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A DEVIL’S BARGAIN

In Bureaucracy, History, Military, Politics, Social commentary on April 8, 2015 at 12:01 am

The 1989 movie, Fat Man and Little Boy, provides useful insights into the real-life workings of bureaucracies.

In it, the brilliant and ambitious physicist, J. Robert Oppenheimer (played by Dwight Schultz) comes–too late–to realize he’s made a deal with the devil.

The same proved true for the J. Robert Oppenhiemer of history.

Paul Newman as General Leslie Groves and Dwight Schultz as J. Robert Oppenheimer 

Hired by Army General Leslie Groves (played by Paul Newman) to ramrod construction of an atomic bomb, Oppenheimer has no qualms about using it against Nazi Germany.

It’s believed, after all, that German scientists are furiously pursuing work on such a weapon.

The full horror of the extermination camps has not yet been revealed.  But “Oppie” and many other Jewish scientists working on the Manhattan Project can easily imagine the fate of Jews trapped within the borders of the Third Reich.

Then something unforeseen happens. On May 8, 1945, the Third Reich collapses and signs unconditional surrender terms.

Almost at the same time, the U.S. military learns that although German physicists had tried to make an atomic bomb, they never even got close to producing one.

So Oppenheimer finds himself still working to build the most devastating weapon in history–but now lacking the enemy he had originally signed on to destroy.

Meanwhile, the U.S. Government has invested nearly $2 billion in the Manhattan Project–at a time when $2 billion truly meant the equivalent of $1 trillion today. Is all that money to go for nothing?

What to do?

Oppenheimer doesn’t have to make that decision. It’s made for him—by Groves, by Groves’ superiors in the Army, and ultimately by the new President, Harry S. Truman.

The bomb will be used, after all. It will just be turned against the Japanese, who are even more hated by most Americans than the Germans. It doesn’t matter that:

  • The Japanese lack the technological skill of the Germans to produce an atomic bomb.
  • They are rapidly being pushed across the Pacific to their home islands.
  • American bombers are incinerating Japanese cities at wil.
  • The Japanese are desperately trying to find a way to surrender without losing face.

What matters is that Pearl Harbor is still fresh in the minds of Americans generally and of the American military in particular.

And that now that the Japanese are being pushed back into their home islands, they are fighting ever more fanatically to hold off certain defeat.

General Douglas MacArthur, who is scheduled to command the invasion of Japan, has estimated a million American casualties if this goes forward.

Oppenheimer, who has taught physics at the University of California at Berkeley, now finds himself being taught a lesson: That, once set in motion, bureaucracies–like objects–continue to move forward unless something intervenes to stop them.

And, in this case, there is no one willing to say: Stop.

So, on July 16, 1945, the first atomic bomb in history is detonated at Los Alamos, New Mexico.

Atomic bomb test at Los Alamos: July 16, 1945

Then, on August 6, 1945, an American B-29 bomber drops “Little Boy” on Hiroshima. An estimated 80,000 people die instantly.

By the end of the year, injury and radiation bring total casualties to 90,000-140,000.

On August 9, it’s the turn of Nagasaki. Casualty estimates for the dropping of “Fat Man” range from 40,000 to 73,884, with another 74,909 injured, and another several hundred thousand diseased and dying due to fallout and other illness caused by radiation.

For Oppenheimer, the three years he has devoted to creating an atomic bomb will prove the pivotal event of his life. He will be praised and damned as an “American Prometheus,” who brought atomic fire to man.

Countless Americans–especially those who would have been ordered to invade Japan–will revere him as the man who brought the war to a quick end.

And countless Americans–and non-Americans–will condemn him as a man whose arrogance and ambition led him to arm mankind with the means of its own destruction.

Witnessing the first successful atomic explosion, Oppenheimer had been stunned by the sheer magnitude of destructiveness he had helped unleash.

Quoting the Hindu holy book, the Bhagavad Gita, he murmured: “Now I am become Death, the shatterer of worlds.”

Faced with the massive toll of lives taken by the device he had created, Oppenheimer became convinced that the only hope for humanity lay in abolishing nuclear weapons.

He vigorously opposed the creation of a “super” hydrogen bomb. His advice was overruled, however, and construction of this went forward at the same pace that Oppenheimer had once driven others to create the atomic bomb.

The first test of this even more terrifying weapon occurred on November 1, 1952.

By 1953, just as Oppenheimer had predicted, the Soviet Union had launched its own H-bomb test.

In a famous meeting with President Truman, Oppenheimer reportedly said, “Mr. President, I have blood on my hands.”

Truman later claimed that he had offered Oppenheimer a handkerchief, saying, “Here, this will wash it off.”

It didn’t.

During the hysteria of the Joseph McCarthy witch-hunts, Oppenheimer found himself accused of being a Communist traitor. In 1954, he was stripped of his government security clearance.

Unable to prevent the military bureaucracy from moving relentlessly to use the atomic bomb, he could not halt the political bureaucracy from its own rush into cowardice and the wrecking of others’ lives.

FREEDOM OF SPEECH ISN’T FREE

In Bureaucracy, History, Politics, Social commentary on April 7, 2015 at 1:56 am

WARNING: Believing that the First Amendment gives you the legal right to express your opinion may be hazardous to your career.

The First Amendment to the United States Constitution states:

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

The First Amendment

Of course, that refers only to Congress.

It says nothing about employers–and especially those self-appointed pseudo-gods who set themselves up as judges of virtue and infallibility.

If you doubt it, just ask Scott Lees, who until March had worked for four years as boys head lacrosse coach at Fryeburg Academy.

Fryeburg Academy

His crime?  Posting to his personal Facebook page an open letter to President Barack Obama that one of his friends had emailed him.

