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Posts Tagged ‘HOUSE SPEAKER JOHN BOEHNER’

HOW WE REACHED THE “FISCAL CLIFF”: PART FOUR (END)

In Bureaucracy, History, Politics on December 10, 2012 at 12:00 am

Noted MSNBC political analyst Chris Matthews summed up the sheer criminality of Republican “bargaining” tactics during the summer of 2011.

He did so on July 28, 2011–five days before Congress reached its August 2 deadline to raise the debt-ceiling or plunge the Nation into bankruptcy.

“The first people to bow to the demands of those threatening to blow up the economy were the Republicans in the House, the leaders. The leaders did what the followers told them to do: meet the demands, hold up the country to get their way.

“Those followers didn’t win the Senate, or the Presidency, just the House.

“But by using the House they were able to hold up the entire United States government. They threatened to blow things up economically and it worked.

“They said they were willing to do that–just to get their way–not by persuasion, not by politics, not by democratic government, but by threatening the destruction of the country’s finances.

“Right. So what’s next? The power grid? Will they next time threaten to close down the country’s electricity and communications systems?”

President Obama could have faced down the extortionists of the Republican Party in two ways:

  1. Prosecuting them under the Racketeer Influenced Corrupt Organizations (RICO) Act and/or the USA Patriot Act; and/or
  2. Addressing the Nation as President John F. Kennedy did during the Cuban Missile Crisis and warning his fellow citizens that the Nation faced a moment of supreme danger.

In Part Three of this series, I outlined how the President could apply the RICO Act and/or the USA Patriot Act to hold Republican extortionists criminally accountable.

In this part, I will outline his second option (which can be coupled with criminal prosecution).

Making a Cuban Missile Type Speech

During such a national address, President Obama could have revealed such blunt truths as:

  • Republicans have adopted the same my-way-or-else “negotiating” stance as Adolf Hitler.
  • Like the Nazis, they are determined to gain absolute power–or destroy the Nation they claim to love.
  • They raised the debt ceiling seven times during the eight-year Presidency of George W. Bush.
  • But now that a black Democrat holds the White House, raising the debt ceiling is unacceptable.
  • Despite Republican lies, we cannot revitalize the economy by slashing taxes on the wealthy and cash-hoarding corporations while cutting benefits for millions of average Americans.
  • We will need both tax increases and sensible entitlement cuts to regain our economic strength.

Finally, President Obama could have ended his speech by directly calling for the active support of his fellow Americans. Something like this:

“My fellow Americans, I have taken an oath to ‘preserve, protect and defend the Constitution of the United States.’

“But I cannot do this on my own. As citizens of a Republic, each of us carries that burden. We must each do our part to protect the land and the liberties we love.

“Tonight, I’m asking for your help.

“We stand on the edge of economic disaster.   Therefore, I am asking each of you to stand up for America tonight.

“I am asking you to demand the immediate recall of the entire membership of the Republican Party.

“As President John F. Kennedy said:

‘In your hands, my fellow citizens, more than mine, will rest the final success or failure of our course.’

“Since this country was founded, each generation of Americans has been summoned to give testimony to its national loyalty.

“This is the moment when each of us must decide–whether we will survive as a Republic, or allow ruthless political fanatics to destroy what has lasted and thrived for more than 200 years.”

President Obama has taken forceful action against America’s foreign enemies—most notably Osama bin Laden.

If the Nation is to survive, he must now act just as forcefully against America’s domestic enemies.

Fortunately, there is still time for him to do so.

A prosecutor who chooses to not indict on one occasion may still do so on another.  And, in doing so, President Obama may find history repeating itself.

Joachim C. Fest, author of Hitler (l973), writes of the surprise that awaited Allied soldiers occupying Nazi Germany in 1945:

“Almost without transition, virtually from one moment to the next, Nazism vanished after the death of Hitler and the surrender.  It was as if National Socialism had been nothing but the motion, the state of intoxication and the catastrophe it had caused….

“Hitler’s propaganda specialists had talked constantly of invincible Alpine redoubts, nests of resistance, and swelling werewolf units, and had predicted a war beyond the war. But there was no sign of this.

“Once again it became plain that National Socialism, like Fascism in general, was dependent to the core on superior force, arrogance, triumph, and by its nature had no resources in the moment of defeat.”

With luck, the same will prove true for the extortionists and blackmailers of the Republican Party.

HOW WE REACHED THE “FISCAL CLIFF”: PART THREE (OF FOUR)

In Bureaucracy, History, Politics on December 7, 2012 at 12:13 am

With the United States teetering on the brink of national bankruptcy, President Obama faced three choices:

  1. Counter Republican extortion attempts via RICO–the Racketeer Influenced Corrupt Organizations Act.
  2. Make a “Cuban Missile Crisis”-style address to the American people, seeking to rally them against a criminal threat to the financial security of the Nation.
  3. Cave in to Republican demands.

Unfortunately for Obama and the Nation, he chose Number Three.

Here is how he could have applied the other two options.

Racketeer Influenced Corrupt Organizations (RICO) Act

In 1970, Congress passed the Racketeer Influenced and Corrupt Organizations (RICO) Act, Title 18, United States Code, Sections 1961-1968.

Congress’ goal was to eliminate the ill-affects of organized crime on the nation’s economy. To put it bluntly, RICO was intended to destroy the Mafia.

In the 1980s, however, civil lawyers noticed section 1964(c) of the RICO Act. This allows civil claims to be brought by anyone injured in their business or property by reason of a RICO violation.

