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ABORTING TRUMP’S CANDIDACY–WHAT MIGHT HAVE BEEN: PART TWO (OF THREE)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on March 7, 2017 at 12:35 am

Even without wiretaps, there were at least four instances when Federal law enforcement authorities could have disqualified Donald Trump as a Presidential candidate–or secured his indictment.

Threatening your political opponents with violence is a crime under Federal law. Yet such threats against his Republican and Democratic opponents played a major role in Trump’s Presidential campaign.

  • Philip Klein, the managing editor of the Washington Examiner,  wrote on the eve of the Republican National Convention in July: “Political commentators now routinely talk about the riots that would break out in Cleveland if Trump were denied the nomination, about how his supporters have guns and all hell could break loose, that they would burn everything to the ground. It works to Trump’s advantage to not try too hard to dispel these notions.”
  • On August 9, 2016, Trump told a rally in Wilmington, North Carolina: “Hillary [Clinton] wants to abolish, essentially abolish, the Second Amendment. If she gets to pick her [Supreme Court] judges, nothing you can do folks. Although the Second Amendment people, maybe there is, I don’t know.”
  • Reacting to Trump’s “dog-whistle” threat against Clinton, Michael Hayden, former head of the CIA and National Security Agency (NSA) said: “Well, let me say if someone else said that outside of the hall, he’d be in the back of a police wagon now, with the Secret Service questioning him.”

Making threats  against anyone under protection by the U.S. Secret Service is a felony. Yet Donald Trump was never held legally accountable by the Justice Department.

Seal of the United States Department of Justice.svg

Threats of violence continued to be made by Trump supporters right up to the day of the election.

Even Fergus Cullen, former chairman of the New Hampshire GOP, expressed fear of what might happen if Trump lost the election:

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Fergus Cullen

“That’s really scary,” Cullen said, recounting the violence at Trump rallies around the country leading up to the Republican National Convention. “In this country, we’ve always had recriminations after one side loses. But we haven’t had riots. We haven’t had mobs that act out with violence against supporters of the other side.

“There’s no telling what his supporters would be willing to do at the slightest encouragement from their candidate,” he said.

Trump even began encouraging his mostly white supporters to sign up online to be “election observers” to stop “Crooked Hillary from rigging this election.” He urged them to act as poll watchers in “other” [non-white] communities to ensure that things are “on the up and up.”

Many of his supporters promised to do so.

“Trump said to watch your precincts. I’m going to go, for sure,” said Steve Webb, a 61-year-old carpenter from Fairfield, Ohio.

“I’ll look for…well, it’s called racial profiling. Mexicans. Syrians. People who can’t speak American,” he said. “I’m going to go right up behind them. I’ll do everything legally. I want to see if they are accountable. I’m not going to do anything illegal. I’m going to make them a little bit nervous.”

Knowing that large numbers of angry–and possibly armed–Right-wingers planned to descend on polling places could only have had a chilling effect on untold numbers of Democratic voters. And this would have been especially true in heavily conservative states.

Both the USA Patriot Act and the Racketeer Influenced Corrupt Organizations (RICO) Act have statutes dealing with making terrorist threats against government institutions to influence their members.

Image result for Official White House photos of George W. Bush signing USA Patriot Act

President George W. Bush signing the USA Patriot Reauthorization Act of 2005

If Trump’s remarks did not violate one or both of those laws, certainly remarks made by his surrogates did.

Thus, the Justice Department could have cited the Patriot Act in indicting Trump and/or any number of his followers for “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.”

The Justice Department could have also demanded that the results of the election be invalidated on the basis that widespread voter and candidate intimidation played a massive role in it.

But of course this did not happen.

ABORTING TRUMP’S CANDIDACY–WHAT MIGHT HAVE BEEN: PART ONE (OF THREE)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on March 6, 2017 at 12:56 am

Future historians–if there are any–may one day write that it’s what didn’t happen that played at least as great a role in electing Donald Trump President as what actually did.

There were at least four instances where intervention by Federal law enforcement authorities could have utterly changed the outcome of the 2016 election.  

And Trump’s completely unsupported accusations that he was illegally wiretapped were not one of those instances.  

On March 4, in a series of unhinged tweets, Trump accused former President Barack Obama of tapping his Trump Tower phones prior to the election:  

“Terrible! Just found out that Obama had my ‘wires tapped’ in Trump Tower just before the victory. Nothing found. This is McCarthyism!”  

“Is it legal for a sitting President to be ‘wire tapping’ a race for president prior to an election? Turned down by court earlier. A NEW LOW!”  

“I’d bet a good lawyer could make a great case out of the fact that President Obama was tapping my phones in October, just prior to Election!”

