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Posts Tagged ‘PATRIOT ACT’

INSANITY VS. REALITY – PART THREE (END)

In History, Law, Politics on September 14, 2012 at 12:05 am

THE EMAIL:

  • …Once re-elected, Barack Obama, as confirmed by his willingness to do or say anything and his unscrupulous re-election tactics, would not only threaten government shutdowns but would deliberately withhold payments to those dependent on government support as a means of intimidating and forcing a Republican controlled Congress to surrender to his demands, thus neutering their ability to control the administration through spending constraints.

THE REALITY:

  • Republicans–not Democrats–have repeatedly threatened to shut down the government if they didn’t get their way. 
  • In 1994, during Bill Clinton’s Presidency, Speaker of the House Newt Gingrich shut down the government because he felt slighted by Clinton on a trip to Israel. 
  • And earlier this year, Republicans threatened to force the United States to default on its loans by refusing to raise the debt ceiling unless Democrats agreed to an extortionate budgetary deal–which expires in December. 
  • When that happens, Republicans will once again pull their extortion routine at the expense of the nation they claim to love.
  • Democrats have never threatened to shut down the government.
  • Further, this administration has shown contempt for the courts by…stonewalling subpoenas and requests issued by Congress.
  • The  Eric Holder Justice Department has become the epitome of corruption as part of the most dishonest and deceitful administration in American history.
  • “Fast and Furious”–to which the reference to “stonewalling” alludes– was an operation begun during the George W. Bush administration. It involved allowing guns to be bought by members of the Mexican drug cartels to trace them to the outlaw bands.
  • Such operations–whether begun under Democratic or Republic administrations–are inherently risky and have nothing to do with politics.
  • When they go right the top leaders of the cartel go to prison. When they go wrong, it’s a scandal.
  • This one just didn’t work out.  Agents of the Bureau of Alcohol, Tobacco and Firearms lost control of the firearms–and one of the guns was used to kill a U.S. Border patrol officer.
  • In a second term the arrogance of Barack Obama and his minions will become more blatant as he will not have to be concerned with re-election.
  • Who will be there to enforce the rule of law, a Supreme Court ruling or the Constitution? No one.
  • Barack Obama and his fellow-travelers will be unchallenged as they run roughshod over the American people.
  • “Fellow-travelers” is a term used by 1950s Republicans–such as Joseph McCarthy–to mean Communists. 
  • If Obama is a Communist sympathizer–let alone a card-carrying one–this email offers no evidence to prove it.  But then, for the Right, evidence of treason isn’t necessary–only accusation.
  • Judging by his actions, words and deeds during his first term, [Obama] does not intend to work with Congress either Republican or Democrat in his second term but rather to force his radical agenda on the American people through the power he has usurped or been granted.
  • During the last three years. Obama has repeatedly sought compromises with Congressional Republicans.  But the Republicans have been the ones refusing to compromise.
  • Indiana State Treasurer Richard Mourdock, who’s now running for U.S. Senator, perfectly summed up the Republican attitude: “I have a mindset that says bipartisanship ought to consist of Democrats coming to the Republican point of view.”
  • That’s the sort of “compromise” Adolf Hitler understood, but it’s not the sort that’s acceptable in a democracy.
  • …We the American people also must come to grips with this moment in time and our role in denying Barack Obama his lifelong goal of “transforming” us  into his slaves working on his government plantation.

It’s hard to imagine Americans’ being enslaved when, because of President Obama:

  • They’re finally able to get healthcare insurance that was previously denied them because of a “pre-existing condition.”
  • They’re able to get such insurance for their children.
  • U.S. forces are finally being recalled from Iraq, where they never should have been sent.
  • American forces are being withdrawn from Afghanistan, where they’ve spent eleven years trying to remake a backwards, alien land into a modern nation.
  • There’s finally legislation to prevent another Wall Street meltdown because of the uncontrolled greed of corporate “leaders.”
  • A massive polluter like BP is called to account and forced to put up money to at least partially repair what it has monumentally spoiled.

