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THE REAL CULPRIT IN THE “DARK KNIGHT” TRIAL: PART THREE (OF FOUR)

In Bureaucracy, History, Law, Law Enforcement, Social commentary on May 4, 2015 at 12:29 am

Among the major accomplishments of the National Rifle Association:

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

George Zimmerman

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

  • Anyone—including convicted criminals—can buy these “hide-a-gun” sweatshirts, putting both the public and law enforcers at deadly risk.
  • The NRA often claims that law-abiding citizens defend themselves with guns millions of times every year. But the FBI has determined that, of the approximately 11,000 gun homicides every year, fewer than 300 are justifiable self-defense killings.
  • The NRA supports loopholes that allow criminals to buy guns without background checks, or allow terrorists to buy all the AK-47s they desire.
  • The NRA’s executive vice president, Wayne LaPierre, declared the NRA was “all in” to defeat Barack Obama in 2012.  Yet the President had meekly signed legislation allowing guns to be brought into national parks and onto trains.
  • High-capacity magazines were prohibited under the 1994 Federal Assault Weapons Ban–which expired in 2004. The NRA–aided by the Bush administration and Republicans generally–easily overcame efforts to renew the law.
  • Political scientist Robert Spitzer, author of the book The Politics of Gun Control,notes that since the passage of the 1993 Brady Handgun Violence Prevention Act and the assault weapons ban in 1994, state and national laws have been drifting toward more open gun access:
  • “In 1988, there were about 18 states that had state laws that made it pretty easy for civilians to carry concealed hand guns around in society. By 2011, that number is up to 39 or 40 states having liberalized laws, depending on how you count it, and the NRA has worked very diligently at the state level to win political victories there, and they’ve really been quite successful.”
  • On January 8, 2011, Democratic Rep. Gabrielle Giffords was shot in the head while meeting with constituents outside a,Tucson, Arizona, grocery store.  Also killed was Arizona’s chief U.S. District judge, John Roll, who had just stopped by to see his friend Giffords after celebrating Mass.  The total number of victims: 6 dead, 13 wounded.
  • “The NRA’s response to the Tucson shootings has been to say as little as possible and to keep its head down,” said Spitzer. “And their approach even more has been to say as little as possible and to simply issue a statement of condolence to the families of those who were injured or killed and to wait for the political storm to pass over and then to pick up politics as usual.”
  • This is the standard NRA response to each continuing massacre.
  • In the spring of 2012, the House Oversight Committee prepared to vote on whether to hold U.S. Attorney General Eric Holder in contempt for allegedly refusing to provide documents related to “Fast and Furious.”  This was an undercover operation launched by the Bush administration to track firearms being sold to Mexican drug cartels.
  • The NRA notified Congressional members that how they voted would reflect how the NRA rated them in “candidate evaluations” for the November elections. This amounted to blatant extortion, since the NRA had long accused Holder of having an “anti-gun” agenda.

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

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

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

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

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THE REAL CULPRIT IN THE “DARK KNIGHT” TRIAL: PART TWO (OF FOUR)

In Bureaucracy, History, Law, Law Enforcement, Social commentary on May 1, 2015 at 12:07 am

On July 20, 2012, James Holmes slaughtered 12 Aurora, Colorado, moviegoers and critically wounded another 58.

On May 4, 2015, he finally goes on trial.

Even his attorneys admit he staged the masscare.

Of course, they’re claiming he was insane at the time and thus not responsible for his actions.  And certainly not deserving of the death penalty.

But there is another culprit whose presence at the trial makes it the proverbial elephant in the room.

The National Rifle Association (NRA).

Like Al Qaeda, the NRA promotes violence on an unprecedented scale.  Yet there are profound differences in the way Americans view these organizations.

Consider:

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

The World Trade Center under attack on 9/11

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

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

Navy SEALS

Turning from foreign death-dealers to domestic ones: According to the Brady Campaign to Prevent Gun Violence:

Every day–365 days a year:

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

And what does all of this add up to?

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

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

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

The National Rifle Association, of course.

But unlike the leadership of Al Qaeda, that of the NRA is not simply known, but celebrated.  Its director, Wayne LaPierre, is courted as a rock star by Democrats and Republicans seeking NRA endorsements–and campaign contributions.

Wayne LaPierre

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

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

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

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

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

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

At the time Congress ratified the Constitution in 1788, the United States was not a world power.

A mere 26 years later, the British seized and burned Washington, D.C., after repeatedly defeating American armies.  On the frontier, settlers had to defend themselves against hostile Indians and marauding bandits.

Only after World War II did the country maintain a powerful standing army during peacetime.

But World War II ended 70 years ago, and today the United States is a far different country than it was in 1788:

  • It boasts a nuclear arsenal that can turn any country into nuclear ash–anytime an American President decides to do so.
  • It boasts an Army, Navy, Air Force and Marine Corps that can target any enemy, anywhere in the world.
  • Its Special Forces–Green Berets, Delta Force and Navy SEALs–are rightly feared by international terrorists.
  • American Intelligence has come a long way since 9/11.  The FBI’s top priority is to prevent another such terrorist attack, not simply investigate it afterward.
  • And waging war on criminals generally are about 836,787 full-time sworn local/state/Federal law enforcement officers.

