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CAN LAWBREAKERS BE LAWYERS?

In History, Law, Law Enforcement, Politics, Social commentary on September 25, 2013 at 12:00 am

Can a known lawbreaker act as a lawyer?

Many California legislators are trying to make this possible.

Assembly Bill 1024, which passed the state Legislature in mid-September, 2013, would allow the state Supreme Court to license lawyers, even if they are illegal aliens.

Specifically, the bill states:

This bill would additionally authorize the Supreme Court to admit to the practice of law an applicant who is not lawfully present in the United States, upon certification by the committee that the applicant has fulfilled those requirements for admission, as specified.

The bill has been sent to the desk of Governor Jerry Brown for his signature.

Fittingly, the bill was introduced by a Hispanic–Assembly member Lorena Gonzales (D-San Diego)–on behalf of another Hispanic, Sergio Garcia.

Garcia was born in Mexico and smuggled into the United States by his parents as an infant.  He left at age nine and returned when he was 17. He applied for legal residency in the mid-1990s.

He worked his way through college and law school.

But that argument didn’t cut any ice with the Justice Department of Barack Obama.

Federal law bars the state from issuing an attorney’s license to illegal aliens and prohibits them from working as lawyers, the Justice Department said in an August 1, 2012 filing with the California Supreme Court, which had requested its opinion.

The 1996 law denies “public benefits” to illegal aliens.  It was drafted to “preclude undocumented aliens from receiving commercial and professional licenses issued by states and the federal government,” Justice Department lawyers told the court.

The State Bar’s Commitee of Bar Examiners and California Attorney Genera Kamala Harris said that Garcia should be admitted to the bar, arguing that federal law leaves such issues up to the states.

Yet legal scholars say no law firm could legally hire him, and his citizenship status could disqualify him from representing some clients.

Many of those supporting Garcia claim he is the victim of racial prejudice.  This is the knee-jerk reaction whenever a Hispanic seeks immunity from American jurisprudence.

On May 20, 2010, Mexico’s then-President Felipe Calderon addressed a joint session of the United States Congress–and 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.”

Racial profiling?  Consider the popular Latino phrase, “La Raza.”

This literally means “the race” or “the people.”

In the United States, it’s sometimes used to describe people of Chicano and Mexican descent as well as other Latin American mestizos who share Native American heritage.

It rarely includes entirely European or African descended Hispanic peoples.

So when Latinos say, “The Race,” they’re not talking about “the human race.” They’re talking strictly about their own.

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

Yet consider the racial profiling situation in sunny Mexico.

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 false pretenses are imprisoned or deported;
  • foreign visitors violating the terms of their entry are imprisoned or 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.

On September 2, 2007, Calderon gave away the game when he said in a speech: “I have said that Mexico does not stop at its border, that wherever there is a Mexican, there is Mexico.”

Apparently Mexico has decided to re-conquer North America, by ensuring that “wherever there is a Mexican, there is Mexico.”

TWO WAYS TO AVOID A SHUTDOWN: PART THREE (END)

In Bureaucracy, History, Law Enforcement, Politics, Social commentary on September 24, 2013 at 12:00 am

The 1938 Munich Conference taught an invaluable lesson in foreign affairs: Caving in to the demands of insatiable thugs leads to only more demands.

That was what British Prime Minister Nveille Chamberlain learned when he sought to appease Adolf Hitler, Germany’s war-intent Fuehrer.

Chamberlain believed that by giving in to Hitler’s demands for “the German part” of Czechoslavakia known as the Sudetenland he could avoid war.

On September 29, Chamberlain and French Prime Minister Edouard Daladier met with Hitler and signed the Munich Agreement, resulting in the immediate German occupation of part of Czechoslavakia.

The Czechoslovakian government had not been a party to the talks.  Their “allies” had sold them out.

Chamberlain returned to England a hero.  Holding aloft a copy of the worthless agreement he had signed with Hitler, he told cheering crowds in London: “I believe it is peace for our time.”

Winston Churchill knew better, predicting: “Britain and France had to choose between war and dishonor. They chose dishonor. They will have war.”

And so they did.

It is not too late for President Barack Obama to apply this lesson from history.

With the United States facing a disastrous government shutdown unless the President surrenders to the latest Republican extortion threats, Obama can:

  1. Invoke the Racketeer Influenced Corrupt Organizations Act (RICO) and/or the Patriot Act;
  2. Rally the American people against this criminal threat to the security of the Nation.

Second Option: Calling upon the American people for their support

President John F. Kennedy did just that–successfully–during the most deadly crisis of his administration.

Addressing the Nation on October 22, 1962, Kennedy shocked his fellow citizens by revealing that the Soviet Union had placed offensive nuclear missiles in Cuba.

After outlining a series of steps he had taken to end the crisis, Kennedy sought to reassure and inspire his audience. His words are worth remembering today:

“The path we have chosen for the present is full of hazards, as all paths are, but it is the one most consistent with our character and courage as a nation and our commitments around the world.

“The cost of freedom is always high, but Americans have always paid it. And one path we shall never choose, and that is the path of surrender or submission.”

Just as President Kennedy called on his fellow Americans for support against a foreign enemy, President  Obama can rally his countrymen against an equally ruthless domestic enemy.

During such a national address, President Obama can reveal such blunt truths as:

  • Republicans have adopted the same my-way-or-else “negotiating” stance as Adolf Hitler.
  • Like the Nazis, they are determined to gain absolute power–or destroy the Nation they claim to love.
  • They raised the debt ceiling seven times during the eight-year Presidency of George W. Bush.
  • But now that a Democrat holds the White House, raising the debt ceiling is unacceptable.
  • Despite Republican lies, we cannot revitalize the economy by slashing taxes on the wealthy and  cash-hoarding corporations while cutting benefits for millions of average Americans.
  • We will need both tax increases and sensible entitlement cuts to regain our economic strength.
  • The Affordable Health Care Act frees Americans from the greed-fueled tyranny of the insurance industry.
  • Americans who could never hope to obtain medical coverage–for themselves and their families–can now do so.

