Archive for February, 2017

What rule of law?

Author: admin

When future historians write of these years in which we’re living, the common thread will likely be how divided – how splintered – how fractured – was our nation and nearly all political, cultural and societal relationships within its structure. How could they not?

Pick your own example for those historians. Pick a national subject like politics. Or a personal subject like religion. Pick almost any “Mom and Apple Pie” topic. You’ll almost certainly get an argument from somebody.

Divisions are open and deep. Even those who’ve been saying “Give him/them/someone a chance” have quieted down. Public debate has largely lost all tones of civility and courtesy while respect for a different viewpoint is as hard to find as truth in the White House.

No one knows how all this will shake out. But it will. Eventually.

There’s one area of our current trials of divisiveness I don’t hear much about – the subject of the rule of law. In my four score years, the rule of law has been a constant. Whatever the issue – whomever the protagonists – however divided – constancy of the law was simply taken for granted. Disrespect it – break it – ignore it – and there were consequences.

Now, our lives are filled with individuals, political entities and even government itself flouting the law and, seemingly, getting away with it.

A few years back, many county sheriffs across the country decided not to enforce any new gun laws – state or federal. They announced to all – including the federal government – that if its duly appointed agents came into the various states to enforce new laws, they’d be arrested and jailed. The rule of law? Ignored.

More recently, in Southern Oregon, Nevada, Utah, Montana and elsewhere, federal agents attempting to enforce federal laws on BLM and U.S. Forest Service lands, were faced by armed civilians who wouldn’t be moved and law enforcement backed down. In one case in Oregon, even the regional BLM office was closed and the agents transferred. Trespassing? Armed insurgence? Rule of law?

Several major cities across the country – and the entire states of New York and California – have told the President and the Department of Justice they will ignore federal orders and continue to be “sanctuaries” for illegal immigrants. Rule of law?

Washington State Governor Inslee has issued an order telling state employees not to follow federal executive orders on immigration. Oregon’s Brown is doing much the same. What of the rule of law?

There are dozens more examples. The law says one thing; local government says another. Feds say “do this” and other elected officials say “No.”

There are laws on the books of various levels of government I haven’t agreed with for years. There’ve been regulations by the pile I’ve not liked most of my adult life. Our “unfit-for-any-public-office” President has been throwing executive orders this way and that for over a month. Haven’t found one yet that seems necessary and deserving of my obedience. And he’s been flouting the law and the Constitution even as he holds elected office

But – what about the rule of law? Without it – without all of us respecting and following our laws – where is this nation heading? What will be our national future if the various parts that make up the whole of our government pick and choose which laws will be followed and which ignored?

The guy sitting in the Oval Office today has the respect of only a minority of Americans. A significant majority wants him gone. He’s the punch line of social media – the butt of comedians everywhere. He’s unsuited for his job and has surrounded himself with equally unqualified minions who seem scared to death of the guy. He’s frightened and confused heads of government around the world. Honesty, integrity, moral character and respect for the office have become victims of continual lies about everything. Then, there’s his top aide, Steve Bannon, using Trump for his own purposes.

In short, the President himself has created an atmosphere which makes respect for him and his pronouncements impossible to accept by others who are far more equal to their public tasks. Many have reached a point they can no longer accept guidance from someone so obviously flawed who represents thinking antithetical to good and proper governing. Many are refusing to obey.

The rule of law is what’s at stake here. The foundation of a civilized society and the basic precept that creates the order in which that society has its being.

We are seeing ruptures in that foundation. What future will this nation have if that foundation breaks?

Un-representative

Author: admin

REPRESENTATIVE:
“a: Standing or acting for another through
delegated authority;”
“b: …(c)onstituting a government in which the many
are represented by persons chosen…by election”

It’s no secret an “un-representative” majority of the U.S. Congress doesn’t give two hoots in Hell about what the constituency thinks or expects from their Potomac residency. Despite what the good folks at Merriam-Webster have to say.

