FA+
Shop
New Year Thoughts for 2014
12 years ago
General
It has, in past years, been a tradition of sorts to write up a New Year journal. I have indeed been negligent for a few years past, but alas, life sometimes gets in the way. So, in trying to get back to a bit more even keel, I wanted to try and write something for this New Year, a few days belated though it might be.
Last year was a very trying year. Forgive me that I must start off with a rant.
I have been recalibrated to the fact a “Court of Law” is not about the law at all, or any rule or even case-law. Due to the judges having “broad discretionary authority”, they can do pretty much whatever they want, because it suits them, regardless of the Rules of Civil Procedure, the Rules of Judicial Procedure, the laws themselves, the Constitution, or the guidance and direction of the higher courts. So, I now know first hand why the US Legal System is the total laughing-stock of the world: because the criminals/violators of law have more rights than their victims, because the judges simple don’t give a f**k. They don’t care what they do, or who they hurt, or the ramifications of their decisions, and they have too big of egos to be able to back down from their f**ked up decisions, even when the facts/rules/laws/guidance have been put in front of them. And, of course, whether it be a “crooked attorney” or a “crooked judge”, is doesn’t really matter either. The Bar deals with “discapline” of attorneys. There are, indeed Rules of Conduct, but the Bar is attorneys who are handling the complaints and “investigations” about other attorneys, and the Good Old Boy Network is alive and well. Same for judges. The handling of complaints and investigations are by other judges, and here too, the Good Old Boy Network is golden. It is the classic case of “Who Watches the Watchers?” I won’t bash my State of residence, as I know this is the case in every State in the Union. This is a US-wide problem. Now, having said all that...
Yes, I am well aware that not ALL attorneys are “crooked”, and there ARE some judges on the bench who care about what they do. My point here is they are in the vast minority, which is, quite bluntly, pathetic. The legal system was intended to be a remedy for those who have been harmed in some way by another, whether that be physical injury or violations of law which result in financial or other kinds of damage. In an Ideal World - if such thing really exists - a Court should be about the FACTS and the EVENTS and how both of those have harmed the persons who have raised the concerns. But reality is far, far different.
Instead, the judges have twice the case-load which anyone could reasonably handle, which means they don’t read anything for themselves. They let the attorneys “argue” everything, and in the end, both said attorneys argue the extremes, usually with a “bias” slant - I’ll refrain from calling it “out-and-out-lies” - when the facts and events lay somewhere in the middle, and therefore, never get seen at all. If either party is not present for a hearing, then the facts and events become utterly irrelevant, and the party present gets whatever they asked for, no matter how absurd or unreasonable or entirely unjust, or if what they asked for is diametrically opposed to the law or case-law. The law (or case-law) doesn’t matter. Say it with me now! “The Law doesn’t matter!” Why? Because the judges don’t care.
On the good side, I have discovered that even with judges who don’t care, there are mechanisms in place to circumvent these issues. On the down-side, that such mechanisms exist is saddening because of their sheer necessity. Again, Ideal World scenario: judges follow the law/rules/case-law, and everything is fine. Reality Check: judges do whatever they want, forcing parties to appeal those bogus - yes, I used the word very purposefully! - decisions to the next higher court, which then further clogs up an already overtaxed system, usually with those bogus decisions being reverse/overturned, when logically, if the judges had just done what they were SUPPOSED to do to begin with, there would have been no need for the party to waste addition time and money to fight further.
So, last year was wrought with tribulations a plenty, mostly stemming from an eternally broken and IMHO “unrepairable” legal system. I wrote Motion after Motion, citing fact, case-law, law, Rules, etc, etc, and all were denied. Why? Usually, no reason given. Denied, because they CAN. Some of you familiar with the legal system are thinking “Recusal”, right? Ayup! Tried it. Exceeded the criteria even. But it didn’t matter. Why? Because the judges are ruling on their own behaviors. Conflict-of-Interest? I think so! So, seven Motions to Recuse... Yes, that’s right, SEVEN. Denied. All seven. Why? Because they CAN.
