Quote of the day–Tamara K.

Can you imagine what would have happened if some wide spot in the road had kidnapped a boat full of ‘Er Majesty’s tars back in the days of Pax Britannia?

HMS Thunderer would have dropped anchor in the harbor of whatever pathetic hamlet they were being held captive. Royal Marines would have been disembarked. Crowds of Wogs would have been mowed down by Gatlings and run through with Martini bayonets. The local rajah would have forked over his prisoners, or he would have found his house burned to the ground and Tommy Atkins pissing on the ashes.

Tamara K.
March 30, 2007
England, ma’am. It’s where Great Britain used to be.

Quick update on PNNL

In a way I’m relieved they took back the DVDs with all the data I was going through. It had been a gold mine of useful information but this weekend I can let the caffiene circulatory system revert back to blood and get some sleep. It was wonderful to refresh my memory on so many things and be much better prepared to ask questions but I really needed some rest. The battle over the DVDs will be fought by the lawyers and either way Battelle comes out looking like a bunch of clowns and/or jerks.

The depositions and even the close of discovery may be delayed because of this. It’s hard to imagine the fight over the DVDs will be over in time to keep on schedule. We’ll see…

Yesterday I was talking about the current state of things with one of my primary financial backers. He congratulated me on hiding my true intentions on this blog. He said early on he was concerned about me being able to do that but that he was completely sucked in by my disinformation campaign. Cool! But what was so hard about it?

Quote of the day–Matthew Bean

This case just gets more and more interesting.

Matthew Bean
March 29, 2007
[Bean is my lawyer in the PNNL case. Today the bad guys got a court order to demand we return 17 DVD’s (and destroy all the copies) we had obtained as part of discovery. A lot of the information they gave us last week were printouts of my blog, nothing new for me to find there. Subtract that and the portions of the personnel file I already had and they took back more than 99% of the information they supplied to us. I had to leave work and get them to the lawyers office as quickly as I could. They sent someone to pick them up. Like I said before, I was shocked they hadn’t destroyed some of the stuff they gave me. They might now. Fortunately for me the more data of theirs they suppress or destroy the more of the total evidence consists of my log files. Yes, they are backed up in numerous safe places and I’m adding another location tomorrow. I was right to go into full overdrive mode to get through as much data as quickly as I could. As I told Barb today, they can’t legally delete my mind.–Joe]

Quote of the day–Kevin Baker

So when is “legislating from the bench” valid, and when not?

I would argue that two conditions must be met. First, it can and should only be done by the Supreme Court. To bestow that power on lower courts invites, if not anarchy, then disrespect for law by the citizenry. Second, any decision that violates stare decisis must be done in order to broaden individual rights and freedoms – the “privileges and immunities” of citizens – that have been improperly restricted by decades of grain-upon-grain infringement.

Someone has to have the power to say “That’s a heap,” and knock it down.

Kevin Baker
March 6, 2007
Dred Scott and Legislating from the Bench
[This is a difficult question and I am very pleased with the answer Kevin came up with. If you read the entire post you get a better statement of the problem and why this solution is correct. Government power tends to grow and “legislating from the bench” should only be done to reduce that power.–Joe]

A Question For All Time

Sorry– almost 600 words here, but I think you’ll like it.

My wife recently told me she might run for mayor of our small town.

Not being one to miss out on a good argument, I started strafing her with questions until I decided to try one I’ve been saving for a while:

==========================
Is there anything, anything at all, in human life or endeavor that you consider to be absolutely none of government’s business whatsoever?
==========================

She had to pause and think for a bit, because (and this is the point) few people ever consider the question.  She disappointed me slightly by blurting out what I would have predicted (I bet 90% of you have already come up with the same answer): “Sex.”  Then she caught herself, “Uh, between consenting adults, uh, of consenting age, uh, twenty-one.”

Age of consent, 21?  That was a real surprise to me, coming from her.  No matter.  I then asked her, “You don’t favor government funding for AIDS research”?

“Uh…”

“Should government be given any role in STD statistics gathering, prevention, cures, or any such related matters?”

“Uh…”

Clearly, most people, when backed into a corner thus, will eventually admit that they do indeed believe government has some business in our sex lives, and that’s even before you get to the product of sex– children, and with that– raising children, child custody, child support, compulsory education, sex education and family law.  (When our first baby was born, we were visited by a government case worker who interviewed us and inspected our house, clipboard in hand, to make sure we were fit to keep and raise our own child)

Again I asked: “Is there anything at all that should be entirely beyond the jurisdiction of government?”

“Yes– private matters.  Some things are private”

“Such as..?  We go to our neighbor down the street and buy a dozen eggs each week (they keep a few chickens).  Is that a private matter?”

“Yes”

“I agree, but that $52 has to be declared to the IRS.  Now let’s say word gets around and eventually everyone in our town goes to that neighbor and buys a dozen eggs each week.  That’s around 500 dozen eggs per week, or $26,000 per year in gross revenue.  Is that government’s business?”

