Posts Tagged ‘datechguy's magnificent seven’

Photo by Yassine Khalfalli on Unsplash

By:  Pat Austin

SHREVEPORT – I am no economist and so would have poor skills in predicting where this incredible inflation will end, but man, it has got to end somewhere.

When I retired from teaching a year and a half ago, my pension was comfortable. Now? It doesn’t go nearly as far as it did then. That’s why when my church needed a part-time receptionist in the office, I took it on. I figured the extra money would ease the pain. And then, when they asked me to add another day and work four days a week, I agreed to that, too.  Picking up that extra four or five days a month looked good. Now I’m thinking I need to ramp up my paid writing sideline a bit and earn even more.

We just returned from a trip to Iowa where my husband’s family lives. From Louisiana, we usually spend about $200 to $250 in gas there and back each year. This year it was literally double, costing us right at $100 every time we filled up. On top of that, rising food prices are causing pain at the grocery store, too. Across the nation, more and more people are looking for supplemental income. According to the Washington Post, “the percentage of employed people working multiple jobs in the United States has steadily increased since March 2020 from 4 percent in April 2020 to 4.8 percent in June 2022…”.  That percentage seems somewhat low to me.

In Iowa, where we just spent a week, we were in the south-central region. I know there are very liberal pockets in Iowa, but there are plenty of conservatives, too, and we met a lot of them. I saw one lady in the grocery store wearing a t-shirt that said, “Buck Joe Fiden.” Uh, okay. I saw a lot of Trump flags, and I saw zero Biden signs although I know there are Biden supporters there.

The chatter I heard at baseball games, in the stores, and in the shops were all full of angst at the state of the economy. My husband’s family is a farming family with a generational farm. The cost of fuel to run tractors and trucks is just crippling and many farmers will not make it because of this. It is devastating in the Midwest.

Like I said, I’m not sure where all this will end up, or who will be left standing when it’s over, if it is ever over, but I, for one, am working double time to get debts paid off and sock something back before everything implodes. I have one friend, an older lady who has seen some things in her day, who is selling off assets and putting up cash. She is downsizing, selling off jewelry with no sentimental meaning, putting up cold cash whenever she can. “I’m scared,” she told me. “I’ve never seen it like this, and I’m scared.” She is not usually this reactive.

She’s not wrong.

By John Ruberry

Earlier this month the second season of the Luxembourgish crime drama Capitani began streaming on Netflix. 

In the first season, set in 2019, the titular character, gruff and laconic police detective Luc Capitani (Luc Schiltz) arrives in the fictional small northern Luxembourg of town of Manscheid to investigate the murder of an identical twin teen girl. Similar to British crime series Broadchurch, Luc Capitani is confronted by clannish locals who are harboring secrets. Capitani meets an old flame in Manscheid, Carla Pereira (Brigitte Urhausen)–her presence might have been the real reason for his visit to the village.

The following paragraphs contain a Season One spoiler. 

At the end of Episode 12, after solving the case of the murdered twin, Capitani is arrested for the murder of a drug lord that happened years earlier, a crime in which Pereira is entangled in. At the start of Season Two, after serving eighteen months in prison, he is released due to lack of evidence.

Capitani is now working as a private detective in Luxembourg City. A sex worker, Bianca Petrova (Lydia Indjova), calls him to look into the disappearance of another prostitute. Capitani quicky finds her body in a park. It turns out the sex worker hired Capitani at the request of the owner of what is called here a cabaret, but in reality it is a strip club and a brothel. That proprietor is Valentina Draga (Edita Malovcic). After the murder of another prostitute, the owner of a competing cabaret, Gibbes Koenig (André Jung), reaches out to Draga. Each of them has an ambitious son, respectively Dominik Draga (Adrien Papritz) and Arthur Koenig (Tommy Schlesser), who are seeking to expand their operations.