Finally, President Obama can end his speech by directly calling for the active support of his fellow Americans. Something like this:

“My fellow Americans, I have taken an oath to ‘preserve, protect and defend the Constitution of the United States.’

“But I cannot do this on my own. As citizens of a Republic, each of us carries that burden. We must each do our part to protect the land and the liberties we love.

“Tonight, I’m asking for your help.

“We stand on the edge of economic and social disaster.  Therefore, I am asking each of you to stand up for America tonight–by demanding the recall of the entire membership of the Republican Party.

“As President John F. Kennedy said:

‘In your hands, my fellow citizens, more than mine, will rest the final success or failure of our course. Since this country was founded, each generation of Americans has been summoned to give testimony to its national loyalty.’

“This is the moment when each of us must decide–whether we will survive as a Republic, or allow ruthless political fanatics to destroy what has lasted and thrived for more than 200 years.”

President Obama has taken forceful action against America’s most ruthless foreign enemies—most notably, Osama bin Laden.

If the Nation is to survive, he must now act just as forcefully against America’s most ruthless domestic enemies.

Fortunately, there is still time for him to do so. The fact that he has not done so in the past does not rule out his doing so now.

He needs to only remember–and act on–the words of another American President–Andrew Jackson–who counseled: “One man with courage makes a majority.”

TWO WAYS TO AVOID A GOVERNMENT SHUTDOWN: PART TWO (OF THREE)

In Bureaucracy, History, Law Enforcement, Politics, Social commentary on September 23, 2013 at 12:10 am

Republicans are once again playing extortion politics–threatening to shut down the government unless they get their way.

And their way means abolishing The Affordable Care Act, otherwise known as Obamacare.

But this is a nightmare that doesn’t have to be.

There are, in fact, two ways to avoid it.

Assuming that President Obama doesn’t once again surrender to Republican extortion demands, he has two formidable weapons he can deploy:

First Option: RICO to the rescue

The Racketeer Influenced Corrupt Organizations (RICO) Act is a provision of the Organized Crime Control Act of 1970.  It authorizes prosecution for acts performed as part of an ongoing criminal organization.

It has been applied to not only the Mafia but to individuals, businesses, political protest groups, and terrorist organizations.  In short, a RICO claim can arise in almost any context.

Such as the one President Barack Obama faced in 2011 when Republicans threatened to destroy the credit rating of the United States unless their budgetary demands were met.

And such as the present case when Republicans are again threatening the security of the Nation with extortionate demands.

RICO opens with a series of definitions of “racketeering activity” which can be prosecuted by Justice Department attorneys.  Among those crimes: Extortion.

Extortion is defined as “a criminal offense which occurs when a person unlawfully obtains either money, property or services from a person(s), entity, or institution, through coercion.”

The RICO Act defines “a pattern of racketeering activity” as “at least two acts of racketeering activity, one of which occurred after the effective date of this chapter and the last of which occurred within ten years…after the commission of a prior act of racketeering activity.”

And if President Obama believes that RICO is not sufficient to deal with extortionate behavior, he can rely on the USA Patriot Act of 2001, passed in the wake of 9/11.

In Section 802, the Act defines domestic terrorism.  Among the behavior that is defined as criminal:

“Activities that…appear to be intended…to influence the policy of a government by intimidation or coercion [and]…occur primarily within the territorial jurisdiction of the United States.”

Demanding that the President de-fund Obamacare or face a potentially disastrous government shutdown clearly falls within the legal definition of “activities…intended…to influence the policy of a government by intimidation or coercion.”

The remedies for punishing such criminal behavior are now legally in place.  President Obama need only direct the Justice Department to apply them.

President Obama can direct Attorney General Eric Holder to investigate whether Republican Congressman—and their Tea Party cohorts—have violated Federal anti-racketeering and/or anti-terrorism laws.

  • Holder, in turn, can order the FBI to conduct such an investigation.
  • If the FBI finds sufficient evidence that these laws had been violated, Holder can empanel criminal grand juries to indict those violators.

The fact that members of Congress would be criminally investigated and possibly indicted would not violate the separation-of-powers principle.  Congressmen have in the past been investigated, indicted and convicted for various criminal offenses.

Such indictments and prosecutions–and especially convictions–would serve notice on current and future members of Congress that the lives and fortunes of American citizens may not be held hostage as part of a negotiated settlement.

On August 1, 2011, Chris Matthews, host of MSNBC’s “Hardball,” wrapped up his program with a search for “options” to avoid another round of Republican extortion tactics.

Chris Matthews

“I want to know what steps the president ‘could’ have taken to avoid this hostage-taking.

“…Is there another way than either buckling to the Republicans or letting the government and the country crash?

“How does he use the power of the presidency, the logic, emotion and basic patriotism of the people to thwart those willing to threaten, disrupt, even possibly destroy to get their way?”

The answer to his questions–then and now–is: Replace the law of fear with the rule of law.

Or, as Niccolo Machiavelli, the father of modern politics, instructed future leaders in The Prince:

I conclude, therefore, with regard to being loved and feared, that men love at their own free will, but fear at the will of the prince, and that a wise prince must rely on what is in his power and not on what is in the power of others….”

Instead, in 2011, Obama surrendered to Republican extortion demands.  As a result, the United States suffered a massive loss to its international credit rating.

But there was another way Obama could have stood up to Republican extortionists.  And it remains available to him now–if only he has the courage to act.

TWO WAYS TO AVOID A GOVERNMENT SHUTDOWN: PART ONE (OF THREE)

In Bureaucracy, History, Law Enforcement, Politics, Social commentary on September 20, 2013 at 12:15 am

Republicans are once again playing extortion politics–threatening to shut down the government unless they get their way.