So, this year, I have appealed the case to the appellate court by way of the only mechanism I had left (at least that I know about), which is Petition for Writ of Mandamus. I filed my petition, with 40 pages of fact and argument and citation, and another 300 pages of exhibits in support of the arguments, including thirty pages of citations to case-law and precedence. I paid my fees, and now am once again at the mercy of a defunct system, trying to get someone to just READ the FACTS. I must admit, I have no faith remaining that the legal system actually “works” in protecting anyone (except the wrongdoers). But I nonetheless await anxiously to see what the appellate court does with my Petition. If there is ANY logic or reason within the legal system, I truly hope it finds its way towards my case and cause.
Let me shift now to a brighter side, which is and will always be my animals.
Drifter, the cougar, will be 15-years-old in just a short while (March) and he is slowing down a bit. He still does his territorial roams throughout his little territory. He is a lot less social than he was as a youth. But I take great joy and pride that he still come up to me as he always has, and tries to lick my arms bloody, as he always has, and still gives me those priceless gifts of his quiet purring.
He had a challenging year. One of his back molars essentially “died”, which then got infected and abscessed. The good news is, the antibiotics were able to knock out the infection, which dropped the swelling to minimal, and then the vet was able to remove the molar with no problems. The adventure was in having to knock Drifter down, package him up, and haul m to the vet’s office where they could do the proper surgery. In the end, Drifter came through just fine, and was right back up and eating the very next day like nothing at all had happened.
On one side, my heart is troubled, as such things as “slowing down” and abscessed teeth are issues of “old age”. On the other side, the stark reality is Drifter’s kind in the wild live for about 8-years, and Drifter is nerly twice that now, for which I am immeasurably grateful. Drifter has, over his life, brought me immense joy, peace, and contentment. I have tried, where possible, to do the very same for him, but I leave him to be the judge and jury.
Macumba, the leopard, will turn 11-years-old, also in March. He hasn’t changed much. He is still a leopard in that he snarls and growls at anyone and everyone except his Chosen One (aka me). He is playfully boisterous whenever I see him, and still likes to bite-bite-bite. Thankfully, he rarely draws blood. Cats and their “Love Bites”...
Macumba is in good health, and his only real problems are his being very picky about food and the vegetation in his little territory. He is not very fond of chicken, which is the primary staple for the facility he is at, so the care-givers there indulge me and my dear spotted-son, and buy pork for him, which he likes very much. It’s a lot more expensive, but he’s worth it. Macumba is, for the first time every, just a little on the “chubby” side. But as their feeding and movement behaviors change a lot in the winter months (versus summer months) I expect he will slim back down quickly as he becomes more active.
As for my own life, not much has changed. I still am a civilian engineer working for the US Navy. I still spend half my life underway and at-sea with te very same Navy. I still bounce all over the world in support of the Fleet. Sadly, with the continued budget crunches, in someone’s infinite wisdom, training is always the first to go, leaving he typical Fleet sailor rather ill-equipped to do even the most basic functions of their jobs. So, by virtue of the sailors not knowing “how”, I will have a job for the rest of time. Teaching them the hows and whys of their jobs now falls on my shoulders, as they are not getting adequate training elsewhere.
I reach this year with both some mixed feelings. In April, I will pass the benchmark of 20-years of service with the US Navy. Truth be told, the time had truly flown by. It was just yesterday, when I remember clearly, signing on the line, and becoming a Service Member. In 2002, I hung up my uniform for the last time, and for 12 more years, have been privileged to have much the same duties to the Fleet and the great people of this Nation, but with the bonus of wearing civilian attire instead of a uniform. I am honored indeed that I can work side-by-side still, with the many volunteers who still protect our country and our freedoms, even if I must now only help them in their endeavors; it is now my place to assist them, as the duty to protect now resides entirely with them. But still, I will do my small part in helping them in their tasks.