And business is poor. This is the first television series that I have viewed that has incorporated the COVID-19 pandemic into its plot. The lockdowns have been devastating to the cabarets and those two sons look to narcotics to make up the difference. Drugs in Luxembourg City are sold openly on the streets by Nigerian immigrants–much in the manner that I’ve witnessed on the West Side of Chicago–while under surveillance of two cops, Elsa Ley (Sophie Mousel), who was Capitani’s unofficial partner in Manscheid, and Toni Scholtes (Philippe Thelen). One of those drug dealers, Lucky Onu (Edson Anibal), is in Luxembourg not to peddle narcotics, but to find his sister, Grace (Jennifer Heylen), another sex worker.

Similar to Clint Eastwood’s character in A Fistful Of Dollars, a work that was based on the Akiro Kurosawa film Yojimbo, Capitani works both sides of the brothel competition. And he hasn’t completely broken ties with the Luxembourg Police. There’s a third angle being played, Capitani is regularly speaking with a senior police official, Pascale Cojocaru (Larisa Faber).

If you enjoy Nordic noir movies and television shows–as I do–you’ll like Capitani. There is no Netflix wokism here, the performances are captivating, and the cinematography succeeds by capturing views of beauty and squalor in Luxembourg City. And the plot keeps you guessing enough to make things interesting. Both seasons have twelve episodes, with each entry lasting around 30 minutes.

Both seasons of Capitani are currently streaming on Netflix. It is rated TV-MA for nudity, violence, drug use, obscene language, and sex. You can watch in the original Luxembourgish with subtitles, although there is much English dialogue here, or in dubbed English.

John Ruberry regularly blogs at Marathon Pundit.

USS BONHOMME RICHARD on fire on 12 July 2020, from Wikipedia

Do you remember the USS BONHOMME RICHARD fire from 2020? Today marks two years since the fire was finally extinguished, having raged for four days while the ship was moored in Naval Station San Diego. Thankfully, nobody was killed in the fire, although 63 people suffered minor injuries, but the ship was ultimately scrapped, being sold for just over 3 million dollars and towed to a scrapyard in Texas.

A multi-billion dollar warship being scrapped due to a fire that should have been put out relatively quickly? Perhaps the Navy will hold someone accountable? I mean, when LtCol Stu Scheller said mean true things on social media, he was placed in jail for nine days and ultimately fined $5,000. Surely the incompetence that leads to the preventable loss of a warship in a US port would be punished more severely?

Well, the Navy unveiled its punishments on Friday:

“The disposition decisions included six Nonjudicial Punishments (NJP) with guilty findings, two NJPs with Matter of Interest Filings (MIF) and a Letter of Instruction (LOI), two NJP dismissals with a warning, one additional MIF, five other LOIs, three Non-Punitive Letters of Caution (NPLOC), two letters to former sailors documenting substandard performance, and six no-action determinations,” according to a statement from the service.”

From navy.mil

The Navy also issued a letter of censure to retired VADM Brown and two LOIs for other admirals.

For most non-Navy people, the language used for the above punishments listed is confusing, so I’ll translate what it says into what it actually means.

First, the letter of censure. In this case, it was issued to VADM (ret) Brown, who is already retired. The letter can be viewed here. A letter of censure is a “strongly” worded letter from the Secretary of the Navy expressing their disgust for someone’s actions. It sits in a service member’s record, so if you were hoping to promote, its unlikely to happen. That…doesn’t matter much to someone who is already retired. Worse still, it appears that nobody interviewed VADM (ret) Brown, and he is contesting the results, so the letter may ultimately be rescinded.

In other words, letter of censure = no punishment if you’re retired.

Let’s look at the non-judicial punishment (NJP) results:

  • 6 NJP with guilty findings
  • 2 NJP with MIF and LOI
  • 2 NJP dismissals
  • 1 MIF
  • 5 LOIs
  • 3 NPLOCs
  • 2 letters to former Sailors
  • 6 no-actions

NJP is a legal proceeding where the Navy doesn’t have to prove something “beyond a reasonable doubt,” instead they can punish someone if there is a “preponderance of the evidence.” If that sounds a bit sketchy to you, it should. The “preponderance” level essentially means you can find someone guilty of a crime even when there is substantial evidence placing doubt as to whether the person was really responsible.

