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Posts Tagged ‘NICCOLO MACHIAVELLI’

KGO AIRWAYS: PART FOUR (OF EIGHT)

In Bureaucracy, Business, Law, Self-Help on December 10, 2013 at 12:44 am

The concept of “consumer rights” has not yet reached the airline industry.

Under Federal law, as enforced by the Federal Aviation Administration, airline passengers have only the following guaranteed rights:

If your flight is delayed (such as by bad weather) and you’re stuck on the tarnac:

  • Tarnac delays cannot exceed three hours. You can leave the plane if you choose after that.
  • Food and water must be available after the plane has been stuck on the tarnac for two hours.
  • The airline must service toilets, keep air conditioning on, and keep trash cans clean.

In addition, the U.S. government mandates these “rights” for air travelers:

  1. Compensation when you’re bumped due to overbooking –and for no other reason.
  2. An airline must accept lost/damaged baggage liability up to $3,000 in depreciated value per passenger for a domestic flight (limits on international flights are either about $1,700 or $635, depending on which rule applies).

Beyond those, all you can claim is what’s in each airline’s “contract of carriage.” Those contracts are–naturally–heavily biased toward airlines, not customers.

Given that the law–and the Congressmen who create it–is still largely owned by the airlines, you, as a customer, are forced to make do with the weapons at hand.

These essentially boil down to two:

  1. Threatening the airlines with bad publicity; and
  2. Threatening the airlines with a private or class-action lawsuit.

In both cases, it’s best to first contact the highest-ranking officials in the airline company.

There are two reasons for this:

  1. They have the most to lose, and
  2. They have the power to redress your complaint.

You can try to reach the CEO or one of his assistants during the time of the incident.  But, most likely, this will happen afterwards.

If a mini-Hitler of an airline steward decides to eject you because s/he doesn’t like your clothes or request for help, there’s nothing you can do about it.

If you physically resist, you will almost certainly be arrested and charged with some version of domestic terrorism.  You’ll be shipped off to jail and forced to defend yourself against the bogus charge.

Even if the authorities decide to not prosecute, you’ll have to spend at least several hundred dollars on legal representation.

And, of course, the airlines won’t care.  They won’t be spending a dime on your prosecution–that will be paid for by the local U.S. Attorney’s (federal prosecutor’s) office.

Niccolo Machiavelli, the father of political science, wisely advised in The Prince:

A prince…must imitate the fox and the lion, for the lion cannot protect himself from traps, and the fox cannot defend himself from wolves. 

“One must therefore be a fox to avoid traps, and a lion to frighten wolves.”

This is definitely the time to take on the trappings of a fox.  However painful it is to swallow the insult at the time it’s given, don’t give the airlines an excuse to have you arrested.

Take your revenge afterward.  That’s what musician Dave Carroll did.

Carroll alleged that, in 2008, he and fellow passengers saw United Airlines’ baggage-handling crew throwing guitars on the tarmac in Chicago O’Hare.

He arrived at Omaha, Nebraska, his destination to discover that the neck of his $3,500 Taylor guitar had been broken.

Carroll complained to three United employees, but they proved indifferent.  He filed a claim with the airline–but was told he was ineligible for compensation.

The reason?  He had not filed the claim within the company’s stipulated “standard 24-hour timeframe.”

Carroll turned to his musical roots for a remedy.  He wrote a song, “United Breaks Guitars,” and turned it into a music video which he posted on YouTube and iTunes in July, 2009.

Click here: United Breaks Guitars – YouTube

The song went viral, and became a public relations nightmare for the airline.

The Sunday Times reported that, four days after the video’s posting, United Airlines’ stock price fell 10% costing stockholders about $180 million in value.

Most customers, admittedly, aren’t musicians.  For them–short of suing–the weapons of choice will be:

  • The phone
  • Letters
  • The Internet
  • Consumer protection organizations that can be enlisted

Let’s start with the first: The phone.

Most customers assume the place to take their anger is the airline Customer Service desk.  And the airlines encourage people to do just that.

Don’t do it.

Customer Service is staffed by people who may ooze compassion but who aren’t authorized to do anything on your behalf.

And of course they’ll be well-versed in the standard airline excuses for why your request is denied.

(Think of Dave Carroll and the excuse United’s reps offered him: You didn’t file your claim within 24 hours.)

Even if they truly want to help you, they’ll find themselves outranked at every level.

