A Stain on Massachusetts

A Stain on Massachusetts

Or the Top Fifty Lessons Learned from Plymouth County Probate... 

"In general, the powerful and influential in our society shape the laws and have great influence on the legislature or the Congress.  This creates a reluctance to change because the powerful and the influential have carved out for themselves or have inherited a privileged position in our society, of wealth and social prominence or higher education or opportunity for the future.  What can we still do to restore equity and justice or to preserve it or to enhance it in this society?"    

-  Governor Jimmy Carter, May 4th 1974 - Law Day Address, University of Georgia

By J.M. Hamilton  12-25-13

After a thirteen year child custody battle, and more than a half million spent on legal fees and child support, here's what I have learned about the Massachusetts Probate Courts (specifically in Plymouth County):

1)  If you nine year old comes to you and asks if you, " Is mommy  trying to kill me (?)," if you're a caring father, your life is about to be turned upside down.

2)  Further supporting the medical evidence showing inexplicable weight loss, your son can  black out in front of the school twice, and in front of an entire church congregation as an Altar Boy, due to lack of proper nutrition, and the Judge won't do a damn thing.

3)  A mother can underfeed her nine year old, as documented by medical records, to the tune of fifteen pounds, and she will not be held accountable by the Plymouth County Probate courts, particularly Judge Menno.

4)  A mother can lock her son out of her home, at least three times that I'm aware of, and she will not be held accountable by the Plymouth County Probate courts (aka Judge Menno).

5)  A mother can under-cloth her son, so that he is sick for six consecutive weeks in the dead of a Massachusetts winter, and the Plymouth County Probate Courts will not grant a change in custody.

6)  You can present pictures of yours son's bleeding hands, as a result of exposure, and the professionals and the judge will dismiss the evidence as a "rash."

7)  The mother can abuse pets and animals, and in some instances make them disappear over the course of a weekend, and the Court appointed psychiatrist, Dr. Wolman (Boston), will dismiss this, as "improbable."

8)  Mom can remarry, and bring into your son's life a stepson, who abuses your son, beats on him, and has a rap sheet on Google the length of your arm, and the Plymouth County Probate court doesn't care.

8.3)  Mom can call your son an "idiot" and "hyper, “and drag him from professional doctor to psychiatrist in the effort to have him diagnosed with ADD, ADHD, or the childhood disorder de jour - Autism, all throughout your son's elementary school years (with every doctor repeating that there is ‘not a problem’); and when your son turns out to  be the straight A student - in his middle school years-  you maintained your son would always be, the Judge Menno will give your Ex full credit.

8.5)  If you think your Ex has Munchhausens syndrome, because she squanders $33,000 in child support on attorneys and doctors -annually, and your son asks you why he is "poor," you are probably right, she does have Munchhausens.

8.7)  If your son misses thirty-one homework assignments, and your Ex might be a teacher within the Marshfield school district, the school administration, and the Plymouth County probate Judge Menno will give mommy a passing grade.

9)  Your son can be suicidal, under the care of his mother, for the duration of an entire Summer, and the Plymouth County Probate court will NOT grant a change of custody, but they'll blame the father.

10)  If your Ex is smart, she'll hire the local State Rep, Jim Cantwell, who has come out of retirement from his law practice, to represent her.

11)  It will be painfully clear to everyone in the courtroom why the State Rep. Jim Cantwell retired from the practice of law, and went into the politics; and yet, he will prevail because cronyism, politics and corruption trumps the rule of law and prima facie evidence in Plymouth County, Massachusetts.

12)  A prominent Boston attorney, Sandy Durland III, told me that my Ex had underfed my son, by sending him to bed without dinner – over the span of weeks.

13)  Judge Menno will see to it that only long established "friends/cronies" of the court are appointed to the key roles of parenting coordinator and guardian ad litem (i.e. court appointed investigator).

14)  The courtroom proceedings are a charade, the real decision making goes on in the star chamber within the judge's office.

15)  A "parenting coordinator," Attorney Michele Dorsey (Scituate MA), is a surrogate for the court, and has the "ex-officio" powers of a judge, w/out being required to practice the rule of law or due process.  Avoid the hiring of a parenting coordinator at all costs.

16)  If there is an obvious conflict of interest and you have signed a mediation agreement with a Plymouth County attorney, and this same attorney, Michele Dorsey (Scituate, MA) is dispensing legal advice to the mother in this case..... the Plymouth County probate judge, Menno, will still appoint this same attorney as a surrogate to his court, and assign her to be a "parenting coordinator."

17)  When you point out the obvious ethical issues of the Judge's parenting coordinator appointment to the Massachusetts Bar, they will side with the Judge Menno's decision; that is to say, your Ex's attorney/mediator/court appointed parenting coordinator, Michele Dorsey.