The Navy is supposed to use NJP to punish small offenses quickly so as to maintain good order and discipline. NJP punishments are limited in nature and aren’t considered an actual conviction, so they don’t translate to felonies or misdemeanors on a service member’s record when they leave service.

The fire on the BONHOMME RICHARD was not a small offense. Reading through the description of the poor response to the fire should make you angry as to how the Navy, charged with maintaining the premier maritime fighting force for the most important nation in the world, could let a critical warship burn in a major city when it has plenty of firefighting equipment nearby. This SHOULD have gone to court martial. The one Sailor accused of starting the fire, a Seaman Apprentice, is facing criminal charges at a court martial, and we don’t know yet those results. Yet for some reason the Navy elected to not pursue court martial charges for any other person involved in this case.

So NJP it is. Six members were found guilty at NJP. We don’t have the full results, but the SECNAV said that two members, the Commanding Officer and Executive Officer of the BONHOMME RICHARD, were assigned letters of reprimand and forfeiture of pay. NJP limits pay forfeitures for officers to 1/2 months pay for up to two months. With this in mind, we can calculate the lower limit for how much pay was taken by assuming they each lost 1/2 months pay for one month, and the upper limit as 1/2 months pay for two months.

CAPT Thoroman enlisted in the Navy in 1988 and thus has 34 years of service. His base pay is $12,980 a month, so he could have been fined $6,490 or $12,980. CAPT Ray joined via NROTC in 1996, and his base pay is $12,725, so he’s being fined either $6,362.50 or $12,725.

Adding these up, the lower limit of total fines is: $12,852.50
The upper limit of total fines is: $25,705
The estimated cost to fix the BONHOMME RICHARD was around $3 billion, so these fines represent 0.000857% of the repair cost for the ship.

I might be off a bit, check my math and let me know in the comments.

So that’s the financial cost, and as far as I can tell, the ONLY financial cost. Granted, its not likely the Navy could get $3 billion from all the people involved, but only punishing the CO and XO financially seems a bit light. The other guilty NJPs probably issued letters of reprimand, which like the letter of censure is a black mark on your record that otherwise has no bearing in the civilian world.

What about the Matter of Interest Findings, or MIF? A MIF is a negative letter that also sits on a service member’s record that essentially says this person wasn’t necessarily guilty, buuuuut we think we should be concerned about this individual. Translating that to reality, it means that person will likely never get promoted, but the MIF doesn’t become a felony or misdemeanor in the civilian world.

Letters of Instruction (LOIs) are letters that say “You did something wrong, and I’m instructing you on how to do better.” Then, once you complete all those items, the LOI is considered complete. I have an LOI from my first command where I screwed up a tagout and my CO made me provide tagout training to my division. LOIs don’t go on your record and don’t affect promotion. They correct bad behavior and are one step above yelling at someone for doing something stupid. Again, not much of a lasting punishment.

A NPLOC is a non-punitive letter of caution. It has even less teeth than a punitive letter, because it doesn’t sit on your record at all. A NPLOCs whole purpose is to give you more evidence on someone that is likely committing crimes but staying just below the threshold to get caught. Do you remember the “I’m not touching you game,” where you irritated your sibling by putting your finger just bareeely in front of their nose or cheek and said “I’m not touching you,” like somehow not touching you meant you couldn’t be punished? Remember when your birthing person mom or dad said “That’s strike one, do it again and you’ll get a whooping.” That’s a NPLOC. Not a punishment at the time, but could be used later.

Did any Admirals besides VADM (ret) Brown get punished? Well, Rear Admiral Scott Brown (not related to the VADM (ret) Brown) and Rear Admiral Eric Ver Hage both got LOIs.

