bureaucracybusters

Posts Tagged ‘TOBACCO INDUSTRY’

HOW TO STOP GUN MASSACRES

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on October 13, 2015 at 1:49 pm

The Mass Shooting Tracker was created to track every incident in the United States where a gun is used to kill or injure four or more people at one time.

By October 2, the year 2015 has seen 294 mass shootings in 275 days. Those shootings have claimed the lives of 380 people. No more than eight days this year have passed without a mass shooting.

So what should the surviving victims of these rampages do to seek redress?

And how can the relatives and friends of those who didn’t survive seek justice for those they loved?

Three things:

First, don’t count on politicians to support a ban on assault weapons.

Politicians–-with rare exceptions–-have only two goals:

  1. Get elected to office, and
  2. Stay in office.

And too many of them fear the economic and voting clout of the National Rifle Association (NRA) to risk its wrath.

Second, don’t expect the mental health profession to prevent such future tragedies.

There is simply no definitive way to predict who is likely to commit mass murder.

And even if such a method were developed, it would likely be ruled unconstitutional.  A person can’t be jailed or hospitalized for fear of what he might do.

Third, those who survived these rampages–-and the relatives and friends of those who didn’t–-should file wrongful death, class-action lawsuits against the NRA.

There is sound, legal precedent for this.

For decades, the American tobacco industry peddled death and disability to millions and reaped billions of dollars in profits.

  • The industry vigorously claimed there was no evidence that smoking caused cancer, heart disease, emphysema or any other ailment.
  • Tobacco companies spent billions on slick advertising campaigns to win new smokers and attack medical warnings about the dangers of smoking.
  • Tobacco companies spent millions to elect compliant politicians and block anti-smoking legislation.
  • From 1954 to 1994, over 800 private lawsuits were filed against tobacco companies in state courts. But only two plaintiffs prevailed, and both of those decisions were reversed on appeal.

  • In 1994, amidst great pessimism, Mississippi Attorney General Mike Moore filed a lawsuit against the tobacco industry.  But other states soon followed, ultimately growing to 46.
  • Their goal: To seek monetary, equitable and injunctive relief under various consumer-protection and anti-trust laws.
  • The theory underlying these lawsuits was: Cigarettes produced by the tobacco industry created health problems among the population, which badly strained the states’ public healthcare systems.
  • In 1998, the states settled their Medicaid lawsuits against the tobacco industry for recovery of their tobacco-related, health-care costs.  In return, they exempted the companies from private lawsuits for tobacco-related injuries.
  • The companies agreed to curtail or cease certain marketing practices. They also agreed to pay, forever, annual payments to the states to compensate some of the medical costs for patients with smoking-related illnesses.

The parallels with the NRA are obvious:

  • For decades, the NRA has peddled deadly weapons to millions, reaped billions of dollars in profits and refused to admit the carnage those weapons have produced: “Guns don’t kill people.  People kill people.”  With guns.
  • The NRA has steadfastly defended the right to own Teflon-coated “cop killer” bullets,” whose only purpose is to penetrate bullet-resistant vests worn by law enforcement officers.
  • The NRA has bitterly fought background checks on gun-buyers, in effect granting even criminals, terrorists and the mentally ill the right to own arsenals of death-dealing weaponry.
  • The NRA has spent millions on slick advertising campaigns to win new members and frighten them into buying guns.
  • The NRA has spent millions on political contributions to block gun-control legislation.

  • The NRA has spent millions attacking political candidates and elected officials who warned about the dangers of unrestricted access to assault and/or concealed weapons.
  • The NRA has spent millions pushing “Stand Your Ground” laws in more than half the states, which potentially give every citizen a “license to kill.”
  • The NRA receives millions of dollars from online sales of ammunition, high-capacity ammunition magazines, and other accessories through its point-of-sale Round-Up Program–thus directly profiting by selling a product that kills about 30,288 people a year.
  • Firearms made indiscriminately available through NRA lobbying have filled hospitals with casualties, and have thus badly strained the states’ public healthcare systems.

It will take a series of highly expensive and well-publicized lawsuits to significantlyweaken the NRA, financially and politically.

The first ones will have to be brought by the surviving victims of gun violence–and by the friends and families of those who did not survive it.  Only they will have the courage and motivation to take such a risk.

As with the cases first brought against tobacco companies, there will be losses.  And the NRA will rejoice with each one.

But, in time, state Attorneys General will see the clear parallels between lawsuits filed against those who peddle death by cigarette and those who peddle death by armor-piercing bullet.

And then the NRA–-like the tobacco industry–-will face an adversary wealthy enough to stand up for the rights of the gun industry’s own victims.

Only then will those politicians supporting reasonable gun controls dare to stand up for the victims of slaughters that could have been prevented.

