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Posts Tagged ‘ethics

The battle for justice part 2: the problem with nolle prosequi

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A prosecution should not proceed if there is no reasonable prospect of a conviction being secured. This basic criterion is the cornerstone of the uniform prosecution policy adopted in Australia.

from ‘The decision to prosecute’, in ‘Statement of prosecution policy and guidelines’, Director of Public Prosecutions, South Australia, October 2014

Continuing from last post, the case against me was dropped a short while after the arraignment, but not before the police made a visit to my home, the soi-disant scene of the crime. They’d never visited my home or made any contact with me since the arrest, many months before, but it seems the arraignment had spurred them, or forced them, into action.

This was something I’ve never really got. Like many of us I’ve watched my share of crime shows and whodunits. Typically, the arrest comes as the final scene, after weeks and months of painstaking sleuthing. Yet my arrest seemed to have come at the start (though I did have to wait for a while), before any questioning. And then, after the arraignment, the police suddenly showed up at the putative crime-scene to do their sleuthing at last.

I knew what they’d come for, too. Long before, my lawyer had told me some of the details of the boy’s claim. I had apparently raped him in the toilet, after which he’d gotten away and locked himself in the bedroom. I was able to tell the lawyer that none of the bedrooms in my house were lockable, so that part of his story was demonstrably false, so at long last they’d come to check. And then, almost the next day, I was told the case was over.

I don’t remember being sent any paperwork to that effect but I suppose I must have. I was just relieved it was all over, that sanity had prevailed, etc. But this year, more than 11 years on, I came to realise, thanks to a screening process by the DCSI (the South Australian government’s Department of Communities and Social Inclusion), that it wasn’t over, and that it would never be over. This was because of the little matter of ‘Nolle Prosequi’:

The entering of a nolle prosequi by the Director of Public Prosecutions means that he is not pursuing the prosecution at this stage. Theoretically he may pursue the prosecution at a later stage, but this rarely, if ever, happens. Normally the DPP does not give a reason for such a decision, but it is usually based on a problem with the evidence he has assembled. In the course of assembling it, or after it has been assembled in a book of evidence, a problem may arise with a witness or a crucial part of it, that would make it difficult to proceed. Difficulties of this nature usually undermine the whole basis for the trial. Even if new evidence is discovered, the problems with the old evidence remain. If a nolle prosequi is entered, and then registered by the court, the accused is discharged and free to go. He or she enjoys the presumption of innocence that all accused people enjoy until they are convicted of a crime beyond all reasonable doubt. (Carole Coulter, Irish Times, April 2006)

 

Nolle prosequi... is a legal term of art and a Latin legal phrase meaning “be unwilling to pursue”, a phrase amounting to “do not prosecute”. It is a phrase used in many common law criminal prosecution contexts to describe a prosecutor’s decision to voluntarily discontinue criminal charges either before trial or before a verdict is rendered. It contrasts with an involuntary dismissal. Legal effect [in the USA]: The entry of a nolle prosequi is not an acquittal, and the principle of double jeopardy therefore does not apply. The defendant may later be re-indicted on the same charge. Effect on future employment [in the USA] Federal agencies, especially the military, view nolle prosequi as an unfavorable judgement. This has the effect of requiring a waiver submission for service, or the outright denial of employment (WIKIPEDIA).

Nolle prosequi was the ‘finding’ in my case.

As indicated in the quotes above, nolle prosequi can be interpreted as anything from ‘presumed innocent’ to ‘still pretty suss’, and it seems any department, any arm of government, is at liberty to interpret it as they wish (and given the current environment, they’re more than likely to err on the side of the child/accuser). But here’s the kicker, as the yanks say. And it’s an extremely important and fundamental kicker for my argument. Once arrested (for sexual abuse or rape, say) nolle prosequi is essentially the best any accused can hope for!! This is the dirty little secret your lawyer is most unlikely to tell you about.

Let me explain. When you go and seek legal aid to defend yourself against a false charge [please, if only for hypothetical reasons, assume the accusation is false], it means you’ve already been arrested, and the DPP has already instituted proceedings against you. And once a prosecution is instituted, your lawyer will try to get it thrown out, i.e nolle prosequi. The other alternative is acquittal – but acquittal can only come after a full criminal trial. I quoted in my last post that an arraignment is the first stage of an 11-stage criminal trial in Australia. That should give an indication of just how humungous a criminal trial actually is – involving lawyers, witnesses and experts for both sides, the presentation of different types of evidence, examinations and cross-examinations, a jury presumably, and all in all a process that will tie up a courtroom for some time, with much expenditure of money and energy. So your lawyer is actually trying her best to make sure you don’t have your day in court. So nolle prosequi is the lawyer’s victory, but if organisations like DCSI interpret nolle prosequi as ‘still pretty suss’, that means you’re stuffed – for the rest of your life! If not longer.

