Thursday, October 20, 2005

It's a beautiful day in the neighborhood!

Today, I am hangin' in the East Village.
Damn Fine Coffee from Mud, used DVDs from Kim's, and the afternoon is young. A great comfortable walkin' day. Published from Mr. Fresh Bread, a deli on the corner of 2nd Avenue and East 7th. More later.

Later: The Mudtruck as I learned, is the actual truck that spawned the shop. It exists at Astor Place daily, though during Christmas time, it was parked by Union Square, at least the weekend that I was there.

Wednesday, October 19, 2005

GB10: California Earthquake

The 1989 Major League Baseball World Series, dubbed the Battle of the Bay: Oakland Athletics v. San Francisco Giants, was postponed due to the Loma Prieta earthquake. Here is a view of the post-quake Bay Bridge, the 880 Cypress Viaduct, and the Moss Landing area. For other USGS images of the October 17, 1989 California Earthquake,
check this out.


California Earthquake (Whole Lotta Shakin' Goin' On) Lyrics and Music: Rodney Crowell

There was a California earthquake, in the year of '83
It shook the living daylights out of the Owens County Seat
Not a building still left standing when the dust had cleared away
Just a rumble in the distance all the way to San Andrea

Oh Sherman Buck was driving his old mule into town
When a big one came and shook so hard, that it knocked him to the ground
Lord there opened up a hole so big, he thought his time was up
And it swallowed up that poor old mule and it just missed Sherman Buck

Chorus
California earthquake you just don't know what you've done
We may fall off in the ocean, but you'll never make us run
You're a partner to the devil, but we ain't afraid of him
We'll build ourselves another town so you can tear it down again

Then came the quake of '99 that levelled Mission Creek
The earth was like an ocean churning, with waves of twenty feet
Lord it sounded like a thousand trains were screaming underground
Clean across to San Joachim, they heard that mournful sound

[chorus]

Then came one day the holocaust on San Franciso Bay
[Ninety] miles of walls came down like old Jericho that day
Might near everything the earthquake missed, a holy fire consumed
And left 'em smoke and the ashes of the dreams that can't be ruined (note 1)

[chorus]

We'll build ourselves another town so you can tear it down again


Notes
(1) There are a number of small variations between the lyrics Garcia sings and those of the original Rodney Crowell version. This line is the most different. Rodney Crowell's version is: "Just left 'em Holy Smoke and Ashes, what's a dream that can't be ruined"

Lyrics courtesy of Grateful Dead Lyrics and Song Finder.

----------
Well, I went on this run of shows hoping just like in NJ, that I would catch the latest greatest breakouts from the "secret" Warlocks shows down in Hampton. And also wondering when and how the Grateful Dead might acknowledge the tragedy back home.

The biggest breakouts in order of significance were:
Dark Star
Help on the Way > Slipknot > Franklin's Tower
Death Don't Have No Mercy
Attics of My Life
And We Bid You Good Night

While the forgettable NJ show was a bust, Philly delivered a bit of the music (bolded below).

10-20-89 The Spectrum, Philadelphia, Pa. (Fri)
1: Touch> Greatest, Candyman, Picasso Moon, Little Light, Tennessee Jed, Memphis Blues, Stagger Lee, Promised, California Earthquake
2: Hey Pocky Way, Scarlet> Fire> Truckin> Other One Jam> Drumz> Take You Home> Other One> Wharf Rat> Sugar Magnolia E: Brokedown
first "California Earthquake" - final/last "Other One Jam": 08-13-75 [959]

10-19-89 The Spectrum, Philadelphia, Pa. (Thu)
1: Bucket, West L. A., Victim, Built To Last, Blow Away, Masterpiece, Cumberland, Cassidy> Don't Ease
2: Help> Slipknot> Franklin's, Estimated> Eyes> Drumz> Wheel> Mr. Fantasy> Hey Jude Finale> Death Don't> Lovelight E: Baby Blue

10-18-89 The Spectrum, Philadelphia, Pa. (Wed)
1: Shakedown, Rooster, Peggy-O, Queen Jane, Bird Song> Music
2: China Cat> I Know You Rider, Ship Of Fools> Woman Smarter> Terrapin> Drumz> Gimme Some Lovin> Watchtower> Black Peter> Around> Good Lovin E: U. S. Blues

Good shows and good times with Jay S., formerly of the Swilltones and Frankentractor, Cheryl A. formerly of Montgomery County, Maryland, and Christine S., student at Towson State.

GB9: A mostly forgettable show

Well, this one was pretty much a washout. I drove all the way up, saw this, and then drove all the way home. What a schlepp for nothing on a Sunday night. Feh!

10-15-89 Meadowlands Arena, East Rutherford, N.J. (Sun)
1: LTGTR> Iko Iko, Walking Blues, Far From Me, Row Jimmy, Victim> SOTM
2: Samson, Little Light> Crazy Fingers> Estimated> Eyes> Drumz> Stella Blue> Throwing Stones> NFA E: NFA, Box Of Rain

Iko, Box were the highlights. Eyes was probably, the fastest I had heard it performed....like a cocktail lounge version as I recall.

I remember that security at this show was very strict, maybe a little rough and heavy-handed and the scene was really on edge, not quite itself that night. At the time, I did not know that Adam Katz had been murdered the night before. Today, he is remembered in the liner notes from the Nightfall of Diamonds live CD.

Then to Now: Be Here Now

Slacker . . . that's what they call you when in your 20s, you don't reach for the brass ring. Sorry for slacking and taking two days off. I am enjoying my vacation, now in its 3rd day. The most enjoyable experience was the first after I awoke on Sunday. I went for Ice Cream. Yes, the capitals are well deserved from the White Plains location at City Center. What a nice time I had, primarily due to the company, Michelle K., who took time out of her class preparation for the mid-afternoon snack.

Followed closely by Tuesday's rays in Bryant Park while the sun passed overhead. One should never underestimate the value and importance of doing nothing. I followed it across the park until about a quarter past four, give or take a few minutes. Then it was train down to the Seaport. Got off at Lafayette and Houston and ambled down to Fulton. Nice walk at a nice time of day. Towards Front Street, I came across the downtown Heartland Brewery. Had me a Smiling Pumpkin Ale and Buffalo Chicken Spring Roll appetizer. Think I'll try the Bavarian Black Lager which is in season. Sorry, no links to the menu, you'll just have to get in to one of the five locations around Manhattan to see what I'm talking about.

From the Seaport, I made my way back to Midtown where I met B.K. the night before his birthday. Happy Birthday Brian and god speed to you and your family in Florida.

While en route to the Flatiron District, we happened upon a shooting. 4 trucks on 4 corners and a bevy of production assistants were scattered on Park Avenue, as Super Ex was filming some restaurant scenes in Manhattan. Don't know if it qualifies but did you know that there is an incentive to film in NY?

Angelo's and Maxies, 19th and Park, provin' why it's one of New York City's best. Had the privilege of directing John Hart, former Texas Rangers GM , to the Park Avenue Country Club for tonight's game. Congrats to the Houston Astros for making it to the World Series in their 45th year as a franchise. Texas needs something to be happy about. Then on to Les Halles for a nightcap.

Wednesday was filled with errands. Trying a new bulb with my turtles. I had them with a 75 watt incandescent as a temporary replacement for the 20 watt supercoil UV B bulb. Now I have as a trial, a full spectrum daylight heat lamp - its only 25 watts, which might be a bit light on the light, but I will see.

