Thursday, March 03, 2005

It's official: bloggers beat Tom Daschle. What's interesting is that two of the most vociferous pro-Thune and anti-Daschle blogs were funded by the Thune campaign, and the bloggers closely associated either with Thune or with the GOP.

It's one thing if you're a blogger who just happens to like one candidate over another. It's quite another when you represent yourself as objective, fair and/or balanced, and it turns out after you have significantly influenced a campaign that you were bought, paid for, and propagandizing for your candidate.

Monday, February 21, 2005

Glenn spoke yesterday about poor Helen about having had it with being in he hospital. His comments about being in the hospital long periods of time is right on the mark. It's called ICU psychosis. Basically, the longer you are in the ICU [specifically, and hospital generally], the crazier you get. It happened to my father, when he was in the hospital for nine weeks following cancer surgery in 1992. He just got further and further away from us, to the point where a family friend [and doctor] told us to get him out, no matter what, or he was going to die. We did, and he didn't.

Being in the hospital sucks.
We now have a new law that restricts class action lawsuits, further limiting the rights of people to be compensated for their injuries. The Houston Chronicle, in our president's back yard, is critical of the legislation. The Chronicle's point: what happened to the concepts of limiting federal power, espoused by the republicans? Good question. My answer is that the Republicans never really believed that stuff; they say whaever they need to in advancing ther own agenda. Thus, if it serves their purpose to say "get government out of peoples' lives," they take that tack. When they want something in line witht their iedologu, all of a sudden restrictive legislation that takes perennially state matters out the states' hands becomes perfectly acceptable. Logically inconsistent, but ideologically useful.

Now that class actions are out of the way, it's back to this ridiculous effort to limit, first medical malpractice lawsuits, and ultimately all lawsuits for damages. Here are some interesting truths demonstrating that caps on damages and other limitations as proposed by the Administration do not reduce healthcare costs. Read the whole report, but here are some bullet points:
Despite caps on damages enacted in 19 states, most insurers continued to increase premiums for doctors at a rapid pace, regardless of caps.

States with caps on damages have premiums on average 9.8% higher that states that do not have caps.

Past and present medical malpractice judgments/settlements do not seem to be the driving force behind increases in premiums.

California doctors' premiums rose 450% in the 13 years after passage of caps on damages, and did not go down until California passed, by referendum, insurance reform.

The state of Texas's passed caps on damages in 2003. Its second largest insurer has now requested a 19% increase in premiums, stating that caps do not lead to any significant savings.

Modern Physician: "The real drivers of the rise in premiums over the past four years have been low interest rates, a sour national economy and the legacy of overly aggressive pricing policies in the years before the ‘crisis’ began in late 2000. . . ."

Many of those who support medical malpractice caps – even many tort reform “experts” and insurance company executives, admit that caps will not significantly lower premiums.

The Congressional Budget Office (CBO) reported that caps will not significantly reduce overall healthcare costs.

Even the Budget Submitted by the Bush Administration – the Administration’s FY ’05 Budget did not state any savings as a result of caps.

"Insurance was cheaper in the 1990s because insurance companies knew that they could take a doctor's premium and invest it, and $50,000 would be worth $200,000 five years later when the claim came in. An insurance company today can't do that." (Victor Schwartz, general counsel to the American Tort Reform Association, "Dose of Legality," Honolulu Star-Bulletin, April 20, 2003).

The number of physicians has risen in every state every year over the last 3 years (of available data – 2000–2002), and the numbers of physicians are higher in every state than they were in 1996. (American Medical Association, “Physician Characteristics and Distribution in the U.S.,” 2003-2004 edition)

In studies done in 1995 and 2004, the median plaintiff award in tort cases has dropped from $50,000 in the 1990s to $37,000 by 2001. (www.ojp.usdoj.gov/bjs/civil.htm#state; University of Chicago Law Review, Winter 1998). Between 1992 and 2001 the number of jury trials with punitive damages remained stable (4% to 6%) and the median punitive damage award decreased slightly from $63,000 to $50,000. (Civil Trial Cases and Verdicts in Large Counties, 2001, Thomas H. Cohen, Steven K. Smith, Bureau of Justice Statistics, 2004).

The General Counsel for the American Tort Reform Association (ATRA) – admitted that so-called “frivolous” malpractice cases are “very rare.”

In August 2003, tort reform advocates, including insurance industry executives, were forced to admit their arguments lacked merit after they were placed under oath by the Florida Senate Judiciary Committee. The St. Petersburg Times reported: “The Senate Judiciary Committee, frustrated by the conflicting information given it by different interest groups, discredited much of the medical malpractice rhetoric by placing witnesses under oath. Suddenly, there were no frivolous lawsuits and
Florida was a profitable place for insurance companies to do business after all.” (St. Petersburg Times, 8/17/03)

The bottom line is that this whole "reform" effort is nothing more than a shell game by Big Insurance and the chambers of commerce, in the hopes that a not-well-understood issue slides past the public's eye. It's much harder to undo something that has already been done. Which is exactly what they're trying to do.

Thursday, February 10, 2005

Courtesy of my very good friend, Glenn "Instapundit" Reynolds, I've got a quote in the Wall Street Journal [see third paragraph from end]. He's a firecracker, that Glenn!

The quote itself is correct, if incomplete. What I said more fully was that by shoving worker's compensation "reform" down our collective throats, he sold down the river not only lawyers like me, but more importantly, the clients whom we represent. That, of course, is the implicit point of Bredesen's worker's compensation "reform" package: to discourage claims by reducing benefits [and resulting attorney's fees], which disinclines lawyers from taking the case, and disinclines the claimant from pursuing benefits because they are so low, relatively speaking. I have had many lawyers here in Knoxville tell me that they will not take any new worker's compensation cases, because there is no way for them to make any profit from the representation. Altruism aside, we do have to make a living. My firm and I still accept meritorious worker's compensation cases, however.

As to Bredesen, there's an old political saw that goes something like this: "he's a bum, but at least he's our bum." The problem with Bredesen is that while his party affiliation is Democrat, he sure has been acting like a Republican. So maybe he's not "our" bum, after all.

Friday, January 21, 2005

Very disturbing news about the Catholic Church's and Pope Pius XII's role in the aftermath of the Holocaust:

The latest scandal to rock the Catholic Church, causing a storm in Italy and elsewhere, follows a familiar pattern: first the crime, then the cover-up. It concerns whether the Church kidnapped Jewish children after the Holocaust and has at its center, yet again, Pius XII, the pope that the Church appears determined to make into a saint despite his criminal role during the Holocaust and, we now learn, quite probably afterward. A Church document of October 23, 1946, recently disclosed in Corriere della Sera, contains papal orders for the French Church forbidding the return of entire classes of Jewish children entrusted to Church institutions during the Holocaust. . . . "If the [Jewish] children have been entrusted [to the Church] by their parents, and if the parents now claim them back, they can be returned, provided the children themselves have not been baptized. It should be noted that this decision of the Congregation of the Holy Office has been approved by the Holy Father."

It took almost 60 years for this scandal to come to light, and while an investigation is warranted, it is unlikely to happen. Given Pius XII's deplorable record during World War II -- "systematically spreading hatred and bigotry against a people while they are being persecuted and slaughtered . . . . approving Nazified race laws persecuting an entire people . . . . failing to command bishops and priests subject to his absolute authority not to participate in the deportations of tens of thousands of people to their deaths . . . . ordering a policy of kidnapping children . . . from people who had been through the Nazi" -- any reasonable person, Catholic or otherwise, must wonder why in the name of all that's holy the Church wants to make a saint out of this man.

Wednesday, January 19, 2005

The leader of the free world is out to settle some scores:

Sounds like ole George is on to something, doesn't it? And even if he isn't, what's to like about lawyers, anyway?

Well, sad to say, ole George has let us down. He's right that physicians are hit hard these days with insurance costs. And trial lawyers do love to sue them,sometimes frivolously. But there's another player in this drama he overlooked: the insurance industry and it's not clear why. George W. isn't dumb, as Democrats like to say, but he's not the brightest bulb on the Washington Christmas tree either. So maybe he just forgot. Or maybe he found the facts inconvenient.

A study by the Foundation for Taxpayer and Consumer Rights, using the experience in California and statistics developed by the federal government's auditing office, makes the case that capping jury awards has had little impact on malpractice insurance rates. What works best, the foundation found, is tighter regulation of the insurance industry.

****

Why does Bush ignore this aspect of the problem? No mystery there. It's politics. This is the most blatantly political administration in Washington in decades, and the trial lawyers are viewed by the Bush-Cheney crowd as simply Democratic auxiliaries. Not without reason, one should add. The trial lawyers have been big sugar daddies for the Democrats for more than a decade.

Bush, the politician, has an understandable beef with the tort bar. But Bush, as a proper president, isn't allowed that luxury. As chief magistrate and the people's tribune, he was elected to solve problems like this, not to indulge petty political peeves. Make no mistake, the physicians' growing insurance burden is a crisis. But it can't be resolved without recognizing the insurance industry as part of the problem.

The industry likes to claim it loses money on malpractice coverage. And some companies undoubtedly do. But on the whole, the industry is profitable beyond the wildest dreams of avarice. Moreover, the opportunity for cooking the books is greater in the insurance dodge than in almost any other line of work. The industry is not subject to federal regulation; indeed, it's exempt even from antitrust laws.