18)  If the parenting coordinator divides the payment of her fees in a disproportionate manner, say 70% father/30% mother.... BEWARE!   Your former spouse has absolutely no incentive to work things out with you; but rather, has every incentive to drag you before the parenting coordinator on every single issue, monthly.

19)  The parenting coordinator (PC), Michele Dorsey (Scituate MA) will not rein this behavior in, because after all, she is being paid, every time your Ex drags you into another meeting with her.

20)  You and your son are "scrod," when the parenting coordinator is meeting with your Ex on the side, via phone and personal meetings.  Ignore the fact - at your peril - that you are being charged for these meetings, which you are not a part of, and when you ask for information or records concerning these meetings - you are denied.

21)  The divorce rates in the country is 50% for first time marriages and higher for second marriages.  If you have children, there is a higher probability than not that your divorce will not be amicable and that you will end up going through a probate court.

22)  Probate courts have some of the broadest powers of any other court in the land, that is to say, discretionary, arbitrary, and capricious power. These probate court powers are inimical to the rule of law and are likely unconstitutional, as they deprive persons of property, liberty, and the right to freely associate with family.

23)  Family law attorneys do not work on Fridays, and they take off the month of August, along with the Plymouth County Probate Court - Judge Menno - even if your son is suicidal while under his mother's care.

24)  If you are looking for a Hollywood ending to your court room proceedings, where truth and facts triumph over local politics and cronyism, particularly in Plymouth County, Massachusetts, well... forget about it.

25)  When you report your Ex to DCF - the Marshfield Independent School District Principal, Mrs. Hubbard, will lie and cover up for your Ex, even though you've just been chewed out by this same school administration because your son missed 31 homework assignments, and are told your son is having a terrible year - while under mommy's care.

26)  When you tell the District school Superintendent, Mr. Scott Borstel, that the principal lied to DCF - the Superintendent will "conduct an investigation" and tell you it was okay that she lied.

27). The GAL, Dr. Wolman (Boston), or court appointed investigator, can admit on the witness stand that he did not do his job and investigate the case, and the Plymouth County Probate Judge will just smile.

28). The GAL, Dr. Wolman, will threaten your son if he asks to live with his father.

29). The GAL, Dr. Wolman (Boston) will tell the mother it is okay for her to conduct her own personal investigation on the father's property in the middle of a trial.

30). The GAL, Dr. Richard Wolman (Boston), will lie about his investigative instructions to your Ex on the witness stand, only to admit to it in subsequent testimony, and the judge will still deem him to be a competent and credible witness.

31). Despite all the horrific acts your Ex has committed against your son, the GAL will say the key point in the trial is when you filed a restraining order against the mother for conducting an investigation on your property.

32). Everyone acknowledges the obvious double-standard: that had I conducted an investigation on mother's property I would be arrested or worse, shot.

33).  Your son's doctor in Pembroke, MA, Dr. Stanley, can lie about your son's weight loss, alter medical records, and the Massachusetts board of medicine will not hold your son's doctor accountable.  This Dr. Stanley will lie and say your son must have had "rocks in his pockets" to account for the fifteen pound weight loss.

34). When any of the professionals involved in this case say they are looking out for the interests of your son, you know some highly self-serving SH!T is about to come down.

35). The stated goal of he State Rep, Jim Cantwell, was to drag these proceedings out for three years -completely contrary to the interests of my son, and against the ethical rules governing attorneys in the State of Massachusetts.

36). After four years in the Plymouth County probate court, I'm completely convinced the goal of the probate Judge Menno was to keep you tied up in his courtroom so that you generate fees for the local counsel, therapist and psychiatrist.

37). The Psychiatric profession is under fire in this country as President Obama's appointee - and the lead psychiatrist - has pointed out that the profession and the DSM is not backed by science or biology.  In short, the profession is a fraud.

38). If you witness child abuse and the beating of children at a scouting event in Marshfield , MA --- don't report it to the parenting coordinator, Michele Dorsey, Judge Menno, the Boy Scouts, or the GAL, Dr. Wolman (Boston) because they will not investigate it and you will pay the price for reporting same.

39). Doctors, lawyers, teachers, parenting coordinators, mediators, school principals.... Apparently, nobody is a "mandated court reporter" in Plymouth County, w/ no obligation to report child abuse.

40). Some Marshfield parents still believe it is acceptable to hit, beat and strangle their children.

41). When I found out my son was suicidal under the care of his mother, and the professionals in this case continued to do nothing, I published a blog about my experiences with the Plymouth County Probate court.

