September 2015 archive

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

September 24 is the 267th day of the year (268th in leap years) in the Gregorian calendar. There are 98 days remaining until the end of the year.

On this day on 1789, The Judiciary Act of 1789 is passed by Congress and signed by President George Washington, establishing the Supreme Court of the United States as a tribunal made up of six justices who were to serve on the court until death or retirement. That day, President Washington nominated John Jay to preside as chief justice, and John Rutledge, William Cushing, John Blair, Robert Harrison, and James Wilson to be associate justices. On September 26, all six appointments were confirmed by the U.S. Senate.

The U.S. Supreme Court was established by Article 3 of the U.S. Constitution. The Constitution granted the Supreme Court ultimate jurisdiction over all laws, especially those in which their constitutionality was at issue. The high court was also designated to oversee cases concerning treaties of the United States, foreign diplomats, admiralty practice, and maritime jurisdiction. On February 1, 1790, the first session of the U.S. Supreme Court was held in New York City’s Royal Exchange Building.

Lawrence Peter “Yogi” Berra has left the stadium for the last time. The iconic Yankees catcher passed away early this morning.

He retired after 2,120 major league games with a batting average of .285, and hit 358 home runs in his career. He played in more World Series games than any other Major League Baseball player, was a three-time American League Most Valuable Player, and was inducted into the Hall of Fame in 1972.

He won 10 World Series with the Yankees, and a further three after his playing career finished in coaching roles.

Berra also became well known for an array of colourful quotes, such as: “If you don’t know where you are going, you might wind up someplace else”; “When you come to a fork in the road … take it”; “It’s like deja vu, all over again”; and, reflecting on his reputation: “I never said most of the things I said.”

His “Yogi-isms” were repeated by presidents, businessmen, celebrities and anyone else who wanted to sound wise, funny, folksy, or all three. The cartoon character Yogi Bear was named after him, something he did not appreciate. “I don’t know why I say these things,” he once told Reuters. “But people understand me.”  [..]

Berra, survived by three sons – Larry, Tim and Dale – as well as 11 grandchildren and one great-grandchild, was once asked by Carmen: “Yogi, you are from St. Louis, we live in New Jersey, and you played ball in New York. If you go before I do, where would you like me to have you buried?”

Berra replied: “I don’t know, surprise me.”

In a speech Saturday at The New School in New York, Noam Chomsky explained why he believes the U.S. poses the greatest threat to world peace. “[The United States] is a rogue state, indifferent to international law and conventions, entitled to resort to violence at will. … Take, for example, the Clinton doctrine-namely, the United States is free to resort to unilateral use of military power, even for such purposes as to ensure uninhibited access to key markets, energy supplies and strategic resources-let alone security or alleged humanitarian concerns. And adherence to this doctrine is very well confirmed and practiced, as need hardly be discussed among people willing to look at the facts of current history.” Chomsky also explained why he believes the U.S. and its closest allies, namely Saudi Arabia and Israel, are undermining prospects for peace in the Middle East. “When we say the international community opposes Iran’s policies or the international community does some other thing, that means the United States and anybody else who happens to be going along with it.”

At 4:21 AM EDT, the Northern Hemisphere passed from Summer into Autumn as the sun passes over the equator heading south to give the Earth’s Southern Hemisphere its turn at Summer. The Autumnal Equinox is also known as: Alban Elfed, Autumn Equinox, Fall Equinox, Cornucopia, Feast of Avilon, Festival of Dionysus, Harvest Home, Harvest Tide, Mabon, Night of the Hunter, Second Harvest Festival, Wine Harvest, Witch’s Thanksgiving, and the first day of autumn. It is the second harvest, a time for gathering the Summer’s last fruits, giving thanks for the harvest and marking a celebration in gratitude as the soil and plants die away.

This year’s Harvest Moon happens on September 27 – 28 depending on your location on the globe. In North America, the crest of the moon’s full phase comes on September 27, at 10:51 p.m. EDT, 9:51 p.m CDT, 8:51 p.m. MDT or 7:51 p.m. PDT. The “Harvest Moon” is another name for the full moon that occurs closest to the autumnal equinox, which marks the change of seasons. The moon gets its name from the amount of light it emits, allowing farmers to continue harvesting the summer’s crops through the evening. This years harvest Moon is unique since it is also a super moon, when the moon’s orbit is closest to the earth. There is also full lunar eclipse that will give the moon a reddish hue as the earth’s shadow passes over its surface, thus the term “Blood Moon.”

