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THE SIX DEADLY FLAWS IN “OBAMACARE”: PART THREE (END)

In Bureaucracy, History, Law, Medical, Politics, Social commentary on March 2, 2017 at 12:11 am

President Barack Obama was often accused of playing ruthless “Chicago politics” by his Republican enemies. But Obama’s biggest mistake lay not in cynicism but misplaced idealism.

Obama Mistake No. 5: Believing that public and private employers would voluntarily comply with the law.

The Affordable Care Act (ACA) requires employers to provide insurance for part-time employees who work more than 30 hours per week. Yet many employers claimed–without having to offer proof–that they couldn’t afford it.

So they limited part-time workers’ hours to 29 per week instead.

Obama was clearly surprised at this. But he shouldn’t have been.

Greed-fueled businessmen always try to avoid complying with the law–or achieve minimum compliance with it.

The Act doesn’t penalize companies for not providing health insurance coverage for part-time employees who work fewer than 30 hours.

Predictably, employers:

  • Moved fulltime workers into part-time positions;
  • Refused to provide their employees with medical insurance; and
  • Avoided fines for non-compliance with the law.

Some employers openly showed their contempt for President Obama–and the idea that employers have any obligation to those who make their profits a reality.

One was John Schnatter, CEO of Papa John’s Pizza, who said:

  • The prices of his pizzas would go up–by 11 to 14 cents per pizza, or 15 to 20 cents per order; and
  • He would pass along these costs to his customers.

 John Schnatter

“If Obamacare is in fact not repealed,” he told Politico, “we will find tactics to shallow out any Obamacare costs and core strategies to pass that cost onto consumers in order to protect our shareholders’ best interests.”

Thus, President Obama should have required all employers to provide insurance coverage for all of their employees, regardless of their fulltime or part-time status.  

This would have produced two substantial benefits:

  1. All employees would have been able to obtain medical coverage; and
  2. Employers would have been encouraged to provide fulltime positions rather than part-time ones.

Employers would thus feel: “I’m paying for fulltime insurance coverage, so I should be getting fulltime work in return.”

If Obama considered this option, he decided against pressing for it.

Obama Mistake No. 6: Failing to closely study his proposed legislation.

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

But the 906 pages of the law held 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.

But 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.

All of which points to a final warning offered by Niccolo Machiavelli: Whence it may be seen that hatred is gained as much by good works as by evil….  

Former Democratic Presidential nominee Hillary Clinton said that, if she were elected, she would seek incremental changes in the ACA. That possibility became moot when she lost the 2016 election to Donald Trump.

Vermont U.S. Senator Bernie Sanders, on the other hand, wants a single-payer plan.

A single-payer plan would prove simpler and more comprehensive than the ACA. But the chances of its passing a Republican-dominated Congress are absolutely zero.

The election of Donald Trump seems to have finally doomed the ACA–except for one thing: Since it became law, in 2010, 22 million Americans who had never before obtained healthcare insurance now have it.

This includes even Republicans who voted for Trump–without realizing they would be losing their only tie to medical care.  And now many of them are finally realizing this truth.

Thus, Republicans in the House and Senate now find themselves besieged by angry constituents at town hall meetings.

These Republicans care nothing for Americans who would be left without medical care. But they do care about their own futures–as members of Congress.

This has led to three schisms among Republicans:

  • Those who still demand the complete repeal of “Obamacare.”
  • Those who want the Act repealed and then replaced with an entirely different healthcare plan–which Republicans have yet to agree on. Developing this could literally take years–during which time former ACA members would have no insurance.
  • Those who want Republicans to first create an alternative healthcare plan, win its Congressional approval, and then repeal the Act.

Republicans expect Democrats to sign on with their “Obamacare replacement plan.” But Democrats have made it clear: “You repeal it, you’re on your own in replacing it.”

Republicans spent eight years demanding the repeal of “Obamacare.” But now they fear that its repeal will lead to the repeal of their own political ambitions.

