Hope You Had a Good April Fool's Day

And a good Easter if you celebrate that.

The US condition makes it difficult to create an April Fool's post that wouldn't seem very plausible to many.  Our president's acts would have qualified as April Fool's jokes in any prior presidency.

Today it's more important to practice kindness.

With those people who engage me in conversation, I try to assume I'm talking to a genius, a future Nobel Prize winner, or a great musician, a dedicated teacher.  I try to believe they may actually be those things.

It's hard to pull that off and I fail regularly.  But I ask people with whom I disagree, why they believe what they believe.  What studies have they undertaken?  What books and articles have they read so I can learn the facts that underlie their argument.  And if they have none to offer, I ask them why it's important for them to believe it.

It's not something I do every day - I don't get into those situations every day.  And it's much easier to react poorly.  And acting poorly isn't reserved for any political persuasion.  I try to ignore physical characteristics.  I try to assume a person's body - whether attractive or unattractive to me - is just a costume that does not reflect the human being wearing it.  And if the person inside isn't very attractive either, I get curious how the once perfectly beautiful little child came to become the disagreeable person talking to me?  Who or what blocked that child's path and warped their humanity?  Might they talk to me about it?  Might that hep or not?

I can't keep this up all the time, but that's my goal.

And humor amongst intimates is a great way to get release.  Jokes that take on the powerful are probably the most permissible.  But jokes at other people's expense are always a risky strategy, particularly with people who have a shaky self image.  Jokes at one's own expense are the most socially acceptable, but not if they hurt the jokester.

Maybe you can guess that my granddaughter and daughter got to town very early this morning and they make me a better person.  We played in the snow.  It turns out our backyard snow has a hard crust on it that makes it great for sliding down.  This snow is very different from the very occasional snowfall she gets at home, that melts in a few days.   I got to hook up the trailer bike to mine and we pedaled to the playground and back.  The world is such a big adventure for my sweetie.  I wish you all a good month.  May you smile more, yet keep resisting evil or being evil.

Images Of Ice

Here are some pictures of the ice formed this afternoon in the gutter along the street.  I tried to find some articles that clearly explained how ice forms.  I didn't find any so I'll offer a few quotes between the pictures.  

FromWikipedia:

"An unusual property of ice frozen at atmospheric pressure is that the solid is approximately 8.3% less dense than liquid water. The density of ice is 0.9167 g/cm3 at 0 °C,[6] whereas water has a density of 0.9998 g/cm3 at the same temperature. Liquid water is densest, essentially 1.00 g/cm3, at 4 °C and becomes less dense as the water molecules begin to form the hexagonal crystals[7] of ice as the freezing point is reached. This is due to hydrogen bonding dominating the intermolecular forces, which results in a packing of molecules less compact in the solid. Density of ice increases slightly with decreasing temperature and has a value of 0.9340 g/cm3 at −180 °C (93 K).[8]"

"Ih = Normal hexagonal crystalline ice. Virtually all ice in the biosphere is ice Ih, with the exception only of a small amount of ice Ic."

From Science Learning Lab:

"Molecules are constantly moving because they have energy. In a liquid form, water molecules have more energy than in a solid – they move around quickly, essentially bouncing off of one another. As the liquid cools down, the amount of potential energy is reduced and the molecules start to move slower. When the water temperature reaches around 0°C, the molecules stick together and form a solid – ice. Even in this solid stage, the molecules are still moving – we just can’t see it."

From NYU:

"In ice Ih, each water forms four hydrogen bonds with O---O distances of 2.76 Angstroms to the nearest oxygen neighbor. The O-O-O angles are 109 degrees, typical of a tetrahedrally coordinated lattice structure. The density of ice Ih is 0.931 gm/cubic cm. This compares with a density of 1.00 gm/cubic cm. for water.
There are eleven different forms of crystalline ice that are know. The hexaganol form known as ice Ih is the only one that is found naturally. The lattice structure of ice 1h is shown here."