If a criminal flees or conducts business across state lines, powerful Federal law enforcement agencies–such as the FBI and Drug Enforcement Administration–can put him out of business.

But apparently the NRA hasn’t gotten the word.

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

“Cop-killer” bullets

  • The NRA and its lobbying arm, the Institute for Legislative Action, is responsible for the “stand-your-ground” ordinances now in effect in more than half the states. These allow for the use of deadly force in self-defence, without any obligation to attempt to retreat first.
  • The NRA rushed to the defense of accused murderer George Zimmerman, the self-appointed “community watchman” who  ignored police orders to stop following 17-year-old Trayvon Martin and ended up shooting him.
  • Police did not initially charge Zimmerman because of Florida’s “Stand-Your-Ground” law, which the NRA had rammed through the legislature.

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THE REAL CULPRIT IN “THE DARK KNIGHT” TRIAL: PART ONE (OF FOUR)

In Business, History, Law, Law Enforcement, Social commentary on April 30, 2015 at 9:01 am

It had happened it before–all too many times before:

  • Midnight vigils for the victims of yet another spree-killer.

  • Makeshift memorials of flowers, candles and teddy bears.
  • Grief counselors for students at elementary, junior high and high schools.
  • And, of course, the inevitable question: “Why?”

And Americans had seen it all before–-too many times before:

  • After the San Ysidro McDonald’s shootings, 1984: 21 dead, 19 wounded.
  • After the 101 California Street shootings in San Francisco, 1993: 9 dead, 6 injured.
  • After the Columbine High School shootings in Colorado, 1999: 15 dead, 21 wounded.
  • After the Virginia Tech shootings, 2007: 32 dead, 23 wounded.
  • After the Tucson shootings, 2011: 6 dead, 13 wounded.

And then, on July 20, 2012, came the massacre at the Century 16 Theater in Aurora, Colorado: 12 dead, 58 wounded.

People who wanted nothing more than to see a movie they were eagerly anticipating: The latest addition to the hugely popular “Batman” franchise: The Dark Knight Rises.

The scene of the crime: The Century 16 Theater in Aurora, Colorado

Snuggled into their seats, some eating popcorn or candy, others sipping sodas. None of them expecting that the violence on the screen would suddenly consume them in real-life.

It was a scene of which nightmares are made:

  • A sudden eruption of smoke and fire as a tear-gas canister explodes.
  • A lone gunman–brandishing a Smith & Wesson AR-15 semi-automatic rifle, a 12-gauge Remington Model 870 shotgun, and a G23 .40 caliber Smith & Wesson Glock pistol.
  • First he blasts the ceiling with a shotgun, and then opens fire on the audience, stopping only to reload his weapon.
  • He begins aiming at the back of the room, and then targets people who are scrambling to escape in the aisles.
  • Some bullets penetrate the wall of the cinema and injure people in an adjoining theater, where the same film is being screened.
  • Adding to the nightmarish quality of the scene: The appearance of the gunman–dressed all in black: a ballistic helment, vestand leggings; a throat protector; a groin protector; a gas mask; and black tactical gloves.

As terrible as the massacre was, it could have been worse.

Police arrived in about 90 seconds and arrested the shooter, James Holmes, in the parking lot of the Century 16 Theater he had just ravaged.

Still, the statistics were terrible enough:

  • Twelve people–several of them heroes who died shielding others with their bodies–would never return to those who loved them.
  • Of the 58 wounded, an unknown number would be physically scarred for life.
  • Some would never fully recover from their injuries.
  • They would not be able to walk. Or see. Or use their arms or hands.
  • Almost all those who were in that theater–-even those who escaped without a scratch-–would be emotionally tormented for months or years to come.
  • Some would never escape those moments of murderous insanity.

It’s possible that Holmes, then 24, an honors graduate of the University of California Riverside, became that most lethal specimen: The genius who slides into madness.

James Holmes

Holmes moved to the University of  Colorado School of Medicine in Aurora in May, 2011, to pursue a PhD in neuroscience.

He had always excelled in his studies, but in early 2012, his grades took a sharp decline. In June, he told the college that he was going to drop out.

Meanwhile, he was amassing an arsenal of weapons and ammunition.

He bought two Glock pistols, a semi-automatic rifle and a shotgun over the last two months from local gun stores and 6,000 rounds of ammunition via the Internet–-all purchased legally under state law.

In early July, 2012, Holmes ordered the paramilitary bulletproof clothing and gas mask that he intended to wear on his rampage.

Finally, he dyed his hair a shocking red-orange and rigged his university apartment with trip-wires and homemade booby-traps. When he was arrested, he told police: “I am the Joker.”

Commentators immediately began asking: Why did Holmes choose to snuff out the lives and dreams of so many people?

But a better question is: “How did he do it?”

