More California Ballot Cranks

Hayes D. is back with a look at some legendary ballot cranks of California history:

I took a sick pleasure in writing about Measure S and Michael Weinstein the other day. Thanks to Steve for asking me to do that.

While I was at it, I dug into some of the other rich, angry men who took advantage of the California ballot system: guys like Weinstein who spent a ton of money and made pretty extreme changes to the law without ever actually being elected to office.

Here are two!

HOWARD JARVIS

Howard Jarvis was the guy behind Proposition 13, a 1978 state ballot initiative that slashed the property tax for everybody in California by about 60 percent.

That tax cut now costs California somewhere between $20 billion and $150 billion a year.

“Is that a lot?” Well, the entire state budget for 2017-2018 is $179.5 billion. So if you take the middle of the Prop 13 cost estimate, that means one slightly overweight businessman from West Hollywood basically cut California’s budget by a third.

Jarvis was a millionaire from LA who got rich making airplane parts and garbage disposals and other stuff. Your classic 1950’s generic “businessman.” What separated him from his peers was how much he hated taxes.

So after he retired in 1962, he ran for office a few times on an anti-tax platform. Lost every time. Then he discovered the ballot initiative route, and in 1979 he wrote up Proposition 13: a rule that the property tax could only be about 1% of the appraised value of the property, and it couldn’t go up unless the property was sold.

With the help of the base he built from his other campaigns, he and his wife gathered 1.5 million signatures to get it on the ballot. Then Jarvis went on a barnstorming tour of California and riled everybody up so good that the measure passed with 65 percent of the vote.

How did he get this thing passed when basically every elected official in California was against it? This section of his LAT obituary about his rallies might sound familiar to those of us who were alive in 2016:

“When I have three, four, five thousand people, I really pour it on,” he said in his gravelly voice. “Like a goddamn Baptist preacher. I tell ’em how government is clobbering them. I rev ’em up. I talk about basic human rights.”Jarvis was quick to admit that playing on the public’s fears was one of the trump cards that made Proposition 13 a big winner.

Fun word choice in that last sentence! Like being mocked from the past.

Also familiar in modern times: Jarvis was rich but managed to come off as an everyman because he was a loud, fat, funny slob. Here’s one of several observations about his pipe habits from this article by a guy who worked for him:
When he got excited, Jarvis would puff harder on his pipe, and this created a lot of excess “tobacco juice.” During one unfriendly interview with a reporter, Jarvis got agitated and started puffing hard. At one point, sitting behind his big, false desk with no drawers, Jarvis leaned forward and spit some of the excess tobacco juice into a waste can. Jerry Carroll, on the other side of the desk without benefit of a full view, wrote in a 1994 San Francisco Chronicle story that at one point in an interview Jarvis, “jerked opened a drawer in his desk, spit into it and slammed it shut.”

Buried in that passage is the revelation that there is such a thing as a “false desk.”

Jarvis made a bunch of commercials for Prop 13 starring himself and was constantly on TV talking about it. Somehow he got nationally famous doing this. He made the cover of Time!
A 75-year-old California anti-tax activist! On the cover of Time Magazine! The past: it was different.

Here’s maybe the most insane thing. Remember the guy in Airplane! who waits in the cab for the entire movie? That’s Howard Jarvis.

Some people seem to think that his cameo was some kind of inside joke referencing Prop 13. I’m not persuaded by that.

Prop 13 is still California law today, and the legacy of it is… just incredibly depressing. It’s so bad.
Here’s a KPBS reporter talking about it in 2010:

FARYON: Well let’s go back to prior 1978, back in the day when schools needed money. More money to hire students, to pay for classrooms, supplies, and so on. They basically looked to the local taxpayer for money in the form of property taxes. And in fact, they set their budgets, went to the county assessor, the property tax rate was set, and then they collected enough money. As much money as they needed. After 1978, what happened was we couldn’t do that anymore. It was a statewide cap. One percent – that’s all the money that you got. So as a result, before 1978, before Prop 13, statewide the schools had a $9 billion budget. After Prop 13 they lost $3 billion – a third of that – overnight.
***
Here’s a look at California’s per-pupil spending for the past four decades in comparison to other states. The last time California was at the top of the heap was 1965, when it ranked 5th. In 1978 – the year Prop 13 passed –California was 14th out of 50. The next year, the state fell to 22nd place. In 1988, California fell below the national average for the first time and never recovered. The state now ranks 43rd.

Somewhat relatedly, LAUSD is currently running a deficit of 1.46 billion.

Lots of clips of Jarvis and stuff about the present-day effects of Prop 13 in this fun NYT docushort.

Ron Unz

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Ron Unz with 80 dollars. Source

Ron “Make ‘Em Say” Unz wrote and spent $750,000 of his own money on Proposition 227, a ballot initiative that made it against the law for California schools to teach in any language other than English.

He was born in North Hollywood under cool, 60s-style circumstances. From an LA Weekly profile:
When Ron Unz’s mother, a politically active left-wing schoolteacher from Los Angeles, was in her mid-20s, she met an older professor from the Midwest on a flight to Israel. He seemed odd, eccentric even, but clearly brilliant, too, and Esther-Laio Avrutin decided, after he‘d visited her several times when she’d returned to L.A., that she would a have a child with him. When Esther-Laio wrote to her lover to let him know about her pregnancy, the letter was opened by the professor‘s wife — the existence of this wife came as startling news to Esther-Laio — and that ended any possibility that, her sister says, they would be married.

Unz only met his dad a couple of times in his life. A sad thing I discovered: the dad’s obituary does not mention Ron among his children. Oof.

A few details from this somewhat excessively flattering New Republic cover story:
After college, Unz became sort of a nineties proto-Peter Thiel: he got rich writing software for the financial industry, then got involved in libertarian policy and spent $2 million to run in the Republican primary against the incumbent governor of California, Pete Wilson.

He got 34 percent of the vote, which seems like a lot? Against a sitting Governor, as a non-famous person? Would real Peter Thiel even get that much today?

In 1998, Unz simultaneously ran for Senate and launched Prop 227, because he thought teaching immigrant children in their native language wasn’t preparing them to get good jobs. His staff for both campaigns was only two people.

Here’s an ad for 227, seemingly targeted at Latino families:

Unz whiffed on the Senate run, but 227 passed with 61% of the vote. Did it help kids? A 2014 Stanford study conducted with 18,000 students over ten years looked into that:
The results show that while students in English immersion programs perform better in the short term, over the long term students in classrooms taught in two languages not only catch up to their English immersion counterparts, but they eventually surpass them, both academically and linguistically.

So: no, not really. Forcing kids who didn’t speak English to be taught exclusively in English was, it turned out, not a great idea.

Unz put a lot more measures on the ballot, none as successful as Prop 227. But the fact that he was able to rally millions of people to do anything at all is still impressive, because Ron Unz is not, uh, traditionally charismatic. Listen to this voice:

That’s from his 2016 Senate bid. Not successful. Prop 227 also got overturned by a huge margin in that same state election. Also in 2016, Unz staged a failed coup against the Harvard Board of Overseers as part of a very strange, backhanded campaign against affirmative action. Tough year for Ron Unz!

Weird mood in Hollywood

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Based on a short walk around the physical area Hollywood in the middle of the day,  I gotta say: a weird vibe!  Hazy conditions contributing to an off-kilter mood.

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No one likes to see their society’s most important ritual suffer a systematic breakdown.

Far the exuberance and confidence of 1996.


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More Hayes is in the pipeline on California’s proposition cranks, and we have a report to come on a visit to the District 5 City Council Debate.


No On Measure S

Today, Helytimes Readers, we have a special treat.  Writer Hayes D. will learn us about Measure S!  

You may know Hayes from his work on Hollywood Handbook, Family Guy, and Eastbound & Down.  He is also on the case of Los Angeles issues.  We have an election here on March 7, and the tale of Measure S is crazy and worth hearing about!

Take it away Hayes
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Los Angeles in 1878 (and 2020 if Measure S passes). Source.

Measure S is a proposition on the ballot in the March 7th Los Angeles election. If it passes, it would stop most new construction in LA from being built for two years.

It would also ruin the city.

Is that an exaggeration? Maybe. But also: maybe not!

LA Is In the Middle of a Full-Blown Housing Crisis

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Source: Legislative Analyst’s Office

Los Angeles is currently the least affordable city in the US when you account for median income, and it has the largest unsheltered homeless population by tens of thousands.

The primary cause of these problems is a housing shortage, especially affordable housing. LA needs to build a lot more places for people to live, as quickly as possible. If the housing supply grows, then costs don’t rise as quickly, more people can afford to live here, and fewer people get thrown out of their apartments by landlords who want to charge more. LA barely avoids becoming a luxury playground-fortress for billionaires like San Francisco is doomed to be.

