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Posts Tagged ‘THE NEW YORK TIMES’

“LINCOLN”: ISSUES PAST AND PRESENT

In Bureaucracy, History, Military, Politics, Social commentary on December 3, 2014 at 11:26 pm

Steven Spielberg’s Lincoln is more than a mesmerizing history lesson.

It’s a timely reminder that racism and repression are not confined to any one period or political party.

At the heart of the film: Abraham Lincoln (Daniel Day-Lewis) wants to win ratification of what will be the Thirteenth Amendment to the United States Constitution.

An amendment that will forever ban slavery.

True, Lincoln, in 1862, had issued the Emancipation Proclamation. This–in theory–freed slaves held in the Confederate states that were in rebellion against the United States Government.

(In reality, Confederate states had no intention of complying with any procolmation issued by Lincoln.)

But Lincoln regards this as a temporary wartime measure.

He fears that, once the war is over, the Supreme Court may rule the Proclamation unconstitutional.  This might allow Southerners to  continue practicing slavery, even after losing the war.

To prevent this, Congress must pass an anti-slavery amendment.

But winning Congressional passage of such an amendment won’t be easy.

The Senate had ratified its passage in 1864.  But the amendment must secure approval from the House of Representatives to become law.

And the House is filled with men–there are no women menmbers during the 19th century–who seethe with hostility.

Some are hostile to Lincoln personally.  One of them dubs him a Negroid dictator: “Abraham Africanus.”  Another accuses him of shifting his positions for the sake of expediency.

Other members–white men all–are hostile to the idea of “equality between the races.”

To them, ending slavery means opening the door to interracial marriage–especially marriage between black men and white women.  Perhaps even worse, it means possibly giving blacks–or women–the right to vote.

In fact, the possibility that blacks might win voting rights arises early in the movie.  Lincoln is speaking to a couple of black Union soldiers, and one of them is unafraid to voice his discontent.

He’s upset that black soldiers are paid less than white ones–and that they’re led only by white officers.

He says that, in time, maybe this will change.  Maybe, in 100 years, he guesses, blacks will get the right to vote.

(To the shame of all Americans, that’s how long it will eventually take.  Not until the passage of the Voting Rights Act of 1965 will blacks be guaranteed legal protection against discriminatory voting practices.)

To understand the Congressional debate over the Thirteenth Amendment, it’s necessary to remember this:  In Lincoln’s time, the Republicans were the party ofprogressives.

The party was founded on an anti-slavery platform.  Its members were thus reviled as “Black Republicans.”

And until the 1960s, the South was solidly DemocraticDemocrats were the ones defending the status quo–slavery–and opposing freed blacks in the South of Reconstruction and long afterward.

In short, in the 18th century, Democrats in the South acted as Republicans do now.

The South went Republican only after a Democratic President–Lyndon B. Johnson–rammed the Civil Rights Act of 1964 through Congress.

Watching this re-enactment of the 1865 debate in Lincoln is like watching a rerun of the 2012 Presidential campaign.  The same mentalities are at work:

  • Those (in this case, slave-owners) who already have a great deal want to gain even more at the expense of others.
  • Those (slaves and freed blacks) who have little strive to gain more or at least hang onto what they still have.
  • Those who defend the privileged wealthy refuse to allow their “social inferiors” to enjoy similar privileges (such as the right to vote).

During the 2012 Presidential race, the Republicans tried to bar those likely to vote for President Barack Obama from getting into the voting booth.  But their bogus “voter ID” restrictions were struck down in courts across the nation.

Listening to those opposing the amendment, one is reminded of Mitt Romney’s infamous comments about the “47%: “

“Well, there are 47% of the people who will vote for the president no matter what….

“Who are dependent upon government, who believe that–-that they are victims, who believe that government has a responsibility to care for them, who believe that they’re entitled to healthcare, to food, to housing, to you name it.

“But that’s-–it’s an entitlement. And the government should give it to them.”

In the end, however, it is Abraham Lincoln who has the final word.  Through diplomacy and backroom dealings (trading political offices for votes) he wins passage of the anti-slavery amendment.

The movie closes with a historically-correct tribute to Lincoln’s generosity toward those who opposed him–in Congress and on the battlefield.

It occurs during Lincoln’s Second Inaugural Address: “With malice toward none, with charity for all….To bind up the nation’s wounds.  To care for him who shall have bourne the battle and for his widow and his orphan….”

This ending presents a vivid philosophical contrast with Romney’s sore-loser comments: “The president’s campaign, if you will, focused on giving targeted groups a big gift.”

Watching Lincoln, you realize how incredibly lucky we were as a nation to have had such leadership when it was most needed.  And how desperately we need it now.

INFORMANTS VS. RATS

In Bureaucracy, History, Law, Law Enforcement on December 3, 2014 at 12:00 am

In the 1981 police drama, “Prince of the City,” both cops and criminals use plenty of four-letter words.

But the word both groups consider the most obscene is spelled is spelled with three letters: R-a-t.

The movie is based on the true-life story of former NYPD detective Robert Leuci (“Danny Ciello” in the film, and played by Treat Williams).  It’s based on the best-selling nonfiction book, Prince of the City, by Robert Daley, a former deputy commissioner with NYPD.

Leuci/Ciello volunteers to work undercover against massive corruption among lawyers, bail bondsmen and even his fellow narcotics agents.

Along the way, the movie gives viewers numerous insights into not only how real-world cops work but how they see the world–and their role in it.