It may never be finally known why he did it. But the answer to how makes clear a fundamental truth:

He could not have done it without access to the awesome firepower he was legally able to purchase:

  • The AR-15 semi-automatic rifle is designed for easy reloading. “Even without the grand-sized mag[azine]s, many people who are practiced can reload in 1½ to 2 seconds,” said Steven Howard, a Michigan attorney and security and firearms expert.

  • The AR-15 is a weapon of war.  Its only purpose is to kill large numbers of people–quickly.  Its 100-round drum magazine  allowed Holmes to five 50 to 60 rounds within one minute.
  • The Glock pistol uses a 15-round clip. When it’s done the shooter simply ejects the empty clip and slams in another one, and he’s ready for more killing.

And who has made all of this mayhem not only possible but politically invincible?

Who ultimately bears responsibility not only for those murdered and maimed at an Aurora theater but for the almost 100,000 people who are killed or wounded every year from gun violence?

Your friends at the National Rifle Association.

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HOW TO DESTROY–AND CREATE–JOBS: PART THREE (END)

In Bureaucracy, History, Law, Politics, Social commentary on April 24, 2015 at 12:15 am

If passed by Congress and vigorously enforced by the U.S. Departments of Justice and Labor, an Employers Responsibility Act would ensure full-time, permanent and productive employment for millions of capable, job-seeking Americans.

Among its remaining provisions:

(10)   CEOs whose companies employ illegal aliens would be held directly accountable for the actions of their subordinates.  Upon conviction, the CEO would be sentenced to a mandatory prison term of at least ten years.

This would prove a more effective remedy for controlling illegal immigration than stationing tens of thousands of soldiers on the U.S./ Mexican border.

With CEOs forced to account for their subordinates’ actions, they would take drastic steps to ensure their companies complied with Federal immigration laws.

Embedded image permalink

(11)  The seeking of “economic incentives” by companies in return for moving to or remaining in cities/states would be strictly forbidden.

Such “economic incentives” usually:

  1. allow employers to ignore existing laws protecting employees from unsafe working conditions;
  2. allow employers to ignore existing laws protecting the environment;
  3. allow employers to pay their employees the lowest acceptable wages, in return for the “privilege” of working at these companies; and/or
  4. allow employers to pay little or no business taxes, at the expense of communities who are required to make up for lost tax revenues.

(12) Employers who continue to make such overtures would be prosecuted for attempted bribery or extortion:

  1. Bribery, if they offered to move to a city/state in return for “economic incentives,” or
  2. Extortion, if they threatened to move their companies from a city/state if they did not receive such “economic incentives.”

This would protect employees against artificially-depressed wages and unsafe working conditions; protect the environment in which these employees live; and protect cities/states from being pitted against one another at the expense of their economic prosperity.

(12)   The U.S. Departments of Justice and Labor would regularly monitor the extent of employer compliance with the provisions of this Act.  

Among these measures: Sending  undercover  agents, posing as highly-qualified job-seekers, to apply at companies—and then vigorously prosecuting those employers who  blatantly refused to hire despite their proven economic ability to do so.

This would be comparable to the long-time and legally-validated practice of using undercover agents to determine compliance with fair-housing laws.

(13)   The Justice Department and/or the Labor Department would be required to maintain a publicly-accessible database on those companies that had been cited, sued and/or convicted for such offenses as

  • discrimination,
  • harassment,
  • health and/or safety violations or
  • violating immigration laws. 

Employers would be legally required to regularly provide such information to these agencies, so that it would remain accurate and up-to-date.

Such information would arm job applicants with vital information about the employers they were approaching.  They could thus decide in advance if an employer is deserving of their skills and dedication.

As matters now stand, employers can legally demand to learn even the most private details of an applicant’s life without having to disclose even the most basic information about themselves and their history of treating employees.

* * * * *

Reform starts with facing the truth–however painful–for what it is.  And with seeing one’s enemies–however powerful–for what they are.

For thousands of years, otherwise highly intelligent men and women believed that kings ruled by divine right.  That kings held absolute power, levied extortionate taxes and sent countless millions of men off to war–all because God wanted it that way.

That lunacy was dealt a deadly blow in 1776 when American Revolutionaries threw off the despotic rule of King George III of England.

But today, millions of Americans remain imprisoned by an equally outrageous and dangerous theory: The Theory of the Divine Right of Employers.

Summing up this employer-as-God attitude, Calvin Coolidge still speaks for the overwhelming majority of employers and their paid shills in government:

“The man who builds a factory builds a temple, and the man who works there worships there.”

America can no longer afford such a dangerous fallacy as the Theory of the Divine Right of Employers.

The solution lies in remembering that the powerful never voluntarily surrender their privileges.

Americans did not win their freedom from Great Britain–-and its enslaving doctrine of “the Divine Right of Kings”-–by begging for their rights.

And Americans will not win their freedom from their corporate masters–-and the equally enslaving doctrine of “the Divine Right of Employers”––by begging for the right to work and support themselves and their families.

And they will most certainly never win such freedom by supporting right-wing political candidates whose first and only allegiance is to the corporate interests who bankroll their campaigns.

Corporations can–and do–spend millions of dollars on TV ads, selling lies–lies such as the “skills gap,” and how if the wealthy are forced to pay their fair share of taxes, jobs will inevitably disappear.

