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Archive for the ‘Law Enforcement’ Category

THE TRUTH ABOUT COPS–AND A GREAT MOVIE

In Bureaucracy, History, Law, Law Enforcement, Social commentary on October 30, 2013 at 1:36 am

It’s a movie that appeared in 1981–making it, for those born in 2000, an oldie.  And it wasn’t a blockbuster, being yanked out of theaters almost as soon as it arrived.

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

  • Tells a dramatic (and true) story, and
  • Offers serious truths for those who want to know how police and prosecutors really operate.

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

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

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

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

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

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

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

Confronted by a high-ranking agent for the Drug Enforcement Agency, Moscone refuses to “rat out” his buddies.

Instead, he puts his service revolver to his head and blows out his brains.

Prince Of The City folded.jpg

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

Along the way, he’s suspected by a corrupt cop and bail bondsman of being a “rat” and threatened with death.  He’s about to be wasted in a back alley when his cousin–a Mafia member–suddenly intervenes.

The Mafioso tells Ciello’s would-be killers: “You’d better be sure he’s a rat, because people like him.”

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

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

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

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

Too many of the cops he’s responsible for indicting have implicated him of similar–if not worse–behavior.

He’s even suspected of being involved in the theft of 450 pounds of heroin (“the French Connection”) from the police property room.

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

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

Ciello then tries to convince his longtime SIU partners to do the same.

One of them commits suicide.  Another tells Ciello to screw himself:  “I’m not going to shoot myself and I’m not going to rat out my friends.”

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

The movie ends with a double dose of irony.

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

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

If he is, his confessions will ensure his conviction.

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

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

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

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

The movie ends with Ciello now teaching surveillance classes at the NYPD Academy.  A student asks: “Are you the Detective Ciello?”

“I’m Detective Ciello.”

“I don’t think I have anything to learn from you.”

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

REAL COPS AREN’T TV COPS: PART TWO (END)

In Bureaucracy, Law Enforcement, Self-Help on October 18, 2013 at 2:15 am

Bill was visiting Daly City when he got threatening call from a stranger.

A resident of San Francisco, he filed a complaint with his local police station as soon as he returned to the city.

But then an Inspector named Jones told him: “You need to also file a report with the Daly City Police Department.  Otherwise, we can’t help you.”

So Bill called the Daly City police–and was quickly told he didn’t need to file a report, since he had already filed one with the San Francisco Police Ddepartment (SFPD)

Angered, Bill decided to make a complaint. He dialed the main number and said, “Chief’s office, please.”

Bill didn’t expect to speak with the chief, Greg Suhr.  Speaking with one of Surh’s aides would be enough.

Police departments are quasi-military organizations, where hierarchy counts for everything.

A sergeant-secretary answered the phone.  Bill outlined what had happened–and didn’t hide his anger at having been blackmailed at a time when he most needed help.

The Chief’s secretary was sympathetic, took Bill’s number, and promised to get back to him soon.  A few minutes later, he called back.

The secretary said he had spoken with Inspector Jones, who had tried to trace the phone number of the person who had threatened him.  But that hadn’t been possible.

The number went to a Google phone exchange, which could be used by callers who didn’t want to reveal their actual number.

The next time Bill spoke with the Inspector, he detected a more helpful attitude.  Still, no one in the SFPD offered Bill any advice on how to deal with an unprecedented situation.

Bill again visited a local police station.  He  brought a detailed, written account of who he suspected might be responsible for the threat.

Inspector Jones accepted it.  Bill asked what would happen next.

Jones said he would forward Bill’s report to the District Attorney’s office.  They would then decide whether to prosecute.

Bill continues to remain uncertain–of the danger he faces, of what police and prosecutors might do on his behalf.  He remains alert whenever he goes out, but that’s all he can do.

Unlike celebrities, he can’t afford bodyguards.  Unlike public officials, he can’t count on round-the-clock police protection.

When dealing with police, it’s best to remember the following:

Above everyone else, police look out for each other.

Robert Daley, a police reporter for the New York Times, spent one year as a deputy police commissioner.  He bluntly revealed this truth in his 1971 bestseller, Target Blue: An Insider’s View of the N.Y.P.D.:

“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.”

That’s why the Mafia didn’t kill cops.  Only sucidal people took on those odds.

Don’t expect the police to do for you what they’ll do for one another.

In February, 2013, a fired LAPD cop named Christopher Dorner declared war on his former colleagues.

