal">Given our reduced military resources, downsized since the end of the Cold War (cut 2 and &frac12; divisions following Gulf War, Phase1) and the limitations of domestic politics, this president has moved more boldly, forcefully and effectively to respond to the threat than any plausible alternative in either party.<span>&nbsp; </span>Only when the next president is elected, (presumably when Mr. Bush is reelected), can we expect further action of the kind the situation calls for.<span>&nbsp; </span>The furor surrounding Mr. Bush&rsquo;s first election was just one more of the ongoing challenges to existing democratic systems of governance in the world.<span>&nbsp; </span>There was, in effect, a second, de facto election for president in the immediate wake of 9-11, during which the questions surrounding W&rsquo;s legitimacy were effectively forgotten. Mr. Bush moved as forthrightly as any president with a mandate.<span>&nbsp; </span>But a democratic leader at war needs the particular legitimacy that the democratic process itself confers.<span>&nbsp; </span>The country needs a much more decisive election outcome this time, more secure presidential authority as a result, and an even stronger response to the challenge we face from radical Islam.</p><p>&nbsp;</p><p>&nbsp;</p> <p class="MsoNormal"><strong>The genesis of the struggle is an awakened pan-nationalist fervor among an atavistic, dysfunctional and largely mentally disturbed population centered in the </strong><strong>Middle East</strong><strong>.</strong> There are other such populations in the world, of course &ndash; after all this is a description of normal life of an earlier period.<span>&nbsp; </span>But local conditions have isolated these other peoples and societies to a degree that has permitted the West to &ldquo;allow time to do its thing&rdquo;.<span>&nbsp; </span>This mindset might be described as evolutionary isolationism, the general notion that primitive civilizations will eventually progress &ldquo;at their own pace&rdquo;, and that the wisest policy of the more developed nations is benign non-interference.<span>&nbsp; </span>Leaving aside the dubious wisdom of this form of isolationism when the world is ever more tightly bound by the technologies of transport and communications, the Middle East is a manifestly different case. </p><p>&nbsp;</p> <p class="MsoNormal">Geography, economic realities and the fungibility of deadly technologies have conspired to force the West out of its isolationism.<span>&nbsp; </span></p><p>&nbsp;</p><strong>For the foreseeable future, the architects of a world jihad are in a position to seize control of the economic jugular of the West. By virtue of geographic and economic position, the jihadists, should they capture even one significant<span>&nbsp; </span>oil producing state, are potentially capable of arming themselves with true </strong><strong>WMD</strong><strong>&rsquo;s, the kind capable of wiping out large populations <em>at a distance</em>. In a single master stroke, all who stand in the way of jihad would have to defer, or suffer the gravest consequences.<span>&nbsp; </span>And, as I reiterate below, the particular mindset we face&ndash; promoting, as it does, <em>suicidal aggression as virtue</em> &ndash;makes the overall threat dramatically more deadly. Consider: The Russians and the Chinese were deterrable. A well armed jihad proto-state <em>may not be</em>.<br /></strong><p>&nbsp;</p> <p class="MsoNormal">We did not take this growing threat seriously in its earlier stages for several reasons, all of which are founded in our collective complacency, lack of foresight, and stubborn failure to grasp the magnitude of the unique danger posed when a truly atavistic fanaticism is coupled with large scale 21<sup>st</sup> century weapons technology.</p><p>&nbsp;</p> <p class="MsoNormal">The West has been complacent on more than the narrowly materialistic level. The creature comforts that are the gift of modernity are less disabling than the modernist notion that we Westerners have arrived at the apex of a natural progression of thought, and that the primitive world, suffused as it is with superstition and outmoded religious beliefs, will simply fall like rotten fruit when exposed to our scientist, materialist &ldquo;values&rdquo;.<span>&nbsp; </span>Ironically, the post-modern reality is spreading the notion that no values are worth risking comfort much less life itself to preserve.<span>&nbsp; </span>Hence, a profound weakening of value commitment more accurately defines the current Western ethos. Populations seduced by the current level of comfort and complacency are very difficult to rouse to self defense, particularly when the threat is striking elsewhere or can somehow be temporarily contained, or (when all else fails) can simply be denied. The modern jihad architects of the current war were not blind to this weakness.</p><p>&nbsp;</p> <p class="MsoNormal">As long as the restive Middle East population was divided and ruled by tribal leaders whose regimes we in the West could &ldquo;tame&rdquo; via mutually beneficial economic relationships, the potential threat was ignored. This space is far too limited to chronicle the last 100 years of Middle Eastern history, but suffice it to say that the emergence of a virulent pan Arab nationalism fueled and ignited by a fascistic ideology based on Islam should not have been surprising. </p><p>&nbsp;</p> <p class="MsoNormal">Even now, the biggest obstacle to a truly pan-Arab force remains the Arab inter-tribal rivalries (recalling the &ldquo;religious&rdquo; differences among major Arab groups are tribal at root and that religions function as tribal ideologies).<span>&nbsp; </span>But the developments of the last few years are troubling.<span>&nbsp; </span></p><p>&nbsp;</p><strong>At last a single scapegoat and rallying point has emerged capable of uniting the pan-Arab jihad.<span>&nbsp; </span>It is no accident that the terrorists have taken the war directly to the West, and principally seek to humiliate and gravely damage the single most powerful representative of the decadent Western civilization they seek to replace. We are a useful enemy.<br /></strong><p>&nbsp;</p> <p class="MsoNormal"><strong>It is essential that any American administration continue to act from a core understanding of the true nature and scope of the threat.<span>&nbsp; </span>The credibility of the isolationist mindset collapsed overnight when the </strong><strong>WTC</strong><strong> </strong><strong>Towers</strong><strong> fell, the Pentagon was struck, and the White house (or Congress or FBI Headquarters &ndash; we my never know which) were narrowly spared.<span>&nbsp; </span>Reasonable observers soon grasped that we faced a huge interlinked terrorist network with covert and overt state support whose overriding purpose was to create a pan-Arab Islamist empire, a proto-state governing the entire Middle Eastern region, armed with nuclear weapons, standing triumphantly over the smoking cinders of the hated </strong><strong>Israel</strong><strong> and in control of most of the world&rsquo;s petroleum supply.</strong> </p><p>&nbsp;</p> <p class="MsoNormal">They also saw that the pattern of terrorist attacks was designed and intended to disable all forces that stand in the way of the Islamist proto-state. We know the list: the U.S., Israel, the non-compliant Arab States, and Europe.</p><p>&nbsp;</p> <p class="MsoNormal">The following course appears to be essential to our survival as the world&rsquo;s preeminent functioning democratic power:</p><p>&nbsp;</p> <p class="MsoNormal"><span>1.<span>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </span></span><em>Hardening our domestic defenses</em>.<span>&nbsp; </span>This is a work in progress, at best, and is beset with bureaucratic inertia, civil liberties lawsuits, and the seeming political inability to take strong measures to control our borders and to limit immigration.<span>&nbsp; </span></p><p class="MsoNormal"><span>2.<span>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </span></span><em>Forcing other regimes to deny all aid and comfort to terrorist efforts</em>.