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Posts Tagged ‘THE HUFFINGTON POST’

THE EVIL THAT POLITICIANS DO

In Bureaucracy, History, Law, Politics, Social commentary on February 1, 2016 at 12:01 am

Yes, like a toxic waste plant that spews out poison every four years, it’s Presidential primary time for the Republican party.

And its two most radical and ruthless candidates for President are flinging slime with gusto.  

Rafael “Ted” Cruz, the United States Senator from Texas, has accused his rival, billionaire businessman Donald Trump, of having “New York values.”

And during the January 14th Republican Presidential debate in South Carolina, he defined these as:

“Everyone understands that the values in New York City are socially liberal, pro-abortion, pro-gay marriage and focus on money and the media.”  

Among Right-wingers, “liberal,” “pro-abortion” and “pro-gay” are the ultimate in insults.

But Donald Trump was quick to respond with an explosive charge of his own: Rafael Cruz is not an American citizen–and therefore not eligible to be President.  

What made this accusation so effective was Cruz’ having been born outside the United States–in Calgary, Alberta, Canada, to an American mother and a Cuban father.

Ted Cruz, official portrait, 113th Congress.jpg

Rafael “Ted” Cruz

The U.S. Constitution specifically states that “No person except a natural born citizen…shall be eligible to the office of President.”  

Cruz has argued that because his mother was an American, he became an American citizen at birth. But courts have never ruled on the issue of what constitutes a “natural-born” citizen.  

And, at a campaign event in Nashua, New Hampshire, Trump smacked Cruz with an even more incendiary attack:  

“Ted Cruz may not be a US citizen, right? But he’s an anchor baby. No, Ted Cruz is an anchor baby in Canada. But Canada doesn’t accept anchor babies.”  

“Anchor baby” is a Politically Incorrect term for usually poor, non-white aliens entering the United States to have a child born on American soil, which grants automatic citizenship.  

And if the child is a citizen, its parents stand an excellent chance of being allowed to stay.  

Trump asserts that children born in the United States to illegal aliens are not American citizens, as they are today considered under the law.

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Donald Trump

At first, the issue of Cruz’ eligibility seemed confined to Republican politicians and those likely to vote for them. But then others outside the Right began weighing in.  

Mary McManamon, a Constitutional law professor at Widener University’s Delaware Law School, concluded in an Op-Ed for The Washington Post:

“Sen. Ted Cruz (R-Tex.) is not a natural-born citizen and therefore is not eligible to be president or vice president of the United States.”

How did this all start? With the ultimate target of Republican hatred–Barack Obama.

Ever since Obama became a Presidential candidate in 2008, Republicans have accused him of being ineligible to hold office.

Without a political scandal (such as Bill Clinton’s affair with Monica Lewinsky) to fasten on, the Republican party opted for slander: Obama was born in Kenya–not Honolulu–and thus was not an American citizen.  

From this there could be only one conclusion: He would be an illegitimate President, and should be removed from office if elected.  

And this smear campaign continued after he won the 2008 election. Right-wingers like Trump insisted that Obama “prove” his citizenship fitness to hold office.  

During his first two years in office, Obama tried to ignore the charge.

But polls repeatedly showed that large segments of the country believed it. Finally, even Obama’s closest advisers warned him: You must address this and put it to rest.  

So, on April 27, 2011, the President released the long-form version of his Hawaii birth certificate.

The long-form version of President Obama’s birth certificate

For the vast majority of Americans, this settled the issue. In 2012, to the fury of Republicans, Obama won a second, four-year term.

Fast forward to the 2016 Presidential race.  

Donald Trump, seeking to destroy his foremost rival, lobs the “anchor baby” charge against Rafael Cruz. 

To most Americans, this conjures up the image of poor Mexicans flooding across the United States border to apply for welfare.

It’s a highly effective way to inflame the elderly, white voters who make up the base of the Republican party.

But it’s also guaranteed to inflame millions of Hispanic Americans–those who are here legally as well as those who are here illegally.  

The Republican party has long earned the hatred and distrust of most Hispanic Americans through its calls to “seal off the border” and deport Hispanic illegal aliens.

And, in 2012, millions of Hispanics gave President Obama a second term.  

So long as Cruz stays in the race, Trump will continue to use the “birther” issue against him. And it will continue to dog him, as it did Obama.  

But it will continue to anger most of the 55 millions Hispanics living within the United States.  

The votes of elderly whites command the attention of Republican primary candidates. But Hispanic voters will play a decisive role in the general election.

Thus, Republicans may come to regret their use of the “birther” issue as they learn the truth of Shakespeare’s line: “The evil that men do lives after them.”

NO SENSE OF DECENCY

In Bureaucracy, History, Social commentary on January 29, 2016 at 12:53 am

“Senator, may we not drop this?…You’ve done enough.  Have you no sense of decency, sir?  At long last, have you left no sense of decency?”

The speaker was Joseph N. Welch, chief counsel for the United States Army–then under investigation by Joseph McCarthy’s Senate Permanent Subcommittee on Investigations for alleged Communist activities.

It was June 9, 1954, the 30th day of the Army-McCarthy hearings.

And it was the pivotal moment that finally destroyed the career of the Wisconsin Senator whose repeated slanders of Communist subversion had bullied and frightened Americans for four years.

Joseph McCarthy

When the Senate gallery erupted in applause, McCarthy–totally surprised at his sudden reversal of fortune–was finished.

Today, however, other Americans should be asking themselves the question asked by Welch: “At long last, have you left no sense of decency?”

Americans like Rick Santorum, Republican Presidential candidate in 2016.

Rick Santorum

As a United States Senator from Pennsylvania (1997-2005) and a 2012 Presidential candidate, Santorum fervently sought to ban legalized abortion–even in rape cases. Also on his list of banned items: birth control.

