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NEGOTIATING NAZI-REPUBLICAN STYLE: PART SIX (END)

In Bureaucracy, History, Law, Law Enforcement, Politics on July 8, 2014 at 12:22 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

 

In 2011, Republicans threatened to destroy the Nation’s credit rating unless their budgetary demands were met.

Yet President Barack Obama could have ended that threat via the Racketeer Influenced Corrupt Organizations (RICO) Act

Passed by Congress in 1970, as Title 18, United States Code, Sections 1961-1968, its goal was to destroy the Mafia.

Originally, RICO 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 as well to legitimate enterprises being operated in a criminal manner.

After Turkette, RICO could also be used against corporations, political protest groups, labor unions and loosely knit-groups of people.

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 Republicans’ extortion attempts, 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 were now legally in place.  President Obama needed only to  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.

Criminally investigating and possibly indicting members of Congress 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 have served notice on current and future members of Congress: The lives and fortunes of American citizens may not be held hostage to gain leverage in a political settlement.

In short: Obama could have replaced the law of fear with the rule of law.

But Obama could have stood up to Republican extortionists in another way: 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.

John F. Kennedy

Kennedy outlined a series of steps he had taken to end the crisis–most notably, a blockade of Cuba.  Then he sought to reassure and inspire his audience:

“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–by explaining to the American people:

  • 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.

And he could have ended his speech with a direct call for action by the American people:

“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.

“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.”

To paraphrase Winston Churchill: President Obama had to choose between timidity and confrontation.

He chose timidity.

He would get contempt and obstruction at every turn.

NEGOTIATING NAZI-REPUBLICAN STYLE: PART FIVE (OF SIX)

In Bureaucracy, History, Law, Law Enforcement, Politics on July 7, 2014 at 9:21 am

In November, 1995, Newt Gingrich, then Speaker of the House of Representatives, carried out his threat to shut down the government.

Then he 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.

Newt Gingrich

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.

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.

Chris Matthews

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. Prosecute Republican extortionists under the Racketeer Influenced Corrupt Oganizations Act;
  2. Seek to rally the American people 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.

A graduate of Columbia University and Harvard Law School, Obama is easily one of the most academically gifted Presidents in United States history.

But for all this, he failed–from the onset of his Presidency–to grasp and apply this fundamental lesson taught by Niccolo Machiavelli, the father of modern political science.

In his classic work on politics, The Prince, Machiavelli warns:

From this arises the question whether it is better to be loved than feared, or feared more than loved. 

The reply is, that one ought to be both feared and loved, but as it is difficult for the two to go together, it is much safer to be feared than loved….

Men have less scruple in offending one who makes himself loved than one who makes himself feared.  For love is held by a chain of obligations which, men being selfish, is broken whenever it serves their purpose.  But fear is maintained by a dread of punishment which never fails

Obama has failed to heed this advice.  And, predictably, his sworn enemies–which is what Republicans consider themselves to be–have felt free to demonize and obstruct him at every turn.

NEGOTIATING NAZI-REPUBLICAN STYLE: PART FOUR (OF SIX)

In Bureaucracy, History, Law, Law Enforcement, Politics on July 4, 2014 at 3:05 pm

After winning the bloodless conquest of  Czechoslavakia by threatening France and Britain with war, Adolf Hitler turned his attention to Poland.

When his generals balked, warning that an invasion would trigger a war with France and Britain, Hitler quickly brushed aside their fears: “Our enemies are little worms. I saw them at Munich.”

Adolf Hitler and his generals

Hitler ordered the invasion of Poland on September 1, 1939–unintentionally triggering World War II.

In time, historians and statesmen would regard Munich as an object lesson in the futility—and danger—in appeasing evil and aggression.

But for the postwar Republican party, Hitler’s my-way-or-else “negotiating” methods would become standard operating procedure.

During the summer of 2011, Republicans refused to raise the debt ceiling unless Democrats agreed to massively cut social programs for the elderly, poor and disabled.

