bureaucracybusters

Posts Tagged ‘SECOND AMENDMENT’

THE NRA: “GIVE ME THAT GUN-TIME RELIGION”

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on August 26, 2020 at 12:15 am

On February 14, 2018, 19-year-old Nikolas Cruz slaughtered two faculty members and 15 students at Marjory Stoneman Douglas High School in Parkland, Florida.

His weapon of choice: An AR-15 assault rifle, often favored by gun massacre killers.

Eight days later, on February 22, Wayne LaPierre, executive vice president of the National Rifle Association, attacked those he held responsible for the series of massacres plaguing American schools.

And it wasn’t crazed gunmen armed with automatic weapons designed for military use. 

Image result for Images of Wayne LaPierre

Wayne LaPierre

With funerals still being planned for some of the victims, LaPierre blamed “the elites,” “saboteurs” and “new European-style socialists” for this and other gun massacres.

He did so at the Conservative Political Action Conference (C-PAC) in National Harbor, Maryland.

“They hate the NRA, they hate the Second Amendment. They hate individual freedom. In the rush of calls for more government, they have also revealed…their true selves.

“The elites do not care about America’s schoolchildren. If they truly cared, they would protect them. For them, it is not a safety issue. It is a political issue. 

“Their goal is to eliminate the Second Amendment and our firearms freedoms, so they can eradicate all individual freedoms.”

His C-PAC congregation gave him a wild ovation.

And he accused the Democratic party of being “infested with saboteurs who do not believe in capitalism, do not believe in the Constitution, do not believe in our freedom, and do not believe in America as we know it.”

These “saboteurs” were “new European-style socialists.”

Which was ironic: In 2016, the NRA spent $30 million to elect Donald Trump—who fiercely defends Russian Communist dictator Vladimir Putin against the FBI, NSA and CIA.

He then outlined his solution for protecting America’s schoolchildren: Turning schools into virtual concentration camps patrolled by heavily-armed security guards. 

The highlight of LaPierre’s speech came at its close: “And there is no greater personal, individual freedom than the right to keep and bear arms, the right to protect yourself, and the right to survive.

“It is not bestowed by man, but granted by God to all Americans as our American birthright.”

Anyone who’s seen the 1970 sci-fi movie, Beneath the Planet of the Apes, remembers the final scene: Where seemingly normal underground dwellers strip off their human face masks and reveal themselves to be radiation-scarred mutants.

They wear white robes, and stand silently during a sermon or shout “Amen!” in what is clearly a dark parody of a religious service. It’s immediately clear what they are worshiping: An atomic bomb standing upright.

Image result for Images of bomb worshipers in Beneath the Planet of the Apes

And they pay tribute to the engine of obliteration that has destroyed human civilization and brought about a world ruled by apes.

Their leader, Mendez, chants:

“Glory be to the Bomb, and to the Holy Fallout. As it was in the beginning, is now, and ever shall be. World without end. Amen. 

“His sound has gone out to all lands, and his light unto the end of the world.

“Almighty and everlasting Bomb, who came down among us to make Heaven under Earth. Lighten our darkness. O instrument of God—grant us thy peace!”

Reading Wayne LaPierre’s eulogy to the Gun and his passionate invoking of God, it’s easy to re-imagine his giving a slightly altered version of the sermon offered in Beneath the Planet of the Apes. It’s also easy to imagine this taking place during an NRA convention.

WAYNE LAPIERRE: The heavens declare the Glory of the Gun. And the body-count showeth His handiwork.

NRA CONGREGATION: His sound is gone out to all lands; and his Light unto the end of the world.

LAPIEREE: He descendeth from the outermost part of Heaven; and there is nothing hid from the lead thereof. There is neither speech nor language after His voice is heard among them.

CONGREGATION: Praise Him! Praise Him! My Strength and my Redeemer!

LAPIERRE: Glory be to the Gun, and to the Holy Bodycount! As it was in the Beginning, is now and ever shall be, massacres without end. Amen!

CHORUS: Amen! Amen! Amen! Amen!

LAPIERRE: Almighty and Everlasting Gun, who came down among us to make Heaven unto Earth. Lighten our darkness with your muzzle flashes. O instrument of God, grant us They peace.

CHOIR: Almighty Gun, who destroyed all men—to create corpses! Behold His glory!

LAPIERRE: Behold that Truth that abides in us. To reveal that Truth unto that Maker.