Abortion and birth control, said Santorum, were an affront to “the way things ought to be.”  As decided, of course, by Santorum.

But this did not stop him from marrying, in 1990, a woman–Karen Garver–who had spent six years as the unmarried bedmate of an OBGYN-abortionist named Tom Allen, who was 40 years her senior.

Today, as Mrs. Santorum, she has totally reversed her view on abortion and wants to see it banned.

Then there’s 2016 Presidential candidate Ted Cruz.

U.S. Senator Ted Cruz (R-Texas) 

As a Republican United States Senator from Texas, Cruz voted–three times–against providing federal aid for the victims of Hurricane Sandy.

The October, 2012, hurricane killed about 150 people and caused an estimated $75 billion worth of damages across the Northeast.

But when a fertilizer plant exploded in West, McLennan County, Texas, on April 17, 2013, Cruz vowed that he would seek “all available resources” to assist its victims.

The blast killed 13 people, wounded about 200 others, and caused extensive damage to surrounding homes.

It didn’t matter to Cruz that:

  • The facility hadn’t been expected by the Labor Department’s Occupational Safety and Health Administration (OSHA) since 1985, when the company was find $30; and
  • The plant had been storing 1,350 times the amount of ammonium nitrate that would normally trigger safety oversight by the U.S. Department of Homeland Security (DHS.).

Then there’s Donald Trump, the egocentric businessman and “reality star of NBC’s “The Apprentice,” who, likewise, has thrown his hat into the 2016 Presidential race.

Donald Trump

On April 17, 2011, toying with the idea of entering the 2012 Presidential race, Trump said this about Mitt Romney, the former Massachusetts governor and front-runner GOP candidate:

“He’d buy companies, he’d close companies.  He’d get rid of jobs.  I’ve built a great company.  I’m a much bigger businessman and have a much, much bigger net worth.  I mean, my net worth is many, many, many times Mitt Romney.

“Mitt Romney is a basically small-business guy, if you really think about it. He was a hedge fund.  He was a funds guy.  He walked away with some money from a very good company that he didn’t create.  he worked there.  He didn’t create it.”

Trump added that Bain Capital, the hedge fund where Romney made millions of dollars before running for governor, didn’t create any jobs. Whereas Trump claimed that he–Trump–had created “hundreds of thousands of jobs.”

So at least some observers must have been puzzled when Trump announced, on February 2, 2012: “It’s my honor, real honor and privilege, to endorse Mitt Romney” for President.

“Mitt is tough.  He’s smart.  He’s sharp. He’s not going to allow bad things to continue to happen to this country that we all love.  So, Governor Romney, go out and get ’em.  You can do it,” said Trump.

Mitt Romney

And Romney, in turn, had his own swooning-girl moment: “I’m so honored to have his endorsement.  There are some things that you just can’t imagine in your life. This is one of them.”

Clearly, the word “hypocrisy” means nothing to Santorum, Cruz and Trump. But it should mean something to the rest of us.

In samurai Japan, officials who publicly disgraced themselves knew what to do. The samurai code of Bushido told them when they had crossed the line into eternal damnation.

And it gave them a way to redeem their lost honor–seppuku.  With a small “belly-cutting” knife and the help of a trusted assistant who sliced off their head to spare them the agonizing pain of disembowelment.

Seppuku 

In the armies of America and Europe, the method was slightly different: A pistol in a private room.

Considering the ready availability of firearms among Right-wing Republicans, redeeming lost honor shouldn’t be a problem for any of these men.

But of course it will be.  It takes more than a trigger pull to “do the right thing.  It takes insight to recognize that you’ve “done the wrong thing.”  And it takes courage to act on that insight.

In men who live only for their own egos and wallets, such insight and courage will be forever missing.  They are beyond redemption.

Their lives give proof to the warning offered in Matthew 7:17-20:

“Even so every good tree bringeth forth good fruit; but a corrupt tree bringeth forth evil fruit.  A good tree cannot bring forth evil fruit, neither can a corrupt tree bring forth good fruit.

“Every tree that bringeth not forth good fruit is hewn down, and cast into the fire. Wherefore by their fruits ye shall know them.”

SCREEN CRIMINALS AND REAL ONES: PART TWO (OF THREE)

In Bureaucracy, Entertainment, History, Law Enforcement on January 20, 2016 at 12:02 am

Actor Sean Penn believes the Mexican Government wants to put him at risk by convincing Joaquin “El Chapo” (“Shorty”) Guzman that Penn played a role—deliberately or negligently—in his capture.

“We know the Mexican government, they clearly were humiliated by the notion that someone found him before they did,” Penn told interviewer Charlie Rose.

“Nobody found him before they did.  We are not smarter than the DEA, or Mexican Intelligence.  We had a contact upon which we were able to facilitate an invitation.”

By “we” Penn meant himself and Mexican actress Kate del Castillo, who had actually arranged the meeting.

Kate del Castillo at the 2012 Imagen Awards.jpg

 Actress Kate del Castillo

“They wanted to encourage the cartel to put you in their crosshairs?” Rose asked.

“Yes,” Penn answered.

This is entirely possible.  Guzman’s escape from a “maximum security” prison in July, 2015, had proved internationally embarrassing for the Mexican Government

Even more embarrassing: He escaped through a mile-long tunnel that literally led to his cell.  Almost certainly this happened with the collusion of some prison guards.

Penn–and del Castillo–could face dangers from at least three groups.

Danger #1: El Chapo

Already there is evidence that “El Chapo” regrets having given an interview to Penn and del Castillo in the Mexican jungle on October 2, 2015.

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Sean Penn

Published in Rolling Stone on January 9, the article contained such Guzman boasts as:

“I supply more heroin, methamphetamine, cocaine and marijuana than anyone else in the world.  I have a fleet of submarines, airplanes, trucks and boats.”

