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In Bureaucracy, History, Law Enforcement, Politics, Social commentary on February 6, 2023 at 12:10 am
On January 18, 2016, Daniel Shaver crawled on his hands and knees and begged for his life while facing six armed Arizona police officers.
It didn’t save him.
One of the officers, Philip Brailsford, was carrying an AR-15 rifle with the telltale phrase “You’re Fucked” etched into the weapon.
Shaver couldn’t see the etching. But the humiliating and fear-inspiring commands of Sergeant Charles Langley—captured on a police body camera—were clearly audible.
Shaver, 26, on a work-related trip to Mesa from Granbury, Texas, had been doing rum shots with a woman he had met earlier that day. He had also been showing off a pellet gun he used to take out rodents in his work in pest control.
Daniel Shaver
At some point, a caller informed the Mesa Police Department that a man was pointing a rifle out of a fifth-floor window at a La Quinta Inn.
When officers arrived at the Inn, they ordered Shaver and the woman to come out of the hotel room. They did so and immediately complied with commands from Sergeant Langley.
LANGLEY: Stop right there! Stop! Stop! Get on the ground both of you! Lay down on the ground. Lay down on the ground.
If you make a mistake, another mistake, there is a very severe possibility that you’re both going to get shot. Do you understand? Who else is in the room?
SHAVER: Nobody.
Philip Brailsford
[Langley then asked if they were sober enough to understand his commands. Both Shaver and the woman said they were.]
SHAVER: What—?
LANGLEY: Shut up. I’m not here to be tactful or diplomatic with you. You listen, you obey. For one thing: Did I tell you to move young man?
SHAVER: No.
LANGLEY: Put both hands on the top of your head and interlace your fingers. Take your feet and cross your left foot over your right foot.
Young man, you’re not to move. You’re to put your eyes down and look down at the carpet. You’re to keep your fingers interlaced behind your head. You’re to keep your legs crossed.
If you move we’re going to consider that a threat and we’re going to deal with it and you may not survive.
[Langley ordered the woman to crawl toward him. She did so and was handcuffed off-camera.]
LANGLEY: Young man listen to my instructions and do not make a mistake. You are to keep your legs crossed. Do you understand me?
SHAVER: Yes, sir.
LANGLEY: You are to put both of your hands palms down straight out in front of you, push yourself up to a kneeling position. I said keep your legs crossed! I didn’t say this as a conversation.
[Shaver put his hands behind his back.]
LANGLEY (shouting): I said put your hands up hands in the air! You do that again, we’re shooting you, do you understand?
SHAVER: Please do not shoot me.
LANGLEY: Then listen to my instructions!
SHAVER: I’m trying to do what you say—
LANGLEY: Don’t talk! Listen! Hands straight up in the air! Do not put your hands down for any reason. You think you’re gonna fall, you better fall on your face. Your hands go back into the small of your back or down we are going to shoot you. Do you understand me?
SHAVER: Yes, sir.
LANGLEY: Crawl towards me, crawl towards me.
Shaver started crawling toward Langley and Brailsford, sobbing. At one point, he reached back toward his pants leg—possibly to pull up his shorts.
Suddenly Brailsford opened fire so quickly it sounded like a single shot—although Shaver was struck five times.
Brailsford later claimed he believed that Shaver was reaching for a gun.
The video makes clear that Shaver was thoroughly covered by the officers. Any of them could have approached Shaver while he was prone and handcuffed him.
No gun was found on Shaver’s body. Two pellet rifles used in Shaver’s pest-control job were later found in the hotel room.
In May, 2016, Brailsford was charged with second-degree murder.
On December 7, 2017, after a six week trial, a jury deliberated for less than six hours over two days and acquitted Brailsford of second degree murder as well as of a lesser charge of reckless manslaughter.
“The justice system miserably failed Daniel (Shaver) and his family,” said Mark Geragos, an attorney for Shaver’s widow, Laney Sweet.
The Mesa Police Department fired Brailsford two months after the shooting. In August 2018, he was reinstated, staying for a further 42 days in what the department described as a “budget position”.
The department reimbursed Brailsford for medical expenses related to his claim of post-traumatic stress disorder (PTSD) over the shooting of Shaver and the resultant criminal trial.
The reinstatement allowed Brailsford to apply for “accidental disability” suffered during the course of work. Brailsford was also given a monthly pension of $2,500.
The fact that Brailsford was ultimately medically retired instead of remaining fired was only revealed to the public in July 2019.
Langley retired as a police officer and moved to the Philippines—where police death squads operated under orders from the country’s president, Rodrigo Duterte.
According to a Washington Post database, there were at least 963 fatal police shootings in 2016.
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In Bureaucracy, History, Law, Law Enforcement, Military, Politics, Social commentary on December 27, 2022 at 12:10 am
In January, 2018, the White House banned the use of personal cell phones in the West Wing. The official reason: National security.
The real reason: To prevent staffers from leaking to reporters.
More ominously, well-suited men roamed the halls of the West Wing, carrying devices that pick up signals from phones that aren’t government-issued.
“Did someone forget to put their phone away?” one of the men would ask if such a device was detected. If no one said they had a phone, the detection team started searching the room.
Phone detector
The devices can tell which type of phone is in the room.
This is the sort of behavior Americans have traditionally—and correctly—associated with dictatorships
In his memo outlining the policy, then-Chief of Staff John Kelly warned that anyone who violated the phone ban could be punished, including “being indefinitely prohibited from entering the White House complex.”
Yet even these draconian methods did not end White House leaks.
White House officials still spoke with reporters throughout the day and often aired their grievances, whether about annoying colleagues or competing policy priorities.
Aides with private offices sometimes called reporters on their desk phones. Others got their cell phones and called or texted reporters during lunch breaks.
According to an anonymous White House source: “The cellphone ban is for when people are inside the West Wing, so it really doesn’t do all that much to prevent leaks. If they banned all personal cellphones from the entire [White House] grounds, all that would do is make reporters stay up later because they couldn’t talk to their sources until after 6:30 pm.”
Other sources believed that leaks wouldn’t end unless Trump started firing staffers. But there was always the risk of firing the wrong people. Thus, to protect themselves, those who leaked might well accuse tight-lipped co-workers.
Within the Soviet Union (especially during the reign of Joseph Stalin) fear of secret police surveillance was widespread—and absolutely justified.
Among the methods used to keep conversations secret:
- Turning on the TV or radio to full volume.
- Turning on a water faucet at full blast.
- Turning the dial of a rotary phone to the end—and sticking a pencil in one of the small holes for numbers.
- Standing six to nine feet away from the hung-up receiver.
- Going for “a walk in the woods.”
