bureaucracybusters

Archive for the ‘Law’ Category

WHEN COPS ARE LAWBREAKERS: PART TWO (END)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on December 18, 2015 at 12:26 am

Freddie Gray’s tally of arrests came to at least 18.

But on April 12, he was arrested for what would be the final time.

That arrest would lead to Gray’s death and scandal for the Baltimore Police Department.

On May 1, Marilyn Mosby, Baltimore’s chief deputy prosecutor at the State’s Attorney office, publicly released the findings of her agency in the Gray case:

  • “The knife was not a switchblade and is lawful under Maryland law.” [Police had claimed it was a switchblade.]
  • “Lt. Rice, Officer Miller and Officer Nero failed to establish probable cause for Mr. Gray’s arrest as no crime had been committed by Mr. Gray. Accordingly Lt. Rice Officer MIller and Office Nero illegally arrested Mr. Gray.”
  • “Lt. Rice Officer Miller and Officer Nero loaded Mr. Gray into the wagon and at no point was he secured by a seatbelt while in the wagon contrary to a BPD [Baltimore Police Department] general order.”
  • “…Mr. Gray suffered a severe and critical neck injury as a result of being handcuffed, shackled by his feet and unrestrained inside of the BPD wagon.”
  • “Despite stopping for the purpose of checking on Mr. Gray’s condition, at no point did [Officer Goodson] seek nor did he render any medical assistance for Mr. Gray.”
  • “Mr. Gray…requested help and indicated that he could not breathe. Officer Porter asked Mr. Gray if he needed a medic at which time Mr. Gray indicated at least twice that he was in need of a medic.”

Marilyn Mosby

  • “…Despite Mr. Gray’s appeal for a medic, both officers [William Porter, Caesar Goodson] assessed Mr. Gray’s condition and at no point did either of them….render or request medical assistance.”
  • “Sgt. [Alicia] White….spoke to the back of Mr. Gray’s head. When he did not respond, she did nothing further despite the fact that she was advised that he needed a medic. She made no effort to look or assess or determine his condition.”
  • “Despite Mr. Gray’s seriously deteriorating medical condition, no medical assistance was rendered or summoned for Mr. Gray at that time by any officer.”
  • “By the time Officer Zachary Novak and Sgt. White attempted to remove Mr. Gray from the wagon, Mr. Gray was no longer breathing at all.”
  • “A medic was finally called to the scene where upon arrival, the medic determined Mr. Gray was now in cardiac arrest and was critically and severely injured.”
  • “Mr. Gray was rushed to the University of Maryland Shock Trauma where he underwent surgery. On April 19, 2015, Mr. Gray succumbed to his injuries and was pronounced dead.”
  • “The manner of death deemed homicide by the Maryland Medical Examiner is believed to be the result of a fatal injury that occurred while Mr. Gray was unrestrained by a seatbelt in custody of the Baltimore Police Department wagon.

After presenting her findings, Mosby then outlined the criminal charges her office was bringing against the officers involved:

  • Officer Caesar Goodson Jr., 45: Second-degree depraved murder, manslaughter, second-degree assault, two counts of vehicular manslaughter charges and misconduct in office.
  • Officer William Porter, 25: Involuntary manslaughter, second-degree assault and misconduct in office.
  • Brian Rice, 41: Involuntary manslaughter, two counts of second-degree assault, two counts of misconduct in office and false imprisonment.
  • Officer Edward Nero, 29: Two counts of second-degree assault, two counts of misconduct in office and false imprisonment.
  • Officer Garrett Miller, 26: Two counts of second-degree assault, two counts of misconduct in office and one false imprisonment charge.
  • Alicia White, 30: Involuntary manslaughter, second-degree assault and misconduct in office.

* * * * *

On December 16, Baltimore City Circuit Court Judge Barry Williams declared a mistrial in the trial of William Porter, the first of the six Baltimore police officers charged in  Gray’s death.

For 16 hours, the jury had deliberated on whether Porter was guilty of involuntary manslaughter. After jurors reported they were deadlocked on all charges,  Judge Williams said an administrative judge would set a new trial date as early as December 17.

The Freddie Gray case has polarized Baltimore–and America.

On the Left–and especially among blacks–are those who believe Gray was an innocent victim of police oppression.

“Even if he was guilty of dealing and using narcotics,” they say, “the anti-drug laws are a stupid waste of police resources.”

On the Right are those who steadfastly defend all police actions, including the most brutal and lawless.

“Even if the cops were guilty of brutality and/or negligence,” they say, “so what?  A career criminal won’t ply his trade anymore.”

Both sides are wrong.

Until the anti-drug laws are repealed, they are legal and will continue to be enforced.  Freddie Gray knew this better than most.

But police who employ illegal methods to enforce the law risk losing not only the cases they want to bring but their own careers as well.  They also invite contempt and hatred for their own police agencies and law enforcement in general.

Such officers who cause death or injury by unjustified brutality and/or negligence must be held accountable.

That has long been considered the difference between the FBI and the KGB. 

There is a difference between supporting the legal actions of police—and living in a police state.  

America’s citizens have the right to expect protection from crime–whether committed by civilian criminals or those wearing police uniforms.