And that's the day that was.

Sunday, October 16, 2005

Gorgeous Loft Apt - God I hope I get it

So, after my landlord let me know that my share is now going to have 2 additional roommates (we had 2 vacant rooms), I decided that I can not live this way in a share with multiple roommates (1 is fine). I have lived in the same White Plains neighborhood since August 2001 and like the Sheryl Crow song, "Some Change Will Do Me Good." I need to have a space of my own - for me, my books, artwork, plants, turtles, cookware and of course all those CDs and DATs. A space where I can spread out just a bit.

Lo and behold, while searching for a one bedroom, I came across this gorgeous loft apartment in Portchester and visited it today. Great lighting, great location (1 block away is Metro North and Route 1), and great G.D. history - just around the corner (and can see it from my window) - the Capitol Theatre.

View of the apartment when in full use.



Today, it is like tabula rasa - a clean slate- white walls, with a great blue floor. Yes, blue, like the ocean - gorgeous blue floor. And over triple the space that I currently have at get this - THE SAME RENT.

God, I hope I get it.

Friday, October 14, 2005

Cumberland Blues: Reaching the end of the project

Well, our litigation project finishes at the end of the business day today.
It has been nine full weeks. This song, off the legendary classic, "Workingman's Dead", has been on my playlist the last couple of days, in part because of recent downloads of its live version (9/12/87 and 9/23/87). Today, it's words ring true, especially after one final all-nighter to reach completion.

Cumberland Blues
Lyrics: Robert Hunter
Music: Jerry Garcia, Phil Lesh


I can't stay here much longer, Melinda
The sun is getting high
I can't help you with your troubles
If you won't help with mine

I gotta get down
I gotta get down
Gotta get down to the mine

You keep me up just one more night
I can't stop here no more

Little BEN clock says quarter to eight
You kept me up till four

I gotta get down
I gotta get down
Or I can't work there no more

Lotta poor man make a five dollar bill
Will keep him happy all the time
Some other fellow's making nothing at all
And you can hear him cry

Can I go, buddy, can I go down
Take your shift at the mine
Gotta get down to the Cumberland mine
That's where I mainly spend my time

Make good money, five dollars a day
If I made any more I might move away


Lotta poor man got the Cumberland Blues
He can't win for losing
Lotta poor man got to walk the line
Just to pay his union dues

I don't know now, I just don't know
If I'm going back again
I don't know now, I just don't know
If I'm going back again

----

What a classic tune. How appropo for a final day at work.

Dreamworks Latest Hit: Wallace and Gromit

Smilin' Like a Buddha

Photo courtesy of Yahoo.com

A Few More Allman Brothers Photos - 8/23/05

Thanks again to Gina for permission to post.


Oteil, Derek, and Al (from Moe)




Warren




Butch and Jaimoe





Warren





Al (from Moe) and Warren

Allman Brothers @ PNC Bank Arts Center -- August 23, 2005

Big thanks to Gina Hyams for contributing her photos to this blog. The setlist follows the photos and as always, memories of the show are welcomed.

Warren Haynes



Butch, Jaimoe, and Marc on Percussion



Derek and Warren



Oteil



Warren and Derek


August 23, 2005

1. Jessica
2. Statesboro Blues
3. One Way Out
4. Gambler's Roll
5. Maydell
6. Firing Line
7. Hot 'Lanta
8. The Same Thing
9. Who to Believe
10. Melissa
11. Stand Back
12. Hoochie Coochie Man
13. Mountain Jam
Encore
14. Preachin' Blues
15. Whipping Post

Wednesday, October 12, 2005

Photos from Austin City Limits Webcast - Allman Brothers

Special thanks to Vlad Rene for the assist on the upload.

These photos were shot with my Motorola camera phone of the Webcast as viewed upon a Dell Flatscreen monitor. A nice memory of the September 23rd Austin City Limits Festival show - the Jessica and Whippin Post were as good as it gets.

Derek Solo



Warren Hitting the Note



Warren Solo during Woman Across the River



Photo of Derek - Closeup during Jessica

Tuesday, October 11, 2005

Bill Frist - Conflicted

AP: Frist Accumulated Stock Outside Trusts
By LARRY MARGASAK and JONATHAN M. KATZ, Associated Press Writers
As reported on Yahoo News.


Outside the blind trusts he created to avoid a conflict of interest, Senate Majority Leader Bill Frist earned tens of thousands of dollars from stock in a family-founded hospital chain largely controlled by his brother, documents show.

The Tennessee Republican, whose sale this summer of HCA Inc. stock is under federal investigation, has long maintained he could own HCA shares and still vote on health care legislation without a conflict because he had placed the stock in blind trusts approved by the Senate.

However, ethics experts say a partnership arrangement shown in documents obtained by The Associated Press raises serious doubts about whether the senator truly avoided a conflict.

In that case, the HCA stock was accumulated by a family investment partnership started by the senator's late parents and later overseen by his brother, Thomas Frist. The brother served as president of the partnership's management company and as a top officer of HCA. Sen. Frist holds no position with the company.


The senator's share of the partnership was placed in a Tennessee blind trust between 1998 and 2002 that was separate from those governed by Senate ethics rules. Frist reported Bowling Avenue Partners, made up mostly of non-public HCA stock, earned him $265,495 in dividends and other income over the four years.

Edmond M. Ianni, a former Wilmington, Del., bank executive who established blind trusts for corporate executives, questioned why the senator's brother was able to manage assets "when the whole purpose of a blind trust is to ensure lack of not only conflict of interest — but appearance of conflict of interest?"

Kathleen Clark, a government ethics expert at the Washington University in St. Louis School of Law, said she doesn't believe the Senate trusts or the Tennessee trust insulated Frist from a conflict because the senator or his brother were advised of transactions and could influence decisions.

"What I find most appalling is the Senate calls it a qualified blind trust when it's not blind," Clark said. "Since the Senate says it's OK, the Senate has made it a political question. It's up to the voter. But there's no doubt it's a conflict of interest."

Frist's interest in Bowling Avenue Partners and the Tennessee blind trust were listed on the annual disclosure reports he filed with the Senate. Thomas Frist's ability to influence HCA stock decisions in the partnership was detailed in separate trust and partnership documents obtained by the AP.

Those documents show Thomas Frist was listed as the "general partner" and "registered agent" of Bowling Avenue Partners. He also was listed as president of the partnership's management company.

Thomas Frist founded HCA, the nation's largest for-profit hospital chain, with his and the senator's father. He currently is the company's chairman emeritus.

Frist advisers confirmed the senator's brother could influence investment decisions in the Bowling Avenue partnership and said the partnership was placed in a Tennessee trust because Senate ethics rules didn't allow the non-public HCA shares to be included in Senate-approved trusts.

"His interests in the family partnership were not held by his Senate blind trusts because Senate rules did not permit it. Senator Frist did not control the assets in this partnership and he annually disclosed his interests to the public as required," Frist spokesman Bob Stevenson said.

Thomas Frist did not return repeated phone calls to his office at HCA seeking comment.

Bowling Avenue Partners' HCA shares became marketable securities when the estate of Frist's mother was settled in probate. Frist then began transferring those shares in stages from the Tennessee blind trust to the Senate-approved trusts in 2001 and 2002.

The value of all the transferred shares, calculated on the dates they went into the Senate trusts, was between $775,000 and $1.57 million, according to letters the trustees sent to Frist and the Senate. That stock was on top of millions of dollars in various investments Frist already owned in the Senate blind trusts.

