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STOP INSURANCE RIP-OFFS

In Business, Self-Help, Social commentary on April 15, 2013 at 12:07 am

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

Even though you’ve faithfully paid all premiums for your medical insurance–and have the records to prove it.

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

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

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

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

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

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

A snafu developed, involving

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Soon Steve and Diane were discussing the situation.

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

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

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

There are several important lessons to be learned here:

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

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A REALILSTIC WAY TO CURB GUN VIOLENCE

In Business, History, Law, Politics, Social commentary on April 12, 2013 at 12:00 am

The victims of the violence are black and white, rich and poor, young and old, famous and unknown. They are, most important of all, human beings whom other human beings loved and needed. No one – no matter where he lives or what he does – can be certain who will suffer from some senseless act of bloodshed. And yet it goes on and on.

–Robert F. Kennedy, April 4, 1968

Senator Robert F. Kennedy announcing the murder of Dr. Martin Luther King, Jr.

What should the surviving victims of gun-massacres do to seek redress?

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

Two 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.

On July 22–only two days after the Century 16 Theater slaughter in Aurora, Colorado–U.S. Senator Ron Johnson (R-Wis.) said: “The fact of the matter is there are 30-round magazines that are just common all over the place.

“You simply can’t keep these weapons out of the hands of sick, demented individuals who want to do harm.  And when you try and do it, you restrict our freedom.”

That presumably includes the freedom of would-be mass murderers to carry out their fantasies.

Second, those who survive such massacres–and the relatives and friends of those who don’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 bitterly fought background checks on gun-buyers, in effect granting even criminals 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–such as those in Aurora–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.

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LOVE VS. FEAR

In History, Politics on April 11, 2013 at 12:02 am

Dick Cheney left office as co-President of the United States on January 20, 2009.  During the last four years, he has had time to write his memoirs and reflect on the legacies of the George W. Bush Presidency.

His book, In My Time, was published in 2012.  And, in March, Cheney appeared in the Showtime-produced documentary, “The World According to Dick Cheney.”

Dick Cheney

Throughout the program, Cheney showed no interest in introspection.

“I don’t go around thinking, ‘Gee, I wish we’d done this, or I wish I’d done that,'” said Cheney.  “The world is as you find it, and you’ve got to deal with that….You don’t get do-overs.

“I did what I did, and it’s all part of the public record and I feel very good about it.  If I had it to do over again, I’d do it in a minute.”

When the interviewer, R.J. Cutler, raised how the administration altered privacy rights, tortured detainees and pushed for an unnecessary war in Iraq, Cheney replied:

“Tell me what terrorist acts you would let go forward because you didn’t want to be a mean and nasty fella?”

Perhaps the most telling moment came when Cheney outlined his overall views on Realpolitick:

“Are you going to trade the lives of a number of people because you want to preserve your honor?” asked Cheney.  “This was a wartime situation and it was more important to be successful than it was to be loved.”

Perhaps Cheney was thinking of Niccolo Machiavelli’s famous quote about love versus fear in The Prince, his primer on how to attain political power:

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….

Niccolo Machiavelli

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.

Cheney appears to belileve that it’s better to be feared than loved.

In that, he has plenty of company among his fellow politicians–in the United States and elsewhere.  But there is more to Machiavelli’s teaching, and this is usually overlooked–as it most certainly was by Cheney:

Still, a prince should make himself feared in such a way that if he does not gain love, he at any rate avoids hatred: for fear and the absence of hatred may well go together, and will always be attained by one who abstains from interfering with the property of his citizens and subjects or with their women. 

If Cheney considers himself a student of Machiavelli, then he utterly ignored this last offering of cautionary advice.

By authorizing the use of torture, the administration made itself–in the eyes of its Western European allies as well as its Islamic enemies–an epicenter of evil.  “Guantanamo”–the Marine base in Cuba that had been largely forgotten over the decades–became a synonym for Auschwitz.

And after photographs emerged of the tortures and humiliataions of detainees at Abu Garib Prison in Iraq, the United States sank even lower in the world’s estimation.

Among the human rights violations committed upon prisoners held by U.S. Army military police and assorted CIA agents:

  • physical abuse
  • psychological abuse
  • torture
  • rape
  • sodomy
  • homicide.