But Measure S means LESS housing. And that means the crisis would get way worse. Rent would go up, affordable housing construction would plummet, and many, many more people would end up displaced and homeless.

Both the Republican and Democratic parties of Los Angeles have come out against it, along with the Mayor, the LA Times, and a lot of others.

A lot of actual experts have written much better stuff than I could about this.

But maybe the scariest thing about Measure S, to me is that it’s basically the whim of one rich guy.

A lot of California initiatives are like that: if you spend enough money, you can buy enough signatures to get pretty much anything on the ballot. Then, if you spend even more money, your proposal has a pretty good chance of becoming the actual law.

As a result, the state has a history of very wealthy, very angry people throwing cash around to get their own measures through the ballot initiative system, sometimes even successfully.

The angry person behind Measure S is Michael Weinstein.

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Michael Weinstein’s website bio pic.

Weinstein, the CEO of the AIDS Healthcare Foundation, is positioning himself to be the premier California ballot crank of the 21st century. My man is real good at this.

He almost singlehandedly got two propositions on the November 8th state ballot:
  • Prop 61, which was supposed to lower the prices that public employees pay for drugs
  • Prop 60, which would force porn actors to wear condoms

Two normal things for the people to vote on, as the Founding Fathers intended.

And he originally had THREE things on that ballot! Measure S was supposed to be on it too, but he moved it to March.

Both of his November measures failed, and Measure S probably would have, too: Weinstein moved it because the turnout is much older and more conservative in March, and therefore more likely to be mad about multi-family housing being built within ten miles of them. That’s how ballot-savvy this guy is! Dude lives for this shit.

But Weinstein differentiates himself from a traditional ballot crank in a couple of ways that make him, to me, a lot scarier. First:

Michael Weinstein’s ballot initiatives are designed to benefit Michael Weinstein.

Let’s look at Weinstein’s two November ballot measures for a second, Props 60 and 61.

The condom bill, had it passed, required the state to appoint a “porn czar” who would be allowed to sue any porn studios that were caught (sorry to use a legal term) rawdogging.

The bill also specified that:
  • The porn czar had to be Michael Weinstein.
  • He would get paid by the state to do this job (watch porn and sue people over it).
  • The state wouldn’t be allowed to fire him, unless it got a majority vote from both houses of the state legislature.
  • Even then, he could only be fired with “good cause.” Like… not watching enough porn, I guess.

This is all 100% true. The porn czar stuff starts at the bottom of page 12 of the bill, if you care. Of course, none of this information appears on the actual ballot, so most voters would never find out about it.

(The story of Weinstein’s lifelong condom-pushing is significantly too convoluted and weird to even get into here, but read this Vice article if you want to know more about it.)

Weinstein’s drug bill, meanwhile, would have made it the law that the prices paid by state employee HMOs for drugs couldn’t be higher than the discounted price the VA pays. Sounds great! But it exempted certain HMOs from the rule… including the HMO Michael Weinstein himself runs. He also once again wrote in a rule allowing him to sue people who violated the law, while having the state pay his legal fees.

(That bill was also sloppily written and potentially bad for other reasons, but the whole thing is pretty complicated so read this rebuttal maybe.)

Both of these propositions BARELY failed. Each one got about 46% of the vote. Weinstein came very close to fulfilling his goal of filing thousands of lawsuits a day over drug price violations and unsheathed penises.

But Measure S is somehow even more baldly self-interested than 60 and 61, and much simpler in its motives. It’s all about a building next to his building.

A couple years ago, a developer signed an agreement with the Palladium concert hall in Hollywood to build a couple of high-rise apartments right behind the venue. This made Michael Weinstein extremely mad, because the Palladium is next door to his AIDS Healthcare Foundation building, and he thought the towers would block the view from his corner office.

And they really would! Look at this picture. Weinstein’s building is on the far left.
palladium3

Rendering by Palladium Towers, found at Curbed

Other than the fact that it says “SINATRA” on the marquee, the important thing about that image is that Michael Weinstein’s view is definitely being messed up. And the view from his office is important to him, as illustrated in the lede of this great LA Weekly profile:

Michael Weinstein peers out the window of his corner office on the 21st floor. Hollywood is growing all around him. In every direction, there are construction cranes, dirt pits and street closures.

“It’s just ungodly,” he says.

Very chill, approachable guy. Not at all supervillainy.

So Weinstein filed a bunch of complaints to stop the Palladium towers. When the city approved the towers anyway, he sued the city.

And in case that didn’t work out, he spent millions of dollars to get an initiative on the city ballot that would stop construction of not just the Palladium towers, but ALL new high-rises in Los Angeles, along with hundreds of other projects, including tens of thousands of units of affordable housing.

That’s all Measure S is. One guy’s blood vendetta against an unbuilt high-rise. For all the rhetoric about preserving neighborhoods, it’s really about preserving Michael Weinstein’s view, at no cost to him.

Really. This whole campaign isn’t costing him a dollar. Because:

Michael Weinstein doesn’t spend his own money on his political causes. He spends money donated by other people to the AIDS foundation he runs. 

Everybody who lives in LA knows about the AIDS Healthcare Foundation from their billboards. They advertise their STD testing services and, of course, condom use. And they are quite cheeky.

Here’s a fun one:
Others employ topical humor. (“GET TESTED AND CHILL,” “WE CATCH ‘EM ALL”). Some just have giant condoms on them that say “USE A CONDOM.” (Disclosure: I kind of like all of these billboards.)

But as of the last few months, almost every AIDS Healthcare Foundation billboard now reads “VOTE YES ON MEASURE S.” 

Because Michael Weinstein put all of the foundation’s STD prevention advertising on hold to push his ballot initiative. According to his election filings, all those Measure S billboards cost his AIDS charity $250,000 (in addition to the cost to society of all the untreated gonorrhea cases that the old billboards would have prevented).

So who else, other than the AIDS Healthcare Foundation, is contributing to Measure S? Let’s check Ballotpedia:

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A guy named Aaron Enstein and a patio company, for a total of $9,000.

Also, “Aaron Enstein” is probably a typo for Aaron Epstein, who’s listed among the Measure S endorsers and is…
epstein
…also a patio company.

The patio stuff seems weird but maybe it’s very smart? If Measure S passes that means fewer apartments, more single-family housing… more patios, baby! Patios are lot more relevant to the cause than, say, an AIDS foundation.

As of last Friday, AHF pumped even more into the campaign fund.

hillel-tweet

So that’s about $3 million from AHF, about $9,000 from anybody else.

And look at all the grassroots support Weinstein amassed for Propositions 60 and 61 from November.

For 61 (the drug bill):
prop-61-donors2
And for 60 (the condom bill):
prop-60-donors

One name you don’t see among any of the donors is “Michael Weinstein.” It’s all foundation money. He has near-total discretion over how it’s spent. Far from costing him anything, he gets paid $400,000 a year by his foundation to do this.

I went to the AHF website. On the landing page, there’s a giant DONATE button. I smashed it.

Here are the options they give you for where your money goes:
  • $10 – Be a Friend of AHF
  • $50 – Help Purchase Medical Supplies
  • $100 – Help Save a Life
  • $500 – Trains a Physician in the Provision of HIV/AIDS Medical Care
  • $1000 – Provides HIV/AIDS Treatment and Care to Five Patients for a Year
  • $5000 – Provides HIV/AIDS Treatment and Care for 25 Patients for a year
  • $10000 – Supports HIV/AIDS Prevention & Care Worldwide

No option for “Help Finance a Local Ballot Initiative to Stop the Construction of Apartment Complexes in Los Angeles.”

I looked around some more. Couldn’t find any mention of any of their ballot initiatives ANYWHERE ON THE SITE.

Opinion: If I were a donor to the AIDS Healthcare Foundation, maybe because I or a loved one had been affected by AIDS in some way, I might not be psyched to find out that my money was being spent the way Weinstein is spending it. I might… I don’t know, call the police?

Disclaimer: I’m sure they do a lot of great things to prevent the spread of AIDS also.

A friend once told me about a guy he grew up with in Arkansas who threw a charity crawfish boil for a children’s hospital, then pocketed all the cash. I see only a marginal difference between the fake charity crawfish boil and what Michael Weinstein is doing with the AIDS Healthcare Foundation and Measure S. And the crawfish guy, I’m told, got caught and went to jail. Weinstein is doing this in plain view.

I hope the people of LA can get together and block that view on March 7th.

 


Drudge

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continues to be a guilty pleasure.


Eisenhower appears in a dream

Last night in my dream Dwight Eisenhower appeared.  What would he make of all this?  We didn’t have a chance to discuss it.