HOW TO END THE GUN MASSACRES

In Bureaucracy, Business, History, Law, Law Enforcement, Politics, Social commentary on July 27, 2015 at 12:10 am

According to The Mass Shooting Tracker, a project of Guns Are Cool, there have been 204 mass shooting events in the United States so far in 2015.

There have been 204 mass shootings — and 204 days — in 2015 so far – The Washington Post

There were

  • 18 mass shootings in April;
  • 39 in May;
  • and 41 in June.

July has been a particularly busy month for those seeking the title of “NRA Poster Boy”: 34 mass shootings so far–and the month isn’t over yet.

So what should the surviving victims of these rampages do to seek redress?

And how can the relatives and friends of those who didn’t survive seek justice for those they loved?

Three things:

First, don’t count on politicians to support a ban on assault weapons.

Politicians–-with rare exceptions–-have only two goals:

  1. Get elected to office, and
  2. Stay in office.

And too many of them fear the economic and voting clout of the National Rifle Association (NRA) to risk its wrath.

Second, don’t expect the mental health profession to prevent such future tragedies.

There is simply no definitive way to predict who is likely to commit mass murder.

And even if such a method were developed, it would likely be ruled unconstitutional.  A person can’t be jailed or hospitalized for fear of what he might do.

Third, those who survived these rampages–-and the relatives and friends of those who didn’t–-should file wrongful death, class-action lawsuits against the NRA.

There is sound, legal precedent for this.

For decades, the American tobacco industry peddled death and disability to millions and reaped billions of dollars in profits.

  • The industry vigorously claimed there was no evidence that smoking caused cancer, heart disease, emphysema or any other ailment.
  • Tobacco companies spent billions on slick advertising campaigns to win new smokers and attack medical warnings about the dangers of smoking.
  • Tobacco companies spent millions to elect compliant politicians and block anti-smoking legislation.
  • From 1954 to 1994, over 800 private lawsuits were filed against tobacco companies in state courts. But only two plaintiffs prevailed, and both of those decisions were reversed on appeal.

  • In 1994, amidst great pessimism, Mississippi Attorney General Mike Moore filed a lawsuit against the tobacco industry.  But other states soon followed, ultimately growing to 46.
  • Their goal: To seek monetary, equitable and injunctive relief under various consumer-protection and anti-trust laws.
  • The theory underlying these lawsuits was: Cigarettes produced by the tobacco industry created health problems among the population, which badly strained the states’ public healthcare systems.
  • In 1998, the states settled their Medicaid lawsuits against the tobacco industry for recovery of their tobacco-related, health-care costs.  In return, they exempted the companies from private lawsuits for tobacco-related injuries.
  • The companies agreed to curtail or cease certain marketing practices. They also agreed to pay, forever, annual payments to the states to compensate some of the medical costs for patients with smoking-related illnesses.

The parallels with the NRA are obvious:

  • For decades, the NRA has peddled deadly weapons to millions, reaped billions of dollars in profits and refused to admit the carnage those weapons have produced: “Guns don’t kill people.  People kill people.”  With guns.
  • The NRA has steadfastly defended the right to own Teflon-coated “cop killer” bullets,” whose only purpose is to penetrate bullet-resistant vests worn by law enforcement officers.

  • The NRA has bitterly fought background checks on gun-buyers, in effect granting even criminals, terrorists and the mentally ill the right to own arsenals of death-dealing weaponry.
  • The NRA has spent millions on slick advertising campaigns to win new members and frighten them into buying guns.

  • The NRA has spent millions on political contributions to block gun-control legislation.
  • The NRA has spent millions attacking political candidates and elected officials who warned about the dangers of unrestricted access to assault and/or concealed weapons.

  • The NRA has spent millions pushing “Stand Your Ground” laws in more than half the states, which potentially give every citizen a “license to kill.”
  • The NRA receives millions of dollars from online sales of ammunition, high-capacity ammunition magazines, and other accessories through its point-of-sale Round-Up Program–thus directly profiting by selling a product that kills about 30,288 people a year.

  • Firearms made indiscriminately available through NRA lobbying have filled hospitals with casualties, and have thus badly strained the states’ public healthcare systems.

It will take a series of highly expensive and well-publicized lawsuits to significantly weaken the NRA, financially and politically.

The first ones will have to be brought by the surviving victims of gun violence–and by the friends and families of those who did not survive it.  Only they will have the courage and motivation to take such a risk.

As with the cases first brought against tobacco companies, there will be losses.  And the NRA will rejoice with each one.

But, in time, state Attorneys General will see the clear parallels between lawsuits filed against those who peddle death by cigarette and those who peddle death by armor-piercing bullet.

And then the NRA–-like the tobacco industry–-will face an adversary wealthy enough to stand up for the rights of the gun industry’s own victims.