- Saying nothing sensitive on the phone.
The secret police (known as the Cheka, the NKVD, the MGB, the KGB, and now the FSB) operated on seven working principles:
- Your enemy is hiding.
- Start from the usual suspects.
- Study the young.
- Stop the laughing.
- Rebellion spreads like wildfire.
- Stamp out every spark.
- Order is created by appearance.
Trump has always ruled through bribery and fear. He’s bought off (or tried to) those who might cause him trouble—like porn actress Stormy Daniels. And he’s threatened or filed lawsuits against those he couldn’t or didn’t want to bribe—such as contractors who have worked on various Trump properties.
But Trump couldn’t buy the loyalty of employees working in an atmosphere of hostility—which breeds resentment and fear. And some of them took revenge by sharing with reporters the latest crimes and follies of the Trump administration.
The more Trump waged war on the “cowards and traitors” who worked most closely with him, the more some of them found opportunities to strike back. This inflamed Trump even more—and led him to seek even more repressive methods against his own staffers.
This proved a no-win situation for Trump.
The results were twofold:
- Constant turnovers of staffers—with their replacements having to undergo lengthy background checks before coming on; and
- Continued leaking of embarrassing secrets by resentful employees who stayed.
**********
As host of NBC’s “The Apprentice,” Trump became infamous for booting off contestants with the phrase: “You’re fired.” In fact, he so delighted in using this that, in 2004, he tried to gain trademark ownership of it.
But the U.S. Patent and Trademark Office rejected his application. American copyright law explicitly prohibits copyright protections for short phrases or sayings.
Upon taking office as President, Trump bullied and insulted even White House officials and his own handpicked Cabinet officers. This resulted in an avalanche of firings and resignations.
The first two years of Trump’s White House saw more firings, resignations, and reassignments of top staffers than any other first-term administration in modern history. His Cabinet turnover exceeded that of any other administration in the last 100 years.
In 1934, Soviet dictator Joseph Stalin, seeing imaginary enemies everywhere, ordered a series of purges that lasted right up to the German invasion in 1941.
No one was safe from execution—not even the men who slaughtered as many as 20 to 60 million.
Fittingly, for all the fear he inspired, Stalin was plagued by paranoia. He lived in constant fear of assassination. Although surrounded by bodyguards, he distrusted even them.
Thus Stalin, who had turned the Soviet Union into a vast prison, became its leading prisoner.
Similarly, Donald Trump daily proved the accuracy of the age-old warning: “You can build a throne of bayonets, but you can’t sit on it.”
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In Bureaucracy, History, Law, Law Enforcement, Military, Politics, Social commentary on December 26, 2022 at 12:10 am
Donald Trump has often been compared to Adolf Hitler. But his reign bears far more resemblance to that of Joseph Stalin.
Germany’s Fuhrer, for all his brutality, maintained a relatively stable government by keeping the same men in office—from the day he took power on January 30, 1933, to the day he blew out his brains on April 30, 1945.
Adolf Hitler
Bundesarchiv, Bild 146-1990-048-29A / CC-BY-SA 3.0 [CC BY-SA 3.0 de (https://creativecommons.org/licenses/by-sa/3.0/de/deed.en)%5D
Heinrich Himmler, a former chicken farmer, remained head of the dreaded, black-uniformed Schutzstaffel, or Protection Squads, known as the SS, from 1929 until his suicide in 1945.
In April, 1934, Himmler was appointed assistant chief of the Gestapo (Secret State Police) in Prussia, and from that position he extended his control over the police forces of the whole Reich.
Hermann Goering, an ace fighter pilot in World War 1, served as Reich commissioner for aviation and head of the newly developed Luftwaffe, the German air force, from 1935 to 1945.
And Albert Speer, Hitler’s favorite architect, held that position from 1933 until 1942, when Hitler appointed him Reich Minister of Armaments and War Production. He held that position until the Third Reich collapsed in April, 1945.
Soviet Premier Joseph Stalin, by contrast, purged his ministers constantly. For example: From 1934 to 1953, Stalin had no fewer than three chiefs of his secret police, then named the NKVD:
- Genrikh Yagoda – (July 10, 1934 – September 26, 1936)
- Nikolai Yezhov (September 26, 1936 – November 25, 1938) and
- Lavrenty Beria (November, 1938 – March, 1953).
Stalin purged Yagoda and Yezhov, with both men executed after their arrest.
Joseph Stalin
He reportedly wanted to purge Beria, too, but the latter may have acted first. There has been speculation that Beria slipped warfarin, a blood-thinner often used to kill rats, into Stalin’s drink, causing him to die of a cerebral hemorrhage.
Stalin’s record for slaughter far eclipses that of Hitler.
For almost 30 years, through purges and starvation caused by enforced collections of farmers’ crops, Stalin slaughtered 20 to 60 million people.
The 1930s were a frightening and dangerous time to be alive in the Soviet Union. In 1934, Stalin, seeing imaginary enemies everywhere, ordered a series of purges that lasted right up to the German invasion in 1941.
An example of Stalin’s paranoia occurred one day while the dictator walked through the Kremlin corridors with Admiral Ivan Isakov. Officers of the NKVD (the predecessor to the KGB) stood guard at every corner.
“Every time I walk down the corridors,” said Stalin, “I think: Which one of them is it? If it’s this one, he will shoot me in the back. But if I turn the corner, the next one can shoot me in the face.”
Another Russian-installed tyrant who has sought to rule by fear: President Donald J. Trump.
In fact, he admitted as much to journalist Bob Woodward during the 2016 Presidential race: “Real power is—I don’t even want to use the word—fear.”
Donald Trump
As a Presidential candidate, Trump repeatedly used Twitter to attack hundreds of real and imagined enemies in politics, journalism, TV and films.
As President, he continued to insult virtually everyone, verbally and on Twitter. His targets included Democrats, Republicans, the media, foreign leaders and even members of his Cabinet.
In Russian, the word for “purge” is “chistka,” for “cleansing.” Among the victims of Trump’s recurring chistkas:
- Sally Yates – Assistant United States Attorney General
- James Comey – FBI Director
- Andrew McCabe – FBI Deputy Director
- Jeff Sessions – United States Attorney General
- Rachel Brand – Associate United States Attorney General
- Randolph “Tex” Alles – Director of the United States Secret Service
- Krisjen Nielsen – Secretary of the Department of Homeland Security
In his infamous political treatise, The Prince, Niccolo Machiavelli, the Florentine statesman, asked: “Is it is better to be loved or feared?”
And he answered it thus:
“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….
“And the prince who has relied solely on their words, without making other preparations, is ruined….