“How low has President Obama gone to tapp my phones during the very sacred election process. This is Nixon/Watergate. Bad (or sick) guy!”

There are two theories about what prompted Trump’s accusations.

Theory #1: They were prompted by Right-wing media outlets that had been pushing wiretapping claims in recent days. 

On March 2, Right-wing radio host Mark Levin claimed that Obama had used “powers of the federal government to surveil members of the Trump campaign.”

Referring to Attorney General Jeff Sessions and his newly disclosed meetings with Russia’s ambassador last year, Levin asked: “Today’s reporting on Sessions having a chance meeting with the ambassador–where did that information come from? Look at the timing of it. Was Obama surveilling top Trump campaign officials during the election?”  

On March 3, the Fascist media site Breitbart News echoed the charge. Its story was based on Levin’s show and offered no evidence to back up its accusations.

Theory #2: Trump, under scrutiny for ties between his campaign and Russia, sought to deflect attention by making an outrageous accusation.

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Donald Trump

Even without wiretaps, there were at least four instances where intervention by Federal law enforcement authorities could have disqualified Trump as a Presidential candidate and/or secured his indictment.

Case #1:  The Justice Department did not indict Trump and/or the Attorney Generals of Texas and/or Florida for their roles in the Trump University scandal.

  • Florida Attorney General Pam Bondi personally solicited a political contribution from Donald Trump around the same time her office deliberated joining an investigation of alleged fraud at Trump University and its affiliates.
  • After Bondi dropped the Trump University case against Trump, he wrote her a check $25,000 for her re-election campaign. The money came from the Donald J. Trump Foundation.
  • Republican Texas Attorney General Ken Paxton moved to muzzle a former state regulator who says he was ordered in 2010 to drop a fraud investigation into Trump University for political reasons.
  • Paxton’s office issued a cease and desist letter to former Deputy Chief of Consumer Protection John Owens after he made public copies of a 14-page internal summary of the state’s case against Donald Trump for scamming millions from students of his now-defunct real estate seminar.
  • After the Texas case was dropped, Trump cut a $35,000 check to the gubernatorial campaign of then attorney general and now Texas Governor Greg Abbott.

One attorney general who refused to accept money from Trump was New York’s Eric Schneiderman. His decision to press fraud claims against Trump forced the real estate mogul to settle the case out of court for $25 million.

“Today’s $25 million settlement agreement is a stunning reversal by Donald Trump,” said Schneiderman on November 18, “and a major victory for the over 6,000 victims of his fraudulent university.”

There have been no press reports that the Justice Department investigated these cases to determine if Trump violated the Racketeer Influenced Corrupt Organizations (RICO) Act statutes.

If the Justice Department did not investigate these cases, it should have. And if he did violate the RICO statutes, he should have been indicted, even as a Presidential candidate or President-elect.

Even if an indictment had not produced a conviction, the mere bringing of one would have cast an unprecedented cloud over his candidacy–let alone his being sworn in as President. 

Case #2:  The Justice Department did not indict Trump for his series of threats that he made–directly and indirectly–against Republicans and Democrats throughout the 2016 campaign. 

  • On March 16, he warned Republicans that if he didn’t win the GOP nomination in July, his supporters would literally riot: “I think you’d have riots. I think you would see problems like you’ve never seen before. I think bad things would happen. I really do. I wouldn’t lead it, but I think bad things would happen.” 
  • An NBC reporter summed it up as: “The message to Republicans was clear on [March 16]: ‘Nice convention you got there, shame if something happened to it.’” 
  • That Republicans clearly saw this as a threat is undeniable. Paul Ryan, their Speaker of the House, said on March 17: “Nobody should say such things in my opinion because to even address or hint to violence is unacceptable.”

“SCARFACE” AND REAL-LIFE BANKSTERS

In Business, History, Law, Law Enforcement, Social commentary on March 3, 2017 at 10:37 am

It’s a scene familiar to anyone who’s seen Scarface, the 1983 classic starring Al Pacino as a Cuban drug dealer who makes it big in the cocaine business.

Scarface - 1983 film.jpg

Tony Montana (Pacino) is holding court in his Florida estate.  His visitor is a WASP-ish banker.

Bankers as a rule don’t make house calls. But Tony is no ordinary customer–his men literally haul bags full of bills into the bank when making deposits.

Except that now the banker has some unpleasant news for Tony:

We’re not a wholesale operation.  We’re a legitimate bank.  The more cash you give me……the harder it is for me to rinse.

“The fact is I can’t take any more of your money unless I raise the rates on you.”

TONY: You gonna raise…

BANKER: I gotta do it.

BANKER: The IRS is coming….

