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Archive for the ‘Law Enforcement’ Category

POLYGRAPH BY COPIER

In Bureaucracy, History, Law, Law Enforcement, Social commentary on October 22, 2014 at 12:01 am

Ever heard of “polygraph by copier”?

If you haven’t, here’s how it works:

A detective loads three sheets of paper into a Xerox machine.

“Truth” has been typed onto the first sheet.

“Truth” has been typed onto the seond sheet.

“Lie” has been typed onto the third sheet.

Then a criminal suspect is led into the room and told to put his hand against the side of the machine.

“What is your name?” asks the detective.

The suspect gives it.

The detective hits the copy button, and a page comes out: “Truth.”

“Where do you live?” asks the detective.

The suspect gives an address, the detective again hits the copy button, and a second page appears: “Truth.”

Then comes the bonus question: “Did you or did you not kill Big Jim Tate on the evening of….?”

The suspect answers.  The detective presses the copy button one last time, and the sheet appears: “Lie.”

“Well, well, well, you lying little bastard,” says the detective.

Convinced that the police have found some mysterious way to peer into the darkest recesses of his criminality, the suspect “gives it up” and makes a full confession.

Yes, contrary to what many believe, police can legally use deceit to obtain a confession.

In 1973, the Supreme Court ruled, in United States v. Russell: “Nor will the mere fact of deceit defeat a prosecution, for there are circumstances when the use of deceit is the only practicable law enforcement technique available.”

In that case, the Court narrowly upheld a conviction for methamphetamine production even though the defendant had argued entrapment.

So what types of interrogative deceit might a police officer use to develop admissible evidence of a suspect’s guilt?

The general rule is that deception can be used so long as it’s not likely to cause an innocent person to commit a crime or confess to a crime that s/he didn’t commit.

Click here: The Lawful Use of Deception – Article – POLICE Magazine

Consider the following examples:

  • A detective is interviewing a suspect in a rape case.  “Oh, that girl,” he says, thus implying that the victim was a slut and had it coming.  The suspect, thinking he’s dealing with a sympathetic listener, starts bragging about his latest conquest–only to learn, too late, that his listener isn’t so simpatico after all.
  • “We found your prints on the gun”–or on any number of other surfaces.  Actually, there are few good places on a pistol to leave prints.  And those that are left can be smeared.  The same goes for other surfaces.  But if a suspect can be led to believe the cops have his prints, a confession is often forthcoming.
  • A police officer is interrogating a suspect in a murder case.  “He came at you, didn’t he?” asks the cop.  The suspect, who murdered the victim in cold blood, thinks he has an escape route.  “Yeah, he came at me”–this confirming that, yes, he did kill the deceased.
  • “Your partner just gave you up” is a favorite police strategen when there is more than one suspect involved.  If one suspect can be made to “flip”–turn–against the other, the case is essentially wrapped up.
  • Interrogating a bank robbery suspect, a cop might say: “We know you didn’t do the shooting, that you were only the wheelman.”  This implies that the penalty for driving the getaway car is far less than that for killing someone during a robbery.  In fact, criminal law allows every member of the conspiracy to be charged as a principal.
  • “I don’t give a damn what you did,” says the detective.  “Just tell me why you did it.”  For some suspects, this offers a cathartic release, a chance to justify their guilt.
  • The “good cop/bad cop” routine is known to everyone who has ever seen a police drama.  Yet it continues to yield results so often it continues to be routinely used.  “Look, I believe you,” says the “good” cop, “but my partner’s a real asshole.  Just tell me what happened so we can clear this up and you can go.”
  • “So,” says the detective, “why do you think the police believe you did it?”  “I have no idea,” says the suspect, confident that he isn’t giving up anything that might come back to haunt him.  “Well,” says the cop, “I guess you’ll just have to make something up.”  Make something up sounds easy, but is actually a trap.  The suspect may end up giving away details that could incriminate him–or lying so brazenly that his lies can be used against him.

So is there a best way for a suspect to deal with an invitation to waive his Miranda right to remain silent?

Yes, there is.  It’s to refuse to say anything and to ask for permission to call a lawyer.

That’s the preferred method for Mafia hitmen–and accused police officers.

Any cop who finds himself under investigation by his department’s Internal Affairs unit automatically shuts up–and calls his lawyer.

Any other response–no matter how well-intentioned–may well result in a lengthy prison sentence.

 

 

 

THE TRUTH ABOUT POLICE

In Bureaucracy, Law Enforcement, Politics, Social commentary on October 17, 2014 at 1:21 am

Lori Tankel had a problem: A lot of angry people thought she was George Zimmerman.

She began getting death threats on her cellphone after a jury acquitted him on July 13, 2013, of the second-degree murder of 17-year-old Trayvon Martin.

Unfortunately for Tankel, her number was one digit away from the number Zimmerman used to make his call to police just before he fatally shot Martin.

The phone number had been shown throughout the trial.  And, believing the number was Zimmerman’s, someone posted Tankel’s number online.

Just minutes after the verdict, Tankel began getting death threats.

“We’re going to kill you.  We’re going to get you.  Watch your back,” threatened a typical call.

Tankel worked as a sales representative for several horse companies.  She had grown used to relying on her phone to keep her business going.

But, almost as soon as the Zimmerman verdict came in, “My phone just started to blow up. Phone call after phone call, multiple phone calls,” Tankel said.

So she did what any ordinary citizen, faced with multiple death threats, would do: She called the police.

According to her, the Seminole County Sheriff’s Office told her the department itself receives around 400 death threats a minute on social media sites.