And their way means abolishing The Affordable Care Act, otherwise known as Obamacare.

They’re enraged that millions of uninsured Americans might receive medical care on a par with that given members of the House and Senate.

So on September 20, the House will vote on a short-term government funding bill that will include a provision to defund Obamacare.

That provision is a no-go for Senate Democrats and President Obama.  If the House and Senate can’t work out a compromise, many functions of the federal government will be shut down indefinitely on Oct. 1.

Republicans have repeatedly threatened to shut down the government unless their constantly escalating demands were met.

In November, 1995, Newt Gingrich, then Speaker of the House of Representatives, carried out his threat. Gingrich unwisely admitted that he did so because President Bill Clinton had put him in the back of Air Force One during a recent trip to Israel.

The shutdown proved a disaster for Republicans. Clinton was handily re-elected in 1996 and Gingrich suddenly resigned from Congress in 1998.

Still, the Republicans continued their policy of my-way-or-else.  In April, 2011, the United States government almost shut down over Republican demands about subsidized pap smears.

During a late-night White House meeting with President Barack Obama and key Congressional leaders, Republican House Speaker John Boehner made this threat:

His conference would not approve funding for the government if any money were allowed to flow to Planned Parenthood through Title X legislation.

Facing an April 8 deadline, negotiators worked day and night to strike a compromise–and finally reached one.

Three months later–on July 9–Republican extortionists again threatened the Nation with financial ruin and international disgrace unless their demands were met.

esident Obama had offered to make historic cuts in the federal government and the social safety net–on which millions of Americans depend for their most basic needs.

But House Speaker John Boehner rejected that offer. He could not agree to the tax increases that Democrats wanted to impose on the wealthiest 1% as part of the bargain.

John Boehner

As the calendar moved ever closer to the fateful date of August 2, Republican leaders continued to insist: Any deal that includes taxes “can’t pass the House.”

President Obama had previously insisted on extending the debt ceiling through 2012. But in mid-July, he simply asked congressional leaders to review three options with their members:

  1. The “Grand Bargain” choice—favored by Obama–would cut deficits by about $4 trillion, including spending cuts and new tax revenues.
  2. A medium-range plan would aim to reduce the deficit by about $2 trillion.
  3. The smallest option would cut between $1 trillion and $1.5 trillion, without increased tax revenue or any Medicare and Medicaid cuts.

And the Republican response?

Said Rep. Darrell Issa, chairman of the Oversight and Government Reform Committee: “Quite frankly, [Republican] members of Congress are getting tired of what the president won’t do and what the president wants.”

Noted political analyst Chris Matthews summed up the sheer criminality of what happened within the House of Representatives.

Speaking on MSNBC’s “Hardball,” on July 28–five days before Congress reached its August 2 deadline to raise the debt-ceiling–Matthews noted:

“The first people to bow to the demands of those threatening to blow up the economy were the Republicans in the House, the leaders. The leaders did what the followers told them to do: meet the demands, hold up the country to get their way.

“Those followers didn’t win the Senate, or the Presidency, just the House.

“But by using the House they were able to hold up the entire United States government. They threatened to blow things up economically and it worked.

“They said they were willing to do that–just to get their way–not by persuasion, not by politics, not by democratic government, but by threatening the destruction of the country’s finances.

“Right. So what’s next? The power grid? Will they next time threaten to close down the country’s electricity and communications systems?”

With the United States teetering on the brink of national bankruptcy, President Obama faced three choices:

  1. Counter Republican extortion attempts via RICO–the Racketeer Influenced Corrupt Oganizations Act.
  2. Make a “Cuban Missile Crisis”-style address to the American people, seeking to rally them against a criminal threat to the financial security of the Nation.
  3. Cave in to Republican demands.

Unfortunately for Obama and the Nation, he chose Number Three.

The results were easily predictable: Emboldened by success, the extortionists continue to make even greater demands.

But this is a nightmare that doesn’t have to be.

There are, in fact, two ways to avoid it:

  1. The President can order the Justice Department to prosecute Republican extortion attempts via RICO–the Racketeer Influenced Corrupt Organizations Act.
  2. The President can make a “Cuban Missile Crisis” style address to the American people, seeking to rally them against a criminal threat to the security of the Nation.

NEED PROTECTION? DON’T CALL THE POLICE

In Bureaucracy, History, Law Enforcement, Politics, Social commentary on August 1, 2013 at 9:25 am

Lori Tankel has a problem: A lot of angry people think she’s George Zimmerman.

She’s been getting death threats to her cellphone ever since a jury acquitted him of the second-degree murder of 17-year-old Trayvon Martin.

Unfortunately for her, her number is one digit away from the number Zimmerman used to make his call to police just before he fatally shot Martin.

The phone number had been shown throughout the trial. And, believing the number was Zimmerman’s, someone posted her number online.

On Saturday, July 13, Zimmerman, a self-appointed “neighborhood watchman,” was acquitted of the second-degree murder of Martin.

Just minutes aver the verdict, Tankel began getting death threats: “We’re going to kill you.  We’re going to get you.  Watch your back,” threatened a typical call.

And the threatening calls have been nonstop ever since. Tankel works as a sales representative for several horse companies.

She’s used to relying on her phone to keep her business going. But, almost as soon as the Zimmerman verdict came in, “My phone just started to blow up. Phone call after phone call, multiple phone calls,” Tankel said.

So she did what any ordinary citizen, faced with multiple death threats, would do: She called the police.

According to her, the Seminole County Sheriff’s Office told her the department itself receives around 400 death threats a minute on social media sites.

In short: Unless you’re wealthy, a politician or–best of all–a cop, don’t expect the police to protect you if your life is threatened.

