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 hungoverwe’ve been bailed outwe’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.
Israel and the Palestinians sign a major accord; President George W. Bush takes responsibility for the federal response to Hurricane Katrina; Attica prison uprising ends; Rapper Tupac Shakur dies. (Sept. 13)
Something to Think about, Breakfast News & Blogs Below
“The Star-Spangled Banner“ is the national anthem of the United States of America. The lyrics come from “Defence of Fort McHenry”, a poem written in 1814 by the 35-year-old lawyer and amateur poet, Francis Scott Key, after witnessing the bombardment of Fort McHenry by the British Royal Navy ships in Chesapeake Bay during the Battle of Fort McHenry in the War of 1812.
The poem was set to the tune of a popular British drinking song, written by John Stafford Smith for the Anacreontic Society, a men’s social club in London. “The Anacreontic Song” (or “To Anacreon in Heaven”), with various lyrics, was already popular in the United States. Set to Key’s poem and renamed “The Star-Spangled Banner“, it would soon become a well-known American patriotic song. With a range of one and a half octaves, it is known for being difficult to sing. Although the song has four stanzas, only the first is commonly sung today, with the fourth (“O thus be it ever when free men shall stand…”) added on more formal occasions. In the fourth stanza, Key urged the adoption of “In God is our Trust” as the national motto (“And this be our motto: In God is our Trust”). The United States adopted the motto “In God We Trust” by law in 1956.
“The Star-Spangled Banner” was recognized for official use by the Navy in 1889 and the President in 1916, and was made the national anthem by a congressional resolution on March 3, 1931 (46 Stat. 1508, codified at 36 U.S.C. § 301), which was signed by President Herbert Hoover.
Before 1931, other songs served as the hymns of American officialdom. “Hail, Columbia” served this purpose at official functions for most of the 19th century. “My Country, ‘Tis of Thee“, whose melody was derived from the British national anthem, also served as a de facto anthem before the adoption of “The Star-Spangled Banner.” Following the War of 1812 and subsequent American wars, other songs would emerge to compete for popularity at public events, among them “The Star-Spangled Banner.”
Japanese expat turns frustration with ordering from Amazon UK into a comic
Jamie Koide
Moving to a different country can be fun and exciting, but it can also be tough. Most expats go through a period of culture shock where they realize that some of the stereotypes they were led to believe about a certain country may not be true, and that the way things work in their new home may not always be an improvement on the way things were done back in their old one.
We’ve presented some things Japan doesn’t get right from a Westerner’s point of view in the past, but this time we’d like to show you a comic drawn by a Japanese illustrator living overseas, detailing some of the not-so-pleasant points of living in the UK and how some in particular made her quit shopping at Amazon.
Igor Stravinsky composed his Pogrebal’naya Pesnya (Funeral Song) in memory of his teacher, Nikolai Rimsky-Korsakov, shortly after Rimsky’s death in June 1908. The 12-minute work was performed only once, in a Russian symphony concert conducted by Felix Blumenfeld in the Conservatoire in January 1909, but was always thought to have been destroyed in the 1917 revolutions or the civil war that followed.
Stravinsky recalled it as one of his best early works, but could not remember the actual music.
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Stravinsky was 26 when The Funeral Song was performed and was by no means advanced as a composer. He was completely unknown outside Russia – and barely known even there. Yet in the next four years he would compose The Firebird, Petrushka and The Rite of Spring, transforming himself into the most notorious modernist of them all.
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There is a touching postscript to the story. Stravinsky was desperate to have his composition included in one or other of the memorial concerts being planned, and his surviving letters to Rimsky’s widow, to their son, Vladimir, and to the conductor Alexander Ziloti, positively cry out with the insecurity of a young composer who had never quite been accepted at the heart of musical St Petersburg and feared its judgment. They are the first hint of a split that would rapidly widen after Stravinsky’s dramatic successes in Paris. But by then of course, it hardly mattered.
