Wednesday, February 25, 2009

Latest on Economy

I am so glad that THE PLAN to save people, pets and possessions is not going to be necessary. If you read my other postings you will see that I thought that we could provide shelter to people, and keep their pets and possessions, in the empty real estate caused by the recession. Then, when the economy recovered, people could go back to their lives, without having lost everything.

It looks like President Obama's plan to help the economy recover is going to work. Which means we will not need THE PLAN.

Monday, February 23, 2009

So The Plan

First, the basic rules.

Some of you are not going to like my shelter rules. I encourage you to set up shelters for your own people. We are not going to be able to cope with food rules anyway. However, do not let anyone into your home or shelter unless you know them very well. Con men are extremely persuasive and charming, which is why they are good at their jobs. Let us know what kind of people you are looking for and we will send you people after we have vetted them. [Vetting means that we will interview them and check out their backgrounds] Let us handle it if you have to ask someone to leave your shelter. Some con men become violent when crossed. Let us store the possessions of the people you shelter. If you cannot keep their pets, let us deal with the pets.

Some People Are Already Keeping Friends' Pets.
This is a safe and easy thing to do, as long as you can properly care for the extra animals. It helps your friends be able to find a room or other inexpensive housing.

We Have To Generate As Much Happiness As We Can.
The experts are telling us, "Financial markets run on trust, without trust there is no market." We are going to help them by generating as much happiness as we can, because depressed and frightened people do not trust very well.

We Cannot Rock The Boat.
The experts have enough to do. They are not going to be able to cope with any major changes in any local government. So we are not going to rock the boat, we are going to build boats for people who are drowning. After if is all over, which should be within a year, we can turn our attention to other matters.

All Social Protest Is Useless At The Moment.
No changes can be made without rocking the boat. So you might as well join us. This does not apply to people who are protecting something important, like a forest or a beautiful old home. Ask and we will send more people to help you. This is because greedy people are incredibly vindictive, and will destroy what you are protecting as soon as the government's back is turned.

I Have Access To Some Of The Best Computer Geniuses On The Planet.
So we can easily organize on the web without spending a cent. We can do this. It will not be hard and it will be fun. It will also make you feel much better knowing you are doing something important to help out your country and the world. (Again, it looks like the plan will not be necessary in the US.)

You Can Do This In Other Counties. Please Follow My Basic Outline.
Much of what I am doing is because morale is very important. SO please do not vary much from the basic plan. Know that even if I cannot explain it, I have very good reasons for every part of this plan.

As I outline my plan, I will explain my reasoning.

I have decided I do not want to be Commander in Chief for this plan. If we need to implement the plan, we are going to need a retired general grade army officer to run logistics.

I am not going to wear uncomfortable clothes for anybody. I am already in enough pain.

I think the government would have to requisition the real estate. (This is what Britain did during World War II. They requisitioned some of the huge county houses for offices and hospitals.)

It Would Be Better...
if the government cooperated and let the shelters check out the criminal backgrounds of proposed residents of the shelters. Many of the people who need shelter will be children or will be disabled, so they should be protected from violent people, if possible.

Genius Computer Geeks Will Be Needed.
You should treat them with respect. They are not under orders. They are doing this because they want to help. Most of them are employed because it is very easy for computer experts to get jobs. If you insult any one of them, you are going to be on learning duty for the foreseeable future. They will make themselves ID so you can identify them. [Learning duty is going to be doing all of the nasty jobs, like cleaning toilets. We do not have to make you do it with a toothbrush, because we are not fighting a war.] If you are not at the shelter, if you insult any of them, you will be fired.

We Are Going To Keep Open Books.
This is a Stewart Brand idea. [Stewart Brand is the person who published the Whole Earth Catalog.] This means that all of our accounts [detailed Income and Expense statements, etc.] will be posted on a website for anyone to read.

