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PREVENTING THE COMING DICTATORSHIP: PART FOUR (END)

In Bureaucracy, History, Law, Law Enforcement, Medical, Military, Politics, Social commentary on January 6, 2022 at 12:12 am

On January 6, 2021, thousands of Right-wing Donald Trump supporters—many of them armed—stormed the Capitol Building in Washington, D.C.

After overwhelming the Capitol Police force, they damaged and occupied parts of the building for several hours. Legislators huddled fearfully while National Guard units from several states finally evicted the insurrectionists.  

The Capitol attack marked the first time in American history when a defeated Presidential candidate violently sought to remain in office.

It may also mark a desperately-needed change in the priorities of American law enforcement, which has traditionally focused on Left-wingers—and especially blacks—as the country’s mortal enemies.

Option 2: The Justice Department could begin waging all-out war on Right-wing militia groups planning to unleash violence in 2024. 

Numerous commentators have noted the contrast between the tepid police response to the Capitol attack by white Right-wingers and the brutal crackdown on peaceful liberal blacks protesting the murder of George Floyd in Washington D.C. on June 1, 2020.

U.S. Park Police and National Guard troops used tear gas, rubber bullets, flash-bang grenades, horses, shields and batons to clear protesters from Lafayette Square—so Trump could stage a photo-op at St. John’s Episcopal Church. 

After 9/11, American law enforcement and Intelligence agencies initiated major reforms to focus on Islamic terrorism.

A similar reform effort, focusing on Right-wing terrorism, could include the following:

  • The FBI’s designating Right-wing political and terrorist groups as the Nation’s #1 enemy.  
  • Reviving the FBI’s legendary COINTELPRO (“Counterintelligence Program”) that destroyed the Ku Klux Klan in the late 1960s. Among the methods that can be used:  
  • Turning the Bureau’s powerful arsenal—bugs, wiretaps, informants, SWAT teams—on them.
  • Buying the cooperation of informants within Right-wing organizations.
  • Conducting “black bag jobs” to steal membership lists of of Right-wing organizations.
  • Breaking up the marriages of prominent Right-wingers by circulating rumors of their infidelity among their wives.
  • Informing the employers of known Right-wing terrorists of their employees’ criminal activity, resulting in the firing of untold numbers of them.
  • Contacting the news media to publicize the arrests of prominent Right-wing leaders.
  • When Right-wing terrorists target Federal law enforcement agents and/or their families for harassment or worse, they can be targeted for similar intimidation or removal.

FBI SWAT Team Training - YouTube

FBI SWAT member

A revised COINTELPRO could be supplemented by the following: 

  • Creating tip hotlines for reporting illegal Right-wing activities—and offering rewards for information that leads to arrests.
  • Prosecuting militia groups for violating Federal firearms laws. 
  • Treating calls for the murder of members of Congress—as Georgia Representative Marjorie Taylor Greene has done—as felonies punishable by lengthy imprisonment.
  • Prosecuting Right-wing leaders involved in the treasonous assault on the United States Capitol Building.
  • Prosecuting as “accessories to treason” all those Republican members of Congress who stoked Right-wing anger by lying that the 2020 Presidential election had been stolen from Donald Trump, although every objective news source proved he had lost.
  • Directing the Treasury Department’s Terrorist Finance Tracking Program (TFTP) at fundamentalist Christian churches that finance Right-wing terrorism-–just as it halts the financing of Islamic terrorist groups by Islamic organizations.

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  • Using drones, planes and/or helicopters to provide security against similar Right-wing terror demonstrations—especially in Washington, D.C.
  • Using the Federal Communications Commission to ban Fox News—the Nation’s #1 Right-wing propaganda network—from representing itself as a legitimate news network, and requiring that its stories carry labels warning viewers: “This is Right-wing propaganda, NOT news.”
  • Encouraging victims of Right-wing hate-speech to file libel/slander lawsuits against their abusers—such as the parents of murdered children at Sandy Hook Elementary School successfully did against Alex Jones. 
  • Using Federal anti-terrorist laws to arrest, prosecute and imprison Right-wingers who openly carry firearms and threaten violence, even if states allow such display of firearms. 
  • Seizing the assets of individuals and organizations found guilty of Right-wing terrorism offenses. 

Option 3: The “Caligula Solution.” 

Like Donald Trump, the Roman emperor Gaius Caligula delighted in humiliating others. His fatal mistake was taunting Cassius Chaerea, a member of his own bodyguard. 

On January 22 41 A.D. Chaerea and several other bodyguards hacked Caligula to death with swords before other guards could save him.

Trump has similarly behaved arrogantly toward his Secret Service guards.

  • He forced them to work without pay during his 35-day government shutdown in 2018.
  • He also forced them to accompany him to COVID-infected states—both during the Presidential campaign and afterward.
  • Many of them have been stricken with this often lethal disease as a result.

Even as an ex-President, Trump continues to insult anyone who challenges him. This includes not only Democrats but Republicans he feels don’t pay him sufficient homage—or, worse, dare to oppose him for the party’s 2024 Presidential nomination.

At the same time, he publicly exposes himself to a potential assassin virtually every day. And the mere presence of bodyguards is no guarantee against assassination. 