****

This contest involves some of the wealthiest segments of American society and the least regulated: the physicians' lobby, the plaintiffs' bar and the insurance industry. But the greatest potential losers in the struggle are ordinary Americans who need dependable physician care and legal redress when that care is shoddy. They look to the president for help in providing it.

In using the crisis to settle a political score with the trial lawyers, Bush is guilty of presidential malpractice.

He hit the nail on the head.

Robert Landauer:

Bush chose the Illinois site [to redirect his attack, this time to benefit the insurance industry] because "(a) recent study ranked Madison County the number one place in the country for trial lawyers to sue" -- the nation's worst "judicial hellhole," the American Tort Reform Association called it, followed by neighboring St. Clair County. Health care professionals should be fighting illnesses, not "junk lawsuits," Bush declared.

A closer look at the numbers by lawyers, advocacy groups and news reporters presents a less alarming picture locally. Also, analyses by the Congressional Budget Office indicate that Bush's legislative prescriptions won't cut medical costs any more than a tummy tuck will cure a runny nose.

Of nearly 700 malpractice/wrongful death suits filed in Madison County between 1996 and 2003, only 14 resulted in verdicts. Only six of those favored the plaintiffs. Of those six, only one was large enough to be affected by the president's proposed $250,000 cap.

So even in the nation's leading "judicial hellhole," courts throw out most baseless lawsuits early in the process, and the system usually does work.

Did you all get that? Only one verdict in Madison County, Illinois was over $250,000 over a seven year period. What litigation crisis?

The Administration is campaigning for tort limitations the same way it campaigned for the presidency: using fear, truth distortions, and out and out mistruths. As usual, it relies on the public not paying attention. Some of us do.

Seattle Post-Intelligencer: "Wrong medicine: caps:"

According to a 2004 study by the Congressional Budget Office, malpractice costs account for less than 2 percent of total health care spending. The same study estimates that even a reduction of 25 percent to 30 percent in malpractice costs -- the president's plan certainly doesn't claim to save that much -- would lower health care costs by less than half of 1 percent.

The answers to lowering the fiscal effects of medical malpractice lie not with arbitrarily limiting compensation to injured patients but with bolstering identification and discipline of dangerous doctors and better regulation of the medical malpractice insurance industry.

So why, oh why, does our president want to limit people's access to the courts? Could there be another reason, such as giving yet another break to Big Insurance and Big Business? Nah.

Sidney Zion weighs in on the President's deplorable effort to limit access to the courts. Some great zingers:

"This war [on trial lawyers] is apparently Bush's top domestic priority. It's not the economy, stupid, it's the trial lawyers!"

****

"He [the president, while in Madison County, Illinois] paraded a few doctors who said they no longer could practice in Madison, as the verdicts had raised their malpractice insurance sky-high.

"Chances are these docs got the same vetting from the White House as Bernard Kerik, but so what? The cons and neocons of the American Tort Reform Association are the bunco artists of our time, and as such fly from facts as Dracula from the cross."

****

"Frivolous malpractice suits are rare. The reason? They cost too much to file. Trial lawyers finance these cases themselves, with contingent fees - which the tort reformers would abolish.

"The cap - and this is the real skinny - would leave young people and the elderly, those without economic damages because they have no incomes - without recourse to the courts. All they have is pain and suffering, and even without caps, it's difficult to get lawyers."

****

"Only 2% of patients injured by physician negligence sue. Which means these victimized doctors may be getting away with 98% of their malpractice."

I have been remiss in not blogging in opposition to the Administration's current tort limitation effort, as I had two years ago, when I first started this blog. I'll try to do a better job in the future.

Thursday, January 13, 2005

More depressions like this? No thanks!
Another highly publicized campaign fallacy was that Americans are making less money today than before Bush was inaugurated. As illustrated by the chart below, when Bush took office, the average weekly pay for production or non-supervisory employees was $485. In December, it was $536 -- a 10.52% gain. This increase in wages -- also contrary to politically oriented assertions -- is greater than the 9.77% rise in inflation during this four-year period as measured by the Consumer Price Index (through November 2004). This means that when you combine lower tax-rates for all wage earners, the inflation-adjusted after-tax incomes of Americans have continued to rise during Bush's first term.

I don't know about the rest of you, but my salary hasn't gone up in the entire four years of the Bush presidency, as contrasted with the Clinton years. Another quote:

Certainly, another sign of depression would be declining consumer net worth -- the total of consumer assets minus liabilities -- which obviously plummeted during the 1930's. Strangely, during the Bush "depression," this statistic rose to a new all-time high of $45 trillion by the end of 2003 -- yes, even greater than at the stock bubble peak in March 2000. Without the final data for 2004, it is safe to assume that this net worth is significantly higher today given last year's 9% increase in stocks (S&P 500), and a likely similar gain in residential real estate values.

This guy may be an economist, but that doesn't comport with my personal and anecdotal experiences. Perhaps this is an example of misleading statistics, or the rich are getting richer, the poor getting poorer [not that I'm poor, but I worry...].

Wednesday, January 12, 2005

I just played a pretty cool AI game of 20 questions. Try it out; I'll bet you can't beat it!

Tuesday, January 11, 2005

How's this for subtle stifling of dissent? the Department of Education, through a PR firm cutout, paid a nationally syndicated television pundit almost a quarter of a million dollars to push the No Child Left Behind program:
The campaign, part of an effort to promote No Child Left Behind (NCLB), required commentator Armstrong Williams "to regularly comment on NCLB during the course of his broadcasts," and to interview Education Secretary Rod Paige for TV and radio spots that aired during the show in 2004.

Williams said Thursday he understands that critics could find the arrangement unethical, but "I wanted to do it because it's something I believe in."

Forget Tax cuts. Stop this crap and we'll save some real money. More odious, however, is the Administration's cavalier manipulation of public opinion by using a perceived independent commentator to shill for an Administration program. That he failed to disclose his bought-and-paid-for relationship to the Administration is damning fo both Armstrong Williams and to the Administration. It also begs the question of how many other "journalists" out there are pushing Administration positions while being paid sub rosa for their support?

By the way, he is keeping the $240,000.

UPDATE: Tribune Media Services, who syndicates Williams, has terminated its contract with Williams:

In a statement, TMS said: "[A]ccepting compensation in any form from an entity that serves as a subject of his weekly newspaper columns creates, at the very least, the appearance of a conflict of interest. Under these circumstances, readers may well ask themselves if the views expressed in his columns are his own, or whether they have been purchased by a third party."

That's about right.

ANOTHER UPDATE: According to friend Glenn, The government has done this before, for example, spending millions during the Clinton Administration to insert anti-drug messages into network television shows. I don't think much of that either, but I think one can distinguish between entertainment shows and what is passed off as "news" or "news commentary." It's easy to say "trust, but verify," but in practice, on-the-fly fact-checking news shows or determining the honesty/integrity of news commentators and pundits, is well-nigh impossible. In the spirit of good faith and fair play, potential conflicts in such shows must be disclosed.

Friday, January 07, 2005

In the "if it sounds too good to be true, it probably is" category, here's a story about a law professor [whoever said they were savvy], who got scammed by the same Nigerian get rich quick scheme we have all received in our email.

Note: I've got this great bridge in New York for sale....

Thursday, January 06, 2005

I just scanned [quickly] Glenn "Instapundit" Reynolds' long post on torture. What it boils down to for me is: what are we, as a nation and a people? One of his emailers asks, "If we have to do something that would heretofore have been considered barbaric in order to extract information that will save innocent lives, so be it." I disagree. Because our opponent tortures and horribly murders its captives, that in no way justifies us using torture tactics for those opponents in our custody.

This begs the question, of course, "what is torture?" We have operated for many years under the definitions set forth in the Geneva Convention, which definitions the Administration apparently seeks to change, via the policy memo written by AG nominee Gonzales. I still have not heard a convincing rationale to change that well-established definition. On the contrary, abusing our prisoners cheapens us internally and in the eyes of the world, and it places our people in greater danger; our abandonment of humane treatment standards will inevitably lead to other nations doing the same.

We are a nation of laws, committed to the rule of law in the way we live and conduct ourselves. When it is most difficult to remember that, such as now, is when it is most important to adhere to our basic values: good faith, fair play, and the law. If we slide down the slope to where the enemy wallows in the muck, we will soon have as much mud on our face as the enemy.

It's gut check time, and the United States is in danger of failing the test.
I'm playing around with a new browser, called Firefox, created by Mozilla. It's pretty cool, and apparently deals with a lot of the security holes present in MSIE. The best part so far is that you can open multiple browser tabs [different web sites] in one window. Apparently, lots of functionality, it seems significantly faster than MSIE in opening and drawing pages, and it's open source code, too, for those who don't think much of the Microsoft stranglehold on the cyber-world.