42). After the trial was over, I wrote a book entitled Mrs. Marshfield, which was written largely based upon actual court room testimony and court room evidence.  I believe the book should be required reading for any parents with children, considering divorce, or any parents considering having children within the institution of marriage.

43) Judge Menno ruled that I had a first amendment right to publish the book; however, as he deemed the book to be harmful to my son - he suspended visitation for over a year.

44). To date, no medical or psychiatric evidence has been presented that my son ever saw the book or was in any way harmed by the book.  In fact my son is thriving and a straight A student.... exactly as I foretold.

45). The parties enraged by the book, Mrs. Marshfield, are the cadre of "professionals" who make up the probate industrial complex; that is to say, the star chamber.

46). In Fall 2013, the judge also reasoned that since I did not continue to litigate in his courtroom, I did not deserve to see my son.  The definition of insanity is for my family to attempt and continue to litigate in Plymouth County Probate.

47). Judge Menno conveniently forgot that my State Senator had requested that this same judge, Menno, be investigated, which resulted in an investigation spanning over six months, and I had asked the judge to recuse himself.

48). The evidence and statement of facts would suggest that Judge Menno just made up his decision- w/out regard to the facts or evidence presented in this case.

49). The same prominent Boston attorney, Mr. Sandy Durland III, who told me that my Ex systematically underfed my son, also told me that the judge in this case used to be competent but that he now took shortcuts with the law to reach his desired outcome.  This prominent Boston attorney is the brother in law of the State Rep, Jim Cantwell, who represented my Ex.  I guess he would know.

50). The behavior of Judge Menno and the professionals in this case is arguably criminal, likely unconstitutional; but like some of the more unsavory actions and recent revelations of the NSA, may be possibly legal and permitted by law.  At least for now.

Back in 1974, Jimmy Carter, then Governor Carter, gave a famous speech at the University of Georgia attacking our corrupt legal system, dominated by legal elites, the rich and the powerful.  Today, little has changed and it probably has grown worse.  Lady justice has lifted her blindfold, and with a wink and a nod, her scales of justice have been piled high with loot and tilted in favor of the elite and backroom/crony dealings.  The two trials that I have been a part of in Plymouth County were little more than playacting.

The majority of our judges are not elected in this country but are appointed for life, which essentially means their power is nearly absolute.  Absolute power corrupts absolutely, just as we saw in this case.  And the war of attrition and endless delays-that is often the core strategy of our modern day courts- perverts justice at every turn.  That, and it is widely known that justice is all too often for sale in this country.

"Justice delayed is justice denied."  Mr. Gladstone told us that.

Our family law courts damage, and in some instances, destroy young lives, as many lawyers and many professionals play their games and take money away from families that can ill afford to pay or play their game.  The Plymouth County Probate court is a stain on the State of Massachusetts, and state bureaus and boards responsible for overseeing the “professionals” further damage the state's reputation.  I believe there is a special place in hell for medical and psychiatric professionals, teachers and judges who abuse, and/or aid and abet, the manipulation of children.  It's the tenth ring of hell or Plymouth County Probate by any other name.

Ultimately, as we live in a democracy - Americans get the government we deserve; that is to say, as long as we tolerate tenured judges and politicians, a crony system of elites running our courts and government for their own personal enrichment - U.S. citizens should expect to be preyed upon and sustain continued injustice on a monumental scale.... especially at the expense of our children.

As for myself, I have never missed a support payment, never missed a scheduled visitation, remained gainfully employed for in excess of thirty years, have no criminal record, and have never entered rehab for the abuse of drugs; and I am eminently better able to provide and afford a better life and care for my son, than the current circumstances my son finds himself consigned to.

While I am not going to publish the names of the individuals involved in this case - for fear of the continued abuse of power and reprisals against me and my son - I am publishing the docket numbers, which are a matter of public record.  Perhaps some enterprising reporter, or lawyer or a politician with a conscience, would like to take a look at the corruption within the Plymouth County Probate court?

Should you visit Plymouth County Probate, please send the Judges my warmest regards.

Docket Number:  PL02D 1047-DR

Docket Number:  PL02D 1047-FM1

Copyright JM Hamilton Publishing 2013

Absolute Power Corrupts Absolutely

Absolute Power Corrupts Absolutely

By J.M. Hamilton 12-8-13

Sorry.  I was away for a while: Fighting the State, and surprise, the State won.  That story however, about the fabulously corrupt State of Massachusetts’ Probate System, we will save for another day, when I can give the topic the full treatment and attention it deserves.

In keeping with theme of government, and unchecked government power, corruption, malfeasance, and fraud…. We launch into this week’s piece. 