THE SIX DEADLY FLAWS IN “OBAMACARE”: PART TWO (OF THREE)

In Bureaucracy, History, Law, Medical, Politics, Social commentary on March 1, 2017 at 12:26 am

President Barack 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 said in The Prince on the matter of love versus fear:

From this arises the question whether it is better to be loved or feared, or feared more than love. 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….

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.

Finally, warns Machiavelli, a leader should not allow a threat to go unchecked. The motive for this is usually the hope of avoiding conflict  And the result is usually catastrophe.

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

For Obama, such a moment came in 2011, when House Republicans threatened to to destroy the credit rating of the United States unless the President agreed to scrap Obamacare.

Obama, a former attorney, heatedly denounced House Republicans for “extortion” and “blackmail.”

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

Among the crimes that can be prosecuted by Justice Department attorneys under RICO: 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 didn’t believe that RICO was sufficient to deal with extortionate behavior, he could have ordered the Justice Department to cite the USA Patriot Act, passed in the wake of 9/11.

In Section 802, among the behaviors that are defined as domestic terrorism: “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.”

Activities such as threatening to destroy the financial stability of the United States.

The remedies for punishing such criminal behavior were legally in place. President Obama could have directed the Justice Department to apply them.

If violations had been discovered, indictments could have quickly followed–and then prosecutions. The results of such action could be easily predicted:

  • Facing lengthy prison terms, those indicted Republicans would have first had to lawyer-up.
  • This would have imposed huge monetary costs on them, since good criminal attorneys don’t come cheap.
  • Obsessed with their personal survival, they would have had little time to engage in more of the same thuggish behavior that got them indicted. In fact, doing so would have only made their convictions more likely.
  • Those Republicans who hadn’t (yet) been indicted would have feared; “I could be next.” This would have produced a chilling effect on their willingness to engage in further acts of subversion and extortion.
  • The effect on Right-wing Republicans would have been the same as that of President Ronald 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 have been a long time before Republicans dared to engage in such behavior–at least, while Obama held office.

So: Why didn’t President Obama act to punish such criminal conduct?

Obama Mistake No. 4: He allowed himself to be cowed by his enemies.

In The Prince, Machiavelli laid out the qualities that a successful ruler should avoid–

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

–and possess: 

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.

Niccolo Machiavelli

On July 2, 2013, the Treasury Department announced a major change in the application of the Affordable Care Act:

“We have heard concerns about the complexity of the requirements and the need for more time to implement them effectively…We have listened to your feedback.  And we are taking action.

“The Administration is announcing that it will provide an additional year before the ACA mandatory employer and insurer reporting requirements begin.”  

And the Republican response?

On July 30, 2013, House Republicans voted to sue the President for failing to enforce the Affordable Care Act–which they had voted 54 times to repeal, delay or change.

As Machiavelli warned: Timidity invites contempt–and aggression.

THE SIX DEADLY FLAWS IN “OBAMACARE”: PART ONE (OF THREE)

In Bureaucracy, History, Law, Medical, Politics, Social commentary on February 28, 2017 at 12:13 am

Barack Obama was easily one of the most highly educated Presidents in United States history. He is a graduate of Columbia University (B.A. in political science in 1983).

In 1988, he entered Harvard Law School, graduating magna cum laude–“with great honor”–in 1991.

He was selected as an editor of the Harvard Law Review at the end of his first year, and president of the journal in his second year.

President Barack Obama

He then taught Constitutional law at the University of Chicago Law School for 12 years–as a Lecturer from 1992 to 1996, and as a Senior Lecturer from 1996 to 2004.

Yet, his signature plan to give every American access to healthcare, the Affordable Care Act–universally known as “Obamacare”–remains stricken with dangerous flaws.

So where did he go wrong?

Several ways–in all, at least six.

Obama Mistake No. 1: Putting off what people wanted while concentrating on what they didn’t.

Obama started off well when he took office. Americans had high expectations of him. This was partly due to his being the first black to be elected President.