UPDATE: I learned of Firefox from this NPR Morning Edition Story.
For any fans of the rock group Chicago, here's a review I did on Amazon [with links inserted for this blog] for Robert Lamm's 2003 album, Subtlety and Passion:
Robert Lamm is one of the creative voices behind Chicago, the band that revolutionized pop/rock music in the 1970s. While Chicago has not released an album of original music since 1991 (the unreleased, yet still awfully good 1994 Stone of Sisyphus is widely available online as a bootleg), Lamm has become a de facto solo artist, releasing several albums in the past decade. None, however, had that stamp of Chicago, which endeared him to legions of fans. Although members of Chicago are quite close-mouthed about the rationale, it appears that there will be no new new album of Chicago originals for quite some time, if ever. Lamm makes up for it, however, with his 2003 collection, "Subtlety and Passion."

Featuring several members of Chicago, this album is, more or less, what a new Chicago release could have been. Opening with "I Could Tell You Secrets" Lamm sings that "All things are connected, much more than we suspected, nothing is by chance, how would you know." True words, here. Reading between the lines, and reviewing the online session notes, reveals that several of the S&P tunes were demoed for a Chicago release in 2001. Clearly, when the group failed to get its act together, Lamm went ahead and did his own thing.

Other highlights of this collection include "Somewhere Girl," which includes a nifty horn break with some some 6:8 measures thrown in for good measure, "Another Sunday," a wistful look at dreams once had and still hoped for, "Gimme Gimme," a biting and gutsy look at the plethora of awards shows and competitions, and "For You Kate," a sweet but not sappy love song to his daughter.

Lee Loughnane, Chicago's trumpet-meister, plays throughout the record, with appearances also by Walt Parazaider and James Pankow, Chicago's reed and trombone men. The horn arrangements, although often written by others, are pure Chicago in style, tone and composition. And, in a techno-achievement reminiscent of the Beatles recording new songs over old John Lennon demos, Lamm and producer-co-writer-co-performer Hank Linderman have taken a 1972 Chicago demo called "Intensity" with a Terry Kath guitar break, and constructed a contemporary song around that solo. Touches in this song remind the listener of Chicago in its best period, with horn riffs straight out of Chicago VI and VIII, and even an audio artifact at the beginning of the song that sounds just like the beginning of "What's This World Coming To," off VI. Definitely cool.

The best part of S&P, however, is that -- finally -- one of the sources of the Chicago sound has given us the next best thing to a Chicago-in-its-heyday album, full of hope, full of musicality, and full of promise of things to come. At this late date, and with the principals approaching and passing age 60 (scroll down), we may never see or hear the Chicago that got us excited years ago. Robert Lamm's "Subtlety and Passion" comes close, however.This is the best composition, performance and horn work on a Chicago (or proto-Chicago) record since Chicago XIV, released in 1980. Any fan of Chicago, or horn driven rock and roll, must have this album.

Monday, January 03, 2005

Others, i.e., Instapundit, have commented on the Administration proposals for lifetime imprisonment of suspected terrorists. Call me a raging radical if you will, but when I hear of things like lifetime -- or indefinite -- imprisonment, without due process, right to counsel, burden of proof, adnd the like, I think two things: (1) ridiculously unconstitutional; and (2) gulags/concentration camps.

What we've been hearing is that the idea has come about because these are terrorists; we just can't prove it. Not to be too skeptical, but shouldn't we have to prove it?

Fortunately, Senators from both sides of the aisle seem to agree.

Instapundit thinks it's an Administration trial balloon. OK, if it is, and the Administration pretty much knows it'll get shot down, then what is actually on thir collective minds? Even so, it sticks in my craw that the President of the United States is floating a trial balloon suggesting establishment of an American version of some of the worst that the Nazis or the Soviets ever perpetrated. That we can treat it so lightly is -- or should be -- of great concern to us as a society.
In the wake of the extraordinary disaster in Southeast Asia, help is coming from all quarters:
Four doctors from the Hadassah Medical Center at Ein Kerem left Israel for Colombo, Sri Lanka on Sunday to aid victims of an undersea earthquake that struck off the coast of Indonesia.

Prof. Avi Rivkind, Head of General Surgery and the Trauma Unit, Prof. Dan Engelhardt, the Head of Pediatrics, and anesthesiologists Prof. Yoel Donchin and Dr. Yuval Meroz were sent at the request of the Israeli Ministry of Foreign Affairs, and will use their vast experience and expertise to provide medical services to those suffering in the aftermath of the catastrophic tidal wave.

Israel and the Hadassah Medical Organization have a long history of sending rescue missions to parts of the world affected by natural disasters and war, most recently including the Turkish earthquake and the war in Kosovo, where Drs. Engelhardt and Donchin set up a Macedonian mobile medical unit to treat refugees from the war.

Every little bit counts.

Wednesday, December 15, 2004

A bad review for Amazon. I ordered a Spider-Man book for my seven year old, who loves the old original comics. I pleaced the order from Amazon about December 2. The confirmation said delivery would be made by December 9 or 10, that the book was in stock, and it would be shipped within 1 to 2 days. That would work, because I wanted to give it to Brian for Hanukah, which was for eight days, from December 7 through December 14.

On December 11, still having not received thebook, I checked the order at Amazon, and discovered that it had not even shipped yet. OK. I cancelled the Amazon order, and bought a copy of the same book through Ebay. I'll still miss Hanukah, but I wasn't going to do business with Amazon under those circumstances.

This episode is somewhat out of the ordinary, because my previous Amazon experiences have been pretty good. Xmas rush problems?
I love Nelson Demille's books. He tells a good story, and his prose is sometimes drop dead funny. Check out his new one, Night Fall. Here's a review. Set in the summer of 2001, FBI terrorism task force agent John Corey delves into the 1996 TWA 800 explosion and crash off Long Island. The official conclusion: mechanical problem in the center fuel tank. Corey's conclusion: read the book. Well written, and disturbing, too.

Tuesday, December 14, 2004

Well, I've entered the world of wireless networking, via the Netgear WGT624 router and WG511T PC card. I'm supposed to be able to get 108 mbps [or up to it, anyway], but it only wants to connect at a maximum of 54 mbps. At least it works. Sort of. The signal strength weakens badly at the outer edges of my office, so some sort of amplifier or booster will probably be necessary. Glenn "Instapundit" Reynolds is picking me up for lunch in a few, so I'll be able to try it out in a wi-fi restaurant.

Monday, November 29, 2004

Here's an insider's view on the fight for Fallujah. I've typed this once already, and the damned Blogger crashed -- lost it all! Anyway, this first-hand account of the recent battle comes from a retired Army Colonel, who obviously got it from someone on the ground. We are also directed to a good presentation on Fallujah facts. Some interesting things to know: 60 out of 100 mosques in Fallujah were used as fighting positions/weapons caches; 3 hospitals were used as defensive positions; 203 major weapons storage areas have been found in the city.

Here's the story, a lot of which we have not heard before:
Well Task Force 2-7 Cav made it back from Fallujah earlier than expected, mission accomplished. It feels so good to be back from a second successful mission that was as difficult as it was dangerous. We left Camp Cooke on Nov 1 and staged at Camp Fallujah for about a week. While there, we got the good news that George Bush was re-elected and we had busy days and nights of planning and rehearsals for the big attack. 2 days before "D Day," a 122 mm rocket impacted 50 meters away from our tents that sent everyone to the floor. We staged there at a remote part of the post and it was obvious that a local national tipped off the "mujahadin" (Arabic name for the enemy) where we staged. From that attack, we lost one soldier and 4 more were wounded. That attack gave the rest of the Task Force enough anger to last the whole fight. After all the drills and rehearsals, the day for the attack finally came on Nov 8. Prime Minister Allawi gave the green light and Coalition and Iraqi forces went all the way.

On Nov 7, a battalion of Marines seized the peninsula to the west of the city to prevent insurgents from fleeing. A brigade (4,000 soldiers) from the First Cav set up another cordon around the city to catch anyone fleeing. The plan was to make sure the insurgents would either surrender or fight and be killed. Intelligence estimates put the enemy between 3,000 - 5,000 strong, so we knew we had a tough fight ahead of us. One of the interesting factors to this fight was the weather although Iraq is unbelievable hot in the summer (up to 130 in Najaf), it was colder out in Fallujah than it was back in New York. Temperatures were typically in the upper-30s and low 40s between 5 pm 8 am. The average temperature here has dropped about 30 degrees in the past month or so.

We moved all of our vehicles and soldiers from Camp Fallujah to a position about 1 mile north of the city. That's also where we set up our TF support area (re-fuel, re-arm) and where we set up the Tactical Operations Center. All day long while were setting up at that location, Air Force and Marine Corps aviators shaped the battlefield with laser-guided bombs and hellfire missiles. Although American forces had not been into the city since April, we had been collecting intelligence on the city for months through unmanned aerial vehicles (UAV's), human intelligence, and Special Forces. So we knew exactly where they stored their weapons and where they held meetings, and so on all of these attacks from the air were precise and very effective in reducing the enemies ability to fight us before the battle even started. With each attack, secondary explosions of weapons/ammo blowing up were heard. The Coalition also threw the enemy a curveball by destroying all the vehicles that had been parked in the same location for more than 3 days---the enemy planned to use these as car bombs when we attacked. Again, almost every single vehicle the air assets attacked had huge secondary explosions.

