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STUPID BOSSES CHOOSE STUPID AIDES: PART ONE (OF THREE)

In Bureaucracy, History, Law, Politics, Social commentary on August 9, 2023 at 12:13 am

“The first impression that one gets of a ruler and his brains is from seeing the men that he has about him.       

“When they are competent and loyal one can always consider him wise, as he has been able to recognize their ability and keep them faithful. 

“But when they are the reverse, one can always form an unfavorable opinion of him, because the first mistake that he makes is in making this choice.”

So wrote the Italian statesman Niccolo Machiavelli more than 500 years ago in his famous treatise on politics, The Prince.  

And his words remain as true in our day as they were in his.

In fact, he could have been writing about the ability of Donald Trump to choose subordinates.

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Niccolo Machiavelli

As a Presidential candidate, Trump repeatedly previewed his administrative incompetence—which he continued to demonstrate as President. 

His favorite daughter, Ivanka, bitterly insisted: “My father values talent. He recognizes real knowledge and skill when he finds it. He is color-blind and gender-neutral. He hires the best person for the job, period.”

But a close look at those he picked to run his campaign for President totally refutes this. 

From the outset of his campaign, Trump polled extremely poorly among Hispanic voters. Among the reasons for this—Trump’s verdict on Mexicans:

“When Mexico sends its people, they’re not sending their best. They’re sending people that have lots of problems, and they’re bringing those problems with us. They’re bringing drugs. They’re bringing crime. They’re rapists.”

And he promised to “build a great, great wall on our southern border and I will have Mexico pay for that wall.” 

So statements like those of his supporters Marco Gutierrez and Ed Martin could only inflame Hispanic voters even more:

Founder of Latinos for Trump Marco Gutierrez told MSNBC’s Joy Reid: “My culture is a very dominant culture. And it’s imposing, and it’s causing problems. If you don’t do something about it, you’re gonna have taco trucks every corner.” 

At a Tea Party for Trump rally at a Harley-Davidson dealership in Festus, Missouri, former Missouri Republican Party director Ed Martin reassured the crowd that they weren’t racist for hating Mexicans.

“Donald Trump is for Americans first. He’s for us first. It is not selfish to support, or to be for, your neighbor, as opposed to someone from another nation. And Mexico, Mexicans, that’s not a race. You’re not racist if you don’t like Mexicans. They’re from a nation.”  

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Donald Trump

Then there were the inflammatory words offered by Wayne Root, opening speaker and master of ceremonies at many Trump events. Root told Virginia radio host Rob Schilling that people on public assistance and women who get their birth control through Obamacare should not be allowed to vote

“If the people who paid the taxes were the only ones allowed to vote, we’d [Republicans] have landslide victories. But you’re allowing people to vote. This explains everything! People with conflict of interest shouldn’t be allowed to vote. If you collect welfare, you have no right to vote.

“The day you get off welfare, you get your voting rights back. The reality is, why are you allowed to have this conflict of interest that you vote for the politician who wants to keep your welfare checks coming and your food stamps and your aid to dependent children and your free health care and your Medicaid, your Medicare and your Social Security and everything else?” 

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Wayne Root

According to a March, 2016 Gallup poll, 70% of women—or seven in 10—had an unfavorable opinion of Trump.

Such comments as Root’s could only make Trump even more unpopular with women. Not to mention anyone who received Medicaid, Medicare or Social Security. 

Donald Trump’s campaign manager, Steve Bannon, was charged with misdemeanor domestic violence, battery, and dissuading a witness in 1996, after an altercation with his then-wife, Mary Louise Piccard,  in Santa Monica, California. 

Picard also said in a 2007 court declaration that Bannon didn’t want their twin daughters attending the Archer School for Girls in Los Angeles because many Jewish students were enrolled there.  

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Steve Bannon

This undoubtedly contributed to Trump’s unpopularity among women, it also made him unpopular among Jews—especially in heavily Jewish states like New York and Florida.

In addition: Bannon and another ex-wife, Diane Clohesy, were registered to vote at a vacant house in Florida, a possible violation of election laws in a key swing state.

Republicans have vigorously denied voting rights to tens of thousands on the pretext of “voter fraud.” More than a dozen states still have voting restrictions in place since 2012.   

A Washington Post investigation found just 31 credible cases of voter fraud from 2000 to 2014, out of an estimated 1 billion ballots cast in the U.S. during that period.  

Meanwhile, voting rights groups were fighting back—and winning.

“Voter ID” laws in Texas, Wisconsin and North Carolina were found discriminatory against minorities—who traditionally vote Democratic.  

With evidence of Republican fraud like that supplied by Trump’s own campaign manager, victories against “Voter ID” laws may well increase.

THE TEFLON IS MELTING FOR DONALD TRUMP: PART THREE (END)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on August 3, 2023 at 1:06 am

Commentators have long speculated on why millions of Americans remain fanatically committed to Donald Trump. 

There has been far less speculation on why so many law enforcers have turned a blind eye to Trump’s decades of criminality, if not treason.

Among those guilty:

  • The Justice Department did not indict Trump for the series of threats he made—directly and indirectly—against Republicans and Democrats throughout the 2016 Presidential campaign. 
  • The United States Secret Service did not charge him with threatening the life of Presidential candidate Hillary Clinton: “Hillary [Clinton] wants to abolish, essentially abolish, the Second Amendment. If she gets to pick her [Supreme Court] judges, nothing you can do folks. Although the Second Amendment people, maybe there is, I don’t know.” 
  • The Justice Department did not prosecute Trump for treason, even though he solicited aid from Russia, a nation hostile to the United States. On July 27, 2016. Trump publicly invited “Russia”—i.e., Vladimir Putin—to hack Hillary Clinton’s emails: “I will tell you this, Russia: If you’re listening, I hope you’re able to find the 30,000 emails that are missing. I think you will probably be rewarded mightily by our press.”