A golfer.  A university president.  Chosen over other generals to command the Allied Expeditionary Force because of his understanding of and gift for diplomacy.

100% white men around him.  What would’ve been his view on trans bathrooms?

A Republican who invested the government in big projects, like the interstate highway system, and warned against defense spending in his farewell speech, which is thought-provoking:

Yet in holding scientific discovery in respect, as we should, we must also be alert to the equal and opposite danger that public policy could itself become the captive of a scientific-technological elite.

Confidence, competence.

The current president like a clown version of him, a grotesque vision from a nightmare.

Source

Source: the Wikipedia article on “grotesque”

Eisenhower was from Abilene, Kansas.

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First president to ride in a helicopter.

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Three Good Reads

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Way out in Death Valley

Three provocative reads about Trumptimes.

First up, this one, from Medium: “4Chan: The Skeleton Key To Trump” by Dale Beren, about 4Chan, Gamergate, and young male Trump supporters:

They disguised their own sensitivity (namely, their fear that they would be, “forever alone”) by extreme insensitivity. The rules, like everything else, were always half in jest. Everything had to be a done with at least a twinkle of winking irony. This was an escape route, a way of never having to admit to your peers that you were in fact expressing something from your heart, in other words — that you were indeed vulnerable. No matter what a user did or said, he could always say it was “for the lulz” (lols). Like (by comparison the tame and sophisticated precursor) “Something Awful” board that spawned it, 4chan defined itself by being insensitive to suffering in that way only people who have never really suffered can — that is to say, young people, mostly young men, protected by a cloak of anonymity. The accepted standard was a sort of libertarian “free speech” banner, in which isolated man-boys asserted their right to do or say anything no matter someone else’s feelings. This meant generally posting pornography, swastikas, racial slurs, and content that reveled in harm to other people.

And this:

It was almost as if all these disaffected young men were waiting for a figure to come along who, having achieved nothing in his life, pretended as though he had achieved everything, who by using the tools of fantasy, could transmute their loserdom (in 4chan parlance, their “fail”), into “win”.

Section 5 of the article is where it really gets going, if you’re strapped for time:

Trump, of course, has made his fortune in a similar manner, with casinos, correspondence courses, and pageants, swindling money out of aspiring-millionaire blue collar workers, selling them not a bill of goods, but the hope of a bill of goods, the glitz and glamour of success, to people who don’t win, or in Trump’s parlance, “don’t win anymore.” As if once, in the mythic past he invented, they did once and soon will again, since at the heart of what he promised was, “you’ll win so much you’ll get sick of winning”. In other words, if we are to understand Trump supporters, we can view them at the core as losers — people who never ever bet on the right horse — Trump, of course, being the signal example, the man obsessed with “losers” who, seemingly was going to be remembered as one of the biggest losers in history — until he won.

The older generation of Trump supporters the press often focuses on, the so called “forgotten white working class”, are in this sense easier to explain since they fit into the schema of a 1950s-style electorate. Like the factory workers in Factotum, the baby boomers were promised pensions and prosperity, but received instead simply the promises. Here the narrative is simple. The workers were promised something and someone (the politicians? the economy? the system itself?) never delivered. Their horse never came in.

This telling of the story ignores the fact that, as Trump often points out, “it was a bad deal”. The real story is not that the promise was never fulfilled. Manny and Hank’s deal with the workers was the same as the factory’s deal with them: the empty promise was the bargain. The real story is not that the horse didn’t come in, it’s that the bet was never placed.

In the first presidential debate, Hillary evoked her conservative father as a way of appealing to the electorate, “My father was a small-businessman.” she said. “He worked really hard… And so what I believe is the more we can do for the middle class, the more we can invest in you…”

No one noted how wildly outdated Clinton’s picture of the average voter was (her father, a suburban business man in the 50s) because we are used to every politician holding up the same faded 65 year old snapshot anytime he or she regards the American electorate. Just like how images of Christmas on Coke bottles and catalogs are forever stuck in the 30s and 40s, so we expect politics to be eternally frozen in the 1950s. That is to say, as a nation still (somehow!) defined by its baby boomers, we understand this era as the baseline for understanding ourselves, considering it, “where we are from”.

But what does the American electorate look like if we put down the snapshot? Peel away how we perceive ourselves from what we actually are? How has that image of a 1950s business man who owns his own home in the suburbs changed after decades of declines in wages, middle classdom, and home ownership?

To younger generations who never had such jobs, who had only the mythology of such jobs (rather a whimsical snapshot of the 1950s frozen in time by America’s ideology) this part of the narrative is clear. America, and perhaps existence itself is a cascade of empty promises and advertisements — that is to say, fantasy worlds, expectations that will never be realized “IRL”, but perhaps consumed briefly in small snatches of commodified pleasure.

Thus these Trump supporters hold a different sort of ideology, not one of “when will my horse come in”, but a trolling self-effacing, “I know my horse will never come in”. That is to say, younger Trump supporters know they are handing their money to someone who will never place their bets — only his own — because, after all, it’s plain as day there was never any other option.

In this sense, Trump’s incompetent, variable, and ridiculous behavior is the central pillar upon which his younger support rests.

This made me think about the Chapo Dudes.  Though from the opposite side of the political aisle, their failson language and busted, depressed tone seems somewhere on the same spectrum.  Their Twitters are really funny but kinda hopeless and nihilistic.

Trump supporters voted for the con-man, the labyrinth with no center, because the labyrinth with no center is how they feel, how they feel the world works around them. A labyrinth with no center is a perfect description of their mother’s basement with a terminal to an endless array of escapist fantasy worlds.

Trump’s bizarre, inconstant, incompetent, embarrassing, ridiculous behavior — what the left (naturally) perceives as his weaknesses — are to his supporters his strengths.

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at the pyro festival in Lake Havasu

Next up, “Sanctimony Cities” by Christopher Caldwell in the Claremont Review, “the bible of highbrow Trumpism” says the NYT.  (I first found Claremont Review back when Mark Helprin was writing for it, where’s he been?  Too much Mark Helperin, not enough Mark Helprin if you ask me).  Thought this insight about tribalism was worth hearing:

Any place that has political power becomes a choke-point through which global money streams must pass. Such places are sheltered from globalization’s storms. They tend to grow. Austin, Texas, adds tens of thousands of residents a year, and is now the country’s 11th-largest city. The four richest counties in the United States are all in the suburbs of Washington, D.C. Resources are sucked from almost everywhere into political capitals and a few high-tech centers and university towns allied with them, where ambitious people settle and constitute a class. The Democratic Party is the party of that class, the class of the winners of globalization.

There are now just three regions of the country in which Democrats dominate—New England, California, and the Pacific Northwest. Otherwise, the party’s support comes from the archipelago of powerful New Economy cities it controls. Washington, D.C., with its 93-to-4 partisan breakdown, is not that unusual. Hillary Clinton won Cambridge, Massachusetts, by 89 to 6 and San Francisco by 86 to 9. Here, where the future of the country is mapped out, the “rest” of the country has become invisible, indecipherable, foreign.

And the rest of the country belongs to Trump. Pretty much all of it. Trump took 85% of America’s counties; Hillary Clinton took 15%. Trump even won a third of the counties that voted for Barack Obama twice. In November the New York Times had the idea of drawing up a topographical map for each candidate that showed won counties as land and lost counties as water. Trump’s America looks almost exactly like the actual United States, diminished a bit on the coasts and with a couple of new “lakes” opened up in urban areas. Hillary’s looks like the Lesser Antilles. It is possible to travel coast to coast—from, say, Coos Bay, Oregon, to Wilmington, North Carolina—without passing through a single county that Hillary Clinton won. Indeed there are several such routes. This is the heart of the country and it is experiencing a kind of social decline for which American history offers no precedent. (The economic crises of the 1870s and 1930s were something different.) Here people fall over, overdosed on heroin, in the aisles of dollar stores, and residential neighborhoods are pocked with foreclosures. This country, largely invisible to policymakers until the 2016 election, is beginning—only just beginning—to come into view. Trump was the first candidate to speak directly to the invisible country as something other than the “everyplace else” left over when you drive away from the places that are powerful, scenic, or sophisticated.

Intense:

Trump intuited that the difference between Republicans and Democrats was a tribal one. Feminism and anti-racism had become successful policies not because they convinced voters logically or struck them as sensible, although in many cases they did, but because they conveyed loyalty viscerally. “Breaking the glass ceiling,” for instance, was supposed to be the theme of Hillary Clinton’s victory party on election night at New York’s Javits Center. Her staff chose that venue because it literally has the largest glass ceiling surface in New York. Glass-ceiling rhetoric was not an ethical argument but a war-cry. It was not about women but about our women. When, shortly after the election, Trump named his campaign manager Kellyanne Conway a White House counselor, his press release announced she was “the first female campaign manager of either major party to win a presidential general election,”—which indeed she was! Had ideological feminism rather than tribal loyalty been at issue, this would have been considered an achievement worthy of extensive coverage. It was not.

