Historic bridge remains at risk

johnLewisBridgeYou may wonder what happened to that historic one-lane bridge on Featherbed Lane that VDOT seemed inclined to alter or destroy.

Well VDOT is having another meeting on February 9, 2016, at 6 p.m. at the Old School in Waterford, and the bridge is still on the chopping block.

There is an effort by the Catoctin Creek Scenic River Advisory Committee to preserve the bridge’s historic standing and maintain its listing in the National Registry of Historic Places and in Virginia Landmarks Registry.

In 2003, VDOT “hot zinced” the bridge to preserve it and instead made the bridge more brittle.

According to the Advisory Committee, VDOT now admits that may have been the wrong thing to do.

The challenge is to repair the bridge consistent with the recommendation of Virginia’s Department of Historic Resources.

Marc Holma, the Architectural Historian, for the Division of Review and Compliance, wrote on behalf of the Department, that “the Architectural Evaluation Team decided that only Alternative 2A [of VDOT’s proposals] would preserve enough of the bridge’s historic design and materials to keep it listed in the NRHP [Nation Register of Historic Places].”

johnLewisBridgePier

The Advisory Committee would prefer that this Alternative 2A not have a pier as when there are storms, trees and branches, they accumulate around the pier. The current configuration of the bridge has no pier.

The Advisory Committee said that you have to go out there after every storm clearing out the log jam when you have a pier or piling.

VDOT is distressed that trucks weigh too much and may have trouble clearing the upper trusses.

One resident asked why is a truck traveling on that road, much less the bridge.

Is this really a way to create new paved roadways to facilitate more development, rather than preserve and protect this charming back road and historic bridge?

On the northeast side of Featherbed Lane, just over the bridge, there is Waterford Downs, a development slated to have 93 homes on 3 Acre lots, with 5 built already.

For trucks to avoid the dirt road and the historic bridge, in order to get to the development, requires that the trucks go around on other roads, taking an additional 45 minutes.

These narrow dirt roads are not meant for such heavy traffic.

One member of the advisory committee suggested that, if the bridge is revised and widened, then the dirt road may be next to be widened and paved.

It remains a bitter irony that, while the bridge was named after a preservationist, John G. Lewis, its own chance of preservation is at high risk.

Mr. Lewis had been the local regional representative for the Virginia Historic Landmarks Commission, now known as the Department of Historic Resources.

John spearheaded the Scenic River designation for Catoctin Creek that flows beneath the bridge.

This tension may be resolved, either to preserve or destroy the bridge and its historic nature, at the meeting scheduled for February 9th in Waterford.

We should not squander another historic treasure. We have to make this work and save the bridge.

Del. Minchew tries to rig the Electoral College

hb1181Republican Delegate Randy Minchew (VA – 10) wants to bypass the core principle of a democratic system, the popular vote, in our most important election, the selection of President of the United States, bypassing “one man, one vote,” with his new political math, where “one man, is worth a fraction of a vote.”

This is somewhat of a variation of how a slave, before we fixed our constitution, was a fraction of a man for purposes of a state’s representation in congress though he couldn’t vote at all.

Randy concedes a fraction of an actual vote in his House Bill, 1181, but that’s far short of the constitutional mark and of fundamental fairness.

The National Republican Party has a scheme to have several state legislatures rig the state elections where they expect to lose by the popular vote, and thus to cheat to improve their chances by changing the rules.

Where do the Republicans think they may lose? Continue reading

Civilizing the savage man

leoRevenant“Revenant” is a gritty and terrifying western about Hugh Glass, a 19th Century frontiersman, left for dead after a mind-chilling, grizzly bear attack.

Glass crawls and limps, near death, bleeding from open sores, suffering unremitting pain, across hundreds of miles, to find and to kill the man who abandoned him who was charged with keeping him alive; Leonardo DiCaprio gives an Academy Award-winning performance as Glass in Alejandro Inarritu’s amazing movie.

It’s a primal story of survival, devotion, relentless cliff-hanging danger, disaster, betrayal, torment, violence, revenge, and human savagery.

This is a vivid rear view reflection on a society with little use for law or custom.

This is a world, both primitive and elemental, played out before sweeping scenic panoramas so wild and untamed that life is continuously at risk, both from the natural surroundings but also from the savage man.

Aristotle wrote that, “At his best, man is the noblest of all animals; separate from law and justice he is the worst.

In the movie, Revenant, man is at his worst.