With his background as a heart surgeon as well as majority leader, Frist has been at the forefront of legislation that would affect the hospital chain. Among the issues: a Medicare prescription drug benefit and limits on medical malpractice lawsuits.

Frist kept HCA stock in Bowling Avenue Partners and the Tennessee blind trust — but outside the Senate-approved trusts — between 1998 and 2002.

His investments in Nashville-based HCA are being investigated by federal prosecutors and the Securities and Exchange Commission after an AP report that the senator had asked administrators of his Senate blind trusts to sell his HCA holdings.

Frist ordered the stock sold June 13 and all sales were completed by July 1. HCA stock peaked on June 22 and then gradually declined. On July 13, it dropped 9 percent.

Reports to the SEC showed insiders sold about 2.3 million shares of HCA stock worth at least $112 million from January through June 2005.

Frist has denied having insider company information when he ordered the stock sold in June. The profit the senator made from the sales is not known.

The Bowling Avenue name came from the street of the Frist family home in Nashville.

Monday, October 10, 2005

The Yankees . . .

Lose!!!!!
The Yankees Lose.

What do the Orioles and the Yankees have in common?
They both have to wait until next year. Sorry about that but I call them like I see them.

Good season - good sports.

Past to Present

So that's some past birthday events. What a difference a year makes. I don't even want to remember my 37th birthday. Maybe that's why I stretched the celebration for four days this year.

Today, my co-workers on the litigation project sang me happy birthday and surprised me with a cake at work from Cafe Zaiya (West 41st Street). How sweet, memorable, and pleasing. Thanks to everyone, especially Johara, Saira, and Anne for cutting and serving the cake. You guys are too much and I really appreciate the good wishes. Nothing like a cake and a card to commemorate the birthday.

The weather has gotten chilly in NYC and I needed to purchase a fashionable jacket that was not a windbreaker. Fortunately, the black leather jackets on sale at Daffy's were calling out to me and with the help of Gigi, kind Midwestern tourist from Springfield, Ohio, I modeled four jackets before finding the best fit and style for my needs. The price was right and the purchase was made and I was in to work.

Not into work, but in to work. There is a difference, as I am sure you are aware.

Well, my birthday is almost over.

A TALE OF TUNA TATAKIs
I ordered dinner tonight from Wild Ginger via SeamlessWeb.

Good Tom Yam soup, above average Tuna Tataki (prepared with White Tuna at my request), and Chicken Chow Fun. Food delivered in about 25 minutes during the 7 pm hour. No complaints. The Tuna Tataki from Wild Ginger was better than the same dish from Haru, but Chikurin in Queens was the best I had all weekend.

Drinking Ginger Pineapple Tea from the Republic of Tea and nursing some congestion - either from change of weather or my friend's cold. Time to hit the echinacea again.

Leaving work soon. Here's to a good year.

G.B. 8 - Three Night Birthday Run at the USAir Arena in Landover

Yes folks, its another installment of "On this day in Grateful Ben history."

For a long time, Mike Kelly, long-time surfer, ticket provider, and all-around great gentleman, was keen on the 10/10/82 show that the Grateful Dead performed at the Frost Amphitheater in Palo Alto, CA. (setlist below). After all, it was my birthday show and the setlist was looking pretty wild on paper.

Years of friendly gifts on the streets of Richmond, the coldest Heinekens in the parking lot, the miracle ticket at the Meadowlands, taping, photos, and good times, all came to the final point - let's call this: "Tanks for the Memories." Everyone's balloon was full for three days. Never to be repeated in today's day and age because we have all moved on to greater responsibilities in life, but when I look back on the three day run, I remember the generous birthday gift from Mike.

Okay, so the Grateful Dead in Fall 1994 were not the band that I had seen in 1989 - 1990 at the height of my touring. But they still offered up an enjoyable show for three nights. Here are the setlists, courtesy of Deadbase.

10-09-94 USAir Arena, Landover, Md. (Sun)
1: Bucket, Bertha, Spoonful, Stagger Lee, Broken Arrow, Me & My Uncle@> Big River@, So Many Roads, Promised Land
2: Here Comes Sunshine, Samson, Way To Go, Ship Of Fools, Saint of Circumstance> Drumz> Miracle> Comes A Time> Throwing Stones> Lovelight
E: Rain
@ denotes Acoustic

10-10-94 USAir Arena, Landover, Md. (Mon)
1: Iko Iko, Walking Blues, Althea, Desolation Row@, Loose Lucy, Eternity
2: Help> Slipknot> Franklin's, Estimated> Terrapin> Drumz> Watchtower> Stella Blue> Not Fade Away E: I Fought The Law

10-11-94 USAir Arena, Landover, Md. (Tue)
1: Picasso Moon, Jack A Roe, All Over Now, High Time@, Shoe Fits, Lazy River Road, Easy Answers, Deal
2: Eyes> Woman Smarter, Samba, He's Gone> Drumz> China Doll> Sugar Magnolia
E: Lucy In The Sky

These shows were far from solid musically, but they had their moments.
10/9/94 Set II and 10/10/94 Set II were pretty good for the time period.
I think that the first sets left something to be desired because of the placement of so many new songs. But overall, being able to see the Boys play, with friends and good fun in the context of a birthday celebration for three days, could not be topped.

And that was the last Fall Tour that I had with the Grateful Dead.

As mentioned above, here is the 10/10/82 show from the Frost:

10-10-82 Frost Amphitheatre, Stanford U., Palo Alto, Ca. (Sun)
1: Minglewood> Sugaree> Rooster, Tennessee Jed, Cassidy, Loser, Far From Me, L. L. Rain> China Cat> I Know You Rider
2: Playin> Crazy Fingers> Sailor> Saint> Touch> Drumz> Wheel> Throwing Stones> NFA> Black Peter> Sugar Magnolia E: Satisfaction> Baby Blue

Birthday Music: 10 - 10 - 2000: Phil and Friends @ The Beacon - Front Row

Well folks, it would be hard to top a birthday like this.

Phil and Friends at the Beacon Theatre
My seats: front row - dead center

Setlist courtesy of The PhilZone
Set 1:
Jam> Mr. Fantasy (WH)> Cryptical>
Jam> Soul Shine (WH, Miss Half-Step>
Jam> Eyes> Jam> The Eleven (RB-all)>
Golden Road (WH)

Set 2: Jam> Viola Lee> Jam> Viola Lee> Jam>
Alabama Getaway, GDTRFB> Bid U Jam>
Wheel> Dark Star V1> Jam> Mtns of the Moon> Revolution (WH)> Midnight Hour (WH)
E: Blue Sky (WH,RB,Phil)

The Band: Phil, John Molo, Warren Haynes (g), Jimmy Herring (g), Rob Barraco (k)

Helluva great show - great fun - I shot a roll of film and will scan and post the images from the show. After it was over, before the Donor Rap and Band Intros, Phil was like, "Phew, what just happened out there?" He was as amazed with the music as we were.

What a great time.

10-10 Ben - Happy Birthday!!!!

Yes, we are finally here.
I was born on this day 38 years ago.
Gotta make it in to work today, but this song always resonated with me.