As some of you know, I have, since 2007, been stationed in the Norfolk VA area, far, far away from my home. This year, an Amphibious Readiness Group (big-deck LHD and two support ships LPD & LSD) will change homeports and be relocated to Mayport FL. I am currently at the top of a very short list of engineers who could be selected to go down and support that group. If I am selected, then I can return home at last, which means I can once again see my “kids” every weekend, instead of every few months as it has been for 7-years now. I am hoping for the best. If I am selected, then I should return home in December ‘14, and assume my duties as Lead Afloat Engineer for Mayport in Jan ‘15. No bonus in pay, but being home and being able to see my “kids” every weekend will be a joy!
This year, I think, will continue to be a challenge. My current group (I’m on a CVN) will deploy in the next few months for a nine-month cruise. It will be my 14th deployment in 20-years. I am hoping to turn my legal case around, and if the budget permits, hire an attorney which s much needed (but hasn’t been in the budget). My truck (dualie F350 for those who don’t know) is deceased by way of the junk engine which Ford put in the 2003-2007 model years (6.0L diesel). The only remedy appear to have is to pay for the repairs, and “bullet-proof” things by replacing all the known defective parts which caused that model engine to fail (supposedly, 65% of those engines dies at 100k miles or less; yes, there were multiple lawsuits over it), which will be about $5,000 on the low end.
I hope that each of you and yours is alive, well, and in good spirits. As always, I give my fondest wishes for you in this New Year, and I hope your goals and dreams come to fruition, whatever they might be.
Most Respectfully and Sincerely Yours,
ShastaCat
Last year was a very trying year. Forgive me that I must start off with a rant.
I have been recalibrated to the fact a “Court of Law” is not about the law at all, or any rule or even case-law. Due to the judges having “broad discretionary authority”, they can do pretty much whatever they want, because it suits them, regardless of the Rules of Civil Procedure, the Rules of Judicial Procedure, the laws themselves, the Constitution, or the guidance and direction of the higher courts. So, I now know first hand why the US Legal System is the total laughing-stock of the world: because the criminals/violators of law have more rights than their victims, because the judges simple don’t give a f**k. They don’t care what they do, or who they hurt, or the ramifications of their decisions, and they have too big of egos to be able to back down from their f**ked up decisions, even when the facts/rules/laws/guidance have been put in front of them. And, of course, whether it be a “crooked attorney” or a “crooked judge”, is doesn’t really matter either. The Bar deals with “discapline” of attorneys. There are, indeed Rules of Conduct, but the Bar is attorneys who are handling the complaints and “investigations” about other attorneys, and the Good Old Boy Network is alive and well. Same for judges. The handling of complaints and investigations are by other judges, and here too, the Good Old Boy Network is golden. It is the classic case of “Who Watches the Watchers?” I won’t bash my State of residence, as I know this is the case in every State in the Union. This is a US-wide problem. Now, having said all that...
Yes, I am well aware that not ALL attorneys are “crooked”, and there ARE some judges on the bench who care about what they do. My point here is they are in the vast minority, which is, quite bluntly, pathetic. The legal system was intended to be a remedy for those who have been harmed in some way by another, whether that be physical injury or violations of law which result in financial or other kinds of damage. In an Ideal World - if such thing really exists - a Court should be about the FACTS and the EVENTS and how both of those have harmed the persons who have raised the concerns. But reality is far, far different.
Instead, the judges have twice the case-load which anyone could reasonably handle, which means they don’t read anything for themselves. They let the attorneys “argue” everything, and in the end, both said attorneys argue the extremes, usually with a “bias” slant - I’ll refrain from calling it “out-and-out-lies” - when the facts and events lay somewhere in the middle, and therefore, never get seen at all. If either party is not present for a hearing, then the facts and events become utterly irrelevant, and the party present gets whatever they asked for, no matter how absurd or unreasonable or entirely unjust, or if what they asked for is diametrically opposed to the law or case-law. The law (or case-law) doesn’t matter. Say it with me now! “The Law doesn’t matter!” Why? Because the judges don’t care.
On the good side, I have discovered that even with judges who don’t care, there are mechanisms in place to circumvent these issues. On the down-side, that such mechanisms exist is saddening because of their sheer necessity. Again, Ideal World scenario: judges follow the law/rules/case-law, and everything is fine. Reality Check: judges do whatever they want, forcing parties to appeal those bogus - yes, I used the word very purposefully! - decisions to the next higher court, which then further clogs up an already overtaxed system, usually with those bogus decisions being reverse/overturned, when logically, if the judges had just done what they were SUPPOSED to do to begin with, there would have been no need for the party to waste addition time and money to fight further.
