Death Valley Days -- staying in Lone Pine

We came to Los Angeles for a family gathering (my aunt Rhoda’s 80th birthday party), and decided to come out a couple of days early to visit Death Valley.  We got a great fare — roughly $350 on Alaska Airlines for a non-stop from DCA to LAX — but then I procrastinated too long to make reservations in Death Valley and we couldn’t stay in the park. We found a reasonable price at the Dow Villa Motel  in Lone Pine.  Accommodations there were fine, and there were more varied dining possibilities available than there would have been had we been staying inside the park, but it is a long way into the park from there – a good 90 minutes drive to the interesting hikes and other attractions.   I recommend reserving early for Death Valley so you can stay inside the park.

It took us roughly four hours to drive from LAX.  We wanted to get out of the LA area before rush hour traffic built up, so we stopped for a late lunch in Palmdale.  The Bayou Bar BQ was one of the first things we saw getting off the highway; food was tasty if a bit salty, and the portions were huge. 

Nice scenery as we drove northward

Red Rock Canyon Park might have been a nice place to stop and walk around

 — but we were hoping to get to Lone Pine before dark.

Even pushing it, though, the sun was setting as we drove past the mostly dry Owens Lake Bed south of Lone Pine. 

We settled into the motel, then walked around town to pick up a place for dinner.  There was an open air vegetable market where we picked up a few more things to take on our trip into Death Valley the next day, then we settled on Seasons Restaurant, which seems to have pretensions to be the finest dining in Lone Pine. The food was OK overpriced for what it is, and a note to restaurants — it is hard to see your fare as fine dining when you serve a salad full of iceberg lettuce.  I enjoyed my elk medallions with dried cranberries.

We woke up bright and early to leave for a full day in the park. In the full light of day, Lone Pine was lovely – the Inyo mountains to the east seen from the Dow Villa, and the just to the west, with the Sierra Nevadas including Mt. Whitney towering behind (the jagged set of peaks at the center of the photo are Mt. Whitney).

Inyo Mountains seen over the Dow Villa Motel, Lone Pine

Sierra Nevada including Mt.Whitney seen from Lone Pine

We had an excellent breakfast at the Alabama Hills Café in Lone Pine, then drove past the Owens Lake Bed toward Death Valley – we were rewarded with excellent views of the Sierra Nevada mountains to the east.

Sierra Nevadas seen over Owens Lake Bed

Is Ron Paul the Libertarian Version of the Limousine Liberal?

Over the years, I have always figured Ron Paul to be the genuine article libertarian, maybe a little weird and extreme in his views (isolationist, racist), but really sincere, and thus someone who would follow these views even if they him to alliances with unusual bed fellows.  Who, for example, would have thought of Ron Paul as an ally of Public Citizen (my long-time employer)?  His isolationism and concerns about loss of national sovereignty led him to work with Public Citizen’s trade group, which worries about the impact of international trade treaties on domestic consumer and environmental protections, even though I should think Paul would disapprove of Public Citizen and of the protections themselves, on libertarian grounds.

But a lawsuit that Paul’s campaign committee  is pursuing in federal court in California makes it impossible to reconcile with the principles that he claims. 

A ditty about Newt Gingrich and others

Written by my good friend Victor Miller and posted with his kind permission, mostly to be sung to the tune of Frankie and Johnny"

He Was Your Man

Newt and his party were lovers,

Lordy how they could be lovin’.

Swore to be true to each other,

Just as long as they all could govern,

He was your man,

But he’s been doin’ it wrong.

“Aint gonna tell you no stories;

Aint gonna tell you no lies.

Just don’t believe what I said before,

I was tryin’ to conceptualize.

I’m still your man,

But I was sayin’ it wrong.”

(Chorus, to the tune of the Hallelujah Chorus)
Rick Santorum--
He’s not Romney, he’s not Romney.