But Americans can choose to reject those lies–and demand that employers behave like patriots instead of predators.

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HOW TO DESTROY–AND CREATE–JOBS: PART TWO (OF THREE)

In Bureaucracy, History, Law, Politics, Social commentary on April 23, 2015 at 12:01 am

An Employers Responsibility Act (ERA) would quickly return millions of willing-to-work Americans to fulltime, permanent employment.

Such legislation would legally require employers to demonstrate as much initiative for hiring as job-seekers are now expected to show in searching for work. 2-28-96 Among the provisions of a nationwide Employers Responsibility Act:

(1) American companies that close plants in the United States and open others abroad would be forbidden to sell products made in those foreign plants within the United States.

This would protect both American and foreign workers from employers seeking to profit at their expense. American workers would be ensured of continued employment. And foreign laborers would be protected against substandard wages and working conditions.

Companies found violating this provision would be subject to Federal criminal prosecution. Guilty verdicts would result in heavy fines and lengthy imprisonment for their owners and top managers.

(2) Large companies (those employing more than 100 persons) would be required to create entry-level training programs for new, future employees.

These would be modeled on programs now existing for public employees, such as firefighters, police officers and members of the armed services.

Such programs would remove the employer excuse, “I’m sorry, but we can’t hire you because you’ve never had any experience in this line of work.”

After all, the Air Force has never rejected an applicant because, “I’m sorry, but you’ve never flown a plane before.”

This Nation has greatly benefited from the humane and professional efforts of the men and women who have graduated from public-sector training programs.

There is no reason for the private sector to shun programs that have succeeded so brilliantly for the public sector.

(3) Employers would receive tax credits for creating professional, well-paying, full-time jobs.

This would encourage the creation of better than the menial, dead-end, low-paying and often part-time jobs which exist in the service industry. Employers found using such tax credits for any other purpose would be prosecuted for tax fraud.

(4) A company that acquired another–through a merger or buyout–would be forbidden to fire en masse the career employees of that acquired company.

This would be comparable to the protection existing for career civil service employees. Such a ban would prevent a return to the predatory “corporate raiding” practices of the 1980s, which left so much human and economic wreckage in their wake.

The wholesale firing of employees would trigger the prosecution of the company’s new owners. Employees could still be fired, but only for provable just cause, and only on a case-by-case basis.

(5) Employers would be required to provide full medical and pension benefits for all employees, regardless of their full-time or part-time status.

Increasingly, employers are replacing full-time workers with part-time ones—solely to avoid paying medical and pension benefits.

Requiring employers to act humanely and responsibly toward all their employees would encourage them to provide full-time positions—and hasten the death of this greed-based practice.

(6) Employers of all part-time workers would be required to comply with all Federal labor laws.

Under current law, part-time employees are not protected against such abuses as discrimination, sexual harassment and unsafe working conditions. Closing this loophole would immediately create two positive results:

  • Untold numbers of currently-exploited workers would be protected from the abuses of predatory employers; and
  • Even predatorily-inclined employers would be encouraged to offer permanent, fulltime jobs rather than only part-time ones—since a major incentive for offering part-time jobs would now be eliminated.

(7) Employers would be encouraged to hire to their widest possible limits, through a combination of financial incentives and legal sanctions.  

Among those incentives: Employers demonstrating a willingness to hire would receive substantial Federal tax credits, based on the number of new, permanent employees hired per year. 

Employers claiming eligibility for such credits would be required to make their financial records available to Federal investigators. Employers found making false claims would be prosecuted for perjury and tax fraud, and face heavy fines and imprisonment if convicted.

(8)  Among those sanctions: Employers refusing to hire could be required, to prove, in court: 

  • Their economic inability to hire further employees, and/or
  • The unfitness of the specific, rejected applicant.

Companies found guilty of unjustifiably refusing to hire would face the same penalties as now applying in cases of discrimination on the basis of age, race, sex and disability.

Employers would thus fund it easier to hire than to refuse to do so. Job-seekers would no longer be prevented from even being considered for employment because of arbitrary and interminable “hiring freezes.”

(9)  Employers refusing to hire would be required to pay an additional “crime tax.”

Sociologists and criminologists agree that “the best cure for crime is a job.” Thus, employers who refuse to hire contribute to a growing crime rate in this Nation.

Such non-hiring employers would be required to pay an additional tax, which would be earmarked for agencies of the criminal justice system at State and Federal levels.

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HOW TO DESTROY–AND CREATE–JOBS: PART ONE (OF THREE)

In Bureaucracy, History, Law, Politics, Social commentary on April 22, 2015 at 12:10 am

Republicans, always ready to attack President Barack Obama, have found a new cause for blame:  Obama is responsible for increased inequality.

“Frankly, the president’s policies have made income inequality worse,” House Speaker John Boehner said on CBS’s “60 Minutes” in January.

And he blamed Obamacare for the growing inequality:

“All the regulations that are coming out of Washington make it more difficult for employers to hire more people, chief amongst those, I would argue is Obamacare–which basically puts a penalty or a tax on employers for every new job they create.”