Of the ultimate legacy of George W. Bush and Dick Cheney, historian Nigel Hamilton wrote in his 2010 book, American Caesars: Lives of the Presidents from Franklin D. Roosevelt to George W. Bush:

“…arguably the worst of all the American Caesars, who willfully and recklessly destroyed so much of the moral basis of American leadership in the modern world.”

Joseph Stalin once famously asked: “How many divisions does the Pope have?”  Stalin died in 1953.  Had he lived on into the 1980s, he would have found out.

It was then that Pope John Paul II showed the power of an aroused spirituality.

John Paul II

When the Soviet Union seemed about to invade his native Poland as it had Hungary and Czechoslavakia, the Pope reportedly sent the Kremlin a message: He would fly to Warsaw and place himself directly in the line of fire.

The Soviets never dared launch their planned invasion.

It is a lesson utterly lost on the likes of men like Dick Cheney.

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CORPORATIONS ARE GREEDY PEOPLE, TOO

In Bureaucracy, Business, Law, Politics, Social commentary on April 10, 2013 at 12:02 am

“How many men ever went to a barbecue and would let one man take off the table what’s intended for nine-tenths of the people to eat? The only way you’ll ever be able to feed the balance of the people is to make that man come back and bring back some of that grub that he ain’t got no business with!”
– Louisiana Senator Huey P. Long, 1934

Campaigning for the Presidency, Mitt Romney was speaking to a crowd of hundreds at the Iowa State Fair. He was being pressed about raising taxes to help cover entitlement spending. Suddenly, a heckler suggested raising corporate tax rates.

Romney responded: “Corporations are people, my friend. Of course they are. Everything corporations earn ultimately goes to the people. Where do you think it goes? Whose pockets? Whose pockets? People’s pockets. Human beings, my friend.”

The line earned him a sustained round of applause from the crowd.

If it’s true that corporations are people, then they are exceptionally greedy and selfish people.

A December, 2011 report by Public Campaign, highlighting corporate abuses of the tax laws, makes this all too clear.

Public Campaign is a national nonpartisan organization dedicated to reforming campaign finance laws and holding elected officials accountable.

Summarizing its conclusions, the report’s author writes:

“Amidst a growing federal deficit and widespread economic insecurity for most Americans, some of the largest corporations in the country have avoided paying their fair share in taxes while spending millions to lobby Congress and influence elections.”

Its key findings:

  • The thirty big corporations analyzed in this report paid more to lobby Congress than they paid in federal income taxes between 2008 and 2010, despite being profitable.
  • Despite making combined profits totaling $164 billion in that three-year period, the 30 companies combined received tax rebates totaling nearly $11 billion.
  • Altogether, these companies spent nearly half a billion dollars ($476 million) over three years to lobby Congress. That’s about $400,000 each day, including weekends.
  • In the three-year period beginning in 2009 through most of 2011, these large firms spent over $22 million altogether on federal campaigns.
  • These corporations have also spent lavishly on compensatng their top executives ($706 million altogether in 2010).

Among those corporations whose tax-dodging and influence-buying were analyzed:

  • General Electric
  • Verizon
  • PG&E
  • Wells Fargo
  • Duke Energy
  • Boeing
  • Consolidated Edison
  • DuPont
  • Honeywell International
  • Mattel
  • Corning
  • FedEx
  • Tenet Healthcare
  • Wisconsin Energy
  • Con-way

The report bluntly cites the growing disparity between the relatively few rich and the vast majority of poor and middle-class citizens:

“Over the past few months, a growing protest movement has shifted the debate about economic inequality in this country.

“The American people wonder why members of Congress suggest cuts to Medicare and Social Security but won’t require millionaires to pay their fair share in taxes.

“They want to know why they are struggling to find jobs and put food on the the table while the country’s largest corporations get tax breaks and sweetheart deals, then use that extra cash to pay bloated bonuses to CEOs or ship jobs overseas.

“….At a time when millions of Americans are still unemployed and millions more make tough choices to get by, these companies are enriching their top executives and spending millions of dollars on Washington lobbyists to stave off higher taxes or regulations.”

