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Question 5
Elgin Hushbeck Reply to Question 5
Joel Watts Reply to Question 5
Elgin Hushbeck Question 5 Response 1
Second Reply Set (Both Joel Watts and Elgin Hushbeck)
Q1.) We seem to be in agreement concerning the current functioning of the jury systems, but I am not clear exactly what you mean by “The Jury system must be reworked so that a jury of peers is just that, a jury of peers. Again, an empirical metric must be established to examine and then set forth peerage.”
A1.) Peerage is not a group for males for a male who is being tried. We must look at socio-economic and other factors in determining peerage. My concern is the oftentimes prejudices we bring to bear when we are confronted with decision making situations. Admittedly, I might be less likely to believe someone who was a Tea Party member or a Christian fundamentalist. I would hope that I could be fair, but I would rather have this prevented.
Q2.) A significant problem is the ability of individual citizens to file lawsuits in order to enforce public policies or statues. Such suits are easily exploited to harass and delay, and thus can be used to block legal activities by making them too costly to pursue. In addition this transfer’s the enforcement power from the government to the individual, which is a return to vigilantism and thus a weakening of the rule of law. (Note if you agree with this, it would probably be better to change to a different qu
A2.) I am not sure I would agree easily with this. I believe the individual, with whom the representative part of this representative democratic Republic lies, must have the power to enforce policies where such enforcement is lax. Otherwise, we would not have segregation challenged, nor in many cases, the constitutionality of certain laws ever decided.
Q3.) You said that “Justice is not the amount of money received, but whether or not the cause of the tragedy is averted to prevent the accident from happening again.” I have frequently heard trial lawyers claim that the large awards act as a deterrent, and such suits have affected the behavior of manufactures to make products safer, and if nothing else they entertain us with wacky warning labels. More to the point, would a result that completely eliminated the possibility of reoccurrence, but did nothing for the victim be justice?
A3.) Justice is not retribution, so yes, justice is the elimination of a reoccurrence as much as possible under the law rather than any award given to the victim in damages. I am not against the awarding of damages, but these are rarely deterrents in any meaningful sense.
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Question 5 Response 1 – Joel Watts – Reforming the Penal System
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Question #5
What would you do to reform the U.S. Justice and Penal System?
That’s pretty broad but we’ll see how it goes!
Reply by Elgin Hushbeck, Jr.
Reply by Joel Watts
Elgin Hushbeck, Jr. Response #1
Joel Watts Response #1
Second Reply Set (Both Joel Watts and Elgin Hushbeck)
Elgin Hushbeck, Jr. is author of Energion titles Evidence for the Bible, Christianity and Secularism, and Preserving Democracy.
Joel Watts is co-editor of and contributor to Energion title From Fear to Faith: Stories of Hitting Spiritual Walls.
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Question 5: Reforming the Penal System – Joel Watts
Link to Question #5
Link to the response by Elgin Hushbeck
Link to the previous entry in this series (The President – A Debate)
What would you do to reform the U.S. Justice and Penal System?
The Justice System:
Unfortunately, to kill all the lawyers would be a terrible injustice; yet, we must understand that in many ways, our civil justice system has become a get-rich quick scheme.
One of the things we must work on, especially in the realm of restitution, either criminal or civil, is a metric whereby punishment or awards are meted out not on a case by case or judge by judge basis, but in accords to an agreed to system whereby it is objectively considered. If a metric is established, judges will have to treat all fairly.
The Jury system must be reworked so that a jury of peers is just that, a jury of peers. Again, an empirical metric must be established to examine and then set forth peerage.
In regards to the civil litigation/tort reform. I, for one, roundly support tort reform and would allow for something of a loser-pays rule, as long as it can be ruled that such case was brought with malice to exhort rather than an attempt at justice.
But, in civil cases, we must seek to change the philosophy of what is justice. This is not the point of this post; however, justice is not the amount of money received, but whether or not the cause of the tragedy is averted to prevent the accident from happening again.
The penal system:
There are no single issue, or first steps, to tackle. Therefore, I will state areas of focus.
The first is to overturn most, if not all, of prohibition laws and establish a review procedure for those who are currently incarcerated under first offenses. Ideally, those who were prosecuted only under prohibition would be released but those prosecuted under prohibition and other crimes, such as violence, would see their sentences likely reduced.
The second is to rid ourselves of the private prison industry. Period.
Along these lines, we must remake prisons into centers of rehabilitation. By this, I mean prisoners should be treated as if they owe a debt to society, rather than society owing them a debt. If at certain levels crimes are committed, the retention of rights is tenuous. While I support a small amount of education afforded to inmates, especially to bring them up to at least a high school level, most things in prison should be earned. Prisons should not create products, such as prison industries, but instead allow the inmates to turn their work into self-sufficiency. In other words, the bare minimum of goods and services needed to run the prison should be imported from outside the prison walls. This includes food.
Likewise, prisons should include some sort of social programs designed to transform the inmate into a member of society. Sentences should be given fairly, with some sort of metric designed to keep justice truly blind. Further, sentences should have as their end result (unless it is life) a release of a citizen, not a dependent.
I support the complete eradication of the death penalty.
I support a three-strikes-and-you’re-out rule for most crimes, although I’d settle for one strike for violent crimes. -

Question 5: Reforming the Penal System – Elgin Hushbeck
Link to Question #5
Link to Joel Watts’ Answer to Question 5
Link to the previous entry (The President – A Debate)
What would you do to reform the U.S. Justice and Penal System?
