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LAW ENFORCERS AS APOLOGISTS

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on May 6, 2014 at 12:55 am

Alone among major world powers, the United States feels it must apologize for the right to control its own borders.

A flagrant example of this occurred four years ago–in May, 2010.

First Lady Michelle Obama-accompanied by Margarita Zavala, the wife of then-Mexican President Felipe Calderón, was visiting a second-grade class in Silver Spring, Md.

During a question-and-answer session, a Hispanic girl said to the First Lady: “My mom said, I think, she says that Barack Obama’s taking everybody away that doesn’t has papers.”

Michelle Obama replied, “Yeah, well, that’s something we have to work on, right, to make sure that people can be here with the right kind of papers, right?”

To which the girl replied, “But my mom doesn’t have [papers].”

“Well, we have to work on that,” said Obama. “We have to fix that. Everybody’s got to work together on that in Congress to make sure that happens.”

Click here: Worried Girl Asks Michelle Obama if Her Mother Will Be Deported – NYTimes.com – NYTimes.com

But many Americans believe the United States has no right to control its own borders.  Among these is Deepak Bhargava, executive director of the Center for Community Change.

“The truth is that more mothers and fathers were deported in Obama’s first year as president than were deported in the last year under Bush.”

“Mr. Obama, who so eloquently spoke of the pain and anguish caused by tearing families apart as a candidate, as president has only ramped up that pain and anguish,” said Bhargava.

Michelle Obama is the wife of the nation’s chief law enforcement officer–the President of the United States.

Yet on the day following the girl’s public admission, the Department of Homeland Security announced that its immigration agents would not be pursuing the family:

“ICE [Immigration and Customs Enforcement] is a federal law enforcement agency that focuses on smart, effective immigration enforcement that prioritizes criminal aliens who pose a threat to our communities.

“Our investigations are based on solid law enforcement work and not classroom Q and As.”

“The girl is in school and we’re doing everything we can to keep her safe,” said Brian Edwards, chief of staff for the Montgomery County public schools.

Depending on the source, the estimated number of illegal aliens within the United States ranges from about 7 to 20 million or more.

Click here: Illegal immigrants in the US: How many are there? – CSMonitor.com

Among other equally disturbing statistics:

  • Between 1992 and 2012, the number of offenders sentenced in federal courts more than doubled, driven largely by a 28-fold increase in the number of unlawful reentry convictions.
  • As unlawful reentry convictions increased, the demographics of sentenced offenders changed.
  • In 1992, Latinos made up 23% of sentenced offenders; by 2012, they made up 48%.
  • The share of offenders who did not hold U.S. citizenship increased over the same period—from 22% to 46%.

Now, contrast this with the way Mexico insists on controlling its own borders.

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

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

The law also ensures that:

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

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

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

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

A Mexican Revolution firing squad

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

Francisco “Pancho” Villa

Emiliano Zapata

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

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

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

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

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

So successive Mexican governments find it easier–and safer–to turn the United States into a dumping ground for the Mexican citizens that the Mexican Government itself doesn’t want.

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LINCOLN WEEPS

In Bureaucracy, History, Law, Politics, Social commentary on May 5, 2014 at 12:02 am

In 1845, Andrew Jackson, seventh President of the United States from 1829 to 1837, lay dying at The Hermitage in Nashville, Tennessee.

Jackson had spent his adult life defending the infant United States.  He had fought the Indians and British during the War of 1812, capping his career as a general with his triumph at the Battle of New Orleans in 1815.

As President, he had faced down would-be “nullifiers”–those Southern politicians who claimed states had the right to ignore federal laws they disliked.

 Andrew Jackson

But now his worn, disease-racked body was fast reaching the limits of its endurance.  Knowing that death was closing in, Jackson often took stock of his lifetime of achievements–and failures.

One day, he asked one of his doctors what act of his administration would be most severely condemned by future generations.

“Perhaps the removal of the bank deposits,” said the doctor–referring to Jackson’s withdrawal of U.S. Government monies from the first Bank of the United States.

That act had destroyed the bank, which Jackson had believed was a source of political corruption.

“Oh, no!” said Jackson.

“Then maybe the specie circular,” said the doctor.  He was referring to an 1836 executive order Jackson had issued, requiring payment for government land to be in gold and silver.

“Not at all!” said Jackson.

Then, his eyes blazing, Jackson raged: “I can tell you.  Posterity will condemn me more because I was persuaded not to hang John C. Calhoun as a traitor than for any other act in my life!”

Historians have not condemned Jackson for this.  But perhaps he was right-–and perhaps he should have hanged Calhoun.

It might have prevented the Civil War-–or at least delayed its coming.

John C. Calhoun had once been Vice President under Jackson and later a United  States Senator from South Carolina.   His fiery rhetoric and radical theories of “nullification” played a major part in bringing on the Civil War (1861-1865).

Calhoun was an outspoken proponent of slavery, which he declared to be  a “positive good” rather than a “necessary evil.”  He supported states’ rights and nullification–under which states could declare null and void federal laws which they deemed unconstitutional.

Over time, Southern states’ threats of “nullification” turned to those of “secession” from the Union.

Jackson died in 1845-–16 years before the Civil War erupted.  The resulting carnage destroyed as many as 620,000 lives.  More Americans died in the war than have been killed in all the major wars fought by the United States since.

When it ended, America was reinvented as a new, unified nation–-and one where slavery was now banned by the 13th Amendment to the United States Constitution.

Equally important, the Federal Government had now set a precedent for using overwhelming military power to force states to remain in the Union.

Except for die-hard secessionists, Americans overwhelmingly agreed, from 1865 on, that the Union was sacred and unbreakable.  Until, that is, the 2009 inauguration of Barack Obama–the country’s first black President.