Assessing the results of corporate tax-dodging, the report states:

  • Using various tax dodging techniques, including stashing profits in overseas tax havens and tax loopholes, 29 out of 30 companies featured in this study succeeded in paying no federal income taxes from 2008 through 2010.
  • These 29 companies received tax rebates over those three years, ranging from $4 million for Corning to nearly $5 billion for General Electric and totally nearly $11 billion altogether.
  • The only corporation that paid taxes in that three-year period, FedEx, paid a three-year tax rate of 1%, far less than the statutory rate of 35%.

The report bluntly notes the hypocrisy of corporate executives who call themselves “job creators” while enriching themselves by laying off thousands of employees:

“Another area where these corporations have decided to spend lavishly is compensation for their top executives ($706 million altogether in 2010).

“Executives doing particularly well work for General Electric ($76 million in total compensation in 2010), Honeywell International ($54 million), and Wells Fargo ($50 million).

“Executives who have seen the greatest increase work for DuPont (188% increase), Wells Fargo (180% increase) and Verizon (167% increase).

Despite being profitable, some of these corporations have actually laid off workers.

Since 2008, seven of the corporations have reported laying off American workers. The worst offenders are Verizon, which laid off 21,308 workers, and Boeing, which fired 14,862 employees.

Insisting that “corporations are people” wins applause from the wealthiest 1% and their Right-wing supporters. But it does nothing to better the lives of the poor and middle-class.

If the nation is to avoid economic and moral bankruptcy, Americans must demand that powerful corporations be held accountable–and punished harshly when they behave irresponsibly.

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“BEST-LOOKING” ATTORNEY GENERAL IS BIGGEST LAWBREAKER

In Bureaucracy, Law, Law Enforcement, Politics on April 9, 2013 at 12:03 am

On April 4, President Barack Obama unintentionally created a stir during a Democratic National Committee fundraising lunch in Atherton, California.

Referring to California Attorney General Kamala Harris, he said:

“You have to be careful to, first of all, say she is brilliant and she is dedicated and she is tough, and she is exactly what you’d want in anybody who is administering the law and making sure that everybody is getting a fair shake.  She also happens to be by far the best-looking attorney general in the country.”

Kamala Harris

It was a compliment that was immediately interpreted–by some–as a sexist insult.

According to the Politically Correct crowd, even complimentary comments about a female politician’s physical appearance can diminish her accomplishments.

“It’s even more so when the person–like Kamala Harris–is holding a traditionally-male position like attorney general, the top law enforcement officer in the state,” said Debbie Walsh, director of the Center for American Women and Politics at Rutgers University.

“That’s just what Obama did by including a comment about her appearance,” Walsh said. “I doubt if he’d say that about a male attorney general.”

According to White House press secretary Jay Carney, Obama called Harris that same evening evening to apologize for his comments.

“He fully recognizes the challenges women continue to face in the workplace and that they should not be judged based on appearance,” Carney said the next day. “They’re old friends. He certainly regretted that [his comments] caused a distraction.”

And Harris reportedly accepted Obama’s apology.

“The Attorney General and the President have been friends for many years,” Harris spokesman Gil Duran said in an April 5 statement. “They had a great conversation yesterday and she strongly supports him.”

If, in fact, Harris was offended by Obama’s compliment, she has a very thin skin indeed.

She could have been far more offended had her Republican opponent for Attorney General dared to tell the truth about her.

Steve Cooley, running against Harris in 2010, had a serious issue to raise against her.  But he didn’t have the guts to do it.

From 2004 to 2011, Harris had served as District Attorney for San Francisco.  In total defiance of the law, she set up a secret unit to keep even convicted illegal aliens out of prison.

Click here: San Francisco D.A.’s program trained illegal immigrants for jobs they couldn’t legally hold – Los Angeles Times

Her program, called Back on Track, trained them for jobs they could not legally hold.

This was a flagrant violation of Federal immigration law.

One such alumnus was Alexander Izaguirre, an illegal alien who had pled guilty to selling cocaine.  Four months later, in July, 2008, he assaulted Amanda Kiefer, a legal San Francisco resident.

Snatching her purse, he jumped into an SUV, then tried to run Kiefer down.  Terrified, she leaped onto the hood and saw Izaguirre and a driver laughing.

The driver slammed on the brakes, sending Kiefer flying onto the pavement and fracturing her skull.

The program, Back on Track, became a centerpiece of Harris’ campaign for state Attorney General.