“I am writing to you with an erection on my head and I am very much afraid of burning my hair”, wrote Nannerl Mozart to her brother Wolfgang Amadeus. What was being erected was a large hairdo on top of Nannerl’s head, as she prepared to pose for the Mozart family portrait.
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Maria Anna (called Marianne and nicknamed Nannerl) was – like her younger brother – a child prodigy. The children toured most of Europe (including an 18-month stay in London in 1764-5) performing together as “wunderkinder”. There are contemporaneous reviews praising Nannerl, and she was even billed first. Until she turned 18. A little girl could perform and tour, but a woman doing so risked her reputation. And so she was left behind in Salzburg, and her father only took Wolfgang on their next journeys around the courts of Europe. Nannerl never toured again.
But the woman I found did not give up. She wrote music and sent at least one composition to Wolfgang and Papa – Wolfgang praised it as “beautiful” and encouraged her to write more. Her father didn’t, as far as we know, say anything about it.
Did she stop? None of her music has survived. Perhaps she never showed it to anybody again, perhaps she destroyed it, maybe we will find it one day, maybe we already did but it’s wrongly attributed to her brother’s hand. Composing or performing music was not encouraged for women of her time. Wolfgang repeatedly wrote that nobody played his keyboard music as well as she could, and Leopold described her as “one of the most skilful players in Europe”, with “perfect insight into harmony and modulations” and that she improvises “so successfully that you would be astounded”.
Like Virginia Woolf’s imagined Shakespeare’s sister, Nannerl was not given the opportunity to thrive. And what she did create was not valued or preserved – most female composers from the past have been forgotten, their music lost or gathering dust in libraries. We will never know what could have been, and this is our loss.
Lubec, Maine
The story that goes with this picture is about Hopley Yeaton, the first officer commissioned (March 21, 1791) under the Constitution of the United States by George Washington into the Revenue Marines. By most Coast Guarders (of whom Alex Haley is one and I am not but… New London) he is considered the first Commandant.
So in a friendly gesture the Coast Guard dug him up and planted him in New London where you can lie on his grave and think about death.
Now even though his grave was threatened by development, that of his family were not and they remain six feet (more or less, it’s pretty rocky) under the sod in North Lubec, once a bustling industrial center and now a wasteland of corrugated metal strapped around concrete slabs that machines and production lines used to be anchored on.
The libertarian impulse would be to point out the decline in commerce stems from an EPA ruling that it was no longer cool to dump buckets of blood, fish guts, and chicken beaks and feet straight into the water until the bay was red with it.
Scavanger species went into a predictable decline. Yes, I like lobster and I know what they eat. Do you like Pollack, Haddock, and Cod?
Seagulls I can do without even if they are agreeable to a close up.
So Lubec North, South, East, and West is available for about a dime and it is a bustling hub of International commerce.
I still don’t think grave robbing is an acceptable practice but when in Rome… It certainly made things easier when I injured myself and had to exchange body parts after the beach amputation with shell edged tools.
What? I had seaweed to grind my teeth on. You guys are so effete.
Which brings us to Valhalla, New York and not by way of Wagner (Pfui!).
Resolutely nationalistic Russians want his body back. His great-great-granddaughter, Susan Sophia Rachmaninoff Volkonskaya Wanamaker, says “nyet.” Or she might, if she spoke Russian, but probably not. In a conversation about where his remains belong, she repeatedly used words like “dignity” and “respect.”
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The dispute over his burial place started last month, when Russia’s culture minister, Vladimir Medinsky, said that Rachmaninoff’s remains should be exhumed and sent to Russia. “The composer dreamed of being buried in Russia, that’s why returning his remains to his motherland would be a great deed,” he said, according to a report on the ministry’s website.
Ms. Wanamaker said Rachmaninoff had no such dream.
