Thursday, October 28, 2021

A final Republic of China/People's Republic of China Showdown? Weighing the costs and benefits from a Red Chinese prospective. Part II

Flag of the Republic of Formosa, which existed for only a few months in 1895. By Jeff Dahl - Own work, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=3550776

But why, you may ask, would the Chinese risk such a move?

The answer to that would have to be found in the answer to the question, why do nations start wars?  And the answer to that is much more difficult to answer than we might suppose.

First, let's look at the risk v. the benefits to the People's Republic of China invading Taiwan.

The most obvious part of the answer to that question would be the one a wag would give. Red China would get Taiwan. But Taiwan in and of itself is obviously not the goal.

Nations do invade other nations simply for territorial gain, although that has become increasingly uncommon since World War Two.  Indeed, now it's very rare, and frankly it's been fairly rare since 1945.  When nations invade another country, if we assume that the Chinese view Taiwan as another country (and they don't, really) there's always more to it.  Indeed, the Second World War saw most of the real outright land grabs by aggressor states.  The last one I can really think of since World War Two was the Iraqi invasion of Kuwait in 1990, which had that feature.

Given that, for the most part when nations, post 1945, invade another, they have some claim of some sort to the territory they're seeking to incorporate.  Indeed, this was the case prior to 1945 as well, and a few of the minor aggressor states in the Second World War entered the war on the Axis side with this goal themselves.  Romanian sought, for example, to incorporate Moldova, which it borders and which is ethnically Romanian.  They went further than that, charged up with aggressor greed, but that was their primary goal.  Finland, which went into the "Continuation War" without greed, provides another example, and they actually stopped once they had reoccupied what they'd lost the prior year, not even going further and taking all the ethnically Finnish lands that they could have.  

That provides clue here really.  What the Chinese would really get is the Chinese population of Taiwan combined with the island and its strategic value, and the Republic of China's industrial base.

Okay, what of those.

Well, that may all be fairly illusory.

We'll start with the islands strategic position.  It's real. . . but not as real as it once was.

Taiwan, or Formosa if you prefer, is a major Western Pacific island and all the really big Western Pacific Islands have traditionally been island bastions.  Japan was an island bastion nation in and of itself, and it really still is.  The Philippines were an American bastion, although one that fell fairly rapid.  Taiwan was a  Chinese bastion, then a Japanese bastion, then a Nationalist Chinese bastion.

Or was it.

We noted the other day that Japan secured Taiwan as a result of the First Sino-Japanese War. At that time, Taiwan really made sense as a Japanese possession, even if that result was not just.  It provided a large island landmass off of China which gave it a base to protect its interests in China, or to mess with China if it wanted to, and it wanted to.

But, by 1941, its utility had diminished.  The United STates considered invading Taiwan rather than the Philippines in its advance toward the Japanese home islands, but it didn't.  That's partially due to political considerations, but it was partially as we didn't need to. That didn't mean, however, that the Japanese needed to quit defending it. They had to garrison it right until the end of the war.

And the Philippines themselves were abandoned by the US after the Vietnam War.  We just didn't need a base there anymore.  An American military commitment to the Philippines quietly remains, but it serves in a nearly clandestine way in an ongoing war against radical Muslim elements in the country.

The modern aircraft carrier, from the American point of view, made the Philippines unnecessary to us.

China doesn't have modern carriers. . . like ours. . .yet, but it's working on them.  But the real strategic value of the islands to China is that they're in the way.  If China was to get into a war with the United States, Formosa would be an American base against it, or at least we can presume so.  And it would be difficult for Chinese forces in the region to avoid it.  So, oddly enough, it might have what essentially amounts to a negative strategic value to China.  I.e., if they're thinking they're likely to fight the US, they need to grab it.

But that probably doesn't provide the motivation for grabbing the island, as China likely knows that the only way it gets into a war with the US is by providing one itself, such as by attacking Taiwan.

So what about Taiwan's industrial base?

Well, Taiwan does have an advanced economy.  It's more advanced than Red China's in fact.  That might be tempting, but in reality it surely isn't a consideration.  China's vastness and large-scale command economy enterprises really don't need Taiwan's more advanced corporate free market industries, and indeed, there'd be no guaranty that a war to seize Taiwan, or the Taiwanese themselves, might not wreck them.  And frankly, taking in millions of Chinese who have worked in a Western economy into a Communist command economy would be unlikely to go really smoothly.  That actually provides us with a clue as to why the Chinese might invade, actually, which we'll get to in a moment.

China would get the Taiwanese Chinese, many of whom had ancestors who left mainland China in 1948, together with those Chinese who left in 1948, or since. That's what they want, combined with lands that have been historically governed by China.

That may seem odd.  China doesn't have a deficit of people. But ethnic reunification has been a driving factor of wars over history and it's been particularly strong since 1918.  A lengthy post World War One period saw multiple border wars and invasions that were over nothing other than ethnicity.  Nations that had been imperial possessions fought to be independent single ethnicity nation states.  Nations with messy ethnic boundaries slugged it out in the 1920s over who got to rule those areas.  The first moves of Nazi Germany in 1938 and 1939 were excused by the Germans on this basis, although outright colonial and genocidal invasions followed, which were on a completely different basis.  

Since World War Two China has grabbed territory that what not Chinese, ethnically.  But here, its primary motivations are to accomplish that goal, reunification, and to assuage Chinese pride.  Taiwan is Chinese, in the PRC's mind, and they have a right to it.  That's the justification.

But is a justification upon which they're likely to act?

It certainly wouldn't be cost free.

Besides being involved in a war with the Republic of China, invading Taiwan obviously will provoke some sort of international reaction, and China knows that.

In recent years China has abandoned the Stalinist command economy model that it had for decades following 1948, complete with murder on a mass scale, and gone towards more of a command economy NEP model  It may have done that in part as it was a witness to the Stalinist model crashing in the late 1980s when the USSR found that it had run its course, and it was too late to adapt.  Chances are high that the NEP model will do the same, but the NEP model of Communism, being gentler and allowing for more liberty, if still falling far short of the Capitalist model, will forestall that for a while and probably has convinced the leaders of the Chinese Communist Party that they have a chance of avoiding its fall altogether.

If China invades Taiwan, however, they'll face an economic disruption at a bare minimum.

However, based on their observations of the West and how little it really does in this area, they may simply not really believe it.  Russia has managed to survive sanctions, for example. And the Chinese know that they're such a big part of the world's economy that they may feel that, for the most part, sanctions will simply be lip service.

And frankly, they'd have reason to believe that.

If they were wrong, however, it would be economically devastating.  And economics being what they are, China might not recover for decades, if ever.  Manufacturing might simply shift to the south and leave China with a massively failing market.  If so, it'd revert to Stalinism by default, if it could.

And it might not be cost free militarily.  