Robert Leuci (“Danny Ciello” in “Prince of the City”)

In its first scenes, “Prince” shows members of the elite Special Investigating Unit (SIU) preparing for a major raid on an apartment of Columbian drug-dealers.

Ciello, sitting in a restaurant, gets a tip on the Columbians from one of his informants.  He then phones it in to his fellow officers.  Together, they raid the apartment, assault the dealers, and confiscate their drugs and money.

The film makes it clear that even an elite detective squad can’t operate effectively without informants.  And in narcotics cases, these are either addicts willing to sell out their suppliers or other drug-dealers willing to sell out their competitors.

For the cops, the payoff is information that leads to arrests.  In the case of the SIU, that means big, headline-grabbing arrests.

Drug raid

With their superiors happy, the stree-level detectives are largely unsupervised–which is how they like it.  Because most of them are doing a brisk business shaking down drug-dealers for their cash.

For their informants, the payoffs come in several forms, including:

  • Allowing addicts to continue using illegal drugs.
  • Supplying addicts with drugs, such as heroin.
  • Allowing drug-dealers to continue doing business.
  • Supplying drug-dealers with information about upcoming police raids on their locations.

All of these activities are strictly against the law.  But to the men charged with enforcing anti-narcotics laws, this is the price to be paid for effective policing.

But not all police informants are criminals.  Many of them work in highly technical industries–such as  phone companies.

A “connection” such as this is truly prized.  With it, a detective can illegally eavesdrop on the conversations of those he’s targeting.

He doesn’t have to go through the hassles of getting a court-approved wiretap.  Assuming he has enough evidence to convince a judge to grant such a wiretap.

A top priority for any cop–especially a narcotics cop–is protecting the identities of his informants.

At the very least, exposing such identities could lead to embarrassment, unemployment, arrest and imprisonment.  At worst, it could lead to the murder of those informants by enraged criminals.

But there is another reason for protecting the identity of informants: The cop who amasses a roster of prized informants is seen as someone special within the police department, by colleagues and superiors alike.

He knows “something” they do not.  And that “something” allows him to make a lot of arrests–which, in turn, reflects well on the police department.

If those arrests end in convictions, his status within the department is further enhanced.

But while a cop is always on the lookout for informants against potential targets, that doesn’t prevent him from generally holding such people in contempt.

“Rats,” “finks,” “stool pigeons,” “canaries,” “informers”–these are among the more printable terms (for most media) cops use to describe those who betray the trust of others.

Such terms are never used by cops when speaking to their informants.

For cops, the most feared- and -hated part of every police department is its Internal Affairs Division (IAD).  This is the unit charged with investigating allegations of illegal behavior by police.

For most cops, IAD represents the devil incarnate.  Any officer who would be willing to “lock up” a “brother officer” is considered a traitor to the police brotherhood.

Even if that “brother officer” is engaging in behavior that completely violates his sworn oath “to protect and serve.”

In “Prince of the City,” Danny Ciello gives voice to just these feelings.

He’s preparing to betray the trust of his fellow narcotics officers by exposing the massive corruption among them.  Yet he fiercely rejects the idea that he is a “rat.”

“A rat is when they catch you and make you an informer,” he tells his wife.  “This is my game.”

Ciello has volunteered to obtain evidence of corruption; he’s not under some prosecutor’s thumb.  That, to him, makes him different from a “rat.”

Of course, once Ciello’s cover is blown and his fellow cops learn what he has done, they will forever brand him a “rat,” the worst sort of turncoat.

The movie ends with Ciello now teaching surveillance classes at the NYPD Academy.  A student asks: “Are you the Detective Ciello?”

“I’m Detective Ciello.”

“I don’t think I have anything to learn from you.”

For viewers seeking to learn the workings–and mindsets–of real-world police agencies,  “Prince of the City” has a great many lessons to teach.

REAGAN’S RASPUTIN

In Bureaucracy, History, Politics, Social commentary on December 2, 2014 at 12:00 am

The Presidency of Ronald W. Reagan consumed eight years of American history: 1981 – 1989. But its greed-fueled legacies continue to haunt us.

On October 21, the woman responsible for one of those legacies–government by astrologer–passed away at age 87.

Yes, Joan Quigley is dead.

For those unfamiliar with that name: Quigley was the court astrologer to Ronald and Nancy Reagan.

Ronald and Nancy Reagan in the White House

Nancy Reagan met Quigley on “The Merv Griffin Show” in 1973.

Quigley gave Nancy–and through her, Reagan himself–astrological advice during the latter’s campaign for the Republican Presidential nomination in 1976.

That effort failed to unseat President Gerald Ford–who was defeated that November by Jimmy Carter.

Four years later, in 1980, Reagan defeated Carter to become the 40th President of the United States.

On March 30, 1981, a mentally-disturbed loner named John W. Hinckley shot and critically wounded Reagan.  Fixiated on actress Jodie Foster, he believed that by shooting the President he could gain her affection.

For Nancy, the assassination attempt proved a watershed.

Shortly after the shooting, Merv Griffin told her that Quigley had told him: If Nancy had called her on that fateful day, she–Quigley–could have warned that the President’s astrological charts had foretold a bad day.

From that moment on, Nancy made sure to regularly consult Quigley on virtually everything that she and the President intended to do.

When Reagan learned of Nancy’s consultations with Quigley, he warned her: Be careful, because it might look odd if it came out.

Click here: The President’s Astrologers – Joan Quigley, Nancy Reagan, Politicians and Their Families, Ronald Reagan : People.c

Many–if not most–of these calls from the White House to Quigley’s office in San Francisco were made on non-secure phone lines.