Mississippi Half-Step Uptown Toodleloo
Lyrics: Robert Hunter
Music: Jerry Garcia



On the day that I was born Daddy sat down and cried
I had the mark just as plain as day, I could not be denied


They say that Cain caught Abel rolling loaded dice
Ace of spades behind his ear and him not thinking twice

Chorus
Half step, Mississippi uptown toodleloo
Hello baby I'm gone goodbye
Half a cup of rock and rye
Farewell to you old southern skies
I'm on my way, on my way

If all you got to live for is what you left behind
Get yourself a powder charge and seal that silver mine
Lost my boots in transit babe, pile of smoking leather
Nailed a retread to my feet and prayed for better weather

[chorus]

They say that when your ship comes in, first man takes the sails
Second takes the after deck, third the planks and rails
What's the point of calling shots, this cue ain't straight in line
Cue balls made of styrofoam and no-one's got the time

[chorus]

Across the Rio Grand-eo
Across the lazy river

Sunday, October 09, 2005

Music Playlist: Brave the Storm to Come for it Surely Looks Like Rain

Most recent music played was Grateful Dead: 6-9-77 Set I.
A fine Charlie Miller Soundboard from ETree.

Mississippi Half Step, Jack Straw, They Love Each Other, Cassidy, Sunrise, Deal, Looks Like Rain, Loser, Music Never Stopped

What a gem of a set that packed a wallop in terms of presentation and playing. Every version atttained peaks and as with and topically relevant for the day that was. Jerry's solos, Phil's fat bass lines, and even Donna's duet vocals with both Bob and Jerry were nothing short of spectacular.

Other recent plays of note:

Jerry Garcia Collection: Legion of Mary
John Coltrane: Giant Steps
Neil Young: Greendale (and Live Acoustic at Vicar Street DVD)
Gov't Mule: February 27 and 28, 1998
Fusion for Miles: A Guitar Tribute

Sunday Morning Traditions: Day 3 of Birthday Weekend

What can I say?
Late night bagel grab from H&H, located at 80th and Broadway, and picked up some spreads from Fairway Market.

Arrived at work early this morning - some good coffee, some good tea, even some punditry with a co-worker. There's something about Bagels and Coffee and the Sunday Times and the morning discourse that is just such a pleasurable routine. I wouldn't have it any other way.

Tomorrow will be Sunday, Born of Rainy Saturday

Mission In The Rain
Lyrics: Robert Hunter
Music: Jerry Garcia



I turn and walk away
Then I come round again
Looks as though tomorrow
I'll do pretty much the same

I must turn down your offer
But I'd like to ask a break
You know I'm ready to give anything
For anything I take


Chorus
Someone called my name you know I turned around to see
It was midnight in the mission and the bells were not for me
Come again
Walking along in the mission in the rain
Come again
Walking along in the mission in the rain

Ten years ago I walked this street, my dreams were riding tall
Tonight I would be thankful Lord, for any dreams at all
Some folks would be happy just to have one dream come true
But everything you gather is just more that you can lose

[chorus]

All the things I planned to do, I only did half way
Tomorrow will be Sunday, born of rainy Saturday
There's some satisfaction in the San Francisco rain
No matter what comes down, the mission always looks the same

[chorus]

Food Notes and Birthday Weekend

Okay, so admittedly the focus has been a bit politically skewed here on the blogspot. The satirist event (Thursday) and Krassner encounters (Coliseum Books) have re-charged my batteries - and consciously so - owing to the birthday weekend and timing of the Jewish holidays.

But anyone who knows me knows of my love for food and flavors, of cooking and dining out. Ahh, the gustatory pleasures and conviviality of dining with friends.

So on Friday, in my friend's neighborhood - Rego Park / Forest Hills - that would be the bargain sushi joint: Chikurin Japanese Restaurant @ 9709 64th Ave.

Of note was the Tuna Tataki appetizer - nicely prepared with pieces of tuna, not strips, and not drenched in sauce, but merely seared with sauce drizzled. The White Tuna was melt in your mouth and the PK Roll (an evening special) was especially flavorful. The meal was paired with a bottle of Sake, a shot of Vodka, and a BIG Yankee loss to kick off my celebration with a bang.

Not to be outdone, Saturday included a before noon repair of another friend's DSL connection. Not only does Ben know food, but he is handy with computers as well.

Taking advantage of the Upper West Side, I stopped at all time cookie favorite, Levain Bakery and after chatting with Emily, the jamband-loving counterperson, brought 8 cookies back to the office and distributed 6 among co-workers. Levain cookies pack a punch - weighing in at 6 ounces - and come in four flavors (Chocolate Chip Walnut, Double Chocolate Chip, Oatmeal Raisin, and Chocolate Peanut Butter). Yummy!!!!!! :-P

Lunch around the corner from my office was Roasted Butternut Squash soup and Salad from Pret A Manger. Combined with my Odwalla Berries GoMega, it was comfort food for a rain-soaked Saturday.

Saturday night brought more rain - torrential at times. I deftly flagged down a westbound cab as we departed the apartment on 75th and Amsterdam to travel a whopping two blocks and one avenue to our restaurant for the evening.

"And it's a hard, it's a hard, it's a hard, it's a hard, It's a hard rain's a-gonna fall." Now I have driven in and danced outdoors in heavy rainstorms but last night was crazy. So totally worth it to have cabbed the short distance - the rain drove on with greater intensity as we neared the restaurant. We later walked home in the misty, light drizzle, which became heavier rain later after midnight.

The meal was superb -- only eclipsed by the fine company I was in. We split three appetizers: Carpaccio, Beet Salad, and Gamberoni (whose fennel was well received at both the beginning and end of the meal); and one entree: Dentice, which was perfectly breaded and served with flavorful Escarole. A side of Broccoli Rabe rounded out the meal.

"One More Saturday Night"

I went down to the mountain, I was drinking some wine,
Looked up in the heavens lord I saw a mighty sign,
Writt’n fire across the heaven, plain as black and white;
Get prepared, there’s gonna be a party tonight.

Uhuh, hey! saturday night!
Yeh, uhuh one more saturday night,
Hey saturday night!

Everybody’s dancin’ down the local armory
With a basement full of dynamite and live artillery.
The temperature keeps risin’, everybody gittin’ high;
Come the rockin’ stroke of midnite, the whole place gonna fly.

Uhuh, hey! saturday night!
Yeh, uhuh one more saturday night,
Hey saturday night!

Turn on channel six, the president comes on the news,
Says, I get no satisfaction, that’s why I sing the blues.
His wife say don’t get crazy, lord, you know just what to do,
Crank up that old victrola, put on them rockin’ shoes.

Uhuh, hey! saturday night!
Yeh, uhuh one more saturday night,
Hey saturday night!

Then God way up in heaven, for whatever it was worth,
Thought he’d have a big old party, thought he’d call it planet earth.
Don’t worry about tomorrow, lord, you’ll know it when it comes,
When the rock and roll music meets the risin’ sun.

So ended Day 2 of the Birthday Weekend.

Saturday, October 08, 2005

Memo: NYC Attack Was Scheduled for Sunday

New York City police officers patrol at Grand Central Terminal in the early morning hours, Saturday, Oct. 8, 2005, in New York. Security in the mass transit system has been increased following announcement of an alleged plot to attack the city's subways. (AP Photo/Louis Lanzano)



----------

A Department of Homeland Security memo obtained by The Associated Press said the attack was reportedly scheduled to take place on or around Sunday, with terrorists using timed or remote-controlled explosives hidden in briefcases, suitcases or in or under strollers.

