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Archive for the ‘Law Enforcement’ Category

PUBLIC ENEMY #1: CITIZENS WITH CAMERAS

In Bureaucracy, History, Law Enforcement, Social commentary on October 29, 2015 at 12:04 am

Want to report a crime to the FBI?  First you’ll have to prove you deserve to even see an FBI agent.

Step 1: Visit a Federal building where the FBI has a field office.  To enter, you must show a driver’s license or State ID card.

If your name is on the FBI’s “Ten Most Wanted” list, you won’t show it at all (let alone visit any FBI office).

And if you aren’t a notorious criminal or terrorist, handing over a driver’s license or State ID card with the name “John Smith” isn’t going to tell the security guard anything relevant about you.

It’s simply an invasion of your privacy in the name of security theater.

Step 2: You must remove

  • Your belt;
  • Your shoes;
  • Your watch;
  • Your wallet;
  • All other objects from your pants pockets;
  • Any jacket you’re wearing;
  • Any cell phone you’re carrying.

All of these must be placed in one or more large plastic containers, which are run through an x-ray scanner.

Step 3: Assuming you avoid setting off any alarm system, you’re allowed to enter.

Step 4: Take an elevator to the floor where the Bureau has its office and walk into a large room filled with several comfortable chairs that sit close to the floor.

Step 5: Approach a window such as you find in a bank–made of thick, presumably bulletproof glass.

A secretary on the opposite side greets you, and asks why you’ve come.

Step 6: State your reason for wanting to speak with an agent. If the secretary thinks it’s legitimate, she requires you to show her your driver’s license or State ID card.

Step 7: Slide this through a slot in the glass window.  Then she makes a xerox of this and hands the card back.

Step 8: Then you must fill out a single-page card, which requires you to provide your:

  • Name;
  • Address;
  • Phone number;
  • Social Security Number;
  • The reason you want to speak to an agent.

Of course, you can refuse to fill out the card. But then the secretary will refuse to let you meet with an agent.

So the FBI has no qualms about requiring others to give up their privacy.  But its director, James B. Comey, believes the public actions of police should be hidden from citizens’ scrutiny.

Addressing a forum at the University of Chicago Law School on October 23, Comey offered a series of possible reasons for the recent surge in crime rates in America.

Click here: FBI — Law Enforcement and the Communities We Serve: Bending the Lines Toward Safety and Justice 

“Maybe it’s the return of violent offenders after serving jail terms.  Maybe it’s cheap heroin or synthetic drugs.  Maybe after we busted up the large gangs, smaller groups are now fighting for turf.

“Maybe it’s a change in the justice system’s approach to bail or charging or sentencing. Maybe something has changed with respect to the availability of guns….”

Then Comey offered what he thought was the real villain behind the rise in crime: Cellphones aimed at police.

Comey-FBI-Portrait.jpg

FBI Director James B. Comey

“In today’s YouTube world, are officers reluctant to get out of their cars and do the work that controls violent crime? Are officers answering 911 calls but avoiding the informal contact that keeps bad guys from standing around, especially with guns?

“I spoke to officers privately in one big city precinct who described being surrounded by young people with mobile phone cameras held high, taunting them the moment they get out of their cars. They told me, ‘We feel like we’re under siege and we don’t feel much like getting out of our cars.’

“I’ve been told about a senior police leader who urged his force to remember that their political leadership has no tolerance for a viral video.

“So the suggestion, the question that has been asked of me, is whether these kinds of things are changing police behavior all over the country.

“And the answer is, I don’t know. I don’t know whether this explains it entirely, but I do have a strong sense that some part of the explanation is a chill wind blowing through American law enforcement over the last year. And that wind is surely changing behavior.”

The FBI has

  • Lobbied Congress for an electronic “key” that would allow it to enter a cyber “back door” to eavesdrop on even those emails protected by encryption systems;
  • Monitored electronic bugs and wiretapped phones–as well as social media sites like Facebook and Twitter;
  • Treated law-abiding citizens like criminal suspects before they can even seek help from an agent; and
  • Repeatedly preached to Americans that if they have nothing to hide, they should have nothing to fear from police surveillance.

But according to the FBI, citizens who aim cameras at cops in public places present a clear and present danger. This holds true even if they don’t interfere with the ability of police to make arrests.

They make heavily armed police feel so threatened that many officers are refusing to carry out their sworn duties.

COPS VS. CAMERAS

In Bureaucracy, History, Law, Law Enforcement, Social commentary on October 28, 2015 at 1:27 am

For decades, Americans have been told by police at local and Federal levels: If you have nothing to hide, you shouldn’t worry about giving up your privacy.

The FBI, for example, has lobbied Congress for an electronic “key” that would allow it to enter a cyber “back door” to eavesdrop on even those emails protected by encryption systems.

Of course, the FBI has long found ways to circumvent the efforts of criminals to remain anonymous.

Decades ago, Mafiosi learned to assume their phones were being wiretapped and their rooms bugged with hidden microphones by agents of the FBI or the Drug Enforcement Administration (DEA).