Joan Quigley

This meant that foreign powers–most notably the Soviet Union and Communist China–could have been privy to Reagan’s most secret intentions.

Nancy passed on Quigley’s suggestions as commands to Donald Regan, chief of the White House staff.

As a result, Regan kept a color-coded calendar on his desk to remember when the astrological signs were good for the President to speak, travel, or negotiate with foreign leaders.

Green ink highlighted “good” days; red ink “bad” days; yellow ink “iffy” days.

A list provided by Quigley to Nancy made the following recommendations–which Nancy, in turn, made into commands:

Late Dec thru March    bad
Jan 16 – 23    very bad
Jan 20    nothing outside WH–possible attempt
Feb 20 – 26    be careful
March 7 – 14    bad period
March 10 – 14    no outside activity!
March 16    very bad
March 21    no
March 27    no
March 12 – 19    no trips exposure
March 19 – 25    no public exposure
April 3    careful
April 11    careful
April 17    careful
April 21 – 28    stay home

Donald Regan, no fan of Nancy’s, chafed under such restrictions: “Obviously, this list of dangerous or forbidden dates left very little lattitude for scheduling,” he later wrote.

Forced out of the White House in 1987 by Nancy, Regan struck back in a 1988 tell-all memoir: For the Record: From Wall Street to Washington.

In 1988, after her secret role in the Reagan White House was revealed, Quigley told the Associated Press that she was a “serious, scientific astrologer.”

The book revealed, for the first time, how Ronald Reagan had actually made his Presidential decisions.

All–including decisions to risk nuclear war with the Soviet Union–were based on a court astrologer’s horoscopes.  Rationality and the best military intelligence available played a lesser, secondary role.

The last time major world leader to turn to the supernatural for advice had been Russian Czar Nicholas 11.  His advisor had been Grigori Rasputin, a Siberian peasant whom Empress Alexandra believed was the only man who could save her hemophilic son–and heir to the throne.

In 1990, Quigley confirmed the allegations an autobiography, What Does Joan Say?: My Seven Years As White House Astrologer to Nancy and Ronald Reagan.

Click here: What Does Joan Say?: My Seven Years As White House Astrologer to Nancy and Ronald Reagan: Joan Quigley

The title came from the question that Ronald Reagan asked Nancy before making important decisions–including those that could risk the destruction of the United States.

Among the success Quigley took credit for:

  • Strategies for winning the Presidential elections of 1980 and 1984;
  • Helping Nancy Reagan overhaul her image as a spoiled rich girl;
  • Defusing the controversey over Reagan’s visiting a graveyard for SS soldiers in Bitburg, Germany;
  • Pursuing “Star Wars” as a major part of his strategy against the Soviet Union;
  • The Intermediate-Range Nuclear Forces Treaty;
  • Protecting Reagan from would-be assassins through timely warnings to Nancy; and
  • Moving Reagan from seeing the Soviet Union as the “Evil Empire” to accepting Mikhail Gorbachev as a peace-seeking leader.

Thirty-three years after he became President, Ronald Reagan remains the most popular figure among Republicans.

His name is constantly invoked by Right-wing candidates, while his deliberately-crafted myth is held up as the example of Presidential greatness.

A number of precedents of the Reagan administration–like government by astrologer–might lend themselves to easy abuse.  Thus, voters should consider this carefully before elevating “another Reagan” to the Presidency.

IN THE NAME OF SAINT MICHAEL THE THUG

In Bureaucracy, History, Law, Law Enforcement, Social commentary on December 1, 2014 at 12:00 am

A grand jury declined to indict a white police officer, Darren Wilson, for the killing of Michael Brown, a black teenager.

And blacks in Ferguson, Missouri, erupted in looting and arson–with demonstrations breaking out in cities across the country.

These events have dominated news coverage–especially on TV–since November 24.

But there has been much that the media has not dared to mention.

Most importantly: From the beginning, a double standard has reigned in this case:

CHARGE: Shortly after the killing of Michael Brown, police released a video showing him robbing a grocery store and manhandling the its owner.

Click here: SURVEILLANCE VIDEO: Police say Michael Brown was suspect in Ferguson store robbery – YouTube

TRUTH:  Blacks were outraged–not because they believed it wasn’t Michael on the videotape, but because it showed their anointed hero as a robbing thug.

Michael Brown (left) roughing up a store owner

CHARGE: Following the shooting of Brown on August 9th, police deployed massive force to prevent rioting. Ferguson’s blacks charged that it was militarized overkill.

TRUTH: When the grand jury released its findings on November 24, Ferguson blacks started looting and burning stores.

Then blacks raged that the police should have had a massive presence to keep their brethren in line.  No one has conceded that originally deploying large numbers of anti-riot police had been a good idea after all.

CHARGE: Many Ferguson blacks complained that the grand jury was taking too long (three months) interviewing scores of witnesses before reaching its verdict.

TRUTH: When the verdict was released, Ferguson blacks said the grand jurors should have examined less evidence, so they wouldn’t have been confused by conflicting statements.

CHARGE: Ferguson blacks generally and the Brown family in particular have repeatedly called Michael Brown “a child.”

TRUTH: Michael Brown was 18–legally an adult who could obtain a credit card, enter the armed forces and drive a car.  He also stood 6’3″ and weighed 300 pounds.

CHARGE: The Brown family has claimed that Michael didn’t have a criminal record as an adult.

TRUTH:  But he may have had a juvenile one.

The citizen journalism website GotNews has filed a lawsuit against St. Louis authorities seeking the release of Brown’s juvenile record.  The suit alleges that Brown was a gang member and faced a second-degree murder charge.