But for the Right, black-and-white have always been inverted.  Thus one of the marching songs of Hitler’s black-uniformed SS offered these lyrics:

Clear the streets, the SS marches! 
The storm-columns stand at the ready. 
They will take the road 
From tyranny to freedom…. 

Or, as Ernest Hemingway once put it: “Fascism is a lie told by bullies.”

INSANITY VS. REALITY – PART TWO (OF THREE)

In History, Law, Politics on September 13, 2012 at 12:00 am

THE EMAIL:

  • The Environmental Protection Agency on a near daily basis issues new regulations clearly out of their purview in order to modify and change environmental laws previously passed and to impose a radical green agenda never approved by Congress.

THE REALITY:

  • In April, 2010, a  BP oil rig exploded off the coast of Louisiana, spilling untold millions of gallons of oil into the Gulf of Mexico.   
  • Up to then the Right–led by Sarah Palin–had been literally screaming: “Drill, baby, drill!”  Then, suddenly, that shouting fell silent.    Now it’s back again–as in this email. 
  • The vast majority of scientists in the United States have confirmed that global warming is a reality and that man-made pollution is the main cause. 
  • But the Right refuses to accept those findings–or the rises in temperature and accompanying drought across the country.

The left in America knows this usurpation of power is nearly impossible to reverse unless stopped in its early stages.

  • There’s a story about a peasant in a poor Jewish village in Russia who subscribed to several anti-Semitic newspapers.  These warned constantly about how Jews ran the banks, the governments, and virtually everything else..  One day a friend of his demanded: “How can you, a Jew, read such garbage?”  And the peasant said: “I love to see how powerful I am.”
  • The same thing applies here.  The writer of this email gives far too much credit to the “power” of the left. 
  • In doing so he ignores the rise of the Tea Party movement and its power to stalemate legislation in Congress. 
  • He also ignores the truth that, economically and politically, real power lies with the Right.  But to acknowledge this would demolish his pet theory of Leftist all-powerfulness. 
  • Most of the donors backing Mitt Romney are elderly billionaires.  Their median age is 66, and their median wealth is $1 billion. 
  • In the primary season, they invested $52 million in his  Super PAC, Restore Our Future. 
  • They all expect to profit from Romney’s pledges to eliminate inheritance taxes, extend the Bush tax cuts for the wealthy, and slash the top tax rates by another 20%.  
  • “Money buys power,” warns the Nobel Prize-winning economist Paul Krugman.  “And the increasing wealth of a tiny minority has effectively bought the allegiance of one of our two major political parties.  Support from billionaires has always been the main thing keeping those charlatans and cranks in business. And now the same people effectively own a whole political party.”

  • It is clearly the Mindset of this administration and its appointees that Congress is merely a nuisance and can be ignored after they were able to take full advantage of the useful idiots in the Democrat controlled House and Senate in 2009-2010 and the Democrat Senate in the current Congress.

  • Contempt of Congress is a long-running story with Presidents.  The administrations of Lyndon B. Johnson, Ronald Reagan and George W. Bush held Congress in absolute contempt. 
  • Johnson prepared the now-infamous “Gulf of Tonkin” resolution–giving him unrestricted right to wage war in Vietnam–before hostilities erupted.  And he got Congress to pass it overwhelmingly. 
  • Reagan ignored Congress’ ban on sending weapons to the right-wing Nicaraguan “Contras” and instructed his aides to raise money by selling anti-aircraft missiles to Iran in exchange for a handful of American hostages. 
  • Bush intended to attack Iraq from Day One of his Presidency, to “avenge” his father’s losing re-election in 1992 for “failing” to topple Saddam Hussein. 
  • He mounted a major PR campaign to persuade Congress that Iraq had WMDs and had plotted 9/11 with Hussein–even there was absolutely no evidence of either.
  • Additionally, Barack Obama knows after his re-election a Republican-controlled House and Senate will not be able to enact any legislation to roll back the power previously granted to the Executive Branch or usurped by them.
  • His veto will not be overridden as there will always be at least 145 Democratic members of the House or 34 in the Senate in agreement with or intimidated by an administration more than willing to use Chicago style political tactics.