RICO has been applied to not only the Mafia but to individuals, businesses, political protest groups, and terrorist organizations.  In short, a RICO claim can arise in almost any context.

Such as the one President Barack Obama faced last summer when Republicans threatened to destroy the credit rating of the United States unless their budgetary demands were met.

RICO opens with a series of definitions of “racketeering activity” which can be prosecuted by Justice Department attorneys.  Among those crimes: Extortion.

Extortion is defined as “a criminal offense which occurs when a person unlawfully obtains either money, property or services from a person(s), entity, or institution, through coercion.”

The RICO Act defines “a pattern of racketeering activity” as “at least two acts of racketeering activity, one of which occurred after the effective date of this chapter and the last of which occurred within ten years…after the commission of a prior act of racketeering activity.”

And if President Obama had believed that RICO was not sufficient to deal with extortionate behavior, he could have relied on the USA Patriot Act of 2001, passed in the wake of 9/11.

In Section 802, the Act defines domestic terrorism.  Among the behavior that is defined as criminal:

“Activities that…appear to be intended…to influence the policy of a government by intimidation or coercion [and]…occur primarily within the territorial jurisdiction of the United States.”

The remedies for punishing such criminal behavior are now legally in place.  President Obama need only direct the Justice Department to apply them.

  • President Obama could have directed Attorney General Eric Holder to investigate whether actions by Republican Congressman—and their Tea Party cohorts—broke Federal anti-racketeering and/or anti-terrorism laws.
  • Holder, in turn, could have ordered the FBI to conduct that investigation.
  • If the FBI found sufficient evidence that these laws had been violated, Holder could have empaneled criminal grand juries to indict those violators.

The fact that members of Congress would be criminally investigated and possibly indicted would not violate the separation-of-powers principle.  Congressmen have in the past been investigated, indicted and convicted for various criminal offenses.

Such indictments and prosecutions–and especially convictions–would serve notice on current and future members of Congress that the lives and fortunes of American citizens may not be held hostage as part of a negotiated settlement.

On August 1, Chris Matthews, host of MSNBC’s “Hardball,”  wrapped up his program with a search for “options” to avoid another round of Republican extortion tactics.

“I want to know what steps the president ‘could’ have taken to avoid this hostage-taking.

“…Is there another way than either buckling to the Republicans or letting the government and the country crash?

“How does he use the power of the presidency, the logic, emotion and basic patriotism of the people to thwart those willing to threaten, disrupt, even possibly destroy to get their way?”

The answer to his questions–then and now–is: Replace the law of fear with the rule of law.

But there was another way Obama could have stood up to Republican extortionists: By urging his fellow Americans to rally to him in a moment of supreme national danger.

President John F. Kennedy did just that–successfully–during the most dangerous crisis of his administration.

Addressing the Nation on October 22, 1962, Kennedy shocked his fellow citizens by revealing that the Soviet Union had installed offensive nuclear missiles in Cuba.

After outlining a series of steps he had taken to end the crisis, Kennedy sought to reassure and inspire his audience. His words are worth remembering today:

“The path we have chosen for the present is full of hazards, as all paths are, but it is the one most consistent with our character and courage as a nation and our commitments around the world.

“The cost of freedom is always high, but Americans have always paid it. And one path we shall never choose, and that is the path of surrender or submission.”

President Obama could have sent that same message to the extortionists of the Republican Party.

HOW WE REACHED THE “FISCAL CLIFF”: PART TWO (OF FOUR)

In Bureaucracy, History, Politics on December 6, 2012 at 10:23 am
“Those who are willing to risk everything, even death and destruction, to attain their ends will prevail over more responsible and prudent men who have more to lose and are rational, not suicidal.”
–Ernst Casier, Chairman of Philosophy, Hamburg University

“Fascism,” said author Ernest Hemingway, “is a lie told by bullies.” Thus, when Republicans couldn’t attain their goals by lying, they sought to do so by force–or at least the threat of it.

Republicans have repeatedly threatened to shut down the government unless their constantly escalating demands were met.

In November, 1995, Newt Gingrich, then Speaker of the House of Representatives, carried out his threat. Gingrich unwisely admitted that he did so because President Bill Clinton had put him in the back of Air Force One during a recent trip to Israel.

The shutdown proved a disaster for Republicans. Clinton was handily re-elected in 1996 and Gingrich suddenly resigned from Congress in 1998.

Still, the Republicans continued their policy of my-way-or-else. In April, 2011, the United States government almost shut down over Republican demands about subsidized pap smears.

In April, 2011, the United States government almost shut down over Republican demands about subsidized pap smears.

During a late-night White House meeting with President Barack Obama and key Congressional leaders, Republican House Speaker John Boehner made this threat:

His conference would not approve funding for the government if any money were allowed to flow to Planned Parenthood through Title X legislation.

Facing an April 8 deadline, negotiators worked day and night to strike a compromise–and finally reached one.

Three months later–on July 9–Republican extortionists again threatened the Nation with financial ruin and international disgrace unless their demands were met.

President Obama had offered to make historic cuts in the federal government and the social safety net–on which millions of Americans depend for their most basic needs.

But House Speaker John Boehner rejected that offer. He could not agree to the tax increases that Democrats wanted to impose on the wealthiest 1% as part of the bargain.

John Boehner

As the calendar moved ever closer to the fateful date of August 2, Republican leaders continued to insist: Any deal that includes taxes “can’t pass the House.”

One senior Republican said talks would go right up to–and maybe beyond–the brink of default.