If you doubt it, consider the lessons to be learned when, in February, Christopher Dorner declared war on his former fellow officers of the Los Angeles Police Department.

First, above everyone else, police look out for each other.

Robert Daley bluntly revealed this truth in his 1971 bestseller, Target Blue: An Insider’s View of the N.Y.P.D.  A  police reporter for the New York Times, he served for one year as a deputy police commissioner. “A great many solvable crimes in the city were never solved, because not enough men were assigned to the case, or because those assigned were lazy or hardly cared or got sidetracked.

“But when a cop got killed, no other cop got sidetracked.  Detectives worked on the case night and day…. “

In effect, the citizen who murdered his wife’s lover was sought by a team of detectives, two men.  But he who killed a cop was sought by 32,000.”

Second, don’t expect the police to do for you what they’ll do for one another.

The LAPD assigned security and surveillance details to at least 50 threatened officers and their families.

A typical detail consists of two to five or more guards.  And those guards must be changed every eight to 12 hours. And those details stayed in place long after Dorner was killed in a firefight on February 12.

But if your bullying neighbor threatens to kill you, don’t expect the police to send a guard detail over.  They’ll claim: ”We can’t do anything until the guy does something.  If he does, give us a call.”

Third, the more status and wealth you command, the more likely the police are to address your complaint or solve your case. I

f you’re rich, your complaint will likely get top priority and the best service the agency can provide.

But if you’re poor or even middle-class without high-level political or police connections, you’ll be told: “We just don’t have the resources to protect everybody.”

Fourth, don’t expect your police department to operate with the vigor or efficiency of TV police agencies.

“I want this rock [Hawaii] sealed off,” Steve McGarrett (Jack Lord) routinely ordered when pursuing criminals on “Hawaii Five-O.”

Jack Lord as Steve McGarrett

Real-life police departments, on the other hand:

  • Lack state-of-the-art crime labs to analyze evidence.
  • Often lose or accidentally destroy important files.
  • Are staffed by lazy, lazy, indifferent or incompetent officers.
  • Are notoriously competitive, generally refusing to share information with other officers or other police departments-–thus making it easier for criminals to run amok.

Even when police ”solve” a crime, that simply means making an arrest.  The District Attorney may decide not to file charges.

Or the perpetrator may cop to a lesser offense and serve only a token sentence-–or none at all.  Or he might be found not guilty by a judge or jury.

Fifth, the result of all this can only be increased disrespect for law enforcement from a deservedly–and increasingly–cynical public.

It is the witnessing of blatant inequities and hypocrisies such as those displayed in the Christopher Dorner case that most damages public support for police at all levels.

When citizens believe police care only about themselves, and lack the ability-–or even the will-–to protect citizens or avenge their victimization by arresting the perpetrators, that is a deadly blow to law enforcement.

Police depend on citizens for more than crime tips.  They depend upon them to support hiring more cops and  buying state-of-the-art police equipment. 

When public support vanishes, so does much of that public funding. The result can only be a return to the days of the lawless West, where citizens looked only to themselves for protection.

TRAYVON’S REAL KILLER: THE NRA (PART THREE – END)

In Bureaucracy, Law Enforcement, Politics, Social commentary on July 31, 2013 at 12:10 am

The victims of the violence are black and white, rich and poor, young and old, famous and unknown. They are, most important of all, human beings whom other human beings loved and needed. No one – no matter where he lives or what he does – can be certain who will suffer from some senseless act of bloodshed. And yet it goes on and on.

–Robert F. Kennedy, April 4, 1968

Senator Robert F. Kennedy announcing the murder of Dr. Martin Luther King, Jr.

What should the surviving victims of gun violence do to seek redress?

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

Two things:

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

Politicians–with rare exceptions–have only two goals:

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

And too many of them fear the economic and voting clout of the NRA to risk its wrath.

Consider Mitt Romney and President Barack Obama.

Both rushed to offer condolences to the surviving victims of the Aurora massacre.  And both have steadfastly refused to even discuss gun control–let alone support a ban on the type of assault weapons used by James Holmes.

On July 22, 2012–only two days after the Century 16 Theater slaughter in Aurora, Colorado–U.S. Senator Ron Johnson (R-Wis.) said: “The fact of the matter is there are 30-round magazines that are just common all over the place.

“You simply can’t keep these weapons out of the hands of sick, demented individuals who want to do harm.  And when you try and do it, you restrict our freedom.”

That presumably includes the freedom of would-be mass murderers to carry out their fantasies.

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

There is sound, legal precedent for this.

  • For decades, the American tobacco industry peddled death and disability to millions and reaped billions of dollars in profits.
  • The industry vigorously claimed there was no evidence that smoking caused cancer, heart disease, emphysema or any other ailment.

  • Tobacco companies spent billions on slick advertising campaigns to win new smokers and attack medical warnings about the dangers of smoking.
  • Tobacco companies spent millions to elect compliant politicians and block anti-smoking legislation.
  • From 1954 to 1994, over 800 private lawsuits were filed against tobacco companies in state courts. But only two plaintiffs prevailed, and both of those decisions were reversed on appeal.
  • In 1994, amidst great pessimism, Mississippi Attorney General Mike Moore filed a lawsuit against the tobacco industry.  But other states soon followed, ultimately growing to 46.
  • Their goal: To seek monetary, equitable and injunctive relief under various consumer-protection and anti-trust laws.
  • The theory underlying these lawsuits was: Cigarettes produced by the tobacco industry created health problems among the population, which badly strained the states’ public healthcare systems.
  • In 1998, the states settled their Medicaid lawsuits against the tobacco industry for recovery of their tobacco-related, health-care costs.  In return, they exempted the companies from private lawsuits for tobacco-related injuries.
  • The companies agreed to curtail or cease certain marketing practices.  They also agreed to pay, forever, annual payments to the states to compensate some of the medical costs for patients with smoking-related illnesses.

