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WHEN CRIMINALS SCREAM “LIBEL!”

In Business, History, Law, Medical, Politics, Social commentary on November 2, 2022 at 12:14 am

On October 3, former President Donald Trump filed a lawsuit against CNN for defamation.

Seeking $475 million in punitive damages, he charged the network with conducting a “campaign of libel and slander” against him. 

Trump is claiming that CNN had used its influence to defeat him politically.

“As a part of its concerted effort to tilt the political balance to the left, CNN has tried to taint the Plaintiff with a series of ever-more scandalous, false, and defamatory labels of ‘racist,’ ‘Russian lackey,’ ‘insurrectionist,’ and ultimately ‘Hitler,'” the lawsuit claims. 

The lawsuit focuses largely on CNN’s use of the term, “The Big Lie,” to describe Trump’s false claims that widespread voter fraud cost him the 2020 Presidential election.  

The phrase dates from Adolf Hitler’s use of it in his autobiography, Mein Kampf: People “more readily fall victims to the big lie than the small lie, since they themselves often tell small lies in little matters but would be ashamed to resort to large-scale falsehoods.”

Trump’s lawsuit claims “The Big Lie” has been used in referring to him more than 7,700 times on CNN since January, 2021.

In addition, the lawsuit cites instances where CNN compared Trump to Hitler. In a January, 2022 report, Fareed Zakaria provided footage of Germany’s dictator.

CNN.svg

So what are his odds of winning?  Far less than your own of finding loose change in sofa cushions.

First: Donald Trump is a public figure—arguably the most public figure in the world. Plaintiffs who are public figures or government officials must prove themselves victims of actual malice to collect damages. 

In the landmark case, New York Times v. Sullivan (1964) the Supreme Court declared that actual malice occurs when a statement is made “with knowledge that it was false or with reckless disregard of whether it was false or not.”

This is a more stringent standard than private citizens have to meet, which is negligence. 

Second: Truth is an absolute defense against libel (unless the plaintiff is suing for invasion of privacy).  And Trump’s history as a liar, criminal and traitor has been thoroughly established.

Liar: 

  • He created the lie that Barack Obama—whose birth certificate states unequivocally that he was born in Hawaii—was not an American citizen. The reason: To de-legitimize Obama as a Presidential candidate and President.
  • Throughout 2020, he repeatedly lied about the dangers of COVID-19—attacking medical experts who urged citizens to mask up and social distance. As a result, by the time he left office, 400,000 Americans had died of COVID. 

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Donald Trump

Criminal:

  • He has been forced to shut down his Trump Foundation and forced to pay more than $2 million in court-ordered damages to eight different charities for illegally misusing charitable funds at the Foundation for political purposes.
  • He was also forced to close his unaccredited Trump University for scamming its students. He had promised to teach them “the secrets of success” in the real estate industry—then delivered nothing. In 2016, a federal court approved a $25 million settlement with many of those students.

Traitor:

  • On July 9, 2016, high-ranking members of his Presidential campaign met at Trump Tower with at least two lobbyists who had ties to Russian dictator Vladimir Putin. The reason: To obtain “dirt” on Democratic candidate Hillary Clinton.
  • On July 27, 2016, Trump said at a press conference in Doral, Florida: “Russia, if you’re listening, I hope you are able to find the 30,000 emails that are missing [from Democratic Presidential candidate Hillary Clinton’s computer]. I think you will probably be rewarded mightily by our press.”

These incidents were nothing less than treason—inviting a foreign power, hostile to the United States, to interfere in its Presidential election.

Third—and perhaps the most important of all: In a libel suit, the plaintiff must answer—under oath—all questions put to him by the defendant’s attorneys.

Trump, better than anyone, knows the depths of his own criminality. Just as Al Capone knew his notoriety for evil would make it impossible for him to win a libel suit, so does Trump. 

On August 10, he invoked his Fifth Amendment privilege against self-incrimination nearly 450 times during a deposition at the office of New York Attorney General Letitia James, in its probe into the Trump Organization’s business practices.

He would not be allowed to do so as a litigant in a libel suit.

Wooden Judge Gavel Isolated On White Background

Moreover, he has a history of threatening to file lawsuits—and then failing to do so.

During the 2016 Presidential campaign, at least 12 women publicly accused him of sexually inappropriate behavior—if not assault. 

Trump’s reaction: “All of these liars will be sued after the election is over.”

Six years later, he has not filed a single lawsuit for defamation. 

So why has he filed a defamation suit against CNN? 

Money—not by winning an impossible lawsuit, but by raising it from his gullible and Fascistic followers.

He will claim—once again—that he’s being persecuted and that “they’re not coming after me, they’re coming after you.”

