Monday, May 2, 2016

Audrey - Your grandfather's NATO

For saving the West from the Warsaw Pact in the 1970s (a slight hyperbole), I received the Distinguished Alumni Award for Community Service from my undergraduate Alma Mater.

In the 1970s, France was not a part of the Military Structure of NATO and there were only about 11 member nations.  Newly elected President Carter launched his NATO Initiative.  General Alexander Haig, Jr., USA, was in command of Supreme Allied Command - Europe.  He was SACEUR.

I was a part of the "shadow support" for Task Force 6 - the command, control, and communications (C3) task force.

During the 1969-1971 RETRENCHMENT, I learned to write my resume.  {At this time, I envisioned going to Oxford or Cambridge, purchasing a book related to a field [X] with a famous professor [Y] not on the bottom floor, going to a room under the famous professor's, briefly studying my book, and then updating my resume to include "studied X under Y".}

Some people think that their are only two geographical areas:

1) Inside the DC Beltway, and
2) Outside the DC Beltway.

This provides no way of distinguishing the left (West) coast of the US.  Some of them think they are the top of the heap.

Some people use the following categories:

1) California cabal
2) Inside the DC Beltway,
3) Not 1) or 2)

My task officer and I did go to the University of Michigan.  We met with Dr. Daniel Teichroew of Problem Statement Language/Problem Statement Analyzer (PSL/PSA) fame.

Auerbach Reports said that only the top 15% of analysts could use PSL/PSA.  I liked it because it could handle VERY HIGH LEVEL input.






Tuesday, April 19, 2016

Turning 30 - Past, Present, and Future

In the past, when you turned 30 your were a nobody unless you had won the Nobel Prize in Physics.  Thirty was getting very close to when you had to have a mid-life crisis.

At present, the Baby Boomer cohort has made several changes as they pass through.  Life now begins after 40.  Levis have a scouch more room.

In the future, you will have to be 70 to run for President of the United States.  Franklin Roosevelt proved that you could be president for as long as you wanted.  Harry S Truman proved that anybody could become President.  Dwight David Eisenhower proved that the country didn't need a president until Barack Obama provided such a convincing counterexample.

At present, the United States Constitution is considered a living document.  The 35 years in the Founder's document should be reinterpreted as a mature adult.  Ronald Reagan was elected as a mature adult.  Donald J. Trump qualifies on age.  Senator Cruz should not be expected to be much more mature than Barack Obama.

Thursday, April 7, 2016

Child Custody under SB 668

The child-custody provisions of SB 668 put parents on equal footing during child-custody determinations. Existing law declares a vague public policy that each minor child have “frequent and continuing contact” with both parents after they separate or divorce. What this public policy means can vary from judge to judge.

The bill replaces the vague policy, with a requirement that courts begin a custody determination with the premise that a child should spend “approximately equal time” with each parent. The court must then take into account a child’s best interest by considering 20 statutory factors that are based on current law. Finally, the bill requires courts to explain their child-custody determinations in writing.

The changes to the child-custody law are driven by well-known societal changes. For example, there are more two income households than ever.[1] Women are more likely than men to have a college degree, and women are pursuing more graduate degrees than men.[2] Forty percent of households with children have a female breadwinner, a dramatic increase since 1960.[3] Additionally, fathers have become more active in raising their children.[4]

Unfortunately, many incorrect statements and specious arguments have been made about what SB 668 says and how the bill will affect children and custody litigation. The remainder of this document identifies and responds to the common misstatements and specious arguments.



[1] Kim Parker, Pew Research Center, 5 Facts About Today’s Fathers (June 18, 2015) available at: http://www.pewresearch.org/fact-tank/2015/06/18/5-facts-about-todays-fathers/.
[2] Executive Office of the President of the United States, Eleven Facts About American Families and Work 10-11 (Oct. 2014), available at: https://www.whitehouse.gov/sites/default/files/docs/eleven_facts_about_family_and_work_final.pdf .
[3] Wendy Wang, Kim Parker, and Paul Taylor, Pew Research Center, Breadwinner Moms (May 29, 2013) available at: http://www.pewsocialtrends.org/2013/05/29/breadwinner-moms/.
[4] Parker, supra note 1.

Thursday, March 31, 2016

Did Jupiter Police have a choice?

Thanks to Joe Biden and the funds that have been channeled through the Violence Against Women Act (VAWA), Jupiter police had little choice but to charge Corey Lewandowski with battery.

Under Florida Statute 784.03, the crime of misdemeanor battery is committed when a person either:

1.     Intentionally touches or strikes another person against their will; or
2.     Intentionally causes bodily harm to another person.

The video is highly suggestive that Corey Lewandowski touched Michelle Fields against her will.

