bureaucracybusters

Posts Tagged ‘THE WALL STREET JOURNAL’

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.

A HEROIC SIEGE—AND A WARNING FOR AMERICA

In Bureaucracy, History, Military, Politics, Social commentary on June 23, 2023 at 12:11 am

January 26, 2020, marked the 138th anniversary of the fall of Khartoum, the Sudanese city that sits on the banks of the White and Blue Nile Rivers.

The siege and fall of Khartoum is one of the truly epic stories of military history.

From March 18, 1884, to January 26, 1885, the charisma and military genius of one man—British General Charles George Gordon—held at bay an army of thousands of fanatical Islamics intent on slaughtering everyone in the city.

Khartoum in 1888—four years after the siege

At stake were the lives of Khartoum’s 30,000 residents.

By comparison: The defenders of the Alamo—a far better-known battle, in 1836—numbered no more than 250.  And the siege of the San Antonio mission lasted only 13 days against an army of about 2,000 Mexicans.

The Alamo

Gordon’s story may seem antiquated.  But it resembles the efforts Republicans made to pressure the Obama administration to commit ground forces to “freeing” Syria of its longtime dictator, “President” Bashir al-Assad.

The neocons of the George W. Bush Administration plunged the United States into an unprovoked war against Iraq in 2003. After Baghdad quickly fell, Americans cheered, thinking the war was over and the troops would soon return home.

Suddenly, American soldiers found themselves waging a two-front war in the same country: Fighting an Iraqi insurgency to throw them out, while trying to suppress growing sectarian warfare between Sunni and Shia Muslims.

And then, with Syria, Americans were being urged to plunge headfirst into a conflict they knew nothing about—and in which they had absolutely no stake.

On one side was the Ba’ath regime of Bashir al-Assad, supported by Russia, Iran, Hizbollah and elements in the Iraqi government. Hizbollah is comprised of Shiite Muslims, who form a minority of Islamics.

A sworn enemy of Israel, it has kidnapped scores of Americans suicidal enough to visit Lebanon and truck-bombed the Marine barracks in Beirut in 1983, killing 299 Americans.

Flag of Hizbollah

Al-Qaeda, on the other hand, is made up of Sunni Muslims, who form the majority of that religion.

It is intolerant of non-Sunni Muslims and has instigated violence against them. It denounces them as “takfirs”–heretics—and thus worthy of extermination.

Flag of Al-Qaeda

In short, it’s a Muslim-vs.-Muslim “holy war.

It’s all very reminiscent of events in the 1966 epic film, Khartoum, starring Charlton Heston as British General Charles George Gordon. 

In 1884, the British government sends Gordon, a real-life hero of the Victorian era, to evacuate the Sudanese city of Khartoum.

Mohammed Achmed, a previously anonymous Sudanese, has proclaimed himself “The Madhi” (“The Expected One”) and raised the cry of jihad.

The Madhi (played by Lawrence Olivier) intends to drive all foreigners (of which the English are the largest group) out of Sudan and exterminate all those Muslims who do not practice his “pure” version of Islam.

Charlton Heston as Gordon (left); Laurence Oliver as the Madhi (right)

Gordon arrives in Khartoum to find he’s not fighting a rag-tag army of peasants. Instead, the Madhi is a highly intelligent military strategist.

And Gordon, an evangelical Christian, also finds he has underestimated the Madhi’s religious fanaticism: “I seem to have suffered from the delusion that I had a monopoly on God.”

A surprised Gordon finds himself and 30,000 Sudanese trapped in Khartoum when the Madhi’s forces suddenly appear. He sends off messengers and telegrams to the British Government, begging for a military relief force.

But the British Government wants nothing to do with the Sudan. It has sent Gordon there as a sop to British public opinion that “something” had to be done to quell the Madhist uprising.

The siege continues and tightens.  

In Britain, the public hails Gordon as a Christian hero and demands that the Government send a relief expedition to save him.

Prime Minister William Gladstone finally sends a token force—which arrives in Khartoum two days after the city has fallen to the Madhi’s forces.

Gordon, standing at the top of a staircase and coolly facing down his dervish enemies, is speared to death.

George W. Joy’s famous—and romanticized—painting of “The Death of Gordon”  

(Actually, the best historical evidence  indicates that Gordon fought to the last with pistol and sword before being overwhelmed by his Islamic enemies.)  

When the news reaches England, Britons mourn—and then demand vengeance for the death of their hero.  

