Author Archives: onthebeatontrack

Cat fight at the Supreme Court!

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Girls don’t usually fight. There are sound reasons for this – reasons of general decorum, biology, hormones, jewelry, dresses and hairdos. 

But when they do, boy oh boy, it can be a doozy. It happened yesterday at the Supreme Court.

The case was an appeal of a district court order issuing a “universal injunction” against President Trump’s executive order seeking to abolish “birthright citizenship.”

Birthright citizenship is the kind you get if you’re born in America even if your parents are here illegally. The 14th Amendment seems to provide for it, although there is a non-frivolous argument that it does not.

A universal injunction is one that binds the enjoined party even against persons not involved in the lawsuit.

The district court judge in this case found Trump’s executive order against birthright citizenship to be in violation of the 14th Amendment, and issued an injunction forbidding its enforcement against the plaintiff in the case.

Here’s where it gets dicey. The judge’s injunction applied not just for the benefit of the named plaintiff, but for the benefit of all other people in the country even though they weren’t parties to the case. It was a universal injunction.

Trump appealed the universal injunction on two grounds: (1) you should not get citizenship merely by being born in America if your mother was here illegally – in other words, the 14th Amendment does not provide for birthright citizenship – and (2) the universal injunction barring enforcement of the executive order even against people who were not parties to the case was an unconstitutional overreach by the judge.

The Supreme Court heard the latter argument on universal injunctions, and reserved the substantive birthright citizenship issue for another day.

It was a typical 6-3 political decision, meaning the six Republican-appointed Justices beat the three Democrat-appointed ones. (Elections have consequences, as President Obama once pointed out.)

The opinion for the Court was by Justice Amy Coney Barrett. She walked through the history of universal injunctions, noting that they scarcely existed until recent times.

Now that they do exist, they are prone to abuse. A political plaintiff can choose to file his suit in a district that is notoriously favorable to his politics. Then he gets a favorable decision – typically without even a trial but instead on a preliminary basis – that applies for the benefit of all potential plaintiffs everywhere.

In theory, the district court’s decision could be reversed after a trial, but that’s years away, and, in reality, the trial decision from the same judge will be the same anyway. (On many of these issues, there’s no right to a jury trial.)

It’s actually even worse than that. Say for a moment that the plaintiff somehow loses his bid for a universal preliminary injunction in a favorable district. There’s nothing to stop another plaintiff from filing the same suit in a different favorable district. If the second plaintiff wins in that second case in that second district, he can expect to get the universal preliminary injunction that the first plaintiff was denied.

The defendant – the government in this case – is thus not only required to win in one district favorable to the other side, but is required to win every case in every district where every plaintiff files. One loss, and all are lost.

Weirdly, the universal preliminary injunction obtained by the second plaintiff – or third or fourth – who prevailed could even have the effect of reversing the loss by all earlier plaintiffs. The earlier, losing plaintiffs wind up getting unlimited bites at the apple by enjoying the repeated re-litigation of the matter by later plaintiffs.

The Supreme Court via yesterday’s opinion by Justice Barrett finally put a stop to routinely issued universal injunctions. Trump is doing well at the Supreme Court, and this was his biggest win. Our system in largely working.

Justice Ketanji Brown Jackson Issued a peptic dissenting opinion. You’ll recall Jackson. She is the woman who was asked at her Senate confirmation hearing, “Can you define the word ‘woman’?”

It was obviously a gotcha question which Jackson wanted to avoid answering. A smart and articulate woman — not too much to ask for in a Supreme Court Justice — could have dodged the question with a little BS such as, “Well, that word is used in many different ways, Senator. There’s a biological way, a social way, a behavioral way, a gender way, and . . . blah blah blah . . . mumble mumble . . . ”

Instead, Jackson gave the Republicans a sound bite for the ages: “I can’t . . . Not in this context. I’m not a biologist.”

Bob Dylan said you don’t need to be a weatherman to know which way the wind blows. He never met Ketanji Brown Jackson.

Questioner: Can you tell me which way the wind blows, Ms. Jackson?

Jackson: I can’t. I’m not a weatherman.

In another recent dissent by Jackson (thankfully, she appears to specialize in dissents) she lamented that the Supreme Court’s decision “comes at a reputational cost for this Court, which is already viewed by many as being overly sympathetic to corporate interests.”

Say what? A Justice of the Supreme Court is openly worrying, or pretending to, that their decisions might be viewed as sympathetic to “corporate interests”?

First, the Court is supposed to apply the law to the facts, public perception be damned. Second, the allusion to “corporate interests” is amateur activism. Is the Court supposed to disfavor corporations? What about large partnerships? What about LLCs? Non-governmental organizations? Charitable foundations? Sole proprietorships?

Is the law different depending on the choice of entity that one party made when they set up their organization?

Back to yesterday’s universal injunction case. Jackson’s dissent warned that the decision was “an existential threat to the rule of law.”

That’s a serious allegation. Her allegation is that the Supreme Court whose job is to interpret the law is threatening its very existence.