And it was partly due to the disastrous 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 lost 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 year as President pushing the Affordable Care Act (ACA)–which would soon become 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 Right-wing groups like the Koch-brothers-financed Tea Party.
  • In 2010, a massive Rightist turnout cost the Democrats the House of Representatives, and threatened Democratic control of the Senate.

Obama Mistake No. 2: He underestimated the amount of opposition he would face to the ACA.

For all of Obama’s academic brilliance and supposed ruthlessness as a “Chicago politician,” he displayed an incredible naivety in dealing with his political opposition.

Niccolo Machiavelli (1469-1527), the Florentine statesman and father of modern politics, could have warned him of the consequences of this–through the pages ofThe Prince, his infamous treatise on the realities of politics.

Niccolo Machiavelli

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

He should have started with Chapter Six: “Of New Dominions Which Have Been Acquired By One’s Own Arms and Ability”:

…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.  

This proved exactly the case with the proposed Affordable Care Act.

Its supporters–even when they comprised a majority of the Congress–have always shown far less fervor than its opponents.

This was true before the Act became effective on March 23, 2010. And it has remained true since, with House Republicans voting more than 60 times to repeal, delay or revise the law.

So before President Obama launched his signature effort to reform the American medical system, he should have taken this truism into account.

Obama Mistake No. 3: Failing to consider–and punish–the venom of his political enemies.  

The ancient Greeks used to say: “A man’s character is his fate.”  It was Obama’s character–and America’s fate–that he was by nature a man of conciliation, not conflict.

Richard Wolffe chronicled Obama’s winning of the White House in his 2009 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 on his enemies.

President 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 said in The Prince on the matter of love versus fear:

From this arises the question whether it is better to be loved or feared, or feared more than love. 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.

AVOIDING OBAMA’S MISTAKES: PART THREE (END)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on July 22, 2016 at 12:05 am

The ancient Greeks believed: “A man’s character is his fate.” It is Barack Obama’s character–and America’s fate–that he is more inclined to conciliation than confrontation.

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.  

Rule #4: Be Open to Compromise–Not Capitulation

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.  

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President Barack Obama

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

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.  

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Niccolo Machiavelli

By refusing to vigorously prosecute acts of Republican extortion, President Obama has encouraged Republicans to intensify their aggression against him.

Their most recent act: Refusing to meet with federal appeals court judge Merrick Garland. Obama’s designated nominee to the Supreme Court after the February 13 death of Justice Antonin Scalia.  

Kentucky United States Senator Mitch McConnell has flatly stated: There will be no Supreme Court hearing–not during regular business or a post-election lame-duck session.

Had Obama proceeded with indictments against Republican extortion in 2011 or 2013, McConnell–who supported the extortion attempts of those years–would now be desperately meeting with his lawyers.  

Rule #5: First Satisfy Your Citizens, Then Help Them  

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 threefold:  

First, those desperately seeking employment felt the President didn’t care about them.

Second, the reform effort became a lightning rod for conservative groups like the Tea Party.

And, third, in 2010, a massive Right-wing turnout cost Democrats the House of Representatives and threatened Democratic control of the Senate.

Rule #6: Be Careful What You Promise  

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 new 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,” sarcastically 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 found his reputation for integrity–long his greatest asset–tarnished.

All of which takes us to yet another warning offered by Machiavelli: Whence it may be seen that hatred is gained as much by good works as by evil….

AVOIDING OBAMA’S MISTAKES: PART TWO (OF THREE)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on July 21, 2016 at 12:07 am

If Hillary Clinton succeeds Barack Obama as President, can gain much by learning from his mistakes.

In 2011, Obama could have ended Republican extortion by invoking the law–that of the Racketeer Influenced Corrupt Organizations (RICO) Act and/or the USA Patriot Act.

Or he could have faced down Republican extortionists by urging his fellow Americans to rally to him in a moment of supreme national danger.  

Rule #2: Rally Your Citizens Against a Dangerous Enemy 

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

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

John F. Kennedy

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 could have sent that same message to the extortionists of the Republican Party.

Yet this was another option he failed to exploit. And he and the Nation have continued to pay the price for it.  