And law-abiding Americans have grown used to being under camera surveillance every time they enter a bank, a State or Federal agency, a drugstore or supermarket.  Or even walking down a street.

Related image

So it must seem ironic–if not downright hypocritical–to such people when police complain that their privacy is being invaded.

And this “invasion” isn’t happening with taps placed on cops’ phones or bugs planted in their police stations or private homes.

No, this “invasion” is happening openly in public–with video cameras and cellphones equipped with cameras.

And it’s happening in direct response to a series of controversial incidents involving the use of deadly force by police.

The most famous of these was the shooting, in August, 2014, of strong-arm grocery store robber Mike Brown in Ferguson, Missouri.  Ironically, this was not captured on video.

But a number of other incidents were. Among them:

  • The shooting of Walter Scott, a black motorist, on April 4, 2015.  Scott was stopped for a non-working third tail light.  When North Charleston Police Officer Michael Slager returned to his patrol car, Scott exited his car and fled.  Slager gave chase, firing first a Taser and then his pistol.  He hit Scott five times–all from behind.  Slager later claimed he had “felt threatened.” Unluckily for him, the shooting was caught on a citizen’s cellphone camera. On June 6, a grand jury indicted Slager on a charge or murder.
  • On April 9, 2015, San Bernaradino sheriff’s deputies, after an exhaustive chase, kicked Francis Pusok twice–including a kick to the groin–as he lay facedown on the ground with his hands behind his back.  About five minutes after Pusok was handcuffed, hobbled and rolled onto his side, another deputy also kicked him. Three deputies have been charged with felony assault.  The footage of this came from an NBC News helicopter.
  • In February, 2015, Orlando police officer William Escobar was fired after cell phone footage emerged of him punching and kicking a handcuffed man.

Addressing a forum at the University of Chicago Law School on October 23, FBI Director James B. Comey spoke of rising crime rates in America.  And he offered a series of possible reasons for it.

Click here: FBI — Law Enforcement and the Communities We Serve: Bending the Lines Toward Safety and Justice 

“Maybe it’s the return of violent offenders after serving jail terms.  Maybe it’s cheap heroin or synthetic drugs.  Maybe after we busted up the large gangs, smaller groups are now fighting for turf.

“Maybe it’s a change in the justice system’s approach to bail or charging or sentencing. Maybe something has changed with respect to the availability of guns….”

Then Comey offered what he thought was the real villain behind the rise in crime: Cellphones aimed at police.

Comey-FBI-Portrait.jpg

FBI Director James B. Comey

“But I’ve also heard another explanation, in conversations all over the country. Nobody says it on the record, nobody says it in public, but police and elected officials are quietly saying it to themselves. And they’re saying it to me, and I’m going to say it to you….

“In today’s YouTube world, are officers reluctant to get out of their cars and do the work that controls violent crime? Are officers answering 911 calls but avoiding the informal contact that keeps bad guys from standing around, especially with guns?

“I spoke to officers privately in one big city precinct who described being surrounded by young people with mobile phone cameras held high, taunting them the moment they get out of their cars. They told me, ‘We feel like we’re under siege and we don’t feel much like getting out of our cars.’

“I’ve been told about a senior police leader who urged his force to remember that their political leadership has no tolerance for a viral video.

“So the suggestion, the question that has been asked of me, is whether these kinds of things are changing police behavior all over the country.

“And the answer is, I don’t know. I don’t know whether this explains it entirely, but I do have a strong sense that some part of the explanation is a chill wind blowing through American law enforcement over the last year. And that wind is surely changing behavior.”

Apparently, it’s OK for police to aim cameras–openly or concealed–at citizens, whether law-abiding or law-breaking. But if citizens aim cameras at cops–even without interfering with their making arrests–police feel threatened, to the point of refusing to carry out their duties.

WHY SO MANY PEOPLE DISTRUST GOVERNMENT

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on October 23, 2015 at 12:40 am

In 2005, Rahinah Ibrahim, a Malaysian architect, was placed on the United States Government’s No-Fly list, operated by the Terrorist Screening Center.

It wasn’t because she was a member of Al Qaeda.  It happened because of an FBI screw-up.

The mess started in January 2005, when Ibrahim and her 14-year-old daughter arrived at the San Francisco Airport.  Their destination: Hawaii, to attend a conference trip sponsored by Stanford.

Ibrahim, still recovering from a recent hysterectomy, was in a wheelchair.

When she approached the United Airlines counter to check in, she was seized, handcuffed, thrown in the back of a police car and taken to a holding cell.

There she was interrogated.  During this, paramedics had to be summoned because she hadn’t taken her surgery medication.

Then, to her surprise, she was released–and told that her name had been removed from the No-Fly list.  She boarded a flight to Hawaii and attended the conference.

But in March 2005, the situation suddenly changed.

Having returned to Malasia, she bought a ticket to fly back to California to meet with her Stanford thesis adviser. But at the airport, she was banned from the flight.

She was told that her student visa had been revoked, and that she would longer be let into the United States.  When she asked why, authorities refused to give a reason.