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 until Dorner was killed in a firefight on February 12.

Money makes the difference.

Police claim to enforce the law impartially.  But that happens only in TV crime shows.

If 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, your case will likely go nowhere.

Don’t expect your police department to be as efficient as those in TV police dramas.

“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

But in San Jose–a city close to bankruptcy–residents can’t get police to respond to break-ins because the police department is dangerously understaffed.

And in San Francisco, if you’re assaulted and can’t give police “a named suspect,” they won’t assign the case.  As far as they’re concerned, the solvability rate is too low.

Among the realities of real-life law enforcement:

  • Many police departments lack state-of-the-art crime labs to analyze evidence.
  • Files often get lost or accidentally destroyed.
  • Some officers are lazy, indifferent or incompetent.
  • Police are notoriously competitive, generally refusing to share information with other officers or other police departments–and thus making it easier for criminals to run amok.
  • Even when police ”solve” a crime, that simply means making an arrest.  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.

The result of all this is disillusionment with law enforcement from a deservedly–and increasingly–cynical public.

REAL COPS AREN’T TV COPS: PART ONE (OF TWO)

In Bureaucracy, Law Enforcement, Self-Help on October 17, 2013 at 1:50 am

On TV, if an innocent citizen is threatened by a criminal, the cops spare no expense protecting him–or her.

If s/he’s really lucky, s/he’ll get protection from no less than the Top Cop HImself–such as Steve McGarrett (on Hawaii Five-O) or Elliot Ness (on The Untouchables).

If you think that’s how real-life cops operate, you’re in for a shock.  Especially if you have to entrust your life to them.

Consider the case of a friend of mine I’ll call Bill.

Bill was shopping in a Home Depot in Daly City when his cell phone rang.  Assuming it was someone he knew, he casually answered it.

The caller proved to be someone he didn’t know.  More ominously, it was someone he wouldn’t want to know.

“You got my friend kicked out,” he said.  “And I’m going to get you.  I know who you are and where you live.”

Bill explained–truthfully–that he hadn’t gotten anyone kicked out.  For a few moments he had no idea who the caller might be talking about.

Then he remembered: About two months earlier, an aggressive psychopathic tenant had been evicted from his apartment building.  Bill hadn’t had anything to do with the eviction.

True, the property management company supervising the complex had tried to recruit him to testify in a lawsuit against the psycho-tenant.  But Bill had wanted nothing to do with the case.

There were some risks just not worth taking–especially when a man who routinely threatened others lived only two floors below.

Still, the tenant had clearly been told by someone else that Bill had played a role in his eviction.  Just days before he was to move out, he shouted at Bill: “I’m being evicted, and you’re responsible for it!”

The next day, by unfortunate coincidence, Bill again ran into the psycho-tenant, who shuted: “I’m being evicted, and I’m sure that makes you happy!”

So now, as Bill listened to the unknown caller making his threat, he felt 99% certain that even if he didn’t know the caller, he knew the man on whose behalf he was calling.

Bill stayed calm, trying to draw the caller into giving some specific information.  But the caller refused to be tempted, and Bill hung up.

Thinking it over, Bill was worried: His cell phone number was known to only a few people–and certainly not to the evicted tenant.  Someone had clearly gone to a great deal of trouble to find it.

For the moment, he took some heart in that the caller’s number showed up on his cell phone.  No doubt the police could quickly trace it, he assumed.

(He soon found out they couldn’t.  The number was to a Google phone exchange, which could be used by callers who didn’t want to reveal their actual number.)

As soon as Bill returned to San Francisco, he visited a police station and made out a report to a uniformed officer.

Later that day, he called the station to provide more information.  He was connected to an Inspector Jones (not his real name).

In the police world, an Inspector is a figure of real authority and prestige.  The word “inspector” will open doors that may well be closed to other police officers.

So Bill assumed he was dealing with the elite of the San Francisco Police Department (SFPD)

To his surprise, Jones asked if he had filed a report of the incident with the Daly City Police Department.

“No,” Bill said.  He had simply been visiting Daly City when the call came in.  No one had assaulted him in Daly City  And he believed the call had almost certainly come from San Francisco.

“Well,” said Inspector Jones, “you must file a report with the Daly City Police Department.  Otherwise, we can’t (that is, won’t) help you.”

Bill asked: ” Can I make the report over the phone?”