Rule #3: Timidity Toward Aggressors Only Leads to More Aggression

In September, 2013, Republicans once again threatened to shut down the Federal Government unless the President agreed to defund the Affordable Care Act (ACA), better known as “Obamacare.

They were 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 voted on a short-term government funding bill that included a provision to defund Obamacare.

Obama and Senate Democrats rejected that provision. If the House and Senate couldn’t reach a compromise, many functions of the federal government would be shut down indefinitely on October 1.

According to Republicans: They wanted to save the country from bankruptcy–although the Congressional Budget Office stated that the ACA would lower future deficits and Medicare spending.

After passing the House and Senate, the ACA had been signed into law by President Obama on March 23, 2010.

On June 28, 2012, the United States Supreme Court–whose Chief Justice, John Roberts, is a Republican–had upheld the constitutionality of the ACA.

Yet House Republicans still sought a way to stop the law from taking effect. By September, 2013, they had voted 42 times to repeal “Obamacare.”

But their efforts had failed; the Democratic-led Senate made it clear it would never go along with such legislation.

Finally, unable to legally overturn the Act or to legislatively repeal it, House Republicans fell back on something much simpler: Threats and fear.

Threats–of voting to shut down salaries paid to most Federal employees. Most, because they themselves would continue to draw hefty salaries while denying them to FBI agents, air traffic controllers and members of the military, among others.

And fear–that would be generated throughout the Federal government, the United States and America’s international allies.

Republicans claimed it was Obama and Senate Democrats who refused to see reason and negotiate.

But then a Republican accidentally gave away the real reason for the shutdown.

“We’re not going to be disrespected,” Rep. Marlin Stutzman (R-Ind.) told the Washington Examiner. “We have to get something out of this. And I don’t know what that even is.”

Martin Stutzman

In short, Republicans–as admitted by Martlin Stutzman–were out to get “respect.” A member of the Crips or Bloods couldn’t have said it better.  

The shutdown began on October 1, 2013–and ended 16 days later with even Republicans admitting it had been a failure.

President Obama, a former attorney, denounced House Republicans as guilty of “extortion” and “blackmail.” If he truly believed them to be so guilty, he could have once again invoked RICO and/or the USA Patriot Act. 

Yet he did neither.

Had the President dared to prosecute such criminal conduct, the results would have been:

  • Facing lengthy prison terms, those indicted Republicans would have been forced to lawyer-up. That in itself would have been no small thing, since good criminal attorneys cost big bucks.  
  • Obsessed with their own personal survival, they would have found little time for engaging in the same thuggish behavior that got them indicted. In fact, doing so would have only made their conviction more likely.
  • The effect on Right-wing Republicans would have been the same as that of President Ronald Reagan’s firing of striking air traffic controllers: “You cross me and threaten the security of this Nation at your own peril.” 

True, some prosecuted Republicans might have beaten the rap. But first they would have been forced to spend huge amounts of time and money on their defense.

And with 75% of Americans voicing disgust with Congress, most of those prosecuted might well have been convicted.

It would have been a long time before Republicans again dared to engage in such behavior.

AVOIDING OBAMA’S MISTAKES: PART ONE (OF THREE)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on July 20, 2016 at 12:11 am

If Hillary Clinton becomes the nation’s first woman President, that will certainly be as big a historical milestone as Barack Obama’s becoming the first black man to hold that office.

But simply being elected President will not guarantee her success–any more than it guarantees success to any President.  

Every President faces challenges that his (up to now) predecessor didn’t. But others can be reasonably anticipated. For Clinton, a totally predictable challenge will be the sheer hatred and ruthless opposition Republicans aimed at Obama.  

And unless she determines, early on, to confront and overcome it, she will find her agenda just as blocked and undermined as Obama so often did.  

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Hillary Clinton

For example: 

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

They refused to raise the debt ceiling unless Democrats agreed to massively cut social programs for the elderly, poor and disabled.

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 begin 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.  