  • Republicans dominate the House–which pushed the country to the brink of bankruptcy earlier this year.  They’re now trying to win control of the Senate, and may well do so. 
  • Senate Minority Leader Mitch McConnell has said the top priority of his party is to “make Barack Obama a one-term President.” 
  • This does not seem to be a party that’s “intimidated” by “Chicago-style political tactics.”   

INSANITY VS. REALITY – PART ONE (OF THREE)

In Bureaucracy, History, Law, Politics on September 12, 2012 at 12:05 am

A new email is sweeping the Internet, claiming to be from a former agent of the Federal Drug Enforcement Administration (DEA).

It’s aimed at voters who might vote to re-elect Barack Obama.  And it’s filled with generalizations, slanders and paranoid conspiracy theories.

Reading it is to journey into the darkest regions of the American electorate–and the right-wing organizations that seek to exploit them in the pursuit of absolute power.

Let’s take that journey.

THE EMAIL:

Obama’s Second Term Transformation Plans

  • The 2012 election has often been described as the most pivotal since 1860. This statement is not hyperbole.
  • If Barack Obama is re-elected the United States will never be the same, nor will it be able to re-capture its once lofty status as the most dominant nation in the history of mankind.
  • The overwhelming majority of Americans do not understand that Obama’s first term was dedicated to putting in place executive power to enable him and the administration to fulfill the campaign promise of “transforming America ” in his second term regardless of which political party controls Congress.
  • That is why his re-election team is virtually ignoring the plight of incumbent or prospective Democratic Party office holders.
THE REALITY:
  • It’s commonplace for incumbent Presidents to hoard their own popularity (if they have it) and not spend a lot of time campaigning on behalf of other politicians.  Or to spend as little time doing so as they can. 
  • One reason for this is they want to spend their time passing legislation or dealing with foreign affairs.  Every moment they spend on the campaign trail leaves them less time for what they consider their real duties as President. 
  • Another reason is that campaigning is a high-stress business and many Presidents don’t see much to be gained–by them–for doing it for others.
  • The most significant accomplishment of Obama’s first term is to make Congress irrelevant.
  • Under the myopic and blindly loyal leadership of Harry Reid and Nancy Pelosi, the Democrats have succeeded in creating an imperial and, in a second term, a potential dictatorial presidency.
  • If anyone is to blame for making Congress irrelevant, it’s Congress itself.  Earlier this year, Congressional Republicans pushed the country to the brink of bankruptcy simply to get their way on budgetary negotiations. 
  • They got their way as extortionists–and the nation’s credit rating fell accordingly.  And so did the job-approval rating of Congress–which, according to Gallup, now stands at 16%.
  • During the first two years of the Obama administration when the Democrats overwhelming controlled both Houses of Congress and the media was in an Obama worshiping stupor, a myriad of laws were passed and actions taken which transferred virtually unlimited power to the executive branch.
  • The birth of multi-thousand page laws was not an aberration. This tactic was adopted so the bureaucracy controlled by Obama appointees would have sole discretion in interpreting vaguely written laws and enforcing thousands of pages of regulations they and not Congress would subsequently write.
  • Congress has passed  laws running to hundreds or thousands of pages during both Democratic and Republican administrations. 
  • The tax code alone runs to 17,000 pages and 5.5 million words.  The Patriot Act–which completely rewrote the laws governing Federal law enforcement agencies–runs to 342 pages.   
  • Major spending bills frequently run more than 1,000.  The climate bill that the House passed in June, 2009, was 1,200 pages.
  • Bill Clinton’s 1993 health care plan was 1,342 pages long.   In 2007, President Bush’s budget bill ran to 1,482 pages.
  • The same is true in the 2,319 pages of the Dodd-Frank Financial Reform Act which confers nearly unlimited power on various agencies to control by fiat the nation’s financial, banking and investment sectors.
  • The bill also creates new agencies, such as the Consumer Financial Protection Bureau, not subject to any oversight by Congress.
  • This overall process was repeated numerous times with other legislation all with the intent of granting unfettered power to the executive branch controlled Barack Obama and his radical associates.
  • The Dodd-Frank Financial Reform Act was passed to prevent a repeat of the 2008 Wall Street meltdown.  Its stated purpose:
  • “To promote the financial stability of the United States by improving accountability and transparency in the financial system, to end ‘too big to fail’, to protect the American taxpayer by ending bailouts, to protect consumers from abusive financial services practices, and for other purposes.”
  • Only the Federal Government has the power to protect citizens from the overwhelming greed and stupidity of the men who run the financial community. 
  • But to prevent the wealthy few from destroying the financial standing of the United States is, for the Right, an act of Communism.