Now, notice the statement from the DPP at the top of this post. It sounds impressive – they won’t go ahead with a case unless they have a reasonable prospect of succeeding (and this would surely mean having sufficient, or at least some, evidence). Now, let me tell you that during the whole 13 or 14 months that my case was ongoing, I was in a state of sleepless agony, and occasional rage, with the mantra ‘no evidence, no evidence’ echoing in my head, and on the day after I heard that my case was dismissed, I took to my computer and typed a terse paragraph to the DPP (yes I’m sometimes capable of terseness), accusing them of incompetence in my case, not only for seeming to pass the buck from lawyer to lawyer, but for going against their prosecution policy as stated on their website, which I quoted back to them (the policy was, I believe, worded a little differently in 2006 from the 2014 version quoted above, and I think then it actually mentioned evidence). Not surprisingly they didn’t respond, but I met my lawyer, purely by accident, a few months later and he told me my letter had caused quite a stir – which thrilled me as throughout the case I always felt like Mr Nobody or The Invisible Man. I asked him why, with no evidence at all, the case had lasted as long as it did. His response was that I was one of the lucky ones. Many people in his experience had gone through this process and been destroyed, based on no more evidence than they had against me. No more than someone’s story.

But I’ve had another insight since taking aim at the DPP all those years ago. Yes, I still think the DPP contravened their own policy by taking on my case, but I was forgetting, in my utmost naivety, the role of the police. Yes, the DPP say they won’t prosecute a case unless they have a reasonable chance of success, but when the police arrest a person and charge him with rape, the DPP obviously don’t know a thing about it. They only find out later, from the police. In other words, the DPP has cases ‘dumped’ on it by the police, and has to make the best of them. Their ‘reasonable prospect of conviction’ is based entirely on the word of the police that they have sufficient evidence. You can see here how a world of tension and acrimony might open up between the police and the DPP.

So it looks as if my anger against the DPP might’ve been misplaced. My anger should have been directed at the police. But of course if I’d written to the police about their lack of evidence, where would it have got me?

 

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Written by stewart henderson

November 13, 2017 at 2:53 pm

Posted in argument, work

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a bit more on cell cultures, cell mortality and patients’ rights

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Human connective tissue in culture, 500x. Image courtesy of Dr. Cecil Fox (photographer)/National Cancer Institute.

Canto: Well, we’ve followed up Meredith Wadman’s The vaccine race with Rebecca Skloot’s The immortal life of Henrietta Lacks, which intersects with Wadman’s book in describing cell cultures and their value in modern medicine and genetics. So are ready to talk about all this again?

Jacinta: Yes, this book tells a compelling history of the Lacks family as well as a story of the ethics around human cell cultures, based on the HeLa cell line taken from the cervix of Henrietta Lacks in 1951, shortly before she died of cervical cancer.

Canto: A very aggressive adenocarcinoma of the cervix, to be precise, though the tumour was misdiagnosed at the time.

Jacinta: Yes, her bodily state and her sufferings make for grim reading. And the cells were taken sans permission, in a pioneering era of almost no regulation and a great deal of dubious practice.

Canto: The wild west of cell and tissue culturology.

Jacinta: George Gey, the guy who ordered these cells to be taken, was a great pioneer in cancer and cell culture research, but he and others found it very difficult to keep human cells alive in vitro, so he was much surprised and delighted at his success with Henrietta’s tumour cells.

Canto: They were the first ever cells to live beyond the Hayflick limit, though that limit wasn’t spelt out by Hayflick until 1961.

Jacinta: And wasn’t accepted for decades after that. And the reason for their apparent immortality, a rare thing in untreated cells, was their cancerous nature. Human cancer cells contain an enzyme known as telomerase, which rebuilds the telomeres at the ends of chromosomes. Normally these telomeres, often described as like the protective caps at the ends of shoelaces, shorten and so become less protective with each cell division.

Canto: So if we could stop cancer cells from producing telomerase, you’d stop all that metastasising…

Jacinta: Sounds easy-peasy. And if we could introduce telomerase into non-cancerous cells we could all live forever.

Canto: Bet they haven’t thought of that one. So if this cell line was cancerous, how could they be of so much value? How could they be of any use at all, since the aim, I thought, was to produce ‘clean’ cells, like the WI-38 cells Hayflick produced ten years later? Remember how they had so many problems with monkey cells, which were full of viruses?

Jacinta: Well, forget viruses for the moment, the exciting thing about the HeLa cells was that they stayed alive and multiplied, which was rare, and so they could be experimented on in a variety of ways.

Canto: But did they use the cells for vaccines? The 1954 Salk polio vaccine was tested using these cells. How can you do this with cancerous cells?

Jacinta: Well it was the suitability of these cells for mass-production that made them ideal for test-driving the Salk vaccine, and of course their prolific nature was tied to their cancerous nature – Henrietta’s cancer seemed to be horribly fast-spreading, it was just about everywhere inside her at her death. Her cancer was caused by the human papilloma virus (HPV) and I’ve read that this may have had something to do with their prolific nature. She also had syphillis, likely contracted from her philandering husband, and this suppresses the immune system, allowing the cancer cells to multiply more rapidly. But even though they were cancer cells they shared many of the properties of normal cells, including the production of proteins and susceptibility to bacterial and especially viral infections. Of course you would never inject HeLa cells into humans, but their malignancy is an advantage in that you get the results of say, viral infection of cells as they reproduce, much more quickly than with normal cells, because of their reproductive rate. It seems old George Gey hit the jackpot with them, though he never made any more money out of them than the Lackses did.