In short: Unless you’re wealthy, a politician or–best of all–a cop, don’t expect the police to protect you if your life is threatened.

If you doubt it, consider the lessons to be learned when, in February, 2013, Christopher Dorner declared war on his former fellow officers of the Los Angeles Police Department.

First, above everyone else, police look out for each other.

Robert Daley bluntly revealed this truth in his 1971 bestseller, Target Blue: An Insider’s View of the N.Y.P.D.  A  police reporter for the New York Times, he served for one year as a deputy police commissioner.

“A great many solvable crimes in the city were never solved, because not enough men were assigned to the case, or because those assigned were lazy or hardly cared or got sidetracked.

“But when a cop got killed, no other cop got sidetracked.  Detectives worked on the case night and day….

“In effect, the citizen who murdered his wife’s lover was sought by a team of detectives, two men.  But he who killed a cop was sought by 32,000.”

Second, don’t expect the police to do for you what they’ll do for one another.

The LAPD assigned security and surveillance details to at least 50 threatened officers and their families.  A typical detail consists of two to five or more guards.  And those guards must be changed every eight to 12 hours.

Those details stayed in place long after Dorner was killed in a firefight on February 12.

But if your bullying neighbor threatens to kill you, don’t expect the police to send a guard detail over.  They’ll claim: ”We can’t do anything until the guy does something.  If he does, give us a call.”

Third, the more status and wealth you command, the more likely the police are to address your complaint or solve your case.

If you’re rich, your complaint will likely get top priority and the best service the agency can provide.

But if you’re poor or even middle-class without high-level political or police connections, you’ll be told: “We just don’t have the resources to protect everybody.”

Fourth, don’t expect your police department to operate with the vigor or efficiency of TV police agencies.

“I want this rock [Hawaii] sealed off,” Steve McGarrett (Jack Lord) routinely ordered when pursuing criminals on “Hawaii Five-O.”

Jack Lord as Steve McGarrett

Real-life police departments, on the other hand:

  • Often lack state-of-the-art crime labs to analyze evidence.
  • Often lose or accidentally destroy important files.
  • Are–like all bureaucracies–staffed by those who are lazy, indifferent or incompetent.
  • Are notoriously competitive, generally refusing to share information with other police departments-–thus making it easier for criminals to run amok.

Even when police ”solve” a crime, that simply means making an arrest. 

After that, there are at least three possible outcomes:

  • The District Attorney may decide not to file charges. 
  • Or the perpetrator may plead to a lesser offense and serve only a token sentence-–or none at all. 
  • Or he might be found not guilty by a judge or jury.

Fifth, the result of all this can only be increased disrespect for law enforcement from a deservedly–and increasingly–cynical public.

It is the witnessing of blatant inequities and hypocrisies such as those displayed in the Christopher Dorner case that most damages public support for police at all levels.

When citizens believe police care only about themselves, and lack the ability-–or even the will-–to protect citizens or avenge their victimization by arresting the perpetrators, that is a deadly blow to law enforcement.

Police depend on citizens for more than crime tips.  They depend upon them to support hiring more cops and  buying state-of-the-art police equipment.  When public support vanishes, so does much of that public funding.

The result can only be a return to the days of the lawless West, where citizens–as individuals or members of vigilantee committees–looked only to themselves for protection.

SECRET SERVICE PROBLEMS – A LONG HISTORY: PART TWO (END)

In Bureaucracy, History, Law Enforcement, Politics, Social commentary on September 24, 2014 at 12:15 am

On the night of September 19, an Iraq war veteran, Omar Gonzales, jumped the White House fence, ran more than 70 yards across the north lawn, and sprinted just past the north portico White House doors.

Gonzalez appeared unarmed as he ran across the lawn–possibly why agents didn’t shoot him or release their service dogs to detain him. But in his pants pocket he had a small folding knife with a three-and-onoe-half inch serrated blade when he was apprehended.

According to a criminal complaint, when Gonzalez was apprehended he told Secret Service agents he was “concerned that the atmosphere was collapsing” and needed to contact the president “so he could get word out to the people.”

Then, less than 24 hours after Gonzalez’s arrest, a second man was apprehended after he drove up to a White House gate and refused to leave.  This triggered a search of his vehicle by bomb technicians in full gear.  Other agents shut down nearby streets.  No bombs were found.

Asked for Obama’s reaction, White House spokesman Frank Benenati gave this boilerplate reply: “The president has full confidence in the Secret Service and is grateful to the men and women who day in and day out protect himself, his family and the White House.”

But the blunt truth is that many of the problems now plaguing the U.S. Secret Service were on full display as early as 2009.

That was when well-known investigative reporter Ronald Kessler published his latest book, In the President’s Secret Service.

Kessler had previously pubilshed books outlining the inner workings of the White House, the CIA and the FBI.

Kessler praised the courage and integrity of Secret Service agents as a whole.  But he warned that the agency was risking the safety of many of its protectees, including President Obama.

He was particularly critical of SS management for such practices as:

  • Shutting off weapon-scanning magnetometers at rallies for Presidential candidates–and even for Presidents George W. Bush and Obama. 
  • During a speech Bush gave at Tbilisi, Georgia in 2005, an assailant threw a live hand grenade–which failed to explode–at him.  
  • Despite 9/11, Secret Service agents are still being trained to expect an attempt by a lone gunman—rather than a professional squad of terrorist assassins.
  • The Service’s Counter Assault Teams (CATs) have generally been cut back from five or six agents to tworendering them useless if a real attack occurred.
  • Salaries paid to SS agents have not kept pace with reality. Veteran SS men and women are now being offered up to four times their salary for moving to the private sector, and many are leaving the agency for that reason.