Then, suddenly, secession–treason–became fashionable again, not only among many Southerners but even among so-called “mainstream” Republicans.

To date, sovereignty resolutions have been introduced in 58 state legislatures, and have passed in nine–Alaska, Arizona, Idaho, Kansas, North Dakota, South Dakota, Oaklahoma, Louisiana and Tennessee.

“Sovereignty” means supreme, independent authority over a territory–authority heretofore accepted as residing with the federal government.

For more than 20 years, Cliven Bundy, a Nevada cattle rancher, has refused to pay fees for grazing cattle on public lands, some 80 miles north of Las Vegas.

The Federal Bureau of Land Management (BLM) says Bundy now owes close to $1 million. He says his family has used the land since the 1870s and doesn’t recognize the federal government’s jurisdiction.

In 2013, a federal judge ordered Bundy to remove his livestock.

Bundy ignored the order, and was in fact even quoted as saying; “I don’t recognize the United States government as even existing.”

In early April, 2014, BLM agents rounded up more than 400 of his cattle.

Over the weekend of April 12-13, armed militia members and states’ right protesters showed up to challenge the move.

Rather than risk violence, the BLM did an about-face and released the cattle.

While Right-wingers hail this as a victory for “states’ rights,” the truth is considerably different.

Bundy’s refusal to recognize the federal government’s jurisdiction amounts to: “I will recognize–and obey–only those laws that I happen to agree with.”

Abraham Lincoln dedicated his Presidency–and sacrificed his life–to ensure the preservation of a truly United States.

And Robert E. Lee—the defeated South’s greatest general—spent the last five years of his life trying to put the Civil War behind him and persuade his fellow Southerners to accept their place in the Union.

But Cliven Bundy and other Right-wing champions of treason are working hard to destroy that union–and unleash a second Civil War.

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FASCISTS FOREVER, JUDGES NO MORE: PART TWO (END)

In History, Law, Politics, Social commentary on May 2, 2014 at 12:00 am

If Newt Gingrich becomes President, he has big plans for the American federal judiciary: To arrest and remove all those judges who do not follow his right-wing agenda.

Adolf Hitler laid out his plans for remaking Germany and the world in his book, Mein Kampf (My Struggle).

And would-be Fuehrer Gingrich has openly proclaimed his own dictatorial intentions.

In a December 18, 21011 appearance on “Face the Nation,” Gingrich spoke candidly with host Bob Schieffer about his hatred for much of the American federal judiciary.

Schieffer: Mr. Speaker, the old saying in legal circles is that the Supreme Court is not last because it’s right, it’s right because it’s last.

There comes a point where you have to accept things as the law of the land. How do you decide, how does the President decide what’s a good law and I’m going to obey the Supreme Court or what’s a bad law and I’m just going to ignore it?

Gingrich: I think it depends on the severity of the case. I’m not suggesting that the Congress and the President review every decision.

I’m suggesting that when there are decisions….in which they’re literally risking putting civil liberty rules in battlefields, it’s utterly irrational for the Supreme Court to take on its shoulders the defense of the United States. It’s a violation of the Constitution.

* * * * *

Schieffer: …. Next year the Supreme Court is going to take up Obama’s healthcare proposal. What if they throw it out? Can President Obama then say I’m sorry boys, I’m just going to go ahead and implement it. Could he do that?

Gingrich: The key question is, what would the Congress then do? Because there are three branches….

Schieffer: But could he do that?

Gingrich: He could try to do that. And the Congress would then cut him off. Here’s the key — it’s always two out of three.

If the President and the Congress say the court is wrong, in the end the court would lose. If the Congress and the court say the President is wrong, in the end the President would lose.

And if the President and the court agreed, the Congress loses. The founding fathers designed the Constitution very specifically in a Montesquieu spirit of the laws to have a balance of power, not to have a dictatorship by any one of the three branches.

Schieffer: ….And a number of conservatives, including two of George Bush’s attorneys general, Alberto Gonzales and Michael Mulcasey, both said and I’m going to just quote what Mr. Mulcasey said.

….He told Fox News, he said “Mr. Gingrich’s proposal is dangerous, ridiculous, totally irresponsible, outrageous, off the wall, and would reduce the entire judicial system to a spectacle.”

Now that’s a conservative judge or a conservative attorney general. How do you respond to that?

Gingrich: I think many lawyers will find this a very frightening idea. They’ve had this run of 50 years of pretending judges are supreme, that they can’t be challenged. The lawyer class defines America.

We’ve had rulings that outlawed school prayer, we’ve had ruling that outlawed the cross, we’ve had rulings the outlawed the 10 Commandments, we’ve had a steady secular drive to radicalize this country away from all of its core beliefs.

I mean what got me into this was the 9th Circuit saying that one nation under God is unconstitutional.

* * * * *

On June 30, 1934, Hitler ordered his private army, the SS (Schutzstaffel, or Protective Squad) to purge his other private army, the S.A., or Brown Shirts.

At least 200 men and women were murdered throughout Germany.

Some died by firing squad. Others were executed in prison. Still others were shot down in their homes.

Afterward, Hitler appeared before the German parliament, the Reichstag, to justify his actions:

“If someone asks me why we did not use the regular courts, I would reply: At that moment I was responsible for the German nation. It was I, alone, who, during those 24 hours, was the Supreme Court of Justice of the German people.”

It took a six-year war that cost the lives of 50 million men, women and children to finally oust this “Supreme Court of Justice for the German People.”

Apparently Newt Gingrich believes it’s a title well worth resurrecting–here in America.