And while Republicans demanded that the disadvantaged tighten their belts, they rejected any raising of taxes on their foremost constituency–the wealthiest 1%.

To raise taxes on the wealthy, they insisted, would be a “jobs-killer.” It would “discourage” corporate CEOs from creating tens of thousands of jobs they “want” to create.

If Congress failed to raise the borrowing limit of the federal government by August 2, 2011, the date when the U.S.  reached the limit of its borrowing abilities, America would begin defaulting on its loans.

As Warren Buffett, CEO of Berkshire Hathaway, explained the looming economic catastrophe:

“If you don’t send out Social Security checks, I would hate to think about the credit meeting at S&P and Moody’s the next morning.

“If you’re not paying millions and millions and millions of people that range in age from 65 on up, money you promised them, you’re not a AAA,” said Buffett.

A triple-A credit rating is the highest possible rating that can be received.

Republicans knew this argument is a lie.  And so did the editors of Time.  The difference is, the editors of Time were willing to reveal the truth.

In its June 20, 2011  cover-story on “What U.S. Economic Recovery? Five Destructive Myths,” Rana Foroohar, the magazine’s assistant managing editor in charge of economics and business, delivered this warning:

Profit-seeking corporations can’t be relied on to ”make it all better.”

American companies “are doing quite well,” but most American workers “are earning a lower hourly wage now than they did during the recession.”

Corporations, in short, are doing extremely well.  But they don’t spend their profits on American workers.

“There may be $2 trillion sitting on the balance sheets of American corporations globally, but firms show no signs of wanting to spend it in order to hire workers at home.”

In short:  Giving even greater tax breaks to mega-corporations–the standard Republican mantra–has not persuaded them to stop “outsourcing” jobs. Nor has it convinced them to start hiring Americans.

Many American companies prefer opening factories in Brazil, China or India to doing so in the United States–and thus creating jobs for American workers.

While embarrassingly overpaid CEOs squander corporate wealth on themselves, millions of Americans can’t afford medical care or must depend on charity to feed their families.

Yet there is also a disconnect between the truth of this situation and the willingness of Americans to face up to that truth.

The reason, writes Foroohar:

Republicans have convinced most Americans they can revitalize the economy by slashing “taxes on the wealthy and on cash-hoarding corporations while cutting benefits for millions of Americans.”

And she concludes: To restore prosperity America needs both tax increases and cuts in entitlement programs.

Click here: What U.S. Economic Recovery? Five Destructive Myths – TIME

According to Mein Kampf-–”My Struggle”–-Hitler’s autobiography and political treatise:

  1. Most people are ruled by sentiment, not reason.
  2. This sentiment is simple and consistent. It is rooted in notions of love and hatred, right and wrong, truth and falsehood.
  3. Propaganda isn’t based on objective truth but must present only that partof the truth that makes its own side look good.
  4. People are not intelligent, and quickly forget.
  5. Confine propaganda to a few bare essentials and express these in easily-remembered in stereotyped images.
  6. Persistently repeat these slogans until the very last individual has come to grasp the idea that has been put forward.

Following these principles, Republicans have proved hugely successful at persuading millions that truth is whatever their party claims it to be at any given moment.

“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.

NEGOTIATING NAZI-REPUBLICAN STYLE: PART THREE (OF SIX)

In Bureaucracy, History, Law, Law Enforcement, Politics on July 3, 2014 at 9:50 am

On February 12, 1938, two Chancellors—Adolf Hitler of Germany, and Kurt von Schuschnigg of Austria—met at Hitler’s retreat at Obersalzberg, Germany.  At stake lay the future independence of Austria.

That meeting ended with Hitler’s bullying Schnuschigg into submission.  Austria became a vassal-state of Nazi Germany.

Seven months later, in September, 1938, Hitler gave another exhibition of his “negotiating” methods. This time, the target of his rage and aggression was Czechoslovakia.