WHEN COPS ARE LAWBREAKERS: PART ONE (OF TWO)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on December 17, 2015 at 12:43 am

Leave out his name for a moment.  Then consider the following:

His biography includes at least 18 arrests:

  • July 16, 2007: Possession of a controlled dangerous substance with intent to distribute, unlawful possession of a controlled dangerous substance (2 counts)
  • August 23, 2007: False statement to a peace officer, unlawful possession of a controlled dangerous substance
  • August 28, 2007: Possession of marijuana
  • August 29, 2007: Possession of a controlled dangerous substance with intent to distribute, violation of probation
  • February 11, 2008: Unlawful possession of a controlled dangerous substance, possession of a controlled dangerous substance
  • March 14, 2008: Possession of a controlled dangerous substance with intent to manufacture and distribute
  • March 28, 2008: Unlawful possession of a controlled dangerous substance
  • July 16, 2008: Possession of a controlled dangerous substance, possession with intent to distribute
  • April 13, 2012: Possession of a controlled dangerous substance with intent to distribute, unlawful possession of a controlled dangerous substance, violation of probation
  • September 28, 2013: Distribution of narcotics, unlawful possession of a controlled dangerous substance, second-degree assault, second-degree escape
  • January 25, 2014: Possession of marijuana
  • August 31, 2014: Illegal gambling, trespassing
  • December 14, 2014: Possession of a controlled dangerous substance
  • December 31, 2014: Possession of narcotics with intent to distribute
  • January 14, 2015: Possession of a controlled dangerous substance, possession of a controlled dangerous substance with intent to distribute
  • January 20, 2015: Fourth-degree burglary, trespassing
  • March 13, 2015: Malicious destruction of property, second-degree assault
  • March 20, 2015: Possession of a Controlled Dangerous Substance

His criminal record was one of drug charges and minor crimes.  He was involved in 20 criminal court cases–five were still active at the time of his death.

In February 2009, he was sentenced to four years in prison for two counts of drug possession with intent to deliver and was paroled in 2011–after serving only two.

In 2012, he was arrested for violating parole but was not sent back to prison.

In 2013, he returned to prison for a month before being released again.

He was due in court on a drug possession charge on April 24.

Who was he?

He was Freddie Gray, the 25-year-old black man who spent seven days in a coma after he suffered injuries while in the custody of Baltimore police.

Click here: Freddie Gray Arrest Record, Criminal History & Rap Sheet

Freddie Gray

His last arrest came on April 12.

While being transported in a police van to the police station, Gray fell into a coma and was taken to a trauma center.  He died on April 19, owing to a broken neck.

On April 21, the six Baltimore police officers involved in his arrest were temporarily suspended with pay while an investigation occurred.

According to the police account of Gray’s arrest:

On April 12, at 8:39 A.M. Lieutenant Brian W. Rice, Officer Edward Nero, and Officer Garrett E. Miller were patrolling on bicycles and “made eye contact” with Gray.

According to Miller, Gray, “unprovoked upon noticing police presence,” fled on foot.

After a brief foot chase, he was caught and arrested “without the use of force or incident,” according to  Miller.

Miller further wrote that:

  • He “noticed a knife clipped to the inside of his [Gray’s] front right pocket”; and
  • Gray “did unlawfully carry, possess, and sell a knife commonly known as a switch blade knife, with an automatic spring or other device for opening and/or closing the blade within the limits of Baltimore City. The knife was recovered by this officer and found to be a spring assisted one hand operated knife.”

A witness to Gray’s arrest have since stated that the police were “folding” Gray.  That is: One officer was bending Gray’s legs backwards, while another was pressing a knee into Gray’s neck.

A second witness claimed to have seen Gray being beaten with police batons.

On April 24, Baltimore Police Commissioner Anthony Batts said, “We know our police employees failed to get him medical attention in a timely manner multiple times.”

He also admitted that his officers had failed to buckle Gray in the van–standard police procedure–before he was transported to the police station.

News reports have raised the possibility that Gray was treated to a “rough ride”–where a handcuffed prisoner is placed without a seatbelt in a vehicle deliberately driven over rough roads at high speed as an unofficial punishment.

Inside a typical police van

And Gray had clearly had enough run-ins with the law to be known to police as a habitual criminal.

In fact, medical examiners reported Gray sustained more injuries by slamming around inside the van, “apparently breaking his neck; a head injury he sustained matches a bolt in the back of the van.”

But even worse findings were to come for the officers involved.

On May 2, the Baltimore Sun broke the story that, of the six policemen involved with Gray’s arrest, Brian Rice—the highest ranking officer—had seven guns confiscated by sheriff’s deputies in April, 2012.

He had also been temporarily removed from duty–over concerns about his mental health.

Click here: Lieutenant Brian Rice charged in Freddie Gray death had weapons seized in 2012 – Baltimore Sun

But that was merely embarrassing.  What happened on May 1 was life-changing.

THE QUEEN OF GREED

In Bureaucracy, Business, History, Law, Politics, Social commentary on November 27, 2015 at 11:55 am

“Thirty years after her death, Ayn Rand’s ideas have never been more important.

“Unfettered capitalism, unregulated business, bare-bones government providing no social services, glorification of selfishness, disdain for Judeo-Christian morality—these are the tenets of Rand’s harsh philosophy.”

So reads the jacket blurb for Ayn Rand Nation: The Struggle for America’s Soul, by Gary Weiss.

“The timing of this book couldn’t be better for Americans who are trying to understand where in the hell the far-out right’s anti-worker, anti-egalitarian extremism is coming from,” asserts Jim Hightower, New York Times bestselling author of Thieves in High Places.