“No,” said Jones, “it has to be made in person.”

Bill: “I don’t have a car.  I don’t know where the Daly City Police Department is.”

“Well, we can’t help you until you do it,” said Jones.

So Bill called the Daly City Police Department.  A female officer soon came on the line.  Bill outlined the reason for his call.

“Did you file a report with the SFPD?” the officer asked.

“Yes,” said Bill.

“Then you don’t need to file one with us,” said the officer.

“Are you certain?” asked Bill.

“Yes.”

Now Bill was not so much worried as angry.  He re-dialed the SFPD–but this time, at a far higher level: The Office of the Chief of Police.

he didn’t expect to speak with the Chief himself.  But that wasn’t necessary.  It would be enough for him to reach someone who worked directly for the Chief.

Police department are quasi-military organizations.  They are rigidly hierarchial.  At a police station, a captain wields Godlike authority over everyone beneath him–detectives, sergeants, uniformed officers.

And if a captain wields Godlike authority over his subordinates, the Chief is the uniformed version of God to everyone else in the department.

TIMIDITY IS ITS OWN PUNISHMENT

In Bureaucracy, History, Law, Law Enforcement, Politics on October 15, 2013 at 1:06 am

The media has given wall-to-wall coverage of the Federal Government shutdown–and the effects it has had on both Federal employees and ordinary Americans.

But there is one aspect of this story that hasn’t been covered.  In fact, it is so obvious that I can only conclude that editors are deliberately ignoring it.

President Barack Obama, a former attorney, has denounced House Republicans as guilty of “extortion” and “blackmail.”

Unless he was exaggerating, both of these are felony offenses that are punishable under the 2001 Patriot Act and the Racketeer Influenced Corrupt Organizations Act of 1970.

So: Why hasn’t the President acted to punish such criminal conduct?

All that he need do is to order his Attorney General, Eric Holder, to ask the FBI to investigate whether either or both of these laws have been violated.  If it’s discovered that they have, indictments could immediately follow, and then prosecutions.

The results of such action can be easily predicted.

  1. Facing lengthy prison terms, those indicted Republicans would first have to lawyer-up.  That in itself would be no small thing, since good criminal lawyers cost big bucks.
  2. Obsessed with their own personal survival, they would find little time for engaging in more of the same thuggish behavior that got them indicted.  In fact, doing so would only make their conviction more likely.
  3. Those Republicans who hadn’t (yet) been indicted would realize: “I could be next.”  This would produce a chilling effect on their willingness to engage in further acts of subversion and extortion.
  4. The effect on Right-wing Republicans would be the same as that of President Reagan’s firing of striking air traffic controllers:  “You cross me and threaten the security of this nation at your own peril.”

It would no doubt be a long time before Republicans dared to engage in such behavior–if they ever so dared again.

Had Obama done so when Republicans began threatening to shut down the government and destroy the country’s credit rating unless they got their way, this crisis would now be past.

In fact, if he had warned, months ago, that he would react to such terroristic behavior with indictments and prosecutions, it’s highly unlikely that this crisis would have occurred.

With major Republicans like House Speaker John Boehner and Senator Ted Cruz facing  prosecution and imprisonment, the rest of the party would have quickly found a way to pass a budget and ensure that the United States pays its debts.

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

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

Obama came into office determined to find common ground with Republicans.  But they quickly made it clear to him that they only wanted his political destruction.

At that point, he should have put aside his hopes for a “Kumbaya moment” and re-read what Niccolo Machiavelli famously said in The Prince on the matter of love versus fear:

Niccolo Machiavelli

From this arises the question whether it is better to be loved than feared, or feared more than loved.  The reply is, that one ought to be both feared and loved, but as it is difficult for the two to go together, it is much safer to be feared than loved. 

For it may be said of men in general that they are ungrateful, voluble, dissemblers, anxious to avoid danger and covetous of gain. 

As long as you benefit them, they are entirely yours: they offer you their blood, their goods, their life and their children, when the necessity is remote.  But when it approaches, they revolt…. 

And men have less scruple in offending one who makes himself loved than one who makes himself feared; for love is held by a chain of obligations which, men being selfish, is broken whenever it serves their purpose; but fear is maintained by a dread of punishment which never fails.

Moreover, Machiavelli warns that even a well-intentioned leader can unintentionally bring on catastrophe.  This usually happens when, hoping to avoid conflict, he allows a threat to go unchecked.  Thus:

A man who who wishes to make a profession of goodness in everything must inevitably come to grief among so many who are not good.