Once again, he opened “negotiations” with a lie: The Czechoslovak government was trying to exterminate 3.5 million Germans living in the “Sudetenland.”

This consisted of the northern, southwest and western regions of Czechoslovakia, inhabited mostly by ethnic Germans.

Then he followed this up with the threat of war: Germany would protect its citizens and halt such “oppression.”

For British Prime Minister Neville Chamberlain, the thought of another European war erupting less than 20 years after the end of World War I was simply unthinkable.

The Cenotaph, in London, honoring the unknown British dead of World War 1

Something had to be done to prevent it.  And he believed himself to be just the man to do it.

He quickly sent Hitler a telegram, offering to help resolve the crisis: “I could come to you by air and am ready to leave tomorrow.  Please inform me of earliest time you can receive me, and tell me the place of the meeting.  I should be grateful for a very early reply.”

Once again, another head-of-state was prepared to meet Hitler on his home ground.  Again, Hitler took this concession as a sign of weakness.  And Chamberlain’s use of such words as “please” and “grateful” only further convinced Hitler of another impending triumph.

Chamberlain was determined to grant his every demand–so long as this meant avoiding a second world war.

The two European leaders met in Berchtesgaden, Germany, on September 15, 1938.

Neville Chamberlain and Adolf Hitler

During their talks, Chamberlain said he had come to discuss German grievances. But, he added, it was necessary in all circumstances to exclude the use of force.

Hitler appeared to be shocked that he could be accused of such intentions: “Force? Who speaks of force?“

Then, without warning, he switched to an aggressive mode. He accused the Czechs of having mobilized their army in May. They had mobilized—in response to the mobilization of the German army.

“I shall not put up with this any longer,” shouted Hitler. “I shall settle this question in one way or another. I shall take matters in my own hands!”

Suddenly, Chamberlain seemed alarmed—and possibly angry: “If I understood you right, you are determined to proceed against Czechoslovakia in any case. If this is so, why did you let me come to Berchtesgaden?

“In the circumstances, it is best for me to return at once. Anything else now seems pointless.”

Hitler was taken aback by the unexpected show of defiance. He realized he was about to lose his chance to bully the British into accepting his latest demands.

So he softened his tone and said they should consider the Sudetenland according to the principle of self-determination.

Chamberlain said he must immediately return to England to consult with his colleagues. Hitler appeared uneasy. But then the German translator finished the sentence: “…and then meet you again.” Hitler realized he still had a chance to attain victory without going to war.

Chamberlain agreed to the cession of the Sudetenland. Three days later, French Prime Minister Edouard Daladier did the same. No Czechoslovak representative was invited to these discussions.

Chamberlain met Hitler again in Godesberg, Germany, on September 22 to confirm the agreements. But Hitler aimed to use the crisis as a pretext for war.

He now demanded not only the annexation of the Sudetenland but the immediate military occupation of the territories. This would give the Czechoslovak army no time to adapt their defense measures to the new borders.

To achieve a solution, Italian dictator Benito Mussolini suggested a conference of the major powers in Munich.

On September 29, Hitler, Daladier and Chamberlain met and agreed to Mussolini’s proposal. They signed the Munich Agreement, which accepted the immediate occupation of the Sudetenland.

The Czechoslovak government had not been a party to the talks. Nevertheless, it promised to abide by the agreement on September 30.

It actually had no choice. It faced the threat of an immediate German invasion after being deserted by its pledged allies: Britain, France and the Soviet Union.

Chamberlain returned to England a hero.  Holding aloft a copy of the worthless agreement he had signed with Hitler, he told cheering crowds in London: “I believe it is peace for our time.”

Neville Chamberlain

Winston Churchill knew better, predicting: “Britain and France had to choose between war and dishonor. They chose dishonor. They will have war.”

Hitler—still planning more conquests—also knew better. In March, 1939, the German army occupied the rest of Czechoslovakia.

Chamberlain would soon be seen as a naive weakling–even before bombs started falling on London.