When it comes to the legal system, given its current condition I cannot really call it a justice system, one thing that I hope all would agree with, is that it is broken and in desperate need of repair. It has many parts from the criminal and civil courts to the penal system. None work well.
The courts are important because at the core of our country is the rule of law, and this core is seriously threatened. The rule of law has many components but at its heart is the idea that we have a government of laws, not the arbitrary decisions of a ruler. Yet the law has become such a complexity of vaguely written laws that in many respects the arbitrary rule of a king has been replaced by the seemingly arbitrary rule of judges, or the whim of a jury.
Given all the problems, the search here is not so much to find the best system, but to find the least bad one. To do this we must seek a system that is grounded in justice both for the accused and for the victim, for the lowliest person and the largest corporation.
When it comes to civil cases, the biggest problems are the costs and time involved. Many people know of companies and individuals who have settled a suit even when they firmly believed that they were correct, because going to court and winning would have cost more than to settle.
One option would be to institute some sort a loser pays rule, where the losers have to pay some or all of the other side’s legal bills. This would certainly end most suits whose primary focus is to delay and/or harass. However it would also end a number of very legitimate suits where the outcome is in real doubt. So perhaps some sliding scale could be applied from 0-100% that would take into account the merits of the suit.
Unlike criminal suits that require evidence beyond a reasonable doubt, civil suits are settled on a preponderance of the evidence basis, i.e. whichever side has the most evidence in their favor. So perhaps a scale that takes into account the relative merits of the case, and the number of suits filed in the past. For a person that brings a suit where the evidence was very closely matched on both sides and this is the first suit they ever brought, no costs would be awarded. For a case that was brought on flimsy grounds, and the person had filed lots of suits in the past, 100% of the costs would be awarded.
As for lawyers who are paid by a percentage of the award, that should be capped, particularly in cases of class actions. I cite examples in my book of cases like the Netflix case were the lawyers were paid millions, and supposed “victims” got some free rentals.
When it comes to criminal cases, while it would take a constitutional amendment, one thing I think should be given serious consideration is professional jurors. The current jury system is badly broken. Sure, most people take their obligation very seriously, but far too much depends on the ability of the lawyer. Just ask yourself this question: If you are falsely accused of a crime, do you really trust 12 people picked from the jury pool to determine your fate?
This cuts both ways, from those who give the benefit of the doubt to the prosecutor and assume the accused must be guilty, to those who assume the accused must be innocent because they did not have CSI style evidence. Then there is the question of what is beyond unreasonable doubt to those who are fundamentally irrational? After all, even the wackiest of ideas has 10% who will believe, but it takes only 8.3% to hang a jury.
I would also say that there should be a different penalty mechanism for evidence obtained illegally. Currently evidence obtained illegally is excluded. Why? The purpose of a trial is not to make sure the guilty has sporting chance to get away. It should be to ascertain whether or not a person is guilty. If a person is set free because evidence obtained illegally was excluded, then where is the justice for the victim?
Finally there is the general issue of the interaction with government. We would (hopefully) complain if someone from the government could just fine someone several thousand dollars without benefit of a trial. But what is the difference if they can essentially force the same person to spend several thousand on a lawyer to protect yourself from a baseless charge?
This just happened to an acquaintance of mine. Two people from government saw no problem, but for some reasons a third did, and went after them with a vengeance, even calling them at 2:30 AM. When they did get before a judge he ruled that there was no basis for the complaint, but gave the government 30 days to see if they could come up with anything else. So much for innocent until proven guilty! But then why not? There is no impact on the judge or on the government bureaucrat for an additional 30 days. But this effectively means another 30 days of harassment and additional lawyer’s bills, all of which is putting a tremendous strain on him and his family.
Finally there is the penal system. This is a very complex and difficult issue. One factor is that given the problems with the courts there is a sort of game here where most people have pleaded down to lesser charges so both sides could avoid a trial. This makes things like separating violent criminals from non-violent ones more difficult. Is a person who committed a violent crime but who pleaded down to a non-violent offense a violent criminal? But this is certainly a place where we could use some innovative approaches and Chuck Colson’s Prison Fellowship would be a great place to start.
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The President: A Debate
Elgin:
With the Benghazi scandal, the IRS scandal, the EPA scandal, and now the AP scandal, in addition to Fast and Furious, is the President really Barrack Millhouse Obama?
You may want to turn off right-wing noise for a while.There is no EPA scandal. We don’t know what AP is yet – but Bush did this and worse. The Fast and the Furious and Benghazi are cooked up GOP “scandals” but Rep. crook, or as you may call him Issa.
Elgin:🙂
“There is no EPA scandal” is that why the head of the agency resigned and the current appointment is in touble?
“We don’t know what AP is yet – but Bush did this and worse.” And you do not see a problem with this statement? In any event this already goes well beyond anything that Bush may have done.
As for Bengahazi, it is just a fact that the President, and Hillary lied for weeks after the event. He lied about it again just today in his news conference. The 12 versions of the talking points show there was an active coverup. The real questions are what is it that they are covering up. Why didn’t Hillary ever call Hicks back and just where was Obama?
As for Fast and Furious, it has been established that the initial letter of explanation given to Congress by the Justice department was clearly false, which is why they tried the unique response of trying to ask for it back. But you do not get a do over when you lie to Congress. The question is how was this letter prepared and who was involved? It was at this point that Obama invoked Executive Privilege, after claiming it was, … wait for it… wait for it… low level people. The problem is that if it was only low level people, then executive privilege does not apply, and since it involves lying to Congress, it would not apply in any event, as Nixon found out. But that is working its way through the courts.