The memo said that the department had received information indicating the attack might be carried out by "a team of terrorist operatives, some of whom may travel or who may be in the New York City area."

Homeland security officials in Washington downplayed the threat and said it was of "doubtful credibility."

But Mayor Michael Bloomberg and Police Commissioner Ray Kelly vigorously defended their decision to discuss the threat publicly Thursday.

"If I'm going to make a mistake you can rest assured it is on the side of being cautious," Bloomberg said at a news conference Friday.

President Bush, asked Friday if he thought New York officials had overreacted, said: "I think they took the information we gave and made the judgments they thought were necessary."

In New York, thousands of extra police officers flooded the city's subway system, pulling commuters out of rush-hour crowds and rifling through their bags or briefcases.

Excerpted from Yahoo news item.

Sushi . . . Sake . . . So . . .

So . . . what? . . .

I dunno, . . . you tell me.

Friday, October 07, 2005

Anonymous Blogger Wins in Defamation Case

Details here.

"But Chief Justice Myron Steele likened anonymous Internet speech to anonymous political pamphleteering, a practice the U.S. Supreme Court characterized in 1995 as "an honorable tradition of advocacy and dissent."

Accordingly, Steele wrote, a court should not order the unmasking of an anonymous Internet poster unless a plaintiff offers strong proof of defamation.

"We are concerned that setting the standard too low will chill potential posters from exercising their First Amendment right to speak anonymously," Steele wrote. "The possibility of losing anonymity in a future lawsuit could intimidate anonymous posters into self-censoring their comments or simply not commenting at all."

Steele also noted that plaintiffs in such cases can use the Internet to respond to character attacks and "generally set the record straight," and that, as in Cahill's case, blogs and chatrooms tend to be vehicles for people to express opinions, not facts.

"Given the context, no reasonable person could have interpreted these statements as being anything other than opinion. ... The statements are, therefore, incapable of a defamatory meaning," he wrote."

Thursday, October 06, 2005

Beating Around the Bush: An Evening of American Satire

What an entertaining interlude on a Thursday night in New York City. Amidst heightened terrorist alerts and increased security on the subways, I ventured on-foot from my midtown workspace to the Concert Hall of the New York Society for Ethical Culture @ 2 West 64th Street (at Central Park West).

The writers and satirists on the program were:
Art Buchwald,
Barry Crimmins,
Paul Krassner,
Lewis Lapham,
Kurt Vonnegut, and
Sarah Jones as the Mistress of Ceremonies.

Sarah introduced the evening as the counterforce of human intelligence and wit that is American satire today. Her multi-character performance was entertaining as she moved effortlessly from a British accent to a Queens accent in mid-sentence. Her other characters: Lorraine Levine (old Jewish lady), Mareda (a Dominican junior high school student from Washington Heights - capital of the Dominican Republic), and Ameena Ali (Pakistani from D.C. where she was surrounded by white males telling her about the curry they ate in Georgetown).

Finally, the satirists came to the stage.

Paul Krassner, who coined the term, Yippie, mentioned California's medical marijuana law and Oregon's death with dignity law as a leaping off point for states rights vs. federal preemption. Federal law preempts California and Oregon in these areas, but in Louisiana, well that's the state and local authority's matter. His funny joke was about Donald Rumsfeld. "Those prisoners have more freedom than Americans. Why? Because they can go to Cuba and we can not."

With respect to the second Supreme Court nominee, Harriet Miers, GWB overplayed his hand. She is a farce for the High Court and he is just waiting for her to get knocked out so he can put his real choice in. Behind curtain number 2 . . .

"It was the best of times, it was the worst of times . . .
so what's new?" So began Kurt Vonnegut.

"Isn't it about time that somebody investigated Yale?, he mused. What the hell are they teaching there at that school?"

So he ponders, does George Bush really care?
His answer: you might as well be mad at a hot fudge sundae. Pause for effect. The real person to be mad at is Donald Rumsfeld. Kurt analogized where we are today compared with Viet Nam and the Merchants of Death making money on the war effort. C'mon Rummy, a little body armor, will ya.
Two Words: (1) Fire . . . (and the audience chanted Fire in low tones so as not to run afoul of OWH who cautioned on shouting fire in a crowded theater) (2) Rummy. Bottom Line and the Chant for Today: "FIRE RUMMY." Take the message to the streets.

Barry Crimmins, commentator for Air America Radio, alluded to the crime blotter of the administration with a new TV series: CSI - D.C.

Nixon was compared to a herpes flareup, you thought he was gone in 1960, but he's back again, which was analogous to Rummy losing a war four administrations ago - well, guess who's back.

"God is talking to me again - we are going to re-enact Noah and Brownie will build the arks." You have heard of the New Deal and the Great Society. Well, Bush's program is The New Low: they started a needless war (based on weapons of mass distraction), they destroyed the economy, and the Bush Administration even lost a city. Our country is being run by dim frat boys.

FUNNIEST LINE OF THE NIGHT: We have a patriotic duty to startle Dick Cheney. Sneak up behind him and yell "Dick!!!!!!"' Sorry, I had no idea . . .

2nd Funniest Line: Bush must be nipping again. He was in the Oval Office with Dick Cheney and proclaimed that the next person walking through the door would be his nominee for retiring Justice O'Connor.

Bush sucks in public, like a bad actor. You ever see him walk. Giant arms and "now I am saying the words of others." Everyone knows that Cheney is the ventriloquist - notice how he seems to be talking out of the side of his mouth with clenched teeth. But if he is the ventriloquist, then that would make GWB . . .

So Barry, if you don't like this country, why not get out and live somewhere else.
Answer: Because I don't want to be victimized by American foreign policy abroad.

Lewis Lapham came prepared to discuss the history of American satire. He took us back to the days of Mark Twain and led us through McCarthyism to present day.

Question from the audience: What do you have to do to get fired from the Bush Administration?
Answer: Tell the truth.

Ha-ha.

Art Buchwald: There are no bad guys in Washington. Only good guys doing bad things.

He also touched upon Global Warming, the Iraqi war and a funny bumper sticker that he saw: "Drive Carefully! V.P. Cheney is in the trunk of my car."

This was the closest I could find:



"I love Bill O'Reilly. Whatever he is against, I am for. That is how I determine what to write in my columns."

Kurt: GWB is a recovering alcoholic. I have to give him credit. Many alcoholics see snakes, bugs, nasty images. But not George. When he turned 42 years of age - that is when he found Jesus. GWB is so cheerful b/c he lives one day at a time. "Well, I got through one more day."

Advice for young writers
Paul: Avoid cliches like the plague. (ha ha)
Lewis: Write every day. It's like practicing piano.
Kurt: Avoid using the semi-colon because it's like a hermaphroditic transvestite. The only purpose it shows is that you attended college.
Barry: Don't wait for the critique of your writing, just go on the internet and start a blog. If people like it, they will visit and revisit, and leave comments. Otherwise, you'll just be another shithead with a blog.
Art: Stay out of our business! (with a laugh)

Here are the titles and links to their books by the publisher and sponsor of tonight's event, Seven Stories:

OneHandJerking by Paul Krassner


A Man Without a Country by Kurt Vonnegut


Never Shake Hands with a War Criminal by Barry Crimmins

Beating Around the Bush by Art Buchwald

Gag Rule by Lewis Lapham

And that is about all I remember at this late hour. See you tomorrow.

What Me Worry?