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FASCISTS FOREVER, JUDGES NO MORE: PART ONE (OF TWO)

In History, Law, Politics, Social commentary on May 1, 2014 at 12:08 am

Republicans have a love/hate relationship with Adolf Hitler.

On one hand, they repeatedly accuse President Barack Obama of being another Hitler. They decorate his poster with the toothbrush mustache worn by Germany’s Fuehrer. They dismiss Obama’s eloquence with: “Hitler also gave good speeches.”

Adolf Hitler

On the other hand, they run candidates whose power-lust and ruthlessness match that of Hitler or any of his henchmen.

Among these in the past have been such notorious figures as Senator Joseph “Tail Gunner Joe” McCarthy, House Majority Leader Tom DeLay, President Richard M. Nixon and House Speaker Newt Gingrich.

And now a figure from that past is once again planning a last, desperate grasp for absolute power in 2016: Newt Gingrich.

Newt Gingrich

In a half-hour phone call with reporters on December 17, 2011, Gingrich said that, as President, he would abolish whole courts to be rid of judges whose decisions he feels are out of step with the country.

“Are we forced for a lifetime to keep someone on the bench who is so radically anti-American that they are a threat to the fabric of the country?” Gingrich asked.

“What kind of judge says you’ll go to jail if the word ‘invocation’ is used? If this isn’t a speech dictatorship, I’d like you to show me what one looks like.”

And appearing on CBS’ “Face the Nation,” Gingrich said the President could send federal law enforcement authorities to arrest judges who make controversial rulings in order to compel them to justify their decisions before congressional hearings.

When host Bob Schieffer asked how he would force federal judges to comply with congressional subpoenas, there occurred this telling exchange:

Schieffer: Let me just ask you this. You talk about enforcing it because one of things you say is if you don’t like what a court has done, the congress should subpoena the judge and bring him before congress and hold a congressional hearing.

Some people say that’s unconstitutional but I’ll let that go for a minute. I just want to ask you from a practical standpoint, how would you enforce that? Would you send the Capitol police down to arrest him?

Gingrich: If you had to or you’d instruct the Justice Department to send a U.S. Marshal. Let’s take the case of Judge Biery. I think he should be asked to explain a position that radical.

How could he say he’s going to jail the superintendent over the word benediction and invocation?

Because before…because then I would encourage impeachment. But before you move to impeachment, you’d like to know why he said it. Now clearly since the congress has the power.

Schieffer: What if he didn’t come? What if he said, no thank you, I’m not coming?

Gingrich: Well that is what happens in impeachment cases. In an impeachment case, the House studies whether or not, the House brings them in, the House subpoenas them. And as a general rule they show up.

I mean, but you’re raising the core question, are judges above the rest of the constitution? Or are judges one of the three co-equal branches?

* * * * *

The politicizing of the judiciary was one of the major hallmarks of Hitler’s Germany. Those judges who refused to hand out the types of verdicts Hitler desired were quickly removed.

They were replaced by judges like the infamous Roland Freisler, who chaired the First Senate of the People’s Court, and acted as judge, jury and prosecutor.

Roland Freisler

About 90% of all defendants appearing before him were sentenced to death or life imprisonment. The sentences had often been determined before trial.

Between 1942 and 1945, more than 5,000 death sentences were handed out. Of these, 2,600 were issued by the court’s First Senate, which Freisler headed.

Freisler was infamous for humiliating defendants. Several defendants in the July 20, 1944 bomb plot against Hitler appeared before him. One of these was Ulrich-Wilhelm Graf Schwerin von Schwanenfeld.

Schwerin, brought to court without a belt and tie, tried to preserve his dignity by holding up his pants. Freisler mocked him as a pervert for “playing” with his trousers.

When Schwerin said that he had come to oppose Hitler because of “the many murders in Germany and abroad” he was furiously interrupted by Freisler, who finally shouted him down.

On September 8, 1944, Schwerin was hanged in prison in Berlin.

On 3 February 1945, Freisler was conducting a Saturday session of the People’s Court, when American bombers attacked Berlin.   A hit on the courthouse unloosed a heavy beam that crushed his skull, instantly killing him.

Adolf Hitler laid out his plans for remaking Germany and the world in his book, Mein Kampf (My Struggle). Newt Gingrich has openly proclaimed his own dictatorial intentions.

Hitler published Mein Kampf in 1925–eight years before he became Germany’s Fuehrer in 1933.

Five years before the 2016 election, Gingrich has given warning of his own dictatorial plans for remaking the United States in his own image.

Most Germans who detested Hitler refused to take him seriously–until it was too late.

History will judge whether Americans act more responsibly than their German counterparts.

END OF PART ONE

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SAFETY LOSES, TERRARABISM WINS: PART THREE (END)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on April 30, 2014 at 12:00 am

Since 1993, New York City–as the financial capital of the nation–has been Target Number Two for Islamic extremists.

Only Washington, D.C.–the nation’s political capital–outranks it as the city Islamic terrorists most want to destroy.

But for large numbers of New York’s Islamic community, this is unimportant.  What is important, to them, is their being viewed with distrust by the NYPD.

“The Demographics Unit created psychological warfare in our community,” said Linda Sarsour, of the Arab American Association of New York.

‘Those documents, they showed where we live. That’s the cafe where I eat. That’s where I pray. That’s where I buy my groceries.

“They were able to see [our] entire lives on those maps. And it completely messed with the psyche of the community.”

But that’s entirely the point of having an effective Intelligence unit: To disrupt “the psyche” of those who plan acts of violence against a community.

In 1964, the FBI launched such a counterintelligence program–in Bureau-speak, a COINTELPRO–against the Ku Klux Klan.

Up to that point, Klansmen had shot, lynched and bombed their way across the Deep South, especially in Alabama and Mississippi.  Many Southern sheriffs and police chiefs were Klan sympathizers, if not outright members and accomplices.