“I think we’ll be here in August,” said Republican Representative Pete Sessions, of Texas. “We are not going to leave town until a proper deal gets done.”

President Obama had previously insisted on extending the debt ceiling through 2012. But in mid-July, he simply asked congressional leaders to review three options with their members:

  1. The “Grand Bargain” choice—favored by Obama–would cut deficits by about $4 trillion, including spending cuts and new tax revenues.
  2. A medium-range plan would aim to reduce the deficit by about $2 trillion.
  3. The smallest option would cut between $1 trillion and $1.5 trillion, without increased tax revenue or any Medicare and Medicaid cuts.

And the Republican response?

Said Rep. Darrell Issa, chairman of the Oversight and Government Reform Committee: “Quite frankly, [Republican] members of Congress are getting tired of what the president won’t do and what the president wants.”

Noted political analyst Chris Matthews summed up the sheer criminality of what happened within the House of Representatives.

Speaking on MSNBC’s “Hardball,” on July 28–five days before Congress reached its August 2 deadline to raise the debt-ceiling–Matthews noted:

“The first people to bow to the demands of those threatening to blow up the economy were the Republicans in the House, the leaders. The leaders did what the followers told them to do: meet the demands, hold up the country to get their way.

“Those followers didn’t win the Senate, or the Presidency, just the House.

“But by using the House they were able to hold up the entire United States government. They threatened to blow things up economically and it worked.

“They said they were willing to do that–just to get their way–not by persuasion, not by politics, not by democratic government, but by threatening the destruction of the country’s finances.

“Right. So what’s next? The power grid? Will they next time threaten to close down the country’s electricity and communications systems?”

With the United States teetering on the brink of national bankruptcy, President Obama faced three choices:

  1. Counter Republican extortion attempts via RICO–the Racketeer Influenced Corrupt Organizations Act.
  2. Make a “Cuban Missile Crisis”-style address to the American people, seeking to rally them against a criminal threat to the financial security of the Nation.
  3. Cave in to Republican demands.

Unfortunately for Obama and the Nation, he chose Number Three.

In my next column, I will outline how he could have applied Number One and/or Number Two.

NEGOTIATING NAZI-REPUBLICAN STYLE – PART SEVEN (END)

In History, Politics on May 25, 2012 at 12:00 am

Noted MSNBC political analyst Chris Matthews summed up the sheer criminality of Republican “bargaining” tactics last summer.

He did so on July 28, 2011–five days before Congress reached its August 2 deadline to raise the debt-ceiling or plunge the Nation into bankruptcy.

“The first people to bow to the demands of those threatening to blow up the economy were the Republicans in the House, the leaders. The leaders did what the followers told them to do: meet the demands, hold up the country to get their way.

“Those followers didn’t win the Senate, or the Presidency, just the House.

“But by using the House they were able to hold up the entire United States government. They threatened to blow things up economically and it worked.

“They said they were willing to do that–just to get their way–not by persuasion, not by politics, not by democratic government, but by threatening the destruction of the country’s finances.

“Right. So what’s next? The power grid? Will they next time threaten to close down the country’s electricity and communications systems?”

President Obama could have faced down the extortionists of the Republican Party in two ways:

  1. Prosecuting them under the Racketeer Influenced Corrupt Organizations (RICO) Act and/or the USA Patriot Act; and/or
  2. Addressing the Nation as President John F. Kennedy did during the Cuban Missile Crisis and warning his fellow citizens that the Nation faced a moment of supreme danger.

In Part Six of this series, I outlined how the President could apply the RICO Act and/or the USA Patriot Act to hold Republican extortionists criminally accountable.

In this part, I will outline his second option (which can be coupled with criminal prosecution).

Making a Cuban Missile Type Speech

During such a national address, President Obama could have revealed such blunt truths as:

  • Republicans have adopted the same my-way-or-else “negotiating” stance as Adolf Hitler.
  • Like the Nazis, they are determined to gain absolute power–or destroy the Nation they claim to love.
  • They raised the debt ceiling seven times during the eight-year Presidency of George W. Bush.
  • But now that a Democrat holds the White House, raising the debt ceiling is unacceptable.
  • Despite Republican lies, we cannot revitalize the economy by slashing taxes on the wealthy and on cash-hoarding corporations while cutting benefits for millions of average Americans.
  • We will need both tax increases and sensible entitlement cuts to regain our economic strength.

Finally, President Obama could have ended his speech by directly calling for the active support of his fellow Americans. Something like this:

“My fellow Americans, I have taken an oath to ‘preserve, protect and defend the Constitution of the United States.’

“But I cannot do this on my own. As citizens of a Republic, each of us carries that burden. We must each do our part to protect the land and the liberties we love.

“Tonight, I’m asking for your help.

“We stand on the edge of economic disaster.  Therefore, I am asking each of you to stand up for America tonight–by demanding the recall of the entire membership of the Republican Party.

“As President John F. Kennedy said:

‘In your hands, my fellow citizens, more than mine, will rest the final success or failure of our course. Since this country was founded, each generation of Americans has been summoned to give testimony to its national loyalty.’

“This is the moment when each of us must decide–whether we will survive as a Republic, or allow ruthless political fanatics to destroy what has lasted and thrived for more than 200 years.”

President Obama has taken forceful action against America’s foreign enemies—most notably Osama bin Laden.

If the Nation is to survive, he must now act just as forcefully against America’s domestic enemies.

