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Archive for the ‘Law Enforcement’ Category

WHY SO MANY PEOPLE DISTRUST GOVERNMENT

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on February 13, 2014 at 3:51 pm

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

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

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

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

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

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

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

But in March 2005, the situation suddenly changed.

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

She was told that her student visa had been revoked, and that she would longer be let into the United States.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

She would not learn the answer for another eight years.

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

FBI Headquarters in Washington, D.C.

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

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

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

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

What is not understandable or tolerable is this:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

WHO’S THE VICTIM?

In History, Law, Law Enforcement, Social commentary on February 4, 2014 at 11:35 am

Joy Stewart, 22, was nearly eight months pregnant when she encountered Dennis McGuire in Preble County, Ohio, while visiting a friend.

McGuire wanted to have sex with her but Stewart refused.

Dennis McGuire

So he raped her.

No, not vaginally.  She was so pregnant he couldn’t have sex with her.

So he anally sodamized her.  With a knife.

Not surprisingly, Stewart became hysterical.  And this made him fear that he would go to jail for raping a pregnant woman.

So he choked her.  Then he stabbed her with the same knife he had used to anally rape her.

Finally, he severed her carotid artery and jugular vein. He wiped blood off his hands on her right arm and dumped her in a wooded area where she was found the next day by hikers.

Joy Stewart

The date was February 11, 1989.

When questioned by police, McGuire blamed Stewart’s kidnapping and murder on his brother-in-law.  But the accusation didn’t hold up–and DNA evidence clearly implicated McGuire.

McGuire was convicted of kidnapping, anal rape and aggravated murder on December 8, 1994.  But even while facing a grim future, McGuire managed to postpone his fate as victim could not.

First, his attorneys appealed his conviction to the Ohio Supreme Court on June 10, 1997.  To the dismay of him and his mouthpieces, the court upheld the verdict on December 10, 1997.

By this time, McGuire had already outlived his ravished victim by eight years.

Second, his attorneys appealed to the United States Court of Appeals, for the Sixth Circuit.  During this appeal, as in the first, McGuire’s attorneys didn’t argue their client was innocent.

They simply claimed that a jury never got to hear the full details of his chaotic and abusive childhood.

As if that had been so much more horrific than the details of Joy Stewart’s rape and murder.

The case was argued on December 16, 2013, and decided on December 30.  The court upheld the death penalty verdict.

By that time, McGuire had outlived Joy Stewart by 24 years.

But McGuire’s lawyers weren’t through.

Third, they asked Ohio Governor John Kasich to spare McGuire, again citing his chaotic and abusive childhood.

Kasich rejected that request without comment.

Fourth, on January 6-7, 2014, McGuire’s lawyers argued in Federal appeals court that Ohio’s untried two-drug execution method would cause their client “agony and terror” as he struggled to breathe.

Supplies of Ohio’s former execution drug, pentobarbital, had dried up as its manufacturer put it off limits for executions.

Ohio’s Department of Rehabilitation and Correction planned to use a dose of midazolam, a sedative, combined with hydromorphone, a painkiller, to put McGuire to death.

That appeal proved unsuccessful.

Finally, on January 16, 2014, McGuire kept his long-delayed date with the executioner in a small, windowless room at the Lucasville Correctional facility.

Strapped to a gurney, McGuire gasped, snorted and snored as it took him 26 minutes to die.

“I’m going to heaven,” were his last words.

His surviving family members, of course, feel that a travesty of justice has occurred.

On January 25, they filed a lawsuit in Federal court, claiming that McGuire’s execution was “unconstitutional.”

According to the lawsuit, McGuire suffered  “repeated cycles of snorting, gurgling and arching his back, appearing to writhe in pain.  It looked and sounded as though he was suffocating.”

The McGuire family wants to ensure that such an execution never happens again.

During the execution, his adult children sobbed in dismay.

For him.  Not his ravaged and innocent victim.

The old saying, “Justice delayed is justice denied” remains as true–and relevant–as ever.

In order to be effective, punishment must be certain and swift.  To repeatedly postpone it–literally for decades after the perpetrator has been convicted–is to inflict further agony on the victim.

Or, in this case, the surviving family and friends of the murdered victim.

And it sends an unmistakable message to those thinking of victimizing others: “Hey, he got to live another 25 years.  Maybe I can beat the rap.”

Opponents of capital punishment have long argued that the death penalty is not a deterrant to crime.

In fact, it is.

Having finally had sentence carried out on him, Dennis McGuire will never again threaten the life of anyone.

Prisons scheduled for executions are now facing a chronic shortage of the drugs used to carry out such sentence.  The reason: Many drug-makers refuse to make them available for executions.

This has caused some states to reconsider using execution methods that were scrapped in favor of lethal injection.

Methods like

  • hanging
  • the gas chamber
  • the electric chair
  • even the firing squad.

In line with this debate should be another: Whether the lives of cold-blooded murderers are truly worth more than those of their innocent victims.

And whether those victims–and those who loved them–deserve a better break than they now receive under our legal system.

ILLEGALS CAN NOW BE LAWYERS IN CALIFORNIA

In History, Law, Law Enforcement, Politics, Social commentary, Uncategorized on January 2, 2014 at 4:32 pm

The California Supreme Court has granted a law license to a man illegally living in the United States.

The January 2 decision allows Sergio Garcia to begin practicing law even though his mere presence is a blatant violation of American immigration laws.

Garcia arrived in the U.S. illegally in 1994 to pick almonds with his father and worked at a grocery store and in the fields while attending school.