Related image

Ku Klux Klansmen in a meeting

The FBI’s covert action program aimed to “expose, disrupt and otherwise neutralize” Ku Klux Klan groups through a wide range of legal and extra-legal methods.

FBI Special Agents:

  • Planted electronic surveillance devices in Klan meeting places.
  • Carried out “black bag jobs”–burglaries–to steal Klan membership lists.
  • Contacted the news media to publicize arrests and identify Klan leaders.
  • Informed the employers of known Klansmen of their employees’ criminal activity, resulting in the firing of untold numbers of them.
  • Developed informants within Klans and sewed a climate of distrust and fear among Klansmen.
  • Beat and harassed Klansmen who threatened and harassed them.

“They were dirty, rough fellows,” recalled William C. Sullivan, who headed the FBI’s Domestic Intelligence Division in the 1960s.  “And we went after them with rough, tough methods.

William C. Sullivan

“When the Klan reached 14,000 in the mid-sixties, I asked to take over the investigation of the Klan.  When I left the Bureau in 1971, the Klan was down to a completely disorganized 4,300.  It was broken.”

Click here: The Bureau My Thirty Years in Hoover’s FBI: William C Sullivan, Sam Sloan, Bill Brown: 9784871873383: Amazon.com:

And for more than a decade, the Demographics Unit of the NYPD’s Counterterrorism Division worked diligently to prevent another major terrorist attack on New York City.

Agent at NYPD Counterterrorism Division Center

Then, in 2013, New York City voters elected Democrat Bill de Blazio as Michael Bloomberg’s successor as mayor.

For de Blasio, scoring Politically Correct points with New York’s uber-liberal community was more important than supporting a proven deterrent to terrorism.

Click here: New York Drops Unit That Spied on Muslims – NYTimes.com

De Blazio promised to give new Yorkers “a police force that keeps our city safe, but that is also respectful and fair.

“This reform [disbanding the Demographics Unit] is a critical step forward in easing tensions between the police and the communities they serve, so that our cops and our citizens can help one another go after the real bad guys,” he claimed.

In Washington, 34 members of Congress demanded an FBI investigation into the NYPD’s covert surveillance program.

Attorney General Eric Holder said he found reports about the operations disturbing.  The Department of Justice said it was reviewing complaints received from Muslims and their supporters.

All of this contradicted the warning provided by a Federal judge on February 20, 2014.

U.S. District Judge William Martini in Newark, N.J., threw out a suit brought against the NYPD by eight New Jersey Muslims.

They claimed that the NYPD’s surveillance of mosques, restaurants and schools in the state since 2002 was unconstitutional because Muslims were being targeted solely on the basis of their religion.

In his ruling, however, Martini disagreed:

“The police could not have monitored New Jersey for Muslim terrorist activities without monitoring the Muslim community itself.

“The motive for the program was not solely to discriminate against Muslims, but rather to find Muslim terrorists hiding among ordinary, law-abiding Muslims.”

Both NYPD Cmmissioner Raymond Kelly and Deputy Commissioner of Intelligence David Cohen chose to retire in 2013.

The Demographics Unit of the NYPD’s Counterterrorism Division was officially disbanded on April 15.  Detectives that had been assigned to it were transferred to other duties within the Intelligence Division.

Jawad Rasul, one of the students on the whitewater rafting trip in upstate New York, was enraged when he learned that his name was included in the police report.

“It forces me to look around wherever I am now,” Rasul said.

So now he knows how Americans feel when they spot Muslim women wearing chadors that hide their faces from view, or even burqas that cover their entire bodies (and any explosive devices they might be carrying).

Political Correctness mavens might laugh or sneer at such a warning.  But Al Qaeda has used exactly that tactic repeatedly–and successfully–against Afghan military forces.

Osama bin Laden was forced to spend his last years in a Pakistani house watching movies on TV. But that didn’t stop him from continuing to plot further acts of destruction against “infidel Crusaders.”

Among the plots he sought to unleash was the assassination of President Barack Obama.

It was simply America’s good fortune that the Navy SEALS got him first.

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SAFETY LOSES, TERRARABISM WINS: PART TWO (OF THREE)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on April 29, 2014 at 12:02 am

In creating the NYPD’s Counterterrorism Division, David Cohen had a secret weapon: The latent resources of the NYPD.  Many of its officers were foreign-born, making them ideal espionage operatives

His Afghan- or Pakistan-born linguists could easily monitor chat rooms in Kabul or Peshawar, looking for Islamics seeking to carry out attacks on New York City.

The FBI, on the other hand, fearing divided loyalties, usually rejected hiring foreign-born applicants: “Oooh, [you] grew up in Pakistan,” mocked Cohen. “We can’t use you.”

Cohen realized that some analysts made better report-writers than streetwise detectives.  And some detectives were better at unearthing criminal secrets than desk-bound analysts.

So Cohen decided to pair Ivy-league-educated analysts with veteran detectives.  Together, they could pool their talents and compensate for each other’s weaknesses.

Perhaps most importantly, Cohen’s unit was not judged by the number of arrests or convictions generated by its activities.

Its purpose was to disrupt terror cells and prevent terrorist acts, not to prosecute individuals after they had unleashed destruction.

Agents of NYPD’s Counterterrorism Unit

Meanwhile, the CIA, FBI, Department of Homeland Security and the National Security Agency watched with growing anger as the NYPD trespassed on their jealously guarded turf.

What right did a mere local police department–even one of 33,000 sworn officers–have to conduct overseas Intelligence operations?

Cohen, in turn, was not shy in answering: We relied on you Feds to protect us in 1993 and 2001–and look at what happened.