A Shot Across the Bow Over Excessive Demand Letters

A recent California Superior Court decision in Los Angeles rejected an anti-SLAPP motion filed by Hollywood celebrity attorney Martin Singer and held that an extortion complaint filed by Martin Malin could proceed to discovery and possibly trial.  In a pre-litigation demand letter, Singer sought a large payment to his client and threatened that, if action were withheld, he would file a complaint alleging that Malin had engaged in sexual misconduct, naming three individuals allegedly involved and enclosing a photograph as evidence of the seriousness of his intent to expose Malin.  The letter stated that because a draft of the complaint was being sent to a third party, “I have deliberately left blank spaces in portions of the complaint dealing with your using company resources to arrange sexual liaisons with —, —, and —.  When the complaint is filed with the Los Angeles Superior Court, there will be no blanks in the pleading.”  Apparently, one of the redacted names is that of a retired Superior Court judge,

Singer, represented by leading California anti-SLAPP attorney Mark Goldowitz, relied on a decision dismissing a suit over demand letters from DirectTV threatening suit over pirating satellite television signals to argue that demand letters could be speech protected by the anti-SLAPP statute.  According to a report of the oral argument on a Hollywood blog, Malin’s counsel, however, argued that Singer was implicitly threatening to take his accusations to the press, because “It is well known that the filing of complaints in court are picked up by the press, particularly in Los Angeles County.”

According to reports of the oral argument reported by the blog and by the Los Angeles Daily Journal, Judge Mary Strobel rejected the anti-SLAPP motion because the inclusion of the names of specific sexual partners, and the enclosure of a photograph of one of the partners, took the demand well-beyond the typical cease-and-desist letter.

Although the decision seems right on the merits, the mode of analysis is disturbing.  In deciding anti-SLAPP motions, the California court normally look first to see whether the speech is on a matter of public interest, or otherwise within the four categories of speech to which the anti-SLAPP statute applies; if it is, then it is the plaintiff’s burden to show a likelihood of success on the merits of the claim, both legally and factually.  Judge Strobel relied on an outlier from that principle, Flatley v, Mauro, in which the defendant had sent a demand letter threatening to sue for an alleged sexual assault and explicitly threatening to expose the sexual matters to the media.  The California Supreme Court said that the SLAPP statute does not apply ot speech that is illegal as a matter of law and that, on its face, the defendant’s communication was extortion.  According the Judge Strobel, because Singer’s demand letter was extortionate, it is unprotected speech and hence not protected by the anti-SLAPP statute; she thus did not need to decide whether plaintiff could show a likelihood of success on the merits.

The troubling aspect of this analysis is that a variety of speech is unprotected by the First Amendment if the court concludes, after trying the facts, that, for example, speech was defamatory, false, and published with actual malice.  What could have distinguished Flatley was that the extortionate aspect of the speech – the threat to go to the press with claims of sexual misconduct — was apparent on the face of the demand letter.  Here, though, plaintiff argued that it is enough that the speech at issue is “allegedly illegal,” and the quoted oral argument is only that the extortionate threat was implicit, because everybody knows that the press combs through new courthouse filings in Los Angeles looking for Hollywood dirt.  Although that seems to me to be a sound argument on the second prong, it is disturbing to see an expansion in the class of cases that can be deemed outside the anti-SLAPP statute without the plaintiff ever having to make a showing of merit.

Singer has reportedly stated his intent to appeal.  It is hard to work up a great deal of sympathy for a bully like Singer, but the case will be worth following.  At the same time, lawyers sending demand letters might draw some lessons of their own about not going too far overboard in their threats.

A long weekend in Portland during Reed College's Centennial Celebration

This past weekend, I headed for Portland Oregon for Reed College’s Volunteer Weekend, scheduled this year to coincide with Reed’s Centennial Celebration.   I participated in meetings both as  representative of the DC chapter, and as a member of the class of 1972 helping to plan our 40th reunion.  But I also had the chance to visit with many old friends in Portland, to have some nice meals, and to get in a good hike on Mount Hood.