She would not learn the answer for another eight years.

An FBI agent in San Jose, California, had conducted a background check on Ibrahim.  He hadn’t meant to place her on theNo-Fly list.

FBI Headquarters in Washington, D.C.

He had simply checked the wrong boxes on a form.  He didn’t even realize the mistake until nearly a decade later, during his deposition in 2013.

In fact, he filled out the form exactly the opposite way from the instructions provided on the form. He did so even though the form stated, “It is recommended that the subject NOT be entered into the following selected terrorist screening databases.”

Thus, Ibrahim was placed on the No-Fly list.

That was bad enough–but at least understandable. FBI agents are human, and can and do err like anyone else.

What is not understandable or tolerable is this:

After Ibrahim filed a lawsuit against the United States Government in 2006, the Justice Department ordered a coverup–to prevent word from leaking that one of its agents had made a mistake.

Moreover, Ibrahim was ordered by the Justice Department to not divulge to anyone that she was suing the United States Government–or the reason for the lawsuit.

Ibrahim is currently the dean of architecture at University Putra Malaysia.

Because the Justice Department refused to admit its mistake, attorneys working pro bono for Ibrahim incurred a reported $3.8 million in legal fees, as well as $300,000 in litigation costs.

In his recent decision on the case, U.S. District Judge William Alsup, based in San Francisco, called the agent’s error “conceded, proven, undeniable and serious.

Once derogatory information is posted to the Terrorist  Screening Database, it can propagate extensively through the  government’s interlocking complex of databases, like a bad credit  report that will never go away,” he wrote.

If only the Justice Department had readily admitted the mistake and quickly moved to correct it.  But the egos of Federal law enforcement agents and prosecutors effectively ruled out this option.

Robert Gates, who served as Secretary of Defense under Presidents George W. Bush and Barack Obama (2006-2011) had a completely different approach to dealing with mistakes.

In his 2014 autobiography, Duty, he writes of his determination to promote good relations between the Pentagon and the reporters who covered it.

In his commencement address at the Anapolis Naval Academy on May 25, 2007, he said:

“…the press, in my view [is] a critically important guarantor of our freedom.

“When it identifies a problem, the response of senior leaders should be to find out if the allegations are true.  And if so, say so, and then act to remedy the problem.

“If [the allegations are] untrue, then be able to document that fact.”

Millions of Americans not only distrust the Federal Government–they believe it is aggressively conspiring against them.

But the vast majority of Federal employees do not come to work intent on destroying the lives of their fellow Americans.

They spend most of their time carrying out routine, often mind-numbing tasks–such as filling out what seem like an endless series of forms.

But even where no malice is involved, their actions can have devastating consequences for innocent men and women.

Especially in cases where “national security” can be invoked to hide error, stupidity, or even criminality.

The refusal of the Justice Department to quickly admit the honest mistake of one of its agents prevented Ibrahim from boarding a commercial flight for seven years.

Federal agencies should follow the advice given by Robert Gates:  Admit your mistakes and act quickly to correct them. 

Unless this happens, the poisonous atmosphere of distrust between the Government and its citizens will only worsen.

THE “FAMILY VALUES” BUMBOY

In Bureaucracy, History, Law Enforcement, Politics, Social commentary on October 16, 2015 at 3:55 pm

Former House Speaker Dennis Hastert will plead guilty to lying to the FBI.

That announcement was made on October 15 by the office of the United States Attorney [Federal prosecutor] for Chicago.

Hastert, who was the Republican Speaker of the House of Representatives from 1999 to 2007, had been indicted on May 28 for violating federal banking laws and lying to the FBI.

He had tried to conceal $3.5 million in hush-money payments over several years to a man who was blackmailing him.

Dennis Hastert

The source of the blackmail: A homosexual—and possibly coerced—relationship with an underage student while Hastert was a teacher and wrestling coach at Yorkville High School, in Yorkville, Illinois–long before Hastert entered Congress in 1981.

Hastert wasn’t indicted for having had a sexual relationship with an underage student. The statute of limitations had long ago run out on that offense.

He was indicted for trying to evade federal banking laws and lying to the FBI.

According to the indictment, the FBI began investigating the cash withdrawals in 2013.

The Bureau wanted to know if Hastert was using the cash for criminal purposes or if he was the victim of a criminal extortion.

When questioned by the FBI, Hastert said he was storing cash because he didn’t feel safe with the banking system: “Yeah, I kept the cash. That’s what I’m doing.”

Thus, irony: By giving in to blackmail, Hastert:

  • Lost $3.5 million;
  • Unintentionally engineered his arrest and indictment; and
  • Ensured that his darkest secret would be revealed.

There is a lesson to be learned here—one that longtime FBI Director J. Edgar Hoover well understood: Giving in to blackmail only empowers the blackmailer even more.

As William C. Sullivan, the onetime director of the FBI’s Domestic Intelligence Division, revealed after Hoover’s death in 1972:

“The moment [Hoover] would get something on a senator, he’d send one of the errand boys up and advise the senator that ‘we’re in the course of an investigation, and we by chance happened to come up with this data on your daughter.