And I notice that you skipped the IRS scandal, no wonder, given that they have admitted it, though again we are assured that it was only “low level people.” We shall see, hopefully.
Granted, it is always hard with people on your side does something wrong. But our committment should be to the truth.
She is also in trouble because she would not answer the questions posed to her. As for no one crying foul over Bush, yeah, like the dems were giving him a pass on everything… You would have to give me a specifics, vague claims will not cut it. But in any event attempts to write off bad behavior by pointing to others is irrational.
If you think that my characterization of Benghazi is false, then where is it in error? It is just a fact that for weeks following the event the administration blamed this on a video. He even alluded to that again today! They are on tape and this is simply undeniable. It is also a fact that the video, despite their claims, had nothing to do with this. Now in theory this could have been the results of a mistake, but it is also clear that Benghazi was seen as an attack by those involved right from the start and this was reported to Washington within two hours. Since Hillary was involved in the 2:00 AM call she would have known.
So while in theory, this could just be gross incompetence, that simply is not credible, particularly given the editing of the talking points. Thus it is blatantly obvious that they said things that they knew were false, which in my book means that they lied. So again, just where am I going wrong? Are you really going to try to claim that they did not say the things they are on tape saying? Are you going to try and claim that it really was caused by the video? As you may remember, I questioned this explanation right from the start. Nor can this be written off on Fox news and conservative news sources. Not only is it logically flawed, it is not even true. Consider Jonathan Karl’s report on the 12 revisions of the talking points. Honestly, would you characterize those changes as stylistic?
Just today the President said in his news conference “The day after it happened, I acknowledged that this was an act of terrorism.” Sorry, but he didn’t, and this was just one of many divergences from the truth in his comments. The day after he generically labeled both Egypt and Libya as “acts of terror” and in an interview on 60 minutes later that day, he he explained why he deliberately steered clear of calling it terrorism.
Frankly even if he had, then why did Ambassador Rice a few days later on the Sunday Shows blame this on a video? Why did Hillary blame the video in the ceremony when the caskets arrived? Why did Obama do this a week later and then at the UN two weeks later? This is the point that Tom Brokaw made.
And besides the lies, the questions remain. Who changed the talking point from true to false and why? Why didn’t Hillary ever call back? And just where was Obama? It would seem that the 3:00 AM phone call of Hillary’s commercial happened, and the President was MIA? Who gave the orders to stand down and why? What really happened that night?
As for your theory about Nixon, let’s just say I have a different memory. But Nixon committed obstruction of Justice. In the investigation it was a Republican that asked probably the most important question. When it became clear that Nixon had broken the law, Republicans went to the White House and demanded that he resign, as they should have. If he had not resigned, he should have been impeached and convicted. That is the record that Republicans have when the evidence becomes clear concerning one of their own. To be clear I do not know of anything that Obama has done that should lead to impeachment. Nor would I want that. I would hate to think of a Biden Presidency. To date except for the IRS and F and F, these are policy scandals that show gross incompetence and mismanagement.
As for F and F, until his claim of Executive Privilege there was no direct tie to Obama himself, and frankly I think he probably did this more to protect Holder than himself. However, there is no doubt that the letter the justice department gave to Congress was false and lying to Congress is a crime.
And the IRS story, while a crime, it is too new to know where it will lead. But you are correct, the scandals are multiplying so quickly that it is hard to keep up with them all.
Joel:
No, Elgin — again, you repeat the time, tired right-wing talking points of the valiant Republican Congress and their effort to rid this country of the vile black guy, I mean, President, in the White House. But, in reality, as soon as the announcement was made, the GOP who had formerly supported her turned against her. Did you know she answered 1079 questions? Let’s be honest, here — the GOP blocks nearly every appointee the President is currently making. I can’t say 100% because I’m sure there is the lone example of someone making it through the process, but the GOP has taken this chance to derail the President and to abdicate their Constitutional duty. This has nothing to do with the lack of five questions, but the fact that she is appointed by the President.Regarding Benghazi. He alluded to the video today, but not in an effort to pin the cause of the attack on it, but because he said it was a mistake to do so. You do not want an all powerful government, and I understand that — but you seem to want a government that is all knowing and without error. They have since recanted the video excuse, doing so shortly thereafter. To continue to bring it up makes my point that this is a political campaign with no real new facts known. Further, even the former SectDef, a GOP appointee, has said the facts of the story as known now and admitted to shortly there after, are correct. I mean, look at the Speaker of the House and his demands for the White House to release those emails! Of course, everyone on the planet who could have the emails has them — except the Speaker because he didn’t show up to the meeting. Even Bill O’Reilly and Bill Krystal can see through this latest garbage. The fact that you mention Hillary now tells me you are driven by the same right-wing agenda. Not of truth, or the fact that four Americans died and that everyone including the President has said we can and must do better — none of this matters, no does it matter that we are taking steps to prevent this. No, what matters is preventing Hillary Clinton from running for President in 2016. This scares the right-wing far more than anything else.So, to imply that this is actually a scandal would require you to not only ignore the facts, but to demand people in the government be infallible.Your memory doesn’t serve the facts well. While we didn’t know then what we know now, the facts remain what the facts are. This isn’t a theory.Like your insistence something was done in FandF that hasn’t actually been proven, your allowance without ANY known facts that the IRS issue is a crime shows a willingness to place guilt upon the President even without facts. Listening to Scott Hodge this morning, the same guy who heads the Tax Foundation, was rather enlightening. He said there is no crime, that the IRS pushed the law to its fullest but most likely didn’t break it and if they did, didn’t break it en masse. Further, given the groups who were targeted, it seems like the IRS was diligent, if to a fault. What might be helpful, given that the IG hasn’t released its report (you know, IG, part of the Federal Justice Department) and Congress hasn’t investigated it yet — it might be helpful if you, as an American citizen living under the rule of law, a law that says innocent until proven guilty, would not assume a crime has been committed, and not be so willingly as to suggest it is an impeachable offense.Come now, Elgin, what secret knowledge do you have that, before the facts of the case are fully known, you can say it is a crime?Come now.Let me ask you a question, if you don’t mind.Can you name a few good things you like about this President? Do you believe anything this President says?