Lees posted the letter on March 17.  Two days later, he was ordered to resign from his four-year position as the academy’s lacrosse coach.

The letter had been written in response to a speech Obama gave in Cairo in 2009.  In this, Obama said, “I know, too, that Islam has always been a part of America’s history.”

Among the issues the letter raised:

Were those Muslims that were in America when the Pilgrims first landed? Funny, I thought they were Native American Indians.

“Were those Muslims that celebrated the first Thanksgiving day? Sorry again, those were Pilgrims and Native American Indians.

“Can you show me one Muslim signature on the United States Constitution? Declaration of Independence? Bill of Rights? Didn’t think so.

“Did Muslims fight for this country’s freedom from England? No. “Did Muslims fight during the Civil War to free the slaves in America? No, they did not. In fact, Muslims to this day are still the largest traffickers in human slavery.

“Your own half-brother, a devout Muslim, still advocates slavery himself, even though Muslims of Arabic descent refer to black Muslims as ‘pug nosed slaves.’ Says a lot of what the Muslim world really thinks of your family’s “rich Islamic heritage,” doesn’t it Mr. Obama?

Where were Muslims during the Civil Rights era of this country? Not present. There are no pictures or media accounts of Muslims walking side by side with Martin Luther King, Jr. or helping to advance the cause of Civil Rights.”

(The most prominent Muslim group in America at the time of the civil rights movement was the Nation of Islam.  Its onetime spokesman, Malcom X, preached a gospel of separation of the races–and condemned whites as “blue-eyed devils.”)

“Where were Muslims during this country’s Woman’s Suffrage era? Again, not present. In fact, devout Muslims demand that women are subservient to men in the Islamic culture.

“So much so, that often they are beaten for not wearing the ‘hajib’ or for talking to a man who is not a direct family member or their husband. Yep, the Muslims are all for women’s rights, aren’t they?

Click here: Women’s Rights Under Sharia

Where were Muslims during World War II? They were aligned with Adolf Hitler. The Muslim grand mufti himself met with Adolf Hitler, reviewed the troops and accepted support from the Nazis in killing Jews.

Click here: Amazon.com: Icon of Evil: Hitler’s Mufti and the Rise of Radical Islam (9781400066537): David G. Dalin, John F. Ro

“Finally, Mr. Obama, where were Muslims on Sept. 11th, 2001? If they weren’t flying planes into the World Trade Center, the Pentagon or a field in Pennsylvania killing nearly 3,000 people on our own soil, they were rejoicing in the Middle East….

And THAT, Mr. Obama, is the “rich heritage” Muslims have here in America…”

Interviewed by Top Right News, Lees, 48, said he had never before been fired and had been coaching since 1992.

Click here: Just Two Days After Sharing an ‘Open Letter’ to Obama on Facebook, This Veteran Coach Was Forced to Resign | Top R

Fryeburg Academy is a private school in Fryeburg, Maine.

Lees said that he was supposed to meet with Head of Schools Erin Mayo and Dean Charlie Tryder on March 19.  But Athletic Director Sue Thurston told him a decision to fire him had already been made.

Mayo told Top Right News that “Scott Lees did post a message on Facebook regarding Muslim people last week that was negative and, of course, public in nature.”

Mayo was right on two counts about the Facebook post: It was negative and public.

What she didn’t say was: It was also entirely historically accurate. It did not urge its readers to violate the law.  It did not defame anyone (unless telling the truth about a group’s documented activities counts as defamation).

This is similar to the policies–and atmosphere–of the Joseph McCarthy “smear and fear” era of the 1950s.  You didn’t have to actually be proven an actual Communist, or even a Communist sympathizer.

All that was needed to condemn you to permanent unemployment was to become “controversial.”  That way, the employer didn’t have to actually prove the employee’s unfitness.

An employee’s right to out-of-work speech should be fully protected unless it crosses the legal line–such as committing libel or urging others to violate the law.

And employers who fire him for embracing his First Amendment right should be criminally prosecuted.

Until this happens, the workplace will continue to resemble George Orwell’s vision of 1984–a world where anyone can become a “non-person” for the most trivial of reasons.

GOOD NEWS IN THE TERROR WARS

In History, Military, Politics, Social commentary on April 6, 2015 at 12:19 am

On February 7, the Syrian Observatory for Human Rights released some encouraging news for those fighting Islamic terrorism.

More than 210,000 people have been killed in Syria’s uprising-turned-civil war.

Conflict began on March 15, 2011.  The trigger: Protests demanding political reforms and the ouster of dictator Bashar al-Assad.

According to the Observatory, which is based in Coventry, England:

  • The estimated death toll now stands at 210,041.
  • More than 35,827 rebels have been killed and over 45,385 Syrian army soldiers.
  • The umber of foreign fighters killed is nearly 25,000.
  • The real number of non-Syrian casualties is estimated to be 85,000 more than the documented number.

The Observatory’s director, Rami Abdelrahman, damned not the killers but those nations refusing to be sucked into this constantly escalating violence:

“It is shameful that the international community has done nothing to show that it will defend human rights.  They are just looking on at this tragedy. The Syrian people dying are just statistics to them.”

If those dying in Syria are “just statistics,” then they are statistics of terrorists and potential terrorists who will never pose a threat to the United States.

Think of it:

  • In four years, 210,000 actual or potential enemies of Western Civilization have chosen to slaughter each other.
  • Additional thousands are certain to follow their example.
  • And the United States cannot be held in any way responsible for it.

Here are seven excellent reasons why America should not send soldiers to bomb and/or invade Syria.

1. Intervening in Syria could produce unintended consequences for American forces–and make the United States a target for more Islamic terrorism.