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Badwater Basin had rain in it!

Last, “The Shallow State” by David Rothkopf in Foreign Policy:

The shallow state is in many respects the antithesis of the deep state. The power of the deep state comes from experience, knowledge, relationships, insight, craft, special skills, traditions, and shared values. Together, these purported attributes make nameless bureaucrats into a supergovernment that is accountable to no one. That is a scary prospect. But the nature of bureaucracies, human nature, inertia, checks and balances, and respect for the chain of command makes it seem a bit far-fetched to me. (The bureaucracy will drive Trump, like many presidents, mad, and some within it will challenge him, but that’s not the same thing.)

The shallow state, on the other hand, is unsettling because not only are the signs of it ever more visible but because its influence is clearly growing. It is made scarier still because it not only actively eschews experience, knowledge, relationships, insight, craft, special skills, tradition, and shared values but because it celebrates its ignorance of and disdain for those things. Donald Trump, champion and avatar of the shallow state, has won power because his supporters are threatened by what they don’t understand, and what they don’t understand is almost everything. Indeed, from evolution to data about our economy to the science of vaccines to the threats we face in the world, they reject vast subjects rooted in fact in order to have reality conform to their worldviews. They don’t dig for truth; they skim the media for anything that makes them feel better about themselves. To many of them, knowledge is not a useful tool but a cunning barrier elites have created to keep power from the average man and woman. The same is true for experience, skills, and know-how. These things require time and work and study and often challenge our systems of belief. Truth is hard; shallowness is easy.

And:

It is convenient to blame Trump and write this off as a flaw in his character and that of his acolytes and enablers. But, honestly, you don’t get a reality TV show president with no experience and no interest in big ideas or even in boning up on basic knowledge (like the nature of the nuclear triad — after all, it has only three legs) without a public that is comfortable with that … or actively seeks it. Think about the fact that two out of the last four Republican presidents came from show biz (and a third gained a chunk of his experience as a baseball executive). There is no doubt that the rise of the cage-match mentality of cable news has undercut civility in American political discourse, but it has also made politics into something like a TV show. You switch from the Kardashians to Trump on The Apprentice to Trump the candidate in your head, and it is all one. Increasingly shows are about finding formulas that produce a visceral reaction rather than stimulate thoughts or challenge the viewer. That’s not to say that not much is wonderful in the world of media today … but attention spans are shrinking. Social media contributes to this. But the way we consume even serious journalism does, too. Much of it is reviewed in quick snippets on a mobile device. The average visit to a news website is a couple of minutes, the average time spent with a story shorter still. We skim. We cherry-pick.

img_0434

A long road ahead


Emolument

mill-wheel

Source: giphy

emolment

screen-shot-2017-02-16-at-10-30-27-pm

From the Heritage Foundation, about as conservative as it gets:

Similarly, the Framers intended the Emoluments Clause to protect the republican character of American political institutions. “One of the weak sides of republics, among their numerous advantages, is that they afford too easy an inlet to foreign corruption.” The Federalist No. 22 (Alexander Hamilton). The delegates at the Constitutional Convention specifically designed the clause as an antidote to potentially corrupting foreign practices of a kind that the Framers had observed during the period of the Confederation. Louis XVI had the custom of presenting expensive gifts to departing ministers who had signed treaties with France, including American diplomats. In 1780, the King gave Arthur Lee a portrait of the King set in diamonds above a gold snuff box; and in 1785, he gave Benjamin Franklin a similar miniature portrait, also set in diamonds. Likewise, the King of Spain presented John Jay (during negotiations with Spain) with the gift of a horse. All these gifts were reported to Congress, which in each case accorded permission to the recipients to accept them. Wary, however, of the possibility that such gestures might unduly influence American officials in their dealings with foreign states, the Framers institutionalized the practice of requiring the consent of Congress before one could accept “any present, Emolument, Office, or Title, of any kind whatever, from…[a] foreign State.”

Meanwhile I read the news:

China awards Donald Trump valuable trademark deal

Donald Trump sons set for UAE visit to open Trump International Golf Club Dubai

(A fun aspect to the Trump deal is: feels like every Joe and Josephine on Twitter is rapidly presenting themselves as a self-taught expert on like intelligence practices and the Ninth Circuit and what “emoluments” means.)

A thing I don’t understand: there must be at least one or two of the 248 Republican congressmen who’ve fantasized since youth about a chance to go full Profiles In Courage.

profiles

Here’s your chance bro!  Take on your scumbag President, go down for it, live on!  Are they all too lame? (Update: a possible candidate)

Anyway.  A chance to revisit famous mills of my youth:

Wayside Mill, Sudbury, MA

Wayside Grist Mill, Sudbury, MA

 


Well? Did I?

mvb

MVB is today’s Met Artwork Of The Day, snapped by Matthew Brady.


Bull

img_8348

Norton Simon Museum

There’s a beautiful Picasso lithograph of a bull, and it starts off as this beautifully rendered, three-dimensional bull and he just takes stuff away from it. There’s several in the series, but by the end of it, it’s just four or five lines that really evokes “BULL.” There’s something artistically sophisticated about it that also suits me as a person. I had such an early love for the Charles Schultz comics, and those TV specials. It sounds kind of embarrassing to say, but those Halloween and Christmas specials were really important in terms of giving me the artistic bug. There was an under-indication on the surface but then a quite capacious moral world behind it that really intrigued me.

so says George Saunders in Vulture.  Happened to see some of these at the Norton Simon Museum one day this fall:

img_8323

first

img_8321

third

sixth

sixth

ninth

ninth

img_8316

I dunno, third is pretty good.  Also not bad:

bully-for-bugs

In his biography Chuck AmuckChuck Jones claims that he made this cartoon after producer Eddie Selzer burst into Jones’ workspace one day and announced, for no readily apparent reason, that bullfights were not funny, and they were not to make a cartoon about them. Since Selzer had, in Jones’ opinion, consistently proven himself to be wrong about absolutely everything (having once barred Jones from doing any cartoons featuring Pepé Le Pew, on the grounds that he perceived them as not being funny, which led to Jones and Maltese to do For Scent-imental Reasons, which won an Oscar, which Selzer accepted), the only possible option was to make the cartoon.

Discussion Question: is George Saunders influenced at all by Bugs Bunny?

bugs


Cambridge Analytica

from CA's website

from CA’s website

Remarkably reliable deductions could be drawn from simple online actions. For example, men who “liked” the cosmetics brand MAC were slightly more likely to be gay; one of the best indicators for heterosexuality was “liking” Wu-Tang Clan. Followers of Lady Gaga were most probably extroverts, while those who “liked” philosophy tended to be introverts.

Interested by this article by Hannes Grassegger and Mikael Krogerus in Motherboard about mysterious data company Cambridge Analytica. These don’t seem like especially amazing conclusions to draw.

What about this:

The 70-year-old Trump is not digitally savvy—there isn’t even a computer on his office desk. Trump doesn’t do emails, his personal assistant once revealed. She herself talked him into having a smartphone, from which he now tweets incessantly.

History’s greatest criminal?

Wild to think of this dark force coming out of Cambridge University.

And how does this outfit connect to Oxford Analytica, founded by Kissinger assistant David Young?

Not loving the news I see on the Oxford Analytica Daily Brief lately.


Heartlessness

saigyo

My friend Sammy on her Instagram posted some quotes from her boyfriend’s Zen calendar that were not helping.

Due to the turbulent times, Saigyō focuses not just on mono no aware (sorrow from change) but also on sabi (loneliness) and kanashi (sadness). Though he was a Buddhist monk, Saigyō was still very attached to the world and the beauty of nature.

Others elsewhere translate mono no aware as something like beautiful melancholy or a feeling of longing so agonizing it’s pleasure.

To be “heartless” was an ideal of Buddhist monkhood, meaning one had abandoned all desire and attachment.

From Saigyō’s Wikipedia page.

saigyo

Source. Public domain under Japanese law

Above we see Saigyō drawn by Kikuchi Yōsai, famous for his monochrome portraits of historical figures.

fullsizerender-12

 


Let’s keep this simple

flynn

[National Security Advisor Michael] Flynn repeatedly called the Russian embassy in Washington to discuss the transition. The White House has denied that anything substantive came up in conversations between Flynn and Sergei Kislyak, the Russian ambassador.

