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Posts Tagged ‘USA PATRIOT ACT’

PREVENTING THE COMING DICTATORSHIP: PART FOUR (END)

In Bureaucracy, History, Law, Law Enforcement, Medical, Military, Politics, Social commentary on January 6, 2022 at 12:12 am

On January 6, 2021, thousands of Right-wing Donald Trump supporters—many of them armed—stormed the Capitol Building in Washington, D.C.

After overwhelming the Capitol Police force, they damaged and occupied parts of the building for several hours. Legislators huddled fearfully while National Guard units from several states finally evicted the insurrectionists.  

The Capitol attack marked the first time in American history when a defeated Presidential candidate violently sought to remain in office.

It may also mark a desperately-needed change in the priorities of American law enforcement, which has traditionally focused on Left-wingers—and especially blacks—as the country’s mortal enemies.

Option 2: The Justice Department could begin waging all-out war on Right-wing militia groups planning to unleash violence in 2024. 

Numerous commentators have noted the contrast between the tepid police response to the Capitol attack by white Right-wingers and the brutal crackdown on peaceful liberal blacks protesting the murder of George Floyd in Washington D.C. on June 1, 2020.

U.S. Park Police and National Guard troops used tear gas, rubber bullets, flash-bang grenades, horses, shields and batons to clear protesters from Lafayette Square—so Trump could stage a photo-op at St. John’s Episcopal Church. 

After 9/11, American law enforcement and Intelligence agencies initiated major reforms to focus on Islamic terrorism.

A similar reform effort, focusing on Right-wing terrorism, could include the following:

  • The FBI’s designating Right-wing political and terrorist groups as the Nation’s #1 enemy.  
  • Reviving the FBI’s legendary COINTELPRO (“Counterintelligence Program”) that destroyed the Ku Klux Klan in the late 1960s. Among the methods that can be used:  
  • Turning the Bureau’s powerful arsenal—bugs, wiretaps, informants, SWAT teams—on them.
  • Buying the cooperation of informants within Right-wing organizations.
  • Conducting “black bag jobs” to steal membership lists of of Right-wing organizations.
  • Breaking up the marriages of prominent Right-wingers by circulating rumors of their infidelity among their wives.
  • Informing the employers of known Right-wing terrorists of their employees’ criminal activity, resulting in the firing of untold numbers of them.
  • Contacting the news media to publicize the arrests of prominent Right-wing leaders.
  • When Right-wing terrorists target Federal law enforcement agents and/or their families for harassment or worse, they can be targeted for similar intimidation or removal.

FBI SWAT Team Training - YouTube

FBI SWAT member

A revised COINTELPRO could be supplemented by the following: 

  • Creating tip hotlines for reporting illegal Right-wing activities—and offering rewards for information that leads to arrests.
  • Prosecuting militia groups for violating Federal firearms laws. 
  • Treating calls for the murder of members of Congress—as Georgia Representative Marjorie Taylor Greene has done—as felonies punishable by lengthy imprisonment.
  • Prosecuting Right-wing leaders involved in the treasonous assault on the United States Capitol Building.
  • Prosecuting as “accessories to treason” all those Republican members of Congress who stoked Right-wing anger by lying that the 2020 Presidential election had been stolen from Donald Trump, although every objective news source proved he had lost.
  • Directing the Treasury Department’s Terrorist Finance Tracking Program (TFTP) at fundamentalist Christian churches that finance Right-wing terrorism-–just as it halts the financing of Islamic terrorist groups by Islamic organizations.

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  • Using drones, planes and/or helicopters to provide security against similar Right-wing terror demonstrations—especially in Washington, D.C.
  • Using the Federal Communications Commission to ban Fox News—the Nation’s #1 Right-wing propaganda network—from representing itself as a legitimate news network, and requiring that its stories carry labels warning viewers: “This is Right-wing propaganda, NOT news.”
  • Encouraging victims of Right-wing hate-speech to file libel/slander lawsuits against their abusers—such as the parents of murdered children at Sandy Hook Elementary School successfully did against Alex Jones. 
  • Using Federal anti-terrorist laws to arrest, prosecute and imprison Right-wingers who openly carry firearms and threaten violence, even if states allow such display of firearms. 
  • Seizing the assets of individuals and organizations found guilty of Right-wing terrorism offenses. 