“‘But we wanted you to know this. We realize you’d want to know it.’ Well, Jesus, what does that tell the senator? From that time on, the senator’s right in his pocket.”

Of course, hypocrites who lead double-lives are always vulnerable to blackmail. Enter Dennis Hastert.

During his tenure as House Speaker, Hastert pushed the anti-homosexual Defense of Marriage Act (DOMA) through the House. He also proposed a Constitutional amendment to annul same-sex marriages in states that allowed them.

The only effective way of handling blackmail was demonstrated by Arthur Wellesley, known to history as the Duke of Wellington.

The Duke of Wellington

In 1815, he had defeated Napoleon at the battle of Waterloo, ending France’s longstanding threat to England.  With that victory came the honors of a grateful nation.

Then, in December, 1824, Wellington found himself the target of blackmail by Joseph Stockdale, a pornographer and scandal-monger.

“My Lord Duke,” Stockdale write in a letter, “In Harriette Wilson’s memoirs, which I am about to publish, are various anecdotes of Your Grace which it would be most desirable to withhold….

“I have stopped the Press for the moment, but as the publication will take place next week, little delay can necessarily take place.”

Wilson was a famous London courtesan past her prime, then living in exile in Paris.  She was asking Wellington to pay money to be left out of her memoirs.

From Wellington came the now-famous reply: “Publish and be damned!”

Wilson’s memoirs appeared in installments, naming half the British aristocracy and scandalizing London society.

And, true to her threat, she named Wellington as one of her lovers—and a not very satisfying one at that.

Wellington was a national hero, husband and father. Even so, his reputation did not suffer, and he went on to become prime minister.

Click here: Rear Window: When Wellington said publish and be damned: The Field Marshal and the Scarlet Woman – Voices

Dennis Hastert, former Speaker of the House, might now wish he had followed the example of the Duke of Wellington.

His reputation might have been trashed, but he wouldn’t have faced prosecution.

By choosing to give in to blackmail, Hastert destroyed his reputation and left himself open to prosecution for violating Federal currency laws.

Once he lied to FBI agents about the reason for his withdrawals, his choices came down to two: Confront the charges in open court, or plead guilty and avoid a trial.

By pleading guilty, Hastert avoids having to answer why he was willing to pay out $3.5 in blackmail monies.

But his reputation remains twice trashed—once under the stigma of sexual misconduct, and again under the stigma of a criminal conviction.

OF COPS AND SNITCHES

In Bureaucracy, History, Law Enforcement, Social commentary on October 15, 2015 at 12:51 pm

In the bullet-riddled new movie, “Black Mass,” both FBI agents and criminals use plenty of four-leter words.

But the word both groups consider the most obscene is spelled with only three letters: R-a-t.

The movie is based on the true-life story of Irish mobster James “Whitey” Bulger and the secret deal he forged with John Connolly, his childhood friend-turned-FBI agent.

Johnny Depp as James “Whitey” Bulger

After decades of ignoring the Mafia, the FBI is now mounting an all-out effort against it.  One of the agents assigned to this war is Connolly, who is assigned to the Boston field office in 1975.

For Connolly (Joel Edgarton) winning this war means getting inside Intelligence on La Cosa Nostra’s leaders and operations.

And he believes that his former childhood friend, Bulger (played by an ice-cold Johnny Depp) can supply it.

The only question is: How to get him to do it?

And Connolly has the answer: An alliance between the FBI and Bulger’s Winter Hill gang.

At first, Bulger is wary.  He hates “finks,” “informers,” “rats.”  But Connolly persuades him that it’s one thing to inform on your own friends–and something different to inform on your sworn enemies, such as the Italian Mafia.

And to sweeten the deal further, Connolly offers Bulger immunity from FBI scrutiny. The only condition: “You can’t clip [kill] anyone.”

Bulger readily agrees–knowing he has no intention of keeping his word.  He will kill anyone who crosses him–or threatens to become “a problem.”

For Connolly and Bulger, the deal quickly proves golden.

Armed with Bulger’s inside tips, Connolly makes it possible for the FBI to plant an electronic bug in the headquarters of Gennaro Angiulo, the underboss [second-in-command] of the Raymond Patriarca Mafia Family’s operations in Boston.

John Connolly

Successful prosecutions follow.  To the Boston United States Attorney [Federal prosecutor] and his FBI superiors, Connolly is a mob-busting hero.

And with the dismantling of the Mafia’s operations, Bulger and his friend, enforcer Steven Flemmi, seize control of organized crime in Boston.

FBI photo of James “Whitey” Bulger at the time of his arrest

“Black Mass” vividly illustrates that even an elite law enforcement agency such as the FBI can’t operate effectively without informants.  And informants don’t come from the ranks of choirboys.  These are criminals willing to sell out their accomplices or their criminal competitors–for a price.

With his superiors happy, Connolly works virtually unsupervised.  He, Bulger, Flemmi and Connolly’s nominal supervisor, John Morris, are on a first-name basis.  Against all FBI regulations, he and Morris host a lavish steak dinner for Bulger and Flemmi at Connolly’s house.