  • While Congress has greatly expanded the duties of this agency, Secret Service management has not asked for equivalent increases in funding and agents.
  • Many agents are leaving out of frustration that it takes “juice” or connections with top management to advance one’s career.
  • SS agents are being trained with weapons that are outdated (such as the MP5, developed in the 1960s) compared to those used by other law enforcement agencies and the potential assassins they face (such as the M4–with greater range and armor-piercing capabilities).
  • The Service refuses to ask for help from other agencies to meet its manpower needs. Thus, a visiting head of state at the U.N. General Assembly will usually be assigned only three agents as protection.
  • The agency tells agents to grade themselves on their physical training test forms.  
  • Agents are supposed to be evaluated on their marksmanship skills every three months.  But some agents have gone more than a year without being tested.
  • Some agents are so overweight they can’t meet the rigorous demands of the job.  As a result, they pose a danger to the people they’re supposed to be guarding.
  • The Secret Service inflates its own arrest statistics by claiming credit for arrests made by local police.
  • Congressional members who visit the agency’s Rowley Training Center in Laurel, Maryland, are treated to rehearsed scenarios of how the agency would deal with attacks. If agents were allowed to perform these exercises without rehearsals, Congressional members would see they can and do make mistakes like anyone else.

Kessler closes his book with the warning: “Without….changes, an assassination of Barack Obama or a future president is likely.

“If that happens, a new Warren Commission will be appointed to study the tragedy. It will find that the Secret Service was shockingly derelict in its duty to the American people and to its own elite corps of brave and dedicated agents.”

And the effects will be not only momentary but long-term.  As Kessler writes:

“By definition, an assassination threatens democracy.

“If Abraham Lincoln had not been assassinated, Andrew Johnson, his successor, would not have been able to undermine Lincoln’s efforts to reunite the nation and give more rights to blacks during the Reconstruction period.

“If John F. Kennedy had not been assassinated, Lyndon Johnson likely never would have become President.  If Robert F. Kennedy had not been killed and had won the presidency, Richard Nixon might never have been elected.”

SECRET SERVICE PROBLEMS – A LONG HISTORY: PART ONE (OF TWO)

In Bureaucracy, History, Law Enforcement, Politics on September 23, 2014 at 12:15 am

On September 11, 2001, Secret Service agents literally grabbed Vice President Dick Cheney and hauled him from the White House to a secure facility beneath the Executive Mansion.

As for everyone else who worked in the White House, agents simply threw open the White House doors and ordered: “Run!”

“Women, take off your shoes!” agents shouted–so they could run faster. Frightened Presidential aides were told to remove their White House badges–just in case snipers were lurking nearby.

That was it.

With the World Trade Center and Pentagon in flames, and the White House seemingly next in line as a target, this was the sum total of protection offered White House staffers by the agency considered the elite in Federal law enforcement.

Not knowing what to do, some aides walked home in a daze.

Click here: Amazon.com: Days of Fire: Bush and Cheney in the White House (9780385525190): Peter Baker: Books

(President George W. Bush was not in the White House at the time.  He was reading The Pet Goat to a group of children at Emma E. Booker Elementary School in Sarasota, Florida.)

Three days later, on September 14, Andy Card, Bush’s chief of staff, addressed White House staffers in Room 450 of the Eisenhower Executive Office Building, next to the West Wing.

Card said he understood that “this is not what any of you signed up for when you joined the White House staff.”  And he offered them the chance to resign without anyone–himself or the President–thinking any less of them.

When no one offered to leave, Card let a Secret Service agent offer security advice:

  • Vary your routines to and from work.
  • Watch out for any cars that might be following you.
  • Go to different restaurants for lunch.

At least one member of the audience, Bradford Berenson, an associate White House counsel, knew he wouldn’t be taking that advice.

Like most of the others at the meeting, his name was listed in the local phone book.  A terrorist wanting to kill him need only lurk outside Berenson’s home and open fire when he appeared.

Click here: 500 Days: Secrets and Lies in the Terror Wars: Kurt Eichenwald: 9781451669398: Amazon.com: Books

And that was it, as far as the Secret Service was concerned.

No offers of even temporary escorts by Secret Service agents.  No offers to install “panic buttons” in their homes in case of emergency.

In essence: “We’re really glad you’ve decided to serve your country.  But don’t expect us to protect you.  You’re on your own.”

Fast forward 13 years later.

On the night of September 19, an Iraq war veteran, Omar Gonzales, jumped the White House fence, ran more than 70 yards across the north lawn, and sprinted just past the north portico White House doors.

Gonzalez appeared unarmed as he ran across the lawn–possibly one reason why Secret Service agents didn’t shoot him or release their service dogs to detain him. But he had a small folding knife with a three-and-one-half-inch serrated blade when he was apprehended.

According to a criminal complaint, when he was arrested he told Secret Service agents he was “concerned that the atmosphere was collapsing” and needed to contact the President “so he could get word out to the people.”

Even more disturbing: At the time of his arrest, Gonzalez had a machete, two hachets and 800 rounds of ammunition in his car.

In July, he had been arrested in Wythe County, Virginia, and charged with possession of a shotgun and a sniper rifle. He was also charged with eluding and evading arrest.

In addition, police found that Gonzalez had a map with the White House circled.

Then, in late August, Gonzalez was stopped while walking along the White House fence. He was carrying a hatchet and allowed police to search his car, where they found camping gear and two dogs.  He was not arrested then.

Why was he even allowed outside a jail cell?

Secret Service agents standing post.

Rep. Pete King (R-N.Y.) has called for a “full investigation” of the incident.