Hitler next turned his attention–and demands–to Poland.

NEGOTIATING NAZI-REPUBLICAN STYLE: PART TWO (OF SIX)

In Bureaucracy, History, Law, Law Enforcement, Politics on July 2, 2014 at 12:52 pm

Robert Payne, author of the bestselling biography, The Life and Death of Adolf Hitler (1973), described Hitler’s “negotiating” style thusly:

“Although Hitler prized his own talents as a negotiator, a man always capable of striking a good bargain, he was totally lacking in finesse. 

“He was incapable of bargaining.  He was like a man who goes up to a fruit peddler and threatens to blow his brains out if he does not sell his applies at the lowest possible price.”

By studying Hitler’s mindset and “negotiating” methods, we can learn much about the mindset and “negotiating” style of today’s Republican party.

A classic example of Hitler’s “bargaining style” came in 1938, when he invited Austrian Chancellor Kurt von Schuschnigg to his mountaintop retreat in Obersalzberg, Germany.  Hitler, an Austrian by birth, intended to annex his native land to Germany.

 Kurt von Schuschnigg

Schuschnigg was aware of Hitler’s desire, but nevertheless felt secure in accepting the invitation.  He had been assured that the question of Austrian sovereignty would not arise.

The meeting occurred on February 12, 1938.

Shuschnigg opened the discussion with a friendly compliment.  Walking over to a large window, he admired the breathtaking view of the mountains.

HITLER: We haven’t come here to talk about the lovely view or the weather!

Austria has anyway never done anything which was of help to the German Reich….I am resolutely determined to make an end to all this business.  The German Reich is a great power.  Nobody can and nobody will interfere if it restores order on its frontiers.

SCHUSCHNIGG: I am aware of your attitude toward the Austrian question and toward Austrian history….As we Austrians see it, the whole of our history is a very essential and valuable part of German history….And Austria’s contribution is a considerable one.

HITLER: It is absolutely zero—that I can assure you!  Every national impulse has been trampled underfoot by Austria….

I could call myself an Austrian with just the same right—indeed with even more right—than you, Herr Schuschnigg. Why don’t you once try a plebiscite in Austria in which you and I run against each other? Then you would see!

SCHUSCHNIGG: Well, yes, if that were possible. But your know yourself, Herr Reich Chancellor, that it just isn’t possible. We simply have to go on living alongside one another, the little state next to the big one. We have no other choice.

And that is why I ask you to tell me what your concrete complaints are. We will do all in our power to sort things out and establish a friendly relationship, as far as it is possible to do so.

HITLER: That’s what you say, Herr Schuschnigg. And I am telling you that I intend to clear up the whole of the so-called Austrian question–one way or another. Do you think I don’t know that you are fortifying Austria’s border with the Reich?

SCHUSCHNIGG: There can be no suggestion at all of that—

HITLER: Ridiculous explosive chambers are being built under bridges and roads—

This was a lie, and Hitler knew it was a lie. But no matter. It gave him an excuse to threaten to destroy Austria—as he was to destroy so many other nations during the next seven years.

HITLER: I have only to give one command and all this comic stuff on the border will be blown to pieces overnight. You don’t seriously think you could hold me up, even for half an hour, do you?

Who knows—perhaps you will find me one morning in Vienna like a spring storm. Then you will go through something!  I’d like to spare the Austrians that.

The S.A. [Hitler's private army of Stormtroopers] and the [Condor] Legion [which had bombed much of Spain into rubble during the three-year Spanish Civil War] would come in after the troops and nobody–not even I–could stop them from wreaking vengeance.

* * * * *

Schnuschigg made a cardinal mistake in dealing with Hitler: He showed fear.  And this was precisely what the Nazi dictator looked for in an opponent.

Contrary to popular belief, Hitler did not constantly rage at everyone.  On the contrary: he could, when he desired, be charming, especially to women.  He used rage as a weapon, knowing that most people feel intimidated by it.