So, last year was wrought with tribulations a plenty, mostly stemming from an eternally broken and IMHO “unrepairable” legal system. I wrote Motion after Motion, citing fact, case-law, law, Rules, etc, etc, and all were denied. Why? Usually, no reason given. Denied, because they CAN. Some of you familiar with the legal system are thinking “Recusal”, right? Ayup! Tried it. Exceeded the criteria even. But it didn’t matter. Why? Because the judges are ruling on their own behaviors. Conflict-of-Interest? I think so! So, seven Motions to Recuse... Yes, that’s right, SEVEN. Denied. All seven. Why? Because they CAN.
So, this year, I have appealed the case to the appellate court by way of the only mechanism I had left (at least that I know about), which is Petition for Writ of Mandamus. I filed my petition, with 40 pages of fact and argument and citation, and another 300 pages of exhibits in support of the arguments, including thirty pages of citations to case-law and precedence. I paid my fees, and now am once again at the mercy of a defunct system, trying to get someone to just READ the FACTS. I must admit, I have no faith remaining that the legal system actually “works” in protecting anyone (except the wrongdoers). But I nonetheless await anxiously to see what the appellate court does with my Petition. If there is ANY logic or reason within the legal system, I truly hope it finds its way towards my case and cause.
Let me shift now to a brighter side, which is and will always be my animals.
Drifter, the cougar, will be 15-years-old in just a short while (March) and he is slowing down a bit. He still does his territorial roams throughout his little territory. He is a lot less social than he was as a youth. But I take great joy and pride that he still come up to me as he always has, and tries to lick my arms bloody, as he always has, and still gives me those priceless gifts of his quiet purring.
He had a challenging year. One of his back molars essentially “died”, which then got infected and abscessed. The good news is, the antibiotics were able to knock out the infection, which dropped the swelling to minimal, and then the vet was able to remove the molar with no problems. The adventure was in having to knock Drifter down, package him up, and haul m to the vet’s office where they could do the proper surgery. In the end, Drifter came through just fine, and was right back up and eating the very next day like nothing at all had happened.
On one side, my heart is troubled, as such things as “slowing down” and abscessed teeth are issues of “old age”. On the other side, the stark reality is Drifter’s kind in the wild live for about 8-years, and Drifter is nerly twice that now, for which I am immeasurably grateful. Drifter has, over his life, brought me immense joy, peace, and contentment. I have tried, where possible, to do the very same for him, but I leave him to be the judge and jury.
Macumba, the leopard, will turn 11-years-old, also in March. He hasn’t changed much. He is still a leopard in that he snarls and growls at anyone and everyone except his Chosen One (aka me). He is playfully boisterous whenever I see him, and still likes to bite-bite-bite. Thankfully, he rarely draws blood. Cats and their “Love Bites”...
Macumba is in good health, and his only real problems are his being very picky about food and the vegetation in his little territory. He is not very fond of chicken, which is the primary staple for the facility he is at, so the care-givers there indulge me and my dear spotted-son, and buy pork for him, which he likes very much. It’s a lot more expensive, but he’s worth it. Macumba is, for the first time every, just a little on the “chubby” side. But as their feeding and movement behaviors change a lot in the winter months (versus summer months) I expect he will slim back down quickly as he becomes more active.
As for my own life, not much has changed. I still am a civilian engineer working for the US Navy. I still spend half my life underway and at-sea with te very same Navy. I still bounce all over the world in support of the Fleet. Sadly, with the continued budget crunches, in someone’s infinite wisdom, training is always the first to go, leaving he typical Fleet sailor rather ill-equipped to do even the most basic functions of their jobs. So, by virtue of the sailors not knowing “how”, I will have a job for the rest of time. Teaching them the hows and whys of their jobs now falls on my shoulders, as they are not getting adequate training elsewhere.