Ayn Rand Nation introduces us to the godmother of such Tea Party craziness as destroying Social Security and eliminating Wall Street regulation. Weiss writes with perception and wit.”

For those who believe that Rand’s philosophy is the remedy for America’s economic and social ills, a 2013 60 Minutes news story sounds a warning.

New England Compounding Center (NECC) pharmacy, based in Framington, Massachusetts, is under criminal investigation.  The reason: Shipping, in the fall of 2012, 17,000 vials of a steroid to be injected into the joints or spines of patients suffering chronic pain.

But instead of relieving pain, this steroid–contaminated with fungal meningitis–brought only agony and death.

The vials went out to thousands of pharmacies scattered across 23 states.

Forty-eight people have died, and 720 are still fighting horrific infections caused by the drug.

Just as Ayn Rand would have wanted, the pharmacy managed to avoid supervision by the Food and Drug Administration (FDA).

NECC was one of thousands of pharmacies that Congress exempted from FDA oversight. The reason: By law, they are allowed to make custom drugs for just one patient at a time.

But within a few years, NECC went national–and vastly expanded the quantities of drugs produced.

“The underlying factor is that the company got greedy and overextended and we got sloppy, and something happened,” John Connolly, a lab technician for the company, told 60 Minutes, the CBS news magazine.

And, also as Rand would have wanted, the four family members who founded the pharmacy were enriched by it–receiving over $16 million in wages and profits, from December 2011 through November 2012.

Bankruptcy records show the family members racked up $90,000 on corporate American Express credit cards, including charges made after the company shut down in early October.

A month before the first steroid death, Connolly says he warned his supervisor: “Something’s gonna happen, something’s gonna get missed and we’re gonna get shut down.”

His supervisor just shrugged.

NECC was shut down by the authorities.  Barry Cadden, the president and lead pharmacist of the company, was subpoenaed by Congress to testify.  In true gangster fashion, he pleaded the Fifth.

He claimed he didn’t know how the contamination started.

In May, 2015, a federal bankruptcy judge approved the establishment of a $200 million compensation fund for victims of the meningitis outbreak.

This would have outraged Ayn Rand, who believed that greed was sacred–and should not be punished, whatever its consequences.

Which brings us back to Ayn Rand Nation.

Among the themes explored in Weiss’ book:

  • Atlas Shrugged–Rand’s 1957 novel–depicts a United States where many of society’s most productive citizens refuse to be exploited by increasing taxation and government regulations and go on strike. The refusal evokes the imagery of what would happen if the mythological Atlas refused to continue to hold up the world.  The novel continues to influence those who aren’t hard-core Rand followers, who are known as Objectivists.
  • Ayn Rand’s novels dramatically affirm such bedrock American values as independence, creativity, self-reliance, and above all, a permanent distrust of government.
  • In Rand’s 1936 novel, We the Living–set in Soviet Russia–her heroine, Kira Argounova, tells a Communist: “I loathe your ideals; I admire your methods.” Objectivists believe in defending capitalism with the same ruthless methods of Communists.
  • In Rand’s ideal world, government would control only police, armies and law courts.  To her, a   government which performs more than these three functions is not simply impractical or expensive: it is evil.

Many of those who embrace Rand substitute rage for logic: Tea Partiers are furious about the 2008 Wall Street crash, yet they blame the government for it.

(Ironically, in a way, they are right: The government can be blamed–but not for too much regulation of greed-fueled capitalists but too little.)

Weiss asserts that Tea Party members resent the social and economic realities facing the nation, but lack a coherent intellectual framework to help them focus and justify their rage.  But Objectivists have–and offer–such a framework.

Thus, Tea Partiers form the ideological part of the right wing, and the clarity–and fanaticism–of their views gives them a power far out of proportion to their numbers.

Weiss believes that Rand is presenting a moral argument for laissez-faire capitalism, which means eliminating  Social Security, Medicare, public road system, fire departments, parks, building codes–and, above all, any type of financial regulation.

Weiss maintains that Rand’s moral argument must be directly confronted–and defeated–with moral arguments calling for charity and rationality.

Given the fanaticism of Tea Partiers and the right-wing Republicans they support, success in countering Rand’s “I’ve-got-mine-and-the-hell-with-everybody-else” morality is by no means assured.

COPS VS. CAMERAS

In Bureaucracy, History, Law, Law Enforcement, Social commentary on October 28, 2015 at 1:27 am

For decades, Americans have been told by police at local and Federal levels: If you have nothing to hide, you shouldn’t worry about giving up your privacy.

The FBI, for example, has lobbied Congress for an electronic “key” that would allow it to enter a cyber “back door” to eavesdrop on even those emails protected by encryption systems.

Of course, the FBI has long found ways to circumvent the efforts of criminals to remain anonymous.

Decades ago, Mafiosi learned to assume their phones were being wiretapped and their rooms bugged with hidden microphones by agents of the FBI or the Drug Enforcement Administration (DEA).

And law-abiding Americans have grown used to being under camera surveillance every time they enter a bank, a State or Federal agency, a drugstore or supermarket.  Or even walking down a street.

Related image

So it must seem ironic–if not downright hypocritical–to such people when police complain that their privacy is being invaded.

And this “invasion” isn’t happening with taps placed on cops’ phones or bugs planted in their police stations or private homes.