The Government, which had sought to wash its hands of the poor, military unimportant Sudan, suddenly has to send an army to avenge Gordon.

As the narrator of Khartoum intones at the close of the film: “For 15 years the British paid the price with shame and war.”  

There is a blunt lesson for Americans to learn from this episode—and from the 1966 movie Khartoum itself.   

Americans have been fighting in the Middle East since 2001—first in Afghanistan to destroy Al-Qaeda, and then in Iraq, to pursue George W. Bush’s vendetta against Saddam Hussein. They continue to fight in Syria against ISIS.

The United States faces a crumbling infrastructure, millions living in poverty and trillions of dollars in debt.

It’s time for Americans to clean up their own house before worrying about the messes in other nations—especially those wholly alien to American values.

MACHIAVELLI SIZES UP TRUMP–AND FLUNKS HIM

In Bureaucracy, History, Politics, Social commentary on June 19, 2023 at 12:10 am

No shortage of pundits have sized up Donald Trump—first as a Presidential candidate, and now as the nation’s 45th President.  

But how does Trump measure up in the estimate of Niccolo Machiavelli, the 16th-century Florentine statesman?

It is Machiavelli whose two great works on politics—The Prince and The Discourses—remain textbooks for successful politicians more than 500 years later.  

Related image

Niccolo Machiavelli

Let’s start with Trump’s notoriety for hurling insults at virtually everyone, including:  

  • Latinos
  • Asians
  • Muslims
  • Blacks
  • The Disabled
  • Women
  • Prisoners-of-War

These insults delight his white, under-educated followers. But they have alienated millions of other Americans who might be willing to support him.

Not only has Trump insulted those who cannot harm him, he has attacked those who can.   

Among these: Special Counsel Jack Smith, responsible for his indictment on 37 counts.

On June 8, Trump was charged with not only mishandling sensitive material, but also trying to hide records and impede investigators.

Trump’s response:

“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.”

Now consider Machiavelli’s advice on gratuitously handing out insults and threats:

  • “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.”

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

This totally contrasts with the advice given by Machiavelli:

  • “A prudent prince must [choose] for his counsel wise men, and [give] them alone full liberty to speak the truth to him, but only of those things that he asks and of nothing else.
  • “But he must be a great asker about everything and hear their opinions, and afterwards deliberate by himself in his own way, and in these counsels…comport himself so that every one may see that the more freely he speaks, the more he will be acceptable.”

Consider Trump’s approach to the greatest legal crisis of his life: Facing indictment for illegally taking dozens of boxes of highly classified materials from the White House and storing them in his private club in Florida.

His attorneys repeatedly advised him to return the materials after the Justice Department requested that he do so—and Trump repeatedly rejected that advice. Instead, he listened to the advice of Tom Fitton, the president of the conservative group Judicial Watch, who told him he could keep the documents and that he should fight Justice Department efforts to see them returned.

The upshot of this was a 37-count indictment including:

  • Willfully retaining national defense information; 
  • Conspiring to keep those documents from the grand jury;
  • Scheming to conceal the possession of Top Secret documents from the FBI and grand jury;
  • Ordering his attorneys to make false statements to the FBI.

A major reason Trump is now facing difficulties in finding talented legal counsel to represent him lies in his notorious unwillingness to listen to his attorneys. He believes himself an expert in virtually every field—including law. 

(Another reason for his unpopularity among attorneys is that he is also notorious for stiffing those who work for him.

(Rudy Giuliani spearheaded Trump’s illegal effort to overturn the 2020 Presidential election from November 4 to February, 2021. He has repeatedly asked that Trump pay him for his efforts–and has been frozen out of Trump’s orbit.)

Now consider Machiavelli’s advice on the selection of advisers:

  • “The first impression that one gets of a ruler and his brains is from seeing the men that he has about him. 
  • “When they are competent and loyal one can always consider him wise, as he has been able to recognize their ability and keep them faithful. 
  • “But when they are the reverse, one can always form an unfavorable opinion of him, because the first mistake that he makes is in making this choice.” 

Finally, Machiavelli offers a related warning that especially applies to Trump: Unwise princes cannot be wisely advised.

  • “It is an infallible rule that a prince who is not wise himself cannot be well advised, unless by chance he leaves himself entirely in the hands of one man who rules him in everything, and happens to be a very prudent man. In this case, he may doubtless be well governed, but it would not last long, for the governor would in a short time deprive him of the state.”

All of which would lead Niccolo Machiavelli to warn, if he could witness American politics today: “This bodes ill for your Republic.”