“I have great respect for the Secret Service, but this is absolutely inexcusable,” King said in an appearance two days later on “Fox News Sunday.”

King said officers should have acted more quickly, as the man could have had a body bomb or vest.  He also argued that given the tensions between the United States and the Islamic State of Iraq and Syria (ISIS) the Secret Service should have been especially alert.

King said the House Homeland Security Committee would likely hold hearings on the incident.

The Secret Service’s Office of Professional Responsibility will review the incident.

(President Barack Obama was not in the White House at the time.  He and his daughters had just left to spend the weekend at Camp David, the Presidential retreat.)

Then, less than 24 hours after Gonzalez’s arrest, a second man was apprehended after he drove up to a White House gate and refused to leave.  This triggered a search of his vehicle by bomb technicians in full gear.  Other agents shut down nearby streets.  No bombs were found.

SAME TERROR THREAT, DIFFERENT RESPONSES

In Bureaucracy, History, Law Enforcement, Military, Politics on September 22, 2014 at 12:05 am

“In sha Allah a day will come when David Camerons head will be on a spike as he continues to wage war on the awilya of Allah.”

So tweeted a female jihadist from Britain, who goes by the Twitter handle @UmmKhattab, and is based in Raqqa, northeast Syria.

The threat to England’s prime minister, made on September 7, instantly caught the attention of British anti-terrorist authorities.

In August, the Islamic terror threat to Great Britain rose sharply.

Reports had surfaced that British-born female jihadis were running a religious police force that punished women for un-Islamic behaviour in territory controlled by the Islamic State of Iraq and Syria (ISIS).

Female ISIS fighters

British authorities fear that such women could return to the United Kingdom–singly or en masse–and launch terror attacks

As a result, on August 29, Prime Minister David Cameron announced at a press conference thatUnited Kingdom authorities would soon begin revoking the passports of British citizens traveling to Syria.

David Cameron

To which the female jihadist, believed to be 18, responded in another tweet:

“I really do not understand why Britain is threatening to remove our citizenship like we care lool its actually quiet laughable.”

Cameron gave his reply at a press conference:

“We are in the middle of a generational struggle against a poisonous and extremist ideology.  What we’re facing in Iraq and Syria now with [ISIS] is a deeper and greater threat to our security than we have ever known before.”

Among the steps being taken to combat the perceived threat:

  • The terror threat level was increased to one below “critical,” the highest alert.
  • British authorities will revoke the passports of British nationals returning from Syria who are believed to have trained in terror camps in preparation for a domestic terror attack.
  • Foreign nationals who have traveled to Syria will be barred from entering the United Kingdom.
  • Security will be increased throughout Britain, especially in its larger cities.

At his press conference, Cameron repeatedly mouthed all the Politically Correct cliches about Islam being “a religion of peace.”

He blamed the “poisonous Islamist ideology,” not Islam, for the threat posed to Western civilization: “Islam is a religion observed peacefully by over a billion people.  Islamist extremism is a poisonous ideology observed by a minority.”

This despite the contrary finding by Samuel Huntington, the late political scientist at Harvard University.

In his groundbreaking book, The Clash of Civilizations (1996) Huntington noted:

‘The fundamental problem for the West is not Islamic fundamentalism. It is Islam, a different civilisation whose people are convinced of the superiority of their culture and are obsessed with the inferiority of their power.”

Meanwhile, in the United States….

“I formally and humbly request to be made a citizen of the Islamic State,” wrote Nidal Hasan in an undated letter addressed to Abu Bakr al-Baghdadi, the leader of ISIS.

Nidal Hassan

In 2009, Hassan fatally shot 13 U.S. Army personnel and injured more than 30 others at Fort Hood, Texas.

The Defense Department, hewing to the Politically Correct line that Islam is “a religion of peace,” has labeled the massacre a case of “workplace violence.”

This despite overwhelming evidence that Hassan was motivated by Islamic religious beliefs to turn a FN Five-seven single-action semiautomatic pistol on his fellow soldiers.

Among that evidence: Hassan had shouted the Islamic battle cry, “Allah Akbar!” (“God is Great!”) before opening fire.

Convicted and sentenced to death, Hassan is incarcerated at the United States Disciplinary Barracks at Fort Leavenworth, Kansas.  His case awaits review by appellate courts.

Yet his death row status didn’t prevent him from smuggling out a letter to the then-head of ISIS.

“It would be an honor for any believer to be an obedient citizen soldier to a people and its leader who don’t compromise the religion of All-Mighty Allah to get along with the disbelievers.”

The two-page letter was signed “SoA,” for “Soldier of Allah.”

Great Britain has dared to revoke passports of British citizens who have traveled to Syria.  But the United States has yet to do so vis-a-vis its own citizens.

Meanwhile, the United States Congress has just voted $500 million in military aid to arm and train  “moderate Syrian” rebels–who will supposedly fight ISIS on America’s behalf.

This totally ignores the blunt reality that, since 1979, Syria has been designated as a sponsor of terrorism by the U.S. State Department.

Among the terrorist groups it supports are Hizbollah and Hamas. For years, Syria provided a safe-house in Damascus to Ilich Ramírez Sánchez–the notorious terrorist better known as Carlos the Jackal.

Syrians have never known any other form of government than absolute dictatorship.   There are no “freedom-loving Syrians” for the United States to support–only murderers who have long served a tyrant and now wish to become the next tyrant.

All-in-all, the future looks better for would-be Islamic conquerors than for those in the United States awaiting the next 9/11.