That was a lie, as confirmed by an extensively sourced bombshell report in TheWashington Post, which makes clear that Flynn grossly misrepresented his numerous conversations with Kislyak—which turn out to have happened before the election too, part of a regular dialogue with the Russian embassy. To call such an arrangement highly unusual in American politics would be very charitable.

so says The Observer which is controlled by the President’s son in law?

What the fuck is happening?

 


Public Land, Part Two: What Happened with H. R. 621

We can’t all be experts on every outrage that’s going to come along.  At Helytimes we’ve taken on the issue of

Our Public Land

up in the national forest

up in the national forest

the land owned by the US government in the form of national parks, national forests, national monuments, and much more.’ The land we, the American People, own together, in other words.

Part One covered HJ Res 46, which proposes to ease up the rules for oil, gas, and mineral drilling and extraction in our national parkland.

Part Two: 

Victory on H. R. 621 and What We Can Learn From It

Meet Utah Congressman Jason Chaffetz

You may have heard of him, he was in the news this week catching hell at his town hall:

You may have seen some these videos on Twitter.

Chaffetz is an interesting character.

  • Born to a Jewish family in California
  • he was the placekicker on BYU’s football team.
  • Married a Mormon woman and converted to Mormonism.
  • Utah campaign manager for Michael Dukakis in 1988
  • at some point he became a Republican.  Possibly after meeting Ronald Reagan in 1990 (when, remember, Reagan had a decent degree of dementia)
  • Ran an aggressive Tea Party-style primary campaign in 2008 against a longtime Utah Republican, Chris Cannon, and knocked him out
  • An aggressive Benghazi investigator
  • Was all over the map on Trump: endorsing, unendorsing.  In the end he did vote for him
  • Has made it difficult for the residents of Washington DC to implement the legalization of marijuana they voted for

Here’s a funny article by Thomas Burr in the Salt Lake City Tribune about Chaffetz involving himself in DC local politics, and then getting payback where some DC politicians are like “fine Utah bitch you gonna tell us how to run our city then help us fix our potholes.”

Today though, we’re going to focus on a bill he introduced that comes up in the town hall.

H. R. 621: Story of a Victory

On Jan 24, Chaffetz introduced H. R. 621, which he titled “Disposal of Excess Federal Lands Act of 2017” which proposed to “dispose” – sell off – some land that is owned by you and me.

The Cosumnes River Preserve is home to California’s largest remaining valley oak riparian forest, and is one of the few protected wetland habitat areas in the state.

“The Cosumnes River Preserve is home to California’s largest remaining valley oak riparian forest, and is one of the few protected wetland habitat areas in the state.” Photo on BLM instagram by the legend, Bob Wick

 

Let’s back up.

Do the Republicans Want To Sell Off Our Land?

screen-shot-2017-01-22-at-9-53-07-pm

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Is this true?  Will Trump / The GOP Sell Off Our Public Land?!

Joshua Tree

JTree by Helytimes

My take: they definitely tried to do so.  Given nearly complete power after the 2016 election, it was a top priority for several Republicans.

The rush to sell off public land has been beaten back, for now.

There’s a lot to learn from what went down about how to win against the Republican Party of Donald Trump.

Bias: Love for national lands

I love national lands.  I love national parks and national forests and national historic sites and national seashores.  I love national monuments and national battlefields.

hartwells

Minuteman National Historical Park

from Acadia National Parks Instagram

from Acadia National Park’s Instagram

crater

Crater Lake

The best of the United States is on display in a US Park Service uniform.

from the NPS instagram

from the NPS instagram

The National Parks are the gems.  Most federal land is not like this at all.

How much land does the federal government

– the US –

– us –

own?

The federal government owns a huge amount of land.  For instance, the federal government owns about 84% of the total land area of Nevada.

Here is federal land ownership in California:

screen-shot-2017-01-20-at-8-27-35-pm

The federal government owns 47% of California.

As you can see, this is a much different issue for some states than others.  Here is Utah:

screen-shot-2017-01-24-at-9-55-57-pm

The feds own 66.5% of Utah.

from Boston Kayaker

from Boston Kayaker

The feds own a mere .8% of Rhode Island, mainly coastal scrubland.

Getting all that from this great piece in the Deseret (UT) News by Jackie Hicken.

All told the federal government owns about 28% of the nation’s total surface, 2.27 billion acres.

Isn’t that crazy?

Here is a reasonable position:

The federal government shouldn’t own that much land.  It’s not in the Constitution as a job for the federal government to own a buncha land.

Here’s a sample of that take:

Now: I think Lars Larson may even have a point about cutting down forests.  Forestry is a science, I’m not well-informed enough to opine on it except to say I believe any forester will tell you burns are part of a life cycle of a forest.

But I disagree with Lars Larson on his first part.  Because when we say “the government owns this land,”  really we mean we own this land.  What could be more “the people’s land” than land we all own together?  “Give the people’s land back to the people?”  It already is ours!

You and me.  The taxpayers.  The voters.  The government is just us.

 

 

What Are The Kinds Of Our Lands?

Here are the percentages of our land, broken down by which agency manages them for us.  The  “Big Five”:

screen-shot-2017-02-11-at-2-15-40-am

Proud of this chart I made.

(getting my data from here, from 2013.  The pie would be slightly bigger if we included the Department of Energy, and there’s the Indian reservations, but that’s a whole other thing.)

As you can see, the National Park Service owns a mere 13% of US federal land.

National Park Service handles:

  • National Parks
  • National Monuments
  • National Preserves

Plus battlefields, historic sites, seashores, etc.  As I understand it, the only way to get rid of these would be to pass a bill through both houses of Congress and have the president sign it.  A cool power of the President is that he can create a National Monument out of any existing federal land.  Obama did this often.

The Forest Service under the Department of Agriculture handles:

our National Forests.

The US Fish and Wildlife Service handles:

our National Wildlife Refuges.  (Their slice of the pie gets way bigger if you count marine acres.)

There are National Wildernesses, administered by various different folks because they’re usually part of some other land.

There’s lots of land owned by the Department of Defense,

Air Force, Marine Corps, and Army bases and such.  The Navy owns a surprising amount of inland land here in California for dropping bombs on.

screen-shot-2017-02-11-at-2-19-34-am

And there is a bunch of leftover extra land, BLM land, managed by the Bureau of Land Management.

The BLM owns about 47% of the west and one-eighth of the land of the United States.

(Here’s a good Gizmodo article by Wes Siller about this same topic).

blm

The biggest chunk of public land is BLM land

On a trip to California in 2002 or so the Jeppson-Gamez brothers took me to some BLM land.  I learned you can shoot a gun and drive a Jeep and do whatever the fuck you want on BLM land.  What a great privilege as an American.

Here’s some BLM land in California:

from BLM's instagram

from BLM’s instagram

Here are some facts:

A lot of federal land is already used, mined, logged, grazed, and exploited now

There’s logging in national forests, and mining and grazing on BLM land.  The major operating principle for BLM land law is “multi use.”  Please correct me if I’m wrong, I’m no expert just an interested citizen, but I believe most BLM rules stem from the Federal Land Policy and Management Act of 1976.

The National Forest Service, National Park Service, and now, the Bureau of Land Management, are commissioned in FLPMA to allow a variety of uses on their land (of greater concern for the BLM, who is the least restrictive in terms of uses) while simultaneously trying to preserve the natural resources in them. This concept is best summarized by the term ‘multiple-use.’ ‘Multiple use’ is defined in the Act as “management of the public lands and their various resource values so that they are utilized in the combination that will best meet the present and future needs of the American people.”

Who should handle this junk land has a long, contentious history

Here is a readable summary of some history on the subject.  Who should own and manage land that looks like this?:

sagebrush

Should the states manage it?  In the Depression the states didn’t want it.

Fights over which of the multiple uses should be favored come up all the time.  The most newsworthy fight in recent years on this topic, the weird Oregon standoff originated with Nevada rancher Cliven Bundy’s dispute with the BLM over grazing his cattle on their lands:

the dispute started in 1993, when, in protest against changes to grazing rules, Bundy declined to renew his permit for cattle grazing on BLM-administered lands near Bunkerville, Nevada. According to the BLM, Bundy continued to graze his cattle on public lands without a permit. In 1998, Bundy was prohibited by the United States District Court for the District of Nevada from grazing his cattle on an area of land later called the Bunkerville Allotment.

Cliven Bundy refused to recognize federal ownership of the land, claiming it rightfully belonged to Nevada, which would maybe be chiller about letting him graze his cattle there.

Cliven, found on this CNN piece about him claiming he's not a racist

Cliven, found on this CNN piece: Cliven Bundy says he’s not racist

This being the USA, Cliven’s stand led to, a few years later, Bundy’s sons sitting around with guns at a remote bird refuge while Dad reflected on his views on “the Negro“:

they abort their young children, they put their young men in jail, because they never learned how to pick cotton. And I’ve often wondered, are they better off as slaves, picking cotton and having a family life and doing things, or are they better off under government subsidy?