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(W)hile he died in Beverly Hills, Calif., on March 28, 1943, “the family’s roots in New York were deeper than their roots in Beverly Hills,” Ms. Wanamaker said. Rachmaninoff, who left his homeland to escape the Russian Revolution in 1917, had rented a house on Riverside Drive when he arrived in Manhattan in the 1920s. He became an American citizen eight weeks before he died.
Mr. Medinsky accused the United States of laying claim to Rachmaninoff’s legacy. “If you look at American sources, you’ll see that Sergei Rachmaninoff is a great American composer of Russian descent,” he said. “Americans are presumptuously privatizing the name of Rachmaninoff.”
That idea was echoed by Valery Poliansky, the president of the Rachmaninov Society in Moscow (the group spells his last name with a V). Mr. Poliansky told the Govorit Moskva radio station that “nobody in America needs him,” referring to Rachmaninoff, or his remains. “America doesn’t need anyone, except itself,” he said.
Ms. Wanamaker disputed that. “It’s not possible to privatize a name that’s well known,” she said, also noting that her great-great-grandfather “was always proud to be a Russian, even while he was living in exile in America.”
“There is no separating Sergei Rachmaninoff from Russia,” Ms. Wanamaker said. “His music is the embodiment of the Russian romantic spirit. It’s the embodiment of the Russian soul.”
She added, “I believe the name Rachmaninoff, because it’s recognized and respected, gives Medinsky a platform to spout his nationalism.” She suggested that Mr. Medinsky was “trying to politicize a personal choice” – Rachmaninoff’s decision to leave Russia and never return.
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Ms. Wanamaker said that Rachmaninoff, great as he was, was not the only one to think about.
“He rests next to his wife and his daughter,” she said, “and there’s no mention of moving them. So they want to separate his family, one that he fought to keep together through the Russian Revolution, through World War II? It’s simply unconscionable.”
My wishes? I want to go like El Cid. Shove a stick up my butt, light me on fire, and give my horse a slap on the ass.
The Bavarian royalty invited the citizens of Munich to attend the festivities, held on the fields in front of the city gates. These famous public fields were named Theresienwiese-“Therese’s fields”-in honor of the crown princess; although locals have since abbreviated the name simply to the “Wies’n.” Horse races in the presence of the royal family concluded the popular event, celebrated in varying forms all across Bavaria.
Oktoberfest is a 16-18 day festival held each year in Munich, Bavaria, Germany, running from late September to the first weekend in October. It is one of the most famous events in Germany and the world’s largest fair, with more than 5 million people attending every year. The Oktoberfest is an important part of Bavarian culture. Other cities across the world also hold Oktoberfest celebrations, modelled after the Munich event.
The Munich Oktoberfest, traditionally, takes place during the sixteen days up to and including the first Sunday in October. In 1994, the schedule was modified in response to German reunification so that if the first Sunday in October falls on the 1st or 2nd, then the festival will go on until October 3 (German Unity Day). Thus, the festival is now 17 days when the first Sunday is October 2 and 18 days when it is October 1. In 2010, the festival lasts until the first Monday in October, to mark the 200-year anniversary of the event. The festival is held in an area named the Theresienwiese (field, or meadow, of Therese), often called Wiesn for short, located near Munich’s centre.
Visitors eat huge amounts of traditional hearty fare such as Hendl (chicken), Schweinsbraten (roast pork), Schweinshaxe (ham hock), Steckerlfisch (grilled fish on a stick), Würstl (sausages) along with Brezn (Pretzel), Knödel (potato or bread dumplings), Kasspatzn (cheese noodles), Reiberdatschi (potato pancakes), Sauerkraut or Blaukraut (red cabbage) along with such Bavarian delicacies as Obatzda (a spiced cheese-butter spread) and Weisswurst (a white sausage).
First hundred years
In the year 1811, an agricultural show was added to boost Bavarian agriculture. The horse race persisted until 1960, the agricultural show still exists and it is held every four years on the southern part of the festival grounds. In 1816, carnival booths appeared; the main prizes were silver, porcelain, and jewelry. The founding citizens of Munich assumed responsibility for festival management in 1819, and it was agreed that the Oktoberfest would become an annual event. Later, it was lengthened and the date pushed forward, the reason being that days are longer and warmer at the end of September.