And events soon proved the need for such a stepped-up anti-terrorism effort.

Since September 11, 2001, there have been 16 known terrorist plots against New York City.  Among these:

  • In 2002, Iyman Faris, a U.S.-based al-Qaeda operative, planned to cut the Brooklyn Bridge’s support cables.  But due to NYPD anti-terrorism efforts, Faris called off the plot, telling al-Qaeda leaders that “the weather is too hot.”  He was arrested, pled guilty, and sentenced to 20 years’ imprisonment.
  • In 2006, Dhiren Barot was sentenced to life in prison by a United Kingdom court for planning to attack  targets both in the UK and the United States.  These included the New York Stock Exchange and, Citigroup’s headquarters in Midtown Manhattan.
  • Shahawar Matin Siraj and James Elshafay plotted in 2004 to place bombs in the Herald Square subway station in Manhattan. Elshafay had already chosen potential targets before he met an NYPD informant in early 2004.  Both men were arrested, convicted and sentenced to prison.
  • In 2006, four men plotted to detonate the jet-fuel storage tanks and supply lines for John F. Kennedy Airport in order to cause wide-scale destruction and economic disruption.   All four were arrested and sentenced to prison–three of them for life.
  • In September 2009, the New York City subway system was targeted by three men who planned to set off bombs in the subway during rush hour shortly after the eighth anniversary of 9/11.  All three were arrested.  Two pled guilty and await sentencing; the third has been sentenced to life imprisonment.
  • Faisal Shahzad, a Pakistan-American residing in Connecticut, tried but failed to set explode a car bomb in Times Square on May 1, 2010.  Cooperation between NYPD and the FBI led to his identification and arrest 53 hours after the attempt, as he tried to flee the country. Shahzad pled guilty to all charges against him and was sentenced to life in prison.

All of these plots were foiled by the NYPD, the FBI, or by a combination of these agencies.

Then, after more than a decade’s successes in foiling a series of Islamic plots against New York City, disaster struck the NYPD’s Counterterrorism Division.

On February 18, 2012, the Associated Press (AP) broke the news that the NYPD had monitored Muslim college students far more broadly than previously known.

According to the AP:

  • The NYPD conducted surveillance at schools far removed from New York.
  • These included Yale University in New Haven, Connecticut, and the University of Pennsylvania.
  • Detectives daily tracked Muslim student websites and recorded the names of professors and students.

  • The NYPD, with CIA help, monitored Muslims where they ate, shopped and worshiped.
  • The NYPD placed undercover officers at Muslim student associations in colleges within New York City.
  • In one NYPD operation, an undercover officer accompanied 18 Muslim City College students on a whitewater rafting trip in upstate New York. He noted the names of those who were officers of the Muslim Student Association.

To put this act of journalistic treachery into historical context: Imagine the New York Times leaking the exact timetable for the D-Day invasion to agents of Nazi Germany.

New York’s Islamic community had long accused the NYPD of “profiling” its members.  Armed with the AP’s revelations, Islamics rushed to capitalize on them.

“I see a violation of civil rights here,” said Tanweer Haq, chaplain of the Muslim Student Association at Syracuse University, upon learning of the AP’s revelations.

“Nobody wants to be on the list of the FBI or the NYPD or whatever. Muslim students want to have their own lives, their own privacy and enjoy the same freedoms and opportunities that everybody else has.”

That’s true. But no other nationality has so often attacked Americans within the last 35 years–nor continues to pose so great a threat to this country.

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SAFETY LOSES, TERRARABISM WINS: PART ONE (OF THREE)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on April 28, 2014 at 12:01 am

There is a famous joke about racial profiling that’s long made the rounds of the Internet. It appears in the guise of a “history test,” and offers such multiple-choice questions as: I

n 1972 at the Munich Olympics, athletes were kidnapped and massacred by:

  • Olga Corbett
  • Sitting Bull
  • Arnold Schwarzenegger
  • Muslim male extremists mostly between the ages of 17 and 40

In 1979, the US embassy in Iran was taken over by:

  • Lost Norwegians
  • Elvis
  • A tour bus full of 80-year-old women
  • Muslim male extremists mostly between the ages of 17 and 40

During the 1980s a number of Americans were kidnapped in Lebanon by:

  • John Dillinger
  • The King of Sweden
  • The Boy Scouts
  • Muslim male extremists mostly between the ages of 17 and 40

In 1983, the US Marine barracks in Beirut was blown up by:

  • A pizza delivery boy
  • Pee Wee Herman
  • Geraldo Rivera
  • Muslim male extremists mostly between the ages of 17 and 40

In 1985, the cruise ship Achille Lauro was highjacked and a 70-year-old American passenger was murdered and thrown overboard in his wheelchair by:

  • The Smurfs
  • Davy Jones
  • The Little Mermaid
  • Muslim male extremists mostly between the ages of 17 and 40

In 1988, Pan Am Flight 103 was bombed by:

  • Scooby Doo
  • The Tooth Fairy
  • Butch Cassidy and the Sundance Kid
  • Muslim male extremists mostly between the ages of 17 and 40

On September 11, 2001, four airliners were hijacked. Two were used as missiles to take out the World Trade Center; one crashed into the Pentagon; and the other was diverted and crashed by the passengers. Thousands of people were killed by:

  • Bugs Bunny, Wiley E. Coyote, Daffy Duck and Elmer Fudd
  • The Supreme Court of Florida
  • Mr. Bean
  • Muslim male extremists mostly between the ages of 17 and 40

Do you see a pattern here to justify profiling? To ensure that we Americans never offend anyone, particularly fanatics intent on killing us, airport security screeners should not profile certain people.

