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May 30, 2006

Et Tu WSJ?

The Wall Street Journal has an unsigned editorial today taking issue with the search of Congressman Jefferson's office in the Capitol. The thing that stuck out to me was this paragraph that stated:

"Yet with all of this evidence in hand, the question is why prosecutors also felt the need to raid Mr. Jefferson's office in the middle of the night--the first such raid in the history of Congress…(snip snide remark about embarrassing headlines)...If they really believe Mr. Jefferson is running a criminal enterprise out of his Capitol Hill office, they could always negotiate the parameters of such a search with House leaders."

Yet the same pages report on May 28, in a signed article by Robert F. Turner:

Based upon such compelling evidence and Mr. Jefferson's refusal to comply with a subpoena to surrender key documents for eight months, a federal judge issued the search warrant that was executed in the congressman's Capitol Hill office last weekend. (Emphasis mine)

So for eight months Jefferson refused a subpoena and the House leadership was unaware that something was going on? Maybe, but I find that hard to believe. We (the People) just sentenced an aid to Congressman Jefferson to eight years relating to said subpoena. Let me hear about the negotiations or lack of them. Today's article speaks of prosecutorial intimidation, but eight months of kissing this congressman's ass speaks more of prosecutorial timidity.

There are plenty of cases where prosecutors use unwarranted or unfounded intimidation to squeeze less than substantive information out of someone, but this isn't one of them. The WSJ also accuses Attorney General Gonzales of intimidating the President. After the hell that Bush 'and' Gonzales just went through to put him in the Attorney General slot, this is either the most ungrateful and stupid sonofabitch that ever worked in government, or the WSJ is engaging in some uncharacteristic sloppy thinking. I'm not sure which idea I like least.

May 29, 2006

Gore Is Carbon Neutral

He [Gore] said he was "carbon neutral" himself and he tried to offset any plane flight or car journey by "purchasing verifiable reductions in CO2 elsewhere".

He may be 'carbon neutral,' but with all the hot air he's blowing I fear for the future of the planet. At least from this we can be sure that he's having a 'verifiable reduction' of his brain cell count. Just shoot me.

Thanks For The Normal Day

I tried to do some fitting Memorial Day posts but nothing came out well. So, I'm just going to do an update on the store here in Costa Rica. Costa Rica is an interesting country that doesn't even have a military. Although you won't hear many say it, it has a great deal to do with the fact that if any other country were to cause trouble, the US would be here in a heartbeat.

There are a ton of gringos here, as well as Euros and other folk from around the world. It's a country of 4 million people, almost half of them from somewhere else, mostly from neighboring Nicaragua. The current President is considered mainly responsible for the peace deal that settled the civil war in Nicaragua back in the eighties. It is interesting that as Daniel Ortega is trying a political comeback there, Oscar Arias is again running the show here.

The contractors are here again making a racket.


The first shot of the mezzanine is one of those sparkling quiet times (DON'T LOOK RIGHT AT THE WELDING!) between the hammering and grinding and sawing that is likely driving the neighbors crazy. The second is what has turned into a 'project' with the bathroom. We only wanted to swap out the sink and toilet, which might have taken an hour or two, but by the end of the day we had gone through a major leak and had to shut the water off to the whole building; and we're back for day two.

As there seems to be a small leak in the new piping, it looks like we'll need to shut the water off again sometime today. If I don't say anything before they try to seal up the wall, typical Tico plumbing would let the little drip go, and I'd have a perpetually humid bathroom like I used to have in three places at the house. I will also ban them from sealing it up with cement, which is another tactic to cover up any 'less than perfect' plumbing jobs that only become apparent later. Live and learn and grow mold spores.

Thanks to the men and women of the armed forces, and to those who've died, and will die tomorrow, to allow me to have this little adventure. And thanks to those who have volunteered to cover this conflict who are also at risk, and the reporters who have given their lives as well. I hope everyone else is enjoying the day as well as I am.

May 27, 2006

A Classic Gone: RIP

From the Wall Street Journal:

Ska Legend Dekker Dies
Desmond Dekker, legendary purveyor of ska, the Jamaican music known for its skittering rhythms and liquid basslines, died at his home in England of an apparent heart attack. He was 64 years old. Mr. Dekker's 1969 song "Israelites" was a Top 10 hit in both the U.S. and U.K., and though further global chart success would prove largely elusive, his influence extended to many branches of pop music. Mr. Dekker was a hero to the British punk musicians who embraced reggae's sonic palette and revolutionary imagery, and he was also a pioneer of the so-called rude boy sound, which like so much of the hip-hop music that was heralded by mid-20th century Jamaican music both celebrated and subtly bemoaned the hard knocks of street life.

