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Posts Tagged ‘JUSTICE DEPARTMENT’

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WHY THE RIGHT WINS AND THE LEFT LOSES

In Bureaucracy, History, Military, Politics, Social commentary on December 11, 2015 at 11:43 am

Most Americans believe that Nazi Germany was defeated because “we were the Good Guys and they were the Bad Guys.”

Not so.

The United States–and its allies, Great Britain and the Soviet Union–won the war for reasons that had nothing to do with the rightness of their cause. These included:

  • Nazi Germany–i.e, its Fuehrer, Adolf Hitler–made a series of disastrous decisions. Chief among these: Attacking its ally, the Soviet Union, and declaring war on the United States;
  • The greater material resources of the Soviet Union and the United States; and
  • The Allies waged war as brutally as the Germans.

On this last point:

  • From D-Day to the fall of Berlin, captured Waffen-SS soldiers were often shot out of hand.
  • When American troops came under fire in the German city of Aachen, Lt. Col. Derrill Daniel brought in a self-propelled 155mm artillery piece and opened up on a theater housing German soldiers.  After the city surrendered, a German colonel labeled the use of the 155 “barbarous” and demanded that it be outlawed.

German soldiers at Stalingrad

  • During the battle of Stalingrad in 1942, Wilhelm Hoffman, a young German soldier and diarist, was appalled that the Russians refused to surrender.  He wrote: “You don’t see them at all, they have established themselves in houses and cellars and are firing on all sides, including from our rear–barbarians, they use gangster methods….”

In short: The Allies won because they dared to meet the brutality of a Heinz Guderian with that of a George S. Patton.

This is a lesson that has been totally lost on the liberals of the Democratic Party. Which explains why they lost most of the Presidential elections of the 20th century.

It also explains why President Barack Obama has found most of his legislative agenda stymied by Right-wing Republicans.

Consider this example: In 2014, Senator Rand Paul (R-Ky.) warned then-Senate Majority Leader Harry Reid (D-Nev.) that he would place a hold on one of President Obama’s appellate court nominees.

Rand Paul

David Barron had been nominated to the First Circuit Court of Appeals.  And Paul objected to this because Barron authored memos justifying the killing of an American citizen by a drone in Yemen.

The September 30, 2011 drone strike killed Anwar al-Awlaki, a radical Muslim cleric notorious on the Internet for encouraging Muslims to attack the United States.

So President Obama authorized a drone stroke against him, thus removing that danger. Paul demanded that the Justice Department release the memos Barron crafted justifying the drone policy.

Anwar al-Awlaki

Imagine how Republicans would depict Paul–or a Democratic Senator–if he behaved in a similar manner with a Republican President: “Rand Paul: A traitor who supports terrorists.  He sides with America’s enemies against its own lawfully elected President.”

To Republicans, “lawfully elected” applies only to Republican Presidents. A Democrat who runs against a Republican is automatically considered a traitor.

And a Democrat who defeats a Republican is automatically considered a usurper, and thus deserves to be slandered and obstructed, if not impeached.

Unable to defeat Bill Clinton in 1992 and 1996, Republicans tried in 1998 to impeach him for getting oral sex in the White House.

Similarly, 2012 Presidential candidate Herman Cain, asked in a conference call with bloggers why Republicans couldn’t just impeach President Obama, replied:

“That’s a great question and it is a great–it would be a great thing to do but because the Senate is controlled by Democrats we would never be able to get the Senate first to take up that action.”

On May 22, 2014, the Senate voted 53–45 to confirm Barron to the First Circuit Court of Appeals.

In Renegade: The Making of a President, Richard Wolffe chronicled Obama’s successful 2008 bid for the White House. Among his revelations:

Obama, a believer in rationality and decency, felt more comfortable in responding to attacks on his character than in making them on the character of his enemies.

A graduate of Columbia University and Harvard Law School, Obama is easily one of the most academically gifted Presidents in United States history.

But for all this, he failed–from the onset of his Presidency–to grasp and apply this fundamental lesson taught by Niccolo Machiavelli, the father of modern political science. In The Prince Machiavelli warns:

From this arises the question whether it is better to be loved than feared, or feared more than loved. 

The reply is, that one ought to be both feared and loved, but as it is difficult for the two to go together, it is much safer to be feared than loved….

And men have less scruple in offending one who makes himself loved than one who makes himself feared; for love is held by a chain of obligations which, men being selfish, is broken whenever it serves their purpose; but fear is maintained by a dread of punishment which never fails. 

On Facebook and Twitter, liberals are already celebrating the “certain” Presidency of Vermont U.S. Senator Bernie Sanders or former First Lady Hillary Clinton in 2016.

They forget that, in 1968, 1980, 1988 and 2000, liberals couldn’t believe America would elect, respectively, Richard Nixon, Ronald Reagan, George H.W. Bush and George W. Bush.

For Democrats to win elective victories and enact their agenda, they must find their own George Patton to take on the Waffen-SS generals among Republican ranks.

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A CLASH OF TITANS: RFK VS. HOFFA–PART TWO (END)

In Bureaucracy, History, Law Enforcement, Politics, Social commentary on June 9, 2015 at 12:02 am

The 1983 TV mini-series, “Blood Feud,” chronicles the decade-long struggle between Robert F. Kennedy and James R. Hoffa.

As Attorney General, Kennedy declares war–for the first time in American history–on the Mafia.  He forces longtime FBI Director J. Edgar Hoover–who has long refused to tackle the Mob–to investigate and arrest mobsters throughout the nation.

He also brings new charges against Hoffa–and, once again, is outraged to see Hoffa acquitted.

But under the unrelenting pressures of being in the crosshairs of the FBI, Hoffa begins to crack.  He tells a trusted colleague, Edward Grady Partin (Brian Dennehy) how easy it would be to assassinate Kennedy with a rifle or a bomb.

Later, Partin gets into a legal jam–and is abandoned by the Teamsters.  Hoping to cut a deal, he relays word to the Justice Department of Hoffa’s threats against the Attorney General.