Until she was questioned by the Los Angeles Times about the Izaguirre case, Harris had never publicly admitted that the program included illegal aliens.

Harris claimed she first learned that illegal aliens were training for jobs only after Izaguirre was arrested for the Kiefer assault.

Harris said it was a “flaw in the design” of the program to let illegal aliens into the program.  “I believe we fixed it,” she told the Times.

Harris never released statistics on how many illegal aliens were included since the program started in 2005.

She said that after Izaguirre’s arrest she never asked–or learned–how many illegal aliens were in Back on Track.

When Harris learned that illegal aliens were enrolled, she allowed those who were following the rules to finish the program and have their criminal records expunged.

It is not the duty of local law enforcement, she said, to enforce Federal immigration laws.

So much for her oath to faithfully defend the Constitution of the United States and that of the state of California “against all enemies, foreign and domestic.”

From 2005 to 2009, 113 admitted drug dealers graduated from Back on Track.  Another 99 were kicked off the program for failing to meet the requirements.  They were sentenced under their guilty plea, the D.A.’s office claimed.

Harris told the Times that graduates of Back on Track were less likely than other offenders to commit crimes again.  But her spokeswoman refused to offer detailed statistics to back this up.

When Harris became San Francisco District Attorney, she vowed she would “never charge the death penalty.”  Her opposition to capital punishment would be better-suited to a public defender.

Meanwhile, Amanda Kiefer left California.  Interviewed by the Times, she said she could not understand why San Francisco police and prosecutors would allow convicted illegal aliens back onto the streets.

“If they’re committing crimes,” she said, “I think there’s something wrong that they’re not being deported.”

It’s a sentiment that law-abiding Americans agree with. And it should go double for those who are charged with enforcing the law.

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TELL YOUR AIRLINE TO FLY OFF

In Bureaucracy, Business, Self-Help on April 8, 2013 at 1:39 pm

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 ticket–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.

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A NEW APPROACH TO GANGBUSTING: PART TWO (END)

In Bureaucracy, Law, Law Enforcement, Politics, Social commentary on April 4, 2013 at 12:01 am

There is a phrase that’s well-known south of the border: “Pan, o palo.”  Or, in English: “Bread or  stick.”

And this, in turn, comes down to: Behave well and you’ll get this nice reward.  Behave badly and you’ll get your head beaten in.

In my last column I discussed the need for brandishing the stick when dealing with powerful street gangs such as the Aryan Brotherhood.

It’s the Brotherhood that’s suspected of being responsible for murdering two Texas prosecutors since February.

In this column I want to discuss creatively using the carrot to at least partially control gang violence.

It’s essential to remember the following:

  • Some 33,000 violent street gangs, motorcycle gangs, and prison gangs with about 1.4 million members are criminally active in the U.S. today.
  • Gangs are responsible for an average of 48 percent of violent crime in most jurisdictions and up to 90%  in several others.
  • Many are sophisticated and well organized; all use violence to control neighborhoods and boost their illegal money-making activities, which include robbery, drug- and gun-trafficking, fraud, extortion, and prostitution rings.

These gangs aren’t going to disappear, no matter how many of their members die or wind up in prison.

For decades, the rhetoric of the Cold War has carried over into the debate over policing.

“Hawks” on the Right have demanded a “hard” approach to law enforcement, emphasizing punishment.  “Doves” on the Left have pursued a “soft” line, stressing social programs and rehabilitation.

But it isn’t enough to be “hard” or “soft” in pursuing the goal of a safe, law-abiding society.  It’s necessary to be “smart” above all.

If you can’t eradicate evil, then you should try to direct at least some of its elements into a safer path.  Thus:

  • Each state should invite its resident gang members to take part in a series of competition for the title of “State Gang Champion.”
  • These would be modeled on competitions now existing within the National Football League–a series of playoffs to determine which two gangs will duke it out in the “Super Rumble.”

vs.

  • These competitions would be completely voluntary, thus eliminating any charges of State coersion.
  • They would be modeled on the country’s current mania for “Ultimate Warrior” contests for kickboxers and bare-kunckled fighters.
  • Contestants–as many as a score or more from at least two opposing gangs–would meet in a football-sized arena.