"Driven with a mission from God"



Mission from God was cool when Belushi and Aykroyd did it, not so with GWB.


LONDON (AFP) -
US President George W. Bush allegedly said God told him to invade Iraq and Afghanistan, a new BBC documentary will reveal, according to details.

Bush made the claim when he met Palestinian leader Mahmud Abbas and then foreign minister Nabil Shaath in June 2003, the ministers told the documentary series to be broadcast in Britain later this month.

The US leader also told them he had been ordered by God to create a Palestinian state, the ministers said.

Shaath, now the Palestinian information minister, said: "President Bush said to all of us: 'I'm driven with a mission from God.'

'God would tell me, 'George, go and fight those terrorists in Afghanistan'.'

"And I did, and then God would tell me, 'George, go and end the tyranny in Iraq...' And I did.

"'And now, again, I feel God's words coming to me, 'Go get the Palestinians their state and get the Israelis their security, and get peace in the Middle East.' And by God I'm gonna do it'," said Shaath.

Abbas, who was also at the meeting in the Egyptian resort of Sharm al-Sheikh, recalled how the president told him: "I have a moral and religious obligation.

"So I will get you a Palestinian state."

A BBC spokesman said the content of the programme had been put to the White House but it had refused to comment on a private conversation.

The three-part series, "Elusive Peace: Israel and the Arabs", charts the attempts to bring peace to the Middle East, from former US president Bill Clinton's peace talks in 1999-2000 to Israel's withdrawal from the Gaza strip.

The programme speaks to presidents and prime ministers, their generals and ministers, about what happened behind closed doors as the peace talks failed and the intifada grew.

The series is due to be screened in Britain on October 10, 17 and 24.

Key Contract Provisions

As is the case in any legal matter, please consult an attorney of your choosing before signing any agreement.

This article first appeared in Business Week Online courtesy of AllBusiness.com

Article on Contracts

O'Reilly, the Lying Liar

Is anyone bothered that fresh from the sexual harrassment scandal , Bill O'Reilly, has written a children's book?

Bill O'Reilly writing a survival guide for families is like Kate Moss writing a book on being a responsible mother.
--------
Who can forget this memorable moment in literary history?

On C-Span, Al Franken Chews Up Bill O'Reilly for Lunch And Spits Out Nails

Franken, O'Reilly Face Off

June 3, 2003
--------------------------------------------------------------------------------
(CBS) Book conventions aren't usually known for name-calling, shouting and raucous cheers — but that's because most don't feature conservative talk show host Bill O'Reilly and liberal funnyman Al Franken.

The one at the Los Angeles Convention Center on Saturday did, and it led to some verbal fireworks in which Franken accused O'Reilly of lying and the talk show host yelled at the comedian to "Shut up."

The two men were members of a panel called "MediaTalk" at Book Expo America, an annual gathering that promotes new books. Franken was pitching his new work, "LIES and the Lying Liars Who Tell Them: A Fair And Balanced Look at the Right," while O'Reilly was talking up his "Who's Looking Out For You?"

They were joined by conservative CNN host Tucker Carlson and liberal columnist Molly Ivins on the panel, which was hosted by former Democratic Congresswoman Patricia Schroeder, the president of the Association of American Publishers.

Franken's book explores the allegation that the media has a liberal bias, one he disputes. The cover displays a picture of O'Reilly, and Franken said he wanted to explain why the Fox News figure was shown.

Franken said O'Reilly claimed in a C-SPAN interview that the show he once anchored, Inside Edition, had won a Peabody award. It never did, but won a Polk award instead. O'Reilly was quoted on three other occasions making a similar claim, Franken alleged.

When Franken finished, O'Reilly said he had spoken past the 15-minute limit and called him an "idiot."

''This idiot has been going on for 35 minutes,'' O'Reilly said.

''Bill, this isn't your show,'' Franken replied.

When Franken tried to interrupt him, O'Reilly told him to "Shut up."

O'Reilly called Franken ''vicious'' and said he was ''blinded by ideology.''

According to USA Today, O'Reilly claimed before the panel his photo was used without permission and said later that Fox lawyers would "handle this." Franken claimed it is in the public domain.

Franken is the author of "Rush Limbaugh is a Big Fat Idiot" and other titles. O'Reilly has previously inked "The O'Reilly Factor", and "The No Spin Zone."


Tuesday, October 04, 2005

Wait 'til Next Year

A familiar refrain no doubt.
Recap of the O's

Monday, October 03, 2005

Bloggers discuss the newest nominee to the United States Supreme Court, Harriet Miers

From the Wall Street Journal

New Indictments for Tom DeLay

Grand Jury Indicts DeLay on New Charge
By APRIL CASTRO, Associated Press Writer

A Texas grand jury on Monday re-indicted Rep. Tom DeLay on charges of conspiring to launder money and money laundering after the former majority leader attacked last week's indictment on technical grounds.

The new indictment, handed up by a grand jury seated Monday, contains two counts: conspiring to launder money and money laundering. The latter charge carries a penalty of up to life in prison. Last week, DeLay was charged with conspiracy to violate campaign finance laws.

Defense lawyers asked a judge Monday to throw out the first indictment, arguing that the charge of conspiring to violate campaign finance laws was based on a statute that didn't take effect until 2003 — a year after the alleged acts.

The new indictment from District Attorney Ronnie Earle, coming just hours after the new grand jurors were sworn in, outraged DeLay.

"Ronnie Earle has stooped to a new low with his brand of prosecutorial abuse," DeLay said in a statement. "He is trying to pull the legal equivalent of a 'do-over' since he knows very well that the charges he brought against me last week are totally manufactured and illegitimate. This is an abomination of justice."

DeLay and two political associates are accused of conspiring to get around a state ban on corporate campaign contributions by funneling the money through the DeLay-founded Texans for a Republican Majority Political Action Committee to the Republican National Committee in Washington. The RNC then sent back like amounts to distribute to Texas candidates in 2002, the indictment alleges.

DeLay's associates, John Colyandro of Austin and Jim Ellis of Washington, were each previously indicted on charges of conspiracy to violate campaign finance laws and money laundering.

The judge who will preside in DeLay's case is out of the country on vacation and couldn't rule on the defense motion. Other state district judges declined to rule on the motion in his place.

____

Associated Press writer Suzanne Gamboa in Washington and Kelley Shannon in Austin contributed to this report.

Sunday, October 02, 2005

Rosh Hashana and Katrina

A provocative short movie.

Supreme Court Term 2005 - 2006

High Court Set to Tackle Contentious Cases
By Gina Holland, Associated Press Writer

The Supreme Court opens its term Monday with a young new leader, a veteran justice eager to retire and a calendar packed with contentious issues such as abortion, assisted suicide and capital punishment.

For the first time in 33 years, William H. Rehnquist will not be on the court. The 80-year-old chief justice died Sept. 3. Every day since, the flags in front of the court have flown at half-staff.

The Rehnquist court becomes the Roberts court following a brief tradition-rich ceremony for John Roberts, who learned about the inner workings of the place a quarter-century ago while clerking for Rehnquist.

Roberts, 50, will take a ceremonial oath as President Bush and the eight justices watch on, then Roberts will pose for pictures on the steps of the court building.

The job presents immediate challenges.

For one, there are unanswered questions about Justice Sandra Day O'Connor's departure. She announced July 1 that she would be stepping down; Roberts was to replace her.