So take your complaint to someone who has the authority to resolve it.  This means, preferably, the CEO of the airline, or at least one of his executive colleagues.

KGB AIRWAYS: PART THREE (OF EIGHT)

In Bureaucracy, Business, Law, Self-Help on December 9, 2013 at 12:30 am

When Leisha Hailey and her girlfriend kissed aboard a Southwest Airlines flight to Los Angeles, they quickly found themselves in trouble.

Leisha Hailey

A flight attendant told them that Southwest was “a family airline.” When they argued they were targets of homophobia, the attendant ejected them from the plane.

Hailey–the star of Showtime’s The L-Word (and a lesbian)–posted her experience on Twitter.  Calling for a boycot of Southwest, she tweeted:

“I want to know what Southwest Airlines considers as ‘family.’ I know plenty of wonderful same-sex families I would like to introduce them to. Boycott @SouthwestAir if you are gay. They don’t like us.”

Naturally, Southwest had its own explanation for what had happened:

“…We received several passenger complaints characterizing the behavior as excessive. Our crew, responsible for the comfort of all Customers on board, approached the passengers based solely on behavior and not gender. The conversation escalated to a level that was better resolved on the ground, as opposed to in flight.”

In short, the situation was “better resolved on the ground” by forcing two unarmed, non-threatening women to leave the plane rather than having the airline honor their high-priced tickets.

Now, a quick question: When does a camera become a dangerous weapon?

When you snap a picture of an especially rude airline employee.

  • A  Miami photographer was escorted off a US Airways plane and deemed a “security risk” after she did this at Philadelphia International Airport in July, 2011.

Sandy DeWitt believed the employee, Tonialla G., was being rude to several passengers in the boarding area of the flight to Miami.

So DeWitt, a professional photographer, used her iPhone to snap a picture of G.’s nametag.  She intended to file a complaint with US Airways and wanted the picture as evidence.

As DeWitt settled into her seat, preparing for take-off, G. entered the plane and confronted her.

She ordered DeWitt to delete the photo.

DeWitt had already turned off her iPhone, as required before take-off.  She turned the phone back on to prove that the photo hadn’t come out.  Even so, she deleted the too-dark picture.

G. then walked into the cockpit to inform the pilot that DeWitt was a “security risk.”

Suddenly, DeWitt found herself being escorted off the plane by two flight attendants.  Her husband followed.

Speaking with Michael Lofton, a US Airways manager at Philadelphia International Airport, she learned that she would not be allowed back on the plane.

The reason:  She was a “security risk.”

But that didn’t keep Lofton from directing her to American Airlines for a flight back to Miami.

But that flight had already departed and it was already after 7 p.m.  And there were no other flights back to Miami until the following morning.

“We were expecting to spend the night at the airport,” she said.

They eventually boarded a Southwest Airlines flight to Fort Lauderdale at 11 p.m.

Apparently, Southwest didn’t consider her to be a “security risk.”

Naturally, US Airways had a cover-story to explain what had happened.

Todd Lehmacher, a spokesman for US Airways, told msnbc.com that DeWitt was removed for being “disruptive.”

“Once onboard, she was using foul and explicit language,” Lehmacher said. “She was removed at the request of the captain.”

Apparently, “disruptive” means whatever an airline official claims it to mean.

Business Insider ranked US Airways sixth in a list of the 19 Most Hated Companies in America.

The American Customer Satisfaction Index (ACSI) is an economic indicator that measures the satisfaction of consumers across the United States. It is produced by the American Customer Satisfaction Index, a private company based in Ann Arbor, Michigan.

The ACSI interviews about 80,000 Americans annually and asks about their satisfaction with the goods and services they have consumed. And Americans’ most-hated companies include large banks, airlines, power and telecom companies.

David VanAmburg, managing director at ACSI, offered a critical insight into why these companies are so detested.

“These are not terribly competitive industries, as the switching barriers for most of them are quite high,” he told Business Insider in June, 2011.

“In other industries, like the food or clothing sector, the competition is huge. They bend over backwards to make customers happy, because they have to.”

That certainly applies to airlines–whose numbers are limited and continue to shrink due to mergers and the rising cost of fuel.

For the airline industry generally, the former slogan of United Airlines–”Fly the Friendly Skies”–has unofficially been replaced with: “We don’t care. We don’t have to.”

So–when you’re facing a would-be KGB agent masquerading as an airline employee, what do you do?