He graduated from Cal Northern School of Law in 2009 and passed the bar exam.

Garcia is not a citizen, nor even a legal resident.

But that didn’t stop him from challenging a 1996 Federal law that forbids state agencies to extend public benefits–including professional licenses–to those who are illegally in the country.

The headline for this story in the liberal Huffington Post read: “California Supreme Court Grants Law License to Undocumented Immigrant Sergio Garcia.”

The headline could just have accurately read: “California Supreme Court Allows Illegal Alien to Legally Practice Law.”

But “illegal alien” is–for all its accuracy–Politically Incorrect.  Instead, those who defend the wanton violating of American immigration laws prefer the term “undocumented immigrant.”

As though at one time these lawbreakers had valid citizenship documents but somehow lost them during their swim across the Rio Grande.

Of course, Mexican politicians are quick to accuse Americans of racism if they dare to enforce their own immigration laws.

Consider the lecture that Mexican President Felipe Calderon gave a joint session of Congress on May 20, 2010.

Calderon attacked the Arizona law that allows law enforcement officials to detain anyone suspected of being in the country illegally.

Felipe Calderon

According to Calderon, the law “introduces a terrible idea: using racial profiling as a basis for law enforcement.”

In his lecture, Calderon condemned the United States for doing what Mexico itself has long done: Strictly enforcing control of its borders.

The hypocrisy of Calderon’s words is staggering.

From a purely political viewpoint, it’s makes sense that Calderon didn’t say anything about this. From a viewpoint of fairness and common sense, his refusal to do so smacks of the vilest hypocrisy.

Mexico has a single, streamlined law that ensures that foreign visitors and immigrants are:

  • in the country legally;
  • have the means to sustain themselves economically;
  • not destined to be burdens on society;
  • of economic and social benefit to society;
  • of good character and have no criminal records; and
  • contribute to the general well-being of the nation.

The law also ensures that:

  • immigration authorities have a record of each foreign visitor;
  • foreign visitors do not violate their visa status;
  • foreign visitors are banned from interfering in the country’s internal politics;
  • foreign visitors who enter under ralse pretenses are imprisoned or deported;
  • foreign visitors violating the terms of their entry are imprisoned are deported;
  • those who aid in illegal immigration will be sent to prison.

Calderon also ignored a second well-understood but equally unacknowledged truth: Mexico uses its American border to rid itself of those who might otherwise demand major reforms in the country’s political and economic institutions.

The Mexican Government still remembers the bloody upheaval known as the Mexican Revolution. This lasted ten years (1910-1920) and wiped out an estimated one to two million men, women and children.

Massacres were common on all sides, with men shot by the hundreds in bullrings or hung by the dozen on trees.

A Mexican Revolution firing squad

All of the major leaders of the Revolution–Francisco Madero, Emiliano Zapata, Venustiano Carranza, Francisco “Pancho” Villa, Alvaro Obregon–died in a hail of bullets.

Francisco “Pancho” Villa

Emiliano Zapata

As a result, every successive Mexican Government has lived in the shadow of another such wholesale bloodletting. These officials have thus quietly decided to turn the United States border into a safety valve.

If potential revolutionaries leave Mexico to find a better life in the United States, the Government doesn’t have to fear the rise of another “Pancho” Villa.

If somehow the United States managed to seal its southern border, all those teeming millions of “undocumented workers” who just happened to lack any documents would have to stay in “Mexico lindo.”

They would be forced to live with the rampant corruption and poverty that have forever characterized this failed nation-state. Or they would have to demand substantial reforms.

There is no guarantee that such demands would not lead to a second–and equally bloody–Mexican revolution.

So Felipe Calderon and his successors in power find it easier–and safer–to turn the United States into a dumping ground for the Mexican citizens that the Mexican Government itself doesn’t want.

JFK’S LEGACY 50 YEARS LATER: PART TEN (END)

In Bureaucracy, History, Law, Law Enforcement, Military, Politics, Social commentary on November 22, 2013 at 12:30 am

Fifty years ago this November 22, two bullets slammed into the neck and head of President John Fitzgerald Kennedy. It has been said that he left his country with three great legacies:

  • The Nuclear Test Ban Treaty;
  • The Apollo moon landing; and
  • The Vietnam war.

Of these, the following can be said with certainty:

  • The Test Ban Treaty has prevented atmosphereic testing–and poisoning–by almost all the world’s nuclear powers.
  • After reaching the moon–in 1969–Americans quickly lost interest in space and have today largely abandoned plans for manned exploration.
  • Under Presidents Lyndon Johnson and Richard Nixon, 58,000 Americans died in Vietnam; 153,303 were wounded; and billions of dollars were squandered in a hopeless effort to intervene in what was essentially a Vietnamese civil war.  From 1965 to 1972, the war angrily divided Americas as had no event since the Civil War.

But there was a fourth legacy–and perhaps the most important of all: The belief that mankind could overcome its greatest challenges through rationality and perseverance.

 White House painting of JFK

At American University on June 10, 1963, Kennedy called upon his fellow Americans to re-examine the events and attitudes that had led to the Cold War. And he declared that the search for peace was by no means absurd:

“Our problems are man-made; therefore, they can be solved by man.  And man can be as big as he wants. No problem of human destiny is beyond human beings.

“Man’s reason and spirit have often solved the seemingly unsolvable, and we believe they can do it again.”

Today, politicians from both parties cannot agree on solutions to even the most vital national problems.