TONY: Don’t give me that shit! Let’s talk. I’m talking. I go low, you go high. I know the game. This is business talk.

BANKER: Let me explain something. The IRS is coming down heavy on South Florida. There was a Time magazine story that didn’t help. 

There’s a recession. I got stockholders I got to be responsible for.  I got to do it, Tony.

TONY: We’ll go somewhere else.  That’s it.   

BANKER: There’s no place else to go. 

TONY: Fuck you, man! Fuck you! I’ll fly the cash myself to the Bahamas.  BANKER: Once maybe. Then what? You’ll trust some monkey in a Bahamian bank with millions of your hard-earned dollars? Come on, Tony. Don’t be a schmuck. Who else can you trust? That’s why you pay us what you do. You trust us.

Stay with us. You’re a well-liked customer. You’re in good hands with us.

(At this point, movie audiences burst into laughter.  The line, “You’re in good hands with us” seemed directly lifted from the slogan used by Allstate Insurance: “You’re in good hands with Allstate.”)

Now, fast forward to 2014.

A Reuters news story dated May 21, 2014 noted that investigators from the Federal Securities and Exchange Commission (SEC) were probing Charles Schwab and Bank of America Corporations Merrill Lynch brokerage.

The SEC wants to determine if these brokerages violated anti-money laundering rules that require financial institutions to know their customers.

Broker-dealers are required to establish, document and identify customers and verify their identities in compliance with the Bank Secrecy Act.

In 2012, David Cohen, the U.S. Treasury Undersecretary for Terrorism and Financial Intelligence David Cohen, ordered regulators to guarantee that financial institutions are identifying the true beneficial owners of their accounts.

The reason: Drug cartels and terrorist groups have become highly creative in hiding and transferring their illegal funds.

According to sources close to the investigation, Charles Schwab and Merrill accepted shell companies and persons with phony addresses as clients.

In both cases, some of the accounts were eventually linked to drug cartels.  Some of those accounts held hundreds of thousands of dollars; others held millions.

A Texas rancher and Charles Schwab client transferred money to a holding company that was actually a shell company.

Most of the Schwab clients being investigated lived near the Mexican border. Some were linked to Mexican drug cartels.

Click here: Exclusive: SEC probes Schwab, Merrill, for anti-money laundering violations – sources | Reuters

No further stories could be found on the Internet to update the progress of these investigations.

In fact, the government should have assumed long ago that brokerage companies were engaging in such behavior.

As Niccolo Machiavelli warned in The Discourses, his landmark book on how to preserve freedom within a republic:

All those who have written upon civil institutions demonstrate…that whoever desires to found a state and give it laws, must start with assuming that all men are bad and ever ready to display their vicious nature, whenever they may find occasion for it. 

Portrait of Niccolò Machiavelli by Santi di Tito.jpg

Niccolo Machiavelli

If their evil disposition remains concealed for a time, it must be attributed to some unknown reason; and we must assume that it lacked occasion to show itself. 

But time, which has been said to be the father of all truth, does not fail to bring it to light.

Whenever the creating of wealth becomes an end in itself, all other ends are sacrificed to this.

Greed begins in the neurochemistry of the brain. A neurotransmitter called dopamine fuels our greed. The higher the dopamine levels in the brain, the greater the pleasure we experience.

Harvard researcher Hans Breiter has found, via magnetic resonance imaging studies, that the craving for money activates the same regions of the brain as the lust for sex, cocaine or any other pleasure-inducer. 

But snorting the same amount of cocaine, or earning the same sum of money, does not cause dopamine levels to increase. So the pleasure-seeker must increase the amount of stimuli to keep enjoying the euphoria.

Federal investigators need to view large concentrations of wealth as sources for at least potential corruption.

And they should ruthlessly–and routinely–investigate those sources, whether in the vaults of the Mafia or of major financial institutions.

THE SIX DEADLY FLAWS IN “OBAMACARE”: PART THREE (END)

In Bureaucracy, History, Law, Medical, Politics, Social commentary on March 2, 2017 at 12:11 am

President Barack Obama was often accused of playing ruthless “Chicago politics” by his Republican enemies. But Obama’s biggest mistake lay not in cynicism but misplaced idealism.

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

The Affordable Care Act (ACA) requires employers to provide insurance for part-time employees who work more than 30 hours per week. Yet many employers claimed–without having to offer proof–that they couldn’t afford it.

So they limited part-time workers’ hours to 29 per week instead.

Obama was clearly surprised at this. But he shouldn’t have been.

Greed-fueled businessmen always try to avoid complying with the law–or achieve minimum compliance with it.

