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Posts Tagged ‘NEGOTIATING’

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DAMNING WASHINGTON–WHILE LUSTING TO RULE IT: PART TWO (OF THREE)

In Bureaucracy, History, Law, Politics on October 3, 2013 at 12:06 am

Listen to almost any Republican and you’re almost certain to hear how much he hates and despises “Washington.”

To hear Right-wingers tell it, you might believe that “Washington” is:

  • The capitol of an enemy nation;
  • A cesspool of corrupt, power-hungry men and women slavering to gain dictatorial control over the life of every American;
  • A center of lethal contagion which, like ancient Carthage, should be burned to the ground and its inhabitants destroyed or scattered.

All that prevents “Washington” from gaining absolute power–so claim Republicans–is the Republican Party.

But others who live or work in Washington, D.C. take a far different view of their city and the duties they perform.

These men and women will never call a press conference or rake in millions in “political contributions” (i.e., legalized bribes) for promising special privileges to special interests.

Many of them work for the National Park Service.  Every national monument–and Washington is speckled with monuments–has several of these employees assigned to it.

Their duties are to protect the monuments and offer historical commentary to the public.

One such employee regularly addresses visitors to Ford’s Theater–known worldwide as the scene of President Abraham Lincoln’s assassination.

George (a pseudonym) opens his lecture by raising the question every member of the audience wants answered: How much of Ford’s Theater remains intact from the night of Lincoln’s murder–April 14, 1865?

And the answer is: Only the exterior of the building.

After Lincoln’s assassination, enraged Union soldiers converted the interior of the building into a military command center.  That meant ripping out all the seats for spectators and the stage for actors.

The stage and seats–even the “Presidential Box” where Lincoln sat–have all been reproduced for a modern audience.

As George talks, you can tell that, for him, this is no typical day job.  He realizes that, renovated or not, Ford’s Theater remains saturated with history.  And he clearly feels privileged to share that history with others.

George explains that Presidential assassin John Wilkes Booth did not sneak into the theater.  He didn’t have to–as a celebrity actor, he received the sort of favored treatment now accorded Lindsay Lohan.

Another monument where you will find Park Ranger guides is the Vietnam Veterans Memorial.

Completed in 1982, it receives about 3 million visitors a year.  Adorning the Wall, in columns that seem to reach endlessly to the sky, are the names of the 58,195 soldiers who gave their lives during the Vietnam War.

That struggle–from 1961 to 1975–proved the most divisive American conflict since the Civil War.

On the day I visited the memorial, groups of elementary schoolchildren passed by.  They were jabbering loudly, seemingly oblivious to the terrible sacrifice the Wall was meant to commemorate.

But their adult chaperones realized its significance, and ordered the children to quiet down.

I asked a nearby Park Ranger: “Do you feel people now respond differently to the Wall, as we get further away from the Vietnam war?”

“No,” he answered.  He felt that today’s visitors showed the same reverence for the monument and for the losses it had been created to honor as those who had first come in the early 1980s.

And it may well be true: I saw many tiny American flags and wreaths of flowers left at various points along the Wall, which stretches  across 250 feet of land on the Mall.

When thinking about “Washington,” it’s essential to remember that this city–along with New York City–remains at the top of Al Qaeda’s target list.

Those who choose to live and/or work here do so in the potential shadow of violent death.

Anytime you enter a Federal building, be prepared to undergo a security check.

In most agencies–such as the Department of Agriculture–you simply place your bags or purses into an X-ray machine similar to those found at airports, and walk through a magnetometer.  If no alarms sound, you collect your valuables and pass on through.

Such machines are, of course, nammed by armed security guards.  And they stand sentinel at every conceivable Federal building–such as the Supreme Court, the Department of Justice, the Smithsonian Museum, the Pentagon and the U.S. Holocaust Memorial Museum.

These men and women must daily inspect the bodies and handbags of the 15 million people who visit Washington, D.C. annually, generating $5.24 billion dollar in revenues.

This means repeating the same screening gestures countless times–looking through X-ray machines at bags or coats, and running an electronic “wand” up and down those people whose clothing gives off signs of metallic objects.