Canto: They initially used rhesus monkey cells to test their antibody levels in response to Salk’s killed polio virus, but they were too hard to get and too expensive, and the HeLa cells were an excellent alternative because they were easily infected by the virus… and they reproduced with unprecedented alacrity.

The malignancy of immortality (or vice versa). A HeLa cell splitting into two new cells. The green spots are chromosomes. Courtesy Paul D. Andrews)

Jacinta: Yes, that’s to say, they readily produced antibodies, and so could be experimented on to produce the level of antibodies to create immunity. But growing cell cultures in vitro and maintaining them in a viable state, that’s been a decades-long learning process. Tissue culture these days is big business, which has led to the murky ethical questions about tissue ownership that Skloot refers to at the end of her book.

Canto: Yes but I for one am quite clear about that issue. I’m more than happy for researchers to use any tissue that comes from, say, a biopsy done on me. Is that tissue mine, when it’s removed from my body?

Jacinta: Well, is it? Think of locks of hair kept from a loved one – something that happens a few times in Skloot’s book. Wouldn’t you be moved by a lock of hair that you knew came from someone you loved but who was no longer around? Wouldn’t you feel you had hold of a part of her? Not just a memory of her?

Canto: Interesting. I think I’d be in two minds about it. I’d think, yes, this is her hair, a small part of her, and that would bring all the emotion of identity with it. But then, what I know about science and cells tells me this is just hair, it’s not what makes her her. It’s nowhere near it. Our hair is discarded all the time.

Jacinta: If you had some of her brain cells? Or heart tissue haha?

Canto: Nothing but ultra-ultra minuscule parts of the whole. And essentially meaningless when disconnected from that whole. But this misses the point that the value of this tissue for research outweighs by far, to me at any rate, the sentimental value that you’re talking about.

Jacinta: But for some people, and some cultures, the intactness of the human entity, after death say, is of deep-rooted significance. Are you not prepared to respect that?

Canto: But we slough off our trillions of cells all the time. Even as a kid I was told we replace our cells every seven years. Of course it’s much more varied and complicated than that, but the general point of constant renewal is true.

Jacinta: Yes but they’re your cells, with your DNA in them, nobody else’s.

Canto: Well people are prepared to be operated on, which inevitably kills or removes cells, and in doing so they give themselves up to experts in healing their bodies and often saving their lives, so it would seem to me pretty mean-spirited not to allow those experts to make use of what’s removed, which is of no obvious use to them.

Jacinta: I think you have a good argument there, but what if these mad scientists use your cells for some nefarious purpose?

Canto: Well, call me a trusting soul, but why would they do that? And what nefarious purpose could they use them for?

Jacinta: Well it mightn’t even be nefarious. With the modern commercialisation of cell and gene technology, they might find your tissue perfect for developing something patentable, out of which they make shitloads of money while preventing independent research on the tissue, so using your cells in a way that you might strongly disapprove of. But you wouldn’t have the slightest say, as things stand today. Rebecca Skloot describes examples of this kind in the Afterword to her book. There’s been a raging debate about commercialisation and gene patents and patients’ rights for some time now in the USA, and no doubt elsewhere, with scientists and other stakeholders ranged along the spectrum. In fact, these are the last words of Skloot’s book, published in 2010:

2009: More than 150,000 scientists join the American Civil Liberties Union and breast cancer patients in suing Myriad Genetics over its breast-cancer gene patents. The suit claims that the practice of gene patenting violates patent law and has inhibited scientific research.

Canto: Right. As her investigations reveal, it’s not just about patients wanting a share of the loot from research on their cells, and so using the courts to bog everything down and hinder that research, it’s often about researchers themselves wanting to cash in, and patients joining with other researchers to try to free up the system for the common good. So how’s the Myriad Genetics case going, and how’s the situation regarding patient rights in this field, several years on?References

Jacinta: Well in the case of Myriad, it was all highly complex and litigious, with suits and countersuits, which the company mostly lost, in particular in a landmark (and unanimous) Supreme Court decision of 2013, in which they found that ‘merely isolating genes that are found in nature [in this case the BRCA-1 and BRCA-2 genes] does not make them patentable’. But of course this wasn’t so much about patients’ rights in the material that was once part of their bodies. It’s not all about money – though much of it is, and if you don’t want the money landing in lawyers’ pockets, the best thing is to have clear guidelines, disclosure, and fully developed and complex consent procedures. My impression from doing a fairly shallow dive on the issues is that we’re a long way from sorting this out, in an increasingly complex and lucrative field. Our own federal government’s NHMRC has a booklet out, available on PDF, called ‘Ethics and the exchange and commercialisation of products derived from human tissue: background and issues’, which is already six years old, but I don’t see anything in the legislative pipeline.