Now working for the Justice Department, Partin sends in reports on Hoffa’s juror-bribing efforts in yet another trial.  Hoffa again beats the rap–but now Kennedy has the insider’s proof he needs to put him away for years.

Meanwhile, the Mafia despairs of the increasing pressure of the Justice Department. At a swanky restaurant, several high-ranking members agree that “something” must be done.

[Although this scene is fictional, it’s clearly based on an infamous outburst of Carlos Marcello, the longtime Mafia boss of New Orleans.

Carlos Marcello

In 1962, Marcello–who had been deported to Guatemala by RFK, then illegally re-entered the country–flew into a rage when a business colleague mentioned Kennedy.

“Take the stone out of my shoe!” he shouted, echoing a Sicilian curse.  “Don’t you worry about that little Bobby sonofabitch.  He’s going to be taken care of!”

When his colleague warned that murdering RFK would trigger the wrath of his brother, President John F.Kennedy, Marcello replied: “In Sicily they say if you want to kill a dog you don’t cut off the tail. You go for the head.”

Marcello considered President Kennedy to be the head.  And he added that he planned to use a “nut” to do the job.]

On November 22, 1963, President John F. Kennedy is assassinated in Dallas.  “Blood Feud” clearly implies that the Mafia was responsible.

[The House Assassinations Committee investigated this possibility in 1978, and determined that Marcello had the means, motiva and opportunity to kill JFK.  But it could not find any conclusive evidence of his involvement.]

Even with the President dead, RFK’s Justice Department continues to pursue Hoffa.  In 1964, he is finally convicted of jury tampering and sentenced to 13 years’ imprisonment.

Hoping to avoid prison, Hoffa phones Robert Kennedy, offering future Teamsters support if RFK runs  for President. To prove he can deliver, he tells Kennedy that the Teamsters have even penetrated the FBI.

Kennedy confronts J. Edgar Hoover, accusing him of illegally planting wiretaps in Mob hangouts all over the country.

J. Edgar Hoover and Robert F. Kennedy 

Hoover retorts that this had been the only way to obtain the prosecution-worthy intelligence Kennedy had demanded: “You loved that flow of information.  You didn’t want it to stop.”

Kennedy: Why did you keep the FBI out of the fight against the Mob for decades?

Hoover: “Every agency that came to grips with them got corrupted by their money.”

[So far as is known, Hoover never made any such confession.  Historians continue to guess his reason for leaving the Mob alone for decades.]

RFK then mentions the CIA’s plots to employ the Mob to assassinate Cuban dictator Fidel Castro

[The agency had wanted to please President Kennedy, and the Mafia had wanted to regain its casinos lost to the Cuban Revolution.]

“The CIA, doing business with the Mob,” says Kennedy. “The FBI, leaking information to its enemies [the Teamsters].”  Then, sadly: “I guess it’s true–everyone does business with everyone.”

[So far as is known, the FBI did not pass on secrets to the Teamsters.  But during the 1970s, the Mafia  penetrated the Cleveland FBI office through bribes to a secretary. Several FBI Mob informants were  “clipped” as a result.]

In 1967, Hoffa goes to prison.  He stays there until, in 1971, President Richard Nixon commutes his sentence in hopes of gaining Teamsters support for his 1972 re-election.

Kennedy leaves the Justice Department in 1964 and is elected U.S. Senator from New York.  In 1968 he runs for President.  On June 5, after winning the California primary, he’s assassinated.

Hoffa schemes to return to the presidency of the Teamsters–a post now held by his successor, Frank Fitzsimmons.  He runs the union in a more relaxed style than Hoffa, thus giving the Mob greater control over its pension fund.

And the Mafia likes it that way.

On July 30, 1975, Hoffa disappears from the parking lot of the Machus Red Fox Restaurant near Detroit.  He had gone there to meet with two Mafia leaders.

Forty years later:

  • Labor unions are a shadow of their former power.
  • The threat they once represented to national prosperity has been replaced by that of predatory  corporations like Enron and AIG.
  • The war RFK began on the Mafia has continued, sending countless mobsters to prison.
  • Millions of Americans who once expected the Federal Government to protect them from crime now believe the Government is their biggest threat.
  • The idealism that fueled RFK’s life has virtually disappeared from politics.

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A CLASH OF TITANS: RFK VS. HOFFA–PART ONE (OF TWO)

In Bureaucracy, History, Law Enforcement, Politics, Social commentary on June 8, 2015 at 12:01 am

Forty-seven years ago today, Senator Robert Francis Kennedy was laid to rest in Arlington Cemetary, only feet away from the grave of his elder brother–President John Fitzgerald Kennedy.

Campaigning for the Presidency in 1968, he had just won the crucial California primary on June 4–when he was shot in the back of the head.  His killer: Sirhan Sirhan, a young Palestinian furious at Kennedy’s support for Israel.

Eleven years earlier, as a young, idealistic attorney, Kennedy had declared war on James Riddle Hoffa, the president of the Mafia-dominated International Brotherhood of Teamsters Union.

As chief counsel for the Senate Labor Rackets Committee, Kennedy was appalled at the corruption he discovered among high-ranking Teamster officials.  As he saw it, under Hoffa’s leadership, the union was nothing less than “a conspiracy of evil.”

Robert F. Kennedy as Chief Counsel, Senate Labor Rackets Committee

Hoffa, in turn, held an equally unflattering view of Kennedy.  “A rich punk,” said Hoffa, who didn’t know or care about “the average workingman.”

In 1983, Blood Feud, a two-part TV mini-series, depicted the 11-year animosity between Kennedy and Hoffa.  Although it took some dramatic liberties, its portrayal of the major events of that period remains essentially accurate.

Today, labor unions are a rapidly-vanishing species, commanding far less political influence than they did 50 years ago.  As a result, young viewers of this series may find it hard to believe that labor ever held such sway, or that the Teamsters posed such a threat.

James Riddle Hoffa testifying before the Senate Labor Rackets Committee

And in an age when millions see “Big Government” as the enemy by millions, they may feel strong reservations about the all-out war that Robert F. Kennedy waged against Hoffa.