But if Connolly refuses to admit that he’s been corrupted, his wife, Marianne [Julianne Nicholson] sees it all too well.  He begins dressing more flashily and carrying himself more arrogantly.  Eventually, Marianne locks him out of the house and forces him to sleep in his office.

Eventually, a new Federal prosecutor named Fred Wyshak [Corey Stoll] arrives in Boston, and he’s determined to go after Whitey Bulger.

Bypassing the FBI, Wyshak enlists State police and agents of the Federal Drug Enforcement Administration (DEA). They start rounding up scores of criminals–including those forced to pay a “street tax” to Bulger.

Among those arrested are Bulger’s top enforcers Steven Flemmi and Kevin Weeks. Informed that Bulger has been “ratting out” not only the Mafia but his fellow Irish mobsters, they quickly turn on him.

Warned by Connolly that the FBI is going to arrest him, Bulger disappears–and goes on the run for 16 years.  For 12 of these he is on the Bureau’s “Ten Most Wanted” list.

The manhunt ends on June 22, 2011, when the FBI finally arresdts Bulger–now 81–at his apartment complex in Santa Monica, California.

After going to trial, he’s found guilty on August 12, 2013, on 31 counts of racketeering, money laundering, extortion and involvement in 19 murders.  He’s sentenced to two consecutive life terms plus five years.

For Connolly, a similar fate awaits.  His supervisor, Morris, decides to cut a deal for himself at the expense of hhis longtime friend.

Connolly is retired from the FBI and at home when two FBI agents show up to arrest him.  He’s indicted on charges of alerting Bulger and Flemmi to investigations, faisifying FBI reports to cover up their crimes, and accepting bribes.

Testifying against him are Flemmi and Weeks.  On November 6, 2008, Connolly is convicted.  He’s sentenced to 40 years in prison, after the judge notes that the former FBI star had “crossed to the dark side.”

“Black Mass” has a great many lessons to teach about the relationship between law enforcement agents and their criminal informants.

And how those relations can sometimes go terribly wrong.

A NEW WAY TO VASTLY REDUCE CRIME

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on October 14, 2015 at 2:03 am

For decades, the rhetoric of the Cold War has carried over into the debate over policing.

“Hawks” on the Right have demanded a “hard” approach to law enforcement, emphasizing punishment.  “Doves” on the Left have pursued a “soft” line, stressing social programs and rehabilitation.

But it isn’t enough to be “hard” or “soft” in pursuing the goal of a safe, law-abiding society.  It’s necessary to be “smart” above all.

If you can’t eradicate evil, then you should try to direct at least some of its elements into a safer path.  This especially true for those effrots directed against violent criminal gangs.

According to the FBI:

  • Some 33,000 violent street gangs, motorcycle gangs, and prison gangs with about 1.4 million members are criminally active in the U.S. today.
  • Gangs are responsible for an average of 48 percent of violent crime in most jurisdictions and up to 90%  in several others.
  • Many are sophisticated and well organized; all use violence to control neighborhoods and boost their illegal money-making activities, which include robbery, drug- and gun-trafficking, fraud, extortion, and prostitution rings.
  • Their revenues climb into untold billions of dollars each year–all of it tax-free.

Click here: FBI — Gangs

These gangs aren’t going to disappear, no matter how many of their members die or wind up in prison.

The time has come to apply the time-tested principle so well known south of the border: “Pan o palo.”  Or: “Bread or stick.”

In short: Rewards or punishments.

As in a legalized competition for the title of “State Gang Champion.”  This would work as follows:

  • Each state should invite its resident gang members to take part in a series of competition for the title of “State Gang Champion.”
  • These would be modeled on competitions now existing within the National Football League–a series of playoffs to determine which two gangs will duke it out in the “Super Rumble.”
  • These competitions would be completely voluntary, thus eliminating any charges of State coersion.
  • They would be modeled on the country’s current mania for “Ultimate Warrior” contests for kickboxers and bare-kunckled fighters.
  • Contestants–as many as a score or more from at least two opposing gangs–would meet in a football-sized arena.
  • No firearms would be allowed.
  • Contestants could otherwise arm themselves with whatever weapons they desired–such as baseball bats, swords, axes, spears or chains.
  • Everyone who agreed to participate would automatically be granted immunity for whatever carnage they inflicted.
  • The object of these contests would be to officially determine which State gang was the “baddest” for the year.
  • Tickets could be purchased by fans looking for an afternoon’s festival of gore.
  • Television networks could–and no doubt would–vie for rights to film the events, just as they now do for “pay-for-view” wrestling or boxing matches.

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A modern-day Coliseum

There are several reasons why many–if not most–gangs would want to participate in such contests.

  1. They would be able to eliminate members of rival gangs without risk of prosecution and imprisonment.
  2. They would be able to gauge–through the heat of combat–the toughness of their own associates.
  3. They would gain at least temporary stardom–just as successful gladiators did under the Roman Empire.
  4. The winning gang would gain official status as “The Baddest” gang in the State.