Liberals and progressives look to the State to provide solutions that go unaddressed by the private sector, to the smooth out the rough anti-humanist edges of capitalism, and to set the rules of the road for our “free-market system.”  The GOP in its present incarnation does everything in its power to obstruct government, play upon America's fears of big government, and pass legislation providing government largess to the 1%.  In short, the GOP hates government, unless it handing out welfare to it core constituency, the plutocracy.  As such, as this blog has foretold, the GOP would appear doomed, unless it learns to embrace the middle-class, becomes more tolerant and inclusive, and dumps the septuagenarian and octogenarian radicals who make up its current base.

This piece is not about bashing the GOP, but rather, it’s about challenging liberals and populist democrats, who often have the reflexive reaction to defend anything the government or Democratic Party does.  The political pendulum is just beginning to swing left, finally and again, in this country; and even the major corporations can see the writing on the wall.  Unlike the GOP, their corporate sponsors cannot afford to live in a world of fantasy, and must plan for the future, witness Exxon’s acknowledgement of global warming and the inevitability of taxes on carbon.

As the pendulum begins to angle left, demographic trends pull away from GOP policies, and jobs continue to run scarce because our government’s official policy favors free trade agreements and globalization that are inimical to U.S. job creation, the citizens of the United States are increasingly looking for government to fill the void/vacuum left behind by our crony capitalist system, and an economy dominated by cartels and monopolies. 

Now more than ever, Dems, Liberals and Progressives must hold all branches of government, it’s bureaus and bureaucracies, and government contractors accountable.  Failure to hold government and politicians accountable will ultimately mean that just as the political pendulum is presently swinging Left (beyond the reach of today’s GOP, indeed even past Clintonian Democrats, who support monopolistic and cartel run economic sectors), it will turn back even more sharply and rapidly - Right.   All of this is to say, the worst tendencies of the Party in power tend to materialize, once power is obtained.  Witness the creation of Romneycare by a Democratic administration, at the Federal level, at a time of record unemployment in this country, circa 2008; or witness President Bush (W)/Mr. Cheney starting up two major wars, with dubious results and specious national security claims, in the last decade, with their crippling and debilitating impact upon the Federal budget and our military.

Tenured politicians and tenured judges, in short, unchecked power…. As often as not, have a deleterious impact upon good government, because they are vested in: maintaining the status quo; handing out government largess to wealthy campaign contributors, prospective clients and future employers; and have no incentive to run government efficiently, effectively, and for the betterment of the 99%.  Absolutely critical then to good government and good democracy, are term limits on all politicians and all judges, limits on campaign contributions and fund raising, and limits on the duration of the political/campaign season.  These reforms would not challenge free speech or political debate, but rather, enhance them.  Progressives and liberals should champion term limits and campaign finance reform as the cornerstone of good government.  Transparency too, is absolutely critical to the ideals of good government, and here, neither party has done a good job of supporting this cause.  Some of the worst excesses in government, under a Democratic administration, which ran on a campaign of greater transparency, have occurred because of a total lack of transparency, accountability, and a fount of misinformation, if not outright lies, surrounding certain government programs and agencies.  

Two recent examples come immediately to mind:  Romney/Obama-Care, and the NSA.  The failure of the government on the rollout of new medical care program is hard to conceive when one considers the technological prowess of the U.S., and the Democratic Party’s political links to the Silicon Valley and the technological sector (and the failure gave additional fuel and fodder to the GOP and America’s innate fear of big government).  As such, it’s not Republicans who should be hammering the Administration, but rather, Progressives themselves, who should be leading the charge to correct this colossal blunder.  Agency/Administration heads should have been terminated, tenured government employees demoted, and if necessary, private sector contractors brought in to see the job through, or to further enhance the efforts of same.

The revelations about an opaque and disingenuous NSA have been equally damaging and damning to Progressive efforts to champion good government, and only served to further deepen the majority of Americans distrust.  Not only has the NSA damaged the U.S. internationally, in terms of relations with its allies and pending trade agreements, but it has revealed for the all the world to see U.S. hypocrisy.  That is, the champion of freedom, democracy, and liberal values, spies on its citizens 24/7, preconceived notions of privacy are shredded, and the surveillance state is flirting with totalitarianism on a scale that would of heretofore been unimaginable.

By way of quick digression, it’s interesting to note that Nations and democracies, sometimes have an awful way adopting some of the worst characteristics of their enemies over time.  Benny Morris, an Israeli citizen and a champion of Zionism, and the author of Righteous Victims, noted that the State of Israel had adopted some of the worst attributes and methods of the European countries Jews fled, in the persecution, occupation and containment of Palestinian citizens.  In this country, after the U.S. fought WWII to eliminate an authoritarian thug, and fought a multi-decade cold war to eliminate a totalitarian cancer of global import… the U.S. increasingly seems to be adopting some of the worst characteristics and policies of the Stasi and the KGB.  Even uber hawk, Senator Mc Cain believes General Alexander should beat it, "resign or be fired."