American bombs or missiles could land on one or more sites containing stockpiles of chemical weapons.  Imagine the international outrage that will result if the release of those weapons kills hundreds or thousands of Syrians.

Within the Islamic world, the United States will be seen as waging a war against Islam, and not simply another Islamic dictator.

Almost certainly, an American military strike on Syria would lead its dictator, Bashar al-Assad, to attack Israel–perhaps even with chemical weapons.

Assad could do this simply because he hates Jews–or to lure Israel into attacking Syria.

If that happened, the Islamic world–which lusts to destroy Israel more than anything else–would rally to Syria against the United States, Israel’s chief ally.

2.  Since 1979, Syria has been listed by the U.S. State Department as a sponsor of terrorism.

Among the terrorist groups it supports are Hizbollah and Hamas. For years, Syria provided a safe-house in Damascus to Ilich Ramírez Sánchez–the notorious terrorist better known as Carlos the Jackal.

There are no “good Syrians” for the United States to support–only murderers who have long served a tyrant and other murderers who now wish to become the next tyrant.

3.  The United States doesn’t know what it wants to do in Syria, other than “send a message.”

Carl von Clausewitz, the Prussian military theorist, wrote: “War is the continuation of state policy by other means.”  But President Barack Obama hasn’t stated what he intends gain by attacking Syria.

Obama has said he’s “not after regime-change.”  If true, that would leave Assad in power–and free to go on killing those who resist his rule.

4. The Assad regime is backed by–among others–the Iranian-supported terrorist group, Hezbollah (Party of God).  Its enemies include another terrorist group–Al Qaeda.

Hezbollah is comprised of Shiite Muslims, who form a minority of Islamics.  A sworn enemy of Israel, it has  kidnapped scores of Americans suicidal enough to visit Lebanon and truck-bombed the Marine Barracks in Beirut in 1983, killing 299 Americans.

Flag of Hezbollah

Al-Qaeda, on the other hand, is made up of Sunni Muslims, who form the majority of that religion.  It considers Shiite Muslims to be “takfirs”–heretics–and thus worthy of extermination.

Al Qaeda has attacked the mosques and gatherings of liberal Muslims, Shias, Sufis and other non-Sunnis.   Examples of sthese ectarian attacks include the Sadr City bombings, the 2004 Ashoura massacre and the April, 2007 Baghdad bombings.

Flag of Al Qaeda

When your enemies are intent on killing each other, it’s best to stand aside and let them do it.

5.  China and Russia are fully supporting the Assad dictatorship–and the brutalities it commits against its own citizens.

This reflects badly on them–not the United States.

6.  The United States could find itself in a shooting war with Russia and/or China.

What happens if American and Russian warships–or armies–start exchanging fire?  Or if Russian President Vladimir Putin orders an attack on Israel, in return for America’s attack on Russia’s ally, Syria?

It was exactly that scenario–Great Powers going to war over conflicts between their small-state allies–that triggered World War l.

7.  While Islamic nations like Syria and Egypt wage war within their own borders, they will lack the resources to launch attacks against the United States.

When Adolf Hitler invaded the Soviet Union in 1941, then-Senator Harry Truman said: “I hope the Russians kill lots of Nazis and vice versa.”

That should be America’s view whenever its sworn enemies start killing themselves off.   Americans should welcome such self-slaughters, not become entrapped in them.

BE YOUR OWN AIR MARSHAL

In Bureaucracy, History, Politics, Social commentary on March 30, 2015 at 9:22 am

On June 5, 2013, the Transportation Safety Administration (TSA) finally came face-to-face with reality.

It announced that it was abandoning its plan to let passengers carry small knives, baseball bats, golf clubs and other sports equipment onto planes, as it had originally intended.

Of course, TSA didn’t drop this plan because it wanted to.  It did so because of fierce opposition from passengers, Congressional leaders and airline industry officials.

TSA Administrator John Pistole had unveiled the proposal in March, saying that in these days of hardened cockpit doors, armed off-duty pilots traveling on planes and other preventive measures, small folding knives could not be used by terrorists to take over a plane.

He said that intercepting them takes time that would be better used searching for explosives and other more serious threats.

TSA screeners confiscate over 2,000 small folding knives a day from passengers.

The proposal would have permitted folding knives with blades that are 2.36 inches (6 centimeters) or less in length and are less than 1/2 inch (1 centimeter) wide. The aim was to allow passengers to carry pen knives, corkscrews with small blades and other knives.

Passengers also would also have been allowed to bring onboard novelty-sized baseball bats less than 24 inches long, toy plastic bats, billiard cues, ski poles, hockey sticks, lacrosse sticks and two golf clubs.

The United States has gradually eased airline security measures that took effect after 9/11.

In 2005, TSA said it would let passengers carry on small scissors, knitting needles, tweezers, nail clippers and up to four books of matches.  The agency began focusing on keeping explosives off planes, because intelligence officials believed that was the greatest threat to commercial aviation.

With regard to the use of edged weapons as terrorist tools:

  • The terrorists who highjacked four jetliners and turned them into flying bombs on September 11, 2001, used only boxcutters to cut the throats of stewards and stewardesses; and
  • They then either forced their way into the cockpits and overpowered and murdered the pilots, or lured the pilots to leave the cabins and murdered them.

It’s also worth remembering that for all the publicity given the TSA’s “Air Marshal” program, it’s been airline passengers who have repeatedly been the ones to subdue unruly fliers.