LAPIERRE AND NRA CONGREGATION:  I reveal my inmost self unto my God.

CHORUS (singing): Unto my God!

CONGREGATION (singing):

All guns bright and beautiful. All creatures dead with lead.

The good Gun makes us what we are!

He takes out eyes to see with, and lips that might yet speak. How great the Gun Almighty, who has made all things dead. Amen!

WAYNE LAPIERRE: May the Blessing of the Gun Almighty and the fellowship of the Holy Bodycount descend on us all, this night and forevermore! 

* * * * * *  

Gun Violence Breakdown:

  • Every year, 36,000 Americans are killed by guns—about 100 per day.
  • Each year, 100,000 Americans are shot and injured .
  • One-third of gun deaths are homicides.
  • Guns are used in more than 70% of all homicide
  • About a fifth are unintentional shootings.
  • Gun homicides are concentrated in cities—roughly half of all gun homicides occur in urban areas that contain just a quarter of the total US population. 

THE NRA: FACING JUDGMENT FOR THE LEAST OF ITS CRIMES

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

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

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

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

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

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

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

Wayne LaPierre

The lawsuit accuses these officials of:

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

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

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

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

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

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

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

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

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

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

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

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

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

  • For decades, the NRA has peddled deadly weapons to millions, reaped billions of dollars in profits and refused to admit the carnage those weapons have produced: “Guns don’t kill people.  People kill people.”  With guns.
  • It championed the marketing of Teflon-coated “cop killer” bullets capable of piercing the bulletproof vests worn by police officers and targets of assassination.
  • The NRA opposes  removing firearms from violent individuals under active restraining orders for domestic abuse.

  • The NRA has bitterly fought background checks on gun-buyers, in effect granting even criminals and the mentally ill the right to own arsenals of death-dealing weaponry.
  • The NRA has spent millions on slick advertising campaigns to win new members and frighten them into buying guns.
  • The NRA rammed through a Republican-dominated Congress the Protection of Lawful Commerce in Arms Act, (PLCAA). It was signed into law by President George W. Bush in 2005. This has armed the American firearms industry with immunity against lawsuits by victims of mass shootings and gun violence. 

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

  • The NRA has spent millions pushing “Stand Your Ground” laws in more than half the states, which potentially give every citizen a “license to kill.”
  • In 2012, the NRA rushed to defend accused murderer George Zimmerman, the self-appointed “community watchman” who  ignored police orders to stop following 17-year-old Trayvon Martin and ultimately shot him. 
  • The NRA receives millions of dollars from online sales of ammunition, high-capacity ammunition magazines, and other accessories through its point-of-sale Round-Up Program—thus directly profiting by selling a product that kills about 30,288 people a year.

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

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

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

READY TO END GUN MASSACRES? HERE’S HOW.

In Bureaucracy, Business, History, Law, Law Enforcement, Politics, Social commentary on August 6, 2019 at 12:05 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?

Two things:

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 NRA to risk its wrath.

Consider Mitt Romney and 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.

THE NRA’S “GUN-TIME RELIGION” AND ITS “HOLY BODYCOUNT”

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on August 5, 2019 at 1:00 am

On February 14, 2018, 19-year-old Nikolas Cruz slaughtered two faculty members and 15 students at Marjory Stoneman Douglas High School in Parkland, Florida.

His weapon of choice: An AR-15 assault rifle, often favored by gun massacre killers.

Eight days later, on February 22, Wayne LaPierre, executive vice president of the National Rifle Association, attacked those he held responsible for the series of massacres plaguing American schools.

And it wasn’t crazed gunmen armed with automatic weapons designed for military use. 

Image result for Images of Wayne LaPierre

Wayne LaPierre

With funerals still being planned for some of the victims, LaPierre blamed “the elites,” “saboteurs” and “new European-style socialists” for this and other gun massacres.

He did so at the Conservative Political Action Conference (C-PAC) in National Harbor, Maryland.

“They hate the NRA, they hate the Second Amendment. They hate individual freedom. In the rush of calls for more government, they have also revealed…their true selves.

“The elites do not care about America’s schoolchildren. If they truly cared, they would protect them. For them, it is not a safety issue. It is a political issue. 

“Their goal is to eliminate the Second Amendment and our firearms freedoms, so they can eradicate all individual freedoms.”