There are at least two reasons why Trump has been allowed to insult and even threaten prosecutors and judges without facing the punishment an ordinary citizen would:

Cowardice: They fear Trump will slander them by claiming he’s the victim of a “witch hunt” to remove him from the 2024 Presidential race.

And/or they fear physical attack from his legions of fanatical followers.

Awe of the Presidency:  They fear their careers will be tainted by prosecuting or judging a man who won the votes of 70 million Americans. 

Scales of justice legal gavel, brown, lawyers book png | PNGEgg

There are, however, remedies for both cowardice and awe:

Cowardice:  Prosecutors and judges should expect threats and slanders from Trump. This is how he has traditionally responded to attempts to hold him legally accountable. 

If judges and prosecutors fear violence from Trump’s fanatical followers, they can easily obtain round-the-clock protection by local and/or federal law enforcement agencies.

Awe: Trump is no longer President. He no longer commands Presidential immunity nor the powers of that office—such as being able to cite “executive privilege” to prevent the release of documents or testimony.

His refusals to accept this reality should be bluntly ignored.

More importantly, as President, he:

  • Took no action to protect Americans from the deadly COVID-19 virus;
  • Constantly sided with Russian dictator Vladimir Putin against the United States; 
  • Attacked the independent judiciary and free press;
  • Praised Nazis and Ku Klux Klansmen;
  • Fired FBI Director James Comey for refusing to pledge his personal loyalty to Trump and turn the agency into Trump’s private police force;
  • Used his position as President to further enrich himself in violation of the Emoluments Clause of the Constitution;
  • Attacked and alienated America’s oldest democratic allies, such as Canada and Great Britain;
  • Refused to accept the results of a legitimate Presidential election; and
  • Incited a deadly attack on Congress so he could illegally remain in office.

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Those are only some of the despicable actions he took while in office.

The Presidency has long held most Americans in awe. This is largely because the man (and it’s always been a man) who holds it is elected by all Americans, and not just those of a particular city or state.

And he alone has control of America’s enormous military—the Army, Navy, Marines and Air Force—as well as a nuclear arsenal that can literally destroy all life on Earth.

Americans have long assumed that a victorious Presidential candidate has been blessed by God, and thus automatically commands a respect—if not reverence—denied to ordinary mortals.

But respect must be earned. And anyone guilty of even a small number of the crimes committed by Donald Trump long ago forfeited any right to such regard.

Once a President leaves office, he should be treated as any other American citizen—and held to the same standards as an ordinary citizen.

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Niccolo Machiavelli

Niccolo Machiavelli, the Florentine statesman and father of modern political science, has eloquently warned of the dangers of ignoring this truth: 

…No well-ordered republic should ever cancel the crimes of its citizens by their merits.  But 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.  And a state that properly observes this principle will long enjoy its liberty, but if otherwise, it will speedily come to ruin. 

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.  

Putting an end to “all power of the law” and setting himself up as “The Law” is precisely what Donald Trump tried to do after losing the 2020 Presidential election—and is still trying to do.

THE TEFLON IS MELTING FOR DONALD TRUMP: PART TWO (OF THREE)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on August 2, 2023 at 12:10 am

Donald Trump has lost the Presidential immunity shielding him from a wide range of civil lawsuits and criminal prosecution. 

He now faces unprecedented challenges from a legal system that had long ignored his rampant criminality.

Thus, regaining that Presidential immunity is probably the biggest reason why he desperately wants to become President again. 

Even though he no longer holds the Presidency, Trump has repeatedly acted as though he does. He has asserted “executive privilege” on behalf of former members of his administration to block their testimony before courts, grand juries and even the office of Special Counsel Jack Smith.

He has hidden behind layers of Secret Service protection while attacking Manhattan District Attorney Alvin Bragg and even New York Supreme Court Justice Juan Merchan, who presided over his arraignment in the Stormy Daniels case.

Who Is Juan Merchan Daughter Loren Merchan? Her Work History And Background - Viet A Training Center

Juan Merchan

“The criminal is the district attorney because he illegally leaked massive amounts of grand jury information,” Trump told supporters at Mar-a-Lago. “For which he should be prosecuted, or at a minimum he should resign.”

As for Merchan: “I have a Trump-hating judge with a Trump-hating wife and family whose daughter work[ed] for Kamala Harris.”

In Trump’s vocabulary, “Trump-hating” is the absolute worst sin/crime that can be committed.

Another man he has accused of being a “Trump hater” is Special Counsel Jack Smith, who’s also investigating Trump’s role in inciting his followers to attack Congress on January 6, 2021.

Smith standing in front of flags, wearing a suit

Jack Smith

The purpose of that attack: To stop the Electoral College vote count that would certify former Vice President Joseph Biden as the actual winner of the 2020 Presidential election.

In a July 4 post on his website, Truth Social, Trump falsely claimed:

“As my Poll numbers go higher & higher, the Communists, Marxists, & Fascists get more & more CRAZY with their ridiculous Indictments & Election Interference plans & plots, all controlled by an out of control, & very corrupt, DOJ/FBI. They have WEAPONIZED Law Enforcement in America at a level not seen before.”

Trump’s reference to “Communists, Marxists, & Fascists” as his enemies is particularly noteworthy. 

He was, after all, the President who:

  • Defended Russian dictator Vladimir Putin against findings by the FBI, CIA and National Security Agency that Russia had interfered in the 2020 Presidential election;
  • Boasted that he and North Korean dictator Kim Jong-Un “fell in love” after an exchange of letters; and
  • Praised Chinese strongman Xi Jinping for making himself “President-for-Life: “No, he’s great. And look, he was able to do that. I think it’s great. Maybe we’ll have to give that a shot some day.” 

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Given his subsequent efforts to remain in office despite losing the 2020 Presidential election, it’s clear that he had himself in mind when he “joked” about “giving that a shot some day.”