It’s not just our world standing, however, that is taking a hit, but multi-nationals in the technological sector are paying a dear financial price for expressly, or tacitly, allowing the NSA to use them as a tool to spy upon Americans, indeed all citizens of the world.  The hit to their bottom line will not only be domestic in nature, but almost certainly international in scope, with new entrants in the market place to help insure the privacy of internet users and social networking sites.  Let’s not shed too many tears for our internet, telecommunications, and social network providers (almost all of whom are monopolies).  Heh, you lay in bed with the devil, and your bound to suffer physically, mentally, spiritually and financially; but we’ll leave analogies between the NSA and my first marriage out of this, at least for now.

Among the key questions are: why did it take Mr. Snowden and Ms. Manning to the blow the whistle, before Senator Feinstein – recalling her liberal and freedom championing credentials – demanded an investigation into NSA activities?  Senator Feinstein should have been way out in front of this issue years ago, but she’s long been a champion of the MIC, surveillance, and unfettered government spending on same.  As such, the Democratic Senator from California is about as right-wing as they come.  This is a classic example of where the terms limits imposed upon the executive branch, would work wonders within the U.S. Senate.  But why stop there?  Perhaps Progressives should champion true government reform, and government cost containment, by supporting an Amendment to the Constitution establishing an unicameral government, and dispensing with the gerrymandered House of Representatives, altogether.  If it works in Nebraska, why not Washington D.C.?

This of course, leads us past this President, who all the sudden has gotten on board - albeit a little late - with the populist trend in Democratic politics.  The next President will almost assuredly be from the Democratic Party, despite the Party’s fumbling of the ball on healthcare reform.  The question we have to ask ourselves leading up to 2016 is do we want more of the same, in the form of the ultimate insider, Ms. Clinton, or do want somebody who will champion the middle-class and American values of honesty, truth and transparency, in the incarnation of Senator Elizabeth Warren?

For me, it’s a no brainer… I’ll take the highly ethical Ms. Warren any day.  Let’s hope her recent assurances to Massachusetts’ constituents that she plans to serve out her full Senate term, are the one promise she does not keep.

Not everything that comes from Massachusetts is veiled in lies and half-truths… Ms. Warren is proof of that, and she would make an outstanding President.  Ms. Warren would restore our standing in the world, and she – more so than any other candidate – would do a great deal to rein in the worst excesses of government agencies and private sector cartels, both of which often crush freedom, democracy, and the American ideal at nearly every turn.

Every government dollar that progressives and liberals see wasted, or that goes uncollected in the form of tax dodges, is a dollar that could be spent on our children, paying down the national debt, or afforded to future generations.

Copyright JM Hamilton Publishing 2013

The National Security Agency’s secretive new $2 billion, one- million-square-foot data death star...

September 28, 2013 NY TIMES

Creeping Cloud

By MAUREEN DOWD

BLUFFDALE, Utah — AT the Husband and Wife lingerie store here in Mormon country — where babies are welcome amid the sex toys and the motto is “Classy, tasteful and comfortable” — no one had heard of it.

At the Allami smoke shop across the street, adjacent to a hypnosis center that can help you stop smoking, they were disturbed by it. Down the road at Quiznos, the young man making subs went on a rant about his insular community’s compliance with the government’s intrusions into Americans’ private lives.

Indeed, this valley of subdivisions, sagebrush and one of the remaining polygamous sects gets more exercised about the letter “c” — there’s a Kapuccino cafe, a Maverik convenience store and a Pikasso print shop — than they do about the National Security Agency’s secretive new $2 billion, one- million-square-foot data death star.

As Mark Reid, Bluffdale’s city manager, told The Times’s Michael Schmidt, the community’s initial excitement about new jobs faded because many of the data analysts are elsewhere. The good jobs, he says, are for security dogs who have a “plush” kennel.

“They don’t interact with anybody, they don’t let anybody come up there,” he said: “It is like they are not there. It is not like they are I.B.M. and they join us for town days and sponsor a booth.”

At a hearing of the Senate Intelligence Committee in Washington on Thursday, Democratic Senator Mark Udall of Colorado tried to pin down the shadowy and largely unchecked Emperor Alexander, as the N.S.A. head, Gen. Keith Alexander, is known, on whether his agency is indiscriminately Hoovering Americans’ phone records.