Consider the following incidents:

  • On August 11, 2000, Jonathan Burton, a passenger aboard a Southwest Airlines flight tried to break into the cockpit was killed by other passengers who restrained him.
  • On May 9, 2011, crew members and passengers wrestled a 28-year-old man to the cabin floor after he began pounding on the cockpit door of a plane approaching San Francisco.
  • On February 21, 2012, passengers aboard a Continental Airlines flight from Portland to Houston rushed to aid a flight attendant subdue a Middle Eastern man who began shouting, “Allah is great!”
  • On March 27, 2012, a JetBlue flight from new York to Las Vegas was forced to land in Texas after the pilot started shouting about bombs and al-Qaeda and had to be subdued by passengers.
  • On January 9, 2013, passengers on board an international flight from Reykjavik to New York’s John F. Kennedy Airport subdued an unruly passenger by tying him to his seat with duct tape and zip ties after he began screaming and hitting other passengers.
  • On May 27, 2013, a passenger aboard an Alaska Airlines flight from Anchorage to Portland, Oregon, tried to open an airplane door in-flight and was subdued by passengers and crew members until the plane landed in Portland.

In every one of these incidents, it’s been passengers–not the vaunted Air Marshals–who have been the first and major line of defense against mentally unstable or terroristically inclined passengers.

In opposing TSA’s proposal to loosen security restrictions, skeptical lawmakers, airlines, labor unions and law enforcement groups argued that knives and other items could be used to injure or kill passengers and crew.

Such weapons would have increased the dangers posed by the above-cited passengers (and a pilot) who erupted in frightening behavior.

Prior to 9/11, commercial airline pilots and passengers were warned: If someone tries to highjack the plane, just stay calm and do what he says.

So many airplanes were directed by highjackers to land in Fidel Castro’s Cuba that these incidents became joke fodder for stand-up comedians.

And, up to 9/11, the advice to cooperate fully with highjackers and land the planes where they wanted worked.  No planes and no lives were lost.

But during 9/11, passengers and crew–with one exception–cooperated fully with the highjackers’ demands.

And all of them died horrifically when three of those jetliners were deliberately crashed into the Twin Towers of the World Trade Center and the Pentagon.

World Trade Center under airplane attack

Only on United Flight 93 did the passengers and crew fight back.

In doing so, they accomplished what soldiers, military pilots, the CIA and the FBI could not: They thwarted the terrorists, sacrificing their own lives and preventing the fourth plane from destroying the White House of the Capitol Building.

Memorial to the passengers and crew of United Flight 93

Since every airline passenger must now become his or her own Air Marshal, it seems only appropriate that the criminals they face be rendered as harmless as possible.

IS THERE A HITLER IN YOUR CEO?

In Bureaucracy, Business, History, Military, Politics, Social commentary on March 27, 2015 at 4:19 pm

Would-be CEOs and Fuehrers, listen up: Character is destiny.

Case in point: The ultimate Fuehrer and CEO, Adolf Hitler.

Ever since he shot himself in his underground Berlin bunker on April 30, 1945, historians have fiercely debated: Was der Fuehrer a military genius or an imbecile?

With literally thousands of titles to choose, the average reader may feel overwhelmed.  But if you’re looking for an understandable, overall view of Hitler’s generalship, an excellent choice would be How Hitler Could Have Won World War II by Bevin Alexander.

Among “the fatal errors that led to Nazi defeat” (as proclaimed on the book jacket) were:

  • Wasting hundreds of Luftwaffe pilots, fighters and bombers in a half-hearted attempt to conquer England.
  • Ignoring the pleas of generals like Erwin Rommel to conquer Syria, Iraq and Saudi Arabia–thus giving Germany control of most of the world’s oil.
  • Attacking his ally, the Soviet Union, while still at war with Great Britain.
  • Needlessly turning millions of Russians into enemies rather than allies by his brutal and murderous policies.
  • Declaring war on the United States after the Japanese attacked Pearl Harbor.  (Had he not done so, Americans would have focused all their attention on conquering Japan.)
  • Refusing to negotiate a separate peace with Soviet dictator Joseph Stalin–thus granting Germany a large portion of captured Russian territory in exchange for letting Stalin remain in power.
  • Insisting on a “not one step back” military “strategy” that led to the unnecessary surrounding, capture and/or deaths of hundreds of thousands of German servicemen.

As the war turned increasingly against him, Hitler became ever more rigid in his thinking.

He demanded absolute control over the smallest details of his forces.  This, in turn, led to astounding and needless losses in German soldiers.

One such incident was immortalized in the 1962 movie, The Longest Day, about the Allied invasion of France known as D-Day.

On June 6, 1944, Rommel ordered the panzer tanks to drive the Allies from the Normandy beaches.  But these could not be released except on direct order of theFuehrer.  As Hitler’s chief of staff, General Alfred Jodl, informed Rommel: The Fuehrer was asleep–and, no, he, Jodl, would not wake him. By the time Hitler awoke and issued the order, it was too late.

Nor could he accept responsibility for the policies that were clearly leading Germany to certain defeat.  Hitler blamed his generals, accused them of cowardice, and relieved many of the best ones from command.

Among those sacked was Heinz Guderian, creator of the German panzer corps–and thus responsible for its highly effective “blitzkrieg” campaign against France in 1940.

Heinz Guderian

Another was Erich von Manstein, designer of the strategy that defeated France in six weeks–something Germany couldn’t do during the four years of World War 1.

Erich von Manstein

Finally, on April 29, 1945–with the Russians only blocks from his underground bunker in Berlin–Hitler dictated his “Last Political Testament.”

Once again, he refused to accept responsibility for unleashing a war that would ultimately consume 50 million lives:

“It is untrue that I or anyone else in Germany wanted war in 1939.  It was desired and instigated exclusively by those international statesmen who either were of Jewish origin or worked for Jewish interests.”