Fortunately, there is still time for him to do so. The fact that a prosecutor chooses to not indict on one occasion doesn’t prevent him from doing so on another.

In doing so, he may find history repeating itself.

Joachim C. Fest, author of Hitler (l973), writes of the surprise that awaited Allied soldiers occupying Nazi Germany in 1945:

“Almost without transition, virtually from one moment to the next, Nazism vanished after the death of Hitler and the surrender.  It was as if National Socialism had been nothing but the motion, the state of intoxication and the catastrophe it had caused….

“Hitler’s propaganda specialists had talked constantly of invincible Alpine redoubts, nests of resistance, and swelling werewolf units, and had predicted a war beyond the war. But there was no sign of this.

“Once again it became plain that National Socialism, like Fascism in general, was dependent to the core on superior force, arrogance, triumph, and by its nature had no resources in the moment of defeat.”

With luck, the same will prove true for the extortionists and blackmailers of the Republican Party.

NEGOTIATING NAZI-REPUBLICAN STYLE – PART SIX (OF SEVEN)

In History, Politics on May 24, 2012 at 12:00 am

With the United States teetering on the brink of national bankruptcy, President Obama faced three choices:

  1. Counter Republican extortion attempts via RICO–the Racketeer Influenced Corrupt Organizations Act.
  2. Make a “Cuban Missile Crisis”-style address to the American people, seeking to rally them against a criminal threat to the financial security of the Nation.
  3. Cave in to Republican demands.

Unfortunately for Obama and the Nation, he chose Number Three.

Here is how he could have applied the other two options.

Racketeer Influenced Corrupt Organizations (RICO) Act

RICO has been applied to not only the Mafia but to individuals, businesses, political protest groups, and terrorist organizations.  In short, a RICO claim can arise in almost any context.

Such as the one President Barack Obama faced last summer when Republicans threatened to destroy the credit rating of the United States unless their budgetary demands were met.

RICO opens with a series of definitions of “racketeering activity” which can be prosecuted by Justice Department attorneys.  Among those crimes: Extortion.

Extortion is defined as “a criminal offense which occurs when a person unlawfully obtains either money, property or services from a person(s), entity, or institution, through coercion.”

The RICO Act defines “a pattern of racketeering activity” as “at least two acts of racketeering activity, one of which occurred after the effective date of this chapter and the last of which occurred within ten years…after the commission of a prior act of racketeering activity.”

And if President Obama had believed that RICO was not sufficient to deal with extortionate behavior, he could have relied on the USA Patriot Act of 2001, passed in the wake of 9/11.

In Section 802, the Act defines domestic terrorism.  Among the behavior that is defined as criminal:

“Activities that…appear to be intended…to influence the policy of a government by intimidation or coercion [and]…occur primarily within the territorial jurisdiction of the United States.”

The remedies for punishing such criminal behavior are now legally in place.  President Obama need only direct the Justice Department to apply them.

  • President Obama could have directed Attorney General Eric Holder to investigate whether actions by Republican Congressman—and their Tea Party cohorts—broke Federal anti-racketeering and/or anti-terrorism laws.
  • Holder, in turn, could have ordered the FBI to conduct that investigation.
  • If the FBI found sufficient evidence that these laws had been violated, Holder could have empaneled criminal grand juries to indict those violators.

The fact that members of Congress would be criminally investigated and possibly indicted would not violate the separation-of-powers principle.  Congressmen have in the past been investigated, indicted and convicted for various criminal offenses.

Such indictments and prosecutions–and especially convictions–would serve notice on current and future members of Congress that the lives and fortunes of American citizens may not be held hostage as part of a negotiated settlement.

On August 1, Chris Matthews, host of MSNBC’s “Hardball,”  wrapped up his program with a search for “options” to avoid another round of Republican extortion tactics.

“I want to know what steps the president ‘could’ have taken to avoid this hostage-taking.

“…Is there another way than either buckling to the Republicans or letting the government and the country crash?

“How does he use the power of the presidency, the logic, emotion and basic patriotism of the people to thwart those willing to threaten, disrupt, even possibly destroy to get their way?”

The answer to his questions–then and now–is: Replace the law of fear with the rule of law.

But there was another way Obama could have stood up to Republican extortionists: By urging his fellow Americans to rally to him in a moment of supreme national danger.

President John F. Kennedy did just that–successfully–during the most dangerous crisis of his administration.

Addressing the Nation on October 22, 1962, Kennedy shocked his fellow citizens by revealing that the Soviet Union had installed offensive nuclear missiles in Cuba.

After outlining a series of steps he had taken to end the crisis, Kennedy sought to reassure and inspire his audience. His words are worth remembering today:

“The path we have chosen for the present is full of hazards, as all paths are, but it is the one most consistent with our character and courage as a nation and our commitments around the world.

“The cost of freedom is always high, but Americans have always paid it. And one path we shall never choose, and that is the path of surrender or submission.”

President Obama could have sent that same message to the extortionists of the Republican Party.

NEGOTIATING NAZI-REPUBLICAN STYLE – PART FIVE (OF SEVEN)

In History, Politics, Social commentary on May 23, 2012 at 12:00 am
“Those who are willing to risk everything, even death and destruction, to attain their ends will prevail over more responsible and prudent men who have more to lose and are rational, not suicidal.”
–Ernst Casier, Chairman of Philosophy, Hamburg University

U.S. House of Representatives

In April, 2011, the United States government almost shut down over Republican demands about subsidized pap smears.