I have three responses to Jackson’s allegation. One, yawn. Two, notice how people who aren’t very smart like to use the phrase “existential threat” as if it makes them a French philosopher or something. Three, if abolishing universal injunctions threatens the rule of law, then how did the rule of law survive for two centuries without them?

Justice Barrett in response wrote that Jackson’s dissent “is at odds with more than two centuries’ worth of precedent, not to mention the Constitution itself.” She observed that Jackson “decries an imperial Executive while embracing an imperial Judiciary.”

Barrett wasn’t done: “Observing the limits on judicial authority – including, as relevant here, the boundaries of the Judiciary Act of 1789 – is required by a judge’s oath.”

Finally came Barrett’s knockout punch: “Justice Jackson would do well to heed her own admonition: ‘Everyone, from the President on down, is bound by law.’ That goes for judges too.”

In the cloistered confines of the Supreme Court, that constitutes a beating. Jackson was rightly condemned in a written opinion joined by six of the Justices for advocating a position contrary to two centuries of precedent and the Constitution itself, endorsing an imperial judiciary, violating the judge’s oath, and refusing to be bound by law even as she wildly accuses the Court of threatening the very existence of law.

Justice Barrett as the author of that take-down put to rest any doubts. She’s all woman, and she’s got a pair.

CNN publishes a stolen, inaccurate report in an effort to help Iran

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CNN last week got their hands on a classified document stolen from the National Security Agency. That’s a felony punishable by ten years in prison, by the way.

The stolen document guessed that the efforts by Israel and America to neutralize Iran’s nuclear weapon program had set back the program by only “a few months.”

CNN and the rest of the media cabal could hardly contain their glee. They celebrated the failure of America and Israel.

Hardly mentioned in CNN’s report was that the document itself noted that its conclusions were merely “preliminary” and were expressed with only “low confidence.” 

This week, a more considered report was published by the Institute for Science and International Security (which, ironically, has been going by the acronym ISIS since long before the ISIS terrorists came around).

ISIS – the good one – is a non-partisan think tank and investigatory group. If anything, it might lean a bit to the left, as its financial supporters include left-leaning organizations such as the McArthur Foundation, the Ford Foundation and the Rockefeller Foundation. 

The Wall Street Journal reported on ISIS’s findings. (The Journal’s report is behind their paywall here, but you can click into ISIS’s underlying report here.)

ISIS concluded that Iran’s nuclear weapons program has been “effectively destroyed.”

That conclusion is supported in their report by extensive review and detailed analysis of the attacks and the videos, aided by intimate knowledge of the layouts of the Iranian facilities and interviews with international inspectors of those facilities.  

In some particulars, the ISIS report shows that the stolen preliminary report as characterized by CNN is simply wrong on the facts about what facilities were attacked, and how.

Apart from CNN, everyone else knows that the Iranian program has been hit very hard. The Israelis concluded that the Israeli and American efforts have set the Iranian program back “many years.” The U.S. Director of National Security, a dove who downplayed Iran’s nuclear ambitions a few months ago, reported yesterday that the Iranian facilities have been “destroyed.” President Trump himself reported last week that the facilities have been “obliterated.”

The head of the CIA said yesterday that Iran’s program had been “severely damaged” and would require “several years” to rebuild. Even the head of the nuclear watchdog at the U.N. – not exactly an Israel fan club – reported that the damage had to be “very significant” in view of the “the explosive payload utilized and the extreme vibration-sensitive nature of centrifuges.” Well, duh.

Meanwhile, Iran has congratulated itself on its “decisive victory.” The Ayatollah proclaimed that Israel has “almost collapsed and been crushed” and America has been delivered “a slap in the face.”

CNN has not gone that far, yet. But as of this writing, the stolen, erroneous NSA preliminary report is still on CNN’s website – with little of the contradictory reports mentioned.  

Why do the media (with the notable exception of the Wall Street Journal in this case) distort or even lie about facts, to make Iran look good and strong and make America look bad and weak?

Well played, Mr. President

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In what is already being called “The 12-Day War,” the bad guys have surrendered.

It took a bit longer than its namesake, The Six-Day War, but it was every bit as heroic. Israel beat an opponent that outnumbered it nine to one. An opponent that was on the verge of nuclear weapons to make good on its decades-old threat to obliterate Israel from the River to the Sea. An opponent that has fomented terrorism throughout the Mideast. An opponent that militarily, financially and logistically supported the horrible October 7 pogrom, a slaughter of unspeakable cruelty.

This time, Israel got some help in the end. Only one country on earth is willing to publicly ally itself with the Land of Abraham, Isaac and Jacob. Fortunately for Israel and the world, that country is the United States of America, a country still armed with the most powerful military in history – a country that is still the arsenal of democracy.

Israel pilots (the second best in the world), Israeli intel, and Israeli stones did the dirty work of neutralizing the Iranian air defenses.

Then, it was the U.S. of A. that destroyed the Iranian nuke sites with stealth bombers that Iran never saw coming and couldn’t have intercepted if they had, carrying bunker-buster bombs that went half way to China. (Are you listening, China?)