The parallels with the NRA are obvious:

  • For decades, the NRA has peddled deadly weapons to millions, reaped billions of dollars in profits and refused to admit the carnage those weapons have produced: “Guns don’t kill people.  People kill people.”  With guns.

  • The NRA has bitterly fought background checks on gun-buyers, in effect granting even criminals and the mentally ill the right to own arsenals of death-dealing weaponry.
  • The NRA has spent millions on slick advertising campaigns to win new members and frighten them into buying guns.

  • The NRA has spent millions on political contributions to block gun-control legislation.
  • The NRA has spent millions attacking political candidates and elected officials who warned about the dangers of unrestricted access to assault and/or concealed weapons.

  • The NRA has spent millions pushing “Stand Your Ground” laws in more than half the states, which potentially give every citizen a “license to kill.”
  • The NRA receives millions of dollars from online sales of ammunition, high-capacity ammunition magazines, and other accessories through its point-of-sale Round-Up Program–thus directly profiting by selling a product that kills about 30,288 people a year.

  • Firearms made indiscriminately available through NRA lobbying have filled hospitals–such as those in Aurora–with casualties, and have thus badly strained the states’ public healthcare systems.

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

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

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

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

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

TRAYVON’S REAL KILLER: THE NRA (PART TWO OF THREE)

In Bureaucracy, Law Enforcement, Politics, Social commentary on July 30, 2013 at 12:00 am

Among the major accomplishments of the National Rifle Association:

  • In July, 2005, George Zimmerman was arrested for shoving a police officer during an underage drinking raid. The charges were dropped after he completed an alcohol education program. That same summer, his ex-fiancée filed a restraining order against him, alleging that Zimmerman hit her.
  • Yet he was allowed to carry a loaded, hidden handgun as a Florida resident–under the 2005 “Stand Your Ground” law the NRA had rammed through the legislature.
  • Under that law: A Concealed Carry Permit is revoked only if a gun owner is convicted of a felony.  It is not suspended if he’s being investigated for a felony.  It is suspended only if he is actually charged.

George Zimmerman

  • On February 26, 2012, Zimmerman shot unarmed, 17-year-old Trayvon Martin, who was wearing a “hoodie.”
  • In March, the NRA issued its own version of a “hoodie”–the Concealed Carry Hooded Sweatshirt, designed to hide firearms.  Selling on the NRA’s website for $60 to $65, it is advertised thusly:
  • “Inside the sweatshirt you’ll find left and right concealment pockets.  The included Velcro®-backed holster and double mag pouch can be repositioned inside the pockets for optimum draw.  Ideal for carrying your favorite compact to mid-size pistol, the NRA Concealed Carry Hooded Sweatshirt gives you an extra tactical edge, because its unstructured, casual design appears incapable of concealing a heavy firearm – but it does so with ease!”     http://www.nrastore.com/nrastore/ProductDetail.aspx?c=11&p=CO+635&ct=e

  • Anyone—including convicted criminals—can buy these “hide-a-gun” sweatshirts, putting both the public and law enforcers at deadly risk.
  • On July 13, 2013, a Florida jury found George Zimmerman not guilty of second-degree murder of Trayvon Martin–largely through the “Stand-Your-Ground” law the NRA had rammed through the Florida legislature.
  • The NRA often claims that law-abiding citizens defend themselves with guns millions of times every year. But the FBI has determined that, of the approximately 11,000 gun homicides every year, fewer than 300 are justifiable self-defense killings.
  • The NRA supports loopholes that allow criminals to buy guns without background checks, or allow terrorists to buy all the AK-47s they desire.
  • In 2012, the NRA’s executive vice president, Wayne LaPierre, said the NRA was “all in” to defeat Barack Obama.  Yet the President has meekly signed legislation allowing guns to be brought into national parks and onto trains.  Since becoming Chief Executive, he has made no effort to curb gun violence.
  • High-capacity magazines were prohibited under the 1994 Federal Assault Weapons Ban.  It expired in 2004. The NRA–aided by the Bush administration and Republicans generally–easily overcame efforts to renew the ban.
  • Political scientist Robert Spitzer, author of the book The Politics of Gun Control, notes that since the passage of the 1993 Brady Handgun Violence Prevention Act and the assault weapons ban in 1994, state and national laws have been drifting toward more open gun access:
  • “In 1988, there were about 18 states that had state laws that made it pretty easy for civilians to carry concealed hand guns around in society. By 2011, that number is up to 39 or 40 states having liberalized laws, depending on how you count it, and the NRA has worked very diligently at the state level to win political victories there, and they’ve really been quite successful.”
  • On January 8, 2011, Democratic Rep. Gabrielle Giffords was shot in the head while meeting with constituents outside a,Tucson, Arizona, grocery store.  Also killed was Arizona’s chief U.S. District judge, John Roll, who had just stopped by to see his friend Giffords after celebrating Mass.  The total number of victims: 6 dead, 13 wounded.
  • “The NRA’s response to the Tucson shootings has been to say as little as possible and to keep its head down,” says Spitzer.  “And their approach even more has been to say as little as possible and to simply issue a statement of condolence to the families of those who were injured or killed and to wait for the political storm to pass over and then to pick up politics as usual.”
  • In the spring of 2012, the House Oversight Committee prepared to vote on whether to hold U.S. Attorney General Eric Holder in contempt for allegedly refusing to provide documents related to “Fast and Furious.”  This was an undercover operation launched by the Bush administration to track firearms being sold to Mexican drug cartels.
  • The NRA notified Congressional members that how they voted would reflect how the NRA rated them in “candidate evaluations” for the November elections.  This amounted to blatant extortion, since the NRA has long accused Holder of having an “anti-gun” agenda.