On November 21, 2011,  the 12 members of the “Super-Committee” of Congress, tasked with finding $1.2 trillion in cuts in government spending, threw up their hands in defeat.

President Kennedy speed-read several newspapers every morning. He nourished personal relationships with the press-–and not for entirely altruistic reasons.  These journalistic relationships gave Kennedy additional sources of information and perspectives on national and international issues.

In 2012, Republican Presidential candidates celebrated their ignorance of both.

Former Godfather’s Pizza CEO Herman Cain famously said, “We need a leader, not a reader.”  Thus he excused his ignorance of the reasons for President Barack Obama’s intervention in Libya.

Texas Governor Rick Perry showed similar pride in not knowing there are nine judges on the United States Supreme Court:

“Well, obviously, I know there are nine Supreme Court judges. I don’t know how eight came out my mouth. But the, uh, the fact is, I can tell you–I don’t have memorized all of those Supreme Ccourt judges. And, uh, ah–

“Here’s what I do know. That when I put an individual on the Supreme Court, just like I done in Texas, ah, we got nine Supreme Court justices in Texas, ah, they will be strict constructionists….”

In short, it’s the media’s fault if they ask you a question and your answer reveals your own ignorance, stupidity or criminality.

During the height of the Cuban Missile Crisis, Kennedy spoke with aides about a book he had just finished: Barbara Tuchman’s The Guns of August, on the events leading to World War 1.

He said that the book’s most important revelation was how European leaders had blindly rushed into war, without thought to the possible consequences. Kennedy told his aides he did not intend to make the same mistake-–that, having read his history, he was determined to learn from it.

Contrast that with today’s woeful historical ignorance among Republican Presidential candidates-–and those who aspire to be.

Consider Sarah Palin’s rewriting of history via “The Midnight Ride of Paul Revere”: “He warned the British that they weren’t going to be taking away our arms by ringing those bells and, um, making sure as he’s riding his horse through town to send those warning shots and bells that, uh, we were going to be secure and we were going to be free.”

In fact, Revere wasn’t warning the British about anything.  Instead, he was warning his fellow Americans about an impending British attack–as his celebrated catchphrase “The British are coming!” made clear.

Republicans have attacked President Obama for his Harvard education and articulate use of language. Among their taunts: “Hitler also gave good speeches.”

And they resent his having earned most of his income as a writer of two books: Dreams From My Father and The Audacity of Hope.  As if being a writer is somehow subversive.

When knowledge and literacy are attacked as “highfalutin’” arrogance, and ignorance and incoherence are embraced as sincerity, national decline lies just around the corner.

In retrospect, the funeral for President Kennedy marked the death of more than a rational and optimistic human being.

It marked the death of Americans’ pride in choosing reasoning and educated citizens for their leaders.

The Eternal Flame at the grave of President John F. Kennedy

JFK’S LEGACY 50 YEARS LATER: PART NINE (OF TEN)

In Bureaucracy, History, Law, Law Enforcement, Military, Politics, Social commentary on November 21, 2013 at 12:16 am

Elected to the House of Representatives in 1946, John F. Kennedy served six undistinguished years before being elected U.S. Senator from Massachussetts in 1952.

In 1956, his eloquence and political skill almost won him the Vice Presidential nomination at the Democratic National Convention.  But the nominee, Adlai Stevenson, chose Tennessee Senator Estes Kefauver as his running mate.

Fortunately for Kennedy.

President Dwight D. Eisenhower, running for re-election, easily beat Stevenson.

Had Kennedy been on the ticket, his Catholic religion would have been blamed for the loss–and almost certainly prevented him from getting the Presidential nomination in 1960.

In 1957, his book, Profiles in Courage won the Pulitzer Prize for history.

From 1957 to 1960, Kennedy laid plans for a successful Presidential race.  Many voters thought him too young and inexperienced for such high office.

But he used his TV debates with then-Vice President Richard Nixon to calm such fears, transforming himself overnight into a serious contender.

Many Americans identified with Kennedy as they had with film stars.  In contrast with normally drab politicians, he seemed exciting and glamorous.

Since 1960, for millions of Americans, mere competence in a President isn’t enough; he should be charming and movie-star handsome as well.

John F. Kennedy after taking a swim at Santa Monica Beach, 1960

But charismatic politicians face the danger of waning enthusiasm.

Many people were growing disillusioned with Kennedy before he died.  He had raised hopes that couldn’t be met–especially among blacks.

And many whites bitterly opposed his support of integration, believing that Kennedy was “moving too fast” in changing race relations.

Still, for millions of Americans, Kennedy represented a time of change.

“Let’s get this country moving again” had been his campaign slogan in 1960.  He had demanded an end to the non-existent “missile gap” between the United States and Soviet Union.

And he had said that America should create full employment and re-evaluate its policies toward Africa, Latin America and Asia.

His youth, the grace and beauty of his wife and the oft-reported antics of his two young children–Caroline and John–added to the atmosphere that change was on the way.

But Kennedy was not so committed to change as many believed.

  • As a Senator he had strongly opposed abolishing the Electoral College.
  • He had made no outcry against the Red-baiting tactics of Senator Joseph R. McCarthy, a frequent dinner guest at the home of his father.
  • As President, Kennedy never forgot that he had been elected by a margin of 112,881 votes.  He often rationalized his refusal to tackle controversial issues by saying: “We’ll do it after I’m re-elected.  So we’d better make damn sure I am re-elected.”
  • He thought it absurd for the United States to refuse to recognize “Red”China, but didn’t try to change American foreign policy in that area.