The series opens in 1957, when Hoffa (Robert Blake) is a rising figure within the Teamsters. Kennedy (Cotter Smith) is chief counsel for the Senate Labor Rackets Committee.

At first, Hoffa tries to ingratiate himself with Kennedy, telling him: “I know everybody who can help me and anybody who can hurt me.”

A wily Hoffa decides to parley Kennedy’s anti-corruption zeal into a path to power for himself.  Via his attorney, Eddie Cheyfitz, he feeds Kennedy incriminating evidence against Dave Beck, president of the Teamsters.

Robert Blake as James Hoffa

Confronted with a Senate subpoena, Beck flees the country–paving the way for Hoffa to assume the top position in the union. Hoffa believes he has solved two problems at once.

With the ousting of Beck, Kennedy should now be satisfied: “He’s got his scalp.  Now he can move on to other things while I run the union.”

But Hoffa has guessed wrong–with fatal results. Realizing that he’s been “played” by Hoffa, a furious Kennedy strikes back.

Cotter Smith as Robert Kennedy

He orders increased surveillance of Hoffa and his topmost associates.  He subpoenas union records and members of both the Teamsters and Mafia to appear before his committee in public hearings.

And he tries to enlist the aid of legendary FBI Director J. Edgar Hoover (Ernest Borgnine).  But Hoover wants no part of a war against organized crime, whose existence he refuses to admit.

Meanwhile, Kennedy’s confrontations with Hoffa grow increasingly fierce. In open hearings, Kennedy accuses Hoffa of receiving kickbacks in the name of his wife. Hoffa damns him for “dirtying my wife’s name.”

Kennedy secures an indictment against Hoffa for hiring a spy to infiltrate the Senate Labor Rackets Committee. He’s so certain of a conviction that he tells the press he’ll “jump off the Capitol building” if Hoffa beats the rap.

But Hoffa’s lawyer, Edward Bennett Williams (Jose Ferrer) puts Kennedy himself on the witness stand.  There he portrays Kennedy as a spoiled rich man who’s waging a vendetta against Hoffa.

Hoffa beats the rap, and offers to send Kennedy a parachute.  But he jokingly warns reporters: “Hey, Bobby, you better have it checked.  I don’t trust myself!”

By 1959, Kennedy’s work as chief counsel for the Senate Labor Rackets Committee is over.  But not his determination to send Hoffa to prison.

Throughout 1960, he manages the Presidential campaign for his brother, John F. Kennedy (Sam Groom).  By a margin of only 100,000 votes, John wins the election.

Hoffa thinks that his troubles are over, that “Bobby” will move on to other pursuits and forget about the Teamsters.

Kennedy moves on to another job–the office of United States Attorney General.  For Hoffa, it’s a nightmare come true.

JFK, needing someone in the Cabinet he can trust completely, browbeats Robert into becoming the the nation’s top cop.

As Attorney General, Kennedy must no longer beg J. Edgar Hoover to attack organized crime.  He can–and does–order him to do so.

Throughout the country, the Mafia feels a new heat as FBI agents plant illegal electronic microphones (“bugs”) in their innermost sanctums.  Agents openly tail mobsters–and send them to prison in large numbers.

And Kennedy sets up a special unit, composed of topflight prosecutors and investigators, to go after just one man: James Riddle Hoffa.  The press comes to call it  the “Get Hoffa” squad.

Hoffa continues to beat federal prosecutors in court.  But he believes he’s under constant surveillance by the FBI, and his nerves are starting to give way.

Convinced that the FBI has bugged his office, he literally tears apart the room, hoping to find the bug.  But he fails to do so.

What he doesn’t know is he’s facing a more personal danger–from one of his closest associates.

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RFK VS. HOFFA: A CLASH OF TITANS: PART TWO (END)

In Bureaucracy, History, Politics, Social commentary on December 11, 2014 at 12:01 am

The 1983 TV mini-series, “Blood Feud,” chronicles the decade-long struggle between Robert F. Kennedy and James R. Hoffa.

As Attorney General, Kennedy declares war–for the first time in American history–on the Mafia.  He forces longtime FBI Director J. Edgar Hoover–who has long refused to tackle the Mob–to investigate and arrest mobsters throughout the nation.

He also brings new charges against Hoffa–and, once again, is outraged to see Hoffa acquitted.

But under the unrelenting pressures of being in the crosshairs of the FBI, Hoffa begins to crack.  He tells a trusted colleague, Edward Grady Partin (Brian Dennehy) how easy it would be to assassinate Kennedy with a rifle or a bomb.

Later, Partin gets into a legal jam–and is abandoned by the Teamsters.  Hoping to cut a deal, he relays word to the Justice Department of Hoffa’s threats against the Attorney General.

Now working for the Justice Department, Partin sends in reports on Hoffa’s juror-bribing efforts in yet another trial.  Hoffa again beats the rap–but now Kennedy has the insider’s proof he needs to put him away for years.

Meanwhile, the Mafia despairs of the increasing pressure of the Justice Department. At a swanky restaurant, several high-ranking members agree that “something” must be done.

[Although this scene is fictional, it’s clearly based on an infamous outburst of Carlos Marcello, the longtime Mafia boss of New Orleans.

Carlos Marcello

In 1962, Marcello–who had been deported to Guatemala by RFK, then illegally re-entered the country–flew into a rage when a business colleague mentioned Kennedy.

“Take the stone out of my shoe!” he shouted, echoing a Sicilian curse.  “Don’t you worry about that little Bobby sonofabitch.  He’s going to be taken care of!”

When his colleague warned that murdering RFK would trigger the wrath of his brother, President John F.Kennedy, Marcello replied: “In Sicily they say if you want to kill a dog you don’t cut off the tail. You go for the head.”

Marcello considered President Kennedy to be the head.  And he added that he planned to use a “nut” to do the job.]

On November 22, 1963, President John F. Kennedy is assassinated in Dallas.  “Blood Feud” clearly implies that the Mafia was responsible.