China certainly is building up its military, to be sure, but any invasion of the island would be bloody.  It might be really bloody if the United States intervened on Taiwan's behalf, which it very well would likely do.  Indeed, even with a limited strategic goal, it might be a rampaging naval failure which would send thousands of Chinese soldiers and sailors to a watery grave, and leave many more stranded on Taiwan in one way or another while the Republic of China cut them apart.  And a military failure on China's part would have long reaching implications of all sorts, including diplomatic, military and economic.

And even if it was successful, the primary achievement would be to take in 24,000,000 Chinese who have grown up and participated in a free market democratic state and who would be massively disgruntled in a Red Chinese one.  The Red Chinese have't seen the Chinese of Hong Kong, 7,000,000 in number, go quietly into the night even though there's nearly nothing they can do about the government in Beijing.

All that would be problematic enough, but there's already discontent in China itself.  The events of 1989 in Tiananmen Square showed that the young Chinese middle class isn't thrilled with their country's autocratic Communist government, and it also showed that elements of sympathy with students had crept into the Chinese Army.  Indeed, as the Chinese Army's makeup is regional in character, the Chinese had to bring in army units from outside the region to suppress the demonstrations. This ended up creating a sort of odd resistance movement in the form of the Fulun Gong, which is ongoing and which operates now partially out of the US, publishing the right wing propaganda newspaper for an American audience, The Epic Times (which absurdly claims that everything was nifty prior to 1948).

So the net result would be, best case scenario, to take in 25,000,000 new people who would be opposed to your reign in every fashion in exchange for an island that you only really need if you intend to be aggressive somewhere else, in a pre aircraft carrier naval fashion.  The worst result would be a bloody defeat that leaves the nation embarrassed and an international pariah.

So why do it?

Well, for a reason that has nothing to do with much of the above.

Lots of wars were fought after World War One solely on the question of whose nation a scrap of territory would be in.  The Poles fought to unite to newly established Poland territories that were Polish, or which had been at one time.  The Turks briefly tried to expand the border of Turkey into ancestral Turkish homelands.  Many other examples exist.  All of these are the flipside of national independence movements.  We're used to the concept of, for example, the Irish wanting to be free of the United Kingdom, but we don't often stop to think that this impulse isn't also what drives desires to do something like unite Ulster to the Irish state, even though it has a large non Irish population.  It's comparable to the Polish independence movements that existed during World War One which spilled out into wars and proxy wars after independence to secure territory that was Polish or had been.  Nations risk all to engage in that impulse.

And the Chinese government in Beijing is proud, wounded, and arrogant.

It's pride and history leave it convinced that it must take back all that was once Chinese, and that may be enough to cause it to act.

And its arrogance may be sufficient to override any concerns that the West would act. Recent history suggest that belief would not be irrational, although history also suggests that at some point, the reaction sets in.  Nobody helped the Czechs keep the Sudetenland in 1938. . . but when it came to Poland. . .

And history suggest that this impulse has a time element to it as well, which may motivate the Chinese to act.  People retain long memories, stretching back centuries, of their ethnicity. . . until suddenly they don't.

Lots of example of this abound.  All the Scandinavian people were at one time one people, but by the Renaissance they were no longer thinking of themselves that way and fought wars against each other in order to be ruled by one another.  At some point the Norwegians and Swedes simply weren't one people, even though they retain a mutually intelligible language now.  The Estonians and Finns were once one people as well, and then weren't. The connection is sufficiently close that Finnish volunteers came to fight for Estonia in its war of independence against Soviet Russia, but they didn't become one state.  The Scots were Irish early in their history, but don't conceive of themselves in that fashion at all now.  The Dutch were a Germanic people from the "far lands", but they've long had their own identity and don't think of themselves as German.  The Portuguese were Spanish at one time, but don't want to be part of Spain, and the Catalonians are Spanish, but don't want to think of themselves that way.

Going into perhaps more analogous examples, when Germany reunited following the collapse of the Communism in the West, the process was not only rocky, but some East Germans have never really accommodated themselves to it and some West Germans continue to look down on them.  Ethnic Germans from elsewhere, still eligible to enter the country under its law of return, have been completely foreign to Germans from Germany who have been shocked by them.

And up close and personal, young South Koreans are very quickly reaching the point that they don't want to reunite with the North, long a dream of the government in Seoul, as North Koreans now are more or less an alien Korean-speaking people.

At some point the Chinese in Beijing may start worrying about that.  It's already the case that the government in Taipei no longer claim the right to rule on the mainland.  Have they started thinking of themselves as a Chinese other? After all, there's more than one Chinese culture. . .why not add one more. . . one with its own state?

Keeping that from happening may be a Communist Chinese priority, and not for economic or even territorial reasons.

A final Republic of China/People's Republic of China Showdown? Part I.

Thursday, October 28, 1971. The House of Commons votes for British entry into the European Economic Community and the UK launches a satellite into orbit


On this date in 1971 the British House of Commons voted to join the European Economic Community.  This did not bring the UK into the EEC, however, but only supported a move to enter into negotiations to do so.

There had been two prior efforts to do so, but the EEC President at the time, Charles DeGaulle, had vetoed British entry.  DeGaulle had just stepped down from that position.  His leaving office, and the Commons vote, assured British entry in the near future.

On the same day, the UK became the sixth nation in the world to launch a satellite into orbit, something it undertook from Australia.  It sadly is the only such example from a British rocket, the UK having decided to abandon such efforts the prior July.

Both events were signs of British decline at the time. The UK had concluded that being a loner in space endeavors wasn't something it could do, and gave it up, never to return.  And reluctance to join the EEC, which the British had been a standoffish founder of, had been completely overcome, with all that meant, in the wake of a long-lasting post World War Two economic decline.  The sun was truly setting on the British Empire.

Tuesday, October 28, 1941. Lend Lease gets an office, How Green Was My Valley gets a film.

P-39L-1BE 44-4673 on its way to the Soviet Union. The P39 was a favorite of the Soviet Air Force, but never really well liked by the U.S.

The Office of Lend Lease Administration was established on this day in 1941 to oversee that effort, something I only am aware of due to the link below:

Today in World War II History—October 28, 1941

Lend Lease was a massive effort, suffice it to say, and was one of the primary ways in which the US helped bring about the Allied victory.

In the US, the classic film How Green Was My Valley, about Welsh miners, was released. The John Ford epic is highly regarded, as is the semi biographical book it is taken from, but I've not read the book nor seen the film myself.


The Germans reached Tula south of Moscow, but were stopped there. They would not take the city.

The troops that reached the border of the city were under Guderian's command.  While I can't find it offhand, I think that Tula is the city which Guderian made the really odd comment about "Tula, long drive, blond girl".

I have no idea what that means.

Lavrentiy Beria, Soviet Georgian, rapist, murderer and head of the Soviet NKVD had twenty former Soviet military officers and politicians executed in Kuybyshev.

In his capacity as an official murderer (rape was his hobby, being the bloody head of the NKVD his occupation) he was responsible for the deaths of thousands, but would go on to be executed following the death of his murderous patron, fellow Georgian Stalin, by natural. . . maybe, causes.

