Showing posts sorted by date for query Dieselgate. Sort by relevance Show all posts
Showing posts sorted by date for query Dieselgate. Sort by relevance Show all posts

Wednesday, May 17, 2023

Billigung

Billigung (pronounced bill-a-ghin)

(1) To approve.

(2) To acquiesce.

(3) Tacitly to accept; not to oppose.

(4) "Looking the other way" from something one would not wish to admit knowledge of; a means of creating a defense of plausible deniability; a self-denial of knowledge.

1300s: A Modern German form from the Old High German billīh (appropriate), from the Proto-Germanic biliz (merciful, kind, decent, fair), the variant being Billigung (approval; acceptance), the construct being billig(en) +‎ -ung (from the Middle High German -ung & -unge, from the Old High German -unga, from the Proto-Germanic -ungō; it was used to forms nouns from verbs, usually describing either an event in which an action is carried out, or the result of that action).  The third-person singular & simple present tense is billigt, the past tense is billigte, the past participle is gebilligt and the auxiliary haben.  In German, bein a noun there's always an initial capital but when used in English as a general descriptor (sepecially in a legal context), it usually all in lower-case.  Billigung is a noun and in German, there's no plural form although in English-language texts it might appear as "billigungs" for the sake of clarity. 

When wishing not to know, look the other way

The German Billigung is not so much hard to translate as able to be translated in a number of senses; context is everything.  The way it is used to mean “looking away; avoiding specific knowledge of something which one knows or suspects is happening” was clarified in 1977.  Albert Speer (1905-1981, Reich Minister for Armaments 1942-1945), the convicted war criminal, had always denied any knowledge of the holocaust and was displeased when sent the English translation of a profile to be published in Die Zeit magazine in which Billigung had been rendered as his “...tacit consent... of the final solution.  This he corrected, explaining Billigung in this context meant looking away.  This meant he averted his gaze from the worst crime of the criminal régime he served in order to be able to deny he knew of it.  Speer, predictably, was able to summon a word to explain this too: Ahnumg (the sensing of something without quite knowing exactly what).  He did at least concede the implication of his translation “...is as grave…” as the original, one biographer noting that had Speer said as much at his trial “…he would have been hanged.”  Other historians and some lawyers disagreed with that but it was an assertion the author was unable to pursue.  When she tried to nudge Speer a little further, pointing out that for one to look away from something, one must first know it's there, he didn’t deny what he’d earlier said but added they “…must never speak of it again".  The moment passed and within weeks he would be dead, dying "on the job" in police slang.  Some have noted the feeling Speer conveyed of always somehow longing to confess his knowledge of the holocaust.  He so often came so close to admitting he knew what he'd always denied, as if the last great act of his life would have been to admit worst of the the guilt he convinced himself (and some others) he'd evaded when the International Military Tribunal (IMT) at the first Nuremberg  Trial (1945-1946) convicted him of war crimes & crimes against humanity (counts 3 & 4) and sentenced him to twenty years imprisonment.

Albert Speer in conversation with his lawyer Dr Hans Flächsner (1896-dod unrecorded) and a legal associate, Nuremburg, 1945.

Looking the other way.

In what he described as a “...leadership failure...", former Australian cricket captain Steve Smith (b 1989) has admitted he "didn't want to know about it" when he became aware something was being planned after seeing team mates in a dressing room discussion.  Their talks he witnessed were about ball-tampering, a form of cheating which came to be known as sandpapergate.  Billigung is one of those useful German creations (zeitgeist, schadenfreude et al) which in one word conveys what might in English take a dozen or more.  Operating somewhere on the spectrum of plausible deniability, Billigung is where someone hears of or perhaps “senses” something of which they’d prefer there be no admissible evidence of their knowledge; they “look the other way”.

Gladys Berejiklian (b 1970; Premier (Liberal) of New South Wales 2017-2021) & Daryl Maguire (b 1959, MLA (Liberal) for Wagga Wagga 1999-2018).

For some, Billigung might have come to mind when pondering the recording of a telephone call between then New South Wales (Australia) Premier Gladys Berejiklian and Daryl Maguire, another member of the same parliament with whom she was in an intimate relationship, a man forced to resign as an MP as a result of an (ongoing)  investigation by the NSW Independent Commission against Corruption (ICAC) for allegedly using his political influence in business activities.  Of interest was the premier’s use of the phrase "I don't need to know about that bit" when the former member began to tell her some details of his dubious deals.  To that pertinent observation, Mr Maguire replied "No, you don't".  The suggestion is the premier failed to declare a conflict of interest when dealing with the allocation of taxpayer funds which would be to the benefit of her then lover.  The words used by the then premier: "I don't need to know about that bit" may be compared with how Speer described his response in mid-1944 to being warned by a friend "never, under any circumstances" "to accept an invitation to inspect a concentration camp in Upper Silesia".  Speer's friend explained that at that place he'd "...seen something there which he was not permitted to describe and moreover could not describe".  Having received what he claimed was his first knowledge of Auschwitz, Speer asked no questions of anyone, later admitting: "I did not want to know what was happening there".  That was what he later called Billigung.     

At the time the recording was made public, the former premier denied any wrongdoing beyond having appalling taste in men.  Apart from the men in her life (and not a few women would ruefully admit to having "had a Daryl"), she probably was unlucky.  Billigung has long been a part of that essential tactic of political survival: "plausible deniability".  Actually, as practiced these days, because standards of accountability seem to have declined a bit, denials needs no longer be plausible, just not actually disproven by a publicly available audio tape or film clip.  Others, beyond NSW, might be taking interest, especially those south of the border intimately involved in party machines who, apparently for decades, didn't notice certain things going on around them.     