During a late-night White House meeting with President Barack Obama and key Congressional leaders, Republican House Speaker John Boehner made this threat:

His conference would not approve funding for the government if any money were allowed to flow to Planned Parenthood through Title X legislation.

Facing an April 8 deadline, negotiators worked day and night to strike a compromise–and finally reached one.

Three months later–on July 9–Republican extortionists again threatened the Nation with financial ruin and international disgrace unless their demands were met.

President Obama had offered to make historic cuts in the federal government and the social safety net–on which millions of Americans depend for their most basic needs.

But House Speaker John Boehner rejected that offer. He could not agree to the tax increases that Democrats wanted to impose on the wealthiest 1% as part of the bargain.

John Boehner

As the calendar moved ever closer to the fateful date of August 2, Republican leaders continued to insist: Any deal that includes taxes “can’t pass the House.”

One senior Republican said talks would go right up to–and maybe beyond–the brink of default.

“I think we’ll be here in August,” said Republican Representative Pete Sessions, of Texas. “We are not going to leave town until a proper deal gets done.”

President Obama had previously insisted on extending the debt ceiling through 2012. But in mid-July, he simply asked congressional leaders to review three options with their members:

  1. The “Grand Bargain” choice—favored by Obama–would cut deficits by about $4 trillion, including spending cuts and new tax revenues.
  2. A medium-range plan would aim to reduce the deficit by about $2 trillion.
  3. The smallest option would cut between $1 trillion and $1.5 trillion, without increased tax revenue or any Medicare and Medicaid cuts.

And the Republican response?

Said Rep. Darrell Issa, chairman of the Oversight and Government Reform Committee: “Quite frankly, [Republican] members of Congress are getting tired of what the president won’t do and what the president wants.”

Noted political analyst Chris Matthews summed up the sheer criminality of what happened within the House of Representatives.

Speaking on MSNBC’s “Hardball,” on July 28–five days before Congress reached its August 2 deadline to raise the debt-ceiling–Matthews noted:

“The first people to bow to the demands of those threatening to blow up the economy were the Republicans in the House, the leaders. The leaders did what the followers told them to do: meet the demands, hold up the country to get their way.

“Those followers didn’t win the Senate, or the Presidency, just the House.

“But by using the House they were able to hold up the entire United States government. They threatened to blow things up economically and it worked.

“They said they were willing to do that–just to get their way–not by persuasion, not by politics, not by democratic government, but by threatening the destruction of the country’s finances.

“Right. So what’s next? The power grid? Will they next time threaten to close down the country’s electricity and communications systems?”

With the United States teetering on the brink of national bankruptcy, President Obama faced three choices:

  1. Counter Republican extortion attempts via RICO–the Racketeer Influenced Corrupt Oganizations Act.
  2. Make a “Cuban Missile Crisis”-style address to the American people, seeking to rally them against a criminal threat to the financial security of the Nation.
  3. Cave in to Republican demands.

Unfortunately for Obama and the Nation, he chose Number Three.

Here is how he could have applied the other two options.

Racketeer Influenced Corrupt Organizations (RICO) Act

In 1970, Congress passed the Racketeer Influenced and Corrupt Organizations (RICO) Act, Title 18, United States Code, Sections 1961-1968.

Congress’ goal was to eliminate the ill-affects of organized crime on the nation’s economy. To put it bluntly, RICO was intended to destroy the Mafia.

In the 1980s, however, civil lawyers noticed section 1964(c) of the RICO Act.  This allows civil claims to be brought by anyone injured in their business or property by reason of a RICO violation.

Anyone who prevailed in a a civil RICO suit would automatically receive judgment of three times their actual damages and would be awarded their costs and attorneys’ fees.

Originally, the RICO Act was aimed at the Mafia and other organized crime syndicates.  But in United States v. Turkette, 452 U.S. 576 (1981), the Supreme Court held that RICO applied to both legitimate and illegitimate RICO enterprises.

Previously, many lower courts had tried to limit RICO to recognized “criminal” enterprises. After Turkette, RICO could also be used against corporations, political protest groups, labor unions and loosely knit-groups of people.

BUREAUCRATS AS ASSASSINS–PART FIVE

In Bureaucracy, History, Law, Law Enforcement, Politics on January 10, 2011 at 10:16 pm

“The only morality they recognize is what will further their cause, meaning they reserve unto themselves the right to commit any crime, to lie, to cheat, in order to attain that.”
–President Ronald Reagan, on the leaders of the Soviet Union, January 29, 1981

Increasingly, Republicans have repeatedly aimed violent–and violence-arousing–rhetoric at their Democratic opponents. This is not a case of careless language that is simply misinterpreted, with tragic results.

Republicans like Sarah Palin fully understand the constituency they are trying to reach: Those masses of alienated, uneducated Americans who live only for their guns and hardline religious beliefs–and who can be easily manipulated by perceived threats to either.

If one of these “nutcases” types assaults a Democratic politician and misses, then the Republican establishment claims to be shocked–shocked!–that such a thing could have happened.

And if the attempt proves successful–as the January 8 Tucson shootings did–then Republicans weep crocodile tears for public consumption. The difference is that, in this case, they rejoice in knowing that Democratic ranks have been thinned and their opponents are even more on the defensive, for fear of the same happening to them.

The most important target of these intended assaults is, of course, President Barack Obama.

Ominously, in August, 2009, about a dozen people carrying guns, including one with a military-style rifle, milled among protesters outside a Phoenix convention center where President Obama was giving a speech.