Revenant is an excursion into savagery and teaches the value of law and civility. Continue reading

A King who cared for labor

Labor marching to honor Martin Luther King in 2015 (photo by JPF)

Labor marching to honor Martin Luther King in 2015 (photo by JPF)

The Reverend Martin Luther King compared himself to Moses who led his people out of slavery, saw the Promised Land, but never got there himself.

In April of 1968, Martin Luther King was in Memphis, Tennessee supporting a garbage workers’ strike. Dr. King cared about workers.

On the evening of April 3rd, Dr. King told the congregation, “I don’t know what will happen now.” He said he’d “been to the mountain top” and “seen the Promised Land” but “I may not get there with you.”

His promise, however, was that “we, as a people, will get to the Promised Land.”

Toward evening, that next day, April 4th, King stepped out on the balcony of the Lorraine Hotel in Memphis, Tennessee.

A rifleman shot a .30-06 caliber bullet that broke Dr. King’s jaw, cut through his neck and spinal cord, and the slug lay spent in his shoulder blade. King died.

Robert Kennedy said in Indianapolis to a crowd that had not yet heard of King’s death that we must “tame the savageness of man and to make gentle the life of this world.”

We have an annual March in Loudoun County to honor Martin Luther King. Savageness, however, still abides in the body politic. Continue reading

Freedom of religion – not really! – ask any Muslim!

A famous Muslim temple – photo by John P. Flannery

A famous Muslim temple – photo by John P. Flannery

Bigots conceal their religious prejudice under the guise that they want to keep us safe and secure.

In fact, they compromise individual freedom, violate our constitution’s promise, foster more prosecutorial misconduct, and, prove what they’re really about is religious discrimination.

We’re talking about the reckless political trash talk demanding that our government surveil every Muslim Mosque in America.

America says it’s tolerant of all religions, and bound by our constitution to make no law prohibiting the free exercise of religion, but our historic record reveals a different story.

Starting in colonial times, America was brutal to Roman Catholics. Catholics were ridiculed for their beliefs, their churches burned, believers killed. A groundless fear that the papacy might direct our government almost kept that “upstart from Massachusetts,” Senator John F. Kennedy, from becoming President, even though our Constitution says – “no religious test shall ever be required as a qualification to any office…”

We decry anti-Semitism abroad but Jews in America have been denied access to jobs, clubs, colleges, and neighborhoods.

We are now focusing on the most recent assault by wrong-headed candidates and elected officials demanding a nationwide surveillance net cast over every mosque as a suspect harbor for Islamist terrorists.

No matter that President John Adams, in the Treaty with the Barbary States in 1797, assured Tripoli that “the Government of the United States of America is not, in any sense, founded on the Christian religion” and, further, that the United States had no “enmity against the laws, religion, or tranquility, of Mussulmen [Muslims].”

But does that mean we may not investigate a place of worship?

Not so but the devil is in the details as to how and when.

As a New York federal prosecutor, I tried a case with a pay-off to the French connection for a heroin shipment, the parking ticket for a heroin laden car for the “buy money,” passed in the first pew at St. Patrick’s Cathedral.

We didn’t know about it beforehand and no decent investigator was going to keep St. Patrick’s under surveillance ever after on the highly unlikely possibility it would ever happen again.

Compare how NSA identified Muslim “suspects” from 2002 to 2008.

The Snowden materials released to the Guardian in 2014 disclosed that NSA’s surveillance “training” materials referred to any individual “suspect” as “Mohammed Raghead,” quite revealing, and a “suspect” was anyone, (a), of Muslim faith, and, (b), politically active, despite the First Amendment prohibitions against the government “chilling” either speech or religion.

The real rub is that this “surveillance” required no suspicion of actual terrorism.

Worse, when our federal law enforcement finds no crime, they may create it, with promised grandiose rewards for doing things the FBI dictates be done. Continue reading

Resolution – to be honest and fair

wethepoeple

What ever happened to honesty and fairness as bedrock principles in American politics?

Many citizens no longer expect either.

It’s always been a challenge to gauge what’s true and fair but we have been in a politically toxic environment perhaps ever since we declared “the war on terror.”

Our public leaders encourage us, in response to matters off shore and here at home, to focus on individual risk and fear, and to encourage reprisal and violence.

Our worst leaders do it by being entirely dishonest and unfair.

We have one blustering presidential candidate, so nativistic, he wants a very tall thick impregnable wall across the length of our southern border with Mexico. What’s scary is so many don’t think this is a joke. Nor does anyone think it’s incredible to believe this candidate will get a border nation-state, Mexico, to pay for his wall.