Canto: Looks like an issue to be followed up, if we have the stomach for it.

Jacinta: It pays to be informed, that’s one obvious take-away from all this.

References
Rebecca Skloot, The immortal life of Henrietta Lacks, 2010
Meredith Wadman, The vaccine race, 2017

Written by stewart henderson

July 3, 2017 at 12:22 pm

a smart ploy, with serious overtones for gender equality

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This is serious, mum: striking a blow for common-sense and against gender-regulated dress-codes. CREDIT: DEVON LIVE / SWNS.COM

I heard an amusing story on the morning news about young male students in England protesting the absurd imposition of a strict long trousers dress code in all weathers at some local high school, where the girls, of course, are allowed – or rather, required – to wear skirts. It reminded me of my days in high school in the early seventies when we were gathered together, boys on one side, girls on the other, to hear our deputy head launch a tirade against ‘long, scruffy hair’. Of course, he was talking only about boys, who henceforth were banned from having hair below the collar. Of course I couldn’t help but notice that all the girls’ hair, of indeterminate scruffiness, hung below that level. I also noted with interest that the deputy head was completely bald.

More than forty years on I still fume at that arbitrary diktat, such is my rabid anti-authoritarianism, but of course I didn’t then have the courage, or the power, to make a protest. Forty-odd years on and these English schoolboys have staged a protest that’s magnificently rebellious, non-violent, eye-catching, intelligent and humorous, by coming to school in the standard uniform – for girls. Interestingly, the media were on hand to capture the spectacle and to interview the lads, who were articulate and positive about the comfort and style of their skirts. The media presence suggests to me the collusion of parents, and a deal of planning leading up to the big day….

So Dr Google reveals that the boys were from Isca Academy in Exeter, Devon, and accompanying photos reveal the boys’ obvious delight in their ploy. I sincerely hope it was entirely their idea. The protest has had immediate effect, with a new policy on shorts to be adopted ‘subject to consultation’. The problem with this is that there’s a heatwave on now in England, so the boys likely won’t be allowed their shorts until the hot weather is over. I’m hoping they’ll continue with their skirts while the heatwave lasts. That would be the most logical and practical solution. However, the gender-segregating stupidity of our general society, never mind the petty regulations of what looks to be a conservative, elitist Devon school, will probably not permit that. The school itself is using climate change as an excuse for a permanent withdrawal of its long-trousers rule, rather than admitting that the rule is idiotic at any time – though perhaps no more idiotic than most dress rules that segregate the genders.

It seems like a minor issue, but I don’t think so. It goes to the heart of gender equality. Dress codes that clearly separate the genders – and I’m leaving aside the LBGTQ etc minefield – are never a good idea. And this of course includes hairstyle codes. For a start there’s the impracticality. Both codes would have to be equally flexible to suit weather conditions as well as working conditions, and to suit personal choice. It would be manifestly unfair, for example, to restrict the length of boys’ hair when girls’ hair length is unrestricted. And it would be manifestly unfair to impose trousers on boys and skirts on girls when weather conditions will differentially affect the genders because of their uniforms, not to mention differentially affecting their freedom to engage in a range of other activities, for example in the rough and tumble of the playground. To manage this flexibility with two separate, and highly differentiated dress codes, would be virtually impossible. Not to mention that this stark separation doesn’t represent the reality of gender. Neurological studies reveal that there’s no categorical difference between the male and the female brain, only statistical differences, and the variation within female brains and within male brains is far greater than the difference between the genders. This should be seen in our choice of clothing too, but I think we’re still constrained too much by myths of masculinity and femininity, even in our casual dress. We need to keep working on it.

There’s another, more important issue, though, about highly differentiated male/female dress codes. When you have stark differences like these there are always associated values. Differences in type are generally seen as differences in quality. For example, a dress, of whatever design, is rarely viewed in the same businesslike way as long trousers or a suit. Suits radiate a kind of standardised, more or less faceless power, and women rarely wear them and are certainly not encouraged to do so. Of course it’s hard to say what came first – the suit, which then invests the male with power, or the male, who invests the suit with power – but it seems to me the power differential is real, and a more diverse dress code, best encouraged from early childhood, would help to break that down.

And this brings me, finally, to a hot-button issue: the burqa, and also the niqab and other variants. Many of the discussions around banning the burqa have to do with issues such as identification, but this misses the clear-cut point that the burqa, in particular, is a cultural symbol of female inferiority, and nothing else. That’s all it is. That’s what it’s for. And cultures that treat women in this way, with or without their own collusion, are in violation of basic human rights. Cultures that impose the burqa will try to present arguments for its use that are as reasonable as they can possibly make them to a global audience, but they can’t argue with the evidence that the women in those cultures have far less freedom, opportunities and power than the men.

This is the point, for me. Some cultures are better than others, and the best cultures are those more in harmony with the Universal Declaration of Human Rights, and the human values that underpin that declaration. The best cultures are also those most in keeping with what science and history tell us about human nature – and they tell us a lot. If we didn’t have cartloads of information about what kinds of culture or society allow us to thrive, we wouldn’t be able to develop analyses such as the OECD better life index, which currently measures 38 countries through 11 parameters including jobs, safety, community, education, environment and life satisfaction. Australia currently ranks second behind Norway, after being number one for three consecutive years (the OECD is headquartered in Paris).