RICO TO THE RESCUE – PART TWO (END)

In Bureaucracy, History, Law, Politics on August 4, 2011 at 5:11 pm

On August 1, Chris Matthews, MSNBC’s noted political analyst, wrapped up his “Hardball” program with a search for “options.”

Specifically, he wanted to learn what it would take 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?”

Now, the remedy:

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.

Today, RICO is 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.

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 should President Obama believe that RICO isn’t 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.”

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 direct Attorney General Eric Holder to investigate whether recent actions by Republican Congressman—and their Tea Party cohorts—broke Federal anti-racketeering and/or anti-terrorism laws.
  • Holder, in turn, would order the FBI to conduct that investigation.
  • If the FBI found sufficient evidence that these laws had been violated, Holder could 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.

Not only would this be legally defensable, there are solid moral grounds for it.  Niccolo Machiavelli, the father of political science, devotes a chapter to “Promises Enacted By Force Need Not Be Honored” in his masterpiece, The Discourses.

Specifically, he writes:

“…There is no disgrace in disregarding promises that have been exacted by force.  Promises touching public affairs, and which have been given under the pressure of force, will always be disregarded when that force no longer exists, and this involves no dishonor.”

There is, in short, ”another way than either buckling to the Republicans or letting the government and the country crash.”  It is to replace the law of fear with the rule of law.

RICO TO THE RESCUE – PART ONE (OF TWO)

In Bureaucracy, History, Law, Politics on August 4, 2011 at 12:31 pm

“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 Cassier, Chairman of Philosophy, Hamburg University

After being forced to accept Republican blackmail as the price for preserving the nation’s financial integrity, President Obama might yet snatch victory from defeat.

That remedy can be spelled out in four letters: R-I-C-O.

Or, to be more precise: The Racketeer Influenced Corrupt Organizations Act.

First, the crime:

  • Republicans refused to raise the debt ceiling unless Democrats agreed to massively cut social programs for the elderly, poor and disabled.
  • Republicans further demanded there be no tax increases on the wealthy–especially the wealthiest 1% of the population.
  • If they didn’t get their way, they would block the raising of the country’s debt ceiling.
  • If Congress failed to raise the borrowing limit of the federal government by August 2, the date when the U.S. reached the limit of its borrowing abilities, it would begin defaulting on its loans.

One of the most influential critics of this exercise in extortion was Warren Buffett, CEO of Berkshire Hathaway.

“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,” said Buffett.

“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.”

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

“We raised the debt ceiling seven times during the Bush Administration,” Buffett told CNBC.

Putting the episode into terms a Federal prosecutor could understand, Buffett noted:

Because a Democrat held the White House, the Republican-controlled Congress was “trying to use the incentive now that we’re going to blow your brains out, America, in terms of your debt worthiness over time.

“We had debt at 120 percent of the GDP, far higher than this, after World War II and no one went around threatening that we’re going to ruin the credit of the United States or something in order to get a better balance of debt to GDP.”

The GDP–gross domestic product–refers to the market value of all final goods and services produced within a country in a given period.

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?”

On August 1, Matthews 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 answers to those questions will be explored in my next post.

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