Nevertheless, many historians believe that. by vocally supporting civil rights and healthcare for the elderly, Kennedy laid the groundwork for Lyndon Johnson’s legislative victories.

Perhaps no aspect of Kennedy’s Presidency has received closer study than his assassination.

Hundreds of books and thousands of articles have hotly debated whether he was murdered by a lone “nut” or a deadly conspiracy of powerful men.

JFK’s assassination: The moment of impact

The murder has been the subject of two government investigations.  The first, by the Warren Commission in 1964, concluded that an embittered ex-Marine and Marxist, Lee Harvey Oswald, acted alone in killing Kennedy.

Similarly, the Commission determined that nightclub owner Jack Ruby had killed Oswald on impulse, and not as the result of a conspiracy.

Millions of disbelieving Americans rejected the Warren Report–and named their own villains:

  • The KGB;
  • The Mob;
  • Anti-Castro Cubans;
  • Vice President Lyndon B. Johnson;
  • Right-wing businessmen and/or military leaders;
  • Fidel Castro.

Each of these groups or persons had reason to hate Kennedy:

  • The KGB–for Kennedy’s humiliation of the Soviet Union during the Cuban Missile Crisis.
  • The Mob–in retaliation for the administration’s crackdown on organized crime.
  • Anti-Castro Cubans–for JFK’s refusal to commit American military forces to overthrowing Castro at the Bay of Pigs invasion.
  • Lyndon Johnson–lusting for power, he stood to gain the most from Kennedy’s elimination.
  • Right-wing businessmen and/or military leaders–for believing that Kennedy had “sold out” the country to the Soviet Union.
  • Fidel Castro–knowing the CIA was trying to assassinate or overthrow him, he had reason to respond in kind.

The second investigation, conducted in 1977-79 by the House Assassinstions Committee, determined that Oswald and a second, unknown sniper had fired at Kennedy.  (Oswald was deemed the assassin; the other man’s shot had missed.)

The Chief Counsel for the Committee, G. Robert Blakey, believed New Orleans Mafia boss Carlos Marcello organized the assassination, owing to his hatred of Robert Kennedy for his war on the crime syndicates.

Still, 50 years after JFK’s assassination, no court-admissible evidence has come forward to convict anyone other than Oswald for the murder.

The impact of Kennedy’s death on popular culture remains great.  Millions saw him as an American sccess story–a brilliant and courageous hero who had worked his way to the top.

But his sudden and violent end proved a shock for those who believed there was always a happy ending.

If so gifted–and protected–a man as John F. Kennedy could be so suddenly and brutally destroyed, no one else could depend on a secure future.

JFK’S LEGACY 50 YEARS LATER: PART EIGHT (OF TEN)

In Bureaucracy, History, Law, Law Enforcement, Military, Politics, Social commentary on November 20, 2013 at 12:05 am

Throughout his life, John F. Kennedy was lucky–both personally and politically.

Part of the secret lay in his physical presence.  He was young and handsome, witty and articulate.

He appeared zestful and athletic despite a series of ailments, including Addison’s disease (a malfunction of the adrenal glands) and an injured back that required the use of a brace.

His wit was sophisticated and often self-depcrecating.  Addressing an assembly of Nobel Prize winners at the White House, he said: “I think this is the most extraordinary collection of talent, of human knowledge, that has ever been gathered at the White House–with the possible exception of when Thomas Jefferson dined alone.”

JFK making a joke at a press conference

And his sense of humor often defused otherwise ticklish problems.  During the 1960 Presidential race, he was sharply criticized for relying on his millionaire father for much of his funding.  At a campaign rally, he deflected the charge with humor:

“I just received a telegram from my generous Daddy.  It says: ‘Dear Jack: Don’t buy one more vote than necessary.  I’ll be damned if I’m going to pay for a landslide.’”

Another controversey emerged when he named his brother, Robert, Attorney General.  Critics charged that the appointment smacked of neoptism–and that Robert didn’t have enough legal gravitas to be the nation’s chief law enforcement offer.

“I see nothing wrong in giving Robert a little experience before he goes out to practice law,” he said at a press conference.

His highly-polished rhetoric–produced by wordsmiths such as Theodore Sorensen–dazzled audiences.  His Inaugural Address was acclaimed by Democrats and even most Republicans.

Its signature line, “Ask not what your country can do for you, ask what you can do for your country” has become as famous as Abraham Lincoln’s “government of the people, by the people, for the people.”

His speeches often urged Americans to seek a higher cause than mere self-interest.  Speaking of the role of the arts in a nation’s life, he said:

“It may be different elsewhere, but [in] democratic society…the highest duty of the writer, the composer, the artist is to remain true to himself and to let the chips fall where they may.”

Memorial at the Arlington gravesite for John F. Kennedy

But he could be blunt and profane in private.

“My father always told me all businessmen were sonsofbitches, but I never believed it till now,” he said in private when the steel companies made an inflationary price increase in 1962.

Like Richard Nixon, Kennedy installed a secret taping system in the White House.  And, as with Nixon, this picked up many of his profanities.  Unlike Nixon, however, Kennedy died before his secret taping system was discovered.

Kennedy impressed many journalists with his capacity for detail.

“He swallows and digests whole books in minutes.  His eye seizes instantly on the crucial point of a long memorandum.  He confounds experts with superior knowledge of their field,” wrote Games McGregor Burns in 1961.

Having briefly worked as a journalist (covering the opening of the United Nations Assembly in 1945) JFK understood and catered to the sensitivities of the Washington press corps.