Australia opened its first diplomatic mission to China, opening it in Chunking due to wartime conditions in the country.

Friday, October 28, 1921. Honoring the Unknowns, the Kendrick's on the street, Recall

General Pershing decorates the tomb of Britain's unknown warrior. General Pershing accompanied by the Duke of Connaught inspecting the British Guard of Honor before entering Westminster Abbey, London, to decorate the tomb of Britain's unknown soldier.

October 28

1921  Eula Kendrick, the wife of Wyoming Senator John B. Kendrick, was photographed on the street in Washington D. C. on this day.


Mrs. Kendrick had been born in Round Rock, Texas in 1872 and was fifteen years Mr. Kendrick's junior.  Kendrick was also from Texas, and raised in a ranching family, Mrs. Kendrick, née Wulfjen, indicates that at the time of their marriage Greeley Colorado was her home.

The couple had two children and it was really Mrs. Kendrick who was the primary mansion of their famous Sheridan home, "Trail's End".  Mr. Kendrick's political career took off shortly after it was built, and he accordingly resided in it very little.

She far outlived her husband, dying in San Antonio in 1961.

The couple's daughter Rosa-Maye was also photographed at the same time.



She was sixteen years old on the day the family moved into Trail's End, and she would ultimately marry Hubert R. Harmon, an Army officer who courted her for five years prior to their marriage.  Harmon was an Army aviator and rose to the rank of Lt. General, making the switch to the U.S. Air Force when that service was separated.  She would publish a book of letters from London after she and her husband lived there, during which time he was posted there as a military attaché.  

Gen. Harmon was instrumental in the establishment of the United States Air Force Academy.  He was interned there following his death as was she, when she passed away in 1979.

In North Dakota, Lynn Frazier, the incumbent Governor, was recalled.  He was due to discontent with the agricultural depression in the state, but which was being experienced nationwide.  Frazier as a member of the left wing Nonpartisan League and conservatives objected to state ownership of industry, which Frazier supported and which to some degree North Dakota had.

Frazier would go on to be elected to the U.S. Senate the following year and would hold the seat until 1940.  He was a teacher and farmer by profession, and died in 1947.  He's one of only two U.S. governors to be recalled.

Wednesday, October 27, 2021

Blog Mirror: Southern Rockies Nature Blog: A Depressing Visit to the Cabela's Mothership

Growth for the sake of growth is the ideology of the cancer cell.
Edward Abbey

I haven't kept up on the Cabala's news, but frankly Cabela's in recent months have been a bit depressing.  So it wasn't a huge surprise when I read the Southern Rockies Nature Blog entry here:
Southern Rockies Nature Blog: A Depressing Visit to the Cabela's Mothership: Entrance to the Cabela's store in Sidney, Nebraska. I first visited Cabela's headquarters store in Sidney, Nebraska, when it was st...
My comment there:





I used to love Cabela's, probably the same way that some people loved the old Herter's catalog.  And it frankly had that model, it was a catalog store.  Herter's, for those who can recall it, also had a unique catalog that used to come full of outdoor gear and which also contained commentary from the owner of the store.  Herter's actually inspired the original owners of Cabela's with their business model, and as it began to come up it bought some lines, including foam decoys, from Herter's.  After Cabela's did that, in fact, Herter's slid into bankruptcy, ceasing to exist in 1981.

By that time, Cabela's was very much in the ascendancy. . .using the same model.  You'd get a catalog a couple of times a  year, but frankly the only one you really paid much attention to was the fall catalog, and maybe the winter catalog.  You could tell that these guys were out of small-town Nebraska.  The hunting stuff was waterfowl centric and good.

The Sidney store itself was a bit of a charming mess.  It was tiny, weirdly organized, and had the great "bargain cave" that was packed with great stuff wall to wall that somebody had returned.  I still have a pair of Chippewa packers boots that somebody had returned, something I could not have afforded otherwise, that I picked up there probably in 1989 or so, the first time I went there.

The people who worked there, moreover, were really knowledgeable.  Men from the town who were hunters themselves.  You had the impression that this was a part-time job that gave them extra money while they were doing something else. . . maybe working on the farm or something.

Then they moved to the highway.  

Lots of people hve fond memories of the huge headquarters out on the Interstate, but it was never as good as the downtown store. This doesn't mean it was bad, but it wasn't as good.

Well, the United States being what it is, a nation that's completely failed to grasp that Capitalism and Free Marketism are not the same thing, it was probably inevitable that the success of the headquarters interstate store meant that identical stores started popping up elsewhere.  The first one I was ever in was in Rapid City, and indeed I found something on sale there that I bought, so I shouldn't complain. That store and the one in Billings, weren't bad.  One then sprung up in Thornton Colorado, and frankly it's never been more than okay at best.  I still stop in there, but it's been uniformly disappointing in recent years.

In 2017 Bass Pro Shop came along and swallowed up Cabela's.

That was part of the capitalist anti-free market monopolistic impulse that inevitable as well. Bass Pro Shop was and is a big outfit.  Focused on southern bass fishing, it had built itself up into a huge retail chain.  At some point some of its catalogs wound up in my mailbox but unlike the Cabela's catalog, they usually ended up in the trash pretty soon after that.  I don't live in the South and while I fish, I don't do that kind of fishing.  When the merger, or buyout (more accurate), came, I worried that it would mean the end of Cabela's.

And it more or less has.

The Bass Pro Shop conglomerate owns Sportsman's Warehouse as well, and I can't say that I've seen a change there, as Sportsman's was never doing that well here, and it may have actually improved somewhat, but you can see the problem here.

And it doesn't have to be that way.

All giant retailers can and do exist as they have a corporate structure, and corporations are creatures of the government.

Eh?  What about free market and competition, and all that jazz?

Nope, they're creatures of the government.

It as the British who invented them, and more specifically, they came about due to British colonialism.  It simply wasn't possible to raise large amounts of capital, i.e, cash, from people who would risk it all, like it would if you were investing in a partnership, for giant colonial enterprises.

Here perhaps an example would best illustrate the situation.

If I'm looking to put together a bunch of cash to invest in a colonial enterprise in East India, and its going to take a lot of it, I'm going to have to get a lot of it from a lot of people. But most of those people are going to stay safe and warm in Old Blighty  So, when I go to Lord Smithers, or whomever, and as for £10,000 Sterling, and he asks how safe his investment is, if I’m honest I'm going to have to tell him about the risks, and part of that risks is that some competing enterprise or person might file suit against all the partners, if that's what we are, including Lord Smithers.  At that point, he'll probably decide to keep his silver and go back to forcing Scottish peasants off the land so he can raise sheep instead.

But, if I get Parliament to create a new legal creature, the corporation, I can tell Lord Smithers that all he's risking is his personal cash.  No individual liability at all. That's a much better deal.

Indeed, that will not only appeal to Lord Smithers, who has big amounts of spare cash, but also to the new middle class.  Lots of Mr. Jones, and Mr. Smiths, who don't have £10,000 Sterling, but who might have £10 or £20.