First, you recognize that the concept of “consumer rights” has not yet reached the airline industry.

Then you do what you can to see that it does.

KGB AIRWAYS: PART TWO (OF EIGHT)

In Bureaucracy, Business, Law, Self-Help on December 6, 2013 at 12:00 am

The First Amendment of the American Constitution guarantees freedom of speech.

But some airline employees haven’t gotten the word.

Click here: 3 Easy Ways to Tell If a Business Puts Its Customers First – DailyFinance

Yes, what you say can get you thrown off an airplane–or worse.  And it doesn’t have to be anything even remotely like a threat.

  • In May, 2011, a US Airways flight was due to depart San Francisco International Airport for Charlotte, North Carolina at 1:20 p.m. But due to bad weather, passengers boarded the plane after 2 p.m.

Once on the plane, a flight attendant told customers over the intercom to hurry up and put their carry-ons in bins so they could take off and make their connecting flight in Charlotte.

One of the passengers, Luke Hazlewood, turned to the person next to him and said it was the airline’s fault they were late, “so don’t get mad at us.”

The flight attendant rushed out of the galley demanding to know who had said that. Once she determined it was Hazlewood, she told him he would have to leave for being disruptive and a threat to the plane.

Sandra Kraus, a former flight attendant, came to Hazlewood’s defense–and the flight attendant told her to get off the plane as well.

Both passengers asked to speak with the captain but he refused to speak with them.

Kraus was put on another flight.  Hazlewood and his accompanying girlfriend (who had left the plane with him) found that US Airways wouldn’t compensate them for a hotel room.

The airline refused to answer questions about the matter. Its written statement said “The passengers interfered with the flight crew and in the interest of safety they had to be removed.”

It’s a truism in both journalism and police work: When people refuse to answer questions, it’s nearly always because they know they have something to hide.

And the airline’s response came in the classic voice of the all-powerful dictator: “They refused to treat me like God and so they had to be eliminated.”

Business Insider ranked US Airways #6 on a list of Click here: The 19 Most Hated Companies In America – Business Insider

  • In December, 2011, three middle-aged women were thrown off an AirTran flight at Palm Beach International Airport after a steward began roughly handling the luggage of one of them.

Marilyn Miller, a lawyer, was buckled in for takeoff when the attendant mishandled her overhead luggage.  “I have breakables in that,” she said.

The attendant ignored her and kept shoving other bags into hers.

Another passenger, Carol Gray, a retired travel agent, asked the same attendant for help, saying that her seat was broken.

“I’m not talking to you,” said the attendant, and poked her in the arm.  He then threatened to throw Miller and Gray off the plane.

“You’ve got to be kidding me,” said Miller.

“Well, you’re getting off,” said the attendant.

Two sheriff’s deputies and airline staff arrived to remove them.

A third passenger, a therapist named Karyn Schoor, spoke up in their defense: “This is crazy, they didn’t do anything.  Why are you doing this to them?”

“Throw her off too,”’ ordered the attendant.

All three women were marched off the plane and back into the terminal.

The women were offered flights on other airlines paid for by AirTran.

And the official explanation given by AirTran?

“Our employees are responsible for the safety and comfort of everyone onboard a flight. Our goal is always to mitigate any uncomfortable situation prior to departure.”

Uncomfortable for whom–the passenger who doesn’t want her luggage roughly treated?  Or the attendant whose ego gets bent out of shape at the slightest objection?

  • In July, 2010, Southwest Airlines removed a slender, five-foot-four woman from a plane to accomodate an obese passenger.

The woman was flying standby from Las Vegas to Sacramento.  She had paid full fare for the last available seat, boarded and stowed her bags–and was told she must deplane immediately.

The reason: A late-arriving, 14-year-old passenger required two seats because of her girth.

When the woman asked Southwest personnel why she was being removed her from the flight, they berated her for daring to question their decision.

The temporarily stranded passenger managed to catch the next flight out to Sacramento.

  • You don’t have to assault someone to be thrown off an airplane. Even kissing your partner will do.

Southwest Airlines kicked Leisha Hailey–who not only plays a lesbian in Showtime’s The L-Word series but is one–and her girlfriend off a flight to Los Angeles.

Their crime?  Kissing.

A flight attendant told them that Southwest was “a family airline.” When they argued they were targets of homophobia, the attendant ejected them from the plane.