Juan Pablo Badillo, one of Guzman’s attorneys, has since claimed that the article contains falsehoods:

“It’s a lie, absurd speculation from Mr. Penn. Mr. Penn should be called to testify to respond about the stupidities he has said.

“He [Guzman] could not have made these claims. Mr. Guzman is a very serious man, very intelligent.”

This could spell danger for Penn and del Castillo. Guzman is responsible for the deaths of thousands of rivals, journalists and police.

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Among the witnesses to the drug cartels’ savagery is Michael Levine, a 25-year veteran of the Drug Enforcement Administration and the author of Deep Cover: Mexican Government Drug Corruption From the Inside.

“Depending on what the cartels and/or the many corrupt Mexican cops and Mexican government officials believe El Chapo divulged during the interview, Penn, and whomever else was present, may be in more physical danger than he could ever imagine,” said Levine.

An anonymous law enforcement official said that not only could Penn be in danger, but so could his entire family.

“It won’t happen now.  They [the cartels] wait.  Him or people close to him are in danger.  They don’t single out the one person.  They go for the person’s family.

“He poked his head into a nest of vipers with an amazing global reach. He was a fool.  As public as Penn is, he will be a sitting duck.”

Danger #2: Guzman’s Competitors in the Drug Trade

“The problem with dealing with someone like Guzman on this personal basis, where one is perceived as a ‘friend’ or an aide or a business partner of sorts to Chapo, is that you have to be prepared to inherit all his enemies, and there are many,” warned Michael Levine.

“These are some very kill-crazy people. The notoriety gained by killing someone like Penn or even del Castillo will actually turn these bastards on.

“It’s a step into the dark world of the kill crazies.  Believe me it is there, and unwittingly these two may have stepped into a world where there is an actual competition to kill them,” said Levine, who has dealt face-to-face with Latin American drug lords.

Danger #3: Wannabe Cartel Members

Countless men–in Mexico and the United States–would love to “do El Chapo a favor” by gunning down Penn and/or del Castillo.

This could happen even if Guzman harbors no ill will toward either.  It would be enough for someone to simply believe that he did.

An additional motive: The fame–or infamy–that the assassin of a “big celebrity” like Penn would receive.  John Lennon died at the hands of such a fame-obsessed, psychotic gunman.

This means that literally anyone could be a potential assassin–making it that much harder to defend against.

When clients enter the Justice Department’s Witness Security Program, they are quickly asked: “Who do you think poses the biggest threat to you?”

Deputy U.S. marshals, who operate the program, assume that a witness is the best judge of who poses the greatest danger to him.

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Witness Security Program protection detail

This works well when a witness is unknown and testifying against someone who is equally unknown to the public.

But when a witness is notorious–such as Sammy “The Bull” Gravano–and the defendant is equally infamous–such as John Gotti–all bets are off.

Of course, Federally-protected witnesses have two advantages going for them that Penn and del Castillo do not:

First, they are protected by the U.S. Marshals Service, which has an excellent track record in protecting its charges; and

Second, they are expected to assume a low profile, which serves as their best protection.

Sean Penn and Kate del Castillo aren’t Federally-protected witnesses. And they’re unlikely to assume a low profile by going into hiding.

SCREEN CRIMINALS AND REAL ONES: PART ONE (OF THREE)

In Bureaucracy, Entertainment, History, Law Enforcement on January 19, 2016 at 1:25 am

Actor Sean Penn is used to being a tough guy–onscreen.  

In 2006, he played real-life mobster Mickey Cohen (1913 – 1976) in Gangster Squad.  And in 2013, he played Willie Stark, a corrupt, Huey Long-type Southern governor in a remake of All the King’s Men.

As Cohen, Penn put out contracts on his enemies and even went mano-o-mano in a long-running (and fictional) fistfight with an LAPD detective.

And as Stark, he clawed his way to power and bullied both his enemies and his supporters.

Perhaps Penn should have paid more attention to the way those movies ended.

Sean Penn by Sachyn Mital (cropped).jpg

Sean Penn

Mickey Cohen goes to prison, where he is brutally waylaid by other inmates.

And Willie Stark, at the height of his power, is shot by a longtime enemy.

Had he thought about it, he might have decided it could be a mistake to meet with Joaquin “El Chapo” (“Shorty”) Guzman, the notorious Mexican drug lord.

On October 2, 2015, Penn met with Guzman in an undisclosed location in the Mexican jungle.  He was there to interview him on behalf of Rolling Stone magazine. 

Guzman wanted a movie made about him.  So he had reached out to Mexican actress Kate del Castillo, asking her to meet with him to discuss such a project.  She, in turn, referred him to Penn, whom Guzman said could come along for the meeting.

Penn had his own agenda: To write an article for Rolling Stone whose “purpose [would] contribute to this conversation on the war on drugs.”

Three months later, on January 8, 2016, Mexican Marines and Federal Police launched an early-morning raid on a house in Los Mochis, in northern Sinaloa, where Guzman’s drug cartel operated.

The Marines expected to find Guzman there, and they did–ending his almost six-month flight after escaping from prison in July.  

One day after Guzman’s capture, Rolling Stone published Penn’s 10,000-word article.  

Penn had not been allowed to bring a tape recorder or even take notes with pen and paper.  So he had been forced to memorize as much of Guzman’s tale as he could.

Penn seemed to be enraptured by Guzman:

“There is no doubt this is the real deal. He’s wearing a casual patterned silk shirt, pressed black pants, and he appears remarkably well-groomed and healthy for a man on the run.  

“He opens [actress Kate del Castillo’s] [car} doorand greets her like a daughter returning from college.  

“It seems important to him to express the warm affection in person that, until now, he’d only had occasion to communicate from afar.”  