I reach this year with both some mixed feelings. In April, I will pass the benchmark of 20-years of service with the US Navy. Truth be told, the time had truly flown by. It was just yesterday, when I remember clearly, signing on the line, and becoming a Service Member. In 2002, I hung up my uniform for the last time, and for 12 more years, have been privileged to have much the same duties to the Fleet and the great people of this Nation, but with the bonus of wearing civilian attire instead of a uniform. I am honored indeed that I can work side-by-side still, with the many volunteers who still protect our country and our freedoms, even if I must now only help them in their endeavors; it is now my place to assist them, as the duty to protect now resides entirely with them. But still, I will do my small part in helping them in their tasks.
As some of you know, I have, since 2007, been stationed in the Norfolk VA area, far, far away from my home. This year, an Amphibious Readiness Group (big-deck LHD and two support ships LPD & LSD) will change homeports and be relocated to Mayport FL. I am currently at the top of a very short list of engineers who could be selected to go down and support that group. If I am selected, then I can return home at last, which means I can once again see my “kids” every weekend, instead of every few months as it has been for 7-years now. I am hoping for the best. If I am selected, then I should return home in December ‘14, and assume my duties as Lead Afloat Engineer for Mayport in Jan ‘15. No bonus in pay, but being home and being able to see my “kids” every weekend will be a joy!
This year, I think, will continue to be a challenge. My current group (I’m on a CVN) will deploy in the next few months for a nine-month cruise. It will be my 14th deployment in 20-years. I am hoping to turn my legal case around, and if the budget permits, hire an attorney which s much needed (but hasn’t been in the budget). My truck (dualie F350 for those who don’t know) is deceased by way of the junk engine which Ford put in the 2003-2007 model years (6.0L diesel). The only remedy appear to have is to pay for the repairs, and “bullet-proof” things by replacing all the known defective parts which caused that model engine to fail (supposedly, 65% of those engines dies at 100k miles or less; yes, there were multiple lawsuits over it), which will be about $5,000 on the low end.
I hope that each of you and yours is alive, well, and in good spirits. As always, I give my fondest wishes for you in this New Year, and I hope your goals and dreams come to fruition, whatever they might be.
Most Respectfully and Sincerely Yours,
ShastaCat
The first of these boxes was the soapbox, where people agitate for change.
The second was the ballot box, where people could effect that change.
The third was the jury box, which was supposed to be the final check on the first two.
The late Congressman Larry MacDonald was the first to opine all too often, that third box fails worst of all.
In such cases, he felt that there was actually a Fourth Box of Liberty, namely the ammo box.
I am a firm believer in the Soapbox. People should have the right to be heard, although, I admit, sometimes what people say is not worth listening to, but alas, the Freedom of Speech is a double-edged sword.
The ballot box can only function where those utilizing it are rational, logical creatures, who have the ability to think and reason for themselves, and make choices based on fact. Alas, 96.43% of the population of the US do not fit into this category, and vote based on issues such as skin color or who will enact the most welfare benefits for them to utilize. "Sheeple" is the most viable description of this being.
The jury box, I think, is still a powerful mechanism of modern society, although it too (especially in the latter years) is subject to the same fallacies and pitfalls as above, as unfortunately, Sheeple become jurors as well. Many times, the attitude of "It's a big corporation; it can deal with a large payout." becomes the norm over (dare I use the term!) Common Sense, which should reasonably override the typically foolishness of multi-million dollar settlements from someone spilling their recently purchased coffee onto themselves, and then blaming the seller for the coffee for having been too hot. Another unfortunate side here is that cases - even "legitimate" ones must manage to get through the "filters" of the judges to actually end up in trial, and those filters are far from any form of reason or logic IMHO. I suppose the simplest (and perhaps most accurate) way to say it is, like jurors, judges too come from the ranks of Sheeple. Fact, reality, and common sense are in short supply when it comes to Sheeple, or the "Courts of Law" where they reign supreme.