No, this “invasion” is happening openly in public–with video cameras and cellphones equipped with cameras.

And it’s happening in direct response to a series of controversial incidents involving the use of deadly force by police.

The most famous of these was the shooting, in August, 2014, of strong-arm grocery store robber Mike Brown in Ferguson, Missouri.  Ironically, this was not captured on video.

But a number of other incidents were. Among them:

  • The shooting of Walter Scott, a black motorist, on April 4, 2015.  Scott was stopped for a non-working third tail light.  When North Charleston Police Officer Michael Slager returned to his patrol car, Scott exited his car and fled.  Slager gave chase, firing first a Taser and then his pistol.  He hit Scott five times–all from behind.  Slager later claimed he had “felt threatened.” Unluckily for him, the shooting was caught on a citizen’s cellphone camera. On June 6, a grand jury indicted Slager on a charge or murder.
  • On April 9, 2015, San Bernaradino sheriff’s deputies, after an exhaustive chase, kicked Francis Pusok twice–including a kick to the groin–as he lay facedown on the ground with his hands behind his back.  About five minutes after Pusok was handcuffed, hobbled and rolled onto his side, another deputy also kicked him. Three deputies have been charged with felony assault.  The footage of this came from an NBC News helicopter.
  • In February, 2015, Orlando police officer William Escobar was fired after cell phone footage emerged of him punching and kicking a handcuffed man.

Addressing a forum at the University of Chicago Law School on October 23, FBI Director James B. Comey spoke of rising crime rates in America.  And he offered a series of possible reasons for it.

Click here: FBI — Law Enforcement and the Communities We Serve: Bending the Lines Toward Safety and Justice 

“Maybe it’s the return of violent offenders after serving jail terms.  Maybe it’s cheap heroin or synthetic drugs.  Maybe after we busted up the large gangs, smaller groups are now fighting for turf.

“Maybe it’s a change in the justice system’s approach to bail or charging or sentencing. Maybe something has changed with respect to the availability of guns….”

Then Comey offered what he thought was the real villain behind the rise in crime: Cellphones aimed at police.

Comey-FBI-Portrait.jpg

FBI Director James B. Comey

“But I’ve also heard another explanation, in conversations all over the country. Nobody says it on the record, nobody says it in public, but police and elected officials are quietly saying it to themselves. And they’re saying it to me, and I’m going to say it to you….

“In today’s YouTube world, are officers reluctant to get out of their cars and do the work that controls violent crime? Are officers answering 911 calls but avoiding the informal contact that keeps bad guys from standing around, especially with guns?

“I spoke to officers privately in one big city precinct who described being surrounded by young people with mobile phone cameras held high, taunting them the moment they get out of their cars. They told me, ‘We feel like we’re under siege and we don’t feel much like getting out of our cars.’

“I’ve been told about a senior police leader who urged his force to remember that their political leadership has no tolerance for a viral video.

“So the suggestion, the question that has been asked of me, is whether these kinds of things are changing police behavior all over the country.

“And the answer is, I don’t know. I don’t know whether this explains it entirely, but I do have a strong sense that some part of the explanation is a chill wind blowing through American law enforcement over the last year. And that wind is surely changing behavior.”

Apparently, it’s OK for police to aim cameras–openly or concealed–at citizens, whether law-abiding or law-breaking. But if citizens aim cameras at cops–even without interfering with their making arrests–police feel threatened, to the point of refusing to carry out their duties.

“BRIDGE OF SPIES” TELLS UNPLEASANT TRUTHS ABOUT GOVERNMENT: PART TWO (END)

In Bureaucracy, History, Law, Military, Politics, Social commentary on October 27, 2015 at 12:01 am

“Bridge of Spies” vividly recaptures a now-forgotten time in American history.

It was the time of “the Cold War.”  A time when:

  • America was almost universally seen as “The Good Guy,” in contrast to “The Bad Guy” of the Soviet Union;
  • The United States and the Soviet Union held each other at bay with arsenals of nuclear weapons;
  • Wisconsin Senator Joseph R. McCarthy terrorized the nation, accusing anyone who disagreed with him of being a Communist–and leaving ruined lives in his wake;
  • American TVs blared commercials warning that Soviet Premier Nikita Khrushchev had boasted: “We will bury you”; and
  • Children and teenagers were taught in school that they could survive a nuclear attack through “duck and cover” drills. They were instructed to keep their bathtubs filled with water for safe drinking, in the event of a Soviet nuclear strike.

Bert2.png (300×232)

Bert the Turtle teaches schoolchildren to “Duck and Cover”

Yet even in this poisonous atmosphere of fear and denunciation, some men stood out as heroes–simply by holding fast to their consciences.

One of these was a New York insurance attorney named James B. Donovan (played by Tom Hanks). Asked by the Justice Department to defend arrested Soviet spy Rudolph Abel (Mark Rylance) Donovan did what no one expected.

He gave Abel a truly vigorous defense, arguing that the evidence used to convict him was the legally-tainted product of an invalid search warrant.

Upon Abel’s conviction and sentencing to 45 years’ imprisonment, Donovan again shocked the political and legal communities by appealing the case to the Supreme Court.

Donovan argued that Constitutional protections should apply to everyone–including non-Americans–tried in American courts.  To do less made a mockery of the very freedoms we claimed to champion.