On the night of Sept. 27 and into the early hours of Sept. 28, the full Moon will glide through the shadow of Earth, turning the Harvest Moon a golden-red color akin to autumn leaves.

The action begins at 9:07 PM Eastern Time on the evening of Sept 27th when the edge of the Moon first enters the amber core of Earth’s shadow.  For the next three hours and 18 minutes, Earth’s shadow will move across the lunar disk.

Totality begins at 10:11 PM Eastern Time.  That’s when the Moon is completely enveloped by the shadow of our planet.  Totality lasts for an hour and 12 minutes so there is plenty of time to soak up the suddenly-red moonlight.

he reason the Moon turns red may be found on the surface of the Moon itself. Using your imagination, fly to the Moon and stand inside a dusty lunar crater.  Look up. Overhead hangs Earth, nightside facing you, completely hiding the sun behind it. The eclipse is underway.

You might suppose that the Earth overhead would be completely dark.  After all, you’re looking at the nightside of our planet. Instead, something amazing happens.  When the sun is located directly behind Earth, the rim of the planet seems to catch fire! The darkened terrestrial disk is ringed by every sunrise and every sunset in the world, all at once. This light filters into the heart of Earth’s shadow, suffusing it with a coppery glow.

Back on Earth, the shadowed Moon becomes a great red orb.

A scientific myth is that day and night are equal around the entire world, not really:

Most Northern Hemisphere locations, however, do not see an exact 12-hour day until a few days after the fall equinox (and a few days before the spring equinox).

The main reason is atmospheric refraction: This bending of the sun’s light allows us to see the entire sun before and after it crosses the horizon. (By definition, actual sunrise occurs as soon as the upper edge of the solar disk appears above the horizon, while sunset occurs the moment the sun’s trailing edge disappears below it – though that’s not how our eyes see it.)

This helps explain why the day is slightly more than 12 hours long on the equinox. It also explains why places on the equator always see just over 12 hours of daylight year-round: It’s because of the angle from which they observe the sun.

Another of the myths connected to this celebration/time of year is the myth of Demeter and Persephone.  The Autumn Equinox signals the descent of Persephone back to the underworld to be with her husband, Hades and the Harvest Mother, Demeter’s mourning for her daughter…thus, the explanation of the dying back of plant life.  This myth gave explanation to our ancient ancestors for the changing of the seasons.  The symbolism that is present for us today is the letting go of our youth, child-bearing years and moving closer to the crone/elder part of our lives.  But it is only a preparation, the opening to what needs to be prepared when the Winter inevitably comes.

Welcome to The Breakfast Club! We’re a disorganized group of rebel lefties who hang out and chat if and when we’re not too hungover  we’ve been bailed out we’re not too exhausted from last night’s (CENSORED) the caffeine kicks in. Join us every weekday morning at 9am (ET) and weekend morning at 10:30am (ET) to talk about current news and our boring lives and to make fun of LaEscapee! If we are ever running late, it’s PhilJD’s fault.

This Day in History

Richard Nixon gives his ‘Checkers’ speech; Rome’s Augustus Caesar born; Lewis and Clark finish trek to America’s West; Psychologist Sigmund Freud dies; Musicians Ray Charles and Bruce Springsteen born.

Breakfast Tunes

Something to Think about over Coffee Prozac

The autumn wind is a pirate. Blustering in from sea with a rollicking song he sweeps along swaggering boisterously. His face is weather beaten, he wears a hooded sash with a silver hat about his head… The autumn wind is a Raider, pillaging just for fun.

Steve Sabol

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

September 23 is the 266th day of the year (267th in leap years) in the Gregorian calendar. There are 99 days remaining until the end of the year.

On this day in 1964, the Paris Opera, Palais Garnier, unveils a stunning new ceiling painted as a gift by Belorussian-born artist Marc Chagall, who spent much of his life in France. The ceiling was typical of Chagall’s masterpieces–childlike in its apparent simplicity yet luminous with color and evocative of the world of dreams and the subconscious. . . .

. . . . Andre Malraux, the French minister of culture, commissioned him to design a new ceiling for the Paris Opera after seeing Chagall’s work in Daphnis et Chloe. Working with a surface of 560 square meters, Chagall divided the ceiling into color zones that he filled with landscapes and figures representing the luminaries of opera and ballet. The ceiling was unveiled on September 23, 1964, during a performance of the same Daphnis et Chloe. As usual, a few detractors condemned Chagall’s work as overly primitive, but this criticism was drowned out in the general acclaim for the work. In 1966, as a gift to the city that had sheltered him during World War II, he painted two vast murals for New York’s Metropolitan Opera House (1966).