After 12 hours of massive air strikes, Task Force 2-7 got the green light and was the first unit to enter the city. There is a big train station on the city's northern limit, so the engineers cleared a path with some serious explosives and our tanks led the way. While this was happening, my intelligence shop was flying our own UAV to determine where the enemy was. It is a very small plane that is launched by being thrown into the air. We flew it for 6 hours and reported grids to the tanks and Bradley's of where we saw insurgents on the roof and moving in the street---so our soldiers knew where the enemy was, before they even got to the location. We crossed the train station just before midnight and led the way for the Marines by killing everything we could in our way. It took our tanks and brads until 10 am the next day to get 2 miles into the city. They killed about 200 insurgents in the process and softened the enemy for the Marines. 5 of our soldiers were wounded in this first 10 hours, but we accomplished our part of the plan. The Marines mission was to follow TF 2-7 and fight the enemy by clearing from building to building. A lot of the insurgents saw the armored vehicles and hid. They waited for the Marines to come and took their chances by fighting them since the Marines weren't protected by armor like we were. In that first day of fighting, the Marines took 5 KIA and many more wounded, but they also did their job very well. Along the way, they found HUGE caches of weapons, suicide vests, and many foreign fighters.

They also found unbelievable amounts of drugs, mostly heroin, speed, and cocaine. It turns out, the enemy drugged themselves up to give them the courage" and stupidity to stay and fight. The enemy tried to fight us in "the city of mosques" as dirty as they could. They fired from the steeples of the mosques and the mosques themselves. They faked being hurt and them threw grenades at soldiers when they approached to give medical treatment. They waived surrender flags, only to shoot at our forces 20 seconds later when they approached to accept their surrender.

The next few days, TF 2-7 maintained our battle positions inside the city, coming out only for fuel and more ammo. We fought 24 hours a day and continued to support the Marines as they cleared from house to house. If they were taking heavy fire or RPG fire from a house, they would call on our tanks. Our guys would open up on the house with 120 mm main gun or 50 cal. After 5 minutes of suppressive fire, then the Marines would go into the building and clear it. There was rarely anyone left alive by that point. The problem is that we couldn't be there to do that for all the Marines and when we couldn't and they had to clear the building without our help, they took heavy casualties because the insurgents didn't stop firing until the Marines got into the building and killed them.

After 3 days, half of the city had been cleared and Iraqi Forces followed the Marines to re-clear the buildings and clean up the caches. Sometimes the insurgents who had managed to hide from the Marines would stand and fight the Iraqis, so they took some casualties as well. But they did a good job of securing the area and collecting the thousands of AK-47s, RPGs, mortars, and IEDs that were in these houses. All that ammo proved just how intensely the enemy planned to defend the city; after all, Fallujah was the symbol of the resistance against the new Iraqi government. They wanted to keep their safe haven for terrorists like Zarqawi to behead innocent people. Since no Coalition Forces were allowed into the city, they were able to get away with those atrocious acts without much trouble. On day 3 of the fight, we had the most exciting moment for me personally when our Task Force Support Area and TOC came under attack. Insurgents fired mortars and rockets at us everyday, some landing as close as 30 meters from us.

But on this day at 6 pm, just as it was getting dark, we took 3 rounds very close and then to the north 8-10 insurgents opened up with small arms fire on the TOC. Luckily, a tank platoon was back re-fueling and along with the scout platoon, laid down some serious firepower and killed them all in a matter of 5 minutes. But all of us in the TOC got to go out and be part of the fight, firing rounds and seeing the tanks unload on these insurgents. None of us were hurt, but it was an exciting 10 minutes. THEN came the second push through the rest of the city. Although by day 4, the Coalition had already killed over a thousand, many of them fled to the southern portion of the city and took up positions there. Again, Task Force 2-7 led the push a little before midnight. Same mission, same purpose: To soften up enemy strong points and kill as many insurgents as possible to enable the Marines to follow us when the sun rose. The Marines from Regimental Combat Team 1 did just that for the next 5 days---fighting house to house, finding more weapons, more torture chambers, more ammunition, and more insurgents ready to fight to the death. One fighter came running out of a building that our tanks set on fire he was on fire and still shooting at us.

As our Sergeant Major said, "going up against tanks and brads with an AK-47, you have to admire their effort!" Over the next 5 days, the Marines and our Task Force killed over 1,000 more insurgents. In that time frame, over 900 more fighters made the decision to spend 30 years in prison rather than die. The Marines are still occupying the city and helping with the rebuilding process---they still meet some sporadic resistance, usually a group of 3-5, shooting from a mosque or faking surrender and then shooting at them.

We were very disturbed to find one house with 5 foreigners with bullets in their head, killed execution style. Marines also came upon a house where an Iraqi soldier in the Iraqi National Guard had been shackled to the wall for 11 days and was left there to die. These insurgents are some sick people and Fallujah proved that more than ever. 2 mosques were not being used for prayer but rather for roadside bomb making. They were literally IED assembly line factories, with hundreds of IEDs complete or being built. They also had several houses with high-tech equipment where they conducted their meetings. In Fallujah, the enemy had a military-type planning system going on. Some of the fighters were wearing body armor and Kevlar's, just like we do. Soldiers took fire from heavy machine guns (.50 cal) and came across the dead bodies of fighters from Chechnya, Syria, Libya, Saudi Arabia, Jordan, Afghanistan, and so on no, this was not just a city of pissed off Iraqis, mad at the Coalition for forcing Saddam out of power. It was a city full of people from all over the Middle East whose sole mission in life was to kill Americans. Problem for them is that they were in the wrong city in November 2004.

Now that its over, there is a lot of things that people back home should know. First of all, every citizen of Fallujah (non-insurgent) is getting $2,500 USD (that's a lot over here) to fix up their house or buy new things that may have been destroyed in the fighting. Insurgents took up positions in residents houses so we were forced to destroy a lot of buildings. There is over $100 million dollars ready to be spent to re-build the city. This may seem like a lot of money, but I can assure you that it is a small price to pay for the amount of evil people no longer alive, contemplating how to kill more Americans. The intelligence value alone is already paying huge dividends. Some of the 900 detainees are telling everything they know about other insurgents. And the enemy never expected such a large or powerful attack and they were so overwhelmed that they left behind all kinds of things, including books with names of other foreign fighters, where their money and weapons come from, etc. I went into the city 3 times, but after a lot of the fighting had been done. It was amazing to see how the American military had brought the worlds most evil city to its knees. I have an awful lot of pictures that I am going to upload to my web site it will blow your mind to see what the insurgents forced us to do to win this fight. And seeing the pictures of what I saw firsthand will make you very happy to be an American and know that our country has this might if evildoers force us to use it. Our mission in Iraq is to help the Iraqi Security Forces become stable enough to keep this country safe and once in a while fight with our full might to give these security forces a fair chance. When we need to go after the enemy with all we've got, the results have been amazing.

In the fight for Fallujah, our military lost over 50 soldiers and Marines including a sergeant major, company commander, and 8 platoon leaders, along with 40 kids, typically between 19 and 23 years old. I cant even tell you how proud I was to be part of this fight and know these soldiers who were going from building to building to take the fight to the enemy. My Task Force lost 2 more soldiers after the rocket attack at Camp Fallujah, 1 of them that I knew pretty well. It was hard on the unit to deal with these losses, to go along with the 16 soldiers from 2-7 who were wounded. But this was a fight we knew would be dangerous..but worth the risk based on the good that would come out of it. Anyone back home who thinks the world is a safe place needs to come here for a day and learn real fast that there are an awful lot of people out there who hate Americans so much that they risk their lives to try to kill us. We cannot live peacefully back at home right now unless we continue to stay on the offensive against our enemies and fight them in their backyards. Remember, radical Arabs started this war and they continue to fight it, proving to America over and over that they need to be fought. I am hopeful that most Americans understand that you have to accept death to defeat evil; all of us soldiers accepted that the day we signed up. There are some things worth fighting and dying for, and making the world and specially America, a safer place, is one of them. For every Mom out there that you read about who turns into a peace protestor when her son is killed in action, there are 99 Moms you don't hear about who are proud and believe in this mission even more. It sure is good to be back to Taji after our second "field trip." We have an officers vs. enlisted football game tomorrow where I am the quarterback, so I am excited about that. We also have a Task Force Thanksgiving dinner tomorrow. Despite the fact we have upcoming Thanksgiving, Christmas, and New Years away from family, friends, and fun all of our soldiers are thankful to be back after this big fight and to have played such an important role in the successful mission.
Bless 'em all, bless 'em all
Bless 'em all, bless 'em all
The long and the short and the tall,
Bless all the sergeants and corporals too
Bless all the privates and above all bless you

Friday, November 19, 2004

I wish I had said this. Wait: I did.

Monday, November 15, 2004

I said it in 2000, and I said it in 2004: If Carville is on board, the democratic candidate wins the presidency. I was giving short shrift to Carville's partner in crime, however, namely one Paul Begala. Courtesy of ABC's The Note, The Sunday Boston Globe reports that Begala, who co-engineered [with James Carville and a host of others] Bill Clinton's successful White House run in 1992, was approached by the Kerry campaign in August to become a senior campaign advisor. After weighing his burgeoning TV career, he called Mary Beth Cahill to say yes, and she never called him back:
So in mid-June, Begala met with campaign manager Cahill at Kerry's campaign headquarters in Washington and said he had changed his mind; he would quit CNN and join Kerry.