A week earlier, during Obama’s healthcare town hall in New Hampshire, a man carrying a sign reading “It is time to water the tree of liberty” stood outside with a pistol strapped to his leg.

Fred Solop, a Northern Arizona University political scientist, said the incidents in New Hampshire and Arizona could signal the beginning of a disturbing trend.

“When you start to bring guns to political rallies, it does layer on another level of concern and significance,” Solop said. “It actually becomes quite scary for many people. It creates a chilling effect in the ability of our society to carry on honest communication.”

The way to prevent such tragedies in the future is to hold fully accountable not just the shooters but those who deliberately point them toward their targets and repeatedly scream: “Kill the traitors!”

Americans must shed their naive belief that “America is exempt from the political corruption of other countries.” And they must see the Republicans’ lust for absolute power at any price as the danger it presents to the future of the Republic.

Among the steps that need to be taken:

First, the families and friends of the Tucson massacre victims should file civil lawsuits against Sarah Palin and every other Republican who can be proved to have created the firestorm of hate that consumed 20 people on January 8.

A legal precedent for such lawsuits emerged 21 years ago, and still remains viable.

On November 13, 1988 in Portland, Oregon, three white supremacist members of East Side White Pride and White Aryan Resistance (WAR) beat to death Mulugeta Seraw, an Ethiopian man who came to the United States to attend college.

Morris Dees and the Southern Poverty Law Center filed a civil suit (Berhanu v. Metzger) against Tom Metzger, founder of WAR. They argued that WAR influenced Seraw’s killers by encouraging their group, East Side White Pride, to commit violence.

At the trial, WAR national vice president Dave Mazzella testified how the Metzgers instructed WAR members to commit violence against minorities.

Tom and John Metzger were found civilly liable under the doctrine of vicarious liability, in which one can be liable for a tort committed by a subordinate or by another person who is taking instructions.

In October 1990, the jury returned the largest civil verdict in Oregon history at the time—$12.5 million—against Metzger and WAR. The Metzgers’ house was seized, and most of WAR’s profits go to paying off the judgment.

Second, the FBI and Justice Department should launch an all-out investigation into not simply right-wing hate groups but those political leaders who openly or secretly encourage and support their activities. Those who are found doing so should be indicted and prosecuted under the anti-terrorism statutes now aimed at Islamic terrorists.

Third, the Secret Service should immediately adopt the policy that no one but sworn law enforcement officers will be allowed to carry firearms within the immediate vicinity of the President. And it should enforce that policy through its elite countersniper teams.

Finally, President Obama should do what President Clinton failed to do at the time of the truck-bombing of the Oklahoma City Federal Building: He should publicly condemn those Republicans who give “aid and comfort” to the right-wing extremists whose support they openly court.

Unless such steps are taken, outrages such as the Tucson slaughter will continue to remain a needless “mystery.” And those outrages will continue until a Republican version of the swastika permanently flies over the capitol dome and the White House.

BUREAUCRATS AS ASSASSINS–PART FOUR

In Bureaucracy, History, Politics on January 10, 2011 at 8:58 pm

Having failed to defeat Bill Clinton in 1992, the Republicans sought to discredit him as a leader. As the first Democrat elected to the White House since 1976, he had broke an 12-year winning streak by Republicans.

This, in turn, made him a usurper in the eyes of Republicans generally. If they could not prevent him from reaching the White House, perhaps they could reduce him to impotence by destroying his legitimacy as President.

Republicans pressed for a special prosecutor to investigate a failed Arkansas land deal called Whitewater. But, over time, they kept adding new subjects for investigation, hoping at each turn to find a way to secure his indictment.

In January, 1998, news broke of Clinton’s affair with White House intern Monica Lewinsky. Republicans saw a chance to drive him from the White House via impeachment. But their effort failed, and Clinton served out the rest of his term.

Republicans won the White House in 2000, and again in 2004. But in 2008 the prospect of a black man becoming President frightened and infuriated not only many Republican leaders but their rightist supporters.

Republicans encouraged right-wing groups to spread the word that Obama was not born in Hawaii, but in Kenya. The purpose of this was to strip Obama of legitimacy as a leader.

Republican supporters–brandishing photos of President Obama painted with a Hitler forelock and toothbrush mustache–have claimed he intends to set up concentration camps for those who disagree with him.

Newt Gingrich, the former Republican Speaker of the House, charged that Obama was pursuing a socialist agenda via his legislation to reform healthcare and provide an economic stimulus to the stalled economy.

In his book, To Save America: Stopping Obama’s Secular-Socialist Machine, Gingrich claimed that Obama’s policy agenda was as “great a threat to America as Nazi Germany and the Soviet Union.”

On April 20, 2010, BP’s Deepwater Horizon oil rig exploded and sank about 40 miles southeast off the Louisiana coast. The resulting oil spill pumped millions of gallons of crude oil into the Gulf of Mexico.

When Obama began taking a tough line with BP, Rand Paul, the Republican candidate for Senator from Kentucky, declared the President was “really un-American in his criticism of business.”