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Warren 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 raising taxes on their foremost constituency–the wealthiest 1%.

Raising 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.

As the calendar moved 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 Rep. 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.”

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

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

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

Rule #1 Ruthlessly Prosecute the Acts of Ruthless Criminals

But Obama could have countered that danger via the Racketeer Influenced Corrupt Organizations (RICO) Act.

In 1970, Congress passed RICO, Title 18, United States Code, Sections 1961-1968.  Its goal: Destroy the Mafia.

U.S. Department of Justice

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 had believed that RICO was insufficient to deal with this crisis, he could have relied on the USA Patriot Act of 2001, passed in the wake of 9/11.  

President George W. Bush signs the USA Patriot Act into law – October 26, 2001

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 were legally in place. President Obama needed only to direct the Justice Department to apply them.

“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 were legally in place. President Obama needed only to direct the Justice Department to apply them.

Prosecuting members of Congress would not have violated the separation-of-powers principle. Congressmen had been investigated, indicted and convicted for various criminal offenses.

Such prosecutions–and especially convictions–would have served 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.

WHY FASCISTS WIN AND LIBERALS LOSE

In Bureaucracy, History, Law, Military, Politics, Social commentary on April 28, 2016 at 12:01 am

Most Americans believe that Nazi Germany was defeated because “we were the Good Guys and they were the Bad Guys.”

Not so.  

The United States–and its allies, Great Britain and the Soviet Union–won the war for reasons that had nothing to do with the righteousness of their cause.  These included:

  • Nazi Germany–i.e, its Fuehrer, Adolf Hitler–made a series of disastrous decisions. Chief among these: Attacking its ally, the Soviet Union, and declaring war on the United States;
  • The greater material resources of the Soviet Union and the United States; and
  • The Allies waged war as brutally as the Germans.

On this last point:

  • From D-Day to the fall of Berlin, captured Waffen-SS soldiers were often shot out of hand.
  • When American troops came under fire in the German city of Aachen, Lt. Col. Derrill Daniel brought in a self-propelled 155mm artillery piece and opened up on a theater housing German soldiers.  After the city surrendered, a German colonel labeled the use of the 155 “barbarous” and demanded that it be outlawed.

German soldiers at Stalingrad

  • During the battle of Stalingrad in 1942, Wilhelm Hoffman, a young German soldier and diarist, was appalled that the Russians refused to surrender.  He wrote: “You don’t see them at all, they have established themselves in houses and cellars and are firing on all sides, including from our rear–barbarians, they used gangster methods….”

In short: The Allies won because they dared to meet the brutality of a Heinz Guderian with that of a George S. Patton.

This is a lesson that has been totally lost on the liberals of the Democratic Party.

Which explains why they lost most of the Presidential elections of the 20th century.

It also explains why President Barack Obama has found most of his legislative agenda stymied by Right-wing Republicans.

Consider this example: In 2014, Senator Rand Paul (R-Ky.) warned then-Senate Majority Leader Harry Reid (D-Nev.) that he would place a hold on one of President Obama’s appellate court nominees.

Rand Paul

David Barron had been nominated to the First Circuit Court of Appeals.  And Paul objected to this because Barron authored memos justifying the killing of an American citizen by a drone in Yemen.

The September 30, 2011 drone strike killed Anwar al-Awlaki, a radical Muslim cleric notorious on the Internet for encouraging Muslims to attack the United States.

So President Obama authorized a Predator drone stroke against him, thus removing that danger. Paul demanded that the Justice Department release the memos Barron crafted justifying the drone policy.

Anwar al-Awlaki

Imagine how Republicans would depict Paul–or a Democratic Senator–if he behaved in a similar manner with a Republican President: “Rand Paul: A traitor who supports terrorists.  he sides with America’s sworn enemies against its own lawfully elected President.”

On May 22, 2014, the Senate voted 53–45 to confirm Barron to the First Circuit Court of Appeals.

To Republicans, “lawfully elected” applies only to Republican Presidents. A Democrat who runs against a Republican  is automatically considered a traitor.