On 1 October 2021, the NSW ICAC announced certain investigations into the former premier's conduct in office.  Specifically, ICAC is focusing on the period between 2012-2018 and her her involvement in the circumstances in which public money was given to a shooting club and a conservatorium of music and whether that conduct was “...liable to allow or encourage the occurrence of corrupt conduct by Mr Maguire.  The ICAC will explore whether the conduct constituted a breach of public trust by placing the former premier in a position where a conflict of interest existed between her public duties and private interests “...as a person who was in a personal relationship with Mr Maguire.  The commission will also investigate whether she failed to report what could be defined as reasonable suspicions that “...concerned or may concern corrupt conduct in relation to the conduct of Mr Maguire.  As a point of law, the ICAC is concerned with actual substantive conduct and conflicts of interest.  It is not the test of "apprehended bias" applied to the judiciary where judgements can be set aside if a court finds there could have been a "reasonable perception" of bias or conflict of interest in some way involving a judge.  To the ICAC, any degree of perception, reasonable or not, is not relevant, their findings must be based on actual conduct.

On 1 October 2021, Berejiklian announced her resignation from both the premiership and the legislative assembly.  There are critics of the NSW ICAC who oppose the public hearings and feel its rules permit an exercise of powers rather too much like the Court of Star Chamber which they say it too closely resembles.  However, the former premier can reflect that unlike the IMT at Nuremberg, neither the Star Chamber nor the ICAC were vested with capital jurisdiction so there’s that.

Dieselgate and implausible deniability

Former Audi CEO Rupert Stadler (b 1963, right) with his lawyers Ulrike Thole-Groll (left) & Thilo Pfordte (centre) during his trial, Munich District Court, May 2023.

The billigung defense is still heard in German courts and if not always exculpatory, lawyers still appreciate its effectiveness in mitigation.  Rupert Stadler began his career with Audi AG (a subsidiary of the Volkswagen Group) in 1990 and between 2010-2018 was Audi’s Chief Executive Officer (CEO).  The scandal which came to be known as “dieselgate” involved companies in the Volkswagen group (and others) installing “cheat” software in diesel-powered vehicles so excessive exhaust emissions wouldn’t be detected during official testing and, after years of obfuscation, Volkswagen in 2015 admitted that was what exactly they’d done.  Civil and criminal proceedings in a number of jurisdictions ensued and thus far the fines alone have cost the group well over 34 million.  There have also been jail sentences imposed, something which presumably would have been in Herr Stadler’s thoughts when, in March 2018, Munich prosecutors named him as a suspect in their investigations.  A week later, he was arrested and held in an Augsburg prison, apparently as a precautionary move because it was claimed he was tampering with evidence by making a telephone call in which he suggested putting a witness “on leave”.  After a month, he was released on bail, subject to certain conditions.

In September 2020, Herr Stadler’s trial on charges of fraud began and for years (proceedings now take rather longer than in 1945-1946) he denied all wrongdoing until, in May 2023, he accepted a plea deal offered by Judge Stefan Weickert which would require him to admit guilt.  To date, he’s the highest-ranking executive to confess, tempted apparently by (1) the preponderance of evidence before the court which made it clear he was guilty as sin and (2) the deal limiting his punishment to a 1.1 million fine and a suspended sentence which would not see him jailed, an attractive alternative to the long term of imprisonment he otherwise faced upon conviction.  As confessions go however, it was among the more nuanced.  His lawyer read a statement saying the defendant (1) did not know that vehicles had been manipulated and buyers had been harmed, but (2) he acknowledged it was a possibility and accepted that, adding that in his case (3) there was a need for more care.  A classic piece of billigung, was the line (4) “I didn't know, but I recognized it as possible and accepted that the properties of diesel engines might not meet legal approval requirements” while the statement (5) “I have to admit the allegations overall” had an echo of Speer’s admission of “a general responsibility” while denying personal guilt.  Still, it must have conformed with the terms of the plea bargain because it was accepted by the judge.  His lawyer read the statement, apparently because he couldn’t bring himself personally to utter it but when asked by the judge if the words were his own, Herr Stadler replied (5) “Ja”.

Lindsay Lohan with Audi A5 cabriolet, Los Angeles, May 2011.  Ms Lohan apparently avoided being affected by the dieselgate scandal, all the photographs of her driving Audis have featured gasoline (petrol) powered cars.

Outside the court, his lawyer was a little more expansive, admitting her client had allowed vehicles equipped with manipulating software to remain on sale even after learning of the scam.  In the course of addressing the diesel issue" after the revelations became public, Stadler “neglected” to inform business partners that cars with so-called defeat devices were still going on the market, meaning he was “accepting that vehicles equipped with the illegal software would go on sale” she said.  Although it may have been stating the obvious, she added Herr Stadler regretted he’d been unable to “resolve the crisis”.  The carefully composed text may however have averted another crisis, lawyers noting the cryptic nature of some of his comments might be explained by a desire not to create grounds for additional claims by consumers for financial compensation.

How that might unfold remains to be seen but on 27 June 2023 the Munich court handed down a 21 month sentence, suspended for three years, a fine of €1.1 million (US$1.2 million) also imposed; that will go to the federal government and charities, the court ruled without providing details.  Herr Stadler was the first member of the Volkswagen board member to be sentenced for his part in the scandal, the judgment coming some four years after prosecutors first laid fraud charges.  Guilty verdicts were also delivered against two former Audi executives: head of engine development Wolfgang Hatz (b 1959) and lead diesel engineer Giovanni Pamio (b 1963) who were handed suspended jail sentences of 24 months and 21 months, respectively.  Hatz was fined €400,000 (US$437,000) and Pamio €50,000 (US$55,000).  All three were guilty as sin so the verdicts were unsurprising.

Dr Angela Merkel (b 1954; chancellor of Germany 2005-2021) & Dr Martin Winterkorn (b 1947; CEO of Volkswagen AG 2007-2015).

The long-running scandal (the fines and settlements thus far ordered having cost the group some €33 billion (US$36 billion)) still has some way to run because the case against former CEO Martin Winterkorn has yet to be heard although he’s already agreed to pay VW €11.2 million (US$12.3 million) after an internal investigation found he failed properly to respond to signs the company may have been using unlawful technology which enabled its diesel engines to evade emissions testing and it's not yet clear if Dr Winterkorn will try the billigung defense.  Herr Stadler was required to pay VW €4.1 million ($US4.5 million) under terms agreed following the same investigation.  The company clearly wished to move on and in separately issued statements, Volkswagen and Audi said they were not party to Tuesday’s proceedings, which should be “viewed independently” of proceedings against the companies which had (in Germany) been finalized in 2018.  Audi seemed anxious to confirm it was now a righteous corporation, saying “Audi has made good use of the crisis as an opportunity to start over.  We have updated our systems, processes and checks to ensure compliance company-wide.  It concluded by noting it had since “cultivated and strengthened a culture of constructive debate.”  In exchange for agreeing to pay the fines, prosecutors dropped criminal charges against Volkswagen and Audi.  

Friday, August 5, 2022

Cheater

Cheater (pronounced chee-ter)

(1) A person who cheats.

(2) A device or component used to evade detection of non-compliance with rules or regulations (such as the (Dieselgate) mechanical and electronic devices used by Volkswagen and others to cheat emissions testing programmes (usually as a modifier).

(3) Slang for eyeglasses or spectacles (archaic).

(4) In mechanical repair, an improvised breaker bar made from a length of pipe and a wrench (spanner), usually used to free screws, bolts etc proving difficult to remove with a ratchet or wrench alone; any device created ad-hoc to perform a task not using the approved or designated tools.

1300-1350: From the Middle English cheater from cheat, from cheten, an aphetic variant of acheten & escheten, from the Old French eschetour, escheteur & escheoiter, from the noun; it displaced native Old English beswican.  The -er suffix was from the Middle English –er & -ere, from the Old English -ere, from the Proto-Germanic -ārijaz, probably borrowed from the Latin -ārius.  The adoption was reinforced by the synonymous but unrelated Old French –or & -eor (the Anglo-Norman variant was -our), from the Latin -(ā)tor, from the primitive Indo-European -tōr.  The suffix was added to a person or thing that does an action indicated by the root verb, thereby forming the agent noun.  The noun cheatery is now rare, existing only in old texts.  Escheat refers to the right of a government to take ownership of estate assets or unclaimed property, most often when an individual dies without making a will and with no heirs.  In common law, the theoretical basis of escheat was that (1) all property has a recognized owner and (2) if no claimants to ownership exists or can be identified, ownership reverts to the King (in modern terms the state).  However, in some circumstances escheat rights can also be granted when assets are held to be bona vacantia (unclaimed or lost property).

The original sense was of the "royal officer in charge of the king's escheats," and was a shortened form of escheater, agent noun from escheat.  The meaning “someone dishonest; a dishonest player at a game” emerged in the 1530s as the Middle English chetour, a variant of eschetour following the example of escheat + -er which evolved in English in the modern form cheater (cheat + -er).

Heav'n has no rage, like love to hatred turn'd, nor Hell a fury like a woman scorn'd. William Congreve, The Mourning Bride (1697).

Cheater cars are a frequent sight on several social media platforms, posted presumably by impressed spectators rather than victims or perpetrators.  Techniques and artistry vary but there does seem to be a trend whereby the more expensive the car, the larger and more lurid will be the lettering.  Red, pink and fuchsia appear the colours of choice except where the automotive canvas is red; those artists adorn mostly in black or white.

Hell also hath no fury like a woman cheated upon.   

For some reason, the (anyway incorrectly quoted) phrase “Hell hath no fury like a woman scorned” is often attributed to William Shakespeare (1564–1616), possibly because it’s plausibly in his voice or maybe because for most the only time the Middle English “hath” is seen is in some Shakespearian quote so the association sticks.  The real author however was actually Restoration playwright William Congreve (1670–1729) who coined the phrase for his 1697 play The Mourning Bride, the protagonist of which, although becoming a bit unhinged by the cruel path of doomed love, doesn’t resort to leporidaecide (bunny boiling).  Congreve’s line, “Heaven has no rage like love to hatred turned, nor hell a fury like a woman scorned” was good but actually was a more poetic rendition of a similar but less elegantly expressed version another playwright had used a year earlier.  The Mourning Bride is also the source of another fragment for which the bard is often given undeserved credit: “Music has charms to soothe a savage breast” although that’s often bowdlerized as “Music has charms to soothe a savage beast”.

Politicians are notorious liars and cheaters, some even cheerfully admitting it (usually when safely in their well-provided for retirement) but in the privacy of their diaries, they’ll often happily (and usually waspishly) admit it of others.  Although he has a deserved reputation for telling not only lies but big lies, no one has ever disputed Joseph Goebbels’ (1897–1945; Reich Minister of Propaganda 1933 to 1945) assessment of a fellow cabinet member, foreign minister Joachim von Ribbentrop (1893–1946; Minister of Foreign Affairs 1938-1945) of whom he said “He bought his name, married his money and cheated his way into power”.

Guilty as sin.  Oliver Schmidt (b 1969; inmate number 09786-104 in US Federal, York Township, Michigan) received a seven year sentence for his involvement in the Volkswagen Dieselgate scandal.  Herr Schmidt (right) is pictured here receiving a Ward’s “Best Engine” award in 2015.

Volkswagen certainly gave cheating a bad name and in May 2022 the company announced the latest out-of-court settlement would be Stg£ 193 million (US$242 million) to UK regulators, following the Aus$125 million (US$87 million) imposed by the Federal Court of Australia.  To date, Dieselgate has cost the company some US$34 billion and some criminal cases remain afoot.

Smokey Yunick’s 1966 Chevrolet Chevelle #13 which some alleged was a 7:8 or 15:16 rendition, here aligned against a grid with a stock body.

In simpler, happier times, cheating was sometimes just part of the process and was something of a game between poacher and gamekeeper.  In the 1960s, NASCAR racing in the US was a battle between scrutineers amending their rule-book as cheating was detected and teams scanning the same regulations looking for loopholes and anomalies.  The past master at this cheating was Henry "Smokey" Yunick (1923–2001), a World War II (1939-1975) bomber pilot whose ever-fertile imagination seemed never to lack some imaginative idea that secured some advantage while remaining compliant with the letter of the law (at least according to his interpretation).  His cheats were legion but probably the most celebrated (and there would have been judges who would have agreed this one was legitimate) concerned his interpretation of the term “fuel tank capacity”.  NASCAR specified the maximum quantity of fuel which could be put in a tank but said nothing about the steel fuel line running from tank to engine so Mr Yunick replaced the modest ½ inch (12.5 mm) tube with one 11 feet (3.6 m) long and two inches (50 mm) wide, holding a reputed 5 (US) gallons (19 litres) of gas (petrol).  That was his high-tech approach.  Earlier he’d put an inflated basketball into an oversized fuel tank before the car was inspected by scrutineers and when they filled the tank, it would appear to conform to regulations; these days it’d be called “inflategate”.  After passing inspection, Mr Ynuick would deflate the ball, pull it out and top-up his oversized tank for the race.  Pointing out there was nothing in the rules about basketballs didn’t help him but did lead to the rule about a maximum “fuel tank capacity”, hence the later 11 foot-long fuel line.

NASCAR's letter of approval.

Mr Yunick’s 1966 Chevrolet Chevelles were different from the stock models but by the mid 1960s, all NASCAR’s stock cars were.  The difference was certainly perceptible to the naked eye and an urban legend arose that it was a 7:8 (some said 15:16) scale version.  The body’s external dimensions were however those of a stock Chevelle although the body was moved back three inches for better weight distribution, the floor was raised and the underside was smoothed out to improve the aerodynamics.  For the same reason the bumpers were fitted flush with the fenders.  The first car passed inspection (after making the modifications decreed by NASCAR) and took pole position at the 1967 Daytona 500.  He built another imaginative Chevelle for the 1968 race but it never made it past inspection.  In 1990, Smokey Yunick was inducted into the International Motorsports Hall of Fame, a recognition as richly deserved as it was overdue.

Monday, April 25, 2022

Trans

Trans (pronounced trans or tranz)

(1) A person who identifies as transgender (though now the polite use seems to be as a modifier (trans-man, trans-woman, trans-gender and not always hyphenated), the prefix denoting “on the other side of,” referring to the misalignment of one’s gender identity with one's sex assigned at birth.

(2) As an offensive slur, a historic term for a transsexual (itself a now less common term) and often used as “trannie” (which tended to be non-offensive if used within the transsexual community).  As a slur, both trans and trannie are sometimes used (often technically incorrectly) as expressions of general disapprobation of anybody perceived as maintaining an identity outside traditionally constructed gender norms.

(3) In chemistry, in (or constituting, forming, or describing) a double bond in which the greater radical on both ends is on the opposite side of the bond.

(4) In chemistry, in (or constituting, forming, or describing) a coordination compound in which the two instances of a particular ligand are on opposite sides of the central atom (eg the trans effect is the labilization of ligands which are trans to certain other ligands).

(5) In cytology, of the side of the Golgi apparatus farther from the endoplasmic reticulum.

(6) In the slang of mechanics and certain mechanical engineers, a shorting of “transmission” (an intermediate input/output device between a power unit and its eventual delivery), sometimes also truncated as “tranny” (both dating back at least decades).

Mid-late twentieth century: Transsexual appears in the literature in 1953 but then it had the meaning "intense desire to change one's sexual status, including the anatomical structure" but as early as 1941 “transsexuality” was being used to describe both "homosexuality & bisexuality".  In the current sense it has existed since 1955 but for decades the older uses overlapped.  The prefix trans- is from the Latin trāns (adverb and preposition) (across, beyond, through) from the Proto-Italic trānts, from the primitive Indo-European tr̥h-n̥ts, from terh- (through, throughout, over).  It was cognate with the English through, the Scots throch (through), the West Frisian troch (through), the Dutch door (through), the German durch (through), the Gothic þairh (through), the Albanian tërthor (through, around) and the Welsh tra (through).  Trans is a noun and adjective, the noun plural historically was transes but as trans has become a notable component of identity politics, trans is now often used, especially collectively.  The noun transness is a recent coining and although they’re still non-standard forms, (sometimes jocular) creations such as transbionic & transnessness) have and will continue to be created but it doesn’t seem that transitivity (either (1) the rule in formal grammar which defines the degree in which any one verb can take/govern objects or (2) in mathematics and formal logic, the property of being transitive) has yet in this context been re-purposed. 

The prefix trans- most occurs in loanwords from the Latin (transcend; transfix) and the model imparts meanings related to “across,” “beyond,” “through,” “changing thoroughly,” “transverse,” in combination with elements of any origin: transubstantiation; trans-Siberian; transempirical etc.  In chemistry, the prefix indicating that a chemical compound has a molecular structure in which two groups or atoms are on opposite sides of a double bond trans-butadiene and there does seem to be a widely followed convention in chemistry that trans is written in italics.  In astronomy the prefix denotes something farther from the sun (than a given planet), thus the terms trans-Martian; trans-Neptunian etc.  In genetics, it refers to having two genes, each carrying a mutation, located on opposite chromosomes of a homologous pair.  Transylvania (literally "beyond the forest) was from the Medieval Latin, the construct being trans- + sylva (the geographical area referenced); it was so-called in reference to the wooded mountains that surround it.  The pop-culture associations with vampires make the place famous.  The title of Giuseppe Verdi's (1813–1901) 1853 Opera La traviata (literally “the woman led astray”) but usually translated as “The Fallen Woman” is from traviata ("to lead beyond the way”) from tra- (across, beyond), from the Latin trāns.  English has many words either influenced by or which trans is a part including Trans-Atlantic, trans-oceanic, transnational, transsexual, translocation, transpontine, transliteration, transept, transect, transducer, transmit, transfer, transit, transmute, translucent, transform, transverse, transfuse, transitive, transcribe, transubstantiation, transplant, transcend, transfigure, transgress, transfix, transact, transmutation, transpire, transient, transfusion, transparent, transport, travesty, transpose, transgression, translate, transmigration, transaction & trajectory.

The state commonly called Jordan (الأردن in the the Arabic (Al-ʾUrdunn)) is officially the Hashemite Kingdom of Jordan.  In one of the classic colonial fixes at which the British (through long practice) used to be really good, the Emirate of Transjordan was created in 1921 as a British protectorate, independence granted in 1946 as the Hashemite Kingdom of Transjordan, renamed in 1949 to its present name to celebrate the capture of the West Bank during the 1948 Arab–Israeli War, held as annexed territory until lost in the six-day war in 1967, the claim not renounced until 1988 as part of a peace treaty with the state of Israel.  The name of Jordan is from the Jordan River which forms much of its northwestern border, the name though derived from the Hebrew ירד (Yarad) (one who descends), a reference to the waterway’s physical geography.  The name “Transjordan” wasn’t actually an invention of the British Colonial Office but an adoption of a geographical expression in use for centuries meaning “across the Jordan” and used, historically, to denote the lands east of the river.

The trans wars

The terms transgender and trans (in this context) are technically interchangeable but so fraught are the politics of identity that some may have objections to either and the general rule is to conform to whichever preference is expressed.  The developments have been so rapid in the early twenty-first century that trans has attracted the interest of the linguistics community and its been noted there are transgender people who prefer writing trans compounds as two words (ie trans man, trans woman, trans person), and when used as an open compound with a space, trans functions as an adjective modifying a noun.  Although to many it may seem a fine distinction, spelling these words as closed or hyphenated compounds (transmale, trans-woman etc) loses the distinction between trans as a descriptive adjective and man, woman, or person as a human being and on that basis cis male and cis female would be preferred although there’s no evidence of concern from the CIS community except those who assert the concept is unnecessary and add nothing to male & female.

The second "A" in LGBTQQIAAOP refers to "allies" (straight people who accept and support those anywhere in the LGBTQQIAAOP range(s)).  What allies do is actively support or advocate for the non-straight community; it does not apply to those who merely "don't oppose".  In supporting the queer participation in film, Ms Logan is an ally.

There is also trans+, dating from 2003, which doesn’t as such add a new category to gender fluidity but instead acts (mostly adjectively) as an expression of inclusiveness, an all-encompassing blanket term covering all specific gender identities which are not cisgender and (more controversially), is used by some even to include "allies" (in the sense of the second "A" in LGBTQQIAAOP) from the among the CIS.  The emergence of the concept of trans+ may have been political, a desire to avoid the internal divisions which have been documented between the LGBTQQIAAOP factions although the extent to which another constructed (and by some perhaps imposed) label can be effective in limiting the fissiparousness which may to some extent have been at least encouraged by the dictatorial implications of the label LGBTQQIAAOP is debatable.

What trans+ does is add to the (narrowly defined ) trans community (the range of gender identities including transgender, genderqueer, gender-fluid etc) the genderless, the agender, the subgender, the postgender, the bigender, the varigender and (presumably) whatever other flavors may emerge from the seemingly expanding spectrum(s) among the non-cisgender.  Another intriguing innovation, noted first in 2017 was the appending of the asterisk, presumably as a wildcard as used (since circa 1969) when handling the searching of computer file systems but linguistically, trans*, trans+* & trans*+ don’t appear in any way to change the meaning of trans+ and should probably be thought of as a strengthening of the denotation of inclusiveness.  That said, within any community (however defined), there will always be those who long for (an exclusionary) exclusivity for their faction so it’s not impossible that trans+ may yet fracture.  Transgender Day of Visibility is celebrated every 31 March, the day set aside to advocate for and celebrate the accomplishments of transgender persons, one right wing US politician who made no secret of their transphobia opining that if it has to exist, it should be moved to 29 February.

TERF but not teal: The photogenic Katherine Deves for whom green is green and  blue is blue and never the twain shall meet.

Unexpectedly, transphobia emerged as an issue in the 2022 Australian general election.  Ms Katherine Deves (b 1978; lawyer and candidate (Liberal) for the division of Warringah (NSW)), the personal selection (“captain’s pick” in the sporting parlance borrowed by politics) as candidate by Prime Minister Scott Morrison (b 1968; prime-minister since 2018) excited controversy firstly by expressing a view that trans-women should not be allowed to compete in sporting competition against cis-women because of the advantages in strength she said their origins as cis-men inherently conferred, regardless of any subsequent treatment.  That was enough to excite a reaction on twitter but things really erupted when historic social media posts were leaked, including “half of all males with trans identities are sex offenders”, referring to (gay) surrogacy as “prostitution”, suggesting a link between “transvestism and serial killers”, claiming trans teenagers were “surgically mutilated” and describing a gay magazine as “… just a mouthpiece for misogynists and the Rainbow Reich.”  Given comparing anything to the Nazis is best left to consenting historians behind closed doors, that might have been expected to trigger another twitterstorm but reaction was untypically subdued, the issue of transphobia seemingly drowning out everything else.  The US president had also caught her eye.  Disturbed by his pro-trans position, she posted that she didn't "...believe Biden is capable of thinking much at all, he’s clearly showing signs of dementia’’ although she refused to accept his views were sincere and he was forced by political necessity to pander to the very powerful and incredibly dangerous” transgender activists within the Democratic Party.

Demonstration in the Warringah electorate by the Community Action for Rainbow Rights to protest the Liberal Party’s endorsement of Ms Deves as their candidate.

Ms Deves, a self-described TERF (trans exclusionary radical feminist) issued a statement in which she acknowledged that “…trying to prosecute arguments about complex, nuanced and difficult subjects ... should not take place on a platform that propagates offence and division and hurt.” “Going forward…” she added, “I will be conducting myself in a dignified and respectful fashion”, noting that twitter “…was not the appropriate platform to do so.”  I have removed myself from that platform, and I will not be going back there again.”  With this issue, we have a collision of rights and thus far the voices of women and girls have not been heard. And when we have a collision of rights in liberal democracies, we debate them in a reasonable, measured fashion – that's what should have taken place here.”

It wasn’t a difficult statement to deconstruct, Ms Deves, who previously had also condemned surrogacy as a “human rights violation” not retreating from or recanting her expressed opinions, just saying they’d no longer appear on twitter.  Mr Morrison, not previously noted for any contribution to feminist thought, seemed grateful finally to have stumbled on such a champion of women’s rights and declared “She is a woman standing up for women and girls and their access to fair sport in this country”, adding “I am not going to allow her to be silenced.”

Nor it seems, shortly, will twitter.  Ms Deves may be joyful about libertarian Elon Musk's (b 1971) plans to overthrow the censorious ancien régime at twitter and may yet return to the platform but it may be a moot point whether her advocacy in the matter of women’s sport is anyway an example of transphobia.  That discussion is solely about participation in sporting competitions restricted to “women”, there being no debate about the right of trans-persons to enter events restricted to “men”.  The issue therefore is not one of a generalized transphobia but rather "transwomanphobia" although that does seem no less objectionable.  However, regardless of the syntax, it’s not something which is going to go away soon because the medical and legal devices adopted by sporting codes and the anti-doping agencies have not satisfied everybody and it may be no such solution exists.  The dispute remains afoot.

The Warringah electorate has existed in essentially its present form since a 1922 redistribution (re-districting) and has been associated with some notable characters in political history.  The member (as an independent and for the Liberal Party and its predecessors) between 1937-1951 was Sir Percy Spender (1897–1985; foreign minister 1949-1951; Ambassador to the United States 1951–1958; member of the International Court of Justice 1958–1967 (president 1964-1967)).  Sir Percy was the grandfather of Allegra Spender (b 1978), a Sydney business identity & heiress who is standing as one of the so-called “teal independents” (teal presumably the idea of mixing a “blue-blood” establishment background with a “green” environmental consciousness) targeting those Liberal-held seats thought vulnerable because the voters’ profile tends to a more progressive agenda.  Throughout his career at the bar, in politics and on the bench, Sir Percy was noted, though not always praised, for his independence of mind and one suspects he might have approved of his grand-daughter’s designs on his old seat.

Sunday at Clontarf Beach (1979), oil on canvas, by Salvatore Zofrea (b 1946).

Edward (Ted) St John (1916-1994; a practicing QC) (confusingly pronounced sin-gin in one of the historic quirks of Anglo-French) held the seat for three turbulent years between 1966-1969, during which he managed to upset two prime-ministers and not a few others repelled by his moralizing although, despite his prudish and puritanical reputation, he was a doughty defender of free speech and appeared for the defense in the Oz and Thurunka obscenity cases (which saw him, bizarrely, labeled "a pornographer") and would later in his legal chambers hang Salvatore Zofrea’s Sunday at Clontarf Beach, something a little more explicit than what usually adored the walls of the Sydney bar.  His memoir (A Time to Speak (1969)) was uncompromising but well-written.