What Is The Difference Between Kosher for Passover and Regular Kosher Matzah? -The Human Capacity To Disagree

Over the years philosophers, psychologists, and other observers of the human condition have identified what they thought made humans distinct from other species.  A BBC exploration of that question begins with with Aristotle:

 We are "rational animals" pursuing knowledge for its own sake. We live by art and reasoning, he wrote. 

I'm not going to claim that disagreement makes us unique, but it sure seems be be common.  I probably don't have to give you any examples.  You probably can come up with some that occurred in the last hour.

But since tonight begins Passover, here's an example that makes my point.  Not just that people disagree over things that clearly have consequences (who to vote for, what to eat for dinner), but also things that seem to be disagreement for disagreement's sake.

Since our daughter and granddaughter are visiting next week, and since it's Passover, we can't make a bread together.  So I thought we could make matzah instead.  Matzah boxes are marked
"Kosher - not for Passover"  and "Kosher for Passover."

So I wanted to know what the difference was.  It's mostly about how carefully the wheat is treated from the time it is ground to flour.

On keeping Passover Matzah kosher:

"Most authorities maintain that it is sufficient to guard the wheat from the time it is ground, in order to use it to fulfill the mitzvah of eating matzah. Some authorities dispute this, however, and maintain that the wheat must be guarded from the time that it is harvested." 

In my role as a mediator at times, I came to learn that such disagreements - that seem to be about differences that don't really make a difference - are based on unspoken assumptions or issues that are the real problem.  It's not the purity of the grain, so to speak, but some other value it represents.

Perhaps it's just about who is right or who has the power to make the decision.  Or it could be that the stricter interpretation reflects a generally greater concern for detail by that position's advocate.

I would argue that the Jews in Egypt who first baked the unleavened bread before their exodus from Egypt, did so because they didn't have time to wait for bread to rise a few times before they had to leave.  And I'm sure they didn't use special flour that had been carefully guarded.

The use of the matzah today is symbolic.  It's to remind Jews of the suffering of their ancestors and to remind them that they too were strangers in a strange land and had to flee.  And thus Jews should remember to help others today who have to flee their homelands.  So whether we use extra special wheat to make matzah probably really makes no difference.  No one eating matzah can tell the difference.  It's the symbol that matters.  And if Jews eat made from the most vigorously guarded wheat, but forget how to apply the lessons of the story to those suffering a similar fate today, they've gotten so tied up in the rules, they've missed the whole point.


For those who are unfamiliar with the Kosher labels of food packaging, here's a website that looks at the Kosher labels and the labeling authorities.

If Legislative Coalitions Require Members To Vote For The Budget In Exchange For Benefits, Is That Bribery?

Alaska state representative  David Eastman from the Mat-Su, in a commentary in today's newspaper, raises an interesting question.  He describes when legislators join the Republican controlled 'fraternity' (the majority caucus) in Juneau, they get a bunch of perks - bigger office, more staff, prime committee membership and possible committee chairs, access to better state travel money and

 "you are invited to be 'at the table' at those closed-door meetings that never take place (at least officially.)"

But all those things don't come without a string attached.

"The cost for joining the fraternity is simple: a promise to vote with the fraternity when called upon to do so, and to approve the state budget endorsed by the fraternity — no matter what's in it."

 So, a group of legislators that forms a majority caucus, sets up rules that give benefits to legislators in exchange for votes.  That's what Eastman is complaining about.

If I gave a legislator $500 for a plane trip on the condition that he vote a certain way on a particular bill, that would be clearly illegal.

Here's from the Alaska Statutes:

"Alaska Statutes.
Title 11. Criminal Law
Chapter 56. Offenses Against Public Administration
Section 100. Bribery.
previous: Chapter 56. Offenses Against Public Administration
next: Section 110. Receiving a Bribe.
AS 11.56.100. Bribery.
(a) A person commits the crime of bribery if the person confers, offers to confer, or agrees to confer a benefit upon a public servant with the intent to influence the public servant's vote, opinion, judgment, action, decision, or exercise of official discretion.
(b) In a prosecution under this section, it is not a defense that the person sought to be influenced was not qualified to act in the desired way, whether because that person had not assumed office, lacked jurisdiction, or for any other reason.
(c) Bribery is a class B felony."  [emphasis added]

Clearly, when someone joins a Republican majority coalition, as Easton has described it, that coalition "confers, offers to confer, or agrees to confer a benefit upon a public servant with the intent to influence the public servant's vote, opinion, judgment, action, decision, or exercise of official discretion."