His C-PAC congregation gave him a wild ovation.

And he accused the Democratic party of being “infested with saboteurs who do not believe in capitalism, do not believe in the Constitution, do not believe in our freedom, and do not believe in America as we know it.”

These “saboteurs” were “new European-style socialists.”

Which was ironic: In 2016, the NRA spent $30 million to elect Donald Trump—who fiercely defends Russian Communist dictator Vladimir Putin against the FBI, NSA and CIA.

He then outlined his solution for protecting America’s schoolchildren: Turning schools into virtual concentration camps patrolled by heavily-armed security guards. 

The highlight of LaPierre’s speech came at its close: “And there is no greater personal, individual freedom than the right to keep and bear arms, the right to protect yourself, and the right to survive.

“It is not bestowed by man, but granted by God to all Americans as our American birthright.”

Anyone who’s seen the 1970 sci-fi movie, Beneath the Planet of the Apes, remembers the final scene: Where seemingly normal underground dwellers strip off their human face masks and reveal themselves to be radiation-scarred mutants.

They wear white robes, and stand silently during a sermon or shout “Amen!” in what is clearly a dark parody of a religious service. It’s immediately clear what they are worshiping: An atomic bomb standing upright.

Image result for Images of bomb worshipers in Beneath the Planet of the Apes

And they pay tribute to the engine of obliteration that has destroyed human civilization and brought about a world ruled by apes.

Their leader, Mendez, chants:

“Glory be to the Bomb, and to the Holy Fallout. As it was in the beginning, is now, and ever shall be. World without end. Amen. 

“His sound has gone out to all lands, and his light unto the end of the world.

“Almighty and everlasting Bomb, who came down among us to make Heaven under Earth. Lighten our darkness. O instrument of God—grant us thy peace!”

Reading Wayne LaPierre’s eulogy to the Gun and his passionate invoking of God, it’s easy to re-imagine his giving a slightly altered version of the sermon offered in Beneath the Planet of the Apes. It’s also easy to imagine this taking place during an NRA convention.

WAYNE LAPIERRE: The heavens declare the Glory of the Gun. And the body-count showeth His handiwork.

NRA CONGREGATION: His sound is gone out to all lands; and his Light unto the end of the world.

WAYNE LAPIEREE: He descendeth from the outermost part of Heaven; and there is nothing hid from the lead thereof. There is neither speech nor language after His voice is heard among them.

NRA CONGREGATION: Praise Him! Praise Him! My Strength and my Redeemer!

WAYNE LAPIERRE: Glory be to the Gun, and to the Holy Bodycount! As it was in the Beginning, is now and ever shall be, massacres without end. Amen!

NRA CHORUS: Amen! Amen! Amen! Amen!

WAYNE LAPIERRE: Almighty and Everlasting Gun, who came down among us to make Heaven unto Earth. Lighten our darkness with your muzzle flashes. O instrument of God, grant us They peace.

NRA CHOIR: Almighty Gun, who destroyed all men—to create corpses! Behold His glory!

WAYNE LAPIERRE: Behold that Truth that abides in us. To reveal that Truth unto that Maker.

WAYNE LAPIERRE AND NRA CONGREGATION:  I reveal my inmost self unto my God.

NRA CHORUS (singing): Unto my God!

NRA CONGREGATION (singing):

All guns bright and beautiful. All creatures dead with lead.

The good Gun makes us what we are!

He takes out eyes to see with, and lips that might yet speak. How great the Gun Almighty, who has made all things dead. Amen!

WAYNE LAPIERRE: May the Blessing of the Gun Almighty and the fellowship of the Holy Bodycount descend on us all, this night and forevermore! 

* * * * * *  

On December 14, 2012, a psychotic gunman using military firepower slaughtered 20 first-graders and six adults at Sandy Hook Elementary School. Since then, at least 2,189 mass shootings have erupted nationwide, with at least 2,475 killed and 9,137 wounded.

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.

THE GOOD GUN MAKES US WHAT WE ARE

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on October 9, 2018 at 2:07 pm

On February 14, 2018, 19-year-old Nikolas Cruz slaughtered two faculty members and 15 students at Marjory Stoneman Douglas High School in Parkland, Florida.

His weapon of choice: An AR-15 assault rifle, often favored by gun massacre killers.

Eight days later, on February 22, Wayne LaPierre, executive vice president of the National Rifle Association, attacked those he held responsible for the series of massacres plaguing American schools.