Using charm, wit, candor and selective accessibility, he cultivated his own favored group of reporters. Critics charged that he was manipulating the media–and they were right.

Sometimes the manipulation was heavy-handed.  He pressured The New York Times to censor its coverage of actions he intended to take–such as during the Bay of Pigs and the Cuban Missile Crisis.

But he failed to coerce the Times into removing David Halberstam, its Vietnam correspondent, whose highly critical articles cast doubt on the effectiveness of the American military commitment to Vietnam.

A major part of Kennedy’s appeal lay in his glamorous background.  He was born–on May 29, 1917–into a large, robust family headed by wealthy and powerful financier Joseph P. Kennedy.

He attended Princeton and Harvard, graduating from the latter with top honors.

During World War II he became a Naval hero in 1943 after a Japanese destroyer sliced his PT boat in half–by towing an injured shipmate to safety.  Stranded on a South Pacific island, Kennedy persuaded a native to summon rescue help from the U.S. Navy.

Kennedy had no plans for a postwar political career.  That had been assigned to his elder brother, Joseph P. Kennedy, Jr., by their ambitious father, who was determined to seat the first Irish Catholic President.

After learning of his younger brother’s heroism, Joseph volunteered for a dangerous Naval bombing mission.  On August 12, 1944, he and a co-pilot flew an explosives-laden plane from England toward France.

While over the English Channel, they were supposed to parachute from the aircraft–after activating a remote control system to send the plane crashing into a German command center.

But the plane mysteriously exploded before the pilots could eject–and before the plane reached its target.

The death of his elder brother ended John F. Kennedy’s plans for a career as a writer.  Joseph Kennedy, Sr., insisted that “Jack” assume the political career that the Kennedy patriarch had assigned for his dead brother.

JFK’S LEGACY 50 YEARS LATER: PART SEVEN (OF TEN)

In Bureaucracy, History, Law, Law Enforcement, Military, Politics, Social commentary on November 19, 2013 at 12:18 am

John F. Kennedy fired the imaginations and captured the hearts of Americans and foreign citizens as no President since the days of Franklin D. Roosevelt.

Millions who voted for him–or against him or didn’t vote at all–still believe that, if only he had lived to be re-elected, America would have entered a truly Golden Age.

Kennedy certainly encouraged such belief.  Asked for his definition of happiness, he quoted the ancient Greeks: “The full use of your powers along lines of excellence.”

Almost 50 years after his death on November 22, 1963, he remains frozen in time.  Assassinated at age 46, he remains forever young, vigorous and charming.

But even if he had not been assassinated, his Presidency could have ended in disaster.

After his 1953 marriage to Jaqueline Bouvier, he continued to pursue both a married and a bachelor life.  Rumors of Kennedy’s extramarital affairs swirled throughout his Senatorial career and followed him into the White House.

His conquests included secretaries, wives of friends, strippers, movie stars (such as Marilyn Monroe and Marlene Dietrich) prostitutes and even a mobster’s mistress.

Various theories have been advanced for his taking such dangerous risks with his political career:

  • As a victim of Addison’s Disease (insufficiency of the adrenal glands) he had been told by doctors he might not live beyond 35.
  • As a result of the cortisone he took to control his Addison’s, his libido was greatly enhanced.
  • After escaping death with the sinking of PT-109, he decided to cram as much excitement into his life as possible.
  • His father, Joseph P. Kennedy, Sr., a notorious womanizer, had encouraged him and his three other sons to sleep with as many women as possible.

During the 1960 Presidential campaign, Frank Sinatra–who had become smitten with Kennedy and was determined to see him elected–introduced him to a “good time girl” named Judith Campbell.

Judith Campbell

Whether Kennedy knew it or not, Campbell was also sleeping with Sam Giancana–the most-feared Mafia boss in Chicago.  And it wasn’t long before Giancana learned about her trysts with Kennedy.

As a favor to Sinatra, Giancana and his fellow mobsters used their powerful influence to ensure that JFK carried Illinois in 1960.

Sam Giancana

In turn, JFK’s father, Joseph P. Kennedy had promised Giancana that the Mob would get a free ride under a Kennedy Presidency.

When JFK appointed his brother, Robert, Attorney General, the latter declared war on organized crime.  Giancana and his fellow hoods felt betrayed.

Giancana often raged to Campbell: “If it wasn’t for me, your boyfriend wouldn’t be President.”  And having knowledge of her scandalous relationship with JFK, Giancana was in a position to expose Kennedy to what would be a shocked public.

And if Giancana didn’t do it, FBI Director J. Edgar Hoover might.

John F. Kennedy, J. Edgar Hoover and Robert F. Kennedy

Hoover, under relentless pressure from Robert Kennedy to crack down on the Mob, had, through illegal electronic surveillance, discovered the Giancana-Campbell-Kennedy connection.

Always fearful that he might be replaced as FBI director, Hoover had quickly alerted the Attorney General to his latest discovery in February, 1962.  Neither RFK nor JFK could dare fire Hoover now.

White House telephone logs reveal that, from January, 1961 until February, 1962, Campbell phoned the White House 70 times.

After Hoover informed Robert Kennedy of Campbell’s status with the President, she made only one more call to Kennedy.  It was then that the President said the affair was over.

Similarly, the President’s on-and-off affair with Marilyn Monroe put him in an equally dangerous position.  Monroe’s behavior, fueled by emotional instability, alcohol and pills, became increasingly erratic.  And she grew convinced that Kennedy should divorce Jackie and make her the new First Lady.