In the case of Schuschnigg, he opened with insults and threats at the outset of their discussion.  Then there was a period of calm, to convince the Austrian chancellor the worst was over.

Finally, he once again attacked–this time with so much fury that Schuschnigg was terrified into submission.

With one stroke of a pen, Austria became a vassal-state to Nazi Germany.

Republicans used precisely the same “negotiating” style during the summer of 2011 to threaten the United States with financial ruin unless they got their way in budget negotiations.

And they threatened to do the same again that fall.

NEGOTIATING NAZI-REPUBLICAN STYLE: PART ONE (OF SIX)

In Bureaucracy, History, Law, Law Enforcement, Politics on July 1, 2014 at 11:19 am

Adolf Hitler, Germany Fuehrer for 12 years, had a favorite phrase: “So oder so.”

It meant: “One way or the other.”

That might sound harmless.  But, in Hitler’s case, it carried a sinister tone–as did almost everything else about the dictator who ruled Germany from 1933 to 1945.

When Hitler faced what he considered a problem, he said he would solve it “one way or the other.”   Which meant that if he couldn’t get his way, he would apply whatever means it took until he did.

Adolf Hitler

John Boehner, Speaker of the Republican-dominated House of Representatives, seems to be channeling the spirit of the late Nazi dictator.

He has threatened to sue President Barack Obama for issuing executive orders to implement policies whose legislation could not pass the Republican-controlled House.

On June 25, Boehner said he would introduce legislation to authorize the House general counsel to sue the Obama administration.  He claimed that Obama has “not faithfully executed the laws” by issuing executive orders.

“We elected a president, Americans note.  We didn’t elect a monarch or a king,” Boehner wrote in a memo to his colleagues.  But Boehner did not state which specific actions by Obama have been illegal.

Such a lawsuit would be a precursor to a Republican effort to impeach Obama.  This would allow the Right to gain through coercion what it could not win at the polls: His removal as President.

John Boehner

And President Obama’s response: “They don’t do anything except block me and call me names.  If you’re mad at me for helping people on my own, why don’t you join me and we’ll do it together.

“You’re going to squawk if I try to fix some parts of it administratively that are within my authority while you’re not doing anything?

“I’m not going to apologize for trying to do something while they’re doing nothing.

“What I’ve told Speaker Boehner directly is, ‘If you’re really concerned about me taking too many executive orders, why don’t you try getting something done through Congress?’”

Barack Obama

Obama has actually issued fewer executve orders than his predecessors–about one every 11 days, according to the Brookings Institute.

Contrast this with the records of such Presidents as:

  • George W. Bush, who issued an executive order on average every 10 days over eight years;
  • Ronald Reagan, who issued such orders about once every seven days during eight years; and
  • Jimmy Carter, who issued more than one order every five days during four years.

Of course, Bush and Reagan were Republicans–and white.  And Carter was turned out of office after only four years by Reagan, whom Republicans still idolize.

But Obama is a Democrat–and black.  Moreover, he has committed the ultimate crime of twice defeating Republican candidates for the Presidency.

On June 30, President Obama addressed a press conference in the White House Rose Garden.

During this, he outlined the pattern of Republican obstruction he has faced in winning passage of his immigration reform program.

“One year ago this month, Senators of both parties–with support from the business community, labor, law enforcement, faith communities–came together to pass a commonsense immigration bill.

“Independent experts said the bill would strengthen our borders, grow our economy, shrink our deficits.

“As we speak, there are enough Republicans and Democrats in the House to pass an immigration bill today.  I would sign it into law today, and Washington would solve a problem in a bipartisan way.

“But for more than a year, Republicans in the House of Representatives have refused to allow an up-or-down vote on that Senate bill or any legislation to fix our broken immigration system.

“And I held off on pressuring them for a long time to give Speaker [John] Boehner the space he needed to get his fellow Republicans on board….