And his millions of media-hating followers will gladly pony up money they will never see again.

If he loses the lawsuit—or pulls out of it—he will claim he’s the victim of “the deep-state establishment.”

And ask his followers for even more money—which they’ll cough up.

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.

REPUBLICANS: “YOUR VAGINA IS MY BUSINESS”

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on January 23, 2019 at 12:56 am

Forty-nine years ago—on January 22, 1973—the United States Supreme Court struck down most of America’s laws banning abortion.

Its decision in Roe v. Wade marked the first time American law recognized the right of a woman to choose whether she wanted to become a mother.

Fittingly, on this date in 2019, New York Governor Andrew Cuomo signed into law the Reproductive Health Act that had just passed the Senate and Assembly. 

The law

  • Allows abortions after the 24-week mark to protect the mother’s health or in cases where the fetus won’t survive.
  • Protects doctors from prosecution by shifting abortion law from the state’s penal code to its health code.
  • Allows physician assistants, nurse practitioners and midwives to provide non-surgical abortion care.

The bill had been introduced to the Assembly in 2007 by Democratic Governor Eliot Spitzer. But it had been blocked for 11 years in the Republican-controlled State Senate.

Then, in November, 2018, Democrats overwhelmingly gained control of the Senate.

But since 1980, starting with Ronald Reagan, every “small government” Republican President has tried to force the government into the vagina of every abortion-seeking woman. 

Several factors are responsible for all this fetus fanaticism. 

First, there is an energized constituency for politicians willing to wave this red flag. Almost every major Republican Presidential candidate since Ronald Reagan has tapped into this voting bloc. And each has found plenty of votes to be gotten from it.  

Second, many fetus fanatics simply dislike women. They fear and resent the women’s movement, which has given women the right to enter the workforce and compete directly with men.

And what they hate most is the legal right of a woman to avoid becoming pregnant via birth control—or to abort the result of a male’s sperm if they do. They see this as a personal rejection.

The Right is made up overwhelmingly of white males. And many of these men would feel entirely at home with a Christianized version of the Taliban. They long for a world where women meekly cater to their every demand and believe only what their male masters approve for them to believe. 

Third, many fetus fanatics are not truly “pro-life.”  They totally oppose abortion under most—-if not all—circumstances. But they also fully support:

  • making military-style assault weapons available to nutcases;
  • capital punishment;
  • going to war for almost any reason;

Image result for Images of Remington AR-15 Bushmaster rifle

Remington AR-15 Bushmaster

  • wholesale massacres of wildlife;
  • despoiling of the environment; and
  • even nuclear war.

And many of those who fanatically defend the right of a fetus to emerge from the womb just as fanatically oppose welfare for those who can’t support that newborn.

Fourth, many fetus fanatics are “family values” hypocrites.  For example: Representative Scott DesJarlais (R-TN), an anti-abortion, “family values” doctor, had an affair with a patient and later pressured her to get an abortion. He also agreed that his wife should have two abortions.

Fifth, many fetus fanatics feel guilty about their own past sexual transgressions—especially if these resulted in pregnancy. And they want to prevent others from living the same life they did.

Some of these people are well-intentioned.  Even so, they usurp unto themselves a God-like right to intrude on the most intimate decisions for others—regardless of what those people may need or want.  

Sixth, many fetus fanatics embrace their own pas. On one hand, most of them claim they want to “get government off the backs of the people.” That usually means allowing corporations to pollute, sell dangerous products and treat their employees as slaves.

On the other hand, they want to empower State and Federal authorities to prevent women from getting an abortion—even in cases of rape, incest, or to save the life of the mother.  

Seventh, many leaders of the fetus fanatics movement are independently wealthy. This means that even if abortion could be outlawed for the vast majority, they could always bribe a willing doctor—-here or abroad—–to perform such an operation on their wife, daughter and/or mistress.  For them, there is always an escape clause.

Eighth, many fetus fanatics are “pro-life” when it comes to fetuses, but hypocritically refuse to support the needs of children from low-income families.

Ninth, many fetus fanatics believe that since their religion teaches that abortion is wrong, they have a moral duty to enforce that belief on others.

Evangelical Christians harshly condemn Muslims—such as those in Afghanistan—for segregating women, forbidding them to drive and forcing them to wear burqas—black robes covering them from head to foot.

Taliban: Islam’s version of the “Right-to-Life” movement

But while they condemn Islamics for their general intolerance of others’ religious beliefs, they lust to impose their own upon those who belong to other churches. Or who belong to no church at all.

Tenth, many fetus fanatics are just as opposed to birth control as they are to abortion. Thus, when Georgia University law student Sandra Fluke asked Congress to require insurance companies to cover birth control, Rush Limbaugh branded her a “slut” and a “prostitute.”