Option 3: The “Caligula Solution.” 

Like Donald Trump, the Roman emperor Gaius Caligula delighted in humiliating others. His fatal mistake was taunting Cassius Chaerea, a member of his own bodyguard. 

On January 22 41 A.D. Chaerea and several other bodyguards hacked Caligula to death with swords before other guards could save him.

Trump has similarly behaved arrogantly toward his Secret Service guards.

  • He forced them to work without pay during his 35-day government shutdown in 2018.
  • He also forced them to accompany him to COVID-infected states—both during the Presidential campaign and afterward.
  • Many of them have been stricken with this often lethal disease as a result.

Even as an ex-President, Trump continues to insult anyone who challenges him. This includes not only Democrats but Republicans he feels don’t pay him sufficient homage—or, worse, dare to oppose him for the party’s 2024 Presidential nomination.

At the same time, he publicly exposes himself to a potential assassin virtually every day. And the mere presence of bodyguards is no guarantee against assassination. 

Presidential candidate George C. Wallace was shot and paralyzed by a gunman while mingling with supporters in a Maryland shopping center in 1972. And President Ronald Reagan was shot and almost killed in 1981 while walking to his bulletproof limousine in Washington, D.C.

Both men were under protection by the U.S. Secret Service at the time. 

PREVENTING THE COMING DICTATORSHIP: PART THREE (OF FOUR)

In Bureaucracy, Law, Law Enforcement, Medical, Military, Social commentary on January 5, 2022 at 12:16 am

Can a Republican coup—or a Republican-inspired civil war—be prevented? 

In theory, yes—if the administration of President Joseph Biden is willing to use the same methods America has applied against foreign enemies.

Option 1: The Justice Department could wage all-out war on state and Federal Republican politicians plotting to subvert American democracy. 

By December 14, 2021—11 months after the January 6 attack on the United States Capitol—more than 726 Stormtrumper rioters had been arrested and charged.

Yet no major Donald Trump supporter has been arrested, let alone criminally indicted.

  • NOT Trump’s attorney, Rudy Giuliani, who cried to the demonstrators, “Let’s have trial by combat!”
  • NOT Donald Trump, Jr., who, just hours before the Trump mob stormed Congress, threatened Republican lawmakers at a large rally outside the White House: “These guys better fight for Trump. Because if they’re not, guess what? I’m going to be in your backyard in a couple of months!”
  • And, above all, NOT Donald Trump. He not only incited his followers to attack the Capitol, he has spent the last year spreading poisonous lies that the 2020 election was “stolen” from him through “massive” voter fraud. As a result, he continues to undermine the democratic process as he terrorizes the Republican party to stand behind him.

Had anyone but a President orchestrated such an attack on Congress, the Justice Department would have come down on him with a vengeance. 

Obstructing Congressional or administrative proceedings is a Federal offense. According to 18 U.S.C 1505: It’s a felony, punishable by imprisonment of five to eight years if domestic or international terrorism is involved.

Before a prosecution can be initiated, three essential conditions must be met:

  1. There must be a proceeding pending before a department or agency of the United States.
  2. The defendant must know that a proceeding was occurring.
  3. S/he must have intentionally tried to “corruptly” influence, obstruct or impede the pending proceeding.

Every one of the men and women who stormed the Capitol Building stands guilty of violating U.S.C. 1505.

And so do those who egged them on—such as Missouri Rep. Mo Brooks and Missouri Senator Josh Hawley.

Still other Republican Congressional members played a coup-supporting role in trying to overturn the results of a legitimate Presidential election.

Hours after the Capitol attack, 147 Republicans who hid during the attempted coup returned to the House and Senate floors and voted just as Trump wanted them to: To overturn the election results in his favor, based on lies about widespread voter fraud.

The Justice Department could charge every one of these Congressional members as an accessory to terrorism under the USA Patriot Act for “activities that…appear to be intended…to influence the policy of a government by intimidation or coercion [and]…occur primarily within the territorial jurisdiction of the United States.”

United States Department of Justice

Had this happened early in 2021—by March or April at the latest—this would have sent a message that even the most ardent Trump supporters would have understood.

In addition, this would have deprived Republicans of the numerical power to obstruct the legislative agenda of the Joseph Biden administration.