On the last point: Napoleon Bonaparte created the Order of the Legion of Honor, distributed 15,000 crosses to his soldiers and called his troops the “Grand Army.”

When someone criticized him for giving “toys” to his war-hardened veterans, Napoleon replied: “Men are ruled by toys.”

And for the State there would be gains as well:

  1. These contests would literally eliminate a great many gang members who cannot be removed any other way.
  2. Police and prosecutors could concentrate their limited resources on gangs that refused to participate or were deemed to pose a major threat.
  3. Millions of dollars in State revenues would be generated through ticket sales and the buying of pay-per-view rights.

Admittedly, many law-abiding citizens would be repulsed by the carnage that would result from implemting this proposal. But these are generally the people who disdain boxing or wrestling contests anyway.

But given our increasingly jaded and violence-prone society, most of them would eventually tolerate it as an effective way to simultaneously raise badly-needed tax revenues and reduce the size of criminal gangs.

Republican politicians would find this an especially attractive proposal, since it adheres to the two concepts dear to the hearts of all Right-wingers: Killing people and making money.

In short: With sufficient creativity and ruthlessness, it should be possible to reclaim control of our streets from the evils of gang violence.

HOW TO STOP GUN MASSACRES

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on October 13, 2015 at 1:49 pm

The Mass Shooting Tracker was created to track every incident in the United States where a gun is used to kill or injure four or more people at one time.

By October 2, the year 2015 has seen 294 mass shootings in 275 days. Those shootings have claimed the lives of 380 people. No more than eight days this year have passed without a mass shooting.

So what should the surviving victims of these rampages do to seek redress?

And how can the relatives and friends of those who didn’t survive seek justice for those they loved?

Three things:

First, don’t count on politicians to support a ban on assault weapons.

Politicians–-with rare exceptions–-have only two goals:

  1. Get elected to office, and
  2. Stay in office.

And too many of them fear the economic and voting clout of the National Rifle Association (NRA) to risk its wrath.

Second, don’t expect the mental health profession to prevent such future tragedies.

There is simply no definitive way to predict who is likely to commit mass murder.

And even if such a method were developed, it would likely be ruled unconstitutional.  A person can’t be jailed or hospitalized for fear of what he might do.

Third, those who survived these rampages–-and the relatives and friends of those who didn’t–-should file wrongful death, class-action lawsuits against the NRA.

There is sound, legal precedent for this.

For decades, the American tobacco industry peddled death and disability to millions and reaped billions of dollars in profits.

  • The industry vigorously claimed there was no evidence that smoking caused cancer, heart disease, emphysema or any other ailment.
  • Tobacco companies spent billions on slick advertising campaigns to win new smokers and attack medical warnings about the dangers of smoking.
  • Tobacco companies spent millions to elect compliant politicians and block anti-smoking legislation.
  • From 1954 to 1994, over 800 private lawsuits were filed against tobacco companies in state courts. But only two plaintiffs prevailed, and both of those decisions were reversed on appeal.

  • In 1994, amidst great pessimism, Mississippi Attorney General Mike Moore filed a lawsuit against the tobacco industry.  But other states soon followed, ultimately growing to 46.
  • Their goal: To seek monetary, equitable and injunctive relief under various consumer-protection and anti-trust laws.
  • The theory underlying these lawsuits was: Cigarettes produced by the tobacco industry created health problems among the population, which badly strained the states’ public healthcare systems.
  • In 1998, the states settled their Medicaid lawsuits against the tobacco industry for recovery of their tobacco-related, health-care costs.  In return, they exempted the companies from private lawsuits for tobacco-related injuries.
  • The companies agreed to curtail or cease certain marketing practices. They also agreed to pay, forever, annual payments to the states to compensate some of the medical costs for patients with smoking-related illnesses.

The parallels with the NRA are obvious:

  • For decades, the NRA has peddled deadly weapons to millions, reaped billions of dollars in profits and refused to admit the carnage those weapons have produced: “Guns don’t kill people.  People kill people.”  With guns.
  • The NRA has steadfastly defended the right to own Teflon-coated “cop killer” bullets,” whose only purpose is to penetrate bullet-resistant vests worn by law enforcement officers.
  • The NRA has bitterly fought background checks on gun-buyers, in effect granting even criminals, terrorists and the mentally ill the right to own arsenals of death-dealing weaponry.
  • The NRA has spent millions on slick advertising campaigns to win new members and frighten them into buying guns.
  • The NRA has spent millions on political contributions to block gun-control legislation.

  • The NRA has spent millions attacking political candidates and elected officials who warned about the dangers of unrestricted access to assault and/or concealed weapons.
  • The NRA has spent millions pushing “Stand Your Ground” laws in more than half the states, which potentially give every citizen a “license to kill.”
  • The NRA receives millions of dollars from online sales of ammunition, high-capacity ammunition magazines, and other accessories through its point-of-sale Round-Up Program–thus directly profiting by selling a product that kills about 30,288 people a year.
  • Firearms made indiscriminately available through NRA lobbying have filled hospitals with casualties, and have thus badly strained the states’ public healthcare systems.

