U.S. House of Representatives
In April, 2011, the United States government almost shut down over Republican demands about subsidized pap smears.
During a late-night White House meeting with President Barack Obama and key Congressional leaders, Republican House Speaker John Boehner made this threat:
His conference would not approve funding for the government if any money were allowed to flow to Planned Parenthood through Title X legislation.
Facing an April 8 deadline, negotiators worked day and night to strike a compromise-–and finally reached one.
Three months later–on July 9–Republican extortionists again threatened the Nation with financial ruin and international disgrace unless their demands were met.
President Obama had offered to make historic cuts in the federal government and the social safety net–on which millions of Americans depend for their most basic needs.
But House Speaker John Boehner rejected that offer. He could not agree to the tax increases that Democrats wanted to impose on the wealthiest 1% as part of the bargain.

John Boehner
As the calendar moved ever closer to the fateful date of August 2, Republican leaders continued to insist: Any deal that includes taxes “can’t pass the House.”
One senior Republican said talks would go right up to–and maybe beyond–the brink of default.
“I think we’ll be here in August,” said Republican Representative Pete Sessions, of Texas. “We are not going to leave town until a proper deal gets done.”
President Obama had previously insisted on extending the debt ceiling through 2012. But in mid-July, he simply asked congressional leaders to review three options with their members:
- The “Grand Bargain” choice–favored by Obama–would cut deficits by about $4 trillion, including spending cuts and new tax revenues.
- A medium-range plan would aim to reduce the deficit by about $2 trillion.
- The smallest option would cut between $1 trillion and $1.5 trillion, without increased tax revenue or any Medicare and Medicaid cuts.
And the Republican response?
Said Rep. Darrell Issa, chairman of the Oversight and Government Reform Committee: “Quite frankly, [Republican] members of Congress are getting tired of what the president won’t do and what the president wants.”
Noted political analyst Chris Matthews summed up the sheer criminality of what happened within the House of Representatives.
Speaking on MSNBC’s “Hardball,” on July 28–five days before Congress reached its August 2 deadline to raise the debt-ceiling–Matthews noted:
“The first people to bow to the demands of those threatening to blow up the economy were the Republicans in the House, the leaders. The leaders did what the followers told them to do: meet the demands, hold up the country to get their way.
“Those followers didn’t win the Senate, or the Presidency, just the House.
“But by using the House they were able to hold up the entire United States government. They threatened to blow things up economically and it worked.
“They said they were willing to do that–just to get their way–not by persuasion, not by politics, not by democratic government, but by threatening the destruction of the country’s finances.
“Right. So what’s next? The power grid? Will they next time threaten to close down the country’s electricity and communications systems?”
With the United States teetering on the brink of national bankruptcy, President Obama faced three choices:
- Counter Republican extortion attempts via RICO–the Racketeer Influenced Corrupt Oganizations Act.
- Make a “Cuban Missile Crisis”-style address to the American people, seeking to rally them against a criminal threat to the financial security of the Nation.
- Cave in to Republican demands.
Unfortunately for Obama and the Nation, he chose Number Three.
Here is how he could have applied the other two options.
Racketeer Influenced Corrupt Organizations (RICO) Act
In 1970, Congress passed the Racketeer Influenced and Corrupt Organizations (RICO) Act, Title 18, United States Code, Sections 1961-1968.
Congress’ goal was to eliminate the ill-affects of organized crime on the nation’s economy. To put it bluntly, RICO was intended to destroy the Mafia.
In the 1980s, however, civil lawyers noticed section 1964(c) of the RICO Act. This allows civil claims to be brought by anyone injured in their business or property by reason of a RICO violation.
Anyone who prevailed in a a civil RICO suit would automatically receive judgment of three times their actual damages and would be awarded their costs and attorneys’ fees.
Originally, the RICO Act was aimed at the Mafia and other organized crime syndicates. But in United States v. Turkette, 452 U.S. 576 (1981), the Supreme Court held that RICO applied to both legitimate and illegitimate RICO enterprises.