Even so, Penn quoted Guzman as bragging: “I supply more heroin, methamphetamine, cocaine and marijuana than anybody else in the world.  I have a fleet of submarines, airplanes, trucks and boats.”

Booking photo of Joaquin “El Chapo“ Guzman (front).jpg

 Joaquin “El Chapo” Guzman

After the interview’s publication, Penn came under fire for having allowed Guzman to approve the article.  He claimed that, despite this, Guzman had not asked for any changes.  

He also drew sharp criticism for having used his status as a movie star to play the part of a reporter.  

But worse was to come.  

Shortly after the capture of “El Chapo,” Mexico’s Attorney General Arely Gomez “credited” Penn with having played a vital role in the capture of the drug kingpin.  

The meeting between Penn, Castillo and Guzman “was an essential element, because we were following [Guzman’s] lawyer, and the lawyer took us to these people and to this meeting.”  

Suddenly, American experts on Mexican organized crime cartels began seeing Sean Penn in a new light–that of a movie star with a big target on his chest and back.

Suppose Guzman began suspecting that Penn had deliberately led Mexican authorities to him?  Or that he had done so even accidentally, through negligence in how he had traveled?

“These cartels are very violent, they do not forgive any transgression and they will respond in a most violent manner,” said Mike Vigil, a former chief of international operations with the U.S. Drug Enforcement Administration.

“These are people who have been dismembered, who have decapitated individuals.  So killing Sean Penn and del Castillo means absolutely nothing to them.”

Vigil believed it was careless for the Mexican Government to publicize any ties between the Penn meeting and Guzman’s arrest:

“If Chapo Guzman perceives that they cooperated with authorities in his capture, [the cartel] will go after them.”

He argued that the risk is likely likely for del Castillo because she was the one in contact with Guzman.

She was the one whom Guzman’s associates supplied with a Blackberry–the phone they believed most secure.  And it was her and Guzman’s flirtatious exchanges that led to the meeting in the jungle with Sean Pean.

“Apart from that, [del Castillo] is originally from Mexico, she has all of her family in Mexico.  One of the traditional violent methods [the cartels] use is if they can’t get to the target, they’ll go after their family members.

“If I were Kate del Castillo, I would run like the wind.”

THE RIGHT DEVOURS ITS OWN CHILDREN

In Bureaucracy, History, Law, Politics, Social commentary on January 14, 2016 at 12:12 am

“All revolutions,” said Ernst Rohem, leader of Adolf Hitler’s brown-shirted thugs, the S.A., “devour their own children.”

Ernst Rohem

Fittingly, he said this as he sat inside a prison cell awaiting his own execution.

On June 30, 1934, Hitler had ordered a massive purge of his private army, the S.A., or Stormtroopers. The purge was carried out by Hitler’s elite army-within-an-army, the Schutzstaffel, or Protective Squads, better known as the SS.

The S.A. Brownshirts had been instrumental in securing Hitler’s rise to Chancellor of Germany on January 30, 1933.  They had intimidated political opponents and organized mass rallies for the Nazi Party.

But after Hitler reached the pinnacle of power, they became a liability.

Ernst Rohem, their commander, urged Hitler to disband the regular German army, the Reichswehr, and replace it with his own legions as the nation’s defense force.

Frightened by Rohem’s ambitions, the generals of the Reichswehr gave Hitler an ultimatum: Get rid of Rohem–or they would get rid of him.

So Rohem died in a hail of SS bullets–as did several hundred of his longtime S.A. cronies.

SS firing squad

At least one member of the Republican Party is now learning that an apparently useful weapon can become a liability.

Ever since Barack Obama became a Presidential candidate in 2008, Republicans have accused him of being ineligible to hold office.

Without a political scandal (such as Bill Clinton’s affair with Monica Lewinsky) to fasten on, the Republican Party opted for slander: Obama had been born in Kenya–and thus was not an American citizen.

From this there could be only one conclusion: That he would be an illegitimate President, and should be removed from office if elected.

And this smear campaign continued after he won the election. Right-wingers like real estate billionaire Donald Trump insisted that Obama had been born in Kenya, not Honolulu.  

During his first two years in office, Obama tried to ignore the charge.

But polls repeatedly showed that large segments of the country believed it. Finally, even Obama’s closest advisers warned him: You must address this and put it to rest.

So, on April 27, 2011, the President released the long-form of his Hawaii birth certificate.

The long-form version of President Obama’s birth certificate

For the vast majority of Americans, this settled the issue. In 2012, they re-elected Obama to a second, four-year term.

Nevertheless, for many Right-wingers, even the release of Obama’s long-form birth certificate meant nothing.  

Joseph Arpaio, the Right-wing sheriff of Maricopa County, Arizona, claimed that his “investigators” were certain that Obama’s birth certificate was fraudulent.

Responding to Arpaio’s claims, Joshua A. Wisch, a special assistant to Hawaii’s attorney general, said: “President Obama was born in Honolulu, and his birth certificate is valid. Regarding the latest allegations from a sheriff in Arizona, they are untrue, misinformed and misconstrue Hawaii law.”

Fast forward to 2015.

Donald Trump, who had threatened to run for President in 2012, announced his candidacy on June 16. Since then, he has been the front-runner for Republican voters.

But then Texas’ United States Senator Rafael “Ted” Cruz entered the race. As radical and ruthless as Trump, he quickly became the billionaire’s most dangerous competitor.

Ted Cruz, official portrait, 113th Congress.jpg

Rafael “Ted” Cruz

What to do?

Then Trump–or someone in his campaign–had an inspiration. Why not use against Cruz the same “he’s-not-an-American” charge that had been used against Obama?

Cruz, born outside the United States, was not really a natural-born American citizen–and was thus ineligible to be President.

Cruz was born in Calgary, Alberta, Canada, to an American mother and a Cuban father.

The U.S. Constitution states specifically that “No person except a natural born Citizen …shall be eligible to the Office of President.”