In December last year, in an article titled “Why Australia needs a debate on the burqa ban”, Andrew Macleod, a business leader, speaker and commentator, wrote ‘I believe every culture can set the customs and norms that they wish.’ This is, of course, fair enough, it’s like saying ‘I believe everyone has a right to their own opinion’, but that doesn’t mean every opinion has to be respected, or is worthy of respect. Particular customs and norms can and should be challenged. Macleod, in his article, takes the ‘when in Rome’ view. You should adapt your behaviour and practice to the norms of the country you’re visiting or living in. I would follow that advice too, but not out of respect – merely out of survival. I wouldn’t want to land up in a foreign jail or be beaten half to death by an angry mob. More importantly – and it’s easy for me because I’m poor and can rarely afford to travel anyway! – I would research any country before visiting it, to ensure that it has customs and laws worthy of respect. I’ve often been urged by friendly students to go and visit their native countries, but, not being a businessman or a seasoned traveller, I haven’t the slightest interest in visiting a country that doesn’t uphold basic human rights, even for a day.

Of course I can’t, and wouldn’t want to, stop people from other countries visiting Australia, and I don’t think an outright ban on the burqa would be a good idea, though I think sensible laws relating to such apparel in certain situations should be enacted. I’d want to ensure also that there is vetting – not to ensure conformity with ‘Australian values’, but in conformity with global human values and rights. You can’t, and shouldn’t try to, coerce people into espousing such values. We need to show by example the value of such values. The OECD only measures 38 countries, and they’re mostly western countries with market economies and established democratic institutions – advanced countries as they’re called. We’re internationally recognised as one of the best of them, and should be able to advertise ourselves as a country whose values are worth adopting, without resort to the breast-beating nationalism that too many Americans, and Australians, indulge in (and such values have nothing discernible to do with speaking near-perfect English).

Do I look too modest in this? Clothing to make the heart sink

Written by stewart henderson

June 25, 2017 at 2:42 pm

Is Donald Trump a great businessman?

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another failed venture and a probable scam

Today I listened to a ‘news report’ delivered in front of our small class by a teenage student from China, a sweet young lad, near 7 feet tall and skinny as a bean, with limited English, whom I’ve been coaching in grammar. Students are asked to choose from a list of articles, simplified, in our class’s case, to pre-intermediate or elementary English level, and report on the article in their own words. My student had chosen the topic ‘Why Hilary Clinton lost the election’, a simplified version of an article by Dan Roberts, originally published in The Guardian on 9 November 2016, the day after Trump’s victory. Before he delivered his report, he had to check it through with me, a routine procedure, but to my annoyance he didn’t have any plan or notes to show me, and assured me that ‘it was all in his head’. He also asked me if it was alright if he focused more on Trump than on Hilary. I told him it was best not to divagate too much from the article, but he was free to voice his own opinion of the candidates.

It wasn’t a great talk. My student was, of course, very nervous, and he glossed over Roberts’ view that Clinton lost the election due to the economy, lack of trust and the weakness of her message. His main point was that Trump won because he was a successful businessman, and running a nation is all about money and success. This was really the totality of his talk, delivered in a halting, repetitive way.

Naturally I was irritated at this, but I let it slide. This was a test of English and not so much a test of critical thinking and analysis, though that had to be a factor. So, the fact that my student didn’t provide any evidence of Trump’s great business acumen certainly was a problem for his talk, which was clearly tendentious. However, considering that this was a low-level class I was prepared to give him a bare pass, and to quash my feelings over this oft-repeated claim that Trump has great business smarts.

From other sources I’ve heard very different claims. Sam Harris, in his Waking Up podcast, regularly asserts his view that virtually nobody is more unfit for the office he currently holds than Trump – the ‘boy-king’, as he calls him. In a recent interview with David Frum, Trump’s business skills were ridiculed. First, Frum took aim at Trump’s foreign policy approach, which was to see other parts of the world, such as the EU, as essentially business competitors, or people you should try to ‘cut deals with’, obviously to the advantage of the US. The fact that he was often dealing with allies who shared the values of the US seemed irrelevant. Then Frum mocked Trump’s reputation as a business operator, pointing out that in Toronto, where Frum, a Canadian-American, is involved in business, namely real estate, which of course is Trump’s business field, Trump’s reputation is somewhere between mud (to people he owes money to) and a laughing-stock (to interested spectators). He went on to say that ‘No-one in the business world has any respect for him as a businessman’.

Business and economics are not exactly my strong suits, but it seems to me that Frum, a lifelong Republican with inside knowledge of the real estate business, is a reliable witness here. However, I don’t want to take on face value his claim that nobody in the business world respects him. I need more evidence.