You get the point.

But there was a dark side to that which nobody anticipated at the time.  Sure, corporations allowed for the build up of lots of cash in a new economic system, capitalism, but nobody ever thought that it would be used for anything other than gigantic investment high-risk entities.  Sure, the East India Company (really the first true corporation) or the Hudson's Bay Company, but not retailers.  Indeed, early on corporations were restricted in their existence and took specific legislative acts in order to exist.  The first free corporations act, i.e., a bill allowing for parties meeting certain requirements simply to incorporate on their own, in the US first came about in 1811.  That New York act was restricted to manufacturing.  The first general incorporation act in the US didn't come about until 1896.

1896.

So when you hear all the stuff from confused free marketers about how this has always been, and how corporations should be free of government influences. . . well, they're creatures of government influence and haven't been around in the moder form all that long.

They've certain spread and like all businesses, they have a monopolistic instinct.  People may tell you that they're all hip and cool in competition, but truth be known, every business would prefer to be a monopoly. And that's why they buy each other. Medium-sized retailers buy out small ones, big ones buy out large ones, the goal is to be the only one.

The irony is that as this occurs, service doesn't really improve.  The larger things become, the less it knows about the local.

Indeed, Cabela's showed its Nebraska origin throughout its independent existence, which was okay if you were from a neighboring state.  And it somewhat got the neighboring states too, as its winter catalog and summer catalog showed. As noted, Bass Pro Shop never did.  Sportsman's Warehouse, even though it was founded in Utah, obviously didn't as it would stock stuff in its stores that you'd never use here.

On top of it, big v. small ultimately becomes a price v. quality war, which was probably part of Herter's problem.  Herter's stuff was good.  But at some point, the real attraction to big is low price to an extent.  This is only partially true of a niche store, like Cabela's, as part of it is also having stuff you can't find elsewhere.  Indeed, L. L. Bean, which has just started to go down the fatal extra retail outlet road, really had that down for eons.

The ultimate example of this is of course Walmart, whose low low prices have depressed the quality of retail goods in the US.  Things really aren't as good as they used to be in some categories, quality wise, because of Walmart, which is so aggressive in its desire to have the lowest prices in the universe that it's caused manufacturers of some durable goods to use cheaper components. Consumers don't see this.

All of this has done a bunch of different things to the American retail scene.  On one hand, it had really served to drive prices down.  It's also served to drive manufacturing overseas, although there's more to it than that, and its served to drive prices down as well.  And its drive local businesses out of existence.  Americans who praise this particular system in its current form, and there are many, probably more than who critique it, fail to note that at some point low low prices by a giant retailer mean that everyone has low low wages and can't afford to buy crap.  And indeed, there's also the problematic economic problem of the tendency of profits to decline, which has been theorized upon by every economist from Adam Smith on, but which capitalism ultimately can experience for some of the reasons we're noting, although there are many other factors and the rule isn't an iron clad one itself.

Anyhow, all of that gets back to this.

Chances are that a local sporting goods store, or even a small chain, may better serve your needs than a large one.  I've seen that a lot of times with sporting goods stores and chains, and I start to worry when one is so successful it begins to expand. I really worry when it starts to buy out its competition.

Probably the only real saving grace of all of this is that it tends to function much like the analogy noted above, if left untreated.  Things get so big, they cease to function efficiently, as they can't, and die.

That may be beginning to happen to the Bass Pro Gargantuan.  I still have my Cabela's card for some reason, but it does't have the attraction it once did.  And now, more often than not, I just drive by the one in Thorton or Billings and don't stop.  And my catalog isn't met with anticipation the way it once was, and it head for the round file pretty quickly.

I'll bet I'm not the only one.

A final Republic of China/People's Republic of China Showdown? Part I.

Soviet made landing craft.  The People's Republic of China uses some of these.

That's what one of the panelist on This Week predicted last weekend, within five years.

I.e., he predicted that the People's Republic of China, that is "Red China", will launch an invasion of Taiwan, in about five years.

President Biden was flatly asked if we'd militarily defend Taiwan.  Biden said we would, which actually isn't the officially stated American policy.  Rather "strategic ambiguity" is.  Beijing isn't supposed to not know if we'd fight or not, and therefore its strategic options are always subject to doubt.

And frankly it also ties into our recognition of the PRC, which we had no choice but to do and in fact were rather late in doing, as the official government of China.  

And it has to do with how the Chinese Civil War ended . . . or didn't.

When Chiang Kai-Shek had to abandon mainland China in 1948, he of course had to maintain that the Red Chinese, whom he'd been fighting for decades, were usurpers, and he'd come back.  And he may actually have hoped to.  For that matter, he may have tried it, on some level, but for the fact that the US 7th Fleet blocked him from doing it, and the Red Chinese from getting at Taiwan.

But it also gave us a legacy in which the Chinese Nationalist continued to claim that they, and not the Chinese Communists, were the legitimate government, and they'd come back some day.  It wasn't until the early 1970s when we finally gave up on that.  Nationalist China accommodated itself to that over time, and over a very long time it opened up to democracy. That gave rise to competing political views and the current party in charge officially sanctions Taiwanese independence, but hasn't declared it.

It hasn't declared it as its so risky.  The Chinese Communists may have fought the Nationalist for years, but there were things that they agreed on, and a "one China" policy was one of them.  They're committed to reunifying the country.

Except that Taiwan should never have been part of China.

The Taiwanese, who are minority in their own land, are their own ethnicity.  Their island was annexed to the Qing Dynasty in China in 1683, which is a few years back, which held it until 1895, when the Japanese got it during the First Sino-Japanese War.  The Japanese held it until 1945, at which time China got it back.

A chance to grant it independence was therefore missed.

As it has happened, there are more Chinese in Taiwan that Taiwanese, and of course Red China wants it back.  And they've been demonstrating their military capacity to take it.

Which really doesn't encourage a reunification.

That's probably supposed to scare us, and the Chinese would have reason to believe that we scare easily.  The Taliban, after all, scared us out of Afghanistan and the NVA and VC scared us out of South Vietnam.  The Red Chinese no doubt are calculating whether we'd fight, but strategic ambiguity probably isn't something that has them quaking in their boots.

Frankly, right now, I don't know if I believe it.  I believe Biden probably would intervene in a Red Chinese invasion. Trump?  I doubt it.  

Of course a formal treaty with Taiwan would effectively accord it recognition as its own sovereign nation.  You don't enter into treaties with rebel provinces, after all

Which brings us back to an invasion.

Will the Red Chinese risk it?

And what all do those risks entail?

Monday, October 27, 1941. Navy Day. Chicago Tribune limits Japanese capacity to strike, Germans break out.

Honolulu prior to World War Two.

President Roosevelt called for the arming of merchant ships in his Navy Day address on this day in 1941.

Five months ago tonight I proclaimed to the American people the existence of a state of unlimited emergency.

Since then much has happened. Our Army and Navy are temporarily in Iceland in the defense of the Western Hemisphere.

