Category Archives: Importante

El Hon. Juez Kavanaugh

El Bandolero was nearly unable to constrain himself while watching el Circo Judicial del Senado de los Estados Unidos the other day. Instead of painting a sign and rushing to the capitol to protest, we have decided to author a rational analysis of the event. At the outset, one is faced with the question of the applicable standard of proof; whether it’s beyond a reasonable doubt, clear and convincing evidence, preponderance of the evidence, or something else that doesn’t have a legal definition (i.e. gut feeling). The next question is who has the burden of proof. Is the burden on the accuser to prove guilt? Or is the burden on the accused to prove innocence? Since it wasn’t a criminal proceeding, Constitutional presumption of innocence with the burden on the accuser to overcome it beyond a reasonable doubt wouldn’t necessarily apply. But, should we turn a blind eye to the principles underlying those precepts?

We could write a lengthy manuscript on the subject, but we’ll just skip ahead and say we concluded that the “preponderance of the evidence” standard should be applied, and found the evidence to rest in favor of the Judge. To reach a verdict in this case, it isn’t necessary to conclude with 100% certainty that “he’s lying” or “she’s lying”. In the absence of a video of an event, it’s rare to reach 100% objective certainty about whose version of an event is accurate. Note the the word “objective” in that sentence. “Objective” means not infused with bias, predisposition or agenda. When stripped of bias, predisposition and agenda, the preponderance of objective and reliable (e.g. credible) evidence left the scales tipped in favor of Judge Kavanaugh.

We should add that we felt a 35 year uncontroverted record of unblemished sterling conduct and reputation was entitled to some weight. Some would argue that no amount of good deeds can erase even one assault such as Ms. Ford described, nor erase lying about it if one knew he was guilty. But that argument has no application to the case unless one presupposes a “guilty verdict” notwithstanding the preponderance of the evidence.

Until objective and reliable evidence to the contrary is presented that tips the preponderance the other way, El Bandolero must support the appointment of Judge Kavanaugh to the Supreme Court of the United States. It remains to be seen what the FBI does or doesn’t come up with in its supplemental investigation. This, however, presents a whole ‘nuther question about whether it’s possible to get objective reliable evidence from the FBI. The Senators repeatedly pointed out that the FBI does not draw conclusions, it only gathers the evidence and reports it. The first image this brought to El Bandolero’s mind was James Comey’s press conference where he announced the FBI’s conclusion that the evidence did not warrant charges against a certain high ranking official who knowingly used a private personal server to send emails containing confidential government information.

Absolute Painting – Lawrence, Kansas

A friend of Bandolero recently hired Absolute Painting to paint the interior of a house in Lawrence, Kansas. Despite indications of incompetence after they started, the friend allowed them to paint the entire inside, walls and ceilings. Big mistake. One only needs to see one room to know they were incompetent. Turns out they were not only incompetent, they used watered down paint. It’s going to cost our friend several thousand dollars to fix the damages and get the place good enough to show prospective buyers. Bandolero really hates when somebody claims to be a professional when they are not. Even worse is peddling watered down paint! Bandolero issues this warning to the good people of Lawrence, Kansas: stay away from Absolute Painting. If you’re a bad person, hire them; you will get what you deserve.

One Flu Over the Cuckoo’s Nest

Bandolero has long had his sights on the Unholy Trinity of Big Pharma, Big Insurance and Big Med. Until they are made transparent, there is no hope for reformation of the health industry into something that is available and affordable to all. Congress struggles over legislation and gives us junk like Obama Care, or promises of other legislation that they tout depending on who is funding their campaign chests. All the while, legislators are either unwilling or too dumb (or, most likely, both) to pierce the veil behind which the Unholy Trinity conspires, in violation of anti-trust laws, to get richer and richer at the expense of the population. A recent article, Big Pharma Has The Flu, in Wired Magazine caught our attention by actually referring to “Big Pharma”. At least Bandolero is not alone in his recognition of the nature of the beast. It spotlights the enormous profits reaped by Big Pharma from sales of flu vaccines that have only limited effectiveness, and the reason why Big Pharma has no incentive to do better. In the end, however, the author seems to mostly blame the inherent nature of capitalism for Big Pharma’s failure to produce an effective vaccine, and to suggest that it will take funding on the level of the Gates Foundation to make an effective vaccine possible. What the author overlooked is that Big Pharma itself could fund the research and development necessary to create an effective vaccine, especially if Big Insurance and Big Med were to throw in some of their money. It ain’t gonna happen. Too many CEO’s, directors and shareholders are not in the game for the purpose of improving or protecting the health and well being of the common man (er, common person). They’re in it for the purpose of improving and protecting their own wealth and lifestyle. It’s not in their financial interest to spend money to create an effective flu vaccine. It is in their financial interest to spend money to buy Congress, the biggest cuckoo’s nest in history. It’s a lot cheaper.