To honour the marriage of King Ludwig I and Therese of Bavaria, a parade took place for the first time in 1835. Since 1850, this has become a yearly event and an important component of the Oktoberfest. 8,000 people-mostly from Bavaria-in traditional costumes walk from Maximilian Street, through the centre of Munich, to the Oktoberfest. The march is led by the Münchner Kindl.
Since 1850, the statue of Bavaria has watched the Oktoberfest. This worldly Bavarian patron was first sketched by Leo von Klenze in a classic style and Ludwig Michael Schwanthaler romanticised and “Germanised” the draft; it was constructed by Johann Baptist Stiglmaier and Ferdinand von Miller.
In 1853, the Bavarian Ruhmeshalle was finished. In 1854, 3,000 residents of Munich succumbed to an epidemic of cholera, so the festival was cancelled. Also, in the year 1866, there was no Oktoberfest as Bavaria fought in the Austro-Prussian War. In 1870, the Franco-Prussian war was the reason for cancellation of the festival. In 1873, the festival was once more cancelled due to a cholera epidemic. In 1880, the electric light illuminated over 400 booths and tents (Albert Einstein helped install light bulbs in the Schottenhamel tent as an apprentice in his uncle’s electricity business in 1896). In 1881, booths selling bratwursts opened. Beer was first served in glass mugs in 1892.
At the end of the 19th century, a re-organization took place. Until then, there were games of skittles, large dance floors, and trees for climbing in the beer booths. They wanted more room for guests and musicians. The booths became beer halls.
In 1887, the Entry of the Oktoberfest Staff and Breweries took place for the first time. This event showcases the splendidly decorated horse teams of the breweries and the bands that play in the festival tents. This event always takes place on the first Saturday of the Oktoberfest and symbolises the official prelude to the Oktoberfest celebration
In the year 1910, Oktoberfest celebrated its 100th birthday. 120,000 litres of beer were poured. In 1913, the Braurosl was founded, which was the largest Oktoberfest beer tent of all time, with room for about 12,000 guests.
I have very fond memories of Oktoberfest. If you ever have the opportunity to visit Europe, do it in late September because this is a must see and experience.
Welcome to the Health and Fitness News, a weekly diary which is cross-posted from The Stars Hollow Gazette. It is open for discussion about health related issues including diet, exercise, health and health care issues, as well as, tips on what you can do when there is a medical emergency. Also an opportunity to share and exchange your favorite healthy recipes.
Questions are encouraged and I will answer to the best of my ability. If I can’t, I will try to steer you in the right direction. Naturally, I cannot give individual medical advice for personal health issues. I can give you information about medical conditions and the current treatments available.
You can now find past Health and Fitness News diaries here and on the right hand side of the Front Page.
I’m still traveling. The regular health and fitness will return next week.
As long as there are still peaches, plums, apricots, berries and nectarines to be had, I’m buying them up and making pies and galettes. A galette is a free-form pie, more rustic than a tart. Although they’re usually made with classic buttery pie dough or puff pastry, I’ve been working at developing a dough recipe that is delicate and tasty but not too rich. I decided that a yeasted dough could work, and came up with a formula that yields enough for two galettes but has only 60 grams of butter (about 4 tablespoons). The flavor is nutty and rich because of the whole-wheat flour, but the dough isn’t heavy. The trick is to roll it very thin, then freeze it right away so that it doesn’t continue to rise and become too bready, and also so that it’s easy to work with when you are ready to assemble the tart. The dough works beautifully for these free-form galettes.
Amy Schumer is as funny as Bill Murray, and I like Bill Murray a lot.
I hope she get the bulk of the time because I don’t much like Stephen King (it’s a jealousy thing, his style is too similar to my own). The musical guest is Troubled Waters.