Hitler has attacked shipping in areas close to the Americas in the North and South Atlantic.

Many American-owned merchant ships have been sunk on the high seas. One American destroyer was attacked on September 4. Another destroyer was attacked and hit on October 17. Eleven brave and loyal men of our Navy were killed by the Nazis.

We have wished to avoid shooting. But the shooting has started. And history has recorded who fired the first shot. In the long run, however, all that will matter is who fired the last shot.

America has been attacked. The U. S. S. Kearny is not just a Navy ship. She belongs to every man, woman, and child in this Nation.

Illinois, Alabama, California, North Carolina, Ohio, Louisiana, Texas, Pennsylvania, Georgia, Arkansas, New York, Virginia -- those are the home States of the honored dead and wounded of the Kearny. Hitler's torpedo was directed at every American, whether he lives on our seacoasts or in the innermost part of the Nation, far from the seas and far from the guns and tanks of the marching hordes of would-be conquerors of the world.

The purpose of Hitler's attack was to frighten the American people off the high seas -- to force us to make a trembling retreat. This is not the first time he has misjudged the American spirit. That spirit is now aroused.

If our national policy were to be dominated by the fear of shooting, then all of our ships and those of our sister republics would have to be tied up in home harbors. Our Navy would have to remain respectfully -- abjectly -- behind any line which Hitler might decree on any ocean as his own dictated version of his own war zone.

Naturally, we reject that absurd and insulting suggestion. We reject it because of our own self-interest, because of our own self-respect, because, most of all, of our own good faith. Freedom of the seas is now, as it has always been, a fundamental policy of your Government and mine.

Hitler has often protested that his plans for conquest do not extend across the Atlantic Ocean. But his submarines and raiders prove otherwise. So does the entire design of his new world order.

For example, I have in my possession a secret map made in Germany by Hitler's government -- by the planners of the new world order. It is a map of South America and a part of Central America, as Hitler proposes to reorganize it. Today in this area there are 14 separate countries. The geographical experts of Berlin, however, have ruthlessly obliterated all existing boundary lines; and have divided South America into five vassal states, bringing the whole continent under their domination. And they have also so arranged it that the territory of one of these new puppet states includes the Republic of Panama and our great life line - the Panama Canal.

That is his plan. It will never go into effect.

This map makes clear the Nazi design not only against South America but against the United States itself.

Your Government was in its possession another document made in Germany by Hitler's government. It is a detailed plan, which, for obvious reasons, the Nazis did not wish and do not wish to publicize just yet, but which they are ready to impose a little later on a dominated world -- if Hitler wins. It is a plan to abolish all existing religions - Protestant, Catholic, Mohammedan, Hindu, Buddhist, and Jewish alike. The property of all churches will be seized by the Reich and its puppets. The cross and all other symbols of religion are to be forbidden. The clergy are to be forever silenced under penalty of the concentration camps, where even now so many fearless men are being tortured because they have placed God above Hitler.

In the place of the churches of our civilization, there is to be set up an international Nazi church -- a church which will be served by orators sent out by the Nazi government. In the place of the Bible, the words of Mein Kampf will be imposed and enforced as Holy Writ. And in place of the cross of Christ will be put two symbols -- the swastika and the naked sword.

A god of blood and iron will take the place of the God of love and mercy. Let us well ponder that statement which I have made tonight.

These grim truths which I have told you of the present and future plans of Hitlerism will, of course, be hotly denied tonight and tomorrow in the controlled press and radio of the Axis Powers. And some Americans - not many - will continue to insist that Hitler's plans need not worry us and that we should not concern ourselves with anything that goes on beyond rifle shot of our own shores.

The protestations of these American citizens -- few in number -- will, as usual, be paraded with applause through the Axis press and radio during the next few days in an effort to convince the world that the majority of Americans are opposed to their duly chosen Government and in reality are only waiting to jump on Hitler's band wagon when it comes this way.

The motive of such Americans is not the point at issue. The fact is that Nazi propaganda continues in desperation to seize upon such isolated statements as proof of American disunity.

The Nazis have made up their own list of modern American heroes. It is, fortunately, a short list. I am glad that it does not contain my name.

All of us Americans, of all opinions, are faced with the choice between the kind of world we want to live in and the kind of world which Hitler and his hordes would impose upon us.

None of us wants to burrow under the ground and live in total darkness like a comfortable mole.

The forward march of Hitler and of Hitlerism can be stopped - and it will be stopped.

Very simply and very bluntly, we are pledged to pull our own oar in the destruction of Hitlerism.

And when we have helped to end the curse of Hitlerism, we shall help to establish a new peace which will give to decent people everywhere a better chance to live and prosper in security and in freedom and in faith.

Each day that passes we are producing and providing more and more arms for the men who are fighting on actual battle fronts. That is our primary task.

And it is the Nation's will that these vital arms and supplies of all kinds shall neither be locked up in American harbors nor sent to the bottom of the sea. It is the Nation's will that America shall deliver the goods. In open defiance of that will, our ships have been sunk and our sailors have been killed.

I say that we do not propose to take this lying down.

Our determination not to take it lying down has been expressed in the orders to the American Navy to shoot on sight. Those orders stand.

Furthermore, the House of Representatives has already voted to amend part of the Neutrality Act of 1937, today outmoded by force of violent circumstances. The Senate Committee on Foreign Relations has also recommended elimination of other hamstringing provisions in that act. That is the course of honesty and of realism.

Our American merchant ships must be armed to defend themselves against the rattlesnakes of the sea.

Our American merchant ships must be free to carry our American goods into the harbors of our friends.

Our American merchant ships must be protected by our American Navy.

It can never be doubted that the goods will be delivered by this Nation, whose Navy believes in the traditions of "Damn the torpedoes; full speed ahead!"

Yes; our Nation will and must speak from every assembly line. Yes; from every coal mine -- the all-inclusive whole of our vast industrial machine. Our factories and our shipyards are constantly expanding. Our output must be multiplied.

It cannot be hampered by the selfish obstruction of any small but dangerous minority of industrial managers who perhaps hold out for extra profits or for "business as usual." It cannot be hampered by the selfish obstruction of a small but dangerous minority of labor leaders who are a menace - for labor as a whole knows that that small minority is a menace -- to the true cause of labor itself, as well as to the Nation as a whole.

The lines of our essential defense now cover all the seas; and to meet the extraordinary demands of today and tomorrow our Navy grows to unprecedented size. Our Navy is ready for action. Indeed, units of it in the Atlantic patrol are in action. Its officers and men need no praise from me.

Our new Army is steadily developing the strength needed to withstand the aggressors. Our soldiers of today are worthy of the proudest traditions of the United States Army. But traditions cannot shoot down dive bombers or destroy tanks. That is why we must and shall provide, for every one of our soldiers, equipment and weapons -- not merely as good, but better than that of any other army on earth. And we are doing that right now.

For this -- and all of this -- is what we mean by total national defense.

