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“TEFLON DON” MEETS “TEFLON PRESIDENT”: PART TWO (END)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on May 2, 2023 at 12:06 am

Donald Trump shares more than a few striking similarities with John Gotti, who, for five years, ruled as the boss of the most powerful Mafia family in the United States: The Gambino Family.  

Among those similarities: A complete lack of loyalty to anyone. 

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Donald Trump

Unknowingly speaking into an FBI electronic bug, Gotti charged that Sammy “The Bull” Gravano, his underboss, or second-in command, was too greedy. He also blamed him for the murders of three Mafiosi whom Gotti had ordered hit.

When Gravano learned of these slanders at a pretrial hearing, he agreed to testify against Gotti and other Mafiosi in exchange for a five-year prison sentence. 

And just as Gotti’s disloyalty ultimately destroyed him, the same may prove true for Trump.

Consider the case of attorney Michael Cohen. 

  • An executive of the Trump Organization, Cohen acted as “Trump’s pit bull.” “If somebody does something Mr. Trump doesn’t like,” he told ABC News in 2011, “I do everything in my power to resolve it to Mr. Trump’s benefit.”
  • In 2015, a reporter for The Daily Beast asked Cohen about Ivana Trump’s charge (later recanted) that Trump had raped her while they were married. Cohen: “I’m warning you, tread very fucking lightly, because what I’m going to do to you is going to be fucking disgusting.”
  • In 2016, while Trump was running for President, Cohen acted as the go-between for a $130,000 hush-money payoff to porn star Stormy Daniels. The reason: To prevent her from revealing a 2006 tryst she had had with Trump.  

Cohen wasn’t just Trump’s lawyer. He was his fixer, a man who made problems “go away” with threats and bribes. He knows many—if not most—of Trump’s darkest secrets.

In April 2018, the United States Attorney for the Southern District of New York began investigating Cohen. Charges included bank fraud, wire fraud and violations of campaign finance law.

Trump executive Michael Cohen 012 (5506031001) (cropped).jpg

Michael Cohen

By IowaPolitics.com (Trump executive Michael Cohen 012) [CC BY-SA 2.0 (https://creativecommons.org/licenses/by-sa/2.0)%5D, via Wikimedia Commons

On April 9, 2018, the FBI, executing a federal search warrant, raided Cohen’s office at the law firm of Squire Patton Boggs, as well as his home and his hotel room in the Loews Regency Hotel in New York City. Agents seized emails, tax and business records and recordings of phone conversations that Cohen had made.

Trump’s response: “Michael Cohen only handled a tiny, tiny fraction of my legal work.”  

Thus Trump undermined the argument of Cohen’s lawyers that he was the President’s personal attorney—and therefore everything Cohen did was protected by attorney-client privilege. 

An April 19, 2018 headline in Esquire magazine warned: “If the Water is Rising, Donald Trump Will Throw You Overboard.” 

The article read in part: 

“No matter how long or how intimately you’ve known Donald Trump, you’re one news cycle away from being tossed overboard….

“An old friend becomes a needy acquaintance; a campaign chairman becomes someone you got from the temp agency; a national security adviser becomes a ‘volunteer.’” 

On August 21, 2018, Cohen pleaded guilty to eight criminal charges: five counts of tax evasion, one count of making false statements to a financial institution, one count of willfully causing an unlawful corporate contribution, and one count of making an excessive campaign contribution at the request of a candidate (Trump) for the “principal purpose of influencing [the] election.” 

On December 12, 2018, Cohen was sentenced to three years in federal prison and ordered to pay a $50,000 fine after pleading guilty to tax evasion and campaign-finance violations. On February 26, 2019, he was disbarred from practicing law in New York by the New York Supreme Court.

Cohen reported to the federal prison near Otisville, New York, on May 6, 2019. But he was released from Otisville on July 24, 2020, due to concerns about the spreading COVID-19 virus. He would serve the rest of his sentence under house arrest.

Cohen has been quick to return Trump’s disloyalty. He has:

  • Cooperated with Manhattan District Attorney Alvin Bragg’s investigation of Trump’s hush money payoff to Stormy Daniels;
  • Shared information with New York Attorney General Letitia James, who is investigating the Trump Organization for potential financial fraud; and
  • Testified before the House Intelligence Committee, the House Oversight Committee and the Senate Intelligence Committee. 

He described Trump as a “racist,” a “con man”, and a “cheat.” Expressing remorse for what he had done for Trump, he accused him of:

  • Reimbursing him for illegal hush money payments;
  • Telling him to lie to Congress and the public about the Trump Tower Moscow negotiations; and
  • Filing false financial statements with banks and insurance companies. 

Trump is now facing multiple investigations at local, state and federal levels—any one of which could result in a felony conviction.

His approach when dealing with adversaries has always been bribery or intimidation. But when he meets an opponent who can’t be bought or bullied, he retreats into sulking and self-pitying rants.