And that’s it. So, just to review:

  • USS BONHOMME RICHARD catches fire on 12 July 2020, burns for four days and is a total loss of somewhere around 3 billion dollars.
  • Two years later, the Navy issues approximately 30 pieces of administrative paper that say they are really, really mad with how a Sailor acted.
  • The Navy also issues somewhere between $12K and $25K in fines.
  • The Navy has an ongoing criminal trial into one Sailor they think started the fire that we don’t have resolution on yet two years after the initial event.
  • No other Court Martials were convened.
  • No Sailor above the paygrade of O-6 was held responsible in any meaningful way.
  • No person was sent to jail (at least not yet).

And that’s it. That’s the extent of how the Navy holds people responsible for losing a warship inside our own port.

We often talk about the “Deep State” and how it protects bureaucrats from punishment while holding all the “little people” responsible. While its been obvious for some time now, the failure of the investigation into the fires on the BONHOMME RICHARD confirm that the military should be included into this “Deep State” calculus. It goes far beyond COVID vaccines and extremist “training.” The people wearing stars in our military will gleefuly destroy the lives of the hard working men and women in our service while continuing to provide poor leadership, poor guidance and force an ever increasing focus on non-warfighting skills. They are responsible for the poorly structured command and control diagrams, the shortened damage control training pipelines, and the increasing focus on non-warfighting skills, yet they demand all the pomp and circumstance for their office from every service member below them, and demand that we ASSUME (always a dangerous word) that they are really ready to conduct warfighting on behalf of this great nation.

Contrast the response to the BONHOMME RICHARD fire to that of the USS COLE, which had a massive hole blown in the side at the waterline from a suicide bomber, yet stayed afloat long enough to be brought home in one piece on the MV Blue Marlin, and eventually returned to service. Think about that when you read the descriptions in the BONHOMME RICHARD report on how Sailors didn’t know basics about their fire fighting gear:

On the morning of the fire 87% of the ship’s fire stations “​remained in inactive equipment maintenance status,” according to the investigation. None of the crew members tried to use the ship’s foam sprinkling system because it had not been properly maintained and “in part because the crew lacked familiarity with capability and availability.” The crew made several other mistakes that day, including waiting far too long to report the fire, the investigation found. Several sailors decided not to put their firefighting gear on because they thought they were not wearing the proper uniform to take part in firefighting efforts. Sailors were also not properly trained on how to use emergency breathing devices, leading to cases of smoke inhalation.

Task and Purpose Article

What happened in the 20 years since the COLE bombing? How did we get worse at damage control as a Navy? Most importantly, who should be held responsible for that?

One final piece of history. The original BOMHOMME RICHARD was a converted merchant ship used by Captain John Paul Jones to raid the coast of Britain. In the Battle of Flamborough Head, Jones fought the HMS Serapis, which heavily damaged and eventually sank the RICHARD, but not before Jones had lashed the ships together, stormed the Serapis and ultimately captured her in a massive win for the fledgling United States Navy.

One has to ask how Captain John Paul Jones, currently interred at the Naval Academy, would react to his old ship’s namesake suffering such a tragedy, and how he would have conducted the follow-on investigation.

This post represents the views of the author and does not represents views of the United States Navy, Department of Defense, or any other government agency. You’re welcome to read their views in their official posts on navy.mil. If you learned something from this article, please consider donating to Da Tech Guy, or purchasing one of the author’s books for you or someone you care about.

Lost all of the exhilaration revolving around the Supreme Court’s long overdue overturning of Roe versus Wade was a much needed decision, which overturned a harmful policy instituted by the Environmental Protection Agency under the Obama Administration. 

This decision is discussed great detail in this article, How The Supreme Court Upended EPA’s Power Grab And Curbed The Administrative State (thefederalist.com)

The Supreme Court’s 6-3 decision in West Virginia v. Environmental Protection Agency upends the EPA’s assertion of authority, under the Obama and Biden administrations, to squeeze fossil-fuel generation out of the nation’s electricity fuel mix.