The first objective of that defense is to stop Hitler. He can be stopped and can be compelled to dig in. And that will be the beginning of the end of his downfall, because dictatorship of the Hitler type can live only through continuing victories - increasing conquests.

The facts of 1918 are proof that a mighty German Army and a tired German people can crumble rapidly and go to pieces when they are faced with successful resistance.

Nobody who admires qualities of courage and endurance can fail to be stirred by the full-fledged resistance of the Russian people. The Russians are fighting for their own soil and their own homes. Russia needs all kinds of help -- planes, tanks, guns, medical supplies, and other aids -- toward the successful defense against the invaders. From the United States and from Britain, she is getting great quantities of those essential supplies. But the needs of her huge army will continue - and our help and British help will have to continue.

The other day the Secretary of State of the United States was asked by a Senator to justify our giving aid to Russia. His reply was: "The answer to that, Senator, depends on how anxious a person is to stop and destroy the march of Hitler in his conquest of the world. If he were anxious enough to defeat Hitler, he would not worry about who was helping to defeat him."

Upon our American production falls the colossal task of equipping our own armed forces, and helping to supply the British, the Russians, and the Chinese. In the performance of that task we dare not fail. And we will not fail.

It has not been easy for us Americans to adjust ourselves to the shocking realities of a world in which the principles of common humanity and common decency are being mowed down by the firing squads of the Gestapo. We have enjoyed many of God's blessings. We have lived in a broad and abundant land, and by our industry and productivity we have made it flourish.

There are those who say that our great good fortune has betrayed us; that we are now no match for the regimented masses who have been trained in the Spartan ways of ruthless brutality. They say that we have grown fat, and flabby, and lazy, and that we are doomed.

But those who say that know nothing of America or of American life.

They do not know that this land is great because it is a land of endless challenge. Our country was first populated, and it has been steadily developed, by men and women in whom there burned the spirit of adventure and restlessness and individual independence which will not tolerate oppression.

Ours has been a story of vigorous challenges which have been accepted and overcome, challenges of uncharted seas, of wild forests and desert plains, of raging floods and withering drought, of foreign tyrants and domestic strife, of staggering problems, social, economic, and physical; and we have come out of them the most powerful Nation, and the freest, in all of history.

Today in the face of this newest and greatest challenge of them all we Americans have cleared our decks and taken our battle stations. We stand ready in the defense of our Nation and the faith of our fathers to do what God has given us the power to see as our full duty.

The Chicago Tribune on this day in 1941 dismissed the possibility of Japan attacking the United States, even noting that an attack on the Hawaiian Islands was beyond Japanese capabilities.

The German 11th Army broke into the Crimean Peninsula.  On the same day, they captured the city of Plavsk.

Thursday October 27, 1921 Strike Averted. Silesia Divided. Thousand Yard Stare.

Railroad unions, feeling they'd been outmaneuvered by their employers, called off a threatened nationwide strike, but only narrowly.  The move came at 11:30 p.m.


The unions had run their threat a bit too long, and by this time forces opposing it, including the government, were fully mobilized against a move that threatened to paralyze the nation's transportation system during a time of economic depression.

Germany and Poland accepted the League of Nations division of Silesi

U.S. Army Sergeant Michael J. Donahue, a man whose face alone tells a story, was photographed on this day in 1921.  He was obviously a highly decorated soldiers. While I can't read the ribbons in this photograph, two of the awards in the upper row of ribbons have been awarded multiple times.

Tuesday, October 26, 2021

The 2021 Wyoming Special Legislative Session.



September 16, 2021.

Governor Gordon has announced that he's pursuing a "two pronged" approach on the Biden Administration's plans to order vaccinations of employees who work for companies that employ over 100 people.

Governor Gordon: Biden’s Federal Overreach has Gone Too Far

Governor Joins with Legislative Leaders to Fight Against Vaccine Mandates

 

CHEYENNE, Wyo. – Governor Mark Gordon announced today a two-pronged plan to combat the federal overreach of the Biden Administration in proposing to mandate vaccinations. The first step involves the Attorney General preparing for legal action to stop the Biden-announced vaccine mandate for private employers. Although the details of this proposed new federal requirement are not yet released, it is important that Wyoming be ready to respond promptly and forcefully when it is issued.

“We cannot sit on our hands just watching this egregious example of federal government overreach,” Governor Gordon said. “We are already communicating with other Governors and states to prepare legal options once emergency standards are issued.”

Governor Gordon also indicated the second part of this strategy involves initial discussions with legislative leadership regarding the potential for a very focused and limited special session of the Legislature. Should the need arise, a special session could occur as soon as October and would be solely devoted to a small number of bills aimed at addressing overreach with regard to COVID-19 vaccine mandates.

“I thank the Legislature and the people of Wyoming for the trust they have put in me,” Governor Gordon said. “Wyoming is a conservative state with a constitution designed to constrain the actions of government, so special sessions are meant to be very rare. They cost taxpayer money, so they should never be frivolous. That is why legislative leadership and I will work together to ensure any potential special session held to respond to vaccine mandates will be focused, effective, and efficient.”

The Biden Administration has yet to issue new emergency standards for vaccine mandates. Those are expected to be issued in the coming weeks by the Occupational Safety and Health Administration (OSHA). Currently Wyoming runs a State Plan OSHA Program, which allows the State to manage and retain OSHA enforcement. If the state does not enforce the Biden Administration's temporary standard, Wyoming's ability to administer the program could be jeopardized.

“This is not a fire, ready, aim moment. We must be smart, thoughtful, and effective in the way we respond to these overreaching efforts by the Biden Administration. Responding prematurely is not in the best interests of Wyoming’s citizens or employers,” said Governor Gordon.

“Vaccines are an important tool that can help us to bring this pandemic under control. I am vaccinated myself and believe they are safe and effective. Nevertheless, I also understand others may have a different impression of the COVID-19 vaccine. In some cases, they are my neighbors and I respect their views just as I expect them to respect mine. This Biden mandate is counterproductive and will not convince anyone otherwise,” the Governor added.

“This matter should not go unanswered,” Senate President Dan Dockstader said. “We should explore every option. As we learn more about the specifics associated with these federal standards and vaccine mandates in general we can properly coordinate our response.”

“I am committed to working with my legislative colleagues and the Governor to ensure that as we consider a special session we are well-informed on the issues, judicious in our approach and the policy outcomes serve us well,” Speaker of the House Eric Barlow said.

Details on a potential special session will be finalized after the federal emergency standards are released and can be properly analyzed. If there is a need and ability for the Legislature to respond to the emergency standards, specific bills and the rules for the session will be drafted.

-END-

Part of that plan is a special legislative session.

The thing about that is, however, that it can't really legally do anything.  It'll generate bills, to be sure, but as far as the Biden Administration's plan itself, if it's legally valid, no act of a state legislature can touch it.

And a danger exists that if it is called, it'll expand beyond its called purpose.  There's always an effort to keep that from occurring, but in a year like this one. . . 

