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Posts Tagged ‘MUNICH CONFERENCE’

THE COSTS OF TIMIDITY: PART TWO (END)

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

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

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

RICO opens with a series of definitions of “racketeering activity” which can be prosecuted by Justice Department attorneys. Among those crimes: Extortion.

Extortion is defined as “a criminal offense which occurs when a person unlawfully obtains either money, property or services from a person(s), entity, or institution, through coercion.” 

The RICO Act defines “a pattern of racketeering activity” as “at least two acts of racketeering activity, one of which occurred after the effective date of this chapter and the last of which occurred within ten years…after the commission of a prior act of racketeering activity.” 

And if President Obama had believed that RICO was not sufficient to counter Republicans’ extortion attempts, he could have relied on the USA Patriot Act of 2001, passed in the wake of 9’11. 

In Section 802, the Act defines domestic terrorism. Among the behavior so defined: “Activities that…appear to be intended…to influence the policy of a government by intimidation or coercion [and]…occur primarily within the territorial jurisdiction of the United States.” 

U.S. Department of Justice

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

Criminally investigating and possibly indicting members of Congress would not violate the separation-of-powers principle.  Congressmen have in the past been investigated, indicted and convicted for various criminal offenses. 

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

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

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

Such indictments and prosecutions—and especially convictions—would have served notice on current and future members of Congress: The lives and fortunes of American citizens may not be held hostage to gain leverage in a political settlement.

A Cuban Missile Crisis Speech

But Obama could have stood up to Republican extortionists in another way: By urging his fellow Americans to rally to him in a moment of supreme national danger.

President John F. Kennedy did just that—successfully—during the most dangerous crisis of his administration. Addressing the Nation on October 22, 1962, Kennedy shocked his fellow citizens by revealing that the Soviet Union had installed offensive nuclear missiles in Cuba.

John F. Kennedy

Kennedy outlined a series of steps he had taken to end the crisis—most notably, a blockade of Cuba. 

Then he sought to reassure and inspire his audience: “The cost of freedom is always high, but Americans have always paid it. And one path we shall never choose, and that is the path of surrender or submission.”

President Obama could have sent that same message to the extortionists of the Republican Party—by explaining to the American people: 

  • Republicans have adopted the same my-way-or-else “negotiating” stance as Adolf Hitler.
  • Like the Nazis, they are determined to gain absolute power—or destroy the Nation they claim to love.
  • They raised the debt ceiling seven times during the eight-year Presidency of George W. Bush.
  • But now that a Democrat holds the White House, raising the debt ceiling is unacceptable.
  • Despite Republican lies, we cannot revitalize the economy by slashing taxes on the wealthy and on cash-hoarding corporations while cutting benefits for millions of average Americans.
  • We will need both tax increases and sensible entitlement cuts to regain our economic strength.

And he could have ended his speech with a direct call to action by the American people:

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

President Barack Obama addressing the Nation

We stand on the edge of economic disaster. Therefore, I am asking each of you to stand up for America tonight–by demanding the recall of the entire membership of the Republican Party.

“This is the moment when each of us must decide—whether we will survive as a Republic, or allow ruthless political fanatics to destroy what has lasted and thrived for more than 200 years.”

Instead, Obama caved in to Republican extortion demands.

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

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

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

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

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

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

THE COSTS OF TIMIDITY: PART ONE (OF TWO)

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

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

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

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

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

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

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

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

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

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

Sign of the Mafia “Black Hand”

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

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

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

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

President Obama offered to make historic cuts in the federal government and the social safety net–on which millions of Americans depend for their most basic needs.

But House Speaker John Boehner rejected that offer. He would not agree to the tax increases that Democrats wanted to impose on the wealthiest 1% as part of the bargain.

John Boehner

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

As the calendar moved ever closer to the fateful date of August 2, Republican leaders continued to insist: Any deal that includes taxes “can’t pass the House.”

One senior Republican said talks would go right up to—and maybe beyond—the brink of default.

“I think we’ll be here in August,” said Republican Representative Pete Sessions, of Texas. “We are not going to leave town until a proper deal gets done.”

President Obama had previously insisted on extending the debt ceiling through 2012. But in mid-July, he simply asked congressional leaders to review three options with their members:

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

And the Republican response?  

Said Rep. Darrell Issa, chairman of the Oversight and Government Reform Committee: “Quite frankly, [Republican] members of Congress are getting tired of what the president won’t do and what the president wants.” 

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

  1. Counter Republican extortion attempts via RICO—the Racketeer Influenced Corrupt Organization Act.
  2. Make a “Cuban Missile Crisis”-style address to the American people, seeking to rally them against a criminal threat to the fiscal security of the Nation.
  3. Cave in to Republican demands. 

Unfortunately for Obama and the Nation, he chose Number Three.

Here is how he could have applied the other two options.

Racketeer Influenced Corrupt Organizations (RICO) Act

In 1970, Congress passed the Racketeer Influenced and Corrupt Organizations (RICO) Act, Title 18, United States Code, Sections 1961-1968.