I got in late Thursday night, and Friday morning met Moshe Lenske for breakfast; at his suggestion, we ate at the HiS Bakery at the corner of 72nd and Woodstock.  The prices were low and the pecan buns were particularly scrumptious; and at Moshe’s urging I picked up some cookies and muffins to take on my planned hike on Sunday and then save for eating on my flight home.  That evening I had dinner with Reed friend Darcia Krause, who was hosting me for the weekend. 

There were meetings all day Friday and for most of Saturday, but Saturday morning I managed to get in another breakfast, this time at the St. Honore Bakery in Lake Oswego with Reed classmate Martha Hicks, whom I hadn’t seen since leaving Reed for the McGovern campaign in December 1971.   This bakery was considerably fancier and, as befit its location, considerably more expensive.  I had a nice vegetable quiche, plus a bag of choquettes to go.

Saturday at lunch time, a collection of food carts gathered at Reed College as part of the Community Day celebration.  The idea was a nice one, but the operations were pretty inefficient as long lines formed and students and alumni volunteers waited to get lunch.  I had a couple of tacos as well as a kim chee quesadilla at a Korean Fusion cart.  Delicious food, but as a result of having to wait so long, I could only catch the last hour of the brown bag session discussing the search for Reed’s next president.

That evening, several volunteers gathered for a no-host dinner at Suzette’s Creperie, an institution run by Reed alumna Jehnee Rains (‘93).  The crepes themselves were less than memorable, but there was a very nice appetizer – a small gougère stuffed with fig, bacon and arugula, and an exceptional dessert – a bruléed fresh peach half served with a dollop of mascarpone, strewn with fresh berries and decorated with a fruit sauce.

I had to rush off from dinner to meet Lorene Scheer, a friend from my TDU days, at the annual La Voz  Salsa Party held at the SEIU local union hall where Lorene works.  I got there just too late for the salsa lesson, but the music was good and I did my best to fake it on the dance floor.  The only beer available was a home-made IPA – delicious. 

We had to rush off from that as well, to get to the fireworks display back at Reed.  The fireworks were stupendous, comparable to the annual Fourth of July fireworks display over the National Mall in DC every year.  But, with an important difference.  For years we have skipped the crowd scene down on the mall, with its security restrictions, the ban on alcohol in one’s picnic basket, and the heavy traffic coming back to Adams Morgan.  Instead, we have been watching at a distance from Cardozo High School, which is at the crest of a hill looking over downtown DC.  But at Reed, the firework display was up close, closer indeed than when sitting on the National Mall, less than a city block away.  It reminded me of the special power that fireworks have up close.  Maybe we should try going down to the Mall again.

Sunday I met up with Lorene again for a hike on Mount Hood.   (Breakfast at Toast was decidedly ordinary).  We were aiming to hike up Cooper Spur on the north side of the mountain (I have always done my hiking on on the southern and eastern sides).  But when we arrived at the road into the trailhead at the Cooper Spur resort, we found that the road had been closed because of fire danger.  Instead, we opted to hike into Elk Meadows even though we were worried about having to cross Newton Creek without a bridge.  The first creek crossing was easy, but the only way across Newton Creek was over a few logs that trail workers had placed across the stream in various locations. 

Newton Creek

The first creek was easy to cross

Crossing Newton Creek via logs

Here is the side of the ridge we had to climb after crossing the creek (by switchbacks, of course) to reach the meadow.  

Ridge wall overlooking Newton Creek

 We passed many huge old growth trees along the way.  Rain was coming down for much of the hike, and we did not get the marvelous views of Mount Hood that are reportedly available from the meadow on nice days.   

Instead, it was raining steadily when we reached the meadow, and we ducked into a shelter at the edge of the meadow to eat our lunch We encountered on section of the trail in which one bare tree after another could be seen with its branches curled around itself, like a bramble.   

The mountain was shrouded in clouds the entire time; when we got to the top of Elk Mountain we could only stare down into the fog, although at one point the mists lifted at least enough to show us this view of the lower slopes of the mountain.