We have another saber rattling candidate who wants to carpet bomb a mid-east nation and apparently believes that won’t encourage “terrorists” to come here and do the same to us.

There are those who want every citizen to buy a gun. My neighbors were shooting their guns after dark while I wrote this – “practicing,” I suppose, to defend against a home invasion or the unlikely event that ISIS might attack at or near Lovettsville’s Town Council.

The worst aspect of this dystopic demagoguery, so misleading in concept and execution, is that these “leaders” are indifferent to the devastating effect on the nation’s character, on how we may continue to make the historical claim that we are the land of the free and the home of the brave. Continue reading

A Magical Time!

German and British Troops together in “No Man’s Land”

German and British Troops together in “No Man’s Land”

The seasonal commercial onslaught notwithstanding, this is a magical time of the year, full of family, warmth, intimacy, compassion, togetherness, efforts to find one another, and abundant good will.

It has always been so, or so it seems, as the light of the sun is reborn, the rays shining longer day by day, a time when we renew ourselves from each other, resolving that for the next year, in the New Year, we will do things differently, reform ourselves but also perfect how we can deal better with each other.

While many of us watch film classics of the season about giving and risking for others, about the magic and miracle that is this holiday season, we don’t always appreciate the lesson.

About 100 years ago, somewhere in Flanders, in the Northern region of Belgium, there was singing in watery and flooded muddy pastures and trenches.

Some say guttural voices were first heard in German, singing, “O Tannenbaum,” and then other voices were heard in the King’s English, singing “The First Noel,” but the voices were conjoined when, in Latin, known to Germans and British alike, they could all sing together the familiar words, “Adeste Fidelis, laeti triumphantes.”

World War I had been underway for four months and it had wrongly been anticipated at the outset of the war that it would all be over in time for Christmas.  But it wasn’t.

Pope Benedict XV had suggested a truce for Christmas in early December, and the Germans had agreed but the British, French and Russians refused.

British and German troops were entrenched in parallel lines opposite each other, guns at the ready, under miserable conditions, with a patch of “No man’s land,” separating them north and south, each nation-state’s troops “carefully taught” as to the fierce enemy that they were sworn to shoot and kill.

On Christmas Eve, the Germans placed Christmas trees with lit candles along the front.

It is most often said that a German, who spoke English, was the first to say, after some banter, “Tommy, you come over and see us.”  But the British said, according to one report, “Fritz, you come here.”

Soon they were standing together, in the middle ground, not on either side, amidst the wiry entanglements that separated them, in “No Man’s Land,” talking like they’d known each other for years, lighting each other’s cigarettes, trading pictures and buttons, comparing places they’d been in each other’s country.  They even engaged in soccer games on Christmas Day in the “No Man’s Land” that had been their killing field.  No commanding officer approved this Christmas truce.  Indeed, they opposed it.  But it went on for days and 100,000 “fighting” men from the British and German front participated.

Unfortunately, it didn’t last.  The war resumed.

In 1930 in the British Parliament, a British participant from 1914, Murdoch M. Wood, said, “The fact is that we did it, and I then came to the conclusion that I have held very firmly ever since, that if we had been left to ourselves there would never have been another shot fired.”

We are in that special season now, and we should take the sentiments of compassion and charity that we now celebrate into the rest of the year and that, rather than a retreat or truce from the hard life that can so suffocate what’s best about us, extend this season into the rest of the year, into everything else that we do, and resolve that this New Year it won’t be just losing a few pounds but shedding distrust for the possibility that we can do better in so many ways, as Murdoch Wood said, if left to ourselves, if we foster what’s best about ourselves, how we are in the best time of the year, in this season when the light and illumination grow day by day.

Prosecutors who cheat justice

John P. Flannery asked Judge Kozinski about criminal justice reform

John P. Flannery asked Judge Kozinski about criminal justice reform

Loudoun Circuit Court Judge Thomas D. Horne, as Chair of a “Special Committee on Criminal Discovery Rules,” sought to put a stop to prosecutors ambushing the Accused at trial and, even worse, from withholding evidence of innocence or wrongdoing cabined away by the prosecutor or by his investigators or witnesses; Judge Horne sought to bring “clarity and transparency” to the process.

Anybody who has suffered our criminal justice system knows that you get more information, by law, in a $500 bad debt civil case than if your freedom and reputation are on the line in a criminal case.