In a face-saving move of retaliation, Iran then lobbed a few missiles toward an American air base. Although there was no danger of them hitting their target, Iran made sure by phoning in an advance warning.

The Democrats and the Never-Trumpers have been waiting and praying for a catastrophe for 12 days now. Sadly for them but happily for the world, it seems there won’t be one. But they will continue to hope.

OK, it’s not technically a surrender by Iran. It’s merely a permanent cease fire. Technically, it’s possible that Iran could restart hostilities if they decide they’d like another dose.

I’m betting against that.

I’m also betting that Slo Joe and Kamala-lala would not have had the stones or the brains to pull this off. For that matter, I’m not sure George W. Bush or Richard Nixon would have.

President Trump did.

I admit that I’ve had my issues with Donald Trump. In fact, I recently expressed doubt that he would follow through on Iran. I’ve had other issues with him, as well.

But on balance I’ll take him over any of the alternatives. That – and this – is why I voted for him three times. God bless him.

The federal judiciary still works

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You’ll recall that a federal judge in California ruled against Trump in the dispute over his use of the National Guard to protect federal buildings in Los Angeles from rioters who demand a permanent open border.

That judge happened to be the 83-year-old semi-retired little brother of 86-year-old liberal retired Supreme Court Justice Stephen Breyer.

Big Brother must have been so proud.

First, a word about federal judges that most people are not aware of. Federal judges can go on “Senior Status” as they get old. That means they get full pay and benefits including perks such as secretaries, beautiful offices, and young and attractive law school graduates to do their research and listen to their genuflections.

Oh, and a palatial courtroom for their exclusive use (though it sits empty 90% of the time), a fancy black robe, and a guy to shout “ALL RISE” when they walk in. (You’re supposed to remain standing until the judge mutters, “Be seated.” That’s one of many, many things they don’t teach in law school, but you quickly learn it on the job.)

These Senior Status judges are expected to do a bit of work. But only as much work as they feel like doing. They can work 35 hours a week, or 15.  Unlike ordinary judges, they can turn down any case. The cases they turn down go back into the hopper to be assigned randomly to another judge.

It shouldn’t come as a surprise to you that most federal cases are very boring matters. Senior Status judges turn them down left and right.

Did I mention that they get full pay, benefits and perks fit for a king including a guy to shout “ALL RISE”?

It’s a good gig. So much so that in the federal district covering Colorado, for example, 9 of the 17 judges have elected “Senior Status.” In other words, over half of the federal District Court judges in Colorado are part-time but receiving full pay, benefits and perks.

There was a day when federal District Court judges didn’t exploit Senior Status. After all, they had to share the elevator and lunchroom with full-time colleagues who were tasked with the boring cases that the Seniors had turned down. And they were cognizant of the financial burden they and their entourage and appurtenances imposed on taxpayers.

That day seems to have passed.

Back to California. The Little Brother who ruled against Trump in the federal District Court there has been on “Senior Status” for the last 14 years. As a Senior Status judge, Little Brother could have turned down this case. He didn’t. He took it, heard it, and issued a decision against Trump.

Ah, but not all is lost. Even this case is not lost. The Trump administration appealed Little Brother’s order. Unfortunately, the appeals court covering Little Brother’s district court is the liberal Ninth Circuit. But fortunately, the liberal Ninth Circuit overturned Little Brother’s order. Trump won his appeal.

Appeals are heard by a three-judge panel of appellate judges selected at random from the sitting judges of that circuit. Trump was very lucky in that two of the three were Trump appointees. Before you conclude that the fix was in for Trump, be aware that the third was a Biden appointee and he, too, ruled in favor of Trump.

The decision was not a close call. The appellate judges noted that the President does not have wholly unfettered authority to call out the National Guard – there are statutes limiting that – but in general the President is entitled to some deference.

In this particular case, there was rioting in the streets. That’s enough.

The case now could be re-heard by the Ninth Circuit in an “en banc” hearing of 11 appellate judges randomly selected from the 29 active appellate judges in the Circuit.

Then, or even before then, the losing party can appeal to the Supreme Court where six of the nine Justices are Republican appointees. It’s likely that Trump will win there.

Apart from the merits or demerits of this particular case, here’s the point I want to make. The American federal judiciary still works.

It’s true that some of the judges don’t work as well, or as hard, as they could, or they should, but as a general rule they do indeed work in every sense of the word. Virtually all of them are very bright men and women with outstanding credentials, though some are too old for the job.

One more related point. The inflammatory allegation that federal court judges are “bought off” or otherwise corrupt is utterly unsubstantiated and, in my personal experience, unfounded. Despite the abuse of Senior Status, and despite the age-related limitations of some judges, never once in my career did I see the slightest evidence of corruption in any of them.

Justice Breyer’s Little Brother may be an ideologue, and that’s bad, but there’s no evidence that he’s corrupt. There’s a remedy when a judge is an ideologue. It’s called an appeal. It works.

Glenn Beaton practiced law in the federal courts, including the Supreme Court.