The benefits are all those things Easton describes:

• larger office
• better committee assignments including chairs
• more staff
• better travel benefits
• and access to private meetings where key decisions are made

In exchange, the legislator must vote as the coalition dictates on key bills including the budget.  As he describes it, their exercise of official discretion is removed.


I recall when  Rep. Lora Reinbold was kicked out of the Republican coalition in 2015, she was stripped of her committee assignments and her office etc.  She was kicked out because she didn't vote for the budget the coalition had put together.  I wrote a long post then (March 30, 2015) exploring the logic and reasoning and ethics of such rules.  But I didn't talk about it being a form of bribery.  But the way Easton talks about, it certainly seems to fit.


Here's a bit of what I wrote then.  The first quote confirms Easton's allegation.

"ADN Saturday March 28, 2015:

“All I can say is, she knew what she was doing, she knew what the rules were, and chose to go the way she did. There are consequences,” [House Speaker Mike Chenault] said."

Then I called my legislator's office and was told that wasn't how the Minority (Democratic) caucus worked.  They had no rules.  He suggested I call someone from the Majority (Republican) caucus.

"I check with speaker Chenault's office. 
A male staffer answered.  I explained my query and asked where I could get a copy of the rules.   
They're unwritten rules, he told me, that the caucus has.  There is no written set of rules.  They're understood.  The main one is to vote for the budget.  If you don't, things can happen.   I asked how anyone finds out about the rules?   They're told in the caucus he said."

The 2015 post got into questions about written and unwritten rules.  I wondered whether the fact that rules were unwritten suggested they knew there was something shady about them.  But on further reflection, spurred on by Rep. Eastman, I think it's a pretty clear case of bribery.

Now, I'm also sure that the Republicans have somewhere exempted internal wrangling from being interpreted as bribery.  And it's clear that log-rolling and 'if you scratch my back, I'll scratch yours" are long accepted practices in legislatures.  

Log-rolling is part of the process of getting work done in legislative bodies made up of many individuals with different agendas.  It's how you compromise.  The legislator may get a bill he badly wants passed, but he's not getting personal benefits.  But what Eastman so clearly describes is an attempt by party leaders to force their members to bow to their will in exchange for a bunch of benefits.

I'll try to check on if and where this practice is exempted from the Statute on bribery.  If I find out, I'll post again with some options for how one could end the exemptions.  If I can't find such exemptions, I think it would be time to prosecute the leaders of the Republican coalitions for bribery.

Emerging As The Snow Retreats [Updated}

We have snow and ice and various combinations of snow packed denser from the weight of more snow.  But the sun and wind are busy melting and evaporating the snow and ice.  My daily exercise has been to chop the ice that formed on the sidewalk and street and to liberate the gutter so the melt water can make a straight path to the sewer and not melt each day and freeze again each night in the street.

Here are some pictures as the disappearing ice and snow reveal what they've been hiding during the winter.

Here's part of the rock flower bed border poking out today.

Under the trees the snow wasn't so deep and so that ground makes an early appearance.  Some of the leaves fell after the first snow falls and have melted their own shapes into the older snow.

And here's some phlox poking out, getting ready to display their tiny pink blossoms near the beginning of the parade of flowers starting in May.

I thought, wow, a moose was just by and I missed it.  But there were no holes in the snow that moose leave, so this must have been left here many snows ago, and buried until yesterday.

[UPDATE March 28, 2018 - What the snow giveth, it can take away again.  I meant to note in this post yesterday that it's still March and there tends to be a snow or two in April still, even May.  And last night it snowed ever so slightly.  But enough to cover up the moose poop:

But the sun's out again and most of last night's snow is gone already.  This time of year we have lots of light and the knowledge things will turn green again soon.]