He lost by a vote of 5-4.  But the arguments he made would resurface 50 years later when al-Qaeda suspects were hauled into American courts.

James B. Donovan

In 1961, Donovan was again called upon to render service by a Federal agency–this time the CIA.  It wanted his help in negotiating the release of its spy, Francis Gary Powers, shot down over the Soviet Union in 1960 while flying a high-altitude U-2 spy plane.

Throughout “Bridge of Spies,” audiences learn some unsettling truths about how the American government–and governments generally–actually operate.

The first three of these were outlined in Part one of this series:

Truth #1: Appearance counts for more than reality.

Truth #2: Individual conscience can wreck the best-laid plans of government.

Truth #3: High-ranking government officials will ask citizens to take risks they themselves refuse to take.

Now for the remaining truths revealed in this movie.

Truth #4: Appeals to fear often prevail when appeals to humanity are ignored.

After crossing into East Germany, Donovan enters into negotiations with Wolfgang Vogel, a lawyer representing the East German government.

Vogel offers to exchange Frederic Pryor, an American economics graduate student seized by the East German secret police, for Abel. Donovan replies this is a deal-breaker; the United States (which is never mentioned during the negotiations) wants Powers, not Pryor.

Nevertheless, Donovan is equally concerned for Pryor, and adds him to the list of hostages to be released in return for Abel.

Then a new complication arises: The East German government that holds Pryor threatens to pull out. claiming to be insulted because Donovan did not inform them that the USSR was a party to the negotiation.

His reasoned, legal arguments having failed, Donovan resorts to a threat. He conveys a warning to the president of East Germany:

Abel has not yet revealed any Soviet secrets. But if this deal fails, he may well do so to earn favors from the United States government. And, in that case, the Soviets will blame you–Erich Honecker, the  president of East Germany–for the resulting damage.

Where arguments based on humanity have failed, this one–based on fear–works.  A prisoner-exchange is arranged.

Truth #5: Personal loyalty can supersede bureaucratic inventions.

On February 10, 1962, Donovan, Abel and several CIA agents arrive at the Glienicke Bridge, which connects East and West Germany. The Soviets have Powers, but not Pryor–who is to be released at Checkpoint Charlie, a crossing point between East and West Berlin.

    Glienicke Bridge, the “Bridge of Spies” 

The CIA agent in charge of the American delegation tells Abel he can cross into East Germany, even though Pryor has not been released.

But Abel has learned that Donovan has negotiated the release of not only Powers but Pryor. Out of loyalty to the man who has vigorously defended him, he waits on his side of the bridge until word arrives that Pryor has been released.

Then Abel crosses into East Germany while Powers crosses into the Western sector.

Donovan returns home. Before flying off to West Germany, he had told his wife he was going on a fishing trip in Scotland.

His wife and children learn the truth about the risks he ran and the success he attained only when a television newscast breaks the news:

Francis Gary Powers has been returned to the United States. And the man responsible is James Donovan, once the most reviled man in America for having defended a notorious Soviet spy.

“BRIDGE OF SPIES” TELLS UNPLEASANT TRUTHS ABOUT GOVERNMENT: PART ONE (OF TWO)

In Bureaucracy, History, Law, Military, Politics, Social commentary on October 26, 2015 at 12:27 am

Steven Spielberg’s new movie, “Bridge of Spies,” is that rarity among films: An intelligent mixture of history and drama, stripped of gratuitous sex and violence.

It’s also a film that accurately reveals unsettling truths about how government agencies really operate.

Truth #1: Appearance counts for more than reality.

The movie opens with the FBI’s arrest of KGB spy Rudolph Abel (Mark Rylance). The evidence against him is overwhelming. This–plus the “Red Scare” climate of 1957–will guarantee his conviction.

But the Eisenhower administration doesn’t want the upcoming trial to be seen as a hangman’s court.  It must have at least the appearance of a fair proceeding.

So the Justice Department (through the Brooklyn Bar Association) asks a New York insurance attorney named James B. Donovan (Tom Hanks) to take on Abel’s defense. He’s expected to make a reasonably competent effort but not go all out on behalf of his client.

Truth #2: Individual conscience can wreck the best-laid plans of government.

Donovan has never handled a spy case before. And he has no delusions that Abel isn’t the spy he’s charged with being. But he’s determined to give Abel the same committed defense he would give to any other client.

Rudolph Abel (Mark Rylance) and James Donovan (Tom Hanks) in court

This comes as a shock to the prosecutors, the judge, his law firm and even his family.

A CIA agent approaches Donovan in a nearly deserted restaurant and asks him to reveal any secrets that might help win Abel’s conviction.

Donovan replies: “This conversation isn’t happening.”

“No, of course not,” replies the CIA agent, assuming Donovan is agreeing to keep the overture secret.

“No, I mean this conversation isn’t happening,” angrily says Donovan, who leaves the agent fuming.

Donovan becomes a pariah; his mailbox is stuffed with hate mail and one night a would-be drive-by killer riddles his house with bullets.

Abel is convicted and sentenced to 45 years’ imprisonment. But Donovan–again shocking everyone he knows–pursues an appeal up to the Supreme Court.

He argues that the evidence against Abel is tainted by an invalid search warrant. No American citizen could be convicted under such circumstances; and the Constitutional protections that hold true for Americans should hold equally true for non-Americans charged with crimes in American courts.

