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“BRIDGE OF SPIES” TELLS UGLY TRUTHS ABOUT GOVERNMENT: PART TWO (END)

In Bureaucracy, Entertainment, History, Law, Law Enforcement, Military, Politics, Social commentary on March 21, 2016 at 12:01 am

“Bridge of Spies” vividly recaptures a now-forgotten time in American history.

It was the time of “the Cold War.”  A time when:

  • America was almost universally seen as “The Good Guy,” in contrast to “The Bad Guy” of the Soviet Union;
  • The United States and the Soviet Union held each other at bay with arsenals of nuclear weapons;
  • Wisconsin Senator Joseph R. McCarthy terrorized the nation, accusing anyone who disagreed with him of being a Communist–and leaving ruined lives in his wake;
  • American TVs blared commercials warning that Soviet Premier Nikita Khrushchev had boasted: “We will bury you”; and
  • Children and teenagers were taught in school that they could survive a nuclear attack through “duck and cover” drills. They were instructed to keep their bathtubs filled with water for safe drinking, in the event of a Soviet nuclear strike.

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Bert the Turtle teaches schoolchildren to “Duck and Cover”

Yet even in this poisonous atmosphere of fear and denunciation, some men stood out as heroes–simply by holding fast to their consciences.

One of these was a New York insurance attorney named James B. Donovan (played by Tom Hanks). Asked by the Justice Department to defend arrested Soviet spy Rudolph Abel (Mark Rylance) Donovan did what no one expected.

He gave Abel a truly vigorous defense, arguing that the evidence used to convict him was the legally-tainted product of an invalid search warrant.

Upon Abel’s conviction and sentencing to 45 years’ imprisonment, Donovan again shocked the political and legal communities by appealing the case to the Supreme Court.

Donovan argued that Constitutional protections should apply to everyone–including non-Americans–tried in American courts. To do less made a mockery of the very freedoms we claimed to champion.

He lost by a vote of 5-4. But the arguments he made would resurface 50 years later when al-Qaeda suspects were hauled into American courts.

James B. Donovan

In 1961, Donovan was again called upon to render service by a Federal agency–this time the CIA.  It wanted his help in negotiating the release of its spy, Francis Gary Powers, shot down over the Soviet Union in 1960 while flying a high-altitude U-2 spy plane.

Throughout “Bridge of Spies,” audiences learn some unsettling truths about how the American government–and governments generally– actually operate.

The first three of these were outlined in Part one of this series:

Truth #1: Appearance counts for more than reality.

Truth #2: Individual conscience can wreck the best-laid plans of government.

Truth #3: High-ranking government officials will ask citizens to take risks they themselves refuse to take.

Now for the remaining truths revealed in this movie.

Truth #4: Appeals to fear often prevail when appeals to humanity are ignored.

After crossing into East Germany, Donovan enters into negotiations with Wolfgang Vogel, a lawyer representing the East German government.

Vogel offers to exchange Frederic Pryor, an American economics graduate student seized by the East German secret police, for Abel. Donovan replies this is a deal-breaker; the United States (which is never mentioned during the negotiations) wants Powers, not Pryor.

Nevertheless, Donovan is equally concerned for Pryor, and adds him to the list of hostages to be released in return for Abel.

Then a new complication arises: The East German government that holds Pryor threatens to pull out. claiming to be insulted because Donovan did not inform them that the USSR was a party to the negotiation.

His reasoned, legal arguments having failed, Donovan resorts to a threat. He conveys a warning to the president of East Germany:

Abel has not yet revealed any Soviet secrets. But if this deal fails, he may well do so to earn favors from the United States government. And, in that case, the Soviets will blame you–Erich Honecker, the president of East Germany–for the resulting damage.

Where arguments based on humanity have failed, this one–based on fear–works.  A prisoner-exchange is arranged.

Truth #5: Personal loyalty can supersede bureaucratic inventions.

On February 10, 1962, Donovan, Abel and several CIA agents arrive at the Glienicke Bridge, which connects East and West Germany. The Soviets have Powers, but not Pryor–who is to be released at Checkpoint Charlie, a crossing point between East and West Berlin.

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    Glienicke Bridge, the “Bridge of Spies” 

The CIA agent in charge of the American delegation tells Abel he can cross into East Germany, even though Pryor has not been released.

But Abel has learned that Donovan has negotiated the release of not only Powers but Pryor. Out of loyalty to the man who has vigorously defended him, he waits on his side of the bridge until word arrives that Pryor has been released.

Then Abel crosses into East Germany while Powers crosses into the Western sector.

Donovan returns home. Before flying off to West Germany, he had told his wife he was going on a fishing trip in Scotland.

His wife and children learn the truth about the risks he ran and the success he attained only when a television newscast breaks the news:

Francis Gary Powers has been returned to the United States. And the man responsible is James Donovan, once the most reviled man in America for having defended a notorious Soviet spy.

“BRIDGE OF SPIES” TELLS UGLY TRUTHS ABOUT GOVERNMENT: PART ONE (OF TWO)

In Bureaucracy, Entertainment, History, Law, Law Enforcement, Military, Politics, Social commentary on March 18, 2016 at 12:01 am

Steven Spielberg’s new movie, “Bridge of Spies,” is that rarity among films: An intelligent mixture of history and drama, stripped of gratuitous sex and violence.

It’s also a film that accurately reveals unsettling truths about how government intelligence agencies really operate.

Truth #1: Appearance counts for more than reality.

The movie opens with the FBI’s arrest of KGB spy Rudolph Abel (Mark Rylance). The evidence against him is overwhelming. This–plus the “Red Scare” climate of 1957–will guarantee his conviction.

But the Eisenhower administration doesn’t want the upcoming trial to be seen as a hangman’s court. It must have the appearance of a fair proceeding.

So the Justice Department (through the Brooklyn Bar Association) asks a New York insurance attorney named James B. Donovan (Tom Hanks) to take on Abel’s defense. He’s expected to make a reasonably competent effort but not go all out on behalf of his client.

Truth #2: Individual conscience can wreck the best-laid plans of government.