Rumors still circulate that the President sent Robert Kennedy–who was by now an old hand at cleaning up JFK’s messes–to tell Monroe their relationship was over.

Whatever secrets Monroe may have been able to reveal about her relationship with Kennedy, she took them to the grave in an overdose of alcohol and sleeping pills on August 5, 1962.

In his 1995 bestseller, The Dark Side of Camelot, investigative reporter Seymour Hersh got several former members of Kennedy’s Secret Service detail to speak about JFK’s extramarital sex life.

They revealed that they had not been allowed to search any of the women Kennedy cavorted with.

Any of these women could have injected the President with a poisonous hypodermic.  Or secretly tape recorded their trysts with Kennedy for blackmail purposes.

Kennedy believed he would be re-elected in 1964–especially if his opponent was Barry Goldwater, the Republican Senator from Arizona.

And he almost certainly would have been re-elected; Lyndon Johnson scored a smashing victory over Goldwater that year.

But it’s also possible that Kennedy could have been forced to resign in disgrace over his affairs with Campbell, Monroe or any number of other women.

Such a fate overtook British Secretary of State for War John Profumo in 1962.  In 1961, he had begun an affair with Christine Keeler, an attractive model.  But Keeler was also bedding Yevgeney Ivanov, the senior naval attaché at the Soviet Embassy in Britain.

When the press learned about the threesome, Profumo was forced to resign, his 22-year political career destroyed.

JFK’S LEGACY 50 YEARS LATER: PART SIX (OF TEN)

In Bureaucracy, History, Law, Law Enforcement, Military, Politics, Social commentary on November 18, 2013 at 12:00 am

President Kennedy’s untimely death has since fueled arguments over how, if he had lived, he would have dealt with Vietnam.

In his memoirs, former Soviet Premier Nikita Khrushchev wrote: “Kennedy would have never let his country get bogged down in Vietnam.”

But David Halberstam, who covered the early years of the war for The New York Times, came to a different conclusion.

David Halberstam in Vietnam

In his bestselling 1972 book, The Best and the Brightest, he wrote that although Kennedy questioned the wisdom of a combat commitment, he had never shown those doubts in public.

In public, he had expressed doubts only about the Diem regime–whether it held enough support among the Vietnamese to win the war.

His successor had to deal with Kennedy’s public statements, all supportive of the importance of Vietnam.

And it was that successor, newly-elevated President Lyndon B. Johnson, who decided, in 1965, to commit heavy military forces to protecting “freedom-loving” South Vietnam.

In short: Even if Kennedy had intended to withdraw American forces after winning re-election in 1964, he made a fatal mistake: He assumed there would always be time for him to do so.

Historian Thurston Clarke, in his 2013 book JFK’s Last Hundred Days, reached a totally diferent conclusion: That Kennedy planned to quietly remove American military advisors regardless of the military situation.

Like Halberstam, Clarke believes that Kennedy intended to gradually withdraw troops from Vietnam–but felt he could not afford to inflame the Right during an election year.

Essentially, the question, “What would  Kennedy have done?”–on Vietnam, civil rights, relations with the Soviet Union–lies at the heart of his continuing fascination among Americans.

For millions, the later turmoil of the 1960s remains such a traumatic memory that they assume: “America would have had to be better-off if Kennedy had lived.”

But much of Kennedy’s proposed legislation–such as his civil rights act–did not become law until President Johnson overcame conservative opposition to it.

Johnson had first been elected to the House of Representatives in 1937, where he gained influence as a protege of its speaker, Sam Rayburn.  In 1948, he was elected to the U.S. Senate and eventually became  one of its most powerful members–especially after becoming its Majority Leader in 1954.

Johnson knew the strengths and weaknesses of his political colleagues, and he ruthlessly exploited this knowledge to ensure the passage of legislation he supported.

Kennedy had served in the House from 1946 to 1952, and from 1952 to 1961 in the Senate.  But he had never been a major leader in either body.

It was as a Senator that he wrote his Pulitzer Prize-winning book, Profiles in Courage.  But it was also as a Senator that he refused to vote on whether U.S. Senator Joseph R. McCarthy should be censured by his Senatorial colleagues.

In 1954, the Senate voted to condemn McCarthy, whose slanders of Communist subversion had bullied and frightened Americans for four years.  McCarthy’s influence as a political figure died overnight.

Joseph P. Kennedy, the family patriarch, was a strong McCarthy supporters   And Robert F. Kennedy had briefly worked for McCarthy’s Red-baiting Senate subcommitee.

JFK’s refusal to say how he would have voted on censuring McCarthy damaged his support among liberals during the 1960 election.

Eleanor Roosevelt famously said that Kennedy should show “more courage and less profile.”

Although Lyndon Johnson’s legislative achievements as Senator and President remain unprecedented, he has become a pariah figure among Democrats.

His 1965 decision to wage all-ou war in Vietnam ignited nationwide protests and elected Richard M. Nixon as President in 1968.

Like a doomed character in George Orwell’s novel, 1984, he has largely become an un-person.

Meanwhile, John F. Kennedy continues to endlessly fascinate Americans.  In poll after poll they continue to rate him highly–even though he served less than three years in the White House.

Hundreds of books and thousands of articles have been written about JFK.  On the big screen he’s been depicted by actors such as Cliff Robertson (PT 109), Bruce Greenwood (Thirteen Days) and James Marsden (The Butler).

Movie poster for PT-109

On TV, he’s been portrayed by William Devane (The Missiles of October), William Petersen (The Rat Pack), Martin Sheen (Kennedy), James Franciscus (Jaqueline Bouvier Kennedy) and Cliff De Young (Robert Kennedy and His Times).