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Where does the GOP Congress stand on federal land ownership?

All over the place, is the answer.

1) the Republican Party’s platform supports returning some federal land to the states.

See here for a Snopes breakdown of this.  Here’s the language on federal land transfer in the Republican Platform:

The federal government owns or controls over 640 million acres of land in the United States, most of which is in the West. These are public lands, and the public should have access to them for appropriate activities like hunting, fishing, and recreational shooting. Federal ownership or management of land also places an economic burden on counties and local communities in terms of lost revenue to pay for things such as schools, police, and emergency services. It is absurd to think that all that acreage must remain under the absentee ownership or management of official Washington. Congress shall immediately pass universal legislation providing for a timely and orderly mechanism requiring the federal government to convey certain federally controlled public lands to states. We call upon all national and state leaders and representatives to exert their utmost power and influence to urge the transfer of those lands, identified in the review process, to all willing states for the benefit of the states and the nation as a whole. The residents of state and local communities know best how to protect the land where they work and live. They practice boots-on- the-ground conservation in their states every day. We support amending the Antiquities Act of 1906 to establish Congress’ right to approve the designation of national monuments and to further require the approval of the state where a national monument is designated or a national park is proposed.

Key word there is “certain”?

I think it’s possible to be passionate about maintaining our treasured national land, and still think some federal land could be better managed by the states.

There’s a lot of wack stuff in the GOP platform, like this:

A Republican administration should streamline personnel procedures to expedite the firing of bad workers, tax cheats, and scammers.

Obviously they’re not worried about the Commander in Chief who won’t release his tax returns.  Maybe they will be similarly hypocritical about conveying federally controlled land to states.

Ah-Shi-Sie-Pah Wilderness Study Area in New Mexico

Ah-Shi-Sie-Pah Wilderness Study Area in New Mexico

2) the Republican Congress changed rules to allow the federal government to give up land while counting it as “budget neutral”

Meet Rep. Rob Bishop of Utah:

rob-bishop

A Republican Congressman.  He is apparently responsible for a change in House of Representatives rules.  Now, I don’t know anything about House budgeting rules. This article, from The Salt Lake City Tribune, written by Juliet Eilperin, seems fair and clear:

Under current Congressional Budget Office accounting rules, any transfer of federal land that generates revenue for the U.S. Treasury — whether through energy extraction, logging, grazing or other activities — has a cost. If lawmakers wanted to give land-generating receipts to a given state, local government or tribe, they would have to account for that loss in expected cash flow. If the federal government conveys land where there is no economic activity, such as wilderness, there is no estimated cost associated with it.

But House Natural Resources Committee Chairman [Rob] Bishop [Republican Congressman of Utah], who backs the idea of providing state and local officials with greater control over federal land, has authored language in the new rules package saying any such transfers “shall not be considered as providing new budget authority, decreasing revenues, increasing mandatory spending or increasing outlays.”

This was the same rules package that had the ethics loosening thing that got people to call their reps in an effective show of democratic displeasure.  Here is a much-tweeted Guardian article on the topic.

There’s lots about public land on Rob Bishop’s website. One issue that seems to bother Rob Bishop in particular is Wilderness Study Areas.  And I agree they represent the complex mess of interests when you deal with public land.

A Case Study: How A Wilderness Study Area Becomes A Wilderness

The Wilderness Study Areas are roadless sections of land that the BLM puts a hold on until Congress decides whether to designate them as wilderness or not.

Here’s my personal favorite:

fullsizerender-4

Here’s what Rob Bishop says:

For decades, unsettled land-use designations, such as wilderness study areas, have fueled distrust and acrimony. The uncertainty about the future of these lands created conflict amongst those favoring differing types of uses. The diverse uses of public lands have an important role in making Utah healthy, viable, and inviting. The future of the state depends on a responsible balance of both conservation and development.

There are 86 Wilderness Study Areas in Utah.  Myself, I think we should err on the side of keeping wildernesses — once they’re gone, they’ll never come back.

Once you’re a WSA, you either become a Wilderness, federally protected, or you get dropped and you can get chopped up and mineraled and whatnot like any old BLM land.  Or you get downgraded to Conservation Area, or some other designation.

The most recent Wilderness Study Area bill I can find in Congress was from last year, when some WSAs inside federal conservation areas were proposed to get dropped.  It’s been referred to committee.  Here’s an article about it, it sounds like a complicated issue.

You can see how this all gets pretty slow-moving and bureaucratic.

Maybe Rob Bishop has a point

The bottom line of what Rep. Bishop wants to do is made pretty clear on his website:

Congressman Bishop’s views on public land use differ from mine, why should I trust that this is a good faith effort to make new conservation areas?

Congressman Bishop is committed to conservation and economic development as part of the Public Lands Initiative. Throughout his career, Congressman Bishop has had a strong record of both conservation and development. The Cedar Mountain Wilderness area was created in 2006 after Congressman Bishop facilitated a locally-driven, collaborative process similar to the Public Lands Initiative. As a former high school teacher, Congressman Bishop also has pushed for increased energy production in Utah to help support and fund public education. Congressman Bishop is committed to elements of both conservation and development as part of any Public Lands Initiative legislative proposal.

How will the state of Utah benefit from this?

The state of Utah’s public education system will benefit from increased energy and mineral production. Public land users will benefit from the regulatory certainty that comes from congressionally designated lands. Local governments will benefit from revenue generated from multiple use of the land, including recreation, mineral development, and energy production. The outdoor recreation businesses will benefit from the improved certainty about land use and conservation. Future generations will benefit by having responsible policies that utilize the land in the most responsible and reasonable ways that make sense now and into the future.

Here’s more:

Proponents argue, however, that taking the federal government out of the picture will help the budget and offer economic benefits for the many communities located near federally-guarded land.

“In many cases, federal lands create a significant burden for the surrounding communities,” Molly Block, spokeswoman for the House Natural Resources Committee, said. “Allowing communities to actually manage and use these lands will generate not only state and local income tax, but also federal income tax revenues.”

That’s from this UPI article by Stephen Feller and Doug C. Ware.

Look, Rob Bishop’s there in Utah.  Maybe he knows best what should happen with this land.  In tough Western areas he could see roped off federal preserves with no clear purpose, and point out those could be jobs and money for his district, or even just better managed wilderness under local control.

BUT:

Why shouldn’t disposed-of land be marked as a loss to the federal revenue, when it is?  Isn’t this a form of the federal government lying to itself?  Lying to its citizens?  As an American taxpayer, I don’t see how this rather sneaky accounting change is at all good for me.

Plus what the hell?!  This land belongs to us, American citizens.  These guys want to sell away our inheritance?

High Desert News‘ Elizabeth Shongren puts it clearly:

Previously, when Congress wanted to transfer public lands managed by the Forest Service, Bureau of Land Management or other federal agency, the Congressional Budget Office, Congress’ research arm, calculated the cost to the U.S. Treasury by computing what revenues the lands provide over 10 years, such as grazing fees or oil and gas royalties. Under House rules, before a bill approving a transfer could be adopted, budget cuts would have to be made in other federal programs equal to the value of that land. The rules change eliminates that budgetary barrier to land transfer bills.

I’d have to explore this more, but I have a feeling the House somehow tied itself into knots on spending and budgetary rules to make various political points, and is trying to untangle this particular aspect so they can get rid of public land.

Can the government sell off our treasured national lands?

Yes, but it’s not that easy.

Let’s start with the BLM.  Can the BLM sell off their land?  From their website:

How are these lands selected for sale?

The law states that the BLM can select lands for sale if, through land use planning, they are found to meet one of three criteria: 1) they are scattered, isolated tracts, difficult or uneconomic to manage; 2) they were acquired for a specific purpose and are no longer needed for that purpose; or 3) disposal of the land will serve important public objectives, such as community expansion and economic development.

More:

The BLM does not offer much land for sale because of a congressional mandate in 1976 to generally retain these lands in public ownership. The BLM does, however, occasionally sell parcels of land where our land use planning finds disposal is appropriate.

Of the Big Five Agencies, only DoD and BLM lost land between 1990 and 2013 (again, source here).  In those years, the BLM went down by 24, 777, 190 acres.

Where did those acres go?

This decline in Alaska is largely the result of the disposal of BLM land, under law, to the State of Alaska, Alaska Natives, and Alaska Native Corporations.

Seems fine to me.  The Congressional Research Service goes on:

With regard to disposal, the NPS and FWS have virtually no authority to dispose of the lands they administer, and the FS disposal authorities are restricted.