Hitler had launched the war with a lie–that Poland had attacked Germany, rather than vice versa.  And he closed the war–and his life–with a final lie.

All of which brings us to Niccolo Machiavelli, the father of political science.

In his classic book, The Discourses, he wrote at length on the best ways to maintain liberty within a republic.

In Book Three, Chapter 31, Machiavelli declares: “Great Men and Powerful Republics Preserve an Equal Dignity and Courage in Prosperity and Adversity.”

It is a chapter that Adolf Hitler would have done well to read.

“…A truly great man is ever the same under all circumstances.  And if his fortune varies, exalting him at one moment and oppressing him at another, he himself never varies, but always preserves a firm courage, which is so closely interwoven with his character that everyone can readily see that the fickleness of fortune has no power over him.

“The conduct of weak men is very different.  Made vain and intoxicated by good fortune, they attribute their success to merits which they do not possess, and this makes them odious and insupportable to all around them. 

And when they have afterwards to meet a reverse of fortune, they quickly fall into the other extreme, and become abject and vile.  

“Thence it comes that princes of this character think more of flying in adversity than of defending themselves, like men who, having made a bad use of prosperity, are wholly unprepared for any defense against reverses.”

Stay alert to signs of such character flaws among your own business colleagues–and especially your superiors.  They are the warning signs of a future catastrophe.

CREATING FELONS WITH A WORD

In Bureaucracy, Law, Law Enforcement, Politics, Social commentary on March 25, 2015 at 2:54 am

New York State prisons are about to get a lot fuller.

New York State Senator Tony Avella is sponsoring a bill to create a felony charge– “aggravated resisting arrest”–for people who have been convicted of resisting arrest twice in a 10-year period.

Under current law, resisting arrest is a misdemeanor, carrying a maximum penalty of one year in prison.

If the charge became a felony, those convicted could be sentenced from four years of probation to life in prison.

The bill has its origins in a letter the Lieutenants Benevolent Association–a police union–sent to New York Police Department (NYPD) Commissioner Bill Bratton in January requesting a change in the current law.

State Senator Avella’s proposed legislation reads as follows:

“A person is guilty of aggravated resisting arrest when he or she commits the crime of resisting arrest pursuant to Section 205.30 and has previously been convicted of such crimetwo prior times within a ten-year period.

“Aggravated resisting arrest is a class E felony.”

Click here: Bills

And Bratton, in testimony before the New York State Senate in February, supported harsher penalties for those who resist arrest.

“We need to get around this idea that you can resist arrest,” Bratton said to reporters after his appearance. “One of the ways to do that is to give penalties for that.”

This legislation–if enacted–will have both local and national implications.

Police pepper-spraying non-violent protesters

Local–because the NYPD is the largest police department in the country.  Its website states that it now has “approximately 34,500” uniformed officers.

(To put that number into historical perspective: When Alexander the Great set out in 334 B.C. to conquer the Persian empire, his army numbered 30,000.)

National–because the NYPD is one of the most respected police departments in the country.  And other police departments will almost certainly follow suit in urging their state legislatures to pass similar legislation.

So what’s wrong with that?

“Resisting arrest” is one of those terms that can mean whatever a police officer wants it to mean.

If a prosecutor accuses someone of bank robbery, he must present valid evidence–such as witnesses, camera footage and (probably) portions of stolen money in the arrested person’s possession.

But if a cop says someone “resisted arrest,” the “evidence” often consists of only his claim.

“Resisting arrest” can mean anything–including that the person merely asked, “Why am I being arrested?”

WNYC–New York’s highly respected public radio station–reported in 2014 that 40% of resisting arrest cases are brought by five percent of police officers.

If an officer routinely claims that people are resisting arrest, this might signal his being overly aggressive toward civilians.

He might even use the criminal charge to cover up his use of excessive force.

This is especially relevant in light of a series of recent cases–some caught on camera–of police savagely beating arrestees, or using forbidden chokeholds on them.

Consider how such increased penalties could have affected the life of Tyeesha Mobley.

Mobley, 29, caught her nine-year-old son stealing $10 from her purse. She called the called the NYPD.

Can you please send over an officer to explain to my kids that stealing is wrong? she asked.

The police department obliged, sending over four officers to meet Mobley and her two boys at a nearby gas station.

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Tyeesha Mobley

The meeting started off well. “Three officers was joking around with [the nine-year-old who had stolen the $10], telling him, ‘You can’t be stealing; you’ll wind up going in the police car,’” Mobley testified at a court hearing in October, 2014.

But the fourth officer apparently resented the assignment. According to a lawsuit subsequently filed by Mobley, the following happened:

“You black bitches don’t know how to take care of your kids,” said the fourth officer.  “Why are you wasting our time?  Why don’t you take your fucking kid and leave?”

Mobley decided that was a good time to do just that

But before she could do so, the cop told her she was under arrest.

“What for?” she asked. “If you’re going to say another fucking word,” the lawsuit alleges the cop warned her, “I’m going to knock your teeth down your throat.”

He then shoved her up against a car, kicked her legs, and handcuffed her.

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Mobley spent a night in jail.  Her two boys were taken away and placed in foster care for four months–with a family that spoke no English.

Finally, a judge threw out the case against her.

Mobley has since filed a lawsuit against New York City, the NYPD and the Administration for Children’s Services.

It doesn’t take a genius to see how Mobley’s life could have been turned into an even greater hell under the proposed change in “resisting arrest” laws.

CALL A COP, GO TO JAIL

In Bureaucracy, Law, Law Enforcement, Social commentary on March 24, 2015 at 3:21 pm

As the stage line goes: It seemed like a good idea at the time.