REAL IMMIGRATION REFORM: PART TWO (END)

In History, Law, Law Enforcement, Politics, Social commentary on September 9, 2014 at 7:43 am

If Americans decide they truly want to control access to their own borders, there is a realistic way to accomplish this.

Arrested illegal aliens in Long Island, New York

(1) The Justice Department should vigorously attack the “sanctuary movement” that officially thwarts the immigration laws of the United States.

Among the 31 “sanctuary cities” of this country: Washington, D.C.; New York City; Los Angeles; Chicago; San Francisco; Santa Ana; San Diego; Salt Lake City; Phoenix; Dallas; Houston; Austin; Detroit; Jersey City; Minneapolis; Miami; Denver; Baltimore; Seattle; Portland, Oregon; New Haven, Connecticut; and Portland, Maine.

These cities have adopted “sanctuary” ordinances that do not allow municipal funds or resources to be used to enforce federal immigration laws, usually by not allowing police or municipal employees to inquire about one’s immigration status.

(2)  The most effective way to combat this movement: Indict the highest-ranking officials of those cities who have actively violated Federal immigration laws.

In San Francisco, for example, former District Attorney Kamala Harris—who is now California’s Attorney General—created a secret program called Back on Track, which provided training for jobs that illegal aliens could not legally hold.

She also prevented Immigration and Customs Enforcement (ICE) from deporting even those illegal aliens convicted of a felony.

(3) Indicting such officials would be comparable to the way President Andrew Jackson dealt with the threat South Carolinians once made to “nullify” any Federal laws they didn’t like.

Jackson quashed that threat by making one of his own: To lead an army into that State and purge all who dared defy the laws of the Federal Government.

(4) Even if some indicted officials escaped conviction, the results would prove worthwhile. 

City officials would be forced to spend huge sums of their own money for attorneys and face months or even years of prosecution.

And this, in turn, would send a devastating warning to officials in other “sanctuary cities” that the same fate lies in store for them.

(5) CEOs whose companies–like Wal-Mart–systematically employ illegal aliens should be held directly accountable for the actions of their subordinates.

They should be indicted by the Justice Department under the Racketeer Influenced Corrupt Organizations (RICO) Act, the way Mafia bosses are prosecuted for ordering their own subordinates to commit crimes.

Upon conviction, the CEO should be sentenced to a mandatory prison term of at least twenty years.

This would prove a more effective remedy for combating illegal immigration than stationing tens of thousands of soldiers on the U.S./Mexican border. CEOs forced to account for their subordinates’ actions would take drastic steps to ensure that their companies strictly complied with Federal immigration laws.

Without employers luring illegal aliens at a fraction of the money paid to American workers, the flood of such illegal job-seekers would quickly dry up.

(6) The Government should stop granting automatic citizenship to “anchor babies” born to illegal aliens in the United States.

A comparable practice would be allowing bank robbers who had eluded the FBI to keep their illegally-obtained loot.

A person who violates the bank robbery laws of the United States is legally prosecutable for bank robbery, whether he’s immediately arrested or remains uncaught for years. The same should be true for those born illegally within this country.

If they’re not here legally at the time of birth, they should not be considered citizens and should–like their parents–be subject to deportation.

(7) The United States Government–from the President on down–should scrap its apologetic tone on the right to control its national borders.

The Mexican Government doesn’t hesitate to apply strict laws to those immigrating to Mexico. And it feels no need to apologize for this.

Neither should we.

(8) Voting materials and ballots should be published in one language: English. 

In Mexico, voting materials are published in one language–Spanish.

Throughout the United States, millions of Mexican illegals refuse to learn English and yet demand that voting materials and ballots be made available to them in Spanish.

(9) Those who are not legal citizens of the United States should not be allowed to vote in its elections.

In Mexico, those who are not Mexican citizens are not allowed to participate in the country’s elections. 

The Mexican Government doesn’t consider itself racist for strictly enforcing its immigration laws.

The United States Government should not consider itself racist for insisting on the right to do the same.

(10)  The United States should impose economic and even military sanctions against countries–such as China and Mexico–whose citizens make up the bulk of illegal aliens. 

Mexico, for example, uses its American border to rid itself of those who might demand major reforms in the country’s political and economic institutions.

Such nations must learn that dumping their unwanteds on the United States now comes at an unaffordably high price.  Otherwise those dumpings will continue.

REAL IMMIGRATION REFORM: PART ONE (OF TWO)

In History, Law, Law Enforcement, Politics, Social commentary, Uncategorized on September 8, 2014 at 9:51 am

Once again, lawbreakers–and their highly vocal supporters–are angry.

President Barack Obama has decided–at least temporarily–to delay taking any executive action on immigration until after the November congressional elections.

And millions of Hispanics–both within the United States and throughout Central and South America–are furious.

They had expected–or at least hoped–that Obama would essentially overturn all U.S. immigration laws.

In a Rose Garden speech on June 30, Obama said he had directed Homeland Security Secretary Jeh Johnson and Attorney General Eric Holder to give him recommendations for executive action by the end of summer.

Obama promised to “adopt those recommendations without further delay.”

But now–suddenly–Obama has apparently had a change of heart.

There are two reasons why the President has made this decision–one that sounds good, and a real one.

The one that sounds good is this: Using executive orders to circumvent Congress on immigration during the campaign would politicize the issue and hurt future efforts to pass a broad overhaul.

The real one: Democrats fear losing their majority in the United States Senate.

With the House of Representatives already under Right-wing control, this would essentially nullify the remaining 16 months of the Obama Presidency.

And Democrats have good reason to fear having the illegal immigration issue turned against them in November.

True, Hispanics are passionately committed to turning the United States into a dumping ground for millions of poor, uneducated, non-English-speaking peons.