KGB AIRWAYS: PART ONE (OF EIGHT)

In Bureaucracy, Business, Law, Self-Help on December 5, 2013 at 12:31 am

With Christmas fast approaching, tens of thousands of Americans will be traveling across the country to visit with loved ones.

And many of them will become the victims of KGB Airways.

In truth, many airline personnel treat passengers the way KGB agents once treated Soviet citizens–with the arrogance that comes from holding near-absolute power over the lives of others.

Consider the following:

  • From the website of American Airlines:

ESSENTIAL NEEDS DURING EXTRAORDINARY DELAYS

In the case of extraordinary events that result in very lengthy onboard delays, American will make every reasonable effort to ensure that essential needs of food (snack bar such as Nutri-Grain®), water, restroom facilities, and basic medical assistance are met.

We are not responsible for any special, incidental or consequential damages if we do not meet this commitment.

Translation:  On one hand, American promises that it will try to ensure that “essential needs of food, water, restroom facilities and basic medical assistance are met” during “very lengthy onboard delays.”  On the other hand, if they “do not meet this commitment,” that’s just the passengers’ tough luck.

ACCEPTANCE OF PASSENGERS

American may refuse to transport you, or may remove you from your flight at any point, for one or several reasons, including but not limited to the following:

  1. Compliance with government requisition of space.
  2. Action necessary or advisable due to weather, or other conditions beyond American’s control.
  3. Refusal to permit a search of person or property for explosives or for deadly, controlled, or dangerous weapons, articles or substances.
  4. Refusal to produce positive identification upon request.
  5. Your physical or mental condition is such that in American’s sole opinion, you are rendered or likely to be rendered incapable of comprehending or complying with safety instructions without the assistance of an attendant.
  6. Your conduct is disorderly, abusive or violent, or you
    1. Appear to be intoxicated or under the influence of drugs,
    2. Attempt to interfere with any member of the flight crew,
    3. Have a communicable disease that has been determined by a federal public health authority to be transmissible to other persons in the normal course of flight,
    4. Refuse to obey instructions from any flight crew member,
    5. Have an offensive odor not caused by a disability or illness,
    6. Are clothed in a manner that would cause discomfort or offense to other passengers,
    7. Are barefoot, or
    8. Engage in any action, voluntary or involuntary, that might jeopardize the safety of the aircraft or any of its occupants.

Translation: “American may refuse to transport you, or may remove you from your flight at any point” for just about any reason it wants to give.

DELAYS, CANCELLATIONS AND DIVERSIONS

American Airlines will provide customers at the airport and onboard an affected aircraft with timely and frequent updates regarding known delays, cancellations and diversions and will strive to provide the best available information concerning the duration of delays and to the extent available, the flight’s anticipated departure time.

We are not responsible for any special, incidental or consequential damages if we do not meet this commitment.

Translation: On one hand, American promises to give customers “timely and frequent updates regarding known delays, cancellations and diversions.”  On the other hand, American absolves itself from any damages “if we do not meet this commitment.”

And how does all this translate into action?

  • In late March, a woman was barred from boarding an American Airlines flight because its staff disliked her choice of clothing.  She was wearing a T-shirt bearing the words: “IF I WANTED THE GOVERNMENT IN MY WOMB, I’D F— A SENATOR.”

After taking a seat she was told by a flight attendant that she needed to speak with the captain, who found the T-shirt “offensive.”  He said she would have to change before she could re-board the plane.

The passenger claims this interaction caused her to miss her connection: Her luggage was checked and “changing shirts without spending money wasn’t an option.”

Business Insider ranked American Airlines 8th on a list of The 19 Most Hated Companies In America.

  • In July, 2011, Malinda Knowles, a 27-year-old financial consultant, was kicked off a JetBlue flight at JFK Airport in New York because of her attire–a baggy blue T-shirt and denim shorts.

A male JetBlue employee walking down the aisle noticed Knowles.  He told her he didn’t think she was wearing enough clothing.  An argument erupted when the employee put his walkie-talkie between her legs to see if she was wearing shorts underneath. When Knowles objected, the JetBlue worker brought her off the plane and to a hangar.

There she modeled for the employees, showing that she was wearing shorts.  She returned to the plane, but the same employee once again approached her and said:  “The captain is refusing to fly you today. We need to remove you from the flight.”

After waiting four hours for another flight, she arrived in Florida.  Apparently the crew of that plane didn’t have any problem with her attire.

Knowles has since filed a lawsuit against JetBlue.