Less impressive was the tenure of Michael MacKellar (1938–2015) who kept the plum seat in his grasp between 1969-1994.  Due more to the effluxion of time than any obvious talent, he served as an undistinguished member of the Fraser government (1975-1983) but is now remembered only for an attempt to evade duty on imported goods, an event blamed, as is traditional, on a mistake by a member of staff apparently employed by the taxpayer also to attend to the minister’s personal paperwork.  In an example of how cover-ups tend to be worse than the original indiscretions, a fellow Minister, John Moore (b 1936; MP 1975-2001, minister in the Fraser and Howard governments), attempted a cover-up, the consequence being they both were compelled to resign their offices.  Whatever might be the criticisms of Malcolm Fraser (1930–2015; prime-minister 1975-1983), he did maintain high standards of ministerial propriety which have for some time, essentially ceased to exist and the decline in the enforcement of those standards does mean subsequently there have been plenty of second and third acts in Australian politics.  Although he never again held office, Mr Mackellar did return to serve on the opposition front bench and thrice unsuccessfully sought the deputy leadership of the Liberal Party.

Mr Moore’s story was even more amusing.  In opposition between 1983-1996, he served in the shadow cabinet while also making a few unsuccessful attempts to become deputy leader but his most notable contribution was as one of a triumvirate of malcontents who (quite competently it must be admitted) in 1989 arranged the knifing in the back of John Howard’s (b 1939; prime-minister 1996-2007) leadership and the re-installation of (the previously and subsequently) unsuccessful Andrew Peacock (1939–2021; leader of the opposition 1983–1985 & 1989–1990).  Mr Howard proved remarkably forgiving (or just desperate to afforce his team with some experience, none except him, Moore and one other ever having served in a cabinet), appointing Mr Moore to cabinet in 1996 and even (in a sign of the declining standards which have since further been eroded) not sacking him when he was found to have breached the ministerial code of conduct.  His usefulness to Mr Howard over by 2001, he was dropped from cabinet and Mr Moore resigned his seat at a point when the party’s fortunes were at a low ebb, the subsequent by-election delivering to the Labor Party what had hitherto been a safe Liberal seat.  In 2015, in what came to be known as the “snouts in the trough” case, Mr Moore and three other former MPs took to the High Court the claim that some (slight) limits placed on some taxpayer-funded allowances (to which they claimed they were for life entitled) were unconstitutional.  They lost.

MacKellar’s successor was Tony Abbott (b 1957; prime-minister 2013-2015) who held Warringah between 1994-2019, always for the Liberal Party although his views seemed more often to reflect those of the Democratic Labor Party (DLP or "Vatican down-under" as it's better understood) which many assumed was his true spiritual home.  Mr Abbott, in what may prove either an aberration or emblematic of something of a shift in political alignments, in 2019 lost the seat to Zali Steggall (b 1974; lawyer and former Winter Olympian) who stood as an independent on a platform which focused on the matter of climate change (the scientific validity of which Mr Abbott once famously dismissed as "crap").  Ms Steggal will in the 2022 poll be re-contesting Warringah, joining Ms Spender as one of the “teal independents”.

The Trans-Am

Trans-Am racing 1969: Porsche 911Rs and Alfa-Romeo GTA.

The Trans-Am Series is a motorsport competition in North America (thus the name trans- (across) + America(s)).  Sanctioned by the Sports Car Club of America (SCCA).  It was first held in 1966, its classic years between 1966-1970, an era in which many of the US manufacturers provided factory backing to the participating teams and there was a symbiotic relationship with the SCCA which came to adjust the rules to suit the available machinery, a reversal of the original model in which the regulations were laid down and the cars were required to conform.

Trans-Am racing 1969: Chevrolet Camaro Z/28s and Ford Boss Mustangs.

Popular from the start, the rules were designed to attract the interest of the baby boomers who were buying versions of the cars raced, and it was originally a series for FIA Group 2 Touring Cars, (slightly) modified standard production vehicles within certain size constraints and built in a certain volume in two capacity classes (122 cubic inches (2.0 litre) and 305 cubic inches (5.0 litre)), both running together on the track.  As intended, it attracted the entries of the US "pony cars" (Plymouth Barracuda, Ford Mustang and their imitators) and the high-performance versions of the European machinery sold in the US.  Bizarrely as it now sounds, the latter class included the then two-litre Porsche 911 because the Germans had prevailed on the SCCA to classify it as a "sedan" but it was then a different sort of vehicle and, cognizant of its evolution, it was later re-classified as a "sports car".  The two litre class was interesting and fiercely contested but it was the noise and fury of the V8 powered pony cars which attracted sponsorship and crowds.

Trans-Am racing 1970: Ford Boss Mustang and Plymouth T/A Cuda.