[The House Assassinations Committee investigated this possibility in 1978, and determined that Marcello had the means, motiva and opportunity to kill JFK.  But it could not find any conclusive evidence of his involvement.]

Even with the President dead, RFK’s Justice Department continues to pursue Hoffa.  In 1964, he is finally convicted of jury tampering and sentenced to 13 years’ imprisonment.

Hoping to avoid prison, Hoffa phones Robert Kennedy, offering future Teamsters support if RFK runs  for President. To prove he can deliver, he tells Kennedy that the Teamsters have even penetrated the FBI.

Kennedy confronts J. Edgar Hoover, accusing him of illegally planting wiretaps in Mob hangouts all over the country.

J. Edgar Hoover and Robert F. Kennedy 

Hoover retorts that this had been the only way to obtain the prosecution-worthy intelligence Kennedy had demanded: “You loved that flow of information.  You didn’t want it to stop.”

Kennedy: Why did you keep the FBI out of the fight against the Mob for decades?

Hoover: “Every agency that came to grips with them got corrupted by their money.”

[So far as is known, Hoover never made any such confession.  Historians continue to guess his reason for leaving the Mob alone for decades.]

RFK then mentions the CIA’s plots to employ the Mob to assassinate Cuban dictator Fidel Castro

[The agency had wanted to please President Kennedy, and the Mafia had wanted to regain its casinos lost to the Cuban Revolution.]

“The CIA, doing business with the Mob,” says Kennedy. “The FBI, leaking information to its enemies [the Teamsters].”  Then, sadly: “I guess it’s true–everyone does business with everyone.”

[So far as is known, the FBI did not pass on secrets to the Teamsters.  But during the 1970s, the Mafia  penetrated the Cleveland FBI office through bribes to a secretary. Several FBI Mob informants were  “clipped” as a result.]

In 1967, Hoffa goes to prison.  He stays there until, in 1971, President Richard Nixon commutes his sentence in hopes of gaining Teamsters support for his 1972 re-election.

Kennedy leaves the Justice Department in 1964 and is elected U.S. Senator from New York.  In 1968 he runs for President.  On June 5, after winning the California primary, he’s assassinated.

Hoffa schemes to return to the presidency of the Teamsters–a post now held by his successor, Frank Fitzsimmons.  He runs the union in a more relaxed style than Hoffa, thus giving the Mob greater control over its pension fund.

And the Mafia likes it that way.

On July 30, 1975, Hoffa disappears from the parking lot of the Machus Red Fox Restaurant near Detroit.  He had gone there to meet with two Mafia leaders.

Forty years later:

  • Labor unions are a shadow of their former power.
  • The threat they once represented to national prosperity has been replaced by that of predatory  corporations like Enron and AIG.
  • The war RFK began on the Mafia has continued, sending countless mobsters to prison.
  • The idealism that fueled RFK’s life has virtually disappeared from politics.
  • Millions of Americans who once expected the Federal Government to protect them from crime now believe the Government is their biggest threat.

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RFK VS. HOFFA: A CLASH OF TITANS: PART ONE (OF TWO)

In Bureaucracy, History, Law Enforcement, Politics, Social commentary on December 10, 2014 at 12:10 am

Long ago, in an America increasingly far away….

A young, idealistic attorney named Robert Francis Kennedy declared war on James Riddle Hoffa, the president of the Mafia-dominated International Brotherhood of Teamsters Union.

As chief counsel for the Senate Labor Rackets Committee, Kennedy was appalled at the corruption he discovered among high-ranking Teamster officials.  As he saw it, under Hoffa’s leadership, the union was nothing less than “a conspiracy of evil.”

Robert F. Kennedy as Chief Counsel, Senate Labor Rackets Committee

Hoffa, in turn, held an equally unflattering view of Kennedy.  “A rich punk,” said Hoffa, who didn’t know or care about “the average workingman.”

In 1983, Blood Feud, a two-part TV mini-series, depicted the 11-year animosity between Kennedy and Hoffa.  Although it took some dramatic liberties, its portrayal of the major events of that period remains essentially accurate.

Today, labor unions are a rapidly-vanishing species, commanding far less political influence than they did 50 years ago.  As a result, young viewers of this series may find it hard to believe that labor ever held such sway, or that the Teamsters posed such a threat.

James Riddle Hoffa testifying before the Senate Labor Rackets Committee

And in an age when millions see “Big Government” as the enemy by millions, they may feel strong reservations about the all-out war that Robert F. Kennedy waged against Hoffa.

The series opens in 1957, when Hoffa (Robert Blake) is a rising figure within the Teamsters. Kennedy (Cotter Smith) is chief counsel for the Senate Labor Rackets Committee.

At first, Hoffa tries to ingratiate himself with Kennedy, telling him: “I know everybody who can help me and anybody who can hurt me.”

A wily Hoffa decides to parley Kennedy’s anti-corruption zeal into a path to power for himself.  Via his attorney, Eddie Cheyfitz, he feeds Kennedy incriminating evidence against Dave Beck, president of the Teamsters.

Robert Blake as James Hoffa

Confronted with a Senate subpoena, Beck flees the country–paving the way for Hoffa to assume the top position in the union. Hoffa believes he has solved two problems at once.

With the ousting of Beck, Kennedy should now be satisfied: “He’s got his scalp.  Now he can move on to other things while I run the union.”

But Hoffa has guessed wrong–with fatal results. Realizing that he’s been “played” by Hoffa, a furious Kennedy strikes back.

Cotter Smith as Robert Kennedy

He orders increased surveillance of Hoffa and his topmost associates.  He subpoenas union records and members of both the Teamsters and Mafia to appear before his committee in public hearings.

And he tries to enlist the aid of legendary FBI Director J. Edgar Hoover (Ernest Borgnine).  But Hoover wants no part of a war against organized crime, whose existence he refuses to admit.

Meanwhile, Kennedy’s confrontations with Hoffa grow increasingly fierce. In open hearings, Kennedy accuses Hoffa of receiving kickbacks in the name of his wife.  Hoffa damns him for “dirtying my wife’s name.”