Bush shifted Roberts into the chief justice opening following Rehnquist's death. The president has not named a successor to O'Connor and was spending part of this weekend at Camp David considering that choice.

O'Connor, 75, delayed her retirement following a personal appeal from the president.

Once her replacement is named, the confirmation could take as little as two months. Or it could last many more if the nomination is contested by Senate Democrats.

O'Connor, a moderate who often casts the critical fifth vote on the nine-member court, will hear cases and vote during closed-door sessions after oral arguments. Rulings take months to prepare, and if she leaves the court before they are done, the votes would not count.

"The court will be in an extremely unsettled and uncertain situation until Justice O'Connor's successor is confirmed and seated," Supreme Court historian David Garrow said. "No one — including the justices themselves — will know for sure whether the nine justices who hear a case will be the same nine who will decide it."

It will not take long for the court to delve into important social issues.

On Wednesday, the court hears a challenge to Oregon's one-of-a-kind law that allows doctors to help terminally ill patients die more quickly.

In November, justices will review a state abortion law. In December comes an appeal that involves gay rights, as part of a protest against the Pentagon's "don't ask, don't tell" policy.

"This will be a real watershed year," said University of Connecticut law professor Paul Schiff Berman.

There are five death penalty cases and two appeals challenging spending limits on political candidates and advocacy groups.

In a test of states rights, justices will consider if states and counties can be sued for not accommodating disabled prisoners, and a religion case will decide the constitutional rights of people who want to use hallucinogenic tea as part of their worship.

The court's workload "touches on all these hot-button issues. It will be a good weather vane for where the court is going," said Martin Flaherty, a professor at Fordham Law School.

Roberts is expected to vote similarly to Rehnquist, although it is unclear whether he will go as far as Rehnquist in supporting a reversal of Roe v. Wade, the 1973 ruling that established a woman's right to abortion.

The abortion case before the court this term involves New Hampshire's parental notification law. The case does not pose a threat to Roe, but it gives the court a chance to make it harder to contest restrictions on the procedure.

Whoever replaces O'Connor could make the court more conservative. The White House delayed a pick until after Roberts' confirmation. An announcement is possible anytime.

Among possible candidates are appeals court judges Priscilla Owen, Karen Williams and Alice Batchelder; Michigan Supreme Court Justice Maura Corrigan; White House counsel Harriet Miers; Attorney General Alberto Gonzales; former Justice Department lawyer Larry Thompson; and Washington lawyer Maureen Mahoney.

Several high-profile appeals are awaiting action by the court and could be argued this term, including the Bush administration's attempt to reinstate a law that bans a type of late-term abortion and a challenge to military trials for foreign terror suspects.

Rosh Hashana and High Holiday Resource

I have long regarded Aish.Com as a valuable resource and tool for everything Jewish. Here is a particularly topical column. I think that you will also find the left frame on the aish site to be a worthwhile resource.

Finally here is a direct link to their section on the High Holidays.

L'Shana Tovah - Happy and Healthy New Year

I am not a big fan of American Idol, but this came across my email box from the Railroad Earth board courtesy of Jonathan Grundt. I think that it's kinda funny, and timely.

Shofar Idol

Saturday, October 01, 2005

Sensible Priorities - NY Times Ad (10-1-05)

Great full page in today's NY Times.

Less Protection at a Far Greater Cost to Taxpayers

Below are the Endangered Species Act floor speeches from House Minority Leader Nancy Pelosi and Democratic Congressman Nick Rahall.

Aside from being on the correct side of the issue, they are rich with understanding of the moral implications of this debate.


Minority Leader Nancy Pelosi:
Thursday, September 29, 2005
Contact: Brendan Daly/Jennifer Crider, 202-226-7616

Republican Bill Undermines Protections for Endangered Species
Washington, D.C. – House Democratic Leader Nancy Pelosi spoke today on
the floor of the House in opposition to Republican bill sponsored by
Richard Pombo of California that undermines the Endangered Species Act, and in
support of a bipartisan substitute. Below are Pelosi’s remarks:


“Thank you, Mr. Chairman. I rise in opposition to this legislation, which would critically undermine protections for our nation’s endangered species. I support the bipartisan substitute to the bill, because it provides common-sense proposals to strengthen the Endangered Species Act.


“With the passage of the first endangered species law in 1966, and the modern Endangered Species Act in 1973, Congress made a commitment to future generations of Americans. We made a commitment to maintain the web of life and preserve the myriad species that form an essential part of our natural heritage. We must keep that commitment, for the sake of our children and our grandchildren.


“The Endangered Species Act is a safety net for wildlife, fish, and plants that are on the brink of extinction. When other environmental laws have not provided enough protection, the Endangered Species Act is there to give endangered species one last chance to survive. Of the 1,800 species protected by the law, only nine species have been declared extinct—an impressive achievement. The safety net saved our majestic national symbol, the bald eagle, and the peregrine falcon. It is saving the Florida manatee, the grizzly bear, the southern sea otter, sea turtles, and many other animals and plants.


“On the floor of this House, week after week, month after month, the Republican leadership pushes through legislation that shreds the safety net for children, for veterans, for the elderly, for the poor, for the sick and disabled. It comes as no surprise that today they bring us a bill that will shred the safety net for endangered plants and animals, which is unfortunate because it relates to the balance of nature.


“We find these words from the Psalms: ‘How many are your works, O Lord! In
wisdom you made them all; the earth is full of your creatures. There is the sea, vast and spacious, teeming with creatures beyond number – living things both large and small.’


“In wisdom God has made them all, ‘living things both large and small,’ and in wisdom we should preserve and protect them.


“We have yet to learn the roles that many creatures play in the web of life,
and we have yet to discover the practical benefits many species may bring to
humankind. One example in California, the Pacific forest yew, once considered virtually useless – a trash tree, became extremely valuable as the source for the anti-cancer drug Taxol. Many of us have dear friends or family members whose chances of survival have been increased by the use of Taxol.


“The bill we consider today is loaded with provisions that will make it harder to preserve endangered species. It undermines sound science by directing the Secretary of the Interior, a political appointee, to issue regulations locking in a static definition of acceptable scientific data. It repeals all protections from pesticides. It drops the requirement for other federal agencies to consult with the wildlife experts at the Fish and Wildlife service or the fisheries experts at the National Marine Fisheries Service. It establishes an extraordinary new entitlement program for developers and speculators that requires taxpayers to pay them
unlimited amounts of money. The list goes on and on.


“Reasonable people agree that there are ways to improve the Endangered Species Act. Many people who care very much about the environment, the balance of nature, the web of life, have concerns about the enforcement. I think that’s why it’s important for Congress to be very clear about what our intent is, so that intention of Congress and the clarity of our voices here will give guidance to those who enforce the law and so that the implementation and execution of it is not in a way that is so risk
averse as to be counterproductive.


“We can do better than the current law, but it’s hard to do worse than the
legislation being proposed by Mr. Pombo. That’s why my colleague from California, George Miller, joined by a bipartisan group of Members, with Sherwood Boehlert taking the lead on the Republican side, has developed a substitute to this bill that gives landowners assistance and incentives to protect endangered species, strengthens the science behind the Endangered Species Act, and requires improved coordination with the states.

“I urge my colleagues to strengthen the Endangered Species Act by voting for
the bipartisan substitute and opposing this underlying bill.


