In 2011, Republicans threatened to destroy the Nation’s credit rating unless their budgetary demands were met.
As Ernst Casier, chairman of philosophy at Hamburg University once warned:
“Those who are willing to risk everything, even death and destruction, to attain their ends will prevail over more responsible and prudent men who have more to lose and are rational, not suicidal.”
Yet President Barack Obama could have ended that threat via the Racketeer Influenced Corrupt Organizations (RICO) Act.
Passed by Congress in 1970, as Title 18, United States Code, Sections 1961-1968, its goal was to destroy the Mafia.
Originally, RICO 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 as well to legitimate enterprises being operated in a criminal manner.
After Turkette, RICO could also be used against corporations, political protest groups, labor unions and loosely knit-groups of people.

Department of Justice
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 Republicans’ extortion attempts, 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 were now legally in place. President Obama needed only to direct the Justice Department to apply them.
- President Obama could have directed Attorney General Eric Holder to investigate whether actions by Republican Congressman–and their Tea Party cohorts–broke Federal anti-racketeering and/or anti-terrorism laws.
- Holder, in turn, could have ordered the FBI to conduct that investigation.
- If the FBI found sufficient evidence that these laws had been violated, Holder could have convened criminal grand juries to indict those violators.
Criminally investigating and possibly indicting members of Congress 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 have served notice on current and future members of Congress: The lives and fortunes of American citizens may not be held hostage to gain leverage in a political settlement.
In short: Obama could have replaced the law of fear with the rule of law.
But Obama could have stood up to Republican extortionists in another way: By urging his fellow Americans to rally to him in a moment of supreme national danger.
President John F. Kennedy did just that–successfully–during the most dangerous crisis of his administration.
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.
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John F. Kennedy
Kennedy outlined a series of steps he had taken to end the crisis–most notably, a blockade of Cuba. Then he sought to reassure and inspire his audience:
“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 could have sent that same message to the extortionists of the Republican Party–by explaining to the American people:
- Republicans have adopted the same my-way-or-else “negotiating” stance as Adolf Hitler.
- Like the Nazis, they are determined to gain absolute power–or destroy the Nation they claim to love.
- They raised the debt ceiling seven times during the eight-year Presidency of George W. Bush.
- But now that a Democrat holds the White House, raising the debt ceiling is unacceptable.
- Despite Republican lies, we cannot revitalize the economy by slashing taxes on the wealthy and on cash-hoarding corporations while cutting benefits for millions of average Americans.
- We will need both tax increases and sensible entitlement cuts to regain our economic strength.
And he could have ended his speech with a direct call for action by the American people:
“We stand on the edge of economic disaster. Therefore, I am asking each of you to stand up for America tonight–by demanding the recall of the entire membership of the Republican Party.
“This is the moment when each of us must decide–whether we will survive as a Republic, or allow ruthless political fanatics to destroy what has lasted and thrived for more than 200 years.”
To paraphrase Winston Churchill: President Obama had to choose between timidity and confrontation.
He chose timidity.
He would get contempt and obstruction at every turn.


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HITLER, THE GOP AND “SCORCHED EARTH”: PART ONE (OF THREE)
In Bureaucracy, History, Law, Politics, Social commentary on March 13, 2017 at 12:36 amAlbert Speer, Minister of Armaments for the Third Reich, was appalled.
His Fuhrer, Adolf Hitler–the man he had idolized for 14 years–had just passed a death sentence on Germany, the nation he claimed to love above all others.
Albert Speer and Adolf Hitler pouring over architectural plans
On March 19, 1945, facing certain defeat, Hitler had ordered a massive “scorched-earth” campaign throughout Germany.
All German agriculture, industry, ships, communications, roads, food stuffs, mines, bridges, stores and utility plants were to be destroyed.
If implemented, it would deprive the entire German population of even the barest necessities after the war.
Click here: Hitler’s “Scorched Earth” Decree and Albert Speer’s Response
Now living in a bunker 50 feet below bomb-shattered Berlin, Hitler gave full vent to his most destructive impulses.
Adolf Hitler addressing boy soldiers as the Third Reich crumbles
“If the war is lost,” Hitler told Speer, “the nation will also perish. This fate is inevitable. There is no necessity to take into consideration the basis which the people will need to continue even a most primitive existence.
“On the contrary, it will be better to destroy these things ourselves, because this nation will have proved to be the weaker one and the future will belong solely to the stronger eastern nation.
“Besides, those who will remain after the battle are only the inferior ones, for the good ones have all been killed.”
Speer argued in vain that there must be a future for the German people. But Hitler refused to back down. He gave Speer 24 hours to reconsider his opposition to the order.
The next day, Speer told Hitler: “My Fuhrer, I stand unconditionally behind you!”
“Then all is well,” said Hitler, suddenly with tears in his eyes.
“If I stand unreservedly behind you,” said Speer, “then you must entrust me rather than the Gauleiters [district Party leaders serving as provincial governors] with the implementation of your decree.”
Filled with gratitude, Hitler signed the decree Speer had thoughtfully prepared before their fateful meeting.
By doing so, Hitler unintentionally gave Speer the power to thwart his “scorched earth” decree.
Speer had been the closest thing to a friend in Hitler’s life. Trained as an architect, he had joined the Nazi Party in 1931.
He met Hitler in 1933, when he presented the Fuhrer with architectural designs for the Nuremberg Rally scheduled for that year.
From then on, Speer became Hitler’s “genius architect” assigned to create buildings meant to last for a thousand years.
In 1943, Hitler appointed him Minister of Armaments, charged with revitalizing the German war effort.
Nevertheless, Speer now crisscrossed Germany, persuading military leaders and district governors to not destroy the vital facilities that would be needed after the war.
“No other senior National Socialist could have done the job,” writes Randall Hanson, author of Disobeying Hitler: German Resistance After Valkyrie.
“Speer was one of the very few people in the Reich–perhaps even the only one–with such power to influence actors’ willingness/unwillingness to destroy.”
Despite his later conviction for war crimes at Nuremberg, Speer never regretted his efforts to save Germany from total destruction at the hands of Adolf Hitler.
Fast-forward to the United States since the 2008 election of President Barack Obama.
Republicans have adopted the same my-way-or-else “negotiating” stance as the German Fuhrer. Like him, they are determined to gain and hold absolute power–or destroy the Nation they claim to love.
During his eight years in the White House, Ronald Reagan presided over a tripling of the national debt–and raised the debt limit 17 times.
President George W. Bush nearly doubled it again.
During the George W. Bush Presidency, Republicans in Congress raised the debt ceiling seven times–when the national debt grew to $10.627 trillion due to tax cuts for the rich and wars in Afghanistan and Iraq.
But none of that mattered to Republicans–so long as one of them held the White House.
Then Barack Obama, a Democrat–worse, a black one–became President.
Suddenly, “fiscal integrity” became the byword of Republicans. And in its name, they repeatedly threatened to shut down the government if their legislative demands weren’t met.
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 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.
John Boehner
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.
By refusing to raise the debt ceiling, they would force the government to default on paying the bills it owed.
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 Boehner rejected that offer. He would not agree to the tax increases that Democrats wanted to impose on the wealthiest 1% as part of the bargain.
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