Donovan has never handled a spy case before. And he has no delusions that Abel isn’t the spy he’s charged with being. But he’s determined to give Abel the same committed defense he would give to any other client.

Rudolph Abel (Mark Rylance) and James Donovan (Tom Hanks) in court

This comes as a shock to the prosecutors, the judge, his law firm and even his family.

A CIA agent approaches Donovan in a nearly deserted restaurant and asks him to reveal any secrets that might help win Abel’s conviction.

Donovan replies: “This conversation isn’t happening.”

“No, of course not,” replies the CIA agent, assuming Donovan is agreeing to keep the overture secret.

“No, I mean this conversation isn’t happening,” angrily says Donovan, who leaves the agent fuming.

Donovan becomes a pariah; his mailbox is stuffed with hate mail and one night a would-be drive-by killer riddles his house with bullets.

Abel is convicted and sentenced to 45 years’ imprisonment. But Donovan–again shocking everyone he knows–pursues an appeal up to the Supreme Court.

He argues that the evidence against Abel is tainted by an invalid search warrant. No American citizen could be convicted under such circumstances. And the Constitutional protections that hold true for Americans should hold equally true for non-Americans charged with crimes in American courts.

Donovan’s arguments will be heard a half-century later, when al-Qaeda suspects are hauled before American courts.

He puts on an impressive case on Abel’s behalf, but loses 5-4 at the Supreme Court.

That seems to be the end of Donovan’s relationship with Abel. But events soon dictate otherwise.

Before the judge could pronounce a death sentence on Abel, Donovan had argued that this might be a mistake. The day might come, he told the judge, when an American spy might fall into Soviet hands.

And then the United States would need to swap Abel to secure the release of its own agent.

The judge, moved by that argument, had given Abel a lengthy prison term instead.  

That day comes sooner than anyone in the Pentagon expects.

On May 1, 1960, Francis Gary Powers, a former Air Force pilot, is flying a high-altitude U-2 plane above the Soviet Union for the CIA. The plane is equipped with state-of-the-art cameras, and Powers intends to photograph military sites and other important complexes.

Suddenly, a surface-to-air missile slams into the plane. Powers ejects before it crashes, but fails to commit suicide with a poison pin concealed in a phony silver dollar. He’s captured by the KGB and brutally interrogated, but maintains his silence.

At about the same time, Frederic Pryor, an American economics graduate student living in West Germany, visits his German girlfriend living in Soviet-dominated East Germany.

The Soviets are starting to build their infamous Berlin Wall, which will stop the flow of refugees from East to West. Pryor tries to bring his girlfriend and her father into West Berlin, but he’s stopped and arrested by agents of Stasi, the East German police, who accuse him of being a spy.

Meanwhile, the Soviet Union wants its spy, Abel, returned, before he can spell its secrets. In turn, the new Kennedy administration wants Powers returned, before he can be made to spill American secrets.

Truth #3: High-ranking government officials will ask citizens to take risks they themselves refuse to take.

In 1961, Donovan is once again sought out by the American government–this time by no less than CIA Director Allen Dulles.

And he’s asked to go where no official American representative can go–East Germany. His new assignment: Negotiate the exchange of Powers for Abel.

The CIA wants its spy back. And it’s willing to send Donovan into East Germany to negotiate his release. But it’s not willing to back him up if he’s arrested by Stasi, the notorious East German secret police.  

The fiction must be maintained that Donovan is acting strictly on his own behalf, not that of the United States.

In such a case, Donovan could spend the rest of his life in a Communist prison cell.

 

RELIGION VS. SECULAR

In Bureaucracy, Business, Entertainment, History, Law, Law Enforcement, Politics, Social commentary on March 15, 2016 at 12:55 am

In 1964, Thomas Becket, archbishop of Canterbury, once again struggled against King Henry II for power over English citizens.

This time, the conflict was fought across thousands of movie screens, with Richard Burton as Becket and Peter O’Toole as Henry, as portrayed in Jean Anouilh’s 1959 play.  

A quick summary:

Becket, a brilliant Saxon noble, is the favorite friend of Henry. They hunt, fight and bed women together. Henry even appoints him as Chancellor, the highest law enforcement officer in the country. 

But there is a storm on the horizon: The power of the Catholic Church is steadily rising, and Henry needs a highly-placed ally against its power. When the Archbishop of Canterbury dies, Henry appoints Becket in his place.  

But suddenly the entirely secular Becket undergoes a religious conversion–and an unexpected change in allegiance. He insists that priests accused of criminal offenses be tried only in the church’s own courts–thus making them immune from Henry’s secular ones.  

As a moviegoer, it’s easy to root for conscience-stricken Becket, as played by the charming Burton. Henry, as played by O’Toole, is a brutish adolescent, alternately fearful and enraged at his own incompetence.

But in rooting for Becket/Burton, the audience can overlook the significance of allowing religious doctrine to trump secular law.  

The consequences of this are now becoming clear in Indiana.

On March 26, 2015, its governor, Mike Pence, signed into law the Religious Freedom Restoration Act. This will allow any individual or corporation to cite its religious beliefs as a defense when sued by a private party.

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Mike Pence

Officially, its intent is to prevent the government from forcing business owners to act in ways contrary to strongly held religious beliefs. Unofficially, its intent is to appease the hatred of gays and lesbians by the religious Right, a key constituency of the Republican party.

In short, a bakery that doesn’t want to make a cake to be used at a gay wedding or a restaurant that doesn’t want to serve lesbian patrons will have the legal right to refuse to do so.  

The same applies for a hospital that doesn’t want to provide care to a gay or lesbian patient. 

The bill was passed overwhelmingly by both chambers of the Republican-controlled state legislature. And signed into law by a Republican governor. 

“Today I signed the Religious Freedom Restoration Act, because I support the freedom of religion for every Hoosier of every faith,” Mike Pence said in a statement on the day he signed the bill.

“The Constitution of the United States and the Indiana Constitution both provide strong recognition of the freedom of religion but today, many people of faith feel their religious liberty is under attack by government action.”