Image result for Images of Wayne LaPierre

Wayne LaPierre

And it wasn’t crazed gunmen armed with automatic weapons designed for military use. 

With funerals still being planned for some of the victims, LaPierre blamed “the elites,” “saboteurs” and “new European-style socialists” for this and other gun massacres.

He did so at the Conservative Political Action Conference (C-PAC) in National Harbor, Maryland.

“They hate the NRA, they hate the Second Amendment,” said LaPierre, like an Old Testament prophet addressing his fanatical congregation.

“They hate individual freedom. In the rush of calls for more government, they have also revealed…their true selves.

“The elites do not care about America’s schoolchildren. If they truly cared, they would protect them. For them, it is not a safety issue. It is a political issue. 

“Their goal is to eliminate the Second Amendment and our firearms freedoms, so they can eradicate all individual freedoms.”

His C-PAC congregation gave him a wild ovation. 

He then outlined his solution for protecting America’s schoolchildren: Turning schools into virtual concentration camps patrolled by heavily-armed security guards. 

And he accused the Democratic party of being “infested with saboteurs who do not believe in capitalism, do not believe in the Constitution, do not believe in our freedom, and do not believe in America as we know it.”

These “saboteurs” were “new European-style socialists.”

Which was ironic: In 2016, the NRA spent $30 million to elect Donald Trump—who fiercely defends Russian Communist dictator Vladimir Putin against the FBI, NSA and CIA.

But perhaps the highlight of LaPierre’s speech came at its close: “And there is no greater personal, individual freedom than the right to keep and bear arms, the right to protect yourself, and the right to survive.

“It is not bestowed by man, but granted by God to all Americans as our American birthright.”

Anyone who’s seen the 1970 sci-fi movie, Beneath the Planet of the Apes, remembers the final scene: Where seemingly normal underground dwellers strip off their human face masks and reveal themselves to be radiation-scarred mutants.

They wear white robes, and stand silently during a sermon or shout “Amen!” in what is clearly a dark parody of a religious service. It’s immediately clear what they are worshiping: An atomic bomb standing upright.

Image result for Images of bomb worshipers in Beneath the Planet of the Apes

And they pay tribute to the engine of obliteration that has destroyed human civilization and brought about a world ruled by apes.

Their leader, Mendez, chants:

“Glory be to the Bomb, and to the Holy Fallout. As it was in the beginning, is now, and ever shall be. World without end. Amen. 

“His sound has gone out to all lands, and his light unto the end of the world.

“Almighty and everlasting Bomb, who came down among us to make Heaven under Earth. Lighten our darkness. O instrument of God—grant us thy peace!”

Reading Wayne LaPierre’s eulogy to the Gun and his passionate invoking of God, it’s easy to re-imagine his giving a slightly altered version of the sermon offered in Beneath the Planet of the Apes. It’s also easy to imagine this taking place during an NRA convention.

WAYNE LAPIERRE: The heavens declare the glory of the Gun. And the body-count showeth His handiwork.

NRA CONGREGATION: His sound is gone out to all lands; and his Light unto the end of the world.

WAYNE LAPIEREE: He descendeth from the outermost part of Heaven; and there is nothing hid from the lead thereof. There is neither speech nor language after His voice is heard among them.

NRA CONGREGATION: Praise Him! Praise Him! My Strength and my Redeemer!

WAYNE LAPIERRE: Glory be to the Gun, and to the Holy Bodycount! As it was in the Beginning, is now and ever shall be, massacres without end. Amen!

NRA CHORUS: Amen! Amen! Amen! Amen!

WAYNE LAPIERRE: Almighty and everlasting Gun, who came down among us to make Heaven unto Earth. Lighten our darkness with your muzzle flashes. O instrument of God, grant us They peace.

NRA CHOIR: Almighty Gun, who destroyed all men—to create corpses! Behold His glory!

WAYNE LAPIERRE: Behold that Truth that abides in us. To reveal that Truth unto that Maker.

WAYNE LAPIERRE AND NRA CONGREGATION:  I reveal my inmost self unto my God.

NRA CHORUS (singing): Unto my God!

NRA CONGREGATION (singing):

All guns bright and beautiful. All creatures dead with lead.

The good Gun makes us what we are!

He takes out eyes to see with, and lips that might yet speak. How great the Gun Almighty, who has made all things dead. Amen!