Presidential candidate George C. Wallace was shot and paralyzed by a gunman while mingling with supporters in a Maryland shopping center in 1972. And President Ronald Reagan was shot and almost killed in 1981 while walking to his bulletproof limousine in Washington, D.C.

Both men were under protection by the U.S. Secret Service at the time. 

PREVENTING THE COMING DICTATORSHIP: PART THREE (OF FOUR)

In Bureaucracy, Law, Law Enforcement, Medical, Military, Social commentary on January 5, 2022 at 12:16 am

Can a Republican coup—or a Republican-inspired civil war—be prevented? 

In theory, yes—if the administration of President Joseph Biden is willing to use the same methods America has applied against foreign enemies.

Option 1: The Justice Department could wage all-out war on state and Federal Republican politicians plotting to subvert American democracy. 

By December 14, 2021—11 months after the January 6 attack on the United States Capitol—more than 726 Stormtrumper rioters had been arrested and charged.

Yet no major Donald Trump supporter has been arrested, let alone criminally indicted.

  • NOT Trump’s attorney, Rudy Giuliani, who cried to the demonstrators, “Let’s have trial by combat!”
  • NOT Donald Trump, Jr., who, just hours before the Trump mob stormed Congress, threatened Republican lawmakers at a large rally outside the White House: “These guys better fight for Trump. Because if they’re not, guess what? I’m going to be in your backyard in a couple of months!”
  • And, above all, NOT Donald Trump. He not only incited his followers to attack the Capitol, he has spent the last year spreading poisonous lies that the 2020 election was “stolen” from him through “massive” voter fraud. As a result, he continues to undermine the democratic process as he terrorizes the Republican party to stand behind him.

Had anyone but a President orchestrated such an attack on Congress, the Justice Department would have come down on him with a vengeance. 

Obstructing Congressional or administrative proceedings is a Federal offense. According to 18 U.S.C 1505: It’s a felony, punishable by imprisonment of five to eight years if domestic or international terrorism is involved.

Before a prosecution can be initiated, three essential conditions must be met:

  1. There must be a proceeding pending before a department or agency of the United States.
  2. The defendant must know that a proceeding was occurring.
  3. S/he must have intentionally tried to “corruptly” influence, obstruct or impede the pending proceeding.

Every one of the men and women who stormed the Capitol Building stands guilty of violating U.S.C. 1505.

And so do those who egged them on—such as Missouri Rep. Mo Brooks and Missouri Senator Josh Hawley.

Still other Republican Congressional members played a coup-supporting role in trying to overturn the results of a legitimate Presidential election.

Hours after the Capitol attack, 147 Republicans who hid during the attempted coup returned to the House and Senate floors and voted just as Trump wanted them to: To overturn the election results in his favor, based on lies about widespread voter fraud.

The Justice Department could charge every one of these Congressional members as an accessory to terrorism under the USA Patriot Act for “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.”

United States Department of Justice

Had this happened early in 2021—by March or April at the latest—this would have sent a message that even the most ardent Trump supporters would have understood.

In addition, this would have deprived Republicans of the numerical power to obstruct the legislative agenda of the Joseph Biden administration.

Those members indicted would have been forced to spend most of their time strategizing with their attorneys to stay out of prison. They would have been forced to pony up huge legal fees—which would have had to come from funds intended for re-election campaigns.

(Contrary to popular belief, indictment—or even a felony conviction—of a member of Congress does not force him to vacate his seat.)

Option 2: The Justice Department could begin waging all-out war on Right-wing militia groups planning to unleash violence in 2024. 

According to American political scientist George Michael: “Right-wing terrorism and violence has a long history in America.”

The Supreme Court’s decision, in Brown v. Board of Education (1954), striking down segregated facilities, unleashed a wave of Ku Klux Klan violence against blacks, civil rights activists and Jews. Between 1956 and 1963, an estimated 130 bombings ravaged the South. 

File:KKK-Flag.svg - Wikimedia Commons

Ku Klux Klan flag

During the 1980s, more than 75 Right-wing extremists were prosecuted in the United States for acts of terrorism, carrying out six attacks.

The April 19, 1995 attack on the Alfred P. Murrah Federal Building in Oklahoma City by Timothy McVeigh and Terry Nichols killed 168 people. It was the deadliest act of domestic terrorism in the history of the United States until 9/11.

By 2020, Right-wing terrorism accounted for the majority of terrorist attacks and plots in the United States. A 2017 Government Accountability Office report stated that Right-wing extremist groups were responsible for 73% of violent extremist incidents resulting in deaths since September 12, 2001.

Right-wing violence rose sharply during the Barack Obama administration and especially during the Presidency of Donald Trump. His remark after the 2017 Unite the Right rally in Charlottesville, Virginia, that there were “some very fine people on both sides” convinced white supremacists that he favored their goals, if not their methods.

On January 6, 2021, thousands of Right-wing Donald Trump supporters—many of them armed—stormed the Capitol Building in Washington, D.C.

U.S. Congress Under Attack, Trump Supporters Enter Capitol Building - YouTube

Their goal: To stop members of Congress from counting Electoral Votes cast in the 2020 Presidential election, from which former Vice President Joseph R. Biden was expected to emerge the winner. 