“As Members of Congress, to truly show our children that we mean it
when we say that we all know that everything in nature is connected and it’s
important to maintain the balance of the web of life. In the book of Isaiah, in the Old Testament, we are told that to minister to the needs of God’s creation, and that includes our beautiful environment, is an act of worship. To ignore those needs is to dishonor the God who made us.

“Let us minister to the needs of God’s creations, let us support the substitute and oppose the underlying bill.”

# # #

Congressman Nick Rahall

FOR IMMEDIATE RELEASE
CONTACT: Kristen Bossi

September 29, 2005
(202) 226-1736


ENDANGERED SPECIES BILL FAILS TAXPAYERS AND OUR HERITAGE

WASHINGTON, D.C. - Exacerbating record budget deficits and failing to be good stewards of God’s creatures, the U.S. House of Representatives today passed misguided Endangered Species Act reform legislation that will provide less protection at a far greater cost, charged U.S. Rep. Nick J. Rahall (D-WV).


“Despite good faith efforts, Chairman Pombo and I were not able to find common ground on amendments to the Endangered Species Act. Today, not only was fiscal responsibility thrown to the wind in this process, but we have turned back the clock to an era in which DDT was commonly known as Drop Dead Twice,” said Rahall, the Ranking Democrat on the House Resources Committee which has jurisdiction over wildlife issues.


H.R. 3824, the Threatened and Endangered Species Recovery Act of 2005, would insulate those who use pesticides from the Endangered Species Act’s prohibitions against killing endangered and threatened species. As long as corporations comply with federal requirements to register as pesticide users, they will have no obligation to meet the requirements in the Endangered Species Act.


According to the Congressional Budget Office, if this is enacted into law, it will increase direct spending, and would cost almost $3 billion to implement from 2006-2010.


The cost is attributed to a new, potentially open-ended entitlement program for property developers and speculators. The bill would establish the dangerous precedent that private individuals must be paid to comply with an environmental law.


“This section pays citizens to comply with the law. What is next: paying citizens to wear seatbelts, to comply with speed limits, to pay their taxes,” declared Rahall.


Weakening the Endangered Species Act, warned Rahall, would have serious implications on the medical field as well. Nearly 50% of all medical prescriptions dispensed annually in the United States are derived from nature or synthesized to mimic naturally occurring chemical compounds.


"Penicillin, which is cultivated from mold fungus, has saved countless lives. And venom from snakes has led to important medications. With the extinction of a single species, gone may be the next effective treatment for cancer, AIDS, or other diseases,” reasoned Rahall.


Last week, the House Resources Committee reported out this legislation with a strong provision to create a dovetailing between allowing development to proceed and species conservation. However, an amendment adopted by the House today upsets that balance, crippling species recovery.


"Survival is akin to keeping a patient on life support without any chance of recovery,” stated Rahall.


He concluded, “As people of faith, as I am sure we all are, we should acknowledge these words from Ecclesiastes: ‘Man’s fate is like that of the animals; the same fate awaits them both: As one dies, so dies the other. All have the same breath.’”

Let's Have Dinner on the Devil Tonight

Dinner courtesy of Bobby Van's in midtown. Service by Rick - a fine waiter.

Cocktail:
Skyy and Soda with a bumper of lime and lemon

Appetizer:
Shrimp Cocktail
Sesame Tuna

Main:
Porterhouse for Two

Sides:
Creamed Spinach
Broccoli Rabe

Dessert:
Chocolate Mousse Truffle Cake

Coffee and Kahlua

Post-Dessert:
Godiva Chocolate Dipped Strawberries

The Way It Is by Paul Krugman (NY Times 9-30-05)

September 30, 2005
The Way It Is
By PAUL KRUGMAN

Bill Frist, the Senate majority leader, is under investigation by the Securities and Exchange Commission. He sold all his stock in HCA, which his father helped found, just days before the stock plunged. Two years ago, Mr.Frist claimed that he did not even know if he owned HCA stock.

According to a new U.S. government index, the effect of greenhouse
gases is up 20 percent since 1990.

Dr. Scott Gottlieb, a 33-year-old Wall Street insider with little experience in regulation but close ties to drug firms, was made a deputy commissioner at the F.D.A. in July. (This story, picked up by Time magazine, was originally reported by Alicia Mundy of The Seattle Times.)

The Artic ice cap is shrinking at an alarming rate.

Two of the three senior positions at the Occupational Safety and Health Administration are vacant. The third is held by Jonathan Snare, a former lobbyist. Texans for Public Justice, a watchdog group, reports that he worked on efforts to keep ephedra, a dietary supplement that was banned by the F.D.A., legal.

According to France's finance minister, Alan Greenspan told him that the United States had "lost control" of its budget deficit.

David Safavian is a former associate of Jack Abramoff, the recently indicted lobbyist. Mr. Safavian oversaw U.S. government procurement policy at the White House Office of Management and Budget until his recent arrest.

When Senator James Inhofe, who has called scientific research on global warming "a gigantic hoax," called a hearing to attack that research, his star witness was Michael Crichton, the novelist.

Mr. Safavian is charged with misrepresenting his connections with lobbyists - specifically, Mr. Abramoff - while working at the General Services Administration. A key event was a lavish golfing trip to Scotland in 2002, mostly paid for by a charity Mr. Abramoff controlled. Among those who went on the trip was Representative Bob Ney of Ohio.

It's not possible to attribute any one weather event to global warming. But climate models show that global warming will lead to increased hurricane intensity, and some research indicates that this is already occurring.

Tyco paid $2 million, most going to firms controlled by Mr. Abramoff, as part of its successful effort to preserve tax advantages it got from shifting its legal home to Bermuda. Timothy Flanigan, a general counsel at Tyco, has been nominated for the second-ranking Justice Department post.

In the aftermath of Hurricane Katrina, New Orleans is awash in soldiers and police. Nonetheless, the Federal Emergency Management Agency has hired Blackwater USA, a private security firm with strong political connections, to provide armed guards.

Mr. Abramoff was indicted last month on charges of fraud relating to his purchase of SunCruz, a casino boat operation. Mr. Ney inserted comments in the Congressional Record attacking SunCruz's original owner, Konstantinos "Gus" Boulis, placing pressure on him to sell to Mr. Abramoff and his partner, Adam Kidan, and praised Mr. Kidan's character.

James Schmitz, who resigned as the Pentagon's inspector general amid questions about his performance, has been hired as Blackwater's chief operating officer.

Last week three men were arrested in connection with the gangland-style murder of Mr. Boulis. SunCruz, after it was controlled by Mr. Kidan and Mr. Abramoff, paid a company controlled by one of the men arrested, Anthony "Big Tony" Moscatiello, and his daughter $145,000 for catering and other work. In court documents, questions are raised about whether food and drink were ever provided. SunCruz paid $95,000 to a company in which one of the other men arrested, Anthony "Little Tony" Ferrari, is a principal.

Iraq's oil production remains below prewar levels. The Los Angeles Times reports that mistakes by U.S. officials and a Halliburton subsidiary, which was given large no-bid reconstruction contracts, may have permanently damaged Iraq's oilfields.

Tom DeLay, who stepped down as House majority leader after his indictment, once called Mr. Abramoff "one of my closest and dearest friends." Mr. Abramoff funneled funds from clients to conservative institutions and causes. The Washington Post reported that associates of Mr. DeLay claim that he severed the relationship after Mr. Boulis's murder.

Public health experts warn that the U.S. would be dangerously unprepared for an avian flu pandemic.

As Walter Cronkite used to say, That's the way it is.