According to the New York Times, Troubled Waters is an unknown Paul Simon tribute band, which makes sense considering the iconic singer/songwriter’s track “Bridge Over Troubled Water.” However, the group doesn’t have any social media presence–not a Facebook, Twitter or Soundcloud–so we’re going to wager that this is some elaborate prank. Will it be Paul Simon himself? Will Colbert go the “Fallon” route and do his best Paul Simon impression? Is it some to-be-named supergroup?
He hopes to have transgender inmates living with their preferred population before 2016.
But transgender inmates who choose to remain in segregated housing or to continue living with other inmates who share the their birth sex can do so, according to Kenya Briggs, a spokeswoman for the sheriff’s office.
I carry the perspective forward that the transgender population is marginalized on the streets of America. Consider how magnified that treatment is inside prisons and jails.
Stupid implies they were motivated by noble instincts and were merely misguided, ignorant, or incompetent.
Evil says they knew exactly what they were doing.
Unless you think everyone’s an idiot except you (which I do with ample justification but is not really relevant) I think you’ve got to come out somewhere on the evil side. Does the rot go to the top?
It is now seven years after Lehman’s senior officers’ frauds destroyed it and triggered the financial crisis. The Bush and Obama administrations have not convicted a single senior bank officer for leading the fraud epidemics that triggered the crisis. The Department’s announced restoration of the rule of law for elite white-collar criminals, even if it becomes real, will come too late to prosecute the senior bankers for leading the fraud epidemics. The Justice Department has, effectively, let the statute of limitations run and allowed the most destructive white-collar criminal bankers in history to become wealthy through fraud with absolute impunity. This will go down as the Justice Department’s greatest strategic failure against elite white-collar crime.
The Obama administration and the Department have failed to take the most basic steps essential to prosecute elite bankers. They have not restored the “criminal referral coordinators” at the banking regulatory agencies and they have virtually ignored the whistleblowers who gave them cases against the top bankers on a platinum platter. The Department has not even trained its attorneys and the FBI to understand, detect, investigate, and prosecute the “accounting control frauds” that caused the financial crisis. The restoration of the rule of law that the new policy promises will not happen in more than a token number of cases against senior bankers until these basic steps are taken.
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As a corporate executive once told a former Assistant Attorney General of ours: “[A]s long as you are only talking about money, the company can at the end of the day take care of me . . . but once you begin talking about taking away my liberty, there is nothing that the company can do for me.”(1) Executives often offer to pay higher fines to get a break on their jail time, but they never offer to spend more time in prison in order to get a discount on their fine.
We know that prison sentences are a deterrent to executives who would otherwise extend their cartel activity to the United States. In many cases, the Division has discovered cartelists who were colluding on products sold in other parts of the world and who sold product in the United States, but who did not extend their cartel activity to U.S. sales. In some of these cases, although the U.S. market was the cartelists’ largest market and potentially the most profitable, the collusion stopped at the border because of the risk of going to prison in the United States.”
As prosecutors, (real) financial regulators, and criminologists, we have known for decades that the only effective means to deter elite white-collar crimes is to imprison the elite officers that grew wealthy by leading those crimes (which include the largest “hard core cartels” in history – by three orders of magnitude). In the words of a Deutsche Bank senior officer, the bank’s participation in the Libor cartel produced a “mountain of money” for the bank (and the officers). Holder’s bank fines were useless – and the Department’s real prosecutors told him why they were useless from the beginning. No one, of course, thinks Holder went rogue in refusing to prosecute fraudulent bank officers. President Obama would have requested his resignation six years ago if he were upset at Holder’s grant of de facto immunity to our most destructive elite white-collar criminals.
