bureaucracybusters

Posts Tagged ‘THE INTERCEPT’

WHO’S THE REAL VICTIM?

In Bureaucracy, History, Law, Law Enforcement, Social commentary on July 28, 2023 at 1:32 am

Joy Stewart, 22, was nearly eight months pregnant when she encountered Dennis McGuire in Preble County, Ohio, while visiting a friend. 

McGuire wanted to have sex with her but Stewart refused. 

Dennis McGuire

So he raped her.

No, not vaginally.  She was so pregnant he couldn’t have sex with her.

So he anally sodomized her.  With a knife.

Not surprisingly, Stewart became hysterical.  

And this made him fear that he would go to jail for raping a pregnant woman.

So he choked her.  Then he stabbed her with the same knife he had used to anally rape her.

Finally, he severed her carotid artery and jugular vein. He wiped blood off his hands on her right arm and dumped her in a wooded area where she was found the next day by hikers.

Joy Stewart

The date was February 1, 1989.

When questioned by police, McGuire blamed Stewart’s kidnapping and murder on his brother-in-law. 

But the accusation didn’t hold up—-and DNA evidence clearly implicated McGuire.

McGuire was convicted of kidnapping, anal rape and aggravated murder on December 8, 1994.  But even while facing a grim future, McGuire managed to postpone his fate as victim could not.

First, his attorneys appealed his conviction to the Ohio Supreme Court on June 10, 1997.  To the dismay of him and his mouthpieces, the court upheld the verdict on December 10, 1997.

By this time, McGuire had already outlived his ravished victim by eight years.

Second, his attorneys appealed to the United States Court of Appeals, for the Sixth Circuit. 

During this appeal, as in the first, McGuire’s attorneys didn’t argue their client was innocent. They simply claimed that a jury never got to hear the full details of his chaotic and abusive childhood.

As if that had been so much more horrific than the details of Joy Stewart’s rape and murder.

The case was argued on December 16, 2013, and decided on December 30.   

The court upheld the death penalty verdict.

By that time, McGuire had outlived Joy Stewart by 24 years.

But McGuire’s lawyers weren’t through. They asked Ohio Governor John Kasich to spare McGuire, again citing his chaotic and abusive childhood.

Kasich rejected that request without comment.

Then, on January 6-7, 2014, McGuire’s lawyers argued in Federal appeals court that Ohio’s untried two-drug execution method would cause their client “agony and terror” as he struggled to breathe.

Supplies of Ohio’s former execution drug, pentobarbital, had dried up as its manufacturer put it off limits for executions. Ohio’s Department of Rehabilitation and Correction planned to use a dose of midazolam, a sedative, combined with hydromorphone, a painkiller, to put McGuire to death.

That appeal proved unsuccessful.

Finally, on January 16, 2014, McGuire kept his long-delayed date with the executioner in a small, windowless room at the Lucasville Correctional facility.   

Opinion: Ohio should be the 24th state to abolish death penalty

Strapped to a gurney, McGuire gasped, snorted and snored as it took him 26 minutes to die.

“I’m going to heaven,” were his last words.

His surviving family members, of course, felt that a travesty of justice had occurred.

On January 25, they filed a lawsuit in Federal court, claiming that McGuire’s execution was “unconstitutional.”

According to the lawsuit, McGuire suffered  “repeated cycles of snorting, gurgling and arching his back, appearing to writhe in pain. It looked and sounded as though he was suffocating.”

The McGuire family wanted to ensure that such an execution never happens again.

During the execution, his adult children sobbed in dismay.

For him.  Not his ravaged and innocent victim. 

 * * * * *

The old saying, “Justice delayed is justice denied” remains as true—and relevant—as ever.

In order to be effective, punishment must be certain and swift.  To repeatedly postpone it—literally for decades after the perpetrator has been convicted—is to inflict further agony on the victim.

Or, in this case, the surviving family and friends of the murdered victim.

And it sends an unmistakable message to those thinking of victimizing others: “Hey, he got to live another 25 years.  Maybe I can beat the rap.”

Opponents of capital punishment have long argued that the death penalty is not a deterrent to crime.

In fact, it is.

Having finally had sentence carried out on him, Dennis McGuire will never again threaten—nor take the life of—anyone.

Prisons scheduled for executions are now facing a chronic shortage of the drugs used to carry out such sentence. The reason: Many drug-makers refuse to make them available for executions.

This has caused some states to reconsider using execution methods that were scrapped in favor of lethal injection.

Methods like;

  • Hanging
  • The gas chamber
  • The electric chair
  • Even the firing squad.

In line with this debate should be another: Whether the lives of cold-blooded murderers are truly worth more than those of their innocent victims.

And whether those victims—and those who loved them—deserve a better break than they now receive under our legal system.

THE FRIGHTENED TYRANT VS. THE RELENTLESS PROSECUTOR

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on July 26, 2023 at 12:20 am

Donald Trump has no doubt heard of Niccolo Machiavelli, the Florentine statesman of the Renaissance.   

But he certainly hasn’t learned anything from him.

Consider the way he has repeatedly insulted his nemesis, Jack Smith.

Smith was appointed Special Counsel for the United States Department of Justice on November 18, 2022.