In his post, Trump continued: “Deranged Jack Smith, who is a sick puppet for A.G. Garland & Crooked Joe Biden, should be DEFUNDED & put out to rest. Republicans must get tough or the Dems will steal another Election. MAGA!”

By “A.G. Garland” Trump meant Attorney General Merrick Garland. By “put to rest,” he meant that his followers should assassinate Smith.

Despite all this, Trump’s millions of Right-wing followers remain fanatically loyal to him.

Why?

On August 30, 2017, an article in Salon examined why Donald Trump’s base supports him so fanatically: “Most Americans Strongly Dislike Trump, But the Angry Minority That Adores Him Controls Our Politics.”

It described these voters as representing about one-third of the Republican party:

“These are older and more conservative white people, for the most part, who believe he should not listen to other Republicans and should follow his own instincts…. 

“They like Trump’s coarse personality, and approve of the fact that he treats women like his personal playthings. They enjoy it when he expresses sympathy for neo-Nazis and neo-Confederate white supremacists.

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Supporters giving the Nazi “Sieg Heil” salute to Trump

“They cheer when he declares his love for torture, tells the police to rough up suspects and vows to mandate the death penalty for certain crimes. (Which of course the president cannot do.)

“…This cohort of the Republican party didn’t vote for Trump because of his supposed policies on trade or his threat to withdraw from NATO. They voted for him because he said out loud what they were thinking. A petty, sophomoric, crude bully is apparently what they want as a leader.”

What is harder to explain is why so many law enforcers have turned a blind eye to Trump’s decades of criminality, if not treason. Among those who have: 

  • Florida Attorney General Pam Bondi personally solicited a political contribution from Donald Trump around the same time her office deliberated joining an investigation of alleged fraud at Trump University and its affiliates. After Bondi dropped the Trump University case against Trump, he wrote her a $25,000 check for her re-election campaign. The money came from the Donald J. Trump Foundation.
  • Republican Texas Attorney General Ken Paxton moved to muzzle a former state regulator who says he was ordered in 2010 to drop a fraud investigation into Trump University for political reasons. After the Texas case was dropped, Trump cut a $35,000 check to the gubernatorial campaign of then-attorney general and now Texas Governor Greg Abbott. 

THE TEFLON IS MELTING FOR DONALD TRUMP: PART ONE (OF THREE)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on August 1, 2023 at 12:05 am

On March 30, former President Donald Trump was indicted by a New York grand jury. He thus became the first current or former president to face criminal charges.     

On April 1, CNN reported/editorialized:  “Former President Donald Trump’s indictment….has thrust the nation into uncharted political, legal and historical waters, and raised a slew of questions about how the criminal case will unfold. 

“The Manhattan district attorney’s office has been investigating Trump in connection with his alleged role in a hush money payment scheme and cover-up involving adult film star Stormy Daniels that dates to the 2016 presidential election.”

Trump has aggressively attacked Manhattan District Attorney Alvin Bragg as pursuing a leftist agenda to prevent him from running for President in 2024.

“If they can do this to me,” he has thundered in countless fund-raising appeals to his Right-wing followers, “they can do this to you.” 

Really? How many others have tried to illegally pay hush-money to a porn “actress” to silence her during a Presidential campaign?

Nor is that the end of Trump’s prosecutorial troubles.

On June 13, he became the first ex-President to be formally booked by the Justice Department on federal charges.

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Seal of the Department of Justice

He’s now facing 37 felony charges based on his retaining and hiding classified government documents from authorities.

 These charges include: 

  • Willfully retaining national defense information: Storing 31 classified documents at his estate at Mar-a-Lago, in Palm Beach, Florida.
  • Conspiring to obstruct justice: Conspiring to keep those documents from the grand jury.
  • Withholding a document or a record: Misleading one of his attorneys by moving boxes of classified documents so the attorney could not find or introduce them to the grand jury.
  • Concealing a document in a federal investigation: Hiding Trump’s possession of classified documents at Mar-a-Lago from the FBI and causing a false certificate to be submitted to the FBI.
  • Scheme to conceal: Hiding his continued possession of documents from the FBI and the grand jury.
  • False statements and representations: Causing another of his attorneys to make false statements to the FBI and grand jury about the search at Mar-a-Lago.

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Donald Trump

Each charge carries a maximum fine of $250,000, with maximum prison sentences between five and 20 years.

According to Trump, facing 37 felony charges is “an honor because I’m doing it for you, I’m doing it for our country, to show how evil and sinister a place it has become. Make America great again! We’re not going to let them get away with it.”  

In short: To save America, Trump has volunteered for this indictment. He isn’t the one who illegally removed and tried to retain almost 300 highly classified documents. 

You did.

And he, like Jesus, is taking your sins upon himself.

Trump has repeatedly tried to make himself appear the victim of “a Democratic-led witch hunt.” But if politics has tainted the dispensing of justice in Trump’s case, it’s been on his behalf. 

As President, he had immunity from criminal and civil lawsuits. He couldn’t be tried at local, state and federal levels.

Seal of the President of the United States Great Seal of the United States John F. Kennedy Presidential Library and Museum, Seal, emblem, animals, label png | PNGWing

And he had good reason to avoid facing trial at any level. He was facing at least five cases while he held office:

  • The Manhattan District Attorney’s criminal case against the Trump Organization: For  falsifying New York business records to conceal his hush money payoff to porn “star” Stormy Daniels for his extramarital tryst with her. 
  • The New York Attorney General’s civil investigation into the Trump Organization: For engaging in years of financial fraud to obtain a host of economic benefits.
  • The E. Jean Carroll defamation lawsuit:  For calling her a liar after she claimed he raped her in the 1990s. 
  • The Mary Trump lawsuit:  For defrauding his niece out of millions of dollars.
  • The Trump Tower lawsuit: Five people claim that Keith Schiller, the Trump Organization’s then chief of security, hit one of them on the head when they were protesting outside of the company’s Manhattan headquarters in 2015. 