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The Department’s top criminal prosecutor, Lanny Breuer, publicly stated his paramount concern about the fraud epidemics that devastated our nation – he was “losing sleep at night over worrying about what a lawsuit might result in at a large financial institution.” That’s right – he was petrified of even bringing a civil “lawsuit” – much less a criminal prosecution – against “too big to prosecute” banks and banksters. I lose sleep over what fraud epidemics the banksters will lead against our Nation. The banksters have learned to optimize “accounting control fraud” schemes and learned that they can grow immensely wealthy by leading those fraud epidemics with complete impunity. None of them has a criminal record and even those that lost their jobs are overwhelmingly back in financial leadership positions. In the aftermath of the savings and loan debacle, because of the prosecutions and criminal records of the elites that led those frauds, no senior S&L fraudster who was prosecuted was able to become a leader of the fraud epidemics that caused our most recent financial crisis.
We have known for decades that repealing the rule of law for elite white-collar criminals and relying on corporate fines always produces abject failure and massive corporate fraud. We have known for millennia that allowing elites to commit crimes with impunity leads to endemic fraud and corruption. If the Department wants to restore the rule of law I am happy to help it do so. We have known for over 30 years the steps we need to take to succeed against elite white-collar criminals through vigorous regulators and prosecutors. We must not simply prosecute the current banksters, but also prevent and limit future fraud epidemics through regulatory and supervisory changes.
This week, the Justice Department felt the need to write a memo to staff instructing them to indict individuals when they commit crimes, seemingly something implied by their job titles. It doesn’t say as much about the current Justice Department regime under Loretta Lynch as it does about the former one under Eric Holder.
No major Wall Street executive went to jail for the illegal actions that precipitated the financial crisis, despite a mountain of documentary evidence of fraud. Corporations and their employees got away with what amounted to slaps on the wrist. And Holder, after presiding over this, joined the head of his Justice Department criminal division and several top deputies at Covington & Burling, a white-collar defense firm that represents most major banks.
You can draw a direct line from this failure back to the “Holder memo,” written when he served as a deputy in the Clinton Justice Department. That memo created the “collateral consequences” policy, arguing that prosecutors who seek criminal cases against large companies should take into account innocent victims who may get hurt. It laid out a host of alternative remedies, such as fines and deferred prosecution agreements.
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The Justice Department would not have attempted to make this change without full recognition of the loss of public trust its actions over the past several years have engendered. Relentless criticism of the lack of white-collar prosecutions had an impact, and those who participated in that conversation should be proud.
But at this point, guidelines won’t do the trick, only actions will – a genuine effort to make the concept of justice more than a punch line. This is the beginning of a real overhaul in mindset at the Department of Justice. Hopefully, the resources and training needed to undertake wide-ranging investigations will accompany the guidelines. Hopefully, U.S. Attorneys and FBI agents will be allowed to do their jobs. Hopefully, settlements with corporations no longer represent a dead end of accountability. Hopefully, the Justice Department will live up to its name.
DPAs usually arise out of the company disclosing misconduct and convening an internal investigation with some Assistant AG, promising full cooperation. The company gets credit for remedial conduct prior to the settlement, essentially setting their own punishment. And typically, DPAs are not paired with prosecutions for individuals committing the crimes.
So let’s look at the DPA that could bring this cozy situation crashing down. DoJ headlined back in June 2014 that Fokker Services BV would forfeit $10.5 million for selling aircraft parts and services to customers in Iran, Burma and Sudan. There was a parallel civil settlement with the Treasury Department’s Office of Foreign Assets Control (OFAC) to pay an additional $10.5 million. If you go down the press release, you find that Fokker received $21 million in gross revenue for these 1,153 illegal transactions, so the penalty was simply to give back what they received. Now they’re out a bunch of aircraft parts, one assumes, and I don’t really know the markup here. But that doesn’t seem too taxing.
In fact, in the DPA itself, we learn that “at least $21 million” was involved in the transactions. So it’s not possible to know what, if any, financial penalty was imposed. And FWIW, the civil penalty for the crime FSBV committed could have been as high as $51 million, per corporate law firm Akin Gump.