Before I headed to the airport to catch the red-eye home to DC, I had a chance to continue exploring the fascinating menu at Pok Pok, a restaurant featuring Thai pub and street-stall food that has become a must-visit for me every time I get to Portland.  As is usually the case, the restaurant was jammed, but we were early enough that the wait for a table was only a half hour.  I have known for some time that those waiting for a table have the option of heading down the street to the Whiskey Soda Lounge. Pok Pok will call over when your table is ready.  But this was the first time I took that opportunity; I’m glad I did.  The lounge has common ownership with Pok Pok and a similarly great menu.  We shared Neua Sawan, a dish of  deep fried marinated dried beef with deep fried kaffir lime leaves (I have used the leaves for flavoring when I make Tom Kha Gai but the leaves are too tough to eat; deep frying made them delicate as well as delicious) and Som Tam Thawt, a deep fried version of som tam.   The couple at the table next to us said that they only eat at Whiskey Soda Lounge any more because Pok Pok is so hard to get into and they find they like the lounge’s menu even better.  

We had to finish up quickly to head over to Pok Pok for dinner (we considered blowing off Pok Pok and lingering where we were).  For dinner we shared Khao Soi Kai, a mild curry soup that could be heated up with a very spicy curry paste that came on the side, and Mou Paa Kham Waan, a dish of spicy “boar collar” meat served with iced mustard greens to cool down the palate.  The drink special, a spicy vodka martini, was also delicious.  We were so full that Lorene had to take half the food home in a doggy bag, and I had to rush off to the airport.  A great end to a nice long weekend.

Visiting Seattle to see DC United play the Sounders

I spent September 16 to 18 in Seattle, taking advantage of DC United’s first weekend away game against the Seattle Sounders. I stayed with cousin Phyllis Levy and her family, who despite being Sounders fans, gamely put me up and took me to the game. Friday we celebrated the 86th birthday of my aunt Essie, with dinner at a Chinese restaurant followed by Phyllis’ carrot cake at home.

I had the opportunity to reconnect with several old friends while I was in town  — Reed College classmate Jon Grudin, Freeport High School classmate Tom Kellock, and Litigation Group colleague Michael Bancroft —  but going to see the game was the highlight of the weekend.  The game itself was eminently forgettable from a DC United perspective: we got trounced three to nothing. I accept that this is a rebuilding year, but we never know which team is going to show up — the team, that team that gives the ball away and yields soft goals, or the exciting attacking team that displays real grit in the back (for example, the team that beat Real Salt Lake at RFK stadium the following weekend). This time it was the former, and it was depressing evening to be an away fan. The problem was compounded by the boorish behavior of some of the other DC United fans, who took out their frustrations on Sounders fans who were seated nearby or passing by. Some of the Barra Brava leadership in particular could not stop yelling at the opposing fans. And as much as I have come to detest the "wings of an eagle, ass of a crow" song, it seems especially perverse to fantasize about "shit[ting] on the bastards below" when the singers themselves were there in the stadium to be shat on.  I was embarrassed to be part of the same supporters section.

Beyond that, however. the fan experience was stupendous. The Sounders’ Stadium is in downtown Seattle, only three blocks from Pioneer Square. Fans gather by the hundreds, growing to the thousands, as a brass band plays.

Then they march to the stadium, chanting and singing and displaying their colors. I marched along with them, concealing my DC United jersey under my red DC United raincoat.

There were many empty seats when I got into the stadium, but the numbers continued to flow in, eventually reaching a sellout crowd of more than 36 thousand spectators. The team covers part of the seats so that it can sell all the tickets and hence create more demand for advance ticket purchases; but the number of covered seats has been getting smaller and smaller. The main Sounders supporters group is situated behind one of the goals, but fans throughout the entire stadium were intense supporters of the team. They showed their support by dressing in the team’s chartreuse colors, or wearing scarves of blue and chartreuse – well over half the fans were wearing the colors (including lots of green raincoats) and many were also painted accordingly.  For me there was a stark contrast with the atmosphere at RFK stadium at DC United games, where there are various supporters groups arrayed along one side of the stadium but most of the rest of the fans are largely passive except for cheering when a goal is scored.  We do have one plus over Seattle though:  Seattle needs to have seats that bounce when fans jump up and down.