They must conduct random searches of 80-year-old women, little kids, airline pilots with proper identification, Secret Service agents of the President’s security detail, 85-year-old Congressmen with metal hips, and Medal of Honor winner-winning and former Governor Joe Foss.

But they should leave Muslim males between the ages of 17 and 40 alone because profiling is not Politically Correct. When are we going to wake up to reality?

* * * * *

It’s well to remember the bitter truth behind this joke, especially in light of the April 15 headline on the National Public Radio website:

NYPD SHUTS DOWN

CONTROVERSIAL UNIT

THAT SPIED ON MUSLIMS

Click here: NYPD Shuts Down Controversial Unit That Spied On Muslims : The Two-Way : NPR

Yes, on April 15, the New York Police Department said it would disband a special unit charged with carrying out secret surveillance of Muslim groups.

Formed in 2003, the Demographics Unit had sent plainclothes detectives to secretly listen in on Islamic sermons in mosques, infiltrate Muslim neighborhoods and spy on individuals and groups.

The goal: To unearth terror cells before they could launch deadly attacks against New York City residents.

The unit had been established–as part of a worldwide Intelligence network operated by the NYPD–during the Mayorship of Republican/Independent Michael Bloomberg.

Commanding the NYPD was Raymond Kelly, a veteran of 47 years in the agency.  Kelly had served in 25 different commands and as Police Commissioner from 1992 to 1994.  Reappointed in 2002, he retired from the NYPD in 2013.

A lifelong New Yorker, Kelly had seen his city twice targeted by Islamic extremists in eight years.

The first attack had come in 1993, with the unsuccessful bombing attempt on the World Trade Center.  The second–and this time successful–attack on the Center had come eight years later, on September 11, 2001.

World Trade Center – September 11, 2001

With 2,977 New Yorkers obliterated in less than two hours, Kelly knew his city could no longer rely on the FBI and CIA to safeguard its residents.

He decided to borrow a page from the FBI’s own history.

Decades ago, the Bureau had created legal attaches–“Legats,” in Bureau-speak–in police departments around the world.  These contacts had provided the FBI with invaluable Intelligence on wanted fugitives and imminent acts of criminality.

Now the NYPD would arm itself with the same weapon.

Through these liaisons, the NYPD would tap into the Intelligence resources of police departments and espionage agencies throughout the world.

The NYPD greatly expanded the ranks of its Counterterrorism Division. More than 600 officers and operatives both stateside and worldwide now stood guard over New York City.

Click here: Amazon.com: Securing the City: Inside America’s Best Counterterror Force–The NYPD eBook: Christopher Dickey: Book 

Heading this division was David Cohen as Deputy Commissioner of Intelligence.  He had previously served as Deputy Director for Operations at the CIA, overseeing domestic missions in the 1980s and overseas assignments in the 1990s.

Given the full backing of Mayor Bloomberg and Commissioner Kelly, Cohen soon had twice as many fluent Arabic speakers on his staff as the entire FBI.

His agents spoke some 50 languages and dialects, which matched the reported linguistic capabilities of the CIA.

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THE DANGERS OF TIMIDITY

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on April 23, 2014 at 1:00 am

President Barack Obama–or at least Neil Kornze, the director of the Federal Bureau of Land Management (BLM)–has some serious lessons to learn about the uses of power.

For more than 20 years, Cliven Bundy, a Nevada cattle rancher, has refused to pay fees for grazing cattle on public lands, some 80 miles north of Las Vegas.

BLM says Bundy now owes close to $1 million. He says his family has used the land since the 1870s and doesn’t recognize the federal government’s jurisdiction.

In 2013, a federal judge ordered Bundy to remove his livestock. He ignored the order, and in early April, 2014, BLM agents rounded up more than 400 of his cattle.

Over the weekend of April 12-13, armed militia members and states’ right protesters showed up to challenge the move.

US Bureau of Land Management (BLM) | Tethys

Bureau of Land Management logo 

Rather than risk violence, the BLM did an about-face and released the cattle.

Right-wing bloggers and commentators have portrayed the incident as a victory over Federal tyranny.

According to Alex Jones’ Infowars.com: “Historic!  Feds Forced to Surrender to American Citizens.”

Right-wingers have depicted Bundy as a put-upon Everyman being “squeeaed” by the dictatorial Federal government.

They have deliberately ignored a number of inconvenient truths–such as:

  • He claims that his grazing rights were established in 1880 when his ancestors settled the land where his ranch sits.
  • But the Nevada constitution–adopted in 1864 as a condition of statehood–contradicts Bundy’s right to operate as a law unto himself.
  • The constitution says: “The people inhabiting said territory do agree and declare, that they forever disclaim all right and title to the unappropriated public lands lying within said territory, and that the same shall be and remain at the sole and entire disposition of the United States.”
  • In 1934,  the Taylor Grazing Act gave existing ranchers permits allowing them to run their herds on federal land.
  • In turn, ranchers paid user fees, which were lower than what most private landowners would have charged.
  • In 1993, the Federal government launched an effort to protect the endangered desert tortoise.
  • Certain grasslands were placed off-limits for grazing, and the government bought out the permits of some ranchers.
  • Among others, Bundy refused to sell and kept grazing his cattle on restricted federal land without a permit.
  • Amidst mounting fees and fines, Bundy repeatedly slugged it out in court against government lawyers.  He lost.
  • In 1998, a federal judge permanently barred him from letting his cattle graze on protected federal land.
  • In early April, 2014, BLM agents–charged with overseeing grazing rights–began rounding up Bundy’s cattle to remove them from federal property.

Bundy’s family and other ranchers–backed up by a motley assortment of self-declared militiamen armed with rifles and pistols–confronted the agents.

