bureaucracybusters

AVOIDING OBAMA’S MISTAKES: PART ONE (OF THREE)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on July 20, 2016 at 12:11 am

If Hillary Clinton becomes the nation’s first woman President, that will certainly be as big a historical milestone as Barack Obama’s becoming the first black man to hold that office.

But simply being elected President will not guarantee her success–any more than it guarantees success to any President.  

Every President faces challenges that his (up to now) predecessor didn’t. But others can be reasonably anticipated. For Clinton, a totally predictable challenge will be the sheer hatred and ruthless opposition Republicans aimed at Obama.  

And unless she determines, early on, to confront and overcome it, she will find her agenda just as blocked and undermined as Obama so often did.  

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Hillary Clinton

For example: 

On July 9, 2011, Republican extortionists threatened the Nation with financial ruin and international disgrace unless their budgetary demands were met.

They refused to raise the debt ceiling unless Democrats agreed to massively cut social programs for the elderly, poor and disabled.

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.

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.  

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Warren Buffett 

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

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

Raising 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.

As the calendar moved 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 Rep. 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.”

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.  

Rule #1 Ruthlessly Prosecute the Acts of Ruthless Criminals

But Obama could have countered that danger via the Racketeer Influenced Corrupt Organizations (RICO) Act.

In 1970, Congress passed RICO, Title 18, United States Code, Sections 1961-1968.  Its goal: Destroy the Mafia.

U.S. Department of Justice

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.” 

And if President Obama had believed that RICO was insufficient to deal with this crisis, he could have relied on the USA Patriot Act of 2001, passed in the wake of 9/11.  

President George W. Bush signs the USA Patriot Act into law – October 26, 2001

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 legally in place. President Obama needed only to direct the Justice Department to apply them.

“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 legally in place. President Obama needed only to direct the Justice Department to apply them.

Prosecuting members of Congress would not have violated the separation-of-powers principle. Congressmen had been investigated, indicted and convicted for various criminal offenses.

Such prosecutions–and especially convictions–would have served 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.

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