If true, it would explain why he was determined to avoid arrest–it would have meant his being tried as an adult.

Click here: Lawsuit seeking release of Michael Brown’s juvenile records claims slain teen was a murder suspect – AOL.com

CHARGE: Michael’s mother, Lesley Mcspadden, has appeared on a series of news and interview programs, including “Today” and the prestigeous PBS “Charlie Rose Show.” As the parent of a dead son, she has been treated with great deference, even when making such charges as “My son was running for his life.”

TRUTH:  But what has not come up in any of these interviews is this: She herself could face felony armed robbery charges.  She has been accused of attacking people in a Ferguson parking lot for selling “Justice for Mike Brown” T-shirts.  Among the victims: Her former mother-in-law.

Click here: Michael Brown’s mom may face robbery charges: report – NY Daily News

CHARGE: Michael Brown’s stepfather, Louis Head, is a victim of his emotions of rage and grief.  At least, that’s the official line of Benjamin Crump, an attorney for the Brown family:

“God forbid your child was killed …and then they get that just devastating announcement in the manner it was announced, and somebody put a camera in your face. What would be your immediate reaction?”

TRUTH: On the night of November 24, Louis Head urged his fellow residents of Ferguson to “burn this bitch down!”  By “bitch” he meant Ferguson itself.

Standing atop a platform in the midst of several hundred frenzied protesters, he screamed at least 10 times: “Burn this motherfucker down!” and “Burn this bitch down!”

Head may well find himself the target of criminal prosecution and civil lawsuits.

Missouri Lieutenant Governor Peter Kinder has called for Head’s arrest for inciting to riot.

And those whose stores were burned and/or looted could file civil lawsuits against Head as being liable for their losses.

A legal precedent for such lawsuits emerged 24 years ago, and still remains viable.

On November 13, 1988 in Portland, Oregon, three white supremacist members of East Side White Pride and White Aryan Resistance (WAR) beat to death Mulugeta Seraw, an Ethiopian man who came to the United States to attend college.

Morris Dees and the Southern Poverty Law Center filed a civil suit (Berhanu v. Metzger) against Tom Metzger, founder of WAR.  They argued that WAR influenced Seraw’s killers by encouraging their group, East Side White Pride, to commit violence.

Tom and John Metzger were found civilly liable under the doctrine of vicarious liability, in which one can be liable for a tort committed by a subordinate or by another person who is taking instructions.

In October 1990, the jury returned a verdict—$12.5 million—against Metzger and WAR. The Metzgers’ house was seized, and most of WAR’s profits go to paying off the judgment.

Thus, a law applied to whites who agitate violence can be applied to blacks who do the same.

TELL YOUR AIRLINE TO FLY OFF

In Bureaucracy, Business, Self-Help, Social commentary on November 28, 2014 at 12:13 am

Imagine the following situation:

  • You’re vacationing in Denver and must return to San Francisco for an urgent-care medical appointment
  • You’re disabled but nevertheless arrive at the airport on time.
  • The airport–in violation of the Americans With Disabilities Act–doesn’t have anyone assigned to help disabled passengers get onto departing planes.
  • As a result, you arrive at the gate–just as the plane takes off.
  • The airline informs you that if you want to board a plane, you’ll have to pay for another ticket.
  • You can’t afford to buy another ticke–and your urgent-care appointment is tomorrow.

What do you do?

In this case, the stranded passenger called me: Bureaucracybuster.

First, I instinctively called the airline company. And that meant starting at the top–the president’s office.

I punched the name of the airline–and the words, “Board of Directors”–into google. This gave me several websites to click on to obtain the information I needed.

I started dialing–and quickly hung up: I had just remembered the day was a Sunday. Nobody but cleaning crews would be occupying the airline’s executive offices that day.

I had to start all over.

Next, I decided to call Denver Airport and find an official who would help Rachel onto another flight–without charging her for it.

I didn’t know where to start, so I decided that starting anywhere was just fine. As I was routed from one person to another, I would develop a sense of who I needed to reach.

Some of those I reached seemed genuinely concerned with Rachel’s plight. Others gave me the “that’s-life-in-the-big-city” attitude.

One of the latter felt I wasn’t deferential enough in my tone. He threatened to notify the chief of airport security.

“Go ahead,” I said. “I once worked for the United States Attorney’s Office. I’ll be glad to talk with him.”

He backed off–just as I had assumed he would. Usually the best way to deal with threats is to directly confront the person making them.

(A friend of mine, Richard St. Germain, spent part of his 11 years with the U.S. Marshals Service protecting Mafia witnesses. Many of them didn’t like the places where they were to be relocated under new identities.

“I’m going to complain to the Attorney General,” some of them would threaten.

St. Germain would reach for his office phone, plant it before the witness, and say, “Call him. I’ll give you his number.” The witness always backed off.)

Eventually I reached the Chief of Airport Operations. I outlined what had happened.

He didn’t seem very sympathetic. So I decided to transfer the problem from Rachel to the airport.

Without raising my voice, I said: “It isn’t her fault that your airport was in non-compliance with the Americans With Disabilities Act and she missed her flight because there wasn’t anyone to assist her.”

Suddenly his tone changed–and I could tell I had definitely reached him. No doubt visions of federal investigations, private lawsuits and truly bad publicity for his airport flashed across his mind.

And all this had been achieved without my making an overt threat of any kind.

He said he would see to it that she got onto another flight without having to buy another ticket.