HOW TO DEAL WITH THE IRS? ASK MACHIAVELLI

In Bureaucracy, Business, History, Law, Law Enforcement, Politics, Social commentary on June 16, 2023 at 12:07 am

More than 500 years ago, the Florentine statesman, Niccolo Machiavelli, warned:

A prince…must imitate the fox and the lion, for the lion cannot protect himself from traps, and the fox cannot defend himself from wolves.  One must therefore be a fox to avoid traps, and a lion to frighten wolves. Those who wish to be only lions do not realize this. 

And never is the need greater to imitate the fox than when dealing with the Internal Revenue Service (IRS). 

Several years ago, a private investigative agency found itself in serious trouble with that agency.

One of its employees had suddenly quit the company—leaving behind a major financial disaster.

That employee—whom I’ll call Pete—had been tasked with sending payroll tax records to the IRS. The company’s owner, Bill, assumed he had carried out his assignment.

File:Seal of the United States Internal Revenue Service.svg - Wikimedia Commons

Until he learned from the IRS that they had never received the records.

Consider the potential consequences: payroll taxes results in an automatic penalty of 2% to 10%.

  • Failing to timely and properly pay federal payroll taxes results in an automatic penalty of 2% to 10%.
  • Similar state and local penalties apply.
  • Failing to properly file monthly or quarterly returns may result in additional penalties.
  • Failing to file W-2 Forms results in an automatic penalty of up to $50 per form not timely filed.
  • A particularly severe penalty applies where federal income tax withholding and Social Security taxes are not paid to the IRS.
  • The penalty of up to 100% of the amount not paid can be assessed against the employer entity as well as any person (such as a corporate officer) having control or custody of the funds from which payment should have been made.

About 70% of the annual revenue collected by the IRS comes from payroll taxes. Under-reported and unpaid employment taxes account for about $72 billion of the United States tax gap. So the IRS makes the collection of payroll taxes a high priority.

No doubt about it—Bill was facing serious trouble.

Sales/Use Tax Alert | Green NRG Institute

What to do?  

Fortunately, Steve, one of Bill’s employees, had a B.A. in Communications and had worked as a newspaper reporter.

When Bill told him of the calamity he was facing, Steve offered his best advice: Immediately contest the charge that he had been delinquent in providing the records. And explain to the IRS—in writing—what had happened.  

Bill agreed.

First,  Steve interviewed him at length to make certain he fully understood the circumstances leading up to his present crisis. 

Then Steve sat down and typed up a letter—on office letterhead stationery—-to the IRS. Letterhead would give it an official appearance—and Steve wanted every advantage he could get.

Steve offered a straightforward presentation of what had happened: Pete, the number-two man in the company, had been entrusted with submitting payroll tax records to the IRS. But, nursing a grudge against his employer, he had dumped the records in a box and stashed this in a locked filing cabinet.

Then he had given notice and left the company.  Later, an investigation of the office turned up the records—as well as the revelation that Pete had often used his office computer to access pornography.

In his letter, Steve emphasized that Bill’s company had previously had an unblemished record for meeting its payroll tax obligations on time. And he stated that the newly-found records had been sent to the IRS by registered mail.

Finally, Steve wrote that Bill was prepared to fully meet his financial obligations  to the IRS. But he asked that Bill not be penalized for the irresponsible actions of a single, disgruntled employee.

The result? 

Bill ended up paying only those monies that he legally owed.  He was not forced to pay a penalty.

So what are the lessons to be learned from this episode?

  • In dealing with an agency as powerful as the IRS, don’t ignore its letters. 
  • You have nothing to gain by pretending it will go away.  It won’t.
  • If you owe money, don’t deny it. 
  • Remain calm, even if you feel angry or afraid. 
  • Don’t use profanity or insults. 
  • Don’t try to play tough-guy with the IRS.  Even the Mafia fears this agency.
  • And with good reason: Al Capone didn’t go to prison for murder or bootlegging. He went away for income tax evasion.

  • If you have a legitimate reason for having missed a payment, say so. 
  • Remember that everything you say to the IRS—verbally or in writing—is considered evidence given under oath. 
  • If you lie and get caught, you can face perjury charges as well as those for failing to comply with tax laws.
  • Offer to fully pay any monies that you legally owe.
  • If these amount to more than you can meet in a single payment, say so. Ask the agency to set up a plan by which you can pay it off in installments.
  • If the agency balks at cooperating with you, contact a veteran tax accountant or attorney.
  • The best accountants or attorneys for dealing with the IRS are former agents now working in private practice. They not only know the tax laws; they know the best ways to short-circuit an IRS audit and/or penalties.