Since leaving the White House, Trump has seen additional cases pile up against him.  Among these:

  • The Justice Department’s criminal investigation into Trump’s efforts to illegally overturn the 2020 presidential election.
  • The Justice Department’s criminal investigation into Trump’s inciting an attack on Congress on January 6, 2021.
  • The Justice Department’s criminal investigation into Trump’s illegally taking classified documents to his Mar-a-Lago estate and refusing to return them to the government.
  • The House of Representatives’ January 6 lawsuit for trying to prevent Congress from certifying the Electoral College votes on January 6, 2021.
  • The Eric Swalwell lawsuit by the California Representative for trying to block the Electoral College vote count.
  • The Capitol Police January 6 lawsuits for emotional and physical injuries sustained by officers during the January 6, 2021 attack by Trump’s followers. 
  • The Michael Cohen lawsuit by Trump’s former attorney and fixer. He claims Trump retaliated against him after he said he was writing a tell-all about his years working for Trump.
  • The Class Action lawsuit against the Trumps [Donald, Don Jr., Ivanka and Eric] and their business. This alleges that “the defendants used their brand name to defraud thousands of working-class individuals by promoting numerous businesses in exchange for ’secret payments.’” 

Now his Presidential immunity is gone and he faces unprecedented challenges from a legal system that had long ignored his rampant criminality.

READY TO END GUN MASSACRES? HERE’S HOW.

In Bureaucracy, Business, History, Law, Law Enforcement, Politics, Social commentary on July 31, 2023 at 12:35 am

The victims of the violence are black and white, rich and poor, young and old, famous and unknown. They are, most important of all, human beings whom other human beings loved and needed. No one—no matter where he lives or what he does—can be certain who will suffer from some senseless act of bloodshed. And yet it goes on and on.  

–Robert F. Kennedy, April 4, 1968 

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Senator Robert F. Kennedy announcing the murder of Dr. Martin Luther King, Jr.

By https://www.youtube.com/watch?v=jPYNb4ex6Ko, Fair use, https://en.wikipedia.org/w/index.php?curid=14289385

What should the surviving victims of gun massacres do to seek redress?

And how can the relatives and friends of those who didn’t survive seek justice for those they loved?

Two things:

First, don’t count on politicians to support a ban on assault weapons.

Politicians—with rare exceptions—have only two goals:

  1. Get elected to office, and
  2. Stay in office.

And too many of them fear the economic and voting clout of the NRA to risk its wrath.

Consider Mitt Romney and President Barack Obama.

Both rushed to offer condolences to the surviving victims of the massacre at the Century 16 Theater in Aurora, Colorado, on July 20, 2012.

And both steadfastly refused to even discuss gun control—let alone support a ban on the type of assault weapons used by James Holmes, leaving 12 dead and 58 wounded.

Second, those who survived the massacre—and the relatives and friends of those who didn’t—should file wrongful death, class-action lawsuits against the NRA.

There is sound, legal precedent for this.

  • For decades, the American tobacco industry peddled death and disability to millions and reaped billions of dollars in profits.
  • The industry vigorously claimed there was no evidence that smoking caused cancer, heart disease, emphysema or any other ailment.

  • Tobacco companies spent billions on slick advertising campaigns to win new smokers and attack medical warnings about the dangers of smoking.
  • Tobacco companies spent millions to elect compliant politicians and block anti-smoking legislation.
  • From 1954 to 1994, over 800 private lawsuits were filed against tobacco companies in state courts. But only two plaintiffs prevailed, and both of those decisions were reversed on appeal.
  • In 1994, amidst great pessimism, Mississippi Attorney General Mike Moore filed a lawsuit against the tobacco industry. But other states soon followed, ultimately growing to 46.
  • Their goal: To seek monetary, equitable and injunctive relief under various consumer-protection and anti-trust laws.
  • The theory underlying these lawsuits was: Cigarettes produced by the tobacco industry created health problems among the population, which badly strained the states’ public healthcare systems.
  • In 1998, the states settled their Medicaid lawsuits against the tobacco industry for recovery of their tobacco-related, health-care costs. In return, they exempted the companies from private lawsuits for tobacco-related injuries.
  • The companies agreed to curtail or cease certain marketing practices. They also agreed to pay, forever, annual payments to the states to compensate some of the medical costs for patients with smoking-related illnesses.

The parallels with the NRA are obvious:

  • For decades, the NRA has peddled deadly weapons to millions, reaped billions of dollars in profits and refused to admit the carnage those weapons have produced: “Guns don’t kill people.  People kill people.”  With guns.

  • The NRA has bitterly fought background checks on gun-buyers, in effect granting even criminals and the mentally ill the right to own arsenals of death-dealing weaponry.
  • The NRA has spent millions on slick advertising campaigns to win new members and frighten them into buying guns.

  • The NRA has spent millions on political contributions to block gun-control legislation.
  • The NRA has spent millions attacking political candidates and elected officials who warned about the dangers of unrestricted access to assault and/or concealed weapons.

  • The NRA has spent millions pushing “Stand Your Ground” laws in more than half the states, which potentially give every citizen a “license to kill.”
  • The NRA receives millions of dollars from online sales of ammunition, high-capacity ammunition magazines, and other accessories through its point-of-sale Round-Up Program—thus directly profiting by selling a product that kills about 30,288 people a year.

  • Firearms made indiscriminately available through NRA lobbying have filled hospitals with casualties, and have thus badly strained the states’ public healthcare systems.

It will take a series of highly expensive and well-publicized lawsuits to significantly weaken the NRA, financially and politically.

The first ones will have to be brought by the surviving victims of gun violence—and by the friends and families of those who did not survive it. Only they will have the courage and motivation to take such a risk.