MACHIAVELLI SAW IT COMING

In Bureaucracy, History, Law, Politics on November 25, 2013 at 12:30 am

All the warning signs were there in The Prince for anyone to read.

Especially President Barack Obama.

And either he skipped those chapters or he ignored their timeless advice for political leaders.

The chapter he should have started with was 6: “Of New Dominions Which Have Been Acquired By One’s Own Arms and Ability.”

Niccolo Machiavelli

Early in his first term as President, Obama decided to reform the American healthcare system.  Before taking any such action, he should have carefully considered the following:

…There is nothing more difficult to carry out, nor more doubtful of success, nor more dangerous to handle, than to initiate a new order of things. 

For the reformer has enemies in all those who profit by the old order, and only lukewarm defenders in all those who would profit by the new order, this lukewarmness arising partly from fear of their adversaries, who have the laws in their favor, and partly from the incredulity of mankind, who do not truly believe in anything new until they have had actual experience of it.

Another chapter he should have consulted was 19: “That We Must Avoid Being Despised and Hated.”

For openers, Niccolo Machiavelli writes:

…The prince must…avoid those things which will make him hated or despised.  And whenever he succeeds in this, he will have done his part, and will find no danger in other vices….

He is rendered despicable by being thought changeable, frivolous, effeminate, timid and irresolute—which a prince must guard against as a rock of danger…. 

[He] must contrive that his actions show grandeur, spirit, gravity and fortitude.  As to the government of his subjects, let his sentence be irrevocable, and let him adhere to his decisions so that no one may think of deceiving or cozening him.

The prince who creates such an opinion of himself gets a great reputation, and it is very difficult to conspire against one who has a great reputation.  [He] will not be easily attacked, so long as it is known that he is capable and reverenced by his subjects.

Obama started off well.  Americans had high expectations of him.

This was partly due to his being the first black elected President.  And it was partly due to the legacies of needless war and financial catastrophe left by his predecessor, George W. Bush.

Obama entered office intending to reform the American healthcare system, to make medical care available to all citizens, and not just the richest.

But that was not what the vast majority of Americans wanted him to concentrate his energies on. With the loss of 2.6 million jobs in 2008, Americans wanted Obama to find new ways to create jobs.

This was especially true for the 11.1 million unemployed, or those employed only part-time.

Jonathan Alter, who writes sympathetically about the President in The Center Holds: Obama and His Enemies, candidly states this.

But Obama chose to spend most of his first two years as President pushing the Affordable Care Act (ACA)–which soon became known as Obamacare–through Congress.

The results were:

  • Those desperately seeking employment felt the President didn’t care about them.
  • The reform effort became a lightning rod for conservate groups like the Tea Party.
  • In 2010, a massive right-wing turnout cost the Democrats the House of Representatives, and threatened Democratic control of the Senate.

Yet even worse was to come for the President.

Throughout his campaign to win support for the ACA, Obama had repeatedly promised that, under it:  “If you like your health insurance plan, you can keep your plan. Period.  If you like your doctor, you can keep your doctor.  Period.”

But, hidden in the 906 pages of the law, was a fatal catch for the President’s own credibility.

The law stated that those who already had medical insurance could keep their plans–so long as those plans met the requirements of the new healthcare law.

If their plans didn’t meet those requirements, they would have to obtain coverage that did.

It soon turned out that a great many Americans wanted to keep their current plan–even if it did not provide the fullest possible coverage.

Suddenly, the President found himself facing a PR nightmare: Charged and ridiculed as a liar.

Even Jon Stewart, who on “The Daily Show” had supported the implementation of “Obamacare,” ran footage of Obama’s “you can keep your doctor” promise.

Jon Stewart

The implication: You said we could keep our plan/doctor; since we can’t, you must be a liar.

As a result, the President now finds his reputation for integrity–long his greatest asset–shattered.

According to a CBS poll released on November 20, only 37% of Americans approve of Obama’s job performance, down from 46% in late October.  CBS called that rating “the lowest of his presidency.”

All of which takes us to the final warning offered by Machiavelli:

Whence it may be seen that hatred is gained as much by good works as by evil….

TIMIDITY IS ITS OWN PUNISHMENT

In Bureaucracy, History, Law, Law Enforcement, Politics on October 15, 2013 at 1:06 am

The media has given wall-to-wall coverage of the Federal Government shutdown–and the effects it has had on both Federal employees and ordinary Americans.