PREVENTING THE COMING DICTATORSHIP: PART TWO (OF FOUR)

In Bureaucracy, History, Law, Law Enforcement, Medical, Military, Politics, Social commentary on January 4, 2022 at 12:54 am

“For more than a year now, with tacit and explicit support from their party’s national leaders, state Republican operatives have been building an apparatus of election theft. Elected officials in Arizona, Texas, Georgia, Pennsylvania, Wisconsin, Michigan, and other states have studied Donald Trump’s crusade to overturn the 2020 election.”

So opened a frightening, December 9, 2021 article in The Atlantic: “Trump’s Next Coup Has Already Begun.” 

Wrote Barton Gellman:    

“They have noted the points of failure and have taken concrete steps to avoid failure next time. Some of them have rewritten statutes to seize partisan control of decisions about which ballots to count and which to discard, which results to certify and which to reject.

“They are driving out or stripping power from election officials who refused to go along with the plot last November, aiming to replace them with exponents of the Big Lie. They are fine-tuning a legal argument that purports to allow state legislators to override the choice of the voters.”

Can this be pre-empted?  

In theory, yes—provided those in the administration of President Joseph Biden are willing to use the same methods America has applied against foreign enemies.

Option 1: The Justice Department could wage all-out war on state and Federal Republican politicians plotting to subvert American democracy.  

Seal of the United States Department of Justice.svg

Seal of the Justice Department

The place to start would be with former President Donald Trump. 

On January 6, 2021, he incited—on TV—thousands of his fanatical supporters to storm the United States Capitol Building where Electoral College votes in the 2020 Presidential election were being counted.  

Trump knew that former Vice President Joseph Biden had received more Electoral College votes than he had—306 to 232. 

And he wanted that vote-count stopped—thus allowing him to remain in office as “President-for-Life.”

For weeks Trump had ordered his legions of Right-wing Stormtrumpers to descend on Washington, D.C. on January 6. 

On December 20, 2020, he had tweeted: “Statistically impossible to have lost the 2020 Election. Big protest in DC on January 6th. Be there, will be wild!” 

In tweets, he promoted the rally again on December 27 and 30, and January 1.

Thus, through his lies, he had aroused the fury of his Right-wing supporters.

It would take only his command to send it hurtling at his perceived enemies: Those who would dare elect Joseph Biden in his place.

Melania Trump 'disappointed' by Trump supporters' Capitol riot - ABC7 Chicago

Donald Trump addresses his Stormtrumpers 

On January 6, Trump appeared at the Ellipse, a 52-acre park south of the White House fence and north of Constitution Avenue and the National Mall in Washington, D.C.

A stage had been set up for him to address tens of thousands of his supporters, who eagerly awaited him. NEXT UP: How the Justice Department can prosecute Trump-supporting Republican politicians.  

Trump ordered them to march on the Capitol building to express their anger at the voting process and to intimidate their elected officials to reject the results: 

“And after this, we’re going to walk down and I’ll be there with you. We’re going to walk down to the Capitol. And we’re going to cheer on our brave Senators and Congressmen and women and we’re probably not going to be cheering so much for some of them.

“Because you’ll never take back our country with weakness. You have to show strength and you have to be strong. We have come to demand that Congress do the right thing and only count the electors who have been lawfully slated.”

The Stormtrumpers marched to the United States Capitol—and quickly overwhelmed Capitol Police.

  • Members of the mob attacked police with chemical agents or lead pipes. 
  • Many  of  the  lawmakers’  office buildings were occupied  and  vandalized—including  that  of House Speaker Nancy Pelosi, a favorite Right-wing target.
  • Shouts of “Hang Pence!” and “Hang Pelosi!” often rang out. 
  • According to CBS News, more than 150 officers were injured in the attack.
  • Several rioters carried plastic handcuffs, possibly intending to take hostages.
  • Others carried treasonous Confederate flags.  

These are some of the high-profile figures who were seen storming the US Capitol

Stormtrumpers scaling Capitol Building walls

After more than three hours, police—using riot gear, shields and batons—retook control of the Capitol. 

And Trump?  After giving his inflammatory speech, he returned to the White House to watch his handiwork on television. Although he received multiple pleas to publicly call for his supporter to stand down, he refused to do so.

Eleven months later—by December 14—more than 726 Stormtrumper rioters had been arrested and charged.

Yet no major Trump supporter has been arrested, let alone indicted.

  • NOT Trump’s attorney, Rudy Giuliani, who cried to the demonstrators, “Let’s have trial by combat!”
  • NOT Donald Trump, Jr., who, just hours before the Trump mob stormed Congress, threatened Republican lawmakers at a large rally outside the White House: “These guys better fight for Trump. Because if they’re not, guess what? I’m going to be in your backyard in a couple of months!”
  • And, above all, NOT Donald Trump. He not only incited his followers to attack the Capitol, he has spent the last year spreading poisonous lies that the 2020 election was “stolen” from him through “massive” voter fraud. To this day, he continues to undermine the democratic process as he terrorizes the Republican party to stand behind him.