Hurrah for the IDF, but does Iran already have a nuke in Tel Aviv?

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This war has been distinctly one-sided so far. It’s been all Israel and no Iran.

But we won’t know for days or weeks how successful the Israeli Defense Forces were in their main objective of disabling Iran’s nuclear weapon program.

Israel says it intends to pound Iran for two weeks. If that pounding entails anything like the strikes yesterday which involved about 200 aircraft, and if Iran’s air defenses don’t improve (in fact, they are apt to deteriorate even more from the bombings) then Iran could be crippled for decades.

I’m all for it. But here are some known unknowns:

First, Iran might already have nukes. We think that’s not the case, but, as everyone now knows, that thought is only as good as our intel on the matter. When it comes to intel, remember Russiagate? Remember Hunter’s laptop? I’m betting that the Mossad has better intel operations than we do, but that bet is no sure thing.

Let’s assume the intel on Iran’s development of nukes is accurate – that they’re still weeks away from enriching uranium to bomb-level enrichment concentrations.

That doesn’t mean Iran doesn’t have a bomb. There are thousands of nukes in the world, held by bad guys that are friendly to Iran because Iran is hostile to the west. That includes North Korea, Russia, China, Pakistan and India on some days. Nothing would stop one or more of those bad guys from simply flying or trucking a nuke over to Tehran, especially if Iran paid them some real money to do so.

The explosion from a nuclear bomb is all out of proportion to its size. A bomb that fits in an ordinary truck – not even a semi – could easily take out Tel Aviv.

Ah, you say, but Iran lacks the hardware to mount this bomb-in-a-truck onto one of their thousands of ballistic missiles. So how would they deliver their bomb-in-a-truck to Tel Aviv?

In the truck.

The Ukrainians delivered truckloads of drones thousands of miles across Russia. Surely a single truck could be smuggled into Israel and parked in a storage unit in Tel Aviv.  

Nukes are most destructive if they are detonated a few hundred feet above the ground. So, this bomb-in-a-truck detonated in a storage facility in Tel Aviv would be only, say, 30% as destructive as it could have been if detonated a few hundred feet in the air.

It could still easily take out Tel Aviv.

Ever since I was an aerospace engineer for Boeing, I’ve been puzzled by the inordinate interest in bomb delivery vehicles. Cruise missiles can deliver a warhead across a thousand miles of complicated terrain by flying a few feet off the ground – under radar detection. That’s marvelous, I thought, but why don’t we just rent a U-Haul?

I assume (though I was never privy to such information even when I had a security clearance from Boeing) that we did indeed rent U-Hauls, and so did the Soviets. I assume that we had nukes tucked into strategic locations across the Soviet Union, and they similarly had nukes tucked into strategic locations across the U.S. I assume that Russia took over control of those nukes when the Soviet Union fell, as they took over the rest of the Soviet Union’s nukes. I assume that China, similarly, has nukes residing in the U.S.

It would be military malpractice not to. I’m afraid that the answer to the question I asked myself at Boeing – why don’t we just rent a U-Haul? – is, “Because Boeing doesn’t make U-Hauls.”

The million-dollar question is, does Iran have a nuke – or access to the detonator of a nuke – in Tel Aviv? We’ll probably know one way or another within days.

In a life prior to law school, Glenn Beaton was an aerospace engineer for Boeing.

Ketamine, Elon, and me

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Elon Musk – a man I admire greatly but not unreservedly – used ketamine. It’s not just a rumor. He wrote about it in a series of posts on what was then Twitter.

Ketamine is a manufactured drug that was originally designed as an anesthetic, and is still used for that purpose. However, it was noticed some years ago that in doses much lower than the anesthetic dose, it produces hallucinations. The effect is similar to that of other hallucinogenic drugs like LSD or naturally-occurring psilocybin (“magic mushrooms”). 

Ketamine, LSD, psilocybin and many other hallucinogens are thought not to be physically addictive (though, like other things that people enjoy, they may be habit-forming and psychologically addictive). In that respect, they are very different than, say, opiates such as heroin and morphine or, for that matter, coffee and alcohol.

Hallucinogens were investigated for years as treatments for emotional disorders such as depression and PTSD. But the “war on drugs” put a chill on that research.

As mind-altering drugs go, ketamine has a much better “brand” than LSD or psilocybin. That might be because letamine came into use as a medical anesthesia, not a street drug, and because a ketamine dose under medical supervision is easily controlled. That contrasts with street LSD and magic mushrooms, both of which are notoriously variable in their potency.

Equally important, a ketamine trip lasts about an hour while an LSD trip lasts more like a day.

Finally, ketamine has a better champion in Elon Musk than LSD had in Timothy Leary. Endorsements are everything, you know.

Given all that, together with some credible clinical studies, the FDA has approved ketamine in inhaler form for so-called “treatment resistant depression.” That’s defined as depression that resists other treatments such as the ubiquitous SSRI drugs.

The biochemical mechanism of ketamine on severe depression is not well understood. In layman’s terms, it seems to have a “resetting” effect similar to electroshock treatment – but without the occasional burn marks.