A modern-day Coliseum

  • No firearms would be allowed.
  • Contestants could otherwise arm themselves with whatever weapons they desired–such as baseball bats, swords, axes, spears or chains.
  • Everyone who agreed to participate would automatically be granted immunity for whatever carnage they inflicted.
  • The object of these contests would be to officially determine which State gang was the “baddest” for the year.
  • Tickets could be purchased by fans looking for an afternoon’s festival of gore.
  • Television networks could–and no doubt would–vie for rights to film the events, just as they now do for “pay-for-view” wrestling or boxing matches.

But would hard-core gangs even consider participating in such a series of contests?

Yes–most gangs would want to do so.  Here’s why:

  1. They would be able to eliminate members of rival gangs without risk of prosecution and imprisonment.
  2. They would be able to gauge–through the heat of combat–the toughness of their own associates.
  3. They would gain at least temporary stardom–just as successful gladiators did under the Roman Empire.
  4. The winning gang would gain official status as “The Baddest” gang in the State.

On the last point: Napoleon Bonaparte created the Order of the Legion of Honor, distributed 15,000 crosses to his soldiers and called his troops the “Grand Army.”  When someone criticized him for giving “toys” to his war-hardened veterans, Napoleon replied: “Men are ruled by toys.”

And for the State there would be gains as well:

  1. These contests would literally eliminate a great many gang members who cannot be removed any other way.
  2. Police and prosecutors could concentrate their limited resources on gangs that refused to participate or were deemed to pose a threat.
  3. Millions of dollars in State revenues would be generated through ticket sales and the buying of pay-per-view rights.

Admittedly, many law-abiding citizens would be repulsed by the carnage that would result from implemting this proposal.   But these are generally the people who disdain boxing or wrestling contests anyway.

But given our increasingly jaded and violence-prone society, most of them would eventually tolerate it as an effective way to simultaneously raise badly-needed tax revenues and reduce the size of criminal gangs.

Republican politicians would find this an especially attractive proposal, since it adheres to the two concepts dear to the hearts of all Right-wingers: Killing people and making money.

In short: With sufficient creativity and ruthlessness, it should be possible to reclaim control of our streets from the evils of gang violence.

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A NEW APPROACH TO GANGBUSTING: PART ONE (OF TWO)

In Bureaucracy, Law, Law Enforcement, Politics, Social commentary on April 3, 2013 at 12:00 am

A Federal prosecutor has withdrawn from a large racketeering case involving members of the Aryan Brotherhood, citing “security concerns.”

The Dallas Morning News reported that Houston-based assistant U.S. attorney Jay Hileman announced his withdrawal in an email.

The news comes days after Kaufman County District Attorney Mike McLelland and his wife, Cynthia, were shot and killed during Easter weekend in their home near Dallas.

Mike McLelland

In February, Mark Hasse, an assistant prosecutor in McLelland’s office, was gunned down in a parking lot about a block from his office at the Kaufman County Courthouse.  Hasse was a veteran prosecutor of organized crime cases.

Although no suspects have been positively identified, state and Federal investigators believe that the Aryan Brotherhood might be responsible for these attacks on prosecutors.

Such attacks–and the withdrawal of a federal prosecutor for fear of becoming a target–are unprecedented.  And clearly law enforcement needs to take a new and creative approach to attacking street gangs.

According to the FBI:

  • Some 33,000 violent street gangs, motorcycle gangs, and prison gangs with about 1.4 million members are criminally active in the U.S. today.
  • Many are sophisticated and well organized; all use violence to control neighborhoods and boost their illegal money-making activities, which include robbery, drug- and gun-trafficking, fraud, extortion, and prostitution rings.
  • The FBI is redoubling its efforts to dismantle gangs through intelligence-driven investigations and new initiatives and partnerships.

Obtaining timely and accurate intelligence about gang activities is, of course, an absolute necessity.  But there are two approaches the FBI and other law enforcement agencies should be applying.

These amount to using both the stick and the carrot.

First, the stick: An all-out declaration of war on any criminal foolhardy enough to directly attack law enforcement authorities.

Consider these past two examples:

In April, 1963, FBI agent John Foley was conducting surveillance at the Brooklyn funeral of Carmine “The Doctor” Lombardozzi, a capo in the Gambino Mafia Family.