Last big push to dispose of national lands failed.  It was HR 350: State National Forest Management Act of 2015, introduced by Rep. Don Young of Alaska.

don-young

Didn’t pass.

 

HR 621: Story of A Victory

Let’s return to Utah rep Jason Chaffetz:

jason-chaffetz

Which land did he try to sell away?

Great question.

It’s not immediately clear.  Chaffetz’s website links to a 1997 report of disposable lands.   Ryan Krogh at Men’s Journal identifies some of the choice land included in the 1997 report:

State: Wyoming

County: Sheridan

The Potential Land: 35,200 acres of BLM-managed land in the Powder River Basin, which is just east of the Bighorn Mountains, popular with hikers, campers, horseback riders, and hunters.

Here’s what’s going on on BLM land in the Powder River right now:

Powder River, from a BLM website

Powder River, from a BLM website

State: Wyoming

County: Park

The Potential Land: 27,300 acres surrounding the Shoshone River, a popular fly-fishing stream in northern Wyoming. Most of the BLM-managed land in Park County is downstream of the town of Cody, which sits between the Big Horn, Owl Creek, Bridger, and Absaroka mountain ranges. Tourism is the town’s primary industry.

State: Oregon

County: Harney

The Potential Land: 44,000 acres in a county that’s home to Steens Mountain, a 9,733-foot peak that’s popular with campers and hunters, and Malheur National Forest.

State: New Mexico

County: Catron

The Potential Land: 25,000 acres that contain “cultural resources,” meaning it’s probably home to pueblo ruins. The land is most likely a giant tract southwest of the town of Quemado, and some of the land abuts the Gila National Forest, home to the endangered Mexican gray wolf, the Gila trout, and some of the best elk hunting in the U.S.

State: Colorado

County: Montrose

The Potential Land: 2,105 acres that is home to endangered species and “historic/cultural resources.” The surrounding area contains the Gunnison Gorge, famous for its rafting and fly-fishing trips, and Uncompahgre National Forest, which is home to elk, mule deer, bighorn sheep, and mountain goat.

State: Nevada

County: Elko

The Potential Land: 208,900 acres that contains endangered species, historic resources, and is home to “wetlands/floodplain.” BLM-managed land makes up a giant percentage of land in Elko County, but exactly what land is up for consideration is unclear, or what the effects might be.

State: Arizona

County: Mohave

The Potential Land: 23,525 acres with mining claims and historic resources. A comment attached to the description notes that the land is “classified as habitat for the Desert Tortoise (a sensitive species).”

Now I heard about this, and I was pissed, because this land belongs to me.  And you.  And us.  Any time we wanna go there, it’s there.

And Jason Chaffetz tried to sell it off.  

Backcountry Backlash

Well this did not play.  Word spread via strong, aggressive groups like Backcountry Hunters & Anglers:

Google HR 621 and you fill find angry, mobilized publicity from groups like TheMeatEater.com, BowHunter.com, WiredToHunt (“Deer Hunting Strategies for the Next Generation”), and TexasBowhunter.com.

There were rallies in Helena, MT and Santa Fe, NM which BHA says drew a thousand people.

Chaffetz backed down by last night — six days after introducing the bill:

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What can we learn from the defeat (for now) of HR 621?

  • Strong, organized, motivated, attentive citizens can win, easily, on issues that matter.
  • Play to a politician’s fears.  Jason Chaffetz got to Congress by primarying a guy in his own party.  He’s got to watch his back constantly.  His greatest fear has got to be somebody doing to him what he did to Chris Cannon, outrunning him on the right.
  • Push the pushable.  Chaffetz wasn’t moved by people who would never vote for him.  He was moved by hunters and fishermen,  people who probably would vote for him, as long as he doesn’t fuck them on something they care about.
  • Look at the focus on these groups: bow-hunters, meat-eating hunters.  They have clear interests, goals, and passions.  They follow their issues and inform each other.
  • Powerful allies.  Look at the sponsors for Backcountry Hunters and Anglers.  These are big corporations with big interests in keeping their customers happy and hunting and fishing.  Yeti coolers has a partnership with MeatEater.com.  What are rich companies that have interests that could align with yours?
  • Specific targets.  They learned something from all that bow-hunting.
  • See how fast and aggressively they responded to the slightest hint of a challenge and you can get an answer to the seemingly baffling question of why gun control bills get crushed so easily.  Strong, organized people are paying attention to the slightest threat to their gun rights and they do not let up.

The Trump hurricane has achieved an effect of constantly shifting focus.  When we compare what bow-hunters did to the stammering, confused, bafflement of the Hollywood libtards we follow on Twitter, and my own flabbergasted reactions, we realize we have much to learn from Texas bow-hunters on how to stay focused on a few issues that matter to us most.

The biggest lesson:

This issue brought together, on the same side, Joyce Carol Oates:

and these kind of guys:

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And the bros on the Texas Bowhunter forums.

They’re both passionate on the same side on this issue.

For me, the strongest takeaway is don’t insist on too much ideological purity.

Build coalitions on issues you care about.

That is the way to win in politics.

Plus who do you think Jason Chaffetz is most scared of?

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I’m guessing it’s this kinda guy? (seen here killing a huge deer with a bow and arrow).

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This guy and I may have different ideas about what to do with the land we share.

But we share an interest.  We can team up.

One of the most illuminating things I read about the election was “David Wong”‘s piece on Cracked.com about the rural vs. urban divide. Here I am very far from Powder River, WY.  The odds of me visiting it in the next ten years are small (but real).  But here I am allied with people who live near there and use it all the time.

Gotta Hear Both Sides

Look, it’s fair to say maybe we should sell off some public land.  The clearest expression I found of this ambiguity was put up by this poster on TexasBowhunter.com — I hope user 175gr7.62 won’t mind me quoting him, I think it’s a valid take (encourage you to read him in context):

I’m torn on it. The Constitutional side of me says the Fed should have never owned it anyway. The Constitution says the government can acquire and retain land necessary for carrying out its enumerated powers. This includes parcels for military bases, post offices and buildings to house federal employees undertaking enumerated functions. I don’t think anything the BLM or Forest Service does counts as anything enumerated. Several Supreme Court cases have said the govt can own it but I think that’s just case law.

The hunter in me said it could be bad if the Feds sell the land because it could be bought by a private citizen who can then prevent its use. That being said, if they sell it and I don’t have the money to buy it that’s my fault…I should have gotten a better education or made better investment decisions.

Tough call.

Reasonable people can disagree on how public land should be managed and who should managed it.

What bothers me, and what puts me on edge, is the sneakiness of what Bishop and Chaffetz appear to be doing.

And the misguided priorities.  This is the first thing they got to post-election.

Well, Chaffetz at least got called to the carpet for it.

A Passionate Plea

Here’s a full video of Jason Chaffetz’s town hall.  Listen to this guy at 11:39 say our free public lands are all he has.

Please write to us (helphely at gmail or in the comments) if we got something wrong or you have a strong take.  

These are complicated issues, I did my best and in good faith but it’s easy to make an error.  

In our Next Installment:

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Part Three:  Strange Allies.  

And why this:

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is better than this:

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Dune

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Let’s learn about Frank Herbert, author of Dune.

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In WWII he was a Seebee:

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I think about the Seabees every time I drive up the Pacific Coast Highway and hit their base at Port Hueneme:

The idea for Dune came from dunes.

He later told Willis E. McNelly that the novel originated when he was supposed to do a magazine article on sand dunes in the Oregon Dunes near Florence, Oregon.

Source. Photo by Sam Beebe.

Source. Photo by Sam Beebe.

He became too involved and ended up with far more raw material than needed for an article. The article was never written, but instead planted the seed that led to Dune.

Source. Photo by Rebecca Kennison

Source. Photo by Rebecca Kennison

Dune was first published by Chilton Company, known for its auto repair manuals:

Sterling E. Lanier, an editor of Chilton Book Company (known mainly for its auto-repair manuals) had read the Dune serials and offered a $7,500 advance plus future royalties for the rights to publish them as a hardcover book.

Great take on writing from a man who generated many books:

A man is a fool not to put everything he has, at any given moment, into what he is creating. You’re there now doing the thing on paper. You’re not killing the goose, you’re just producing an egg. So I don’t worry about inspiration, or anything like that. It’s a matter of just sitting down and working. I have never had the problem of a writing block. I’ve heard about it. I’ve felt reluctant to write on some days, for whole weeks, or sometimes even longer. I’d much rather go fishing, for example, or go sharpen pencils, or go swimming, or what not. But, later, coming back and reading what I have produced, I am unable to detect the difference between what came easily and when I had to sit down and say, “Well, now it’s writing time and now I’ll write.” There’s no difference on paper between the two.[15]

— Frank Herbert
Lifted straight from Wikipedia. A vivid storyteller:

PLOWBOY: So you think our country’s methods of instruction have a lot to do with the destruction of many family values?