Smith standing in front of flags, wearing a suit

Jack Smith

His assignment: Oversee the criminal investigations into former President Donald Trump’s behavior regarding:

  • The January 6, 2021 attack on the United States Capitol; and
  • His taking and storage of classified government documents at his Mar-a-Largo estate in Palm Beach, Florida. 

Since then, Trump has launched a series of vicious attacks on Smith—despite the fact that Smith holds the power to indict and prosecute him for multiple felonies.

For example: On June 8, Smith indicted Trump on 37 federal felony counts for illegally retaining hundreds of classified documents at Mar-a-Lago. Trump pleaded not guilty to all charges.

Boxes of classified documents in Mar-a-Lago bathroom

At a press conference, Smith defended his team’s work and emphasized the seriousness of the charges: “Our laws that protect national defense information are critical to the safety and security of the United States, and they must be enforced.” 

He also emphasized that Trump “must be presumed innocent until proven guilty beyond a reasonable doubt in a court of law.”

Trump quickly responded: “The prosecutor in the case, I will call our case, is a thug. I have named him ‘Deranged Jack Smith. He’s a behind-the-scenes guy, but his record is absolutely atrocious. He does political hit jobs. He’s a raging and uncontrolled Trump hater, as is his wife, who happened to be the producer of that Michelle Obama puff piece. This is the guy I’ve got.”

On June 27, Trump, using his social network Truth Social, continued his attack on Smith: 

COULD SOMEBODY PLEASE EXPLAIN TO THE DERANGED, TRUMP HATING JACK SMITH, HIS FAMILY, AND HIS FRIENDS, THAT AS PRESIDENT OF THE UNITED STATES, I COME UNDER THE PRESIDENTIAL RECORDS ACT, AS AFFIRMED BY THE CLINTON SOCKS CASE, NOT BY THIS PSYCHOS’ FANTASY OF THE NEVER USED BEFORE ESPIONAGE ACT OF 1917. “SMITH” SHOULD BE LOOKING AT CROOKED JOE BIDDEN AND ALL OF THE CRIMES THAT HE HAS PERPETRATED ON THE AMERICAN PUBLIC, INCLUDING THE MILLIONS & MILLIONS OF DOLLARS HE EXTORTED FROM FOREIGN COUNTRIES!

Related image

Donald Trump

So: Where does Niccolo Machiavelli enter this story?

In his masterwork, The Discourses, published in 1531, Machiavelli laid out his advice for preserving liberties within a republic. 

His counsel on gratuitously handing out insults and threats could have been written with Donald Trump in mind:

  • “I hold it to be a proof of great prudence for men to abstain from threats and insulting words towards any one.
  • “For neither the one nor the other in any way diminishes the strength of the enemy—but the one makes him more cautious, and the other increases his hatred of you, and makes him more persevering in his efforts to injure you.”

Related image

Niccolo Machiavelli

Meanwhile, Smith has not responded to Trump’s slanders.

“Smith is not going to play this case out in public,” said Steve Friedland, a law professor at Elon University and a former federal prosecutor. “We’ve seen that in other cases, and that’s true for most prosecutors.” “

“Trump has done this with [New York Attorney General] Letitia James, he has done this with [Fulton County District Attorney] Fani Willis, just every prosecutor that’s investigated him,” Neama Rahmani, a former federal prosecutor, told ABC News.

James has sued Trump for fraud and Willis is investigating Trump’s efforts to gain unearned votes in Georgia to overturn the 2020 electoral victory of Joe Biden.

According to Machiavelli, Trump’s continued outbursts against Smith illustrate another great truth: That it’s possible to tell a truly great man from an imposter:

“A truly great man is ever the same under all circumstances. And if his fortune varies, exalting him at one moment and oppressing him at another, he himself never varies, but always preserves a firm courage, which is so closely interwoven with his character that everyone can readily see that the fickleness of fortune has no power over him. 

“The conduct of weak men is very different. Made vain and intoxicated by good fortune, they attribute their success to merits which they do not possess, and this makes them odious and insupportable to all around them.  And when they have afterwards to meet a reverse of fortune, they quickly fall into the other extreme, and become abject and vile. 

“Thence it comes that princes of this character think more of flying in adversity than of defending themselves, like men who, having made a bad use of prosperity, are wholly unprepared for any defense against reverses.”   

Trump is desperately trying to appear as the victim of a “weaponized” Justice Department eager to eliminate him as a 2024 Presidential candidate. He has railed against the “Deep State”—by which he means agencies he no longer controls.

And he has called on his allies within the Republican party to derail the continuing probes—especially by defunding Smith’s office or the entire Justice Department. 

So far, neither Trump’s whining nor his allies have deterred Smith from his prosecutorial efforts.

NEEDED: TENANT PROTECTIONS AGAINST SLUMLORDS

In Bureaucracy, Business, History, Law, Law Enforcement, Politics, Social commentary on July 25, 2023 at 12:11 am

…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…. If their evil disposition remains concealed for a time…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. 

—-Niccolo Machiavelli, The Discourses  

Related image

Niccolo Machiavelli

As of 2022, seven statesCalifornia, Maine, Maryland, Minnesota, New Jersey, New York, Oregon  and the District of Columbia—offer tenant protections via residential rent control. 