As with the cases first brought against tobacco companies, there will be losses. And the NRA will rejoice with each one.

But, in time, state Attorneys General will see the clear parallels between lawsuits filed against those who peddle death by cigarette and those who peddle death by armor-piercing bullet.

And then the NRA—like the tobacco industry—will face an adversary wealthy enough to stand up for the rights of the gun industry’s own victims.

Only then will those politicians supporting reasonable gun controls dare to stand up for the victims of these  needless tragedies.

WHO’S THE REAL VICTIM?

In Bureaucracy, History, Law, Law Enforcement, Social commentary on July 28, 2023 at 1:32 am

Joy Stewart, 22, was nearly eight months pregnant when she encountered Dennis McGuire in Preble County, Ohio, while visiting a friend. 

McGuire wanted to have sex with her but Stewart refused. 

Dennis McGuire

So he raped her.

No, not vaginally.  She was so pregnant he couldn’t have sex with her.

So he anally sodomized her.  With a knife.

Not surprisingly, Stewart became hysterical.  

And this made him fear that he would go to jail for raping a pregnant woman.

So he choked her.  Then he stabbed her with the same knife he had used to anally rape her.

Finally, he severed her carotid artery and jugular vein. He wiped blood off his hands on her right arm and dumped her in a wooded area where she was found the next day by hikers.

Joy Stewart

The date was February 1, 1989.

When questioned by police, McGuire blamed Stewart’s kidnapping and murder on his brother-in-law. 

But the accusation didn’t hold up—-and DNA evidence clearly implicated McGuire.

McGuire was convicted of kidnapping, anal rape and aggravated murder on December 8, 1994.  But even while facing a grim future, McGuire managed to postpone his fate as victim could not.

First, his attorneys appealed his conviction to the Ohio Supreme Court on June 10, 1997.  To the dismay of him and his mouthpieces, the court upheld the verdict on December 10, 1997.

By this time, McGuire had already outlived his ravished victim by eight years.

Second, his attorneys appealed to the United States Court of Appeals, for the Sixth Circuit. 

During this appeal, as in the first, McGuire’s attorneys didn’t argue their client was innocent. They simply claimed that a jury never got to hear the full details of his chaotic and abusive childhood.

As if that had been so much more horrific than the details of Joy Stewart’s rape and murder.

The case was argued on December 16, 2013, and decided on December 30.   

The court upheld the death penalty verdict.

By that time, McGuire had outlived Joy Stewart by 24 years.

But McGuire’s lawyers weren’t through. They asked Ohio Governor John Kasich to spare McGuire, again citing his chaotic and abusive childhood.

Kasich rejected that request without comment.

Then, on January 6-7, 2014, McGuire’s lawyers argued in Federal appeals court that Ohio’s untried two-drug execution method would cause their client “agony and terror” as he struggled to breathe.

Supplies of Ohio’s former execution drug, pentobarbital, had dried up as its manufacturer put it off limits for executions. Ohio’s Department of Rehabilitation and Correction planned to use a dose of midazolam, a sedative, combined with hydromorphone, a painkiller, to put McGuire to death.

That appeal proved unsuccessful.

Finally, on January 16, 2014, McGuire kept his long-delayed date with the executioner in a small, windowless room at the Lucasville Correctional facility.   

Opinion: Ohio should be the 24th state to abolish death penalty

Strapped to a gurney, McGuire gasped, snorted and snored as it took him 26 minutes to die.

“I’m going to heaven,” were his last words.

His surviving family members, of course, felt that a travesty of justice had occurred.

On January 25, they filed a lawsuit in Federal court, claiming that McGuire’s execution was “unconstitutional.”

According to the lawsuit, McGuire suffered  “repeated cycles of snorting, gurgling and arching his back, appearing to writhe in pain. It looked and sounded as though he was suffocating.”

The McGuire family wanted to ensure that such an execution never happens again.

During the execution, his adult children sobbed in dismay.

For him.  Not his ravaged and innocent victim. 

 * * * * *

The old saying, “Justice delayed is justice denied” remains as true—and relevant—as ever.

In order to be effective, punishment must be certain and swift.  To repeatedly postpone it—literally for decades after the perpetrator has been convicted—is to inflict further agony on the victim.

Or, in this case, the surviving family and friends of the murdered victim.

And it sends an unmistakable message to those thinking of victimizing others: “Hey, he got to live another 25 years.  Maybe I can beat the rap.”

Opponents of capital punishment have long argued that the death penalty is not a deterrent to crime.

In fact, it is.

Having finally had sentence carried out on him, Dennis McGuire will never again threaten—nor take the life of—anyone.

Prisons scheduled for executions are now facing a chronic shortage of the drugs used to carry out such sentence. The reason: Many drug-makers refuse to make them available for executions.

This has caused some states to reconsider using execution methods that were scrapped in favor of lethal injection.

Methods like;

  • Hanging
  • The gas chamber
  • The electric chair
  • Even the firing squad.

In line with this debate should be another: Whether the lives of cold-blooded murderers are truly worth more than those of their innocent victims.

And whether those victims—and those who loved them—deserve a better break than they now receive under our legal system.

THE FRIGHTENED TYRANT VS. THE RELENTLESS PROSECUTOR

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on July 26, 2023 at 12:20 am

Donald Trump has no doubt heard of Niccolo Machiavelli, the Florentine statesman of the Renaissance.   

But he certainly hasn’t learned anything from him.

Consider the way he has repeatedly insulted his nemesis, Jack Smith.

Smith was appointed Special Counsel for the United States Department of Justice on November 18, 2022.

Smith standing in front of flags, wearing a suit

Jack Smith

His assignment: Oversee the criminal investigations into former President Donald Trump’s behavior regarding:

  • The January 6, 2021 attack on the United States Capitol; and
  • His taking and storage of classified government documents at his Mar-a-Largo estate in Palm Beach, Florida. 