Elgin:Labeling evidence that conflicts with what you believe as “right-wing talking points” is not quite the same thing as a refutation. Nor is creating straw man arguments and motives.
As for McCarthy, her supporters may consider the issue trivial but her opponents do not. Many conservatives see the EPA as out of control and that it has serious transparency issues. Granted they might be wrong, but that is what they believe. Thus as Senator Vitter recently said, “after President Obama four years ago promised the most open and transparent administration in history, unfortunately, the landscape since then is a landscape of completely broken promises in that regard. And EPA is the single worst example in terms of an Obama agency. Email scandals using private email accounts, completely improper under federal law and practice, using fake names, clearly something used to avoid transparency and avoid information getting out, FOIA requests regularly being frustrated, complete lack of transparency and information with regard to the release of scientific data and studies that are supposedly behind their regulations, sue and settle agreements which are often negotiated in a very secretive, behind closed doors way with allied, left-leaning environmental groups. So it’s a clear pattern of lack of transparency. And that’s what we’ve been talking about and demanding answers and changes to in terms of this Gina McCarthy nomination.”
You can claim that this is just “right-wing talking points” but that is not a refutation. As for your claim that Republicans are blocking “every appointee the President is currently making” that is somewhat hard to sustain given that they have already approved about 60 this year, with 84 currently outstanding out of the 1264 appointments since he became President.
Concerning Benghazi, I liked how you cherry pick your way around my arguments, avoiding the actual examples of lying on the part of the President I laid out. I read through the Media Matters defense, but it also was at best selective. It also seemed, at least to me, to be trying to use Obama’s statement “act of terror” as if it were a reference to terrorism, and imply the mentions of the video were aimed at “”spark[ing] outrage through the Muslim world.”
None of that actually addresses the actual points I made. Nor does it answer the questions that I asked. BTW, related to this, the Washington Post gave Obama’s statements at the News conference four Pinocchios, and this reflects on the Media Matters defense. As for your citations of O’Reilly and Kristol, they were on a commercial about Benghazi, not the scandal itself. I do not watch Fox, but Kristol’s actual views on Benghazi are somewhat different than you portray. He said after the hearings, in reference to the administration, “…that the brazenness of the lying, if I can just use that word, is really, I don’t know, it’s shocking.”
And so the questions remain. Who changed the talking points from true to false and why? Why didn’t Hillary ever call back? And just where was Obama? Who gave the orders to stand down and why? What really happened that night? Instead we effectively get, nothing to see here, these aren’t the droids you are looking for, move along, move along.
As for Vietnam, frankly I am not sure what you are even talking about, but perhaps that is a topic for a future discussion.
As for your claim that noting has been proven in F and F, a lot is known. We know the administration allowed thousands of guns to go to the Mexican cartels. We know that hundreds of people were killed with those guns including Border Patrol agent Brian Terry. It is known that the letter sent to Congress by the DoJ concerning this was false and misleading. We know that lying to Congress is a crime. Currently further investigation is blocked because of the Presidents claim of executive privilege, which is at best strange since he earlier claimed he had nothing to do with this. So which is it?
As for your claim that my, “allowance without ANY known facts that the IRS issue is a crime shows a willingness to place guilt upon the President even without facts.” I would make couple of points. First when I wrote, “the IRS story, while a crime, it is too new to know where it will lead” did you miss the last part of that sentence? I had already said that “I do not know of anything that Obama has done that should lead to impeachment.” So just how did you get from this that I was accusing Obama of a crime in regards to the IRS story? Particularly given that in context what I was pointing out with these comment on F and F and the IRS, was that there was nothing implicating Obama that would lead to impeachment.
Finally, at the time I wrote my reply it was already being reported that the IRS had illegally sent information to liberal activist groups, and this was what I was referring to in my statement about it being a crime.“Can you name a few good things you like about this President?”Sure, granted there has not been a lot, but I thought his efforts in education early in his first term were a step in the right direction, and frankly I wish he had pushed that a bit harder. Also, while I certainly have some differences I think that his early efforts in Iraq and Afghanistan were good, and over all I would give him a C, though that had been declining in recent years.
BTW, it is worth noting that while there has been some criticism of Obama on the War over particularly policies and actions, there has been nothing like what we saw among Democrats and Bush, which runs counter to the claim that Republican opposition to Obama is just about him, not policy.
But still my disagreements with him far overshadow the few agreements.
“Do you believe anything this President says?”
There are some things, but not a lot. Part of the problem here is that I have taught critical thinking for many years and I listen very carefully what is said. Often Obama doesn’t actually say anything. On a teleprompter, reading a speech, Obama can soar to great heights of rhetoric. Off prompter he frequently stumbles with a lot of ahs and ums. Most of the time both are devote of actual substance, or so full of qualifications, and ill-defined terms that nothing is actually said. This is not unusual for a politician but Obama is a master at it.