Only 34 out of 482 cities in California have strong tenant protections.

And only 15 cities in California have rent controls on landlords’ greed: Alameda, Berkeley, Beverly Hills, East Palo Alto, Hayward, Los Angeles, Los Gatos, Mountain View, Oakland, Palm Springs, Richmond. San Francisco, San Jose, Santa Monica, and West Hollywood.

In California, 17% of the population lives in apartments—more than 6.7 million people or 2.1 million more than New York. 

Nationwide, almost 39 million people in the United States—nearly one in eight—live in apartments.

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. 

Related image

And yet, there is little enthusiasm among these millions of people to protect themselves against predatory landlords.

Still, even in those cities where rent boards and building inspection agencies exist, landlords continue to victimize tenants every day.

Take San Francisco, for example.

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.

A recent case shows the absolute necessity for reining in predatory landlords before they can inflict serious financial and emotional damage on tenants.

In September, 2021, Frank and Carol Thomas (not their real names) moved into a one-bedroom San Francisco apartment for $1,000 a month. 

Frank had been manager of the apartment complex for 10 years. Now he simply wanted to be a tenant.

Meanwhile,  Carol suffered three close personal losses:

  • Her father died in January, in Knoxville, Tennessee;
  • Her best friend died in June.
  • Her aunt died in July.

Then, in August, Frank left for Tennessee to explore possible business opportunities there. It was while visiting Nashville that he suffered a heart attack and died.

This required Carol to travel to Nashville to:

  • Arrange for Frank’s cremation;
  • Obtain the release of his personal effects—including the release of his car, which had been impounded

She also had to spend time in Knoxville to:

  • Arrange for the disposal of her father’s remains;
  • Attend to his piano business;
  • Attend to his estate, including arranging for the sale of his house.

Since she couldn’t afford commuting between California and Tennessee, Carol stayed at her deceased father’s house in Knoxville while making all these arrangements.

Weeks later, she returned to her San Francisco apartment. 

In April, 2022, Carol received a notice from the property management company responsible for the premises. 

It stated that Carol Thomas was last seen in her apartment in November, 2021 and currently lived at her family home in Knoxville, Tennessee.

The notice also stated that her rent would rise from $1,000 per month to $1,695 per month. 

Fortunately, Carol had a friend who had worked as a reporter and legal investigator. He was able to draft a response to her landlord’s rent demand.

It opened: “There is a moral dimension to this case that must not be overlooked.” 

First, it extolled Frank Thomas’ 10 years as building manager for the property management company now trying to raise Carol’s rent.

Then it pointed out: “During the time Carol was gone, she paid her rent in full and on time. Had she not, We Screw Tenants [not the company’s real name] would now be demanding her eviction.

“What We Screw Tenants is trying to do is to literally profit from the death of this man and the grief of this woman.

“This is utterly despicable. Morally, it’s on a par with robbing corpses and selling fentanyl to schoolchildren. 

“If We Screw Tenants is willing to try to extort monies from the widow of its former building manager, it will do the same the next time a tenant is required to leave one of its buildings for weeks.

“As compensation for this deplorable behavior, We Screw Tenants should provide Ms. Thomas with a moratorium on rent increases for at least ten years.”

Carol, who was in her early 60s, showed the suggested response to a case officer of the San Francisco Human Rights Commission.

The officer then contacted We Screw Tenants and said he would be filing a complaint for elder abuse against the company.

The company immediately promised to drop its demand for a $695 raise in rent—if Carol agreed to forego any legal action. 

Carol has not yet decided if she wants to pursue a lawsuit. 

But she was able to fend off a predatory property management company—only because San Francisco has:

  1. Rent control laws limiting landlords’ greed; and
  2. A Human Rights Commission dedicated to protecting citizens against discrimination.

Other tenants—throughout California and the nation—usually don’t prove so fortunate.

COMBATING SLUMLORDS: PART THREE (END)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on July 13, 2023 at 12:10 am

City agencies need to see landlords for what they truly are—as, at best, potential predators, if not actual ones. And to act aggressively on that knowledge. 

As Niccolo Machiavelli warned: 

“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.”

Related image

Niccolo Machiavelli

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

This holds true across the United States. But it also holds true in San Francisco—the “renters’ paradise” where the District Attorney’s Office hasn’t prosecuted a slumlord in decades

SF DISTRICT ATTORNEY on Twitter: "Watch our weekly Facebook Live this Wednesday at noon!… "

Part Two of this series presented a series of badly-needed, long-overdue reforms for the San Francisco Department of Building Inspection (DBI). This is the agency charged to ensuring safe housing conditions for San Francisco residents. 

Renters across the country should demand similar protections.

This concluding part will cover the remainder of those needed reforms. 

  • 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.
  • Landlords should be legally required to hire a certified-expert contractor to perform building repairs. To save money—that they can well afford to spend—-many landlords insist on making such repairs despite their not being trained or experienced in doing so. They thereby risk the health and/or safety of their tenants. 
  • 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, if not slaves, raise extortionate rents anytime they desire, and maintain their buildings in whatever state they wish. 
  • Above all, DBI must stop viewing itself as a 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 pressure is needed to force their compliance. William Tecumseh Sherman, speaking of the rebellious Southern states, said it best: “They cannot be made to love us, but they may be made to fear us.”  
  • 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.  