Those members indicted would have been forced to spend most of their time strategizing with their attorneys to stay out of prison. They would have been forced to pony up huge legal fees—which would have had to come from funds intended for re-election campaigns.

(Contrary to popular belief, indictment—or even a felony conviction—of a member of Congress does not force him to vacate his seat.)

Option 2: The Justice Department could begin waging all-out war on Right-wing militia groups planning to unleash violence in 2024. 

According to American political scientist George Michael: “Right-wing terrorism and violence has a long history in America.”

The Supreme Court’s decision, in Brown v. Board of Education (1954), striking down segregated facilities, unleashed a wave of Ku Klux Klan violence against blacks, civil rights activists and Jews. Between 1956 and 1963, an estimated 130 bombings ravaged the South. 

File:KKK-Flag.svg - Wikimedia Commons

Ku Klux Klan flag

During the 1980s, more than 75 Right-wing extremists were prosecuted in the United States for acts of terrorism, carrying out six attacks.

The April 19, 1995 attack on the Alfred P. Murrah Federal Building in Oklahoma City by Timothy McVeigh and Terry Nichols killed 168 people. It was the deadliest act of domestic terrorism in the history of the United States until 9/11.

By 2020, Right-wing terrorism accounted for the majority of terrorist attacks and plots in the United States. A 2017 Government Accountability Office report stated that Right-wing extremist groups were responsible for 73% of violent extremist incidents resulting in deaths since September 12, 2001.

Right-wing violence rose sharply during the Barack Obama administration and especially during the Presidency of Donald Trump. His remark after the 2017 Unite the Right rally in Charlottesville, Virginia, that there were “some very fine people on both sides” convinced white supremacists that he favored their goals, if not their methods.

On January 6, 2021, thousands of Right-wing Donald Trump supporters—many of them armed—stormed the Capitol Building in Washington, D.C.

U.S. Congress Under Attack, Trump Supporters Enter Capitol Building - YouTube

Their goal: To stop members of Congress from counting Electoral Votes cast in the 2020 Presidential election, from which former Vice President Joseph R. Biden was expected to emerge the winner. 

PREVENTING THE COMING DICTATORSHIP: PART TWO (OF FOUR)

In Bureaucracy, History, Law, Law Enforcement, Medical, Military, Politics, Social commentary on January 4, 2022 at 12:54 am

“For more than a year now, with tacit and explicit support from their party’s national leaders, state Republican operatives have been building an apparatus of election theft. Elected officials in Arizona, Texas, Georgia, Pennsylvania, Wisconsin, Michigan, and other states have studied Donald Trump’s crusade to overturn the 2020 election.”

So opened a frightening, December 9, 2021 article in The Atlantic: “Trump’s Next Coup Has Already Begun.” 

Wrote Barton Gellman:    

“They have noted the points of failure and have taken concrete steps to avoid failure next time. Some of them have rewritten statutes to seize partisan control of decisions about which ballots to count and which to discard, which results to certify and which to reject.

“They are driving out or stripping power from election officials who refused to go along with the plot last November, aiming to replace them with exponents of the Big Lie. They are fine-tuning a legal argument that purports to allow state legislators to override the choice of the voters.”

Can this be pre-empted?  

In theory, yes—provided those in the administration of President Joseph Biden are willing to use the same methods America has applied against foreign enemies.

Option 1: The Justice Department could wage all-out war on state and Federal Republican politicians plotting to subvert American democracy.  

Seal of the United States Department of Justice.svg

Seal of the Justice Department

The place to start would be with former President Donald Trump. 

On January 6, 2021, he incited—on TV—thousands of his fanatical supporters to storm the United States Capitol Building where Electoral College votes in the 2020 Presidential election were being counted.  

Trump knew that former Vice President Joseph Biden had received more Electoral College votes than he had—306 to 232. 

And he wanted that vote-count stopped—thus allowing him to remain in office as “President-for-Life.”

For weeks Trump had ordered his legions of Right-wing Stormtrumpers to descend on Washington, D.C. on January 6. 

On December 20, 2020, he had tweeted: “Statistically impossible to have lost the 2020 Election. Big protest in DC on January 6th. Be there, will be wild!” 

In tweets, he promoted the rally again on December 27 and 30, and January 1.

Thus, through his lies, he had aroused the fury of his Right-wing supporters.

It would take only his command to send it hurtling at his perceived enemies: Those who would dare elect Joseph Biden in his place.