Ketamine treatment protocols are still evolving. A typical protocol involves half a dozen treatments over the course of several weeks. But sometimes the patient improves with just one or two treatments.  

Like other hallucinogens, ketamine is recognized as something that can be dangerously abused as a recreational drug. 

Elon said his use of ketamine was not for recreation, but was with a prescription under medical supervision to treat depression. (It says something about the sinister nature of depression that the richest person in the world could be afflicted with it.) Elon says he no longer uses it.

I have a personal experience with ketamine. Regular readers are aware that I had open heart surgery a week before Christmas to replace a defective aortic valve.

Due to the particular nature of my valve defect, the preferred method of aortic valve replacement where the valve is installed via a vascular catheter – a procedure something like a transcatheter angiogram – was not feasible for me.

My procedure instead went the old-fashioned route – through the chest. They sliced open my chest, sawed open my sternum lengthwise, pried my chest apart, accessed my beating heart, put me on a heart-lung bypass machine, injected a drug to stop my heart, cut into my heart, carved out my ruined aortic valve, and sewed in a replacement valve made from bovine tissue – from a cow.

They sewed up my heart, took me off the bypass machine, restarted my heart, wired my sternum shut, and sewed up the big wound through my chest.

Surgery took four or five hours, and I was under anesthesia for a total of six or seven. 

My recovery proved problematic. Although the wound healed well and I was up and about in a few days, I soon developed severe heart arrhythmias of various types. The surgical trauma to the heart from open heart surgery often disrupts the electrical pathways that control the beating of the four chambers, such that they don’t beat synchronously.

By then, I was about three months out from my surgery. Mechanically, my heart was doing very well. The new valve fashioned from the heart tissue of a cow was properly seated and functioning. I liked to say that I was doing much better than the cow.

But the electrical system regulating and synchronizing the contractions of my four heart chambers was all messed up. I was like a British sports car – mechanically I was not bad but the electrical system was reliably unreliable.

My random heartbeats not only wore me down, but also interfered with my sleep. Between the arrhythmias themselves and the sleep deprivation they produced, I was fatigued. I was indefatigably fatigued.

Unrelatedly, I had surgery on my forehead that was expected to be routine. That was bad timing. The surgery required a big, deep, star-shaped incision to carve out some skin cancer. I wound up with 19 external stitches plus another 25 dissolving subcutaneous ones. I looked like a hatchet murder victim, but was less active.

Also unrelatedly, my little brother died.

My reliably unreliable cardio-electrical system along with my indefatigable fatigue landed me in the Emergency Room. I was accompanied by a close friend who had helped me through my surgery in the months leading up to and following that.

In the ER, they did what they do in ERs. That is, they decided I was not at risk of dying that day, and they started to send me home.

The attending physician, however, began asking me questions about my situation. He had a ponytail. I liked him anyway, and I told him my recent story.

The doc suggested ketamine. I had never heard of ketamine, but my friend had. She said it killed Mathew Perry, the co-star of “Friends.”

The doc assured us that Perry had taken a huge dose or several doses of street ketamine the day he died, without medical supervision, and died in a swimming pool or hot tub – he might actually have drowned.

In my desperation, and after noting the absence of any swimming pools or hot tubs in this ER, I agreed to try this ketamine stuff. As the nurse was setting up an IV, we asked her whether I would feel anything. She answered that I would feel the pin-prick of the IV when she put it into my arm, but then I would feel nothing.

Maybe I asked the wrong question. After starting the IV, the nurse walked out of the curtained ER cubical, leaving me alone with my friend amid the gentle whirring of the machine slowly infusing ketamine into my vein.

The “disassociation” effect came first. Now I know what they mean by “out of body.”

Then came the hallucinations. They were something like a 70s light show, but crazy-intense and three dimensional – at least. I floated through walls of brilliant lights and gyrating shapes and wild colors.

Nothing had prepared me for this. I have never used recreational drugs. I had never heard of ketamine. The nurse had told me just minutes before that I would not feel anything. So, it was alarming. I whispered something like,

“. . . Oh . . . my . . . God . . .”

I wondered if I’d been given the wrong drug. I wondered if I’d been given an overdose. I wondered if this might be the end of the world, or at least the end of me.

At the same time, the feeling was freeing and exhilarating. I had the sensation of opening up and releasing tension and turbulence. I could see it – or hallucinate it – streaming out of me.

As I flew, I dimly felt that I needed to stay in sight of the ground. I asked my friend if she was still there. She answered yes. I asked her to keep talking. She did. About what, I don’t remember. But her voice reassured me that there was still an Earth, and that I was still on it, even as I floated in the cosmos.

It seemed that the whole treatment lasted no more than a few minutes, but in fact it was about 40 minutes. After the infusion stopped, the hallucinations stopped almost immediately. I was utterly spent.

The doc returned. I told him of my experience. He remarked, “Oh, maybe I should have warned you about that.”

I thought, “Yeah, duh.”

But I later decided that his little surprise was probably part of the treatment. My overall assessment of this physician is that his treatment of me was creative and certainly aggressive, but controlled and safe.