We Are Going To Need A Failing Nonprofit...
that has federal nonprofit status as soon as possible, because we do not have time to qualify our own. Be aware that we will completely take over your organization. We will help you set up a new one, if you want us to do that. I prefer one whose statement of purpose includes helping the homeless.

We Are Not Going To Enforce Drug Laws...
in the shelters. The war on drugs is exactly the same as prohibition, and is stupid for the exact same reasons that prohibition is stupid. Drug addicts are just like alcoholics. They cannot be helped until they ask for help. BTW, please stop forcing people to go to Alcoholics Anonymous. It is stopping them from being able to help the people who ask for help.

I Wish To Thank You All...
for allowing Feds to tell me, "I am sorry that marijuana helps you with your pain and is not additive, if you use it you will get disbarred; and if you try to grow marijuana to help your sick friends, we will put you in prison and seize your property; and, for allowing my doctor to be able to tell me, "Oh, my dear, you are just going to have to live with your pain. Just get used to being in pain. We can't allow you to become addicted, can we?"

We Are Running The Chicago Prohibition...
scenario in every city on the planet. The problem is a thousand times worse in Mexico, but when they tried to legalize drugs, we put so much political pressure on them that they had to drop the plan.

If You Could Really Stop The Drugs
then making them illegal might make sense. But in order to stop people from being able to smuggle drugs, we would have to build a wall around the country, including the beaches and harbors. Even then, drugs could still come in. People managed to make it over the Berlin Wall, and people are a lot more difficult to smuggle than drugs, as they weigh more and have to breathe. (For those of you who do not remember the Berlin Wall, it was a wall, topped by barbed wire, with guard towers, like a prison wall. The guards had machine guns.)

Making Drugs Illegal Makes Them Expensive.
Once a cheap drug becomes expensive, it is worthwhile to the criminals to smuggle it in, because they make a LOT OF MONEY. It also becomes worthwhile to bribe custom inspectors and police officers, and to protect your territory by shooting your rivals.

All The Violence generated by the war on drugs is killing innocent children. We need to stop this insanity.

Do Not Even Talk To Me About A Drug Being Too Dangerous To Legalize.
People will always insist on taking a drug that makes them feel good. If making themselves feel good ruins their life, they are the ones who have to ask for help. Unfortunately, you cannot FORCE a person to stop using a drug that makes them feel good, even if the drug is bad for them.

When drugs are legal, most of the problems with dangerous drugs will disappear because most people only use them because we have made it impossible to get the milder forms of that drug. Most people who use recreational drugs are not stupid. They will police their own community to make certain that newbies will not get into trouble.

Also, if drugs become legal, lawyers could sue manufacturers for selling drugs that really cause damage.

The New Anti-Depressants Are Incredibly Addictive.
Please advise your friends to try St. John's Wart. There is no research on the effectiveness of herbs, but we have the advice of five thousand years of medical practitioners who used herbal remedies to cure people. This information is available. One of my dreams is that historians and herbalists will join together to research the historical references to the effectiveness of herbal remedies.

We Are Not Going To Police Sexual Behavior.
In fact, we are going to do our best to provide private rooms for people. These rooms might have to have hourly schedules in the beginning.

Do Not Even Talk To Me...
about how gay sex is against God's Will. In 1968, interracial marriages were against the law everywhere in the United States. Interracial couples really hated that law. We were told that it was God's Will that interracial couples would not marry and the world would come to an end if we legalized interracial marriages. Substitute "gay couple" for "interracial couple" and draw your own conclusions.

BTW, laws requiring parental notification are dangerous. I will not support them until you can prove to me that, when they are told of the abortion, not a single girl will be beaten by her parents and thrown out into the snow. Rational women will NEVER allow you to make abortions illegal, so you need to get over it. May I suggest forming clubs to help teenage girls grow into educated women, using their talents to the fullest.