Since then, Trump has launched a series of vicious attacks on Smith—despite the fact that Smith holds the power to indict and prosecute him for multiple felonies.

For example: On June 8, Smith indicted Trump on 37 federal felony counts for illegally retaining hundreds of classified documents at Mar-a-Lago. Trump pleaded not guilty to all charges.

Boxes of classified documents in Mar-a-Lago bathroom

At a press conference, Smith defended his team’s work and emphasized the seriousness of the charges: “Our laws that protect national defense information are critical to the safety and security of the United States, and they must be enforced.” 

He also emphasized that Trump “must be presumed innocent until proven guilty beyond a reasonable doubt in a court of law.”

Trump quickly responded: “The prosecutor in the case, I will call our case, is a thug. I have named him ‘Deranged Jack Smith. He’s a behind-the-scenes guy, but his record is absolutely atrocious. He does political hit jobs. He’s a raging and uncontrolled Trump hater, as is his wife, who happened to be the producer of that Michelle Obama puff piece. This is the guy I’ve got.”

On June 27, Trump, using his social network Truth Social, continued his attack on Smith: 

COULD SOMEBODY PLEASE EXPLAIN TO THE DERANGED, TRUMP HATING JACK SMITH, HIS FAMILY, AND HIS FRIENDS, THAT AS PRESIDENT OF THE UNITED STATES, I COME UNDER THE PRESIDENTIAL RECORDS ACT, AS AFFIRMED BY THE CLINTON SOCKS CASE, NOT BY THIS PSYCHOS’ FANTASY OF THE NEVER USED BEFORE ESPIONAGE ACT OF 1917. “SMITH” SHOULD BE LOOKING AT CROOKED JOE BIDDEN AND ALL OF THE CRIMES THAT HE HAS PERPETRATED ON THE AMERICAN PUBLIC, INCLUDING THE MILLIONS & MILLIONS OF DOLLARS HE EXTORTED FROM FOREIGN COUNTRIES!

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Donald Trump

So: Where does Niccolo Machiavelli enter this story?

In his masterwork, The Discourses, published in 1531, Machiavelli laid out his advice for preserving liberties within a republic. 

His counsel on gratuitously handing out insults and threats could have been written with Donald Trump in mind:

  • “I hold it to be a proof of great prudence for men to abstain from threats and insulting words towards any one.
  • “For neither the one nor the other in any way diminishes the strength of the enemy—but the one makes him more cautious, and the other increases his hatred of you, and makes him more persevering in his efforts to injure you.”

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Niccolo Machiavelli

Meanwhile, Smith has not responded to Trump’s slanders.

“Smith is not going to play this case out in public,” said Steve Friedland, a law professor at Elon University and a former federal prosecutor. “We’ve seen that in other cases, and that’s true for most prosecutors.” “

“Trump has done this with [New York Attorney General] Letitia James, he has done this with [Fulton County District Attorney] Fani Willis, just every prosecutor that’s investigated him,” Neama Rahmani, a former federal prosecutor, told ABC News.

James has sued Trump for fraud and Willis is investigating Trump’s efforts to gain unearned votes in Georgia to overturn the 2020 electoral victory of Joe Biden.

According to Machiavelli, Trump’s continued outbursts against Smith illustrate another great truth: That it’s possible to tell a truly great man from an imposter:

“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.”   

Trump is desperately trying to appear as the victim of a “weaponized” Justice Department eager to eliminate him as a 2024 Presidential candidate. He has railed against the “Deep State”—by which he means agencies he no longer controls.

And he has called on his allies within the Republican party to derail the continuing probes—especially by defunding Smith’s office or the entire Justice Department. 

So far, neither Trump’s whining nor his allies have deterred Smith from his prosecutorial efforts.

NEEDED: TENANT PROTECTIONS AGAINST SLUMLORDS

In Bureaucracy, Business, History, Law, Law Enforcement, Politics, Social commentary on July 25, 2023 at 12:11 am

…Whoever desires to found a state and give it laws, must start with assuming that all men are bad and ever ready to display their vicious nature…. If their evil disposition remains concealed for a time…we must assume that it lacked occasion to show itself. But time, which has been said to be the father of all truth, does not fail to bring it to light. 

—-Niccolo Machiavelli, The Discourses  

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Niccolo Machiavelli

As of 2022, seven statesCalifornia, Maine, Maryland, Minnesota, New Jersey, New York, Oregon  and the District of Columbia—offer tenant protections via residential rent control. 

Only 34 out of 482 cities in California have strong tenant protections.

And only 15 cities in California have rent controls on landlords’ greed: Alameda, Berkeley, Beverly Hills, East Palo Alto, Hayward, Los Angeles, Los Gatos, Mountain View, Oakland, Palm Springs, Richmond. San Francisco, San Jose, Santa Monica, and West Hollywood.

In California, 17% of the population lives in apartments—more than 6.7 million people or 2.1 million more than New York. 

Nationwide, almost 39 million people in the United States—nearly one in eight—live in apartments.

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. 

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And yet, there is little enthusiasm among these millions of people to protect themselves against predatory landlords.

Still, even in those cities where rent boards and building inspection agencies exist, landlords continue to victimize tenants every day.

Take San Francisco, for example.

To hear slumlords tell it, San Francisco is a “renters’ paradise,” where obnoxious, lazy, rent-evading tenants constantly take advantage of hard-working, put-upon landlords.

Don’t believe it.

A recent case shows the absolute necessity for reining in predatory landlords before they can inflict serious financial and emotional damage on tenants.

In September, 2021, Frank and Carol Thomas (not their real names) moved into a one-bedroom San Francisco apartment for $1,000 a month. 

Frank had been manager of the apartment complex for 10 years. Now he simply wanted to be a tenant.