Fearing another Waco–regarded by Right-wing Americans as a second Alamo–the BLM agents backed down and released Bundy’s cattle.  And then retreated.

While Right-wingers hail this as a victory for “states’ rights,” the truth is considerably different.

Bundy’s refusal to recognize the federal government’s jurisdiction amounts to: “I will recognize–and obey–only those laws that I happen to agree with.”

And the BLM’s performance offers a texbook lesson on how not to promote respect for the law–or for those who enforce it.

As Niccolo Machiavelli, the father of modern political science warned more than 500 years ago in The Prince:

[A ruler] is rendered despicable by being thought changeable, frivolous, effeminate, timid and irresolute—which [he] must guard against as a rock of danger…. 

[He] must contrive that his actions show grandeur, spirit, gravity and fortitude. 

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

Niccolo Machiavelli

In his master-work, The Discouorses, he outlines the consequences of allowing lawbreakers to go unpunished:

...Having established rewards for good actions and penalties for evil ones, and having rewarded a citizen for conduct who afterwards commits a wrong, he should be chastised for that without regard to his previous merits….

For if a citizen who has rendered some eminent service to the state should add to the reputation and influence which he has thereby acquired the confident audacity of being able to commit any wrong without fear of punishment, he will in a little while become so insolent and overbearing as to put an end to all power of the law.

The conduct of the agents of BLM has violated that sage counsel on all counts.

BLM agents should have expected trouble from Right-wing militia groups–and come fully prepared to deal with it.

The FBI and the U.S. Marshals Service, for example, have created SWAT teams to deal with those who threaten  violence against the Federal Government.

Civil War General William Tecumseh Sherman had a formula for dealing with domestic terrorists of his own time.

Writing to his commander, Ulysses S. Grant, about the best way to treat Confederate guerrillas, he advised:

Black-and-white photograph of Sherman in uniform with his arms folded in front of him

General Willilam Tecumseh Sherman

“They cannot be made to love us, but they may be made to fear us.  We cannot change the hearts of those people of the South.

“But we can make war so terrible that they will realize the fact that . . . they are still mortal and should exhaust all peaceful remedies before they fly to war.”

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GOVERNMENT AS IT REALLY WORKS: PART TWO (END)

In Bureaucracy, History, Law, Law Enforcement, Military, Politics, Social commentary on April 22, 2014 at 12:40 am

In 1972, 41 years before Edward Snowden revealed that the National Security Agency was spying on the Internet, David Halberstam issued a warning about government secrecy.

As a young reporter for the New York Times covering the early years of the Vietnam war, Halberstam had repeatedly confronted government duplicity and obstruction.

David Halberstam (on left)

Halberstam arrived in South Vietnam in 1962.  Almost at once he realized that the war was not going well for the United States Army and its supposed South Vietnamese allies.

The South Vietnamese Army (ARVN) was ill-trained and staffed with incompetent officers who sought to avoid military action.

Reports to military superiors were filled with career-boosting lies about “progress” being made against Viet Cong guerrillas and North Vietnamese soldiers.

“Screw up and move up” was the way Americans described the ARVN promotion system.

Halberstam soon learned that the phrase applied just as much to the American Army as well–for reasons of the same incompetence and duplicity.

Returning from Vietnam and resigning from the Times, Halberstam set to work on his landmark history of how the United States had become entangled in a militarily and economically unimportant country.

He would call it The Best and the Brightest, and the title would become a sarcastic reference to those men in the Kennedy and Johnson administrations whose arrogance and deceit plunged the United States into disaster.

Halberstam outlined how the culture of secrecy and unchecked power led American policymakers to play God with the lives of other nations.

Out of this grew a willingness to use covert operations.  And this meant keeping these secret from Americans generally and Congress in particular.

This ignorance allowed citizens to believe that America was a different country.  One that didn’t engage in the same brutalities and corruptions of other nations.

Thus, President Lyndon B. Johnson claimed to be the peace candidate during the 1964 election.  Meanwhile, he was secretly sending U.S. Navy ships to attack coastal cities in North Vietnam.

When North Vietnam responded militarily, Johnson feigned outrage and vowed that the United States would vigorously resist “Communist aggression.”

The history of covert operations has had its own in- and -out-of seasons:

  • During the Eisenhower Administration, the Central Intelligence Agency overthrew the governments of Iran (1953) and Guatemala (1954).
  • During the Kennedy Administration, the CIA repeatedly tried to assassinate Cuba’s “Maximum Leader,” Fidel Castro.
  • During the Nixon Adminisdtration, the CIA plotted with right-wing army leaders to successfully overthrow Salvador Allende, the Leftist, legally-elected President of Chile (1973).
  • In 1975, the CIA’s history of assassination attempts became public through an expose by New York Times Investigative Reporter Seymour Hersh.
  • Following nationwide outrage, President Gerald Ford signed an executive order banning the agency from assassinating foreign leaders.

After 9/11, President George W. Bush and Vice President Dick Cheney decided to “take off the gloves.”

The CIA drew up an ever-expanding list of targets and used killer drones and Special Operations troops (such as SEALs and Green Berets) to hunt them down.

Predator drone firing Hellfire missile

And when these weren’t enough, the CIA called on expensive mercenaries (such as Blackwater), untrustworthy foreign Intelligence services, proxy armies and mercurial dictators.

In his 2013 book, The Way of the Knife, New York Times national security correspondent Mark Mazzetti traces the origins of this high-tech, “surgical” approach to warfare.

Within the course of a decade, the CIA has moved largely from being an intelligence-gathering agency to being a “find-and-kill” one.

And this newfound lethality came at a price: The CIA would no longer be able to provide the crucial Intelligence Presidents need to make wise decisions in a dangerous world.