“I believe it is in the nation’s best interest to put all the phone records into a lockbox that we could search when the nation needs to do it, yes,” Alexander said.

When Alexander was asked a year ago if the Bluffdale center would hold the data of Americans, he replied no: “We don’t hold data on U.S. citizens,” adding that reports that they would “grab all the e-mails” were “grossly misreported.”

Democratic Senator Ron Wyden of Oregon told me ruefully that on Thursday, “Alexander put in a lockbox information that he’s told the public he doesn’t have. This is what we’re dealing with.

“They think it’s O.K. to repeatedly say one thing to the public about domestic surveillance and do something completely different in private,” continued Wyden, who pressed Alexander about whether they’re collecting cellphone location information.

The senator is skeptical that the N.S.A. is open to reform, noting, “They’re just putting the same wine in a new bottle.”

http://www.nytimes.com/2013/09/29/opinion/sunday/dowd-creeping-cloud.html?nl=todaysheadlines&emc=edit_th_20130929

Of Martyrs, Sinners and Saints...

Of Martyrs, Sinners and Saints...

"These books can be read, independent of their time and place, as strong preventive medicine against the mentality of servility, and especially against the lethal temptation to exchange freedom for security:  a bargain that invariably ends up with the surrender of both."  

- Christopher Hitchens, Washington D.C. (January 20, 2003) - Preface to Animal Farm and 1984, by George Orwell 

By J.M. Hamilton  9-28-13

What possesses a person to write a blog, illustrating their beliefs on economic and political issues, knowing full well that they risk upsetting at least half their readers?  Even if such chicken scratch is written under a pseudonym to protect family - we now know that nothing is private, and the NSA can track down anybody, using IP addresses and the world wide web.

I've said it before and it's worth repeating, if this blog troubles you... It’s probably because the points made challenge your own beliefs?  One simple solution is don't read J.M.H.  Better yet, start your own blog, as a direct counterpoint to my own.  If you are inclined to believe that I am merely unqualified to write on the issues of the day, one should check out what passes for news and journalism in many of today's mainstream/corporate news organizations, or turn on the six o'clock local news, replete with sanitized, often mindless news stories, and the weather.  Yes, and there is that thing called the first amendment.  On the other hand, if individuals are judging me based upon my life, well.... I guess by that standard, nobody would be qualified to write or offer an opinion.  I've never claimed to be saint, and I have met very few saints, if any, in my lifetime.

I've often analyzed my own intentions in writing this blog, and they have evolved over time.  At there most altruistic - I write to educate, to share what I have learned, and - as is true of any polemicist - in the hopes that my words may influence others and bring about positive change.  Who knows?  If these editorials cause you to foam at the mouth, raise your blood pressure just a little bit, or laugh out loud, than I've achieved my objective.  My novice opinions are expressed on the macro economic and political issues of the day, and are intended for a macro audience.

All of this makes me wonder about Mr. Snowden.  Here is a man, at great personal risk to himself and his future, who wanted to bring about change by sharing what he knew.  That he had to flee the U.S. to protect himself from persecution and prosecution, demonstrates how far this nation has come in sacrificing freedom for alleged claims of personal safety - not unlike certain claims made by totalitarian and authoritarian regimes.  The ends always justify the means in an authoritarian or totalitarian state; and individual freedom - and the individual - are often sacrificed for specious claims about the greater good, the protection of the state (i.e. dictator), the safety of said regimes inhabitants, or just on a whim.

President Obama has accomplished a great deal while in office, much of it positive; and of course, there's the GOP's foregone opportunity cost, when the Bush (W) administration - and subsequent Republican presidential nominees - placed President Obama into power, not once but twice.  And yet, despite high hopes, there's already a wistfulness (and in some instances rebellion) among his supporters, about this Presidency and what it might have been.  Particularly, when it comes to issues like governmental transparency, and reining in some of the worst excesses of the previous administration, such as an assault on personal freedoms, all under the guise of protecting said freedoms, under the Orwellian named Patriot Act.   The very notion that the U.S. is now under 24-7 surveillance, and many of our global allies and friends are upset about their own surveillance at the hands of the U.S.government (sometimes with the complicity of same/said allied government)... well, possibly, one starts to understand why Mr. Snowden may have done what he did.

The idea that Mr. Snowden could have gone to his superiors within the NSA, or a member of Congress to discuss his findings, is absurd.  The country, as often as not, suffers from what Mr. Orwell called "groupthink," and clearly lockstep obedience and consent is often not only preferred but demanded, particularly in today's economy.  The squeaky wheels, with the best of intentions (and even if they are correct, can save their government or organizations money, profits, or embarrassment) are turned away, told to shut up, and get back into line.  Or are simply terminated.