A mother finds that her nine-year-old son has stolen money from her purse.  So she decides to have someone who commands respect teach him that stealing is wrong.

So she calls the police–and things go horribly wrong.

Here’s what happened.

Tyeesha Mobley, 29, caught her nine-year-old son stealing $10 from her purse.

So she called the called the New York Police Department (NYPD)

Can you please send over an officer to explain to my kids that stealing is wrong? she asked.

The police department agreed, and sent over not one but four officers to meet Mobley and her two boys at a nearby gas station.

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Tyeesha Mobley

The meeting started off well.

“Three officers was joking around with [the nine-year-old who had stolen the $10], telling him, ‘You can’t be stealing; you’ll wind up going in the police car,’” Mobley testified at a court hearing in October, 2014.

But the fourth officer apparently resented the assignment.

According to a lawsuit subsequently filed by Mobley, the following happened:

“You black bitches don’t know how to take care of your kids,” said the fourth officer.  “Why are you wasting our time?  Why don’t you take your fucking kid and leave?”

Mobley decided that was a good time to leave. But before she could do so, the cop told her she was under arrest.

“What for?” she asked.

“If you’re going to say another fucking word,” the lawsuit alleges the cop warned her, “I’m going to knock your teeth down your throat.”

He then shoved her up against a car, kicked her legs, and handcuffed her.

Mobley’s two sons–ages four and nine–could only watch in horror as their mother was being manhandled.

“Stop, you’re hurting mommy,” they cried, according to the complaint filed in the lawsuit.

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Yet worse was to come.

Mobley spent a night in jail.  Her two boys were taken away and placed in foster care for four months–with a family that spoke no English.

Finally, a judge threw out the case against her.

Mobley has since filed a lawsuit against New York City, the NYPD and the Administration for Children’s Services.

“She was simply trying to make sure her son stayed on the right path,” said her attorney, Philip Sporn.  “This shouldn’t  happen to anyone, let alone to a good mom with her kids.”

The lawsuit highlights a fundamental weakness of the American justice system.

Americans almost universally believe that any wrong can be rectified if enough money is paid out as punishment.

Thus, car makers who knowingly keep dangerous vehicles on the road instead of issuing a recall settle up in civil lawsuits.

As a rule, they refuse to admit wrongdoing–and the amount of money they’re forced to pay out to victims isn’t disclosed.

Nearly always, this means the victim–or his survivors–is forbidden to publicly say why the company paid out a huge settlement, such as: “They admitted they knew the brakes were faulty but they didn’t want to spend the money fixing them.”

And if the victims disclose this admission–or how much money they got from Car Maker X–that money can legally be taken from them.

Never, however, is a CEO criminally prosecuted for ordering his company to conceal wrongdoing or dangerous products.

Thus, corporate predators are allowed to escape the criminality of their actions–and go on to prey on other victims.

The same holds true with lawsuits against the police.

Even if Mobley wins a huge settlement, the officer who victimized her will almost certainly remain on the NYPD.

And he will be able to victimize others who have the bad luck to encounter him.

Handing out big chunks of money is not enough to establish justice for outrageous violations of people’s civil rights.

It’s as if former Reichsmarshall Hermann Goring, charged with war crimes, were allowed to fork over a big sum of money and then comfortably retire to his estate.

Until Americans realize that some crimes demand more than financial payment, this country’s “criminal justice system” will fail to live up to its name.

LANDLORDS: AMERICA’S AYATOLLAHS: PART TWO (END)

In Business, History, Politics, Social commentary on March 12, 2015 at 1:11 am

Become a tenant at the Windermere Cay complex in Winter Garden, Florida, and you can check your First Amendment rights at the door.

Its management wants to force new tenants to sign a “social media addendum” as part of their lease.  And if they dare to post a negative online review of the building, they’ll face a fine of $10,000.

But reaction to this attempted muzzling of freedom of speech has been one the landlord probably didn’t expect.

Yelp! has been flooded with negative reviews of the complex.

Among these:

If you are that worried about negative reviews, that just makes me ask one question: What are you hiding?

* * * * *

This complex made national news by threatening a $10k fine to residents if they share a bad review or photo. This legal bullying demonstrates either an oppressive management or a complete ignorance of social media or personal freedom.

In both cases you should exercise caution if considering them and read your contracts carefully.

* * * * *

I’ve got a great business idea. When our customers complain, instead of us fixing the problem we will threaten them with blackmail by asking them for ten grand.

* * * * *

Sieg Heil Windermere!! Gestapo much???

What century do you people exist in?? I wouldn’t live here if you paid me to. You couldn’t give these units away considering your BS threats to FINE RESIDENTS TEN THOUSAND DOLLARS!!!

WTF is wrong with you people!! Anyone who gets a paycheck from this corporate monstrosity should be fired (or quit if they have half a brain…). Whoever came up with this super clever idea of A 10K FINE should be kneecapped.

* * * * *

Well apparently anyone who lives here will get fined $10,000 for any bad reviews, and any photos posted on reviews are copyrighted to the company by terms of the lease???

This complex is about as dishonest as it gets guys. If an apartment needs a policy like this then what else do you need to know about the quality of the management here.

* * * * *

The owners of the Apartment Complex are literally anti-free speech Nazis.  Don’t move here unless you have $10k in your bank account and don’t believe in the First Amendment.

* * * * *

This apartment complex deserves 0 stars, shame on the management company for deceiving people into signing their addendum.

* * * * *

Be cautious of anywhere that fears the residents’ honest feedback so much that they forbid them from speaking out on social media.  The energy spent on creating this stupid 10K clause could have been spent on actually creating an enjoyable living experience.