RIGHT-WING AMERICA: MY WALLET–FIRST AND ALWAYS: PART FOUR (END)

In Bureaucracy, History, Law, Politics, Social commentary on June 13, 2023 at 12:05 am

Niccolo Machiavelli, the father of modern politics, warns in his masterwork, The Discourses:   

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. 

Where the crimes of corporate employers are concerned, Americans need not wait for their evil disposition to reveal itself. It has been fully revealed for decades.

Niccolo Machiavelli

Increased media attention to “income inequality” has led some Democratic lawmakers to press for a long-overdue reform: Raising the stock threshold to 50%, making it harder for firms to abandon their country.

Yet a more comprehensive reform package would include legislation that mandates:

  • American companies that move their headquarters abroad would be officially declared “agents of a foreign power engaged in hostile activity against the United States.”
  • Those “foreign-owned” companies would be forbidden to sell products within the United States. 
  • Their assets would be subject to seizure by the Internal Revenue Service.
  • The citizenship of those Americans engaged in such activity would be revoked and they would be ordered to leave the United States or face criminal prosecution for treason—and face trial for this if they returned. 

Public Campaign is a non-profit, non-partisan organization dedicated to eliminating special interest money in American politics by securing publicly-funded elections at local, state and federal levels.

According to Public Campaign: “Twenty-five profitable Fortune 500 companies, some with a history of tax dodging, spent more on lobbying than they paid in federal taxes between 2008 and 2012….

“Over the past five years, these 25 corporations generated nearly $170 billion in combined profits and received $8.7 billion in tax rebates while paying their lobbyists over half a billion ($543 million), an average of nearly $300,000 a day.

“Based on newly released data by Citizens for Tax Justice, these 25 companies actually received tax refunds over all those five years.

“So most individual American families and small businesses have bigger tax bills than these corporate giants. Unfortunately, most American families and businesses do not have the lobbying operation and access these 25 companies enjoy.”

Several companies on this list are well-known—and spend millions of dollars on self-glorifying ads every year to convince consumers how wonderful they are. Among these:

  • General Electric
  • PG&E Corp
  • Verizon Communications
  • Boeing
  • Consolidated Edison
  • MetroPCS Communications

Republicans—and some Democrats—have tirelessly defended the greed of the richest and most privileged in America. For example, they have dubbed the estate tax—-which affects only a tiny, rich minority—“the death tax.”  

This makes it appear to affect everyone. So millions of poor and middle-class Americans who will never have to pay a cent in estate taxes vigorously oppose it. 

It’s time to recognize that a country can be betrayed for other than political reasons. It can be sold out for economic ones, too. 

Trea$on

* * * * *

The United States desperately needs a new definition of treason—one that takes into account the following: 

  • Employers who set up offshore accounts to claim their American companies are foreign-owned—and thus exempt from taxes—-are traitors.
  • Employers who enrich themselves by firing American workers and moving their plants to other countries—are traitors.
  • Employers who systematically violate Federal immigration laws—to hire illegal aliens at cut-rate wages—-instead of American workers—are traitors.  

For thousands of years, otherwise highly intelligent men and women believed that kings ruled by divine right. That kings held absolute power, levied extortionate taxes and sent countless millions of men off to war—all because God wanted it that way.

That lunacy was dealt a deadly blow in 1776 when American Revolutionaries threw off the despotic rule of King George III of England.

But today, millions of Americans remain imprisoned by an equally outrageous and dangerous theory: The Theory of the Divine Right of Employers.

America can no longer afford such a dangerous fallacy as the Theory of the Divine Right of Employers.

The solution lies in remembering that the powerful never voluntarily surrender their privileges. Americans did not win their freedom from Great Britain—and its enslaving doctrine of the “divine right of kings”—by begging for their rights.

Americans will not win their freedom from their corporate masters—and the equally enslaving doctrine of “the divine right of employers”—by begging for the right to work and support themselves and their families.

And they will most certainly never win such freedom by supporting Right-wing political candidates whose first and only allegiance is to the corporate interests who bankroll their campaigns.

Corporations can—and do—spend millions of dollars on TV ads, selling lies—such as if the wealthy are forced to pay their fair share of taxes, jobs will inevitably disappear.

But Americans can choose to reject those lies—and demand that employers behave like patriots instead of predators.