William Devane as John F. Kennedy in The Missiles of October

Kennedy has even appeared on Saturday Night Live (perhaps most famously in a sketch where he chides then-President Clinton for his twadry choices as a womanizer).

He even figured in a 1986 episode of the revised Twilight Zone episode where a history professor travels back in time to prevent the JFK assassination.

The result: JFK is saved but Soviet Premier Nikita Khrushchev is murdered and World War III erupts.

In fact, the Internet Movie Database lists a total of 94 movies, mini-series. TV dramas and even comedies featuring the character of John F. Kennedy.

JFK’S LEGACY 50 YEARS LATER: PART FIVE (OF TEN)

In Bureaucracy, History, Law, Law Enforcement, Military, Politics, Social commentary on November 15, 2013 at 12:00 am

The Kennedy administration’s unprecedented attack on organized crime has led some law enforcement experts to believe the Mob engineered President Kennedy’s assassination.

One of these is G. Robert Blakey, father of the Racketeer Influenced Corrupt Organizations Act (RICO).   As the former Chief Counsel and Staff Director to the U.S. House Select Committee on Assassinations (1977 – 1979) he oversaw the second official inquiry into the Kennedy assassination.

As a result, he believes the Mob had ample means, motive and opportunity to arrange for a “nut” to kill the President.

In his 1980 book, The Plot to Kill the President, Blakey asserted:

  • Lee Harvey Oswald shot and killed President Kennedy.
  • An unknown confederate of Oswald’s, firing from the “grassy knoll,” also shot at Kennedy but missed.
  • The conspiracy was rooted in organized crime and involved Mafia boss Santos Trafficante of Miami and/or Mafia boss Carlos Marcello of New Orleans.

The 1983 drama, “Blood Feud,” clearly implied that the Mob was responsible.  At the heart of the mini-series lay the 10-year conflict between Robert F. Kennedy and James R. Hoffa, then president of the International Brotherhood of Teamsters Union.

This was also the plot of American Tabloid, a 1995 novel by James Ellroy.

But investigative reporter Seymour Hersh wrote that during the five years he researched The Dark Side of Camelot, his expose of the hidden life of President Kennedy, he didn’t uncover any evidence of such a plot.

After Robert Kennedy left the Justice Department in 1964 to run for the post of U.S. Senator from New York, the Justice Department slacked off its push against the crime syndicates.

But the war was resurrected during the Nixon administration and has remained a top priority ever since.

Perhaps the most controversial legacy of the Kennedy administration remains the President’s dealings with the South Vietnamese regime of Ngo Dinh Diem.,

In 1954, the French–who had controlled Vietnam for 80 years–were forced to withdraw their military forces from the country.  Their army had suffered a humiliating defeat at Dienbenphu and the French citizenry–still recovering from defeat and Nazi occupation during World War II–demanded an end to the disastrous conflict.

Into this political vacumn stepped the victorious North Vietnamese communist Ho Chi Minh.

Kennedy–then U.S. Senator from Massachussets–had visited Vietnam while the French were still trying to hold onto one of their last colonial possessions.  And he had urged them to withdraw and allow the Vietnamese to govern themselves.

But President Dwight D. Eisenhower was aware of Ho’s overhwleming popularity throughout Vietnam due to his battles against Japanese and French colonialists.  In any nationwide election, Ho was certain to win the presidency.

But Eisenhower felt he couldn’t allow an avowed Communist to rule Vietnam.  With the North under firm Communist control, America focused its attention on the South.

earching for an acceptable alternative, Eisenhower found hm in Ngo Dinh Diem–a mandarin in a nation swept by revolution, a Catholic in a nation with an 80% Buddhist population.

Ngo Dinh Diem

In 1954, America began backing Diem.  Although his first years were marked by social progress, he later became increasingly oppressive toward the Buddhist majority.  Corruption flourished among government and army officials.

In 1960, North Vietnam launched an aggressive campaign of infiltration and assassination across South Vietnam.

In 1961, President Kennedy sent 400 Green Berets and 100 other military advisors to South Vietnam to offer support.

Diem requested American financing of a 100,000-man increase in his army.  Kennedy agreed to an increase of 30,000.  Meanwhile, the Joint Chiefs of Staff estimated that 40,000 U.S. troops would be needed to “clean up the Vietcong threat.”

Kennedy underestimated the reaction of North Vietnam, whose forces were fighting what they believed was a crusade.  As American troop strength increased, the North escalated its own commitment.

From 1961 to 1963, the number of U.S. troops in Vietnam steadily rose from 685 to 16,732.  American minesweepers patrolled the coasts while their aircraft engaged in surveillance.

For the first time, Americans became casualties of the war–especially those in helicopter combat-support missions.

Meanwhile, Diem–urged by his influential brother, Nhu, who ran the secret police–cracked down on the Buddhists.

Government troops fired on a peaceful demonstration in May, 1963.  In protest, Buddhist monks burned themselves to death before TV cameras.

Nhu’s beautiful and powerful wife led growing world outrage by her ridicule of “monk barbeque shows.”

American efforts to stop Diem’s anti-Budhist campaign failed.  On August 21, 1963, Diem’s police shot their way into Buddhist pagodas, killing scores and arresting hundreds.

This finally convinced the Kennedy administration that Diem would never gain the popular support he needed to win the war against the Communist North.

As a result, the administration offered support to South Vietnamese military officers planning a coup against Diem.