That comes as no surprise. But, never has it been so brazenly and gutlessly demonstrated as in recent weeks as the most intellectually vacant and outrageously unfit nominees for a President’s Cabinet were paraded before congressional committees.

Even the most unbiased observer would have to admit the more egregious examples of un-representative votes in those hearings came from Republicans far more than Democrats. In overwhelming numbers, folks at home – voters who elected the un-representatives – told them how they felt on one nominee after another. And, with a consistency rarely found in politics, those elected “un-representatives” – Republicans mostly – ignored them.

It’s widely accepted that, when considering a new President’s appointees, a lot of latitude is given to the Chief Executive to have the crew he wants. Often, this means swallowing hard because of a nominee’s tenuous talents to serve in a particular post. But this batch! Front to back – top to bottom – monied fools whose “leadership” abilities stopped far short of the vaguest qualifications. One, in fact, didn’t know for two days after appointment what his new job would be – believing it was to travel the world to promote this country’s oil and gas industries. A Dallas reporter had to “‘splain it” to him.

But un-representative members of Congress bellied up to the bar to approve everyone that reached the Senate floor.

Idaho had to look no further than Sens. Risch and Crapo to find what voters wanted them to do wasn’t worth a damn. Neither would meet with constituents – wouldn’t talk to them at district offices – wouldn’t come to the phone or return emails. In fact, neither would even make public what the public said about the list of unqualified nominees. Finally, one clerk in Crapo’s employ let slip that opposition to the Dept. Of Education chief was over 95%! Still, you know who ol’ Mike confirmed. Yep, he went with the 5%.

In state after state – district after district – across the nation, members of Congress “holed up.” Wouldn’t meet – wouldn’t talk – wouldn’t be interviewed – wouldn’t answer mail or phones. Some locked office doors – doors voters pay for in federal buildings we own. It was in your face. Our face. Locked doors and unanswered phones.

One flat out lie came from un-Rep. Cathy McMorriss Rogers, the highest ranking woman in the GOP in the House whose home office is in Spokane. She told voters she’d meet last week but only two at a time since the fire marshal had written her that was the most people that could be in her office at once. “Safety,” you know. Except he didn’t write. In fact, he said her office could “safely” handle 30 people.

Two reasons for this chicken-heartedness, I think. First, lobbyists with pockets full of money. Oil and gas people turned on all the money spigots for the new EPA chief, for example. Big bucks flooded in to D.C.. Textbook publishers and private charter school companies trucked in loads of greenbacks for the most unqualified billionaire ever to buy the Secretary of Education’s job. And so it went. Voices of greed outweighed voices of voters and filthy lucre supplanted “the right thing to do.”

Second, our un-representatives – mostly Republican – are scared to death of the President. Terrified of retribution – of having a primary opponent at home – of having their continued employment ended by a guy not worthy of his own elected position. They lack the guts to do their jobs for fear they’ll be violently ripped from the public trough in an act of Trump pique.

It’s doubtful the dollars will stop rolling in. So, there’ll likely be that obstacle between voters and members of Congress until that Citizens United decision is overturned. But, the fear factor may soon be ended. Especially in the Senate. When six or eight members – enough to sway the balance of voting – decide to do what’s right, Trump/Bannon will cease to be an employment or career threat. Then we may begin to see some semblance of independence.

There’s also the possibility a numbers/reality change in that same Senate could lead to a vacancy in the White House. You can already get betting odds in Vegas and Reno on impeachment. And those odds are slipping closer to 50-50 as we go along.

However all that may turn out, there’s a lesson here we voters must not forget. While 2018 is still a ways off – and some members won’t be up for re-election even then – we must remember who the un-representatives are. We need to clearly recall that, when we needed them to do the job we gave them, they didn’t show up. When we, in large numbers, needed to talk to them about what we wanted, they locked their doors and took their phones off the hook.

We were paying them to do their jobs. Others paid them not to.

I’m a “repeat offender” when it comes to criticizing the national media. There’s so much wrong there that at least some of my anger must have some merit. This time, the whole mess of ‘em are mucking through something that will, eventually, change reporting rules and all of us as consumers.