Cruz has argued that because his mother was an American, he became an American citizen at birth.

But courts have never ruled on the issue of what constitutes a “natural-born” citizen.

At first, the issue seemed confined to Republican politicians and those likely to vote for them. But then others outside the Right began investigating it.

Mary McManamon, a constitutional law professor at Widener University’s Delaware Law School, concluded in an Open Editorial for The Washington Post:

“Sen. Ted Cruz (R-Tex.) is not a natural-born citizen and therefore is not eligible to be president or vice president of the United States.”

Cruz got an even bigger slap in the face from Laurence Tribe, the celebrated professor of Constitutional law at Harvard University. He has argued before the United States Supreme Court 36 times.

Writing in The Boston Globe, Tribe stated:

“…The kind of judge Cruz says he admires and would appoint to the Supreme Court is an ‘originalist,’ one who claims to be bound by the narrowly historical meaning of the Constitution’s terms at the time of their adoption.

“To his kind of judge, Cruz ironically wouldn’t be eligible, because the legal principles that prevailed in the 1780s and ’90s required that someone actually be born on US soil to be a “natural born” citizen.”  [Italics added.]

So long as Cruz stays in the race, Trump will continue to use the “birther” charge against him. And it will continue to dog him, as it did Obama.

Thus, the evil that politicians do lives after them.

STOP INSURANCE RIP-OFFS

In Bureaucracy, Business, Law, Law Enforcement, Social commentary on January 6, 2016 at 1:58 pm

An insurance company suspends your medical coverage for months—or longer.

You’ve faithfully paid all premiums for your medical insurance—and have the records to prove it. But the company doesn’t care.

Think it can’t happen to you?  It did to a couple I’ll call Diane and Mike.

Mike worked as a paralegal for a Los Angeles law firm. He was getting health insurance for himself and his wife, Diane, under a COBRA arrangement.

COBRA stands for Consolidated Omnibus Budget Reconciliation Act of 1985. It’s a Federal law that was passed by Congress and signed by President Ronald Reagan.

One of its provisions creates an insurance program giving some employees the ability to continue health insurance coverage after leaving employment.

But a COBRA can sometimes act the same way the deadly poisonous snake does—with unpredictable and lethal results for those depending on it.

In this case, after Mike left his law firm to work at another, he found the COBRA didn’t operate as it was supposed to.

A snafu developed, involving

  • the COBRA management company,
  • the hospital where Mike and Diane had long been patients, and
  • Mike’s former employer.

Each of these institutions blamed the other for failing to provide appropriate information.

So the insurance company suspended Mike and Diane’s health insurance–completely ignoring their medical needs.

Of course, for most people who have dealt with an insurance company, this won’t come as a surprise.  Insurance companies aren’t in business to do good. They’re in business to make money.

Then, one day, Diane called me on an unrelated matter. During the conversation, she let slip the suspension of her medical insurance.

I was stunned at the news–and outraged when she said this had been going on for six months.

At once, I offered my services as a troubleshooter. She accepted.

I decided to call the office of my State Assemblyman. In California, the 80 members of the Assembly serve two-year terms, and are limited to being elected three times.

The 40 members of the State Senate serve four-year terms, and can be elected twice.

Because they face re-election sooner, members of the Assembly must stay closely attuned to resolving their constituents’ problems. That’s why they employ staffers who are experts at navigating through the maze of State agencies.

California State Capitol Building

And State Senators make certain their offices are equally well-staffed with such experts. 

When I called my Assemblyman’s office, I didn’t ask to speak with him. I knew I was too politically unimportant to rate a direct chat at that level. And I didn’t need to talk with him, anyway.

I simply told the secretary that I wanted to speak with the office’s specialist on insurance.

California has an Insurance Commissioner who directs the state’s Department of Insurance. The mandate of this agency is to license, regulate and examine insurance companies.

Soon I was speaking with Frank, the Assemblyman’s expert on insurance matters. I quickly explained the problem my friends were having. And, to my surprise, I found that he and I hit it off right away.

Frank said he had a friend–Steve–who worked as an investigator for the Department of Insurance. Then he generously offered to put me through to him. I thankfully accepted.

Soon Steve and I quickly found ourselves getting along well. Then he asked me: “What’s your friend’s number?”

Diane hadn’t authorized me to give her number to anyone, but I decided to forward it. If Steve was that interested in examining their problem, I wasn’t going to throw a damper on his enthusiasm.

Soon Steve and Diane were discussing the situation.

The insurance company Mike and Diane were relying on was, like many such companies, registered in Florida.  But, in order to legally do business in California, it had to obey the laws of the State of California.

And California laws forbade exactly the sort of behavior this company was engaging in.

And shortly after that conversation, Diane’s insurance company got an unexpected call from the Insurance Commissioner’s office.

The message was simple–and blunt: Restore that coverage–now.

And, within 48 hours, it had been fully restored.

There are several important lessons to be learned here:

  • Maintain accurate records of all your premium payments. And keep them accessible–as in file folders, a safe deposit box or an online file.
  • Don’t let your insurance company victimize you. Once you’ve paid your premium, you’ve lived up to your part of the arrangement. Now it’s their obligation to provide the medical care you need.
  • Know the names, addresses and phone numbers of your representatives–at local, state and Federal levels. Websites such as http://www.govspot.com/ and http://www.capweb.net/ will instantly provide this information–and a great deal more.
  • Know the name, address and phone number of your state Insurance Commissioner.
  • If your elected representatives can’t or won’t assist you, complain to the news media. Start with the local newspapers and TV stations. If that doesn’t work, try the Internet.
  • If the agencies that are supposed to help consumers won’t aid you, make them part of your complaint to the media.
  • If you’re disabled and/or have children who are affected by the insurance cut-off, play up this angle in your contacts with public agencies and/or the media.
  • If all else fails, consider filing a lawsuit against the insurance company.