I called Rachel to give her the good news. But a few minutes later she called me back, almost in tears.

The airline official at the departure gate was giving her a bad time: “If we have to choose between you and another passenger who has a ticket for this flight, he’ll go, not you.”

She laid out a series of other scenarios under which Rachel would remain stranded in Denver.

So once again I called the Chief of Airport Operations: “She’s being hassled by an official at the gate. Can you please send someone over there and put a stop to this nonsense?”

A few minutes later, I got another call from Rachel–this one totally upbeat.

She said that a man who identified himself only as an airport official–but wearing an expensive suit–had visited her at the gate. When the ticket-taking airline official had protested, he had cut her off.

The official had then walked Rachel and her baggage onto an otherwise fully-loaded 777 jet bound for San Francisco.

Soon she was en route to San Francisco for her urgent-care medical appointment the next day.

So if you’re having troubles with an airline:

  • Start by calling the highest-ranking airline official you can reach.
  • If s/he isn’t available or sympathetic, call the airport.
  • Be persistent–but businesslike.
  • Don’t let yourself be bullied.
  • If you can cite a legal violation by the airline and/or airport, don’t hesitate to do so. But don’t make overt threats.
  • Don’t hesitate to play for sympathy: “This is a woman has an urgent-care doctor’s appointment….”

Then cross your fingers and hope for the best.

SHOUTING “FIRE!” WITH INTENT TO CAUSE IT

In History, Law, Law Enforcement, Social commentary on November 27, 2014 at 1:04 am

“The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic.”

So wrote United States Supreme Court Justice Oliver Wendell Holmes in the 1919 case, Schenk vs. the United States.

On the night of November 24, Louis Head urged his fellow residents of Ferguson, Missouri, to “Burn this bitch down!”

By “bitch” he meant Ferguson itself.

Louis Head yells “Burn this bitch down!” and soon Ferguson erupts in flames.

The reason: A grand jury had just refused to indict Darren Wilson, the Ferguson police officer who had shot Head’s thuggish stepson, Michael Brown, last August.

Brown had just strong-armed a grocery store for some cigarillos before running into Wilson.

Wearing a white shirt emblazoned with “I AM MIKE BROWN” in black lettering, Head stood atop a platform in the midst of several hundred frenzied protesters.

“Burn this motherfucker down!” and “Burn this bitch down!” he screamed at least 10 times.

At one point he yelled for a microphone so he could reach an even larger audience.

Click here: “Burn this bitch down” – Michael Brown stepfather caught making those comments last night » The Right Scoop –

But Benjamin Crump–an attorney for the Brown family–offered a ready excuse for Head’s incitement to arson.

After saying that Head’s remarks were “raw emotion” and “completely inappropriate,” Crump sought to excuse such criminal behavior:

“God forbid your child was killed …and then they get that just devastating announcement in the manner it was announced, and somebody put a camera in your face,” he said. “What would be your immediate reaction?”

For most people, their “immediate reaction” would not be to incite others to arson.

During the previous week, Michael Brown Sr., father of the slain thug, had recorded a public service announcement: “Destroying property is not the answer.”

So what would Justice Holmes think about Louis Head urging his fellow citizens to “burn this bitch down”?

No doubt Holmes would vote to lock him up.

Holmes did, in fact, cast just such a vote in one of the most famous cases in Supreme Court history: Schenk vs. the United States.

After America entered World War I in 1917, Congress passed the Espionage Act. The law said that, during wartime, obstructing the draft and inciting soldiers to disloyalty or disobedience were crimes.

Charles Schenck, opposing the war, mailed thousands of anti-war pamphlets to men who had been drafted into the armed forces.

The government charged Schenck with violating the Espionage Act.

Schenck’s attorney argued that the Espionage Act was unconstitutional. He said that it violated the First Amendment: “Congress shall make no law…abridging the freedom of speech.”

After Sehenk was convicted, his case was appealed to the Supreme Court–which unanimously upheld his conviction.

Holmes–who wrote the decision–said that it did not violate his First Amendment right to free speech.

Oliver Wendell Holmes

“In many places and in ordinary times,” wrote Holmes, Schenck would have had a right to say everything that he said in his pamphlets.

But Holmes added that how far a person’s freedom of speech extends depends on the circumstances.

It’s hard imagining Holmes extending a person’s freedom of speech to include inciting others to arson–and potential murder.

While making his incitements, Head wore a shirt, on whose back was emblazoned: “I AM MIKE BROWN.”

According to The Smoking Gun website:

“Head is an ex-convict whose rap sheet includes two felony narcotics convictions, according to state records.

“He pleaded guilty in 1997 to a marijuana distribution charge and was put in a shock incarceration program and placed on probation for five years. After violating probation, Head’s release was revoked and he was remanded to state prison.

“In mid-2003, Head was charged with narcotics trafficking, a felony count to which he later pleaded guilty. The St. Louis native was sentenced to seven years in prison. He was released in June 2008 after serving about five years in custody.”

Click here: Michael Brown’s Stepfather Urged Protesters To “Burn This Bitch Down” After Grand Jury Announcement | The Smoking

Just before Michael Brown was shot by Darren Wilson, he had stolen a box of cigarellos from a local liquor store.  As he walks out the door, he can be seen on video arrogantly pushing aside the store owner.

In the immediate aftermath of Louis Head’s remarks:

  • At least 29 people were arrested and a dozen buildings damaged or destroyed.
  • At least six businesses were set on fire.
  • Looting was reported at multiple locations.
  • Gunfire was reported throughout the night.
  • At times, the bullets were so thick that firefighters were forced to evacuate the scenes of burning buildings.
  • Owing to gunfire aimed at the sky, the Federal Aviation Administration diverted at least 10 flights from St. Louis.