“Yes, we have to collect taxes…but we could barter for the eggs.  We can do yard work for the neighbor in return for the eggs.” (this is one of the infinite variations of; ‘other people should be taxed, sure, but we can find a way to sneak around it for ourselves without getting caught.’  This particular, instant knee-jerk reaction tells us a lot about politics all by itself).

“Sorry.  That’s a taxable transaction according to the IRS, and if barter were to be made officially non taxable, you’d see a major shift in the economy as people found ways to barter and avoid taxation.  Would you support that?”

“No.  We have to collect taxes.”

On it went.  The bottom line is; my wife’s initial reaction was that, certainly, there are many things that are properly none of government’s business.  However, she would eventually say that each aspect of our lives, once I questioned her further, is actually government’s business in some way.

I ask you to consider the question, in this age wherein we have fallen to discussing (seriously, even) a ban on light bulbs, in this the Land of the Free and the Home of the Brave:  Can you name anything at all within the realm of human activity that in your opinion should be absolutely none of any government’s business whatsoever?

PNNL adult content policy

Hope you get a good laugh out of this. According to the felons at PNNL/Battelle the picture below constitutes “adult content”. In the big picture of things this might not even be brought up later on. It’s just a minor example of the egregious nature of the pretexts they used to justify firing me.

This picture was taken by my daughter Xenia at a public fair in Moscow, Idaho on April 30, 2005. I had viewed her Live Journal post believing PNNL’s “reasonable use” policy for company computers would include such material. The image was cached by the web browser and their scan of the hard disk revealed it. I wouldn’t have guessed that it would run afoul of their “adult content” policy or imagine someone would have the gall to use such a picture as a pretext to fire me. Perhaps my daughter’s friend should have been wearing a burqa.

Update: Perhaps that picture is more “interesting” than I thought. PNNL investigators viewed that picture on Xenia’s Live Journal five times. “PUCK” viewed it four times and “WD31448” (Una Carriera) viewed it once as well:

  • 2005-05-09 15:54:38 (PUCK)
  • 2005-05-17 17:25:32 (PUCK)
  • 2005-05-17 17:36:36 (WD31448)
  • 2005-05-19 23:18:20 (PUCK)
  • 2005-05-23 17:20:52 (PUCK)

Very, very interesting…

I don’t choose Google ads

I’ve been seeing some Google ads for political candidates here on my blog. In my opinion some or all of those candidates are unfit to be elected dog catcher let alone a significant political office. I think I can turn off certain ads if I wanted to but I figure the people visiting my blog are smart enough to not vote for these scumbags. And any clicks on the ads end up in the transfer of money from the candidate to me which I consider a good thing.

When the Brady Campaign was advertising on my blog I got something like just under $10.00 from them. Brady bought me lunch. Cool.

The chase is nearing it’s end

On Friday I was hot on the chase. Over the weekend Xenia’s sharp eyes picked up something odd looking in the bushes I had overlooked even though I had looked in the same area several times. Last night Ry pointed out an opportunity was not being fully exploited. I was up until after 3:00 AM as I caught up with and latched onto the haunches of my prey. I went to sleep easily for the first time in days. I woke up at 7:30 this morning again excited and with the taste of blood in my mouth. After another hour of working my fangs into my prey I can hear and feel the bones cracking.

This animal is going down. I can’t imagine it going any other way.

I’m looking forward to the feeding.

Quote of the day–Ry Jones

If you were fired for the stated reasons, I wouldn’t be pissed that they made a low-quality argument. It just gets you closer to a settlement.

Ry Jones
March 25, 2007
[Good point. It’s a good thing when they did something really stupid and documented it. After all, they probably were just doing their job as best they could with the resources they had available.–Joe]

Quote of the day–Bill Schneider

So, here’s a message for the Big Dems back in the Beltway. Do lunch with Representative McCarthy and suggest she pull her bill before any more political blood is shed and it defeats enough dems to lose Congress back to the GOP and keeps you out of the White House. And when you do squash H.R. 1022, make sure everybody knows you did it.

Bill Schneider
March 22, 2007
Guns, Sex, Lies, and Democrats
[H.R. 1022 is the latest version of the “assault weapon” ban floating around congress.–Joe]

Quote of the day–Kim Griffis

Where the Clearwater River wanders through the hillsides, you’ll find Joe Huffman planting his father’s fields with a thousand pounds of explosives.

Kim Griffis
KING 5 Evening Magazine (complete with video)
[What timing! I made room for 12 more teams last night then tonight they showed the video again. I then got a phone call and four emails. It was originally made at Boomershoot 2005. They keep replaying it and have a different voice over than the original. I pretty sure Kim Griffis wrote the original script and I know she narrated it. Now they have someone else narrating with at least one very minor tweak to the script.–Joe]

Best Christmas ever

I’m sure my memory has faded of some of the Christmas’s of 40+ years ago to the point that I can’t really compare them on an equal basis with this Christmas. That aside today was a really, really happy day. I could barely sleep last night then after making arrangement in the morning to meet my lawyer this afternoon I had difficultly paying attention in during parts of meetings that didn’t affect me.