  • Install Rent Control protections for tenants on fixed incomes. San Francisco is notorious for having the highest rents in the nation. The average rent for a one-bedroom apartment runs $3,000 a month. Even those in the vaunted high-tech industry spend most of their income on rent.
  • For tenants on fixed incomes—seniors, disabled, students—the predatory greed of landlords amounts to a staged-in eviction notice.  Social Security recipients often don’t get  a cost-of-living increase if there hasn’t been a rise in gasoline prices. But many of them don’t own cars—while the price of everything else—such as groceries—has sharply risen.  
  • Allowing landlords to jack up rents to the fullest extent possible every year will eventually drive out all tenants who are not multimillionaires. In fact, an unknown portion of this City’s homeless population doubtless stems from the ability of landlords to gradually raise rents above tenants’ ability to afford them.  
  • In 1979, San Franciscans passed a Rent Control law to protect tenants against predatory rent hikes and unfair evictions. As a result, a landlord can only raise a tenant’s rent a certain percentage every year. This is set by the set by the Rent Stabilization and Arbitration Board, more popularly known as the “Rent Board.”  
  • But there is a gaping hole in the law: Once a tenant moves out, the landlord can jack up the rent as high as he wants. This is why the average rent in San Francisco is priced beyond most middle-class wage-earners. 
  • In addition, landlords are allowed to charge tenants yearly fees to maintain the existence of the Rent Board. This is both unfair and insulting, since the Board was created to protect tenants from predatory landlords. Most tenants have far less money to pay such fees than do landlords, who are free to raise rents every year. And landlords—unlike tenants—can and do write off Rent Board fees on their taxes every year. 

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.”

COMBATING SLUMLORDS: PART TWO (OF THREE)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on July 12, 2023 at 12:10 am

“We investigate complaints of building code violations and compel building owners to fix the violations.”  

So boasts the website for the San Francisco Department of Building Inspection (DBI).

Yet DBI has long been outmaneuvered by predatory, law-breaking landlords.

And San Francisco renters—many of them elderly, poor and/or disabled—have been the victims of landlord greed, neglect and/or harassment.

Related image

Among the reforms that DBI should immediately enact:

  • Hit slumlord violators with a fine—payable immediately—for at least $2,000 to $5,000 for each health/safety-code violation. The slumlord would be told he could reclaim 75-80% of the money only if 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.
  • 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.  
  • 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 divided among DBI and other agencies charged with protecting San Francisco residents.
  • In addition. he would be hit again with a fine at least twice the amount of the first one.  
  • Inspectors for DBI should be allowed to cite landlords for violations that fall under the jurisdiction of the Department of Public Health (DPH). They could then pass the information to DPH for its own investigation.  
  • If the DBI inspector later discovered that the landlord had not corrected the DPH violation within a designated time-period, DBI should be allowed to levy its own fine for his failure to do so.
  • If DPH objects to this, DBI should propose that DPH’s own inspectors be 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.

  • 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 the necessary assistance. As matters now stand, many residents are confused by the conflicting jurisdictions of both agencies.  
  • 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.
  • The Inspection Division should operate independently of DBI.Currently,  too many high-ranking DBI officials tilt toward landlords because they are landlords themselves.
  • DBI should create a Special Research Unit to compile records on the worst slumlord offenders. Thus, a slumlord with a repeat history of defying DBI Notices of Violation could be treated more harshly than a landlord who was a first-time offender.
  • Turning DBI into a revenue-producing agency would enable the City to raise desperately-needed revenues—in a highly popular way. Fining delinquent slumlords would be as popular as raising taxes on tobacco companies. Only slumlords and their hired lackey allies would object.  
  • DBI should legally require landlords to rehabilitate a unit every time a new tenant moves in, or 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.
  • Slumlords, unlike drug-dealers, can’t move their buildings from one street or city to another. If they want to make money in San Francisco, they will have to submit to the jurisdiction of landlord-regulating agencies.  
  • DBI should require landlords to post their Notices of Violation in public areas of their buildings—and levy severe fines for failing to do so. When DBI orders a slumlord to take corrective action, s/he is the only one who is notified.  If that slumlord refuses to comply with that directive, s/he is the only one who knows 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—so they can promptly notify inform DBI if a violation is occurring. 

  • Landlords should be legally required to give each tenant a list of the major city agencies (such as DBI, the Rent Board and the Department of Public Health) that exist to help tenants solve problems with their housing.
  • DBI should launch—and maintain—a citywide advertising campaign to alert residents about its services. Everyone knows the FBI pursues bank robbers. But too many San Franciscans don’t 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’s always malfunctioning? Have you complained to your landlord and gotten the runaround? Then call DBI at—- Or drop us an email at_____.”

COMBATING SLUMLORDS: PART ONE (OF THREE)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on July 11, 2023 at 12:11 am

As of 2022, seven states—California, Maine, Maryland, Minnesota, New Jersey, New York, Oregon  and the District of Columbia—offer tenant protections via residential rent control. 

Only 34 out of 482 cities in California have strong tenant protections.