Even Mitt Romney has suddenly discovered that millions of Americans are suffering from income inequality.

Yes, that Mitt Romney–who famously said during his 2012 campaign for President: “Corporations are people, my friend”; “I like being able to fire people”; and “I’m not concerned about the very poor.”

“Under President Obama, the rich have gotten richer, income inequality has gotten worse and there are more people in poverty than ever before,” Romney told a crowd of Republican National Committee members in January.

Mitt Romney speaking on the USS Midway

“Their liberal policies are good every four years for a campaign, but they don’t get the job done,” he said from the deck of the USS Midway in San Diego.

“The only policies that will reach into the hearts of the American people and pull people out of poverty and break the cycle of poverty are Republican principles, conservative principles.”

Click here: The reinvention of Mitt Romney – Edward-Isaac Dovere – POLITICO

But syndicated political columnist  Mark Shields has another reason for why millions of Americans can’t find jobs–or jobs that pay a living wage.

His culprit: International trade agreements.

Mark Shields

“They have been a disaster for American workers, a total disaster, beginning with NAFTA,” said Shields on the April 17 edition of the PBS Newshour.

“They have put all the power in the hands of the employer.

“The employer threatens, if you don’t go along, if you don’t surrender your bargaining rights, if you don’t surrender your health and pension benefits, if you don’t surrender collective union membership, we will move your job overseas.

“And as consequence of NAFTA some 22 years ago, documented by our own government, 755,000 jobs lost immediately, five million fewer American–five million fewer American manufacturing jobs than there were….

“We see it where all–the trade agreements, the investor class capital is protected, whether it’s copyrights or whatever, intellectual property, their investments. And they just pay lip service to workers’ rights….

“Median household income in the United States was lower in 2012 than it was in 1989. I’m not saying solely because of this, but largely because of this.

“If you want to see the dominance of capital that I think these trade agreements exemplify and embody, all you have to see is the 2008 crisis, economic crisis in this country.

“Millions of ordinary Americans saw their futures, their savings, their homes wiped out. And they got nothing in the way of relief.

“Those who had caused it, who had brought the country to its knees, the big banks and the investment houses of Wall Street, were bailed out by people. They were made whole.

“So, you had a choice. Who are you going to help and who you going to leave to make out for their own?

“We have capitalism for the rich and we have free enterprise, high risk for workers. And I just think this is what it exemplifies….American workers have lost their clout politically.”

Click here: Shields and Brooks on Pacific trade deal politics

Romney is right: “The rich have gotten richer, income inequality has gotten worse and there are more people in poverty than ever before.”

And so is Shields: “American workers have lost their clout politically.”

But what neither man offered was a solution–although one is available.

It is long past time for Americans to address the following evils for which employers are directly responsible:

  • The loss of jobs within the United States owing to companies’ moving their operations abroad—solely to pay substandard wages to their new employees.
  • The mass firings of employees which usually accompany corporate mergers or acquisitions.
  • The widespread victimization of part-time employees, who are not legally protected against such threats as racial discrimination, sexual harassment and unsafe working conditions.
  • The refusal of many employers to create better than menial, low-wage jobs.
  • The widespread employer practice of extorting “economic incentives” from cities or states in return for moving to or remaining in those areas. Such “incentives” usually absolve employers from complying with laws protecting the environment and/or workers’ rights.
  • The refusal of many employers to provide medical and pension benefits—nearly always in the case of part-time employees, and, increasingly, for full-time, permanent ones as well.
  • Rising crime rates, due to rising unemployment.

The solution to these evils can be summed up in three words: Employers Responsibility Act (ERA).

If passed by Congress and vigorously enforced by the U.S. Departments of Justice and Labor, an ERA would ensure full-time, permanent and productive employment for millions of capable, job-seeking Americans.

And it would achieve this without raising taxes or creating controversial government “make work” programs.

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FEAR WORKS: PART TWO (END)

In Bureaucracy, Business, Law, Self-Help, Social commentary on April 21, 2015 at 12:43 am

Ralph bought a computer security program from SUX.  But then he found he couldn’t download it.

So he contacted the company—whose customer service representative told him: You’ll have to buy another of our products to make the first one you bought work properly.

At that point, Ralph had had enough.

He sent SUX an email via its own website, outlining his problem and asking that the $60 charge on his credit card be removed.

Six days later, Ralph called his credit card company, to see if SUX was still charging him for an item he hadn’t received.

It was.

It was time to play Machiavellian hardball.

Ralph once again dialed SUX to speak to one of its customer service reps.

Calmly–but firmly–Ralph identified himself, then quickly summarized the problem he was having with the company.

Then he said:

“I suggest you contact someone in management and tell them this: I want this charge off my credit card in 24 hours.  If it isn’t, here’s what’s going to happen:

“One: I’m going to file a criminal complaint with the local office of the United States Attorney [Federal prosecutor] for fraud against your company.

“When a company does business in more than one state, that brings it under Federal jurisdiction.  And there are Federal penalties for charging people for products they didn’t receive.