THE MOTHER OF ALL NEW YEAR’S EVES

In History, Social commentary on January 4, 2016 at 12:56 am

New Year’s Eve, 2015, now lies behind us.

But for those who consciously lived through December 31, 1999, there will never be another New Year’s Eve like it.

New Year’s Eve is traditionally a time for people to reflect on the major events of the previous 12 months. Some of these are highly personal. Others have been shared by the entire country.

Some of these remembrances inevitably bring pleasure. Others bring pain.

But at the heart of every New Year’s Eve celebration is the fantasy that you get to start fresh in a matter of hours. And with that fantasy comes hope–that, this time, you can put your sorrows and failures behind you.

New Year’s Eve, 1999, was marked far more by apprehension and fear than joy.

  • Fear of Y2K–that our highly computerized, globally-interconnected world would crash when the “19″ at the start of every year was replaced with a “20″.
  • Fear of Armageddon–that Jesus, after dying 2,000 years ago, would return to destroy mankind (except for those 144,000 righteous souls He deemed worthy of salvation).
  • Fear of the Millennium itself–of ending not simply another decade and century but an entire thousand-year period of history, and thus losing our historical ties to the familiar highlights of our own (and America’s) past.

And, especially where Y2K was concerned, news commentators were quick to stoke our anxieties.

For those living on the West Coast of the United States on December 31, 1999, the day began with news reports of celebrations of the New Year in such distant countries as Australia and New Zealand.

“So far,” each of these reports ended, “there have been no reports of Y2K-related outages.”

But the underlying message was clear: Stay tuned–it could still happen. And this message kept blaring for the rest of the day and into the evening.

Long before New Year’s Eve, TV newscasters repeatedly warned that, when midnight struck on January 1, 2000, the three places you did not want to be were:

  • In an airplane.
  • In an elevator.
  • In a hospital.

Countless numbers of people in America and around the world stocked up on food, water, batteries and other essentials for surviving an emergency.

Merchants and police feared widespread rioting and violence. If Y2K didn’t set it off, then fears of a heaven-sent Apocalypse might.

In San Francisco, along Powell Street–a major center of tourism and commerce–store owners boarded up their doors and windows as New Year’s Eve approached. Many closed earlier than usual that day.

At 9 p.m. California time, a friend of mine turned off a VCR and turned on a local news station to watch celebrations–or chaos–unfold in New York City.

If the lights went off in New York at midnight Eastern time, then, in three more hours, the same would happen in California.

When he saw lights glittering in Times Square, he felt reasonably certain that Y2K would probably be a dud.

Fortunately, no Y2K disasters occurred.

Three people I know decided to throw an “End of the World” party. They didn’t believe the world was coming to an end. But they decided to throw an “absolute last blast” party as though it were.

Among the items they stockpiled for this occasion:

  1. Country pork spareribs
  2. Yams
  3. Crabs
  4. Apple cidar
  5. Black olives
  6. Fresh cranberries
  7. Avacodos
  8. Chocolate chip ice cream
  9. Lambrusco
  10. Gin and tonic water
  11. Root beer
  12. Smoked cheese
  13. Artichoke hearts
  14. Pumpkin cream mousse cake
  15. Chocolate cake
  16. Pickles
  17. Asparagus

It was definitely an unforgettable night.

New Year’s Eve 1999 is now 16 years distant. But some lessons may still be learned from it:

Each year is a journey unto itself–filled with countless joys and sorrows. Many of these joys can’t be predicted. And many of these tragedies can’t be prevented.

Learn to tell real dangers from imaginary ones. Computers are real–and sometimes they crash. Men who died 2,000 years ago do not leap out of graveyards, no matter what their disciples predict.

Don’t expect any particular year to usher in the Apocalypse. In any given year there will be wars, famines, earthquakes, riots, floods and a host of other disasters. These have always been with us–and always will be. As Abraham Lincoln once said: “The best thing about the future is that it comes one day at a time.”

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Don’t expect some Great Leader to lead you to success. As Gaius Cassius says in William Shakespeare’s “Julius Caesar”: “Men at some time are masters of their fate. The fault, dear Brutus, is not in our stars but in ourselves that we are underlings.”

Don’t expect any particular year or event to usher in your happiness. To again quote Lincoln: “Most people are about as happy as they make up their minds to be.”

If your life seems to make no sense to you, consider this: The philosopher Soren Kierkegaard once noted: “Life can only be understood backwards, but it must be lived forwards.”

HELL IN THE RENTERS’ PARADISE: PART THREE (END)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on January 1, 2016 at 12:57 am

Slumlords would have everyone believe that San Francisco is a “renters’ paradise.”  A place where hard-working landlords are routinely taken advantage of by rent-avoiding bums who want to be constantly pampered.

On the contrary: It’s not renters who hold “untouchable” status, but slumlords themselves.

If you doubt it, you need only review the case of slumlords Kip and Nicole Macy.  They waged a two-year war on their rent-paying tenants to force them out of their South of Market building.

The reason: The Macys wanted to get them out of their rent-controlled apartments so they could rent these out to tenants who could afford extortionate rents.

For two years, the police and district attorney’s office stood by while the Macys aimed threats, vandalism, illegal lockouts and violence at their law-abiding tenants.

The Macys have since been convicted and will be sentenced to four years and four months imprisonment.  But this case is a rarity for the San Francisco District Attorney’s Office.

Meanwhile, thousands of San Francisco tenants have lived with rotting floors, nonworking toilets, chipping lead-based paint and other outrages for not simply months but years.

But San Francisco tenants need not be put at the mercy of greedy, arrogant slumlords.  And the agencies that are supposed to protect them need not be reduced to impotent farces.