Before I go on though, I should make the point that Trump has, of course, already shown himself to be unfit for office regardless of his business activities. His bullying tactics as a candidate, the profound narcissism in so many of his utterances, his inflammatory and stupid remarks about those who live south of the US border, his ‘moslem ban’, his treatment of the free press, his admiration for the Russian mafioso dictator above all other world leaders, his scientific illiteracy, his pathetic and disgusting attacks on women’s appearance, his attacks on the judiciary, his contempt for his own intelligence agencies, and so much more, prove him to be a disaster for democracy and proper governance, and the shame for his election lies squarely with those who voted for him, knowing, as any intelligent person would know, the kind of person they were backing.

So to the business. A brief dummies’ guide to Trump’s ventures is given here, and it shows that his failures outnumber his successes, which presumably doesn’t prove him a failure, just as one or two movie successes can recoup twenty movie losses. As to his actual value, it’s pretty well the length of a piece of string, and it’s unclear if he’s made any money at all from the wealth he inherited. And it’s also very unclear how much money he actually inherited. Trump himself said during the campaign that he started off with $1 million and built a company worth more than $10 billion, a remark he prefaced with ‘believe me’.

Funnily enough, nobody does.

Trump received a share of his father’s estate at his death in 1999, and though there’s no clear figure, it was a lot more than $1 million. More importantly, his father set him up financially long before that. Donald Trump became President of Trump senior’s real estate business in 1974, at which time it was valued at $200 million, according to one estimate. But who knows? Here’s an interesting commentary from a Quora finance expert, Will Wister:

The growth of his wealth since 1982 has been in line with that of the S&P 500, according to his own statements. Donald Trump’s self-described net worth was $200 million in 1982. If he invested that money in the S&P 500, he’d be worth about $8.3 billion today. Today he claims his net worth is $8.7 billion. So based on his own claims, he has barely outperformed the S&P since 1982.

Some articles claim that Donald Trump’s inheritance was somewhere between 40 and 200 million in 1974. Since 1974, the S&P 500 is up about 74-fold. So his current claimed net worth of 8.7 billion would equate to about 120 million in 1974, which is right in the middle of estimates of what he inherited. In other words, if the articles are accurate, his performance was very close to that of the market from 1974 to present.

What this tells me, above everything else, is how the world is geared to the massive advantage of the super-rich (if you inherited millions in the seventies, you’d have to be disastrously stupid or dysfunctional to be a failure today), but it’s totally speculative about the boy-king’s wealth.

You would think that the public have a right to know more about this subject, considering that Trump parades his success as a businessman, and has used the claim as evidence of his ability to be the bestest of Presidents. Yet Trump has managed to evade the call to present his tax returns to the public, rejecting a 40-year tradition, and why would a successful businessman do that?

This matter of his tax returns and the state of his wealth takes on added importance in consideration of Trump and his family’s seemingly murky relations with Russia’s kleptocracy. Considering the bumbling way that Trump is dealing with the US presidency, it’s virtually impossible to imagine him as anything other than a bumbling businessman. Loud, histrionic, bragging and bullying certainly, but also bumbling and quite likely manipulable, given his infantile narcissism. This makes it more urgent than ever to uncover whether or not he’s indebted to Putin and his billionaire henchmen, who, I have no doubt, are far smarter and more cynical than he is. There’s an Emoluments Clause in the US constitution which states that:

no Person holding any Office…shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

The legal question then becomes – do any Russian bail-outs for Trump’s incompetent business dealings constitute such emoluments? This would result in endless legal argy-bargy. Presumably Trump could squirm out of it if it was shown that, if there were any bail-outs, they occurred before he became President. But anyway it’s unlikely that he would willingly provide any information whatsoever about his financial dealings – which, given his well-known association with Russian political and financial figures, and given the well-established fact that Russia sought to undermine the democratic process in the recent election, and given the fact of Trump’s fawning admiration for the Russian dictator, whom he clearly admires above all other political leaders, should surely be sufficient reason, not for impeachment, but for removal from office. The Emoluments Clause, which in any cause wasn’t originally intended to be interpreted broadly, shouldn’t be given as the reason, it should be based on more serious matters. I’m not one to argue for treason, given my stance as an international humanist, but clearly Trump has betrayed democracy, the open society and the rule of law with his evasions and allegiances.

So far it looks like Trump is the kind of businessman you’d expect him to be given his performance as President, and given the character he displays. His ties to Russia are legion, and appear to be financially substantial, given that his many bankruptcies have exhausted the patience of US moneylenders. His business bragaddocio may fool the odd naive Chinese teenager, but the American public should have known better.

Incidentally, it seems the best business decision Trump has ever made was to run for President. The huckster’s chuckling now. Talk about playing the American public for suckers.

http://www.internationalbusinessguide.org/trump-business-career/

http://thehill.com/blogs/pundits-blog/the-administration/338153-sleep-well-president-trump-there-are-no-emoluments

http://time.com/4433880/donald-trump-ties-to-russia/

https://www.quora.com/Did-Donald-Trump-inherit-a-lot-of-money-and-then-increase-his-net-worth-at-an-unremarkable-rate

http://www.politifact.com/florida/article/2016/mar/07/did-donald-trump-inherit-100-million/

https://www.businessinsider.com.au/trump-financial-disclosure-report-2017-6?r=US&IR=T

https://www.samharris.org/podcast/item/the-great-unraveling

Written by stewart henderson

June 18, 2017 at 11:10 am

any day now, any way now, they shall be released….