September 21, 2021

A Park County GOP official with a reputation for controversial speech lashed out at Sen. Tara Nethercott in a letter with vile invective and signed in an obscene manner due to her previous opposition to measures to attempt to nullify anticipated Federal mandates.

Nethercott politely responded within an hour, correctly pointing out the difficulties present in such legislation.  Indeed, those difficulties are pretty much insurmountable, which calls into question the entire point of calling a special session.  The Park County official resigned as secretary of the Park County GOP Men's Club, which he was pretty clearly asked to do, and the GOP in general is now debating what to do about his position as a precinct committeeman.

October 3, 2021

In spite of the fact OSHA has not yet issued a rule on vaccinations, the state's GOP leadership is making sounds that it's upset the Governor has not yet called a special session and is suggesting that the legislature itself might do it.

Whether an OSHA mandate would stand or not is purely a legal issues and its well established that anything the legislature would attempt itself would be unconstitutional.  Such attempts as state nullification have been attempted repeatedly and have universally failed.  That clearly argues against any legislation on the state side in and of itself.  Moreover, as it's now October, simply waiting for the general session makes as much sense as anything, if something is to be actually attempted.

No matter, the era we now live in is such that past examples will be disregarded, something will be attempted, and a court will strike it down, with much complaint about that after it's occurred.  The costs expended by the state, however, will not be recoverable.

October 9, 2021

A Sweetwater County legislator claims he will intorduce the following text in the legislature should a special session be called.

Offenses and penalties; defense of Wyoming citizens.
(a) No public servant as defined in W.S. 6-5-101,shall enforce or attempt to enforce any act, law, statute, rule or regulation of the United States government relating to mandating covid vaccination.
(b) Any official, agent or employee of the United States government who enforces or attempts to enforce any act, order, law, statute, rule or regulation of the United States government that violates this statue shall be guilty of a misdemeanor and, upon conviction, shall be subject to imprisonment for not more than one (1) year, a fine of not more than two thousand dollars ($2,000.00), or both.'

Introducing something and getting it passed, of course, are two different things and this is just a claim at this point.  It's worth nothing, however, that paragraph b would violate the Supremacy Clause of the U.S. Constitution and undoubtedly be struck down by any reviewing court.  Paragraph a would likely be as well.

Additionally, as has recently been pointed out by somebody else, legislators introducing such proposals are arguably violating their oaths of office to adhere to the U.S. Constitution.  This is never enforced, however.  Having said that, the violation may be one of ignorance of the text, rather than an intentionally disloyal act, as at the current time there are a lot of myths surrounding the Constitution in this area.  In that case, the violation probably isn't sanctionable.

October 13, 2021

About 50% of Wyoming's legislators voted to hold a special session in the first round of votes.  35% are needed in the first round.

A majority are needed for the second.

October 14, 2021

Draft bills are beginning to emerge.

Chuck Gray of Natrona County has requested the drafting of a bill that would ban making any employment decision based on vaccination status prohibited with a $500,000 civil relief provision available to any person so impacted.  The fine level is arguably unconstitutional

October 16, 2021

A second round of votes will bring us a special session, with 36 out of 59 House members, and 18 out of 30 members, voting to reconvene in Cheyenne.

This is less support, however, for the session than might have been supposed. A super majority is required to approve the agenda for a meeting, and those numbers would suggest that they may have a hard time obtaining one.  If that's the case, and its been the case historically, the special session will simply adjourn.

October 20, 2021

The legislature well convene for its special session late next week.   The session is set to run from October 26 to October 28.

According to the Tribune, this will cost the state $25,000 a day, in an era in which money has been tight, and with it being clear that anything passed will have very little chance of surviving the application of the Supremacy Clause.

Governor Gordon published an op-ed in the Tribune today which is essentially his attempt to explain why he didn't call the legislature into session while not making the section of the GOP that supports having done so upset.  He comes down big on the Constitution, but if that's the case, he'd be nearly obligated to veto anything the legislature passes as violative of the Supremacy Clause, which is undoubtedly not what he meant.

October 23, 2021

Twenty bills have been introduced for next week's special legislative session.

They are:

October Special Session
HB1001COVID-19 vaccine employer mandates.Greear
HB1002Federal COVID vaccine mandates-prohibition and remedies-2.Sommers
HB1003COVID-19 discriminatory practices-prohibition-2.Gray
HB1004COVID-19 vaccinations-employer prohibition.Gray
HB1005COVID-19 vaccine mandate-exemptions.Hallinan
HB1006Vaccine requirements-limitations.Labor
HB1007COVID and mRNA vaccines-limitations and prohibitions-2.Laursen
HB1008Immunization status.Fortner
HB1009COVID-19 response.Barlow
HB1010Grace Smith Medical Freedom Act.Andrew
HB1011Medical Treatment Opportunity Act-2.Revenue
HB1012Healthcare professionals-right to prescribe medication-2.Laursen
HB1013Unemployment benefits-failure to comply with federal law.Connolly
HB1014COVID-19-prohibiting coercion-2.Haroldson
HB1015Vaccine incentives-state employees.Sherwood
HB1016Firemen's pension plan revisions.Nicholas
HB1017Schools-health mandate prohibition-2.Bear
HB1018Unemployment benefits-failure to comply with local law.Connolly
HB1019Wyoming gaming commission-scrivener error correction-2.Flitner
HB1020Penalties for mandating COVID-19 vaccinations-2.Fortner
SF1001COVID-19 Vaccine employer mandates-2.Hicks
SF1002Federal COVID vaccine mandates-prohibition and remedies.Hicks
SF1003COVID-19 discriminatory practices-prohibition.Steinmetz
SF1004COVID-19 vaccinations-employer prohibition-2.Biteman
SF1005COVID-19 vaccine mandate-exemptions-2.Schuler
SF1006Vaccine requirements-limitations-2.Labor
SF1007COVID and mRNA vaccines-limitations and prohibitions.Bouchard
SF1008Immunization status-2.McKeown
SF1009COVID-19 response-2.Kinskey
SF1010Grace Smith Medical Freedom Act-2.Biteman
SF1011Medical Treatment Opportunity Act.Revenue
SF1012Healthcare professionals-right to prescribe medication.Bouchard
SF1013Unemployment benefits-failure to comply with federal law-2.Rothfuss
SF1014COVID-19-prohibiting coercion.Biteman
SF1015Vaccine incentives-state employees-2.Gierau
SF1016Firemen's pension plan revisions-2.Gierau
SF1017Schools-health mandate prohibition.McKeown
SF1018Unemployment benefits-failure to comply with local law-2.Rothfuss
SF1019Wyoming gaming commission-scrivener error correction.Ellis
SF1020Penalties for mandating COVID-19 vaccinations.James

October 26, 2021

A vote will be held today on whether to limit debate.

Limiting debate will be necessary to plow through 20 bills, but all of the Democrats and some Republicans, including conservative Cale Case, have indicated they will vote no.  Case feels that this is not in keeping with Wyoming's tradition.