NEXT UP: How to prosecute Trump-supporting Republican politicians.  

PREVENTING THE COMING DICTATORSHIP: PART ONE (OF FOUR)

In Bureaucracy, History, Law, Law Enforcement, Medical, Military, Politics, Social commentary on January 3, 2022 at 12:11 am

If a second American Civil War erupts, it will be vastly different from the first one.

The first one lasted from 1861 to 1865. It pitted 13 Southern states against 19 fighting for the Union. 

The Southern states consisted of: South Carolina, Mississippi, Florida, Alabama, Georgia, Louisiana, Texas, Virginia, Arkansas, Tennessee, North Carolina, Kentucky and Missouri. 

The states fighting for the Union consisted of: Maine, New York, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, Pennsylvania, New Jersey, Ohio, Indiana, Illinois, Kansas, Michigan, Wisconsin, Minnesota, Iowa, California, Nevada, and Oregon.

Map of U.S. showing two kinds of Union states, two phases of secession and territories

Civil War America

Júlio Reis, CC BY-SA 3.0 <https://creativecommons.org/licenses/by-sa/3.0&gt;, via Wikimedia Commons

It’s estimated that 750,000 Americans lost their lives during the Civil War—110,000 Union soldiers died in battle as opposed to 258,000 Confederates

The overwhelming reason for the war: Slavery. Southern states wanted to preserve it. Northern ones wanted to abolish it. And, in 1860, Northern states had elected Abraham Lincoln—an anti-slavery candidate—the 16th President of the United States.

But the blunt truth remained: Lincoln had no authority to abolish slavery—which had been legally upheld by the United States Supreme Court. And, in his Inaugural Address, he said exactly that:

“I have no purpose, directly or indirectly, to interfere with the institution of slavery in the States where it exists. I believe I have no lawful right to do so, and I have no inclination to do so.”

But he warned that he would not allow the Union to be peacefully dissolved. “We cannot separate. …The Union….will constitutionally defend, and maintain itself.

“In your hands, my dissatisfied fellow countrymen, and not in mine, is the momentous issue of civil war. The government will not assail you. You can have no conflict, without being yourselves the aggressors.”

A bearded Abraham Lincoln showing his head and shoulders

Abraham Lincoln

Ultimately, the South wanted to secede from the Union to preserve its “peculiar institution.” It did not seek to conquer the North and made no military moves against it—until April 12, 1861. 

That was when Confederate batteries in South Carolina’s Charleston Harbor opened fire on Union Fort Sumter. The next day, the fort surrendered. 

The attack led directly to the outbreak of the American Civil War, which lasted until April 9, 1865. Confederate general Robert E. Lee surrendered the Army of Northern Virginia to Union general Ulysses S. Grant at Appomattox Court House. 

A second Civil War would erupt with an entirely different goal in mind. Republican states do not want to be “left alone” by Washington and/or Democratic-controlled states. They want to rule Democratically-controlled states from Washington.

And their populations believe that, through Donald Trump, they can achieve just such control. 

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Donald Trump

To achieve victory in the 2024 Presidential election, legislators in Republican-controlled states are now working to nullify the votes of millions of Democratic voters

Thousands—or millions—of votes will be thrown away, to ensure that the Democratic winner will be declared the loser. The Republican loser will be certified president-elect.

According to a December 9, 2021 article in The Atlantic“Trump’s Next Coup Has Already Begun”-–while those who believe in democracy are blissfully ignoring the approaching threat:

Democrats, big and small D, are not behaving as if they believe the threat is real. Some of them, including President Joe Biden, have taken passing rhetorical notice, but their attention wanders. They are making a grievous mistake.”

“The democratic emergency is already here,” says Richard L. Hasen, a professor of law and political science at UC Irvine. “We face a serious risk that American democracy as we know it will come to an end in 2024, but urgent action is not happening.”

And retiring journalist Brian Williams echoes this fear:

“My biggest worry is for my country. I’m not a liberal or a conservative. I’m an institutionalist. I believe in this place. And in my love of my country I yield to no one, but the darkness on the edge of town has spread to the main roads and highways and neighborhoods. It’s now at the local bar and the bowling alley, the school broad and the grocery store. It must be acknowledged and answered for.

“Grown men and women who swore an oath to our constitution, elected by our constituents, possessing the kinds of college degrees I can only dream of, have decided to join the mob and become something they are not, while hoping we somehow forget who they were. They’ve decided to burn it all down with us inside. That should scare you to no end as much as it scares an aging volunteer fireman.” 

Brian Williams is leaving MSNBC. What's next? - CNN Video

Brian Williams

From The Atlantic

“For more than a year now, with tacit and explicit support from their party’s national leaders, state Republican operatives have been building an apparatus of election theft. Elected officials in Arizona, Texas, Georgia, Pennsylvania, Wisconsin, Michigan, and other states have studied Donald Trump’s crusade to overturn the 2020 election.

“They have noted the points of failure and have taken concrete steps to avoid failure next time. Some of them have rewritten statutes to seize partisan control of decisions about which ballots to count and which to discard, which results to certify and which to reject.” 

NEXT UP: How the coming Donald Trump dictatorship can be prevented.