The reaction was not what he anticipated. What are you talking about? Cahill asked, according to Begala.

"It seems obvious you don't have a message or strategy-driven campaign," Begala said he replied.

Again, Cahill asked what Begala was talking about. Begala remembers that she looked "like I was going to perform open-heart surgery on her. She said: 'I need to think about this. Give me a couple of days to set that up.' From that day to now, I never heard another word from her. And you know, I was pretty angry. I'm still pretty angry."
Cahill now says she made a mistake in not calling Begala back. You think?

Not to toot my own horn [aw, why not; it's my blog], but I've said for years that getting the horse sense that Carville[or Begala] would have brought to the inner workings of the Kerry campaign would very possibly have been the difference between success and failure. By ignoring the South and placing all your hopes into one traditionally Republican state [Ohio], you are taking a hell of an electoral college gamble. The Democrats lost that gamble in 2000, and they did it again in 2004. Fool me once, shame on you. Fool me twice, shame on me. For shame.

It also points out an "inside the Beltway" mindset I saw in 1985, when I interned for then-Senator Al Gore. I was a third year law student, and was willing to give of whatever skills I had for free [law school credit aside]. Gore's staff, however, was so turf-conscious and fearful of getting upstaged by anybody that they had me doing the xeroxing and signing constituent letters with the auto-pen.

My take is that Cahill responded to Begala's offer with shock and apparent disdain because she was afraid she was going to lose her campaign leadership position with Begala on board. Alternatively, she was afraid he would shake up the campaign that she had been instrumental in developing to that point. So, when Kerry & Co. needed it the most, they spurned assistance from one of the few people on the Democratic side who has ever successfully won a presidential campaign.

And now, Mary Beth Cahill is unemployed.

Friday, October 22, 2004

The New Republic: John Kerry for President. Salient quotes:
The president's war on terrorism, which initially offered a striking contrast to his special interest-driven domestic agenda, has come to resemble it. The common thread is ideological certainty untroubled by empirical evidence, intellectual curiosity, or open debate. The ideology that guides this president's war on terrorism is more appealing than the corporate cronyism that guides his domestic policy. But it has been pursued with the same sectarian, thuggish, and ultimately self-defeating spirit. You cannot lead the world without listening to it. You cannot make the Middle East more democratic while making it more anti-American. You cannot make the United States more secure while using security as a partisan weapon. And you cannot demand accountable government abroad while undermining it at home.

* * * *

On domestic policy, Bush has been Newt Gingrich without the candor. . . . But, rather than explicitly opposing popular government programs, as Gingrich did, Bush has pursued a more duplicitous strategy: He is eviscerating the government's ability to pay for them. His tax cuts. . . will produce what Bush's former Treasury secretary, Paul O'Neill, has privately called a "fiscal crisis"--a collapse in government revenue just as the baby-boom retirement sends Medicare and Social Security costs skyrocketing. This crisis will sap America's ability to wage the war on terrorism--since government will lack the funds to adequately safeguard homeland security or expand the military. It will create enormous pressure to eviscerate the government protections that guarantee poor and middle-class Americans even the meager economic security they enjoy today. And it will be entirely by design.

* * * *

By contrast, John Kerry has a record of fiscal honesty and responsibility that continues the tradition of Bill Clinton and Robert Rubin. Unlike most Democrats, he supported the Gramm-Rudman-Hollings deficit-reduction plan. Unlike most Republicans, he supported Clinton's 1993 deficit-reduction package. And, unlike President Bush, he supports the "pay as you go" rules that, in the 1990s, helped produce a budget surplus.

* * * *

In the weeks after September 11, Bush presided over a country more united--with more faith in its government--than at any other time in recent memory. He has squandered that unity and trust for the cheapest of reasons. His administration has used the war on terrorism as a bludgeon against congressional Democrats and has implied that its critics are aiding the enemy. And it has repeatedly misled the public--touting supposed evidence of Iraq's nuclear program that American intelligence analysts knew was highly dubious, rebuking General Eric Shinseki for telling the truth about how many troops it would take to occupy Iraq successfully, and firing Lawrence Lindsey for saying how much it would cost.

The result is a country bitterly divided, distrustful of its government, and weaker as a result. The next time an American president tries to use force in the war on terrorism, he will not merely lack the world's trust, he will lack much of the American people's as well. That may be Bush's most damning legacy of all. He has failed the challenge of these momentous times. John Kerry deserves a chance to do better.
A damning indictment of the Bush presidency, and, to my way of thinking, an accurate one.

Thursday, October 21, 2004

Glenn says that when he's elected president, he'll nominate Eugene Volokh for the Supreme Court. Hey, what about ME???

I mean, not to rely on influence, long association and knowing where his skeleton-filled closets are, but I do also have to room with him on our dive trips. That oughtta be worth something.

Anybody there?
From the Wall Street Journal bureau chief in Iraq comes this scathing report of conditions inside the country. Some scary quotes:
I heard an educated Iraqi say today that if Saddam Hussein were allowed to run for elections he would get the majority of the vote. This is truly sad.

* * * *
One could argue that Iraq is already lost beyond salvation. For those of us on the ground it's hard to imagine what if any thing could salvage it from its violent downward spiral. The genie of terrorism, chaos and mayhem has been unleashed onto this country as a result of American mistakes and it can't be put back into a
bottle.

* * * *
I asked a 28-year-old engineer if he and his family would participate in the Iraqi elections since it was the first time Iraqis could to some degree elect a leadership. His response summed it all: "Go and vote and risk being blown into pieces or followed by the insurgents and murdered for cooperating with the Americans? For what? To practice democracy? Are you joking?"
Interesting postscript: the bureau chief author of the above is now reported to have left Baghdad for a "long vacation."

Whether the U.S. can succeed in its stated goal to bring stability and democracy is an open question. What is quite clear by now is that the Bush Administration completely failed to comprehend [refused to believe?] that making war would cause chaos, create a clearing house for terrorism, and quite possible lead Iraq into internecine cvil war.

If things had gone well, Bush would have been able to take the credit, and probably the election in a landslide. But things did not go and are not going well, so Bush must take the responsibility.
An outfit called IceRocket has a search engine just for blogs. Check it out.
I just got an email from the Bush campaign, addressed to "Jewish Outreach." The subject was Arafat's "endorsement" of Kerry. Awfully kind of the Bushies to let me know. It does beg the question, however, of why people other than Jewish folks would not be interested in this news. The religious/ethnic stereotyping obviously employed by the Bush campaign is, frankly, reprehensible.

Interestingly, Arafat, technically, has not endorsed Kerry or anybody else:

Arafat deputy and chief Palestinian negotiator Saeb Erekat told WND in an exclusive interview that while "we do not involve ourselves in internal American politics," at the same time "our region has been sliding deeper and deeper into chaos because of certain policies over the past few years, and this needs to change."

While he would not directly endorse Kerry, it was clear Erekat was implying the PA wants a change in White House leadership: "If things continue the way they are, if certain policies toward our region are maintained in the years to come, there is going to be a lot of violence on both sides."
Thus, Arafat has made no direct statement on the matter; an aide is speaking for him. Further, no direct endorsement was made.

Now, this might be splitting hairs, but the Bush trumpeting of an Arafat "endorsement" is just not accurate. Moreover, Kerry has no control over what Arafat or his people do. It would be a mistake to assume that Kerry is pro-palestinean or pro-Arafat simply because a Palstinean fellow made supporting statements about him. That does not compute.

And, while I no more support the Palestinean cause than I do terrorism [maybe the same thing?], it's no surprise that the Palestineans want regime change in the U.S., as Bush has been anathema to them.

Actually, the only good thing I can say about the Bush Administration is that its policy re: Israel has more or less recognized that the Palestineans have not acted and still do not act in good faith. Conversely, my biggest fear about a Kerry presidency is that he would re-elevate the grandaddy of terrorists and further muddle the situation in the Middle East.

Note by the way that I do not use the term "peace process," because I think that there is no peace process without both the warring parties acting in good faith. Given the Palestinean track record, I see no evidence of good faith movement toward peaceful co-existence with Israel. Ever.

Wednesday, October 20, 2004

JibJab has competition. Check this out for a, ahem, lighter side to this political season.

Tuesday, October 19, 2004

God help us all? A scathing graphical presentation accusing Katherine Harris, then Florida Secretary of State, Supervisor of Elections and head of the Bush campaign in Florida, of illegally disenfranchising at least 55,100 voters. As the presentation says, did she go to jail? Was she censured? Publicly lambasted? No. She is now a congresswoman from Florida. If the animation is accurate, it's devastating.

The Greg Palast BBC newscast upon which the presentation is based is here. And while the report is from 2001, it does beg the question: will it happen again?

Thursday, October 14, 2004

Bad sign for Bush -- Dwight Eisenhower's son is a Kerry supporter. Pertinent quote:
The fact is that today’s “Republican” Party is one with which I am totally unfamiliar. To me, the word “Republican” has always been synonymous with the word “responsibility,” which has meant limiting our governmental obligations to those we can afford in human and financial terms. Today’s whopping budget deficit of some $440 billion does not meet that criterion.
****
Sen. Kerry, in whom I am willing to place my trust, has demonstrated that he is courageous, sober, competent, and concerned with fighting the dangers associated with the widening socio-economic gap in this country. I will vote for him enthusiastically.