Only then will those politicians supporting reasonable gun controls dare to stand up for the victims of slaughters that could have been prevented.

T(OBACCO) PARTY UNVEILED: PART TWO (END)

In Bureaucracy, History, Politics, Social commentary on September 18, 2014 at 12:33 am

The Tea Party hates President Barack Obama and believes he should be impeached.

That you can easily learn by visiting its website.

Click here: Teaparty.org — Should Barack Obama be Impeached?

But there is a great deal about the Tea Party itself that its foundeers won’t tell you.

Such as the truth that it was created by the tobacco industry and the billionaire Koch brothers.

That’s the conclusion of a study by the National Cancer Institute of the National Institute of Health.

National Cancer Institute

The roots of the Tea Party lie in the early 1980s, when tobacco companies started pouring money into third-party groups.

Their mission was two-fold:

  • To fight excise taxes on cigarettes; and
  • To combat health studies showing a link between cancer and secondhand smoke.

Stanton Glantz, professor of medicine at the University of California, San Francisco, has been a longtime foe of the tobacco industry.

Dr. Stanton Glantz

In 2012, he authored a study for the peer-reviewed academic journal, Tobacco Control.  Writing about the ties between the Tea Party and the tobacco industry, Glantz noted:

“The Tea Party, which gained prominence in the USA in 2009, advocates limited government and low taxes. Tea Party organisations, particularly Americans for Prosperity and FreedomWorks, oppose smoke-free laws and tobacco taxes.

“Rather than being a purely grassroots movement that spontaneously developed in 2009, the Tea Party has developed over time, in part through decades of work by the tobacco industry and other corporate interests.”

Click here: ‘To quarterback behind the scenes, third-party efforts’: the tobacco industry and the Tea Party — Fallin et al. –

Charles and David Koch, the real founders of the Tea Party

Most people believe the Tea Party originated as a 2009 grassroots uprising to protest taxes.   But its origins can be traced to 2002.

That was when the Charles and David Koch and tobacco-backed Citizens for a Sound Economy set up the first Tea Party website:  www.usteaparty.com.

From the National Cancer Institute’s study of the Tea Party:

  • “The Tea Party, a loosely organised network of grassroots coalitions at local and state levels, is a complex social and political movement to the right of the traditional Republican Party that promotes less government regulation and lower taxes.”
  • “David Koch was a co-founder of Citizens for a Sound Economy (CSE) and Americans for Prosperity (AFP) Foundation,” both major allies of the tobacco industry.
  • “National organisations funded by corporations, particularly Americans for Prosperity (AFP) and FreedomWorks, played an important role in structuring and supporting the Tea Party in the initial stages.  They provided training, communication and materials for the earliest Tea Party activities, including the first ‘Tea Party’ on 27 February 2009.”
  • “FreedomWorks organised the nationwide Tea Party tax protests in April 2009, the town hall protests about the proposed healthcare reform in August 2009 and the Taxpayers’ March on Washington the following September 2009.”
  • “As of 2012, AFP and FreedomWorks were supporting the tobacco companies’ political agenda by mobilising local Tea Party opposition to tobacco taxes and smoke-free laws.”
  • “In many ways, the Tea Party of the late 2000s has become the ‘movement’ envisioned by Tim Hyde, RJR director of national field operations in the 1990s, which was grounded in patriotic values of ‘freedom’ and ‘choice’ to change how people see the role of ‘government’ and ‘big business’ in their lives, particularly with regard to taxes and regulation.”
  • “Many factors beyond the tobacco industry have contributed to the development of the Tea Party.  Anti-tax sentiment has been linked to notions of patriotism since the inception of the USA when the colonies were protesting against taxation by the British.”
  • “In addition, the Tea Party has origins in the ultra-right John Birch Society of the 1950s, of which Fred Koch (Charles and David Koch’s father) was a founding member.”
  • “Although the Tea Party is a social movement, it has been affiliated closely with, and somewhat incorporated into, the Republican Party.  This may be due in part to the increased conservatism of politically active Republicans since 1970s and the increased polarisation of American politics.”
  • “….AFP and FreedomWorks…capitalised on the changing political realities following President Barack Obama’s election in 2008.”
  • “In particular, they harnessed anti-government sentiment arising from the confluence of the mortgage and banking bailout, President Barack Obama’s stimulus package and the Democratic push for healthcare reform, which provided them with the opportunity for more successful grassroots-level Tea Party organising.”

Figure 1.

CHART SHOWING  Connections between the tobacco industry, third-party allies and the Tea Party, from the 1980’s (top) through 2012 (bottom).

Since 2008, the Tea Party has played a major role in American politics.

Throughout 2009, its thuggish supporters sought to terrorize members of Congress into opposing passage of the Affordable Care Act (ACA), otherwise known as Obamacare.