It also means projecting a smiling, friendly demeanor towards those same people–many of whom are in a rush and/or resent being electronically sniffed over.

And every security guard knows this: It’s only a matter of time before the next terrorist shows up.

On June 10, 2009, just that happened at the United States Holocaust Memorial.

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DAMING WASHINGTON–WHILE LUSTING TO RULE IT: PART ONE (OF THREE)

In Bureaucracy, History, Law, Politics on October 2, 2013 at 2:45 am

To hear many political pundits tell it,  the shutdown of the Federal Government is the result of “political dysfunction,” as if everybody in Congress were tripping on LSD.

This is not only untrue but misleading.

The truth is that the shutdown is the result of yet another ruthless attempt by Right-wing Republicans to obtain absolute power.

When they can obtain it at the ballot box, they rule as though by divine right.  When they can’t obtain it at election time, they try to obtain it through intimidation.

Thus, in 1992 and 1996, their Presidential candidates–President George H.W. Bush and Senator Bob Dole, respectively–couldn’t defeat Bill Clinton.

So Republicans mounted an inquisition into a failed land deal that occurred before Clinton was first elected President.  This investigation spanned the length of the Clinton Presidency and produced no evidence or indictments of criminal activity.

It did, however, turn up the salacious news that Clinton had actually enjoyed several instances of oral sex courtesy of a libidinous White House intern named Monica Lewinsky.

Unable to defeat Clinton at election time, and unable to find any actual criminal wrongdoing on his part, Right-wing Republicans tried to drive him out of office by impeachment.

The effort failed, and Clinton stayed in the White House until his term expired in 2001.

Then, as now, it was members of the House of Representatives who were the driving force.

Now, fast forward to the present: Republicans have made it their mission to deprive millions of Americans of health care.  They have voted 42 times to repeal or undermine the Affordable Care Act, better known as Obamacare.

And they have made its elimination the focus of their threats to shut down the government unless they get their way.

Yet, consider this: Whether they like it or not, the Affordable Care Act is now a law that was legally passed by both houses of Congress.  It has been certified as Constitutional by no less than a Republican Chief Justice of the United States Supreme Court.

Under our system of government, that’s as legal as it gets.

But Republicans don’t care about legality when they’re pursuing absolute power over the lives of their fellow Americans.

Thus, they have carried out their threat to shut down the Federal Government since they couldn’t coerce Senate Democrats into de-funding “Obamacare.”

As a result:

  • More than 800,000 federal workers have been sent home without pay;
  • National parks and monuments have been closed;
  • Some programs have been temporarily crippled–such as WIC, which provides nutritional food to poor mothers with infants; and
  • Some members of “essential services” are still required to be on duty–such as the military and Federal law enforcement agencies–but without receiving paychecks.

Of course, this disgrace didn’t have to happen.

President Obama didn’t have to cave in to the latest Republican extortion demands to prevent such a shutdown.

He could have ordered his Attorney General, Eric Holder, to launch an FBI invesdtigation into terroristic threats made by Right-wingers to shut down the government.

Both the 1970 Racketeer Influenced Corrupt Organizations (RICO) Act and the USA Patriot Act provide remedies for punishing the sort of behavior engaged in by House Republicans.

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.”

And if President Obama believed that RICO was not sufficient to deal with extortionate behavior, he could have relied on the 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.”

If the FBI had determined that Federal laws against extortion and terrorism had been broken, the Justice Department could have convened criminal grand juries to indict those Republicans found as violators.

President Obama should have authorized this investigation as soon as Republicans started making terroristic threats.  Thus, he would have served notice on his sworn enemies that he was no one to take lightly.

Knowing that they might well face indictment and prosecution for engaging in domestic terrorism would have frightened many Republicans into backing away from such behavior.

Those who persisted would have found themselves fighting desperately to stay out of prison.  They would have had to pay huge fees to top-flight criminal attorneys.

They would have lived with, first, the threat of indictments hanging over their heads, and, once those indictments were returned, with the threat of conviction and imprisonment.

As a result, they would not have had time to make destroying the Presidency of Barack Obama their Number One priority.