When I arrived at the lawyer’s office I asked if he had looked at any of the stuff from the felons at PNNL/Battelle yet and he said, “No, I figured I’d let you open the box. This is probably just like Christmas for you.” He was so right. The package didn’t have any pretty paper on it but that didn’t matter. I opened it up and did a high level scan of the material. They sent stuff I was certain they would have destroyed and then didn’t send stuff that I thought they would give up easily.

We then got down into the details of some of the stuff and we laughed and rolled our eyes. I dug around looking for things and then would laugh and laugh when I found it or find they are trying to avoid sending it. I had so much fun with it. So much like a bunch of new toys to play with on Christmas Day.

They admit to monitoring my blog and web sites until at least mid May of 2006–I was fired in June of 2005. You would think they would have had real work to do. But that’s your tax dollars at work there. There weren’t any terrorists to catch those months I guess.

Finally my lawyer said that I need to take my toys away and play with them on my own for a few days. He told me how it needs to be organized and what we need to do next.

I left his office, dropped most of it off at Kinkos to be copied so we have the original and a “working copy”. I then went back to my room and started going through the CD’s and DVD’s. More laughter and I had to share. I saw a friend on-line and started chatting with him about it. We finally agreed to meet for dinner and just as I was about to leave Kinkos called back and said my copy job was done. All 1,101 pages of it. Wonderful! We changed our dinner location to be across the street from Kinkos and I picked up my “working copy” to take to dinner with me.

My friend laughed at me as my hands couldn’t seem to make up their mind over which to pick up; the new toys or the menu. He said in a whiny little boy voice, “But I don’t want to eat breakfast, I want to open presents.”

I barely ate as I dug through the pages and showed my friend page after page that kept us laughing; “They think this is important?” Finally when my bladder and his butt could no longer take sitting there we left and now I’m back at my room. I should be going to sleep but my new toys are calling my name…

Interesting legal analysis of Parker

I found this very interesting. I don’t have time to get into it much for reasons that will be made apparent in my next post. But here are some appetizers:

For starters, the Common Law had long – as Dr. Cavala properly noted –limitations on who can possess what type of weapons and where. The best analysis of this issue is set forth in Kates, Handgun Prohibition and the Original Meaning of the Second Amendment, 82 Mich. L. Rev. 204, 224, 241-51 (1983).

The same can be said of machineguns – although they are not considered protected as being allowed in private hands for the same reason that WMD’s are not: the Common Law limited certain very lethal weapons to being in the exclusive hands of the state to avoid the defacto creation of private armies. The NRA in fact provided an expert witness on the matter at hand.

Where the opinion will require continuing judicial supervision – in fact the appointment of a special master on remand is on the process of registering handguns in the District. That is the real issue and one that has received scant attention. The Silberman opinion did not wipe out registration – in fact it ordered it. That raises the issue of who can acquire and register handguns in accordance with the Court opinion.

The District of Columbia for Gun Control Act purposes is considered a state (18 USC 921(a)(2)). That means that the federal rules regulating transactions between residents of different states apply. That means as to handguns that DC residents cannot outside the district, acquire handguns and bring them back into the district. Also, non DC residents cannot transfer guns to DC residents unless the transaction is brokered through a federal firearms licensee (FFL) who is licensed by BATF to operate within DC. I am told that there are no DC licensed gun shops as such. That being the case, persons who possess handguns in the District who could take advantage of the opinion is quite limited if not non existent – as noted below. It is important to note that Silberman’s ruling did not wipe out the registration provisions – in fact that was the relief requested. Rather, it wiped out the bar to registering (and thus legally having) guns. There will not be a rush to buy guns because there are no legal outlets – as of today – in the District.

One day in the life of Xenia

Xenia decided to participate in a Live Journal “A day in my life”. She chose last Saturday when we went to Portland. The results are here.

It was while we were there that I discovered one of our identical quadruplets is gone. We are down to just three now:

Since they kind of keep to themselves and are generally doing their own thing I hadn’t noticed until the Xenia that was with us posted the picture and I asked, “Where’s the other one?!!!!” Xenia immediately, and without any guilt whatsoever said, “We killed her.” Then she gave me “the look” which in this context meant, “So what do you think you are going to do about it?” She was right of course. As far as proof we can only prove the one. And which one is missing? And how do you know she is missing?

[heavy sigh]

Our little murderess also posted a bunch of picture of Voodoo donuts and other highlights of her spring break trip here.

Quote of the day–Herman Melville

A man of true science uses but a few hard words… whereas the smatterer in science… thinks that by mouthing hard words he understands hard things.

Herman Melville
[A similar thing occurs with people that know virtually nothing about guns. They talk of “assault weapons”, “high capacity clips”, and other nonsense things. Then these bigots claim they should be allowed to regulate such things that they don’t even know the vocabulary for.–Joe]