Having been a very small part of it many years ago, I learned a lot and am happy for the opportunity – lucky to have had the experience. Maybe that’s a big part of why I use this space to rant against some of the current practitioners from time to time. “Been there. Done that.” So, when they screw up, it touches a personal reflexive nerve which brings the angry reaction. I’ve got one of those going now. But, this time it’s different. Angry AND, for once, uncertain.

Not many in today’s media crowd were around in the ‘50’s and ‘60’s when I was learning the craft. Their early training and mine are a couple of generations apart. Oh, some of the basics are still the same i.e. who, what, where, when, why and how. Still gotta have all that.

Then we -and they as youngsters – went through the Watergate era where the most prized reporting came to those doing “investigative journalism.” Woodward, Bernstein, Mike Wallace et al. Dig out the lies, confront the bad guys and make major headlines. Or a rare 10 minute “package” leading the evening’s national news. Journalism turned a sharp corner then and the “who, what, where…” guys largely disappeared. So did a lot of “getting it right” with facts before being the bearer of constantly “breaking news.” Damn, how I hate that phrase!

Now, another “sharp corner” is being turned. Labeling public officials – up to and including the President of the United States – liars. Which – on a daily and often hourly basis – he, and nearly all the appointed minions who “speak” for him, are. Without question.

Most of the “street” reporters in the national media are less than 50-years-old. Such training as they received was much different than us older types had in the ‘50’s, ‘60’s and ‘70’s. That – and Trump”s continuing, reprehensible public statements – has resulted in a very different “code of conduct” between media coverage and news makers.

Case in point: Richard Nixon. I didn’t like Nixon when he was in Congress in the ‘50’s. A liar then, just as he was in the presidency. He felt persecuted, disrespected, undervalued and cursed with being a perpetual “outsider” in Washington. All of which he carried into the White House years later.

My limited, working contact with him was usually as a weekend reporter or subbing for regular, daily beat reporters. Also had a couple of minor personal occasions to be in his presence. Each time, my innards churned with disrespect. A lot of contemporaries felt the same. But all of us – all – played our different roles professionally and – all in all – until Watergate, respectfully. If not for him, then for the office. But we knew he often lied. Big time.

Now, the next generation of reporters is faced with Donald Trump – the most unqualified, unprepared, unskilled and biggest misfit ever to hold the office of President. To that can be added his penchant for distortion and outright lying on a daily basis. And, his selection and daily use of people equally unskilled at their jobs who share the same distasteful habit of publically – and often – speaking “truth” as they see fit to create it.

Trump operated in the same dishonest manner for nearly two years of the national campaign. For a long time, he wasn’t openly challenged for his regular, daily “untruths” by a media not used to dealing with an openly confident, perpetual liar at that level.

Then, editors and others in charge of content for broadcasters and print, had to make some decisions. Should they continue to avoid or soft-pedal the daily torrent of lies and, thus, become complicit in passing them on to viewers and readers as fact? Should they employ fact-checkers and give the job of separating truth from fiction to them? Or, should they step outside the boundary of simply reporting and call the torrent of lies what they were? Lies!

Though the media is currently held in very low esteem by much of the American public, I can tell you, from experience, a lot of good scotch and considerable bourbon was consumed, a lot of sleep was lost and a lot of professional soul-searching was done by some very dedicated people. To openly challenge the voices and the blatant lies would forever change the honored – and mostly respected – balance between government officials and media. The relationship would never be the same.

The resulting decision for nearly all media has been to label this administration’s lies for what they are – lies. Not just once in awhile. Not just when the lie is a big one. Not just for spite. Not just for anybody but the President. A lie is a lie is a lie is a lie. Anytime. And anyone.

To my mind, this puts us on a whole new path. Those who persist in lying are going to be called on it – regardless of who they are. At least nationally. And the national media, once simply an institutional reporting source, has become a daily arbiter of fact.

Will this continue when Trump and his minions are gone? No one knows. But, that sweeping difference in one of our most significant national institutional relationships is what exists today.