Bill-signing ceremonies are usually highly public events. Governors–and presidents–normally want their constituents to see them creating new legislation.

Yet for all his praise for the bill, Pence signed it in a ceremony closed to the public and the press. The media were asked to leave even the waiting area of the governor’s office.

It’s almost as if Pence sensed that he was about to push open a door into a danger-filled room.  And this may well be the case.

Through that door may soon march the First Church of Cannabis. The day after Pence signed the Act, church founder Bill Levin announced on his Facebook page that he had filed paperwork with the office of the Indiana Secretary of State.

Its registration had been approved–and Levin was ecstatic: “Now we begin to accomplish our goals of Love, Understanding, and Good Health.

“Donate $100 or more and become a GREEN ANGEL. Donate $500 or more and become a GOLD ANGEL. Donate $1000 or more and become a CHURCH POOHBA.”

And Levin had a personal comment for the governor who had made it all possible:

“Dear Mikey Pence…

“DUDE!.. keep crapping all over the state.. and I will plant a seed of LOVE, UNDERSTANDING and COMPASSION in each pile you leave.. and it will grow into a big skunky cannabis tree. Crap away Mikey.. Crap Away…”

No doubt many Indiana legislators are furious that their effort to attack gays may have brought legal marijuana to their highly conservative state. But worse may be to come.

Since 9/11, Right-wingers such as Rush Limbaugh and Sean Hannity have warned that Muslims are trying to impose Sharia (Islamic law) on America. And now Indiana’s legislators, in elevating religion above the law, may have laid the legal foundations for making that possible.

Ironically, this may not be so far removed from the goals of the Republican party as many think. Both the party and adherents of Sharia agree:

  • Women should have fewer rights than men.
  • Abortion should be illegal.
  • There should be no separation between church and state.
  • Religion should be taught in school.
  • Religious doctrine trumps science.
  • Government should be based on religious doctrine.
  • Homosexuality should be outlawed.

What will happen when some Muslims in Indiana claim their right–guaranteed in Islamic religious law–to have as many as four wives?

And when they claim that the Religious Freedom Restoration Act protects that right?

Fasten your seatbelts, it’s going to be a bumpy nightmare.

A LIE TOLD BY BULLIES

In Bureaucracy, History, Law, Law Enforcement, Medical, Politics, Social commentary on March 14, 2016 at 3:41 pm

Ernest Hemingway knew his Fascists. He fought against them in 1930s Spain, where Right-wing general Francisco Franco–aided by Adolf Hitler–ultimately overthrew the Spanish Republic in 1939.  

And he fought against them in France after American forces landed in Normandy. He was one of the first Americans to reach Paris and help “liberate” the bar of the Ritz Hotel.

In the 1950s, he opposed the growing plague of anti-Red hysteria as represented by Wisconsin U.S. Senator Joseph R. McCarthy.  

Addressing a 1937 Writers Congress in a rare public speech, Hemingway said: “There is only one form of government that cannot produce good writers, and that system is fascism. For fascism is a lie told by bullies. A writer who will not lie cannot live and work under fascism.”  

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Ernest Hemingway

It’s thus clear what the Nobel-Prize winning author would think of a Missouri state senator’s efforts at censorship. 

Lindsay Ruhr, a graduate student in the School of Social Work at the University of Missouri, chose to write her doctoral dissertation on the effects of the state’s recently imposed 72-hour waiting period for abortions.  

Lindsay Ruhr

And this has drawn the ire of Missouri State Senator Kurt Schaefer, a Republican from Columbia, Missouri, who chairs the Missouri state senate’s interim Committee on the Sanctity of Life.

In late October, Schaefer sent a letter to the University of Missouri calling Ruhr’s dissertation “a marketing aid for Planned Parenthood — one that is funded, in part or in whole, by taxpayer dollars.”

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Kurt Schaefer 

Schaefer demanded that the university hand over documents regarding the project’s approval and said that, because the University of Missouri is a public university, it should not fund research that he said would promote elective abortions.

Missouri law prohibits the use of public funds to promote non-life-saving abortions. 

In September, 2014, Missouri enacted a 72-hour wait for abortions. Reproductive rights advocates believed this is an effort to deny women access to legal abortion as established by the Supreme Court’s Roe v. Wade decision in 1973.

Other Missouri legal restrictions require women seeking an abortion to undergo an ultrasound scan and receive informational material that aims to persuade them from obtaining an abortion.  

Lindsay Ruhr wants to find out “how this policy [the 72-hour waiting limit] affects women. Whether this policy is having a harmful or beneficial effect, we don’t know.”  

Schaefer claims that Ruhr is biased in favor of abortions because her adviser is affiliated with Planned Parenthood of Kansas. 

“This is a concerning revelation considering the University’s recent troubling connections to Planned Parenthood,” wrote Schaefer in a letter to University of Missouri officials.

Schaefer argued that Ruhr is illegally using public funds to conduct her dissertation research. 

“It is difficult to understand how a research study approved by the University, conducted by a University student, and overseen by the Director of the School of Social Work at the University can be perceived as anything but an expenditure of public funds to aid Planned Parenthood.”

Under Missouri law, it is illegal for public employees and facilities to use state money towards “encouraging or counseling” a woman to have an abortion not necessary to save her life. 

Even though Ruhr is seeking a PhD at the university, she is employed by Planned Parenthood and the university is not paying for her research. 

Abortions in Missouri aren’t the only scientific subject that Republicans have made it forbidden to study.  Among these: 

  • A federal ban on studying gun-related deaths and the results of gun control. This followed aggressive efforts by the National Rifle Association to stop finding data that contradicted its “more guns are better” narrative. It’s prevented crucial research into how best to combat mass shootings and prevent gun accidents in the home.
  • Harassment of climate scientists. Republicans have increasingly sought to cut funding to scientists studying the Earth’s climate because they keep finding more data to suggest the planet is actually warming. If the public demands an end to the use of fossil fuels–which are responsible for the warming–this will threaten Republicans’ ties to–and funding from–the oil and gas industries.
  • The House Science Committee has demanded climate scientists working for the National Oceanic and Atmospheric Administration turn over all emails and documents–personal and professional–they wrote on this subject during the last seven years.

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  • Preventing scientists from studying Right-wing terrorism in the United States. The foremost expert on this subject–Daryl Johnson, a counter-terrorism analyst working at the Department of Homeland Security–was forced out of his job.
  • Johnson had spent six years with the agency amassing a wealth of data on far-Right extremist groups–like the Ku Klux Klan and militia movement–that threaten the safety of American citizens. Republicans’ objection: The facts his research was finding on their constituents made conservatives look bad.

As Harrison E. Salisbury, former New York Times bureau chief in Moscow, observed: “…The message was always the same: Shut up! Don’t rock the boat. Keep those unpleasant truths to yourself. The truth, I was ultimately to learn, is the most dangerous thing.  There are no ends to which men of power will not go to put out its eyes.”

COMING SOON: THE NEXT NRA/REPUBLICAN-APPROVED GUN MASSACRE

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on March 11, 2016 at 12:24 am

“You know the great thing about the state of Iowa is, I’m pretty sure you all define gun control the same way we do in Texas–hitting what you aim at.

“My wife, Heidi, who is a petite, 5’2 California blonde, she was standing at the tripod unloading the full machine gun with a pink baseball cap that said ‘armed and fabulous.’”

Yes, it was United States Senator Rafael Cruz (R-Texas) on the prowl for laughs–and votes–at a town hall meeting in Iowa. Normally, Cruz would do his vote-hunting in Texas.

But now Cruz has a bigger prize on his mind than simply being re-elected a United States Senator. Cruz wants to be President in 2016.

U.S. Senator Rafael Cruz

And Iowa held its precinct causes on February 1-2, 2016.

Cruz’ jokes about gun control came on June 19, 2015, only two days after Dylann Roof, a white high school dropout, gunned down three black men and six black women at Emanuel African Methodist Episcopal Church in Charleston, South Carolina. 

Dylann Roof

Following his remarks, Cruz headed to a shooting range, where he fired off rounds on a semiautomatic .223-caliber Smith and Wesson M&P 15.

Cruz’ remarks no doubt appeared insensitive to the latest victims of gun violence and those who now mourned for them. But the comments of Charles L. Cotton took insulting the dead to a whole new level. 

Cotton is a National Rifle Association (NRA) board member who also runs TexasCHLForum.com, an online discussion forum about guns and gun owners’ rights in Texas and beyond.

In a discussion thread on June 18, 2015–one day after the church slaughter–a board member noted that Clementa C. Pinckney, one of the nine people slain, was a pastor and a state legislator in South Carolina.

Cotton responded: “And he voted against concealed-carry. Eight of his church members who might be alive if he had expressly allowed members to carry handguns in church are dead. Innocent people died because of his position on a political issue.”

#NRA boardmember Charles L. Cotton: #Charleston tragedy could've been avoided if guns allowed in Churches.

That discussion thread has since been deleted.

During a subsequent phone interview, Cotton emphasized that he had been speaking as a private citizen–and not as an NRA board member:

“It was a discussion we were having about so called gun-free zones. It’s my opinion that there should not be any gun-free zones in schools or churches or anywhere else. If we look at mass shootings that occur, most happen in gun-free zones.”

If private citizens were allowed to carry guns everywhere, Cotton says, there will be fewer mass shootings because “if armed citizens are in there, they have a chance to defend themselves and other citizens.”

Cotton’s position–“there should not be any gun-free zones”–is exactly that of the NRA itself.

Under such circumstances, America will become a nation where anyplace, anytime, can be turned into the O.K. Corral.

Another point that Cotton didn’t mention: Dylann Roof did believe in concealed-carry–and it cost the lives of nine innocent men and women.

Finally, there is this: Even highly-trained shooters–such as those assigned to the United States Secret Service–don’t always respond as expected.

On May 15, 1972, Alabama Governor George Wallace was campaigning for President in Laurel, Maryland. He gave a speech behind a bulletproof podium at the Laurel Shopping Center. Then he moved from it to mingle with the crowd.

Since the 1968 assassination of Senator Robert F. Kennedy, all those campaigning for President have been assigned Secret Service bodyguards. And Wallace was surrounded by them as he shook hands with his eager supporters.

Suddenly, Arthur Bremer, a fame-seeking failure in life and romance, pushed his way forward, aimed a .38 revolver at Wallace’s abdomen and opened fire. Before he could be subdued, he hit Wallace four times, leaving him paralyzed for the rest of his life. 

Arthur Bremer shoots George Wallace

Nor was he Bremer’s only victim. Three other people present were wounded unintentionally: 

  • Alabama State Trooper Captain E C Dothard, Wallace’s personal bodyguard, who was shot in the stomach;
  • Dora Thompson, a campaign volunteer, who was shot in the leg; and 
  • Nick Zarvos, a Secret Service agent, who was shot in the neck, severely impairing his speech.

None of Wallace’s bodyguards got off a shot at Bremer–before or after he pulled the trigger.

On October 6, 1981, Egyptian President Anwar Sadat was reviewing a military parade in Cairo when a truck apparently broke down directly across from where he was seated. 

Anwar Sadat, moments before his assassination

Suddenly, soldiers bolted from the rear of the vehicle, throwing hand grenades and firing assault rifles.  They rushed straight at Sadat–who died instantly under a hail of bullets.

Meanwhile, Sadat’s bodyguards–who had been trained by the CIA– panicked and fled.

Sadat had been assassinated by army officers who believed he had betrayed Islam by making peace with Israel in 1977.

The ultimate test of the NRA’s mantra that “there should not be any gun-free zones…anywhere” will come only when one or more heavily-armed gunmen target an NRA convention.

It will then be interesting to see if the surviving NRA members are as quick to blame themselves for being victims as they are the victims of other mass slaughters.

COPS AND DRUGS

In Bureaucracy, History, Law, Law Enforcement, Social commentary on February 26, 2016 at 12:05 am

It’s a movie that appeared in 1981–making it, for those born in 2000, an oldie. 

And it wasn’t a blockbuster, being yanked out of theaters almost as soon as it arrived. 

Yet “Prince of the City” remains that rarity–a movie about big-city police that:

  • Tells a dramatic (and true) story; and
  • Offers serious truths about how police and prosecutors really operate. 

It’s based on the real-life case of NYPD Detective Robert Leuci (“Danny Ciello” in the film). 

Robert Leuci (“Danny Ciello” in “Prince of the City”)

A member of the elite Special Investigating Unit (SIU) Ciello (played by Treat Williams) volunteers to work undercover against rampant corruption among narcotics agents, attorneys and bail bondsmen. 

His motive appears simple: To redeem himself and the NYPD from the corruption he sees everywhere: “These people we take from own us.” 

His only condition: “I will never betray cops who’ve been my partners.” 

And Assistant US Attorney Rick Cappalino assures Ciello: “We’ll never make you do something you can’t live with.” 

As the almost three-hour movie unfolds, Ciello finds–to his growing dismay–that there are a great many things he will have to learn to live with. 

Treat Williams as “Danny Ciello”

Although he doesn’t have a hand in it, he’s appalled to learn that Gino Moscone, a former buddy, is going to be arrested for taking bribes from drug dealers. 

Confronted by a high-ranking agent for the Federal Drug Enforcement Agency, Moscone refuses to “rat out” his buddies. Instead, he puts his service revolver to his head and blows out his brains.  

Ciello is devastated, but the investigation–and film–must go on. 

Along the way, he’s suspected by a corrupt cop and bail bondsman of being a “rat” and threatened with death. 

He’s about to be wasted in a back alley when his cousin–a Mafia member–suddenly intervenes. The Mafioso tells Ciello’s would-be killers: “You’d better be sure he’s a rat, because people like him.”

At which point, the grotesquely fat bail bondsman–who has been demanding Ciello’s execution–pats Danny on the arm and says, “No hard feelings.”

It is director Sidney Lumet’s way of graphically saying: “Sometimes the bad guys can be good guys–and the good guys can be bad guys.”

Prince Of The City folded.jpg

Lumet makes it clear that police don’t always operate with the Godlike perfection of cops in TV and films. It’s precisely because his Federal backup agents lost him that Ciello almost became a casualty.  

In the end, Ciello becomes a victim of the prosecutorial forces he has unleashed.  Although he’s vowed to never testify against his former partners, Ciello finds this is a promise he can’t keep.

Too many of the cops he’s responsible for indicting have implicated him of similar–if not worse–behavior. He’s even suspected of being involved in the theft of 450 pounds of heroin (“the French Connection”) from the police property room.

A sympathetic prosecutor–Mario Vincente in the movie, Rudolph Giuliani in real-life–convinces Ciello that he must finally reveal everything he knows.

Ciello’s had originally claimed to have done “three things” as a corrupt narcotics agent. By the time his true confessions are over, he’s admitted to scores of felonies.

Ciello then tries to convince his longtime SIU partners to do the same. One of them commits suicide.  Another tells Ciello to screw himself:  “I’m not going to shoot myself and I’m not going to rat out my friends.”

To his surprise, Ciello finds himself admiring his corrupt former partner for being willing to stand up to the Federal case-agents and prosecutors demanding his head.

The movie ends with a double dose of irony.

First: Armed with Ciello’s confessions, an attorney whom Ciello had successfully testified against appeals his conviction. But the judge rules Ciello’s admitted misdeeds to be “collateral,” apart from the main evidence in the case, and affirms the conviction.

Second: Ciello is himself placed on trial–of a sort. A large group of assistant U.S. attorneys gathers to debate whether their prize “canary” should be indicted. If he is, his confessions will ensure his conviction.

Some prosecutors argue forcefully that Ciello is a corrupt law enforcement officer who has admitted to more than 40 cases of perjury–among other crimes. How can the government use him to convict others and not address the criminality in his own past?

Other prosecutors argue that Ciello voluntarily risked his life–physically and professionally–to expose rampant police corruption. He deserves a better deal than to be cast aside by those who have made so many cases through his testimony.

Eventually, the U.S. Attorney for the Southern District of New York makes his decision: “The government declines to prosecute Detective Daniel Ciello.”

It is Lumet’s way of showing that the decision to prosecute is not always an easy or objective one.

The movie ends with Ciello now teaching surveillance classes at the NYPD Academy. 

A student asks: “Are you the Detective Ciello?”

“I’m Detective Ciello.”

“I don’t think I have anything to learn from you.”  And he walks out.

Is Danny Ciello–again, Robert Leuci in real-life–a hero, a villain, or some combination of the two? It is with this ambiguity that the film ends–an ambiguity that each viewer must resolve for himself.

REVISING–OR SCRAPPING–OBAMACARE: PART THREE (OF FOUR)

In Bureaucracy, Business, History, Law, Law Enforcement, Medical, Politics on February 8, 2016 at 12:15 am

On July 2, 2013, the Treasury Department announced a major change in the application of the Affordable Care Act (ACA), more popularly known as “Obamacare”:  

“We have heard concerns about the complexity of the requirements and the need for more time to implement them effectively…We have listened to your feedback.  And we are taking action.  

“The Administration is announcing that it will provide an additional year before the ACA mandatory employer and insurer reporting requirements begin.” 

[Boldface in the original document.]  

In short: The administration allowed employers an additional year to refuse providing healthcare to their employees–or to face fines for not doing so.  

And how did Obama’s self-declared enemies react to this effort at compromise?

On July 30, 2013, House Republicans voted to proceed with a lawsuit against the President–for failing to enforce the Affordable Care Act.

“In 2013, the president changed the health care law without a vote of Congress, effectively creating his own law by literally waiving the employer mandate and the penalties for failing to comply with it,” House Speaker John A. Boehner said in a statement.

“That’s not the way our system of government was designed to work. No president should have the power to make laws on his or her own.”

John Boehner

Thus, Boehner intended to sue the President to enforce the law that the House had voted 54 times to repeal, delay or change.

Obama Mistake No. 5: Believing that public and private employers would voluntarily comply with the law.  

The ACA requires employers to provide insurance for part-time employees who work more than 30 hours per week. Yet many government employers claim they can’t afford it–and have thus limited part-time workers’ hours to 29 per week instead.  

Among those states affected:

  • “Our choice was to cut the hours or give [employees] health care, and we could not afford the latter,” Dennis Hanwell, the Republican mayor of Medina, Ohio, said in an interview with The New York Times.  
  • Lawrence County, in western Pennsylvania, reduced the limit for part-time employees to 28 hours a week, from 32.  
  • In Virginia, part-time state employees are generally not allowed to work more than 29 hours a week on average over a 12-month period.  

President Obama and those who crafted the Act may have been surprised at what happened.  But they shouldn’t have been.

Greed-addicted officials will always seek ways to avoid complying with the law–or achieve minimum compliance with it. And what goes for public employers goes for private ones, too.

The Act doesn’t penalize a company for failing to provide health insurance coverage for part-time employees who work fewer than 30 hours.  

The result was predictable. And its consequences are daily becoming more clear:

  • Increasing numbers of employers are moving fulltime workers into part-time positions; 
  • Refusing to provide their employees with medical insurance; and
  • Avoiding fines for non-compliance with the law.

Some employers have openly shown their contempt for President Obama–and the idea that employers have an obligation to those who make their profits a reality.

One of these is John Schnatter, CEO of Papa John’s Pizza, who has been quoted as saying:

  • The prices of his pizzas will go up–by 11 to 14 cents per pizza, or 15 to 20 cents per order; and
  • He will pass along these costs to his customers.  

 John Schnatter

“If Obamacare is in fact not repealed,” he told Politico, “we will find tactics to shallow out any Obamacare costs and core strategies to pass that cost onto consumers in order to protect our shareholders’ best interests.”  

If President Obama were truly a student of Realpolitick, he would have predicted that most businesses would try to avoid compliance with the ACA.  

And the remedy would have been simple: Require all employers to provide insurance coverage for all of their employees, regardless of their fulltime or part-time status.  

This, in turn, would have produced two substantial benefits:

  1. All employees would have been able to obtain medical coverage; and
  2. Employers would have been encouraged to provide fulltime positions rather than part-time ones.  

The reason: Employers would feel: “Since I’m paying for fulltime insurance coverage, I should be getting fulltime work in return.”  

If the President ever considered the merits of this, he decided against pressing for such a requirement.

Obama is one of the most rational and educated men to occupy the White House. So why did he fail to expect the worst in people–especially his self-declared enemies–and arrange to counter it?

Niccolo Machiavelli provides a shrewd insight into the repeated failures of the Obama Presidency.

Niccolo Machiavelli

Writing in The Prince, his classic work on the realities of politics, Machiavelli states:

…He is happy whose mode of procedure accords with the needs of the times, and similarly, he is unfortunate whose mode of procedure is opposed to the times….

If it happens that time and circumstances are favorable to one who acts with caution and prudence he will be successful  But if time and circumstances change he will be ruined, because he does not change the mode of this procedure. 

Put another way: A conciliator will prosper so long as he works with others willing to compromise. But facing uncompromising fanatics, he will be defeated–unless he can exchange conciliation for confrontation. 

REVISING–OR SCRAPPING–OBAMACARE: PART ONE (OF FOUR)

In Bureaucracy, Business, History, Law, Law Enforcement, Medical, Politics, Social commentary on February 4, 2016 at 12:10 am

One of the major differences between Bernie Sanders and Hillary Clinton lies in their views about what should be the future of “Obamacare.”  

Sanders, the longtime independent Senator from Vermont, wants to scrap The Affordable Care Act (ACA) and replace it with a single-payer plan.  

Clinton, the former Secretary of State, wants to make “incremental” changes in the Act.  

The Sanders plan promises greater simplicity and comprehensiveness in providing benefits to those millions of Americans who previously could not obtain medical insurance.  

The Clinton approach promises to keep the best features of “Obamacare” and improve those that need changing.  

But neither Sanders nor Clinton has directly addressed certain unpalatable truths about the ACA.  

These stem not from any intended evil on the part of its chief sponsor, President Barack Obama. Instead, they spring from his idealistic belief that reasonable men could always reach a compromise.  

As a result, much of the Act remains seriously flawed. Here are the six reasons why.  

Barack Obama is easily one of the most highly educated Presidents in United States history. He is a graduate of Columbia University (B.A. in political science in 1983).  

In 1988, he entered Harvard Law School, graduating magna cum laude–“with great honor”–in 1991.  

He was selected as an editor of the Harvard Law Review at the end of his first year, and president of the journal in his second year.

President Barack Obama

He then taught Constitutional law at the University of Chicago Law School for 12 years–as a Lecturer from 1992 to 1996, and as a Senior Lecturer from 1996 to 2004.  

So where did he go wrong? Several ways:

Obama Mistake No. 1: Putting off what people wanted while concentrating on what they didn’t.

Obama started off well when he took office. Americans had high expectations of him. This was partly due to his being the first black to be elected President.

And it was partly due to the disastrous legacies of needless war and financial catastrophe left by his predecessor, George W. Bush.

Obama entered office intending to reform the American healthcare system, to make medical care available to all citizens, and not just the richest.  But that was not what the vast majority of Americans wanted him to concentrate his energies on.  

With the lost of 2.6 million jobs in 2008, Americans wanted Obama to find new ways to create jobs. This was especially true for the 11.1 million unemployed, or those employed only part-time.  

Jonathan Alter, who writes sympathetically about the President in The Center Holds: Obama and His Enemies, candidly states this.  

But Obama chose to spend most of his first year as President pushing the Affordable Care Act (ACA)–which would soon become known as Obamacare–through Congress.  

The results were:

  • Those desperately seeking employment felt the President didn’t care about them.  
  • The reform effort became a lightning rod for Right-wing groups like the Koch-brothers-financed Tea Party.  
  • In 2010, a massive Rightist turnout cost the Democrats the House of Representatives, and threatened Democratic control of the Senate.  

Obama Mistake No. 2: He underestimated the amount of opposition he would face to the ACA.

For all of Obama’s academic brilliance and supposed ruthlessness as a “Chicago politician,” he displayed an incredible naivety in dealing with his political opposition.

Niccolo Machiavelli (1469-1527), the Florentine statesman and father of modern politics, could have warned him of the consequences of this–through the pages of The Prince, his infamous treatise on the realities of politics.

Niccolo Machiavelli

And either Obama skipped those chapters or ignored their timeless advice for political leaders.

He should have started with Chapter Six: “Of New Dominions Which Have Been Acquired By One’s Own Arms and Ability”:

…There is nothing more difficult to carry out, nor more doubtful of success, nor more dangerous to handle than to initiate a new order of things.  

For the reformer has enemies in all those who profit by the old order, and only lukewarm defenders in all those who would profit by the new order, this lukewarmness arising partly from fear of their adversaries, who have the laws in their favor, and partly from the incredulity of mankind, who do not truly believe in anything new until they have had actual experience of it.  

This proved exactly the case with the proposed Affordable Care Act.

Its supporters–even when they comprised a majority of the Congress–have always shown far less fervor than its opponents.  

This was true before the Act became effective on March 23, 2010. And it has remained true since, with House Republicans voting more than 60 times to repeal, delay or revise the law.  

So before President Obama launched his signature effort to reform the American medical system, he should have taken this truism into account.  

Obama Mistake No. 3: Failing to consider–and punish–the venom of his political enemies.  

The ancient Greeks used to say: “A man’s character is his fate.”  It is Obama’s character–and America’s fate–that he is by nature a man of conciliation, not conflict.  

Richard Wolffe chronicled Obama’s winning of the White House in his 2009 book, Renegade: The Making of a President. He noted that Obama was always more comfortable when responding to Republican attacks on his character than he was in making attacks on his enemies.

TURNING CRIMINALS INTO HEROES

In Bureaucracy, History, Law Enforcement, Social commentary on January 27, 2016 at 8:56 am

Dictionary.com defines “hero” as: “A man of distinguished courage or ability, admired for his brave deeds and noble qualities.”

So how did Mario Woods, a known gang member, armed robber and car thief, become an official San Francisco hero?

He did it by

  • Slashing one last victim;
  • Getting shot by the police; and, above all
  • Being black.

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Mario Woods

At 26, Woods–born on July 22, 1989–had a well-documented history of criminality:

  • He was an active member of the notorious Oakdale Mob infesting the predominantly black Bayview-Hunters Point area of San Francisco.
  • His gang-related activities included armed robbery; attempted armed robbery; shooting incidents; being a felon in illegal possession of a firearm; car theft; driving a stolen car; and being involved in an automobile injury accident while fleeing from police.
  • In 2008, he pleaded guilty to possession of a firearm by a felon.
  • In 2009, he was one of six gang members added to the provisions of a 2007 gang injunction against the Oakdale Mob.
  • Under the terms of this injunction, Oakdale Mob members are forbidden to engage in gang-related conduct within a four-block safety zone.
  • Among those prohibited activities: Possessing guns or dangerous weapons; possessing illegal drugs; loitering with intent to sell drugs; intimidating witnesses or victims; using threats to recruit or retain gang members; defacing property with graffiti.
  • In 2012, he was sentenced to seven years in state prison for armed robbery. (He had already spent almost three years in County Jail.)  He was released in 2014.

As for the actions that led to his death–and his near-deification by the San Francisco Board of Supervisors:

On December 2, 2015, San Francisco police officers took a report from a 26-year-old Bayview man who had been slashed in the left shoulder.

He and a female friend had been eating in a car parked in front of an apartment building. They saw a man “walking back and forth on the sidewalk talking,” according to the police report.

The man–wielding a knife–reached into the passenger’s side of the car. The passenger opened the door to push the assailant away.  

When he got out of the car, the man slashed him across the left shoulder. Bleeding heavily, the passenger fled to San Francisco General Hospital.  

Two officers responded to the crime scene. Aided by a witness to the attack, they spotted the attacker and then lost him. Police radioed in a description, and more officers joined in the search.

Minutes later, two officers spotted Mario Woods, who matched the suspect’s description.  He was waiting to board a bus–until he saw the officers get out of their car.

Woods seized a knife from his jeans pocket and said: “You’re not taking me today.”

The two officers drew their pistols and ordered Woods to drop the knife. 

“You better squeeze that motherfucker and kill me,” said Woods.

More officers arrived. Some of them carried weapons that fire nonlethal beanbags filled with lead shot.  

Still refusing to drop the knife, Woods was hit with a beanbag fired from a 12-gauge weapon.

It had no effect.  

Image result for Images of 12-gauge bean bag rounds

12-gauge Beanbag shotgun rounds

Two more rounds struck Woods–but he still refused to drop the knife.

On a video of the incident, a woman can be repeatedly heard yelling to Woods: “Oh, my God, drop it!  Drop it!”

A fourth beanbag from a 40mm gun hit Woods.  Although he crouched on one knee, he still held the knife. Then he quickly regained his balance and stood up.  

Then came a dose of pepper spray–with no apparent effect on him.

A crowd began to gather–and an officer moved toward them to warn: “Back up!”

Suddenly, Woods moved toward the crowd.

The officer stepped into Woods’ path, to keep him from reaching the bystanders.  

As Woods kept advancing, the officer fired his pistol. So did four other officers, riddling Woods with bullets.

Two of the officers were black–as was Woods. But in Uber-liberal San Francisco, police are widely regarded with suspicion, if not outright hostility.

And this is especially true when a black suspect is involved.

Predictably, Black Lives Matter called for a protest and vigil on December 3.  

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And on January 25, San Francisco Mayor Ed Lee requested a federal investigation into Woods’ death.

Lee had previously sought to meet with Woods’ mother, on January 15. But when word of the planned meeting leaked out, Gwen Woods canceled it.

San Francisco Supervisor David Campos introduced a resolution to name July 22–Woods’ birthday–as “Mario Woods Day.”

And on January 26, the Board of Supervisors–whom many San Franciscans sarcastically refer to as “Stupidvisors”–unanimously passed Campos’ resolution.

The effort sparked outrage from the San Francisco Police Officers Association (POA) which represents rank-and-file officers.  

In a letter addressed to the Board of Supervisors, POA President Martin Halloran wrote:

“It will be a hurtful day to [the families of SFPD officers killed in the line of duty] if this city’s elected officials decide to recognize and honor an individual that preyed upon our most vulnerable citizens.”

Woods’ mother, Gwen, was elated by the vote: “Sometimes you have to stand up and look life in the eye. Everyone can’t be bullied.”

She could–and should–have been speaking for the victims of her gangbanger son. 

HOW THE NEXT 9/11 WILL HAPPEN: PART TWO (END)

In Bureaucracy, Business, History, Law Enforcement, Military, Social commentary on January 26, 2016 at 12:06 am

All security systems–including those considered the best–are manned by humans. And humans are and will always be imperfect creatures.

So there will inevitably be times when security agents miss the assassin or terrorist intent on mayhem.  For example:

  • In September, 1975, two women–Lynette “Squeaky” Fromme and Sara Jane Moore–tried to assassinate President Gerald R. Ford on two separate occasions.
  • Fromme was tackled by a Secret Service agent. Moore’s aim was deflected by Oliver Sipple, a Marine and Vietnam veteran, thus saving Ford’s life.

Gerald Ford being hustled from danger by Secret Service agents

Until these incidents, the Secret Service profile of a potential assassin didn’t include a woman.

  • On March 30, 1981, John W. Hinckley, a psychotic obsessed with actress Jodie Foster, gained access to a line of reporters waiting to throw questions at President Ronald Reagan.
  • As Reagan got into his bulletproof Presidential limousine, Hinckley drew a pistol and opened fire. Wounded, Reagan escaped death by inches. 

 

The Reagan assassination attempt

The Secret Service Service had failed to prevent the attack because no one–until that moment–had attacked a President from the section reserved for reporters.

  • On September 11, 2001, Islamic terrorists armed with boxcutters highjacked four American jetliners and turned them into fuel-bombs.
  • Two of the airliners struck the North and South towers of the World Trade Center, destroying both structures.
  • A third hit the Pentagon.
  • The fourth–United Airlines Flight 93–crashed when it was diverted from its intended target (the White House or Congress) by passengers who resolved to fight back.
  • Three thousand Americans died that day–in New York City, Washington, D., and Shanksville, Pennsylvania.  

Until this day of catastrophe, no highjacker had turned a jumbo-jet into a fuel-bomb. Passengers had been advised to cooperate with highjackers, not resist them.

So how will the next 9/11 happen?  In all likelihood, like this:

A terrorist–or, more likely, several terrorists–will sign up for one or more airline “VIP screening” programs.

They will be completely clean–no arrests, no convictions.  They may well be respectable citizens in their communities.

They will probably have amassed enough “frequent flier miles” to ingratiate themselves with the airlines and convince the Transportation Safety Administration (TSA) of their integrity.

Then, one day, they will breeze through their selected airports

  • Without removing their belts and shoes;
  • Without undergoing pat-down searches;
  • Without being required to remove laptops and other electronic devices from their carry-ons;
  • Without exposing their electronic devices to X-ray technology.

Then they will board planes–either as part of an individual terrorist effort or a coordinated one, a la 9/11.

And then it will be too late.

Memorial to the passengers and crew of United Flight 93

The TSA/airlines’ VIP programs are based on the assumption that someone who has completed a security check in the past need not be re-checked in the future.

This assumption has proven false for American Intelligence agencies such as the FBI and CIA.

  • FBI agent Robert Hanssen spied for Soviet and Russian Intelligence services for 22 years (1979-2001). He’s now serving a life sentence in Florence, Colorado.
  • CIA agent Aldrich Ames betrayed American secrets–including those Russians who had shared them–to Soviet and Russian espionage agencies from 1985 to 1994. He is likewise serving a life sentence.

Even requiring an agent to undergo repeated security checks is no guarantee of trustworthiness.

When asked about how he repeatedly passed CIA polygraph tests, Ames said:

“There’s no special magic. Confidence is what does it. Confidence and a friendly relationship with the examiner. Rapport, where you smile and make him think that you like him.”

Thus, as William Shakespeare warned in Hamlet, “one may smile and smile and be a villain”–or a highjacker.

The TSA introduced its Pre-Check program during the fall of 2011. By May, 2012, more than 820,000 travlers had received “expedited security” since the start of the program.

In early September, 2013, TSA announced that it would more than double its “expedited screening” program, Pre-Check, from 40 to 100 airports by the end of the year.

Nor is TSA the only organization giving big-spending fliers special treatment at potential risk to their country.  For example:

  • Delta Air Lines offers Sky Priority, described as providing “privileged access through security checkpoints” at select airports.
  • Another private security program, Clear, collects several pieces of biometric data on well-heeled passengers.  Once verified by a kiosk local to the security checkpoint, the passengers are allowed to skirt the security barriers that poor and middle-class folks must pass through.
  • Priority Access, set up by TSA and the airlines, provides “expedited service” to first-class and business passengers. To qualify, you need only possess certain credit cards–such as the United Mileage Plus Club Card.

Some critics blast this two-tier passenger check-in system as an affront to democratic principles.

“It’s stratifying consumers by class and wealth, because the people who travel a lot usually have higher incomes,” said Ralph Nader, consumer advocate and frequent business traveler.

But there is an even more important reason to immediately disband these programs and require everyone–rich and middle-class alike–to undergo the same level of security screening:

The 3,000 men and women who died horrifically on September 11, 2001, at the hands of airline passengers whom authorities thought could be trusted to board a plane.

Tribute to the vanished World Trade Center