While there are many definitions and implications to the "ammo box", it is the daunting reality that in most cases, because "reason" and "logic" has never been applied to the situation, and indeed /can't/ because Sheeple are immune and impermeable to such concepts, then "armed revolt" tends to be the only remaining, viable option. I have seen war in one form or another for most of my 20-years of naval service. I know by that experience war is a brutal and horrible thing. But with that horror is, perhaps ironically, a powerful mechanism for change. Even the grand beginnings of the United States were brought about from war. Years later, the US was again reforged in the fires of the Civil War. I cannot say I approve of war as a mechanism for change, as I feel strongly that reasonable, rational beings should have the ability to come to equally reasonable and rational solutions without the need of violence, but again, the Sheeple syndrome applied here as well.
As long as people subscribe to the "Me-me-all-about-me", "I am special!", and "That Rule doesn't apply to me" attitudes, then the ammo box will indeed be the only box which will remain functional. And that is truly a sad and pathetic testament to our "society".
Thank you for your comment, Wotan. I hope you and yours are well in this New Year.
Why?
Logic and rational thought are not taught in the US Educational system (except as an off-to-the-side “odd study“ for Philosophy students) due to the very real possibility of students (and later voters) using those very same mental disciplines in thinking to discover and point out the flaws and illogic rife in that system.
Without logic and rational thought as part of the educational system is it any wonder that the US is graduating fewer and fewer scientists and engineers? It does, however, produce more psychiatrists and “feel-good” gurus (preaching “you are special” and Self-Love and Self-Gratification are the first two Social Commandments) than any other nation on earth?
As the French King Louis XV supposedly said, “Après moi, le déluge” (“After me, the deluge").
No. Nor can they be. Logic and rationality aren't something you can teach as some kind of independent subject. People want to make the right decisions, and they generally have the natural ability to do so if they have the necessary information. Rationality is an innate human quality that's developed and empowered by knowledge. If you don't agree, I recommend talking to homeless people.
True, there are non-innate but teachable cognitive skills that help -- for example, it's good to practice writing essays to support a point, and it's a hell of a lot easier to make sound social decisions about terrorism if you're familiar with the availability heuristic. And you can very occasionally make a more cogent argument by referring to modus ponens or pointing out someone's Fallacy of the Excluded Middle. But generally speaking, these things aren't even vaguely, remotely, faintly as important as being literate, knowing basic arithmetic and probability, having some awareness of one's context in history, making sense of a federal budget, or being able to spot bullshit about ecology or human physiology.
Give a smart person an understanding of how the world works, and they can do 90% of the logic and rationality for themselves. Conversely, if you take a fuckwit and try to explicitly teach them "logic" and "rationality", then you'll still end up with a fuckwit, except that it'll be a deludedly smug self-important fuckwit.
Okay, I lied a little. There's some place for teaching logic and rationality. But it comes a long, long way after making sure you've fixed the problems with teaching reading, writing, arithmetic, history and science.
Criminals hurt people.
John hurt David.
Therefore John is a criminal.
ILLOGIC
Criminals hurt people.
John hurt David.
John is not a criminal because he is homeless.
GIGO
*gnawgnawgnaw*
*Well played!*
But the thing that worries my nipples off, is when people regard it as a way of preserving liberty against systemic threats within a society. (As in armies not burglars.) In that case, it's not a bastion of liberty; it's a bloody great Reset button that you can press when liberty is gone and there's nothing left but to break it all down and start from scratch. And of course, the raw material you have to build from afterwards is exactly the people who let the society go to pot in the first place, traumatised by whatever degree they've experienced of violence and societal breakdown, and seasoned by the types of personality who're most likely to be successful in an armed insurrection.
So I hope to hell that America succeeds in holding itself up. But you know what? -- I have a certain modest confidence in you lot over there across the Pond. You may have more than your fair share of brainwashed fuckwits, religious psychotics, and inbred banjo-playing sociopaths, but an astonishing number of you also have a largeness and generosity of spirit that's truly extraordinary to us Yurpeens, and the funny thing is that I'm not sure many of you even realise it. But that right there, if anything, will be America's salvation. Even if, meanwhile and God help us all, it comes down to bullets.
It's lovely and in some cases poignant to see how your cats are doing. I do truly love hearing stories of Drifter, and I very much hope that you're granted more time to be with him in his gentle twilight years.