While the CIA sought to become a more discreet version of the Pentagon, the Pentagon began setting up its own Intelligence network in out-of-the-way Third World outposts.

And, ready to service America’s military and Intelligence agencies at a mercenary’s prices, are a host of private security and Intelligence companies.

Jeffrey Smith, a former CIA general counsel, warns of the potential for trouble: “There is an inevitable tension as to where the contractor’s loyalties lie.  Do they lie with the flag?  Or do they lie with the bottom line?”

Mazzetti warns of the dark side of these new developments. On one hand, this high-tech approach to war has been embraced by Washington as a low-risk, low-cost alternative to huge troop commitments and quagmire occupations.

On the other hand, it’s created new enemies, fomented resentments among allies and fueled regional instability.  It has also created new weapons unbound by the normal rules of accountability in wartime.

Finally, it’s raised new and troubling ethical questions, such as:

  • What is the moral difference between blowing apart a man at a remote distance with a drone-fired missile and shooting him in the back of the head at close range?
  • Why is the first considered a legitimate act of war–and the second considered an illegal assassination?

In time, there will be answers to many of the uncertainties this new era of push-button and hired-soldier warfare  has unleashed.  And at least some of those answers may come at a high price.

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PAULA DEEN’S REAL LAGACY: PART THREE (END)

In Bureaucracy, Business, Law, Social commentary on April 16, 2014 at 12:38 am

In 2012, Celebrity Chef Paula Deen was sued by a former employee for sexual/racial harassment. For Deen, the deposition she filed in May, 2013, proved to be the worst mistake of her life.

Interrogated by Matthew C. Billips, the attorney for the plaintiff, Lisa Jackson, Deen responded as follows:

Q.  Are you aware of [your brother, Earl “Bubba” Hiers] admitting that he engaged in racially and sexually inappropriate behavior in the workplace?

A.  I guess. Q.  Okay.

A.  If I was sitting here I would have heard it.

Mistake #13:  She admits once again to having been apprised of her brother’s offensive behavior.

Earl “Bubba” Hiers

Q.  Okay.  Well, have you done anything about what you heard him admit to doing?

A.  My brother and I have had conversations.  My brother is not a bad person.  Do humans behave inappropriately?  At times, yes. 

I don’t know one person that has not.  My brother is a good man.  Have we told jokes?  Have we said things that we should not have said, that–yes, we all have.  We all have done that, every one of us.

Mistake #14:  She admitted to having talked with her brother about his offensive behavior–but she did not say she did anything to stop it or punish him for it.

Q.  You said you have had such conversations with [your brother]. When did you do so?

A.  When Karl told me he was stealing, I addressed that with Bubba.

Q.  And as a result of Mr. Hiers stealing, he received a pay increase and the money he had taken was recharacterized as wages, is that correct?

A.  I don’t know how it was settled.  I know that Karl was paying Lisa Jackson more than my brother was being paid, so if there was a salary increase, it would have been long overdue.

Mistake #15:  She admitted that even though she learned that one of her employees was stealing from her, she had nevertheless retained him. 

Speaking of her employee, Karl Schumacher, Deen said:

A.  Karl is the most judgmental person I know.  And out of every team member on our team, he is certainly the most prejudice.

Mistake #16:  She admitted that she had retained an employee who was openly prejudiced toward a wide range of people.

MackWorks, a business consulting firm, conducted an investigation of Uncle Bubba’s, which was owned by her brother, Earl “Bubba” Hiers. A

.  I didn’t read the report.

Q.  Okay.  And what, if any, investigation have you done to determine if it is your brother who is lying, as opposed to Miss Jackson and Mr. Schumacher and the people at MackWorks?

A.  I know my brother.  I know his character.  If I ask him something, he would not lie to me, nor would I to him.  There was nothing to investigate.

Mistake #18:  After an independent consulting firm gives her a scathing report about her brother’s restaurant, she didn’t read it.  

Mistake #19:  She admitted she didn’t read it.

Mistake #20:  She admitted she took no action to discover the truth for herself: “There was nothing to investigate.”

* * * * *

The media has focused its attention on Deen’s admission to having used the “N-word.”

  But clearly she was running a dysfunctional operation–replete with alcoholism, racial prejudice, sexual harassment and theft.

Much has been made of Deen’s serving as an ambassador of Southern culture and cooking.

But if only some of the accusations made against her hold up, she must also serve as an ambassador of a South decent Americans want to forget–and forever put behind them.

That was definitely an era when blacks knew their place–which was as slaves in the kitchens or fields of the Southern planter class who owned them.

According to Jackson, those are the days Deen would love to return to.

Deen has given lip service to knowing that the days of Southern racism are past.  But according to the complaint filed against her by her former employee, Lisa Jackson, that past remained very much alive:

  • Requiring black employees to use separate bathrooms and entrances from whites.
  • Holding black employees to “different, more stringent standards” than whites.
  • Allowing her brother, Earl “Bubba” Hiers, to regularly made offensive racial remarks.
  • Allowing Hiers to make inappropriate sexual comments.
  • Allowing Hiers to force the plaintiff, Lisa Jackson, to look at pornography with him.
  • Allowing Hiers to often violently shake employees.
  • Allowing Hiersto come to work in “an almost constant state of intoxication.”
  • Enabling Hiers’ behavior by ignoring Jackson’s efforts to discuss his behavior.
  • Holding “racist views herself.”

Many of Deen’s supporters have claimed she is the victim of anti-Southern prejudice. But the truth appears that only in the South could she have run so gigantic and lucrative an empire for so long in such prejucial and dysfunctional fashion.

The wonder is not that the Food Network refused to renew her contract after June, 2013.  The wonder is that she has managed to stay in business this long.