Summing up the current state of gun politics in America, the April 21, 2012 edition of The Economist noted:

“The debate about guns is no longer over whether assault rifles ought to be banned, but over whether guns should be allowed in bars, churches and colleges.”

That is precisely the aim of the NRA–an America where anyplace, anytime, can be turned into the O.K. Corral.

So what should the surviving victims of gun violence do to seek redress?  And how can the relatives and friends of those who don’t survive seek justice for those they loved?

TRAYVON’S REAL KILLER: THE NRA (PART ONE OF THREE)

In Bureaucracy, Law Enforcement, Politics, Social commentary on July 29, 2013 at 12:05 am

On September 11, 2001, Islamic terrorists snuffed out the lives of 3,000 Americans in New York, Washington, D.C. and Pennsylvania.

But within less than a month, American warplanes began carpet-bombing Afghanistan, whose rogue Islamic “government” refused to surrender Osama bin Laden, the mastermind of the attacks.

By December, the power of the Taliban was broken–and bin Laden was driven into hiding in Pakistan.

For more than ten years, the United States–through its global military and espionage networks–has relentlessly hunted down most of those responsible for that September carnage.

On May 1, 2011, U.S. Navy SEALS invaded bin Laden’s fortified mansion in Abbottabad, Pakistan–and shot him dead.

Now, consider these statistics of death, supplied by the Brady Campaign to Prevent Gun Violence:

Every day–365 days a year

  • 270 people in America, 47 of them children and teens, are shot in murders, assaults, suicides, accidents and police intervention;
  • 87 people die from gun violence, 33 of them murdered;
  • 8 children and teens die from gun violence;
  • 183 people are shot, but survive their gun injuries;
  • 38 children and teens are shot, but survive their gun injuries.

And what does all of this add up to?

  • In one year, almost 100,000 people in America are shot in murders, assaults, suicides, accidents, or by police intervention.
  • Over a million Americans have been killed with guns since 1968, when Dr.  Martin Luther King, Jr. and Robert F. Kennedy were assassinated.
  • U.S. homicide rates are 6.9 times higher than rates in 22 other populous high-income countries combined, despite similar non-lethal crime and violence rates.  The firearm homicide rate in the U.S. is 19.5 times higher.
  • Gun violence impacts society in numerous ways: medical costs; costs of the criminal justice system; security precautions; and reductions in quality of life owing to fear of gun violence.
  • An estimated 41% of gun-related homicides would not occur under the same circumstances had no guns been present.

(This average annual estimated composite picture of gun violence is based on death certificates and estimates from emergency room admissions.)

And who, more than anyone (including the actual killers themselves) has made all this carnage possible?

The National Rifle Association, of course.

But unlike the leadership of Al Qaeda, that of the NRA is not simply known, but celebrated.

Its director, Wayne LaPierre, is courted as a rock star by Democrats and Republicans seeking NRA endorsements–and campaign contributions.

Wayne La Pierre

He frequently appears as an honored guest at testimonial dinners and political conventions.

The largest of the 13 national pro-gun groups, the NRA has nearly 4 million members, who focus most of their time lobbying Congress for unlimited “gun rights.”

The NRA claims that its mission is to “protect” the Second Amendment to the United States Constitution, which states:

“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

NRA members conveniently ignore the first half of that sentence: “A well regulated Militia, being necessary to the security of a free State….”

For the NRA, the Second Amendment is the Constitution, and the rest of the document is a mere appendage.

At the time Congress ratified the Constitution in 1788, the United States was not a world power.  Only after World War II did the country maintain a powerful standing army during peacetime.

But World War II ended 68 years ago, and today the United States is a far different country than it was in 1788:

  • It boasts a nuclear arsenal that can turn any country into thermonuclear ash–anytime an American President decides to do so.
  • It boasts an Army, Navy, Air Force and Marine Corps that can target any enemy, anywhere in the world.
  • Its Special Forces–Green Berets, Delta Force and Navy SEALS–are rightly feared by international terrorists.
  • If a criminal flees or conducts business across state lines, powerful Federal law enforcement agencies–such as the FBI and Drug Enforcement Administration–can put him out of business.

But apparently the NRA hasn’t gotten the word.

  • The NRA has steadfastly defended the right to own Teflon-coated “cop killer” bullets,” whose only purpose is to penetrate bullet-resistant vests worn by law enforcement officers.

  • The NRA and its lobbying arm, the Institute for Legislative Action, is responsible for the “Stand-Your-Ground” ordinances now in effect in more than half the states. These allow for the use of deadly force in self-defence, without any obligation to attempt to retreat first.
  • The NRA rushed to the defense of accused murderer George Zimmerman, the self-appointed “community watchman” who  ignored police orders to stop following 17-year-old Trayvon Martin and ended up shooting him to death.
  • Police did not initially charge Zimmerman because of Florida’s “Stand-Your-Ground” law, which the NRA had rammed through the legislature.
  • The same “Stand-Your-Ground” law will play a major role in the coming trial of Michael Dunn, a white software engineer, for the first-degree murder of Jordan Davis.  The shooting occurred on November 23, 2012, in Jacksonville, Florida.
  • Dunn claimed that he argued with three young black men over the volume of their music in their SUV.  He said that he saw a shotgun appear in one of the SUV’s windows and he fired his handgun eight or nine times before fleeing.
  • Three of Dunn’s bullets killed Davis.  Police said that the men in the SUV were unarmed.

GUNS + ALCOHOL = DEAD BODIES

In History, Law Enforcement, Politics, Social commentary on July 25, 2013 at 11:58 am

On July 23, North Carolina lawmakers approved a bill that allows those with concealed-carry weapons permits:

  • To bring firearms into bars and restaurants serving alcohol–so long as the owner doesn’t object.
  • To store weapons in locked cars on the campus of any public school or university.
  • To bring guns onto greenways, playgrounds and other public recreation areas.