On November 1, 1963, South Vietnamese army units stormed the presidential palace.  Diem and Nhu fled, but were caught and shot.  Madame Nhu, visiting the U.S. at the time, escaped death, accusing  Kennedy of supporting the coup.

The administration issued a flat denial.

Diem’s assassination was followed 21 days later by Kennedy’s own.

JFK’S LEGACY 50 YEARS LATER: PART THREE (OF TEN)

In Bureaucracy, History, Law, Law Enforcement, Military, Politics, Social commentary on November 13, 2013 at 12:26 am

By October, 1962, the Soviet Union had sent more than 40,000 soldiers, 1,300 field pieces, 700 anti-aircraft guns, 350 tanks and 150 jets to Cuba to deter another invasion.

Nikita Khrushchev, the premier of the Soviet Union, also began supplying Castro with nuclear-tipped ballistic missiles–whose discovery, in October, 1962, ignited the single most dangerous confrontation of the Cold War.

John F. Kennedy during the Cuban Missile Crisis

On October 16, Kennedy was shown photographs of nuclear missile sites under construction on the island.  The pictures had been taken on the previous day by a high-altitude U-2 spy plane.

Suddenly, the two most powerful nuclear countries–the United States and the Soviet Union–found themselves on the brink of nuclear war.

At the time, Kennedy officials claimed they couldn’t understand why Khrushchev had placed nuclear missiles in Cuba. “Maybe Khrushchev’s gone mad” was a typical musing.

None of these officials admitted that JFK had been waging a no-holds-barred campaign to overthrow the Cuban government and assassinate its leader.

After being informed of the missile installations, Kennedy convened a group of his 12 most important advisors, which became known as Ex-Comm, for Executive Committee.

Then followed seven days of guarded and intense debate by Kennedy and his advisors. Some of the participants-–such as Air Force General Curtis LeMay-–urged an all-out air strike against the missile sites.

Robert Kennedy, the Attorney General (and the President’s brother) opposed initial calls for an air strike.

It would be, he said, “a Pearl Harbor in reverse.”  And, he added: “I don’t want my brother to go down in history as the Tojo of the 1960s.”

Robert F. and John F. Kennedy

Others-–such as Adlai Stevenson, the United States delegate to the United Nations–urged a reliance on quiet diplomacy.

It was Secretary of Defense Robert S. McNamara who suggested a middle course: A naval blockade–-a “quarantine” in Kennedy’s softened term–around Cuba. This would hopefully prevent the arrival of more Soviet offensive weapons on the island.

The President insisted that the missiles had to go–by peaceful means, if possible, but through the use of military force if necessary.

Kennedy finally settled on a maval blockade of Cuba.  This would prevent additional missiles from coming in and give Khrushchev time to negotiate and save face.

On October 22, President Kennedy appeared on nationwide TV to denounce the presence of Russian nuclealr missiles in Cuba.

He demanded their withdrawal, and warned that any missile launched against any nation in the Western hemisphere would be answered with “a full retaliatory response upon the Soviet Union.”

Kennedy ordered American military readiness raised to a level of Defcom-2–the step just short of total war.

The United States had about 27,000 nuclear weapons; the Soviets had about 3,000. In a first salvo of a nuclear exchange, the United States could have launched about 3,000 nuclear weapons and the Soviets about 250.

Nuclear missile in silo

On October 28, Khrushchev announced that the missile sites would be destroyed and the missiles crated and shipped back to the Soiet Union.

In return, Kennedy gave his promise–publicly–to lift the blockade and not invade Cuba

Privately, he also promised to remove obsolte Jupiter II nuclear missiles from Turkey, which bordered the Soviet Union.  Those missiles were, in effect, the American version of the Russian missiles that had been shipped to Cuba.

The world escaped nuclear disaster by a hair’s-breath.

Khrushchev didn’t know that Kennedy had intended to order a full-scale invasion of Cuba in just another 24 hours if an agreement couldn’t be reached.

And Kennedy and his military advisors didn’t know that Russian soldiers defending Cuba had been armed with tactical nuclear weapons.

If warfare of any type had broken out, the temptation to go nuclear would have been overwhelming.

The Cuban Missile Crisis marked the only time the world came to the brink of nuclear war.

To the Right, it was a sell-out: Kennedy had refused to “take out” Castro when he had the chance, thus allowing Cuba to remain a Communist bastion only 90 miles from Florida.

To the Left, it was a needless confrontation that risked the destruction of humanity.

For Kennedy, forcing the Soviets to remove their misssiles from Cuba re-won the confidence he had lost among so many Americans following the Bay of Pigs fiasco.

It also brought him face-to-face with the brutal truth that a miscalculation during a nuclear crisis could destroy all life on the planet.

He felt he could now move–cautiously–toward better relations between the United States and the Soviet Union.

Ironically, the crisis had the same effects on Khrushchev–who had witnessed the horrors of Germany’s 1941 invasion of the Soviet Union and the subsequent loss of at least 22 million Soviet citizens.

Slowly and carefully, Kennedy and Khrushchev negotiated the details of what would become the Nuclear Test Ban Treaty, which banned nuclear testing in the atmosphere.

Underground tests would continue, but the amounts of deadly strontonium-90 radiation polluting the atmosphere would be vastly reduced.

The treaty was signed between the United States and the Soviet Union on July 25, 1963.

Kennedy considered it his greatest achievement as President, saying in a speech: “According to a Chinese proverb, a jouney of a thousand miles begins with a single step.  My fellow Americans, let us take that first step.”