It was one of the problems I had with him in the first campaign for President. For example, he ran on hope and change! But what hope? What Change? When you get right down to it much of what he says are grand and noble sounding words, but most of the time he leaves it to his listeners to fill in the blanks. So hope, become my hope, change becomes the changes I want. I think that this is one of the reasons why polls show that people do not like the things he has done, such as Obama care, but they support him.
When he does start to address policy, most of the time he sets up a false dichotomy and simply portrays his opponents as straw man, and then cast his position in terms of the consensus position, where the only objections are politically based. It sounds good, but it is devoid of reality. At other time he just invents things on the fly, such as his claim that doctors would amputate a foot to get the money.
Bottom line: I do not see a whole lot there. He is constantly in campaign mode, and leaves a lot of the actual governing to others. Thus for example, during the debate over Obama care, he complained about how people distorted his bill. Yet he did not have a bill and the things he claimed were distortion often were in the bills being considered in Congress.
BTW, on a side note, I came in to a meeting today a little early and one of the contractors was saying how his wife was just cut back to part time because of ObamaCare and how he could not find anyone who would quote a policy past January, because they expected huge increases, but were unable to determine what the requirements and thus costs would be. He was not sure what they were going to do, because they just bought a house, and depended on his wife’s job for health care. Personally, I think Baucus was right, this is going to be a train wreck.
Joel:I “call ’em as I see ’em.” They are right-wing talking points. For instance, immediately, when these “scandals” broke, the right-wing started talking impeachment. You send this email with “Barack Millhouse Obama”. Further, Note your words regarding “act of terror” as somehow different than a terrorist act. This is the same line Rep. Issa said hours before your reply. You are, in fact, even if you don’t know it, repeating right-wing talking points. To go further, you quote David “I have sinned” Vitter.Here’s the thing about the EPA, and I am as cautious here as possible. Your argument resides on anecdotal evidence. It doesn’t matter if all conservatives see something, if what they see is manufactured. It is a manufactured issue, pure and simple. Vitter is a liar.Regarding Benghazi – I sent more than Media Matters. Further, have you seen the timeline? Your statements do not reflect knowledge of the actual timeline, Elgin. As I have sent more than just Media Matters, I would encourage you to read through everyone of them. The fact remains, the timeline as covered by everyone does not reflect the current politicization of the event. While Bill and Bill are commenting on a commercial, this is still the main goal of the current round of events. Unless you watch ABC, which has admitted they lied about the emails.I rather enjoy the fact that people are so worried about rough drafts and speculation over office paperwork rather than how to solve the problem of Americans dying. In other words, this is a political event, and I pity those who see it as anything else.You did write: “the IRS story, while a crime, it is too new to know where it will lead.” You called the IRS scandal a crime. What crime? Do you have proof? Or, are you simply getting your information from Rush again? The IG report states several interesting things, namely the White House is not involved, but fails to mention any crime. Not only that, but the Tea Party groups weren’t the only ones targeted. Reports do not a crime make.I would suggest you breathe before you accuse anyone of criminality. And, turn off the right-wing propaganda machine.
Elgin:
I have no doubt you “call ’em as I see ’em.” If I did, there would be no point to this discussion. My point however is that such labeling is at best empty rhetoric, and at worst fallacious reasoning. I could just as easily, and just as accurately label most of your messages left wing talking points. But that something is a left or right wing talking point does not make it wrong. But you seem to use the phrase ‘right-wing talking point’ as a reason to reject something. If so, this is irrational, as it is a form of ad hominem attack, something that is pervasive in many of your replies.
As for “Note your words regarding “act of terror” as somehow different than a terrorist act.” This is not just a right wing talking point is just true by definition. While all acts of terrorism are acts of terror, not all acts of terror are acts of terrorism. Any doubt about this was removed in the 60 minutes interview the day after the attacks when Steve Kroft and the President had the following exchange about the President’s use of “act of terror.”
KROFT: “Mr. President, this morning you went out of your way to avoid the use of the word ‘terrorism’ in connection with the Libya attack.”
OBAMA: “Right.”
So for Obama to come back now and try to say that he did call it terrorism at the time, is just another lie as he deliberately avoided that label.
As for the header of my email, I think there is a clear parallel to Nixon, both in the number, the breath of the scandals and in the type, particularly using the IRS and other organizations to go after political opponents. This is the Chicago machine moved to Washington. But while you are correct that some on the right have started talking impeachment, I did not, but instead explicitly rejected such claims in my reply.
We disagree on the EPA, but given your position, I will just leave it at that, as I do not consider it fair to press you when you are clearly limited in your ability to respond, and it is not as if we don’t have a lot to discuss.
Concerning Benghazi, I have seen several timelines, and they are pretty damning of the administration. Here is one from factcheck.org. So you would have to be a bit more specific. As to your other articles, I did read them. I think Capehart’s comments at best reveal a complete lack of understanding of what is at issue here. It was not just that Rice’s and the administrations comments were “later deemed to be incorrect.” It has been clearly established that it was known within the administration within 2 hours of the start to the attack that the administration line they pushed for two week’s was incorrect.
As for Gates comments there are a couple of facts that raise significant doubts. 1) There were the forces commanded by Lt Col Gibson already in Libya that wanted to help but were told to stand down. 2) The conflict went on for at least seven hours. Woods and Doherty died towards the end. In the middle of the attack it simply was impossible to know how long it would last. The siege in Iran lasted 444 days. So there was no way to say if forces would or would not get there in time. 3) There have been claims that just a fly over would not have helped. Maybe, maybe not, but in his book Damn Few, written before any of this controversy Navy Seal Rorke Denver recounts an event where a flyby by jet without ordinance did disrupt an attack.