The next day at home, I researched ketamine, and I learned what I’ve written at the outset above.

I was very tired. Events leading up to the ketamine treatment, the sleep deprivation, and then the treatment itself, had physically and emotionally drained me.

But this tiredness was different than the indefatigable fatigue I’d had for months. Within a couple of days, I was much better than before the treatment. Over the ensuing weeks, my heart arrhythmias gradually disappeared. Maybe I’d been “reset.”

Note to readers: Don’t try this at home. Street ketamine can kill you.

Will it be on the watch of tough-talking Trump that Iran finally goes nuclear?

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President Trump enjoys campaigning. The first campaign was in 2016 when he criticized the ill-advised deal that Obama had struck with Iran the year before.

Under that deal, Iran promised not to develop nukes – but only for a few years. Moreover, the inspection requirements were toothless, and Iran began violating them immediately by continuing its nuke program.

Trump rightly called that deal “a disaster” and “the worst deal ever” (which is saying quite a lot when it comes to deals made by Obama). After he was elected in 2016, Trump cancelled the deal.

And Iran continued its nuke program.

Trump’s second campaign was in 2020 when he promised that “as long as I am President of the United States, Iran will never be allowed to have a nuclear weapon.” Trump lost the election.

And Iran continued its nuke program.

Trump’s third campaign was in 2024 when he declared that if elected, he would exert “massive, maximum pressure” on Iran to end its nuclear program. He won that election.

And Iran continues its nuke program.

Trump’s “massive, maximum pressure” has not included new sanctions on Iran, even while the United States Senate is considering bipartisan bills to impose those sanctions whether Trump likes it or not.

Trump’s fourth campaign is ongoing as you read this. He seems unconcerned that there’s no election going on; campaigning is what he does. Tweets, anyone?

When it comes to Iran, his campaigning substitutes for governing. Tough talk substitutes for tough action – or even moderate action.

Even the tough talk gets watered down. A couple of weeks ago, Trump announced that he was “very close” to a new deal with Iran, as if he could close the gap with wishes and charm.

On Wall Street, stock traders evaluating the tariffs have an acronym. It’s “TACO,” which stands for Trump Always Chickens Out. In the face of a stock market rout, the tariffs Trump announced in April have quietly been withdrawn or at least re-drawn.

Note that Wall Street doesn’t say “TACO” as a political attack. They’re in the business of making money, not the business of politics. They say “TACO” in the same way they say, “Buy low, sell high.” It’s a truism.

Wall Street’s smart money has probably judged Trump correctly; being correct is why they’re on Wall Street while you and I are just on Main Street.

And so, we should expect a similar chickening out by Trump with respect to the Iranians. The Iranians themselves certainly do.

There will be a deal, alright. Trump will compromise to the point that it will be much the same as the 2015 deal that Obama struck. There will be promises by the Iranians, again, but no real teeth in the deal to enforce those promises, again. And there will be a zillion-dollar payment to the Iranians, again, which they’ll use to fund worldwide terrorism, again.

In short, the Iranians will get their nukes, and we’ll give them money to fund terror – and Trump will campaign on his success in striking a fake deal for them not to get their nukes.

Just like Obama.

In the big picture, western leaders have resigned themselves to a nuclear Iran. The fake deals are merely to mollify the masses. The leaders know that Iran will break the deals and get its nukes, and are already planning to say, “I’m shocked! They broke the deal!”

I’m not surprised that the Europeans act out this dishonest dance. Nor am I surprised that the Obama/Hillary/Biden crowd join in. But I expected something different from Trump – because he promised something different.

Ah, but there’s a wild card in this charade. It’s the Israelis. If the Ukrainians can take out a third of the strategic bomber fleet of Russia, imagine what the Israelis can do to the nuke program of Iran.

When it comes to the Jews saving the world, you know, there’s a precedent.

Trump is not a fascist . . . but . . .

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At the outset, let me state my bona fides. I voted for Trump three times. I publicly supported his candidacy back when the media deemed him and his supporters like me stupid racists.

That was back when “Trump is literally Hitler” was the meme of the moment amongst the kind of people who don’t know the meaning of Hitler and don’t know the meaning of “literally.” Which is to say, most of the current mainstream media.

For the record, Trump is not Hitler, not literally or metaphorically, nor is he a fascist.

Contrary to popular belief engendered by the lamestream media, the word “fascist” does not mean “Republican.” Nor does it mean “very conservative.” In fact, Republicans and other politically conservative people are nothing like fascists at all.

Fascism is notoriously difficult to define, perhaps because it is used as an epithet by the ignorant more than as a descriptor by the educated. But most would say it involves a tendency toward, or actual exercise of, strong autocratic or dictatorial control. It also frequently involves forcible suppression of opposition, belief in a natural social hierarchy, subordination of individual interests for the perceived interest of the nation or race, and strong regimentation of society and the economy.

OK, let’s look at President Trump.

He’s missing the race component. Indeed, many of his political appointments have been racial or ethnic minorities.