Kennedy secures an indictment against Hoffa for hiring a spy to infiltrate the Senate Labor Rackets Committee. He’s so certain of a conviction that he tells the press he’ll “jump off the Capitol building” if Hoffa beats the rap.

But Hoffa’s lawyer, Edward Bennett Williams (Jose Ferrer) puts Kennedy himself on the witness stand.  There he portrays Kennedy as a spoiled rich man who’s waging a vendetta against Hoffa.

Hoffa beats the rap, and offers to send Kennedy a parachute.  But he jokingly warns reporters: “Hey, Bobby, you better have it checked.  I don’t trust myself!”

By 1959, Kennedy’s work as chief counsel for the Senate Labor Rackets Committee is over.  But not his determination to send Hoffa to prison.

Throughout 1960, he manages the Presidential campaign for his brother, John F. Kennedy (Sam Groom).  By a margin of only 100,000 votes, John wins the election.

Hoffa thinks that his troubles are over, that “Bobby” will move on to other pursuits and forget about the Teamsters.

Kennedy moves on to another job–the office of United States Attorney General.  For Hoffa, it’s a nightmare come true.

JFK, needing someone in the Cabinet he can trust completely, browbeats Robert into becoming the the nation’s top cop.

As Attorney General, Kennedy must no longer beg J. Edgar Hoover to attack organized crime.  He can–and does–order him to do so.

Throughout the country, the Mafia feels a new heat as FBI agents plant illegal electronic microphones (“bugs”) in their innermost sanctums.  Agents openly tail mobsters–and send them to prison in large numbers.

And Kennedy sets up a special unit, composed of topflight prosecutors and investigators, to go after just one man: James Riddle Hoffa.  The press comes to call the “Get Hoffa” squad.

Hoffa continues to beat federal prosecutors in court.  But he believes he’s under constant surveillance by the FBI, and his nerves are starting to give way.

Convinced that the FBI has bugged his office, he literally tears apart the room, hoping to find the bug.  But he fails to do so.

What he doesn’t know is he’s facing a more personal danger–from one of his closest associates.

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OBAMA’S SIX “OBAMACARE” MISTAKES: PART FOUR (END)

In Bureaucracy, Business, History, Law, Politics, Social commentary on August 8, 2014 at 2:45 pm

President Obama claims to be a serious student of Realpolitick.  If this were so, he would have predicted that most businesses would seek to avoid compliance with his Affordable Care Act (ACA).

And the remedy would have been simple: Require all employers to provide insurance coverage for all of their employees, regardless of their fulltime or part-time status.

This, in turn, would have produced two substantial benefits:

  1. All employees would have been able to obtain medical coverage; and
  2. Employers would have been encouraged to provide fulltime positions rather than part-time ones.

The reason: Employers would feel: “Since I’m paying for fulltime insurance coverage, I should be getting fulltime work in return.”

If the President ever considered the merits of this, he apparently decided against pressing for such a requirement.

Obama is one of the most rational and educated men to occupy the White House.   So what accounts for this failure to expect the worst in people–especially his self-declared enemies–and prepare to counter it?

Niccolo Machiavelli’s brilliant assessments have repeatedly proven invaluable to understanding the failures of the Obama Presidency.  Once again, he provides a shrewd insight into what may be the central reason for all of them.

Niccolo Machiavelli

Writing in The Prince, his classic work on the realities of politics, Machiavelli states:

I also believe that he is happy whose mode of procedure accords with the needs of the times, and similarly, he is unfortunate whose mode of procedure is opposed to the times…. 

On this depend also the changes in prosperity, for if it happens that time and circumstances are favorable to one who acts with caution and prudence he will be successful.  But if time and circumstances change he will be ruined, because he does not change the mode of his procedure. 

No man can be found so prudent as to be able to adopt himself to this, either because he cannot deviate from that to which his nature disposes him, or else because having always prospered by walking in one path, he cannot persuade himself that it is well to leave it.

And therefore the cautious man, when it is time to act suddenly, does not know how to do so and is consequently ruined.  For if one could change one’s nature with time and circumstances, fortune would never change.

Obama is by nature a supreme rationalist and conciliator–not a confronter nor an attacker.  And his career before reaching the White House greatly strengthened this predisposition.

From 1985 to 1988, Obama worked as a community organizer–setting up a job training program, a college preparatory tutoring program, and a tenants’ rights organization.  Such activity demands skills in building consensus, not confrontation.

He then taught at the University of Chicago Law School for 12 years—as a Lecturer from 1992 to 1996, and as a Senior Lecturer from 1996 to 2004, teaching constitutional law.

File:Medium chicagoreflection.jpg

University of Chicago Law School

Law professors spend their time in clean, civil classrooms–far removed from the rough-and-tumble of criminal defense/prosecution.

If Obama had accused President George W. Bush of conspiring with Al Qaeda–as Republicans have repeatedly accused Obama–retribution would have been swift and brutal.

In short: Obama–who believes in reason and conciliation–is paying the price for allowing his sworn enemies to insult and obstruct him

Obama Mistake No. 6: Failing to closely study his proposed legislation.

Throughout his campaign to win support for the ACA, Obama had repeatedly promised:  “If you like your health insurance plan, you can keep your plan. Period.  If you like your doctor, you can keep your doctor.  Period.”

But, hidden in the 906 pages of the law, was a fatal catch for the President’s own credibility.

The law stated that those who already had medical insurance could keep their plans–so long as those plans met the requirements of the new healthcare law.

If their plans didn’t meet those requirements, they would have to obtain coverage that did.

It soon turned out that a great many Americans wanted to keep their current plan–even if it did not provide the fullest possible coverage.

Suddenly, the President found himself facing a PR nightmare: Charged and ridiculed as a liar.

Even Jon Stewart, who on “The Daily Show” had supported the implementation of “Obamacare,” ran footage of Obama’s “you can keep your doctor” promise.

Jon Stewart

The implication: You said we could keep our plan/doctor; since we can’t, you must be a liar.