I’m not comfortable with that. But it is what it is.

“Well, it’s all goin’ to pot,
Whether we like it or not.
Best I can tell,
The world’s goin’ to Hell,
And we’re gonna miss it a lot.”

Willie and Merle. My favorite dispensers of wisdom. And – often – reality.

When that song made the charts a few years back, we Oregonians were tinkering with the idea of legalizing marijuana. Backers had been trying unsuccessfully to get the issue on ballot before. But, in 2014, with more research and the history of other pot-legal states on the record, things seemed more in line for passage.

Those states had taken the step and survived, making the idea of recreational pot less onerous. Their histories were largely positive. Medical and social resistance didn’t seem as strong. National statistics didn’t show necessarily higher rates of crime or more bad driving being traced to pot. Even some of the voices of opposition weren’t as strident. The question of legality got to the ballot. And passed 56%-44%.

To the legislative credit of both Democrats and Republicans, the new law was carefully crafted. An experienced Oregon Liquor Control Commission was tasked with creating the first rules and taking oversight as applicants for licenses lined up in the halls in Salem.

Sales started July 1, 2015. In general terms, all the bad things that were supposed to happen haven’t. No sharp rise in highway deaths/accidents because of new pot access. No increased cases of family breakups traced to pot use. Local communities decided for themselves whether to allow sales. Some did. Some didn’t. All in all, implementation came and went and everybody went back to whatever they were doing the day before.

But – on the plus side – things have been very, very busy. For example, the number of sales outlets in the first 18 months under the new permissive law went from zero to 487! A weed-like growth spurt. You should pardon me.

And that’s not all. Oregon has also licensed laboratories, processors, producers, wholesalers and researchers. All together, 1,802 licensees in our flourishing public pot industry. All subject to paying taxes.

So, has it paid off? Well, year-to-date (December 30), the marijuana tax of 25% has brought in – wait for it – $60,000,000 for 2016! The State will deduct costs of collection – a few million. Then, 40% of what’s left will go to education, 20% drug services and mental health. The rest to drug abuse prevention and law enforcement.

By the way, this doesn’t include what counties and local communities are taking in. Each has authority to levy a local tax. Most do. And they’ve been pleasantly surprised at the size of this new largesse. Financially, everybody’s smiling.

A monthly breakdown of when the bucks flow in – and from where in our state – is also interesting. Summer is the big “selling” season. Tourists, you’d guess. And you’d be right. Largest sales numbers are generally West of the Cascades with most along the Pacific coast from Portland to the California border.

Since Washington and California also now permit recreational pot, I’d guess – given watching license plates on our highways – Idaho, Utah and Montana are “higher” now than they used to be. Montana allows medical but the other two don’t. Idaho’s western border is solidly cheek-by-jowl up against pot-legal states. Don’t look for that to change any time soon.

So, how big a seller is recreational “MJ?” The federal Substance Abuse and Mental Health Services Administration (SAMHSA) figures about 13% of us have “used” in the past three years. But, that’s just the national average.

You just know California is #1. About 18% users. But, surprisingly – at least to me – Portland has about 13.32% and Seattle 14.31%. Got a little “Pacific High” goin’ there.

Some 23 states allow recreational and/or medical marijuana use. That number will increase bit-by-bit as residents demand it and states look for more income to pay the bills. Kinda like gambling. Most legislators would rather face a constituent angry about a “yes” vote on legalized pot than one on a tax increase. Any tax increase!

Our little coastal county of some 47,000 souls has about 20 pot shops. Seems excessive but no one really knows for sure. Their products, while accessible and plentiful, are not cheap. Transactions are “cash only.” No checks or credit cards. All sales are final. No returns.

For those wondering if I’ve had a “loaded” brownie or two, I have not. We retirees need to be careful with our “disposable” dollars. Besides, I’ve got a Jack Daniels budget to consider.

You laugh? Well, there’s one more legalized recreational pot factor here. Oregon booze sales are down. Down! Looks like some of that “disposable” income has jumped the fix fence.