THE TRUTH ABOUT LIARS

In Bureaucracy, History, Law, Politics, Social commentary on July 5, 2019 at 12:05 am

Ernest Hemingway was right: “Fascism is a lie told by bullies.” 

Thus:

  • “The Holocaust never happened.” 
  • “The Sandy Hook massacre never happened.” 
  • “The MAGAbomber is a Democrat who’s mailing letter-bombs to make Republicans look bad.” 

These are among the lies regularly hurled by “lunatic fringe” Right-wingers—and, more importantly, “mainstream” Republicans.

Many liberals—such as those who regularly take to Facebook—believe Right-wingers simply lack correct information.

According to this viewpoint: If only Right-wingers knew the truth about such matters as:

  • The millions slaughtered during the Holocaust;
  • The horrific massacre at Sandy Hook Elementary School; and
  • The pro-Trump motives of the MAGAbomber

they would be telling the truth.

There are two motives behind such blatant lying—and mere ignorance is not one of them. 

Motive #1: Right-wingers don’t want to admit the truth about events most people instinctively believe are evil.

Right-wingers intuitively know that shoving huge numbers of naked men, women and children into gas chambers is the arch-example of evil. And so is spraying scores of bullets into scores of helpless men, women and children in churches, nightclubs and schools.

They know they can’t convince decent people that such atrocities are really acts of humanity. So it’s easier (for them) to simply deny that they actually happened.

The tobacco industry paved the way for such arguments. 

The Tobacco Institute—a trade association created in 1958 to pose as a “smoking research” center—cast doubt on scientific studies linking smoking with lung cancer, emphysema and heart disease.

Tobacco Institute ad

Its premise: “We really don’t know if smoking causes cancer. We need more studies to make certain.”

And, for the Tobacco Institute, there could never be enough studies to prove that smoking was a thoroughly deadly habit—that reaped billions of dollars every year for the tobacco industry.

Motive #2: Right-wingers claim Right-wing atrocities didn’t happen to put the victims of such atrocities on the defensive.

This, too, was a major aim of the tobacco industry. By constantly demanding “Prove to us that smoking is deadly” and then arrogantly dismissing all evidence put forward, tobacco executives put the onus on their opponents.

Thus, after the MAGAbomber was arrested and his van was found plastered with pro-Trump stickers, Right-wingers reflexively seized on a series of lies to “cleanse” themselves.

Lies such as: 

  • “He’s a liberal put up to it by other liberals.”
  • “The bombs were fake, to stir up sympathy for liberals before the November elections.”  

Consider:

  • Right-wing talk-show host Rush Limbaugh: “Would it make a lot of sense for a Democrat operative or Democrat-inculcated lunatic to do it? Because things are not working out the way they thought.”
  • Right-wing propagandist Dinesh D’Souza: “I hear the FBI squeezed lemon juice on the suspicious packages and a very faint lettering revealed a single word: DEMOCRATS.”

Totally ignored was the truth that Cesar Sayoc had mailed pipe-bombs to 10 prominent Democrats—including two former Presidents and a former First Lady. 

FBI Director Christopher Wray—a Trump appointee after the firing of James Comey in May, 2017—publicly stated that the bombs were real: “Though we’re still analyzing these devices in our laboratory, these were not hoax devices.”

Chris Wray official photo.jpg

Christopher Wray

So how did Right-wingers react to Wray’s no-nonsense rebuttal of Right-wing conspiracy lies?

With more lies.

They attacked the FBI as part of the “deep state” determined to thwart and, if possible, impeach Donald Trump.

According to one Rightist theory: The FBI made the bombs and sent them out to implicate some poor Trump supporter—if not the President himself.

Fortunately, there is at least a partial solution to such lies: Lawsuits based on the truth.

On August 1, 2018, families of four students and two educators who died in the Sandy Hook Elementary School massacre filed a defamation lawsuit against Right-wing broadcaster and conspiracy theorist Alex Jones,

Jones hosts The Alex Jones Show from Austin, Texas. He had claimed the mass shooting was fake.  

Twenty children and six adults were killed in the December 14, 2012, attack by 20-year-old Adam Lanza. 

On his program in January, 2015, he said: “Sandy Hook is a synthetic completely fake with actors, in my view, manufactured. I couldn’t believe it at first. I knew they had actors there, clearly, but I thought they killed some real kids. And it just shows how bold they are, that they clearly used actors.”

Alex Jones Portrait (cropped).jpg

Alex Jones

Michael Zimmermann [CC BY-SA 4.0 (https://creativecommons.org/licenses/by-sa/4.0)%5D

Jones has also accused the U.S. government of faking the 1969 moon landing footage and planning the Oklahoma City bombing and the September 11 attacks.

According to the complaint: 

“The Jones defendants concoct elaborate and false paranoia-tinged conspiracy theories because it moves product and they make money. Not because they truly believe what they are saying, but rather because it increases profits.” 

Thus, a reasonable person would understand that Jones meant the massacre was staged and the deaths were fabricated.

So how did Jones respond to the lawsuit?  

With more lies.

“This is all out of context….And it’s not even what I said or my intent,” he said. “I’m not going to get into the real defects of this, I’m going to wait until it’s thrown out with prejudice.”