But Obama forfeited all those advantages when he accused Republicans of “blackmail” and then refused to legally punish them for it.

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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.”

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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.

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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.

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NEGOTIATING NAZI-REPUBLICAN STYLE: PART SEVEN (END)

In Bureaucracy, History, Politics, Social commentary on August 14, 2013 at 9:40 am

This fall, President Barack Obama faces a rerun of Republic extortion tactics.

Republicans remain determined to destroy his signature achievement–ensuring health insurance for all Americans.  As a result, major Republican leaders are urging their members to vote against any year-end government-funding bill that includes money for “Obamacare.”

Faced with such extortion demands in 2011, Obama could have faced down his enemies in two ways:

  1. Prosecuting them under the Racketeer Influenced Corrupt Organizations (RICO) Act and/or the USA Patriot Act; and/or
  2. Addressing the Nation as President John F. Kennedy did during the Cuban Missile Crisis and warning his fellow citizens that the Nation faced a moment of supreme danger.

Unfortunately, he chose to cave in to extortion and agree to the “sequester,” by which billions of dollars in Federal revenues were chopped across the board.

In Part Six of this series, I outlined how the President could apply the RICO Act and/or the USA Patriot Act to hold Republican extortionists criminally accountable.

In this part, I will outline his second option (which can be coupled with criminal prosecution).

Declare a National Crisis and Call for His Country’s Support

On October 22, 1962, President John F. Kennedy rallied his countrymen by warning them of the impending threat from a foreign enemy–Soviet nuclear missiles in Cuba.

President Obama can attain the same result–by calling on his countrymen to rally against a threat from a domestic enemy: The extortionists of the Republican Party.

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 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.

Finally, President Obama can end his speech by directly calling for the active support of his countrymen.  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.

Fortunately, there is still time for him to do so. The fact that a prosecutor chooses to not indict on one occasion doesn’t prevent him from doing so on another.

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.  It was as if National Socialism had been nothing but the motion, the state of intoxication and the catastrophe it had caused….

“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.

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NEGOTIATING NAZI-REPUBLICAN STYLE: PART SIX (OF SEVEN)

In Bureaucracy, History, Politics, Social commentary on August 13, 2013 at 12:05 am

With the United States teetering on the brink of national bankruptcy in 2011, 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.

As a result, the Nation now faces a rerun of Republican extortion tactics.

Republicans remain committed to defeating President Barack Obama’s Affordable Care Act–otherwise known as Obamacare–which provides health insurance to all Americans, and not simply the wealthiest 1%.

Republican Senators Marco Rubio of Florida, Ted Cruz of Texas and Mike Lee of Uta are urging their party to vote against any year-end bill to fund the government–unless funding is stripped from the President’s health care law.

Parts of the federal government would shut down on October 1 if Congress doesn’t approve a short-term funding bill before then.

During an August 9, 2013 press conference, Obama bluntly stated why Republicans are so determined to kill this program:

“The one unifying principle in the Republican Party at the moment is making sure that 30 million people don’t have health care and, presumably, repealing all those benefits I just mentioned — kids staying on their parents’ plan; seniors getting discounts on their prescription drugs….

“The idea that you would shut down the government unless you prevent 30 million people from getting health care is a bad idea.”

Even though President Obama refused to stand up to Republican extortion demands in 2011, he still has the opportunity to do so now.

Here is how he can do so.

Option 1: Racketeer Influenced Corrupt Organizations (RICO) Act

RICO 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 last summer when Republicans threatened to destroy the credit rating of the United States unless their budgetary demands were met.

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 deal with extortionate behavior, 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 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.”

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 could direct Attorney General Eric Holder to investigate whether actions by Republican Congressman—and their Tea Party cohorts—broke Federal anti-racketeering and/or anti-terrorism laws.
  • Holder, in turn, could order the FBI to conduct that investigation.
  • If the FBI finds sufficient evidence that these laws had been violated, Holder could 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.

Option 2: Declare a National Crisis and Call for His Country’s Support

President John F. Kennedy did just that during the most dangerous crisis of his administration–and scored victory, nationally and internationally.

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 during the Cuban Missile Crisis

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 can send that same message to the extortionists of the Republican Party.