Trump has survived investigations for years. And he may survive several—or all—of these.

But even if he escapes conviction, he will spend years—and huge sums of money—fighting off prosecutors and plaintiffs’ attorneys.

For a man in his mid-70s, that cannot be a happy prospect.

“TEFLON DON” MEETS “TEFLON PRESIDENT”: PART ONE (OF TWO)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on May 1, 2023 at 2:00 am

On December 11, 1990, FBI agents and NYPD detectives raided the Ravenite Social Club in Manhattan.        

They had arrest warrants for John Gotti, boss of the Gambino Mafia Family, and his two lieutenants: Sammy “The Bull” Gravano, his underboss, or second-in-command, and Frankie Locascio, his Consigliere, or adviser.

Gotti had become boss of the Gambino Family in December, 1985—by arranging the execution of its then-boss, Paul “Big Paul” Castellano, on December 16.

Since then, he had moved his headquarters from Queens to the Ravenite. And, like a king holding court, he had ordered all of his captains to report to him at the Ravenite once a week.  

Word quickly reached the FBI—and agents in vans shot video as they staked out Prince Street. 

Gotti had handed the FBI a mob organization chart.

Seal of the Federal Bureau of Investigation.svg

FBI Seal

It was only a matter of time before the FBI’s Technical Surveillance Squad (TSS) breached the security of the Ravenite. 

In 1989, the TSS planted a hidden microphone in an apartment above the Ravenite where Gotti held his secret meetings. Tape recorders were running when he bragged that he had ordered three murders—and was running a criminal enterprise: The Gambino Mafia Family.

When he wasn’t bragging, Gotti was badmouthing virtually everyone—past and present—in the Mafia: Paul Castellano, Carlo Gambino, Vincent “The Chins” Gigante. And, most fatally, his own underboss: Sammy “The Bull” Gravano.

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John Gotti

On December 12, 1989, the electronic bug picked up the following conversation between Gotti and his Consigliere, or adviser, Frankie Locascio. 

The subject: The murders of three former Gambino Family mobsters: Robert “Deebee” DiBernardo, Louis Milito and Louis DiBono.  

DiBernardo had been murdered over Gravano’s objections. A fellow mobster had told Gotti that DiBernardo had made “subversive” comments behind Gotti’s back.

But that wasn’t the way Gotti told it.

GOTTI: “Deebee, did he ever talk subversive to you?”

LOCASCIO: “Never.”

GOTTI: “Never talked it to Angelo, never talked it to [Joseph Armone] either. I took Sammy’s word that he talked about me behind my back….I was in jail when I whacked him. I knew why it was being done. I done it anyway. I allowed it to be done anyway.”

Next Gotti focused on the murders of Louis Milito and Louis DiBono. Milito had been “whacked” for questioning Gotti’s judgment. And DiBono had been hit because he refused to answer a Gotti summons

But Gotti was determined to lay the blame on Gravano. He claimed that both men had been killed because Gravano had asked for permission to remove his business partners.

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Sammy “The Bull” Gravano

GOTTI: “Every time we get a partner that don’t agree with us, we kill him. [The] boss kills him. He kills him. He okays it. Says it’s all right, good.” 

And there was more: Gotti accused Gravano of excessive greed—and hoarding money for himself at the expense of the Family. 

GOTTI: “That’s Sammy….Every fucking time I turn around there’s a new company poppin’ up. Building. Consulting. Concrete.  Where the hell did all these new companies come from?  Where did five new companies come from? 

“Paul [Castellano, the Gambino Family’s previous boss] sold the Family out for a fucking construction company. And that’s what Sammy’s doing now. Three, four guys will wind up with every fuckin’ thing. And the rest of the Family looks like waste.” 

He accused Gravano of creating “a fuckin’ army inside an army,” adding: “You know what I’m saying, Frankie? I saw that shit and I don’t need that shit.” 

Gotti’s effort to rewrite history soon came back to haunt him.

At a pretrial hearing following the arrests of Gotti, Gravano and Locascio, prosecutors played the FBI’s tapes of Gotti’s unintended confessions—including his badmouthing of Gravano. 

Gravano suddenly realized that his future in the Mafia was nil. 

Gravano, Gotti and Locascio were all facing life imprisonment as targets of RICO—the Racketeer Influenced Corrupt Organizations Act.

And if the Feds didn’t send him to prison, mob gunmen—sent by Gotti—would eventually get him. Gotti clearly planned to make him the fall guy—in court or in a coffin—for murders that Gotti himself had ordered

Only John Gotti was shocked when Gravano agreed to testify against him—and other Mafiosi—in exchange for a five-year prison sentence.

Gravano, as Gotti’s second-in-command, had literally been at the seat of power for five years.  He knew the secrets of the Gambino Family—and the other four Mafia families who ruled New York.

On April 2, 1992, a jury convicted Gotti of five murders, conspiracy to murder, loansharking, illegal gambling, obstruction of justice, bribery and tax evasion. He drew a life sentence, without possibility of parole.  