And a Democrat who defeats a Republican is automatically considered a usurper, and thus deserves to be slandered and obstructed, if not impeached.

Unable to defeat Bill Clinton in 1992 and 1996, Republicans tried in 1998 to impeach him for getting oral sex in the White House.

Similarly, 2012 Presidential candidate Herman Cain, asked in a conference call with bloggers why Republicans couldn’t just impeach President Obama, replied:

“That’s a great question and it is a great–it would be a great thing to do but because the Senate is controlled by Democrats we would never be able to get the Senate first to take up that action.”

In Renegade: The Making of a President, Richard Wolffe chronicled Obama’s successful 2008 bid for the White House. Among his revelations:

Obama, a believer in rationality and decency, felt more comfortable in responding to attacks on his character than in making them on the character of his enemies.

A graduate of Columbia University and Harvard Law School, Obama is easily one of the most academically gifted Presidents in United States history.

But for all this, he failed–from the onset of his Presidency–to grasp and apply this fundamental lesson taught by Niccolo Machiavelli, the father of modern political science.

In The Prince, Machiavelli warns:

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….

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.

On Facebook and Twitter, liberals are already celebrating the “certain” Presidency of Vermont U.S. Senator Bernie Sanders or former First Lady Hillary Clinton in 2016.

They forget that, in 1968, 1980, 1988 and 2000, liberals couldn’t believe America would elect, respectively, Richard Nixon, Ronald Reagan, George H.W. Bush and George W. Bush.

For Democrats to win elective victories and enact their agenda, they must find their own George Patton to take on the Waffen-SS generals among Republican ranks.

REPUBLICANS: EXTORTION IS US: PART FOUR (END)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on March 25, 2016 at 12:04 am

In September, 2013, President Barack Obama and Senate Democrats refused to knuckle under to yet another Republican extortion threat: Defund the Affordable Care Act (ACA) or we’ll shut down the government.

Republicans claimed it was Obama and Senate Democrats who refused to see reason and negotiate. 

But then a Republican accidentally gave away the real reason for the shutdown.

“We’re not going to be disrespected,” Rep. Marlin Stutzman (R-Ind.) told the Washington Examiner. “We have to get something out of this.  And I don’t know what that even is.”

Martin Stutzman

In short, Republicans–as admitted by Martlin Stutzman–were out to get “respect.” A member of the Crips or Bloods couldn’t have said it better.

The shutdown began on October 1, 2013–and ended 16 days later with even Republicans admitting it had been a failure.

President Obama, a former attorney, denounced House Republicans as guilty of “extortion” and “blackmail.” Had the President acted to prosecute such criminal conduct, the results would have been:

  • Facing lengthy prison terms, those indicted Republicans would been forced to lawyer-up. That in itself would have been no small thing, since good criminal lawyers cost big bucks.
  • Obsessed with their own personal survival, they would have found little time for engaging in the same thuggish behavior that got them indicted. In fact, doing so would have only made their conviction more likely.

  • Those Republicans who hadn’t been indicted would have realized: “I could be next.” This would have produced a chilling effect on their willingness to engage in further acts of subversion and/or extortion.
  • The effect on Right-wing Republicans would have been the same as that of President Ronald Reagan’s firing of striking air traffic controllers: “You cross me and threaten the security of this Nation at your own peril.” 

True, some prosecuted Republicans might have beaten the rap. But first they would have been forced to spend huge amounts of time and money on their defense.

And with 75% of Americans voicing disgust with Congress, most of those prosecuted might well have been convicted.

It would have been a long time before Republicans again dared to engage in such behavior.

The ancient Greeks believed: “A man’s character is his fate.” It is Obama’s character–and America’s fate–that he is more inclined to conciliation than confrontation.

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 applied 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.

By refusing to vigorously prosecute acts of Republican extortion, President Obama has unleashed twin disasters upon himself and the United States:

First, Republicans have been encouraged to intensify their acts of aggression against him.