And fans throughout the stadium made noise – chanting Seattle.... Sounders, and clapping their hands over their heads. Maybe it was easier for them on the night, because their team was kicking butt, but I was impressed. In the first few years of the league, DC United supporters in the Screaming Eagles and eventually Barra Brava set the standard for MLS fans, but we have now been far surpassed. If we can reach the same energy and fervor and broad-based support that the Sounders enjoy, we will have come a long way.

Vacationing in Southern New Hampshire

Mount Monadnock seen from our walk along Stone Pond Road

Hal and Nancy relaxing on the deck

Cabin seen from the edge of the lake

Rona, Nancy and Hal enjoying grilled cheese for lunch

Nancy and I arrived at Stone Pond in the early hours of Friday morning August 19, after a grueling ten-hour drive from DC. Friday was a lazy day – a morning swim, a walk along the Stone Pond road (see the view of Mount Monadnock from the road), relaxing on the deck, having lunch.

t rained Friday afternoon and evening, but the weather forecast for Saturday morning suggested that it could be a good day for a hike up Mount Monadnock.

View of Mount Monadnock as we drove to the trail head

Saturday morning was, indeed, sunny, so Nancy and I headed out early for the hike up the mountain, wanting to get down before the thunderstorms that were predicted for Saturday afternoon.  We chose the Dublin Trail for our hike, which ascends from the Old Troy Road at about 1420 feet up the north slope of the mountain. 

It was like getting reacquainted with an old friend – this was the trail we had chosen for Sam’s first hike up the mountain, when he was two and a half, and for Joe’s first hike at age two.  But  we hadn’t up that way for several years at least.  Most of our recent hikes had been up the Marlborough Trail, ascending from the west, or the White Arrow or White Dot trails ascending from state park on the south side of the mountain.

Although the trail was in many ways familiar, there were several improvements– a new parking lot for a new trailhead on the south side of Old Troy Road, a wooden walkway over one often-boggy area.   For several of the especially hard parts where it was a few feet to the next stepping place on the stones, intermediate rocks had been carefully placed so that short-legged types could make it more easily.  Many of the tree blazes had been replaced by nailed-in plastic reflectors, and above the tree line many of the blazes looked freshly painted.  In fact, about two-thirds of the way up we encountered a man repainting a big “D.”   We thanked him profusely for his work.

Paul with Pumpelly Ridge to the left

Paul with view down to Stone Pond

After about an hour, we reached the first viewpoint; Paul can be seen here with Stone Pond to his left, and then with the Pumpelly Ridge, a trail we have never taken but one that I very much want to try (it is always vetoed because it is the longest trail to the top). 

Paul and Nancy at the summit of Mount Monadnock

View to the north as we headed back down from the summit

Clouds over Dublin Pond

Nancy at the summit with clouds -- thunderheads?

After that we climbed through smaller trees and brush before coming out on the bare rocks, heading to the summit (3165 feet over sea level). When we reached the summit, there was crowd of maybe 75 or even 100 people, including many small family groups as well as a couple of groups of campers.  Monadnock is said to be the most climbed mountain in the United States, perhaps because it is within three hours of Boston and five hours of New York.  There are spots on the mountain named for Emerson and Thoreau, who were among the hikers who spent time on the mountain in the middle of the 19th century.

Nancy and I are both pictured at the top, along with some clouds that seemed to promise thunderstorms to come. We had a nice lunch of cheddar cheese, salami, fruit, and gorp.  

Paul emerges from Stone Pond while Hal sits on everybody's favorite rock

Mount Monadnock seen over Stone Pond

Then we headed back down to enjoy an afternoon swim; I walked around the lake for this nice view of the mountain over Stone Pond. 


It never did rain.