Donovan’s arguments will be heard a half-century later, when al-Qaeda suspects are hauled before American courts.

He puts on an impressive case on Abel’s behalf, but loses 5-4 at the Supreme Court.

That seems to be the end of Donovan’s relationship with Abel.  But events soon dictate otherwise.

Before the judge could pronounce a death sentence on Abel, Donovan had argued that this might be a mistake. The day might come, he told the judge, when an American spy might fall into Soviet hands.

And then the United States would need to swap Abel to secure the release of its own agent.

The judge, moved by that argument, had given Abel a lengthy prison term instead.

On May 1, 1960, Francis Gary Powers, a former Air Force pilot, is flying a high-altitude U-2 plane above the Soviet Union for the CIA. The plane is equipped with state-of-the-art cameras, and Powers intends to photograph military sites and other important complexes.

Suddenly, a surface-to-air missile slams into the plane. Powers ejects before it crashes, but fails to commit suicide with a poison pin concealed in a phony silver dollar.  He’s captured by the KGB and brutally interrogated, but maintains his silence.

At about the same time, Frederic Pryor, an American economics graduate student living in West Germany, visits his German girlfriend living in Soviet-dominated East Germany.

The Soviets are starting to build their infamous Berlin Wall, which will stop the flow of refugees from East to West.  Pryor tries to bring his girlfriend and her father into West Berlin, but he’s stopped and arrested by agents of Stasi, the East German police, who accuse him of being a spy.

Meanwhile, the Soviet Union wants its spy, Abel, returned, before he can spell its secrets. In turn, the new Kennedy administration wants Powers returned, before he can be made to spill American secrets.

Truth #3: High-ranking government officials will ask citizens to take risks they themselves refuse to take.

In 1961, Donovan is once again sought out by the American government–this time by no less than CIA Director Allen Dulles.

And he’s asked to go where no official American representative can go–East Germany. His new assignment: Negotiate the exchange of Powers for Abel.

The CIA wants its spy back. And it’s willing to send Donovan into East Germany to negotiate his release. But it’s not willing to back him up if he’s arrested by Stasi, the notorious East German secret police.

In such a case, Donovan could spend the rest of his life in a Communist prison cell.

WHY SO MANY PEOPLE DISTRUST GOVERNMENT

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on October 23, 2015 at 12:40 am

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

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

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

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

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

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

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

But in March 2005, the situation suddenly changed.

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

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

She would not learn the answer for another eight years.

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

FBI Headquarters in Washington, D.C.

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

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

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

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

What is not understandable or tolerable is this:

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

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

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

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

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

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

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

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

In his 2014 autobiography, Duty, he writes of his determination to promote good relations between the Pentagon and the reporters who covered it.

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

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

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

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

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

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

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

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

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

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

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

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

LESSONS FROM “LINCOLN”: PART TWO (END)

In Bureaucracy, History, Law, Politics, Social commentary on October 22, 2015 at 12:04 am

Argo was selected as Best Picture at the 2013 Academy Awards.  But it is Steven Spielberg’s Lincoln that will be cherished far longer.

Among the reasons for this:

  • Daniel Day-Lewis’ brilliant portrayal as Abraham Lincoln; and
  • Its timely depiction of a truth that has long been obscured by past and current Southern lies.

And that truth: From first to last, the cause of the Civil War was slavery.

According to The Destructive War, by Charles Royster, arguments over “states’ rights” or economic conflict between North and South didn’t lead 13 Southern states to withdraw from the Union in 1860-61.

It was their demand for “respect” of their “peculiar institution”–i.e., slavery.

“The respect Southerners demanded did not consist simply of the states’ sovereignty or of the equal rights of Northern and Southern citizens, including slaveholders’ right to take their chattels into Northern territory.

“It entailed, too, respect for their assertion of the moral superiority of slaveholding society over free society,” writes Royster.

It was not enough for Southerners to claim equal standing with Northerners; Northerners must acknowledge it.

But this was something that the North was increasingly unwilling to do. Finally, its citizens dared to elect Abraham Lincoln as President in 1860.

Lincoln and his new Republican party damned slavery-–and slaveholders-–as morally evil, obsolete and ultimately doomed. And they were determined to prevent slavery from spreading any further throughout the country.

Southerners found all of this intolerable.

The British author, Anthony Trollope, explained to his readers:

“It is no light thing to be told daily, by our fellow citizens…that you are guilty of the one damning sin that cannot be forgiven.

“All this [Southerners] could partly moderate, partly rebuke and partly bear as long as political power remained in their hands.”  [Italics added]

It is to Spielberg’s credit that he forces his audience to look directly at the real cause of the bloodiest conflict on the North American continent.

At the heart of Spielberg’s film: Abraham Lincoln (Daniel Day-Lewis) wants to win ratification of what will be the Thirteenth Amendment to the United States Constitution.  An amendment that will forever ban slavery.

But, almost four years into the war, slavery still has powerful friends–in both the North and South.

Many of those friends belong to the House of Representatives, which must ratify the amendment for it to become law.

Other members–white men all–are hostile to the idea of “equality between the races.”

To them, ending slavery means opening the door to interracial marriage–especially marriage between black men and white women. Perhaps even worse, it means possibly giving blacks–or women–the right to vote.

After the amendment wins ratification, Lincoln agrees to meet with a “peace delegation” from the Confederate States of America.

