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Posts Tagged ‘MARTIN LUTHER KING’

READY TO END GUN MASSACRES? HERE’S HOW.

In Bureaucracy, Business, History, Law, Law Enforcement, Politics, Social commentary on August 6, 2019 at 12:05 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

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

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.

JUDGMENT DAY FOR AMERICA’S DEATH-DEALERS: PART THREE (END)

In Bureaucracy, History, Law, Law Enforcement, Military, Politics, Social commentary on March 27, 2019 at 12:13 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

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

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?

As far back as 2012, this writer posed those questions. And offered the following solution.

But only now has a court—the Connecticut Supreme Court—made this remedy possible.

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 National Rifle Association (NRA) to risk its wrath.

Consider Republican Presidential Nominee Mitt Romney and then-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.

JUDGMENT DAY FOR AMERICA’S DEATH-DEALERS: PART TWO (OF THREE)

In Bureaucracy, History, Law, Military, Politics, Social commentary on March 26, 2019 at 12:11 am

Weapons manufacturers are the only companies in the United States that cannot be sued for the deaths and injuries their products cause.

This is because The Protection of Lawful Commerce in Arms Act, or PLCAA, immunizes the American firearms industry against lawsuits by victims of mass shootings and gun violence.

Rammed through a Republican-dominated Congress in 2005 by the National Rifle Association (NRA), it was signed into law by President George W. Bush. 

But on March 15, 2019, the Supreme Court of Connecticut ruled that families of schoolchildren gunned down in the 2012 Sandy Hook Elementary School massacre could sue Remington Outdoor Co Inc., over its marketing of military-style Bushmaster weapons to civilians.

The Court ruled that the victims’ families had the right to sue Remington under the Connecticut Unfair Trade Practices Act (CUTPA).

Among the ads that Remington ran to promote its military-style AR-15 Bushmaster rifle: 

  • “Truly the most versatile and adaptive rifle ever conceived, it was born of a collaborative effort between Bushmaster, Magpul and Remington to create the ultimate military combat weapons system.”
  • A photo of a Bushmaster with its barrel facing the reader, with the caption: “CONSIDER YOUR MAN CARD REISSUED.” 
  • A photo of a Bushmaster, alongside the slogan: “Forces of opposition, bow down. You are single-handedly outnumbered.”
  • “ONE RIFLE. MANY MISSIONS. THE REVOLUTIONARY, FULLY MODULAR REMINGTON ACR (ADAPTIVE COMBAT RIFLE).”

Image result for Images of Remington AR-15 Bushmaster rifle

Remington AR-15 Bushmaster

“The defendants knowingly marketed, advertised, and promoted the XM15-E2S for civilians to use to carry out offensive, military style combat missions against their perceived enemies,” alleges the Newtown lawsuit.

And the Justices ruled that, “such use of the XM15-E2S, or any weapon for that matter, would be illegal, and Connecticut law does not permit advertisements that promote or encourage violent, criminal behavior.

“We are confident… that, if there were credible allegations that a firearms seller had run explicit advertisements depicting and glorifying school shootings, and promoted its products in video games, such as ‘School Shooting,’ that glorify and reward such unlawful conduct, and if a troubled young man who watched those advertisements and played those games were inspired thereby to commit a terrible crime like the ones involved in the Sandy Hook massacre, then even the most ardent sponsors of PLCAA would not have wanted to bar a consumer protection lawsuit seeking to hold the supplier accountable for the injuries wrought by such unscrupulous marketing practices.”

Image result for Images of Connecticut Supreme Court Building

Connecticut Supreme Court Building

Said David Wheeler, father of a Sandy Hook victim: “There is a reason why this particular consumer product is the one that is used by people who want to inflict the most damage, and we have seen it time and time again since my son and his classmates were killed. That reason very likely potentially resides in the documents that we have been unable to look at until now.”

“The families’ goal has always been to shed light on Remington’s calculated and profit-driven strategy to expand the AR-15 market and court high-risk users, all at the expense of Americans’ safety,” said Josh Koskoff, one of the lawyers for the victims’ families, “Today’s decision is a critical step toward achieving that goal.” 

“This is a landmark and potentially historic ruling,” said Adam Winkler, a UCLA Law School professor who specializes in constitutional law. “While all this decision does is allow a case to go forward, in broader terms it really opens up a new avenue for holding gunmakers responsible.”