“Two, I’m going to make this situation very well known on social media sites.  That’s going to cost you bigtime on future customers.

“Again, I’ll wait 24 hours.  Pass this on to your management.”

Then he hung up.

Slightly more than 24 hours later, Ralph got this email from SUX:

“Thank you for ordering from SUX.  At your request a return has been initiated.”

In short: The charge would be removed from his credit card.

There are several important lessons to be learned here.

First, before you call to complain, make sure the product isn’t working.

Read the instructions carefully and follow them to the letter.

If you can’t understand the instructions, or if you feel you do and the product still isn’t doing what it’s supposed to do, call the company.

Second, when you reach the customer service rep, be patient and polite.

At best, getting angry and offensive wastes valuable time which could be better spent outlining the problem you’re having.

At worst, the tech might hang up on you, which means you’ll have to go through the whole telephone-tree exercise again.

Third, explain precisely what has gone wrong.  If the tech gives you instructions on how to resolve the problem, follow them to the letter.

Fourth, if you’re sure you want to return the product, say so.

Find out the company’s preferred way to do this.

Fifth, if you’ve paid for it by credit card, state that you want the charge removed from your bill.

You may have to wait until the company receives the product before they take the charge off your bill.  To make sure they get it, send it signed-receipt-requested.

Sixth, wait five to ten days to see if your credit card has been charged. 

Ralph waited six, which is a reasonable number.

Seventh, if the problem hasn’t been resolved, call the company again and ask to speak to someone on its corporate headquarters—the higher up, the better.

You can often find out the names of the top executives of a company by checking its website.  Or by going to a business-rating website, such as that of Standard and Poor’s.

Eighth, be polite but businesslike as you outline your problem.

If you can’t outline it in one or two minutes, ask for an email address where you can send a detailed email.

Ninth, state clearly what you want the company to do for you.

Often, people get so angry at the frustration they’ve endured that they forget to say what action they want the company to take.

Tenth, if the company rep makes it clear they won’t take back the product, give you a substitute, or refund your purchase, it’s time to play hardball.

Eleventh, if you believe the law has been broken, say so. 

And say which agencies you intend to contact—such as the local District Attorney’s Office, Federal Trade Commission, United States Attorney or Federal Communications Commission.

Twelth, have at least one or two consumer complaint websites ready to cite—and contact.

A

Among these:

Businesses fear bad consumer reviews–especially on Yelp! and Facebook.

When I once visited a local animal shelter, a receptionist told me: “If you have a problem with something, please see me.  Don’t go home and post it on Yelp!“

Thirteenth, tell the company official what action you intend to take unless your demands are met. 

Offer a deadline by when you expect that action to be taken.

Fourteenth, if that doesn’t prove enough, consider filing a private lawsuit.

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FEAR WORKS: PART ONE (OF TWO)

In Bureaucracy, Business, Law, Self-Help, Social commentary on April 20, 2015 at 12:13 am

So you’ve just bought something online, with a credit card–and the item never arrives–or proves defective.

Even worse, the online company insists on charging your credit card for the item.

What to do?

Here’s what a friend of mine–Ralph–recently did when he faced just that problem.

One night, while surfing the Internet, he saw an ad for a new computer security product.  For him, its biggest selling point was: “Make yourself invisible to the bad guys with just one click.”

An even stronger selling point for him: The product was being offered by SUX, the company whose anti-virus software he had subscribed to for the last three years.

And, so far, he had never had any trouble with the company.

SUX offered several options for subscription:

  • One month
  • One year
  • Two years

Ralph decided that one month was too short, and two years were too long.  He chose a one-year subscription, intending to renew at the end of the year if he liked it.

He typed in his credit card number and clicked on “Download.”

Soon afterward, he received an Order Confirmation email from the company, outlining the product he had just purchased and the amount he had just paid for it.

He then got into the anti-virus security item on his desk.  A few clicks later a new screen popped up–and the message: “Disconnected.”

Even worse, the screen warned: “Your license has expired.  Renew now.”

The product he had just paid $60 to download hadn’t downloaded.

So Ralph called SUX–and explained to a technician what had happened.

And the tech responded: “We don’t offer phone support for that product.”

Nothing Ralph said could elicit the help he needed.  Furious at the man’s arrogance, Ralph hung up.

To avoid accidentally reaching the same worthless technician, Ralph decided to wait several hours before again calling SUX.

When he did, he reached a technician who was willing to provide help.  The tech said that he would like to run a remote scan on Ralph’s computer to try to find out what was causing the problem.

Ralph agreed.

For the next five minutes he could see his cursor moving around his screen, as the tech checked first one file, then another.

Finally, the tech said that Ralph needed to “clean out” his computer before the SUX product he bought would work properly.

“OK, how do I do that?” asked Ralph.

“You need to buy our BS2U product,” said the tech.

Now Ralph was really steamed.

He had just spent $60 on a product he couldn’t download.  And the tech was telling him he had to spend even more money on a second product to make the first product work properly.

Ralph then said he wanted to contact someone in an executive positon at SUX.  But the rep said he would have to call outside the United States to do this.