WAYNE LAPIERRE: May the Blessing of the Gun Almighty and the fellowship of the Holy Bodycount descend on us all, this night and forevermore! 

* * * * * *  

In 2012, a psychotic gunman slaughtered 20 first-graders and six adults at Sandy Hook Elementary School. Since then, at least 1,862 mass shootings have erupted nationwide,with at least 2,071 killed and 7,852 wounded.

“IT IS NOT I WHO ATE THE LAMB,” SAID THE WOLF

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on September 5, 2018 at 12:03 am

“This November 6 election is very much a referendum on not only me,” President Donald J. Trump told Right-wing Christian leaders at the State Dining Room of the White House.

“There is violence,” Trump said on August 27. “When you look at Antifa—these are violent people. You have tremendous power. You were saying, in this room, you have people who preach to almost 200 million people. Depending on which Sunday we’re talking about.”

Antifa is short for “Anti-Fascist.” It’s an amalgam of anti-Fascist groups which counter-protest white supremacists and neo-Nazis. 

Republicans and Right-wing organizations have long dredged up bogeymen to frighten voters—and convince them that only Republicans can be trusted to protect them.

Related image

Donald Trump

Yet it is Trump who, during the 2016 Presidential campaign, threatened his opponents—Republican and Democrat—with violence if he didn’t get his way.

  • On March 16, 2016, he warned Republicans that if he didn’t win the GOP nomination in July, his supporters would literally riot: “I think you’d have riots. I think you would see problems like you’ve never seen before. I think bad things would happen. I really do. I wouldn’t lead it, but I think bad things would happen.”
  • An NBC reporter summed it up as: “The message to Republicans was clear on [March 16]: ‘Nice convention you got there, shame if something happened to it.'”
  • That Republicans clearly saw this as a threat is undeniable. Paul Ryan, their Speaker of the House, said on March 17: “Nobody should say such things in my opinion because to even address or hint to violence is unacceptable.”
  • And Ohio governor and Republican presidential candidate John Kasich chinned in. “Leaders don’t imply violence,” Kasich told “Face the Nation” on March 20. “When he says that there could be riots, that’s inappropriate. I think you understand that, okay? Secondly, while we have our differences and disagreements, we’re Americans. Americans don’t say, ‘Let’s take to the streets and have violence.'”
  • Philip Klein, the managing editor of the Washington Examiner,  wrote on the eve of the Republican National Convention in July: “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.”
  • On August 9, Trump told a rally in Wilmington, North Carolina: “Hillary [Clinton] wants to abolish, essentially abolish, the Second Amendment. If she gets to pick her [Supreme Court] judges, nothing you can do folks. Although the Second Amendment people, maybe there is, I don’t know.”
  • “Don’t treat this as a political misstep,” Senator Christopher S. Murphy of Connecticut, who has called for stiffer gun laws, wrote on Twitter. “It’s an assassination threat, seriously upping the possibility of a national tragedy & crisis.”
  • “Well, let me say if someone else said that outside of the hall, he’d be in the back of a police wagon now, with the Secret Service questioning him,” said Michael Hayden, former head of the CIA and National Security Agency (NSA). 

Threats of this type continued to be made by Trump supporters right up to the day of the election.

  • On July 29, 2016, Roger Stone, a notorious Right-wing political consultant acting as a Trump strategist, told Breitbart News: “The first thing Trump needs to do is begin talking about [voter fraud] constantly. If there’s voter fraud, this election will be illegitimate, the election of the winner will be illegitimate, we will have a constitutional crisis, widespread civil disobedience, and the government will no longer be the government.”
  • In Cincinnati, a Trump supporter threatened to forcibly remove Clinton from the White House if she won the race: “If she’s in office, I hope we can start a coup. She should be in prison or shot. That’s how I feel about it,” Dan Bowman, a 50-year-old contractor, said of Hillary Clinton, the Democratic nominee. “We’re going to have a revolution and take them out of office if that’s what it takes. There’s going to be a lot of bloodshed. But that’s what it’s going to take….I would do whatever I can for my country.”

“That’s really scary,” said Fergus Cullen, former chairman of the New Hampshire GOP. recounting the violence at Trump rallies around the country leading up to the Republican National Convention. “There’s no telling what his supporters would be willing to do at the slightest encouragement from their candidate,” he said.