“And men have less scruple in offending one who makes himself loved than one who makes himself feared; for love is held by a chain of obligations which, men being selfish, is broken whenever it serves their purpose; but fear is maintained by a dread of punishment which never fails.”
But Machiavelli warned about relying primarily on 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.”
**********
Donald Trump has violated that counsel throughout his life. He not only makes enemies, he revels in doing so—and in the fury he has aroused.
Filled with a poisonous hatred that encompasses almost everyone, Trump, as Presidential candidate and President, repeatedly played to the hatreds of his Right-wing base.
As first-mate Starbuck said of Captain Ahab in Herman Melville’s classic novel, Moby Dick: “He is a champion of darkness.”
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In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on November 10, 2022 at 12:12 am
This December 2 will mark the 21st anniversary of the collapse of Enron Corporation.
Based in Houston, Texas, Enron had employed 22,000 staffers and was one of the world’s leading electricity, natural gas, communications and paper companies.
In 2000, it claimed revenues of nearly $101 billion. Fortune had named Enron “America’s Most Innovative Company” for six consecutive years.
But then the truth emerged in 2001: Enron’s reported profitability was based not on brilliance and innovation but on systematic and creative accounting fraud.
And, on December 2, 2001, Enron filed for bankruptcy under Chapter 11 of the United States Bankruptcy Code.
Enron’s $63.4 billion in assets made it the largest corporate bankruptcy in U.S. history—until WorldCom’s bankruptcy in 2002.
The California electricity crisis (2000-2001) was caused by market manipulations and illegal shutdowns of pipelines by Texas energy companies.
The state suffered from multiple large-scale blackouts. Pacific Gas & Electric, one of the state’s largest energy companies, collapsed, and the economic fall-out greatly harmed Governor Gray Davis’ standing.
The crisis was made possible by Governor Pete Wilson, who had forced the passage of partial de-regulation legislation in 1996.
Enron seized its opportunity to inflate prices and manipulate energy output in California’s spot markets. The crisis cost the state $40 to $45 billion.
The true scandal of Enron was not that it was eventually destroyed by its own greed.
The true scandal was that its leaders were never Federally prosecuted for almost driving California—and the entire Western United States—into bankruptcy.
And it happened during the “liberal” administration of President Bill Clinton.
Once the news broke that Enron had filed for bankruptcy, commentators almost universally oozed compassion for its thousands of employees who would lose their salaries and pensions.
No one, however, condemned the “profits at any cost” dedication of those same employees for pushing California to the brink of ruin.
To put this in historical perspective:
- Imagine a historian writing about the destruction of Hitler’s Schutzstaffel (Guard Detachment), or SS, as a human interest tragedy.
- Imagine its Reichsfuhrer, Heinrich Himmler, being blamed for failing to prevent its collapse—as CEO Kenneth Lay was blamed for Enron’s demise.
- Imagine that same historian completely ignoring the horrific role the SS had played throughout Nazi-occupied countries—and its primary role in slaughtering six million Jews in the Holocaust.
Nor did the media urge the United States Department of Justice to end the extortion via RICO—the Federal Racketeer Influenced Corrupt Organizations Act.
Passed by Congress in 1970, this was originally aimed at the kingpins of the Mafia. Since the mid-1980s, however, RICO has been successfully applied against both terrorist groups and legitimate businesses engaged in criminal activity.
Under RICO, people financially injured by a pattern of criminal activity can bring a claim in State or Federal court, and obtain damages at three times the amount of their actual claim, plus reimbursement for their attorneys’ fees and costs.
Such prosecutions would have pitted energy-extortionists against the full investigative might of the FBI and the sweeping legal authority of the Justice Department.
Consider this selection from the opening of the Act:
(1) “racketeering activity” means (A) any act or threat involving…extortion; (B) any act which is indictable under any of the following provisions of title 18, United States Code: sections 891-894 (relating to extortionate credit transactions), section 1343 (relating to wire fraud)Section 1344 (relating to financial institution fraud), section 1951 (relating to interference with commerce, robbery, or extortion), section 1952 (relating to racketeering)….
Today, two powerful social media companies—Facebook and Twitter—play pivotal and potentially dangerous roles in the lives of millions of men, women and children.
Facebook has invaded its users’ privacy (such as via the Cambridge Analytica data scandal), manipulated elections (such as the 2016 Presidential one) and subjected its users to mass surveillance.
Twitter has allowed trolls to abuse its followers and spread dangerous lies to millions. For five years, its chief troll was Donald Trump, who libeled hundreds while falsely claiming that COVID-19 was a hoax and that he won re-election in 2020 but was cheated by fraud.
Such lies resulted in the deaths of tens of thousands of Americans from COVID—and poisoned the American electoral system for future races.
Yet in both cases, the Federal Government has stood by and allowed such abuses to continue unpunished. Yet it commands a wide range of agencies capable of addressing such abuses—such as the Federal Trade Commission, the Federal Communications Commission and—not least importantly, the Justice Department.
Powerful, life-altering companies require powerful oversight—through the prism of the warning given by Niccolo Machiavelli more than 500 years ago:
All those who have written upon civil institutions demonstrate…that whoever desires to found a state and give it laws, must start with assuming that all men are bad and ever ready to display their vicious nature, whenever they may find occasion for it.
If their evil disposition remains concealed for a time, it must be attributed to some unknown reason; and we must assume that it lacked occasion to show itself. But time, which has been said to be the father of all truth, does not fail to bring it to light.
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In Bureaucracy, Entertainment, History, Politics, Social commentary on May 9, 2022 at 12:10 am
In 1942, two British-trained Czech commandos assassinated SS Obergruppenführer (General) Reinhard Heydrich.
A tall, blond-haired former naval officer, he was both a champion fencer and talented violinist. Heydrich joined the Schutzstaffel, or Protective Squads, better known as the SS, in 1931, and quickly became head of its counterintelligence service.
Reinhard Heycrich
In September, 1941, Heydrich was appointed “Reich Protector” of Czechoslovakia, which had fallen prey to Germany in 1938 but whose citizens were growing restless under Nazi rule.
Heydrich immediately ordered a purge, executing 92 people within the first three days of his arrival in Prague. By February, 1942, 4,000-5,000 people had been arrested.
In January, 1942, Heydrich convened a meeting of high-ranking political and military leaders to streamline “the Final Solution to the Jewish Question.”
At the now-infamous Wannsee conference, Heydrich decreed that, henceforth, all Jews in Reich-occupied territories would be shipped to extermination camps. No exceptions would be made for women, children or the infirm.
An estimated six million Jews were thus slaughtered.
Returning to Prague, Heydrich continued his policy of carrot-and-stick with the Czechs—improving the social security system and requisitioning luxury hotels for middle-class workers, alternating with arrests and executions.