Some of the bills have a better chance of passing than others.  One with low sponsorship is HB1020, which has a notable fine provision.

2021

STATE OF WYOMING

21LSO-1056

 

 

 

HOUSE BILL NO. HB1020

 

 

Penalties for mandating COVID-19 vaccinations-2.

 

Sponsored by: Representative(s) Fortner and Senator(s) James

 

 

A BILL

 

for

 

AN ACT relating to offenses by public officials; prohibiting COVID 19 vaccination mandates as specified; providing penalties; providing definitions; amending specified sections related to retirement benefits; and providing for an effective date.

 

Be It Enacted by the Legislature of the State of Wyoming:

 

Section 1.  W.S. 65119 is created to read:

 

65119.  Offenses and penalties regarding federal COVID19 vaccine mandates; defense of Wyoming citizens.

 

(a)  As used in this section:

 

(i)  "COVID19 vaccine" or "COVID19 vaccination" means any vaccine that is marketed to prevent COVID19 or any vaccine that is marketed to diminish or decrease the symptoms of COVID19;

 

(ii)  "Fine" as used in this section is intended to mean an amount equal to either the amount of money the federal government is fining the Wyoming entity in question due to noncompliance with a federal COVID19 vaccine mandate or the amount of money the federal government is withholding in federal funds for Medicare or other services in retaliation for noncompliance with a federal COVID19 vaccine mandate;

 

(iii)  "Public entity" means as defined by W.S. 166101(a)(viii);

 

(iv)  "Public servant" means an employee or elected official of a public entity.

 

(b)  No public servant shall enforce or attempt to enforce any act, order, law, statute, rule or regulation of the United States government regarding mandating COVID19 vaccinations or mandating the use or prohibition of any other form of COVID19 preventative treatment that includes but is not limited to a nasal spray, pill or tablet.

 

(c)  No public entity shall adopt any rule, regulation or policy which attempts to enforce or require a COVID19 vaccination mandate or the mandate or prohibition of an administration of a COVID19 preventative treatment as a condition  of participation in the curriculum, services, programs, activities or operations of the public entity. 

 

(d)  Any public servant who violates subsection (b) or (c) of this section shall be guilty of a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than ten million dollars ($10,000,000.00), or both.

 

(e)  In addition to the criminal penalties in subsection (d) of this section, a public servant who violates subsection (b) or (c) of this section shall be:

 

(i)  Terminated from his employment or removed from his office and shall no longer qualify for employment by any public entity in Wyoming;

 

(ii)  Ineligible to obtain any benefits under the retirement plan he receives or is entitled to receive in the future due to his employment with a public entity in Wyoming.

 

(f)  Any person aggrieved by a public servant due to a violation of this section, including but not limited to requiring a person to take unpaid leave from their employment due to not abiding by a COVID19 vaccine mandate, shall have the ability to file a cause of action against that public servant.

 

(g)  Any federal official, agent, contractor or employee of the United States who enforces or attempts to enforce any act, order, law, statute, rule or regulation of the United States government regarding COVID19 vaccinations or any other form of preventative treatment, which includes but is not limited to a nasal spray, pill or tablet, shall be guilty of a misdemeanor and, upon conviction, shall be punishable by imprisonment for not more than one (1) year, a fine of not more than ten million dollars ($10,000,000.00), or both.

 

Section 2.  W.S. 120110(a)(i) through (iii) and (v), 93426(a)(ii), 93620(a), 93712(a), 155209(a), 155313(c) and 155422(a) are amended to read:

 

120110.  Exemption for retirement funds and accounts.

 

(a)  The following are exempt from execution, attachment, garnishment or any other legal process:

 

(i)  The interest of an individual or beneficiary in a retirement plan, except as provided by W.S. 65119(e)(ii);

 

(ii)  Money or other assets payable to an individual from a retirement plan, except as provided by W.S. 65119(e)(ii);

 

(iii)  The interest of a beneficiary in a retirement plan if the beneficiary acquired the interest as the result of the death of an individual, except as provided by W.S. 65119(e)(ii). The beneficiary's interest is exempt to the same extent that the individual's interest was exempt immediately before the death of the individual;

 

(v)  Money or other assets payable to a beneficiary from a retirement plan if the beneficiary acquired the money or other assets as the result of the death of an individual, except as provided by W.S. 65119(e)(ii). The beneficiary's interest is exempt to the same extent that the individual's interest in the money or other assets was exempt immediately before the death of the individual.

 

93426.  Benefits, allowances and contents of account exempt from taxation and not subject to execution or attachment except as specified; assignment limited; qualified domestic relations order; system assets.

 

(a)  The benefits and allowances and the cash and securities in the account created by this article:

 

(ii)  Are not subject to execution or attachment by trustee process or otherwise, in law or equity, or under any other process whatsoever, except as provided by W.S. 65119(e)(ii);

 

93620.  Exemption of benefits from state and local taxes, execution and attachment except as specified; benefits paid under qualified domestic relations order.

 

(a)  Benefits and allowances set forth under this article are exempt from any state, county or municipal tax and are not subject to execution or attachment by trustee process or otherwise, in law or equity, or under any other process, except as provided by W.S. 65119(e)(ii), and are not assignable except as specially provided in this article.

 

93712.  Exemption of benefits from state and local taxes, execution and attachment except as specified; benefits paid under qualified domestic relations order.

 

(a)  Benefits and allowances set forth under this article are exempt from any state, county or municipal tax and are not subject to execution or attachment by trustee process or otherwise, in law or equity, or under any other process, except as provided by W.S. 65119(e)(ii), and are not assignable except as specially provided in this article.

 

155209.  Payments; when and how made; protections; nonassignability; qualified domestic relations order.

 

(a)  Payments made under this article shall be made to the beneficiaries on or before the fifth day of each month and shall be made by voucher approved by the board or its designee drawn against the firemen's pension account and paid by the board out of the account. No payments made under this article are subject to judgment, attachment, execution, garnishment or other legal process, except as provided by W.S. 65119(e)(ii), and are not assignable nor shall the board recognize any assignment nor pay over any sum assigned.

 

155313.  Pension application; when payments made and benefits suspended; pension protections.

 

(c)  The cash and securities while in the account created by this article are exempt from any state, county or municipal tax of this state, and are not subject to execution or attachment by trustee process or otherwise, in law or equity, or under any other process whatsoever, except as provided by W.S. 65119(e)(ii), and are not assignable.

 

155422.  Payments; when and how made; protections; nonassignability; qualified domestic relations order.

 

(a)  Payments made under this article shall be made to the beneficiaries on or before the fifth day of each month. Payments shall be made by voucher drawn against the firemen's pension account and paid by the state auditor out of the account or using an appropriate alternative method approved by the state auditor. No payments made under this article are subject to judgment, attachment, execution, garnishment or other legal process, except as provided by W.S. 65119(e)(ii), and are not assignable nor shall the board recognize any assignment nor pay over any sum assigned.

 

Section 3.  This act is effective immediately upon completion of all acts necessary for a  bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.