And the magpies have also been eager to poke around in the newly revealed leaves.  This is a great time of year as the (northern) earth shrugs off its coat and all the life that's been hibernating underneath begins to awaken.

Afternoon Trip To Alaska

I picked up my car Friday from the repair place, but they hadn't quite figured out the problem, but it did need to be driven, so if I took it for the weekend and drove it, that would help them.  I'd taken it in Wednesday evening and they were supposed to fix it Thursday. The key issue was that the yellow trouble light was on.  But Thursday is when the truck hit the bridge near Eagle River and shut down the Glenn Highway.  And the mechanic assigned to my car was stuck in the giant traffic jam.  Or so they told me.  No problem, I don't use the car much anyway.

An old gag about Anchorage is that "it's alone about 20 minutes from Alaska."  So, since the car needed to be driven, I wanted to head down the Seward Highway, maybe even take a short hike if the snow and ice weren't too bad.

The trail turned out to be mostly ice at the steepest part - just past the bridge - and even though we had grippers and poles, we decided it wasn't worth it.  Our grippers work fine on flat ground, but not up a steep incline.  But here are some pictures.



Turnagain Arm from McHugh Creek.














Here's a closer picture of the ice floating on the tide.

Here's McHugh Creek from the bridge just before the icy incline.  



















And here are those icicles closer up.





















Another part of the creek.












And the moon was out too.



Oh yeah, the yellow trouble light went back on in the van.  Who knows when they're going to figure out what's setting it off.

Senator Dan Sullivan On The Checks That Exist On Trump's Possible Firing of Mueller

Just seven days ago I wrote here that people should contact their Congress members and Senators to let them know they should NOT let Trump get away with firing Mueller.  I also sent emails to my representative and senators.

Only four days later I got a reply from Senator Dan Sullivan.  While he doesn't make any commitments, it looks like his staff was prepared on this one.  So I think it's only fair to post his response.

"Thank you for contacting me regarding S.1741, the Special Counsel Integrity Act. I appreciate your thoughts on this issue and welcome the opportunity to respond."

I know this is a form letter from the first line, because I didn't mention S.1741.  I just urged him to make sure  1) Trump knows that Sen. Sullivan supports the Mueller investigation and  2) should Mueller get fired that Sullivan would work to stop Trump.  I didn't offer how, I figured he knew those details better than I did, and he did.

On August 3, 2017, Senator Thom Tillis (R-NC) introduced S.1741 to formally establish a process by which the special counsel can challenge their removal. This legislation would allow a special counsel to challenge their removal before a panel of three federal court judges whose decision could be appealed to the U.S. Supreme Court. 

Since President Donald Trump assumed office on January 20, 2017, several news outlets have published allegations that staffers for President Trump had contact with Russian officials during the 2016 presidential campaign. Following these allegations, on May 17, 2017, Deputy Attorney General Rod J. Rosenstein appointed former FBI Director Robert S. Mueller as special counsel. The special counsel is authorized to investigate any possible coordination between the Russian government and the campaign of President Donald Trump, as well as any other matters that arose from this investigation.  

The President does not have the authority to remove Robert Mueller as special counsel; his removal would require the approval of Deputy Attorney General, Rod Rosenstein. The special counsel can only be fired for misconduct, dereliction of duty, incapacity, conflict of interest, or for other good cause, including violation of DOJ policies. Additionally, the special counsel must be notified in writing as to the reason for their dismissal.  [emphasis added]

We need to continue the comprehensive investigations being conducted by both the DOJ, FBI and the Senate Intelligence Committee into Russia’s involvement in the 2016 election. As a firm advocate for maintaining proper checks and balances in our government, I will continue to work with and at the same time provide necessary oversight regarding the President’s nominees to ensure that all appointees follow the U.S. Constitution and the rule of law, and that foreign governments do not succeed in their efforts to undermine trust in the U.S. Government—a model of freedom that stands in stark contrast to Russia’s authoritarian regime. [emphasis added, and I'd note that 'both' usually refers to two things not three.]