The Act doesn’t penalize companies for not providing health insurance coverage for part-time employees who work fewer than 30 hours.

Predictably, employers:

  • Moved fulltime workers into part-time positions;
  • Refused to provide their employees with medical insurance; and
  • Avoided fines for non-compliance with the law.

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

One was John Schnatter, CEO of Papa John’s Pizza, who said:

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

 John Schnatter

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

Thus, President Obama should have required all employers to provide insurance coverage for all of their employees, regardless of their fulltime or part-time status.  

This would have produced two substantial benefits:

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

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

If Obama considered this option, he decided against pressing for it.

Obama Mistake No. 6: Failing to closely study his proposed legislation.

Throughout his campaign to win support for the ACA, Obama had repeatedly promised: “If you like your health insurance plan, you can keep your plan. If you like your doctor, you can keep your doctor. Period.”

But the 906 pages of the law held a fatal catch for the President’s own credibility.

The law stated that those who already had medical insurance could keep their plans–so long as those plans met the requirements of the new healthcare law.

If their plans didn’t meet those requirements, they would have to obtain coverage that did.

But many Americans wanted to keep their current plan–even if it did not provide the fullest possible coverage.

Suddenly, the President found himself facing a PR nightmare–charged and ridiculed as a liar.

Even Jon Stewart, who on “The Daily Show,” had supported the implementation of “Obamacare,” ran footage of Obama’s “you can keep your doctor” promise.

Jon Stewart

The implication: You said we could keep our plan/doctor. Since we can’t, you must be a liar.

All of which points to a final warning offered by Niccolo Machiavelli: Whence it may be seen that hatred is gained as much by good works as by evil….  

Former Democratic Presidential nominee Hillary Clinton said that, if she were elected, she would seek incremental changes in the ACA. That possibility became moot when she lost the 2016 election to Donald Trump.

Vermont U.S. Senator Bernie Sanders, on the other hand, wants a single-payer plan.

A single-payer plan would prove simpler and more comprehensive than the ACA. But the chances of its passing a Republican-dominated Congress are absolutely zero.

The election of Donald Trump seems to have finally doomed the ACA–except for one thing: Since it became law, in 2010, 22 million Americans who had never before obtained healthcare insurance now have it.

This includes even Republicans who voted for Trump–without realizing they would be losing their only tie to medical care.  And now many of them are finally realizing this truth.

Thus, Republicans in the House and Senate now find themselves besieged by angry constituents at town hall meetings.

These Republicans care nothing for Americans who would be left without medical care. But they do care about their own futures–as members of Congress.

This has led to three schisms among Republicans:

  • Those who still demand the complete repeal of “Obamacare.”
  • Those who want the Act repealed and then replaced with an entirely different healthcare plan–which Republicans have yet to agree on. Developing this could literally take years–during which time former ACA members would have no insurance.
  • Those who want Republicans to first create an alternative healthcare plan, win its Congressional approval, and then repeal the Act.

Republicans expect Democrats to sign on with their “Obamacare replacement plan.” But Democrats have made it clear: “You repeal it, you’re on your own in replacing it.”

Republicans spent eight years demanding the repeal of “Obamacare.” But now they fear that its repeal will lead to the repeal of their own political ambitions.

THE SIX DEADLY FLAWS IN “OBAMACARE”: PART TWO (OF THREE)

In Bureaucracy, History, Law, Medical, Politics, Social commentary on March 1, 2017 at 12:26 am

President Barack 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 said in The Prince on the matter of love versus fear:

From this arises the question whether it is better to be loved or feared, or feared more than love. 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….

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.

Finally, warns Machiavelli, a leader should not allow a threat to go unchecked. The motive for this is usually the hope of avoiding conflict  And the result is usually catastrophe.

A man 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.

For Obama, such a moment came in 2011, when House Republicans threatened to to destroy the credit rating of the United States unless the President agreed to scrap Obamacare.

Obama, a former attorney, heatedly denounced House Republicans for “extortion” and “blackmail.”

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

Among the crimes that can be prosecuted by Justice Department attorneys under RICO: 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.”  

And if President Obama didn’t believe that RICO was sufficient to deal with extortionate behavior, he could have ordered the Justice Department to cite the USA Patriot Act, passed in the wake of 9/11.

In Section 802, among the behaviors that are defined as domestic terrorism: “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.”

Activities such as threatening to destroy the financial stability of the United States.

The remedies for punishing such criminal behavior were legally in place. President Obama could have directed the Justice Department to apply them.