“I believe Speaker Boehner when he says he wants to pass an immigration bill.  I think he genuinely wants to get something done.

“But last week, he informed the Republicans will continue to block a vote on immigration reform at least for the remainder of this year.

“Some of the House Republican caucus are using the situation with unaccompanied children as their newest excuse to do nothing.  Now I want everybody to think about that.

“Their argument seems to be that because the system’s broken, we shouldn’t make an effort to fix it.  It makes no sense.  It’s not on the level.  It’s just politics, plain and simple.

“Now thare are others in the Republican caucus in the House who are arguing that they can’t act because they’re mad at me about using my executive authority too broadly.  This also makes no sense.

“I don’t prfer taking administrative action.  I’d rather see permanent fixes to the issue we face.”

But since taking office as President on January 20, 2009, Obama has faced a torrent of Republican contempt and obstruction.

TWO WAYS TO AVOID A SHUTDOWN: PART THREE (END)

In Bureaucracy, History, Law Enforcement, Politics, Social commentary on September 24, 2013 at 12:00 am

The 1938 Munich Conference taught an invaluable lesson in foreign affairs: Caving in to the demands of insatiable thugs leads to only more demands.

That was what British Prime Minister Nveille Chamberlain learned when he sought to appease Adolf Hitler, Germany’s war-intent Fuehrer.

Chamberlain believed that by giving in to Hitler’s demands for “the German part” of Czechoslavakia known as the Sudetenland he could avoid war.

On September 29, Chamberlain and French Prime Minister Edouard Daladier met with Hitler and signed the Munich Agreement, resulting in the immediate German occupation of part of Czechoslavakia.

The Czechoslovakian government had not been a party to the talks.  Their “allies” had sold them out.

Chamberlain returned to England a hero.  Holding aloft a copy of the worthless agreement he had signed with Hitler, he told cheering crowds in London: “I believe it is peace for our time.”

Winston Churchill knew better, predicting: “Britain and France had to choose between war and dishonor. They chose dishonor. They will have war.”

And so they did.

It is not too late for President Barack Obama to apply this lesson from history.

With the United States facing a disastrous government shutdown unless the President surrenders to the latest Republican extortion threats, Obama can:

  1. Invoke the Racketeer Influenced Corrupt Organizations Act (RICO) and/or the Patriot Act;
  2. Rally the American people against this criminal threat to the security of the Nation.

Second Option: Calling upon the American people for their support

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

Addressing the Nation on October 22, 1962, Kennedy shocked his fellow citizens by revealing that the Soviet Union had placed 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.”

Just as President Kennedy called on his fellow Americans for support against a foreign enemy, President  Obama can rally his countrymen against an equally ruthless domestic enemy.

During such a national address, President Obama can reveal 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  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.
  • The Affordable Health Care Act frees Americans from the greed-fueled tyranny of the insurance industry.
  • Americans who could never hope to obtain medical coverage–for themselves and their families–can now do so.

Finally, President Obama can end 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 and social 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 most ruthless foreign enemies—most notably, Osama bin Laden.

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

Fortunately, there is still time for him to do so. The fact that he has not done so in the past does not rule out his doing so now.

He needs to only remember–and act on–the words of another American President–Andrew Jackson–who counseled: “One man with courage makes a majority.”

TWO WAYS TO AVOID A GOVERNMENT SHUTDOWN: PART TWO (OF THREE)

In Bureaucracy, History, Law Enforcement, Politics, Social commentary on September 23, 2013 at 12:10 am

Republicans are once again playing extortion politics–threatening to shut down the government unless they get their way.

And their way means abolishing The Affordable Care Act, otherwise known as Obamacare.

But this is a nightmare that doesn’t have to be.

There are, in fact, two ways to avoid it.

Assuming that President Obama doesn’t once again surrender to Republican extortion demands, he has two formidable weapons he can deploy:

First Option: RICO to the rescue

The Racketeer Influenced Corrupt Organizations (RICO) Act is a provision of the Organized Crime Control Act of 1970.  It authorizes prosecution for acts performed as part of an ongoing criminal organization.