And only 15 cities in California have rent controls on landlords’ greed: Alameda, Berkeley, Beverly Hills, East Palo Alto, Hayward, Los Angeles, Los Gatos, Mountain View, Oakland, Palm Springs, Richmond. San Francisco, San Jose, Santa Monica, and West Hollywood.

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.

Kip and Nicole Macy are two former San Francisco slumlords who pled guilty to felony charges of residential burglary, stalking and attempted grand theft.

Landlords From Hell, Nicole And Kip Macy, Sentenced For Waging Campaign Of Terror On Tenants | HuffPost null

Nicole and Kip 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.
  • 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 ammonia.

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 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?”  

Everybody in San Francisco knows who the slumlords are. But the District Attorney’s Office hasn’t criminally prosecuted a slumlord in decades. 

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 (DBI), which is charged with ensuring that apartment buildings are in habitable condition.  

Under San Francisco law:

  • 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.

How could it be changed?

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

Consider:

  • In 2022, at least 25,000 untested rape kits sat in law enforcement agencies and crime labs across 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.  Related image

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.

HERE’S A SECRET: SOCIAL MEDIA DOESN’T LOVE YOU

In Bureaucracy, Business, History, Politics, Social commentary on July 10, 2023 at 12:29 am

Years ago, Michael Martin, a Los Angeles-based computer repair expert, offered me some advice I have found absolutely essential. 

“When you call Technical Support,” he said, “they’re accessing the same information you can get via the computer.

“Most of the time they’re going to have you put the Restore Disk back into the computer and restore it back to default.  It wipes out everything on your computer. Technical support costs a lot of money for a company—to hell with your data.

“Be very cautious when you get on the phone with any computer company and they advise you to run the Restore Disk.”

Photo of Michael Martin the Pc Expert - Los Angeles, CA, United States

Michael Martin

What Martin said about the unwillingness of computer companies to provide technical support applies just as much to social media websites.

Consider the case of Facebook, the largest social media and networking service. By 2023, it had more than two billion daily active users.

Such a huge audience attracts advertisers. And this, in turn, has armed Facebook with total assets of $184.49 billion as of March 2023. These revenues have given its founder and CEO, Mark Zuckerberg, an estimated net worth of $104.4 billion.

Yet, for all the billions pouring into Facebook’s coffers, the company refuses to provide a way for its users to directly contact Facebook headquarters.

This may not seem important. But the following case will demonstrate why it is.

A short while ago, a friend of mine (whom I’ll call Janet) sent Zuckerberg a letter, which opened:

“Today while chatting with someone on Facebook I found myself bounced from the page. I was instructed to log in again. When I did so, I got the following message:

  Secure Your Account

Hi Janet, we think your computer is infected with malware, and it’s spreading spam through your Facebook account. We’ll walk you through a few steps to explain more and scan your computer for malware.

“Naturally, my first reaction was to contact Facebook to find out what, exactly, was meant by Spam. I quickly found, however, that although Facebook’s customers like me have made you a billionaire, they aren’t considered important enough to be provided with direct support for resolving problems like this.

“All that I could do was put a message on file with your ‘Report a Login Issue’ page. I received no response, so I sent another. This, too, has gone unanswered.

“At the bottom of the ‘Report a Login Issue’ page is this: “Thanks for taking the time to submit a report. While we don’t reply to every report, we’ll let you know if we need more details.”

“In short, even after a customer puts a help-request on file with Facebook, s/he has no guarantee that s/he will even receive the courtesy of a reply, let alone the help needed to resolve the problem.

“Is this really what you are proud to call customer service?

“I think it’s entirely appropriate to ask people I don’t know—and who want to roam freely through my computer—exactly what it is they believe is Spam. Because if it isn’t Spam, there’s no reason for them to be roaming freely through my computer.” 

Mark Zuckerberg

Mark Zuckerberg

Janet never received a reply from Zuckerberg—nor from anyone subordinate to him.

Facebook is still the most popular social platform on the Internet. Yet its future is far from certain.

The 2021 Apple iOS privacy update, App Tracking Transparency, limited the tracking capabilities of digital advertisers and enabled iPhone users to opt-out of data sharing. This has cost Facebook an estimated $10 billion.

And younger audiences are more comfortable telling stories and sharing updates by creating image and video content. 

No doubt another major reason for their discontent is the arrogance of Facebook’s censors.

Another friend of mine—Jim—recently landed in “Facebook Jail” after getting this notice:

We removed content you posted

We removed this content because it doesn’t follow the Facebook Community Standards

 

The offending post was a news story about Texas Congressman Joe Barton. It described how he had sent a series of smarmy emails to numerous women—while, of course, posing as a paragon of “family values.”

Facebook jail Memes

Jim sent a letter to Facebook’s headquarters at 1 Hacker Way, Menlo Park, California 94025:

“If Facebook is going to hold its users to a set of standards, those standards should be clearly and specifically posted. Certainly a legitimate news story—no matter on what the subject—should fall within allowable posting guidelines. But apparently Facebook’s anonymous censors do not agree.

“Facebook functions the way the gods of the ancient Greeks were believed to act: In a totally arbitrary manner, whose decisions, however unwarranted, are beyond appeal.”

One user offended censors by his too-frequent use of the “Like” option. How this violated Facebook’s terms of service was never explained.