<span>&nbsp; </span>Both Afghanistan and Iraq are fully justified uses of military force on this count alone, even if nation building falters.<span>&nbsp; </span>The demonstration of American power in support of the &ldquo;Bush doctrine&rdquo; has had a salutary effect.</p><p class="MsoNormal"><span>3.<span>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </span></span><em>Preventing overtly hostile regimes (</em><em>Iran</em><em> &amp; </em><em>Korea</em><em>) from acquiring a deliverable nuclear weapons capability.</em><span>&nbsp; </span>Another work in progress.<span>&nbsp; </span></p><p class="MsoNormal"><span>4.<span>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </span></span><em>Establishing a semi-permanent </em><em>US</em><em> military base in the region not beholden to the Saudis or any other unreliable regime</em>. This is a stated Pentagon goal and awaits developments in Iraq.</p><p class="MsoNormal"><span>5.<span>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </span></span><em>Planting the democratic seeds of the counter-jihad in the region</em>.<span>&nbsp; </span>This single effort, with all the attendant problems, contains the key to averting the Islamist proto-state.<span>&nbsp; </span>It may be the single most astute choice this administration has made, provided the resources needed to guide Iraq along the proto-democracy course are not denied.</p><p>&nbsp;</p> <p class="MsoNormal">To imagine that any democratic power could rationally use its raw capacity to &ldquo;solve&rdquo; the jihad problem with nuclear weapons is a video game fantasy. The &ldquo;country sized glass parking lot&rdquo; solution (only half seriously proposed by a friend) will not be a realistic option, either in moral or practical terms. Only a comparable Cold War threat to our own cities could possibly justify such a massive scale of threat response. In the real world, the infliction of casualties in the millions, risking collateral catastrophic economic damage to the world&rsquo;s economy, could only come about as a necessary and proportional response to a massive threat of similar scope under profound emergency conditions. In my judgment, that simply isn&rsquo;t going to happen. </p><p>&nbsp;</p><strong>But large scale military actions and brutal, intense small scale actions will certainly be necessary.<br /></strong><p>&nbsp;</p> <p class="MsoNormal">For example, the time will come that we, a peaceful democracy, will consider employing tactical nuclear weapons, including neutron bombs, to neutralize a nuclear threat that can&rsquo;t reasonably be safely eliminated by other means.<span>&nbsp; </span>The North Koreans have most of Seoul within artillery and rocket range.<span>&nbsp; </span>Possible friendly casualties following a North Korean response to a US attack might exceed one million. <span>&nbsp;</span>Any military action against the North would necessarily have a preemption component for these batteries north of Seoul. This logic might well justify the use of tactical nuclear bombs.</p><p>&nbsp;</p><strong>In the larger </strong><strong>Middle East</strong><strong> we will most certainly have to use massive military force once, twice, or three times again.</strong><span>&nbsp; </span>For a time, Iran seemed poised to mutate in a peaceful and democratic direction.<span>&nbsp; </span>A civil war may be needed.<span>&nbsp; </span><strong>If the mullahs in charge press forward with nuclear weapons development, we may not be able to wait out the coming political revolution.<br /></strong><p>&nbsp;</p> <p class="MsoNormal">As a democracy, we are probably unable to reinstitute the draft in the absence of another 9-11 scale attack. Fortunately, the modern military has traded technology for soldiers, amplifying the effective destructive power on the ground of 1,000 soldiers a thousand fold.<span>&nbsp; </span><strong>But the stark truth is that we lack the field strength to simultaneously <em>occupy</em> two countries the size of </strong><strong>Iraq</strong><strong> and </strong><strong>Iran</strong><strong>, yet we have the power to utterly destroy the military capability of every nation in the region.</strong><span>&nbsp; </span><strong>And this is a step we may yet be forced to take.</strong></p><p>&nbsp;</p> <p class="MsoNormal">Under these complex circumstances, we should proceed with care while remaining visibly willing and able to utilize the kinds of serious military action that will probably be needed. </p><p>&nbsp;</p><strong>This is a struggle for nothing less than the survival of the democratic model of governance in the world.<span>&nbsp; </span>We&rsquo;ve planted a single seed in the </strong><strong>Middle East</strong><strong>.<span>&nbsp; </span>The contest has just begun.<br /></strong><strong><p>&nbsp;</p></strong><strong>9-24-04</strong><strong> &amp; </strong><strong>10-13-04</strong><strong><span>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </span><br /></strong><strong><p>&nbsp;</p></strong><strong>CONCLUSION<br /></strong><strong><p>&nbsp;</p></strong> <p class="MsoNormal"><strong>A reading of Bob Woodward&rsquo;s new book, <em>Obama&rsquo;s Wars</em></strong>, reveals an untried, unprepared president who is uncomfortable in his role as commander in chief, and unrealistic about the gravity and scope of the threat.<span>&nbsp; </span></p><p>&nbsp;</p> <p class="MsoNormal">Yet for now at least, Mr. Obama has reluctantly rejected the &ldquo;cut and run&rdquo; option that he and his core leftist supporters would really prefer.<span>&nbsp; </span>He will probably muddle through until the 2012 elections, avoiding outright defeat, deferring the day of actual victory.<span>&nbsp; </span></p><p>&nbsp;</p> <p class="MsoNormal">Absent a repeat of the 911 attacks, the main danger is that the conservative core will &ldquo;go all wobbly&rdquo; (to quote PM Margaret Thatcher&rsquo;s admonition to President Bush I).<span>&nbsp; </span></p><p>&nbsp;</p> <p class="MsoNormal">In 2013 we may well find ourselves in the position of an aging, weakened superhero, no longer capable of a prolonged fight, but still capable of calling in an air strike.<span>&nbsp; </span></p><p>&nbsp;</p><strong>As a wise man once told a street thug, never pick a fight with an old soldier.<span>&nbsp; </span>He won&rsquo;t be able to kick your butt, so he&rsquo;ll just have to kill you. <br /></strong><p>&nbsp;</p> <p class="MsoNormal">We are in the World War IV that was named and described by Norman Podhoretz in his trenchant 2007 book of the same title.<span>&nbsp; </span>It is to be a long slog, but one that poses a smaller burden in proportion terms (by any reasonable measurement of casualties and treasure) than the Greatest Generation endured before us.</p><p>&nbsp;</p> <p class="MsoNormal">The weaker and more ambivalent our response to this challenge, the longer the war will last.<span>&nbsp; </span>Because <strong><u>this</u></strong> adversary wants our total subjugation, we are effectively fighting in a corner until the jihad has been disarmed, discredited and dissolved.<span>&nbsp;&nbsp; </span>This is the hand that history has dealt us.<span>&nbsp; </span></p><p>&nbsp;</p> <p class="MsoNormal">As a great man said, </p><p>&nbsp;</p> <p class="MsoNormal">&ldquo;<strong><em>We&nbsp;cannot escape history. We of this Congress and this administration, will be remembered in spite of ourselves. No personal significance, or insignificance, can spare one or another of us. The fiery trial through which we pass, will light us down, in honor or dishonor, to the latest generation</em></strong>.&rdquo;</p><p>&nbsp;</p> <p class="MsoNormal">&nbsp;[Abe Lincoln 12-1-62, to Congress].</p><p>&nbsp;</p><strong>JBG<br /></strong><p>&nbsp;</p> <p class="MsoNormal"><span>&nbsp;</span><span>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </span></p><strong><span><p>&nbsp;</p></span></strong> <div><span>Jay B Gaskill is a </span><span>California</span><span> lawyer who served as the Alameda County Public defender before her left his &ldquo;life of crime&rdquo; to devote full time to writing.