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Posts Tagged ‘JAY PARINI’

THE COSTS OF TIMIDITY: PART TWO (END)

In Bureaucracy, History, Law, Law Enforcement, Military, Politics, Social commentary on June 30, 2017 at 12:03 am

During the summer of 2011, Republicans threatened to destroy the Nation’s credit rating unless Democrats agreed to massively cut social programs for the elderly, poor and disabled.

President Barack Obama could have countered this extortion through the Racketeer Influenced Corrupt Organization (RICO) Act.

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 counter 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 so defined: “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.” 

U.S. Department of Justice

The remedies for punishing such criminal behavior were now legally in place. President Obama needed only to direct the Justice Department to apply them.

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. 

The indictment of large numbers of Republican extortionists would have substantially changed the course of American history while Obama held office.

Instead of raising huge sums of money for re-election battles, those Representatives and Senators would have been forced to raise monies for their legal defense. And while some might have been convicted, others almost certainly would have been.

This would have substantially depleted the ranks of Obama’s sworn enemies—and given him far greater opportunities to enact his legislative agenda.

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.

A Cuban Missile Crisis Speech

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.

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 to action by the American people:

Image result for Images of Barack Obama giving a speech in the Oval Office

President Barack Obama addressing the Nation

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.”

Instead, Obama caved in to Republican extortion demands.

In September, 1939, British Prime Minister Neville Chamberlain and French Prime Minister Edouard Daladier sold out their ally, Czechoslovakia, to Adolf Hitler at the infamous Munich Conference. 

As Winston Churchill aptly predicted: “Britain and France had to choose between war and dishonor. They chose dishonor. They will have war.”

To paraphrase Churchill: President Obama had to choose between confrontation and timidity. He chose timidity. He got contempt and obstruction in return. 

Five years later, the FBI, CIA and National Security Agency informed Obama that Russian Intelligence agents were actively working to ensure Donald Trump’s election as President. 

Obama did not publicly release this information–nor indict Trump campaign staffers who were colluding with those agents. 

Thus, Trump won the election–and gained the power to destroy Obama’s Presidential legacy.

THE COSTS OF TIMIDITY: PART ONE (OF TWO)

In Bureaucracy, History, Law, Law Enforcement, Military, Politics, Social commentary on June 29, 2017 at 11:40 am

“[Barack] Obama needs to find his voice now in ways that, during his time in the Oval Office, he was too often reluctant to do, perhaps fearing the immense power of the bully pulpit.

“But now there is a real bully in the pulpit, and Obama–like the rest of us–has no choice but to speak, and to act.” 

So writes noted author and poet Jay Parini in an Op-Ed piece for CNN. 

“[President Donald] Trump has, in fact, gone out of his way to attack Obama, as in his recent nonsensical reversal wherein he attacked Obama for his lack of response to Russian meddling in the 2016 election: ‘Obama did NOTHING,’ Trump tweeted. He went on to accuse Obama of colluding with the Russians!” 

Parini believes that Obama should have warned the American public that Russia was trying to sway the 2016 election for Trump: “There can be no sound reason for not alerting the people of this country to a major attack on their most cherished right, the right to vote.” 

But Obama didn’t issue any such warning. The findings of the FBI, CIA and National Security Agency were kept strictly confidential until after Trump won the campaign.

Parini also believes that Obama should now forcefully respond to Trump’s attacks on him and his signature legislative achievement: The Affordable Care Act, also known as “Obamacare.”

But Obama has long refused to respond forcefully to Republican attacks. As a result, Republicans now dominate both houses of Congress–and the White House.

During the summer of 2011, Republicans threatened to destroy the Nation’s credit rating unless their budgetary demands were met. They refused to raise the debt ceiling unless Democrats agreed to massively cut social programs for the elderly, poor and disabled.

Sign of the Mafia “Black Hand”

If Congress failed to raise the borrowing limit of the federal government by August 2, the date when the U.S. reached the limit of its borrowing abilities, it would have begun defaulting on its loans.

As Warren Buffett, CEO of Berkshire Hathaway, explained the looming economic catastrophe: “If you don’t send out Social Security checks, I would hate to think about the credit meeting at S&P and Moody’s the next morning.

“If you’re not paying millions and millions and millions of people that range in age from 65 on up, money you promised them, you’re not a AAA,” said Buffett.

A triple-A credit rating is the highest possible rating that can be received.

President Obama 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 would not agree to the tax increases that Democrats wanted to impose on the wealthiest 1% as part of the bargain.

John Boehner

To raise taxes on the wealthy, Republicans insisted, would be a “jobs-killer.” It would “discourage” corporate CEOs from creating tens of thousands of jobs they allegedly “wanted” to create.

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:

  1. The “Grand Bargain” choice—favored by Obama–would cut deficits by about $4 trillion, including spending cuts and new tax revenues.
  2. A medium-range plan would aim to reduce the deficit by about $2 trillion.
  3. The smallest option would cut between $1 trillion and $1.5 trillion, without increased tax revenues 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.” 

With the United States teetering on the brink of national bankruptcy, President Obama faced three choices:

  1. Counter Republican extortion attempts via RICO—the Racketeer Influenced Corrupt Organization Act.
  2. Make a “Cuban Missile Crisis”-style address to the American people, seeking to rally them against a criminal threat to the fiscal security of the Nation.
  3. 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 stranglehold of organized crime on the nation’s economy. To put it bluntly, RICO was intended to destroy the Mafia.

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.

In short, the stage was set to hold even Congressional extortionists accountable.