In 1977, France honored Chagall with a retrospective exhibition at the Louvre in Paris. He continued to work vigorously until his death in 1985 at the age of 97.

The unveiling of the ceiling coincided with the publication of “The Phantom of the Opera“ (“Le Fantôme de l’Opéra”) by Gaston Leroux.

It was first published as a serialization in “Le Gaulois” from September 23, 1909 to January 8, 1910. Initially, the story sold very poorly upon publication in book form and was even out of print several times during the twentieth century, despite the success of its various film and stage adaptations. The most notable of these were the 1925 film depiction and Andrew Lloyd Webber’s 1986 musical. The Phantom of the Opera musical is now the longest running Broadway show in history, and one of the most lucrative entertainment enterprises of all time.

Last week Democratic presidential candidate Hillary Clinton put the White House on notice that she could not wait much longer to take a stand about building the Keystone XL pipeline. The wait is over. At an Iowa event Secretary Clinton let her view be known.

Her fellow candidate, Sen. Bernie Sanders, who has opposed the pipeline since its inception, was “glad that Secretary Clinton finally has made a decision,” and welcomed “her opposition to the pipeline.”

While it’s disappointing she didn’t do this while she was Secretary of State, she did explain her reasons for opposing it now

“I was in a unique position as secretary of state at the start of this process, and not wanting to interfere with ongoing decision making that the President and Secretary (of State John) Kerry have to do in order to make whatever final decisions they need,” Clinton said. “So I thought this would be decided by now, and therefore I could tell you whether I agree or disagree, but it hasn’t been decided, and I feel now I’ve got a responsibility to you and voters who ask me about this.”

Considering the non-stop media coverage of Pope Francis’ arrival in Washington, DC, this will most likely be pretty much ignored by the news media.  

As you read this , you are reading history. Not in the sense that it is something memorable but in the sense that it has happened. So everything that we do or say, once said or done, is in the past one nanosecond later. Think about that and now apply it to the the Fourth Amendment and warantless searches by law enforcement.   The North Carolina Court of Appeals has now applied that logic to a ruling involving the search of a defendant’s  cell phone records without a warrant (pdf) through the backdoor of warrant that was tangential to the case.

Superior Court Judge Lucy N. Inman signed the order and Detective Mitchell submitted it to AT&T, the cellular phone service provider and holder of the account associated with the phone number. AT&T provided the records of the location of the cell phone tower “hits” or “pings” whenever a call was made to or from the cell phone. AT&T sent emails of the longitude and latitude coordinates of these historical cell tower “hits” to Detective Mitchell every fifteen minutes. Detective Mitchell testified an approximately five- to seven-minute delay occurred between the time the phone “pinged” a cell phone tower and the time AT&T received and calculated the location and sent the latitude and longitude coordinates to him.

Tim Cushing at Techdirt explains how the definition of “historical” has now been twisted to violate a defendant’s civil rights:

The defendant argued that the “real time” tracking of his location violated his Fourth and Fourteenth Amendment rights (as well as analogous parts of North Carolina’s constitution). The court doesn’t buy these arguments, citing the Stored Communications Act, which allows government entities to obtain certain third party records without a warrant. It says the difference between what’s been considered unconstitutional by several courts — obtaining real-time location information with a tracking device — isn’t what’s happening here.

It argues that because the police didn’t intercept these “records,” everything is above-board, even if the sought “historical” data included two days of “records” that were created after the court order was approved.

Several courts have held the SCA permits a government entity to obtain cell tower site location information from a third-party service provider in situations where the cell tower site location information sought pre-dates the court order and where the cell tower site location information is collected after the date the court order issues. Although the former may technically be considered “historical” while the latter is “prospective” in relation to the date of the court order, both are considered “records” under the SCA. The government entity only receives this information after it has been collected and stored by the third-party service provider.

In plainer English, this means law enforcement entities can seek “historical” records from the “future,” with the mitigating factor being that the records are collected by third parties first. A short delay of a few minutes is enough to call these records “historical” under this interpretation.  [..]

While the majority’s interpretation dilutes the meaning of “historical” by including location data yet to be generated under its warrantless wing, it does point out to possible future problems with the use of Stingray devices. These have often been deployed with the same sort of court orders, but contain the ability to track individual phones in real time. Once more details on these deployments come to light, the courts will be forced to confront a plethora of Fourth Amendment violations — at least if they’re going to remain consistent with this interpretation of “historical.”

Can you hear the sound of the shredder?