The decision directly vacates the Obama administration’s “Clean Power Plan,” which aimed to reduce power-sector carbon dioxide (CO2) emissions to 32 percent below 2005 levels by 2030 (80 FR 64665). By clear implication, the decision blocks any effort by the Biden EPA to mandate far more draconian power-sector emission reductions over the next eight years.

More importantly, by grounding its decision in the “major questions doctrine,” the Court puts the entire administrative state on notice that it will be skeptical of all major rulemakings that would give regulators vast new powers absent a clear authorization from Congress.

For a couple of decades I’ve been railing against the Administrative State and Executive Orders.  Both are highly unconstitutional.  This article, How Our Administrative State Undermines The Constitution (thefederalist.com) is well worth the read.

Article I of the Constitution declares, “All legislative Powers herein granted shall be vested in a Congress of the United States.” The people, in establishing the Constitution, delegated the power to make laws to Congress alone. The non-delegation doctrine, which holds that the legislature cannot delegate its legislative powers to any other hands, is a logical conclusion of the Founders’ understanding of government by consent of the governed. The people delegated legislative authority specifically to Congress. It cannot turn around and pass that authority to any other set of hands.

As the political philosopher John Locke wrote in 1690, the legislature holds authority “only to make laws, and not to make legislators.” The administrative state has no constitutional authority. At most, all administrative agencies would fall within the purview of the executive branch and be answerable to the president in his constitutional role of enforcing the nation’s laws. How, then, did this vast bureaucracy come to wield such sweeping powers to make the rules that govern us?

Over the course of the past century, Congress abandoned its legislative function and delegated its legislative powers to the unelected bureaucracy. It still passed resolutions that were officially called laws, but have generally taken the form of sweeping grants of authority empowering agencies to craft rules and fill in the details of unfinished legislation.

Here is the actual quote about the legislative branch lacking the authority to delegate their legislative authority.  The quote is from John Locke’s Second Treatise

The Legislative cannot transfer the Power of Making Laws to any other hands. For it being but a delegated Power from the People, they, who have it, cannot pass it over to others…And when the people have said, We will submit to rules, and be govern’d by Laws made by such Men, and in such Forms, no Body else can say other Men shall make Laws for them; nor can the people be bound by any Laws but such as are Enacted by those, whom they have Chosen, and Authorised to make Laws for them. The power of the Legislative being derived from the People by a positive voluntary Grant and Institution, can be no other, than what the positive Grant conveyed, which being only to make Laws, and not to make Legislators, the Legislative can have no power to transfer their Authority of making laws, and place it in other hands.”

Here is the exact text of Article 1 Section 1 of the US Constitution, which is titled Legislative powers; in whom vested.

All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Here is a definition of Legislative powers from the Law Dictionary

the authority of a branch of government that is charged with making and enacting laws.

Since all legislative power granted to the Federal Government is granted exclusively to the Legislative Branch and that Branch cannot delegate its legislative authority to any other entity, all edicts issued by the Administrative State are unconstitutional.

Under the US Constitution, neither the President, nor agencies of the Executive Branch, can issue executive orders that have the same legal standing as laws passed by congress, through the formal legislative process, because only the legislative branch was granted legislative power.

Since Executive Orders and edicts issued by the Administrative State violate the Constitution, they are not pursuant to the Constitution.   They are not the law of the land because they violate the Supremacy clause which states.

Article 6  Section 2. This constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the constitution or laws of any state to the contrary notwithstanding.

The Administrative State and Executive Orders have done tremendous harm to the freedom and prosperity of every individual who has lived in the United States in the past 100 years.  West Virginia versus the EPA is a good first small step.  So much more needs to be done. Unfortunately, I do not see the Supreme Court doing more.  We the People must do the rest.