If violations had been discovered, indictments could have quickly followed–and then prosecutions. The results of such action could be easily predicted:

  • Facing lengthy prison terms, those indicted Republicans would have first had to lawyer-up.
  • This would have imposed huge monetary costs on them, since good criminal attorneys don’t come cheap.
  • Obsessed with their personal survival, they would have had little time to engage in more of the same thuggish behavior that got them indicted. In fact, doing so would have only made their convictions more likely.
  • Those Republicans who hadn’t (yet) been indicted would have feared; “I could be next.” This would have produced a chilling effect on their willingness to engage in further acts of subversion and extortion.
  • The effect on Right-wing Republicans would have been the same as that of President Ronald 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 have been a long time before Republicans dared to engage in such behavior–at least, while Obama held office.

So: Why didn’t President Obama act to punish such criminal conduct?

Obama Mistake No. 4: He allowed himself to be cowed by his enemies.

In The Prince, Machiavelli laid out the qualities that a successful ruler should avoid–

He is rendered despicable by being thought changeable, frivolous, effeminate, timid and irresolute–which a prince must guard against as a rock of danger….  

–and possess: 

As to the government of his subjects, let his sentence be irrevocable, and let him adhere to his decisions so that no one may think of deceiving or cozening him.

Niccolo Machiavelli

On July 2, 2013, the Treasury Department announced a major change in the application of the Affordable Care Act:

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

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

And the Republican response?

On July 30, 2013, House Republicans voted to sue the President for failing to enforce the Affordable Care Act–which they had voted 54 times to repeal, delay or change.

As Machiavelli warned: Timidity invites contempt–and aggression.

THE SIX DEADLY FLAWS IN “OBAMACARE”: PART ONE (OF THREE)

In Bureaucracy, History, Law, Medical, Politics, Social commentary on February 28, 2017 at 12:13 am

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

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

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

President Barack Obama

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

Yet, his signature plan to give every American access to healthcare, the Affordable Care Act–universally known as “Obamacare”–remains stricken with dangerous flaws.

So where did he go wrong?

Several ways–in all, at least six.

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

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

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

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

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

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

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

The results were:

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

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

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

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

Niccolo Machiavelli

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

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

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

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

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

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

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

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

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

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

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

President 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 said in The Prince on the matter of love versus fear:

From this arises the question whether it is better to be loved or feared, or feared more than love. 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.

TO HYPOCRISY–AND BEYOND

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on February 17, 2017 at 11:00 am

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.”  

And to make certain his audience got the point, he offered: “I have said that Mexico does not stop at its border, that wherever there is a Mexican, there is Mexico.”

The hypocrisy of Calderon’s words was staggering.

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

This literally means “the race” or “the people.” Its meaning varies among Spanish-speaking peoples. 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. 

Other races need not apply.

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

From a purely political viewpoint, it’s makes sense that Calderon didn’t say anything about this.

From a viewpoint of fairness and common sense, his refusal to do so smacks of the vilest hypocrisy.

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

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

The law also ensures that:

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

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

Anyone who doubts the overwhelming need for such reforms need only read Murder City: Ciudad Juarez and the Global Economy’s New Killing Fields.  

Written by Investigative Reporter Charles Bowden and published in 2010, Murder City offers a terrifying, almost lethally depressing portrait of what happens when a city–and a country–disintegrates.

Among the casualties of Mexico’s drug-trafficking cartels: 

  • Mexican police pay big bribes to be assigned to narcotics enforcement squads. The reason: Not to suppress the rampant drug trafficking but to enrich themselves by seizing and selling those narcotics. 
  • Residents awaken at dawn to find bodies of the drug cartels’ latest victims dumped on streets–their hands, feet and mouths bound with silver and gray duct tape. 
  • Mexican policewomen are often snatched off the streets and raped–by members of the Mexican Army. Honest policemen–and even police chiefs–are routinely gunned down by cartel members.
  • Members of drug cartels live like kings–until violence catches up with them.
  • Their bribes and violence have corrupted all branches of the Mexican government, military and police forces.
  • Ordinary Mexicans live in grinding poverty, thanks to American factories paying starvation wages

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

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

A Mexican Revolution firing squad

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

Francisco “Pancho” Villa

Emiliano Zapata

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

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

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

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

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

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

ASK WHAT YOU CAN DO FOR YOUR PRESIDENT: PART TWO (END)

In Bureaucracy, Business, History, Law, Politics, Social commentary on February 15, 2017 at 1:50 pm

President Donald Trump was furious.

Nordstrom department store had just dared to drop the clothing and accessories lines of his daughter, Ivanka.

So, true to form, on February 8 he took to Twitter to vent his displeasure: “My daughter Ivanka has been treated so unfairly by @Nordstrom. She is a great person — always pushing me to do the right thing! Terrible!”