Almost immediately after Obama took the oath of office, he came in for demonization by an industry of anti-Obama books by right-wing authors. The views they sought to popularize about the President can be quickly gleamed by a review of their titles:

Conservative Victory: Defeating Obama’s Radical Agenda by Sean Hannity
The Manchurian President: Barack Obama’s Ties to Communists,Socialists and Other Anti-American Extremists by Aaron Klein
The Blueprint: Obama’s Plan to Subvert the Constitution and Build an Imperial Presidency by Ken Blackwell
Catastrophe: How Obama, Congress and the Special Interests Are Transforming…a Slump into a Crash, Freedom Into Socialism and a Disaster into a Catastrophe….And How to Fight Back by Dick Morris
The War On Success: How the Obama Agenda Is Shattering the American Dream by Tommy Newberry
Power Grab: How Obama’s Green Policicies Will Steal Your Freedom and Bankrupt America by Christopher C. Horner
How the Obama Administration Threatens to Undermine Our Elections by John Fund
Obama’s Radical Transformation of America: Year One by Joshua Muravchik
Fleeced: How Barack Obama, Media Mockery of Terrorist Threats, Liberals Who Want to Kill Talk Radio, the Self-Serving Congress, Companies That Help Iran, and Washington Lobbyists for Foreign Governments Are Scamming Us…and What to Do About It by Dick Morris

(Morris’ book, Fleeced, contains possibly the longest subtitle of any political book since Adolf Hitler wanted to call his autobiography: Four and a Half Years of Struggle Against Lies, Stupidity and Cowardice. Knowing that so long a title would be a disaster, Hitler’s publisher settled for Mein Kampf, which, in German, means “My Struggle.”)

Increasingly, Republicans have repeatedly aimed violent–and violence-arousing–rhetoric at their Democratic opponents. This is not a case of careless language that is simply misinterpreted, with tragic results.

Republicans like Sarah Palin fully understand the constituency they are trying to reach: Those masses of alienated, uneducated Americans who live only for their guns and hardline religious beliefs–and who can be easily manipulated by perceived threats to either.

As Adolf Hitler, the master of 20th century propaganda advised in Mein Kampf: “Such being the case, all effective propaganda must be confined to a few bare essentials and those must be expressed as far as possible in stereotyped formulas. These slogans should be persistently repeated until the very last individual has come to grasp the idea that has been put forward.”

Thus, Palin and her fellow Republicans repeatedly use code-words like, “Don’t retreat, reload,” and draw up maps showing Democrats targeted with cross-hairs. (The map, posted on her website at “SaraPAC,” was taken down only on the day of the shootings.)

They know full well that there’s a good chance those words and images will take root in the hearts of such an unacknowledged constituency. And this, in turn, gives Republicans a chance to win with the bullet what they could not win at the ballot box.

BUREAUCRATS AS ASSASSINS–PART THREE

In Bureaucracy, History, Law on January 10, 2011 at 6:42 pm

Many Americans–-especially Republicans–claim they can’t understand the tragic January 8 shootings in Tuscon that claimed the lives of six people and left 14 others wounded.

Far from being a mystery, that violence is fully understandable. All we need do is accept that Republicans have spent a half-century slandering government and soliciting the support of violent extremists.

On April 19, 1993, David Koresh and 86 Branch Davidians, including up to 24 children, chose death by self-immolation rather than surrender to FBI agents who had besieged their compound in Waco, Texas, for 51 days.

High-ranking Republicans immediately sought to turn the needless mass suicide into a second Alamo. The FBI–normally revered by Republicans when they command the Justice Department–became a target for repeated Congressional hearings and slanderous attacks.

Totally ignored were the four agents of the Bureau of Alcohol, Tobacco and Firearms who were killed by the Davidians in the initial February 28 attempt to serve arrest and search warrants at the compound for illegal arms and ammunition. Another 20 were wounded.

The clear implication was that the FBI should have allowed the Davidians to go un-arrested for their killings and woundings of sworn Federal law enforcement officers.

Republicans used the Davidians’ self-immolation to solicit support among the heavily-armed, right-wing militia movement.

Said Newt Gingrich, then Speaker of the House: “”We have to understand that there is, in rural America, a genuine– particularly in the West–a genuine fear of the Federal Government and of Washington, D.C., as a place that doesn’t understand their way of life and doesn’t understand their values.”

Two years later, on April 19, 1995, Timothy McVeigh, a member of the militia movement, detonated a truck bomb in front of the Alfred P. Murrah Building in Oklahoma City, killing 168 people and injuring 450. It was the deadliest act of terrorism within the United States prior to the September 11, 2001 attacks. His primary motive for doing so was to “avenge” the Davidians who had died in Waco.

Suddenly, Republican leaders found themselves on the defensive. They had spent decades slandering the Federal Government–claiming, for example:

• there was a plot by Democrats to “take away your guns,”
• that flouridation was a Communist plot to “pollute our precious bodily fluids,”
• that Democrats were “Godless” and wanted to enforce athiesm on believing Christians,
• and that Democrats would allow United Nations “black helicopters” to stage a military takeover of the United States.

Now at least three members of one of their core constituency groups–the militia movement–had acted on that rhetoric. Republicans genuinely feared that President Bill Clinton would address the nation and lay blame squarely on those who had spent decades slandering government as a threat to the very liberties of those it was meant to serve.

Instead, Clinton gave a consoling address where he praised the men and women who had died in the blast. The closest he came to naming–and condemning–those truly responsible for the tragedy came near the end of his address:

“There are forces that threaten our common peace, our freedom, our way of life. Let us teach our children that the God of comfort is also the God of righteousness. Those who trouble their own house will inherit the wind. Justice will prevail.

“Let us let our own children know that we will stand against the forces of fear. When there is talk of hatred, let us stand up and talk against it. When there is talk of violence, let us stand up and talk against it. In the face of death let us honor life.”

But Clinton never blamed the Republicans for “giving aid and comfort” to the right-wing militia movement whose members carried out this slaughter.