Congress’ goal was to eliminate the stranglehold of organized crime on the nation’s economy. To put it bluntly, RICO was intended to destroy the Mafia.

But in United States v. Turkette, 452 U.S. 576 (1981), the Supreme Court held that RICO applied as well to legitimate enterprises being operated in a criminal manner.

After Turkette, RICO could also be used against corporations, political protest groups, labor unions and loosely knit-groups of people.

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

FETUS FANATIC TERRORISM: PART THREE (END)

In Bureaucracy, History, Law, Politics, Social commentary on August 10, 2015 at 12:41 am

On August 1, 2011, Chris Matthews, host of MSNBC’s “Hardball,” wrapped up his program with a search for “options” to avoid another round of Republican extortion tactics:

“I want to know what steps the president [Barack Obama] ‘could’ have taken to avoid this hostage-taking [over raising the debt-ceiling].

“…Is there another way than either buckling to the Republicans or letting the government and the country crash?

“How does he use the power of the presidency, the logic, emotion and basic patriotism of the people to thwart those willing to threaten, disrupt, even possibly destroy to get their way?”

And the answer to his questions–then and now–is: Replace the law of fear with the rule of law.

As Niccolo Machiavelli, the father of modern politics, instructed future leaders in The Prince:

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Niccolo Machiavelli

“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….

I conclude, therefore, with regard to being loved and feared, that men love at their own free will, but fear at the will of the prince, and that a wise prince must rely on what is in his power and not on what is in the power of others….”

Instead, in 2011, President Barack Obama surrendered to Republican extortion demands.  As a result, the United States suffered a massive loss to its international credit rating.

But there were two other ways Obama could have stood up to Republican extortionists:

  1. Invoke the Racketeer Influenced Corrupt Organizations Act (RICO) and/or the USA Patriot Act;
  2. Rally the American people against this criminal threat to the security of the Nation.

And these remain available to him now–if only he has the courage to act.

Second Option: Calling upon the American people for their support

President John F. Kennedy did just that–successfully–during the most deadly crisis of his administration.

Addressing the Nation on October 22, 1962, Kennedy shocked his fellow citizens by revealing that the Soviet Union had placed offensive nuclear missiles in Cuba.

Related image

President John F. Kennedy

After outlining a series of steps he had taken to end the crisis, Kennedy sought to reassure and inspire his audience. His words are worth remembering today:

“The cost of freedom is always high, but Americans have always paid it. And one path we shall never choose, and that is the path of surrender or submission.”

Just as President Kennedy called on his fellow Americans for support against a foreign enemy, President Obama could rally his countrymen against an equally ruthless domestic enemy.

During such a national address, President Obama could reveal such blunt truths as:

  • Republicans have adopted the same my-way-or-else “negotiating” stance as Adolf Hitler.
  • Like the Nazis, they are determined to gain absolute power–or destroy the Nation they claim to love.
  • And, once again, they are threatening to shut down the government–and deny essential services to millions of Americans–unless they get their way.

Finally, President Obama could end his speech by directly calling for the active support of his fellow Americans. Something like this:

Related image

President Barack Obama

“My fellow Americans, I have taken an oath to ‘preserve, protect and defend the Constitution of the United States.’

“But I cannot do this on my own. As citizens of a Republic, each of us carries that burden. We must each do our part to protect the land and the liberties we love.

“Tonight, I’m asking for your help.

“We stand on the edge of economic and social disaster. Therefore, I am asking each of you to stand up for America tonight–by demanding the recall of the entire membership of the Republican Party.”

* * * * *

The 1938 Munich Conference taught an invaluable lesson in foreign affairs: Caving in to the demands of insatiable thugs leads to only more demands.

That was what British Prime Minister Neville Chamberlain learned when he sought to appease Adolf Hitler, Germany’s war-intent Fuehrer.

Neville Chamberlain greets Adolf Hitler

Chamberlain believed that by giving in to Hitler’s demands for the “German part” of Czechoslovakia known as the Sudetenland he could avoid war.

On September 29, Chamberlain and French Prime Minister Edouard Daladier met with Hitler and signed the Munich Agreement, resulting in the immediate German occupation of part of Czechoslovakia.

The Czechoslovakian government had not been a party to the talks. Their “allies” had sold them out.

In a matter of weeks, Hitler turned his attention–and demands–to Poland.

When his generals balked, warning that invading Poland would trigger a war with France and Britain, Hitler brushed aside their fears: “Our enemies are little worms.  I saw them at Munich.”

Chamberlain returned to England a hero. Holding aloft a copy of the worthless agreement he had signed with Hitler, he told cheering crowds in London: “I believe it is peace for our time.”

Winston Churchill knew better, predicting: “Britain and France had to choose between war and dishonor. They chose dishonor. They will have war.”

And so they did.

It is not too late for President Barack Obama to apply this lesson from history.