More importantly, the ruling could spur similar suits in other states. “This could prompt further such suits not only for cases of mass shootings, but individual ones as well,” Winkler said.

The decision by the Connecticut Supreme Court wasn’t unanimous. Three of its seven justices dissented.

The case now goes back to the lower court for further proceedings and a possible trial.

Opinion remains divided over its chances for success.

According to National Public Radio: “The suit is a high-stakes challenge to gun companies, which have rarely been held liable for crimes committed with their products, and could mark a new front in the battle over gun regulations and corporate accountability.

“An eventual ruling against Remington could establish legal precedent, opening doors for more lawsuits against gun manufacturers, and expose the company’s communications about its marketing plans.” 

Noted The Root: “While federal judges remain split on which laws apply to firearm manufacturers, Connecticut judges have drawn a line in the sand. While U.S. Supreme Court intervention on behalf of Remington is a distinct possibility, Connecticut’s decision could inspire lawmakers and lawyers to take a hard look at PLCAA.”  

“The larger implications of this are that the Connecticut Supreme Court has just blown a giant hole in the PLCAA and in federal immunity for firearms manufacturers,” said Timothy Lytton, a law professor at Georgia State University.

Lytton predicted that the United States Supreme Court would be likely to take up the case: “What we’re talking about here is the interpretation of a federal statute and that falls squarely in the jurisdiction of the [United States] Supreme Court.”

A spokeswoman for the National Rifle Association declined to comment. 

JUDGMENT DAY FOR AMERICA’S DEATH-DEALERS: PART ONE (OF THREE)

In Bureaucracy, History, Law, Law Enforcement, Military, Politics, Social commentary on March 25, 2019 at 1:38 am

It had happened before—all too often before:

  • Midnight vigils for the victims of yet another spree-killer.
  • Makeshift memorials of flowers, candles and teddy bears.
  • Grief counselors for students at elementary, junior high and high schools.
  • And, of course, the inevitable question: “Why?”

Americans had seen it all before—too many times before: 

  • After the San Ysidro McDonald’s shootings, 1984: 21 dead, 19 wounded.
  • After the 101 California Street shootings in San Francisco, 1993: 9 dead, 6 injured.
  • After the Columbine High School shootings in Colorado, 1999: 15 dead, 21 wounded.
  • After the Virginia Tech shootings, 2007: 32 dead, 23 wounded.
  • After the Tucson shooting of Rep. Gabrielle Giffords, 2011: 6 dead, 13 wounded.
  • After the massacre at the Century 16 Theater in Aurora, Colorado, 2012: 12 dead, 58 wounded.

And then, on December 14, 2012, Adam Lanza, a mentally unstable, 20-year-old gunman, shot and killed his sleeping mother, Nancy, as she lay in bed at home.

Then he drove his mother’s car to Sandy Hook Elementary School, in Newtown, Connecticut, and slaughtered 20 school children aged six and seven and six adult staff. 

His weapon of choice: A Remington AR-15 Bushmaster rifle, a semi-automatic civilian version of the U.S. military’s M-16.

A fanatical gun collector, Nancy Lanza had turned the house she shared with her son into a virtual arsenal:

  • Izhmash Saiga 12-gauge semiautomatic shotgun
  • Bushmaster Model XM15-E2S .223-caliber semiautomatic rifle
  • Glock 20 10mm semiautomatic handgun
  • Sig Sauer P226 9mm semiautomatic handgun 
  • Savage Mark II bolt-action .22-caliber rifle
  • Enfield Albian bolt-action .323-caliber rifle
  • Volcanic .22-caliber starter pistol. 

Of the firearms listed above, Lanza used the first four (italicized) to carry out the Sandy Hook massacre.  

Stockpiles of ammunition for all of these weapons were later found by police as they searched the house. 

Related image

Adam Lanza

Yet Adam Lanza’s mentally unbalanced condition should have barred him from possessing even a single firearm.

A report issued by the Office of the Child Advocate in November, 2014, noted that Lanza had Asperger’s syndrome. As a teenager he had suffered from anxiety, depression and obsessive-compulsive disorder.

The report concluded: “His severe and deteriorating internalized mental health problems…. combined with an atypical preoccupation with violence….(and) access to deadly weapons…. proved a recipe for mass murder.”

On the day of the massacre, Adam Lanza chose his firearms with care. 

He shot his defenseless mother four times in the head with a Savage Mark II .22-caliber rifle, a bolt-action firearm that can accept a 10-round magazine. But for his planned massacre at Sandy Hook, he chose semiautomatic weapons with detachable ammunition magazines. 

Of all the weapons Lanza carried to Sandy Hook, the Bushmaster XM15-E2S proved the most lethal: A semiautomatic rifle that can be equipped with 30-round magazines, which allows the shooter to cut down on the number of times he has to reload.

In the past, countless Americans had responded to the latest gun outrage with “sending thoughts and prayers.” 

But, this time, there would be a different response to this latest slaughter.

In February, 2014, nine families of the victims in the Sandy Hook massacre filed a lawsuit against the gun manufacturer, Remington Outdoor Co Inc., over its marketing of military-style Bushmaster weapons. 

In October, 2016, the Connecticut Superior Court dismissed the case based on a federal law that protects the gun industry from liability.

Rammed through a Republican-dominated Congress by the National Rifle Association (NRA), the Protection of Lawful Commerce in Arms Act, or PLCAA, was signed into law by President George W. Bush in 2005. Since then, it has armed the American firearms industry with immunity against lawsuits by victims of mass shootings and gun violence.

But on March 15, 2019, the Connecticut Supreme Court ruled that families of Sandy Hook victims could sue Remington Outdoor Co Inc.

The families asserted that Remington, along with a gun wholesaler and local retailer, were partially responsible for the carnage because they marketed the weapon based on its militaristic appeal.

For the first time in American history, victims of gun violence have won the legal right to hold gun makers accountable for the devastation caused by their products.

“The perception for the gun industry is: ‘We can’t get sued,’” said Josh Koskoff, a Connecticut attorney representing families of the Newtown massacre. “‘We can be as unethical and as wild and aggressive in the marketing as we want.’”

The families had sued Remington by citing the legal doctrine of negligent entrustment. This has been used in such cases as when someone lends a car to a high-risk driver who then causes an accident.

But the Supreme Court rejected that theory. Instead, it ruled that the families could bring their claims under the consumer protection statute. 

The court said that state unfair-trade-practices law allows anyone who’s suffered a financial loss from such activities to sue “regardless of whether they had a business relationship with the person or entity that engaged in the prohibited practice.”

“Once we accept the premise that Congress did not intend to immunize firearms suppliers who engage in truly unethical and irresponsible marketing practices promoting criminal conduct … it falls to a jury to decide whether the promotional schemes alleged in the present case rise to the level of illegal trade practices and whether fault for the tragedy can be laid at their feet,” the judges said.

STOPPING THE GUN MASSACRES

In Bureaucracy, Business, History, Law, Law Enforcement, Politics, Social commentary on February 19, 2018 at 12:19 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

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

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 Republican Presidential candidate 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 spent millions on political contributions to block gun-control legislation.

  • 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 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.

HOW TO END GUN MASSACRES

In Bureaucracy, Business, History, Law, Politics, Social commentary on October 3, 2017 at 12:02 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

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

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.

ENDING GUN MASSACRES

In Bureaucracy, Business, History, Law, Law Enforcement, Politics, Social commentary on July 25, 2017 at 12:09 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

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

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.

JFK: ONE HUNDRED YEARS LATER: PART TEN (END)

In Bureaucracy, Business, History, Law, Law Enforcement, Military, Politics, Social commentary on May 17, 2017 at 12:22 am

Fifty-three years ago, on November 22, 1963, two bullets slammed into the neck and head of President John Fitzgerald Kennedy.

It has been said that he left his country with three great legacies:

  • The Nuclear Test Ban Treaty;
  • The Apollo moon landing; and
  • The Vietnam war.

Of these, the following can be said with certainty:

  • The Test Ban Treaty has prevented atmosphereic testing–and poisoning–by almost all the world’s nuclear powers.
  • After reaching the moon–in 1969–Americans quickly lost interest in space and have today largely abandoned plans for manned exploration. For America, as for JFK, beating the Russians to the moon was the end-goal.
  • Under Presidents Lyndon Johnson and Richard Nixon, 58,000 Americans died in Vietnam; 153,303 were wounded; and billions of dollars were squandered in a hopeless effort to intervene in what was essentially a Vietnamese civil war. From 1965 to 1972, the war angrily divided Americas as had no event since the Civil War.

But there was a fourth legacy–and perhaps the most important of all: The belief that mankind could overcome its greatest challenges through rationality and perseverance.

 White House painting of JFK

At American University on June 10, 1963, Kennedy called upon his fellow Americans to re-examine the events and attitudes that had led to the Cold War. And he declared that the search for peace was by no means absurd:

“Our problems are man-made; therefore, they can be solved by man. And man can be as big as he wants. No problem of human destiny is beyond human beings.

“Man’s reason and spirit have often solved the seemingly unsolvable, and we believe they can do it again.”

Today, politicians from both parties cannot agree on solutions to even the most vital national problems.

On November 21, 2011,  the 12 members of the “Super-Committee” of Congress, tasked with finding $1.2 trillion in cuts in government spending, threw up their hands in defeat.

President Kennedy insisted on being well-informed. He speed-read several newspapers every morning and nourished personal relationships with the press-–and not for altruistic reasons. These journalistic contacts gave Kennedy additional sources of information and perspectives on national and international issues.

During the 2012 Presidential campaign, Republican Presidential candidates celebrated their ignorance of both.

Former Godfather’s Pizza CEO Herman Cain famously said, “We need a leader, not a reader.” Thus he excused his ignorance for why President Barack Obama had intervened in Libya.

Texas Governor Rick Perry (and now Secretary of Energy) showed similar pride in not knowing there are nine judges on the United States Supreme Court:

“Well, obviously, I know there are nine Supreme Court judges. I don’t know how eight came out my mouth. But the, uh, the fact is, I can tell you–I don’t have memorized all of those Supreme Court judges. And, uh, ah–

“Here’s what I do know. That when I put an individual on the Supreme Court, just like I done in Texas, ah, we got nine Supreme Court justices in Texas, ah, they will be strict constructionists….”

In short, it’s the media’s fault if they ask you a question and your answer reveals your own ignorance, stupidity or criminality. 

Sarah Palin rewrote history via “The Midnight Ride of Paul Revere”: “He warned the British that they weren’t going to be taking away our arms by ringing those bells and, um, making sure as he’s riding his horse through town to send those warning shots and bells that, uh, we were going to be secure and we were going to be free.” 

In fact, Revere wasn’t warning the British about anything. Instead, he was warning his fellow  Americans about an impending British attack–as his celebrated catchphrase “The British are coming!” made clear.

During the height of the Cuban Missile Crisis, Kennedy spoke with aides about a book he had just finished: Barbara Tuchman’s The Guns of August, about the events leading to World War 1.

He said that the book’s most important revelation was how European leaders had blindly rushed into war, without thought to the possible consequences. Kennedy told his aides he did not intend to make the same mistake–that, having read his history, he was determined to learn from it.

Republicans attacked President Obama for his Harvard education and articulate use of language. Among their taunts: “Hitler also gave good speeches.”

And they resented his having earned most of his income as a writer of two books: Dreams From My Father and The Audacity of Hope.  As if being a writer is somehow subversive.

When knowledge and literacy are attacked as “highfalutin’” arrogance, and ignorance and incoherence are embraced as sincerity, national decline lies just around the corner.

Many Americans believe that decline arrived with the 2016 election of Donald Trump. In fact, they believe it was Trump who announced it after winning the Nevada Republican primary: “We won with poorly educated. I love the poorly educated.”

In retrospect, the funeral for President Kennedy marked the death of more than a rational and optimistic human being.

It marked the death of Americans’ pride in choosing reasoning and educated citizens for their leaders.

The Eternal Flame at the grave of President John F. Kennedy

JFK: ONE HUNDRED YEARS LATER: PART NINE (OF TEN)

In Bureaucracy, Business, History, Law, Law Enforcement, Military, Politics, Social commentary on May 16, 2017 at 12:05 am

Elected to the House of Representatives in 1946, John F. Kennedy served six undistinguished years before being elected U.S. Senator from Massachusetts in 1952.

In 1956, his eloquence and political skill almost won him the Vice Presidential nomination at the Democratic National Convention. But the nominee, Adlai Stevenson, chose Tennessee Senator Estes Kefauver as his running mate–fortunately for Kennedy.

President Dwight D. Eisenhower, running for re-election, easily beat Stevenson.

Had Kennedy been on the ticket, his Catholicism would have been blamed for the loss. And this would have likely prevented his getting the Presidential nomination in 1960.

In 1957, his book, Profiles in Courage, won the Pulitzer Prize for history.

From 1957 to 1960, Kennedy laid plans for a successful Presidential race.

Many voters thought him too young and inexperienced for such high office. But he used his TV debates with then-Vice President Richard Nixon to calm such fears, transforming himself overnight into a serious contender.

Many Americans identified with Kennedy as they had with film stars. Compared with normally drab politicians, he seemed exciting and glamorous.

Since 1960, for millions of Americans, mere competence in a President isn’t enough; he should be charming and movie-star handsome as well.

Related image

John F. Kennedy after taking a swim at Santa Monica Beach, 1960

But charismatic politicians face the danger of waning enthusiasm.

Many people were growing disillusioned with Kennedy before he died. He had raised hopes that couldn’t be met–especially among blacks.

And many whites bitterly opposed his support of integration, believing that Kennedy was “moving too fast” in changing race relations.

Still, for millions of Americans, Kennedy represented a time of change.

“Let’s get this country moving again” had been his campaign slogan in 1960. He had demanded an end to the non-existent “missile gap” between the United States and Soviet Union.

And he had said that America should create full employment and re-evaluate its policies toward Africa, Latin America and Asia.

His youth, the grace and beauty of his wife and the often-reported antics of his two young children–Caroline and John–added to the atmosphere that change was under way.

But Kennedy was not so committed to reform as many believed:

  • As a Senator he had strongly opposed abolishing the Electoral College.
  • He never protested the Red-baiting tactics of Senator Joseph R. McCarthy, a frequent dinner guest at the home of his father.
  • As President, Kennedy never forgot that he had been elected by a margin of 112,881 votes. He often rationalized his refusal to tackle controversial issues by saying: “We’ll do it after I’m re-elected. So we’d better make damn sure I am re-elected.”
  • He thought the United States should recognize “Red” China, but didn’t try to change American foreign policy toward that nation.

Nevertheless, many historians believe that. by vocally supporting civil rights and healthcare for the elderly, Kennedy laid the groundwork for Lyndon Johnson’s legislative victories.

Perhaps no aspect of Kennedy’s Presidency has received closer study than his assassination.

Hundreds of books and thousands of articles have hotly debated whether he was murdered by a lone “nut” or a deadly conspiracy of powerful men.

JFK’s assassination: The moment of impact

The murder has been the subject of two government investigations. The first, by the Warren Commission in 1964, concluded that an embittered ex-Marine and Marxist, Lee Harvey Oswald, acted alone in killing Kennedy.

Similarly, the Commission determined that nightclub owner Jack Ruby had killed Oswald on impulse, and not as the result of a conspiracy.

Millions of disbelieving Americans rejected the Warren Report–and named their own villains:

  • The KGB;
  • The Mob;
  • Anti-Castro Cubans;
  • Vice President Lyndon B. Johnson;
  • Right-wing businessmen and/or military leaders;
  • Fidel Castro.

Each of these groups or persons had reason to hate Kennedy:

  • The KGB–for Kennedy’s humiliating the Soviet Union during the Cuban Missile Crisis.
  • The Mob–in retaliation for the administration’s crackdown on organized crime.
  • Anti-Castro Cubans–for JFK’s refusal to commit American military forces to overthrowing Castro at the Bay of Pigs invasion.
  • Lyndon Johnson–lusting for power, he stood to gain the most from Kennedy’s elimination.
  • Right-wing businessmen and/or military leaders–for believing that Kennedy had “sold out” the country to the Soviet Union.
  • Fidel Castro–knowing the CIA was trying to assassinate or overthrow him, he had reason to respond in kind.

The second investigation, conducted in 1977-79 by the House Assassinations Committee, determined that Oswald and a second, unknown sniper had fired at Kennedy. (Oswald was deemed the assassin; the other man’s shot had missed.)

The Chief Counsel for the Committee, G. Robert Blakey, believed New Orleans Mafia boss Carlos Marcello organized the assassination, owing to his hatred of Robert Kennedy for his war on the crime syndicates.

Still, 53 years after JFK’s assassination, no court-admissible evidence has appeared to convict anyone other than Oswald for the murder.

The impact of Kennedy’s death on popular culture remains great. Millions saw him as a brilliant, courageous hero who had worked his way to the top.

But his sudden and violent end shocked those who believed there was always a happy ending.

If so gifted–and protected–a man as John F. Kennedy could be so suddenly and brutally destroyed, no one else could depend on a secure future.

JFK: ONE HUNDRED YEARS LATER: PART EIGHT (OF TEN)

In Bureaucracy, Business, History, Law, Law Enforcement, Military, Politics, Social commentary on May 15, 2017 at 12:26 am

Throughout his life, John F. Kennedy was lucky–both personally and politically.

Part of the secret lay in his physical presence. He was young and handsome, charming and articulate.

He appeared zestful and athletic despite a series of ailments, including Addison’s disease (a malfunction of the adrenal glands) and an injured back that required the use of a brace.

His wit was sophisticated and often self-deprecating. Addressing an assembly of Nobel Prize winners at the White House, he said: “I think this is the most extraordinary collection of talent, of human knowledge, that has ever been gathered at the White House–with the possible exception of when Thomas Jefferson dined alone.”

JFK making a joke at a press conference

And his sense of humor often defused otherwise ticklish problems. During the 1960 Presidential race, he was sharply criticized for relying on his millionaire father for much of his funding. At a campaign rally, he deflected the charge with humor:

“I just received a telegram from my generous Daddy. It says: ‘Dear Jack: Don’t buy one more vote than necessary. I’ll be damned if I’m going to pay for a landslide.’”

Another controversy emerged when he named his brother, Robert, Attorney General. Critics charged that the appointment smacked of nepotism–and that Robert didn’t have enough legal gravitas to be the nation’s chief law enforcement offer.

“I see nothing wrong in giving Robert a little experience before he goes out to practice law,” he said at a press conference.

His highly-polished rhetoric–produced by wordsmiths such as Theodore Sorensen–dazzled audiences. His Inaugural Address was acclaimed by Democrats and even most Republicans.

Its signature line, “Ask not what your country can do for you, ask what you can do for your country” has become as famous as Abraham Lincoln’s “government of the people, by the people, for the people.”

His speeches often urged Americans to seek a higher cause than mere self-interest. Speaking of the role of the arts in a nation’s life, he said:

“It may be different elsewhere, but [in] democratic society…the highest duty of the writer, the composer, the artist is to remain true to himself and to let the chips fall where they may.”

Memorial at the Arlington gravesite for John F. Kennedy

But he could be blunt and profane in private.

“My father always told me all businessmen were sonsofbitches, but I never believed it till now,” he said in private when the steel companies made an inflationary price increase in 1962.

Like Richard Nixon, Kennedy installed a secret taping system in the White House. And, as with Nixon, this picked up many of his profanities. Unlike Nixon, however, Kennedy died before his secret taping system was discovered.

Kennedy impressed many journalists with his capacity for detail.

“He swallows and digests whole books in minutes.  His eye seizes instantly on the crucial point of a long memorandum. He confounds experts with superior knowledge of their field,” wrote Games McGregor Burns in 1961.

Having briefly worked as a journalist (covering the opening of the United Nations Assembly in 1945) JFK understood and catered to the sensitivities of the Washington press corps.

Using charm, wit, candor and selective accessibility, he cultivated his own favored group of reporters. Critics charged that he was manipulating the media–and they were right.

Sometimes the manipulation was heavy-handed. He pressured The New York Times to censor its coverage of actions he intended to take–such as during the Bay of Pigs and the Cuban Missile Crisis.

But he failed to coerce the Times to remove David Halberstam, its Vietnam correspondent, whose highly critical articles cast doubt on the effectiveness of the American military commitment to Vietnam.

A major part of Kennedy’s appeal lay in his glamorous background. He was born–on May 29, 1917–into a large, robust family headed by wealthy and powerful financier Joseph P. Kennedy.

He attended Princeton and Harvard, graduating from the latter with top honors.

During World War II he became a Naval hero in 1943 after a Japanese destroyer sliced his PT boat in half–by towing an injured shipmate to safety on a South Pacific island. From there, Kennedy persuaded a native to summon rescue help from the U.S. Navy.

Kennedy had no plans for a postwar political career. That had been assigned to his elder brother, Joseph P. Kennedy, Jr., by their ambitious father, who was determined to seat the first Irish Catholic President.

After learning of his younger brother’s heroism, Joseph volunteered for a dangerous Naval bombing mission. On August 12, 1944, he and a co-pilot flew an explosives-laden plane from England toward France.

While over the English Channel, they were supposed to parachute from the aircraft–after activating a remote control system to send the plane crashing into a German command center.

But the plane mysteriously exploded before the pilots could eject–and before the plane reached its target.

The death of his elder brother ended John F. Kennedy’s plans for a career as a writer. Joseph Kennedy, Sr., insisted that “Jack” assume the political career that the Kennedy patriarch had assigned for his dead brother.

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