The San Francisco District Attorney’s Office should create a special unit to investigate and prosecute  slumlords.  Prosecutors should offer rewards to citizens who provide tips on major outrages by the city’s slumlords.

And the San Francisco Department of Building Inspection–which is charged with guaranteeing the habitability of apartment buildings–should immediately adopt a series of long-overdue refirms.

By doing so, it can:

  • Vastly enhance its own prestige and authority;
  • Improve living conditions  for thousands of San Francisco renters; and
  • Bring millions of desperately-needed dollars into the City’s cash-strapped coffers.

In Part 2 of this series I outlined 14 such reforms.  In this concluding column, I will outline the remaining eight:

  1. DBI should order landlords to post their Notices of Violation in public areas of their buildings–on pain of serious financial penalties for failing to do so. When DBI orders a slumlord to take corrective action, s/he is the only person who is notified.   Thus, if that slumlord refuses to comply with those directives, s/he is the only one who realizes it.  Given the pressing demands on DBI, weeks or months will pass before the agency learns about this violation of its orders.  Tenants have a right to know if their landlord is complying with the law.
  2. DBI should launch–and maintain–a city-wide advertising campaign to alert residents to its services.  Everyone knows the FBI pursues bank robbers, but too many San Franciscans do not even know that DBI exists, let alone what laws it enforces.  This should be an in-your-face campaign: “Do you have bedbugs in your apartment?  Has your stove stopped working?  Are you afraid to ride in  your building elevator because it keeps malfunctioning?  Have you complained to your landlord and gotten nowhere?  Then call DBI at —–.  Or drop us an email at ——.”
  3. Landlords should be legally required to give each tenant a list of the major city agencies (such as DBI, Department of Public Health and the Rent Board) that exist to help tenants resolve problems with their housing. 
  4. Landlords should be legally required to rehabilitate a unit every time a new tenant moves in, or at least have it examined by a DBI inspector every two years.  A tenant can occupy a unit for ten or more years, then die or move out, and the landlord immediately rents the unit to the first person who comes along, without making any repairs or upgrades whatsoever.
  5. Landlords should be required to bring all the units in a building up to existing building codes, and not just those in need of immediate repair.
  6. Landlords should be legally required to hire a certified-expert contractor to perform building repairs.  Many landlords insist on making such repairs despite their not being trained or experienced in doing so, thereby risking the lives of their tenants. 
  7. DBI should not view itself as a “mediation” agency between landlords and tenants.  Most landlords hate DBI and will always do so.  They believe they should be allowed to treat their tenants like serfs, raise extortionate rents anytime they desire, and maintain their buildings in whatever state  they wish.  And no efforts by DBI to persuade them of its good intentions will ever change their minds.
  8. Above all, DBI must stop viewing itself as a mere regulatory agency and start seeing itself as a law enforcement one.  The FBI doesn’t ask criminals to comply with the law; it applies whatever amount of force is needed to gain their compliance. Niccolo Machiavelli said it best: If you can’t be loved by your enemies, then at least make yourself respected by them.

As Robert F. Kennedy wrote: “Every society gets the kind of criminal it deserves.  What is equally true is that every community gets the kind of law enforcement it insists on.”

HELL IN THE RENTERS’ PARADISE: PART TWO (OF THREE)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on December 31, 2015 at 12:01 am

The “war on drugs” has some valuable lessons to teach the San Francisco Department of Building Inspection (DBI) which is charged with protecting tenants against predatory landlords.

Consider:

  • At least 400,000 rape kits containing critical DNA evidence that could convict rapists sit untested in labs around the country.
  • But illegal drug kits are automatically rushed to the had of the line.

Why?

It isn’t simply because local/state/Federal lawmen universally believe that illicit drugs pose a deadly threat to the Nation’s security.

It’s because:

  • Federal asset forfeiture laws allow the Justice Department to seize properties used to “facilitate” violations of Federal anti-drug laws.
  • Local and State law enforcement agencies are allowed to keep some of the proceeds once the property has been sold.
  • Thus, financially-strapped police agencies have found that pursuing drug-law crimes is a great way to fill their own coffers.
  • Prosecutors and lawmen view the seizing of drug-related properties as crucial to eliminating the financial clout of drug-dealing operations.

It’s long past time for DBI to apply the same attitude–and methods–toward slumlords.

DBI should become not merely a law-enforcing agency but a revenue-creating one.  And those revenues should come from predatory slumlords who routinely violate the City’s laws protecting tenants.

By doing so, DBI could vastly:

  • Enhance its own prestige and authority;
  • Improve living conditions for thousands of San Francisco renters; and
  • Bring millions of desperately-needed dollars into the City’s cash-strapped coffers

Among those reforms it should immediately enact:

  1. Hit slumlord violators up-front with a fine–payable immediately–for at least $2,000 to $5,000 for each health/safety-code violation.
  2. The slumlord would be told he could reclaim 75-80% of the money onlyif he fully corrected the violation within 30 days.  The remaining portion of the levied fine would go into the City coffers, to be shared among DBI and other City agencies.
  3. This would put the onus on the slumlord, not DBI. Appealing to his greed would ensure his willingness to comply with the ordered actions.  As matters now stand, it is DBI who must repeatedly check with the slumlord to find out if its orders have been complied with.
  4. If the landlord failed to comply with the actions ordered within 30 days, the entire fine would go into the City’s coffers–to be dividedamong DBI and other agencies charged with protecting San Francisco residents.
  5. In addition, he would be hit again with a fine that’s at least twice the amount of the first one.
  6. Inspectors for DBI should be allowed to cite landlords for violations that fall under the jurisdiction of the Department of Public Health.  They can then pass the information on to DPH for its own investigation.
  7. If the DBI Inspector later discovers that the landlord has not corrected the violation within a designated time-period, DBI should be allowed to levy its own fine for his failure to do so.
  8. If DPH objects to this, DBI should propose that DPH’s own Inspectorsbe armed with similar cross-jurisdictional authority.  Each agency would thus have increased motivation for spotting and correcting health/safety violations that threaten the lives of San Francisco residents.
  9. This would instantly turn DBI and DPH into allies, not competitors.  And it would mean that whether a citizen called DBI or DPH, s/he could be assured of getting necessary assistance.  As matters now stand, many residents are confused by the conflicting jurisdictions of both agencies.
  10. DBI should insist that its Inspectors Division be greatly expanded. DBI can attain this by arguing that reducing the number of Inspectors cuts (1) protection for San Francisco renters–and (2) monies that could go to the general City welfare.
  11. The Inspection Division should operate independently of DBI. Currently,  too many high-ranking DBI officials tilt toward landlords because they are landlords themselves.
  12. DBI should create a Special Research Unit that would compile records on the worst slumlord offenders.  Thus, a slumlord with a repeat history of defying DBI NOVs could be treated more harshly than a landlord who was a first-time offender.
  13. Turning DBI into a revenue-producing one would enable the City to raise desperately-needed revenues—in a highly popular way. Fining delinquent slumlords would be as unpopular as raising taxes on tobacco companies. Only slumlords and their hired lackey allies would object.
  14. Slumlords, unlike drug-dealers, can’t move their operations from one street or city to another.  Landlords aren’t going to demolish their buildings and move them somewhere else.

HELL IN THE RENTERS’ PARADISE: PART ONE (OF THREE)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on December 30, 2015 at 2:32 pm

To hear slumlords tell it, San Francisco is a “renters’ paradise,” where obnoxious, lazy, rent-evading tenants constantly take advantage of hard-working, put-upon landlords.

Don’t believe it.

And in case you’re inclined to anyway, consider the story of Kip and Nicole Macy, two San Francisco slumlords who recently pled guilty to felony charges of residential burglary, stalking and attempted grand theft.

Kip Macy

Nicole Macy

Determined to evict rent control-protected tenants from their apartment building in the South of Market district, they unleashed a reign of terror in 2006:

  • Cut holes in the floor of one tenant’s living room with a power saw–while he was inside his unit.
  • Cut out sections of the floor joists to make the building collapse.
  • Threatened to shoot Ricardo Cartagena, their property manager, after he refused to make the cuts himself.
  • Changed the locks to Cartagena’s apartment, removed all of his belongings and destroyed them.
  • Created fictitious email accounts to appear as a tenant who had filed a civil suit against the Macys–and used these to fire the tenant’s attorney.
  • Cut the tenants’ telephone lines and shut off their electricity, gas and water.
  • Changed the locks on all the apartments without warning.
  • Mailed death threats.
  • Kicked one of their tenants in the ribs.
  • Hired workers to board up a tenant’s windows from the outside while he still lived there.
  • Falsely reported trespassers in a tenant’s apartment, leading police to hold him and a friend at gunpoint.
  • Broke into the units of three tenants and removed all their belongings.
  • Again broke into the units of the same three victims and soaked their beds, clothes and electronics with amonia.

The Macys were arrested in April, 2008, posted a combined total of $500,000 bail and then fled the country after being indicted in early 2009.

In May, 2012, Italian police arrested them and deported them back to America a year later.

Having pled guilty, they were sentenced in September, 2013, to a prison term of four years and four months.

How could such a campaign of terror go on for two years against law-abiding San Francisco tenants?

Simple.

Even in the city misnamed as a “renter’s paradise,” slumlords are treated like gods by the very agencies that are supposed to protect tenants against their abuses.

The power of slumlords calls to mind the scene in 1987’s The Untouchables, where Sean Connery’s veteran cop tells Eliot Ness: “Everybody knows where the liquor is. It’s just a question of: Who wants to cross Capone?”

Many tenants have lived with rotting floors, bedbugs, nonworking toilets, mice/rats, chipping lead-based paint and other outrages for not simply months but years.

Consider the situation at the San Francisco Department of Building Inspection, which is supposed to ensure that apartment buildings are in habitable condition:

  • A landlord is automatically given 30 days to correct a health/safety violation. If he drags his feet on the matter, the tenant must live with that problem until it’s resolved.
  • If the landlord claims for any reason that he can’t fix the problem within one month, DBI doesn’t demand that he prove this.  Instead, it automatically gives him another month.
  • A slumlord has to work at being hit with a fine—by letting a problem go uncorrected for three to six months.
  • And even then, repeat slumlord offenders often avoid the fine by pleading for leniency.
  • That’s because many DBI officials are themselves landlords.

But the situation doesn’t have to remain this way.

DBI could:

  • Vastly enhance its own prestige and authority
  • Improve living conditions  for thousands of San Francisco renters, and
  • Bring millions of desperately-needed dollars into the City’s cash-strapped coffers.

How?

By learning some valuable lessons from the “war on drugs” and applying them to regulating slumlords.

Consider:

  • At least 400,000 rape kits containing critical DNA evidence that could convict rapists sit untested in labs around the country.
  • But illegal drug kits are automatically rushed to the had of the line.

Why?

It isn’t simply because local/state/Federal lawmen universally believe that illicit drugs pose a deadly threat to the Nation’s security.

It’s because:

  • Federal asset forfeiture laws allow the Justice Department to seize properties used to “facilitate” violations of Federal anti-drug laws.
  • Local and State law enforcement agencies are allowed to keep some of the proceeds once the property has been sold.
  • Thus, financially-strapped police agencies have found that pursuing drug-law crimes is a great way to fill their own coffers.
  • Prosecutors and lawmen view the seizing of drug-related properties as crucial to eliminating the financial clout of drug-dealing operations.

It’s long past time for San Francisco agencies to apply the same attitude–and methods–toward slumlords.

In my next column I will lay out how this can be done.