And therefore it is necessary, for a prince, who wishes to maintain himself, to learn how not to be good, and to use this knowledge and not use it, according to the necessity of the case.

Of course, it’s possible that some prosecuted Republicans might beat the rap.  But this wouldn’t happen until they had been forced to spend huge amounts of time and money on their defense.

And, with 75% of Americans saying they are disgusted with Congress, it’s highly likely that most of those prosecuted would wind up convicted.

And, as Andrew Jackson once said: “One man with courage makes a majority.”

STRIPPING DOWN FOR THE FBI

In Bureaucracy, Law Enforcement on September 27, 2013 at 12:00 am

The Federal Bureau of Investigation has always encouraged Americans to report anything they consider a threat to national security or a violation of Federal law.

But recently the FBI has adopted a practice that is almost certain to sharply decrease the number of people willing to report knowledge of a crime.

Earlier this year, a friend of mine named Jim visited the San Francisco field office of the FBI.  He wanted to report a violation of Federal computer fraud and harassment laws.

This meant visiting the San Francisco Federal Building (technically named the Phillip Burton Federal Building, in honor of the late San Francisco Congressman).

At 450 Golden Gate Avenue, located close to the Civic Center and City Hall, it serves as a courthouse of the United States District Court for the Northern District of California.

It also lhouses offices for such Federal law enforcement agencies as the FBI, Bureau of Alcohol, Tobacco and Firearms, Drug Enforcement Administration and U.S. Marshal’s Service.

To enter, you must first show a driver’s license or State ID card.  Then you must remove

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

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

Then, assuming you avoid setting off any alarm system, you’re set for your next big screen test.

This comes when you enter the 13th floor office of the FBI.

According to Jim: You walk into a large room filled with several comfortable chairs that sit close to the floor.  Ahead is a window such as you find in a bank–made of thick, presumably bulletproof glass.

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

You say that you want to speak with an agent about what you believe is a violation of Federal law.

If you’ve done your homework, you should know at least the general legal area this violation falls under.  And you’re even better-off if you know what division of the FBI is assigned to handle it.

For example: Jim knew the acts he wanted to report were a violation of Federal anti-computer hacking and harassment laws.  He also knew that these violations are handled by the FBI’s Cybercrime Division.

So he asked to speak with an agent from that division.

The secretary said she would see what she could do.  But before he could speak with an agent, he would have to show her his driver’s license or State ID card.

The secretary made a xerox of this, and then handed the card back.

Then, as if that wasn’t enough, he had to fill out a single-page form, where he was required to provide his:

  • Name
  • Address
  • Phone number
  • Social Security Number
  • The reason he wanted to speak to an agent

Of course, he could refuse to fill out the form.  But then the secretary would refuse to let him meet with an FBI agent to gain help in resolving his problem.

In Jim’s case, his request to speak with an agent specializing in Cybercrime was denied.   He would up speaking instead with the “duty agent”–whichever luckless person has been assigned to deal with the public that day.

Unofficially, the “duty agent” is the one who takes the “nut calls” from, among others, the mentally disabled who claim they’re picking up KGB transmissions in the fillings of their teeth.

In Jim’s case, the “duty agent” he drew specialized in Gang Violence.  While this is definitely a worthy subject for investigation, it had nothing to do with the matter Jim wanted to talk about.

The agent candidly said he knew nothing about cybercrime.  Which meant he couldn’t give Jim even the barest information about what he might expect to happen after submitting his report.

Fortunately, Jim had thought ahead enough to write up a detailed, three-page report of the cyber attacks he had recently experienced.  He now gave this to the agent.

The agent promised to forward it to the Cybercrime Division.

Jim asked when he might hear from someone there.  The agent said this was highly unlikely.

Jim was surprised.  The agent was in turn surprised that Jim would expect anyone to get back to him.

“I would think,” said Jim, “they would want to ask me a few questions.  And give me some idea as to what was going on in my case.”

The agent said that if the FBI wanted more information, they would contact him.  And, no, they wouldn’t give him any hints about what–if anything–was happening in his case.

That was assuming they chose to investigate it.

No one at the FBI ever contacted Jim.

So if you want to report a crime to the FBI, be prepared to give up a lot of your own privacy beforehand.