JUDGMENT DAY FOR AMERICA’S DEATH-DEALERS: PART THREE (END)

In Bureaucracy, History, Law, Law Enforcement, Military, Politics, Social commentary on March 27, 2019 at 12:13 am

“The victims of the violence are black and white, rich and poor, young and old, famous and unknown. They are, most important of all, human beings whom other human beings loved and needed. No one—no matter where he lives or what he does— can be certain who will suffer from some senseless act of bloodshed. And yet it goes on and on.”

–Robert F. Kennedy, April 4, 1968

Senator Robert F. Kennedy announcing the murder of Dr. Martin Luther King, Jr.

What should the surviving victims of gun massacres do to seek redress?

And how can the relatives and friends of those who didn’t survive seek justice for those they loved?

As far back as 2012, this writer posed those questions. And offered the following solution.

But only now has a court—the Connecticut Supreme Court—made this remedy possible.

First, don’t count on politicians to support a ban on assault weapons.

Politicians—with rare exceptions—have only two goals:

  1. Get elected to office, and
  2. Stay in office.

And too many of them fear the economic and voting clout of the National Rifle Association (NRA) to risk its wrath.

Consider Republican Presidential Nominee Mitt Romney and then-President Barack Obama.

Both rushed to offer condolences to the surviving victims of the massacre at the Century 16 Theater in Aurora, Colorado, on July 20, 2012.

And both steadfastly refused to even discuss gun control—let alone support a ban on the type of assault weapons used by James Holmes, leaving 12 dead and 58 wounded.

Second, those who survived the massacre—and the relatives and friends of those who didn’t—should file wrongful death, class-action lawsuits against the NRA.

There is sound, legal precedent for this.

  • For decades, the American tobacco industry peddled death and disability to millions and reaped billions of dollars in profits.
  • The industry vigorously claimed there was no evidence that smoking caused cancer, heart disease, emphysema or any other ailment.

  • Tobacco companies spent billions on slick advertising campaigns to win new smokers and attack medical warnings about the dangers of smoking.
  • Tobacco companies spent millions to elect compliant politicians and block anti-smoking legislation.
  • From 1954 to 1994, over 800 private lawsuits were filed against tobacco companies in state courts. But only two plaintiffs prevailed, and both of those decisions were reversed on appeal.
  • In 1994, amidst great pessimism, Mississippi Attorney General Mike Moore filed a lawsuit against the tobacco industry. But other states soon followed, ultimately growing to 46.
  • Their goal: To seek monetary, equitable and injunctive relief under various consumer-protection and anti-trust laws.
  • The theory underlying these lawsuits was: Cigarettes produced by the tobacco industry created health problems among the population, which badly strained the states’ public healthcare systems.
  • In 1998, the states settled their Medicaid lawsuits against the tobacco industry for recovery of their tobacco-related, health-care costs. In return, they exempted the companies from private lawsuits for tobacco-related injuries.
  • The companies agreed to curtail or cease certain marketing practices. They also agreed to pay, forever, annual payments to the states to compensate some of the medical costs for patients with smoking-related illnesses.

The parallels with the NRA are obvious:

  • For decades, the NRA has peddled deadly weapons to millions, reaped billions of dollars in profits and refused to admit the carnage those weapons have produced: “Guns don’t kill people.  People kill people.”  With guns.

  • The NRA has bitterly fought background checks on gun-buyers, in effect granting even criminals and the mentally ill the right to own arsenals of death-dealing weaponry.
  • The NRA has spent millions on slick advertising campaigns to win new members and frighten them into buying guns.

  • The NRA has spent millions on political contributions to block gun-control legislation.
  • The NRA has spent millions attacking political candidates and elected officials who warned about the dangers of unrestricted access to assault and/or concealed weapons.

  • The NRA has spent millions pushing “Stand Your Ground” laws in more than half the states, which potentially give every citizen a “license to kill.”
  • The NRA receives millions of dollars from online sales of ammunition, high-capacity ammunition magazines, and other accessories through its point-of-sale Round-Up Program—thus directly profiting by selling a product that kills about 30,288 people a year.

  • Firearms made indiscriminately available through NRA lobbying have filled hospitals with casualties, and have thus badly strained the states’ public healthcare systems.

It will take a series of highly expensive and well-publicized lawsuits to significantly weaken the NRA, financially and politically.

The first ones will have to be brought by the surviving victims of gun violence—and by the friends and families of those who did not survive it. Only they will have the courage and motivation to take such a risk.

As with the cases first brought against tobacco companies, there will be losses.  And the NRA will rejoice with each one.

But, in time, state Attorneys General will see the clear parallels between lawsuits filed against those who peddle death by cigarette and those who peddle death by armor-piercing bullet.

And then the NRA—like the tobacco industry—will face an adversary wealthy enough to stand up for the rights of the gun industry’s own victims.

Only then will those politicians supporting reasonable gun controls dare to stand up for the victims of these needless tragedies.

JUDGMENT DAY FOR AMERICA’S DEATH-DEALERS: PART TWO (OF THREE)

In Bureaucracy, History, Law, Military, Politics, Social commentary on March 26, 2019 at 12:11 am

Weapons manufacturers are the only companies in the United States that cannot be sued for the deaths and injuries their products cause.