Click here: Windermere Cay – Apartments – Yelp

The sudden onslaught of bad publicity obviously caught the complex by surprise.

When contacted by Ars Technica, the online magazine that had exposed this outrage, a manager disclaimed the contract:

“This addendum was put in place by a previous general partner for the community following a series of false reviews. The current general partner and property management do not support the continued use of this addendum and have voided it for all residents.”

This despite the fact that the addendum had been given to a tenant to sign just a few days before.

Not only have these strong-arm tactics yielded a tidal wave of bad publicity, such an addendum would be legally unenforceable.

For starters, it’s a blatant violation of the First Amendment, guaranteeing freedom of speech and the press.

States have taken struck down efforts by businesses to censor the written opinions of their customers.

In his 2003 decision in New York vs. Network Associates, a judge ruled that telling customers they couldn’t publish reviews of software “without prior consent” violated New York’s unfair competition law.

Americans all-too-often take their Constitutionally-protected freedoms for granted–until they travel abroad to nations ruled by dictators.  Or until they encounter would-be dictators at home.

Harrison E. Salisbury, the Pulitzer Prize-winning reporter, faced the difficulties of censorship during his years as Moscow bureau chief for The New York Times (1949-1954).

Harrison E. Salisbury, with the Kremlin in back

Salisbury found he couldn’t rely on the Soviet government for reliable information on almost everything.  Crime statistics weren’t published–because, officially, there was no crime in the “Workers’ Paradise.”

Unable to obtain reliable economic statistics, he plotted the rise and fall of the economy by shortages and surpluses in local stores.

Above all, Salisbury faced the danger of reporting accurately on the increasing paranoia and purges of Soviet dictator Joseph Stalin.

“The truth, I was ultimately to learn,” wrote Salisbury in his bestselling 1983 memoir, A Journey for Our Times, “is the most dangerous thing.  There are no ends to which men of power will not go to put out its eyes.”

Censorship victimizes both those who are censored and those who could profit from the truths they have to share.

Americans may be unable to bring freedom of expression to nations ruled by dictators. But they can–and should–fight to ensure that freedom of expression remains a hallmark of their own society.

LANDLORDS: AMERICA’S AYATOLLAHS: PART ONE (OF TWO)

In Bureaucracy, Business, History, Law, Politics, Self-Help, Social commentary on March 11, 2015 at 11:40 am

Americans have a history of fearing what foreign dictators might do to them.

During World War II they feared that the Japanese Empire might turn them into a nation of Japanese-speaking slaves.

During the Cold War, TV ads often reminded Americans that Soviet Premier Nikita Khrushchev once said: “We will bury you.”

Today, Americans–especially those on the Right–fear Iranian Ayatollahs will force them to wear turbans and quote the Koran.

Strangely, few Americans seem to fear the ayatollahs much closer to home: Landlords.

The power of landlords calls to mind the scene in 1987′s The Untouchables, where Sean Connery’s veteran cop tells Eliot Ness: “Everybody knows where the liquor is. It’s just a question of: Who wants to cross Capone?”

Many tenants have lived with rotting floors, bedbugs, nonworking toilets, mice/rats, chipping lead-based paint and other outrages for not simply months but years.

Even in San Francisco–the city misnamed as a “renter’s paradise”–landlords are treated like gods by the very agencies that are supposed to protect tenants against their abuses.

Many landlords are eager to kick out long-time residents in favor of new, wealthier high-tech workers moving to San Francisco.  An influx of these workers and a resulting housing shortage has proven a godsend for landlords.

In July, 2014, a 98-year-old San Francisco woman faced eviction from her apartment of 50 years, because the building’s owners wanted to sell the place to take advantage of the city’s booming real estate market.

“I’ve been very happy here,” Mary Phillips told KRON 4, an independent San Francisco TV station. “I’ve always paid my rent.  I’ve never been late.”

The landlord, Urban Green Investments, sought to evict her and several other tenants through the Ellis Act.  This is a 1986 California law that allows landlords evict tenants to get out of the rental business.

Urban Green Investments has bought several buildings in San Francisco, evicted their residents through the Ellis Act, and resold the buildings for profit.  Many of those being evicted are low income families and seniors.

Phillips vowed to fight her eviction: “They’re going to have to take me out of here feet first,” she told KRON. “Just because of your age, don’t let people push you around.”

Phillips said she has nowhere else to live, and she and her attorneys fought the eviction.  They did so not only through the courts but ongoing street protests.

Those efforts paid off in November, 2014. As part of the resolution of her case, Phillips released the following public statement:

Mary Elizabeth Phillips has reached an agreement with Urban Green Investments that will allow her to live in her apartment for as long as she likes, through the end of her life.

“Mrs. Phillips appreciates the support she has received from the community over the past year, and she requests that interested people please respect her privacy so that she may peacefully enjoy her home. Thank you.”

That case, at least, had a happy ending.  But tenants at an apartment complex in Winter Garden, Florida, may not prove so fortunate.

The Windermere Cay has forced new tenants to sign a “social media addendum” that threatens a fine of $10,000 if they give the complex a bad online review.  It also forces tenants to sign away their rights to any photos, reviews or other material about the apartments that are posted online.

The Windermere Cay

The addendum went viral on March 10 after at least one tenant shared it with the online magazine, Ars Technica.  It reads in part:

“In the event that this Social Media Addendum is breached by any or all of the Applicants for any reason, the Applicants shall be jointly and severally liable to pay Owner liquidated damges representing a reasonable and good faith estimate of the actual damages for such breach.

“Owner and Applicants agree that, in the event of a breach, Owner’s damages would be difficult to ascertain.