And don’t expect to receive even the courtesy of a call-back in exchange for all of it.

REAL IMMIGRATION REFORM

In Bureaucracy, Law, Law Enforcement, Politics, Social commentary, Uncategorized on September 26, 2013 at 12:02 am

If Americans decide they truly want to control access to their own borders, there is a realistic way to accomplish this.

(1) The Justice Department should vigorously attack the “sanctuary movement” that officially thwarts the immigration laws of the United States.

Among the 31 “sanctuary cities” of this country: Washington, D.C.; New York City; Los Angeles; Chicago; San Francisco; Santa Ana; San Diego; Salt Lake City; Phoenix; Dallas; Houston; Austin; Detroit; Jersey City; Minneapolis; Miami; Denver; Baltimore; Seattle; Portland, Oregon; New Haven, Connecticut; and Portland, Maine.

These cities have adopted “sanctuary” ordinances that do not allow municipal funds or resources to be used to enforce federal immigration laws, usually by not allowing police or municipal employees to inquire about one’s immigration status.

(2)  The most effective way to combat this movement: Indict the highest-ranking officials of those cities who have actively violated Federal immigration laws.

In San Francisco, for example, former District Attorney Kamala Harris—who is now California’s Attorney General—created a secret program called Back on Track, which provided training for jobs that illegal aliens could not legally hold.

She also prevented Immigration and Customs Enforcement (ICE) from deporting even those illegal aliens convicted of a felony.

(3) Indicting such officials would be comparable to the way President Andrew Jackson dealt with the threat South Carolinians once made to “nullify” any Federal laws they didn’t like.

Jackson quashed that threat by making one of his own: To lead an army into that State and purge all who dared defy the laws of the Federal Government.

(4) Even if some indicted officials escaped conviction, the results would prove worthwhile. 

City officials would be forced to spend huge sums of their own money for attorneys and face months or even years of prosecution.

And this, in turn, would send a devastating warning to officials in other “sanctuary cities” that the same fate lies in store for them.

(5) CEOs whose companies–like Wal-Mart–systematically employ illegal aliens should be held directly accountable for the actions of their subordinates.

They should be indicted by the Justice Department under the Racketeer Influenced Corrupt Organizations (RICO) Act, the way Mafia bosses are prosecuted for ordering their own subordinates to commit crimes.

Upon conviction, the CEO should be sentenced to a mandatory prison term of at least twenty years.

This would prove a more effective remedy for combating illegal immigration than stationing tens of thousands of soldiers on the U.S./Mexican border. CEOs forced to account for their subordinates’ actions would take drastic steps to ensure that their companies strictly complied with Federal immigration laws.

Without employers luring illegal aliens at a fraction of the money paid to American workers, the flood of such illegal job-seekers would quickly dry up.

(6) The Government should stop granting automatic citizenship to “anchor babies” born to illegal aliens in the United States.

A comparable practice would be allowing bank robbers who had eluded the FBI to keep their illegally-obtained loot.

A person who violates the bank robbery laws of the United States is legally prosecutable for bank robbery, whether he’s immediately arrested or remains uncaught for years. The same should be true for those born illegally within this country.

If they’re not here legally at the time of birth, they should not be considered citizens and should–like their parents–be subject to deportation.

(7) The United States Government–from the President on down–should scrap its apologetic tone on the right to control its national borders.

The Mexican Government doesn’t hesitate to apply strict laws to those immigrating to Mexico. And it feels no need to apologize for this.

Neither should we.

(8) Voting materials and ballots should be published in one language: English. 

In Mexico, voting materials are published in one language–Spanish.

Throughout the United States, millions of Mexican illegals refuse to learn English and yet demand that voting materials and ballots be made available to them in Spanish.

(9) Those who are not legal citizens of the United States should not be allowed to vote in its elections.

In Mexico, those who are not Mexican citizens are not allowed to participate in the country’s elections.

The Mexican Government doesn’t consider itself racist for strictly enforcing its immigration laws.

The United States Government should not consider itself racist for insisting on the right to do the same.

(10)  The United States should impose economic and even military sanctions against countries–such as China and Mexico–whose citizens make up the bulk of illegal aliens. 

Mexico, for example, uses its American border to rid itself of those who might demand major reforms in the country’s political and economic institutions.

Such nations must learn that dumping their unwanteds on the United States now comes at an unaffordably high price.  Otherwise those dumpings will continue.

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.