S.1741 has been referred to the Senate Committee on the Judiciary, where it awaits action. While I am not a member of this Committee, I will be sure to keep your comments in mind as it is discussed in the Senate. 

Thank you again for contacting me on this issue. If you have any more questions or concerns, please feel free to contact me or my staff. My office can be reached at 202-224-3004, or online at www.sullivan.senate.gov.

Sincerely,

Dan Sullivan
United States Senator 

So here is the official summary of S.1741:

Special Counsel Integrity Act
This bill sets forth requirements and limitations with respect to the discipline or removal from office of a special counsel appointed under Department of Justice (DOJ) regulations.
Specifically, a special counsel may be disciplined or removed only by the personal action of an Attorney General who has been confirmed by the Senate. If the Attorney General is recused from the matter, then a special counsel may be disciplined or removed by the most senior DOJ official who has been confirmed by the Senate and is not recused from the matter.
A special counsel: (1) may only be removed for misconduct, dereliction of duty, incapacity, conflict of interest, or other good cause, including violation of DOJ policies; (2) must be informed in writing of the specific reason for the removal; and (3) may file an action for judicial review of the removal.

It was introduced, as the letter says, on August 3, 2017 by Senator Them Tillis (R-NC) and referred to the Judiciary Committee.  You have to dig around a bit to find out that Sen. Christopher Coons (D - Del) is the co-sponsor.   It sat there until September 26, where a hearing was held.

That's all that Congress.com tells us.  Presumably it's been sleeping in that committee ever since, so my Senator says it's out of his hands.

I appreciate that Sen. Sullivan got back to me quickly and gave me some substantive information, but I don't seem much enthusiasm on his part for doing anything.  Though he did vote No on the budget just about the same time. And he does want the Mueller investigation to continue.  What exactly will he do to make sure that happens?



Here's what Vox said about this bill and another similar one back in October and it seems to apply to Sullivan's response:

"Senate Republicans have been coy about whether they would move to insulate Mueller if Trump follows the conservative calls to dismiss the special counsel’s investigation.
But if they’re interested in taking action, they have options already on the table."

If you poke around long enough you start to get stuff.  Here's part of what CT Mirror said on March 19, 2018:

"After Mueller was appointed nearly a year ago to head the investigation into possible ties between the Trump administration and Russia, senators, including Richard Blumenthal, introduced two bipartisan bills last year aimed at protecting a special counsel from political pressure from the White House
The “Special Counsel Integrity Act,” introduced by Republican Sen. Thom Tillis of North Carolina and Democratic Sen. Chris Coons of Delaware, would allow a special counsel to be fired only for “misconduct, dereliction of duty, incapacity, conflict of interest, or other good cause, including violation of Justice Department policies.
The “Special Counsel Independence Protection Act,” introduced by Sen. Lindsey Graham, R-S.C.; Cory Booker, D-N.J.; and Blumenthal would require a federal judge to first sign off on any action to discipline or fire a special counsel.
The Senate Judiciary Committee held a hearing in September on the two bills, but the legislation has not moved since then. Similar legislation introduced in the U.S. House is also stalled.
When the Senate returns on Tuesday, a push to move the bills out of committee onto the Senate floor is expected."

Let's see if  either of these bills get any new co-sponsors, especially now that Bolton is officially in the administration.

I Have A Potential Shooter/Terrorist/Bomber To Report . . .

After every shooting and bombing, well, any event where one 'mentally ill' person manages to kill three or more people, we hear the refrain "everyone should have seen the signs before it came to this.  It's a failure of the system.  Guns aren't the problem, it's mental illness."

Well I'd like to report a guy who thinks he's president of the United States, which he believes, allows him to do whatever he wants.  He hangs out with some truly strange people who urge him to do really bizarre stuff,  but they tend not to stay for long.  If they disagree with him on anything, he kicks them out.

He tweets threatening messages to people who disagree with him, whether they are members of Congress, judges, journalists, FBI, football players, former sex partners,  ordinary citizens, or leaders of other countries.