RIGHT-WING AMERICA: MY WALLET–FIRST AND ALWAYS: PART THREE (OF FOUR)

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

The British offered Revolutionary War General Benedict Arnold £20,000 for betraying West Point to the Crown.         

Benedict Arnold

But Arnold was a piker compared to companies that are raking in literally billions of untaxed dollars by betraying the United States in its time of economic trial.

To avoid paying their legitimate share of taxes, they move their headquarters overseas to countries with reduced tax rates. In tax parlance, this is called an “inversion.”

For almost 20 years, tax-avoiding corporations fled to Caribbean countries such as Bermuda and the Cayman Islands. But in 2004, Congress ruled that American companies could relocate overseas if foreign shareholders owned 20% of their stock.

According to statistics compiled by the Congressional Research Service (CRS) in 2014:

“Forty-seven U.S. corporations have reincorporated overseas through corporate inversions in the last 10 years, far more than during the previous 20 years combined.

“In total, 75 U.S. corporations have inverted since 1994 – with one other inversion occurring in 1983. What’s more, there are a dozen prospective inversion deals involving U.S. corporations looking to reincorporate overseas, according to CRS

“The new data underscores the significant increase in the number of U.S. corporations that have or are seeking to lower their U.S. taxes by reincorporating overseas.

“It also adds urgency to a legislative solution. Ways and Means Committee Ranking Member Sander Levin in May introduced legislation that would tighten rules to limit inversions.

“The Joint Committee on Taxation estimates that the legislation would save $19.5 billion over 10 years. Companion legislation was introduced in the Senate by Sen. Carl Levin.

“‘Barely a week seems to pass without news that another corporation plans to move its address overseas simply to avoid paying its fair share of U.S. taxes,’” said Ranking Member Levin.

“These corporate inversions are costing the U.S. billions of dollars and undermining vital domestic interests.

“‘We can and should address this problem immediately through legislation to tighten rules to limit the ability of corporations to simply change their address and ship U.S. tax dollars overseas.’”

Among those companies that have chosen to betray their country in its time of economic need:

INVERSION YEAR COMPANY NAME TYPE COUNTRY OF INCORPORATION REVENUE
1983 McDermott International Engineering Panama $2.7 billion
1994 Helen of Troy Consumer Products Bermuda $1.3 billion (FY 2014)
1996 Triton Energy Oil and Gas Cayman Islands Acq by Hess in ’01
1996 Chicago Bridge & Iron (CBI) Engineering Netherlands $11.1 billion
1997 Tyco International Diversified Manufacturer Bermuda $10.6 billion
1997 Santa Fe International Oil and Gas Cayman Islands Acq by Transocean in ’07
1998 Fruit of the Loom Apparel Manufacturer Cayman Islands private company
1998 Gold Reserve Mining Bermuda N/A
1998 Playstar Corp. Toys Antigua Acq by Premier Mobile in ’06
1999 Transocean Offshore Drilling Cayman Islands $9.4 billion
1999 White Mountain Insurance Insurance Bermuda $2.3 billion
1999 Xoma Corp. Biotech Bermuda $35.5 million
1999 PXRE Group Insurance Bermuda Acq by Argonaut Group in ’07
1999 Trenwick Group Insurance Bermuda Acq by LaSalle Re Holdings in ’00
2000 Applied Power Engineering Bermuda Now called Actuant $494 million
2000 Everest Reinsurance Insurance Bermuda $5.6 billion
2000 Seagate Technology Data Storage Cayman Islands $14.4 billion
2000 R&B Falcon Drilling Cayman Islands Acq by Transocean in ’00
2001 Global Santa Fe Corp. Offshore Drilling Cayman Islands Acq by Transocean in ’07
2001 Foster Wheeler Engineering Bermuda $559 million
2001 Accenture Consulting Bermuda $28.6 billion (FY 2013)
2001 Global Marine Engineering Cayman Islands Acq by Bridgehouse Capital in ’04
2002 Noble Corp. Offshore Drilling Cayman Islands $4.2 billion
2002 Cooper Industries Electrical Products Bermuda Acq by Eaton in ’12
2002 Nabor Industries Oil and Gas Bermuda $1.6 billion
2002 Weatherford International Oil and Gas Bermuda $15.2 billion
2002 Ingersoll-Rand Industrial Manufacturer Bermuda $12.3 billion
2002 PricewaterhouseCoopers Consulting Consulting Bermuda N/A
2002 Herbalife International Nutrition Cayman Islands $4.8 billion (sales)
2005 Luna Gold Corp Mining Canada $85.3 million
2007 Lincoln Gold Group Mining N/A  
2007 Western Goldfields Mining N/A Acq by New Gold in ’09
2007 Star Maritime Acquisition Grp Shipping N/A Now Star Bulk $69 million
2007 Argonaut Group Insurance Bermuda $1.4 billion
2007 Fluid Media Networks Music Distribution    
2008 Tyco Electronics Industrial Manufacturer Switzerland Now TE Connectivity $3.4 billion (FY ’13)
2008 Foster Wheeler Engineering Bermuda $3.3 billion
2008 Covidien Healthcare Ireland $10.2 billion
2008 Patch International Inc Oil and Gas Canada  
2008 Arcade Acquisition Group Financial    
2008 Energy Infrastructure Acquisition Group Energy    
2008 Ascend Acquisition Group Electronics N/A Acq by Kitara Media in ’13
2008 ENSCO International Oil and Gas United Kingdom $4.9 billion
2009 Tim Hortons Inc Restaurant Chain Canada $3.2 billion
2009 Hungarian Telephone & Cable Corp. Telecommunications Denmark $219 million
2009 Alpha Security Group Security N/A  
2009 Alyst Acquisition Group Financial N/A Acq by China Networks Media in ’09
2009 2020 ChinaCap Acquirco Financial N/A Acq by Exceed Co. in ’09
2009 Ideation Acquisition Grp Private Equity N/A Acq by SearchMedia in ’09
2009 InterAmerican Acquisition Grp Business Management N/A Acq by Sing Kung Ltd in ’09
2009 Vantage Energy Services Offshore Drilling Cayman Islands $732 million
2009 Plastinum Polymer Tech Corp. Industrial Manufacturer    
2010 Valient Biovail Pharmaceuticals Canada $5.7 billion
2010 Pride International Offshore Drilling United Kindom Acq by Ensco in ’11
2010 Global Indemnity Insurance Ireland $319 billion
2011 Alkermes, Inc. Biopharmaceutical Ireland $575 million
2011 TE Connectivity Industrial Manufacturer Switzerland $13.3 billion
2011 Pentair Water Filtration Switzerland $7.5 billion
2012 Rowan Companies Oil Well Drilling United Kindom $1.5 billion
2012 AON Insurance United Kindom $11.8 billion
2012 Tronox Inc Chemical Australia $1.9 billion
2012 Jazz Pharmaceuticals / Azur Pharma Pharmaceuticals Ireland $872 million
2012 D.E. Master Blenders Coffee Netherlands $3.5 billion
2012 Stratasys Printer Manufacturer Israel $486.7 million
2012 Eaton/Cooper Power Management Ireland $22 billion
2012 Endo Health Solutions Pharmaceuticals Ireland $2.6 billion
2013 Liberty Global PLC Cable Company United Kindom $17.3 billion
2013 Actavis / Warner Chilcott Pharmaceuticals Ireland $8.7 billion
2013 Perrigo/Elan Pharmaceuticals Ireland $3.5 billion (FY 2013)
2013 Cadence Pharmaceuticals Pharmaceuticals Ireland $110 million
2014 Mallinckrodt Pharmaceuticals Pharmaceuticals Ireland $2.2 billion
2014 Chiquita Brands Produce Ireland $3 billion
2014 Medtronic Pharmaceuticals Ireland $16.5 billion

SOURCE: Source: Ways and Means Committee Democrats. GRAPHIC: Danielle Douglas – The Washington Post. Published Aug. 6, 2014.

The most popular countries for these “inversions” are:

  • The Cayman Islands
  • Bermuda
  • Canada
  • United Kingdom
  • Ireland
  • Switzerland
  • Netherlands

RIGHT-WING AMERICA: MY WALLET–FIRST AND ALWAYS: PART TWO (OF FOUR)

In Bureaucracy, History, Law, Politics, Social commentary on June 9, 2023 at 12:13 am

On May 13, 2012, Forbes magazine ran an Op-Ed piece under the headline: “For De-Friending The U.S., Facebook’s Eduardo Saverin Is an American Hero.”           

Democratic Senator Chuck Schumer of New York angrily disagreed.

Chuck Shumer

“It is scary. It is a scary, absurd place where even a tax dodger who renounces America for his own 30 pieces of silver is celebrated as a patriot and an American hero.

“It is perverse. I am appalled by making heroic a man who renounces citizenship to escape a tax rate of capital gains of 15%.

“No one gets rich in America on their own,” Schumer said. “And when people do well in America, they should do well by America. I believe the vast majority of Americans believe this, too.”