As a result, the President now finds his reputation for integrity–long his greatest asset–shattered.

All of which takes us to the final warning offered by Niccolo Machiavelli:

Whence it may be seen that hatred is gained as much by good works as by evil…. 

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OBAMA’S SIX “OBAMACARE” MISTAKES: PART THREE (OF FOUR)

In Bureaucracy, Business, History, Law, Politics, Social commentary on August 7, 2014 at 12:42 pm

Barack Obama is one of the most highly educated Presidents to occupy the White House.

When he took office, he intended to make healthcare available to all Americans–and not just the wealthiest 1%.

President Barack Obama

But he made a series of deadly mistakes:

  • In crafting the Affordable Care Act (better known as Obamacare);
  • In building public support for it;
  • In underestimating the venom and opposition of his Republican enemies;
  • In failing to effectively counter that Right-wing venom and opposition; and
  • In underestimating the opposition of the business community to complying with the law.

Three of those mistakes have already been outlined.  Here are the remaining three.

Obama Mistake No. 4:  He allowed himself to be cowed by his enemies.

In The Prince, Machiavelli laid out the qualities that a successful ruler must possess.  There were some to be cultivated, and others to be avoided at all costs.  For example:

Niccolo Machiavelli

He is rendered despicable by being thought changeable, frivolous, effeminate, timid and irresolute—which a prince must guard against as a rock of danger…. 

[He] must contrive that his actions show grandeur, spirit, gravity and fortitude.  As to the government of his subjects, let his sentence be irrevocable, and let him adhere to his decisions so that no one may think of deceiving or cozening him.

So how has Obama fared by this standard?

On July 2, 2013, the Treasury Department issued a press release about a major change in the applicability of the Affordable Care Act:

“Over the past several months, the Administration has been engaging in a dialogue with businesses – many of which already provide health coverage for their workers – about the new employer and insurer reporting requirements under the Affordable Care Act (ACA).

“We have heard concerns about the complexity of the requirements and the need for more time to implement them effectively….We have listened to your feedback.  And we are taking action.

“The Administration is announcing that it will provide an additional year before the ACA mandatory employer and insurer reporting requirements begin.”

[Boldface in the original document.]

In short: The administration is delaying until 2015 the law’s requirement that medium and large companies provide coverage for their workers or face fines.

And how did Obama’s self-declared enemies react to this announcement?

On July 30, House Republicans voted to proceed with a lawsuit against the President, claiming that he had failed to enforce the Affordable Care Act.

“In 2013, the president changed the health care law without a vote of Congress, effectively creating his own law by literally waiving the employer mandate and the penalties for failing to comply with it,” House Speaker John A. Boehner said in a statement.

“That’s not the way our system of government was designed to work. No president should have the power to make laws on his or her own.”

John Boehner

Thus, Boehner intends to sue the President to enforce the law that the House has voted 54 times to repeal, delay or change.

Obama Mistake Nol 5:  Believing that public and private comployers would universally comply with the law.

The Affordable Care Act requires employers to provide insurance for part-time employees who work more than 30 hours per week.

Yet many government employers claim they can’t afford it–and plan to limit worker hours to 29 per week instead.  Among those states affected:

  • “Our choice was to cut the hours or give them health care, and we could not afford the latter,” Dennis Hanwell, the Republican mayor of Medina, Ohio, said in an interview with the New York Times.
  • Lawrence County, in western Pennsylvania, reduced the limit for part-time employees to 28 hours a week, from 32.
  • In Virginia, part-time state employees are generally not allowed to work more than 29 hours a week on average over a 12-month period.

President Obama and those who helped craft the Act may be surprised at what has happened.  But they shouldn’t be.

Greed-addicted officials will always seek ways to avoid complying with the law–or achieve minimum compliance with it.

And what goes for public employers goes for private ones, too.

A company isn’t penalized for failing to provide health insurance coverage for part-time employees who work fewer than 30 hours.

The result was predictable.  And its consequences are daily becoming more clear.

Increasing numbers of employers are moving fulltime workers into part-time positions–and thus avoiding

  • providing their employees with medical insurance and 
  • a fine for non-compliance with the law.

Some employers have openly shown their contempt for President Obama–and the idea that employers actually have an obligation to those who make their profits a reality.

One of these is John Schnatter, CEO of Papa John’s Pizza, who has been quoted as saying:

  1. The prices of his pizzas will go up–by eleven to fourteen cents price increase per pizza, or fifteen to twenty cents per order; and
  2. He will pass along these costs to his customers.

“If Obamacare is in fact not repealed,” Schnatter told Politico, “we will find tactics to shallow out any Obamacare costs and core strategies to pass that cost onto consumers in order to protect our shareholders’ best interests.”

After all, why should a multi-million-dollar company show any concern for those who make its profits a reality?

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OBAMA’S SIX “OBAMACARE” MISTAKES: PART TWO (OF FOUR)

In Bureaucracy, Business, History, Law, Politics, Social commentary on August 6, 2014 at 11:44 am

In The Prince, his classic treatise on Realpolitick, Niccolo Machiavelli, the Florentine statesman, warned:

“There is nothing more difficult to carry out, nor more doubtful of success, nor more dangerous to handle, than to initiate a new order of things.”

This proved exactly the case with the proposed Affordable Care Act (ACA).  Its supporters–even when they comprised a majority of the Congress–have always shown far less fervor than its opponents.

This was true before the Act became effective on March 23, 2010.  And it has remained true since, with House Republicans voting 54 times to repeal, delay or revise the law.

So before President Barack Obama launched his signature effort to reform the American medical system, he should have taken this truism into account.

Obama Mistake No. 3: Failing to consider–and punish–the venom of his political enemies.

The ancient Greeks used to say: “A man’s character is his fate.”  It is Obama’s character–and our fate–that he is by nature a conciliator, not a confronter.

Richard Wolffe chronicled Obama’s winning of the White House in his book Renegade: The Making of a President.  He noted that Obama was always more comfortable when responding to Republican attacks on his character than he was in making attacks on his enemies.