It will take a series of highly expensive and well-publicized lawsuits to significantlyweaken the NRA, financially and politically.

The first ones will have to be brought by the surviving victims of gun violence–and by the friends and families of those who did not survive it.  Only they will have the courage and motivation to take such a risk.

As with the cases first brought against tobacco companies, there will be losses.  And the NRA will rejoice with each one.

But, in time, state Attorneys General will see the clear parallels between lawsuits filed against those who peddle death by cigarette and those who peddle death by armor-piercing bullet.

And then the NRA–-like the tobacco industry–-will face an adversary wealthy enough to stand up for the rights of the gun industry’s own victims.

Only then will those politicians supporting reasonable gun controls dare to stand up for the victims of slaughters that could have been prevented.

SHUT DOWN THE BULLIES

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on September 29, 2015 at 12:17 pm

Fascism is a lie told by bullies.
–Ernest Hemingway

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.

Had he done so, he would have prevented the 2013 shutdown of the Federal Government over Republican demands that he de-fund “Obamacare.”

He would have also pre-empted current Republican demands to shut down the Government over continued funding for Planned Parenthood.

Passed by Congress in 1970, as Title 18, United States Code, Sections 1961-1968, the goal of the RICO Act 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.

SUICIDE BY DEMOGRAPHICS

In Bureaucracy, History, Law Enforcement, Military, Politics, Social commentary on September 28, 2015 at 1:04 pm

Starting in 2016, traveling by air in the United States is going to become more complicated.

In 2005, Congress passed the Real ID Act as a counter-terrorism measure. Its goal was to set security standards for government-issued IDs.

The Act started to be introduced in late 2013. Now in the last phase of its implementation, its enforcers have decided that some states haven’t complied with its requirements.

As a result, driver’s licenses from those states will no longer suffice to pass through airport security.  And that includes domestic flights as well as international ones.

Those states:  New York, New Hampshire, Minnesota, Louisiana and American Samoa.

The reason: Licenses issued by those states don’t contain enough identifying information to pass muster with the Transportation Safety Administration (TSA).

So how are residents of these states supposed to cope?  The Federal Government is advising them to get a passport.

Your old New York driver’s license may make it harder for you to fly in 2016 | syracuse.com

And this, in turn, carries an illogic all its own.  As one soon-to-be affected New York traveler outlined:

“To get a passport I’ll first need to get a certified copy of my birth certifcate.

“And to get a copy of my birth certificate I need only to submit a copy of my driver’s license.  A copy, no face-to-face, is-that-really you?

“So a New York driver’s license isn’t good enough for flying but it is good enough to get a birth certificate, whch gets me a passport, which allows me to fly.”

Got all that?

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Sample state ID card that’s acceptable under the Real ID Act

And while TSA is beefing up security at the back door, the Obama administration is about to cast aside the front door.

On September 10, the administration announced that it will take in at least 10,000 displaced Syrians over the next year.

That is on top of the 2,000 Islamic refugees the United States has already accepted.

According to U.S. Census data, America welcomes about 100,000 Muslim immigrants legally each year. This represents the fastest growing segment of immigrants coming to the United States.

The Pew Research Center estimates there are 2.5 million Islamics in the United States. The Council on American-Islamic Relations (CAIR) puts the figure at seven million.

The Troubling Math of Muslim Migration | National Review Online

And while all this is happening, the FBI is being overwhelmed by the demands of countering Islamic terrorism against the United States.

On July 8, FBI director James Comey testified before Congress about the increasing burdens his agency faces in combating terrorism.

“We are stopping these things [Islamic terror plots] so far through tremendous hard work, the use of sources, the use of online undercovers.

“But it is incredibly difficult.  I cannot see my stopping these indefinitely.”

Consider the math: The FBI has only 35,000 agents and analysts–against seven million potential suspects.

And only a portion of those agents and analysts are charged with investigating terrorism.

How did all of this come to be?

To start at the beginning: On March 15, 2011, protests broke out in Syria, with demonstrators demanding political reforms and the ouster of dictator Bashar al-Assad.

These protests, met with government repression, continued to grow into a wholesale civil war.  Since then, more than 310,000 Syrians people have been killed.

Put another way: More than 310,000 potential or actual Islamic terrorists will never again pose a threat to the United States or Western Europe.

But European nations and the United States have chosen to see this truth as a negative, not a positive.

The United Nations refugee Agency, UNHCR, estimates that 366,402 refugees and migrants have crossed the Mediterranean Sea to Europe this year.

And all it took to make this happen was a photo that’s been seen the world over: A photo of a three-year old Syrian boy named Alan Kurdi, lying dead on a Turkish beach.

A cartoon parody of this picture showed a group of wealthy Arab rulers looking on indifferently at Kurdi’s body.

It also highlighted a Politically Incorrect truth:

While European nations are being swamped by hundreds of thousands of these uninvited “guests,” the Arab world’s wealthiest nations are doing almost nothing for Syria’s refugees.