Melania Trump 'disappointed' by Trump supporters' Capitol riot - ABC7 Chicago

Donald Trump addresses his Stormtrumpers 

On January 6, Trump appeared at the Ellipse, a 52-acre park south of the White House fence and north of Constitution Avenue and the National Mall in Washington, D.C.

A stage had been set up for him to address tens of thousands of his supporters, who eagerly awaited him. NEXT UP: How the Justice Department can prosecute Trump-supporting Republican politicians.  

Trump ordered them to march on the Capitol building to express their anger at the voting process and to intimidate their elected officials to reject the results: 

“And after this, we’re going to walk down and I’ll be there with you. We’re going to walk down to the Capitol. And we’re going to cheer on our brave Senators and Congressmen and women and we’re probably not going to be cheering so much for some of them.

“Because you’ll never take back our country with weakness. You have to show strength and you have to be strong. We have come to demand that Congress do the right thing and only count the electors who have been lawfully slated.”

The Stormtrumpers marched to the United States Capitol—and quickly overwhelmed Capitol Police.

  • Members of the mob attacked police with chemical agents or lead pipes. 
  • Many  of  the  lawmakers’  office buildings were occupied  and  vandalized—including  that  of House Speaker Nancy Pelosi, a favorite Right-wing target.
  • Shouts of “Hang Pence!” and “Hang Pelosi!” often rang out. 
  • According to CBS News, more than 150 officers were injured in the attack.
  • Several rioters carried plastic handcuffs, possibly intending to take hostages.
  • Others carried treasonous Confederate flags.  

These are some of the high-profile figures who were seen storming the US Capitol

Stormtrumpers scaling Capitol Building walls

After more than three hours, police—using riot gear, shields and batons—retook control of the Capitol. 

And Trump?  After giving his inflammatory speech, he returned to the White House to watch his handiwork on television. Although he received multiple pleas to publicly call for his supporter to stand down, he refused to do so.

Eleven months later—by December 14—more than 726 Stormtrumper rioters had been arrested and charged.

Yet no major Trump supporter has been arrested, let alone indicted.

  • NOT Trump’s attorney, Rudy Giuliani, who cried to the demonstrators, “Let’s have trial by combat!”
  • NOT Donald Trump, Jr., who, just hours before the Trump mob stormed Congress, threatened Republican lawmakers at a large rally outside the White House: “These guys better fight for Trump. Because if they’re not, guess what? I’m going to be in your backyard in a couple of months!”
  • And, above all, NOT Donald Trump. He not only incited his followers to attack the Capitol, he has spent the last year spreading poisonous lies that the 2020 election was “stolen” from him through “massive” voter fraud. To this day, he continues to undermine the democratic process as he terrorizes the Republican party to stand behind him.

NEXT UP: How to prosecute Trump-supporting Republican politicians.  

PREVENTING THE COMING DICTATORSHIP: PART ONE (OF FOUR)

In Bureaucracy, History, Law, Law Enforcement, Medical, Military, Politics, Social commentary on January 3, 2022 at 12:11 am

If a second American Civil War erupts, it will be vastly different from the first one.

The first one lasted from 1861 to 1865. It pitted 13 Southern states against 19 fighting for the Union. 

The Southern states consisted of: South Carolina, Mississippi, Florida, Alabama, Georgia, Louisiana, Texas, Virginia, Arkansas, Tennessee, North Carolina, Kentucky and Missouri. 

The states fighting for the Union consisted of: Maine, New York, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, Pennsylvania, New Jersey, Ohio, Indiana, Illinois, Kansas, Michigan, Wisconsin, Minnesota, Iowa, California, Nevada, and Oregon.

Map of U.S. showing two kinds of Union states, two phases of secession and territories

Civil War America

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

It’s estimated that 750,000 Americans lost their lives during the Civil War—110,000 Union soldiers died in battle as opposed to 258,000 Confederates

The overwhelming reason for the war: Slavery. Southern states wanted to preserve it. Northern ones wanted to abolish it. And, in 1860, Northern states had elected Abraham Lincoln—an anti-slavery candidate—the 16th President of the United States.

But the blunt truth remained: Lincoln had no authority to abolish slavery—which had been legally upheld by the United States Supreme Court. And, in his Inaugural Address, he said exactly that:

“I have no purpose, directly or indirectly, to interfere with the institution of slavery in the States where it exists. I believe I have no lawful right to do so, and I have no inclination to do so.”