During the 2016 Presidential election, Russian trolls used Facebook, Twitter and Google to post misleading articles and comments. These helped put Donald Trump, a would-be protégé of Vladimir Putin, in office.

During the COVID-19 pandemic, Facebook and Twitter were flooded with posts denying the reality of the virus and offering whackjob “cures” or “preventatives.” Untold numbers of Americans died as a result. 

The moral: Social media companies have your wallet at heart, not you.

A FOOL FOR HIS CLIENT

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on June 29, 2023 at 12:18 am

“A lawyer who pleads his own case has a fool for his client.”  

It’s a long-known legal maxim—and a time-tested one.

When you’re facing a major life stress—such as a criminal indictment—you can’t be objective on your own behalf. 

That’s why even brilliant lawyers hire other lawyers to represent them when they’re facing civil or criminal charges. 

Of course, if you’re Donald Trump, all bets are off.

On June 13, he became the first ex-President to be formally booked by the Justice Department on federal charges.

United States Department of Justice - Wikiwand

Seal of the Department of Justice

He’s now facing 37 felony charges based on his retaining and hiding classified government documents from authorities.

 These charges include: 

  • Willfully retaining national defense information: Storing 31 classified documents at Mar-a-Lago.
  • Conspiring to obstruct justice: Conspiring to keep those documents from the grand jury.
  • Withholding a document or a record: Misleading one of his attorneys by moving boxes of classified documents so the attorney could not find or introduce them to the grand jury.
  • Concealing a document in a federal investigation: Hiding Trump’s possession of classified documents at Mar-a-Lago from the FBI and causing a false certificate to be submitted to the FBI.
  • Scheme to conceal: Trump hid his continued possession of documents from the FBI and the grand jury.
  • False statements and representations: Trump caused another of his attorneys to make false statements to the FBI and grand jury about the search at Mar-a-Lago.

Trump has long bragged that he is an expert on virtually everything. 

Asked on MSNBC’s “Morning Joe” who he consulted about foreign policy, Trump replied; “I’m speaking with myself, number one, because I have a very good brain and I’ve said a lot of things.” 

Related image

Donald Trump

Among the professions Trump has claimed to be an expert on 

TV ratings: “I know more about people who get ratings than anyone.”

ISIS: “I know more about ISIS than the generals do.”

Social media: “I understand social media. I understand the power of Twitter. I understand the power of Facebook maybe better than almost anybody, based on my results, right?”

Courts: “I know more about courts than any human being on Earth.”

Lawsuits: “[W]ho knows more about lawsuits than I do? I’m the king.”

Politicians: “I understand politicians better than anybody.”

Trade: “Nobody knows more about trade than me.” 

Nor is that by any means the end of his claimed expertise. If you believe him, he’s also an expert on:

  • Drones
  • Technology
  • The economy
  • Construction
  • Democrats
  • Infrastructure
  • Debt
  • Money
  • Taxes.

So it’s inevitable that, when you believe you’re the smartest person on earth, you aren’t going to pay attention to a mere criminal attorney—even when you’re facing the most serious crisis of your life.

Not only did he reject the advice of one attorney—he rejected the advice of several.

According to The Washington Post, Trump was extremely stubborn about negotiating with government officials. When one of his attorneys, Christopher Kise, suggested meeting with the Justice Department to negotiate a settlement that could avoid charges, Trump rejected that plan.

Instead, he listened to the advice of Tom Fitton, the president of the Right-wing group Judicial Watch. Fitton, who is not an attorney, told him he could keep the documents and that he should fight the Justice Department.

Tom Fitton

Tom Fitton 

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

Trump regularly cited Fitton to his advisers as he continued to fight the Justice Department. Several of those advisers blame Fitton for convincing Trump he had the right to keep the classified files.

Fitton told the Post he didn’t understand “any” of the indictment, saying he believed the charges levelled against the former president were a “trap.” 

This, of course, did not persuade Trump that he should listen to attorneys who did understand the legal dangers he was facing.

Fitton blamed Trump’s lawyers for not being more aggressive in fighting the subpoenas issued by the government.

“They had no business asking for the records….and they’ve manufactured an obstruction charge out of that,” Fitton told the Post. “There are core constitutional issues that the indictment avoids, and the obstruction charge seems weak to me.”

But it won’t be Fitton who discovers whether the Justice Department has a weak case. It will be Trump. 

Trump has had serious difficulties in finding attorneys to represent him in this case—and in the ones almost certain to arise before the year is out.

Free Scales Of Justice Clipart, Download Free Scales Of Justice Clipart png images, Free ClipArts on Clipart Library

According to a June 14 story in Forbes: Trump was represented by two of his existing attorneys at his arraignment. They were not, however, specialists in national security and lacked a security clearance.

This last is a mandatory requirement, owing to the Espionage Act charges that involve classified national defense information.

Many attorneys have refused to represent Trump—including David O. Markus, who recently defended former Florida gubernatorial candidate Andrew Gillum against corruption charges. Another, Howard Srebnick, was not allowed to represent Trump after talking to his legal partners.

Among the reasons lawyers don’t want to work for Trump:

  • His difficult reputation;
  • Using attorneys as attack dogs or political aides;
  • Refusing to heed legal advice and
  • Not paying his legal bills.