Meanwhile,  Carol suffered three close personal losses:

  • Her father died in January, in Knoxville, Tennessee;
  • Her best friend died in June.
  • Her aunt died in July.

Then, in August, Frank left for Tennessee to explore possible business opportunities there. It was while visiting Nashville that he suffered a heart attack and died.

This required Carol to travel to Nashville to:

  • Arrange for Frank’s cremation;
  • Obtain the release of his personal effects—including the release of his car, which had been impounded

She also had to spend time in Knoxville to:

  • Arrange for the disposal of her father’s remains;
  • Attend to his piano business;
  • Attend to his estate, including arranging for the sale of his house.

Since she couldn’t afford commuting between California and Tennessee, Carol stayed at her deceased father’s house in Knoxville while making all these arrangements.

Weeks later, she returned to her San Francisco apartment. 

In April, 2022, Carol received a notice from the property management company responsible for the premises. 

It stated that Carol Thomas was last seen in her apartment in November, 2021 and currently lived at her family home in Knoxville, Tennessee.

The notice also stated that her rent would rise from $1,000 per month to $1,695 per month. 

Fortunately, Carol had a friend who had worked as a reporter and legal investigator. He was able to draft a response to her landlord’s rent demand.

It opened: “There is a moral dimension to this case that must not be overlooked.” 

First, it extolled Frank Thomas’ 10 years as building manager for the property management company now trying to raise Carol’s rent.

Then it pointed out: “During the time Carol was gone, she paid her rent in full and on time. Had she not, We Screw Tenants [not the company’s real name] would now be demanding her eviction.

“What We Screw Tenants is trying to do is to literally profit from the death of this man and the grief of this woman.

“This is utterly despicable. Morally, it’s on a par with robbing corpses and selling fentanyl to schoolchildren. 

“If We Screw Tenants is willing to try to extort monies from the widow of its former building manager, it will do the same the next time a tenant is required to leave one of its buildings for weeks.

“As compensation for this deplorable behavior, We Screw Tenants should provide Ms. Thomas with a moratorium on rent increases for at least ten years.”

Carol, who was in her early 60s, showed the suggested response to a case officer of the San Francisco Human Rights Commission.

The officer then contacted We Screw Tenants and said he would be filing a complaint for elder abuse against the company.

The company immediately promised to drop its demand for a $695 raise in rent—if Carol agreed to forego any legal action. 

Carol has not yet decided if she wants to pursue a lawsuit. 

But she was able to fend off a predatory property management company—only because San Francisco has:

  1. Rent control laws limiting landlords’ greed; and
  2. A Human Rights Commission dedicated to protecting citizens against discrimination.

Other tenants—throughout California and the nation—usually don’t prove so fortunate.

THE ORIGINS OF REPUBLICAN “FAMILY VALUES”

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on July 14, 2023 at 12:56 am

In 1992, Republicans wanted to re-elect President George H.W. Bush, who had succeeded Ronald Reagan in 1989. 

But they had a problem: Whipping up voter enthusiasm for him.

Bush wasn’t charismatic like Reagan, so he didn’t inspire the intense loyalty Reagan had. He was seen as drab, even wimpy.

George H. W. Bush, President of the United States, 1989 official portrait.jpg

George H.W. Bush

Ironically, Bush had performed heroically during World War II.

On August 1, 1944,  Bush piloted one of four aircraft that attacked the Japanese installations on Chichijima.

Bush’s aircraft was hit by flak and his engine caught on fire. Despite this, Bush completed his attack and released bombs over his target, scoring several damaging hits.

Reagan, by contrast, spent World War II on a Hollywood sound stage as part of the First Motion Picture Unit, turning out propaganda films to boost civilian morale.

Yet he was seen by millions as a genuine war hero.

Then there was the stalled economy.

Early in his term, Bush faced leftover deficits spawned by the Reagan years. Reagan had given tax-cuts to the rich, bloated the military budget and cut government programs to aid the poor and middle class.

As a result, the deficit had grown by 1990 to $220 billion, three times its size since 1980. In 1991, many corporations, claiming the need to reorganize, laid off hundreds of thousands of workers, who had believed that their jobs were secure.

By mid-year, the unemployment rate reached 7.8%, the highest since 1984. In September 1992, the Census Bureau reported that 14.2% of all Americans lived in poverty.

Bush’s Democratic challenger in 1992 was Bill Clinton, who had been the Governor of Arkansas from 1979 to 1981 and 1983 to 1992.  At 45, Clinton was young, vigorous, and for many evoked memories of an equally young and vigorous John F. Kennedy.

To overcome these disadvantages, Republicans needed a way to generate enthusiasm among their base.

The answer: “Family values.”

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Supposedly this meant support for values traditionally learned or reinforced within a family, such as those of high moral standards and discipline.

In reality, it was a Right-wing excuse for the failed economic policies of the Reagan-Bush years.

By citing “a decline in family values,” Bush’s re-election team could blame jobless Americans for their own misery: “If only you had lived up to the high standards set by your Republican superiors, you wouldn’t now be in this position.”

“Family values” carried a sexual subtext as well. Since abortion had became legal in 1973, Republicans had appropriated re-criminalizing it as their pet sex-related issue.

During the Reagan years, Attorney General Edwin Meese had launched a crackdown on pornography. And much of Reagan’s support had come from sexually-obsessed Christian Right evangelists such as Jerry Falwell of the “Moral Majority.”

Thus, a Bush supporter held up a sign reading, “Woody Allen is Clinton’s Adviser on Family Values,” at the 1992 Republican Presidential convention.

Allen had recently become notorious for an affair with the adopted stepdaughter of his lover, actress Mia Farrow. The slogan wasn’t enough to get Bush re-elected. Bill Clinton was elected President.

But “family values” lived on for decades as Republican code language for: “Only Republicans are sexually upright.”