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NEGOTIATING NAZI-REPUBLICAN STYLE: PART FIVE (OF SEVEN)

In Bureaucracy, History, Politics, Social commentary on August 12, 2013 at 12:15 am
“Those who are willing to risk everything, even death and destruction, to attain their ends will prevail over more responsible and prudent men who have more to lose and are rational, not suicidal.”
–Ernst Casier, Chairman of Philosophy, Hamburg University

U.S. House of Representatives

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.

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.

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.”

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.”

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.

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 ill-affects of organized crime on the nation’s economy. To put it bluntly, RICO was intended to destroy the Mafia.

In the 1980s, however, civil lawyers noticed section 1964(c) of the RICO Act.  This allows civil claims to be brought by anyone injured in their business or property by reason of a RICO violation.

Anyone who prevailed in a a civil RICO suit would automatically receive judgment of three times their actual damages and would be awarded their costs and attorneys’ fees.

Originally, the RICO Act was aimed at the Mafia and other organized crime syndicates.  But in United States v. Turkette, 452 U.S. 576 (1981), the Supreme Court held that RICO applied to both legitimate and illegitimate RICO enterprises.

Previously, many lower courts had tried to limit RICO to recognized “criminal” enterprises. After Turkette, RICO could also be used against corporations, political protest groups, labor unions and loosely knit-groups of people.

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NEGOTIATING NAZI-REPUBLICAN STYLE: PART FOUR (OF SEVEN)

In Bureaucracy, History, Politics, Social commentary on August 9, 2013 at 1:07 am

Adolf Hitler is dead.  But his my-way-or-else “negotiating” style lives on in today’s Republican party.

During the summer of 2011, Republicans refused to raise the debt ceiling unless Democrats agreed to massively cut social programs for the elderly, poor and disabled.

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.

And while Republicans demanded that the disadvantaged tighten their belts, they rejected any raising of taxes on their foremost constituency–the wealthiest 1%.

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

Republicans knew this argument is a lie.  And so did the editors of Time.  The difference is, the editors of Time were willing to reveal the truth.

In its June 20, 2011  cover-story on “What U.S. Economic Recovery? Five Destructive Myths,” Rana Foroohar, the magazine’s assistant managing editor in charge of economics and business, delivered this warning:

Profit-seeking corporations can’t be relied on to ”make it all better.”

Wrote Foroohar:

“There is a fundamental disconnect between the fortunes of American companies, which are doing quite well, and American workers, most of whom are earning a lower hourly wage now than they did during the recession.

“The thing is, companies make plenty of money; they just don’t spend it on workers here.

“There may be $2 trillion sitting on the balance sheets of American corporations globally, but firms show no signs of wanting to spend it in order to hire workers at home.”

Yet there is also a disconnect between the truth of this situation and the willingness of Americans to face up to that truth.

The reason:

“The Republicans have pulled off a major (some would say cynical) miracle,” writes Foroohar.

They have convinced “the majority of Americans that the way to jump-start the economy is to slash taxes on the wealthy and on cash-hoarding corporations while cutting benefits for millions of Americans.

“It’s fun-house math that can’t work. We’ll need both tax increases and sensible entitlement cuts to get back on track.

“Yet surveys show 50% of Americans think that not raising the debt ceiling is a good idea — that you can somehow starve your way to economic growth.”

How have Republicans achieved this?  By adopting the principles of propaganda laid down by no less an authority on lying than Adolf Hitler.

According to Mein Kampf-–”My Struggle”–-Hitler’s autobiography and political treatise:

  1. The great majority of a nation is ruled by sentiment rather than by sober reasoning.
  2. This sentiment, however, is not complex, but simple and consistent. It is not highly differentiated, but has only the negative and positive notions of love and hatred, right and wrong, truth and falsehood.
  3. Propaganda must not investigate the truth objectively and must present only that aspect of the truth which is favorable to its own side.
  4. The receptive powers of the masses are very restricted, and their understanding is feeble. On the other hand, they quickly forget.
  5. All effective propaganda must be confined to a few bare essentials and those must be expressed as far as possible in stereotyped formulas.
  6. These slogans should be persistently repeated until the very last individual has come to grasp the idea that has been put forward.