But he warned that he would not allow the Union to be peacefully dissolved. “We cannot separate. …The Union….will constitutionally defend, and maintain itself.

“In your hands, my dissatisfied fellow countrymen, and not in mine, is the momentous issue of civil war. The government will not assail you. You can have no conflict, without being yourselves the aggressors.”

A bearded Abraham Lincoln showing his head and shoulders

Abraham Lincoln

Ultimately, the South wanted to secede from the Union to preserve its “peculiar institution.” It did not seek to conquer the North and made no military moves against it—until April 12, 1861. 

That was when Confederate batteries in South Carolina’s Charleston Harbor opened fire on Union Fort Sumter. The next day, the fort surrendered. 

The attack led directly to the outbreak of the American Civil War, which lasted until April 9, 1865. Confederate general Robert E. Lee surrendered the Army of Northern Virginia to Union general Ulysses S. Grant at Appomattox Court House. 

A second Civil War would erupt with an entirely different goal in mind. Republican states do not want to be “left alone” by Washington and/or Democratic-controlled states. They want to rule Democratically-controlled states from Washington.

And their populations believe that, through Donald Trump, they can achieve just such control. 

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Donald Trump

To achieve victory in the 2024 Presidential election, legislators in Republican-controlled states are now working to nullify the votes of millions of Democratic voters

Thousands—or millions—of votes will be thrown away, to ensure that the Democratic winner will be declared the loser. The Republican loser will be certified president-elect.

According to a December 9, 2021 article in The Atlantic“Trump’s Next Coup Has Already Begun”-–while those who believe in democracy are blissfully ignoring the approaching threat:

Democrats, big and small D, are not behaving as if they believe the threat is real. Some of them, including President Joe Biden, have taken passing rhetorical notice, but their attention wanders. They are making a grievous mistake.”

“The democratic emergency is already here,” says Richard L. Hasen, a professor of law and political science at UC Irvine. “We face a serious risk that American democracy as we know it will come to an end in 2024, but urgent action is not happening.”

And retiring journalist Brian Williams echoes this fear:

“My biggest worry is for my country. I’m not a liberal or a conservative. I’m an institutionalist. I believe in this place. And in my love of my country I yield to no one, but the darkness on the edge of town has spread to the main roads and highways and neighborhoods. It’s now at the local bar and the bowling alley, the school broad and the grocery store. It must be acknowledged and answered for.

“Grown men and women who swore an oath to our constitution, elected by our constituents, possessing the kinds of college degrees I can only dream of, have decided to join the mob and become something they are not, while hoping we somehow forget who they were. They’ve decided to burn it all down with us inside. That should scare you to no end as much as it scares an aging volunteer fireman.” 

Brian Williams is leaving MSNBC. What's next? - CNN Video

Brian Williams

From The Atlantic

“For more than a year now, with tacit and explicit support from their party’s national leaders, state Republican operatives have been building an apparatus of election theft. Elected officials in Arizona, Texas, Georgia, Pennsylvania, Wisconsin, Michigan, and other states have studied Donald Trump’s crusade to overturn the 2020 election.

“They have noted the points of failure and have taken concrete steps to avoid failure next time. Some of them have rewritten statutes to seize partisan control of decisions about which ballots to count and which to discard, which results to certify and which to reject.” 

NEXT UP: How the coming Donald Trump dictatorship can be prevented.

HOW TO END AIR-RAGE INCIDENTS

In Bureaucracy, Business, History, Law, Law Enforcement, Medical, Politics, Social commentary on November 15, 2021 at 1:15 am

Of the 4,385 air rage incidents reported by September 24, only one person has been criminally charged.  

That is Vyvianna Quinonez, who in May punched a flight attendant in the face on a Southwest flight approaching San Diego. At the time of her arrest, she claimed she was acting in self-defense.

The airlines are under Federal jurisdiction—which means legal violations can be prosecuted by the Department of Justice (DOJ). Criminal penalties can run up to 20 years in prison if convicted of interfering with the operations of an aircraft.

As a civil authority, the FAA cannot charge anyone. The agency can fine violators up to $35,000. 

Seal of the United States Department of Justice.svg

Seal of the Justice Department

There are several reasons for this huge increase in air-rage incidents.