From that Op-Ed piece:

“Saverin’s flight from the U.S. is yet another reminder of the superiority of a national consumption tax that in a perfect world would be implemented in concert with the abolition of the I.R.S.”

It’s tempting to imagine a world without an agency to collect taxes. But it’s nightmarish to contemplate a world where there were no taxes to pay for

  • A powerful military to protect us;
  • An FBI to combat terrorism and organized crime;
  • An FAA to safely regulate airline traffic;
  • Agencies to repair roads;
  • Agencies to erect public buildings (such as schools, courts and libraries) and
  • Agencies (such as the EPA and FDA) to protect us from predatory businessmen.

The Op-Ed piece further asserts that “you cannot limit the power of the Federal Government if its officials hold the power to tax incomes.” 

Every nation in history—whether a democracy or a dictatorship, whether capitalist, socialist or communist—has understood the absolute necessity for collecting public revenues. And it has created means by which to do so.

“When individuals resist governmental hubris, we should exalt their actions.”

We should, in short, celebrate those who come to the United States to make fortunes they could not make anywhere else—and then, when they do, turn their backs on their adopted country.

We should rejoice that they have stuffed billions of dollars more into their already-fat pockets and left their supposed fellow countrymen to shift for themselves. 

“In an ideal world the Federal Government should implement a consumption tax.  And if, as a result, poor people suffer because they’re taxed at the same level as rich ones, fine. 

“Everyone should know how much it costs to run the government.”

Of course we should have a “regressive” tax that “hits low incomes at the same percentage as high ones.”   

Of course, those who are barely able to feed their families or can’t afford medical care should pay as much in taxes as a rich parasite who, like Mitt Romney, throws out $10,000 bets like so many dimes.

“If the Federal Government can’t fund all its programs because rich people like Saverin refuse to pay taxes, then U.S. taxpayers generally will have to make good for the missing taxes.  It’s the fault of Congress that it cannot put an end to any program.”

For billionaires like Saverin and the well-heeled types who subscribe to Forbes, it doesn’t matter whether “the Federal Government can’t fund all its programs.”

San Simeon, estate of William Randolph Hearst

Greed-obsessed “swells” like Saverin:

  • Don’t depend on Medicare—they can easily afford the best doctors money can buy;
  • Don’t have to depend on Social Security to see them through old age;
  • Don’t have to worry about standing in food bank lines;
  • Don’t need to rely on police departments—if they’re threatened, they can easily afford round-the-clock bodyguards; 
  • Don’t need consumer protection agencies; if they’re victimized by unscrupulous businessmen, they can hire platoons of lawyers and private detectives.

A contemporary writer who warned of America’s abandonment by its privileged classes was Christopher Lasch. In his posthumously published last book, The Revolt of the Elites and the Betrayal of Democracy [2005] he wrote:

“There has always been a privileged class, even in America. But it has never been so dangerously isolated from its surroundings.

“George Bush’s [the president who served from 1989 to 1992] wonderment, when he saw for the first time an electronic scanning device at a supermarket checkout counter, revealed…the chasm that divides the privileged classes from the rest of the nation.”

Until recently, wrote Lasch, American cultural and economic elites willingly shouldered civic responsibilities. But in post-modern capitalism, a professional elite defines itself as entirely separate from civic concerns.

The new elites flourish through enterprises that operate across international borders. The rich in America have more in common with their fellows in Europe or Asia than with the vast majority of their fellow Americans who don’t share their comfortable surroundings.

Thus, the privileged class in America—the top 1%—has separated itself from the crumbling public services and industrial cities that are used and lived in by the rest of the country’s citizens.

Even worse, our society has condoned their exalted status. The dust jacket blurb for James Patterson’s crime-thriller, NYPD Red, says it best:

“NYPD Red is a special task force charged with protecting the interests of Manhattan’s wealthiest and most powerful citizens.”

It’s time to protect the 99% of America’s citizens against the predators of its 1% wealthiest.

RIGHT-WING AMERICA: MY WALLET–FIRST AND ALWAYS: PART ONE (OF FOUR)

In Bureaucracy, History, Law, Politics, Social commentary on June 8, 2023 at 12:10 am

Americans need to realize that a country can be betrayed for other than political reasons. It can also be sold out for economic ones.              

On May 15, 2012, Facebook co-founder Eduardo Saverin renounced his U.S. citizenship.

Born in Brazil, the then-30-year-old Saverin became a U.S. citizen in 1998 but had lived in Singapore since 2009.