And in 2010 they played a pivotal role in delivering the House of Representatives to the Republican Party.

Yet the vast majority of the Tea Party’s low-level membership probably doesn’t know the origins–or the real purposes–of their organization.

But for those for whom truth is important, “the truth”–as The X-Files tagline once went–“is out there.”

T(OBACCO) PARTY UNVEILED: PART ONE (OF TWO)

In Bureaucracy, History, Politics, Social commentary on September 17, 2014 at 12:07 am

“Should Barack Obama Be Impeached?” shouts the headline on the Right-wing website of TeaParty.org.

“A fake birth certificate, the Benghazi attack, the IRS scandal, National Security invasions on privacy….Many are questioning Obama’s competence.  Should Congress initiate impeachment proceedings?

“What do you think?”

Click here: Teaparty.org — Should Barack Obama be Impeached?

Then the site offers this in tribute to its sponsor:

“TeaParty.org, one of America’s leading websites and top online news sources is conducting a poll about an important issue.

“The results of these polls will be published online and are shared with major news networks and policymakers.

“Don’t miss this opportunity to let your voice be heard!

“Vote today!”

The viewer is then given two questions to answer.

The first is:  “Should Barack Obama be impeached?”

The website offers three possible answers for the visitor to choose:

  1. “Yes, the events are now overwhelming.”
  2. “No, these do not meet the threshold of high crimes and misdemeanors.”
  3. “Not sure, still waiting to review the evidence.”

The second question is: “Whom do you believe has better solutions for the nation’s problems?”

It, too, provides three possible answers:

  1. “Conservatives”
  2. “Liberals”
  3. “Neither.”

The website omits a number of truths–about both President Barack Obama and the Tea Party itself.

Let’s start with its first charge against Obama: “A false birth certificate.”

The election of Barack Obama pushed the Right to new heights of infamy. With no political scandal (such as Bill Clinton’s affair with Monica Lewinsky) to fasten on, the Republican Party deliberately promoted the slander that Obama was not an American citizen.

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

President Barack Obama

During the 2008 Presidential campaign, Republicans charged that Obama was really a Muslim non-citizen who intended to sell out America’s security to his Muslim “masters.”

And this smear campaign continued throughout his Presidency.

To the dismay of his enemies, Obama–in the course of a single week–dramatically proved the falsity of both charges.

On April 27, 2011, he released the long-form of his Hawaii birth certificate.

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

“We do not have time for this kind of silliness,” said Obama at a press conference, speaking as a father might to a roomful of spiteful children. “We have better stuff to do. I have got better stuff to do. We have got big problems to solve.

“We are not going to be able to do it if we are distracted, we are not going to be able to do it if we spend time vilifying each other…if we just make stuff up and pretend that facts are not facts, we are not going to be able to solve our problems if we get distracted by side shows and carnival barkers.”

And on May 1, he announced the solving of one of those “big problems”: Osama bin Laden, mastermind of the September 11, 2001 terrorist attacks, had been tracked down and shot dead by elite U.S. Navy SEALS in Pakistan.

Then there’s the second Tea Party charge: “The Benghazi attack.”

A total of four Americans died in a terrorist attack on the American diplomatic consulate in Benghazi, Libya, on September 11, 2012.

Whereas a total of 3,000 Americans died in the Al Qaeda attacks of September 11, 2001.  But those occurred on the watch of a white Republican President, so naturally no treason charges were invoked by the Right.

The third accusation: “The IRS scandal.”

In 2013, the Internal Revenue Service (IRS) disclosed that it had selected political groups applying for tax-exempt status for intensive scrutiny based on their names or political themes.

Although Right-wingers have claimed that their political organizations were exclusively targeted by the IRS, the agency opened investigations based on such trigger-words as:

  • Tea Party
  • Patriots
  • 9/12 Project
  • progressive
  • occupy
  • Israel
  • medical marijuana

“While some of the IRS questions may have been overbroad, you can look at some of these groups and understand why these questions were being asked,” said Ohio State University law professor Donald Tobin.

In January, 2014, the FBI announced that it had found no evidence warranting the filing of federal criminal charges in connection with the scandal.

No evidence has come to light suggesting that President Obama was responsible for the IRS’s actions.

Finally, there is the Tea Party charge that Obama is guilty of “National Security Agency (NSA) invasions on privacy.”

This totally ignores that it was former President George W. Bush who, after 9/11, ordered the NSA to vastly increase its electronic-interception capabilities.

No longer would the agency be confined to spying on calls outside the United States.   From now on, it would target Americans who might be linked to international terror cells.

As for the website’s claim: “Many are questioning Obama’s competence”:

While this is true–among those on the Right and Left–it misses the essential legal point:  Even if true, “incompetence” is not a legitimate impeachable offense.

And no evidence has come forth to indict the President for “high crimes and misdemeanors.”