I celebrate, along with other Americans, the diversity of opinion in this country. But let it be based on careful thought. I urge everyone, Republicans and Democrats alike, to avoid voting for a ticket merely because it carries the label of the party of one’s parents or of our own ingrained habits.
The implication here is that prominent old line Republicans are deserting the Republican party as having moved too far to the right, too far in favor of the wealthy to the exclusion of everyone else. I agree.

On my way to pick up my car from the shop today, I asked the kid who was driving me whether he was going to vote. He said, "Yes." I said, "Well, you should vote for Kerry, unless, of course, you make over $200,000 per year. In that case, Bush is your man." Sadly, I believe that exactly to be the case.

Tuesday, September 14, 2004

Finally, a photo of the damage on Grand Cayman.

UPDATE: Here are more photos.

Monday, September 13, 2004

Devastating stories from Grand Cayman, including an unconfirmed report of 50 fatalities:
Angela and her friends Darina Fennel ,Nick Robinson, Darina's sister and boyfriend who are visiting,Emma and Clive and those who sheltered in Walkers Building and Caledonia house are okay, including Mr William Walker and his sons Robert and David.(The rest of the Walker family are not on the Island.)She said the navy ships are trying to get in now although they have been near all day but due to the bad conditions of the waves could not come close.Angela said that where they live just south of Georgetown just next to the water by some miracle, their apartment on the 2nd floor still is intact except for some water damage near the door and windows.and the landline phone seemed to be working ,but they feel it is not safe to live there because of the ocean conditions and they are moving back to a shelter.They have some water and some food left.They have spent the day helping others whose homes are either non existent or badly damaged and trying to help salvage some of the possessions. At this point they have not been able to make contact with other parts of the Island but they do know there are at least 50 people who have lost their lives.She said that they hope they can leave the Island as soon as The Powers That Be can help everyone to make arrangement ,as the Island is not livable given that there is no water , no electricity and the tremendous damage.

I have been trolling for news on my favorite places and people, and am struck by the can-do attitude of the victims on the scene, in terms of getting the infrastructure working again. More Cayman news at CaymanNet News.

UPDATE: Here's that fighting spirit in action:

The absolute priority of the Cayman Islands Government is to ensure the Islands get back on their feet. The Cabinet Secretary, Orrett Connor, said: "The Cayman Islands has picked itself up from hurricanes in the past. There is a tremendous team spirit here, and we are working together to rebuild and regroup. We are absolutely determined to be back in business extremely quickly."

I love these people!


The news from Grand Cayman is very, very bad.
Here's the winner for the most shameless solicitation of the month award: Lawyers for Bush. Considering his well-established record of fighting to put litigators out of business, this come-on indeed takes cojones.
Osama seems to be the least of our worries. Following is an email I just received from a distant family member. It delivers a chilling message:

This past Friday evening we attended services at Temple Bethel in Palm Beach. We went there specifically to listen to a lecture by Dr. Khaleel Mohammed. Dr. Mohammed is a professor of Islamic Studiesat the University of San Diego. He received his Ph.D. at the University of Riyadh in Saudi Arabia and is an Imam schooled in the Wahabi-Sunni tradition of Islam. The title of the lecture was "Can Militant IslamCoexist with the state Of Israel?"

What we heard was blood chilling,but not at all surprising. His opening statement was, "The people of the United States worry aboutOsama. He is nothing but a tiny offshoot of the problem. The mainproblem is (and I quote) "EVERY SINGLE MOSQUE IN THE USA ESPOUSES FROMTHE PULPIT THAT EVERY SINGLE JEW (not just Israel) IN THE WORLD MUST BEANNIHILATED. No ifs ands or buts!! And these mosques don't even consider themselves militant.Trading land for peace. A big joke!

The Koran states (as he quoted) that any treaty between a Muslim and a non-Muslim nation is not binding and is meant to be broken once the Muslim nation becomes stronger than the non-Muslim nation with whom the treaty was made. So all the treaties with Israel to be made in the future will eventually (and must) be broken once the Muslim nation feels it is strong enough. It took 200 years for the Crusaders to be vanquished and driven from the Holy Land. Israel is a mere 50 yrs old. Islam has patience. Dr. M. has received numerous death threats and is constantly booed and driven off the pulpit in the many mosques that he lectures in because he espouses peaceful co-existence with Israel. The frightening aspect of this is that there a huge 5th column right here in the USA.


I can't vouch for the reliability of this report, but at the same time, I have no reason to disbelieve it. And except for the Israel-Egypt peace, it is consistent with Arab/Islamic practices in the region since 1948.
Osama seems to be the least of our worries. Following is an email I just received from a distant family member. It delivers a chilling message:

This past Friday evening we attended services at Temple Bethel in Palm Beach. We went there specifically to listen to a lecture by Dr. Khaleel Mohammed. Dr. Mohammed is a professor of Islamic Studiesat the University of San Diego. He received his Ph.D. at the University of Riyadh in Saudi Arabia and is an Imam schooled in the Wahabi-Sunni tradition of Islam. The title of the lecture was "Can Militant IslamCoexist with the state Of Israel?"

What we heard was blood chilling,but not at all surprising. His opening statement was, "The people of the United States worry aboutOsama. He is nothing but a tiny offshoot of the problem. The mainproblem is (and I quote) "EVERY SINGLE MOSQUE IN THE USA ESPOUSES FROMTHE PULPIT THAT EVERY SINGLE JEW (not just Israel) IN THE WORLD MUST BEANNIHILATED. No ifs ands or buts!! And these mosques don't even consider themselves militant.Trading land for peace. A big joke!

The Koran states (as he quoted) that any treaty between a Muslim and a non-Muslim nation is not binding and is meant to be broken once the Muslim nation becomes stronger than the non-Muslim nation with whom the treaty was made. So all the treaties with Israel to be made in the future will eventually (and must) be broken once the Muslim nation feels it is strong enough. It took 200 years for the Crusaders to be vanquished and driven from the Holy Land. Israel is a mere 50 yrs old. Islam has patience. Dr. M. has received numerous death threats and is constantly booed and driven off the pulpit in the many mosques that he lectures in because he espouses peaceful co-existence with Israel. The frightening aspect of this is that there a huge 5th column righthere in the USA.

I can't vouch for the reliability of this report, but at the same time, I have no reason to disbelieve it. And except for the Israel-Egypt peace, it is consistent with Arab/Islamic practices in the region since 1948.


Dumbest. Election. Ever. A pertinent excerpt:

Issues we are not hearing about because we have spent so much time talking about television advertisements:

Millions of jobs lost in the last four years;

Unbearably expensive health care;

A total loss of confidence within the international community in our moral leadership;

The underfunded farce that is the Department of Homeland Security;

The underfunded farce that is the No Child Left Behind bill;

The fact that military assault weapons will soon be making a perfectly legal return to a neighborhood near you;

The deeply illegal outing of a deep-cover CIA agent by Bush administration officials, who did it because they wanted to silence a critic;

The rape and torture of men, women and children in the Abu Ghraib prison, horrors that were sanctioned in writing by Bush's own lawyer and the Secretary of Defense;

The allegation by Senator Bob Graham of Florida that Bush torpedoed any aspect of the 9/11 investigation that came within spitting distance of his friends in the Saudi royal family;

The allegations by several generals that Bush's people started stripping necessary troops and resources from Afghanistan to bolster their ill-conceived charge into Iraq;

The myriad accusations by a dozen insiders that Bush and his people ignored the terror threat until the Towers fell, and then used the attacks to scare the American people into an unnecessary war in Iraq and a mammoth payday for their friends in the weapons and oil business;

The fact that no weapons of mass destruction have been found in Iraq;

The fact that no connections between Hussein, bin Laden and 9/11 have been established beyond the bloviating hyperbole of a few senior Bush officials who haven't yet gotten the memo;

Does anyone even remember Enron?

This supports what I have been saying, that what happened 35 years ago to the two candidates is insignificant compared to what people are having to deal with today.
Grand Cayman got hit HARD by Ivan the Terrible. Here's a sobering report. Here's another one. Reports are that a tidal surge possible flooded the entire island.

Thursday, September 09, 2004

This latest business about Bush and the National Guard is a waste of time, in my opinion. My guess is that everybody pretty much knows that Bush used influence and his family's political power to get into the Texas Air National Guard, and to get special dispensation while serving. Again, no one cares what this guy did 32 yeards ago. It's got a 2-3 day news arc, at best. If the Kerry people are pushing this story on the media, it's a mistake. If it's the media, then you can't stop them anyway.

Interestingly, I have somehow gotten on the email list for the "Bush-Cheney '04 Grassroots Team." Here's their response to the story:

In response to President Bush's Agenda for America's Future and a critique of his policies and Senate record, Senator Kerry's campaign is implementing a strategy of vicious personal attacks against the President and Vice President.

The campaign is bringing in a bevy of former Clinton henchmen, including CNN commentators James Carville and Paul Begala. In August alone, Begala called President Bush a "gutless wonder," said he has a "lack of intelligence," and called Vice President Cheney a "dirt bag." Carville said the President is "ignorant big time" and said "George W. Bush and Dick Cheney are a couple of nobodies."