First, coach passengers are cramped into tight places with strangers, where they have little control over what’s happening to them. This can lead to nervousness, negative feelings and anger.

Second, the political polarization that marked the Donald Trump administration has taken to the skies with the imposition of mask mandates.

Surgical Face Mask 50 Pack - Face Masks & Hand Sanitiser ...

Surgical mask

Robert Bor, a director at the UK-based Centre for Aviation Psychology, says that most air-rage incidents are about masks.

“Most people are pretty neutral on whether they have Coke or Pepsi, but they will have very strong feelings when it comes to issues relating to health, human rights, access to air and so on; it triggers people to behave in slightly more militant ways.”

By June 29, of the 3,100 air-rage incidents thus far reported, 2,350 involved people refusing to comply with the Federal mask mandate. 

Airline crew members are frightened by these attacks—and depressed at the lack of punishment for them.

“We tell them [passengers] that it is a Federal offense to not comply with crew member instructions,” said Sara Nelson, international president of the Association of Flight Attendants. “Then the plane is met by airline supervisors or airport law enforcement and the passenger gets a slap on the wrist and sent on their way.”   

FAA Administrator Steve Dickson has his own complaints: “Every week, we see situations in which law enforcement was asked to meet an aircraft at the gate following an unruly passenger incident. Many of these passengers were interviewed by local police and released without criminal charges of any kind.”             

Meanwhile, the Transportation Safety Administration (TSA) has had its own serious lapses in judgment.

In March, 2013, TSA Administrator John Pistole unveiled a proposal to allow passengers to bring small knives, baseball bats, golf clubs and other sports equipment onto planes.

He explained that in light of hardened cockpit doors, armed off-duty pilots traveling on planes and other preventive measures, small folding knives could not be used by terrorists to take over a plane.

TSA dropped the proposal in June, thanks to fierce opposition from passengers, Congressional leaders and airline industry officials.

By October, 2021, the TSA had seized nearly 4,500 guns at airport security checkpoints, compared with about 4,400 in all of 2019, before the pandemic caused air travel to plummet in 2020. 

About 85% of the weapons caught were loaded. They were found on passengers or in carry-on bags across 248 U.S. airports, largely in Atlanta and Dallas-Fort Worth.

It’s worth remembering that for all the publicity given the TSA’s “Air Marshal” program, it’s been airline passengers—not Federal lawmen—who have repeatedly been the ones to subdue unruly fliers.

Prior to 9/11, commercial airline pilots and passengers were warned: If someone tries to highjack the plane, just stay calm and do what he says.

So many airplanes were directed by highjackers to land in Fidel Castro’s Cuba that these incidents became joke fodder for stand-up comedians.

And, up to 9/11, the advice to cooperate fully with highjackers and land the planes where they wanted worked.  No planes and no lives were lost.

But during 9/11, passengers and crew—with one exception—cooperated fully with the highjackers’ demands.

And all of them died horrifically when three of those jetliners were deliberately crashed into the Twin Towers of the World Trade Center and the Pentagon.

World Trade Center – September 11, 2001

Only on United Flight 93 did the passengers and crew fight back.

In doing so, they accomplished what soldiers, military pilots, the CIA and the FBI could not: They thwarted the terrorists, sacrificing their own lives and preventing the fourth plane from destroying the White House or the Capitol Building.

Memorial to the passengers and crew of United Flight 93

As a result, passengers are now ordered to act as their own air marshals when danger threatens.

To put an end to these outrages against public safety:

  • Violators should be taken into custody solely by the FBI.
  • Bail should be denied for all violators.
  • Every air-rage case should be prosecuted to the fullest extent of the law.
  • If this puts a strain on Federal detention centers, the accused should be shipped off to Guantanamo and other holding facilities.
  • Flight attendants and passengers should be empowered to use deadly force against anyone who poses a danger to the flight. Anyone found to have legally killed an air-rage perpetrator should be granted immunity from prosecution.
  • Anyone found illegally bringing a firearm aboard a flight should be arrested, jailed without bond, and tried under the USA Patriot Act, which counters terrorism. If convicted, s/he should spend at least 10 years in prison.

THE PERILS OF COWERING TO FASCISM

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on January 26, 2021 at 12:09 am

On November 9, 1923, Nazi Party Fuhrer Adolf Hitler tried to overthrow the government in Munich, Bavaria.