Throughout the eight-year Clinton Presidency, Republicans focused on his longtime reputation as a sex-crazed Rasputin. When the news broke that Clinton had been diddling a White House intern named Monica Lewinsky, Republicans demanded his resignation.

When Clinton refused to resign, they unsuccessfully tried to impeach him. Meanwhile, they ignored the extramarital affairs of their own members–such as then-House Speaker Newt Gingrich.

Gingrich had been boffing a mistress while demanding Clinton’s impeachment for similar adultery. After Gingrich resigned from the House of Representatives in 1999, his would-be successor, Bob Livingston, was forced to resign from Congress.

He had been outed by Hustler publisher Larry Flynt as a serial philanderer. In 1996, Republicans pushed through Congress the Defense of Marriage Act (DOMA) which defined marriage for federal purposes as the union of one man and one woman. It allowed states to refuse to recognize same-sex marriages allowed in other states.

DOMA was advertised as a necessary defense against “predatory homosexuals” who, like vampires, were thought to be preying on innocent heterosexuals.

A major backer of anti-gay legislation was Dennis Hastert, Republican Speaker of the House from 1999 to 1007.  

Dennis Hastert

In 2006, Hastert spearheaded a bill to toughen punishments for sex crimes against children.

“We’ve all seen the disturbing headlines about sex offenders and crimes against children,” said Hastert. “Protecting our children from Internet predators and child exploitation enterprises are just as high a priority as securing our border from terrorists.”

On April 29, 2016, a federal judge repeatedly damned Hastert as a “serial child molester” for sexually abusing several boys he coached on the Yorkville High School wrestling team in the 1960s and 1970s.Having targeted the poor, blacks, Hispanics, women and gays, Republicans are now training their sights on transgenders.

And Target Corporation’s April 19 announcement that its customers could pick the bathroom that “matched their gender identity” gave Republicans a new venue for their attacks on sex-related issues.

There is no known epidemic of transgender attacks on heterosexuals in bathrooms. But Republicans will ride this issue so long as there are citizens willing to believe it.

COMBATING SLUMLORDS: PART THREE (END)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on July 13, 2023 at 12:10 am

City agencies need to see landlords for what they truly are—as, at best, potential predators, if not actual ones. And to act aggressively on that knowledge. 

As Niccolo Machiavelli warned: 

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

“If their evil disposition remains concealed for a time, it must be attributed to some unknown reason; and we must assume that it lacked occasion to show itself.  But time, which has been said to be the father of all truth, does not fail to bring it to light.”

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Niccolo Machiavelli

The power of slumlords 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

This holds true across the United States. But it also holds true in San Francisco—the “renters’ paradise” where the District Attorney’s Office hasn’t prosecuted a slumlord in decades

SF DISTRICT ATTORNEY on Twitter: "Watch our weekly Facebook Live this Wednesday at noon!… "

Part Two of this series presented a series of badly-needed, long-overdue reforms for the San Francisco Department of Building Inspection (DBI). This is the agency charged to ensuring safe housing conditions for San Francisco residents. 

Renters across the country should demand similar protections.

This concluding part will cover the remainder of those needed reforms. 

  • Landlords should be required to bring all the units in a building up to existing building codes, and not just those in need of immediate repair.
  • Landlords should be legally required to hire a certified-expert contractor to perform building repairs. To save money—that they can well afford to spend—-many landlords insist on making such repairs despite their not being trained or experienced in doing so. They thereby risk the health and/or safety of their tenants. 
  • DBI should not view itself as a “mediation” agency between landlords and tenants. Most landlords hate DBI and will always do so. They believe they should be allowed to treat their tenants like serfs, if not slaves, raise extortionate rents anytime they desire, and maintain their buildings in whatever state they wish. 
  • Above all, DBI must stop viewing itself as a regulatory agency and start seeing itself as a law enforcement one. The FBI doesn’t ask criminals to comply with the law. It applies whatever amount of pressure is needed to force their compliance. William Tecumseh Sherman, speaking of the rebellious Southern states, said it best: “They cannot be made to love us, but they may be made to fear us.”  
  • The San Francisco District Attorney’s Office should create a special unit to investigate and  prosecute slumlords. Prosecutors should offer rewards to citizens who provide tips on major outrages by the city’s slumlords.  

  • Install Rent Control protections for tenants on fixed incomes. San Francisco is notorious for having the highest rents in the nation. The average rent for a one-bedroom apartment runs $3,000 a month. Even those in the vaunted high-tech industry spend most of their income on rent.
  • For tenants on fixed incomes—seniors, disabled, students—the predatory greed of landlords amounts to a staged-in eviction notice.  Social Security recipients often don’t get  a cost-of-living increase if there hasn’t been a rise in gasoline prices. But many of them don’t own cars—while the price of everything else—such as groceries—has sharply risen.  
  • Allowing landlords to jack up rents to the fullest extent possible every year will eventually drive out all tenants who are not multimillionaires. In fact, an unknown portion of this City’s homeless population doubtless stems from the ability of landlords to gradually raise rents above tenants’ ability to afford them.  
  • In 1979, San Franciscans passed a Rent Control law to protect tenants against predatory rent hikes and unfair evictions. As a result, a landlord can only raise a tenant’s rent a certain percentage every year. This is set by the set by the Rent Stabilization and Arbitration Board, more popularly known as the “Rent Board.”  
  • But there is a gaping hole in the law: Once a tenant moves out, the landlord can jack up the rent as high as he wants. This is why the average rent in San Francisco is priced beyond most middle-class wage-earners. 
  • In addition, landlords are allowed to charge tenants yearly fees to maintain the existence of the Rent Board. This is both unfair and insulting, since the Board was created to protect tenants from predatory landlords. Most tenants have far less money to pay such fees than do landlords, who are free to raise rents every year. And landlords—unlike tenants—can and do write off Rent Board fees on their taxes every year. 

As Robert F. Kennedy wrote: “Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on.”