<span>&nbsp; </span>His profile is posted at <a href="http://www.jaygaskill.com/Profile.pdf">www.jaygaskill.com/Profile.pdf</a> . <br /></span></div><span /><span>Books by Jay B Gaskill currently available:<br /></span><span /><span>The Lost Souls Coffee Shop</span><span> is an allegory for the human condition.<span>&nbsp; </span><br /></span><span>The Stranded Ones is </span><span>a near-future novel about a potential Armageddon-scale &ldquo;immigration&rdquo; problem.<span>&nbsp; </span><strong>Hint:<span>&nbsp; </span>They&rsquo;re not from around here</strong>.<span>&nbsp; </span><br /></span><span><p>&nbsp;</p></span><span>Both books are sold as e-books by Amazon, Barnes and Noble, </span><span>ireadiwrite </span><span>Publishing and 10 other on-line book retailers.<span>&nbsp; </span>To locate a vendor, Google &ldquo;Jay B Gaskill&rdquo; and the book&rsquo;s title. <br /></span><span><p>&nbsp;</p></span><span>Two </span><strong><span>*****</span></strong><span> Reviews of &ldquo;The Stranded Ones&rdquo; are available on Amazon at &ndash; <br /></span><a href="http://www.amazon.com/The-Stranded-Ones-ebook/product-reviews/B002YQ2IN0/ref=dp_top_cm_cr_acr_txt?ie=UTF8&amp;showViewpoints=1">http://www.amazon.com/The-Stranded-Ones-ebook/product-reviews/B002YQ2IN0/ref=dp_top_cm_cr_acr_txt?ie=UTF8&amp;showViewpoints=1</a> <span><br /></span><p>&nbsp;</p><p>&nbsp;</p><p>&nbsp;</p> <div><br /><hr width="33%" size="1" /><div id="ftn1"><p class="MsoFootnoteText"><a name="_ftn1" href="#_ftnref1"></a><span class="MsoFootnoteReference"><span><span class="MsoFootnoteReference"><span>[1]</span></span></span></span> I recommend Norman Podhoretz&rsquo; masterful article in the September 2004 <em>Commentary</em>, &ldquo;World War IV: How It Started, What It Means, and Why We Have to Win It&rdquo;.</p></div></div>]]></description>
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         <pubDate>Fri, 24 Sep 2010 16:56:16 -0800</pubDate>
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         <title>September 11 - NEVER FORGET WHY</title>
         <description><![CDATA[<strong><span><strong><span><strong><span>As Published On <br /></span></strong><strong>&rarr; The Out-Lawyer&rsquo;s Blog:</strong><strong><span> </span></strong><a href="http://www.jaygaskill.com/blog1">http://www.jaygaskill.com/blog1</a> <strong><span><br /></span></strong><strong>And<br /></strong><strong><span>The Policy Think Site</span>:</strong>&nbsp;<a href="http://www.jaygaskill.com/">http://www.jaygaskill.com</a> <strong><span><br /></span></strong><strong><span>All contents, unless otherwise indicated are<br /></span></strong><strong><span>Copyright &copy; 2005, 2006, 2007, 2008, 2009 and 2010 by Jay B. Gaskill<br /></span></strong><div><span>Permission to print all or part of this article (except for personal use) is needed. [Permission for use in group discussions is almost always routinely given.]<br /></span><span>Please contact Jay B. Gaskill, attorney at law, via e mail at <a href="mailto:response@jaygaskill.com">law@jaygaskill.com</a> <br /></span><span>PERMISSION TO FORWARD LINKS TO THIS BLOG OR INDIVIDUAL ARTICLES IS HEREBY GIVEN<br /></span></div><span><p>&nbsp;</p></span><span>This reflection and comments is also posted in htm format:<br /></span><span><p>&nbsp;</p></span><span>LINK</span><span> -- <a href="http://www.jaygaskill.com/911NeverForgetWhy.htm">http://www.jaygaskill.com/911NeverForgetWhy.htm</a> <br /></span><span><p>&nbsp;</p></span><span><p>&nbsp;</p></span><span>911: NEVER FORGET WHY<br /></span><span><p>&nbsp;</p><p><span>September 11, 2001</span><span> &amp; </span><span>September 11, 2010</span><span>:<span>&nbsp; </span></span></p></span><p><span><span /></span></p><h4><span><span />The New York Times announced the &ldquo;right way&rdquo; to remember 911.<span>&nbsp; </span><br /></span></h4><span><h4><span>I dissent.<span>&nbsp; </span><br /></span></h4></span><strong><strong><span><p>&nbsp;</p></span><p>&nbsp;</p><div>Excerpt from my notes to myself on <strong>Saturday, September 15, 2001</strong><strong> in </strong><strong>New York</strong><strong> Cty.<br /></strong><strong><p>&nbsp;</p></strong><span>Evil is real.<br /></span><span><span><strong><span>Any moral system that fails to recognize the existence of evil and the imperative for its defeat is like a child with a compromised immune system in a plague.<span>&nbsp; </span>Evil is a recurrent pathogen, an ineradicable feature of the human condition that every age must identify and conquer anew.<br /></span></strong><span><span>The recognition of evil is the beginning of moral obligation.<span>&nbsp; </span>To do less than to recognize and oppose evil with passion, resourcefulness, intelligence and steadfast persistence, is to succumb to it, to participate in it, to allow it to capture the very soul.<br /></span><span><span>God bless </span><span>New York</span><span> and God bless </span><span>America</span><span>.<br /></span><span><strong>Jay B. Gaskill<br /></strong><strong>From 28th and </strong><strong>Madison</strong><strong><br /></strong><strong>Manhattan</strong><strong><br /></strong><p>&nbsp;</p><p>&nbsp;</p><span><p>&nbsp;</p></span><p>&nbsp;</p><p class="MsoNormal">The lead headline on the <strong><em>New York Times</em></strong> editorial page today is, </p><span>&ldquo;</span><span>September 11, 2010</span><span>, The </span><strong><span>Right Way</span></strong><span> to Remember&rdquo;</span>.<span><span>&nbsp; </span><br /></span><p>&nbsp;</p><p class="MsoNormal">The piece under this (dare I say it?) sanctimoniously <strong>arrogant</strong> header (all of the rest of us who were there on that day are now at risk of remembering those events the wrong way?) was predictable: A blend of praise for Mayor Bloomberg&rsquo;s progress with the memorial (after <u>nine</u> years), a slap at Rev. Jones in Florida, and Friday&rsquo;s quote from POTUS, &ldquo;We&rsquo;re not at war with Islam.<span>&nbsp; </span>We&rsquo;re at war with terrorist organizations.&rdquo;<span>&nbsp; </span></p><p>&nbsp;</p><p class="MsoNormal">Mr. Obama&rsquo;s comment, coming from an administration that had earlier privately decreed that its minions and spokes-mouths were <strong><u>not</u></strong> to use the term &ldquo;Terrorism&rdquo; was notable for its tardiness.<span>&nbsp; </span></p><p>&nbsp;</p><p class="MsoNormal">Oh, now there really are <strong>terrorist</strong> organizations? </p><p>&nbsp;</p><p class="MsoNormal">How soon we forget that this administration early on had decided to rename the war on terror as &ldquo;<strong><u>Overseas Contingency Operations</u></strong>&rdquo;<span class="apple-style-span"><span> </span></span>AND that<span class="apple-style-span"><span> </span></span>Mr. Obama&rsquo;s homeland Security Head coined the phrase &ldquo;<strong><u>man caused disaster</u></strong>&rdquo; for terrorist attacks.</p><p>&nbsp;</p><p class="MsoNormal">For a dose of sanity and realism, here is the Department of Defense definition of terrorism, shorn of all the politically correct censorship.</p><p>&nbsp;</p><strong>&ldquo;The calculated use of unlawful violence or threat of unlawful violence to inculcate fear; intended to coerce or to intimidate governments or societies in the pursuit of goals that are generally political, religious, or ideological.&rdquo;<br /></strong><p>&nbsp;</p><p class="MsoNormal">As for me...I own a set of personal memories of September 11, 2001.<span>&nbsp; </span>They were seared into my soul from a stay in Manhattan. This is what I have written my children:</p><p>&nbsp;</p><blockquote><div><p class="MsoNormal">I wish you had been with me.<span>&nbsp; </span>On the night of September 10<sup>th</sup> 2001, I went to sleep in Nathan&rsquo;s Manhattan office, a few hours after we had looked across Government Island at the Manhattan skyline, sipping wine with a classmate<span>&nbsp; </span>We slept in a Murphy bed near a tiny bathroom, about twenty short blocks from the World Trade Center.<span>&nbsp; </span>On Tuesday morning, I woke at 9:07 A.M. </p><p>&nbsp;</p><p class="MsoNormal">Robyn was still asleep as I quietly slipped out of bed, went to the desk chair and tapped on a keyboard.