It's not like Bob Shrum needed encouragement to engage in personal attacks. At a Kerry rally Friday morning in Ohio, campaign surrogate John Glenn compared the Republican Convention to a Nazi rally, and Kerry called the President unfit to lead our nation and once again sought to divide the country by who served and how 35 years ago.

Of course, the President was called a "cheap thug," a "killer" and a "liar" at a Kerry-Edwards campaign event in New York, Mrs. Kerry has called the President's policies "unpatriotic" and "immoral" and DNC Chairman Terry McAuliffe falsely accused the President of being AWOL.

Democratic strategist Susan Estrich outlined the strategy last Wednesday in a column warning Republicans to "watch out." "I'm not promising pretty," she wrote before going on to call President Bush and Vice President Cheney alcoholics, then ask "is any alcoholic ever really cured?" ("I can see the ad now.") She deems the President's service as a National Guard fighter pilot "draft dodging," and says, "a forthcoming book by Kitty Kelly raises questions about whether the President has practiced what he preaches on the issue of abortion." (Interestingly, the New York Daily News reported back in February that the Kerry campaign intended to spread such a rumor in pro-life chat rooms late in the campaign.)

So the former Dukakis campaign manager has an advance copy of Democrat donor Kitty Kelly's book, which promises to throw unsubstantiated gossip at President Bush in the same way she falsely maligned the late President Reagan as a date rapist who paid for a girlfriend's abortion and wrongly castigated Nancy Reagan as an adulterer who had an affair with Frank Sinatra. A recent story says Kelly's book alleges President Bush used cocaine at Camp David while his father was President, which is as credible as her story that then Governor and Nancy Reagan smoked marijuana with Jack Benny and George and Gracie Burns.

And tonight on CBS, longtime Democratic operative Ben Barnes-a friend of, major contributor to and Nantucket neighbor of Senator Kerry's and vice chair of the Kerry Campaign--will repudiate his statement under oath that he had no contact with the Bush family concerning the President's National Guard service. (Anyone surprised that Barnes would contradict a statement he made under oath probably doesn't know his long history of political scandal and financial misdealings.)

So brace yourselves. Any mention of John Kerry's votes for higher taxes and against vital weapons programs will be met with the worst kind of personal attacks. Such desperation is unbecoming of American Presidential politics, and Senator Kerry will pay a price for it at the polls as we stay focused on policies to continue growing our economy and winning the War on Terror.
Anybody notice how the Repubs decry the so-called personal attacks, and in the same literary breath, they do the same thing! (see "bevy of Clinton henchmen"] What's happening is that they are muddying the water so throroughly that no one knows what to believe, and in the absence of strong evidence one way or the other, the tendency is to retain the status quo. This tactic, by the way, is commonly practiced by defense lawyers; make it so confusing that the jury has no idea whether the plaintiff's case has merit. In the absence of clear evidence, the jury is inclined to leave things the way they are and not deliver a verdict for the plaintiff.

Kerry is the plaintiff here, and he is losing his case.

UPDATE: The New Republic, in commenting on this story, slams Ed Gillespie for the above "panicky" memo that he wrote, saying, "Ed Gillespie, chairman of the RNC, circulated a panicky memo to supporters on Wednesday claiming that Barnes "will repudiate his statement under oath that he had no contact with the Bush family concerning the President's National Guard service." Gillespie's statement proved to be absolutely false." The article points out that Barnes's interview was completely consistent with his previous story. Ryan Lizza's article goes on to say:

CBS obtained four documents from the personal papers of Lieutenant Colonel Jerry B. Killian, Bush's Texas National Guard squadron commander. These memos tell a fascinating story about the struggle of a by-the-book commander caught between a self-important young pilot trying to cut corners and wriggle out of the rest of his Guard commitment, and superiors who seem all too willing to let the privileged son of a Texas VIP bend the rules.


That's the real story here, if we're interested in character as an issue. Kerry didn't duck Vietnam service; he volunteered for it. Bush not only ducked Vietnam, he couldn't be bothered to do his duty, even though it was [relatively] cushy state-side pilot training and physicals.

I still say, though, that the Kerry poeple need to ignore the issue and just let the media run with it, if they want.

Wednesday, September 08, 2004

Don't send a machine to do a man's [or woman's] work. Off the top of my head, it strikes me that of the unmanned devices we have sent out into space in the last few years, there is something like a 50% failure rate. Let's find some cowboys, strap some boosters on, and just GO.
Some months ago, I predicted that the Bush camp had something on Kerry, and would spring it, probably after the conventions. I was half right. This Swift Boat Veterans for Truth nonsense, which surfaced after the Democratic Convention, is what they were waiting to jump Kerry with. Is that the worst they've got? A show of hands please: who really believes that the Bush Administration and the Republican establishment don't control these "527" groups? I don't.

In my copious spare time [i.e., none], I have perused some of the blogs [i.e., Instapundit], and have seen the joyous lambasting of candidate Kerry, and I get depressed. Not because they are right [I don't know that they are], but because the Kerry campaign is running such a lousy campaign.

I have said all along that Kerry has got to dispel the notion of "Northeastern Liberal." He really has not done that. He had to dispel the notion that he is a flip-flopper. He has not done that. He had to craft and convey a "message": a vision of the U.S. that he wanted to bring to the table. He has not done that.

Instead, his campaign has allowed itself to get sucked into the minutiae of who did what, when and where 35 years ago in Vietnam. Who cares? The campaign is REacting, not PROacting. The campaign is not on message, because it seems to have no message at all.

If I were running the show, this is what I would be pushing:

1. The economy: deficit spending tends to depress the economy. Bush has gone from surplus to record deficits in four years. That kind of incompetence takes some doing. And Bush is the first president in history to seek tax cuts in wartime. What's that about? People are most concerned about how they are going to live and thrive. There are many, many people who are not doing as well now as they were four years ago. Tap into this dissatisfaction. Refute the propaganda that Bush had a recession when he entered office in 2001. Evoke memories of how good things were when Clinton was president. It's not all about 9/11. The Bush Administration is letting jobs slip away from us, trade deficits are at an all-time high, and the economy is at best sluggish. It's the economy, stupid. Don't forget healthcare.

2. National Security: Kerry voted for war in Iraq based on misleading information, if not out and out lies from the Administration. While it's generally a good thing for Saddam to be out of power, Americans don't like to be misled -- or lied to. At best, the Bush Administration myopically went to war where the need did not exist. At worst, the Bush Administration went to war based on a vendetta to oust Saddam, no matter what the cost. Whichever is true, it is undeniable that the Administration is giving us now a different rationale for war than it did before we went in [see credibility, below]. However, now that we're committed, we must finish the job, with a coherent plan to win the peace, as well as the war. I don't know what Bush's plan is; Kerry needs to formulate one and articulate it.

3. Credibility: Kerry must refute, simply, the accusations that he cannot be consistent on a position. Seems to me they said the same thing about Clinton in 1992 and 1996. The problem is that Kerry seems to keep shifting, and is not fighting back against those charges. At the same time, Kerry needs to go after Bush and the Republican establishment he controls for their lack of credibility on life and death issues, on civil rights, on the envoronment, on cronyism, and a host of other issues.

4. Distance Kerry from any aspect of the 1988 Dukakis campaign. The Bush people are crowing about John Sasso's possible involvement in the campaign. Comparisons between Kerry and Dukakis are starting to happen. Take steps to stop the references; Kerry must establish himself as his own man, and stay the hell away from Dukakis

There are a lot of people, including Republicans, who are mad as hell at the Bush Administration right now. The Kerry people have got to give them a reason to vote for their man. It's not too late for the Kerry campaign to turn this around, but it's go to get its collective head out of its collective ass and move. Where's James Carville when you need him?
My cousin, Fred "Rico" Hurvich, sent my mother this opinion piece, who sent it to me. I'm not usually one to cite to Garrison Keillor, but he certainly says it loud and proud. An excerpt:
Here in 2004, George W. Bush is running for reelection on a platform of tragedy—the single greatest failure of national defense in our history, the attacks of 9/11 in which 19 men with box cutters put this nation into a tailspin, a failure the details of which the White House fought to keep secret even as it ran the country into hock up to the hubcaps, thanks to generous tax cuts for the well-fixed, hoping to lead us into a box canyon of debt that will render government impotent, even as we engage in a war against a small country that was undertaken for the president’s personal satisfaction but sold to the American public on the basis of brazen misinformation, a war whose purpose is to distract us from an enormous transfer of wealth taking place in this country, flowing upward, and the deception is working beautifully.

Also: "It’s a beautiful world, rain or shine, and there is more to life than winning." I guess Keillor thinks Kerry is going to lose?

Thursday, August 26, 2004

Have George II and his merry men been lying? On the right hand side of the aisle, you'll hear, "no -- just bad intelligence, and besides, we did a good thing." To the left of center, you're likely to hear the slavering growl of "Hell yes, he lied!" I think this compendium is probably from the latter. Notwithstanding the approach, there's nothing here that sways me from my thinking that the Administration at best misled us into war.