This then, maybe the nation's Achilles heal.  Have we grown so massive, bureaucratic, brittle, hierarchical/patriarchal, and passive/apathetic... that it is not foreign military power that the nation has to fear, but a single person with an idea?  Ideas, after all, are dangerous things.  And this concept helps explain, why our government maybe spying upon it's citizens.  Ideas - as well as democracy itself - seemingly, must be contained.  The only other explanation for the NSA's behavior is moral hazard.  Is the NSA what happens when the profit motive and the private contractors - who run the NSA, are both introduced to unlimited/black/offline budgets, and a sub-rosa regulatory court for oversight?  Anything goes?  (By the way, I would like to think it's greed that drives the NSA because with proper oversight that can be reined in.  Then again, if our government truly is afraid of it's citizens - that it feels compelled to spy on us 24-7 - than this is as it should be.  For governments - even one's founded on such unprecedented idealism as our own - should be afraid of it's citizens, particular when said government is, allegedly, derived by the will of it's people.  Mr. Jefferson told us that, and more.)

Mr. Snowden is a patriot.  He will enter the pantheon of great men, not unlike MLK, Gandhi, Jefferson, and Paul Volcker.  He's a rebel with a cause, and his cause is freedom from the tyranny of a government agency(ies) that has over-extended it's reach.  Mr. Snowden is a radical and revolutionary (but only to the extent that telling the truth, and government transparency have become a radical idea and a revolutionary concept, respectively).

Quite simply, Mr. Snowden has pulled back the veil in the land of Oz, and has defied the power behind that veil.

And for that, liberals and libertarians, democrats and republicans, should all be grateful.  General Alexander, who runs the NSA, appears to come from a line of military leaders throughout the ages, who appeared to have gone meglo, or at his very best, has a questionable regard for the constitution of the United States.  In response, what Americans should insist upon is greater transparency in government and the DOD/NSA.  We should also be weary of the "contrived event" that places this nation on a wartime footing, is used to justify an absurd amount of spending on the NSA and DOD, and causes Americans and the Congress from taking their eye off reforming these same bureaucracies.  (By way of example, the Gulf of Tonkin and Iraq's weapons of mass destruction - and some conspiracy theorist have even suggested 9-11 itself - fall into the "contrived event" category.)

Whether Mr. Snowden ends up a martyr or a saint, or perhaps both, remains to be seen.  In either case, a debt is clearly owed to this man, and he should have not have had to fled to the former Soviet Union, out of fear for his personal safety or reprisals from our government.  Could there be a Nobel in this young man's future?  I certainly hope so.

And speaking of saints...  The patron saint of Capitalism, Mr. Warren Buffett, let loose an interesting point at Georgetown University recently, when he called the Federal Reserve the greatest hedge fund ever.

Mr. Buffett deserves tremendous credit and respect for being honest; he continues to be effusive in his praise for Chairman Bernanke, and Messrs. Geithner and Summers, for bailing the nation out of the financial crisis.

But as events have shown, it wasn't the nation that was bailed out of the ongoing Great Recession; but rather, the high flyers in banking, finance, shadow banking and private equity who were bailed out of a disaster of their own making, by the Federal Reserve and the Congress of the U.S.  There's been  news story after news story as of late, that the true beneficiaries of the Fed's largess (read QE and interest rate suppression) have been the plutocracy and folks like Mr. Buffett.  Hence, praise from Mr. Buffett for the Fed programs that have done little for the 99% and have actually, arguably, harmed same.

Unemployment appears to be creeping down but for the wrong reason:  people have given up looking for jobs.  Speculation is rife in the Wall Street cartel, and some of the banks that make up the cartel are under investigation for rigging commodities markets, and financial benchmarks.  J.P. Morgan has reportedly set aside another six billion plus in legal expense, so much for the epitome of risk management.   Meanwhile, the 99% are having trouble finding employment, are squeezed by higher food and fuel priced - caused by speculation courtesy of the Feds largess to the connected and the powerful, and the housing market is still a mess.

Mr. Buffet once called derivatives and swaps "financial weapons of mass destruction," but his companies continue to profit tremendously from same.

Mr. Buffet also told us that there is class warfare in our society, and the rich have been taking it to the 99%, and winning in a very big way.  Just one more way in which the 99% are getting "scrod" - paying higher rates of taxes to subsidize the über wealthy's shear rapacity.

We can give Mr. Buffett credit for his candor, but he's also very bright... and he knows that excessive concentrations of power and wealth in any nation, often leads to some combination of revolt, wealth confiscation, and sometimes even revolution.  At Georgetown, Mr. Buffet said our system has got to find a way to narrow the gap between the rich and the poor.