FSBV had to “accept responsibility” for its actions and really do little else. They agreed to cooperate with any matters relating to this investigation, making documents and individual employees available. For what purpose I have no idea, since nobody at FSBV has been indicted for this, 4 years after the company disclosed everything. FSBV must also continue to apply what it has already implemented voluntarily, namely compliance programs to prevent it from continuing to break the law. And… that’s about it. Plus, “in consideration of FSBV’s remedial actions to date,” this “punishment” all goes away within 18 months.
So I can see why Judge Richard Leon rejected this deal back in February, calling it “grossly disproportionate” and that “it would undermine the public’s confidence in the administration of justice and promote disrespect for the law… to see a defendant prosecuted so anemically for engaging in such egregious conduct.”
Just as a sidebar, I have a problem with a Dutch company being prosecuted by the United States for trading with other countries. There are a series of “trading with the enemy” type of laws that put the U.S. in the position of world trading policeman, sometimes for inscrutable reasons. But as long as that law is on the books, sentencing an offender to give back (some? all?) of their profits and promise not to do it again does seem a bit thin.
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DoJ and FSBV jointly appealed Judge Leon’s order, saying he exceeded his authority. When the law enforcement agency and the offending entity end up on the same side of a lawsuit, well, it certainly doesn’t look great.
So this week we’ll have arguments in the 1st Circuit Court of Appeals D.C. Circuit Court of Appeals (h/t Abigail Field). And I don’t really know what DoJ will have to say for themselves. These are the kind of craptastic agreements they’ve been making with corporate offenders for the entire Holder era (Holder, last seen just hanging out at his awesome new office at Covington & Burling, was AG when this DPA was made). Presumably they’ll avoid the specifics and just claim that judges can’t have the temerity to reject contractual agreements made by two sides, and how this would damage the separation of powers, prosecutorial discretion, &c.
But judges have held up DPAs in the past, though they were eventually approved. And considering that DoJ can also file a non-prosecution agreement, which don’t require court approval, there’s obviously some role for judges to play here. If you want to get judicial approval, you can’t expect that approval to come automatically. And if the goal is to extract the proper consequences out of a corporate offender, a judge resisting settlements that are overly lenient can only enhance DoJ’s efforts.
Of course, that isn’t what DoJ is after. They would rather settle these matters quietly, write a press release, and then get a judge to bless it to get buy-in from another branch of government, so if anyone questions the slap on the wrist they can say “well a judge approved it.”
Legally this is a jump ball; DoJ could easily wriggle off the hook here. But if the 1st Circuit D.C. Circuit blows up this little charade, they will have to make their terrible deals without a patina of outside approval. Or maybe, horror of horrors, they’ll have to do their job properly.
The only woman to be awarded the Medal of Honor, America’s highest military honor, was a civilian and a surgeon. Dr. Mary Edwards Walker served the US military as a volunteer surgeon during the American Civil War and for a short time, she was held in a Confederate prison after crossing enemy lines to assist with civilian casualties.
At the beginning of the American Civil War, she volunteered for the Union Army as a civilian. At first, she was only allowed to practice as a nurse, as the U.S. Army had no female surgeons. During this period, she served at the First Battle of Bull Run (Manassas), July 21, 1861 and at the Patent Office Hospital in Washington, D.C. She worked as an unpaid field surgeon near the Union front lines, including the Battle of Fredericksburg and in Chattanooga after the Battle of Chickamauga. As a suffragette, she was happy to see women serving as soldiers and alerted the press to the case of Frances Hook in Ward 2 of the Chattanooga hospital.
In September 1862, Walker wrote to the War Department requesting employment on Secret Service to spy on the enemy, but the offer was declined. Finally, she was employed as a “Contract Acting Assistant Surgeon (civilian)” by the Army of the Cumberland in September 1863, becoming the first-ever female surgeon employed by the U.S. Army Surgeon. Walker was later appointed assistant surgeon of the 52nd Ohio Infantry. During her service, she frequently crossed battle lines, treating civilians.
On April 10, 1864, she was captured by Confederate troops and arrested as a spy, just after she finished helping a Confederate doctor perform an amputation. She was sent to Castle Thunder in Richmond, Virginia and remained there until August 12, 1864, when she was released as part of a prisoner exchange. While she was imprisoned, she refused to wear the clothes provided because they were more “becoming of her sex.” Walker was exchanged for a Confederate surgeon from Tennessee on August 12, 1864.
She went on to serve during the Battle of Atlanta and later as supervisor of a female prison in Louisville, Kentucky, and head of an orphanage in Tennessee.[
After the war, Dr. Walker was awarded the Medal of Honor on November 11, 1865 by President Andrew Johnson on the recommendations of Generals William Tecumseh Sherman and George Henry Thomas. The citation reads:
Whereas it appears from official reports that Dr. Mary E. Walker, a graduate of medicine, “has rendered valuable service to the Government, and her efforts have been earnest and untiring in a variety of ways,” and that she was assigned to duty and served as an assistant surgeon in charge of female prisoners at Louisville, Ky., upon the recommendation of Major-Generals Sherman and Thomas, and faithfully served as contract surgeon in the service of the United States, and has devoted herself with much patriotic zeal to the sick and wounded soldiers, both in the field and hospitals, to the detriment of her own health, and has also endured hardships as a prisoner of war four months in a Southern prison while acting as contract surgeon; and Whereas by reason of her not being a commissioned officer in the military service, a brevet or honorary rank cannot, under existing laws, be conferred upon her; and Whereas in the opinion of the President an honorable recognition of her services and sufferings should be made. It is ordered, That a testimonial thereof shall be hereby made and given to the said Dr. Mary E. Walker, and that the usual medal of honor for meritorious services be given her.
She became a writer and lecturer, supporting such issues as health care, temperance, women’s rights and dress reform for women. She was frequently arrested for wearing masculine styled clothing and insisted on her right to wear clothing that she thought appropriate. She wrote two books that discussed women’s rights and dress.
Mary Edwards Walker was a supporter of the women’s suffrage movement. She was a member of the central woman’s suffrage Bureau in Washington. During her time as a member, she solicited funds to endow a chair in the medical school at Howard University to be filled by a woman professor. Walker attempted to register to vote in 1871, but was turned away. The initial stance of the movement, taking Dr. Walker’s lead, was to claim that women already had the right to vote, and Congress need only enact enabling legislation. After a number of fruitless years taking this stance, the movement took the new tack of working for a constitutional amendment. This was diametrically opposed to Mary Walker’s position, and she fell out of favor with the movement. She continued to attend conventions of the suffrage movement and distribute her own brand of literature, but was virtually ignored by the rest of the movement. Her penchant for wearing male-style clothing, including a top hat, only exacerbated the situation. She received a more positive reception in England than in the United States. In 1907, Walker published a work on “Crowning Constitutional Argument” to state her views. Walker argued that some states, as well as the Constitution, had already granted women the right to vote. She testified on women’s suffrage in 1912 and 1914 before the U.S. House of Representatives.
Walker died on February 21, 1919, from natural causes at the age of 86 and is buried in Rural Cemetery Oswego, New York. She had a plain funeral, but an American flag was draped over her casket and she was buried in her black suit instead of a dress. Her death in 1919 came one year before the passage of the Nineteenth Amendment to the United States Constitution, which guaranteed women the right to vote.
The host of MSNBC’s “The Last Word,” Lawrence O’Donnell tells her story.
The Bavarian royalty invited the citizens of Munich to attend the festivities, held on the fields in front of the city gates. These famous public fields were named Theresienwiese-“Therese’s fields”-in honor of the crown princess; although locals have since abbreviated the name simply to the “Wies’n.” Horse races in the presence of the royal family concluded the popular event, celebrated in varying forms all across Bavaria.
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The only woman to be awarded the Medal of Honor, America’s highest military honor, was a civilian and a surgeon. Dr. Mary Edwards Walker 