Florida Family Law is badly in need of reform.  SB 668 has not yet been signed into law by Rick Scott.  Two years ago, Rick Scott did not sign a related bill.

Tort reform was in fashion until the lawyers got hold of Barack Obama.  Our criminal justice system needs reform.  Our Family Law system needs reform.

I don’t think a jury of Corey Lewandowski’s peers would convict him of even simple battery.  I recommend to Corey and to Mr. Trump that they not waive the right to trial by jury.
The web describes defenses against battery.  These include implied consent as in athletic contests.

Saturday, March 12, 2016

Benefits of a Living Constitution


  1. The Federal Government via the Supreme Court can address the problem of the day.
  2. The Federal Government can adapt the Constitution to modern technology.
  3. Barack Obama will need to wait about 15 years until he is dry behind the ears and old enough to run for President.
"The Warren Court" was an example of #1. 


The Warren Court refers to the Supreme Court of the United States during the period when Earl Warren served as Chief Justice from 1953 to 1969.  Warren replaced the deceased Fred M. Vinson and was replaced by Warren Burger.
Warren led a liberal majority that used judicial power in dramatic fashion, to the consternation of conservative opponents. The Warren Court expanded civil rights, civil liberties, judicial power, and the federal power in dramatic ways.
The court was both applauded and criticized for bringing an end to racial segreation in the United States, incorporating the Bill of Rights (i.e. including it in the 14th Amendment Due Process clause), and ending officially sanctioned voluntary prayer in public schools. The period is recognized as a high point in judicial power that has receded ever since, but with a substantial continuing impact.
Prominent members of the Court during the Warren era besides the Chief Justice included Justices William J. Brennan, Jr., William O. Douglas, Hugo Black, Felix Frankfurter, and John Marshall Harlan II.


The Federal Government support for the internet may be an example of #2.

The internet can be considered the email equivalent of "snail mail's" post roads  (Article I, Section 8).

Tuesday, March 8, 2016

Veterans Affairs

On December 8, 2008, U.S. President Barack Obama announced he would nominate retired U.S. Army general, Eric Shinseki, to be the 7th Secretary of Veterans Affairs. He was unanimously confirmed by the United States Senate on January 20, 2009.  General Shinseki resigned as Secretary of Veterans Affairs on May 30, 2014, making deputy secretary Sloan Gibson the acting secretary. On June 29, 2014, President Obama nominated Robert A. McDonald to serve as VA secretary. The United States Senate confirmed McDonald on July 29, 2014.


How does Eric Shinseki differ from Barack Obama?  Eric K. Shinseki was born on Nov. 28, 1942, in Lihue, which is located on the Hawaiian island of Kauai.
WASHINGTON, March 4, 2015 – Sen. Bernie Sanders (I-Vt.) was honored tonight with the Veterans of Foreign Wars prestigious Congressional Award.
At a ceremony in the Senate’s Kennedy Caucus Room, Sanders said he was “extremely honored” by the award presented for his eight years of service on the Senate Committee on Veterans’ Affairs, including his time as the panel’s chairman during the last session of Congress. He remains a senior member of the committee.
VFW National Commander John Stroud noted that Sanders played a leading role in winning passage last year of major legislation to improve health care services at the Department of Veterans Affairs. 
The nation’s largest service organization of combat veterans said Sanders “has been a commanding voice”  fighting to preserve benefits for disabled veterans, for the proper care and treatment of women veterans, homeless veterans, for better employment opportunities and improved access to mental health programs. The VFW also lauded Sanders for increased congressional oversight that resulted in improved claims processing by the VA. 
“It is no understatement to say that Sen. Sanders has taken care of wounded, ill and injured veterans and their surviving family members,” said the VFW’s Stroud. “When the VA imploded last year, he was the lead negotiator for the Veterans Access, Choice and Accountability Act, which the president signed into law last summer,” he added.
“The VA still has an uphill climb to fix what’s broken, to hold employees appropriately accountable, and to restore the faith of veterans in their VA, but veterans everywhere should be proud and comforted to know that this United States senator has their back in Congress.”

Lewis William Walt where are you when we need you?

Sunday, February 21, 2016

Open letter to Barack Obama

Since the 1980s, the President has been in charge of enforcing the Flag Code in the District of Columbia and at military installations.

The Flag Code is available at https://www.gpo.gov/fdsys/pkg/USCODE-2011-title4/html/USCODE-2011-title4-chap1.htm .

The flag should be flown at half-staff for an Associate Justice of the Supreme Court, a member of the Cabinet, a former Vice President, the President pro tempore of the Senate, the Majority Leader of the Senate, the Minority Leader of the Senate, the Majority Leader of the House of Representatives, or the Minority Leader of the House of Representatives: from the day of death until interment.