Related image

Fergus Cullen

Trump even began encouraging his supporters to act as poll watchers in “other” [non-white] communities to ensure that things are “on the up and up.”

Many of his supporters promised to do so.

“Trump said to watch your precincts. I’m going to go, for sure,” said Steve Webb, a 61-year-old carpenter from Fairfield, Ohio. 

“I’ll look for…well, it’s called racial profiling. Mexicans. Syrians. People who can’t speak American. I’m going to go right up behind them. I’ll do everything legally. I want to see if they are accountable. I’m not going to do anything illegal. I’m going to make them a little bit nervous.” 

So when Trump warns about violence, look for it—from Republicans.

WHY OMAROSA WINS AND LIBERALS LOSE: PART FIVE (END)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on August 24, 2018 at 12:48 am

Omarosa Manigault-Newman has struck a chord of fear in President Donald Trump that rivals the fear he has struck in others.

She has done so by using many of his own tactics against him: Deceit, intimidation, media manipulation.

Syndicated Columnist Mark Shields noted on the August 17 edition of The PBS Newshour: “In a White House where most of the people are recent acquaintances of the president, she goes back longer than anybody, except the president’s daughter. She goes back 15 years. She is a Donald Trump protege and product….

“But what she does, obviously, like Elizabeth Warren, she gets under Donald Trump’s skin. And she has said things that, you know, may be subject to fact-check, but the reality is, she has tape.

“She has tape of Donald Trump groveling before her, pretending that he didn’t know that John Kelly had the day before brought her to the Situation Room…which therefore confirms the suspicion widely held that Donald Trump doesn’t have the stomach for confronting people who work for him, that he lies.  

“And you can see that he obviously is absolutely upset by her, and she’s got everybody in the White House, every male, quaking in his Guccis about those tapes. I can tell you that.”

Related image

David Brooks and Mark Shields

New York Times Columnist David Brooks, speaking on the same episode of The Newshour, outlined why her attacks on Trump have been so effective.

“Well, what’s interesting about her is, she plays by reality show rules. She plays by Trump rules. And most people who go against Trump don’t quite play by his rules. And she plays by his rules, which is no rules, that do whatever you can, it doesn’t matter what the norms and standards are. 

“And taping somebody in the Situation Room is a rather serious offense and, to me, a pretty great betrayal of any—how any White House should work. I mean, if we’re walking around each other in the hallway taping each other, just think about doing that.

“That’s just a betrayal of how normal life should happen….And so she said, they’re going to lie about me, they’re going to screw me, so I’m ready.”

In perhaps the most-quoted passage of The Prince, Niccolo Machiavelli wrote: 

“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 the prince who has relied solely on their words, without making other preparations, is ruined. For the friendship which is gained by purchase and not through grandeur and nobility of spirit is bought but not secured, and at a pinch is not to be expended in your service.”

Portrait of Niccolò Machiavelli by Santi di Tito.jpg

Niccolo Machiavelli

Donald Trump has always used fear to instill and maintain loyalty among his closest associates—and to intimidate his many enemies.

But Machiavelli offers a warning on the uses of fear: 

“Still, a prince should make himself feared in such a way that if he does not gain love, he at any rate avoids hatred, for fear and the absence of hatred may well go together.

“Cruelties ill committed are those which, although at first few, increase rather than diminish with time….In taking a state, the conqueror must arrange to commit all his cruelties at once, so as not to have to recur to them very day, and so as to be able, by not making fresh changes, to reassure people and win them over by benefiting them. 

“Whoever acts otherwise, either through timidity or bad counsels,” warns Machiavelli, “is always obliged to stand with knife in hand, and can never depend on his subjects, because they, owing to continually fresh injuries, are unable to depend upon him.”

From the onset of his Presidency, Trump has violated this warning with a vengeance. And now he is “obliged to stand with knife in hand.”

Omarosa is the first former Trump loyalist to emerge as a fervent Trump critic. And she may have even worse in store for him. 

Warns David Brooks: 

“All sorts of signs are pointing in this direction, that we’re going to wind up with an election where….people are basically going to be voting, when race is a hot button issue, with a man who has a history of bigoted comments, and then voting along those lines.”

With Democratic voters—many of them blacks and Hispanics—energized, Trump’s obvious racism could sweep Republicans from the House of Representatives. 

Omarosa seems determined to make that happen.

%d bloggers like this: