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THE REAL CULPRIT IN “THE DARK KNIGHT” TRIAL: PART ONE (OF FOUR)

In Business, History, Law, Law Enforcement, Social commentary on April 30, 2015 at 9:01 am

It had happened it before–all too many times before:

  • Midnight vigils for the victims of yet another spree-killer.

  • Makeshift memorials of flowers, candles and teddy bears.
  • Grief counselors for students at elementary, junior high and high schools.
  • And, of course, the inevitable question: “Why?”

And Americans had seen it all before–-too many times before:

  • After the San Ysidro McDonald’s shootings, 1984: 21 dead, 19 wounded.
  • After the 101 California Street shootings in San Francisco, 1993: 9 dead, 6 injured.
  • After the Columbine High School shootings in Colorado, 1999: 15 dead, 21 wounded.
  • After the Virginia Tech shootings, 2007: 32 dead, 23 wounded.
  • After the Tucson shootings, 2011: 6 dead, 13 wounded.

And then, on July 20, 2012, came the massacre at the Century 16 Theater in Aurora, Colorado: 12 dead, 58 wounded.

People who wanted nothing more than to see a movie they were eagerly anticipating: The latest addition to the hugely popular “Batman” franchise: The Dark Knight Rises.

The scene of the crime: The Century 16 Theater in Aurora, Colorado

Snuggled into their seats, some eating popcorn or candy, others sipping sodas. None of them expecting that the violence on the screen would suddenly consume them in real-life.

It was a scene of which nightmares are made:

  • A sudden eruption of smoke and fire as a tear-gas canister explodes.
  • A lone gunman–brandishing a Smith & Wesson AR-15 semi-automatic rifle, a 12-gauge Remington Model 870 shotgun, and a G23 .40 caliber Smith & Wesson Glock pistol.
  • First he blasts the ceiling with a shotgun, and then opens fire on the audience, stopping only to reload his weapon.
  • He begins aiming at the back of the room, and then targets people who are scrambling to escape in the aisles.
  • Some bullets penetrate the wall of the cinema and injure people in an adjoining theater, where the same film is being screened.
  • Adding to the nightmarish quality of the scene: The appearance of the gunman–dressed all in black: a ballistic helment, vestand leggings; a throat protector; a groin protector; a gas mask; and black tactical gloves.

As terrible as the massacre was, it could have been worse.

Police arrived in about 90 seconds and arrested the shooter, James Holmes, in the parking lot of the Century 16 Theater he had just ravaged.

Still, the statistics were terrible enough:

  • Twelve people–several of them heroes who died shielding others with their bodies–would never return to those who loved them.
  • Of the 58 wounded, an unknown number would be physically scarred for life.
  • Some would never fully recover from their injuries.
  • They would not be able to walk. Or see. Or use their arms or hands.
  • Almost all those who were in that theater–-even those who escaped without a scratch-–would be emotionally tormented for months or years to come.
  • Some would never escape those moments of murderous insanity.

It’s possible that Holmes, then 24, an honors graduate of the University of California Riverside, became that most lethal specimen: The genius who slides into madness.

James Holmes

Holmes moved to the University of  Colorado School of Medicine in Aurora in May, 2011, to pursue a PhD in neuroscience.

He had always excelled in his studies, but in early 2012, his grades took a sharp decline. In June, he told the college that he was going to drop out.

Meanwhile, he was amassing an arsenal of weapons and ammunition.

He bought two Glock pistols, a semi-automatic rifle and a shotgun over the last two months from local gun stores and 6,000 rounds of ammunition via the Internet–-all purchased legally under state law.

In early July, 2012, Holmes ordered the paramilitary bulletproof clothing and gas mask that he intended to wear on his rampage.

Finally, he dyed his hair a shocking red-orange and rigged his university apartment with trip-wires and homemade booby-traps. When he was arrested, he told police: “I am the Joker.”

Commentators immediately began asking: Why did Holmes choose to snuff out the lives and dreams of so many people?

But a better question is: “How did he do it?”

It may never be finally known why he did it. But the answer to how makes clear a fundamental truth:

He could not have done it without access to the awesome firepower he was legally able to purchase:

  • The AR-15 semi-automatic rifle is designed for easy reloading. “Even without the grand-sized mag[azine]s, many people who are practiced can reload in 1½ to 2 seconds,” said Steven Howard, a Michigan attorney and security and firearms expert.

  • The AR-15 is a weapon of war.  Its only purpose is to kill large numbers of people–quickly.  Its 100-round drum magazine  allowed Holmes to five 50 to 60 rounds within one minute.
  • The Glock pistol uses a 15-round clip. When it’s done the shooter simply ejects the empty clip and slams in another one, and he’s ready for more killing.

And who has made all of this mayhem not only possible but politically invincible?

Who ultimately bears responsibility not only for those murdered and maimed at an Aurora theater but for the almost 100,000 people who are killed or wounded every year from gun violence?

Your friends at the National Rifle Association.

“AMERICAN TALIBAN” VS. AMERICA

In Bureaucracy, History, Law Enforcement, Politics, Social commentary on April 29, 2015 at 11:37 am

On April 15, CBS News broke a truly sensational and disturbing story:

Agents from the FBI and Department of Homeland Security (DHS) were investigating the online leak of home addresses of senior and former officials of the FBI, DHS and other Federal law enforcement agencies.

Even worse: Rather than Islamic terrorists being the culprits, the suspects are believed to be members of an American Right-wing extremist group.

The message was entitled: DHS-CIA-FBI TRAITORS HOME ADDRESSES.

It read:

“LET THESE EVIL NWO SATANISTS KNOW THAT THERE WILL BE HELL TO PAY FOR THEIR 911 TREASON, AND THEIR FUTURE FEMA CAMP PLANNED PUBLIC CRACKDOWN TREASON ALSO

“JESUS IS LORD, AND THE PUBLIC IS IN CHARGE, NOT THESE SATANIC NWO STOOGES”

“NWO” could be an acronym for “New World Order,” a term used by conspiracy theorists to refer to a totalitarian world government.

In a statement, DHS said:

“The safety of our workforce is always a primary concern. DHS has notified employees who were identified in the posting and encouraged them to be vigilant. DHS will adjust security measures, as appropriate, to protect our employees.”

CBS did not say where the information was posted.  The likely reason for this was to limit the spread of such highly-classified information.

Click here: Right-Wing Group Blamed In Leak Of U.S. Officials’ Home Addresses: Report

The FBI is trying to locate the source of the posting.

Americans shouldn’t be shocked to find that a Right-wing group betrayed the safety of its fellow Americans.

The goals of both the American Right and Islamic terrorist groups such as the Taliban actually share much in common:

  • 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.

A 2010 book, American Taliban: How War, Sex, Sin, and Power Bind Jihadists and the Radical Right, vividly documents the similarities between these two groups.

Its author is Markos Moulitsas, founder of Daily Kos, an American political blog that publishes news and opinions from a liberal viewpoint.

American Taliban opens with this provocative statement:

“Yes, the Republican party, and the entire modern conservative movement is, in fact, very much like the Taliban.

“In their tactics and on the issues, our homegrown American Taliban are almost indistinguishable from the Afghan Taliban.

“The American Taliban–whether in their militaristic zeal, their brute faith in masculinity, their disdain for women’s rights, their outright hatred of gays, their aversion to science and modernity or their staunch anti-intellectualism–share a litany of mores, values, and tactics with Islamic extremists….

“Let’s be honest, the freedoms that jihadists hate are the very same freedoms that our own homegrown repressive ideologues hate: freedom of thought, of inquiry, of lifestyle.”

Its subsequent chapters document the all-consuming rage of the American Right to brutally control the lives of their fellow citizens.

Ironically, Moulitsas’ thesis is–unintentionally–supported by no less an authority than Right-wing author Dinesh D’Souza.

Among the bestsellers D’Souza has written: Ronald Reagan: How an Ordinary Man Became an Extraordinary Leader, and Obama’s America: Unmaking the American Dream.

The title of his 2008 bestseller sums up D’Souza’s take on liberalism: The Enemy At Home: The Cultural Left and Its Responsibility for 9/11.

From the book’s dustjacket:

“Muslims and other traditional people around the world allege that secular American values are being imposed on their societies and that these values undermine religious belief, weaken the traditional family, and corrupt the innocence of children.

“But it is not ‘America’ that is doing this to them, it is the American cultural left. What traditional societies consider repulsive and immoral, the cultural left considers progressive and liberating….

“D’Souza argues that the war on terror is really a war for the hearts and minds of traditional Muslims—and traditional peoples everywhere.  The only way to win the struggle with radical Islam is to convince traditional Muslims that America is on their side.”

* * * * *

On March 19, 1945, facing certain defeat, Adolf Hitler ordered a massive “scorched-earth” campaign throughout Germany.

All German agriculture, industry, ships, communications, roads, food stuffs, mines, bridges, stores and utility plants were to be destroyed.

If implemented, it would deprive the entire German population of even the barest necessities after the war.

Adolf Hitler addressing boy soldiers as the Third Reich crumbles

“If the war is lost,” Hitler told Albert Speer, his former architect and now Minister of Armaments, “the nation will also perish.

“This fate is inevitable. There is no necessity to take into consideration the basis which the people will need to continue even a most primitive existence.

“On the contrary, it will be better to destroy these things ourselves, because this nation will have proved to be the weaker one and the future will belong solely to the stronger eastern nation.

“Besides, those who will remain after the battle are only the inferior ones, for the good ones have all been killed.”

Hitler’s view was: “If I can’t rule Germany, there won’t be a Germany.”

Apparently, some members of the American Right have reached the same decision about the United States. 

PC COMES TO “GENOCIDE”: PART TWO (END)

In Bureaucracy, History, Law Enforcement, Politics, Social commentary on April 28, 2015 at 12:04 am

Everybody, it seems, hates genocide.  But not everybody owns up to it.

FBI Director James Comey recently found this out firsthand.

On April 16, he published an Opinion piece in the Washington Post: “Why I Require FBI Agents to Visit the Holocaust Museum.”

It was the following paragraphs that touched off an international uproar:

“In their minds, the murderers and accomplices of Germany, and Poland, and Hungary, and so many, many other places didn’t do something evil.

“They convinced themselves it was the right thing to do, the thing they had to do. That’s what people do. And that should truly frighten us.”

On April 19–three days after the editorial appeared–Poland’s Foreign Ministry urgently summoned Stephen Mull, the U.S. Ambassador to Warsaw, to “protest and demand an apology.”

The reason: The FBI director had dared to say that Poles were accomplices in the Holocaust!

Poland’s ambassador to the United States said in a statement the remarks were “unacceptable.”

And he added that he had sent a letter to Comey “protesting the falsification of history, especially…accusing Poles of perpetuating crimes which not only they did not commit, but which they themselves were victims of.”

But at least one Polish citizen was not offended by Comey’s editorial.

Jan Grabowski  50, is a graduate of Warsaw University and is currently a history professor at University of Ottawa.  He is also the son of a Holocaust survivor.

Jan Grabowski

He has suffered death threats, is boycotted in the Canadian Polish community where he lives today, and is not always welcome even in his homeland.

But he will not be intimidated from speaking and writing the truth about those in Poland who enthusiastically collaborated with Nazis to slaughter Jews during World War II.

Over the years, he has published several books on this subject.  And his latest one is certain to outrage many of his countrymen.

His new book, Hunt for the Jews: Betrayal and Murder in German-Occupied Poland, was published in October, 2014.

“I tried to understand how only very few of those Jews who decided to hide were able to stay alive until 1945,” said Grabowski in an interview with The Times of Israel.

“The purpose of my research was to discover the condition of the Jews who managed to avoid being sent to death camps and chose to live in hiding. My research brought me to the level of individual cases of people who chose to hide.

It took Grabowski more than three years to research and write his book.  He interviewed Holocaust survivors and local residents, primarily in Poland, Israel and Germany.

“It is more complicated than just blaming the Poles for betraying their Jewish neighbors,” Grabowski.

“On the one hand there were extraordinarily brave Poles who risked their lives to save Jews, and on the other hand there was no great love between Poles and Jews before World War II.

“During the war these relationships became even more hostile. A large segment of the Polish population was displeased with their neighbors’ help to the Jews during the war, and for many it seemed even as an unpatriotic step.

“Therefore, some segments of the Polish population took an active part in the hunt for the Jews, and that is what the new book deals with.”

Click here: Hunt for the Jews: Betrayal and Murder in German-Occupied Poland: Jan Grabowski: 9780253010742: Amazon.com: Books

Ironically, even as many Poles aided the Germans in shipping Jews to extermination camps, the Nazis were turning Poland into a graveyard for non-Jewish Poles.

According to the Jewish Virtual Library:

“Of the 11 million people killed during the Holocaust, six million were Polish citizens. Three million were Polish Jews and another three million were Polish Christians.”

Many Poles still refuse to face up to the ugly truth about the collaboration of so many of their countrymen with the perpetrators of the Holocaust.

It’s a role often played by nations that don’t want to acknowledge their past criminality.

During the Nuremberg war crimes trials, Russian judges representing the Soviet Union successfully lobbied to conceal a vital historical truth.

While they readily charged Nazi Germany with aggressively invading Poland on September 1, 1939, they balked at admitting the role the Soviet Union had played in this.

In late August, 1939, Soviet dictator Joseph Stalin had negotiated a “non-aggression pact” with Adolf Hitler.

But a secret protocol of that agreement dictated that Germany could conquer only the western half of Poland. The eastern half of that country would be occupied by the Red Army.

Similarly, the Katyn massacre remained–until recently–one of the great mysteries of World War II.

The Nazis announced the discovery of mass graves in the Katyn Forest of Poland in 1943.  The number of victims is estimated at about 22,000.

Of these, about 8,000 were officers taken prisoner after the Soviet invasion.  Another 6,000 were police officers, and the rest were members of the intelligentsia.

NKVD secret police

The USSR blamed the Nazis, and denied responsibility for the massacres until 1990.

The executioners belonged to the NKVD, the Soviet secret police (later renamed the KGB).

Its chief, Lavrenty Beria, urged the execution of all captive members of the Polish Officer Corps.  And Stalin had approved.

As long as politicians’ fragile egos are at stake, genocide will continue to be a matter of state policy–and a disowned one.

PC COMES TO “GENOCIDE”: PART ONE (OF TWO)

In Bureaucracy, History, Law Enforcement, Politics, Social commentary on April 27, 2015 at 6:57 am

“Genocide” is defined by the Merriman-Webster Dictionary as “the deliberate killing of people who belong to a particular racial, political, or cultural group.”

And the Oxford Advanced Learner’s Dictionary defines it as “the deliberate killing of a large group of people, especially those of a particular ethnic group or nation.”

While dictionaries have no trouble agreeing on what “genocide” means, nations do.

Consider these two examples:

Example 1:  Turkey

One hundred years ago, in what’s been called the first genocide of modern times, up to 1.5 million Armenians died at Turkish hands in massacres and deportations.

But don’t tell that to the Turks.

Turkey has long insisted that the wartime killings were not genocide.

According to the Turks, those killed–mostly Christian Armenians and Muslim Turks–were victims of civil war and unrest as the Ottoman Empire collapsed during World War I.

“The Armenian claims on the 1915 events, and especially the numbers put forward, are all baseless and groundless,” President Recep Tayyip Erdogan said. “Our ancestors did not persecute.”

Naturally, Armenians see it differently, viewing Turkey’s denial as an affront to their national identity.

“There is a question of political recognition of the genocide, but ultimately, it’s about the Armenian story and history being incorporated into the collective memory of the countries where we live,” said Nicolas Tavitian, director of the Armenian General Benevolent Union.

Armenians protesting Turkish genocide

The United States has long recognized the genocide of the Holocaust–and even opened a U.S. Holocaust Museum in Washington, D.C.  But its position on the Armenian slaughter remains one of–silence.

As a U.S. senator, Barack Obama pledged to use the term “genocide” to describe the mass killings of Armenians. As president, he’s avoided the word.

Why?

Because Turkey remains a member of NATO–and one of America’s few reliable allies in the Islamic world.

Both the Pentagon and State Department have argued that Turkey plays a vital role in fighting the Islamic State group in Syria and Iraq.  And the safety of American diplomats and troops in Turkey would be compromised.

Example 2:  Poland

On April 16, the Washington Post published an Opinion piece by James Comey, director of the FBI, entitled: “Why I Require FBI agents to Visit the Holocaust Museum.”

FBI Director James Comey

Click here: Why I require FBI agents to visit the Holocaust Museum – The Washington Post

Comey wants them to see the horrors that result when those who are entrusted with using the law to protect instead turn it into an instrument of evil.

U.S. Holocaust Memorial Museum

And he wants agents to “see humanity and what we are capable of.”

“Good people helped murder millions.

“And that’s the most frightening lesson of all–that our very humanity made us capable of, even susceptible to, surrendering our individual moral authority to the group, where it can be hijacked by evil.

“Of being so cowed by those in power. Of convincing ourselves of nearly anything.

“In their minds, the murderers and accomplices of Germany, and Poland, and Hungary, and so many, many other places didn’t do something evil.

“They convinced themselves it was the right thing to do, the thing they had to do. That’s what people do. And that should truly frighten us.”

It was these paragraphs that landed Comey in diplomatic hot water.

On April 19–three days after the editorial appeared–Poland’s Foreign Ministry urgently summoned Stephen Mull, the U.S. Ambassador to Warsaw, to “protest and demand an apology.”

The reason: The FBI director had dared to say that Poles were accomplices in the Holocaust!

Poland’s ambassador to the United States said in a statement the remarks were “unacceptable.”

And he added that he had sent a letter to Comey “protesting the falsification of history, especially … accusing Poles of perpetuating crimes which not only they did not commit, but which they themselves were victims of.”

Shortly after Poland’s announcement, Stephen Mull, the U.S. Ambassador in Warsaw,  told reporters he would contact the FBI about the situation.

“Suggestions that Poland, or any other country apart from the Nazi Germany was responsible for the Holocaust are wrong, harmful and offensive,” he said, speaking in Polish.

And he emphasized that Comey’s remarks didn’t reflect the views of the Obama administration.

In fact, Comey’s remarks were dead-on accurate.  And Mull’s were a craven act of Political Correctness.

But at least one Polish citizen was not offended by Comey’s editorial.

Jan Grabowski  50, is a graduate of Warsaw University and is currently a history professor at University of Ottawa.  He is also the son of a Holocaust survivor.

He has suffered death threats, is boycotted in the Canadian Polish community where he lives today, and is not always welcome even in his homeland.

But he will not be intimidated from speaking and writing the truth about those in Poland who enthusiastically collaborated with Nazis to slaughter Jews during World War II.

THE FIRST RULE OF BUREAUCRACIES

In Bureaucracy, History, Law Enforcement, Politics, Social commentary on April 10, 2015 at 1:18 am

After spending years of his life sexually abusing boys entrusted into his care, Jerry Sandusky will likely spend the rest of his life as a prison inmate.

On October 9, 2012, a Pennsylvania judge sentenced the 68-year-old former Penn State assistant football coach  to at least 30 years in prison.  And he may spend as many as 60 years behind bars.

Following his conviction on June 22, 2012, he had faced a maximum of 400 years’ imprisonment for his sexual abuse of 10 boys over a 15-year period.

Jerry Sandusky (middle) in police custody

After the sentencing decision was announced, Penn State University President Rodney Erickson released a statement:

“Our thoughts today, as they have been for the last year, go out to the victims of Jerry Sandusky’s abuse.

“While today’s sentence cannot erase what has happened, hopefully it will provide comfort to those affected by these horrible events and help them continue down the road to recovery.”

No doubt Erickson–and the rest of Penn State–wants to move on from this shameful page in the university’s history.  And the university has desperately tried to sweep the sordid scandal out of sight of the ticket-paying public–and of history:

  • It fired Joe Paterno, the legendary head football coach who had led Penn State to a staggering 112 victories.
  • It ousted Graham Spanier, the university’s longtime president.
  • And it removed the iconic statue of Paterno–long held in worshipful esteem by almost everyone at the football-obsessed institution.

So what remains to be learned from this sordid affair?

A great deal, it turns out.

To begin at the beginning:

In 2002, assistant coach Mike McQueary, then a Penn State graduate assistant, walked in on Sandusky anally raping a 10-year-old boy.  The next day, McQueary reported the incident to head coach Paterno.

“You did what you had to do,” said Paterno.  “It is my job now to figure out what we want to do.”

Paterno’s idea of “what we want to do” consisted of reporting the incident to three other top Penn State officials:

Their idea of “what we want to do” was to close ranks around Sandusky and engage in a diabolical “code of silence.”

As former FBI Director Louis J. Freeh summed up in an internal investigative report compiled at the request of Penn State and released on July 12:

“Four of the most powerful people at the Pennsylvania State University–President Graham B. Spanier, Senior Vice President-Finance and Business Gary C. Schultz, Athletic Director Timothy M. Curley and Head Football Coach Joseph V. Paterno–failed to protect against a child sexual predator harming children for over a decade.

“These men concealed Sandusky’s activities from the board of trustees, the university community and authorities.

Louis Freeh

Louis J. Freeh

“They exhibited a striking lack of empathy for Sandusky’s victims by failing to inquire as to their safety and well-being, especially by not attempting to determine the identity of the child who Sandusky assaulted in the Lasch Building in 2001.

“… In order to avoid the consequences of bad publicity, the most powerful leaders at the University….repeatedly concealed critical facts relating to Sandusky’s child abuse from the authorities, the University’s Board of Trustees, the Penn State community, and the public at large.

“The avoidance of the consequences of bad publicity is the most significant, but not the only, cause for this failure to protect child victims and report to authorities.”

If there is a fundamental truth to be learned from this sordid affair, it is this: The first rule of any and every bureaucracy is: Above all else, the institution must be protected.

And this holds true:

  • At the level of local / state / Federal government;
  • For-profit organizations;
  • Non-profit organizations; or
  • Religious institutions

During the 48-year reign of FBI Director J. Edgar Hoover, agents had their own version of this: Do not embarrass the Bureau.

So Hoover could order agents to bug Mafia hangouts–with the understanding that if they were caught, they would be disavowed as rogue agents, fired from the Bureau, and almost certainly prosecuted for criminal trespass.

J. Edgar Hoover

Thus we have seen countless Catholic priests abusing young boys entrusted to their protection–only to be repeatedly protected by high-ranking authorities within the Catholic Church.

We have seen whistleblowers who report rampant safety violations in nuclear power plants ignored by the very regulatory agencies the public counts on to prevent catastrophic accidents.

Imperfect institutions staffed by imperfect men obsessed with power, money and fame–and fearful of losing one or all of these–can never be expected to act otherwise.

And those who do expect ordinary mortals to behave like extraordinary saints will be forever disappointed.

So how can we at least minimize such outrages in the future?

“Eternal vigilance is the price of freedom,” warned Thomas Jefferson.  And it remains as true today as it did more than 200 years ago.

Add to this the more recent adage: “Sunlight is the best disinfectant.”

The more we know about how our institutions actually work–as opposed to how they want us to believe they work–the more chance we have to control their behavior.  And to check their abuses when they occur.

Which they will.

CREATING FELONS WITH A WORD

In Bureaucracy, Law, Law Enforcement, Politics, Social commentary on March 25, 2015 at 2:54 am

New York State prisons are about to get a lot fuller.

New York State Senator Tony Avella is sponsoring a bill to create a felony charge– “aggravated resisting arrest”–for people who have been convicted of resisting arrest twice in a 10-year period.

Under current law, resisting arrest is a misdemeanor, carrying a maximum penalty of one year in prison.

If the charge became a felony, those convicted could be sentenced from four years of probation to life in prison.

The bill has its origins in a letter the Lieutenants Benevolent Association–a police union–sent to New York Police Department (NYPD) Commissioner Bill Bratton in January requesting a change in the current law.

State Senator Avella’s proposed legislation reads as follows:

“A person is guilty of aggravated resisting arrest when he or she commits the crime of resisting arrest pursuant to Section 205.30 and has previously been convicted of such crimetwo prior times within a ten-year period.

“Aggravated resisting arrest is a class E felony.”

Click here: Bills

And Bratton, in testimony before the New York State Senate in February, supported harsher penalties for those who resist arrest.

“We need to get around this idea that you can resist arrest,” Bratton said to reporters after his appearance. “One of the ways to do that is to give penalties for that.”

This legislation–if enacted–will have both local and national implications.

Police pepper-spraying non-violent protesters

Local–because the NYPD is the largest police department in the country.  Its website states that it now has “approximately 34,500” uniformed officers.

(To put that number into historical perspective: When Alexander the Great set out in 334 B.C. to conquer the Persian empire, his army numbered 30,000.)

National–because the NYPD is one of the most respected police departments in the country.  And other police departments will almost certainly follow suit in urging their state legislatures to pass similar legislation.

So what’s wrong with that?

“Resisting arrest” is one of those terms that can mean whatever a police officer wants it to mean.

If a prosecutor accuses someone of bank robbery, he must present valid evidence–such as witnesses, camera footage and (probably) portions of stolen money in the arrested person’s possession.

But if a cop says someone “resisted arrest,” the “evidence” often consists of only his claim.

“Resisting arrest” can mean anything–including that the person merely asked, “Why am I being arrested?”

WNYC–New York’s highly respected public radio station–reported in 2014 that 40% of resisting arrest cases are brought by five percent of police officers.

If an officer routinely claims that people are resisting arrest, this might signal his being overly aggressive toward civilians.

He might even use the criminal charge to cover up his use of excessive force.

This is especially relevant in light of a series of recent cases–some caught on camera–of police savagely beating arrestees, or using forbidden chokeholds on them.

Consider how such increased penalties could have affected the life of Tyeesha Mobley.

Mobley, 29, caught her nine-year-old son stealing $10 from her purse. She called the called the NYPD.

Can you please send over an officer to explain to my kids that stealing is wrong? she asked.

The police department obliged, sending over four officers to meet Mobley and her two boys at a nearby gas station.

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Tyeesha Mobley

The meeting started off well. “Three officers was joking around with [the nine-year-old who had stolen the $10], telling him, ‘You can’t be stealing; you’ll wind up going in the police car,’” Mobley testified at a court hearing in October, 2014.

But the fourth officer apparently resented the assignment. According to a lawsuit subsequently filed by Mobley, the following happened:

“You black bitches don’t know how to take care of your kids,” said the fourth officer.  “Why are you wasting our time?  Why don’t you take your fucking kid and leave?”

Mobley decided that was a good time to do just that

But before she could do so, the cop told her she was under arrest.

“What for?” she asked. “If you’re going to say another fucking word,” the lawsuit alleges the cop warned her, “I’m going to knock your teeth down your throat.”

He then shoved her up against a car, kicked her legs, and handcuffed her.

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Mobley spent a night in jail.  Her two boys were taken away and placed in foster care for four months–with a family that spoke no English.

Finally, a judge threw out the case against her.

Mobley has since filed a lawsuit against New York City, the NYPD and the Administration for Children’s Services.

It doesn’t take a genius to see how Mobley’s life could have been turned into an even greater hell under the proposed change in “resisting arrest” laws.

CALL A COP, GO TO JAIL

In Bureaucracy, Law, Law Enforcement, Social commentary on March 24, 2015 at 3:21 pm

As the stage line goes: It seemed like a good idea at the time.

A mother finds that her nine-year-old son has stolen money from her purse.  So she decides to have someone who commands respect teach him that stealing is wrong.

So she calls the police–and things go horribly wrong.

Here’s what happened.

Tyeesha Mobley, 29, caught her nine-year-old son stealing $10 from her purse.

So she called the called the New York Police Department (NYPD)

Can you please send over an officer to explain to my kids that stealing is wrong? she asked.

The police department agreed, and sent over not one but four officers to meet Mobley and her two boys at a nearby gas station.

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Tyeesha Mobley

The meeting started off well.

“Three officers was joking around with [the nine-year-old who had stolen the $10], telling him, ‘You can’t be stealing; you’ll wind up going in the police car,’” Mobley testified at a court hearing in October, 2014.

But the fourth officer apparently resented the assignment.

According to a lawsuit subsequently filed by Mobley, the following happened:

“You black bitches don’t know how to take care of your kids,” said the fourth officer.  “Why are you wasting our time?  Why don’t you take your fucking kid and leave?”

Mobley decided that was a good time to leave. But before she could do so, the cop told her she was under arrest.

“What for?” she asked.

“If you’re going to say another fucking word,” the lawsuit alleges the cop warned her, “I’m going to knock your teeth down your throat.”

He then shoved her up against a car, kicked her legs, and handcuffed her.

Mobley’s two sons–ages four and nine–could only watch in horror as their mother was being manhandled.

“Stop, you’re hurting mommy,” they cried, according to the complaint filed in the lawsuit.

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Yet worse was to come.

Mobley spent a night in jail.  Her two boys were taken away and placed in foster care for four months–with a family that spoke no English.

Finally, a judge threw out the case against her.

Mobley has since filed a lawsuit against New York City, the NYPD and the Administration for Children’s Services.

“She was simply trying to make sure her son stayed on the right path,” said her attorney, Philip Sporn.  “This shouldn’t  happen to anyone, let alone to a good mom with her kids.”

The lawsuit highlights a fundamental weakness of the American justice system.

Americans almost universally believe that any wrong can be rectified if enough money is paid out as punishment.

Thus, car makers who knowingly keep dangerous vehicles on the road instead of issuing a recall settle up in civil lawsuits.

As a rule, they refuse to admit wrongdoing–and the amount of money they’re forced to pay out to victims isn’t disclosed.

Nearly always, this means the victim–or his survivors–is forbidden to publicly say why the company paid out a huge settlement, such as: “They admitted they knew the brakes were faulty but they didn’t want to spend the money fixing them.”

And if the victims disclose this admission–or how much money they got from Car Maker X–that money can legally be taken from them.

Never, however, is a CEO criminally prosecuted for ordering his company to conceal wrongdoing or dangerous products.

Thus, corporate predators are allowed to escape the criminality of their actions–and go on to prey on other victims.

The same holds true with lawsuits against the police.

Even if Mobley wins a huge settlement, the officer who victimized her will almost certainly remain on the NYPD.

And he will be able to victimize others who have the bad luck to encounter him.

Handing out big chunks of money is not enough to establish justice for outrageous violations of people’s civil rights.

It’s as if former Reichsmarshall Hermann Goring, charged with war crimes, were allowed to fork over a big sum of money and then comfortably retire to his estate.

Until Americans realize that some crimes demand more than financial payment, this country’s “criminal justice system” will fail to live up to its name.

POLYGRAPH BY COPIER

In History, Law Enforcement, Self-Help on March 20, 2015 at 2:43 pm

Ever heard of “polygraph by copier”? If you haven’t, here’s how it works:

A detective loads three sheets of paper into a Xerox machine.

“Truth” has been typed onto the first sheet.

“Truth” has been typed onto the seond sheet.

“Lie” has been typed onto the third sheet. Then a criminal suspect is led into the room and told to put his hand against the side of the machine. “What is your name?” asks the detective.

The suspect gives it.

The detective hits the copy button, and a page comes out: “Truth.”

“Where do you live?” asks the detective.

The suspect gives an address, the detective again hits the copy button, and a second page appears: “Truth.”

Then comes the bonus question: “Did you or did you not kill Big Jim Tate on the evening of….?”

The suspect answers.

The detective presses the copy button one last time, and the sheet appears: “Lie.”

“Well, well, well, you lying little bastard,” says the detective.

Convinced that the police have found some mysterious way to peer into the darkest recesses of his criminality, the suspect “gives it up” and makes a full confession.

Yes, contrary to what many believe, police can legally use deceit to obtain a confession.

In 1973, the Supreme Court ruled, in United States v. Russell: “Nor will the mere fact of deceit defeat a prosecution, for there are circumstances when the use of deceit is the only practicable law enforcement technique available.”

In that case, the Court narrowly upheld a conviction for methamphetamine production even though the defendant had argued entrapment.

So what types of interrogative deceit might a police officer use to develop admissible evidence of a suspect’s guilt?

The general rule is that deception can be used so long as it’s not likely to cause an innocent person to commit a crime or confess to a crime that s/he didn’t commit.

Click here: The Lawful Use of Deception – Article – POLICE Magazine

Consider the following examples:

  • A detective is interviewing a suspect in a rape case.  “Oh, that girl,” he says, thus implying that the victim was a slut and had it coming.  The suspect, thinking he’s dealing with a sympathetic listener, starts bragging about his latest conquest–only to learn, too late, that his listener isn’t so simpatico after all.
  • “We found your prints on the gun”–or on any number of other surfaces.  Actually, there are few good places on a pistol to leave prints.  And those that are left can be smeared.  The same goes for other surfaces.  But if a suspect can be led to believe the cops have his prints, a confession is often forthcoming.
  • A police officer is interrogating a suspect in a murder case.  “He came at you, didn’t he?” asks the cop.  The suspect, who murdered the victim in cold blood, thinks he has an escape route.  “Yeah, he came at me”–this confirming that, yes, he did kill the deceased.
  • “Your partner just gave you up” is a favorite police strategen when there is more than one suspect involved.  If one suspect can be made to “flip”–turn–against the other, the case is essentially wrapped up.
  • Interrogating a bank robbery suspect, a cop might say: “We know you didn’t do the shooting, that you were only the wheelman.”  This implies that the penalty for driving the getaway car is far less than that for killing someone during a robbery.  In fact, criminal law allows every member of the conspiracy to be charged as a principal.
  • “I don’t give a damn what you did,” says the detective.  “Just tell me why you did it.”  For some suspects, this offers a cathartic release, a chance to justify their guilt.
  • The “good cop/bad cop” routine is known to everyone who has ever seen a police drama.  Yet it continues to yield results so often it continues to be routinely used.  “Look, I believe you,” says the “good” cop, “but my partner’s a real asshole.  Just tell me what happened so we can clear this up and you can go.”
  • “So,” says the detective, “why do you think the police believe you did it?”  “I have no idea,” says the suspect, confident that he isn’t giving up anything that might come back to haunt him.  “Well,” says the cop, “I guess you’ll just have to make something up.”  Make something up sounds easy, but is actually a trap.  The suspect may end up giving away details that could incriminate him–or lying so brazenly that his lies can be used against him.

So is there a best way for a suspect to deal with an invitation to waive his Mirandaright to remain silent?

Yes, there is.

It’s to refuse to say anything and to ask for permission to call a lawyer.

That’s the preferred method for Mafia hitmen–and accused police officers. Any cop who finds himself under investigation by his department’s Internal Affairs unit automatically shuts up–and calls his lawyer.

Any other response–no matter how well-intentioned–may well result in a lengthy prison sentence.

“BLACK [THUG] LIVES MATTER!”

In Bureaucracy, History, Law Enforcement, Social commentary on March 10, 2015 at 2:49 pm

It’s happened again.

Another confrontation between a white police officer and an allegedly unarmed young black man.  Another struggle. Another dead black man, shot by police. And another outcry that police have once again murdered another innocent victim.

Except that the victim’s background proved anything but innocent.

Consider these three incidents:

Incident #1:

On August 9, 2014, Michael Brown, a black teenager in Ferguson, Missouri, is shot and killed during a street confrontation with Darren Wilson, a white police officer.

Almost immediately, Ferguson blacks generally and the Brown family in particular begin referring to Michael Brown as “a child.”

Except that this “child” was 18–legally an adult who could obtain a credit card, enter the armed forces and drive a car.  He also stood 6’3″ and weighed 300 pounds.

Oh, and one more thing: Just before his fatal encounter with Wilson, Brown, Brown was caught on a grocery store video strong-arming a clerk, who had just seen him shoplifting a box of cigars.

Click here: SURVEILLANCE VIDEO: Police say Michael Brown was suspect in Ferguson store robbery – YouTube 

Michael Brown (left) roughing up a store owner

Click here: Lawsuit seeking release of Michael Brown’s juvenile records claims slain teen was a murder suspect – AOL.com

Incident #2:

On March 1, 2015, officers of the Los Angeles Police Department (LAPD) are summoned to downtown Skid Row to break up a fight between two black men.

A security camera outside a homeless shelter shows a man pushing over a neighbor’s tent and the two men duking it out.

When four officers arrive, the suspect–Charley Saturmin Robinet–turns and ducks back into his own tent.  Then he jumps out, striking and kicking before ending up on the ground.  Officers use Tasers, but these appear to have little effect.

As the officers swarm about him, a bystander’s video captures the voice of a rookie officer shouting, “He has my gun! He has my gun!” That’s when the other three officers open fire.

Blacks in Los Angeles and throughout the nation immediately claimed that Robinet–known as “Africa” on the street–was unarmed when he was shot.

But LAPD Chief Charlie Beck stated that an inspection of the video shows Robinet reaching for the pistol in the rookie officer’s waistband.

The officer’s gun was later found partly cocked and jammed with a bullet in the chamber and another in the ejection port, indicating a struggle for the weapon, said Beck.

Then, on March 3, as a black outcry continued to sound throughout the nation, a news bombshell dropped:

In 2000, Robinet had been convicted of robbing a Wells Fargo branch and pistol-whipping an employee.  The reason for the robbery: To pay for acting classes at the Beverly Hills Playhouse.

While in federal prison in Rochester, Minnesota, Robinet was assigned to the mental health unit, where it was determined he suffered from mental illness requiring treatment in a psychiatric hospital. He served about 13 years in prison before being released in May, 2014.

Under the terms of his release, Robinet was required to report to his probation officer at the start of each month.  He failed to do so in November and December, 2014, and in January, 2015. So a federal arrest warrant was issued on January 9.

U.S. marshals were searching for him at the time of his fatal confrontation with the LAPD.

Click here: Man killed by Los Angeles police was wanted by US marshals – AOL.com

Incident #3:

On March 6, 2015, 19-year-old Anthony “Tony” Robinson, black, was shot and killed by a white police officer in Madison, Wisconsin.

The shooting came after police got a call saying that Robinson was jumping in and out of traffic and had assaulted someone. Robinson fled to an apartment, and the officer–Matt Kenny–heard a disturbance and forced his way inside.

According to police, a struggle ensued and Kenny fired after Robinson attacked him.

Only hours after the shooting, Madison Police Chief Mike Koval–who is white–called Robinson’s death “a tragedy” and prayed with Robinson’s grandmother in her driveway.

And then, on March 7, came the news: In 2014, Robinson had pleaded guilty to armed robbery and recently began serving a three-year probation term for that felony conviction.

According to a criminal complaint, Robinson was one of five men who staged a home-invasion robbery in Madison in April, 2014, searching for money and marijuana. Police captured Robinson as he fled the home, and he admitted that he stole a TV and an Xbox 360 from the apartment.

Tony Robinson

He was sentenced to three years’ probation in December.

Reacting to her son’s death, Robinson’s mother, Andrea Irwin, said:  “My son has never been a violent person. And to die in such a violent, violent way, it baffles me.”

Not every police shooting of a black is a replay of Mississippi Burning, the 1964 case where three civil rights workers were murdered by white racist police.

Some police shootings are fueled by anger or prejudice.  Others happen by accident or negligence. So it’s foolish to automatically assume that every police shooting is totally justified.

But it’s equally foolish to assume that every police shooting is totally unjustified. Especially when, in case after case, the “non-violent” victim turns out to have had a history of violence.

TERROR AND TRUTH(LESSNESS): PART TWO (END)

In Bureaucracy, History, Law Enforcement, Military, Politics, Social commentary on March 6, 2015 at 12:09 am

During World War II, British singer Vera Lynn comforted her war-weary fellow citizens with a poignant rendition of “The White Cliffs of Dover.”

Click here: Vera Lynn: The White Cliffs of Dover – YouTube

The appeal of the song lay in its promise that, once Nazi Germany was defeated, peace and normality would return.

And despite being threatened with invasion in 1940 and devastated by massive bombing raids in 1940-41, citizens of Great Britain could take heart in the following:

Nazi Germany had a capitol–Berlin–and a single, all-powerful leader–Adolf Hitler. Once Berlin was occupied and Hitler dead or captured, the war would be over.

And, for all their ferocity, German soldiers were easy to recognize: They wore gray uniforms, spoke German and waved flags emblazoned with swastikas or imperial eagles.

Wehrmacht soldiers marching through conquered France

Today, Western nations under attack by Islamic “holy warriors” face none of those advantages. Islam has no single capitol city–or leader.

The American occupation of Baghdad in 2003 triggered a nationwide insurgency.  And deposing Saddam Hussein unleashed a religious war between Shia and Sunnis throughout Iraq.

Nor do Islam’s jihadist legions wear uniforms.  Many of them don’t speak Arabic or wear clothing associated with Arabs, such as flowing robes and headdresses.

More ominously, millions of Islam’s potential “warriors” live within the very Western nations they despise.  They can get all the instruction and inspiration they need to wreck havoc simply by going to the Internet.  Or, if they have the money, by traveling overseas to such terrorist-recruiting centers as Syria.

And yet, faced with an unprecedented threat to their security, many Western leaders refuse to publicly acknowledge this fundamental truth:

Even if the West isn’t at war with Islam, Islam is at war with the West. Leaders like President Barack Obama, who insisted, at a White House Summit on Countering Violent Extremism in February: “We are not at war with Islam. We are at war with people who have perverted Islam.”

David Cameron

And leaders like British Prime Minister David Cameron, who said on August 29, 2014: “Islam is a religion observed peacefully by over a billion people. Islamist extremism is a poisonous ideology observed by a minority.”

It was at this same press conference that Cameron announced that United Kingdom authorities would soon begin revoking the passports of British citizens traveling to Syria.

Arthur M. Cummings, the FBI’s executive assistant director for national security, has no use for such Politically Correct terms as “man-caused disasters” to refer to terrorism.  Nor does he shy away from terms such as “jihadists” or “Islamists.”

“Of course Islamists dominate the terrorism of today,” he says bluntly.

In May, 2014, Steven Emerson, a nationally recognized expert on terrorism, posted an ad in The New York Times, warning about the dangers of PC-imposed censorship:

“Our nation’s security and its cherished value of free speech has been endangered by the bullying campaigns of radical Islamic groups, masquerading as ‘civil rights’ organizations, to remove any reference to the Islamist motivation behind Islamic terrorist attacks.

“These groups have pressured or otherwise colluded with Hollywood, the news media, museums, book publishers, law enforcement and the Obama Administration in censoring the words ‘Islamist’, ‘Islamic terrorism’, ‘radical Islam’ and ‘jihad’ in discussing or referencing the threat and danger of Islamic terrorism.

“This is the new form of the jihadist threat we face. It’s an attack on one of our most sacred freedoms—free speech—and it endangers our very national security. How can we win the war against radical Islam if we can’t even name the enemy?”

He has a point–and a highly legitimate one.

Imagine the United States fighting World War II–and President Franklin Roosevelt banning the use of “fascist” in referring to Nazi Germany or “imperialist” in describing Imperial Japan.

Imagine CNN-like coverage of the Nazi extermination camps, with their piles of rotting corpses and smoking gas ovens, while a commentator reminds us that “Nazism is an ideology of peace.”

Then consider these Islamic terrorist outrages of our own time:

  • The 9/11 attacks on the World Trade Center in New York City and the Pentagon in Washington, D.C., which snuffied out the lives of 3,000 Americans.
  • The 2004 bombing of Madrid’s commuter train system.
  • The attack on the London subway in 2005.
  • The killing of 13 U.S. Army personnel at Fort Hood, Texas, by a Muslim army major in 2009.
  • The hacking of a British soldier to death on a London street in 2013.
  • The bombing of the Boston Marathon in 2013.
  • The kidnapping of 300 Nigerian schoolgirls by Boko Haram in 2014.

In every one of these attacks, the perpetrators openly announced that their actions had been motivated by their Islamic beliefs.

In his groundbreaking book, The Clash of Civilizations (1996) Samuel Huntington, the late political scientist at Harvard University, noted: “The fundamental problem for the West is not Islamic fundamentalism. It is Islam, a different civilisation whose people are convinced of the superiority of their culture and are obsessed with the inferiority of their power.”

All-in-all, the future looks better for would-be Islamic conquerors than for those in the West awaiting the next Islamic atrocity.