Donald Trump faces two major enemies: The Justice Department—and the private legal community. 

VLADIMIR PUTIN: LEARNING THE WRONG LESSONS OF HISTORY

In Bureaucracy, History, Military, Politics, Social commentary on June 28, 2023 at 12:12 am

Vladimir Putin believes himself to be a serious student of history. But he has drawn the wrong lessons from the past. 

During the American Revolution (1775-1783) and the War of 1812 (1812-1815) Great Britain encouraged Indian attacks on American settlers.

One of the worst of these attacks occurred on August 30, 1813, when over 700 Creek Indians destroyed Fort Mims, near Mobile, Alabama. About 500 militiamen, settlers, slaves and Creeks loyal to the Americans were slaughtered or captured.

Massacre at Fort Mims.jpg

Fort Mims massacre

Inflaming the Indians against settlers didn’t help the British on the battlefield—in the American Revolution or the War of 1812. But it did incite long-lasting hatred by the vast majority of Americans against the British—and even greater hatred of the Indians. 

To cite one example: The Fort Mims massacre inspired General Andrew Jackson to take the field, eventually destroying the Creeks as a nation and wresting Florida from Spain for the United States.

The British lost their American colony. And the Indians were gradually driven from their dominance of the continent. 

Similarly, Vladimir Putin has turned to Chechen mercenaries for help in conquering Ukraine. They are known as “Kadyrovtsy” or “Kadyrovites” after their leader, Ramzan Kadyrov, Chechnya’s pro-Kremlin strongman.

Human rights groups, witnesses and survivors have for decades accused them of murders, kidnappings and the torture of Kadyrov’s rivals and critics. 

Just as the Indians hoped to use their alliance with the British to defeat their Anglo-American enemies, so, too, do Chechen mercenaries hope to ingratiate themselves with the Kremlin.

Vladimir Putin 17-11-2021 (cropped).jpg

Vladimir Putin 

Kremlin.ru, CC BY 4.0 <https://creativecommons.org/licenses/by/4.0&gt;, via Wikimedia Commons

Yet that alliance has not advanced Russia’s fortunes on the battlefield, just as the British-Indian alliance did not gain victory for the British.

As Niccolo Machiavelli, writing more than 500 years ago in The Prince, warned: “[Mercenaries] have neither the fear of God nor fidelity to man, and destruction is deferred only as the attack is. For in peace one is robbed by them, and in war by the enemy.”

Moreover, the atrocities committed by Indians and Chechens only inflamed their enemies to seek revenge.  

In his masterwork, The Discourses, Machiavelli offered a lesson on the power of mercy even in the midst of war. 

“Marcus Furius Camillus, a Roman general, was besieging the city of the Faliscians, and had surrounded it. A teacher charged with the education of the children of some of the noblest families of that city decided to ingratiate himself with Camillus by leading those children into the Roman camp. 

“Presenting them to Camillus the teacher said to him, ‘By means of these children as hostages, you will be able to compel the city to surrender.’

“Camillus not only declined the offer but had the teacher stripped and his hands tied behind his back. Then he had a rod put into the hands of each of the children and directed them to whip the teacher all the way back to the city. 

“Upon learning this, the citizens of Faliscia were so much touched by the humanity and integrity of Camillus, that they surrendered the place to him without any further defense.”

Summing up the meaning of this, Machiavelli writes: “This example shows that an act of humanity and benevolence will at all times have more influence over the minds of men than violence and ferocity.  It also proves that provinces and cities which no armies…could conquer, have yielded to an act of humanity, benevolence, chastity or generosity.

“…History also shows us how much the people desire to find such virtues in great men, and how much they are extolled by historians and biographers of princes….Amongst these, Xenophon takes great pains to show how many victories, how much honor and fame, Cyrus gained by his humanity and affability, and by his not having exhibited a single instance of pride, cruelty or luxuriousness, nor of any of the other vices that are apt to stain the lives of men.”

Quote by Machiavelli: “Necessity is what impels men to take action ...

Niccolo Machiavelli

Then there has been Putin’s use of terror-attacks on Ukrainian cities.

Using bombers and long-range artillery, Putin has tried to compensate for losses on the battlefield by terrorizing Ukrainians into surrender. 

Adolf Hitler applied the same tactic against an equally stubborn Great Britain during the Second World War. in 1940-41.

Unable to invade England because the British Navy controlled the sea, Hitler turned to terror-bombing. 

He believed he could terrorize Britons into demanding that their government yield to German surrender demands.

From September 7, 1940 to May 21, 1941, the Luftwaffe subjected England—and especially London—to a ruthless bombing campaign that became known as The Blitz.

The undamaged St. Paul’s Cathredal, December, 1940

During 267 days—almost 37 weeks—between 40,000 and 43,000 British civilians were killed. About 139,000 others were wounded.

But the terror-bombing only inflamed Britons to fight Germany even more stubbornly.

Vladimir Putin has learned nothing from these historical lessons.

He has employed mercenaries and terror-bombing against patriotic Ukrainians—who continue to sweep Russian forces from their country.

If he employs even “small” tactical weapons, he risks triggering a fullscale NATO response—thus destroying the Russian empire he hopes to re-create.