Republicans won the White House in 2000, and again in 2004. But in 2008 the prospect of a black man becoming President frightened and infuriated not only many Republican leaders but their rightist supporters.

At one rally for Republican nominee John McCain, a woman screamed, “Obama! Osama!”–a clear reference to Republican accusations that Barack Obama was a closet Muslim, if not an outright supporter of Islamic terrorism.

Republicans encouraged right-wing groups to spread the word that Obama was not born in Hawaii, but in Kenya. The purpose of this was to strip Obama of legitimacy as a leader.

In 1988, while working as a community organizer in Chicago, Obama was formally baptized as a Christian at the Trinity United Church of Christ. Obama now worships in services at Camp David.

Despite this, Republicans and their right-wing supporters continue to assert that he is a secret Muslim. And this has led increasing numbers of Americans to believe he is.

The number of Americans who say President Obama is a Muslim has nearly doubled since March 2009, according to an August, 2010 poll from Pew. The poll finds that 18% of Americans say the president is a Muslim.

BUREAUCRATS AS ASSASSINS–PART TWO

In Bureaucracy, History, Law, Politics on January 10, 2011 at 11:31 am

“An attack on one who serves is an attack on all who serve,” said House Speaker John Boehner (R-Ohio) in a statement on the January 8 shooting of Democratic Rep. Gabrielle Giffords (D-Ariz.). “Acts and threats of violence against public officials have no place in our society. …This is a sad day for our country.”

This from the man who, upon assuming the Speakership, said his first priority was repealing President Obama’s healthcare reform bill. It was this bill that Giffords had supported against bitter attacks and death threats from Republican Tea Party members.

And from former Alaska Governor Sarah Palin–whose SarahPAC page, until the day of the shooting, depicted a map featuring cross-hairs over Giffords’ district: “My sincere condolences are offered to the family of Rep. Gabrielle Giffords and the other victims of today’s tragic shooting in Arizona. On behalf of Todd and my family, we all pray for the victims and their families, and for peace and justice.”

The shooting of Giffords–or some other Democratic legislator– was, in fact, entirely predictable. Among those who warned of such needless tragedy was Rep. Anthony Weiner (D-N.Y.).

“When Sarah Palin uses gun analogies and gun imagery when she makes her political point, she may believe that she’s engaging in metaphor,” said Weiner, who received an envelope of suspicious powder at his office. “But there are too many people who have twisted minds who might think that she’s being literal.”

Giffords may have seen the spectre of violence closing in on her. In April, 2010, she supported Rep. Raúl Grijalva after he had to close two offices when he and his staff received threats. He had called for a boycott of Arizona businesses in opposition to the state’s controversial immigration law.

“I am deeply troubled about reports that Congressman Grijalva and members of his staff have been subjected to death threats,” Giffords said. “This is not how we, as Americans, express our political differences. Intimidation has no place in our representative democracy. Such acts only make it more difficult for us to resolve our differences.”

But intimidation–and worse–does have a place among the tactics used by influential Republicans in the pursuit of absolute power:

• Rep. Randy Neugebauer (R-Tex.) yelled “baby killer” at Bart Stupak (D-Mich.) on the House floor.
• Florida GOP Congressional candidate Allen West, referring to his Democratic opponent, Rep. Ron Klein, told Tea Party activists: “You’ve got to make the fellow scared to come out of his house. That’s the only way that you’re going to win. That’s the only way you’re going to get these people’s attention.”
• Rep. Devin Nunes (R-CA) said Tea Partiers had “every right” to use racist and homophobic slurs against Democrats, chalking it all up to Democrats’ “totalitarian tactics.”
• Rep. Michele Bachmann (R-Minn.) said she wants her constituents “armed and dangerous” against the Obama administration.
• Sarah Palin told her supporters: “Get in their face and argue with them. No matter how tough it gets, never retreat, instead RELOAD!”
• Right-wing pundit Ann Coulter: “My only regret with Timothy McVeigh is he did not go to the New York Times building.”
• Senator Phil Gramm (R-Tex.): “We’re going to keep building the party until we’re hunting Democrats with dogs.”
• Rep. Louise M. Slaughter (D-N.Y.) received a phone message threatening sniper attacks against lawmakers and their families.
• Rep. James E. Clyburn (D-S.C.) the highest-ranking black lawmaker in the House, said he received an anonymous fax showing the image of a noose.

For more than 50 years, Republicans have vilified government–except, of course, when they are running it. (Then they have demanded absolute obedience and utmost devotion. When a member of the Dixie Chicks said she was ashamed that George W. Bush came from her home state of Texas, the group found itself facing boycotts and death threats.)

They have sought to convince Americans that Democrats are at least potential traitors, if not actual ones, ready to sell out the nation to the Communist menace.

(During the 1992 Presidential election, Republicans sought to paint Bill Clinton as a brainwashed “Manchurian candidate,” owing to a visit he had taken to the Soviet Union during his college years.)

After the Soviet Union collapsed in 1991, they tried to persuade voters that the Democrats were “soft on crime.” When riots flared in 1992 after the acquittal of the LAPD officers who had savagely beaten Rodney King, President George H.W. Bush blamed the carnage on the “Great Society” programs of the Lyndon Johnson era.

When President Barack Obama set out to provide healthcare fo all Americans–and not simply the wealthy–Republicans tried to convince voters that he would use healthcare reform to murder vast numbers of their fellows (via “death panels,” in Sarah Palin’s infamous phrase).

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