Obama came into office determined to find common ground with Republicans.  But they quickly made it clear to him that they only wanted his political destruction.

At that point, he should have put aside his hopes for a “Kumbaya moment” and re-read what Niccolo Machiavelli famously said in The Prince on the matter of love versus fear:

From this arises the question whether it is better to be loved than feared, or feared more than loved.  The reply is, that one ought to be both feared and loved, but as it is difficult for the two to go together, it is much safer to be feared than loved. 

For it may be said of men in general that they are ungrateful, voluble, dissemblers, anxious to avoid danger and covetous of gain. 

As long as you benefit them, they are entirely yours: they offer you their blood, their goods, their life and their children, when the necessity is remote.  But when it approaches, they revolt…. 

And men have less scruple in offending one who makes himself loved than one who makes himself feared; for love is held by a chain of obligations which, men being selfish, is broken whenever it serves their purpose; but fear is maintained by a dread of punishment which never fails.

Moreover, Machiavelli warns that even a well-intentioned leader can unintentionally bring on catastrophe.  This usually happens when, hoping to avoid conflict, he allows a threat to go unchecked.  Thus:

A man who who wishes to make a profession of goodness in everything must inevitably come to grief among so many who are not good.

And therefore it is necessary, for a prince, who wishes to maintain himself, to learn how not to be good, and to use this knowledge and not use it, according to the necessity of the case.

For President Obama, such a moment came in October, 2013, when House Republicans shut down the government to force Obama to scrap Obamacare.

Obama, a former attorney, heatedly denounced House Republicans for “extortion” and “blackmail.”

Unless he was exaggerating, both of these are felony offenses that are punishable under the 2001 Patriot Act and the Racketeer Influenced Corrupt Organizations (RICO) Act of 1970.

All that he needed do was to order his Attorney General, Eric Holder, to ask the FBI to investigate whether either or both of these laws have been violated.

If violations had been discovered, indictments could have quickly followed– and then prosecutions.

The results of such action can be easily predicted.

  1. Facing lengthy prison terms, those indicted Republicans would first have to lawyer-up.  That in itself would have been no small thing, since good criminal lawyers cost big bucks.
  2. Obsessed with their own personal survival, they would have found little time for engaging in more of the same thuggish behavior that got them indicted.  In fact, doing so would have only made their conviction more likely.
  3. Those Republicans who hadn’t (yet) been indicted would have realized: “I could be next.”  This would have produced a chilling effect on their willingness to engage in further acts of subversion and extortion.
  4. The effect on Right-wing Republicans would have been the same as that of President Ronald Reagan’s firing of striking air traffic controllers:  “You cross me and threaten the security of this nation at your own peril.”

It would no doubt be a long time before Republicans dared to engage in such behavior–if they ever so dared again.

So: Why didn’t the President act to punish such criminal conduct?

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OBAMA’S SIX “OBAMACARE” MISTAKES: PART ONE (OF FOUR)

In Bureaucracy, Business, History, Law, Politics, Social commentary on August 5, 2014 at 8:56 am

A majority of Americans–53%–disapprove of the Affordable Care Act (ACA), better known as Obamacare.

So says a July healthcare tracking poll of the Henry J. Kaiser Family Foundation, a non-profit organization focusing on national health issues

This is clearly a plus/minus situation for President Barack Obama.

On the positive side:  According to the Department of Health and Human Services, Obamacare enrollment has cut the number of uninsured people in the nation by 10 million.

On the negative side: Obamacare has always had weak support among the American public.  Among the reasons for this:

  • Constant Republican attacks labeling the law as “socialistic” (by which they mean “communistic”).
  • Public opposition to the individual mandate that almost everyone obtain coverage.
  • Many Americans think they can’t afford the insurance sold on the Obamacare exchanges–and don’t know that financial aid is available.

Among the poll’s findings:

  • Sixty percent of the public wants Congress to improve the Affordable Care Act, not repeal and replace it.
  • Thirty-eight percent were unaware that the Act offers consumers a choice among private health plans.
  • Less than half of those polled–47%–say they have discussed the law with friends or family.
  • Of that 47%, a majority–27%–say they’ve heard more bad than good about the law in these conversations.
  • Healthcare isn’t a top priority for Americans right now–except for medical care for veterans (71%).

Among those issues the public does rate as highly important:

  • Economy and jobs (70%)
  • Federal budget deficit (68%)
  • Education (66%)
  • Social Security (65%)
  • Illegal imigration (61%)

Click here: Kaiser Health Tracking Poll: July 2014 | The Henry J. Kaiser Family Foundation

Barack Obama is easily one of the most highly educated Presidents in United States history.

He is a graduate of Columbia University (B.A. in political science in 1983).

In 1988, he entered Harvard Law School, graduating magna cum laude–“with great honor”–in 1991.  He was selected as an editor of the Harvard Law Review at the end of his first year, and president of the journal in his second year.

President Barack Obama

He then taught constitutional law at the University of Chicago Law School for 12 years—as a Lecturer from 1992 to 1996, and as a Senior Lecturer from 1996 to 2004.

So where did he go so wrong?   Several ways:

Obama Mistake No. 1: Putting off what people wanted while concentrating on what they didn’t.

Obama started off well when he took office.  Americans had high expectations of him.

This was partly due to his being the first black elected President.  And it was partly due to the disastrous legacies of needless war and financial catastrophe left by his predecessor, George W. Bush.

Obama entered office intending to reform the American healthcare system, to make medical care available to all citizens, and not just the richest.

But that was not what the vast majority of Americans wanted him to concentrate his energies on. With the loss of 2.6 million jobs in 2008, Americans wanted Obama to find new ways to create jobs.

This was especially true for the 11.1 million unemployed, or those employed only part-time.

Jonathan Alter, who writes sympathetically about the President in The Center Holds: Obama and His Enemies, candidly states this.

But Obama chose to spend most of his first year as President pushing the Affordable Care Act (ACA)–which soon became known as Obamacare–through Congress.