Note: I've been trying to get Israelites to play here but no luck.

Update: Now it plays but I can't get the controller to show up. Well, turn the sound down for a couple of minutes if you can't deal.

Other update: I think I've got it.


Not Above The Law

Against my better judgment I'm going to weigh in on the search of Congressman Jefferson's House office. Tough luck, ladrone. The final paragraph in a Washington Post story (registration required) is the one that got me going. We'll get to that in a bit, but let me set up the argument first. There have been certain conventions of the conduct of government, that have been abided by for centuries, which enables governments to govern.

For instance in America, you just can't sue the government; you have to ask permission. Following is the closest thing I can find addressing this at this moment, but it explains the point. It's from the Texas Legislative Council Drafting Manual, not from the US Code.

SEC. 5.04. CONCURRENT RESOLUTIONS GRANTING PERMISSION TO SUE STATE. (a) Introduction. For centuries the doctrine of sovereign immunity, common to some degree among all recorded systems of law, shielded government from accountability for torts it committed against private individuals or entities. Courts and statutes have created doctrinal exceptions through which recovery against the government is possible, but the state and, to a lesser extent, its subdivisions are still immune from liability in many circumstances. The legislature by statute may waive immunity from liability and by statute or resolution waive immunity from suit in cases in which the state is alleged to be liable. It is with immunity from suit that this section is concerned.

See note below*

This refers to civil actions (torts), not criminal cases, and is generally applied to the whole government, no matter what incarnation. It also states that the government through various legal vehicles can waive this 'immunity.' (The above linked document addresses the legal form as to how to 'sue' the State of Texas.) This concept of immunity is very likely the impetus behind Section Six of the United States Constitution, which deals specifically with the US legislature, and has recently been bandied about in the news.

Section 6 – Compensation …They (The Senators and Representatives) shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place…

Notice the exceptions. (Also one may understand why Congressman Kenedy told the police he was on his way to a "vote" after crashing his car.) We are also all familiar with Impeachment. This is where the government has the responsibility to 'clean house.' From Section 3:

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

Notice again the caveat that "…the Party…shall be liable…according to Law" Except in notable circumstances, the law protects the elected Government Official from hindrance in carrying out his duties. But it doesn't insulate him from prosecution for criminal activity. At best it delays the process, and it makes sure the case is not frivolous (the main, and winning argument it seems, against removing President Clinton from office; he was however, prosecuted and convicted, for lying to a Grand Jury, and did lose his law license).

Governments do big things. Big things can hurt little people, which is the brilliance of the American experiment: The government being ultimately accountable to the little people through the ballot box. To be sure, there are other legal remedies for bad government, including the right to criticize a sitting government (that free speech thing, which I'm making use of at this very moment). You can't hogtie a government with small things or it won't be able to function.

You can never please all of the people. To some, simply the act of registering as a Republican implies that you are a fascist. To others being a liberal amounts to checking your common sense at the door. These types of partisans would, if they could, stop an elected government of the opposing party from functioning. Thus the above 'protections.'

But if there exists a thing, there will be someone perfectly willing to abuse it. This is what I believe is happening with Congressman Jefferson. I don't believe he is behind it, I watched one of his news conferences. He was like a deer in the headlights and smartly said he would defer to the advice of his lawyer. Apparently, co-counsel includes the Republican leadership.

The ridiculousness of saying that the search of Jefferson's office was unconstitutional comes in the aforementioned 'last paragraph' from the Washington Post. It's almost like they're in a vacuum. You can almost smell the fear coming off the unidentified 'administration official.'

"If you tell the House to stick it where the sun don't shine, you're talking about a fundamentally corrosive relationship between two branches of government," the senior administration official said. "They could zero out funding; they could say, 'Okay, you can do subpoenas, so can we.' "

Considering that the Judicial Branch issued the warrant we have a third branch of government involved, not just two. Is there no corrosion there? This is called 'checks and balances.' The "…so can we" (issue subpoenas) line calls to lie that one branch of government cannot investigate another. It happens all the time.

This is not about serving the people, which is why tradition and law have protected certain government actions, it's about protecting turf, and it comes from fear. I don't want any of these bums representing me in any branch of government, and I consider myself a partisan. Throw them all out and let the chips fall where they will.

*Here are two further links discussing sovereign immunity: Wikipedia and 'Lectric Law Library.