Donald Trump official portrait.jpg

Donald Trump

He used his personal Twitter account–@realDonaldTrump–to send this message. In fact, he sent it 21 minutes into his daily Intelligence briefing.

Still not satisfied, he retweeted his attack on Nordstrom on his official POTUS (President of the United States) Twitter account.  

In short, he used a taxpayer-funded account to benefit his daughter.

Not content to attack Nordstrom by himself, Trump enlisted other members of his administration as assailants.

One of these was his press secretary, Sean Spicer:

“There’s a targeting of her brand and it’s her name. She’s not directly running the company. It’s still her name on it. There are clearly efforts to undermine that name based on her father’s positions on particular policies that he’s taken. This is a direct attack on his policies and her name. Her because she is being maligned because they have a problem with his policies.”

Sean Spicer.jpg

Sean Spicer

Nordstrom retorted that its decision to drop the Ivanka Trump line was “based on performance.”

“Over the past year, and particularly in the last half of 2016, sales of the brand have steadily declined to the point where it didn’t make good business sense for us to continue with the line for now.

“We’ve had a great relationship with the Ivanka Trump team. We’ve had open conversations with them over the past year to share what we’ve seen and Ivanka was personally informed of our decision in early January.”

But for the Trumpinistas, that wasn’t the end of it.

On Februrary 9, Kelleyanne Conway, a senior adviser to Trump, became a TV shill for Ivanka.

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Kelleyanne Conway

Appearing on the Right-wing Fox News Channel program, “Fox and Friends,” Kelleyanne spoke from no less prestigious a forum than the White House itself:

“Go buy Ivanka’s stuff. I hate shopping and I’m going to go get some myself today. It’s a wonderful line. I own some of it. I’m going to give a free commercial here. Go buy it today, everybody. You can find it online.”

For Democrats and even some Republicans, Conway’s behavior was simply unacceptable.

Maryland Democratic Congressman Elijah E. Cummings, a member of the the House Committee on Oversight and Government Reform, sent a letter to Utah Republican Congressman Jason Chaffetz, who chairs the committee.

In it, he requested a referral to the Office of Government Ethics for possible disciplinary action against Conway. 

The office does not have investigative or enforcement authority, but officials there can contact and provide guidance to other enforcement agencies.

Chaffetz told the Associated Press that Conway’s behavior was “wrong, wrong, wrong, clearly over the line, unacceptable.”

Larry Noble, the general counsel of the Campaign Legal Center, a nonpartisan organization of election law experts, said Trump’s tweet was “totally out of line.”

“He should not be promoting his daughter’s line, he should not be attacking a company that has business dealings with his daughter, and it just shows the massive amount of problems we have with his business holdings and his family’s business holdings,” Noble said.

Kathleen Clark, a government ethics expert, said the Nordstrom tweet could make other retailers hesitate to drop the Ivanka Trump brand. They may fear being similarly attacked by the President.

“The implicit threat was that he will use whatever authority he has to retaliate against Nordstrom, or anyone who crosses his interest,” said Clark, a law professor at Washington University in St. Louis.

* * * * *

In 1969, 25-year-old Joe McGinnis became famous overnight with the publication of his first book, The Selling of the President. 

At the time, Americans were shocked to learn how Presidential candidate Richard Nixon had been sold to voters like any other product. In fact, the original book jacket featured Nixon’s face on a pack of cigarettes. 

Today, Madison Avenue doesn’t simply sell Americans their Presidents. Now–with Donald J. Trump–Americans have a President determined to turn the White House into Trump, Inc. 

A single example will serve to illustrate: 

On January 27, Trump signed an executive order that:

  • Suspends entry of all refugees to the United States for 120 days;
  • Bars Syrian refugees indefinitely; and
  • Blocks entry into the United States for 90 days for citizens of Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen.

Three countries not covered by Trump’s travel ban are Saudi Arabia, the United Arab Emirates, Egypt, and Turkey.

Approximately 3,000 Americans have been killed by immigrants from these countries–most of them during the attacks on the Pentagon and World Trade Center on September 11, 2001.

Saudi Arabia, the United Arab Emirates, Egypt, and Turkey are all countries where President Trump has close business ties. His properties include two luxury towers in Turkey and golf courses in the United Arab Emirates.

The full dimensions of Trump’s holdings throughout the Middle East aren’t known because he has refused to release his tax returns.

ASK WHAT YOU CAN DO FOR YOUR PRESIDENT: PART ONE (OF TWO)

In Bureaucracy, Business, History, Law, Politics, Social commentary on February 13, 2017 at 2:33 am

Fifty-six years after John F. Kennedy gave his first and only Inaugural Address, these words remain its single most-quoted sentence: “Ask not what your country can do for you; ask what you can do for your country.”