At the top of their list of concerns: If they persuade the seceded states to return to the Union, will those states be allowed to nullify the amendment?

No, says Lincoln.  He’s willing to make peace with the South, and on highly generous terms.  But not at the cost of allowing slavery to live on.

Too many men–North and South–have died in a conflict whose root cause is slavery.  Those lives must count for more than simply reuniting the Union.

For the Southern “peace commissioners,” this is totally unacceptable.

The South has lost thousands of men (260,000 is the generally accepted figure for its total casualties) and the war is clearly lost.  But for its die-hard leaders, parting with slavery is simply unthinkable.

Like Nazi Germany 80 years into the future, the high command of the South won’t surrender until their armies are too beaten down to fight any more.

The major difference between the defeated South of 1865 and the defeated Germany of 1945 is this: The South was allowed to build a beautiful myth of a glorious “Lost Cause,” epitomized by the Margaret Mitchell novel, Gone With the Wind.

In that telling, dutiful slaves are well-treated by kindly masters. Southern aristocrats wear white suits and their slender-waisted ladies wear long dresses, carry parisols and say “fiddle-dee-dee” to young, handsome suitors.

One million people attended the premier of the movie version in Atlanta on December 15, 1939.

The celebration featured stars from the film, receptions, thousands of Confederate flags, false antebellum fronts on stores and homes, and a costume ball.

In keeping with Southern racial tradition, Hattie McDaniel and the other black actors from the film were barred from attending the premiere. Upon learning this, Clark Gable threatened to boycott the event. McDaniel convinced him to attend.

When today’s Southerners fly Confederate flags and speak of “preserving our traditions,” they are actually celebrating their long-banned peculiar” institution.”

By contrast, post-World War II Germany outlawed symbols from the Nazi-era, such as the swastika and the “Heil Hitler” salute, and made Holocaust denial punishable by imprisonment.

America has refused to confront its own shameful past so directly.  But Americans can be grateful that Steven Spielberg has had the courage to serve up a long-overdue and much needed lesson in past–and still current–history.

LESSONS FROM “LINCOLN”: PART ONE (OF TWO)

In Bureaucracy, History, Law, Politics, Social commentary on October 21, 2015 at 1:12 am

Argo won for Best Picture at the 2013 Academy Awards ceremony. But, in the long run, it will be Lincoln who is deservingly remembered–and loved.

Argo focuses on a humiliating episode that most Americans would like to forget.  On November 4, 1979, at the climax of the Iranian revolution, militants stormed the U.S. embassy in Tehran, taking 52 Americans hostage.

But, in the midst of the chaos, six Americans managed to slip away and find refuge in the home of the Canadian ambassador. Knowing it was only a matter of time before the six were found and likely killed, a CIA “exfiltration” specialist offered a risky–and ultimately successful–plan to smuggle them out of the country.

While Argo wrings cheers from American audiences for the winning of this small victory, it cannot erase the blunt truth of the Iranian hostage crisis: For more than 14 months, American diplomats waited helplessly for release–while America proved unable to effect it.

By contrast, Steven Spielberg’s Lincoln celebrates a far greater victory: the final defeat of human slavery in the United States.

And it teaches lessons about the past that remain equally valide today–such as that racism and repression are not confined to any one period or political party.

At the heart of the film: Abraham Lincoln (Daniel Day-Lewis) wants to win ratification of what will be the Thirteenth Amendment to the United States Constitution. An amendment that will forever ban slavery.

True, Lincoln, in 1862, had issued the Emancipation Proclamation. This-–in theory-–freed slaves held in the Confederate states that were in rebellion against the United States Government.

But Lincoln regards this as a temporary wartime measure.

He fears that, once the war is over, the Supreme Court may rule the Proclamation unconstitutional. This might allow Southerners to continue practicing slavery, even after losing the war.

To prevent this, Congress must pass an anti-slavery amendment.

But winning Congressional passage of such an amendment won’t be easy.

The Senate had ratified its passage in 1864. But the amendment must secure approval from the House of Representatives to become law.

And the House is filled with men-–there are no women members during the 19th  century-–who seethe with hostility.

Some are hostile to Lincoln personally. One of them dubs him a dictator-–”Abraham Africanus.” Another accuses him of shifting his positions for the sake of expediency.

Other members–-white men all-–are hostile to the idea of “equality between the races.”

To them, ending slavery means opening the door to interracial marriage–especially marriage between black men and white women. Perhaps even worse, it means possibly giving blacks-–or women–-the right to vote.

Black soldiers in the Union Army

To understand the Congressional debate over the Thirteenth Amendment, it’s necessary to remember this: In Lincoln’s time, the Republicans were the party of progressives.

The party was founded on an anti-slavery platform.  Its members were thus reviled as “Black Republicans.”

And until the 1960s, the South was solidly DemocraticDemocrats were the ones defending the status quo–slavery–and opposing freed blacks in the South of Reconstruction and long afterward.

In short, in the 18th century, Democrats in the South acted as Republicans do now.

The South went Republican only after a Democratic President–Lyndon B. Johnson–rammed the Civil Rights Act of 1964 through Congress.

Watching this re-enactment of the 1865 debate in Lincoln is like watching a rerun of the 2012 Presidential campaign.  The same mentalities are at work:

  • Those (in this case, slave-owners) who already have a great deal want to gain even more at the expense of others.
  • Those (slaves and freed blacks) who have little strive to gain more or at least hang onto what they still have.
  • Those who defend the privileged wealthy refuse to allow their “social inferiors” to enjoy similar privileges (such as the right to vote).