“Accordingly, Owner and each Applicant agrees that the amount of compensation due to Owner for any breach of this Social Media Addendum will be $10,000 for the first such breach, and an additional $5,000 for each subsequent breach….

“In the event of breach, the Applicants will pay the liquidated damages owed to Owner within ten (10) business days of the breach.”

In addition, there is this: “Applicant will refrain from directly or indirectly publishing or airing negative commentary regarding the Unit, Owner, property or the apartments.

“This means that Applicant shall not post negative commentary or reviews on Yelp!, Apartment Ratings, Facebook, or any other website or Internet-based publication or blog.”

The reaction to this attempted muzzling of freedom of speech has been one the landlord probably didn’t expect. Yelp! has been flooded with negative reviews of the complex.

One five-star review–obviously written tongue-in-cheek–was signed “Adolf H[itler]” and praised the complex for having “my kind of management.”

There will be more about online reaction to thie latest attempt at landlord censorship in Part Two of this series.

“BLACK [THUG] LIVES MATTER!”

In Bureaucracy, History, Law Enforcement, Social commentary on March 10, 2015 at 2:49 pm

It’s happened again.

Another confrontation between a white police officer and an allegedly unarmed young black man.  Another struggle. Another dead black man, shot by police. And another outcry that police have once again murdered another innocent victim.

Except that the victim’s background proved anything but innocent.

Consider these three incidents:

Incident #1:

On August 9, 2014, Michael Brown, a black teenager in Ferguson, Missouri, is shot and killed during a street confrontation with Darren Wilson, a white police officer.

Almost immediately, Ferguson blacks generally and the Brown family in particular begin referring to Michael Brown as “a child.”

Except that this “child” was 18–legally an adult who could obtain a credit card, enter the armed forces and drive a car.  He also stood 6’3″ and weighed 300 pounds.

Oh, and one more thing: Just before his fatal encounter with Wilson, Brown, Brown was caught on a grocery store video strong-arming a clerk, who had just seen him shoplifting a box of cigars.

Click here: SURVEILLANCE VIDEO: Police say Michael Brown was suspect in Ferguson store robbery – YouTube 

Michael Brown (left) roughing up a store owner

Click here: Lawsuit seeking release of Michael Brown’s juvenile records claims slain teen was a murder suspect – AOL.com

Incident #2:

On March 1, 2015, officers of the Los Angeles Police Department (LAPD) are summoned to downtown Skid Row to break up a fight between two black men.

A security camera outside a homeless shelter shows a man pushing over a neighbor’s tent and the two men duking it out.

When four officers arrive, the suspect–Charley Saturmin Robinet–turns and ducks back into his own tent.  Then he jumps out, striking and kicking before ending up on the ground.  Officers use Tasers, but these appear to have little effect.

As the officers swarm about him, a bystander’s video captures the voice of a rookie officer shouting, “He has my gun! He has my gun!” That’s when the other three officers open fire.

Blacks in Los Angeles and throughout the nation immediately claimed that Robinet–known as “Africa” on the street–was unarmed when he was shot.

But LAPD Chief Charlie Beck stated that an inspection of the video shows Robinet reaching for the pistol in the rookie officer’s waistband.

The officer’s gun was later found partly cocked and jammed with a bullet in the chamber and another in the ejection port, indicating a struggle for the weapon, said Beck.

Then, on March 3, as a black outcry continued to sound throughout the nation, a news bombshell dropped:

In 2000, Robinet had been convicted of robbing a Wells Fargo branch and pistol-whipping an employee.  The reason for the robbery: To pay for acting classes at the Beverly Hills Playhouse.

While in federal prison in Rochester, Minnesota, Robinet was assigned to the mental health unit, where it was determined he suffered from mental illness requiring treatment in a psychiatric hospital. He served about 13 years in prison before being released in May, 2014.

Under the terms of his release, Robinet was required to report to his probation officer at the start of each month.  He failed to do so in November and December, 2014, and in January, 2015. So a federal arrest warrant was issued on January 9.

U.S. marshals were searching for him at the time of his fatal confrontation with the LAPD.

Click here: Man killed by Los Angeles police was wanted by US marshals – AOL.com

Incident #3:

On March 6, 2015, 19-year-old Anthony “Tony” Robinson, black, was shot and killed by a white police officer in Madison, Wisconsin.

The shooting came after police got a call saying that Robinson was jumping in and out of traffic and had assaulted someone. Robinson fled to an apartment, and the officer–Matt Kenny–heard a disturbance and forced his way inside.

According to police, a struggle ensued and Kenny fired after Robinson attacked him.

Only hours after the shooting, Madison Police Chief Mike Koval–who is white–called Robinson’s death “a tragedy” and prayed with Robinson’s grandmother in her driveway.

And then, on March 7, came the news: In 2014, Robinson had pleaded guilty to armed robbery and recently began serving a three-year probation term for that felony conviction.

According to a criminal complaint, Robinson was one of five men who staged a home-invasion robbery in Madison in April, 2014, searching for money and marijuana. Police captured Robinson as he fled the home, and he admitted that he stole a TV and an Xbox 360 from the apartment.

Tony Robinson

He was sentenced to three years’ probation in December.

Reacting to her son’s death, Robinson’s mother, Andrea Irwin, said:  “My son has never been a violent person. And to die in such a violent, violent way, it baffles me.”

Not every police shooting of a black is a replay of Mississippi Burning, the 1964 case where three civil rights workers were murdered by white racist police.

Some police shootings are fueled by anger or prejudice.  Others happen by accident or negligence. So it’s foolish to automatically assume that every police shooting is totally justified.

But it’s equally foolish to assume that every police shooting is totally unjustified. Especially when, in case after case, the “non-violent” victim turns out to have had a history of violence.