Suddenly, four mobsters knocked Foley to the ground, then severely beat and kicked him.

For the FBI, this was unprecedented: It had long been known that organized crime was too smart to attack or kill law enforcement officers–especially Federal ones.  The resulting heat would simply be too great.

The FBI retaliated by launching an all-out war against the Gambinos.  Agents leaned heavily on the cartel’s boss, underboss, counselor and lieutenants.

The Bureau also intensified its use of illegal electronic surveillance against the mobsters.   Even law-abiding relatives of the Gambinos—one of these a nun, the other a priest—found themselves interrogated.

Angelo Bruno, the boss of the Philadelphia crime syndicate, unwittingly informed a hidden microphone on how the FBI brutally drove home the message to “boss of all bosses” Carlo Gambino:

BRUNO: They [the FBI] went to Carlo and named all his capos to him….The FBI asked him: “Did you change the laws in your family, that you could hit FBI men, punch and kick them? 

“Well, this is the test—that if you change the laws, and now you are going to hit FBI men, every time we pick up one of your people we are going to break their heads for them.”  

And, really, they picked up our guy, they almost killed him, the FBI.  They don’t do that, you know.  But they picked up one of his fellows and crippled him. 

They said, “This is an example.  Now, the next time anyone lays a hand on an FBI man, that’s just a warning.  There’s nothing else we have got to tell you.”  And they went away.  

Word traveled quickly through the nationwide organized crime network—and its leaders decreed there should be no further assaults on FBI agents.

Still, some mobsters apparently didn’t get the word.

During the 1960s or early 1970s, FBI agents monitoring a wiretap on a mob family in Youngstown, Ohio, heard something truly disturbing.

Several Mafia members were discussing putting out a contract on a local FBI agent they especially disliked.

“How many hit men do we have?” asked one.

“Three,” said another.

They made arrangements to meet and discuss the matter again the next day.

The FBI agents monitoring the wiretap immediately flashed an urgent warning to the Bureau’s headquarters in Washington, D.C.

No less an authority than J. Edgar Hoover, the legendary director of the FBI since 1924, ordered that a “message’ be sent to the mobsters.

That night, about 20 large, heavily-armed FBI agents barged into the penthouse of the local Mafia boss.  Some agents tipped over vases, others dropped lit matches on the luxurious carpeting, and one of them even urinated in a potted plant.

“You may have three hitmen,” one of them told the mob boss, “but Mr. Hoover has thousands.”

The FBI agent thought to be the target for a rubout was never bothered.

In my next column I will discuss the option of the carrot.

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COLD LIVE BULLIES: PART TWO (END)

In Bureaucracy, History, Politics, Social commentary on April 2, 2013 at 12:00 am

The National Rifle Association (NRA) and its Right-wing allies are furious at comedian Jim Carrey.

The reason: His recent music parody video: “Cold Dead Hand,” which mocks gun fanatics and the late Charlton Heston, former president of the NRA.

Click here: Jim Carrey’s Pro-Gun Control Stance Angers Conservatives

Among its lyrics:

Charlton Heston movies are no longer in demand
And his immortal soul may lay forever in the sand.
The angels wouldn’t take him up to heaven like he’d planned.
’Cause they couldn’t pry that gun from his cold, dead hand.

The phrase, “cold dead hand,” originated with Heston himself.

Charlton Heston in his prime

On May 20, 2000, the actor and then-president of the NRA addressed the organization at its 129th convention in Charlotte, North Carolina.

He warned that then-Vice President and Democratic Presidential candidade Al Gore “is going to smear you as the enemy,” and concluded:

“So, as we set out this year to defeat the divisive forces that would take freedom away, I want to say those fighting words for everyone within the sound of my voice to hear and to heed, and especially for you, Mr. Gore: ‘From my cold, dead hands!'”

Carrey’s stance on gun control couldn’t be more opposite.

In in February, he outraged Right-wingers by tweeting: “Any1 who would run out to buy an assault rifle after the Newton massacre has very little left in their body or soul worth protecting.”

 Jim Carrey

Fox Nation referred to the tweet as “nasty.”  Red Alert Politics writer Erin Brown dismissed it as “a careless remark … rooted in the shallow, parroted talking points so commonly espoused by liberal elites.”