The Czech government-in-exile, headquartered in London, feared that Heydrich’s incentives might lead the Czechs to passively accept domination. They decided to assassinate Heydrich.
Two British-trained Czech commandos—Jan Kubis and Joseph Gabcik—parachuted into Prague.
Unexpectedly, they got help from Heydrich himself. Supremely arrogant, he traveled the same route every day from home to his downtown office and refused to be escorted by armed guards, claiming no one would dare attack him.
On May 27, 1942, Kubis and Gabcik waited at a hairpin turn in the road always taken by Heydrich. When Heydrich’s Mercedes slowed down, Gabcik raised his machinegun–which jammed.
Rising in his seat, Heydrich aimed his revolver at Gabcik—as Kubis lobbed a hand grenade at the car. The explosion drove steel and leather fragments of the car’s upholstery into Heydrich’s diaphragm, spleen and lung.
Hitler dispatched doctors from Berlin to save the Reich Protector. But infection set in, and on June 4, Heydrich died at age 38.
The assassination sent shockwaves through the upper echelons of the Third Reich. No one had dared assault—much less assassinate—a high-ranking Nazi official.
Nazis had slaughtered tens of thousands without hesitation—or fear that the same might happen to them.
Suddenly they realized that the fury they had aroused could be turned against themselves.
Members of the Nazi government
Which brings us to the leaders of America’s own Right-wing.
The names of infamous Nazis were widely known:
- Reichsmarshall Hermann Goering;
- Propaganda Minister Paul Joseph Goebbels;
- Deputy Fuhrer Rudolf Hess;
- Propaganda Film Director Leni Riefenstahl;
- SS-Reichsfuhrer Heinrich Himmler;
- “Hanging Judge” Roland Freisler;
- Architect Albert Speer;
- Foreign Minister Joachim von Ribbentrop;
- SS Obergruoppenfuhrer Reinhard Heydrich; and
- The most infamous Nazi of all: Adolf Hitler.
And so are the names of the infamous leaders of the American Right:
- Senate Minority Leader Mitch McConnell;
- Supreme Court Justice Amy Coney Barrett;
- Texas Senator Ted Cruz;
- Supreme Court Justice Clarence Thomas;
- Commentator Tucker Carlson;
- Supreme Court Justice Neil Gorsuch;
- Evangelist Franklin Graham;
- Supreme Court Justice Brett Kavanaugh;
- Florida Senator Marco Rubio;
- Supreme Court Justice Samuel Alito;
- Florida Governor Ron DeSantis; and
- The most infamous Right-winger of all: Former President Donald Trump.
The difference between these two infamous groups is this:
In Nazi Germany, ordinary Germans could not learn about the personal lives of their dictators—including their home addresses—and to conspire against them.
In the United States, ordinary citizens have an array of means to do this. They can turn to newspapers, TV and magazines. And if that isn’t enough, “people finder” websites, for a modest price, provide addresses and names of relatives of potential targets.
In Nazi Germany, firearms were tightly controlled. In the United States, the Right’s National Rifle Association has successfully lobbied to put lethal firepower into the hands of virtually anyone who wants it.
Which brings us to the firestorm now erupting over the publication of an initial draft majority opinion of the Supreme Court. Backed by the Court’s five Right-wing Justices, it overturns the 1973 Roe v. Wade decision legalizing abortion.
The Supreme Court
In one to two months, millions of women will likely become victims of Right-wing anti-abortion fanaticism.
According to the Center for Reproductive Rights, 23 states will institute bans, with trigger laws on the books in 13 of them. These are bans designed to take effect if Roe is overturned.
Republicans boast that they want to “get the government off the backs of the people.” Yet since 1973 they have furiously tried to re-insert it into the vagina of every American woman.
Interfering with the right to obtain medical care—especially when it applies to sexually-involved matters—is an act guaranteed to arouse fury in even the most pacifistic men and women.
This is especially true when a political party—such as that of the Nazis and Republicans—makes clear its intention to rule by force, rather than by public consent.
Reinhard Heydrich believed himself invulnerable from the hatred of the enemies he had made. That arrogance cost him his life.
The day may soon come when America’s own Right-wingers start learning the same lesson.
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In Bureaucracy, Business, History, Law, Law Enforcement, Politics, Social commentary on May 21, 2021 at 12:09 am
This December 2 will mark the 20th anniversary of the death of a criminal empire. An empire that almost destroyed the Western United States.
The Enron Corporation.
Based in Houston, Texas, Enron had employed 22,000 staffers and was one of the world’s leading electricity, natural gas, communications and paper companies.
In 2000, it claimed revenues of nearly $101 billion. Fortune had named Enron “America’s Most Innovative Company” for six consecutive years.
But then the truth emerged in 2001: Enron’s reported profitability was based not on brilliance and innovation but on systematic and creative accounting fraud.
And, on December 2, 2001, Enron filed for bankruptcy under Chapter 11 of the United States Bankruptcy Code.
Enron’s $63.4 billion in assets made it the largest corporate bankruptcy in U.S. history—until WorldCom’s bankruptcy in 2002.
The California electricity crisis (2000-2001) was caused by extortionate market manipulations and illegal shutdowns of pipelines by Texas energy companies.
California suffered from multiple large-scale blackouts. Pacific Gas & Electric, one of the state’s largest energy companies, collapsed, and the economic fall-out greatly harmed Governor Gray Davis’ standing.
The crisis was made possible by Governor Pete Wilson, who had forced the passage of partial de-regulation legislation in 1996.
Enron seized its opportunity to inflate prices and manipulate energy output in California’s spot markets. The crisis cost the state $40 to $45 billion.
The true scandal of Enron was not that it was eventually destroyed by its own greed.
The true scandal was that its leaders were never Federally prosecuted for almost driving California—and the entire Western United States—into bankruptcy.
Under the pro-oil company administration of George W. Bush, no such prosecutions ever occurred. But Americans had a right to expect such redress under “liberal” President Bill Clinton.
Once the news broke that Enron had filed for bankruptcy, commentators almost universally oozed compassion for its thousands of employees who would lose their salaries and pensions.
No one, however, condemned the “profits at any cost” dedication of those same employees for pushing California to the brink of ruin.
To put this in historical perspective:
- Imagine a historian writing about the destruction of Adolf Hitler’s Schutzstaffel (Guard Detachment), or SS, as a human interest tragedy.
- Imagine its Reichsfuehrer, Heinrich Himmler, being blamed for failing to prevent its collapse—as CEO Kenneth Lay was blamed for Enron’s demise.
- Imagine that same historian completely ignoring the horrific role the SS had played throughout Nazi-occupied countries—and its primary role in slaughtering six million Jews in the Holocaust.