But they make up only one constituency of the Democratic Party.

And while millions of non-Hispanics believe that “immigration reform” is necessary, they’re more concerned with the stalled economy and the need to create jobs.

It’s different on the Right.  There, millions of “angry white males” are prepared to make illegal immigration the major issue of the election.

During the 1994 mid-term elections, Republicans made “gun control” their central issue.  Democrats lost heavily and the House of Representatives went Republican.

Newt Gingrich became Speaker of the House, and dedicated the next two years to blocking every piece of legislation put forth by President Bill Clinton.

If history repeats itself, this is the sort of history that Democrats in the Senate don’t want to repeat.

Illegal immigration has always been a highly emotional issue for conservatives.  But it’s been given added impetus this year.

Thousands–perhaps millions–of unaccompanied minors from Central America have flooded across the U.S. border with Mexico.  And there seems to be no signs of stopping this deluge.

White House officials claim that President Obama didn’t foresee how this might increase frictions with Republicans when he made his June 30 pledge.

In other words: Obama didn’t realize that offering all-out support for millions of violators of America’s immigration laws could cost Democrats bigtime in the Senate.

But if Obama didn’t realize the danger Senate Democrats faced, Senate Democrats most certainly did.

This was especially true for those in vulnerable states like Arkansas, Louisiana and North Carolina.  And they urged Obama to postpone any decision on immigration until after the election.

Of course, those promoting an end to all U.S. restrictions on illegal immigration are furious.

“We know where Republicans stand, and what this shows now is that Democrats are also willing to throw Latinos and immigrants under the bus,” said Cesar Vargas, director of the DREAM Action Coalition, a group of young undocumented immigrants who have encouraged voters to push for immigration reform.

During the 2012 Presidential race, Obama won big among Hispanic voters.  In large part, he was unintentionally helped by his opponent, Mitt Romney, whose use of words like “illegals” and “self-deportation” enraged Hispanics.

But what worked for Obama in a Presidential election won’t work for Democrats in midterm elections.

Democrats such as Senators Kay Hagan of North Carolina and Mark Pryor of Arkansas don’t have large masses of Hispanic voters to rely on.

And there are plenty of angry white voters prepared to vote Republican against anyone they believe is “selling out America.”

Many of them are angry at being called racists simply because they believe the United States should be able to control its own borders–the way Mexico controls its own.

Mexico has a single, streamlined law that ensures that foreign visitors and immigrants are:

  • in the country legally;
  • have the means to sustain themselves economically;
  • not destined to be burdens on society;
  • of economic and social benefit to society;
  • of good character and have no criminal records; and
  • contribute to the general well-being of the nation.

The law also ensures that:

  • immigration authorities have a record of each foreign visitor;
  • foreign visitors do not violate their visa status;
  • foreign visitors are banned from interfering in the country’s internal politics;
  • foreign visitors who enter under ralse pretenses are imprisoned or deported;
  • foreign visitors violating the terms of their entry are imprisoned are deported;
  • those who aid in illegal immigration will be sent to prison.

Meanwhile,  Mexico uses its American border to rid itself of those who might otherwise demand major reforms in the country’s political and economic institutions.

 

 

 

 

 

 

 

 

 

 

SLUMLORDS–THE REAL UNTOUCHABLES: PART THREE (END)

In Bureaucracy, Law, Law Enforcement, Social commentary on July 18, 2014 at 6:23 am

San Francisco tenants need not be put at the mercy of greedy, arrogant slumlords.  And the agencies that are supposed to protect them need not be reduced to impotent farces.

The San Francisco Department of Building Inspection (DBI)–which is charged with guaranteeing the habitability of apartment buildings–should immediately adopt a series of long-overdue refirms.

Presently, there is no bureaucratic incentive for DBI to rigorously control the criminality of slumlords.  But this can be instilled–by making DBI merely a law-enforcing agency but a revenue-creating one.

Parts One and Two of this series outlined a series of long overdue reforms at DBI.  Here are the remaining four:

  1. Landlords should be required to bring all the units in a building up to existing building codes, and not just those in need of immediate repair.
  2. Landlords should be legally required to hire a certified-expert contractor to perform building repairs.  Many landlords insist on making such repairs despite their not being trained or experienced in doing so, thereby risking the lives of their tenants. 
  3. DBI should not view itself as a “mediation” agency between landlords and tenants.  Most landlords hate DBI and will always do so.  They believe they should be allowed to treat their tenants like serfs, raise extortionate rents anytime they desire, and maintain their buildings in whatever state  they wish.  And no efforts by DBI to persuade them of its good intentions will ever change their minds.
  4. Above all, DBI must stop viewing itself as a mere regulatory agency and start seeing itself as a law enforcement one. The FBI doesn’t ask criminals to comply with the law;  it applies whatever amount of force is needed to gain their compliance. As Niccolo Machiavelli once advised: If you can’t be loved by your enemies, then at least make yourself respected by them.

By doing so, DBI could vastly:

  • Enhance its own prestige and authority;
  • Improve living conditions for thousands of San Francisco renters; and
  • Bring millions ofdesperately-needed dollars into the City’s cash-strapped coffers

And such reforms are equally overdue at the San Francisco District Attorney’s office.  Among these:

  • Creating a special unit to investigate and prosecute slumlords.
  • This should be modeled on existing units that attack organized crime, with slumlords targeted as major criminals.
  • Wiretaps and electronic surveillance should be routinely used.
  • Prosecutors should strive for lengthy prison terms and heavy fines.
  • Rewards should be offered to citizens who provide tips on major outrages by the city’s slumlords.