But that was nothing compared to the rage that has greeted “Cold Dead Hand.”  Reason TV’s Remy offered a parody rebuttal to Carrey’s song.  Its lyrics included:

It takes a talking ass
to oppose a vaccination
when your PhD is in
making funny faces.

None of which bothered Carrey.  In fact, he exulted in Right-wing outrage, tweeting: “Cold Dead Hand’ is abt u heartless motherf%ckers unwilling 2 bend 4 the safety of our kids.Sorry if you’re offended…”

Among its lyrics:

It takes a cold, dead hand to decide to pull the trigger.
Takes a cold, dead heart and as near as I can figger.
With your cold, dead aim you’re tryin’ to prove your dick is bigger …..

Many psychologists have long theorized that a fascination with firearms can compensate for inadequate sexual performance.

But it’s one thing for an unknown psychologist to write this in an obscure medical journal and another for a famous comedian to splash it across the Internet.

Carrey is especially ruthless in attacking those who–like the NRA–make a lucrative living off gun sales:

Imagine if the Lord were here…
And on the ones
Who sell the guns
He’d sic the vultures and coyotes
Only the devil’s true devotees
Could profiteer
From pain and fear.

Many Rightists attacked Carrey for parodying a man–Heston–who died in 2008 and could not defend himself. But Heston had appeared several times on “Saturday Night Live” to spoof his granite-hard image.

In his video, Carrey dares to attack not simply the masculinity of the Rightist NRA crowd, but even its courage:

You don’t want to get caught
With your trousers down
When the psycho killer
Comes around
So you make your home
Like a Thunderdome
And you’re always packin’
Everywhere you roam.

Perhaps that’s what most outrages the Right–the accusation that its members live in fear and do their best to generate needless fear in others.  Fear that can supposedly be abated by turning America into a society where everyone packs a weapon and every moment holds a potential High Noon.

An accusation, in short, based on fact.

Carrey has not been shy in responding to his Rightist critics.  On March 29, he issued this statement:

“Since I released my “Cold Dead Hand” video on Funny or Die this week, I have watched Fux News rant, rave, bare its fangs and viciously slander me because of my stand against large magazines and assault rifles.

“I would take them to task legally if I felt they were worth my time or that anyone with a brain in their head could actually fall for such irresponsible buffoonery. That would gain them far too much attention which is all they really care about.

“I’ll just say this: in my opinion Fux News is a last resort for kinda-sorta-almost-journalists whose options have been severely limited by their extreme and intolerant views; a media colostomy bag that has begun to burst at the seams and should be emptied before it becomes a public health issue.”

Bullies are conspicuously vulnerable to ridicule.  Their only “defense” is to smash anyone who dares to mock their folly, brutality or pretense to omnipotence.

The NRA has spent decades bribing and intimidating its way through Congress.  Those members who subscribe to its “guns for everyone” agenda get legalized bribes (i.e., “campaign contributions”).

Those who refuse to do so face the threat–if not the reality–of being ousted.

At the end of the Carrey video, “Heston” accidentally shoots his own foot off.

In their over-the-top response to what is essentially an inoffensive parody, the NRA and its Rightist allies may well do the same.

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COLD LIVE BULLIES: PART ONE (OF TWO)

In Bureaucracy, History, Politics, Social commentary on April 1, 2013 at 12:06 am

Bullies do not like to be mocked.

Anyone who doubts this need only examine the Right’s reaction to actor Jim Carrey’s recent “Cold Dead Hand”  music video.

In this, Carrey–a strong advocate of gun control–mocks the National Rifle Association (NRA) and its right-wing allies.

These include rural America and (for the video’s purposes) the late actor Charlton Heston, who served as the NRA’s five-term president (1998-2003).

Jim Carrey as Charlton Heston

The video features Carrey and alt-rock band Eels as “Lonesome Earl And The Clutterbusters,” a country band on a TV set modeled after the 1960s variety show, “Hee Haw.” Carrey also portrays Heston as a dim-witted, teeth-clenching champion of the NRA.

“I find the gun problem frustrating,” Carrey said in a press release, “and ‘Cold Dead Hand’ is my fun little way of expressing that frustration.”

Carrey’s frustration has triggered NRA outrage.