And for him the truth is whatever he says it is at any given moment.

He has a suitcase, I'm told with which he can blow up the world.  It has instructions on how to set off nuclear weapons. (One positive is that he doesn't like getting instructions from anyone.)  He's got this huge cache of weapons and he's recently gotten approval for an additional nearly $700 billion in weapons and other war supplies.  I think there should be a two year waiting period before he gets any of that.

I doubt there is any other single individual with more resources to do harm to the world, whether though actual arms and weapons or through destruction of the environment, civilization and community, and the good will that humans have been able to develop over the years.  And his behavior is erratic and unpredictable.  (I don't even think that's completely true - his specific actions may be, but the underlying motivation seems to be satisfying his own need for the moment.).  He's unpredictable and decidedly misogynist.

So rather than be sorry, I think it's my duty as an American citizen and as a human being to report him.  He needs serious psychological review.  I

f Republicans in Congress are serious about stopping violence through catching the mentally ill who show signs they might commit acts of violence, it's time to review this man's stability, particularly given the stash of weapons he's collecting.

I predict a serious act of violence if he is allowed continued free reign (pun intended.)  And then everyone left will be wringing their hands either saying, "who could have known" or "I always thought . . ."

Tried Out My Bike Today - Conditions Were Better Than Expected And It Felt Great

It was brilliantly sunny, though the temps are back closer to normal.  Warm enough in the afternoon that there was water from melting snow and ice.  I wasn't sure how far the conditions would be ice-free and deep-puddle free, but I thought I go exploring.

Soon I found myself out on Dowling looking at the Chugach.

Then coming back on Elmore, I had a view from the first bridge of the dog mushing trail.

A little further and I was over the southern fork (I think) of Campbell Creek.

The next bridge gave me a view of my second moose since we got back to Anchorage last week.

As I said, for the most part the trail was ice free.  There'd been one spot where a thick chunk was floating over a puddle, but there was a bit of room to go around it.  But then, almost home, I got to this hard packed ice near Providence.

I know, there are people who ride all winter and deal with this sort of thing all the time.  But I was away a lot of the winter and didn't get studs for my tires.  And a couple of years ago around this time I found myself flat on my face, hard, after hitting a small patch of ice I didn't even see.  So I navigate this stuff carefully.

It wasn't a long ride - maybe three miles - and I didn't go fast - I have a back fender but not a front one and didn't want to get too wet.  But it felt great.  And I'm guessing those hilly rides on Bainbridge made a difference.  The much more modest hills today seemed like nothing.

Then it was back to filling out tax information.  Really, I'd vote for a candidate who pushed for a much simplified tax code, one that didn't require people to hire someone to do their taxes for them.  A progressive tax with no deductions - except maybe for folks on the poor end who'd had a catastrophic event.  The tax rate could be modest then because people would actually pay that rate, especially those with much higher incomes.

I have to admit that these pictures make it look like I live in the wilderness.  We have lots of urban wilderness of sorts, but I didn't take pictures of the more urban parts I passed.  Maybe next time.  I even passed a Walgreens and a YMCA.

One Reason Some Alaska Airlines Flights Are Priced Well Is Jet Blue - Whose Flight Attendants Began Voting On a Union This Week

Alaskans have benefited from Jet Blue flights to Anchorage, because Alaska Airlines responds with lower (than their normal) fares.  One reason, people say, Jet Blue can fly for less is that their employees don't get paid as much because they aren't unionized.

But the flight attendants vote to unionize began Monday this week and goes through April 17.

Forbes seems to have the most coverage.  Here's their latest.

And the pilots unionized four years ago.  And Alaska seems to be able to match Jet Blue fares when they have to.  So maybe unions aren't the problem.

 My personal experience is that some union officials can be as stubborn and power hungry as some management officials.  But just as there are decent managers, there are plenty of decent union folks and their job is to work for the workers.  It's not just about wages, it's also about benefits, and having people on your side when management treats you badly.

But it doesn't always work - Jeff Graham's union didn't help him.