It 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 in 2011 when Republicans threatened to destroy the credit rating of the United States unless their budgetary demands were met.

And such as the present case when Republicans are again threatening the security of the Nation with extortionate demands.

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 believes that RICO is not sufficient to deal with extortionate behavior, he can rely 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.”

Demanding that the President de-fund Obamacare or face a potentially disastrous government shutdown clearly falls within the legal definition of “activities…intended…to influence the policy of a government by intimidation or coercion.”

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 can direct Attorney General Eric Holder to investigate whether Republican Congressman—and their Tea Party cohorts—have violated Federal anti-racketeering and/or anti-terrorism laws.

  • Holder, in turn, can order the FBI to conduct such an investigation.
  • If the FBI finds sufficient evidence that these laws had been violated, Holder can empanel 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, 2011, Chris Matthews, host of MSNBC’s “Hardball,” wrapped up his program with a search for “options” to avoid another round of Republican extortion tactics.

Chris Matthews

“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.

Or, as Niccolo Machiavelli, the father of modern politics, instructed future leaders in The Prince:

I conclude, therefore, with regard to being loved and feared, that men love at their own free will, but fear at the will of the prince, and that a wise prince must rely on what is in his power and not on what is in the power of others….”

Instead, in 2011, Obama surrendered to Republican extortion demands.  As a result, the United States suffered a massive loss to its international credit rating.

But there was another way Obama could have stood up to Republican extortionists.  And it remains available to him now–if only he has the courage to act.

TWO WAYS TO AVOID A GOVERNMENT SHUTDOWN: PART ONE (OF THREE)

In Bureaucracy, History, Law Enforcement, Politics, Social commentary on September 20, 2013 at 12:15 am

Republicans are once again playing extortion politics–threatening to shut down the government unless they get their way.

And their way means abolishing The Affordable Care Act, otherwise known as Obamacare.

They’re enraged that millions of uninsured Americans might receive medical care on a par with that given members of the House and Senate.

So on September 20, the House will vote on a short-term government funding bill that will include a provision to defund Obamacare.

That provision is a no-go for Senate Democrats and President Obama.  If the House and Senate can’t work out a compromise, many functions of the federal government will be shut down indefinitely on Oct. 1.

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.

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.”

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.

The results were easily predictable: Emboldened by success, the extortionists continue to make even greater demands.

But this is a nightmare that doesn’t have to be.

There are, in fact, two ways to avoid it:

  1. The President can order the Justice Department to prosecute Republican extortion attempts via RICO–the Racketeer Influenced Corrupt Organizations Act.
  2. The President can make a “Cuban Missile Crisis” style address to the American people, seeking to rally them against a criminal threat to the security of the Nation.

NEGOTIATING NAZI-REPUBLICAN STYLE: PART SEVEN (END)

In Bureaucracy, History, Politics, Social commentary on August 14, 2013 at 9:40 am

This fall, President Barack Obama faces a rerun of Republic extortion tactics.

Republicans remain determined to destroy his signature achievement–ensuring health insurance for all Americans.  As a result, major Republican leaders are urging their members to vote against any year-end government-funding bill that includes money for “Obamacare.”

Faced with such extortion demands in 2011, Obama could have faced down his enemies 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.

Unfortunately, he chose to cave in to extortion and agree to the “sequester,” by which billions of dollars in Federal revenues were chopped across the board.

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).

Declare a National Crisis and Call for His Country’s Support

On October 22, 1962, President John F. Kennedy rallied his countrymen by warning them of the impending threat from a foreign enemy–Soviet nuclear missiles in Cuba.

President Obama can attain the same result–by calling on his countrymen to rally against a threat from a domestic enemy: The extortionists of the Republican Party.

During such a national address, President Obama can reveal 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 can end his speech by directly calling for the active support of his countrymen.  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.

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