The Kerry camp is missing the boat on this issue. Americans will get mad if it becomes clear they were misled into war, with the resulting human and capital costs. Instead, Kerry & Co. are fixating on a 35 year old Vietnam war service issue, which will inevitably paint him as an irrepressible lefty, based on his protest work afterwards. He does NOT want that to happen, yet he has let it happen.

I don't care whether Kerry stepped across into Cambodia in 1968. I do care about how I'm going to make ends meet in this economic environment. It's still the economy, stupid.

Monday, August 23, 2004

People for the American Way and the NAACP have published a disturbing report on voter intimdation and suppression. Among its findings:
In 2004 in Texas, students at a majority black college were challenged by a local district attorney’s absurd claim that they were not eligible to vote in the county where the school was located. It happened in Waller County – the same county where 26 years earlier, a federal court order was required to prevent the local registrar from discriminating against the students.

In 2003 in Philadelphia, voters in African American areas were systematically challenged by men carrying clipboards, driving a fleet of some 300 sedans with magnetic signs designed to look like law enforcement insignia.

In 2002 in Louisiana, flyers were distributed in African American communities telling voters they could go to the polls on Tuesday, December 10th – two days after a special Senate election was held.

In 2000 in Florida, thousands of voters whose names mistakenly appeared on a flawed list of felons were purged from the state’s voter rolls. Despite the ensuing outcry and litigation, the state has not yet restored the rights of many of those voters -- and in fact has begun a new purge of an additional 40,000 names for the 2004 election.

In 1998 in North Carolina, GOP officials openly planned to videotape voters in heavily Democratic districts in a partisan attempt to avoid alleged “voter fraud,” until the Justice Department stepped in to warn that taping minority voters at or near the polls would violate federal election laws.

I was one of those who have been saying about Florida in 2000, "Get over it!" Howver, with documented evidence of denying the franchise to a large number of voters, based on an unforgivable mistake, "I think I'd better think it out again!"

Monday, July 26, 2004

Pal Glenn links to yet another John Stossel hatchet job on trial lawyers -- this time ripping John Edwards for being a good trial lawyer.  As usual, he's just dead wrong. 

"Every product you buy has a built-in cost to cover what lawyers make through lawsuits."  No -- lawsuits about defective or unreasonably dangerous products have made those products safer. 

First, let's call it what it is: people -- through their lawyers -- suing wrongdoers for for injuries caused by their misdeeds.  If it's so wrong that some lawyers make a lot of money taking enormous time and financial gambles on behalf of their clients, then I'd like to know how much ABC pays Stossel.  I'll bet he wants for nothing.  On the other hand, is Stossel jealous over how much Edwards has made in his career?

Why do we have airbags, headrests, even seat belts?  Because the auto industry, having been sued for its failure to make their products safer, finally did it.  A sad truth is that corporate america will not do anything unless it is in their financial interest to do so.  "Hit 'em in their pocket books" seems the only way to get them to make positive changes.  Now, that's not why we file lawsuits, but if one consequence of a case is that the defendant will act more responsibly in the future, that's OK with us.  Us, meaning the public.

A good example is water heater litigation, something I've had some direct contact with.  Did you know that the water heater industry has known since the late 1950s that its gas fired water heaters can ignite flammable vapors and cause a fire?  All they had to do to reduce the potential of this catastrophic occurence 90% would have been to sell their water heaters with an 18 inch high stand.  But that cost too much, so they slapped a 35 cent label on their water heaters, which they knew did not effectively warn the public, and continued to make gazillions of dollars.  All the while, a person a day on average was being burned or killed from a water heater fire.

In other words, they made a financial decision to absorb the costs from successful personal injury cases arising out of their defective water heaters, and did so for decades.  It was cheaper than making their product safer.  Only through the efforts of trial lawyers have they now finally developed new technology to eliminate the threat.

"But paying higher prices is not the biggest effect of what the lawyers do. What may be worse is what the fear of lawsuits do to medical care and innovation."  I think this is just crap.  I tell my doctor friends that all they have to do is their best.  Just like me, if they screw up, they might actually have to take responsibility for their actions.  How unfair!  And frankly, unless it's a pretty bad screw-up, they probably won't get sued anyway.

"Everybody is in mortal fear of being sued."  Good propaganda, but if it's true, it means we've got a lot of really lousy doctors out there.  I'll just say what I have said on this blog for the last year and a half: no decent lawyer will file a medical malpractice lawsuit unless he's damn sure he's got a case.  Example: I just reviewed a possible case involving a psychiatric hospital.  Seems the guy checked himself in because he was suicidal, and they zapped him with all sorts of central nervous system depressors, as well as 100mg of MS Contin [an opiate], twice a day.  Family reported him to be acting like a zombie.  After three days, he was found dead.  Cause of death: opiate toxicity.  The hospital proably killed the guy, but the consultant who reviewed it for us wasn't terribly excited about who was negligent and how.  So we turned down the case, because it wasn't clear cut enough. 

To invest three to five years and tens [or hundreds] of thousands of our dollars, it better be clear negligence, clear causation, and catastrophic damages.  Otherwise, it's too big a gamble.  And I would bet my bottom dollar that most, if not all, trial lawyers feel the same way.

Stossel plays cute, saying first that most doctors are being sued [note the tense] and then saying that 76% of U.S. obstetricians have been sued.  The one is not supported by the other.  Just because I may have been sued in the past doesn't mean that I am one of those lawyers who are being sued currently.   In other words, it's a false or misleading statistic.

Then Stossel takes Edwards to task for a cerebral palsy case he won.  Now, it's very hard to make a case that labor and delivery caused birth injury.  The American College of Obstetricians and Gynecologists will have us believe it never happens.  But it does.  I represented a little boy who was profoundly impaired becuase the idiot OB/GYN waited hours before a C-Section, when he should have known the baby was in serious trouble.  In other words, he was reluctant to do what Stossel syas most OB/GYNs do more often: C-Sections. 

I had an expert who did 90% of his work for the defense supporting me completely.  I never even had to disclose him to my opponents, because the case settled fairly early in the proceedings.  Even so, it still took three years and close to $20,000 to get there, and because the doctor had filed for bankruptcy, this child, who was going to require care that will cost $18 million over his lifetime, got much much less, limited to only the doctor's relatively low insurance coverage.  There's justice for you.  And if Stossel had his way, I guess we wouldn't even have been able to do that much for that poor child.

Stossel blames trial lawyers when hospitals cover up malpractice by failing to report it.  Shouldn't he be castigating those institutions for doing the Watergate thing?  For failing to insist that its doctors and staff perform medical services at least reasonably?  Why shouldn't they be held responsible for their misdeeds?

I'm fine with the concept of personal responsibility.  But consistency demands that we hold doctors, manufacturers, and hospitals responsible when their negligence causes injury.

Stossel says that "this kind of fear doesn't make Americans safer."  No, but the people, through their lawyers, holding manufacturers, doctors and others responsible for their negligence or defective products has made us safer. 

Oh and by the way, when the conservatives bitch about big media being liberal, take a look at Stossel and his bully pulpit.  He's touting the straight Republican tort reform -- and anti-Deocratic ticket -- line.

John Stossel: give me a break.

Friday, July 23, 2004

I don't care where you are on the ideological landscape.  You've got to check this out.   It's a hoot!

Tuesday, June 22, 2004

In the Techno-Geek category, here's a cautionary tale.

CompUSA was selling a DVD-Recorder for what seemed to be a very good price -- $199, after rebate. It was the Lite-On, model LVW-5001. I took a chance and bought one. I spent $50 extra [25% of the purchase price, mind you] to buy what the CompUSA folks said was a replacement policy. That is, if it breaks within the 2 year period, they will replace it with the same or like model.

I took it home and spent an hour putting it into my TV system. Dead on arrival.

Next day, I took it back. They said they had 3 in stock, but when they went to get a replacement, it turned out that 2 were also defective, and the only other one was a refurbished model. Did I ask for my money back? Did I run screaming from the store? No, and more fool I. I took the refurb.

This one worked, but had two funny characteristics. One, it overheated and failed on may functions. Checking the relevant message board, I found that thse models, unbelievably, do not have either a cooling fan or a heat sink! I also found that the color balance on recorded material was off. I had to adjust my hue and color depth to get a decent picture.

I went into the CompUSA store a week later, described the problems, and was advised to wait a couple of weeks, and then use my warranty plan to get a replacement. Because the 5001 was discontinued, I would get bumped up to the next Lite-On model, the 5005. OK.

I talked to the Tech Support gal a week later, just before my 14 day return window expired. She said to wait a week and then come in and get the replacement. OK.

Last Saturday, I unhooked the sumbitch and took it in. After waiting 45 minutes, I had the new model. And a cash register that said I owed them an additional $218! Turns out the replacement plan only applies my purchase price toward another unit, if that unit is more expensive. It appeared irrelevant that I had a deal with the Tech Suppor gal; besides, she denied having the arrangement with me to replace the 5001 with the 5005. I threw a fit, and after 15 more minutes, they refunded my money. So, I got my money back, but I've got a hole where a DVD-recorder ought to be.

Moral: beware of these replacement plans. They usually do not provide what the sales people say that they provide. Also, beware the bait and switch, because that's what I think was happening. They make the deal with you, and then make you wait, and then finally give you the new unit, and...surprise, it's more money! I'll not do business as CompUSA again, unfortunately.