An excellent thought, but how does Mr. Buffet propose to bring about such change?  He's offered very little in the way of solutions.  Redistribution of wealth by our tax code, via the Federal government, is a start, but isn't the private sector a better way to go?  Your humble blogger believes so.  Presently our government gives tremendous welfare to many businesses and companies, via the tax code and government contracts, w/out insisting upon anything in return.  In order for these tax credits and contracts to be renewed, would it be too much to ask that our elected representatives and senators insist that these same businesses hire Americans and outsource less?

As for the financial weapons of mass destruction, the architect of our present and future crisis, would it not be best if these instruments were traded in open and transparent exchanges, with actual - good ol' - private sector capital backing these instruments as collateral, in lieu of the full faith and credit of the American people?   How about breaking up cartels and monopolies, which would create more jobs and opportunities in management, not to mention lead to greater competition and reduced prices for the consumer?

And as for our Central Bank, cum hedge fund, Mr. Bernanke has likely painted himself and the American people into a very dark corner.  The stock market, the only thing that is humming, is addicted like a junkie to Fed liquidity.  And the cartel also jacks up the interest rates on the mortgage market, anytime there is mention of cutting back on the QE fix.  The cartel is now so powerful, and interconnected throughout the economy, my guess is it has tremendous sway over employment, globalization, and labor - tax - regulatory arbitrage.  In short, the Fed is as the mercy of the Street, instead of the other way around.  The Fed and the American people may ultimately pay a dear price for the Fed's actions, because like any hedge fund holding bonds, these bonds will eventually depreciate in value - at a significant discount - when the Fed finally does stop pushing QE and interest rates inevitably rise (observe the recent outflows from PIMCO - the world's largest bond mutual fund).  But the Fed doesn't mark its holdings to market, which means it will have to hold onto these assets to the bitter end in order to avoid reporting the loss.  Either way, both the Feds holdings or assets, and the earnings on same, will likely suffer a serious and significant discount when interest rates rise... all at a time when the fiscal health of the nation is at low ebb, and the economy still has not recovered.  There's a very good chance that the billions the Fed is paying the U.S. Treasury today on it's portfolio, will vanish tomorrow in a higher interest rate environment.... unless the nation heads back into recession and interest rates fall.

It would appear then, if the Fed truly is a hedge fund, to be redemption time for the American public.

Probably the greatest crime of the Great Recession was it was papered over by Chairman Bernanke with a flood of liquidity, at the expense of the 99% and the nation's future.  A flood of liquidity was unleashed that allowed banks and the titans to purchase assets at fire side sale prices.  Wealth has become more concentrated, and more powerful.  If the rich had felt the pain however, like the 99%, you can bet there would have been true reform in this country.  The banks would have been broken up, Glass-Steagall re-implemented, and the financial weapons of mass destruction would have been heavily regulated.  And I believe the banking cartel presents such a drag on the economy, and a tax on the American people, that nothing short of it's break up, and the re-institution of Glass- Steagall, will save this country and it's economy.

As it stands, very few of the wealthy or elite felt little or no pain as a result of the ongoing crisis, and their opportunity and ability to empathize with everyone else vanished.... bailed out by the Congress of the U.S. and the Federal Reserve.   As a result, we are exactly in the situation that led to the last crisis:  too big to fail, or prosecute, banking institutions; too much concentrated wealth and power; a crony Congress owned by the elite; and unregulated financial weapons of mass destruction.

Many Americans nearly deify executives and captains of industry, like Mr. Buffet, and they are deserving of the same respect afforded any human; but as Mr. Gross recently pointed out with the Fed juicing the game for the wealthy, banking and shadow banking, maybe we should not get carried away with idol worship.  Add in crony capitalism, a Congress that is for sale, a SCOTUS that caters to the plutocracy, tax breaks for the wealthy at the expense of everyone else, and ask yourself a question: Just how hard is it to win a rigged game?

Mr. Buffet is no saint, but he's smart enough to know where this is all leading.
 

Given the dysfunction in Congress, any solutions to the nation's very real problems will likely come after the next crisis hits.  Let's hope next time around, the government doesn't bailout the rich at the expense of everyone else. Last I looked, one does not see hedge fund listed among the Fed's responsibilities within the Federal Reserve Act.

P.S.

Really!  And what's up with the new Pope?  This is the first Pope in my lifetime, possibly ever, who has abandoned the patriarchal, fear, fire and brimstone message of the Old Testament (the law), in favor of the enlightenment, hope, and tolerance of the New Testament (salvation).  Watch your back, Papa!  They crucified Christ for a lot less.  God bless, Pope Francis!

Copyright JM Hamilton Publishing 2013