Previously, many lower courts had tried to limit RICO to recognized “criminal” enterprises. After Turkette, RICO could also be used against corporations, political protest groups, labor unions and loosely knit-groups of people.
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NEGOTIATING NAZI-REPUBLICAN STYLE: PART SIX (OF SEVEN)
In Bureaucracy, History, Politics, Social commentary on August 13, 2013 at 12:05 amWith the United States teetering on the brink of national bankruptcy in 2011, President Obama faced three choices:
Unfortunately for Obama and the Nation, he chose Number Three.
As a result, the Nation now faces a rerun of Republican extortion tactics.
Republicans remain committed to defeating President Barack Obama’s Affordable Care Act–otherwise known as Obamacare–which provides health insurance to all Americans, and not simply the wealthiest 1%.
Republican Senators Marco Rubio of Florida, Ted Cruz of Texas and Mike Lee of Uta are urging their party to vote against any year-end bill to fund the government–unless funding is stripped from the President’s health care law.
Parts of the federal government would shut down on October 1 if Congress doesn’t approve a short-term funding bill before then.
During an August 9, 2013 press conference, Obama bluntly stated why Republicans are so determined to kill this program:
“The one unifying principle in the Republican Party at the moment is making sure that 30 million people don’t have health care and, presumably, repealing all those benefits I just mentioned — kids staying on their parents’ plan; seniors getting discounts on their prescription drugs….
“The idea that you would shut down the government unless you prevent 30 million people from getting health care is a bad idea.”
Even though President Obama refused to stand up to Republican extortion demands in 2011, he still has the opportunity to do so now.
Here is how he can do so.
Option 1: Racketeer Influenced Corrupt Organizations (RICO) Act
RICO has been applied to not only the Mafia but to individuals, businesses, political protest groups, and terrorist organizations. In short, a RICO claim can arise in almost any context.
Such as the one President Barack Obama faced last summer when Republicans threatened to destroy the credit rating of the United States unless their budgetary demands were met.
RICO opens with a series of definitions of “racketeering activity” which can be prosecuted by Justice Department attorneys. Among those crimes: Extortion.
Extortion is defined as “a criminal offense which occurs when a person unlawfully obtains either money, property or services from a person(s), entity, or institution, through coercion.”
The RICO Act defines “a pattern of racketeering activity” as “at least two acts of racketeering activity, one of which occurred after the effective date of this chapter and the last of which occurred within ten years…after the commission of a prior act of racketeering activity.”
And if President Obama had believed that RICO was not sufficient to deal with extortionate behavior, he could have relied on the USA Patriot Act of 2001, passed in the wake of 9/11.
In Section 802, the Act defines domestic terrorism. Among the behavior that is defined as criminal:
“Activities that…appear to be intended…to influence the policy of a government by intimidation or coercion [and]…occur primarily within the territorial jurisdiction of the United States.”
The remedies for punishing such criminal behavior are now legally in place. President Obama need only direct the Justice Department to apply them.
The fact that members of Congress would be criminally investigated and possibly indicted would not violate the separation-of-powers principle. Congressmen have in the past been investigated, indicted and convicted for various criminal offenses.
Such indictments and prosecutions–and especially convictions–would serve notice on current and future members of Congress that the lives and fortunes of American citizens may not be held hostage as part of a negotiated settlement.
Option 2: Declare a National Crisis and Call for His Country’s Support
President John F. Kennedy did just that during the most dangerous crisis of his administration–and scored victory, nationally and internationally.
Addressing the Nation on October 22, 1962, Kennedy shocked his fellow citizens by revealing that the Soviet Union had installed offensive nuclear missiles in Cuba.
John F. Kennedy during the Cuban Missile Crisis
After outlining a series of steps he had taken to end the crisis, Kennedy sought to reassure and inspire his audience. His words are worth remembering today:
“The path we have chosen for the present is full of hazards, as all paths are, but it is the one most consistent with our character and courage as a nation and our commitments around the world.
“The cost of freedom is always high, but Americans have always paid it. And one path we shall never choose, and that is the path of surrender or submission.”
President Obama can send that same message to the extortionists of the Republican Party.
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