Fun Story!
My mother, a staunch Republican, who raised millions of dollars for the Republican Party, went to a South Dakota Republican banquet honoring the President of the United States of America. (I cannot remember which one, but it was over seven years ago.) After the dinner speeches, she stood up and informed the President of the United States that the Republicans were going to lose all of their women unless they stopped trying to make abortion illegal. None of the high level Republicans would talk to her after she did that. They would not even take her phone calls. I am so proud of her. Did that take guts or what!

Another Interesting Story
Two days ago, a friend, who was an officer in military intelligence during Vietnam, told me that his commanders had told him that the war protesters were a bunch of crazies and to leave us alone. I went home and cried. I did not realize that the people who knew about the mess in Vietnam were trying to protect the war protesters using the only means at their disposal. Thanks a lot, guys! If the FBI had tried to take us out, we could never have stopped the war.

So There Is The Plan.

I do not need to tell anybody capable of helping run things what to think about so when we are ready if we have to make this happen.

And Another Thank You To President Obama And His Staff
for all the hard work done to solve the financial crises. I believe his plans will work.

Truth About The Vietnam War Protestors

First, I want to tell you that my father, retired Brig. General Henry A. Smith, Jr., never once told me to stop protesting the Vietnam War because it was harming the troops. And he knew that I would have tried to stop the protests if the protests were harming the troops. Instead, he told war stories of wars similar to Vietnam. And he did this at the dinner table, in front of all the people who thought I was a low down hippie radical. One of the things he kept repeating was. "You can not win a war on air power alone. To win a war, you have to have boots on the ground."

The Vietnam War Protestors Had Information That You Did Not Have.
When men came back to the US after their tour of duty in Vietnam, many of them went to college on the GI Bill. We met them in class and at the local bars. They did not tell anyone else about their war experience. But they told us because we were their friends. They would get drunk and talk about slicing off ears to prove kills, and people being thrown out of airplanes.

The Protests Were Very Well Organized.
Our leaders started by doing research about the war. These students were children of the elite, attending the best universities in the world. Then they organized classes to teach of all what they had found out. They called them Teach-Ins. When they had enough people they started the protests. They found out really quickly that they had to do crowd control or the protests would spiral out of control. We had protests of five hundred thousand people where no one got hurt expect the people who wanted to blow off steam by performing petty acts of vandalism. We had marshals who kept that under control as well.

We All Paid A Huge Price For Doing This.
Most of us lost large portions of their families, because many people, even forty years later, are still angry about the Vietnam War protests.

Did You Really Want Another 100,000 Young Men Killed So You Could See If You Were Right?
No person who fights a war believes that the army should not retreat when necessary. Ask the British about the idiot commander who sent 10,000 calvary troops armed with swords against entrenched machine guns.

Politicians Have The Most Difficult Job On The Planet.
They have to listen to everybody, formulate a plan that will work, and implement the plan. People think they do not like them because they will never be able to satisfy everybody. You are making their jobs infinitely more difficult by calling them crooks, so stop doing it.

I want you all to help me provide shelter to all of the people who are going to be temporarily homeless due to the worldwide economic crises. We can also store people's belongings, and keep people's pets so that when the crises is over they can go back to their lives. And we are going to do this while making the shelters as much fun as possible. I am aiming for a combination of summer camp and college without all of the classes. We can do this, and it will be fun. (It now looks like this plan will not be necessary in the US. Thank you, President Obama.)

So, The Horrible Truth: About Iraq

We could not win in Vietnam for the exact same reason that Prince John could not win against Robin Hood. There was plenty of cover, and Robin Hood know the terrain better than Prince John. During Vietnam, the cities were relatively safe, so that much of the civilian population could be protected.

In Iraq, we were going to take the countryside very quickly. But to take the cities, we were going to have to go street by street, with snipers on every rooftop. The enemy could melt into the shadows because they knew the terrain better that we did. And we were going to have to do all of this in the midst of a civilian population who had nowhere else to go. The civilian causalities were going to be enormous. It is to the credit of our armed forces that the civilian casualties have been relatively low. Even so, I think over 200,000 civilians have died. I cannot bring myself to add up the figures.