<span>&nbsp; </span>Seconds later, I stared numbly at an odd color image. An airliner had been captured mid-collision, partly inserted in the side of a skyscraper. It was an absurdly tiny image, not more than two inches on my screen. It framed the last horrific moment when most of its passengers were still alive. Evil had paid a call on our most vital city, vividly and obscenely exposing itself.</p><p>&nbsp;</p><p class="MsoNormal">A few minutes away, the second of two airliners had blasted America into a different world. That morning, we would smell and taste the dust of falling buildings. If a moral seismograph existed, this event was a 10. Everywhere we walked over the next few days, the psychological and moral environment had profoundly shifted. </p><p>&nbsp;</p><p class="MsoNormal">Wednesday, we wandered into mid town.<span>&nbsp; </span>By accident, we found a sacred spot.<span>&nbsp; </span>Across from St. Francis Church, a fire wagon, Ladder Truck 24, was parked by its station. The truck, covered in white powder, still piled high on the rear bumper, had become an impromptu shrine for N.Y.F.D.&rsquo;s Chaplain Father Mychael Judge and his fallen comrades.<span>&nbsp; </span></p><p>&nbsp;</p><p class="MsoNormal">I walked around and around that truck, staring at the tracings in the dust. Loving fingers had left benedictions on every surface, like &ldquo;HONOR AND PRAISE TO N.Y.F.D.&rdquo; and<span>&nbsp; </span>&ldquo;WE OWE OUR LIVES TO YOU 9-11-01.&rdquo; The American flag was draped across the ladder. Candles and photos adorned the hood and grillwork of the truck.<span>&nbsp; </span>A large black and white photo of Father Mychael leaned against the fire station doorway. The station was nearly empty; two solemn men stood watch in the doorway.</p><p>&nbsp;</p><p class="MsoNormal">For the next week, among the floating grief and shock, we encountered countless other sacred spaces, in doorways, shop windows, on a block long unrolled scroll of butcher paper in Union Square, where a solemn little girl sat, writing...<span>&nbsp; </span></p><p>&nbsp;</p><p class="MsoNormal">This is what I e-mailed you on September 12:</p><p>&nbsp;</p>&ldquo;<em>Evil is real.<br /></em><p>&nbsp;</p><p class="MsoNormal">&ldquo;<em>Tuesday morning it came to this city, near the </em><em>Manhattan</em><em> apartment where we are staying.<span>&nbsp; </span>Evil announced itself in a succession of grotesquely unreal images, and a monumental murder</em>. </p><p>&nbsp;</p><p class="MsoNormal">&ldquo;<em><u>Good is real</u>.<span>&nbsp; </span>The last few days here have renewed my belief in the human capacity for heroism and virtue under duress.<span>&nbsp; </span>It is an honor to be among the New Yorkers.<span>&nbsp; </span>I wouldn&rsquo;t be anywhere else right now</em>.</p><p>&nbsp;</p><p class="MsoNormal">&ldquo;<em>Evil has too often been excused or ignored or defined away.<span>&nbsp; </span>Yet it returns<span>&nbsp; </span>like a night flare on a battlefield, illuminating the configuration of forces.<span>&nbsp; </span>That terrible light clarifies everything.<span>&nbsp;&nbsp; </span>In its actinic glare, all the differences among the good melt into insignificance</em>.&rdquo;</p><p>&nbsp;</p>When our plane finally roared down the runway at JFK; the images of the candles and photos in Union Square and the vivid memory of Ladder Truck 24 were heavy in my mind.<span>&nbsp; </span>As I looked out the window, I imagined a huge series of concentric circles surrounding Manhattan.<span>&nbsp; </span>Somewhere, there is a zone outside the last circle. <em>Some people have not been changed by this. <br /></em><p>&nbsp;</p><p class="MsoNormal">How many would remain trapped in their comfortable moral relativism, living out an empty ethos of political correctness?<span>&nbsp; </span>I thought of the hollow sophisticates for whom evil and good were archaic ideas.<span>&nbsp; </span>I saw them in their comfortable places, waiting out the rage and tears of the &ldquo;common people&rdquo; with patronizing superiority. I could see them, anchored like prehistoric flies in amber, peering out, unaware of their confinement.<span>&nbsp; </span><em>How did they not feel trapped?<span>&nbsp; </span></em>How could anyone have experienced <em>this</em> without being changed?</p><p>&nbsp;</p>On September 11, 2001, most of us, for that moment, became New Yorkers.<span>&nbsp; </span>In that descending actinic glare, the night flare on a new battlefield, we glimpsed a new truth; we found a new resolve, and a renewed sense of purpose. But, when not anchored in deep belief, these moments of moral purpose are transient.<em><span>&nbsp; </span></em>I wondered: <em>How long can this last?<br /></em></div></blockquote><p>&nbsp;</p><p align="center">[][][]</p><p class="MsoNormal">So this is why I find today&rsquo;s New York Times header so profoundly insulting.<span>&nbsp; </span>The &ldquo;right&rdquo; way to remember a major Evil Event is to remember the truth...and its implications.<span>&nbsp; </span></p><p>&nbsp;</p><p class="MsoNormal">The Jihad was a declaration of war against the modern world by a virulent ideology embedded in a major world religion.<span>&nbsp; </span>The USA was selected as the linchpin target, the big infidel domino that would prompt a chain reaction of collapse.<span>&nbsp; </span>Our subsequent actions and reactions have all taken place in that searing context. </p><p>&nbsp;</p><p class="MsoNormal">The recognition of evil is the beginning of moral obligation.<span>&nbsp; </span>To do less than to recognize and oppose evil with passion, resourcefulness, intelligence and steadfast persistence, is to succumb to it, to participate in it, to allow it to capture the very soul.</p><p>&nbsp;</p><p class="MsoNormal">God bless New York and God bless America.</p><p>&nbsp;</p><p>&nbsp;</p><p class="MsoNormal">JBG</p><p>&nbsp;</p><div><span>Jay B Gaskill is a </span><span>California</span><span> lawyer who served as the Alameda County Public defender before her left his &ldquo;life of crime&rdquo; to devote full time to writing.<span>&nbsp; </span>His profile is posted at <a href="http://www.jaygaskill.com/Profile.pdf">www.jaygaskill.com/Profile.pdf</a> . <br /></span></div><span><span>Books by Jay B Gaskill currently available:<br /></span><span><span>The Lost Souls Coffee Shop</span><span> is an allegory for the human condition.<span>&nbsp; </span><br /></span><span>The Stranded Ones is </span><span>a near-future novel about a potential Armageddon-scale &ldquo;immigration&rdquo; problem.<span>&nbsp; </span><strong>Hint:<span>&nbsp; </span>They&rsquo;re not from around here</strong>.<span>&nbsp; </span><br /></span><span><p>&nbsp;</p></span><span>Both books are sold as e-books by Amazon, Barnes and Noble, </span><span>ireadiwrite </span><span>Publishing and 10 other on-line book retailers.<span>&nbsp; </span>To locate a vendor, Google &ldquo;Jay B Gaskill&rdquo; and the book&rsquo;s title. <br /></span><span><p>&nbsp;</p></span><span>Two </span><strong><span>*****</span></strong><span> Reviews of &ldquo;The Stranded Ones&rdquo; are available on Amazon at &ndash; <br /></span><a href="http://www.amazon.com/The-Stranded-Ones-ebook/product-reviews/B002YQ2IN0/ref=dp_top_cm_cr_acr_txt?ie=UTF8&amp;showViewpoints=1">http://www.amazon.com/The-Stranded-Ones-ebook/product-reviews/B002YQ2IN0/ref=dp_top_cm_cr_acr_txt?ie=UTF8&amp;showViewpoints=1</a> <span><br /></span><p>&nbsp;</p><p>&nbsp;</p></span></span></span></span></span></span></span></div>.</strong> &nbsp; .</strong></span></strong></span></strong> &nbsp; .]]></description>
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         <pubDate>Sat, 11 Sep 2010 09:05:50 -0800</pubDate>
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         <title>Rahm to Jump, Ship POTUS Sinking</title>