Click here: Jim Carrey’s Pro-Gun Control Stance Angers Conservatives

Fox News personality Greg Gutfeld ranted: “He is probably the most pathetic tool on the face of the earth and I hope his career is dead and I hope he ends up sleeping in a car.

“This video made me want to go out and buy a gun. He thinks this is biting satire going after rural America and a dead man… He’s a dirty, stinking coward… He’s such a pathetic, sad, little freak. He’s a gibbering mess. He’s a modern bigot.”

Columnist Larry Elder spared no venom in attacking Carrey: “Let’s be charitable–call Carrey ignorant, not stupid.”

Click here: Jim Carrey: Not ‘Dumb & Dumber,’ Just Ignorant

Much of his March 29 column centers on defending Heston, who died at 84 in 2008.

A lyric in Carrey’s song says “Charlton Heston’s movies are no longer in demand.”  This prompts Elder to defend the continuing popularity of Heston’s 1956 movie, “The Ten Commandments,” where he played Moses.

Elder feels compelled to defend Heston’s off-screen persona as well, citing his 64-year marriage to his college sweetheart, Lydia.

On the other hand, writes Elder, Carrey, “followed the well-worn Hollywood path: Get famous; get rich; dump the first wife/mother of your kid(s), who stood by you during the tough times; and act out your social life in the tabs to the embarrassment of your kid(s).”

Clearly, Carrey’s video has struck a nerve with Right-wing gun fanatics.  But why?

Start with Gutfield’s accusation that Carry was “going after rural America.”

Rural America–home of the most superstitious, ignorant and knee-jerk Fascist elements in American society–boastfully refers to itself as “The Heartland.”  In short: a prime NRA and Rightist constituency.

It was rural America to which Senator Barack Obama referred–accurately–during his 2008 Presidential campaign:

“They get bitter, they cling to guns or religion or antipathy to people who aren’t like them or anti-immigrant sentiment or anti-trade sentiment as a way to explain their frustrations.”

Second, there’s Elder’s outrage that Carrey should dare to say that Heston’s movies “are no longer in demand.”

On a personal note: I have long enjoyed many of Heston’s movies and have been lucky enough to see several of his epics in a movie theater.

Among these: “Major Dundee,” “El Cid,” “Khartoum,” “The War Lord.”  And even the hammiest film for which he is best-known: “The Ten Commandments.”

In a film career spanning 62 years, Heston vividly portrayed such historical characters as:

  • Rodrigo Diaz de Bivar in “El Cid’:
  • Mark Anthony in “Julius Caesar”;
  • John the Baptist in “The Greatest Story Ever Told”;
  • Andrew Jackson in “The President’s Lady” and “The Buccaneer”;
  • Michaelangelo in “The Agony and the Ecstasy”;
  • General Charles Gordon in “Khartoun.”

And he played fictitious characters, too:

  • Civil War officers (“Major Dundee”);
  • Norman knights (“The War Lord”);
  • ranchers (“Three Violent People”;
  • explorers (“The Naked Jungle”).
  • Judah Ben-Hur (“Ben-Hur”);
  • astronauts (“Planet of the Apes”)’

Heston was a widely respected actor who won the Academy Award for Best Actor in 1959 for “Ben Hur” and servecd as the president of the Screen Actors Guild from 1965 to 1971.

Yet even if I disdained Heston’s talents as an actor (and some movie critics did, finding him limited in range and wooden) it would be my right, under the First Amendment, to say so.

But it was not Heston’s film career that Carrey focused on–but his role as president of the NRA.

Related image

Charlton Heston at the NRA convention

Ironically, Heston had identified himself with liberal causes long before he became the face and voice of the gun lobby.

In 1961, he campaigned for Senator John F. Kennedy for President.  In 1963, he took part in Martin Luther King’s March on Washington.

In 1968, after the assassination of Senator Robert F. Kennedy, he joined actors Kirk Douglas, James Stewart and Gregory Peck in issuing a statement supporting President Lyndon Johnson’s Gun Control Act of 1968.

But over the coming decades, Heston became increasingly conservative: Reportedly voting for Richard Nixon in 1972; supporting gun rights; and campaigning for Republican Presidential candidates Ronald Reagan, George H.W. Bush and George W. Bush.

When asked why he changed political alliances, Heston replied “I didn’t change. The Democratic party changed.”