During the 2012 Presidential race, the Republicans tried to bar those likely to vote for President Barack Obama from getting into the voting booth.  But their bogus “voter ID” restrictions were struck down in courts across the nation.

In the end, however, it is Abraham Lincoln who has the final word.  Through diplomacy and backroom dealings (trading political offices for votes) he wins passage of the anti-slavery amendment.

The movie closes with a historically-correct tribute to Lincoln’s generosity toward those who opposed him–in Congress and on the battlefield.

It occurs during Lincoln’s Second Inaugural Address: “With malice toward none, with charity for all….To bind up the nation’s wounds.  To care for him who shall have bourne the battle, and for his widow and his orphan….”

Listening to those words, one is reminded of Mitt Romney’s infamous comments about the “47%: “

Well, there are 47% of the people who…are dependent upon government, who believe that–-that they are victims, who believe that government has a responsibility to care for them, who believe that they’re entitled to healthcare, to food, to housing, to you name it.”

Watching Lincoln, you realize how incredibly lucky we were as a nation to have had such leadership when it was most needed.

A NEW WAY TO VASTLY REDUCE CRIME

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on October 14, 2015 at 2:03 am

For decades, the rhetoric of the Cold War has carried over into the debate over policing.

“Hawks” on the Right have demanded a “hard” approach to law enforcement, emphasizing punishment.  “Doves” on the Left have pursued a “soft” line, stressing social programs and rehabilitation.

But it isn’t enough to be “hard” or “soft” in pursuing the goal of a safe, law-abiding society.  It’s necessary to be “smart” above all.

If you can’t eradicate evil, then you should try to direct at least some of its elements into a safer path.  This especially true for those effrots directed against violent criminal gangs.

According to the FBI:

  • Some 33,000 violent street gangs, motorcycle gangs, and prison gangs with about 1.4 million members are criminally active in the U.S. today.
  • Gangs are responsible for an average of 48 percent of violent crime in most jurisdictions and up to 90%  in several others.
  • Many are sophisticated and well organized; all use violence to control neighborhoods and boost their illegal money-making activities, which include robbery, drug- and gun-trafficking, fraud, extortion, and prostitution rings.
  • Their revenues climb into untold billions of dollars each year–all of it tax-free.

Click here: FBI — Gangs

These gangs aren’t going to disappear, no matter how many of their members die or wind up in prison.

The time has come to apply the time-tested principle so well known south of the border: “Pan o palo.”  Or: “Bread or stick.”

In short: Rewards or punishments.

As in a legalized competition for the title of “State Gang Champion.”  This would work as follows:

  • Each state should invite its resident gang members to take part in a series of competition for the title of “State Gang Champion.”
  • These would be modeled on competitions now existing within the National Football League–a series of playoffs to determine which two gangs will duke it out in the “Super Rumble.”
  • These competitions would be completely voluntary, thus eliminating any charges of State coersion.
  • They would be modeled on the country’s current mania for “Ultimate Warrior” contests for kickboxers and bare-kunckled fighters.
  • Contestants–as many as a score or more from at least two opposing gangs–would meet in a football-sized arena.
  • No firearms would be allowed.
  • Contestants could otherwise arm themselves with whatever weapons they desired–such as baseball bats, swords, axes, spears or chains.
  • Everyone who agreed to participate would automatically be granted immunity for whatever carnage they inflicted.
  • The object of these contests would be to officially determine which State gang was the “baddest” for the year.
  • Tickets could be purchased by fans looking for an afternoon’s festival of gore.
  • Television networks could–and no doubt would–vie for rights to film the events, just as they now do for “pay-for-view” wrestling or boxing matches.

Related image

A modern-day Coliseum

There are several reasons why many–if not most–gangs would want to participate in such contests.

  1. They would be able to eliminate members of rival gangs without risk of prosecution and imprisonment.
  2. They would be able to gauge–through the heat of combat–the toughness of their own associates.
  3. They would gain at least temporary stardom–just as successful gladiators did under the Roman Empire.
  4. The winning gang would gain official status as “The Baddest” gang in the State.

On the last point: Napoleon Bonaparte created the Order of the Legion of Honor, distributed 15,000 crosses to his soldiers and called his troops the “Grand Army.”

When someone criticized him for giving “toys” to his war-hardened veterans, Napoleon replied: “Men are ruled by toys.”

And for the State there would be gains as well:

  1. These contests would literally eliminate a great many gang members who cannot be removed any other way.
  2. Police and prosecutors could concentrate their limited resources on gangs that refused to participate or were deemed to pose a major threat.
  3. Millions of dollars in State revenues would be generated through ticket sales and the buying of pay-per-view rights.

Admittedly, many law-abiding citizens would be repulsed by the carnage that would result from implemting this proposal. But these are generally the people who disdain boxing or wrestling contests anyway.

But given our increasingly jaded and violence-prone society, most of them would eventually tolerate it as an effective way to simultaneously raise badly-needed tax revenues and reduce the size of criminal gangs.

Republican politicians would find this an especially attractive proposal, since it adheres to the two concepts dear to the hearts of all Right-wingers: Killing people and making money.

In short: With sufficient creativity and ruthlessness, it should be possible to reclaim control of our streets from the evils of gang violence.