This is because The Protection of Lawful Commerce in Arms Act, or PLCAA, immunizes the American firearms industry against lawsuits by victims of mass shootings and gun violence.

Rammed through a Republican-dominated Congress in 2005 by the National Rifle Association (NRA), it was signed into law by President George W. Bush. 

But on March 15, 2019, the Supreme Court of Connecticut ruled that families of schoolchildren gunned down in the 2012 Sandy Hook Elementary School massacre could sue Remington Outdoor Co Inc., over its marketing of military-style Bushmaster weapons to civilians.

The Court ruled that the victims’ families had the right to sue Remington under the Connecticut Unfair Trade Practices Act (CUTPA).

Among the ads that Remington ran to promote its military-style AR-15 Bushmaster rifle: 

  • “Truly the most versatile and adaptive rifle ever conceived, it was born of a collaborative effort between Bushmaster, Magpul and Remington to create the ultimate military combat weapons system.”
  • A photo of a Bushmaster with its barrel facing the reader, with the caption: “CONSIDER YOUR MAN CARD REISSUED.” 
  • A photo of a Bushmaster, alongside the slogan: “Forces of opposition, bow down. You are single-handedly outnumbered.”
  • “ONE RIFLE. MANY MISSIONS. THE REVOLUTIONARY, FULLY MODULAR REMINGTON ACR (ADAPTIVE COMBAT RIFLE).”

Image result for Images of Remington AR-15 Bushmaster rifle

Remington AR-15 Bushmaster

“The defendants knowingly marketed, advertised, and promoted the XM15-E2S for civilians to use to carry out offensive, military style combat missions against their perceived enemies,” alleges the Newtown lawsuit.

And the Justices ruled that, “such use of the XM15-E2S, or any weapon for that matter, would be illegal, and Connecticut law does not permit advertisements that promote or encourage violent, criminal behavior.

“We are confident… that, if there were credible allegations that a firearms seller had run explicit advertisements depicting and glorifying school shootings, and promoted its products in video games, such as ‘School Shooting,’ that glorify and reward such unlawful conduct, and if a troubled young man who watched those advertisements and played those games were inspired thereby to commit a terrible crime like the ones involved in the Sandy Hook massacre, then even the most ardent sponsors of PLCAA would not have wanted to bar a consumer protection lawsuit seeking to hold the supplier accountable for the injuries wrought by such unscrupulous marketing practices.”

Image result for Images of Connecticut Supreme Court Building

Connecticut Supreme Court Building

Said David Wheeler, father of a Sandy Hook victim: “There is a reason why this particular consumer product is the one that is used by people who want to inflict the most damage, and we have seen it time and time again since my son and his classmates were killed. That reason very likely potentially resides in the documents that we have been unable to look at until now.”

“The families’ goal has always been to shed light on Remington’s calculated and profit-driven strategy to expand the AR-15 market and court high-risk users, all at the expense of Americans’ safety,” said Josh Koskoff, one of the lawyers for the victims’ families, “Today’s decision is a critical step toward achieving that goal.” 

“This is a landmark and potentially historic ruling,” said Adam Winkler, a UCLA Law School professor who specializes in constitutional law. “While all this decision does is allow a case to go forward, in broader terms it really opens up a new avenue for holding gunmakers responsible.”

More importantly, the ruling could spur similar suits in other states. “This could prompt further such suits not only for cases of mass shootings, but individual ones as well,” Winkler said.

The decision by the Connecticut Supreme Court wasn’t unanimous. Three of its seven justices dissented.

The case now goes back to the lower court for further proceedings and a possible trial.

Opinion remains divided over its chances for success.

According to National Public Radio: “The suit is a high-stakes challenge to gun companies, which have rarely been held liable for crimes committed with their products, and could mark a new front in the battle over gun regulations and corporate accountability.

“An eventual ruling against Remington could establish legal precedent, opening doors for more lawsuits against gun manufacturers, and expose the company’s communications about its marketing plans.” 

Noted The Root: “While federal judges remain split on which laws apply to firearm manufacturers, Connecticut judges have drawn a line in the sand. While U.S. Supreme Court intervention on behalf of Remington is a distinct possibility, Connecticut’s decision could inspire lawmakers and lawyers to take a hard look at PLCAA.”  

“The larger implications of this are that the Connecticut Supreme Court has just blown a giant hole in the PLCAA and in federal immunity for firearms manufacturers,” said Timothy Lytton, a law professor at Georgia State University.

Lytton predicted that the United States Supreme Court would be likely to take up the case: “What we’re talking about here is the interpretation of a federal statute and that falls squarely in the jurisdiction of the [United States] Supreme Court.”

A spokeswoman for the National Rifle Association declined to comment. 

JUDGMENT DAY FOR AMERICA’S DEATH-DEALERS: PART ONE (OF THREE)

In Bureaucracy, History, Law, Law Enforcement, Military, Politics, Social commentary on March 25, 2019 at 1:38 am

It had happened before—all too often before:

  • Midnight vigils for the victims of yet another spree-killer.
  • Makeshift memorials of flowers, candles and teddy bears.
  • Grief counselors for students at elementary, junior high and high schools.
  • And, of course, the inevitable question: “Why?”