It will be interesting to see if the St. Louis District Attorney’s Office has the courage to hold Louis Head accountable for inciting the arson, rioting and looting that ravaged Ferguson.

BE FEARED, NOT DESPISED

In Bureaucracy, History, Politics, Social commentary on November 26, 2014 at 12:02 am

Screaming “Allah akbar!”–the Islamic battlecry, “God is Great!”–two Palestinians wielding meat cleavers and a gun slaughtered five worshippers in a Jerusalem synagogue.

Three of the dead were Americans holding Israeli citizenship.  Four of them were rabbis.

Eight people were injured—and one later died—before the attackers were killed in a shootout with police.

Aftermath of the attack on unarmed rabbis in a Jerusalem synagogue

The attack—launched on November 18—was the deadliest in Israel’s capital since 2008, when a Palestinian gunman shot eight people in a religious seminary school.

And how did Palestinians react to the grisly murders of five unarmed worshippers?

They celebrated:

  • Revelers in the Gazan city of Rafah handed out candy and brandished axes and posters of the suspects in praise of the deadly attack.
  • Hamas-affiliated social media circulated violent and anti-Semitic cartoons hailing the killings.
  • Students in Bethlehem joined in the festivities by sharing candy.

Why Hamas and Israel reached this moment now — and what comes next | WBUR

Palestinians celebrating the attack 

  • The parents of the two terrorists joyfully declared: “They are both Shahids (martyrs) and heroes.”
  • A resident of the terrorists’ neighborhood stated: “We have many more youngsters and nothing to lose. They are willing to harm Jews, anything for al-Aqsa.”
  • Another resident said: “People here won’t sit quietly, they will continue to respond. We will make the lives of the Jews difficult everywhere.”

And how have Israelis responded to this latest atrocity?

Israeli Prime Minister Benjamin Netanyahu ordered the demolitions of the homes of the attackers.

The blunt truth is that Palestinians have no interest in preventing such attacks on Israeli citizens—because Israel hasn’t given them any.

Blowing up houses only takes out anger on lifeless buildings.  Those who lived there are still alive—and able to seek revenge in the future.

As Niccolo Machiavelli once warned:  But above all [a ruler] must abstain from taking the property of others, for men forget more easily the death of their father than the loss of their inheritance.

But there is an alternative which Israelis must almost certainly be considering at this time.

Its purpose: To instill a sense of civic responsibility—however begrudgingly—in their Islamic citizens.

Every time such an atrocity occurs, Israel could deport at least 10,000 Arabs from its territory.

Suddenly, Arabs living in Israel would have real incentive for preventing such attacks against Israelis.  Or at least for reporting to police the intentions of those they knew were planning such attacks.

“Hey,” they would think, “if Abdul blows up that police station like he said he wants to, I could get sent to a refugee camp.”

The odds are there would be s sudden influx of Arab informants to Israeli police stations.

Machiavelli, the 15th century Florentine statesmen, carefully studied both war and politics.  In his most famous—or infamous—work, The Prince, he advises:

Niccolo Machiavelli

From this arises the question whether it is better to be loved than feared, or feared more than loved.  The reply is, that one ought to be both feared and loved, but as it is difficult for the two to go together, it is much safer to be feared than loved. 

For it may be said of men in general that they are ungrateful, voluble, dissemblers, anxious to avoid danger and covetous of gain; as long as you benefit them, they are entirely yours: they offer you their blood, their goods, their life and their children, when the necessity is remote, but when it approaches, they revolt.

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

And men have less scruple in offending one who makes himself loved than one who makes himself feared; for love is held by a chain of obligations which, men being selfish, is broken whenever it serves their purpose; but fear is maintained by a dread of punishment which never fails.

Machiavelli knew–and warned–that while it was useful to avoid hatred, it was fatal to be despised.  And he also warned that humility toward insolent enemies  only encourages their hatred.

Accompanying this is the advice of perhaps the greatest general of the American Civil War: William Tecumseh Sherman.

Sherman, whose army cut a swath of destruction through the South in 1864, said it best.  Speaking of the Southern Confederacy, he advised: “They cannot be made to love us, but they may be made to fear us.”

Israelis will never be able to make its sworn Islamic enemies love them.  But they can instill such a healthy fear in most of them that such atrocities as the recent synagogue butchery will become a rarity.

AN ALTERNATIVE TO OBAMA AMNESTY

In Bureaucracy, Business, History, Law, Politics, Social commentary on November 25, 2014 at 12:01 am

Republicans are furious that President Barack Obama has decided to grant what they consider unconditional amnesty to millions of illegal aliens living within the United States.

But they don’t agree about what to offer as a counter-proposal.

Here is one suggestion.

If Americans decide they truly want to control access to their own borders, there is a realistic way to accomplish this.

“Undocumented immigrant”–illegal alien–entering the United States

(1) The Justice Department should vigorously attack the “sanctuary movement” that officially thwarts the immigration laws of the United States.

Among the 31 “sanctuary cities” of this country: Washington, D.C.; New York City; Los Angeles; Chicago; San Francisco; Santa Ana; San Diego; Salt Lake City; Phoenix; Dallas; Houston; Austin; Detroit; Jersey City; Minneapolis; Miami; Denver; Baltimore; Seattle; Portland, Oregon; New Haven, Connecticut; and Portland, Maine.