FETUS FANATIC TERRORISM: PART TWO (OF THREE)

In Bureaucracy, History, Law, Politics, Social commentary on August 7, 2015 at 8:58 am

On July 9, 2011-–Republican extortionists again threatened the Nation with financial ruin and international disgrace unless their demands were met.

President Obama had offered to make historic cuts in the Federal Government and the social safety net–on which millions of Americans depend for their most basic needs.

And the Republican response?

Said Rep. Darrell Issa, chairman of the Oversight and Government Reform Committee:“Quite frankly, [Republican] members of Congress are getting tired of what the president won’t do and what the president wants.”

Noted political analyst Chris Matthews summed up the sheer criminality of what happened within the House of Representatives.

Speaking on MSNBC’s “Hardball,” on July 28–five days before Congress reached its August 2 deadline to raise the debt-ceiling–Matthews noted:

“The first people to bow to the demands of those threatening to blow up the economy were the Republicans in the House, the leaders. The leaders did what the followers told them to do: meet the demands, hold up the country to get their way.

Chris Matthews

“Those followers didn’t win the Senate, or the Presidency, just the House.

“But by using the House they were able to hold up the entire United States government. They threatened to blow things up economically and it worked.

“They said they were willing to do that–just to get their way–not by persuasion, not by politics, not by democratic government, but by threatening the destruction of the country’s finances.

“Right. So what’s next? The power grid? Will they next time threaten to close down the country’s electricity and communications systems?”

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

  1. Counter Republican extortion attempts via RICO–the Racketeer Influenced Corrupt Organizations Act.
  2. Make a “Cuban Missile Crisis”-style address to the American people, seeking to rally them against a criminal threat to the financial security of the Nation.
  3. Cave in to Republican demands.

Unfortunately for Obama and the Nation, he chose Number Three.

The results were easily predictable: Emboldened by success, the extortionists continue to make even greater demands.

Such as those now being made: De-fund Planned Parenthood or we’ll destroy the country.

But this is a nightmare that doesn’t have to be.

There are, in fact, two ways to avoid it.

Assuming that President Obama doesn’t once again surrender to Republican extortion demands, he has two formidable weapons he can deploy:

First Option: RICO to the rescue

The Racketeer Influenced Corrupt Organizations (RICO) Act is a provision of the Organized Crime Control Act of 1970.  It authorizes prosecution for acts performed as part of an ongoing criminal organization.

It has been applied to not only the Mafia but to individuals, businesses, political protest groups, and terrorist organizations.  In short, a RICO claim can arise in almost any context.

Such as the one President Barack Obama faced in 2011 when Republicans threatened to destroy the credit rating of the United States unless their budgetary demands were met.

And such as the present case when Republicans are again threatening the security of the Nation with extortionate demands.

RICO opens with a series of definitions of “racketeering activity” which can be prosecuted by Justice Department attorneys.  Among those crimes: Extortion.

Related image

Extortion is defined as “a criminal offense which occurs when a person unlawfully obtains either money, property or services from a person(s), entity, or institution, through coercion.”

The RICO Act defines “a pattern of racketeering activity” as “at least two acts of racketeering activity, one of which occurred after the effective date of this chapter and the last of which occurred within ten years…after the commission of a prior act of racketeering activity.”

And if President Obama believes that RICO is not sufficient to deal with extortionate behavior, he can rely on the USA Patriot Act of 2001, passed in the wake of 9/11.

In Section 802, the Act defines domestic terrorism.  Among the behavior that is defined as criminal:

“Activities that…appear to be intended…to influence the policy of a government by intimidation or coercion [and]…occur primarily within the territorial jurisdiction of the United States.”

Republicans are now demanding that Democrats de-fund Planned Parenthood or be forced to shut down essential services needed by millions of Americans.

That clearly falls within the legal definition of “activities…intended…to influence the policy of a government by intimidation or coercion.”

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

President Obama can direct Attorney General Loretta E. Lynch to investigate whether Republican Congressman—and their Tea Party cohorts—have violated Federal anti-racketeering and/or anti-terrorism laws.

  • Lynch can order the FBI to conduct such an investigation.
  • If the FBI finds sufficient evidence that these laws had been violated, Holder can empanel criminal grand juries to indict those violators.

Criminally investigating and indicting members of Congress would not violate the separation-of-powers principle. Congressmen have in the past been investigated, indicted and convicted for various criminal offenses.

Such indictments and prosecutions–and especially convictions–would serve a truly cleansing function.

They would serve notice on current and future members of Congress that the safety and fortunes of American citizens may not be held hostage as part of a negotiated settlement.

FETUS FANATIC TERRORISM: PART ONE (OF THREE)

In History, Law, Law Enforcement, Politics, Social commentary on August 6, 2015 at 2:04 pm

Republicans love fetuses.

In fact, they love them so much they’re willing to shut down the Federal Government and deny vital public services to millions of their fellow Americans.

That shutdown could be coming as early as September, when Congress returns from its summer break.