Americans had seen it all before—too many times before: 

  • After the San Ysidro McDonald’s shootings, 1984: 21 dead, 19 wounded.
  • After the 101 California Street shootings in San Francisco, 1993: 9 dead, 6 injured.
  • After the Columbine High School shootings in Colorado, 1999: 15 dead, 21 wounded.
  • After the Virginia Tech shootings, 2007: 32 dead, 23 wounded.
  • After the Tucson shooting of Rep. Gabrielle Giffords, 2011: 6 dead, 13 wounded.
  • After the massacre at the Century 16 Theater in Aurora, Colorado, 2012: 12 dead, 58 wounded.

And then, on December 14, 2012, Adam Lanza, a mentally unstable, 20-year-old gunman, shot and killed his sleeping mother, Nancy, as she lay in bed at home.

Then he drove his mother’s car to Sandy Hook Elementary School, in Newtown, Connecticut, and slaughtered 20 school children aged six and seven and six adult staff. 

His weapon of choice: A Remington AR-15 Bushmaster rifle, a semi-automatic civilian version of the U.S. military’s M-16.

A fanatical gun collector, Nancy Lanza had turned the house she shared with her son into a virtual arsenal:

  • Izhmash Saiga 12-gauge semiautomatic shotgun
  • Bushmaster Model XM15-E2S .223-caliber semiautomatic rifle
  • Glock 20 10mm semiautomatic handgun
  • Sig Sauer P226 9mm semiautomatic handgun 
  • Savage Mark II bolt-action .22-caliber rifle
  • Enfield Albian bolt-action .323-caliber rifle
  • Volcanic .22-caliber starter pistol. 

Of the firearms listed above, Lanza used the first four (italicized) to carry out the Sandy Hook massacre.  

Stockpiles of ammunition for all of these weapons were later found by police as they searched the house. 

Related image

Adam Lanza

Yet Adam Lanza’s mentally unbalanced condition should have barred him from possessing even a single firearm.

A report issued by the Office of the Child Advocate in November, 2014, noted that Lanza had Asperger’s syndrome. As a teenager he had suffered from anxiety, depression and obsessive-compulsive disorder.

The report concluded: “His severe and deteriorating internalized mental health problems…. combined with an atypical preoccupation with violence….(and) access to deadly weapons…. proved a recipe for mass murder.”

On the day of the massacre, Adam Lanza chose his firearms with care. 

He shot his defenseless mother four times in the head with a Savage Mark II .22-caliber rifle, a bolt-action firearm that can accept a 10-round magazine. But for his planned massacre at Sandy Hook, he chose semiautomatic weapons with detachable ammunition magazines. 

Of all the weapons Lanza carried to Sandy Hook, the Bushmaster XM15-E2S proved the most lethal: A semiautomatic rifle that can be equipped with 30-round magazines, which allows the shooter to cut down on the number of times he has to reload.

In the past, countless Americans had responded to the latest gun outrage with “sending thoughts and prayers.” 

But, this time, there would be a different response to this latest slaughter.

In February, 2014, nine families of the victims in the Sandy Hook massacre filed a lawsuit against the gun manufacturer, Remington Outdoor Co Inc., over its marketing of military-style Bushmaster weapons. 

In October, 2016, the Connecticut Superior Court dismissed the case based on a federal law that protects the gun industry from liability.

Rammed through a Republican-dominated Congress by the National Rifle Association (NRA), the Protection of Lawful Commerce in Arms Act, or PLCAA, was signed into law by President George W. Bush in 2005. Since then, it has armed the American firearms industry with immunity against lawsuits by victims of mass shootings and gun violence.

But on March 15, 2019, the Connecticut Supreme Court ruled that families of Sandy Hook victims could sue Remington Outdoor Co Inc.

The families asserted that Remington, along with a gun wholesaler and local retailer, were partially responsible for the carnage because they marketed the weapon based on its militaristic appeal.

For the first time in American history, victims of gun violence have won the legal right to hold gun makers accountable for the devastation caused by their products.

“The perception for the gun industry is: ‘We can’t get sued,’” said Josh Koskoff, a Connecticut attorney representing families of the Newtown massacre. “‘We can be as unethical and as wild and aggressive in the marketing as we want.’”

The families had sued Remington by citing the legal doctrine of negligent entrustment. This has been used in such cases as when someone lends a car to a high-risk driver who then causes an accident.

But the Supreme Court rejected that theory. Instead, it ruled that the families could bring their claims under the consumer protection statute. 

The court said that state unfair-trade-practices law allows anyone who’s suffered a financial loss from such activities to sue “regardless of whether they had a business relationship with the person or entity that engaged in the prohibited practice.”

“Once we accept the premise that Congress did not intend to immunize firearms suppliers who engage in truly unethical and irresponsible marketing practices promoting criminal conduct … it falls to a jury to decide whether the promotional schemes alleged in the present case rise to the level of illegal trade practices and whether fault for the tragedy can be laid at their feet,” the judges said.

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