HERBERT: Absolutely. By the time you have three or four generations of people who are taught not to trust their families and their families’ knowledge, individuals can really become separated from their roots. The effect is to make people feel like lost wanderers, or to cause them to think of themselves only in the role of their jobs, which is a complete misrepresentation of what it means to be alive.

Another lesson I learned in childhood is that what people do is just as important as—and maybe more so than—what they say. I had a marvelous object lesson in the difference between words and actions when I was in fourth grade. In those days I was bored to death by school, so I tended to cause a lot of trouble.

One day our teacher, a great big woman who wore eye-glasses that looked like the bottoms of pop bottles, caught me in the middle of a particularly heinous prank. She told me to stay after school and added, “I just don’t know what I’m going to do with you.”

Of course, I could imagine all kinds of horrible things she might do to me. Like the bastinado, or worse! But when school was over, she just made me sit and sit while she worked on papers. After what seemed like ages, she motioned me up to her desk, stared at me awhile—I could feel two holes being burned right through me—and then resumed her paperwork.

PLOWBOY: You must have been terrified.

HERBERT: Oh, I was. Finally, she put her pencil down and said, “I just don’t know what I’m going to do with you.” Well, it was all too much for me. I started to cry. She put her face right in front of mine then and said again!—”I just don’t know what I’m going to do with you.” And I said through my sobs, “Why are you mad at me?”

With that, she grabbed me by the shoulders, began shaking me roughly, and cried, “I’m not mad at you, I’m not mad at you!” Well, I now know that teachers get long lectures during their training on the importance of keeping their tempers with their students, so I had said exactly the wrong thing to this woman. I may not have understood that at the time, but I didn’t have a bit of trouble realizing that my teacher—who was repeatedly screaming, “I’m not mad at you!”—was nearly out of her mind with rage.

That incident drove home the lesson that what people say often doesn’t agree with what they actually do. And that discovery played a big part in the shaping my thinking and behavior.

from an interview with Pat Stone in a 1981 issue of Mother Earth news.  Another gem:

I intend to add a solar collector over our swimming pool building to heat its water … and—for a time—I even raised chickens to provide manure for my methane experiments.

Herbert on government:

PLOWBOY: You feel that Kennedy was dangerous and Nixon was good for the country?

HERBERT: Yes, Nixon taught us one hell of a lesson, and I thank him for it. He made us distrust government leaders. We didn’t mistrust Kennedy the way we did Nixon, although we probably had just as good reason to do so. But Nixon’s downfall was due to the fact that he wasn’t charismatic. He had to be sold just like Wheaties, and people were disappointed when they opened the box.

I think it’s vital that men and women learn to mistrust all forms of powerful, centralized authority. Big government tends to create an enormous delay between the signals that come from the people and the response of the leaders. Put it this way: Suppose there were a delay time of five minutes between the moment you turned the steering wheel on your car and the time the front tires reacted. What would happen in such a case?

PLOWBOY: I guess I’d have to drive pretty slowly.

HERBERT: V-e-rrrrrrr-y slowly. Governments have the same slow-response effect. And the bigger the government, the more slowly it reacts. So to me, the best government is one that’s very responsive to the needs of its people. That is, the least, loosest, and most local government.

On the future:

PLOWBOY: But you feel pretty sure humankind will be able to make the necessary changes?

HERBERT: I think they’ll be forced on us. Oh, we’ll make some mistakes. We’ll probably have a number of fanatic leaders and such to deal with in the years to come. I don’t see the future as being all sweetness and light, by any means. Learning from mistakes is a very slow process. It may take us 20,000 or 25,000 years to get to where, I feel, we have to go.

Herbert lived in Port Townsend, Washington for some time, not far from Cape Flattery.  I find this picture on PT’s wikipedia page:

Depicted here is one of the wives of Cheech Ma Ham:

 He has a ferry named after him.
source, photo by Compdude123

source, photo by Compdude123

Jodowarsky’s Dune is a must watch.  Last I checked it was free on Netflix:


Cash Me Outside –> Whales

Late to the party on Cash Me Outside Girl.

I was walking by the Dr. Phil studio the other day, saw an audience lined up, and it dawned to me this must be the literal outside where she intended to be cashed.

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The mural is by Wyland, king of whale murals.  He has done one hundred.

The artist Wyland, who goes by only one name, paints a mural on Charlie Barracks, a former military barracks still in use on Midway. Midway Atoll National Wildlife Refuge, Papahānaumokuākea Marine National Monument January 2012 Photo: Pete Leary/USFWS

The artist Wyland, who goes by only one name, paints a mural on Charlie Barracks, a former military barracks still in use on Midway. Midway Atoll National Wildlife Refuge, Papahānaumokuākea Marine National Monument January 2012 Photo: Pete Leary/USFWS

Seeing this sight reminded me of the time I went to see The Hunger Games and walked past a long line of people waiting in the sun to be on Dancing With The Stars and I realized oh we are in The Hunger Games.


Huell can’t take it


Edelman learns Super Bowl has ended

seen on Inside The NFL on Showtime.


A real shot

Ryan then took questions. This was the first one: “The President made some new false statements yesterday, notably that there are major terrorist attacks that the media, essentially, isn’t covering. Are you getting concerned at all about his grasp of the truth?”

Ryan shrugged his shoulders.

[…finally he answers]

“Look,” he said. “I’m going to do my job. I’ll let you guys do yours with respect to how you report, or what you don’t report. The problem is we do have a war on terror in front of us. We do have isis trying to conduct terror attacks across the globe. This is a real serious problem. And what I am focussed on is doing our job and making sure our law-enforcement authorities, our military, have the tools to keep us safe.”

from this NYer piece by the great John Cassidy.

Paul Ryan has a real shot at going down in history as a pristine example of cynical soul-selling.

Are the Republicans really for:

  • the importance of virtue, morality, religious faith, stability, character and so on in the individual
  • sexual morality or what came to be termed “family values”
  • the importance of education to inculcate good character and to teach the fundamentals that have defined knowledge in the West for millennia
  • societal norms and public order
  • the centrality of initiative, enterprise, industry, and thrift to a sound economy and a healthy society
  • the soul-sapping effects of paternalistic Big Government and its cannibalization of civil society and religious institutions
  • a strong defense and prudent statesmanship in the international sphere

I didn’t pluck those out of thin air, those are exactly what Michael Anton, Bannon advisor, says conservatives should be for in this essay, The Flight 93 Election, his pre-election argument for DT.

Is DT making things better, stronger, or greater on any of those fronts?  How’s his prudent statesmanship?  What message does he send on virtue, morality, character, stability?  He’s rich (maybe) but does he demonstrate industry and thrift?  How’s he on education to inculcate good character and teach the fundamentals that have defined knowledge in the West for millennia?  “Family values?”

The Republican Party did this to us.  Reince Priebus, Trump chief of staff, is an old Wisconsin buddy of Paul Ryan.

The best case is Paul Ryan is trading all the other values for fighting “the soul-sapping effects of paternalistic Big Government and its cannibalization of civil society and religious institutions” but even he must know by now he’s fighting cannibalism by signing up with a bigger, worse cannibal.

Best case for Ryan is he makes it harder for people to pay for health care first.

Good luck!  Get ‘im, Scott Pelley!


His sporting blood turned to horsepiss

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This interview with Charles Portis, on his days a young reporter, for an oral history project about the Arkansas Gazette newspaper is so wonderful.

Lady stringers:

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On Tom Wolfe and Malcolm X:

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They made movies out of several Portis books:

is one and

is another.

What does Charles Portis make of all this I wonder?

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Click on this link for an amazing picture of William Woodruff sailing up the Mississippi with his printing presses.


We are better than this

User magicpiano on Wikipedia

User magicpiano on Wikipedia

NOTE: Per a conversation with a Catholic sister in New Hampshire who sometimes teaches Helytimes posts to her advanced English class, I’ve cleaned up some language here. 

The goal should be to raise the discourse.  

62,418,820 Americans voted for him.  All those people are not dumb jerks.

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Many bad people in my experience end up with exactly the punishment they deserve

Many bad people in my experience end up with exactly the punishment they deserve

This is a mess and a shame.

Part of our job as citizens for the rest of our lives will be undoing this disgrace and bringing some honor back to this country.  USA has done much that’s staggeringly, tears to your eyes amazing and heroic and noble.

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photo of John Young by Charlie Duke

This work sucks, because I’m very lazy and have other things I’d rather do and preferred when my civic responsibility was minimal.

 

Counterpoint from Rabih Alameddine about whether we are better than this or not.  He tells a beautiful story at the end.