Nor did anyone in the media or government declare that the solution to such extortionate activity lay within the United States Department of Justice via RICO—the Federal Racketeer Influenced Corrupt Organizations Act.
Passed by Congress in 1970, this was originally aimed at the kingpins of the Mafia. Since the mid-1980s, however, RICO has been successfully applied against both terrorist groups and legitimate businesses engaged in criminal activity.
Under RICO, people financially injured by a pattern of criminal activity can bring a claim in State or Federal court, and obtain damages at three times the amount of their actual claim, plus reimbursement for their attorneys’ fees and costs.
Such prosecutions would have pitted energy-extortionists against the full investigative might of the FBI and the sweeping legal authority of the Justice Department.
Consider this selection from the opening of the Act:
(1) “racketeering activity” means (A) any act or threat involving…extortion; (B) any act which is indictable under any of the following provisions of title 18, United States Code: sections 891-894 (relating to extortionate credit transactions), section 1343 (relating to wire fraud)Section 1344 (relating to financial institution fraud), section 1951 (relating to interference with commerce, robbery, or extortion), section 1952 (relating to racketeering)….
With the 20th anniversary of Enron’s demise coming up, the mantra of “de-regulation” should be ruthlessly turned against those who have most ardently championed it.
Republicans have ingeniously dubbed the estate tax—which affects only a tiny minority of ultra-rich—“the death tax.” This makes it appear to affect everyone.
With the 2022 midterm elections fast approaching, Democrats should recast de-regulation thus:
“Greed Relief”
“Greed Protection”
“Legalized Extortion”
And here are some possible slogans:
“The Energy Industry: Giving You the Best Congress Money Can Buy.”
“De-regulation: Let Criminals Be Criminals.”
The coal industry has pumped millions into TV ads touting the non-existent wonders of “clean coal.” And Chevron has spent millions assuring us that all its profits go strictly toward making the world a better place for others. (Presumably not a penny is left for its altruistic executives.)
When faced with such outright lying by the most vested of financial interests, it’s well to recall the warning given by Niccolo Machiavelli more than 500 years ago:
All those who have written upon civil institutions demonstrate…that whoever desires to found a state and give it laws, must start with assuming that all men are bad and ever ready to display their vicious nature, whenever they may find occasion for it.
If their evil disposition remains concealed for a time, it must be attributed to some unknown reason; and we must assume that it lacked occasion to show itself. But time, which has been said to be the father of all truth, does not fail to bring it to light.
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In Bureaucracy, History, Law, Law Enforcement, Military, Politics, Social commentary on November 26, 2020 at 12:14 am
On March 19, 1945, facing certain defeat, Nazi Fuhrer Adolf Hitler ordered a massive “scorched-earth” campaign throughout Germany:
“Destroy all German agriculture, industry, ships, communications, roads, food stuffs, mines, bridges, stores and utility plants!”
If implemented, it would deprive surviving Germans of even the barest necessities after the war.
Opposing him was Albert Speer, his favorite architect and Minister of Armaments.
Albert Speer and Adolf Hitler pouring over architectural plans
But Hitler refused to back down. He gave Speer 24 hours to reconsider his opposition to the order.
The next day, Speer told Hitler: “My Fuhrer, I stand unconditionally behind you!”
“Then all is well,” said Hitler, suddenly with tears in his eyes.
“If I stand unreservedly behind you,” said Speer, “then you must entrust me rather than the Gauleiters [district Party leaders serving as provincial governors] with the implementation of your decree.”
Filled with gratitude, Hitler signed the decree Speer had thoughtfully prepared before their fateful meeting.
By doing so, Hitler unintentionally gave Speer the power to thwart his “scorched earth” order.
Trained as an architect, Speer had joined the Nazi Party in 1931. He met Hitler in 1933, when he presented the Fuhrer with architectural designs for the Nuremberg Rally scheduled for that year.
From then on, Speer became Hitler’s “genius architect” assigned to create buildings meant to last for a thousand years. “If Hitler had been capable of friendship,” Speer said after the war, “I would have been that friend.”
In 1943, Hitler appointed him Minister of Armaments, charged with revitalizing the German war effort.
Nevertheless, Speer now crisscrossed Germany, persuading military leaders and district governors to not destroy the vital facilities that would be needed after the war.
“No other senior National Socialist could have done the job,” writes Randall Hanson, author of Disobeying Hitler: German Resistance After Valkyrie.
“Speer was one of the very few people in the Reich—-perhaps even the only one—with such power to influence actors’ willingness/unwillingness to destroy.”
Despite his later conviction for war crimes at Nuremberg, Speer never regretted his efforts to save Germany from total destruction at the hands of Adolf Hitler.
* * * * *
As the Third Reich came to its fiery end, Adolf Hitler blamed the German people for being “unworthy” of his “genius” and losing the war he had started.
His attitude was: “If I can’t rule Germany, then there won’t be a Germany.”
In his infamous “Nero Order,” he decreed the destruction of everything still remaining–industries, ships, harbors, communications, roads, mines, bridges, stores, utility plants, food stuffs.
Fortunately for Germany, one man—Albert Speer—finally broke ranks with his Fuhrer.
Albert Speer
Risking death, he refused to carry out Hitler’s “scorched earth” order. Even more important, he successfully blocked such destruction and persuaded influential military and civilian leaders to disobey the order as well.
As a result, those targets slated for destruction were spared.
Fast forward 75 years: Facing the end of his Presidency, Donald Trump desperately seeks to remain in power. Having “joked” about being “President-for-Life,” he’s now fighting to make that a reality.
Unlike his 44 predecessors, he rejects the will of the voters and for almost three weeks denied his successor access to the resources he needs to launch a smooth transition.
Donald Trump
Even worse: Instead of showing concern for the country he claims to love, Trump is now relentlessly destroying those institutions that guarantee American freedom and safety:
- The Pentagon
- The CIA
- The FBI
- The Cybersecurity and Infrastructure Security Agency
His attitude clearly is: “If I can’t rule America, there won’t be an America.”
Meanwhile, House and Senate Republicans have embraced his most outrageous lies—or refused to openly refute them—as the COVID-19 pandemic slaughters about 1,000 Americans a day.
Even Republicans who privately admit the Trump era is ending realize that 70 million hate-filled Americans voted for him in 2020. And eagerly await the coming of the next would-be Fuhrer.
They will also eagerly vote out of office any Republican who dares break with the man they worship like a cult leader.
For Congressional Republicans, staying in office—and keeping their power and perks—is their top priority.
On November 25, 2019, CNN political correspondent Jake Tapper interviewed Representative Adam Schiff on Donald Trump’s upcoming impeachment trial for abuse of power and obstruction of Congress.