Following these principles, Republicans have proved hugely successful at persuading millions that truth is whatever their party claims it to be at any given moment.

“Fascism,” said author Ernest Hemingway, “is a lie told by bullies.”  Thus, when Republicans couldn’t attain their goals by lying, they sought to do so by force–or at least the threat of it.

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.

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NEGOTIATING NAZI-REPUBLICAN STYLE: PART THREE (OF SEVEN)

In Bureaucracy, History, Politics, Social commentary on August 8, 2013 at 1:00 pm

British Prime Minister Neville Chamberlain resolved to meet with Adolf Hitler, the German Fuehrer, to peacefully resolve the latest Nazi-created crisis.

Having conquered Austria, the German dictator now wanted Czechoslovakia.

And Chamberlain was determined to grant his every demand–so long as this meant avoiding a second world war.

The two European leaders met in Berchtesgaden on September 15, 1938.

Neville Chamberlain, Adolf Hitler at Munich

During their talks, Chamberlain said he had come to discuss German grievances. But, he added, it was necessary in all circumstances to exclude the use of force.

Hitler appeared to be shocked that he could be accused of such intentions: “Force? Who speaks of force?“

Then, without warning, he switched to an aggressive mode. He accused the Czechs of having mobilized their army in May. They had mobilized—in response to the mobilization of the German army.

“I shall not put up with this any longer,” shouted Hitler. “I shall settle this question in one way or another. I shall take matters in my own hands!”

Suddenly, Chamberlain seemed alarmed—and possibly angry: “If I understood you right, you are determined to proceed against Czechoslovakia in any case. If this is so, why did you let me come to Berchtesgaden?

“In the circumstances, it is best for me to return at once. Anything else now seems pointless.”

Hitler was taken aback by the unexpected show of defiance. He realized he was about to lose his chance to bully the British into accepting his latest demands.

So he softened his tone and said they should consider the Sudetenland according to the principle of self-determination.

Chamberlain said he must immediately return to England to consult with his colleagues. Hitler appeared uneasy. But then the German translator finished the sentence: “…and then meet you again.” Hitler realized he still had a chance to attain victory without going to war.

Chamberlain agreed to the cession of the Sudetenland. Three days later, French Prime Minister Edouard Daladier did the same. No Czechoslovak representative was invited to these discussions.

Chamberlain met Hitler again in Godesberg, Germany, on September 22 to confirm the agreements. But Hitler aimed to use the crisis as a pretext for war.

He now demanded not only the annexation of the Sudetenland but the immediate military occupation of the territories. This would give the Czechoslovak army no time to adapt their defense measures to the new borders.

To achieve a solution, Italian dictator Benito Mussolini suggested a conference of the major powers in Munich.

On September 29, Hitler, Daladier and Chamberlain met and agreed to Mussolini’s proposal. They signed the Munich Agreement, which accepted the immediate occupation of the Sudetenland.

The Czechoslovak government had not been a party to the talks. Nevertheless, it promised to abide by the agreement on September 30.

It actually had no choice. It faced the threat of an immediate German invasion after being deserted by its pledged allies: Britain, France and the Soviet Union.

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.”

Neville Chamberlain

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

Hitler—still planning more conquests—also knew better. In March, 1939, the German army occupied the rest of Czechoslovakia.

Chamberlain would soon be seen as a naive weakling–even before bombs started falling on London.

Hitler next turned his attention–and demands–to Poland.

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

Hitler ordered the invasion of Poland on September 1–unintentionally triggering World War II.

In time, historians and statesmen would regard Munich as an object lesson in the futility—and danger—in appeasing evil and aggression.

But for the postwar Republican party, Hitler’s my-way-or-else “negotiating” methods would become standard operating procedure.

During the summer of 2011, Republicans refused to raise the debt ceiling unless Democrats agreed to massively cut social programs for the elderly, poor and disabled.

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.

And while Republicans demanded that the disadvantaged tighten their belts, they rejected any raising of taxes on their foremost constituency–the wealthiest 1%.