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John F. Kennedy Inaugural

So millions of Americans who were alive that day–January 20, 1961–were probably shocked when they learned that Melania Trump had a very different view of government service.

On August 20, 2016, The Daily Mail, a British tabloid, published a story accusing her of having once worked as a prostitute.

The newspaper cited a Slovenian magazine’s report that a modeling agency that she worked with in New York in the 1990s also served as an escort business, linking wealthy clients with women for sexual services.

On September 1, Melania sued The Daily Mail in a state court in Montgomery County, Maryland. In early 2017, the Maryland court dismissed the case, saying it did not have jurisdiction.

On February 6, 2017, Melania filed another libel suit against The Daily Mail in the Manhattan Supreme Court.

Required to prove that she had been harmed in some way, Melania did not cite undeserved shame or how much her family and friends had been hurt.

Instead, she argued that the article had ruined her “once-in-a-lifetime opportunity” to cash in on the Presidency.

Melania Trump

Melania Trump

According to the complaint that her attorney filed:

”Plaintiff had the unique, once-in-a-lifetime opportunity, as an extremely famous and well-known person…to launch a broad-based commercial brand in multiple product categories, each of which could have garnered multi-million dollar business relationships for a multi-year term during which plaintiff is one of the most photographed women in the world,” the Manhattan suit says.

“These product categories would have included, among other things, apparel, accessories, shoes, jewelry, cosmetics, hair care, skin care and fragrance.

“The [statements] also constitute defamation per se because they impugned on her fitness to perform her duties as First Lady of the United States,” the suit alleges.

Melania is alleging $150 million in damages.

Enter the Emoluments Clause.

This is a United States government law that specifically forbids any leader from using government services to “enrich” the President and his family.

Among the greatest dangers facing the newly-created American government, feared the Founding Fathers, was foreign interference. And this could be obtained through the use of bribes–money or gifts.

The Founding Fathers of the United States

To prevent this, the Founders inserted the Emoluments Clause into Article I, Section 9 of the United States Constitution:

“No title of nobility shall be granted by the United States: and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.”

This illustrates one of the dangers of bringing a libel or slander suit.

(NOTE: Libel is a written defamation; slander is a spoken one)

Whoever brings the suit must open himself to unprecedented privacy-invading questions. And, in answering them, he may unintentionally give away revelations that can prove highly damaging.

Such as the revelation–in Melania Trump’s case–that, from the outset, she intended to use her position as First Lady to enrich herself.

Another Trump seeking to find out “what the country can do for you” is the President’s daughter, Ivanka.

Starting in 2016, Shannon Coulter, a brand and digital strategist, started the Grab Your Wallet boycott aimed at more than 30 retailers who carry Ivanka’s line of fashion apparel.

Image result for Images of Grab Your Wallet campaign

Among the retailers targeted:

  • Amazon.com
  • Belk
  • Bloomingdale’s
  • Bed, Bath and Beyond
  • Burlington Coat Factory
  • Century 21
  • DSW
  • Macy’s
  • Marshalls
  • TJ Maxx
  • Neiman Marcus
  • Nordstrom
  • Overstock.com
  • Ross
  • Saks Off Fifth
  • Sears
  • Walmart
  • Zappos

During the first week of February, Nordstrom told The Seattle Times that it would no longer carry Ivanka Trump’s line of clothing and accessories.

Nordstrom said the decision to drop Ivanka Trump’s line was based on poor sales performance.

“We’ve got thousands of brands,” said a Nordstrom spokesman. “Each year we cut about 10 percent and refresh our assortment with about the same amount. In this case, based on the brand’s performance we’ve decided not to buy it for this season.”

President Trump had often boasted that he would defend the free enterprise system against an intrusive Federal government.

But for a major department store to drop his daughter’s clothing line was too much.

Turning to Twitter, his favorite weapon of insult, the President tweeted: “My daughter Ivanka has been treated so unfairly by @Nordstrom. She is a great person — always pushing me to do the right thing! Terrible!”

Trump drafted other members of his administration to attack Nordstrom.

One of these was White House Press Secretary Sean Spicer.

Spicer said that the store’s decision to stop carrying Ivanka Trump’s clothing and accessories line was nothing less than an attack on the president’s policies and his daughter.

“”I think this is less about his family’s business and an attack on his daughter. He ran for President, he won, he’s leading this country.

“I think for people to take out their concern about his actions or his executive orders on members of his family, he has every right to stand up for his family and applaud their business activities, their success.”

But even more was to come.