The reasons are two-fold:

First, the fast-approaching 2016 Presidential election; and

Second, Republicans’ long-standing desire to de-fund Planned Parenthood (PP).

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This upcoming effort will be fueled by a highly emotional charge: That PP sells fetal tissue and organs.

Anti-abortion organizations Operation Rescue and the Center for Medical Progress recently released videos purporting to show PP officials discussing such sales.

In response, PP said that they may donate fetal tissue at the request of a patient, but that fetal organs and tissues are never sold.

Three Congressional committees are now making inquiries into PP practices.

On August 3, 2015, a Republican bill to defund PP failed to pass in the Senate.   Currently, the organization receives $528 million in Federal funding each year.

Since the 1980s, Congressional Republicans have tried to de-fund PP. Their efforts almost led to a government shutdown in 2011.

PP has consistently claimed that it does not use its Federal funding to pay for abortion services.  But anti-abortionists argue that Federal monies free up other resources that are used to provide abortions.

Abortions represent three percent of total services provided by PP, and are provided to about 10% of its clients.

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The other 97% of services are for contraception, treatment and tests for sexually transmitted diseases, cancer screenings, and other women’s health services.

Click here: Planned Parenthood

PP estimates that its contraceptive services prevent approximately 612,000 unintended pregnancies–and 291,000 abortions–annually.

According to Politico, Republican Senators plan to attach a provision to the current omnibus spending bill–which funds all Federal agencies for 2015-2016.

The provision will ban funding for all Federal agencies–unless PP’s funding is cut.

Leading the call for a government shutdown is Texas Senator Ted Cruz, who tried to de-fund PP in 2013.  That attempt led to a two-week government shutdown.

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Senator Ted Cruz

Joining Cruz are Republicans in the House and Senate—not enough to defund PP, but enough to deny vitally-needed services to millions of Americans.

The reason for the 2013 government shutdown? Republicans were enraged that millions of uninsured Americans might receive medical care on a par with that given members of the House and Senate.

It was, in short, yet another Right-wing effort to eliminate the Affordable Care Act, better-known as “Obamacare.”

So on September 20, 2013, the House of Representatives voted on a short-term government funding bill that included a provision to de-fund Obamacare.

That provision was a no-go for Senate Democrats and President Barack Obama.  When the House and Senate couldn’t reach a compromise, many functions of the Federal government shut down on Oct. 1.

The shutdown lasted for 16 days and cost the United States economy $2 to $6 billion in economic output, according to the Office of Management and Budget.

It ended when President Obama and Senate Democrats refused to submit to Republican blackmail. Medical care still remained available to millions of poor and middle-class Americans.

Republicans have repeatedly threatened to shut down the government unless their constantly escalating demands were met.

In November, 1995, Newt Gingrich, then Speaker of the House of Representatives, carried out this threat.

The official reason: Republicans objected to Democratic President Bill Clinton’s budgetary requests for funding Medicare, education, the environment and public health in the 1996 Federal budget.

The real reason: Gingrich unwisely admitted that he was angry because Clinton had put him in the back of Air Force One during a recent trip to Israel.

The shutdown proved a disaster for Republicans. Clinton was handily re-elected in 1996 and Gingrich suddenly resigned from Congress in 1998.

In April, 2011, the United States government almost shut down again over Republican demands about subsidized pap smears.

During a late-night White House meeting with President Obama and key Congressional leaders, Republican House Speaker John Boehner made this threat:

His conference would not approve funding for the government if any money were allowed to flow to Planned Parenthood through Title X legislation.

Facing an April 8 deadline, negotiators worked day and night to strike a compromise–and finally reached one.

Three months later–-on July 9, 2011-–Republican extortionists again threatened the Nation with financial ruin and international disgrace unless their demands were met.

Image result for Images of the Black Hand

Sign of The Black Hand extortion group

President Obama had offered to make historic cuts in the Federal Government and the social safety net–on which millions of Americans depend for their most basic needs.

But House Speaker John Boehner rejected that offer. He could not agree to the tax increases that Democrats wanted to impose on the wealthiest 1% as part of the bargain.

Related image

John Boehner

As the calendar moved ever closer to the fateful date of August 2, Republican leaders continued to insist: Any deal that includes taxes “can’t pass the House.”

President Obama had previously insisted on extending the debt ceiling through 2012. But in mid-July, he simply asked congressional leaders to review three options with their members:

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

And the Republican response?

TWO WAYS TO AVOID A SHUTDOWN: PART THREE (END)

In Bureaucracy, History, Law Enforcement, Politics, Social commentary on September 24, 2013 at 12:00 am

The 1938 Munich Conference taught an invaluable lesson in foreign affairs: Caving in to the demands of insatiable thugs leads to only more demands.

That was what British Prime Minister Nveille Chamberlain learned when he sought to appease Adolf Hitler, Germany’s war-intent Fuehrer.

Chamberlain believed that by giving in to Hitler’s demands for “the German part” of Czechoslavakia known as the Sudetenland he could avoid war.

On September 29, Chamberlain and French Prime Minister Edouard Daladier met with Hitler and signed the Munich Agreement, resulting in the immediate German occupation of part of Czechoslavakia.

The Czechoslovakian government had not been a party to the talks.  Their “allies” had sold them out.

Chamberlain returned to England a hero.  Holding aloft a copy of the worthless agreement he had signed with Hitler, he told cheering crowds in London: “I believe it is peace for our time.”

Winston Churchill knew better, predicting: “Britain and France had to choose between war and dishonor. They chose dishonor. They will have war.”

And so they did.

It is not too late for President Barack Obama to apply this lesson from history.

With the United States facing a disastrous government shutdown unless the President surrenders to the latest Republican extortion threats, Obama can:

  1. Invoke the Racketeer Influenced Corrupt Organizations Act (RICO) and/or the Patriot Act;
  2. Rally the American people against this criminal threat to the security of the Nation.

Second Option: Calling upon the American people for their support

President John F. Kennedy did just that–successfully–during the most deadly crisis of his administration.

Addressing the Nation on October 22, 1962, Kennedy shocked his fellow citizens by revealing that the Soviet Union had placed offensive nuclear missiles in Cuba.

After outlining a series of steps he had taken to end the crisis, Kennedy sought to reassure and inspire his audience. His words are worth remembering today:

“The path we have chosen for the present is full of hazards, as all paths are, but it is the one most consistent with our character and courage as a nation and our commitments around the world.

“The cost of freedom is always high, but Americans have always paid it. And one path we shall never choose, and that is the path of surrender or submission.”

Just as President Kennedy called on his fellow Americans for support against a foreign enemy, President  Obama can rally his countrymen against an equally ruthless domestic enemy.

During such a national address, President Obama can reveal such blunt truths as:

  • Republicans have adopted the same my-way-or-else “negotiating” stance as Adolf Hitler.
  • Like the Nazis, they are determined to gain absolute power–or destroy the Nation they claim to love.
  • They raised the debt ceiling seven times during the eight-year Presidency of George W. Bush.
  • But now that a Democrat holds the White House, raising the debt ceiling is unacceptable.
  • Despite Republican lies, we cannot revitalize the economy by slashing taxes on the wealthy and  cash-hoarding corporations while cutting benefits for millions of average Americans.
  • We will need both tax increases and sensible entitlement cuts to regain our economic strength.
  • The Affordable Health Care Act frees Americans from the greed-fueled tyranny of the insurance industry.
  • Americans who could never hope to obtain medical coverage–for themselves and their families–can now do so.

Finally, President Obama can end his speech by directly calling for the active support of his fellow Americans. Something like this:

“My fellow Americans, I have taken an oath to ‘preserve, protect and defend the Constitution of the United States.’

“But I cannot do this on my own. As citizens of a Republic, each of us carries that burden. We must each do our part to protect the land and the liberties we love.

“Tonight, I’m asking for your help.

“We stand on the edge of economic and social disaster.  Therefore, I am asking each of you to stand up for America tonight–by demanding the recall of the entire membership of the Republican Party.

“As President John F. Kennedy said:

‘In your hands, my fellow citizens, more than mine, will rest the final success or failure of our course. Since this country was founded, each generation of Americans has been summoned to give testimony to its national loyalty.’

“This is the moment when each of us must decide–whether we will survive as a Republic, or allow ruthless political fanatics to destroy what has lasted and thrived for more than 200 years.”

President Obama has taken forceful action against America’s most ruthless foreign enemies—most notably, Osama bin Laden.

If the Nation is to survive, he must now act just as forcefully against America’s most ruthless domestic enemies.

Fortunately, there is still time for him to do so. The fact that he has not done so in the past does not rule out his doing so now.

He needs to only remember–and act on–the words of another American President–Andrew Jackson–who counseled: “One man with courage makes a majority.”

TWO WAYS TO AVOID A GOVERNMENT SHUTDOWN: PART TWO (OF THREE)

In Bureaucracy, History, Law Enforcement, Politics, Social commentary on September 23, 2013 at 12:10 am

Republicans are once again playing extortion politics–threatening to shut down the government unless they get their way.

And their way means abolishing The Affordable Care Act, otherwise known as Obamacare.

But this is a nightmare that doesn’t have to be.

There are, in fact, two ways to avoid it.

Assuming that President Obama doesn’t once again surrender to Republican extortion demands, he has two formidable weapons he can deploy:

First Option: RICO to the rescue

The Racketeer Influenced Corrupt Organizations (RICO) Act is a provision of the Organized Crime Control Act of 1970.  It authorizes prosecution for acts performed as part of an ongoing criminal organization.

It has been applied to not only the Mafia but to individuals, businesses, political protest groups, and terrorist organizations.  In short, a RICO claim can arise in almost any context.

Such as the one President Barack Obama faced in 2011 when Republicans threatened to destroy the credit rating of the United States unless their budgetary demands were met.

And such as the present case when Republicans are again threatening the security of the Nation with extortionate demands.

RICO opens with a series of definitions of “racketeering activity” which can be prosecuted by Justice Department attorneys.  Among those crimes: Extortion.

Extortion is defined as “a criminal offense which occurs when a person unlawfully obtains either money, property or services from a person(s), entity, or institution, through coercion.”

The RICO Act defines “a pattern of racketeering activity” as “at least two acts of racketeering activity, one of which occurred after the effective date of this chapter and the last of which occurred within ten years…after the commission of a prior act of racketeering activity.”

And if President Obama believes that RICO is not sufficient to deal with extortionate behavior, he can rely on the USA Patriot Act of 2001, passed in the wake of 9/11.

In Section 802, the Act defines domestic terrorism.  Among the behavior that is defined as criminal:

“Activities that…appear to be intended…to influence the policy of a government by intimidation or coercion [and]…occur primarily within the territorial jurisdiction of the United States.”

Demanding that the President de-fund Obamacare or face a potentially disastrous government shutdown clearly falls within the legal definition of “activities…intended…to influence the policy of a government by intimidation or coercion.”

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

President Obama can direct Attorney General Eric Holder to investigate whether Republican Congressman—and their Tea Party cohorts—have violated Federal anti-racketeering and/or anti-terrorism laws.

  • Holder, in turn, can order the FBI to conduct such an investigation.
  • If the FBI finds sufficient evidence that these laws had been violated, Holder can empanel criminal grand juries to indict those violators.

The fact that members of Congress would be criminally investigated and possibly indicted would not violate the separation-of-powers principle.  Congressmen have in the past been investigated, indicted and convicted for various criminal offenses.

Such indictments and prosecutions–and especially convictions–would serve notice on current and future members of Congress that the lives and fortunes of American citizens may not be held hostage as part of a negotiated settlement.

On August 1, 2011, Chris Matthews, host of MSNBC’s “Hardball,” wrapped up his program with a search for “options” to avoid another round of Republican extortion tactics.

Chris Matthews

“I want to know what steps the president ‘could’ have taken to avoid this hostage-taking.

“…Is there another way than either buckling to the Republicans or letting the government and the country crash?

“How does he use the power of the presidency, the logic, emotion and basic patriotism of the people to thwart those willing to threaten, disrupt, even possibly destroy to get their way?”

The answer to his questions–then and now–is: Replace the law of fear with the rule of law.

Or, as Niccolo Machiavelli, the father of modern politics, instructed future leaders in The Prince:

I conclude, therefore, with regard to being loved and feared, that men love at their own free will, but fear at the will of the prince, and that a wise prince must rely on what is in his power and not on what is in the power of others….”

Instead, in 2011, Obama surrendered to Republican extortion demands.  As a result, the United States suffered a massive loss to its international credit rating.

But there was another way Obama could have stood up to Republican extortionists.  And it remains available to him now–if only he has the courage to act.

TWO WAYS TO AVOID A GOVERNMENT SHUTDOWN: PART ONE (OF THREE)

In Bureaucracy, History, Law Enforcement, Politics, Social commentary on September 20, 2013 at 12:15 am

Republicans are once again playing extortion politics–threatening to shut down the government unless they get their way.

And their way means abolishing The Affordable Care Act, otherwise known as Obamacare.

They’re enraged that millions of uninsured Americans might receive medical care on a par with that given members of the House and Senate.

So on September 20, the House will vote on a short-term government funding bill that will include a provision to defund Obamacare.

That provision is a no-go for Senate Democrats and President Obama.  If the House and Senate can’t work out a compromise, many functions of the federal government will be shut down indefinitely on Oct. 1.

Republicans have repeatedly threatened to shut down the government unless their constantly escalating demands were met.

In November, 1995, Newt Gingrich, then Speaker of the House of Representatives, carried out his threat. Gingrich unwisely admitted that he did so because President Bill Clinton had put him in the back of Air Force One during a recent trip to Israel.

The shutdown proved a disaster for Republicans. Clinton was handily re-elected in 1996 and Gingrich suddenly resigned from Congress in 1998.

Still, the Republicans continued their policy of my-way-or-else.  In April, 2011, the United States government almost shut down over Republican demands about subsidized pap smears.

During a late-night White House meeting with President Barack Obama and key Congressional leaders, Republican House Speaker John Boehner made this threat:

His conference would not approve funding for the government if any money were allowed to flow to Planned Parenthood through Title X legislation.

Facing an April 8 deadline, negotiators worked day and night to strike a compromise–and finally reached one.

Three months later–on July 9–Republican extortionists again threatened the Nation with financial ruin and international disgrace unless their demands were met.

esident Obama had offered to make historic cuts in the federal government and the social safety net–on which millions of Americans depend for their most basic needs.

But House Speaker John Boehner rejected that offer. He could not agree to the tax increases that Democrats wanted to impose on the wealthiest 1% as part of the bargain.

John Boehner

As the calendar moved ever closer to the fateful date of August 2, Republican leaders continued to insist: Any deal that includes taxes “can’t pass the House.”

President Obama had previously insisted on extending the debt ceiling through 2012. But in mid-July, he simply asked congressional leaders to review three options with their members:

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

And the Republican response?

Said Rep. Darrell Issa, chairman of the Oversight and Government Reform Committee: “Quite frankly, [Republican] members of Congress are getting tired of what the president won’t do and what the president wants.”

Noted political analyst Chris Matthews summed up the sheer criminality of what happened within the House of Representatives.

Speaking on MSNBC’s “Hardball,” on July 28–five days before Congress reached its August 2 deadline to raise the debt-ceiling–Matthews noted:

“The first people to bow to the demands of those threatening to blow up the economy were the Republicans in the House, the leaders. The leaders did what the followers told them to do: meet the demands, hold up the country to get their way.

“Those followers didn’t win the Senate, or the Presidency, just the House.

“But by using the House they were able to hold up the entire United States government. They threatened to blow things up economically and it worked.

“They said they were willing to do that–just to get their way–not by persuasion, not by politics, not by democratic government, but by threatening the destruction of the country’s finances.

“Right. So what’s next? The power grid? Will they next time threaten to close down the country’s electricity and communications systems?”

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

  1. Counter Republican extortion attempts via RICO–the Racketeer Influenced Corrupt Oganizations Act.
  2. Make a “Cuban Missile Crisis”-style address to the American people, seeking to rally them against a criminal threat to the financial security of the Nation.
  3. Cave in to Republican demands.

Unfortunately for Obama and the Nation, he chose Number Three.

The results were easily predictable: Emboldened by success, the extortionists continue to make even greater demands.

But this is a nightmare that doesn’t have to be.

There are, in fact, two ways to avoid it:

  1. The President can order the Justice Department to prosecute Republican extortion attempts via RICO–the Racketeer Influenced Corrupt Organizations Act.
  2. The President can make a “Cuban Missile Crisis” style address to the American people, seeking to rally them against a criminal threat to the security of the Nation.

BARGAINING WITH BULLIES – PART SIX (END)

In History, Politics, Social commentary on July 19, 2011 at 11:44 am

One man with courage makes a majority.
–Andrew Jackson

With the United States teetering on the brink of national bankruptcy, President Barack Obama must look to the past for a solution.It lies in what is arguably the greatest–and most dangerous–moment of the administration of President John F. Kennedy.

Addressing the Nation on October 22, 1962, Kennedy shocked his fellow citizens by revealing that the Soviet Union had installed offensive nuclear missiles in Cuba.

After outlining a series of steps he had taken to end the crisis, Kennedy sought to reassure and inspire his audience. His words are worth remembering today:

“The path we have chosen for the present is full of hazards, as all paths are, but it is the one most consistent with our character and courage as a nation and our commitments around the world.

“The cost of freedom is always high, but Americans have always paid it. And one path we shall never choose, and that is the path of surrender or submission.”

President Obama needs to send that message to the extortionists of the Republican Party. Like President Kennedy, he should schedule a prime-time address to the Nation. Among the truths he should bluntly reveal:

  • Republicans have adopted the same my-way-or-else “negotiating” stance as Adolf Hitler.
  • Like the Nazis, they are determined to gain absolute power–or destroy the Nation they claim to love.
  • They raised the debt ceiling seven times during the eight-year Presidency of George W. Bush.
  • But now that a Democrat holds the White House, they are, as Warren Buffett recently warned, “trying to use the incentive that we’re going to blow your brains out, America, in terms of your debt worthiness over time.”
  • Seniors, in particular, should fear Republicans—who opposed the creation of Social Security in 1935 and have longed for decades to destroy it.
  • Despite Republican lies, we cannot revitalize the economy by slashing taxes on the wealthy and on cash-hoarding corporations while cutting benefits for millions of average Americans.
  • We will need both tax increases and sensible entitlement cuts to regain our economic strength.
  • Contrary to Republican lies, we cannot starve our way to economic growth.

Finally, President Obama should end his speech by directly calling for the active support of his fellow Americans. Something like this:

“My fellow Americans, I have taken an oath to ‘preserve, protect and defend the Constitution of the United States.’

“But I cannot do this on my own. As citizens of a Republic, each of us carries that burden. We must each do our part to protect the land and the liberties we love.

“Tonight, I’m asking for your help. We stand on the edge of economic disaster.

“Therefore, I am asking each of you to stand up for America tonight–by demanding the recall of the entire membership of the Republican Party.

“As President John F. Kennedy said:

‘In your hands, my fellow citizens, more than mine, will rest the final success or failure of our course. Since this country was founded, each generation of Americans has been summoned to give testimony to its national loyalty.’