Eduardo Saverin 

Giving up his citizenship allowed him to avoid paying taxes on billions of dollars on capital gains when Facebook launched its IPO on May 18, 2012. Singapore does not have a capital gains tax.

And America’s extreme Right couldn’t have been happier.

Take Rush Limbaugh, the Right-wing talk-show host. The Rush Limbaugh Show aired throughout the U.S. on over 400 stations and was the highest-rated talk-radio program in the United States.

When Limbaugh spoke, his “dittohead” audience listened—and acted as he decreed.

Rush Limbaugh

“So if it’s a more favorable tax haven that you can find elsewhere and you go there,” asked Limbaugh, “why is it automatically that you are unpatriotic?

“Why is it automatically that you are a coward, that you are not paying your fair share? It’s this whole class envy thing rearing its head again.”

For Limbaugh, the villain wasn’t a billionaire who turned his back on the country that gave him the opportunity to become one. No, the villain lay in those who believe that even wealthy businessmen should behave like patriots—instead of parasites.

“But [Barack Obama is] out there demonizing successful people every day,” said Limbaugh, “targeting successful people every day, running a presidential campaign based on class warfare, trying to get the 99% of the country who are not in the top 1% to hate the 1%, to literally despise ’em.”

Consider the implications of this: 

On November 1, 2011, Forbes magazine reported that, in 2007, the then-richest 1% of the American population owned 34.6% of the country’s total wealth, and the next 19% owned 50.5%. 

Thus, the top 20% of Americans owned 85% of the country’s wealth and the bottom 80% of the population owned 15%.

According to Limbaugh’s philosophy, the bottom 80% of the population owning 15% of the country’s wealth should pay homage to the top 20% of Americans who own 85% of the country’s wealth.

In short, they should “know their place” and not expect the moneyed few to pay their fair share of taxes.

Of course, this was to be expected of Limbaugh—whose own wealth made him a multi-millionaire. 

In 2001, U.S. News & World Report noted that Limbaugh had an eight-year contract, with Clear Channel Communications, for $31.25 million a year.

And according to a July 2, 2008, Matt Drudge column, Limbaugh had signed a contract extension through 2016 that was worth over $400 million.

And Limbaugh wasn’t alone in his praise for Saverin.

Another right-winger who defended those who run out on their country was anti-tax activist Grover Norquist.

On May 7, 2012, two Democratic Senators—Chuck Schumer of New York and Bob Casey of Pennsylvania—introduced legislation designed to tax expatriates even after they have left the country. 

Their “Ex-PATRIOT Act” would have imposed a mandatory 30% tax on American investments for those who renounce their citizenship and would also prohibit individuals like Saverin from re-entering the country.  

But the bill died in committee. 

In 2013, Schumer and two other Senators added similar provisions to a major immigration reform bill. But their amendment was not included in the version of the bill that passed the Senate. 

“Saverin has turned his back from the country that welcomed him, kept him safe, educated him and helped him become a billionaire,” Schumer said at a press conference. He added that it was time to “de-friend” the Facebook co-founder.

Norquist, the president of Americans for Tax Reform (ATF) said that targeting people who turn in their passports reminded him of regimes that had driven people out of the country, only to confiscate their wealth at the door.

Grover Norquist

“I think Schumer can probably find the legislation to do this,” said Norquist. “It existed in Germany in the 1930s and Rhodesia in the ’70s and in South Africa as well. He probably just plagiarized it and translated it from the original German.”

On the floor of the Senate, Schumer denounced Norquist in return:

“I know a thing or two about what the Nazis did. Some of my relatives were killed by them.

“Saying that a person who made their fortune specifically because of the positive elements in American society, in turn, has a responsibility to do right by America is not even on the same planet as comparing to what Nazis did to Jews.”

Chuck Schumer

Schumer added that he found it troubling that conservatives would lionize someone like Saverin, who was called “an American hero” by Forbes magazine.

On May 13, 2012, Forbes—which describes itself as “The Capitalist Tool”—had run an Op-Ed piece under the headline: “For De-Friending The U.S., Facebook’s Eduardo Saverin Is an American Hero.”

“Can you believe it?” asked Schumer. “An American hero? Renouncing your citizenship now qualifies as heroic for the hard Right-wing?”

“This has gone so far, this idolatry they have taken to such an extreme end, they make Eduardo Saverin into their patron saint. In the name of low taxes for the wealthy, they have lionized an inherently unpatriotic person.”