Ralph hung up, then got back onto his computer and onto the SUX website.  He drafted a short but detailed message on the problems he was facing with one of the company’s products.

And it ended:

“Frankly:

(1) I am UNABLE to make use of the product I paid $60 for; and

(2) I am UNWILLING to pay MORE MONEY FOR ANOTHER PRODUCT in hopes that this will enable me to use the one I just purchased.

“Therefore, I am requesting that the credit card transaction I had with your company on —- be canceled.  If it is not, I will dispute this via my credit card company when I receive my next statement.

“To enable you to quickly locate this transaction in your files, I am enclosing the Order Confirmation Number:  #———-.

“I am making a copy of this email, so I can establish, if necessary, that I have notified your company that I am NOT receiving the product I paid for.

“I have already contacted my credit card company and informed them that I will contest this charge if your company does not make good on this refund.”

Six days later, Ralph called his credit card company, to see if SUX was still charging him for an item he hadn’t received.

It was.

Luckily for Ralph, he had been a longtime student of Niccolo Machiavelli, the father of political science.

Niccolo Mchiavelli

In The Prince, his treatise on how to gain and hold political power, Machiavelli raises the question: Is it better to be loved or feared?

And he answers as follows:

“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….

“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.”

It was time to invoke the spirit of St. Niccolo.

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KNOW YOUR AUDIENCE: PART TWO (END)

In Bureaucracy, History, Law, Politics, Social commentary on April 14, 2015 at 12:18 am

Be careful what you ask for–especially if you’re a politician.

On March 29, Republican Congresswoman Cathy McMorris Rogers, of Washington State, told her Facebook readers:

“This week marks the 5th anniversary of ‪#‎Obamacare being signed into law. Whether it’s turned your tax filing into a nightmare, you’re facing skyrocketing premiums, or your employer has reduced your work hours, I want to hear about it.”

The response was overwhelming–but not in the way she clearly hoped it would be.

The vast majority of her respondents voiced enthusiastic support for the Affordable Care Act (ACA).

Even worse for the Congresswoman, many of them furiously attacked the Republican party for its non-stop efforts to repeal healthcare coverage.

Erika Dennis My whole family now has coverage. The ACA is the cause for this, I work in health care, I have seen the increase in covered patients first hand.

The next step is universal coverage, this will truly lower costs and provide the best care.

Cathy, you barely work, spend most of your time catering to special interests so you can be re-elected. All while receiving a large wage and the best health insurance and care.

Stop telling us how it doesn’t work while enjoying your tax payer funded care and life.

President Barack Obama signing the Affordable Care Act into law

Robert Fairfax I work for cancer care northwest. We actually have more patients with insurance and fewer having to choose treatment over bankruptcy.

Cathy, I’m a die hard conservative and I’m asking you to stop just slamming Obamacare. Fix it, change it or come up with a better idea! Thanks.

Jeff Sellen This is nothing more than a talking point framed pathetically as a question. It has become the Republican way, unfortunately: Pay no attention to the evidence.

Let’s introduce a little integrity into the discussion, ok? What are the strengths and weaknesses of Obamacare?

Deanna Bax Why don’t you ask for people to tell their stories instead of just asking for the negatives? If you honestly want to help Americans you need All the stories and weigh what’s best based on the facts not based on what you want to hear.

David Smith I am outraged that a member of the US House of Representatives would have such an unscientific and slanted poll. Her website had better not be publicly funded.

Gary Downing Instead of doing all you can to tear down our Nation why don’t you start working to make it better.. Seems like Republicans have just become the real terrorists of this Nation.

Jane Marshall Whittington You can only beat a dead horse so long., Why not focus as much energy on creating jobs and cutting taxes for the working poor as you republicans have spent on the ACA and Benghazi!

Kyle Tertzag …So tell me Congresswoman, why is it that you think I don’t deserve to be healthy and have affordable health insurance? Why do you want to take that away form me and over 15 million other Americans?

Finally it looks like Governor Palin was right, there is a Death Panel and it is made up of you and people like you in the GOP that want to take health care away from millions of Americans! Shame on you! Why don’t you just go join ISIS as you seem more than happy to help harm and/or kill Americans.

* * * * *

A major reason Republicans opposed “Obamacare” from the get-go was this: They feared that, if passed, it would be forever identified with the Democratic Party–just as Social Security always has.

And like Social Security–enacted under Democratic President Franklin D. Roosevelt–it would forever be a powerful vote-getter for Democrats.

For Republicans, attaining–and retaining–total power over the lives of their fellow Americans is their foremost goal.

And if millions of their fellow Americans can’t afford healthcare coverage, that’s of small importance compared to depriving Democrats of a potent issue for turning out voters.

Both houses of Congress passed the ACA.  And that the Supreme Court–headed by a Republican Chief Justice–found it entirely Constitutional.

Yet that has not stopped Right-wingers from spreading infamous lies about it–such as the “death panel” charge former Alaska Governor Sarah Palin made on her Facebook page.

Nor has it stopped Republicans from repeatedly voting to repeal the ACA–at last count, no fewer than 56 times.