But there is one aspect of this story that hasn’t been covered.  In fact, it is so obvious that I can only conclude that editors are deliberately ignoring it.

President Barack Obama, a former attorney, has denounced House Republicans as guilty of “extortion” and “blackmail.”

Unless he was exaggerating, both of these are felony offenses that are punishable under the 2001 Patriot Act and the Racketeer Influenced Corrupt Organizations Act of 1970.

So: Why hasn’t the President acted to punish such criminal conduct?

All that he need do is to order his Attorney General, Eric Holder, to ask the FBI to investigate whether either or both of these laws have been violated.  If it’s discovered that they have, indictments could immediately follow, and then prosecutions.

The results of such action can be easily predicted.

  1. Facing lengthy prison terms, those indicted Republicans would first have to lawyer-up.  That in itself would be no small thing, since good criminal lawyers cost big bucks.
  2. Obsessed with their own personal survival, they would find little time for engaging in more of the same thuggish behavior that got them indicted.  In fact, doing so would only make their conviction more likely.
  3. Those Republicans who hadn’t (yet) been indicted would realize: “I could be next.”  This would produce a chilling effect on their willingness to engage in further acts of subversion and extortion.
  4. The effect on Right-wing Republicans would be the same as that of President Reagan’s firing of striking air traffic controllers:  “You cross me and threaten the security of this nation at your own peril.”

It would no doubt be a long time before Republicans dared to engage in such behavior–if they ever so dared again.

Had Obama done so when Republicans began threatening to shut down the government and destroy the country’s credit rating unless they got their way, this crisis would now be past.

In fact, if he had warned, months ago, that he would react to such terroristic behavior with indictments and prosecutions, it’s highly unlikely that this crisis would have occurred.

With major Republicans like House Speaker John Boehner and Senator Ted Cruz facing  prosecution and imprisonment, the rest of the party would have quickly found a way to pass a budget and ensure that the United States pays its debts.

The ancient Greeks used to say: “A man’s character is his fate.”  It is Obama’s character–and our fate–that he is by nature a conciliator, not a confronter.

Richard Wolffe chronicled Obama’s winning of the White House in his book Renegade: The Making of a President.  He noted that Obama was always more comfortable when responding to Republican attacks on his character than he was in making attacks of his own.

Obama came into office determined to find common ground with Republicans.  But they quickly made it clear to him that they only wanted his political destruction.

At that point, he should have put aside his hopes for a “Kumbaya moment” and re-read what Niccolo Machiavelli famously said in The Prince on the matter of love versus fear:

Niccolo Machiavelli

From this arises the question whether it is better to be loved than feared, or feared more than loved.  The reply is, that one ought to be both feared and loved, but as it is difficult for the two to go together, it is much safer to be feared than loved. 

For it may be said of men in general that they are ungrateful, voluble, dissemblers, anxious to avoid danger and covetous of gain. 

As long as you benefit them, they are entirely yours: they offer you their blood, their goods, their life and their children, when the necessity is remote.  But when it approaches, they revolt…. 

And men have less scruple in offending one who makes himself loved than one who makes himself feared; for love is held by a chain of obligations which, men being selfish, is broken whenever it serves their purpose; but fear is maintained by a dread of punishment which never fails.

Moreover, Machiavelli warns that even a well-intentioned leader can unintentionally bring on catastrophe.  This usually happens when, hoping to avoid conflict, he allows a threat to go unchecked.  Thus:

A man who 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.

Of course, it’s possible that some prosecuted Republicans might beat the rap.  But this wouldn’t happen until they had been forced to spend huge amounts of time and money on their defense.

And, with 75% of Americans saying they are disgusted with Congress, it’s highly likely that most of those prosecuted would wind up convicted.

And, as Andrew Jackson once said: “One man with courage makes a majority.”

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

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

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

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

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

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

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

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

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

And so they did.

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

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

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

Second Option: Calling upon the American people for their support

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

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

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

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

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

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

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

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

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

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

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

“Tonight, I’m asking for your help.

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

“As President John F. Kennedy said:

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

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

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

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

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

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

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

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

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

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

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

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

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

First Option: RICO to the rescue

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Chris Matthews

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

John Boehner

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

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

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

And the Republican response?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

OBAMA LOSES, MACHIAVELLI RULES

In Bureaucracy, History, Military, Politics on September 19, 2013 at 12:00 am

I was thoroughly glad to see the era of George W. Bush come to an end.  He had, I believed, become a terrible liability for America–in both foreign and domestic policy.