* * * * *

It’s time to face the blunt truth: A “Conservative Victory,” as the title of Sean Hannity’s book puts it, would impose an anti-women Taliban on America.

GIVING ADVICE SAFELY—THE MACHIAVELLI WAY

In Bureaucracy, Business, History, Military, Politics, Social commentary on August 17, 2018 at 12:15 am

Ask the average person, “What do you think of Niccolo Machiavelli?” and he’s likely to say: “The devil.” 

In fact, “The Old Nick” became an English term used to describe Satan and slander Machiavelli at the same time.

Niccolo Machiavelli

The truth, however, is more complex. Machiavelli was a passionate Republican, who spent most of his adult life in the service of his beloved city-state, Florence.

The years he spent as a diplomat were tumultuous ones for Italy—with men like Pope Julius II and Caesare Borgia vying for power and plunging Italy into one bloodbath after another. 

Florence, for all its wealth, lacked a strong army, and thus lay at the mercy of powerful enemies, such as Borgia. Machiavelli often had to use his wits to keep them at bay.

Machiavelli is best-known for his writing of The Prince, a pamphlet on the arts of gaining and holding power. Its admirers have included Benito Mussolini and Joseph Stalin.

But his longer and more thoughtful work is The Discourses, in which he offers advice on how to maintain liberty within a republic. Among its admirers were many of the men who framed the Constitution of the United States.

Most people believe that Machiavelli advocated evil for its own sake.

Not so. Rather, he recognized that sometimes there is no perfect—or perfectly good—solution to a problem. 

Sometimes it’s necessary to take stern—even brutal—action to stop an evil (such as a riot) before it becomes widespread:

“A man who wishes to make a profession of goodness in everything must inevitably come to grief among so many who are not good.  And therefore it is necessary for a prince, who wishes to maintain himself, to learn how not to be good, and to use this knowledge and not use it, according to the necessity of the case.”Related image

His counsel remains as relevant today as it did during his lifetime (1469 – 1527). This is especially  true for politicians—and students of political science.

But plenty of ordinary citizens can also benefit from the advice he has to offer—such as those in business who are asked to give advice to more powerful superiors.

Machiavelli warns there is danger in urging rulers to take a particular course of action: For men only judge of matters by the result, all the blame of failure is charged upon him who first advised it, while in case of success he receives commendations. But the reward never equals the punishment.” 

This puts would-be counselors in a difficult position: “If they do not advise what seems to them for the good of the republic or the prince, regardless of the consequences to themselves, then they fail to do their duty.  

“And if they do advise it, then it is at the risk of their position and their lives, for all men are blind in thus, that they judge of good or evil counsels only by the results.” 

Thus, Machiavelli warns that an adviser should “take things moderately, and not to undertake to advocate any enterprise with too much zeal, but to give one’s advice calmly and modestly.” 

The person who asked for the advice may follow it, or not, as of his own choice, and not because he was led or forced into it by the adviser.

Above all, the adviser must avoid the danger of urging a course of action that runs “contrary to the wishes of the many. 

“For the danger arises when your advice has caused the many to be contravened. In that case, when the result is unfortunate, they all concur in your destruction.”

Or, as President John F. Kennedy famously said after the disastrous invasion of Cuba at the Bay of Pigs in April, 1961: “Victory has a hundred fathers and defeat is an orphan.”

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John F. Kennedy

By “not advocating any enterprise with too much zeal,” the adviser gains two advantages:

“The first is, you avoid all danger.

“And the second consists in the great credit which you will have if, after having modestly advised a certain course, your counsel is rejected, and the adoption of a different course results unfortunately.”

Finally, the time to give advice is before a catastrophe occurs, not after. Machiavelli gives a vivid example of what can happen if this rule is ignored.

King Perseus of Macedon had gone to war with Paulus Aemilius—and suffered a humiliating defeat. Fleeing the battlefield with a handful of his men, he later bewailed the disaster that had overtaken him.

Suddenly, one of his lieutenants began to lecture Perseus on the many errors he had committed, which had led to his ruin.

“Traitor,” raged the king, turning upon him, “you have waited until now to tell me all this, when there is no longer any time to remedy it—” And Perseus slew him with his own hands.

Niccolo Machiavelli sums up the lesson as this:

“Thus was this man punished for having been silent when he should have spoken, and for having spoken when he should have been silent.”

Be careful that you don’t make the same mistake.

A DARK, UNSEEN ROOM: RELIGION TRUMPS LAW

In Bureaucracy, History, Law, Politics, Social commentary on May 24, 2016 at 3:08 am

Adolf Hitler had a warning for the Indiana legislators who passed the Religious Freedom Restoration Act.