If the responses Congresswoman Rogers received are any indication, millions of Americans are thrilled to finally have healthcare insurance.

They can’t understand why so many members of Congress–who automatically get gold-plated medical care by virtue of their election–want to deny it to millions of their less-well-off fellow citizens.

And a recent Gallup-Healthways survey found that, because of the ACA, nearly nine out of 10 adults now say they have health insurance.

On at least one point, Republican fears appear to have been vindicated: Once people begin to receive a vital service that was long denied them, they want to preserve it.

It’s a truism that Republicans still hope to reverse.

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KNOW YOUR AUDIENCE: PART ONE (OF TWO)

In Bureaucracy, History, Law, Politics, Social commentary on April 13, 2015 at 3:02 am

There’s a well-known saying among attorneys: When you’re cross-examining a witness, don’t ask a question you don’t know the answer to.

It’s a truism that was apparently lost on Republican Congresswoman Cathy McMorris Rogers.

Congresswoman Cathy McMorris Rogers

On March 23, the Washington State) representative posted the following on her Facebook page:

“This week marks the 5th anniversary of ‪#‎Obamacare being signed into law. Whether it’s turned your tax filing into a nightmare, you’re facing skyrocketing premiums, or your employer has reduced your work hours, I want to hear about it.

“Please share your story with me so that I can better understand the challenges you’re facing:” http://mcmorris.house.gov/your-story/

The Congresswoman’s readers quickly obliged.  But the overwhelming reaction to her request must have caught her by surprise.

It was overwhelmingly negative.

Among the literally hundreds of responses:

Mitchell Wiggs The Republican solution to the Affordable Care Act? Let people drown in debt, clutter our emergency rooms, and die from lack of coverage due to pre-existing conditions. No thanks, “Congresswoman”.

Some of us care more about our fellow Americans than trying to bash the President. Keep trying to scare your followers with phony horror stories, though

Melissa Kelly 5 years of not waking up in the middle of the might panicked that my child won’t ever be able to get health insurance thanks to a brain tumor at the age of 2. Thank God for Obamacare.

Anyone who ever fought an insurance company for pediatric neurosurgery coverage knows there was NEVER a hassle-free system in place and Obamacare is light years better than what we had.

Dylan McGuire My premiums have not increased, my hours have not been reduced and I know a couple of people who were able to get medical care through insurance rather than going to an emergency room. Taxes are no more difficult than they have ever been.

William Francis Condon My story is that I once knew 7 people who couldn’t get health insurance. Now they all have it, thanks to the ACA and President Obama, and their plans are as good as the one my employer provides–and they pay less for them.

Now, that’s not the kind of story you want to hear. You want to hear made-up horror stories. I don’t know anyone with one of those stories.

Jim Reid Hello Congresswoman McMorris Rodgers!

I work as the facilitator of a task force that is overseeing the implementation of the Affordable Care Act in Washington State. I have learned that the ACA is helping people who did not previously have health insurance get it.

It is helping bring down medical costs. It is improving the quality of care. It is improving experiences of both patients and their families.

I work with doctors, nurses, hospital and clinic managers, non-profit service providers, citizens-at-large. Each of them can site an improvement they would like to make to the Act.

But whether they are Republican or Democrat, from urban or rural areas, powerful or not, they all say the ACA is working.

Can’t you and your Republican colleagues stop trying to repeal this Act and work to make it even more effective? Please?

Janet Clark My story is this: my husband and I worked to pass Obamacare because we believed all Americans should have access to quality healthcare, like we did through his workplace. We never thought it would affect us.

Then one day I came home and found my strong. apparently healthy husband dead in the backyard. He had experienced cardiac arrest. Within one week I was off his plan.

I purchased COBRA for a year and then looked for a less expensive plan. I applied for Blue Cross and was turned down due to pre-existing conditions: arthritis and bunions.

I was so happy when Obamacare went through and I had access to healthcare. Never thought it would be me who needed it, but it was. Thanks, President Obama!

Bob Wilmot Our son, diagnosed with Type 1 diabetes at age 6, will now have healthcare coverage as an adult, thanks to the ACA. No more denials for a pre-existing condition.

No more $3000 monthly premium, as we faced some 10 years ago when I was without employer coverage for a time. Congresswoman, are you seriously prepared to tell 12million+ Americans they will now lose their coverage under the ACA?

Janice Grounds With the ACA my partner is able to FINALLY get health insurance. She has severe arthitis….you know the kind that the wealthy golfer talks about helping with the magic of humera…only this medication is $$$$. She has lived with, worked with severe pain for years.

Once she got the insurance, an MRI showed a huge tear in her hip….yep, this tear would catch and be so intensely painful she fell several times-twice breaking her wrist (which cost several thousand out of pocket).

She was pulled over by our dog two weeks ago fracturing several ribs, ambulance, er, w nights in trauma ward…..imagining what this would have done without insurance???????

You sit on your high horse talking platitudes and right wing talking points. You and all the other flaming GOP “faith and family” hypocrites make me sick.

If you truly believe this crap, you’re even worse. Thank you President Obama and Democrats for the Affordable Care Act .