         <description><![CDATA[<strong><span>The Policy Think Site: </span></strong><strong><span><a href="http://www.jaygaskill.com/">http://www.jaygaskill.com</a></span></strong><strong><span><span>&nbsp;&nbsp; </span></span></strong><span>&nbsp;</span><strong><span><br /></span></strong><strong><span>As Posted On <br /></span></strong><strong><span>The Out-Lawyer&rsquo;s Blog:</span></strong><strong><span>&nbsp;</span></strong><strong><span><a href="http://www.jaygaskill.com/blog1">http://www.jaygaskill.com/blog1</a> </span></strong><strong><span><span>&nbsp;&nbsp;</span><br /></span></strong><strong><span>The Human Conspiracy Blog: </span></strong><strong><span><a href="http://www.jaygaskill.com/blog3">http://www.jaygaskill.com/blog3</a></span></strong><strong><span><span>&nbsp; </span><span><br /></span></span></strong><strong><span><strong><span>All contents, unless otherwise indicated are --<br /></span></strong><strong><span>Copyright &copy; 2003, 2004, 2005, 2006, 2007, 2008, 2009 &amp; 2010 by Jay B. Gaskill<br /></span></strong><span>Permission to publish, distribute or print all or part of this article - except for personal use - is needed. <br /></span><strong><span>Forwarded links are welcomed.</span></strong><span><br /></span><strong><span>Contact Jay B. Gaskill, attorney at law, via e mail at </span></strong><strong><span><a href="mailto:response@jaygaskill.com">law@jaygaskill.com</a> <br /></span></strong><p class="MsoNormal"><span>&nbsp;</span><span><span>&nbsp;</span></span></p><strong><p>&nbsp;</p></strong><strong>RAHM TO JUMP SHIP as POTUS SINKS.<br /></strong><p>&nbsp;</p><p class="MsoNormal">I note that all the rumors we&rsquo;ve been hearing to the effect that Mr. Obama&rsquo;s Chief of Staff, Rahm Emanuel, will be jumping ship soon, <strong>have been confirmed</strong>.<span>&nbsp; </span></p><p>&nbsp;</p><p class="MsoNormal">As if a miracle opportunity arrived just in time to save face for his weak-on-Israel boss, the position of Mayor of Chicago magically has opened up for Mr. Emanuel.<span>&nbsp; </span>Clearly, this is too good for Rahm to pass up.<span>&nbsp; </span></p><p>&nbsp;</p><p class="MsoNormal">The reality is that any port in a storm beats sinking into the briny deep with this lame-but-dangerous-duck president.<span>&nbsp; </span>Obama is quickly becoming the highly charged third rail of American politics.<span>&nbsp; </span>[A prediction: This president&rsquo;s favorable poll numbers will drop below 40% - at least in one major poll &ndash; before the end of the year.]</p><p>&nbsp;</p><p class="MsoNormal">As to Rahm&rsquo;s fate - check this out: <a href="http://thecaucus.blogs.nytimes.com/2010/09/09/obama-says-emanuel-would-be-excellent-mayor/?partner=rss&amp;emc=rss">http://thecaucus.blogs.nytimes.com/2010/09/09/obama-says-emanuel-would-be-excellent-mayor/?partner=rss&amp;emc=rss</a></p><p>&nbsp;</p><strong>The Pull Quote: <br /></strong><p>&nbsp;</p><blockquote><p class="MsoNormal">&ldquo;&rsquo;My expectation is he&rsquo;d make a decision after these midterm elections,&rdquo; Mr. Obama told ABC&rsquo;s <strong><em>Good Morning America</em></strong>. &ldquo;He knows we&rsquo;ve got a lot of work to do.&rdquo;<br /><br />&ldquo;The time frame suggested by the president may be at odds with the pace of the rapidly unfolding campaign in Chicago. The field is quickly expanding with potential candidates who see a rare vacancy at Chicago&rsquo;s City Hall after Mayor Richard M. Daley announced that he would not run for a seventh term.&rdquo;</p></blockquote><p>&nbsp;</p><p class="MsoNormal"><strong>ALSO NOTE</strong>: </p><p>&nbsp;</p><p class="MsoNormal">Per today&rsquo;s (September 8) Rasmussen Poll:</p><p>&nbsp;</p><p class="MsoNormal">&ldquo;Most Americans remain willing to help defend only five other countries in the world militarily, according to a new Rasmussen Reports.&nbsp;</p><p>&nbsp;</p><p class="MsoNormal">&ldquo;<strong>Canada</strong> leads the list of 18 countries regularly in the news when Americans are asked whether the United States should provide military assistance to that country if it is attacked.</p><p>&nbsp;</p><p class="MsoNormal">&ldquo;The other four &ndash; in order &ndash; are <strong>Great Britain</strong>, <strong>Israel</strong>, <strong>Germany</strong> and <strong>Mexico</strong>. The level of support is basically unchanged from last year&rsquo;s survey with the exception of Mexico for which support is down slightly.&rdquo;</p><p>&nbsp;</p><p class="MsoNormal">Link:</p><p class="MsoNormal"><a href="http://www.rasmussenreports.com/public_content/politics/current_events/ally_enemy/most_americans_name_just_five_countries_that_u_s_should_defend_militarily">http://www.rasmussenreports.com/public_content/politics/current_events/ally_enemy/most_americans_name_just_five_countries_that_u_s_should_defend_militarily</a></p><p>&nbsp;</p><p class="MsoNormal">Query:<span>&nbsp; </span><strong>Is POTUS on board with &ldquo;Most Americans&rdquo;?</strong></p><p>&nbsp;</p><p class="MsoNormal">No further comment seems necessary.</p><p>&nbsp;</p><strong>JBG<br /></strong><p>&nbsp;</p><p align="center" class="MsoNormal">[][][]</p><p>&nbsp;</p><p>&nbsp;</p><div><span>Jay B Gaskill is a </span><span>California</span><span> lawyer who served as the Alameda County Public defender before her left his &ldquo;life of crime&rdquo; to devote full time to writing.<span>&nbsp; </span>His profile is posted at <a href="http://www.jaygaskill.com/Profile.pdf">www.jaygaskill.com/Profile.pdf</a> . <br /></span></div><span><span>Books by Jay B Gaskill currently available:<br /></span><span><span>The Lost Souls Coffee Shop</span><span> is an allegory for the human condition. <span>&nbsp;</span><br /></span><span>The Stranded Ones is </span><span>a near-future novel about a potential Armageddon-scale &ldquo;immigration&rdquo; problem.<span>&nbsp; </span><strong>Hint:<span>&nbsp; </span>They&rsquo;re not from around here</strong>.<span>&nbsp; </span><br /></span><span><p>&nbsp;</p></span><span>Both books are sold as e-books by Amazon, Barnes and Noble, </span><span>ireadiwrite </span><span>Publishing and 10 other on-line book retailers.<span>&nbsp; </span>To locate a vendor, Google &ldquo;Jay B Gaskill&rdquo; and the book&rsquo;s title. <br /></span><span><p>&nbsp;</p></span><span>Two </span><strong><span>*****</span></strong><span> Reviews of &ldquo;The Stranded Ones&rdquo; are available on Amazon at &ndash; <br /></span><a href="http://www.amazon.com/The-Stranded-Ones-ebook/product-reviews/B002YQ2IN0/ref=dp_top_cm_cr_acr_txt?ie=UTF8&amp;showViewpoints=1">http://www.amazon.com/The-Stranded-Ones-ebook/product-reviews/B002YQ2IN0/ref=dp_top_cm_cr_acr_txt?ie=UTF8&amp;showViewpoints=1</a><br /><p>&nbsp;</p><p>&nbsp;</p></span></span></span></strong>]]></description>
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         <pubDate>Thu, 09 Sep 2010 10:25:45 -0800</pubDate>
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         <title>DETECTING MODERATE ISLAM</title>
         <description><![CDATA[<p>&nbsp;</p><span>The Policy Think Site: </span><span><a href="http://www.jaygaskill.com/">http://www.jaygaskill.com</a></span><span><span>&nbsp;&nbsp; </span></span><span>&nbsp;</span><span><br /></span><span>As Posted On <br /></span><strong><span>The Out-Lawyer&rsquo;s Blog:</span></strong><strong><span>&nbsp;</span></strong><strong><span><a href="http://www.jaygaskill.com/blog1">http://www.jaygaskill.com/blog1</a> </span></strong><strong><span><span>&nbsp;&nbsp;</span><br /></span></strong><strong><span>The Human Conspiracy Blog: </span></strong><strong><span><a href="http://www.jaygaskill.com/blog3">http://www.jaygaskill.com/blog3</a></span></strong><strong><span><span>&nbsp; </span><span><br /></span></span></strong><strong><span><strong><span>All contents, unless otherwise indicated are --<br /></span></strong><strong><span>Copyright &copy; 2003, 2004, 2005, 2006, 2007, 2008, 2009 &amp; 2010 by Jay B. Gaskill<br /></span></strong><span>Permission to publish, distribute or print all or part of this article - except for personal use - is needed. <br /></span><strong><span>Forwarded links are welcomed.</span></strong><span><br /></span><strong><span>Contact Jay B. Gaskill, attorney at law, via e mail at </span></strong><strong><span><a href="mailto:response@jaygaskill.com">law@jaygaskill.com</a> <br /></span></strong><p>&nbsp;</p><p>&nbsp;</p><p>&nbsp;</p><div><p class="MsoNormal">Read also, &ldquo;<span>The Manhattan Mosque Incident</span>&rdquo; where the real issue - security, not &ldquo;religious freedom&rdquo; - is identified.