Do Not Blame The Armed Forces.
One of the bedrock creeds of our democracy is that the President is Commander in Chief of the Armed Forces and must be obeyed by all military personnel. Commanders can argue about a plan before it happens, but after the decision is made, it is obeyed, no matter how stupid the decision is. And during any war, no officer active or retired is going to discuss the war with an outsider, because to do so might harm the war effort. (I think Britain joined us because they owed us one, and they wanted to help keep the causalities as low as possible.)

Do Not Whine To Me That You Did Not Know That There Were No Weapons Of Mass Destruction.
We all knew, because the UN weapons inspectors told us, over and over again, and more frantically each time. I read it in the Mercury News, which is NOT a world class newspaper. It was on TV over and over again.

Rules For Social Protest

Take only the money you need. Unless you plan to get arrested, you should leave if a law enforcement officer asks you to leave. Even if you do not plan to be arrested, you should arrange to have someone sit by a local land line so they can accept collect phone calls from the jail. BEFORE you go to the protest, write the phone number of this land line on your arm in permanent marker. YOU CANNOT make collect calls to a cell phone from the jail. You will have no money to make a phone call as they store your money, your cell phone, and your little black book. You will not get your things back until you leave the jail.

The Most Insulting War Memorial On The Face Of The Planet

In downtown San Jose, between the Center for Performing Arts and the river, on the bear side of the center, is a war memorial. This war memorial is a bunch of glass like huge freestanding windows. At each glass thing, there is a white flag flying. For those of you who do not know, a white flag is the universal signal for surrender.

It shows incredible ignorance and insensitivity to honor military heroes with a flag of surrender. It means that you think that the heroes were defeated.

Do not do any damage to this monument. The people who built it control the court system. They are entrenched, powerful and incredibly vindictive. You will do to jail for the maximum sentence possible time and even good people, like DA Carr, will not be able to stop it.

I suggest wearing something white (toilet paper?) and go pretend to worship the white flags. Feel free to vary this plan with every piece of ugly public art you can find. Leave the guardian statue at the Berkeley Marina alone. It teaches a very important lesson.

My Favorite Powerful People Who Do Not Obey The Law

Santa Clara County (which is Silicon Valley) for thinking that they do not have to provide public defenders for criminal misdemeanor defendants. They are wrong. Here is why:

Prisoners from the jail are brought into court in chains. One of the prisoners is a nice man, with a small contracting business, taking care of his small children because their mother is a drug addict. He got arrested because the mother and her boyfriend came to his house, stoned out of their minds, trying to get him to give them money. He cannot invite them into his small apartment to prevent the neighbors from hearing the shouting because the kids are asleep in the living room. So he gets arrested because the woman had taken out a restraining order against him. The judge says to him. "If you want an attorney, you are going to have to wait 10 days, but if you plead guilty now, I will let you go home for time served. You will be home tonight." So he pleads guilty.

Six months later, he gets a letter telling him that he is going to lose his contractor license because he committed a crime of moral turpitude. It takes all his money to feed and cloth his kids. He can't afford a lawyer. So he and his children end up on the streets.

We cannot do anything about this right now. We have to hold everything stable to give the experts space while they are fixing the financial crises. Don't worry, we will fix this problem afterwards and the fix should leave the victims with plenty of money. (Actually, I am hoping that an attorney who has time and expertise will sue the county for monetary damages because they violated civil rights under color of authority.)

People In Power Who Believe They Are Above The Law

First Prize Goes To Bill Gates
for thinking he could present a fake operating system to a federal judge. [Federal judges are the rock stars of the legal profession. And they have no patience for stupidity. Bill is lucky he is not in jail.] Naturally the Feds had a world class computer expert who showed, in open court, just what Bill had done. If you do not believe me, check on the net. I read about it in a newspaper.