The results were:

  • Those desperately seeking employment felt the President didn’t care about them.
  • The reform effort became a lightning rod for Right-wing groups like the Tea Party.
  • In 2010, a massive Rightist turnout cost the Democrats the House of Representatives, and threatened Democratic control of the Senate.

Obama Mistake No. 2: He underestimated the amount of opposition he would face to the ACA.

For all of Obama’s academic brilliance and supposed ruthlessness as a “Chicago politician,” he has displayed an incredible naivety in dealing with his political opposition.

Niccolo Machiavelli (4169-1527), the Florentine statesman and father of modern politics, could have warned him of the consequences of this–through the pages of his famous treatise on the realities of politics: The Prince.

Niccolo Machiavelli

And either Obama skipped those chapters or ignored their timeless advice for political leaders.

He should have started with Chapter Six: “Of New Dominions Which Have Been Acquired By One’s Own Arms and Ability”:

…There is nothing more difficult to carry out, nor more doubtful of success, nor more dangerous to handle, than to initiate a new order of things. 

For the reformer has enemies in all those who profit by the old order, and only lukewarm defenders in all those who would profit by the new order, this lukewarmness arising partly from fear of their adversaries, who have the laws in their favor, and partly from the incredulity of mankind, who do not truly believe in anything new until they have had actual experience of it.

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FBI DOESN’T SPELL P-O-T: PART TWO (END)

In Bureaucracy, Law, Law Enforcement, Social commentary on May 23, 2014 at 12:11 am

On November 6, 2012, Americans overwhelmingly re-elected Barack Obama as President of the United States.

And on the same date, Americans in Colorado and Washington state overwhelmingly voted to decriminalize and regulate the possession of an ounce or less of marijuana by adults over 21.

Both measures called for setting up state licensing schemes for pot growers, processors and retail stores.

But at the Federal level, marijuana remains a prohibited, Schedule 1 drug.

And in a marijuana-related decision–King v. Kentucky–the Supreme Court ruled in 2011 that police can force their way into a home without a warrant.

By an 8-1 vote, the Court upheld the warrantless search of an apartment after police smelled marijuana and feared that those inside were destroying incriminating evidence.

Police drug raid

Prior to the November 6 marijuana-legalization votes, the Obama Justice Department had issued a policy for handling states that had legalized “medical marijuana.”

This said that Federal officials should generally not use their limited resources to go after small-time users, but should investigate and prosecute large-scale trafficking organizations.

The result was increased Federal raids on marijuana dispensaries–much to the outrage of potheads and liberals.

Since the legalization of “recreational marijuana” in Colorado and Washington state, senior White House and Justice Department officials have considered taking legal action against those states to undermine their voter-approved initiatives.

The Federal Drug Enforcement Administration (DEA) in particular sees the legalization of marijuana as a direct challenge to its authority to enforce Federal anti-drug laws.

US-DrugEnforcementAdministration-Seal.svg

The agency’s official position in marijuana is as follows:

Marijuana is properly categorized under Schedule 1 of the Controlled Substances Act (CSA), 21 U.S.C. S 801, et seq. 

The clear weight of the currently available evidence supports this classification, including evidence that smoked marijuana has a high potential for abuse, has no accepted medical value in treatment in the United States, and evidence that there is a general lack of accepted safety for its use even under medical supervision.

The campaign to legitimize what is called “medical” marijuana is based on two propositions: first, that science views marijuana as medicine; and, second, that the DEA targets sick and dying people using the drug.  Neither proposition is true. 

Specifically, smoked marijuana has not withstood the rigors of science–it is not medicine, and it is not safe.  Moreover, the DEA targets criminals engaged in the cultivation and traficking of marijuana, not the sick and the dying.  This is true even in the 15 states that have approved the use of “medical” marijuana.

Click here: http://www.justice.gov/dea/docs/marijuana_position_2011.pdf

Among the DEA’s weapons: Federal asset forfeiture laws allow the Justice Department to seize properties used to facilitate violations of Federal anti-drug laws.

To increase the penalties for violating such laws, Congress amended the Comprehensive Crime Control Act of 1984.

Section 881(a)(7) authorizes the forfeiture of real property “which is used, or intended to be used, in any manner or part, to commit, or to facilitate the commission” of a felony violation of the Federal Drug Abuse Prevention and Control Act of 1970.

Congress intended that section to attack the economic power underwriting illegal drug operations.  As a result, the Justice Department can seize houses and/or land from a landowner owing to a tenant’s illegal drug activity.

This holds true even if the landlord didn’t participate in or claimed to be unaware of the drug-law violations.

Before civil forfeiture can proceed, two requirements must be met:

  • An exchange of a controlled substance; and
  • A substantial connection between the property and the illegal activity.

Once the government has proved the property was used to “facilitate” the violation of Federal anti-drug laws, seizure of the property can occur.

This usually means invoking the “innocent owner” defense: “I didn’t know or consent to what was going on.”

It’s up to the landowner to prove his innocence.  And proving a lack of knowledge and/or consent is extremely hard.

If an “affirmative” defense can’t be proved, forfeiture of the property is virtually inevitable.

The U.S. Attorney General then has the legal right to sell the forfeited property.  The profits from this sale can then be forwarded to various agencies of the United States Government.

Prosecutors and case agents think of this as a tax on criminality.

There is an additional incentive for local and State law enforcement agencies to seize properties involved in drug-law violations: They are allowed to keep some of the proceeds once the property has been sold.

Thus, financially-strapped police departments have found pursuing drug-law crimes a lucrative way to fill their own coffers.

Still, the Federal Government finds itself not only at war with marijuana-legalizing states but with itself.

President Barack Obama has claimed that the affects of marijuana are no different than those of alcohol.  But Michele Leonhart, director of the DEA, opposes legalizing marijuana as “reckless and irresponsible.”

This has reportedly led her boss–Attorney General Eric Holder–to order Leonhart to “get in line” with the administration’s efforts to legalize marijuana and lessen the penalties for people who commit federal drug crimes.

Until there is a concensus by lawmakers and citizens on what America’s policy on marijuana should be, the results will be continued tension and confusion.