According to Amnesty International, the “six Gulf countries–Qatar, United Arab Emirates, Saudi Arabia, Kuwait, Oman and Bahrain–have offered zero resettlement places to Syrian refugees.”

These nations are far closer to Syria than are Europe and the United States.  And they contain some of the Arab world’s largest military budgets and its highest standards of living.

Note the contradiction: Democratic, non-Islamic countries are exposing themselves to increasing numbers of potential–if not actual–Islamic terrorists.  Meanwhile, the Arab world is closing its own doors to Syrian refugees

The Arab world’s wealthiest nations are doing next to nothing for Syria’s refugees – The Washington Post

* * * * *

During the 1980s, the United States waged a cold war against Islamic nations.  These acts of anti-American terrorism were seen as simply crimes, and not acts of war.

The September 11, 2001 terror attacks on the Pentagon and World Trade Center changed that.  For the last 14 years, the United States military has actively fought Islamics in Afghanistan, Iraq and Libya. And now Syria.

To be admitting huge numbers of a population with which the United States is now waging all-out war is worse than stupid.  It is a guarantee of national suicide.

I LEFT MY BUM IN SAN FRANCISCO

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on August 28, 2015 at 12:14 am

Yes, welcome to San Francisco–home of cable cars, Ghiradelli Square and the Golden Gate Bridge.

Oh, and thousands of stinking, disease-ridden, lice/bedbug-infested, drug-addicted, alcohol-soaked, often psychotic men and women whom Politically Correct city officials refer to as “the homeless.”

Privately, many of the police, social workers and paramedics who wrestle with this population have another term for them–DDMBs: Druggies, Drunks, Mentals and Bums.

Thanks to its mild climate and social programs that dole out cash payments to virtually anyone with no residency requirement, San Francisco is often considered the homeless capital of the United States.

Although the city spends $200 million a year on “honeless” services, the population surges between 7,000 and 10,000.  Of these, 3,000 to 5,000 refuse shelter.

Yet mere statistics don’t capture the true intensity of the problem.  To do that, you must confront its realities at the street level.

One of those realities can be seen every Sunday, when many stores on Market Street close for lack of workday traffic.  Stroll along the street and you’ll find it crowded with passed-out drunks/druggies, ranting psychotics and aggressive panhandlers.

Another such reality is Suzie Wong, 66, who goes by the name Ling Ling.  A resident of the Nob Hill District, Wong daily gives residents and tourists a sight to remember her by.

She alights from the 27 Bryant bus from the Mission and halts at the nearby bus stop.  Then she drops her drawers to leave a yellow or brown deposit on the sidewalk.

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Finally, she crosses the street, and catches the 1 California bus for Chinatown.

When she doesn’t relieve herself on Nob Hill, she often does so on Stockton Street in Chinatown.  Then she heads to her usual spot to panhandle.

Children and pets often step in her feces.  So do adults, who are preoccupied with their cell phones.  Parents vainly try to shield their kids from the disgusting sight.

Residents have lodged scores of complaints about Wong’s repeated defecations.  The Department of Public Works sent crews to clean up her messes at least 44 times in a six-month period.

Druggies Drunks Mentals Bums

Police have repeatedly scooped up Wong for a 5150 involuntary psychiatric hold at San Francisco General Hospital.  But doctors usually release her before the cops even get back to the station.

Under a 5150 designation, people can be held at the hospital for up to 72 hours to determine:

  • Are they gravely disabled?
  • Are they mentally ill?
  • If they are mentally ill, do they pose a danger to others or themselves?

But authorities have repeatedly determined that Wong doesn’t fit any of these criteria.  The reasons:

  • She has a mental health case worker at a North Beach clinic.
  • She’s arranged housing and food services through the city.
  • She can use public transit.

Chalk up another win for the DDMBs.

San Francisco officials have effectively washed their hands of the problem. If local residents must put up with repeated violations of the most basic sanitation laws, that’s their tough luck.

What matters to the Mayor and Board of Supervisors is this:

The “rights” of those whose filth poses an immediate threat to public health take precedence over those of tax-paying, law-abiding San Franciscans.

San Francisco residents can be fined for feeding pigeons–but not for feeding street bums.

During the Mayorship of Willie Brown (1996 – 2004), Hizzonor proposed what he thought was a brilliannt way for residents to “contribute” to street people. Those who were somehow certified as “homeless” would be issued special electronic “cash cards.”

When someone wanted to make a “donation,” s/he would swipe a credit card against the one owned by the street bum, for whatever amount s/he wanted to donate.

But before the program started, someone at City Hall realized a blunt truth: Residents–especially women–weren’t likely to whip out their credis cards in front of a ranting, foul-smelling, probably disease-ridden street bum.

* * * * *

It’s long past time for San Francisco–and other cities–to stop catering to the druggies, alcoholics, mental cases and bums who prey on the guilt or fear of law-abiding, tax-paying citizens.

The same laws that protect citizens against patients with highly communicable diseases like typhoid and cholera should be vigorously applied to those whose filthy habits threaten similar public contagion.