Gotti was incarcerated at the United States Penitentiary at Marion, Illinois, in virtual solitary confinement. He died of throat cancer on June 10, 2002, at the age of 61.    

Donald Trump resembles his fellow New Yorker, John Gotti, in more ways than he would like to admit: In his greed, arrogance, egomania, love of publicity and vindictiveness. 

So far, he has survived his lifelong hubris. But he may not survive his lifelong dedication to “looking out for Number One.”

TRUMP: “LIBELED” BY THE TRUTH

In Business, History, Law, Medical, Politics, Social commentary on March 20, 2023 at 12:13 am

On October 3, 2022, 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, 2022, 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.

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. 

Related image

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.

THE NRA: FACING JUDGMENT FOR THE LEAST OF ITS CRIMES

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on August 18, 2020 at 1:20 am

On August 6, New York Attorney General Letitia James gave the National Rifle Association (NRA) an unprecedented broadside. 

“The NRA’s influence has been so powerful that the organization went unchecked for decades while top executives funneled millions into their own pockets,” James outlined in a news release.

And she assailed the organization’s leadership for creating “a culture of self-dealing mismanagement” benefiting themselves, family, friends and favored vendors.

As a result, the NRA had lost more than $63 million in three years.

James’ office filed the suit on August 6 in New York Supreme Court. In it, she accuses the following NRA leaders of corruption and misuse of funds:

  • CEO and Executive Vice President Wayne LaPierre;
  • General Counsel and Secretary John Frazer;
  • Former Chief Financial Officer Wilson “Woody” Phillips; and
  • Former Chief of Staff and Executive Director of General Operations Josh Powell. 

Wayne LaPierre

The lawsuit accuses these officials of:

  • Violating multiple laws including false reporting of annual filings with the IRS and New York’s charities bureau
  • Improperly documenting expenses, improper wage and income tax reporting and
  • Excessively paying people for work for which they were not qualified.

The NRA is headquartered in the Northern Virginia suburbs outside Washington, D.C. But it has operated as a New York-registered 501(c)(4) non-profit group since 1871. 

As a charitable organization, the NRA faces strict state and federal rules governing spending. The alleged violation of many of those rules gives James’ office legal jurisdiction for bringing the lawsuit.

The NRA has long been one of the nation’s most powerful special interest groups. It has dominated Republican politics for decades. With a reported five million members across the country, it claims as its mission the defense of the Second Amendment right to bear arms.

The NRA claims that its mission stems from the Second Amendment to the United States Constitution, which states: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

NRA members conveniently ignore the first half of that sentence about “a well regulated Militia….”  They simply want everyone to own a gun—and contribute to the NRA.

The charges now facing the NRA are not the ones for which it truly deserves indictment.

For decades, the NRA has been the death-dealer of choice to criminals and terrorists. In its wake lie the bullet-torn, bloodstained bodies of countless Americans from coast to coast.

According to the non-profit organization, Brady: United Against Gun Violence: 

Every year, 114,328 people are shot. Among those:

  • 37,603 people die from gun violence
  • 13,380 are murdered 
  • 76,725 people survive gunshot injuries 
  • 34,566 are intentionally shot by someone else 
  • 22,926 died from gun suicide 
  • 3,554 survive an attempted gun suicide 
  • 478 are killed unintentionally 
  • 510 are killed by legal intervention 
  • 1,376 are shot by legal intervention
  •  310 die but the intent was unknown 
  • 4,471 are shot but the intent is unknown 
  • 529 women are killed by their husband or male dating partner

Gun Violence is estimated to cost the American economy at least $229 billion every year.

Among the NRA’s “contributions” to this carnage:

  • 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.
  • It championed the marketing of Teflon-coated “cop killer” bullets capable of piercing the bulletproof vests worn by police officers and targets of assassination.
  • The NRA opposes  removing firearms from violent individuals under active restraining orders for domestic abuse.

  • 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 rammed through a Republican-dominated Congress the Protection of Lawful Commerce in Arms Act, (PLCAA). It was signed into law by President George W. Bush in 2005. This has armed the American firearms industry with immunity against lawsuits by victims of mass shootings and gun violence. 

  • 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.”
  • In 2012, the NRA rushed to defend accused murderer George Zimmerman, the self-appointed “community watchman” who  ignored police orders to stop following 17-year-old Trayvon Martin and ultimately shot him. 
  • 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.

  • Anyone–including convicted criminals—can buy the NRA’s “hide-a-gun” sweatshirts, putting both the public and law enforcers at deadly risk.
  • Firearms made indiscriminately available through NRA lobbying have filled hospitals with casualties, and have thus badly strained the states’ public healthcare systems. 

The NRA’s leaders—past and present—will never be criminally indicted for the carnage their greed and irresponsibility have unleashed.

But the effort by New York Attorney General Letitia James to dissolve the NRA is at least a welcome step in the right direction.

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