Bottom line you still have yet to point out any problem with the points I made. We know what they said. We know what they said was wrong, and we know that they knew it was wrong while the fighting was still in progress. Nor have you answered the questions I asked. Though realistically you can’t because only the administration knows, and they are not saying, and the leads to the question of why? Why did they lie for weeks ? Why are they covering up now?
As for the IRS, as it continues to expand and unfold, so do the allegations of illegality. Bottom line: it is illegal to disclose tax records. It is also illegal for government official to withhold information from Congress, both of which have been pretty clearly established. We can quibble about a lot of details but Mike Kelly summed up the issue pretty well.
You are right in that we now know that it does go beyond the Tea Party, and includes a wide range of Obama critics. But do you really think it is legitimate for the any Government agency to ask about the details of prayer meetings? And it seems like it might go well beyond the IRS. When True the Vote applied for tax-exempt status in July 2010, not only did they get the special treatment that have been document form the IRS, but they were suddenly started receiving visits from the FBI, ATF, and OSHA. Nor, does it seem that they are an isolated example.
Finally, I would point out that this is not the first scandal I have seen and whatever you think of the details, I think Jim Geraghty summed up the situation pretty well last week in what has come to be called the Geraghty rule when he wrote:
“When there is evidence of scandalous or bizarre behavior on the part of a political figure, and no reasonable explanation is revealed within 24 to 48 hours, then the truth is probably as bad as everyone suspects.”
Nobody withholds exculpatory information. Nobody who’s been accused of something wrong waits for “just the right moment” to unveil information that proves the charge baseless. Political figures never choose to deliberately let themselves twist in the wind. It’s not the instinctive psychological reaction to being falsely accused, it’s not what any public communications professional would recommend, and to use one of our president’s favorite justifications, it’s just common sense.” -

Featured Post: Dancing with God on Trinity Sunday
Here’s some highlights from this delightful reflection on the Trinity:For the Trinity to truly have value for my faith experience, it will have to be more than a philosophical construct. There has to be a living engagement with the triune God. Although there is the problem of gender particularity in the traditional formula of Father, Son, and Holy Spirit, I haven’t found an alternative that brings personal engagement. Other formulas focus on roles, not personality. Whatever formula we choose to embrace, the point is – God is not simple. God is complex and ultimately ineffable. Perhaps it’s appropriate that we find it difficult to adequately define God as Trinity, but if Christ is the center of our faith, then we must delve into this belief to make sense of our relationship with God through Christ.
and
The reading closes with the verses that inspire the idea that God is a Dancing Trinity. The Common English Bible brings out this sense more clearly than the NRSV.I was having fun, smiling before him all the time,Frolicking with his inhabited earth and delighting in the human race. (vs. 30b-31).
I take this reference to be a key to the intimate and dynamic nature of God. God the Trinity is not Aristotle’s “Unmoved Mover.” God isn’t the disinterested Creator of Deism. God is the Dancing Trinity, who in the form of Wisdom, likes to have fun, who smiles, and frolics with the inhabitants of earth. Can you get your head around this image of the God who loves to play?
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Watts – Question 4 Reply 2 – Income Inequality
Question 4
Hushbeck Answer to Question 4
Watts Answer to Question 4
Hushbeck Question 4 Reply 1
Watts Question 4 Reply 1
Hushbeck Question 4 Reply 2
1.) I want to touch on something, something of a fallacious nature. The former President’s attempts at cutting the capital gains tax did not do us good, but actually hurt us. This is roundly recognized as harmful. And as we can see, austerity as a philosophical issue is dead in the water thanks to the bungling of the economists who proposed it.
In regards to the proposition of the Fair Tax – I have personally advocated for a while the use of the Flat or Fair Tax system with built in progressive safeguards for such things as food and basic necessities. I believe here we could find some form of agreement because we can both turn to fact, rather than outmoded economic date often used to support Bush-era tax cuts.
We must equally separate risk from latent reward. By that, I mean we should have a tax system that is neutral on risk, or money invested, but opposed to rewards not earned either through labor or risk. While we may allow that a billionaire still invests money, what risk is there at that level? This is why I would rather see a tax on investment transactions rather than on rewards.
2.) What you call a false premise is not, it is just not your premise. If there is limited good, then to have more good, one must take good from someone else. One cannot generate more land, power, or real wealth, only the false security of money. Look at this way. Power is limited, which is why the Founders moved it from one man, the monarchy, to the hands of a few. Power was divided to prevent the assumption of one government branch over another. Land and real wealth is the same way. Yes, we generate more money, but is this wealth? Hardly.
3.) Great, we agree somewhat the role Government play in business is to encourage competition which will itself encourage choice. I want to focus on that.
What happens when there is no competition and thus no choice? What then is the Government’s role in ensuring that competition can be reborn? -

Hushbeck – Question 4 Reply 2 – Income Inequality
Question 4
Hushbeck Answer to Question 4
Watts Answer to Question 4
Hushbeck Question 4 Reply 1
Watts Question 4 Reply 1
Watts Question 4 Reply 2
(The numbered questions were posed by Joel Watts to Elgin Hushbeck. See links above.)
1) I find it interesting that you would describe the rate in poverty from the end of WWII to present as “highly selective blips.” However the biggest problem your argument faces is that it runs contrary to the facts. U.S. census data shows that the percentage of the population in poverty declined from 22.2 percent in 1960 to 15.0 percent in 2011. In fact the data shows exactly what I claimed. Most of the decline occurred in the early 1960s, and since then the rate has fluctuated between 11-15% range. As for the 1990 welfare reform, the average rate for the 10 year prior to the law was 13.9 percent while the average rate for the 10 years following the law was 12.2 percent. So your claims simply do not match the actual data.