The Republican-supported bill was approved by both the House and Senate.  It now heads to Republican Governor Pat McCrory, who is expected to sign it into law.

Now think:

  • You’re mixing high-octane alcohol with high-powered firearms.
  • You’re allowing weapons to be legally stored in parked cars–which can easily be broken into.
  • You’re allowing firearms to be brought onto playgrounds filled with children.

What could possibly go wrong?

The National Rifle Association (NRA)–which backed the measure–will celebrate a return to an era “when men were men” and every argument threatened to become a shootout.

But not everyone in the Old West welcomed the indiscriminate right to carry and use firearms within town.  One of those was the legendary lawman, James Butler “Wild Bill” Hickok.

Contrary to popular belief, Hickok actualy didn’t spend most of his life as a town marshal.  His gunslinging days as a lawman lasted just two years–1869 to 1871.

His first stint as a lawman came at Hays City, Kansas.  As sheriff, he shot and killed at least two men. One of these shootings occurred when Hickok, looking in a bar mirror, saw a ruffian named Strawhan pull a pistol to shoot him in the back.

Hickok, looking into the mirror, threw a “trick shot” over his shoulder–and nailed Strawhan dead.

Then Hickok’s luck ran out.  On July 17, 1870, several members of the 7th U.S. Cavalry attacked him in Drum’s Saloon. Drawing his pistols, he killed one private and wounded another.

Although he had acted in self-defense and the shootings were entirely justifiable, Hickok now faced danger from other, enraged members of the same regiment.  He decided to leave Hays before they could take their revenge.

His next posting as town marshal came in Abilene, Kansas.  This stint lasted from April to December, 1871.  And, like his last one as a “town-tamer,” it ended with a deadly shootout.

A major portion of his duties lay in enforcing the “no firearms worn or used in town” edict.

Abilene was a cattle town, the end of the line for many outfits seeking a major railhead where their hundreds of beeves could be dropped off and shipped eastward.

When cowboys–most of them in their teens or early 20s–reached Abilene, they wanted to celebrate.  Their long drive was over, and now they could finally get paid.  And there were plenty of bars and whores waiting to pick up their newly-issued monies.

This combination of randy men and ready supplies of alcohol and women often led to trouble.  One cowboy might make a pass at another’s “lady” for the night.  Or an argument might erupt over a card game.

It was Hickok’s duty to make sure that such arguments were settled only with fists.  And that meant demanding that all cowboys’ guns be checked at the marshal’s office until the “boys” were ready to leave Abilene.

This, of course, contradicts the “open carry” demands of the NRA.  And most of its members–if transported to the Old West–would find themselves on the wrong side of Hickok.

And that wasn’t a good place to be–as Texas gambler Phil Coe learned to his dismay.

Coe and Hickok had clashed before.  As co-owner of the Bull’s head Saloon, Coe had advertised its wares with a sign depicting a bull with oversized sexual organs.   A number of citizens raged that this was obscene and demanded that the animal’s sexuality be greatly reduced.  The city fathers agreed.

Hickok stood nearby with a shotgun while a painter made the necessary deletions.

On October 5, 1871, cowboys were flooding into Abilene, looking for a good time.  Coe, feeling in high spirits, decided to celebrate by firing his pistol into the air several times.

The shots quickly brought Hickok to the scene.

“Did you fire that shot?” Hickok demanded.

Coe supposedly replied: “I shot at a dog–and I’ll shoot at another.”

Coe threw a shot at Hickok, which missed.

Hickok whipped out his two revolvers and put two bullets into Coe’s stomach, mortally wounding the Texan, who died three days later.

James Butler “Wild Bill” Hickok

With Coe’s Texas buddies surrounding him, Hickok suddenly heard someone rushing at him from behind.

Hickok whirled and fired twice more–into the chest of his own deputy, Mike Williams, who had been running to his aid.

Hickok, aghast at his mistake, gently carried Williams into a saloon and placed his body onto a billiard table.  Then he raged through Abilene, ordering an end to the festivities and knocking down any cowboys foolish enough to resist.

Owing to this latest explosion in violence, the city fathers quickly reached two decision:

First, they put an end to Abilene’s years as a major cattle shipping point.  From now on, cattlemen were no longer welcome there.

And then they fired Hickok as city marshal in December, 1871.

GUNS AND BLACKS: PART TWO (END)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on July 17, 2013 at 12:30 am

On July 15, a reporter at a White House press briefing asked Presidential Press Secretary Jay Carney the following question:

Q    Well, tomorrow, Eric Holder, Kathleen Sebelius and Shaun Donovan will be in Florida addressing the NAACP, and one of the issues is on gun violence.

And according to the NAACP, black males ages 15 to 19 were eight times as likely as white males of the same age, and two and a half times as likely as their Hispanic peers, to be killed in gun-related homicides in 2009.  And Kathleen Sebelius, Eric Holder and Shaun Donovan will be addressing those issues.

What does the White House have to say, particularly as you can’t push forward gun legislation?

* * * * *

The clear implication within this question was that blacks were being routinely slaughtered by murderous whites.  But the actual statistics of crime say something very different.

Consider the following statistics released by the NYPD for “Crime and Enforcement Activity in New York City” in 2012.