What would it mean if Republicans uniformly oppose any articles of impeachment against Trump? asked Tapper.
“It will have very long-term consequences, if that’s where we end up,” replied Schiff.
“And if not today, I think Republican members in the future, to their children and their grandchildren, will have to explain why they did nothing in the face of this deeply unethical man who did such damage to the country.”
In the end, only one of 53 Republican Senators—Mitt Romney—dared to vote for impeachment. And he became an instant pariah for it.
On March 18, 1945, Albert Speer, opposing Hitler’s plans to destroy Germany’s infrastructure, addressed a memo to his Fuhrer, in which he wrote: “No one has the right to take the viewpoint that the fate of the German people is tied to his personal fate.”
The country is still waiting for a Republican Albert Speer to step forward and save America from the self-destructive brutalities of its own would-be Fuhrer.
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In Bureaucracy, History, Law, Law Enforcement, Military, Politics, Social commentary on November 25, 2020 at 12:32 am
President Donald Trump may be getting ready to fire his handpicked CIA director.
He believes that Gina Haspel has stonewalled the release of documents supposedly exposing “deep state” plots against his 2016 campaign during the Obama administration.
[In fact, the Obama administration acted entirely within the law during the 2016 Presidential campaign. The FBI has a legal mandate to keep track of subversive activities—especially when they involve members of a Presidential candidate’s campaign.
[On July 9, 2016, high-ranking representatives of the Trump campaign met at Trump Tower with at least two lobbyists with ties to Russian dictator Vladimir Putin.
Gina Haspel
[The participants included:
- Trump’s son, Donald Trump Jr.;
- His son-in-law, Jared Kushner;
- His then-campaign manager, Paul Manafort;
- Natalia Veselnitskaya, a Russian lawyer with ties to Putin; and
- Rinat Akhmetshin, a former Soviet counterintelligence officer suspected of “having ongoing ties to Russian Intelligence.”
[The reason for the meeting: To dig up “dirt” the Russians might have on Hillary Clinton, Trump’s opponent for the White House.]
Trump is also angry at FBI Director Christopher Wray—who replaced James B. Comey in May, 2017. Trump had fired Comey for daring to investigate ties between his 2016 campaign and Russian Intelligence agents.
Christopher Wray
The reason for his anger at Wray: Wray has dared to contradict Trump’s false claims that
- “Rampant voter fraud” was a widespread problem; and
- Antifa poses a greater terrorism danger than white supremacist groups.
During the 2016 Presidential race, Russian propaganda played a major role in convincing millions of Americans to vote for Donald Trump. Social media platforms—especially Facebook and Twitter—were flooded with genuinely fake news to sow discord among Americans and create a pathway for Trump’s election.
Russian President Vladimir Putin, a former KGB officer, had quickly assessed Trump as an egotistical narcissist. By appealing to Trump’s vanity, Putin expected to sharply reduce the military and political threat the United States represented to a resurgent Russia.
So notorious was the role played by Russian hackers in misleading American voters in 2016 that the Department of Homeland Security (DHS) was determined to prevent a repetition in 2020.
The man ultimately tasked with this mission was Chris Krebs, the director of the Cybersecurity and Infrastructure Security Agency run by DHS.
Chris Krebs
Krebs launched a massive effort to counter lies spread by Russians—and Americans—on social media platforms. Among his duties:
- Sharing Intelligence from agencies such as the CIA and National Security Agency with local officials about foreign efforts at election interference.
- Ensuring that domestic voting equipment was secure.
- Attacking domestic information head-on.
As a result, Krebs was widely praised for revamping the department’s cybersecurity efforts and increasing coordination with state and local governments.
By all accounts—except Trump’s—the 2020 election went very smoothly.
On November 17, Trump fired Chris Krebs.
The reason: Krebs had not only countered Russian propaganda lies—he had dared to counter Trump’s as well. For example: He rejected Trump’s claims of widespread voter fraud: There “is no evidence that any voting system deleted or lost votes, changed votes, or was in any way compromised.”
Trump fired Krebs by tweet—and accompanied the outrage with yet another lie:
“The recent statement by Chris Krebs on the security of the 2020 election was highly inaccurate, in that there were massive improprieties and fraud, including dead people voting, poll watchers not allowed into polling locations, glitches in the voting machines which changed votes from Trump to Biden, late voting, and many more. Therefore, effective immediately, Chris Krebs has been terminated as director of the Cybersecurity and Infrastructure Security Agency.”
In a November 17 story on the CNN website, CNN reporters Kaitlan Collins and Paul LeBlanc bluntly concluded:
“[Krebs’] dismissal underscores the lengths Trump is willing to go to punish those who don’t adopt his conspiratorial view of the election.
“Since CNN and other outlets called the race for President-elect Joe Biden, Trump has refused to accept the results, instead pushing baseless conspiracies that his second term is being stolen.
“This includes falsely claiming during an election night address that he had already won reelection, that he had won states that were actually still up in the air at the time and that his opponents were perpetrating a fraud.”
Seventy-five years earlier, on March 19, 1945, facing certain defeat, Adolf Hitler ordered a massive “scorched-earth” campaign throughout Germany.
All German agriculture, industry, ships, communications, roads, food stuffs, mines, bridges, stores and utility plants were to be destroyed.
If implemented, it would deprive the entire German population of even the barest necessities after the war.
Opposing him—at first openly, and later secretly—was Albert Speer, his former architect and now Minister of Armaments.
Speer argued that there must be a future for the German people: “If our enemies wish to destroy us, why help them? We must leave the people something.”
But Hitler refused to back down: “I don’t want to hear any more.”
He gave Speer 24 hours to reconsider his opposition to the order.
Speer could not directly promise to carry out Hitler’s “scorched earth” order. So he gave Hitler a vague answer that essentially committed him to nothing: “My Fuhrer, I stand unconditionally behind you!”
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In Bureaucracy, History, Law, Law Enforcement, Military, Politics, Social commentary on November 24, 2020 at 12:09 am
On November 3, Joe Biden became President-elect of the United States by winning 79,658,000 votes, or 51% of the vote, compared to 73,886,400 votes, or 47.2% of the vote cast for President Donald Trump.
In the Electoral College—which actually determines the winner—the results were even more stunning: 306 votes for Biden, compared with 232 for Trump. It takes 270 votes to be declared the victor.
Joe Biden
Despite this, Trump has steadfastly refused to concede. He has made a series of baseless claims that he was cheated of victory by vote fraud. By illegal aliens being allowed to vote. By a sinister computer program that turned Trump votes into Biden ones.
He has repeatedly filed legal challenges to the vote, claiming himself the victim of massive fraud. This despite the utter lack of evidence of it.
On November 13, nine cases meant to attack President-elect Joe Biden’s win in key states were denied or dropped. A law firm challenging the vote count in Pennsylvania withdrew from the effort.
In Michigan, his attorneys dropped their federal suit to block the certification of Detroit-area ballots.
By November 21, Trump had lost in 30 cases dismissed by judges or withdrawn by his own attorneys.
Meanwhile, top Republicans—such as Vice President Mike Pence and Senate Majority Leader Mitch McConnell—have refused to congratulate Biden as the winner.
Mitch McConnell
In a November 17 analysis, entitled ” “Donald Trump Doesn’t Seem to Want to Do His Job Anymore,” CNN Editor-at-Large Chris Cillizza wrote:
While Trump has relentlessly asserted that he won the 2020 election, “he’s done next to nothing—at least publicly—to suggest he plans to continue doing the job in any serious manner through January 20.”
According to Cillizza, since losing the election, Trump has filled his days with:
- Golfing
- Tweeting
- Making controversial military decisions
- Firing people
Specifically:
Golfing: He played golf at his club in Virginia twice on the weekend of November 14-15. He was golfing the previous weekend, when Joe Biden was declared the winner of the 2020 race by CNN and other media outlets.
Tweeting: He has tweeted numerous lies and conspiracy theories, claiming he won a second term but was cheated by the counting of fraudulent votes. This has let Twitter to flag a large number of his tweets as “inaccurate.”
Making controversial military decisions: The Pentagon signaled it was planning—on Trump’s orders—to withdraw troops from Afghanistan and Iraq. [American forces have been warring with the Taliban in Afghanistan since 2001; they have been warring against Iraqi insurgents since 2003.]
And in a move that is truly frightening: The New York Times reported that Trump asked his top advisers for options to strike at Iran’s nuclear capabilities before he left office. This would embroil the United States in a war that could easily turn nuclear.
Firing people: On November 9, Trump fired Secretary of Defense Mark Esper. Four senior civilian officials have since been fired or resigned—Esper’s chief of staff and the top officials overseeing policy and intelligence. They were replaced with flunkies loyal to Trump personally.
[This was in fact how Adolf Hitler took control of the Wehrmacht.
Adolf Hitler
[Since taking command of Germany in the summer of 1934, Hitler wanted to replace two high-ranking military officials: General Werner von Fritsch and Colonel General Werner von Blomberg. Both were convinced that Hitler’s increasingly aggressive foreign policy was putting Germany on a collision course with war—a war the Fatherland could not win.
[Hitler, in fact, meant to go to war—and despised Fritsch’s and Blomberg’s hesitation to do so. He decided to rid himself of both men.
[On January 12, 1938, Blomberg married Erna Gruhn, with Hitler and Reichsmarshall Hermann Goring attending as witnesses. Soon afterward, Berlin police discovered that Gruhn had a criminal record as a prostitute and had posed for pornographic photographs.
[Marrying a woman with such a background violated the standard of conduct expected of German officers. Hitler saw the scandal as an opportunity to dispose of Blomberg—who was forced to resign.
[Shortly after Blomberg was forced out in disgrace, the SS—Hitler’s private police force—presented Hitler with a file that falsely accused Werner von Fritsch of homosexuality. Fritsch angrily denied the accusation but resigned on February 4, 1938.
[From that point on, Hitler was in de facto command of the German Armed Services.]
Eighty-two years later, on November 3, 2020, President Donald Trump lost the 2020 Presidential election to former Vice President Joe Biden.
But that hasn’t stopped him from behaving as if he—not Biden—will take the oath of President on January 20, 2021.
Besides wreaking havoc on the Pentagon, Trump is reportedly going to fire CIA Director Gina Haspel and FBI Director Christopher Wray.
Trump has accused Haspel of stonewalling the release of documents that would supposedly expose “deep state” plots against Trump’s campaign and transition during the Obama administration.
[In fact, the Obama administration acted entirely within the law during the 2016 Presidential campaign. The FBI has a legal mandate to keep track of subversive activities—especially when they involve members of a Presidential candidate’s campaign.]
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In Bureaucracy, History, Law, Law Enforcement, Military, Politics, Social commentary on November 23, 2020 at 12:34 am
Albert Speer, Minister of Armaments for the Third Reich, was appalled.
His Fuhrer, Adolf Hitler—the man he had idolized for 14 years—had just passed a death sentence on Germany, the nation he claimed to love above all others.
On September 1, 1939, Hitler had triggered World War II with the invasion of Poland. This led to a series of quick, spectacular victories—over Poland, Norway, Denmark and France.
Then, on June 22, 1941, Hitler turned on his ally, the Soviet Union, with which he had signed a non-aggression pact in August, 1939.
It had taken the Wehrmacht six weeks to conquer France. Hitler believed that was how long it would take to defeat the Soviet Union.
German soldiers invading the Soviet Union
Again, a series of spectacular battlefield victories followed—before the Wehrmacht was halted at the gates of Moscow. A year later, still enmeshed in Russia, the turning point came at Stalingrad, with the loss of the elite Sixth Army and 800,000 soldiers.
Starting in 1943, the Red Army slowly but steadily regained ground it had lost—the western half of Russia—and began pushing back the Germans. By March, 1945, it was fighting inside Germany—and heading straight for its capital: Berlin.
On March 19, 1945, facing certain defeat, Hitler ordered a massive “scorched-earth” campaign throughout Germany.
All German agriculture, industry, ships, communications, roads, food stuffs, mines, bridges, stores and utility plants were to be destroyed.
If implemented, it would deprive the entire German population of even the barest necessities after the war. And he entrusted the campaign to Albert Speer, his favorite architect-turned-Minister-of-Armaments.
Click here: Hitler’s “Scorched Earth” Decree and Albert Speer’s Response
Now living in a bunker 50 feet below bomb-shattered Berlin, Hitler gave full vent to his most destructive impulses.
Adolf Hitler addressing boy soldiers as the Third Reich crumbles
“If the war is lost,” Hitler told Speer, “the nation will also perish. This fate is inevitable. There is no necessity to take into consideration the basis which the people will need to continue even a most primitive existence.
“On the contrary, it will be better to destroy these things ourselves, because this nation will have proved to be the weaker one and the future will belong solely to the stronger eastern nation.
“Besides, those who will remain after the battle are only the inferior ones, for the good ones have all been killed.”
Seventy-five years after Adolf Hitler planned the destruction of Germany, Donald Trump now plans the same fate for the United States.
On November 3, Trump lost his bid to win another four years as President of the United States. In the early hours of November 4, he poured out his fury and self-pity in a televised address from the White House:
“Millions and millions of people voted for us tonight, and a very sad group of people is trying to disenfranchise that group of people and we won’t stand for it, we will not stand for it.”
Donald Trump
For a man who had tried—often successfully—to deprive millions of their right to vote, Trump made it clear that he didn’t know what disenfranchisement means.
Sounding like a petulant child whose party has been called off, Trump continued:
“We were getting ready for a big celebration, we were winning everything and all of a sudden it was just called off. The results tonight have been phenomenal…I mean literally we were just all set to get outside and just celebrate something that was so beautiful, so good, such a vote, such a success.”
It was Trump-–not his challenger, former Vice President Joe Biden—who was demanding that the electoral process be halted. And that those votes that had not yet been counted be, in effect, flushed down the toilet.
“The citizens of this country have come out in record numbers, this a record, there’s never been anything like it to support our incredible movement….Most importantly, we’re winning Pennsylvania by a tremendous amount of votes. We’re up 690,000 votes.”
Owing to the Coronavirus pandemic—which Trump had refused to aggressively address from its outset in January—millions of Americans had voted by mail. The idea of standing in Coronavirus-infected lines had not appealed to them. And they believed they could perform their civic duty in a far less dangerous way via the Postal Service.
“These aren’t even close, this is not like, Oh, it’s close. With 64% of the vote in, it’s going to be almost impossible and we’re coming into good Pennsylvania areas where they happen to like your president. We’re winning Michigan…I said ‘Wow, that’s a lot’…
“And we’re winning Wisconsin…so when you take those three states in particular and you take all of the others…and all of a sudden it’s not like we’re up 12 votes and we have 60% left, we won states and all of a sudden, I said, ‘What happened to the election? It’s off.’ And we have all these announcers saying, ‘What’s happened’ and then they said, ‘Ohhh.’”
But this did not alter the reality that Joe Biden became President-elect of the United States by winning 79,106,010 votes, or 51% of the vote.
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A POLICE MURDER WORTHY OF THE SS AND KGB
In Bureaucracy, History, Law Enforcement, Politics, Social commentary on February 6, 2023 at 12:10 amOn January 18, 2016, Daniel Shaver crawled on his hands and knees and begged for his life while facing six armed Arizona police officers.
It didn’t save him.
One of the officers, Philip Brailsford, was carrying an AR-15 rifle with the telltale phrase “You’re Fucked” etched into the weapon.
Shaver couldn’t see the etching. But the humiliating and fear-inspiring commands of Sergeant Charles Langley—captured on a police body camera—were clearly audible.
Shaver, 26, on a work-related trip to Mesa from Granbury, Texas, had been doing rum shots with a woman he had met earlier that day. He had also been showing off a pellet gun he used to take out rodents in his work in pest control.
Daniel Shaver
At some point, a caller informed the Mesa Police Department that a man was pointing a rifle out of a fifth-floor window at a La Quinta Inn.
When officers arrived at the Inn, they ordered Shaver and the woman to come out of the hotel room. They did so and immediately complied with commands from Sergeant Langley.
LANGLEY: Stop right there! Stop! Stop! Get on the ground both of you! Lay down on the ground. Lay down on the ground.
If you make a mistake, another mistake, there is a very severe possibility that you’re both going to get shot. Do you understand? Who else is in the room?
SHAVER: Nobody.
Philip Brailsford
[Langley then asked if they were sober enough to understand his commands. Both Shaver and the woman said they were.]
SHAVER: What—?
LANGLEY: Shut up. I’m not here to be tactful or diplomatic with you. You listen, you obey. For one thing: Did I tell you to move young man?
SHAVER: No.
LANGLEY: Put both hands on the top of your head and interlace your fingers. Take your feet and cross your left foot over your right foot.
Young man, you’re not to move. You’re to put your eyes down and look down at the carpet. You’re to keep your fingers interlaced behind your head. You’re to keep your legs crossed.
If you move we’re going to consider that a threat and we’re going to deal with it and you may not survive.
[Langley ordered the woman to crawl toward him. She did so and was handcuffed off-camera.]
LANGLEY: Young man listen to my instructions and do not make a mistake. You are to keep your legs crossed. Do you understand me?
SHAVER: Yes, sir.
LANGLEY: You are to put both of your hands palms down straight out in front of you, push yourself up to a kneeling position. I said keep your legs crossed! I didn’t say this as a conversation.
[Shaver put his hands behind his back.]
LANGLEY (shouting): I said put your hands up hands in the air! You do that again, we’re shooting you, do you understand?
SHAVER: Please do not shoot me.
LANGLEY: Then listen to my instructions!
SHAVER: I’m trying to do what you say—
LANGLEY: Don’t talk! Listen! Hands straight up in the air! Do not put your hands down for any reason. You think you’re gonna fall, you better fall on your face. Your hands go back into the small of your back or down we are going to shoot you. Do you understand me?
SHAVER: Yes, sir.
LANGLEY: Crawl towards me, crawl towards me.
Shaver started crawling toward Langley and Brailsford, sobbing. At one point, he reached back toward his pants leg—possibly to pull up his shorts.
Suddenly Brailsford opened fire so quickly it sounded like a single shot—although Shaver was struck five times.
Brailsford later claimed he believed that Shaver was reaching for a gun.
The video makes clear that Shaver was thoroughly covered by the officers. Any of them could have approached Shaver while he was prone and handcuffed him.
No gun was found on Shaver’s body. Two pellet rifles used in Shaver’s pest-control job were later found in the hotel room.
In May, 2016, Brailsford was charged with second-degree murder.
On December 7, 2017, after a six week trial, a jury deliberated for less than six hours over two days and acquitted Brailsford of second degree murder as well as of a lesser charge of reckless manslaughter.
“The justice system miserably failed Daniel (Shaver) and his family,” said Mark Geragos, an attorney for Shaver’s widow, Laney Sweet.
The Mesa Police Department fired Brailsford two months after the shooting. In August 2018, he was reinstated, staying for a further 42 days in what the department described as a “budget position”.
The department reimbursed Brailsford for medical expenses related to his claim of post-traumatic stress disorder (PTSD) over the shooting of Shaver and the resultant criminal trial.
The reinstatement allowed Brailsford to apply for “accidental disability” suffered during the course of work. Brailsford was also given a monthly pension of $2,500.
The fact that Brailsford was ultimately medically retired instead of remaining fired was only revealed to the public in July 2019.
Langley retired as a police officer and moved to the Philippines—where police death squads operated under orders from the country’s president, Rodrigo Duterte.
According to a Washington Post database, there were at least 963 fatal police shootings in 2016.
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