“This is the moment when each of us must decide–whether we will survive as a Republic, or allow ruthless political fanatics to destroy what has lasted and thrived for more than 200 years.”

President Obama has taken forceful action against America’s foreign enemies—most notably Osama bin Laden. If the Nation is to survive, he must now act just as forcefully against America’s domestic enemies.

In doing so, he may find history repeating itself. Joachim C. Fest, author of Hitler (l973), writes of the surprise that awaited Allied soldiers occupying Nazi Germany in 1945:

“Almost without transition, virtually from one moment to the next, Nazism vanished after the death of Hitler and the surrender….

“Hitler’s propaganda specialists had talked constantly of invincible Alpine redoubts, nests of resistance, and swelling werewolf units, and had predicted a war beyond the war. But there was no sign of this.

“Once again it became plain that National Socialism, like Fascism in general, was dependent to the core on superior force, arrogance, triumph, and by its nature had no resources in the moment of defeat.”

With luck, the same will prove true for the extortionists and blackmailers of the Republican Party.

BARGAINING WITH BULLIES – PART FIVE (OF SIX)

In History, Politics, Social commentary on July 14, 2011 at 1:51 pm

Republicans are refusing to raise the debt ceiling unless Democrats agree to massively cut social programs for the elderly, poor and disabled.

By doing so, Republicans have adopted the homicidal mindset that destroyed the Vietnamese town of Bến Tre on February 7, 1968.

Referring to the bombing and shelling of the Vietcong-occupied town–regardless of civilian casualties–an American officer said: “‘It became necessary to destroy the town to save it.”

If Congress fails to raise the borrowing limit of the federal government by August 2, the date when the U.S. will reach the limit of its borrowing abilities, it will likely begin defaulting on its loans.

This will reduce the world’s most powerful nation to the status–and credibility–of a deadbeat.

Perhaps not since 11 Southern states seceded from the Union in 1860-61, leading directly to the Civil War, has this Nation faced so great a threat to its survival.

To counter it, President Barack Obama must recognize that trying to appease tyrants brings only further demands for concessions.

British Prime Minister Neville Chamberlain learned this lesson to his undying infamy in 1938-39. By agreeing at Munich to let Nazi Germany occupy the “Sudetenland” of  Czechoslovakia, he hoped to satisfy Adolf Hitler’s insatiable demands.

Winston Churchill knew better, predicting: “Britain and France had to choose between war and dishonor. They chose dishonor. They will have war.”

Similarly, Republicans have repeatedly threatened to shut down the government unless their constantly escalating demands were met.

In November, 1995, Newt Gingrich, then Speaker of the House of Representatives, carried out his threat.  Gingrich unwisely admitted that he did so because President Bill Clinton had put him in the back of Air Force One during a recent trip to Israel.

The shutdown proved a disaster for Republicans.  Clinton was handily re-elected in 1996 and Gingrich suddenly resigned from Congress in 1998.

(A major reason for his departure: The then-twice-married Speaker feared that reporters had learned–or were about to learn–of his latest extramarital affair.

(He had viciously attacked President Bill Clinton for his affair with White House intern Monica Lewinsky.  As a self-claimed embodiment of “family values,” Gingrich couldn’t afford the leak of such damning revelations.)

Still, the Republicans continued their policy of my-way-or-else.  In April, 2011, the United States government almost shut down over Republican demands about subsidized pap smears.

During a late-night White House meeting with President Obama and key Congressional leaders, Republican House Speaker John Boehner made this threat: His conference would not approve funding for the government if any money were allowed to flow to Planned Parenthood through Title X legislation.

Facing an April 8 deadline, negotiators worked day and night to strike a compromise–and finally reached one.

Three months later–on July 9–Republicans again threatened the Nation with financial ruin and international disgrace unless their demands were met.

President Obama had offered to make historic cuts in the federal government and the social safety net–on which millions of Americans depend for their most basic needs.

But House Speaker John Boehner rejected that offer.  He could not agree to the tax increases that Democrats wanted to impose on the wealthiest 1% as part of the bargain.

As the calendar moved ever closer to the fateful date of August 2, Republican leaders continued to insist:  Any deal that includes taxes “can’t pass the House.”

One senior Republican said talks would go right up to–and maybe beyond–the brink of default.

“I think we’ll be here in August,” said Republican Representative Pete Sessions, of Texas.  “We are not going to leave town until a proper deal gets done.”

President Obama had previously insisted on extending the debt ceiling through 2012. But  in mid-July, he simply asked congressional leaders to review three options with their members:

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

And the Republican response?

Said Rep. Darrell Issa, chairman of the Oversight and Government Reform Committee: “Quite frankly, [Republican] members of Congress are getting tired of what the president won’t do and what the president wants.”

Adolf Hitler couldn’t have described his “negotiating” style any more honestly.

With the United States teetering on the brink of national bankruptcy, President Obama must look to the past for a solution.

It lies in what is arguably the greatest–and most dangerous–moment of the administration of President John F. Kennedy.

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