<span>&nbsp; </span>Here is that link:</p><span><a href="http://jaygaskill.com/TheManhattanMosqueIncident.htm">http://www.jaygaskill.com/TheManhattanMosqueIncident.htm</a><br /></span></div><span><p>&nbsp;</p></span><span>This article is also posted at <a href="http://www.jaygaskill.com/DetectingModerateIslam.htm">http://www.jaygaskill.com/DetectingModerateIslam.htm</a><span>&nbsp; </span><br /></span><p>&nbsp;</p><span><p>&nbsp;</p></span><span>DETECTING MODERATE ISLAM<br /></span><p class="MsoNormal">A Reflection by</p><p class="MsoNormal">Jay B Gaskill, Attorney at Law</p><p>&nbsp;</p><p class="MsoNormal">What would a moderate Nazi look and talk like, say, in 1944?<span>&nbsp; </span></p><p>&nbsp;</p><p class="MsoNormal">To ask the question is to answer it.<span>&nbsp; </span>We&rsquo;ll never know because anyone who did that, actually broke with Nazism, and was quietly arrested and sent to a camp from which he or she never emerged.</p><p>&nbsp;</p><p class="MsoNormal">Now, consider how much a member of France&rsquo;s Vichy government in German-occupied Berlin could afford to say, even in private?<span>&nbsp; </span>And ask yourself whether you could ever really trust whatever was said, even in private....</p><p>&nbsp;</p><p class="MsoNormal">The deadly reach of radical, militant Islam is worldwide.<span>&nbsp; </span>This is why every follower of Islam, however &ldquo;moderate&rdquo;, is apt to behave like a member of the Vichy government during the high water mark of the Nazi occupation. </p><p>&nbsp;</p><p align="center" class="MsoNormal">[ <a href="http://www.bbc.co.uk/history/worldwars/genocide/jewish_deportation_01.shtml">http://www.bbc.co.uk/history/worldwars/genocide/jewish_deportation_01.shtml</a> ]</p><p>&nbsp;</p><p class="MsoNormal">Recall, if you will, that the Vichy government actively participated in the rounding up and delivery to Auschwitz and other German camps of at least 75 thousand Jews, of whom fewer than 2,000 survived.<span>&nbsp; </span>You will not find a list of Vichy government members who actively protested these murders, let alone the complicity of the French government.</p><p>&nbsp;</p><strong>From this historical frame of reference, moderate Islam is a meaningless construct unless and until moderates consistently self-identify by a courageous public differentiation from the radicals.<span>&nbsp; </span>Courage is needed because this must be a move the authenticity of which will leave no daylight between one&rsquo;s public and private positions.<br /></strong><p>&nbsp;</p><strong>THE LEFT&rsquo;S ACCOMMODATION OF </strong><strong>FAUX</strong><strong> MODERATES<br /></strong><p>&nbsp;</p><p class="MsoNormal">The American left has tacitly adopted a less rigorous, more self-serving test.<span>&nbsp;&nbsp; </span>In a bizarre amalgam of ideologically saturated perception and staggering na&iuml;vet&eacute;, the left tends to apply the label of moderate Islam to any Muslim public figure who articulates the left-wing&rsquo;s critique of America as the world&rsquo;s overweening hegemonic power, while remaining silent about everything else, including the virulent anti-Semitism and violent jihadist ambitions of their co-religionists.</p><p>&nbsp;</p><p class="MsoNormal">This has opened the door to the cynical manipulation of the American left by the American political experts who advise the jihad&rsquo;s terror-central.<span>&nbsp; </span>Al-Qaeda&rsquo;s public statements and those of other radical Islamist spokesman almost always play to the left&rsquo;s biases.</p><p>&nbsp;</p><p class="MsoNormal">&ldquo;We destroyed the World Trade Center and the Pentagon and Allah ordered us to... punish everyone who stands alongside (US President George W.) Bush.&rdquo;</p><strong>Al Qaeda<br /></strong><p>&nbsp;</p><p class="MsoNormal">&ldquo;The U.S. is leading the war against terrorism, which in reality is a war against Islam. Its army is directly invading two Muslim countries and indirectly occupying the rest through its stooges. The heroic act of brother Nidal (hasan, the fort hood shooter) also shows the dilemma of the Muslim American community. Increasingly, they are being cornered into taking stances that would either make them betray Islam or betray their nation.&rdquo;</p><strong>Anwar al-Awlaki<br /></strong><p>&nbsp;</p><strong>GROUND ZERO BLINDNESS<br /></strong><p>&nbsp;</p><p class="MsoNormal">Enter the Imam behind the Ground Zero Islamic center/mosque project.<span>&nbsp; </span></p><p>&nbsp;</p><strong><em>&ldquo;We tend to forget, in the West, that the </em></strong><strong><em>United States</em></strong><strong><em> has more Muslim blood on its hands than al-Qaeda has on its hands of innocent non Muslims.&rdquo; <br /></em></strong><p>&nbsp;</p><strong>Feisal Abdul Rauf in 2005. <br /></strong><p>&nbsp;</p><span class="apple-style-span"><strong><em><span>Q: &ldquo;Are you arguing, or am I misunderstanding you, that the slaps on the face, to use your term, from the Muslim world to the West, are all reactive to things that the West has done?&rdquo; </span></em></strong></span><strong><em><span><br /><br /><br /></span></em></strong><strong><em><span>A: <span class="apple-style-span">&ldquo;Predominantly, because the West is the global superpower. . . . It&rsquo;s the more powerful party in the relationship which sets the tone of the relationship.... In terms of specific conflict, specific issues that have resulted in specific actions within recent history, those have to be tied in to the perceptions which were created around what people were actually reacting to at that given point in time.&rdquo;<br /></span></span></em></strong><span class="apple-style-span"><em><span><p>&nbsp;</p></span></em></span><strong>Feisal Abdul Rauf in 2008. <br /></strong><p>&nbsp;</p><p class="MsoNormal">This imam has been as cautious in criticizing militant Islam as a typical member of the Vichy government was in condemning the Nazi holocaust.<span>&nbsp; </span></p><p>&nbsp;</p><span><span>THE MODERATE ISLAM LITMUS TEST<br /></span><p>&nbsp;</p><p class="MsoNormal">Here&rsquo;s the deal.<span>&nbsp; </span>We need to define moderate Islam in terms of the prevailing ethos against which radical Islam is at war:<span>&nbsp; </span>Western liberal civilization.</p><p>&nbsp;</p><p class="MsoNormal">Moderate Islam needs to explicitly honor and support <strong><u>at least</u></strong> the five core elements of the social compact that define Western liberal civilization and to commit to respect the boundaries of loyalty to its health and survival, to wit:</p><p>&nbsp;</p><p class="MsoNormal">One:</p><p class="MsoNormal">Robust protections for free expression.</p><p>&nbsp;</p><p class="MsoNormal">Two:</p><p class="MsoNormal">A clear, juridical and practical separation of the authority structures (and canonical demands) of religious institutions from the regular, established institutions of secular government (in plain terms - Sharia &ldquo;Law&rdquo; is demoted to a religious practice, unenforceable by statutory law or private violence);</p><p>&nbsp;</p><p class="MsoNormal">Three:</p><p class="MsoNormal">No subjugation or violent retribution&nbsp;OR control of individuals (i.e., women. &ldquo;infidels&rdquo;. or anyone else singled out on religious grounds) whether through legal practice or the tolerance of violence or intimidation;</p><p>&nbsp;</p><p class="MsoNormal">Four</p><p class="MsoNormal">Free religious expression, worship and practice, so long these are effectively consistent with 1, 2 and 3;</p><p>&nbsp;</p><p class="MsoNormal">Five</p><p class="MsoNormal">The use of violence, terror and intimidation to undermine the social order is to be actively condemned and opposed whatever its source (i.e., loyalty to the national social compact trumps any fatwa or religious edict).</p><p>&nbsp;</p><strong><p>&nbsp;</p></strong><strong>WAITING FOR REFORMATION<br /></strong><p>&nbsp;</p><p class="MsoNormal">The prevalent Western religions have all undergone a reformation.<span>&nbsp; </span>With the historically brief exception of a worldly, secular phase 929-1009, under the reign of a single Caliph, Abd-al Rahman III in Cordoba, Spain, Islam is still locked in a fierce medieval rigidity.</p><p>&nbsp;</p><p class="MsoNormal">Moderate Islam still awaits a moderate theology. Meantime, the world&rsquo;s moderate Muslims are silently embedded in a larger group of believers to a degree that we in the secular and reformed-religious West should be forgiven for our inability to separate the two.<span>&nbsp; </span></p><p>&nbsp;</p><p class="MsoNormal">In the meantime, many partly-secular Muslims live quiet, law-abiding lives among us, still conflicted and troubled by the many tensions and constrictions between scripture and modernity.</p><p>&nbsp;</p><p class="MsoNormal">We in the West will not be the authors of the religious reformation for a faith that commands more than one billion adherents world-wide.<span>&nbsp; </span>What we can and must accomplish is something more modest and ultimately more important:<span>&nbsp; </span><strong>to successfully defend our civilization in the meantime.</strong></p><p>&nbsp;</p><p>&nbsp;</p><p class="MsoNormal">JBG</p><p>&nbsp;</p><p>&nbsp;</p><p>&nbsp;</p><p>&nbsp;</p><p>&nbsp;</p></span></span></strong>]]></description>