Other Felony Sex Crimes Victims:

  • Black (40.7%)
  • Hispanic (33.6%)
  • White victims (19.6%)
  • Asian/Pacific Islanders (5.9%)

Known Other Felony Sex Crime Arrestees:

  • Black (42.3%)
  • Hispanic (39.8%)
  • White (12.6%)
  • Asian /Pacific Islander (5.1%)

Robbery Victims:

  • Hispanic (36.1%)
  • Black (31.9%)
  • White victims (18.3%)
  • Asian/Pacific Islanders (12.8%)

Robbery Arrestees:

  • Black (62.1%)
  • Hispanic (29.0%)
  • White (6.2%)
  • Asian/Pacific Islander (2.5%)

Felonious Assault Victims:

  • Black (47.8%)
  • Hispanic (33.6%)
  • White (12.4%)
  • Asian/Pacific Islanders (5.5%)

Felonious Assault Arrestees:

  • Black (52.3%)
  • Hispanic (33.6%)
  • White (9.4%)
  • Asian/Pacific Islanders (4.5%)

Grand Larceny Victims:

  • White (42.4%)
  • Black (25.0%)
  • Hispanic (20.1%)
  • Asian/Pacific Islanders (11.8%)

Grand Larceny Arrestees:

  • Black (52.0%)
  • Hispanic (28.5%)
  • White (14.6%)
  • Asian/Pacific Islanders (4.8%)

Shooting Victims:

  • Black (74.1%)
  • Hispanic (22.2%)
  • White (2.8%)
  • Asian/Pacific Islanders (0.8%)

Shooting Arrestees:

  • Black (75.0%)
  • Hispanic (22.0%)
  • White (2.4%)
  • Asian/Pacific Islander (0.6%)

Drug Felony Arrest Population:

  • Black (45.3%)
  • Hispanic (40.0%)
  • White (12.7%)
  • Asian Pacific Islanders (1.9%)

The Drug Misdemeanor Arrest Population

  • Black (49.9%)
  • Hispanic (34.5%)
  • White (13.3%)
  • Asian Pacific Islanders (2.1%)

The Felony Stolen Property Arrest Population:

  • Black (52.5%)
  • Hispanic (28.9%)
  • White (14.5%)
  • Asian/Pacific Islanders (4.0%)

The Misdemeanor Stolen Property Arrest Population:

  • Black (47.1%)
  • Hispanic (30.2%)
  • White (16.9%)
  • Asian/Pacific Islanders (5.4%)

Violent Crime Suspects:

  • Black (66.0%)
  • Hispanic (26.1%)
  • White (5.8%)
  • Asian/Pacific Islanders (1.9%)

Reported Crime Complaint Juvenile Victims:

  • Black (43.5%)
  • Hispanic (38.7%)
  • White (11.6%)
  • Asian/Pacific Islander (5.8%)

Juvenile Crime Complaint Arrestees:

  • Black (58.6%)
  • Hispanic (32.6%)
  • White (5.8%)
  • Asian/Pacific Islander (2.8%)

Appendix B of the report offers a breakdown of New York City’s racial makeup:

                                                                 Total Numbers        Percentage of the City’s Population

  • White                                                 2,722,904                           (33.3%)
  • Black                                              1,861,295                        (22.8%)
  • Hispanic                                            2,336,076                           (28.6)
  • Asian/Pacific Islanders                   1,030,914                          (12.6%)

During the first six months of 2012, 96% of shooting victims were blacks or Hispanics–and in 97% of all cases, the shooters were other blacks or Hispanics.

Blacks and Hispanics comprise 89% of murder victims–and 86% of murder suspects.  Of felony assault victims, 81% are non-whites, as are 88% of the suspects.

Thus, while Blacks make up 22.8% of New York City’s population, they comprise

  • 51.4% of its murder and non-negligent manslaughter arrests;
  • 48.6% of its rape arrests;
  • 42.3% of its known other felony sex crime arrests;
  • 62.1% of its robbery arrests;
  • 52.3% of its felonious assault arrests;
  • 52.0% of its grand larceny arrests;
  • 75.0% of its shooting arrests;
  • 45.3% of its drug felony arrests;
  • 49.9% of its drug misdemeanor arrests;
  • 52.5% of its felony stolen property arrests;
  • 47.1% of its misdemeanor stolen property arrests;
  • 66.0% of its violent crime suspects;
  • 58.6% of its juvenile crime complaint arrests.

Blacks and their liberal allies have long claimed that the startling numbers of blacks arrested, convicted and incarcerated only prove that racist white cops, prosecutors and judges have rigged the system against them.

But this ignores a fundamental–and ugly–truth: The vast majority of victims of black criminals are other blacks.

But pretending that crime doesn’t flourish in black neighborhoods hasn’t stopped black criminals from preying on black victims.

Fortunately, several prominent black figures have dared to speak bluntly to the crisis of lawlessness within their own community.

One of these is Jesse Jackson.  Speaking at a meeting of Operation PUSH (People United to Save Humanity) in Chicago on November 27, 1993, Jackson famously said:

Jesse Jackson

“There is nothing more painful to me at this stage in my life than to walk down the street and hear footsteps and start thinking about robbery.

“Then look around and see somebody white and feel relieved. After all we have been through.  Just to think we can’t walk down our own streets–how humiliating.”

During a 1998 interview on the PBS investigative series, Frontline, Jackson attacked the “criminal chic” style of dress that has become popular among young black men:

“Well, what does that style [wearing baggy britches or $200 Nike stringless tennis shoes] come from?  It comes from jail.

“That’s recycled jail culture, where they cannot wear belts because they may hang themselves or hurt themselves or hurt someone.  Or they can’t have strings in their tennis shoes.

“So when you find youth having jail culture recycled into them, it is almost as if you’re eating your own vomit.   It’s a kind of recycled sickness.”

Another prominent black who has dared to confront the realities of black criminality is comedian Bill Cosby.

Bill Cosby

Addressing the 20th National Action Network conference in April, 2011, Cosby didn’t mince words before his largely black audience:

“Tell me where Jesus would allow drug dealing on the corner?  Tell me where Jesus would allow people to shoot guns for no reason, missing and then hitting a child who is paralyzed for life?

“And we don’t do anything but have a funeral.  But let a cop shoot [a black man], and you set his car on fire and burn up the police stations.”