These cities have adopted “sanctuary” ordinances that do not allow municipal funds or resources to be used to enforce federal immigration laws, usually by not allowing police or municipal employees to inquire about one’s immigration status.

(2)  The most effective way to combat this movement: Indict the highest-ranking officials of those cities who have actively violated Federal immigration laws.

In San Francisco, for example, former District Attorney Kamala Harris–now California’s Attorney General–created a secret program called Back on Track.  Its purpose: To provide training for jobs that illegal aliens cannot legally hold.

She also prevented Immigration and Customs Enforcement (ICE) from deporting even those illegal aliens convicted of a felony.

(3) Indicting such officials would be comparable to the way President Andrew Jackson dealt with the threat South Carolinians once made to “nullify” any Federal laws they didn’t like.

Jackson quashed that threat by making one of his own: To lead an army into that State and purge all who dared defy the laws of the Federal Government.

(4) Even if some indicted officials escaped conviction, the results would prove worthwhile. 

City officials would be forced to spend huge sums of their own money for attorneys and face months or even years of prosecution.

And this, in turn, would send a devastating warning to officials in other “sanctuary cities” that the same fate lies in store for them.

(5) CEOs whose companies–like Wal-Mart–systematically employ illegal aliens should be held directly accountable for the actions of their subordinates.

They should be indicted by the Justice Department under the Racketeer Influenced Corrupt Organizations (RICO) Act, the way Mafia bosses are prosecuted for ordering their own subordinates to commit crimes.

Upon conviction, the CEO should be sentenced to a mandatory prison term of at least twenty years.

This would prove a more effective remedy for combating illegal immigration than stationing tens of thousands of soldiers on the U.S./Mexican border. CEOs forced to account for their subordinates’ actions would take drastic steps to ensure that their companies strictly complied with Federal immigration laws.

Without employers luring illegal aliens at a fraction of the money paid to American workers, the flood of such illegal job-seekers would quickly dry up.

(6) The Government should stop granting automatic citizenship to “anchor babies” born to illegal aliens in the United States.

A comparable practice would be allowing bank robbers who had eluded the FBI to keep their illegally-obtained loot.

A person who violates the bank robbery laws of the United States is legally prosecutable for bank robbery, whether he’s immediately arrested or remains uncaught for years. The same should be true for those born illegally within this country.

If they’re not here legally at the time of birth, they should not be considered citizens and should–like their parents–be subject to deportation.

(7) The United States Government–from the President on down–should scrap its apologetic tone on the right to control its national borders.

The Mexican Government doesn’t hesitate to apply strict laws to those immigrating to Mexico. And it feels no need to apologize for this.

Neither should we.

(8) Voting materials and ballots should be published in one language: English. 

In Mexico, voting materials are published in one language–Spanish.

Throughout the United States, millions of Mexican illegals refuse to learn English and yet demand that voting materials and ballots be made available to them in Spanish.

(9) Those who are not legal citizens of the United States should not be allowed to vote in its elections.

In Mexico, those who are not Mexican citizens are not allowed to participate in the country’s elections. 

The Mexican Government doesn’t consider itself racist for strictly enforcing its immigration laws.

The United States Government should not consider itself racist for insisting on the right to do the same.

(10)  The United States should impose economic and even military sanctions against countries–such as China and Mexico–whose citizens make up the bulk of illegal aliens. 

Mexico, for example, uses its American border to rid itself of those who might demand major reforms in the country’s political and economic institutions.

Such nations must learn that dumping their unwanteds on the United States now comes at an unaffordably high price.  Otherwise those dumpings will continue.

KGB AIRWAYS: PART EIGHT (END)

In History, Law, Self-Help, Social commentary on November 24, 2014 at 12:00 am

So you’ve decided to sue the airline you believe wronged you.

One option is to do so in small claims court.

A plus is you don’t need an attorney. In fact, you’re barred from bringing in an attorney. You represent yourself, which means you don’t have to pay an attorney–either up-front or at the end of the case.

Another plus: It will cost you far less to represent yourself than it will cost the airline to send a representative.

If you file in California and the airline is headquartered in New York, it will be expensive for them to send a rep to attend the proceedings. If the airline fails to send someone as its representative–which is highly unlikely–it loses by default.

A minus is that you may not be the confrontational type.  You may also feel intimidated by the legal process–and afraid of looking like an idiot if you lose.

Another minus is that each state sets a different amount you can win in damages.

To learn about the rules applying to small claims courts in your state, consult the following link:

Click here: 50 State Overview of Small Claims Rules | Nolo.com.

A second option is to take your case to civil court.

A plus is that the dollar-amount you can obtain at this level is far higher than in small-claims court.

A minus is that you’ll definitely want to retain an attorney.

True, you can legally represent yourself.  But aviation law is complex.  The airline will definitely have an attorney, so if you don’t, you’re bringing a knife to a gunfight.

If you can find an attorney willing to represent you on a contingency fee basis, you don’t have to pay him unless you win.  His fee will then come out of your settlement amount.

Another minus: If you can’t find an attorney willing to take your case on this basis, you’ll have to pay him by the hour, after first putting up a retainer fee, which can be quite large.

A third minus is that the courts are clogged with cases, and it can take months or even years before yours will be heard.

And remember: The vast majority of cases–civil and criminal–are settled outside of court.  In civil cases especially, judges strongly urge both sides to reach a compromise rather than duke it out in court.

And both sides are usually willing to do this, since there’s no telling how a jury might rule.

Finally, there’s the option of filing a class-action lawsuit.