Judge Horne’s committee recommended reforms to the “system” to cure these defects. But the Supreme Court of Virginia accepted not one of the long needed reforms.

The best prosecutors in the Commonwealth and across the nation have an open file policy – meaning the Accused gets to see what’s in the prosecutor’s files – because these prosecutors believe their primary directive is to do justice, not to win at all costs.

When I was a federal and a state prosecutor we opened our case file because we knew an adversary for the Accused might see something we overlooked and, even when a witness might be at risk, we’d find a way to make critical information available.

It is an open secret that this nation’s dockets are awash in unjust convictions and too severe sentences because full and fair discovery of what the prosecution knows is withheld on a daily basis.

The most egregious prosecutorial lapses occur with information characterized as Brady, that is, evidence that contradicts the government’s charges, impeaches their witnesses, and mitigates against the more severe punishment the prosecutor is demanding.

US Chief Judge Alex Kozinski, from the Ninth Circuit federal appellate court, wrote in United States v. Olsen, 737 F. 3d 625 (9th Cir. 2013) – “[T] here is an epidemic of Brady violations abroad in the land.”

Judge Kozinski went further and said that there are too many “rogue investigators and forensic experts.” You’ve seen the reports of various federal and state labs impeached by bad practices and outright fraud including how the FBI estimated that over ten thousand cases going back to 1985 involved lab misconduct. Continue reading

We fiddle while the world warms

globalwarmgraphIt’s hard to believe there is any one on this planet not truly alarmed at our planet’s yearly warming, with huge glaciers melting, waters rising, islands submerging, weather systems changing, water supplies declining, droughts increasing, and, with the most advanced scientific observers saying, we may have passed the tipping point on our way to global disaster.

World leaders have converged on Paris and have a working outline how to address global warming while “leaders” in our Congress resist EPA efforts to restrain the outpouring of carbon emissions from fossil fuels.

“Climate change” is the term preferred by those who don’t get the science and believe somehow or other an unseen beneficent force will save the planet.

Comedian Robin Williams had a line in his stand-up act when the audience missed a joke. Williams would say, “Catch up!” We have some evidence that there are folk who never will.

The most sinister and deceitful participants in this crucial worldwide dialogue are the fossil fuel adherents, the oil and gas industry tools, and motor city defenders, resisting change to alternative energy sources, stifling the truth, busy buying politicians who put us all at risk, while recklessly flooding the air waves with false promises and assurances. They busy themselves publishing Disney fantasy claims, saying that coal can be clean, and that they are going to reduce carbon dioxide emissions – someday – if it doesn’t cost too much.

The average High School student knows that carbon dioxide is a gas unlike oxygen or nitrogen; that it’s not transparent to sun light, and that it blocks and traps infrared light rays when reflected back from the earth. Continue reading

The National Geographic’s “MARY”

mary-natgeoWhen I was a boy in the South Bronx parish of St. Pius, taught by Dominican nuns, my favorite prayer was, “the Hail Mary.”

I was often chosen to lead the Rosary, and I suspect it was because I recited the prayer rapidly.

To this day, I’ll say the Hail Mary, in times of stress and distress, out of those early devotions, as I did repeatedly, while my Mom was undergoing a life or death operation, for a bypass, a prayerful meditation asking that she survive, or die without much pain. She lived another ten years.

But I can’t say my Mother’s recovery from her almost immovable stone hard heart muscle was because I prayed. Nor did my Mom think that was the reason. But she did say afterwards she would never eat pork again, a respectful offering, out of respect for the pig valve that made her heart healthy again and for years afterwards.

In recent days, National Geographic chose as its cover story, Mary, and described her as “the most powerful woman in the world.”

In the past, Geographic has discussed religion and culture as an influence on nation states and tribes.

But has not given such a misleading title to a subject as this issue — for the article is in truth and fact about the cult of Mary and not about the Mary of the Church or of scripture.

So what happened?

After 127 years under the ownership of the not-for-profit National Geographic Society, the magazine and the Society’s assets have been taken over by Rupert Murdoch’s 21st Century Fox.

Murdoch’s purple prose publishing is already evident in this current cover, ascribing to a religious icon the appellation that she is the “most powerful.”

The Aryan image of this strawberry blonde Mary looking more like Cate Blanchett, rather than the more likely image of an historic Mary, perhaps olive skinned and dark haired, is unworthy of Geographic’s past amazing journalism, printed and photographic. Continue reading