Finally: Even if he conquers Ukraine, he will inherit a hate-filled population thirsting for revenge at every opportunity. 

THE DANGERS OF MERCENARIES–IN REALITY AND FICTION

In Bureaucracy, Business, History, Military, Politics, Social commentary on June 27, 2023 at 12:36 am

In May, 2014, Yevgeny Prigozhin founded the Kremlin-affiliated mercenary army Wagner Group.

Since Russian President Vladimir Putin ordered a “special military operation” against Ukraine on February 24, 2022, Wagner has played a major role in the fighting. 

Prigozhin has repeatedly clashed with Russian Defense Minister Sergei Shoigu, blaming him for a lack of ammunition to his embattled fighters—resulting in thousands of casualties. 

YevgenyPrigozhin.jpg

Yevgeney Prigozhin

Government of the Russian Federation, CC BY 3.0 <https://creativecommons.org/licenses/by/3.0&gt;, via Wikimedia Commons

On June 23, 2023, Prigozhin claimed that regular Russian armed forces had launched missile strikes against Wagner forces, killing a “huge” number.

He announced: “The council of commanders of PMC Wagner has made a decision—the evil that the military leadership of the country brings must be stopped.”

In response, criminal charges were filed against Prigozhin by the Russian Federal Security Service —the renamed KGB—for inciting an armed rebellion.

Wagner withdrew from Ukraine, occupied the Russian city of Rostov-on-Don and headed for Moscow. While doing so, Wagner shot down a Russian fighter plane and several military helicopters.

Putin decried the action as treason, and vowed to quash the uprising. 

Talks between Prigozhin and Belarussian president Alexander Lukashenko resulted in charges being dropped. Wagner ceased its march on Moscow. Prigozhin will move to Belarus but remain under investigation for treason. Wagner troops will return to Ukraine. 

The danger of relying on mercenaries forms the plot of The Profession, a 2011 novel by bestselling author Steven Pressfield.

The Profession

Pressfield made his literary reputation with a series of classic novels about ancient Greece.

In Gates of Fire (1998) he explored the rigors and heroism of Spartan society—and the famous last stand of its 300 picked warriors at Thermopylae.

In The Virtues of War (2004) he entered the mind of Alexander the Great, whose armies swept across the known world, destroying all who dared oppose them.  

But in The Profession, Pressfield created a plausible world set into the future of 2032. The book’s own dust jacket offers the best summary of its plot-line:

“Everywhere military force is for hire. Oil companies, multi-national corporations and banks employ powerful, cutting-edge mercenary armies to control global chaos and protect their riches.

“Force Insertion is the world’s merc monopoly. Its leader is the disgraced former United States Marine General James Salter, stripped of his command by the president for nuclear saber-rattling with the Chinese and banished to the Far East.’

Steven Pressfield Focused Interview

 Steven Pressfield

Salter appears as a hybrid of World War II General Douglas MacArthur and Iraqi War General Stanley McCrystal.

Like MacArthur, Salter has butted heads with his President—and paid dearly for it. Now his ambition is no less than to become President himself—by popular acclaim. And like McCrystal, he is a pure warrior who leads from the front and is revered by his men.

Salter seizes Saudi Arabian oil fields, then offers them as a gift to America. By doing so, he makes himself the most popular man in the country—and a guaranteed occupant of the White House.

And in 2032 the United States is a far different nation from the one its Founding Fathers created in 1776.

Douglas MacArthur (left), Stanley McCrystal (right)

“The United States is an empire…but the American people lack the imperial temperament,” asserts Salter. “We’re not legionaries, we’re mechanics. In the end the American Dream boils down to what? ‘I’m getting mine and the hell with you.’”

Americans, says Salter, have come to like mercenaries: “They’ve had enough of sacrificing their sons and daughters in the name of some illusory world order. They want someone else’s sons and daughters to bear the burden….

“They want their problems to go away. They want me to to make them go away.”

And so Salter will “accept whatever crown, of paper or gold, that my country wants to press upon me.”

Returning to the United States, he is acclaimed as a hero—and the next President.

He is under no delusion that his country is on a downward spiral toward oblivion: “Any time that you have the rise of mercenaries…society has entered a twilight era, a time past the zenith of its arc.”

Nor does he believe that his Presidency will arrest that decline: “But maybe in the short run, it’s better that my hand be on the wheel…rather than some other self-aggrandizing sonofabitch whose motives might not be as well intentioned….” 

More than 500 years ago, Niccolo Machiavelli warned of the dangers of relying on mercenaries:

“Mercenaries…are useless and dangerous. And if a prince holds on to his state by means of mercenary armies, he will never be stable or secure; for they are disunited, ambitious, without discipline, disloyal; they are brave among friends; among enemies they are cowards.

 Niccolo Machiavelli

“They have neither the fear of God nor fidelity to men, and destruction is deferred only so long as the attack is. For in peace one is robbed by them, and in war by the enemy.”

Centuries ago, Niccolo Machiavelli issued a warning against relying on men whose first love is their own enrichment.

Steven Pressfield, in a work of fiction, has given us a nightmarish vision of a not-so-distant America where “Name your price” has become the byward for an age.

Both warnings are well worth heeding.