A plus to this is that you’re not alone in your charge against the airline.  Other passengers who have been similarly wronged are seeking damages, and so the spotlight is not on any one plaintiff.

A minus is that such cases are extremely complex and must be handled by experienced attorneys.

Typically, federal courts are thought to be more favorable for defendants, and state courts more favorable for plaintiffs. Many class actions are filed initially in state court. The defendant will frequently try to remove the case to federal court.

Another minus: If your side prevails, the amount of money each plaintiff receives will be far smaller than if the award were to be divided between a single plaintiff and his attorney(s).

Finally, even if you win, you can be certain the airline will appeal the verdict.  Such appeals can go on for literally years.

On a more far-reaching basis, you can demand that your Congressional representatives support passenger rights through legislation.

Protections are especially needed when a single airline official–such as a steward–kicks a passenger off an airplane for reasons that have nothing to do with security.

Examples:

  • Two women kissing;
  • A steward demanding whether a woman is wearing underwear;
  • Another steward taking offense at a passenger’s request for help.)

During the administration of President George H.W. Bush, Congress overrode only one of his 44 vetoes.  In that case, Congress put a cap on the rates cable TV companies could charge.

They did so because their constituents had made clear their rage about high-priced cable fees.

Members of the Senate and House of Representatives will respond to constituent demands:

  1. If enough voters make their specific demands known; and
  2. If those voters make clear that ignoring their demands will guarantee defeat at the next election.

There are consumer rights organizations now pressing for vitally-needed passenger protections.  These organizations need support–both in terms of members and money.

Only then can they counter the legalized bribes (known as “campaign contributions) the airlines offer to members of Congress.

An example is Flyers Rights, which can be reached at: FlyersRights.ORG – Largest Non-Profit Airline Consumer Organization.

Above all, remember: Airlines are run by corporations.

Their foremost concern is not your comfort or even safety as a passenger.  It’s with further enriching their key executives.

You must be willing to stand up for your own rights–because the airline couldn’t care less about them.

KGB AIRWAYS: PART SEVEN (OF EIGHT)

In History, Law, Self-Help, Social commentary on November 21, 2014 at 12:22 am

You can’t get the airline to take your complaint seriously but you don’t want to file a lawsuit.

So now what do you do?

You could file a complaint with one or more consumer complaint websites.  Just remember:

  • What you say online can hurt you.
  • Accuse someone of criminal or shameful behavior, and you can be sued for libel.
  • Threaten someone with exposure or financial ruin unless he pays you money and you can be privately sued and/or criminally prosecuted for extortion.
  • And once you click on the “Send” button, there’s no recalling your email.

Review the guidelines offered in Part Six of this series on how to safely craft your letter/email.

Below is a partial list of consumer complaint websites.  No endorsement is implied by this listing.  It’s offered simply to illustrate the variety of such websites available.

Your first impulse will probably be to file your complaint with a a website like one of these.

Don’t do it.

Instead, try to resolve your problem (assuming it can be resolved) with the airline.

Why?  Two reasons:

  1. You may be able to obtain what you want at that level, without having to do anything more.
  2. If you don’t give the airline the chance to address your grievance, you will be accused of pursuing a vendetta.  This will be especially true if you later sue the airline.

Use websites like these as a fallback option–in case you’re unable to can’t resolve your problem with the airlines.

And, frankly, there’s a good chance you won’t.

In its September 3, 2009 issue, Time magazine warned that calling the airlines’ customer complaint lines would likely prove a waste of time.

The major carriers have, quietly, made it steadily more difficult for customers to reach a person with their complaints. “The airlines don’t want to talk to their  customers,” says John Tschohl, a consultant to businesses on customer service.

Even the few airlines that still have customer-service numbers bury them deep within their websites.  Finding them is often as much a matter of luck as persistence.

So as advised in Part Five of this series:

  • Don’t waste your time with the Customer Service line.
  • Go directly to the topmost official(s) of the airline and make it clear why it’s in their best interests to resolve your problem. 
  • Then, if you can’t find a workable solution, file your complaint with as many consumer-protection websites as possible.

You can also file complaints with one or more federal agencies that hold jurisdiction over the airlines.

If your complaint is safety related, address it to the Federal Aviation Administration (FAA) at:

Assistant Administrator for System Safety ASY-100

Federal Aviation Administration
800 Independence Ave., S.W.
Washington, D.C. 20591

Phone: 1-866-835-5322

Click here: Contact the Aviation Safety Hotline

If your complaint involves security, direct it to the Transportation Safety Adminisration (TSA).

You can reach this by phone at 866-289-9673 or by email at tsa-contactcenter@dhs.gov.

A final option is to sue the airline.

For most people, bringing in a lawyer is like bringing up the heavy artillery.  When should you do so?

Christopher Elliott, author, consumer advocate and journalist, outlines “five times when you should consider skipping the complaints process and going straight to court:

  1. When they’re playing games.
  2. When they’ve broken a contract.
  3. When they’re being dishonest.
  4. When they’re ignoring you.
  5. When they aren’t listening to reason.

Elliott’s webpage contains a wealth of practical advice for those who’ve had their fill of airline arrogance.  It can be accessed thus:

Click here: See you in court: 5 times when you should just sue ‘em.

Yet another must-read for those wondering if they should file suit:

Click here: Lies the Airlines Tell Us – ABC News

Assuming you decide to sue, there are three ways to do this:

  1. In small claims court.
  2. In regular civil court as an individual claimant.
  3. As part of a class-action lawsuit.

Each approach has its own series of pluses and minuses.  I’ll explore these in my next–and final–part of this series.