May 26, 2006

My First Store Blog Entry

Big day at the store today as the second floor is starting to go up. I have pictures to upload later as I forgot to bring the flash reader. I got to stand under a many hundred pound staircase like superman as three of us hoisted it into place. I really was wondering if I would die if the strap broke. They've pre-built the contraption and I'm not sure if they have all of the pieces ready back at the shop. It would have made sense to deliver all of it last night to my frenzied imagination. If they do it will only be another couple of days till finished. If not…well… this is Latin America. Tomorrow I'll find out if I have another contractor as I watch him install the bathroom fixtures and try to determine his competence.

Internet went in two days ago, but was balky yesterday. I'm trying to use the wireless router with my main IP address, and it did work for a little bit. But I did some stuff using the laptop -connected directly to the modem- and it seems the ISP no le gusta. I'm back to the laptop for now which is fine as no other machines are actually here yet. Thus, my first 'store blog.'

Something is held up in customs according to my broker, valued at $300, which I have no idea what it is as I've got nothing worth around three hundred bucks due in at the moment. Of course around here nothing is as it seems and it could be anything. I'll just have to wait and see what the surprise is.

I'm at the point in time where I'm waiting for everything, and everything is going in extreme slow motion. I have basically two more items to make a decision on and buy for the whole shebang; the rest of it is just on its way here. It's like someone is inside my head running around on a little track waving their hands in the air screaming "where the hell is everything?!" while I try to keep a calm demeanor speaking to officials from the various bureaucracies, contractors and suppliers.

The guys have packed up and say they'll be back Monday to finish. I now get to go to the car dealer on the extreme other end of San Jose in traffic to get my little French car her first checkup.

Update: pics after the jump

I think I've just screwed up and have put these pictures in the wrong place on the server. Oh, well.

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This is the new blog station. I'm paying way too much for the internet.

steelmorning.JPG

Friday morning and waiting for the welders.

readytoassemble.JPG

Bits and pieces waiting to be put together.

stairwaytonoair.JPG

Stairs look pretty cool.

aintitpretty.JPG

Now we're talking. Changes the whole place.

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I can see the neighbors. The top part of the glass (above the newspapers) will have a big sticker with the logo. Which reminds me I've got to get that file to the signmaker. The neon sign for above the windows is another story.

May 19, 2006

The Da Vinci Load, Or How I Learned To Read Novels And Not Take Them Seriously

I've just read yet another review of the Da Vinci Code, sort of. It wasn't about the movie, which the author (Daniel Henninger) hasn't yet seen, but about a trip to the bookstore to wonder why the book has sold 60 million copies. This is a highbrow review in the Wall Street Journal.

Many people are baffled at the success of the book, have taken offense from it and are actively trying to trash it and its author. This is a sign of reading way too much into a simple thing. I read Faulkner's 'The Sound and the Fury.' Twice. The second time right after the first. I had to. I didn't understand it the first time, as I'm told many people don't. But it was thoroughly enjoyable, profitable and enlightening, both times. Many people consider it a masterpiece, though I'm not qualified to issue such a bold statement. It was published in 1929 and still hasn't sold as much as the 'Code.'

The Da Vinci Code on the other hand was a breeze. I had bought it in large type for my Grandmother to read, but sadly it stayed on the shelf with the rest of the last of her unread books. One day while she was napping I picked it up and before I knew it I was done and wanting more. Who doesn't love a conspiracy? Who doesn't want to know if someone is secretly pulling the levers somewhere? I remember as a kid picking up pamphlets on the trilateral commission while at the Social Security office (waiting for my card so I could work).

My father was a Mason and he, as far as I could tell, wasn't either particularly religious or into anything more secret than hiding a bottle in the glove compartment, yet people are convinced that the Masons run the world. How much more intriguing is it that there is a 'Catholic' secret society? How much more intriguing that one of its former members was a government official that has been convicted of spying? The Catholic Church itself is largely a secret society that invites all the faithful to partake in certain secrets on an individual level. The above-mentioned spy was said to have confessed his crime/sin to his priest, yet that information remained secret for years, and the contents of that confession have never been divulged.

Current criticism calls to mind the Satanic Verses, another fictional story that people took as 'an insult' to different religion. The difference, it may be duly pointed out, is that people were murdered over the Satanic Verses. Yet, in another time and place, the vehemence that I've felt from the current critics would easily produce the same results. No one should forget the Spanish Inquisition (said like a Brit badly imitating a Spaniard).

The Gnostics, who are being trashed at this moment right along with the 'Code' (see the recent release of the 'Gospel of Judas') were said to have 'secret' knowledge about Jesus and his teachings. They were run out of town on a rail back in the day for heresy, which at heart is what our modern critics are charging. The Knights Templar, a very religious and faithful group that did some heavy lifting during the Crusades, were simply exterminated (with a backstabbing wink and a nudge from the church), the heresy charges made up to facilitate a land grab.

I'm not predicting an assassination attempt on Tom Hanks (though that whole Forest Gump thing has got me thinking that maybe he knows more than he's saying). Nor am I in any way excusing the 'death sentences' on current 'enemies of Islam.' No, I think they're throwbacks to a barbarous era that most civilized people thought we'd grown out of. Which is why the talk of heresy from modern folk bothers me (though to be sure, Henninger's dismissive column only jokingly refers to the text as "unholy," but google ["da vinci code" heresy] for a few thousand other hits).

In the end I would hope that we're all grown up enough to remember that this is a novel. A fiction. It's all made up, even if the 'idea' was culled from a 'serious' book purporting to have evidence that Jesus did actually have a kid. So what? Serious talk about this shaking the foundations of the Church is not only juvenile; it also lacks faith.

This incident just proves my long held belief that God has a sense of humor. Pride, according to tradition, is the first and foremost deadly sin from which all others arise. I choose to believe God has a plan, but I sure as Hell don't know what it is. If someone tells you he does—run and hide.

I don't know what happened and neither do you. Nor does the Catholic Church or any other religious organization. People have argued for centuries over whether James the Just was Jesus's brother, stepbrother or just one of the fellas that hung around JC. It's a good-faith best-guess scenario based on the available evidence. Very few serious people believe that Jesus did not exist as an historical figure, and that he probably said most of the things that were written about him. After that, speculation becomes rampant. This is where 'our' faith comes in, which is the thing that God requires.

And we've been bestowed with imaginations. We have fantasies. We make up things to make ourselves feel better. In times of stress, depression and pain, we occasionally fantasize to the point of delusion. Many think that fantasy and delusion is what religion is all about. I don't begrudge these people their opinions, as a certain train of logic can get you there quite easily. Yet, as this can only be speculation, what are they offering in its stead?

Another train of logic, and simple self-preservation, would have you decide to believe in God: just in case. If you do believe, and if at the end He's not there, you lose nothing. In fact, if you were just a meat puppet, you wouldn't even know. But if you don't believe and He's there with the fire and the brimstone, you might wish you had. Just sayin'.

As I choose to believe, I can also believe in a merciful God, and that all my non-believing or differently believing friends will be forgiven as I will be, sins and heresies forgotten, and we can all hang out. A fantasy perhaps, but a good one I think, as is the thriller story by Dan Brown. Politics, religion, sex, scandal, violence. All guilty ingredients that we enjoy, and should send us right to the confessional, where our conspiratorial Priest will let us keep our secret between him and God.

May 16, 2006

Not Any Better

Final note on flying in the U.S. We've all adjusted, more or less to the b.s. now inherent in getting on an airplane. I don't fly with change or a lighter or keys in my pocket. I don't wear a belt. I wear tennis shoes (sneakers for fellow Jersey-ites). I remove my laptop from the case well before I get to the x-ray machine.

At LAX I showed my passport and boarding pass to three people all within 30 feet of each other. There was no way to bypass any of them without another noticing, not to mention the other folks standing in line. I put my stuff on the conveyor and prepared to step through the metal detector. They made me take off my sneakers. My Damned Sneakers! This set me off. Which is another thing you're not supposed to do at the airport.

After voicing my dissatisfaction to all involved, just short of yelling or swear words. I looked at a woman putting on her sneakers on the other side and said something on the order of, "this is too much." She looked at me with actual disdain and said, "No, it's not."

I disagree. Five years after the attacks and TSA still hasn't gotten its shit together. One of the nice ladies that examined my ticket and passport directed me to the shortest line for the inspection, which happened to contain a family with kids and strollers. Ten minutes we waited while they folded, disrobed and did a virtual Texas two-step through the "security." The woman actually had to extend the baby out in front of her in her arms to pass through the detector. This is humiliating and idiotic. Sorry, I still don't feel safer with these Keystone Cops antics. Somebody's got to get a grownup involved here one of these days.

Final Stretch?

I'd call it an 80% success rate on this trip. The shoes are on their way, the Goth dolls are on their way, but the clothes are another story. For some reason my supplier, a big name company, wouldn't allow me to deliver a bank check to their headquarters in L.A. They would only take a credit card (way beyond my limit) or a bank transfer. As is wont to happen, my first day back picking up the other bank checks I left their transfer info at home, and wasn't able to get back to the bank until Saturday. Banks don't initiate transfers on Saturdays. At least mine won't.

So, I set up a phone transfer agreement, which won't be active until at least Wednesday. Now I'm reconsidering the vendor. They've got really nice stuff, all the hipsters wear it, but they're at the end of their season, which means I'm scraping the bottom of the barrel for sizes and available stock. The new line is due out in June or July, not a long time to wait, but late even for my delayed opening.

My rep doesn't like phone calls ('Look, I'm usually in a meeting'). I've been instructed to use email only, but when I've done that, I've gotten form letters back, then a real response a day or two later. It's almost like they don't want my business. If I were at the end of my stock, and I had some knucklehead wanting to help clean me out, I'd be on the stick. But then again I'm not working for one of the largest clothing distributors selling to the Hollywood crowd. Maybe I'm not big enough game.

It all comes down to that I'm not going to hit my target opening date, which means I have another week to arrange another supplier or two. Tomorrow is Wednesday, when I check to see if the transfer has been set up; which is usually not the case. For some reason the branch always leaves something out of the application, and the transfer office makes them do it over again. This only gets noticed when I try to 'make' a transfer. What is supposed to take two to four days usually takes about two weeks. Welcome to the nineteenth century.

I did manage to have thin crust pizza at the best pizza parlor in L.A., Casa Bianca in Eagle Rock. We only had to wait an hour for a table. I picked up the iPod too, which last night I connected to the projector downstairs and was blown away by the quality of the video. It ain't hdtv, but from across the room at 102 inches it was completely serviceable. I also picked up the disc containing the logo for the sign from Rodney. Very damn cool.

Back at the ranch, my able crew, led by my Brazilian Amazon, has managed to cut through about a mile of red tape while I was gone. The physical phone lines are installed and only waiting for dial tones and an ADSL signal, the only document I need for opening is a health department inspection certificate, and they've managed to bypass a building permit requirement for the mezzanine, which should be installed by the end of the week. A lesson for all of you, when you need to get stuff done in a stifling bureaucracy, get a hot chick with an accent to do it for you.

Today I sign the contract to buy the shopping bags, which they claim will be ready in a week, as they manufacture them here. So, down to the stretch: fixtures for the bathroom, diamond plate and lights for the shelves, delivery of the inventory/sales register system, mirrors, furniture, mannequins, clothes hangers, office and storeroom construction, assemble mezzanine, floating rear-projection screen, order sign and only about a billion other things. No problemo, no?

May 09, 2006

Accoustic Noise

Busy as a beaver these past few weeks bulldozing through the red tape and lax habits of the locals. Show them that you really need to get something done, and the folks relax even more. Don’t ever show impatience in the checkout line. Or let the car in front of you know you're about to pass him. It's the way it is.

I'm off to the great red white and blue north tomorrow for a few days of business. Today was a typical "oops I'll have to fix that now" day.

I hate those white acoustic ceiling tiles and I had a ceiling full of them. As my shop is going for 'sort-of' an industrial edge, I removed them to expose the roof. I planned to drape black see-through material from the remaining frames to deflect the eye, or if you wind up looking up, extend even further the already 20-foot height. It's at least thirty feet at the peak.

Today the guys came in to hang the material (turns out to be dark green, there is no black left in the country to do the job for under a thousand dollars material cost. The green was $250). I was only supposed to be there for a couple of hours to get them started and to have a meeting with the accountant. Then all kinds of people showed up at the same time. Furniture delivery, loss prevention guys from Sensormatic, the bag people (the kind that make the bags), as well as the accountant and a salesman wanting to make my store sign.

Then it started to rain. Hard. We get rain here. It's started a little early this year, and it's only every other day so far instead of every damned single day, but it's rain and it's here and it ain't leaving until September. Turns out we have a tin roof, or corrugated steel or something, and it's loud when it rains. Really loud.

There were at least three conversations going on at the same time, and I was barely aware of the one I was having. I excused myself and walked next door to another store in the same building. It was quiet. You could hear the rain, but it was distant and I had no trouble talking to the sales girl. I walked back to my store and entered white noise. I had to shout to call the contractor down from the ceiling as we could barely hear each other.

I'm at home now where I should be finishing up an order instead of blogging before I fly out tomorrow. Somebody else is at the store watching the contractors as they reinstall the tiles and re-hang the material that will cover it. Shoulda' just painted the damned things.