By doing so, it can:

  • Vastly enhance its own prestige and authority;
  • Improve living conditions  for thousands of San Francisco renters; and
  • Bring millions of desperately-needed dollars into the City’s cash-strapped coffers.

But slumlord atrocities are by no means confined to San Francisco.  This is a crisis that needs to be confronted at State and Federal levels.

Many cities lack adequate funding to effectively investigate and prosecute slumlord abuses.  And even when the money exists for such efforts, the will to redress such abuses is often lacking.

Thus, legislation is essential at State and Federal levels to ensure that law-abiding tenants are protected against law-breaking slumlords.

At the core of this effort must be a revised view of slumlords.  They should be seen, investigated and prosecuted in the same way as Mafia predators.

Their crimes are not “victimless.”  And their victims are usually those who are too poor to effectively fight back.

And, like the Mafia, they easily buy public officials–including law enforcement agents–and/or hide their crimes behind teams of expensive attorneys.

At the Federal level, the Justice Department should designate a special section within the FBI to investigate and prosecute slumlord abuses.

Or this could be set up within the U.S. Department of Housing and Urban Development.

  • This should be modeled on existing strike force units that attack organized crime, with slumlords targeted as major criminals.
  • Court-ordered wiretaps and electronic surveillance should be routinely used.
  • Rewards should be offered to citizens who provide tips on major outrages by the city’s slumlords.
  • Prosecutors should strive for lengthy prison terms and heavy fines.
  • Slumlords’ properties should be sold at public auctions, with the monies divided among various Federal agencies.
  • The tenants living in those properties would not be evicted.  They would instead now live under a new, law-abiding landlord.

At the State level, similar tenant-protection units should be created within the Department of Justice.

The power of slumlords calls to mind the scene in 1987′s The Untouchables, where Sean Connery’s veteran cop tells Eliot Ness: “Everybody knows where the liquor is. It’s just a question of: Who wants to cross Capone?”

It’s long past time for local, state and Federal governments to forcefully speak up on behalf of American tenants who cannot defend themselves against predatory slumlords.

As Robert F. Kennedy wrote: “Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on.”

SLUMLORDS–THE REAL UNTOUCHABLES: PART TWO (OF THREE)

In Bureaucracy, Law, Law Enforcement, Social commentary on July 17, 2014 at 11:49 am

Slumlords would have everyone believe that San Francisco is a “renters’ paradise.”  A place where hard-working landlords are routinely taken advantage of by rent-avoiding bums who want to be constantly pampered.

On the contrary: It’s not renters who hold “untouchable” status, but slumlords themselves.

In fact, San Francisco is long overdue for serious reforms in protecting tenants.

Part One of this series outlined three overdue reforms needed at the Department of Building Inspection (DBI), San Francisco’s primary tenant-protecting agency.  Here are an additional 17:

  1. If the landlord fails to comply with the actions ordered within 30 days, the entire fine  should go into the City’s coffers–to be divided among DBI and other agencies charged with protecting San Francisco residents.
  2. In addition, he shuld be hit again with a fine that’s at least twice the amount of the first one.
  3. Inspectors for DBI should be allowed to cite landlords for violations that fall under the jurisdiction of the Department of Public Health (DPH).  They can then pass the information on to DPH for its own investigation.
  4. If the DBI Inspector later discovers that the landlord has not corrected the violation within a designated time-period, DBI should be allowed to levy its own fine for his failure to do so.
  5. If DPH objects to this, DBI should propose that DPH’s own Inspectors be armed with similar cross-jurisdictional authority.  Each agency would thus have increased motivation for spotting and correcting health/safety violations that threaten the lives of San Francisco residents.
  6. This would instantly turn DBI and DPH into allies, not competitors.  And it would mean that whether a citizen called DBI or DPH, s/he could be assured of getting necessary assistance.  As matters now stand, many residents are confused by the conflicting jurisdictions of both agencies.
  7. DBI should insist that its Inspectors Division be greatly expanded.  DBI can attain this by arguing that reducing the number of Inspectors cuts (1) protection for San Francisco renters–and (2) monies that could go to the general City welfare.
  8. The Inspection Division should operate independently of DBI.  Currently,  too many high-ranking DBI officials tilt toward landlords because they are landlords themselves.
  9. DBI should create a Special Research Unit that would compile records on the worst slumlord offenders.  Thus, a slumlord with a repeat history of defying DBI NOVs could be treated more harshly than a landlord who was a first-time offender.
  10. Turning DBI into a revenue-producing one would enable the City to raise desperately-needed revenues—in a highly popular way. Fining delinquent slumlords would be as unpopular as raising taxes on tobacco companies. Only slumlords and their hired lackey allies would object.
  11. Slumlords, unlike drug-dealers, can’t move their operations from one street or city to another.  Landlords aren’t going to demolish their buildings and move them somewhere else.
  12. DBI should order landlords to post their Notices of Violation in public areas of their buildings–on pain of serious financial penalties for failing to do so. When DBI orders a slumlord to take corrective action, s/he is the only person who is notified.  Thus, if that slumlord refuses to comply with those directives, s/he is the only one who realizes it.  Tenants have a right to know if their landlord is complying with the law.
  13. DBI should launch and maintain a city-wide advertising campaign to alert residents to its services.  Everyone knows the FBI pursues bank robbers, but too many San Franciscans do not even know that DBI exists, let alone what laws it enforces.
  14. This should be an in-your-face campaign: “Do you have bedbugs in your apartment?  Has your stove stopped working?  Are you afraid to ride in your building elevator because it keeps malfunctioning?  Have you complained to your landlord and gotten nowhere?  Then call DBI at —–.  Or drop us an email at ——.”
  15. Landlords should be legally required to give each tenant a list of the major city agencies (such as DBI, Department of Public Health and the Rent Board) that exist to help tenants resolve problems with their housing. 
  16. Landlords should be legally required to rehabilitate a unit every time a new tenant moves in, or at least have it examined by a DBI inspector every two years.  A tenant can occupy a unit for ten or more years, then die or move out, and the landlord immediately rents the unit to the first person who comes along, without making any repairs or upgrades whatsoever.
  17. Landlords should be required to bring all the units in a building up to existing building codes, and not just those in need of immediate repair.
  18. Landlords should be legally required to hire a certified-expert contractor to perform building repairs.  Many landlords insist on making such repairs despite their not being trained or experienced in doing so, thereby risking the lives of their tenants. 