In foreign affairs, America had become entrapped in a totally needless war in Iraq.  And by authorizing the use of torture, he had turned the United States into a pariah nation in the eyes of much of the civilized world.

Domestically, he had allowed the sheer greed and arrogance of America’s most powerful corporations to push the nation to the brink of bankruptcy.

So during the early weeks of President Barack Obama’s first term, I sent him a gift: My favorite selections from the two major works of Niccolo Machiavelli: The Prince and The Discourses.

Niccolo Machiavelli

I hoped that, on at least some occasions, the new President would find useful advice in the wisdom of the father of political science.

Unfortunately, such has not been the case.

For example:

United Nations officials estimate that more than 6,000 people have died in Syria since fighting erupted in 2011 against the regime of dictator Bashir al-Assad.

During that time, the world made no move to intervene–for a series of excellent reasons.  Among these:

  • Since 1979, Syria has been listed by the U.S. State Department as a sponsor of terrorism.
  • There are no “good Syrians” for the United States to support.  There is a civil war between rival terrorist groups.
  • Among these: Hezbollah and Hamas (pro-Assad); and Al Qaeda (anti-Assad).

This was the position of the United States as well.

Meanwhile, President Obama said on several occasions that if Assad used chemical weapons against his enemies, that would be “a red line in the sand.”

Then, on August 21, the Assad regime was accused of using chemical weapons in Damascus suburbs to kill more than 1,400 civilians.

On August 30, the Obama administration said it had “high confidence” that Syria’s government carried out the chemical weapons attack.

Having boxed himself in, Obama felt he had to make good on his threat–even if it risked the lives of those flying combat missions over Syria’s formidable air defenses.

He sent Secretary of State John Kerry before TV cameras to express America’s moral outrage at Syria’s use of chemical weapons.

And he positioned six American warships close to the Syrian coast.

On August 31, Obama announced that he would seek Congressional authorization before attacking Syria.  Obama said he was “prepared to give that order” to strike Syria because:

  • Syria’s use of chemical weapons “risks making a mockery of the global prohibition on the use of chemicals weapons,” and
  • It put U.S. regional allies that share a border with Syria in danger.

It looked as though the United States was about to plunge into its third Middle East war in 12 years.

Then Russian President Vladimir Putin offered his own suggestion for averting war: Syria would agree to put its stocks of chemical weapons under United Nations control.

On September 14, the United States and Russia announced in Geneva that they reached a deal that provided a path for Obama to avoid the air strikes he had promised to launch against Syria.

Suddenly, Obama asked congressional leaders to delay votes on authorizing military action in Syria while the diplomatic process worked itself out.

As “Tonight” show host Jay Leno put it: Obama gave a speech calling for war–and then the rebuttal.

So what does Niccolo Machiavelli have to do with any of this?

In Chapter 19 of The Prince, his guide to successful rulership, he outlines “That We Must Avoid Being Despised and Hated.”

“The prince must…avoid those things which will make him hated or despised.  And whenever he succeeds in this, he will have done his part, and will find no danger in other vices….

“He is rendered despicable by being thought changeable, frivolous, effeminate, timid and irresolute—which a prince must guard against as a rock of danger….

“[He] must contrive that his actions show grandeur, spirit, gravity and fortitude.  As to the government of his subjects, let his sentence be irrevocable, and let him adhere to his decisions so that no one may think of deceiving or cozening him.”

By making a vigorous case for going to war with Syria, and then suddenly reversing himself, Obama has managed to offend everyone:

  • Right-wingers–who hoped to see America plunge into another Middle East war.
  • Liberals–who didn’t want to repeat the 2003 Iraqi war disaster.
  • Syrian rebels–who expected a full-scale American intervention to bring them to power.
  • The Assad regime–which no doubt believes Obama was bluffing.

Unfortunately, history is not a VHS tape that can be rewound.  No one–including Obama–gets a second chance to make a first impression.

By repeatedly showing timidity toward Republicans, Obama had forfeited credibility as a leader to be feared by his domestic Right-wing enemies.

President Theodore Roosevelt famously said: “I have always lived by a South African proverb: Speak softly and carry a big stick, and you will go far.”

By speaking loudly and then putting his big stick aside, Obama forfeited credibility among his foreign enemies.