As for your claim that “The ‘market based solution’ in the 1990’s created the market based problem in the last decade” again, that is simply false. As I detail in the last chapter of Preserving Democracy, the current problems stem from two factors: the first was the housing bubble, and the second was the re-imposition of a depression era account rule in Nov 2007, which when combined with the economic down turn resulting from the bursting of the housing bubble devastated the economy until it was hastily repealed in April of 2009, but by then the damage had been done.
Neither of these factors were anything close to a “market based solution.” In fact they were quite the opposite. As I detailed in Preserving Democracy a key driver in the housing bubble was government intervention into the financial markets to pushing lenders to provide less restrictive loan terms. This was combined with quasi government organizations such as Fannie Mae and Freddie Mac which demanded that a large percentage of the loans they underwrote be from high risk groups. So it was not market based solutions, but government intervention that was behind our current problems.
2) We simply have different understandings of what is happening in Europe. For decades I have seen those on the left point to Europe as the model of socialism and one that we should follow, while I and other has seen the problems growing and maintained that what Europe was doing could not be sustained over the long term. Now that Europe is in crisis, it is actually quite funny, in a sad sort of way, to see the problem being blamed on “unrestrained capitalism” as if Europe has secretly been some sort of bastion of capitalism run amuck and is only now coming to is socialist senses.
3) Well you claim that “wealth, like energy, cannot be created” is a clear difference between us, and frankly from my perspective it reveals a fundamental misunderstanding of how the economy actually works. Your comment that “Attempts at increasing the amount of wealth leads to inflation” leads me to believe that you are conflating wealth with money. Wealth is found in the goods and service created in a country.
Increasing wealth is not inflationary. In fact it is at times deflationary. For example, it is well known that when Rockefeller entered into the oil business, he brought to it a considerable amount of innovation and reform that produces a lot of wealth. What is not as well know is that he did this by cutting the cost of kerosene from well beyond the reach of most people down to something that they could afford, thereby vastly improving their lives in the process.
On the other hand, increasing the money supply beyond what can be supported by the amount of goods and services can increase inflation. This is, I believe, what is so worrisome about our current policies. The Fed has triple the monetary base in order to pump up the economy, leading to much of the growth in the stock market. The Fed thinks that as the economy beings to grow that it will be able to manage this before inflation can really kick in. Perhaps they can. But having lived through the stagflation of the 1970s I have very little faith that the Fed will now be able to do what it has never been able to do in the past. Frankly, I think it I is a very real question as to whether what we are seeing is the beginning of real economic growth, or the beginning of inflation as the two are very similar. -

Watts Question 4 Reply 1 – Income Inequality
Question 4
Hushbeck Answer to Question 4
Watts Answer to Question 4
Hushbeck Question 4 Reply 1
(The numbered questions were posed by Joel Watts to Elgin Hushbeck. See links above.)
1) You claim that “While many are coming out of poverty… there are many more who are going into it.” While given the recent ecomonic problems this is undoubtedly true for last few years, it is hardly true if one takes a longer view, and certainly conflicts the statistic cited by Brooks of the unprecedented decline in poverty around the world. For another example, in the US poverty declined steadily from after WWII to the mid 1960s when Johnson launched the war on poverty, and which point the decline halted and poverty actually rose slightly until the late 1990s when welfare reform move away from redistribution and towards more market based solution, at which point poverty declined again. How do you account for these facts?
It is difficult to argue against such highly selective blips. However, one must first understand what poverty is. What we need to do is to discuss the United States and its rise in poverty during the last few decades. What are we seeing?
We are seeing an increasingly smaller group of people at the very top who own more with the remainder group owning less. Further, in the 1990’s, laws were put into place that first benefited the ownership society but has now shown to have created a false economy. The “market based solution” in the 1990’s created the market based problem in the last decade.
2) You cite Europe as an example, but European governments have faced growing fiscal problems in recent decades. In my book, written before the recent economic problems I cited the growing problems in Europe as a reason we should not follow their example. The more successful, such as Germany, have been moving more towards market based solutions while others are on the verge of collapse. They seem to be either moving away from the very policies you advocate or are collapsing. Why should we adopt the policies that are failing in Europe?
This is a bit of a strawman. What I said was, “As we see in Europe, free market systems are sometimes controlled, and the better controlled, the more rewarding it is for their economies (German, for example).” It is well noted that the increase of capitalism has caused the problems in Europe. Further, as we can see, Germany is not all up for free markets without a tighter control. There is a Soziale Marktwirtschaft. So, sadly, nothing you have said in this question has an ounce of reality in it. Pure, unrestrained capitalism destroys, but Government regulated markets gives life.
3) You claim that wealth is fixed and that for the weathly to do good, they must take from the poor. If this is true, how do you account for the growth in overall wealth in the United State given the grow in population over the last 100 years? If wealth were actually fixed as you claim, then there simply would not be enough of it to go around given the growth in population and everyone would be poor. But the standard of living today is far higher than 100 years ago.
I think your mixing up some ideas here without a sound philosophical basis. First, wealth, like energy, cannot be created. It can be explored, stretched, and used. Attempts at increasing the amount of wealth lead to inflation which will correct itself. Further, I didn’t say wealth was fixed. I said there was a limited good.
For instance, when land was the ideal of wealth, the only way to get more wealth was to get more land. Then, we invented money — coins. But, this took away people’s land and other means of production — namely, land. This is the idea of limited good.