SLUMLORDS–THE REAL UNTOUCHABLES: PART ONE (OF TWO)

In Bureaucracy, Law, Law Enforcement, Social commentary on July 16, 2014 at 9:16 am

To hear slumlords tell it, San Francisco is a “renters’ paradise,” where obnoxious, lazy, rent-evading tenants constantly take advantage of hard-working, put-upon landlords.

Don’t believe it.

A 98-year-old San Francisco woman is being evicted from her apartment of 50 years, because the building’s owners want to sell the place to take advantage of the city’s booming real estate market.

“I’ve been very happy here,” Mary Phillips told KRON 4, an independent San Francisco TV station. “I’ve always paid my rent.  I’ve never been late.”

The landlord, Urban Green Investments, is evicting her and several other tenants through the Ellis Act.  This is a 1986 California law that allows landlords evict tenants to get out of the rental business.

Urban Green Investments has bought several buildings in San Francisco, evicted their residents through the Ellis Act, and is reselling the buildings for profit.  Many of those being evicted are low income families and seniors.

Phillips has vowed to fight her eviction: “They’re going to have to take me out of here feet first,” she told KRON. “Just because of your age, don’t let people push you around.”

Phillips says she has nowhere else to live and now she and her attorneys are fighting the eviction.

Even in the city misnamed as a “renter’s paradise,” slumlords are treated like gods by the very agencies that are supposed to protect tenants against their abuses.

Many landlords are eager to kick out long-time residents in favor of new, wealthier high-tech workers moving to San Francisco.  An influx of these workers and a resulting housing shortage has proven a godsend for slumlords.

The power of slumlords calls to mind the scene in 1987′s The Untouchables, where Sean Connery’s veteran cop tells Eliot Ness: “Everybody knows where the liquor is. It’s just a question of: Who wants to cross Capone?”

Many tenants have lived with rotting floors, bedbugs, nonworking toilets, mice/rats, chipping lead-based paint and other outrages for not simply months but years.

Consider the situation at the San Francisco Department of Building Inspection (DBI), which is supposed to ensure that apartment buildings are in habitable condition:

  • A landlord is automatically given 30 days to correct a health/safety violation. If he drags his feet on the matter, the tenant must live with that problem until it’s resolved.
  • If the landlord claims for any reason that he can’t fix the problem within one month, DBI doesn’t demand that he prove this.  Instead, it automatically gives him another month.
  • A slumlord has to work at being hit with a fine—by letting a problem go uncorrected for three to six months.
  • And even then, repeat slumlord offenders often avoid the fine by pleading for leniency.
  • That’s because many DBI officials are themselves landlords.

But the situation doesn’t have to remain this way.

DBI could:

  • Vastly enhance its own prestige and authority
  • Improve living conditions  for thousands of San Francisco renters, and
  • Bring millions of desperately-needed dollars into the City’s cash-strapped coffers.

How?

By learning some valuable lessons from the “war on drugs” and applying them to regulating slumlords.

Consider:

  • At least 400,000 rape kits containing critical DNA evidence that could convict rapists sit untested in labs around the country.
  • But illegal drug kits are automatically rushed to the had of the line.

Why?

It isn’t simply because local/state/Federal lawmen universally believe that illicit drugs pose a deadly threat to the Nation’s security.

It’s because:

  • Federal asset forfeiture laws allow the Justice Department to seize properties used to “facilitate” violations of Federal anti-drug laws.
  • Local and State law enforcement agencies are allowed to keep some of the proceeds once the property has been sold.
  • Thus, financially-strapped police agencies have found that pursuing drug-law crimes is a great way to fill their own coffers.
  • Prosecutors and lawmen view the seizing of drug-related properties as crucial to eliminating the financial clout of drug-dealing operations.

It’s long past time for San Francisco agencies to apply the same attitude–and methods–toward slumlords.

Such reforms must start with the Department of Building Inspection (DBI)–the primary agency charged with protecting tenants.

Presently, there is no bureaucratic incentive for DBI to rigorously control the criminality of slumlords.  But this can be instilled–by making DBI not merely a law-enforcing agency but a revenue-creating one.

And those revenues should come from predatory slumlords who routinely violate the City’s laws protecting tenants.

Among those reforms it should immediately enact:

  1. Hit slumlord violators up-front with a fine–payable immediately–for at least $2,000 to $5,000 for each health/safety-code violation.
  2. The slumlord could reclaim 75-80% of the money only if he fully corrected the violation within 30 daysThe remaining portion of the levied fine would go into the City coffers, to be shared among DBI and other City agencies.
  3. This would put the onus on the slumlord, not DBI. Appealing to his greed would ensure his willingness to comply with the ordered actions.  As matters now stand, it is DBI who must repeatedly check with the slumlord to find out if its orders have been complied with.
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