Honorable Mention
John McCain for believing it is OK to have lobbyists run his campaign. He is wrong. It is unethical, a conflict of interest, and stupid. If he was working for a corporation, he would be escorted out the door and not allowed back into the building.

Sarah Palin for believing it was OK for her husband to harass an employee of the State of Alaska. She is wrong. It is unethical, a conflict of interest and stupid. I am not certain that she could get hired by a corporation. The Republican Party for believing is was OK to call a professor at a state university a terrorist. They are wrong. They are committing libel and slander against this nice man. In libel and slander cases truth is an absolute defense. There is a exception for people who committed a crime and are now leading a quiet and blameless life. You are not allowed to bring up old crimes to ruin a private citizen. I would like to point out that the professor was never convicted of anything.

All of you
for using the word "terrorist" for every person that you think is doing wrong.

For instance, under the current usage Robin Hood was a terrorist. But when King Richard came back, Robin Hood stopped fighting. A modern equivalent was when Britain began addressing and solving the social issues in Northern Ireland, the IRA went home. Osama Bin Ladin is not a terrorist, he is a mass murderer who needs to be caught.

Notice that if you carefully define the problem, it becomes easier to see a possible solution.

The Story Of My Arrest

About seven years ago, I staged a seemingly pointless protest in a local courtroom and got arrested, and convicted of misdemeanor contempt of court. Let me tell you why.

While I was raising my kids, I was crippled and in pain, so I wasn't working, but people knew I was an attorney.

A few people brought me some frightened men, who told disturbingly similar stories. They said that the guards at the Santa Clara County jail were beating up and chaining up people who fell to the floor in a faint. One said that a diabetic went into a coma because the guard did not give him his insulin, and they still beat him up and chained him up.

I did not know what to do. Lawsuits against law enforcement are hard enough, even if you have witnesses who will testify.
Then I came across a judge who was too lazy to give due process of law to poor people whom he was evicting. I had no way to get him disciplined as he was doing all of this via his clerk.

So I sat in my wheelchair and staged a protest in his courtroom until I got arrested. Then, as I was being taken out of the courtroom strapped on a gurney, I shouted at the top of my lungs why I was angry with the judge, in order to cause him maximum embarrassment.

When I was rolled into the jail on the gurney, a tall man came up to me and said, "We are going to do this one of two ways, you can cooperate and we will let you have your wheelchair and you can go home, or you can cause trouble and we will let you go without your wheelchair and you can crawl home."

I was a bunny rabbit until they left me sitting in my wheelchair in the intake area of the jail. Then I got up and laid down in an out of the way corner.

Instantly, five guards appeared. They put me on my feet. One of them put his hand under my chin and jerked my head until my chin was pointed af my left shoulder. No one asked me if I was OK. Then they handcuffed my arms to the arms of the wheelchair, shackled my feet, chained the wheelchair to a bench, and left me there for six hours, directly in front of a security camera. I still have the tape.

I risked my profession and my life to do this. I would do it again if I had to. Actually, on one level, I had a good time. I felt like I was James Bond.

This problem is solved. If you are angry please help me with the people, pets and possession project, if it becomes necessary.

Am I Crazy Or Am I Wise?

I have always fought for justice for my clients. As I grow older, I find that bringing a matter to a court is not always a good solution to the problem.

So I read and listen to find solutions that do work for people. I find that these solutions generally do not result in legal fees, but I do get the satisfaction of fixing the problem.

Right before Obama's election, it looked like the world wide economy might implode. History has taught us that economic chaos can cause bad social problems (like Hitler).

I decided that it was important to tell people that the economy would get fixed. The financial markets run on trust, and without trust there is no market.

In case I was wrong, I wanted a backup plan to take care of people so that people would not be homeless if they lost their jobs. So I came up with a plan to save people, pets and possessions by using any empty real estate to house people and their pets, and to store possessions so that when things got better, people could go on with their lives.