The series is remembered for the competition between pony cars such as the Ford Mustang, Mercury Cougar, Chevrolet Camaro, Pontiac Firebird, Dodge Challenger, Plymouth Barracuda & AMC Javelin but it didn't long last as something for the typical cars bought from showrooms in the tens of thousands.  The victory of the Mustang in the first two years of the championship had done much for Ford's image and in response, with a pot of money in one hand and a copy of the SCCA rule-book in the other, Chevrolet built a special version of their new pony car, the Camaro Z/28 which featured a unique 302 cubic inch version of the small-block V8 which, highly strung and noisy, obviously wasn’t intended for anywhere but a race track.  To this, Ford responded.  They had enlarged their mainstream small-block V8 to 302 cubic inches but it wasn't race-ready like the Z/28 so what was concocted was one of the wilder power-plants of the era, the tunnel-port 302 although, despite the company's assurances, it was never produced in sufficient numbers to conform with the SCCA's rules but of greater concern was the way it was prone to blowing up.  What Ford had done was to take a technique which had proved successful on the bigger FE engine, which in 427 cubic inch (7.0 litre) form had been reliable enough twice to win the Le Mans twenty-four classic, solving a problem inherent to pushrod engines; the limitations imposed on intake port size by the need to provide a passage for the pushrod tube.  A tunnel-port was, as the name implied, a tunnel for the pushrod which passed directly through the port which could now be made as large as possible.  Surprisingly, the tubular tunnels proved to have no adverse effect on gas flow, the tunnel-port 302s producing prodigious power and, satisfied what they'd seen on the dynamometer was indicative of a race-winning engine, Ford went racing.  Unfortunately, those big ports which guaranteed the stunning top-end power actually inhibited low and mid-range torque and that was what was required on the twisty road courses and street circuits where the Trans-Am cars ran and the high-revving tunnel ports, away from the static environment of the dynamometer test rig, generated much stress and components began frequently to break.  Chevrolet won the next two Trans-Am titles.  Ford came up with a better idea the next year, the Boss 302 sacrificing some of the tunnel-port's intoxicating high range response but delivering its power over a range actually usable by race drivers and Ford duly won the 1970 championship.

Trans-Am racing 1968: Pontiac Firebird.

The writing however was on the wall for the practice of putting race-engines in road cars.  The world was changing and the manufacturers were being forced to divert resources away from motorsport to more prosaic pursuits like safety and emission control, racing budgets shrinking or evaporating.  In response, the SCCA changed the rules so that it was no longer necessary for manufacturers to produce and sell a specified number of the sometimes cantankerous race-bred mills, instead allowing them to modify just what was used in the race-cars, even increasing or reducing capacity as required.  Thus the exotic 302s (and Pontiac's stillborn 303) were retired and Chrysler was encouraged to enter the fray, the race teams de-stroking their LA 340 cubic inch (5.5 litre) V8 to meet the limit.  The pragmatic approach sustained interest for another couple of years but by 1973 the manufacturers had withdrawn support to concentrate on things more essential and the first oil shock that year guaranteed the corporate gaze would remain averted from the circuits.  The Trans-Am series however, under a variety of names, continued and is still run although it's never again captured the imagination the way it did in that first half-decade.

The Pontiac Trans Am

1969 Pontiac Trans Am.

Over four generations, the Pontiac Firebird was produced between 1967-2002 but is best remembered for the Trans Am versions, introduced in 1969.  The original intention had been that like Chevrolet’s Camaro Z/28, the Firebird Trans Am would be a genuine race-ready package, the centrepiece of which would be a short-stroke, 303 cubic inch V8.  Unfortunately, development of the 303 was delayed and by the time a reputed twenty-five odd had been installed in pre-production vehicles, the SCCA had changed the rules and the special race engines were no longer required but, having invested so much already in the other parts, Pontiac decided anyway to proceed which meant (1) the true Trans Am never actually took part in the series after which it was named and (2) the production version was really just a Firebird which looked like a racing car.  Fortunately, it transpired that was exactly what the market really wanted and for decades the Trans Am was usually Pontiac’s most profitable range, the bottom like dented only slightly by the US$5.00 per unit paid to the SCCA as a licensing fee for the use of the name (although Pontiac deleted the hyphen).

1973 Pontiac Trans Am SD-455.

Perhaps the most famous of the Trans Ams were those produced in 1973-1974 and fitted with the SD-455 engine (455 cubic inches (7.5 litre)), an unexpected throwback to high-performance in an era when outputs were in decline and it was thought both the industry and buyers had lost interest in such things.  Resurrecting the SD (Super-Duty) moniker which Pontiac had used as a high-performance designator in the early 1960s, the SD-455 is infamous for the trick with which Pontiac tried to fool the EPA’s (Environmental Protection Agency) inspectors, a primitive version of dieselgate which in the twenty-first century would cost Volkswagen and others (all also guilty as sin) billions.  Pontiac’s engineers had studied the parameters of the EPA’s tailpipe-emission test cycle and, noting it ran for fifty seconds, devised an ingenious system which after 53 seconds deactivated the critical anti-emission plumbing.  Under this regime, the SD-455 was able to produce the 310 horsepower which was by then the top rating in the industry while still receiving the vital EPA certification required legally to sell the thing.  Unfortunately, the EPA’s engineers turned out to be just as clever and detected the ruse, a more impressive performance than that of the later eurocrats who “caught” Volkswagen only because Mercedes-Benz snitched on them in exchange for immunity from prosecution.  Those were more forgiving times and instead of being pursued through the courts, Pontiac was required only to follow the rules and although the SD-455 had to be detuned a little, the resulting 290 horsepower was still more than anyone else could manage in those years.

High Performance Cars Magazine, April 1973.

SD-455 production numbers were low, 295 in 1973 (252 in Trans Ams & 43 in Firebird Formulas) and 1001 in 1974 (943 Trans Ams & 58 Formulas) and after the troubles with the EPA, plans to offer the engine in other models were abandoned although not until after some pre-production (310 horsepower) Trans Ams and one GTO (a larger, four-seat coupé) had been given to the press for testing and publicity.  The SD-455 Trans Am’s reputation is thus probably a little inflated because many of the performance numbers quoted come from the early tests of the machines with the anti-EPA cheat gear attached but more embarrassing was that Hi-Performance Cars magazine, impressed with the SD-455 GTO they'd tested, announced it as the winner of their 1973 Car of The Year Award, the magazine hitting the news-stands just the decision was taken not to produce the thing.