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The New York Times describes the current US Prez as a billionaire, but is he? How can such a bumbling oaf be so super-rich? In the same NYT article, by Alan Rappeport, the Prez was quoted as bragging, when still a candidate, that he understood his country’s tax laws ‘better than anyone who has ever run for President’ – clearly as truthful a remark as everything else he’s ever said. His subsequent remarks on the tax system he promised to fix have been typically vague when not entirely ridiculous. A one-page tax plan of sorts was released in late April, which promised massive tax cuts to businesses and individuals, but it was massively short on details on how such cuts would be targeted and absorbed without a massive blow-out of the deficit. Anyway, it’ll be massive cause the US Prez likes massive. The administration has promised a thoroughly detailed plan by the end of August, but fellow-travellers who’ve been involved in meetings – mostly Republicans – remain thoroughly sceptical.

Meanwhile the Prez hasn’t released his own tax returns in spite of promising to do so. In mid-April some 100,000 citizens demonstrated against this interesting behaviour while high-profile critics such as Sam Harris have wondered why the release hasn’t been forced upon him. Could it be that the Prez is above the law? This is of particular concern because investigative journalists and historians such as Anne Applebaum and Timothy Snyder, people with solid Russian connections, have cast doubt on the Prez’s fortune and raised questions about his indebtedness to Russian money-makers, and possibly Putin’s mafioso government. And of course tax cuts to the rich might just ease the economic burden on the Prez himself, supposing he has one.

Apparently there’s a 40 year tradition of Prezes releasing their tax returns. When I read this in Rappeport’s NYT article I was immediately disheartened, as it became clear that it was only a tradition, which is far from being a law. And the Prez, as we know, is no traditionalist, with respect to such fakeries as the rule of law, a free press, human rights and the like. But I hatched an idea this morning as I heard about the Prez’s tweets on the London knife attacks, taking the opportunity to shore up his base with dog whistles on crazy immigrants, and attempts to mock the London Mayor by deliberately misconstruing his remarks. My idea is for certain high profile critics to take to Twitter (which I never use myself) or other social media platforms, and to address him directly, on a daily basis, with remarks like ‘have you released your tax returns yet, Herr Prez?’, and to get everyone else to do the same – a sort of global crowd-sourcing project. After all, though the Prez isn’t a traditionalist, he is a populist, and imagine how he would respond to hundreds of thousands, growing to millions, of people tweeting the same request every day, flooding social media platforms around the world… You may say I’m a dreamer, but really, imagine….

 


 

Written by stewart henderson

June 5, 2017 at 9:26 am

a brief and fairly obvious point

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trump-angry-1024x682

Someone has pointed out that Frump is a bully and a thug. That person witnessed his bullying via the television, as did, presumably, millions of others. The bully, on being named, proceeded to ridicule the person making the point. The invalidity of such a response, a response which has a well-known designation, ad hominem, was shown some 2,500 years ago. It is equally invalid today of course. This invalidity applies equally to all those who say that actors, musicians etc should not be listened to on matters political, or indeed any other matter. A person’s claim must be based on its truth value, not on the person’s profession or supposed expertise.
So it’s of absolutely no relevance whatever whether Frump’s bullying and thuggery is highlighted by an under-rated actor, an over-rated actor, a journalist, an academic or a drunken person in a pub. The only relevant question is whether the claim is true. And it’s a very easy question to answer in this instance ,as the evidence is bigger than your average blue whale.

http://www.nytimes.com/2016/11/16/opinion/bullying-in-the-age-of-trump.html

http://www.vox.com/identities/2016/10/20/13319366/donald-trump-racism-bigotry-children-bullying-muslim-mexican-black-immigrant

http://theconversation.com/why-the-trump-effect-could-increase-bullying-67831

https://nobullying.com/trump-bully/

http://nymag.com/scienceofus/2015/09/bullying-researcher-explains-donald-trump.html

http://www.huffingtonpost.com/frank-islam/donald-trump-baby-bully-and_b_11615520.html

http://www.diversityinc.com/news/trumps-record-of-hate-to-date/

https://www.washingtonpost.com/politics/2016/live-updates/general-election/real-time-fact-checking-and-analysis-of-the-2nd-2016-presidential-debate/is-trumps-rhetoric-leading-to-an-increase-in-bullying/?utm_term=.d1fc21a763bf

http://www.medialaw.org/index.php?option=com_k2&view=item&id=3470

http://www.nationalreview.com/article/430628/donald-trump-business-record-bully

etc, etc

Written by stewart henderson

January 10, 2017 at 1:58 pm

what should a vegan’s pet eat, and other immortal questions

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catmelon

 

Jacinta: So here’s a question – if vegans have pets – say a cat or a dog – do they feed them only vegetables?