It looks like the people, pets, and possessions plan (explained below) will not be necessary in the US, but I believe in being careful, so I outline the plan at the end of this section.

Quick Fix For Domestic Abuse with No Injuries

Often, a person will call the police because they are angry with a family member. They never intended to have the call turn into a criminal matter. However, District Attorneys in California have a policy of NEVER dismissing a domestic abuse crime. This means that the person accused goes to trial or accepts a plea bargain, which will include attending an anger management class. The guilty plea can often cause a person to lose a state license.

Some innocent people plead guilty to spousal abuse, because they cannot afford an attorney to go to trial and they make too much money to get a public defender.

Sometimes, an old significant other threatens to call the police if the former lover does not give them money.

It would be quick, easy and inexpensive to divert domestic abuse cases where there is no injury that requires a doctor’s care. These cases could be sent to the mediation system that is already set up in many counties. Santa Clara County has an excellent mediation system, which I have used. I am told the system is under utilized. In cases where there is mediation, the DA offers to drop the charges if an agreement can be reached between the parties.

I have had clients involved in domestic disputes. Often, I have felt that what they actually needed was to talk to each other without yelling at each other.

When I did mediation regarding a dispute with a neighbor who kicked down a door, it worked very well. I have been a negotiator for over 30 years, but I could not solve the problem with the neighbor.

The mediators took about four hours to get both of us to reach an agreement. We have both abided by the agreement. One of the most important things the mediator did was to attempt to get us to see the problem from the other person’s point of view.

I believe that often the wrong person is convicted in domestic abuse cases. If the cases go to mediation, both parties will get a chance to talk to each other in a controlled environment. This has the possibility of preventing further abuse by lower the anger felt by the parties involved.

Do Not Lose Your House Without Trying To Save It

Loan Modification Is Now Available From Your Lender.
If you cannot make your house payments, you need to call your bank and ask them to modify the terms of your loan. Call the number on your payment booklet or the number on the bank's website for loan modification. I have heard that it is not a good idea to talk to the bank's normal collections people. Banks have set up special phone lines for people who need their loans modified. When I called for someone, I had no trouble getting through to a person who could help me.

Before You Call, Decide What You Really Need To Have The Bank Do.
You should think about: The monthly payments you can comfortably make. The interest rate you would like to pay. Whether you need to have part of the money you owe just disappear because the money you owe is more than the value of the house.

It Is Better To Ask For Everything That You Want In The Beginning.
In negotiations, it is better to ask for everything you want, even if you think you will not get it. This is especially true if you are asking for loan modification right now. (I am writing this on February 13, 2009.) Right now, the banks are under tremendous pressure to stop the foreclosures on residential property. So all the old rules are gone. Ask for what you need and you may get it all.

Be Prepared To Back Up What You Say With Proof.
The bank will want tax returns, pay stubs, credit card bills, and credit checks. Give them what they ask for if you can.

If You Cannot Do This For Yourself, Pay An Attorney To Do It For You.
Pay the attorney his/her hourly fees. Do not pay someone a percentage unless you really trust that person.

Never hire anyone to negotiate for you that you see advertised on tv or on the internet. You should use a local person, so if you get ripped off, you can find the person who ripped you off. If you can find them, the government will almost certainly force them to refund your money.

Do Not Feel Stupid That You Got Into This Mess.
I do not know anyone who quietly paid off their house so that they could retire without house payments. Some of the most intelligent people I know have house loans they cannot pay for.

Financial advisers were telling people to tap into the equity of their houses. Citibank lobbied for the new bankruptcy law which forces people to refinance their house to pay off credit card debt. Tax policy of allowing only interest deductions on residences tempted people into continual refinancing to keep the interest deduction high. (This is because the interest payment part of a mortgage payment is higher in the beginning of the loan, and almost disappears at the end of the loan.)

Stop Blaming Yourself And Fix The Mess You Got Yourself Into.
This is a society-wide problem. You help us all by saving your own home.