“WORKING TOWARDS THE PRESIDENT”: PART TWO (END)

In Bureaucracy, Business, History, Law, Law Enforcement, Politics, Social commentary on February 1, 2017 at 12:01 am

In Stalingrad, a 1993 war movie, a platoon of German Army soldiers leaves behind the beaches and beauties of Italy and find themselves fighting desperately to stay alive in Russia.

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Early in the film, there is an exchange that has its real-life counterpart almost 75 years later.

A young, idealistic German lieutenant, newly transferred to the Russian front, is horrified when he sees a fellow soldier from another unit sadistically beat a Russian prisoner to death.

He seeks out the man’s superior, a captain, and says: “Captain, I must protest about the behavior of your men.”

“You want to protest?” asks the captain, grinning sardonically. “Tell the Fuhrer.”

Fast forward to January 28, 2017, the day after President Donald J. Trump signed into law an executive order which:

  • Suspended entry of all refugees to the United States for 120 days;
  • Barred Syrian refugees indefinitely;, and
  • Blocked entry into the United States for 90 days for citizens from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen.

The new rules–and the efforts of security personnel at major international airports to enforce them–triggered a tsunami of chaos and fear among travelers.

“We’ve gotten reports of people being detained all over the country,” said Becca Heller, the director of the International Refugee Assistance Project. “They’re literally pouring in by the minute.”

Refugees on flights when the order was signed on January 27 were detained upon arrival.

Many students attending American universities were blocked from returning to the United States from visits abroad.

Image result for Images of "Trump is poised to sign an Executive Order...."

According to Homeland Security officials, 109 people who were already in transit to the United States when the order was signed were denied access; 173 were stopped before boarding planes heading to America. Eighty-one people who were stopped were eventually given waivers to enter the United States.

Internationally, travelers were seized by panic when they were not allowed  to board flights to the United States. In Dubai and Istanbul, airport and immigration officials turned passengers away at boarding gates. At least one family was removed from a flight it had boarded.

Earlier on January 28, Trump, isolated in the White House from all the chaos he had unleashed in airports across the nation and throughout the world, said:

“It’s not a Muslim ban, but we were totally prepared. It’s working out very nicely. You see it at the airports, you see it all over.”

Then the American Civil Liberties Union intervened.

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Two Iraqi immigrants, defended by the ACLU, accused Trump of legal and constitutional overreach.

The Iraqis had been detained at John F. Kennedy International Airport in New York City.  One had served as an interpreter for American forces in Iraq for a decade. The other was en route to reunite with his wife and son in Texas.

The interpreter, Hameed Khalid Darweesh, was released after nearly 19 hours of detention. So was the other traveler, Haider Sameer Abdulkhaleq Alshawi.

Before the two men were released, one of their lawyers, Mark Doss, a supervising attorney at the International Refugee Assistance Project, asked an official, “Who is the person we need to talk to?”

“Call Mr. Trump,” said the official, who refused to identify himself.

He might just as well have said: “You want to protest? Tell the Fuhrer.”

The ACLU action secured at least a temporary blocking of part of Trump’s order. A Brooklyn judge barred the government from deporting some arrivals who found themselves ensnared by the Presidential order.

Judge Ann M. Donnelly of the Federal District Court in Brooklyn, ruled that sending the travelers home could cause them “irreparable harm.” She said the government was “enjoined and restrained from, in any manner and by any means, removing individuals” who had arrived in the United States with valid visas or refugee status.

But she did not force the administration to let in people otherwise blocked by the executive order who have not yet traveled to the United States. Nor did she issue a broader ruling on the constitutionality of the order.

* * * * *

On November 8, millions of ignorant, hate-filled, Right-wing Americans elected Donald Trump–a man reflecting their own hate and ignorance–to the Presidency.

Summing up Trump’s character in a March 25, 2016 broadcast of The PBS Newshour, conservative political columnist David Brooks warned: “The odd thing about [Trump’s] whole career and his whole language, his whole world view is there is no room for love in it.  You get a sense of a man who received no love, can give no love…. 

And so you really are seeing someone who just has an odd psychology unleavened by kindness and charity, but where it’s all winners and losers, beating and being beat. And that’s part of the authoritarian personality.”

There were countless warning signs available for Trump’s supporters to see–if they had wanted to see them:  

  • His threats against his political opponents;
  • His five-year “birtherism” slander against President Obama–which even he was forced to disavow;
  • His rampant egomania;
  • His attacks on everyone who dared to disagree with him;
  • His refusal to release his tax returns;
  • His history of bankruptcies and lawsuits filed against him;
  • His bragging about sexually abusing women (“Grab them by the pussy”).

Those who voted against Trump are now learning the meaning of the Nazi slogan: “The Fuhrer proposes and disposes for all.”