Canto: I don’t know, I suppose it would depend on the vegan…

Jacinta: Shouldn’t it depend on the pet? Cats and dogs are carnivores aren’t they? So it would be a form of cruelty to deprive them of meat. Might even be murder.

Canto: We don’t extend murder to the killing of other animals.

Jacinta: Many vegans do.

Canto: Good point. I once read an article by a vegan philosopher, who gets out of those problems by declaring that using animals as pets is unethical. A form of slavery, I suppose.

Jacinta: So, we free the pets? Along with the cows, the sheep, the donkeys, the camels, the water buffalos, the horses, the chooks and pigeons and all those other creatures we’ve used and abused so horridly?

Canto: Well, from memory – I’ll never be able to hunt out the article – he didn’t address the issue of those animals already under captivity of one sort or another. He was simply wanting to argue on general principles that using animals for our personal benefit was unethical.

Jacinta: Even if it benefits the animal?

Canto: Well I suppose the argument would be that even a well-treated slave is still a slave.

Jacinta: But if you free a dog, say, what would happen to it? You’re actually throwing it out of its home, it has nowhere else to go. And I believe that there’s historical evidence that dogs, and probably cats too, have adapted to live with humans. That it was their choice, in a sense. Like pigeons in the city getting fat on leftover bits of hamburger, with no obvious ill-effects. Do pigeons get diabetes?

Canto: Well there’s an obvious difference between scavenging pigeons and pets. Pets don’t choose to become pets. I think that’s the way the argument would run. Unfortunately there are a lot of current pets who would suffer from being set free, but that’s not the issue.

Jacinta: I think I see. We look after the pets we’ve got, then bury them and don’t have any more. And this wouldn’t mean the end of all dogs because there are plenty of strays – scavengers – to maintain the species. And no more enforced ‘pedigree’ breeding – I’d be all for that. But there’s a problem – in order to get rid of all the pets, you have to stop them breeding and that would mean desexing them – a gross interference of their right to reproduce. And if you allow them to reproduce, you must surely bear responsibility for their offspring as your home is theirs. You’re caught in a trap, you can’t walk out, because you love them babies too much.

Canto: You’re looking at it all from a practical perspective, which is all fine and good and relevant, but I think the issue for this philosopher was, I think – judging from him being a vegan – that all such usage of animals – pets as cuddly toys, dolphins as trained performers, horses and camels as pack animals, etc, not to mention farming them for slaughter – is unethical. What do you think of that as a general principle?

Jacinta: I don’t think it holds up, because species take advantage of other species all the time, and not just by preying on them. Sharks have their remoras, we have lice more or less specially adapted to us, roses have their aphids, in fact everywhere you look you have species making use of other species. And presumably being a vegan he marks a strict boundary between animal and vegetable and in reality that’s quite a fuzzy boundary, like with coral. And what about insects, what’s the vegan take on that?

Canto: Presumably negative – they have eyes and antennae and feelings of some sort.

Jacinta: Yes, well it’s a step too far I think. Yes we have a moral responsibility to avoid causing undue suffering….

Canto: Well what about this argument. Because we can survive – and indeed thrive – on only plants, we should do so. I mean, you’re talking about species that, say, are mostly carnivorous – that won’t survive if their food supply dries up. Sharks, for example, they can’t just become vegan, they’ve adapted to a very specific diet. We on the other hand are omnivores, we can dispense with certain varieties of food, including meat, and still live healthy lives, perhaps.

Jacinta: Hmmm, that’s definitely a more difficult question. I do believe that being omnivores, or being very adaptable in our diet has stood us in very good stead in the past, like in the last major  ice age when we almost died out apparently. So I’m wondering whether confining our diet might not expose us to greater risks…

Canto: It may not even mean confining our diet – we could synthesise many of the proteins and other nutrients we nowadays get from meat. We’ve already done that, probably.

Jacinta: Well I’ve heard they’re still a long way from synthesising anything that really has the nutrients as well as the texture, flavour, odour and je ne sais quoi of meat. At under about $200, 000.

Canto: And if they achieved that feat, and got it down to competitive prices, would you go vego?

Jacinta: Well of course – I’d have no reason not to. I just don’t think it’ll happen in my lifetime.

Canto: But let’s say for argument’s sake that it does – would you feed this synthetic stuff to your pet cat?

Jacinta: Ah so we come full circle. Yes I would, since it would be more or less chemically identical to meat.

Canto: But animals that have adapted to become carnivores have also adapted to become hunters. They go together. Haven’t you turned your cat from its proper course in life?

Jacinta: No, she became removed from her ‘proper course’, if there is such a thing, by becoming my pet, whether by her choice or mine, or the choice of her ancestors. Likely she will keep up her hunting skills, catching flies and insects and mice and small birds, if she can. And she will benefit from being my friend, as I will benefit from being hers. Like all good friends, we’ll use each other for own purposes, which we hope will be, and will try to make, mutually beneficial.

Canto: Okay, no further questions your excellency.

 

Written by stewart henderson

March 31, 2016 at 11:37 am