Yes, the standard of living is increased, but to what end? Wealth became more evened out. Now, we see it shrinking, pooling into just a few hands. This is why poverty and the decrease in the standard of living have occurred in the last few decades. And, you confuse standard of living with independent wealth. You remove the role government safety nets and technology have worked to increase the standard of living. -

Hushbeck – Question 4 Reply 1 – Income Inequality
Question 4
Hushbeck Answer to Question 4
Watts Answer to Question 4
Watts Question 4 Reply 1
(The numbered questions were posed by Joel Watts to Elgin Hushbeck. See links above.)
1.) We have created a tax system set against work. You noted something like this in your analogy of those who earn and those who rest, but have the same IRS value. Do you think our tax system needs to change focus and instead tax at a higher rate those who do not earn but have?
I believe that the tax system needs to change focus, but not in the way you, or the article you cite, envisions. I agree the current system is far too complex and there are far too many loopholes. I also agree that this resulted in people making decisions for tax reasons rather than for business or personal reasons. In short the tax system has become as much if not more a means of control and favoritism, than a means of raising revenue.
Thus I would support a far simpler tax system. One option would be to switch to a consumption tax, such as the Fair Tax, but such a radical change is most likely impossible, and not without risks. If we stick with an income tax, it should be greatly simplified, preferably with a single rate. The progressive nature of the code can be handled through a personal deduction shared by all.
I would also draw a distinction between money earned in wages, and money invested at risk. I disagree with the article and its implication that we should tax capital gains before they are realized. This would have a devastating effect on our economy, if for nothing else simply consider all the home owners who struggle to make ends meet suddenly being asked to come up with thousands of dollars because their their home had appreciated in value. In addition, as simply a fiscal matter, higher capital gains taxes suppress growth and so often lower revenue. As I document in my book, Bush’s cutting of capital gains taxes early in his first term, resulted in more money not less from capital gains taxes.
But for me the big difference is the issue of risk. When I work for an hourly wage, the law protects me and mandates that I get paid, as it should. The biggest risk is that I will be laid off and even then I can get unemployment. However if I earn money from an investment, not only is there no guarantee that I will ever get paid, I might even lose my investment. This is why taxing unrealized capital gains is so dangerous, as it would at times represent a tax on money that one never even had.
One other factor in all this is the issue of corporate taxes. A lot of the alleged inequality in taxes paid by the rich ignores the fact that their income is often taxed twice, once at the corporate level and then again at the personal level. But it is only the taxes paid at the personal level that are factored into these statistics.
Finally I disagree with the article that our current problems are due to income inequality. The problem is that very few people are investing. In simplified terms those with money are either seeking to grow what they have at one end of the spectrum, or they are seeking to preserve what they have at the other. Those seeking to grow do so by investing it at risk, just the type of investment that grows the economy. Currently most people and companies are very much into preservation.
2.) You say, “growing the economy end up being very wealthy. ”But, you can only take from others. Sometimes, this involves selling, but if you are “growing the economy” this usually means you are a job creator. Thus, you are taking (to use some Marxism here) from the worker who is producing your product and giving him only a little in return. So, the question is, who really grows the economy? Is it the very wealthy, or the workers who aren’t?
Your question is based on a false premise, and serious misunderstanding of economics. Wealth can be generated. The process is not just a matter taking from others, but also of giving to others something that they value in exchange. Innovations and ideals that allow the economy to perform more efficiently can generate wealth. In short the economy can grow, just like it can contract.
Still, to answer your question, while all are important, the most important are the first and foremost the entrepreneurs with the ideals and courage to start a business, and secondly those who fund them, which by necessity are normally, but not always, the wealth. Note here that I draw a distinction between entrepreneurs who take risks, and a lot of upper management, who I consider to be just employees, assuming of course they are not themselves entrepreneurs. Without entrepreneurs and the investors who fund them, there would be no jobs for the worker.
Most of the entrepreneurs I know, have had times when after paying the bills and meeting payroll, there simply was nothing left to pay themselves. And there is another key factor, which is that most businesses fail. Not only is government ill-suited to pick winners and losers because bureaucracies tend to resist anything that is new and innovative; not only will they tend to make choices for political rather than business reasons; but most investments fail and thus the odds of picking the winners are very small. This is why you want thousands and thousands of individuals trying things out, this is why it is so important to encourage investment, not penalize it.
3.) You write, “where there is real choice and competition” in regards to an economy, but to create such a force, we have to get back this idea of the free hand of the market and entertain some sort of Government control of the markets. Is this acceptable, and if so, to what extent?
Of course I think it is acceptable. I am a conservative, not a libertarian. Government has a very important role to play. However as I detail in my book, government action tends to be toward more planning and control that squelches growth rather than encourage it. Thus I found George McGovern’s comments on this matter quite ironic. After leaving government, and trying his hand at business, he commented that he never realized how difficult government makes things.
For me some key questions that government needs to ask are:
1) Will it actually address the problem?
2) What will the impact been on choice and competition?
3) What will it do to people’s lives? Not just its aspirations, but it’s actually effects.
I believe that a lot of what Government does would fail all three tests. Thus for another recent example, the Dodd/Frank banking law would not have stopped the recent financial crisis. It is particularly onerous on smaller institutions causing some to quit, and other to consolidate, and thus is reducing choice and competition. It is one of the factors holding back the economy, as the role out period will take about another decade, and there remains a lot of uncertainty as to how all the regulations will come out.
So while government has an important role to play, the role should be one that encourages choice and competition, rather seeking to plan and control.