Some people would say, “Oh, but those minorities don’t count because they’re conservatives.” To those people, I have a question: So, who’s the bigot here when you’re the one willing to deny the color of a person’s skin because he lacks the “correct” viewpoints?

The nationalistic component is a closer call. Trump shows little interest in invading Poland or France, but does seem to hanker for a little elbow room up north in Greenland and Canada. Still, forcible conquest doesn’t appear to be on his radar. (But what exactly is the purpose of his conquistador callings?)

As for a belief in a natural social hierarchy . . . gimme a break, the guy’s a real estate developer. If there were a natural social hierarchy, real estate developers would be at the bottom.

Here’s the component that worries me: He doesn’t suffer disagreement lightly.

It would be one thing if Trump shot down disagreement with brilliant argument and nuanced analysis. In doing that, my favorite commentator on the conservative side – or any side, for that matter – was William F. Buckley. He won arguments in such eloquent, understated style that the people he persuaded to his side left thinking they had agreed with him all along.

Trump, not so much. If you agree with him at the outset, he’ll draw cheers from you. But that’s not a persuader; that’s a cheerleader.

As for those who disagree with him, he quickly escalates – or, rather, gutter-stoops – to name-calling, arm-twisting and outright bullying.

There’s a place for that tactic, to be sure. Army boot camp comes to mind.

In politics and people, however, such an approach tends to backfire. You can bully people only so far, and you can’t bully strong people at all.

Moreover, the bullying itself can backfire. For example, how is Vladimir Putin supposed to back down once Trump tells him to? Even the girly-men at Harvard have stood their ground (sort of) once Trump publicly told them to take a knee. The first rule of effective bullying is to do it in private where the object of your bullying doesn’t need to save face.

But this self-pleasing bullying, this autocratic nature, is in Donald Trump’s DNA. Recall that this man took time away from making billions in order to be on a stupid TV reality show where he gloried in screaming “You’re fired!”

The most recent “You’re fired” moment came this week when Trump lashed out at some judges – one of which he appointed – for striking down his tariff program as non-enabled by the laws he’s citing. The judges may or may not be right, but it’s a matter that will be decided by the Supreme Court on appeal, as it should be, not by playground bullies. Meanwhile, calling the judge names is not an effective strategy for a litigant.

The judges that disagree with him are reinforced in their disagreement when he tries to bully them. They have lifetime tenure and no fear of Trump. And the judges who agree with him, give pause. What self-respecting judge (and judges have a lot of self-respect) wants to be known as a Trump toady?

Oh yeah, the Supreme Court. He lashes out at them, too, though he appointed three of the nine. And he lashes out at the conservative Federalist Society for helping him choose the judges he lashes out at. I’m sure he’s just one lash away from lashing out at the people who helped him choose the Federalist Society to help him choose the judges.

Maybe all this plays well with a certain component of the base, and so it’s all clever triangulation by Trump. More likely, it seems to me, he just has the nature of an authoritarian bully.

It’s his greatest weakness. And I will not be voting for him a fourth time.

But he’s not Hitler!

Will Trump punish Iran as much as he’s punishing Harvard?

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Harvard deserves punishment. For years, they boasted in their published materials that they had a policy to favor certain ethnic groups.

Accordingly, they favored a Native American with the improbable name of Elizabeth Warren to fill a law professor position. When called out for their discrimination, they said that – in violation of their stated policy – they had not favored her.

Comically, it turned out Warren wasn’t Native American anyway. And so, in her case, Harvard failed at racial discrimination despite their best efforts. Usually, however, they’ve succeeded.  

One egregious area where they’ve succeeded is in discriminating against Jews and Asians. For Asians, their SAT scores had to be substantially higher than for whites and about 400 points higher than for Blacks.

Thankfully, the Supreme Court outlawed this discrimination against Asians in a decision two years ago. The suspicion is that Harvard has not stopped doing it, however, but has merely stopped advertising it.

Harvard’s discrimination against Jews is worse, if that’s possible. Harvard encourages Jew-hate. It’s probably not a coincidence that many of these antisemites are foreign students that pay full tuition.

But that’s not the only reason. The Jew-haters are egged on by many faculty members.

But at least Harvard has not promised to nuke the Jews. They may chant for the eradication of Israel (as in “From the River to the Sea”) but at least they are not advocating the eradication of Judaism, for the most part.

President Trump has rightly declared war on Harvard. He has cut off federal money until they comply with the Supreme Court rulings on racial discrimination, and protect Jewish students and other racial and ethnic groups.

Harvard has vowed to fight for their “right” to discriminate, and their “right” not to protect Jewish students, and their “right” to hate or love in admissions and hiring on the basis of skin color.

Naturally, they express this neo-Nazi skinhead language in more flowery terms – it’s all about academic freedom, they preen. To preserve their academic freedom to hate, they’ve filed lawsuits in their backyard of Boston in front of Democrat-appointed judges who are predictably disposed favorably to their position.

But it will go to the Supreme Court, and there will be supreme judgments, and Harvard will lose supremely.

Then there’s Iran.