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         <pubDate>Wed, 25 Aug 2010 12:29:30 -0800</pubDate>
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         <title>Who IS Obama?</title>
         <description><![CDATA[<strong><span>As Published On <br /></span></strong><strong>&rarr; The Out-Lawyer&rsquo;s Blog:</strong><strong><span> </span></strong><a href="http://www.jaygaskill.com/blog1">http://www.jaygaskill.com/blog1</a> <strong><span><br /></span></strong><strong>And<br /></strong><strong><span>The Policy Think Site</span>:</strong>&nbsp;<a href="http://www.jaygaskill.com/">http://www.jaygaskill.com</a> <strong><span><br /></span></strong><strong><span>All contents, unless otherwise indicated are<br /></span></strong><strong><span>Copyright &copy; 2005, 2006, 2007, 2008, 2009 and 2010 by Jay B. Gaskill<br /></span></strong><div><span>Permission to print all or part of this article (except for personal use) is needed. [Permission for use in group discussions is almost always routinely given.]<br /></span><span>Please contact Jay B. Gaskill, attorney at law, via e mail at <a href="mailto:response@jaygaskill.com">law@jaygaskill.com</a> <br /></span><span>PERMISSION TO FORWARD LINKS TO THIS BLOG OR INDIVIDUAL ARTICLES IS HEREBY GIVEN<br /></span></div><strong><span><p>&nbsp;</p></span></strong><strong><span>This article is also posted at -- </span></strong><a href="http://jaygaskill.com/WhoIsObama.htm">http://www.jaygaskill.com/WhoIsObama.htm</a><strong><span><br /></span></strong><strong><span><p>&nbsp;</p></span></strong><strong><span>THE PRESIDENTIAL VIRUS 2010<br /></span></strong><p>&nbsp;</p><p class="MsoNormal">&ldquo;I began by telling the president that there was a cancer growing on the presidency and that if the cancer was not removed the president himself would be killed by it.&rdquo;</p><p>&nbsp;</p><p class="MsoNormal">John Dean, speaking of Richard Nixon&nbsp;<br /><br /></p><span><p>&nbsp;</p></span><span><p>&nbsp;</p></span><span>Who <u>is</u> Obama?<br /></span><p>&nbsp;</p><p class="MsoNormal">There appear to be at least four versions of Mr. Obama, each of which is competing for our collective sense of reality, for the dominant media narrative, possibly for Obama's soul, and &ndash; ultimately - for the verdict of history.<span>&nbsp; </span></p><p>&nbsp;</p><p class="MsoNormal">We have to cut our new president a little slack here, of course.<span>&nbsp; </span>It is not remarkable when any new president loses ground in the polls.<span>&nbsp; </span>The mere transition from the poetry of the campaign to the prose of governance<a name="_ftnref1"></a><span class="MsoFootnoteReference"><span><span class="MsoFootnoteReference"><span>[1]</span></span></span></span> is enough to erode popular support.<span>&nbsp;&nbsp; </span>Of course, that didn&rsquo;t happen with Eisenhower, but then he never sold himself as a poet in the first place. </p><p>&nbsp;</p><p class="MsoNormal">Certainly, no president is likely to hold an adulatory electorate in thrall while facing a global financial crisis, a major and seemingly intractable recession, new terrorist probings of our homeland, an environmental calamity perilously close to our shores and a floundering war against the Taliban in Afghanistan - the former state sponsors of the 911 attacks, now resurgent.<span>&nbsp; </span></p><p>&nbsp;</p><p class="MsoNormal">The truly great presidents can call on a reservoir of trust, an earned respect for general competence and real-world savvy.<span>&nbsp;&nbsp; </span></p><p>&nbsp;</p><p class="MsoNormal">It is painfully clear that something entirely different is at work here.<span>&nbsp; </span>In some ways, this is the <strong><em>strangest</em></strong> president in living memory.<span>&nbsp; </span>Moreover, the enigma surrounding Mr. Obama&rsquo;s persona only increases, as do the essential doubts about his deeper character.</p><p>&nbsp;</p><p class="MsoNormal">Who <strong><u>is</u></strong> this man in the White House, <strong><u>really</u></strong>? We can fill the blanks with our personal impressions, but a difficult thing needs to be acknowledged: </p><p>&nbsp;</p><p class="MsoNormal">The trust question has started to gnaw at the electorate.<span>&nbsp; </span>That gnawing sound in the background is the Presidential Virus.<span>&nbsp; </span></p><p>&nbsp;</p><span>The Post Messiah Obama<br /></span><p>&nbsp;</p><p class="MsoNormal">As we acknowledge the collapse of the notion that we have elected the messiah, four &ldquo;versions&rdquo; of this president remain in play.</p><p>&nbsp;</p><p align="center" class="MsoNormal">[1]</p><p class="MsoNormal"><strong>Obama, as the decent liberal-minded young man</strong>, with some moderate instincts:<span>&nbsp; </span>This is the character&nbsp;that fate has surrounded - it appears - with naive, left-minded advisors, who currently have his ear.</p><p>&nbsp;</p><p align="center" class="MsoNormal">[2]</p><p class="MsoNormal"><strong>Obama, as the ambitious,&nbsp;narcissistic&nbsp;chameleon</strong>, enthralled with the grandiose gesture:<span>&nbsp; </span>This character is surrounded by&nbsp;sycophantic advisors, a man addicted to praise and greatly irritated when the mirror of Narcissus reveals something unpleasant about himself or his agenda.</p><p>&nbsp;</p><p align="center" class="MsoNormal">[3]</p><p class="MsoNormal"><strong>Obama, as the closet arch-leftist</strong> (as distinguished from a humanitarian liberal, like, say, Hubert Humphrey):<span>&nbsp; </span>This is a man whose political world-view was formed by unreconstructed 60&rsquo;s radicals and hip, anti-Semitic blacks. This is Obama as the dangerous political genius whose&nbsp;ideological&nbsp;commitment may lead him to be content with a consequential first term &amp; damn the majority of voters who &ldquo;just don&rsquo;t get it.&rdquo; This is the picture of someone&nbsp;bright and manipulative enough to feint to the center when necessary to &ldquo;get things done&rdquo;, then reverts to form.</p><p>&nbsp;</p><p align="center" class="MsoNormal">[4]</p><p class="MsoNormal"><strong>Obama, as the political lightweight:<span>&nbsp; </span></strong>This is the minor, first term Illinois senator whose ascent to power was a surprise even to him, whose un-preparedness for the supreme national executive position was revealed by lengthy and tortured decision times, by a growing gap between glib rhetoric and results.<span>&nbsp; </span>This is a leader who &ndash; when pressed by events and critics &ndash; often becomes prickly, pedantic and professorial. &nbsp; &nbsp;</p><p>&nbsp;</p><p class="MsoNormal">Am I really being unfair here?<span>&nbsp; </span>There is still no definitive answer to the &ldquo;Who is this man?&rdquo; question.<span>&nbsp; </span>Because of that lacunae, contrasting, say, with the larger-than-life characters of FDR and Reagan, Mr. Obama&rsquo;s image remains in flux...even (dare we acknowledge it?) turmoil.<span>&nbsp; </span>More troubling to his early supporters and eager coattailers, the trend is relentlessly down.<span>&nbsp; </span>And even more troubling, the trend is driven by growing disillusionment and <strong>increasing distrust</strong>.