A warning they should have heeded–but didn’t.

It all started on June 22, 1941.

On that date, Hitler ordered his powerful Wehrmacht to invade the Soviet Union.

Less than two years earlier, in August, 1939, he had signed a “non-aggression” pact with his longtime arch-enemy, Joseph Stalin.

Since then, his army had conquered Poland, Norway, Denmark, Holland, Belgium and France.

Adolf Hitler with his generals

Now, he believed, it was time to “settle accounts” with the Soviet Union.

Only there could Germany obtain the “living space” it “needed” for its expanding population.

So at 3 a.m. on June 22, 1941, Hitler once again launched an invasion.

At first, Hitler–no doubt like the Indiana legislators–felt giddy with excitement.

Turning to Alfred Jodl, his chief of operations of the Wehrmacht,  he said: “We have only to kick in the door and the whole rotten structure will come crashing down.”

German soldiers marching through Russia

But soon afterward–almost as if he had just looked into the future and seen that he had none–he told an aide: “At the beginning of each campaign, one pushes a door into a dark, unseen room. One can never know what is hiding inside.”

That certainly proved true for Hitler.

Within four years, he was dead and the Red Army occupied Berlin.

And now the law of unintended consequences may be coming true for Indiana.

On March 26, 2015, its governor, Mike Pence, signed into law the Religious Freedom Restoration Act.

This will allow any individual or corporation to cite its religious beliefs as a defense when sued by a private party.

Officially, its intent is to prevent the government from forcing business owners to act in ways contrary to strongly held religious beliefs.

Unofficially, its intent is to appease the hatred of gays and lesbians by the religious Right, a key constituency of the Republican party.

In short, a bakery that doesn’t want to make a cake to be used at a gay wedding or a restaurant that doesn’t want to serve lesbian patrons can legally refuse to do so.

The bill was passed overwhelmingly by both chambers of the Republican-controlled state legislature.  And signed into law by a Republican governor.

Indiana Governor Mike Pence 

“Today I signed the Religious Freedom Restoration Act, because I support the freedom of religion for every Hoosier of every faith,” Mike Pence said in a statement on the day he signed the bill.

“The Constitution of the United States and the Indiana Constitution both provide strong recognition of the freedom of religion but today, many people of faith feel their religious liberty is under attack by government action.”

Bill-signing ceremonies are usually highly public events.  Governors–and presidents–normally want their constituents to see them creating new legislation.

Yet for all his praise for the bill, Pence signed it in a ceremony closed to the public and the press.  The media were asked to leave even the waiting area of the governor’s office.

It’s almost as if Pence sensed–like Hitler–that he was about to push open “a door into a dark, unseen room.” And this may well be the case.

Through that door may soon march the First Church of Cannabis.

The day after Pence signed the Act, church founder Bill Levin announced on his Facebook page that he had filed paperwork with the office of the Indiana Secretary of State.

Its registration had been approved–and Levin was ecstatic: “Now we begin to accomplish our goals of Love, Understanding, and Good Health.

“Donate $100 or more and become a GREEN ANGEL.

“Donate $500 or more and become a GOLD ANGEL.

“Donate $1000 or more and become a CHURCH POOHBA.”

Click here: Whoops: Indiana’s Anti-Gay ‘Religious Freedom’ Act Opens the Door For the First Church of Cannabis | Alternet

And Levin had a personal comment for the governor who had made it all possible:

“Dear Mikey Pence…

“DUDE!.. keep crapping all over the state.. and I will plant a seed of LOVE, UNDERSTANDING and COMPASSION in each pile you leave.. and it will grow into a big skunky cannabis tree. Crap away Mikey.. Crap Away…”

No doubt many Indiana legislators are furious that their effort to attack gays may have brought legal marijuana to their highly conservative state.

But worse may yet come.

Since 9/11, Right-wingers such as Rush Limbaugh and Sean Hannity have warned that Muslims are trying to impose Sharia (Islamic law) on America.

And now Indiana’s legislators, in elevating religion above the law, may have pushed upon that door “into a dark, unseen room.” 

What will happen when:

  • Muslims in Indiana claim their right–guaranteed in Islamic religious law–to have as many as four wives?  
  • Muslims demand a taxpayer-funded “halal” non-pork food shelf at free food pantries for the poor? (Exactly this happened among Somali refugees in Minnesota in 2015.)
  • Muslims demand that police departments cancel counter-terrorism courses by claiming that their materials are anti-Muslim? (Exactly this happened to several police departments in Illinois.)

And when they cite the Religious Freedom Restoration Act as the basis for their demands?  

Fasten your seatbelts.  It’s going to be a bumpy nightmare.

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