Their most recent act: Refusing to meet with federal appeals court judge Merrick Garland. Obama’s designated nominee to the Supreme Court after the February 13 death of Justice Antonin Scalia.  

Kentucky United States Senator Mitch McConnell has flatly stated: There will be no Supreme Court hearings–not during regular business or a post-election lame-duck session.

Had Obama proceeded with indictments against Republican extortion in 2011 or 2013, McConnell–who supported the extortion attempts of those years–would now be desperately meeting with his lawyers.

Second, Republicans have unleashed their tactics of extortion against one another.

Donald Trump, their front-running Presidential candidate, has openly threatened to aim violence at Republican delegates who do not accept him as their nominee.

As Philip Klein, the managing editor of the Washington Examiner, recently wrote:

“Political commentators now routinely talk about the riots that would break out in Cleveland if Trump were denied the nomination, about how his supporters have guns and all hell could break loose, that they would burn everything to the ground. It works to Trump’s advantage to not try too hard to dispel these notions.”  

Thus, those who submit to the aggression of criminals only encourage contempt–and increased aggression–from those same criminals.

REPUBLICANS: EXTORTION IS US: PART THREE (OF FOUR)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on March 24, 2016 at 12:30 am

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

President Barack Obama could have countered that danger with the Racketeer Influenced Corrupt Organizations (RICO) Act. Among the crimes it authorizes for prosecution: 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 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.  

President George W. Bush signs the USA Patriot Act into law – October 26, 2001

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 were legally in place. President Obama needed only to direct the Justice Department to apply them.

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

Such prosecutions–and especially convictions–would have served 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, 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.

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

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

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

John F. Kennedy

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 could have sent that same message to the extortionists of the Republican Party.

Yet this was another option he failed to exploit. And he and the Nation have continued to pay the price for it.

In the fall of 2013, Republicans once again threatened to shut down the Federal Government unless the President agreed to defund the Affordable Care Act (ACA), better known as “Obamacare.

They were 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 voted on a short-term government funding bill that included a provision to defund Obamacare.

That provision was a no-go for Senate Democrats and President Obama. If the House and Senate couldn’t reach a compromise, many functions of the federal government would be shut down indefinitely on October 1.

The official reason given by Republicans: They wanted to save the country from bankruptcy–although the Congressional Budget Office stated that the ACA would lower future deficits and Medicare spending.

After passing the House and Senate, the ACA had been signed into law by President Obama on March 23, 2010.

On June 28, 2012, the United States Supreme Court–whose Chief Justice, John Roberts, is a Republican–had upheld the constitutionality of the ACA.

Yet House Republicans continued searching for a way to stop the law from taking effect. By September, 2013, they had voted 42 times to repeal “Obamacare.”

But their efforts had failed; the Democratic-led Senate made it clear it would never go along with such legislation.

Finally, unable to legally overturn the Act or to legislatively repeal it, House Republicans fell back on something much simpler: Threats and fear.

Threats–of voting to shut down salaries paid to most Federal employees. Most, because they themselves would continue to draw hefty salaries while denying them to FBI agents, air traffic controllers and members of the military, among others.

And fear–that would be generated throughout the Federal government, the United States and America’s international allies.

On October 1, 2013, House Republicans made good on their threat. They “shut down the government.”

REPUBLICANS: EXTORTION IS US: PART TWO (OF FOUR)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on March 23, 2016 at 12:01 am

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

Warren Buffett KU Visit.jpg

 Warren 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 was a lie. And so did the editors of Time. The difference between them: 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.”

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 Rep. 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.

Chris Matthews 2011 Shankbone.JPG

Chris Matthews

“Those followers didn’t win the Senate, or the Presidency, just the House. But by using the House they were able to hold up the entire United States government. They threatened to blow things up economically and it worked.

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

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

Related image

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

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

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

But he could have countered that danger via the Racketeer Influenced Corrupt Organizations (RICO) Act.

In 1970, Congress passed RICO, Title 18, United States Code, Sections 1961-1968. Its goal: Destroy the Mafia.

U.S. Department of Justice

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.”

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