</p><p>&nbsp;</p><p class="MsoNormal">In conversations with liberal friends, I&rsquo;ve often advanced the first view of Obama (as the decent idealist, needing more practical advisors), in order to point out that Mr. Obama&rsquo;s presidency now hinges on the benign effects of an emerging strong counter-force.<span>&nbsp; </span>After all, Bill Clinton&rsquo;s second term actually benefited from &ldquo;triangulation&rdquo; (accommodation with the center), made necessary after the GOP took the congress.</p><p>&nbsp;</p><p class="MsoNormal">But in my most realistic moments, the third version (Obama as a closet arch-leftist) has proved almost perfectly predictive.<span>&nbsp;&nbsp; </span>Moreover, in those moments of crisis that require decisive presidential leadership, the Obama 4.0 (out-of-depth lightweight) is spot on.<span>&nbsp; </span>Whenever this president is placed on the defensive, especially in his immediate reaction to political challenges, Obama 2.0 (the grandiose narcissist) emerges.<span>&nbsp; </span>Could it be that the real Obama is a shifting amalgam of all four?&nbsp;&nbsp;</p><p>&nbsp;</p><p class="MsoNormal">But the important pending question is this:<span>&nbsp; </span>Just how much on-the-job growth can we reasonably expect of this president?<span>&nbsp; </span>Jimmie Carter clung to his received wisdom with a stubborn righteousness bordering on folly.<span>&nbsp; </span>JFK was chagrined by his mistakes, learned from them and regained his balance.<span>&nbsp; </span>Harry Truman, having been ill prepared by FDR, was thrust into a series of grave crises, but drew on his tough prairie character, his keen instincts for negotiations, a humble awe for the magnitude of the office he had not sought, and became the tough, indefatigable student who grew stronger and smarter with each challenge.</p><p>&nbsp;</p><p class="MsoNormal">From my distance, I can see nothing of these leaders in our new president.<span>&nbsp; </span>Our best hope lies in the emergence of Obama 5.0 or 6.0:</p><span /><span><p align="center" class="MsoNormal">[5]</p><p class="MsoNormal"><strong>Obama as the humble, adaptable patriot</strong>: This is a conscientious leader, not obsessed with his image, willing to live with his mistakes, eager to learn from them, actually and actively seeking out and listening to and actively considering advice outside his ideological and social circle.</p><p>&nbsp;</p><p align="center" class="MsoNormal">[6]</p><p class="MsoNormal"><strong>Obama as the neo-populist chameleon</strong>, pledged to build the successful American nation that most voters want on the terms that most voters expect:<span>&nbsp; </span>This is a political survivor with a deep respect for the populist currents now afoot, willing to break with the elites in both parties as necessary to restore American as a preeminent world economic and military power.</p><p>&nbsp;</p><p class="MsoNormal">To state the problem and its solutions is to repeat the obvious:<span>&nbsp; </span>Because this president&rsquo;s surface image is tightly managed, nothing authentic has leaked out that would suggest that there is any serious internal policy debate, let alone presidential soul searching, nothing in other words, that offers any hope in a significant change of direction.<span>&nbsp; </span></p><p>&nbsp;</p><p class="MsoNormal">And to return to my earlier, &ldquo;cancer on the presidency&rdquo; theme, the ongoing collapse of popular trust may be so irreversible that Mr. Obama will feel he has trapped himself in a publicity construct and policy course of his own making.<span>&nbsp; </span>To change course (from his perspective, at least) would only make matters worse...<strong><em>for his image</em></strong>.<span>&nbsp; </span></p><p>&nbsp;</p><p class="MsoNormal">To put the problem starkly, the image is the thing:<span>&nbsp; </span>Narcissus of Thespiae lived in and for his own pool-reflected image, unable to see reality.<span>&nbsp;&nbsp; </span>In the Greek myth, Narcissus never recovered.<span>&nbsp; </span></p><p>&nbsp;</p><span>Groundhog Season<br /></span><p>&nbsp;</p><p class="MsoNormal">If this POTUS is to reconnect with reality and regain the capacity of balanced and popular leadership, the first sign will be manifest by what sort of Obama emerges during the so called &ldquo;rogue duck&rdquo; congress window, the time after the current democratic majority is routed on November 2 and the swearing-in of the next, more conservative congress in January 3, 2011.<span>&nbsp;&nbsp; </span>If the old Mr. Obama pops out of the hole to encourage and sign more unpopular &ldquo;last chance&rdquo; legislation during that period, that act alone will tellus that Narcissus has not recovered and probably will not recover.<span>&nbsp; </span></p><p>&nbsp;</p><p class="MsoNormal">But if Mr. Obama discourages and refuses to sign any &ldquo;rogue duck&rdquo; legislation, there will be real hope for the emergence of Obama 5.0 or 6.0 during the fateful last two years of his term in office.</p><p>&nbsp;</p><strong>Stay tuned.<br /></strong><strong><p>&nbsp;</p></strong><strong>JBG<br /></strong><strong><p>&nbsp;</p></strong><div><strong><p>&nbsp;</p></strong><strong><p>&nbsp;</p></strong><strong>The author is a </strong><strong>California</strong><strong> attorney who served as the alameda </strong><strong>county</strong><strong> </strong><strong>Public defender</strong><strong> 1989-1999 but gave up his &lsquo;life of crime&rdquo; for full time writing.<span>&nbsp; </span><br /></strong><strong><p>&nbsp;</p></strong><strong>His profile is posted at <a href="http://www.jaygaskill.com/Profile.pdf">www.jaygaskill.com/Profile.pdf</a> <br /></strong></div><strong><p>&nbsp;</p></strong><span>Fans of Jay B Gaskill have praised his </span><span>Lost Souls Coffee Shop</span><span>, an allegory for the human condition...and </span><span>The Stranded Ones, </span><span>a near-future novel about a potential Armageddon-scale &ldquo;immigration&rdquo; problem.<span>&nbsp; </span><strong>Hint:<span>&nbsp; </span>They&rsquo;re not from around here</strong>.<span>&nbsp; </span>Both books are sold as e-books by Amazon, Barnes and Noble, </span><span>ireadiwrite </span><span>Publishing and 10 other on-line book retailers.<span>&nbsp; </span>Just Google &ldquo;Jay B Gaskill&rdquo; and the book&rsquo;s title.<span>&nbsp;&nbsp; </span><br /></span><span><p>&nbsp;</p></span><span>Two very favorable Amazon reviews of &ldquo;the Stranded Ones&rdquo; are posted at this link --<br /></span><span><p>&nbsp;</p></span><span><a href="http://www.amazon.com/The-Stranded-Ones-ebook/product-reviews/B002YQ2IN0/ref=sr_1_1_cm_cr_acr_pop_hist_all?ie=UTF8&amp;showViewpoints=1&amp;qid=1282167595&amp;sr=8-1">http://www.amazon.com/The-Stranded-Ones-ebook/product-reviews/B002YQ2IN0/ref=sr_1_1_cm_cr_acr_pop_hist_all?ie=UTF8&amp;showViewpoints=1&amp;qid=1282167595&amp;sr=8-1</a><br /></span><span><p>&nbsp;</p><p><span>&lsquo;<span class="apple-style-span">This novel is much more like a fine mystery - you slowly peel away each layer to find another looking back at you.&rsquo;<br /></span></span><span class="apple-style-span"><span>&nbsp;</span></span></p></span><p><span class="apple-style-span"><span>J. Walker</span></span><span class="apple-style-span"><span><br /></span></span></p><span class="apple-style-span"><span><p>&nbsp;</p></span></span><strong><span>&lsquo;</span></strong><span class="apple-style-span"><span>By the time I got to the last few chapters I couldn't break away&rsquo;<br /></span></span><span class="apple-style-span"><span>M. Mull</span></span><strong><span><br /></span></strong><div><br /><hr width="33%" size="1" /><div id="ftn1"><p class="MsoFootnoteText"><a name="_ftn1"></a><span class="MsoFootnoteReference"><span><span class="MsoFootnoteReference"><span>[1]</span></span></span></span> The observation is attributed to the senior Cuomo, Mario.</p></div></div></span>]]></description>
         <link>http://jaygaskill.com/blog1/2010/08/who_is_obama.html</link>
         <guid>http://jaygaskill.com/blog1/2010/08/who_is_obama.html</guid>
         <category></category>
         <pubDate>Wed, 18 Aug 2010 13:47:54 -0800</pubDate>
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