Iran’s formal policy is not to fail to protect the Jews. It’s to kill them. For many years, they’ve armed proxies in the Middle East to do precisely that. Hezbollah, ISIS, Hamas . . . you name it. The Iranians see no group as too violent, too cruel, or too barbaric. The more violent, the more cruel, and the more barbaric, the better.

And so, on that horrific October 7, there were babies beheaded, grandmothers burned alive, young women raped in front of their husbands, and hostages taken, tortured and killed.

At Harvard, they cheered, and that was very bad. But in Gaza, it was even worse.

So, President Trump, will your punishment of the Iranians be at least as severe as your punishment of Harvard? Will you impose sanctions to cut off their funding, as you have with Harvard?

Moreover, will you put an end to Iran’s decades-long quest for a nuclear weapon to carry out their promise to destroy Israel?

Or is all your talk just . . .  big talk? Is it something like the tariff talk – a negotiation posture that you’ll climb down from and compromise on when the going gets rough?

It’s one thing to declare war on Harvard, but it takes some guts to declare war on Iran. The world is watching.

Join the debate: Should old men be screened for prostate cancer?

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Joe Biden’s office reported last week that he has been diagnosed with prostate cancer that has metastasized to his bones. They’ve also reported that he went the previous 11 years without a PSA test to screen for it.

At this point, his treatment options are limited. It’s impossible to cure metastasized prostate cancer. Hormone treatment can slow the cancer, but such treatment has side effects – it’s essentially reversible chemical castration, which reduces testosterone to about 5-10% of normal or less.

We’ll never know how much, if at all, Biden’s cancer is related to his cognitive impairments that are now widely acknowledged.  

As for his failure to get PSA tests for 11 years, his office and his media allies point out that some (but not most) medical authorities recommend against PSA tests for men over a certain age, typically something like 70 or 75.

In my opinion, that cutoff, even if adopted, should not apply to a person tasked with Joe Biden’s responsibilities, but that’s a different column. This column is about using such a cutoff for ordinary men.

Here are some of the pros and cons of skipping PSA tests for ordinary old men. Join the debate in the comments section below if you wish.

Cons for the PSA test in old men:

*Prostate cancer usually grows slowly. It’s a fact that more men die with prostate cancer than of it. The expected life span of a 75-year-old American man according to the actuarial tables is about 12 years. The expected life span of that man newly diagnosed with prostate cancer, if not treated, is not much shorter. It’s about 8 years, though the quality of the last few of those years is very poor.

*Given that prostate cancer is usually slow-growing, some cases are overtreated. The man winds up with the trouble of treatment, but no lengthening of his life span, because he dies anyway of something else. If the PSA test is not given to a man, and so the cancer is not discovered, then we can be assured that he will not be overtreated for it.  

*Treating prostate cancer costs taxpayers. The usual treatment is a prostatectomy or radiation therapy or sometimes both. In the case of men over 70, these costs are borne mainly by the Medicare system. It’s reasonable to assume that treating a man with prostate cancer costs somewhere between several tens of thousands of dollars up to a hundred thousand dollars or more.

*The PSA test sometimes produces a “false positive.” That is, a man will have an elevated PSA level suggestive of prostate cancer when, in fact, he does not have the cancer. This will lead to further testing to disprove the cancer. That testing would not have been necessary if the PSA test had not been given.

Pros for the PSA test:

*The PSA test itself costs hardly anything. The retail cost of a PSA test at LabCorp is $69. Medicare gets it for less.

*The PSA test is easy. It’s just one more little vial of blood filled from the same blood draw as the rest of an ordinary blood panel at a man’s annual physical.

*False positives are easily addressed. It is sometimes said that the occasional false positives of a PSA test result in “unnecessary treatment” but that’s not true. What it results in is further investigation in the form of non-invasive imaging and perhaps a tissue biopsy. The imaging is painless, though the biopsy is less so.

*Some prostate cancers kill quickly. The quick-killing ones, once discovered, can be distinguished from the slow-growing ones by ongoing monitoring. If warranted, they can be treated. If Joe Biden had received PSA tests as part of his ordinary annual medical exams, his rapidly advancing cancer would have been detected and would have been treated. Such treatment probably would have saved him from the cancer.

*Overtreatment in a minority of cases does not justify ignorance and non-treatment in the majority of cases. The solution to the problem of overtreatment of slow-growing cancers is not to stay ignorant of all cancers; it’s to avoid overtreating the slow-growing ones.

*Prostate cancer does kill. While it is true that the majority of men survive prostate cancer, it remains the number two cancer killer among American men (second only to lung cancer) simply because it’s very wide spread. It’s true that death by prostate cancer is usually slow but, to me, that makes it all the worse.

My personal opinion is that we should give the PSA test to old men, but use common sense in treating the cancers that are found. A slow-growing prostate cancer in a 78-year-old man with numerous co-morbidities and a life expectancy three years is a different story from a fast-growing prostate cancer in an otherwise healthy 73-year-old man with a life expectancy of 15 years.

Feel free to weigh in with your thoughts.