About 2,000 Nazis marched to the center of Munich, where they confronted heavily-armed police. A shootout erupted, killing 16 Nazis and four policemen. 

Hitler was injured during the clash, but managed to escape. Two days later, he was arrested and charged with treason.

Put on trial, he found himself treated as a celebrity by a judge sympathetic to Right-wing groups. He was allowed to brutally cross-examine witnesses and even make inflammatory speeches.

At the end of the trial, he was convicted of treason and sentenced to five years’ imprisonment.

Serving time in Landsberg Prison, in Bavaria. he was given a huge cell, allowed to receive unlimited visitors and gifts, and treated with deference by guards and inmates.

Hitler used his time in prison to write his infamous book, Mein Kampf-–“My Struggle.” Part autobiography, part political treatise, it laid out his future plans—including the extermination of the Jews and the conquest of the Soviet Union.

Image result for Images of Adolf Hitler outside Landsberg prison

Adolf Hitler leaving Landsberg Prison, December, 20, 1924

Nine months later, he was released on parole—by authorities loyal to the authoritarian Right instead of the newly-created Weimar Republic.

Hitler immediately began rebuilding the shattered Nazi party—and deciding on a new strategy to gain power. Never again would he resort to armed force. He would win office by election—or intrigue.

On January 30, 1933, those intrigues made him Chancellor of Germany. 

Writes historian Volker Ullrich, in his monumental 2016 biography, Hitler: Ascent 1889 – 1939: “Historians have perennially tried to answer the question of whether Hitler’s rise to power could have been halted….

“There were repeated opportunities to end Hitler’s run of triumphs. The most obvious one was after the failed Putsch of November 1923. Had the Munich rabble-rouser been forced to serve his full five-year term of imprisonment in Landsberg, it is extremely unlikely that he would have been able to restart his political career.”

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The United States Senate—and Justice Department—now face the same dilemma faced by the judges of the Weimar Republic. 

On January 6, thousands of Donald Trump’s supporters—incited by the then-President—attacked the United States Capitol. Stormtrumpers ransacked the building while legislators—protected by only a small cadre of police—huddled fearfully. Five people—including a Capitol Hill policeman—were killed.

The Stormtrumpers’ goal: To illegally overturn Trump’s defeat in the November 3 Presidential election.

The storming of the United States Capitol

TapTheForwardAssist, CC BY-SA 4.0 <https://creativecommons.org/licenses/by-sa/4.0&gt;, via Wikimedia Commons

On January 23, the Daily Mail carried a story under the headline: “Justice Department Debate NOT Charging Up to 800 MAGA Rioters at Capitol”:

“The FBI and prosecutors at the Justice Department are debating whether to decline to charge some of the MAGA rioters who stormed the United States Capitol on January 6 in an attempt to derail President Joe Biden’s certification.

“There is concern among DOJ officials that bringing charges against all of the estimated 800 rioters who ransacked the Capitol building could flood the local federal courthouse in Washington, DC, with cases.

“There have been internal discussions about forgoing charges against those who were not involved in any violence or vandalism but were simply trespassing or ‘going along with the crowd,’ The Washington Post reported.”

Meanwhile, many Republicans are strongly opposing Trump’s second impeachment trial—which is set to open on February 8. 

Some claim that the only way to “heal” the country after four divisive years of Trump is to forgive his every crime.

This amounts to Right-wing hypocrisy, since Trump himself wanted his Attorney General to “lock up” those who had not broken the law—former FBI Director James Comey, former President Barack Obama and former First Lady and Senator Hillary Clinton. 

Other Republicans are asserting that since Trump has left office, his crimes cannot be prosecuted.

Yet no other United States official has ever been granted such immunity. If an ex-Senator is found to have taken bribes, he can be tried for bribery—so long as the statute hasn’t expired

More than 500 years ago, the father of political science, Niccolo Machiavelli, examined the issue of rewards and punishments. He concluded: 

…No well-ordered republic should ever cancel the crimes of its citizens by their merits. But having established rewards for good actions and penalties for evil ones, and having rewarded a citizen for conduct who afterwards commits a wrong, he should be chastised for that without regard to his previous merits. And a state that properly observes this principle will long enjoy its liberty, but if otherwise, it will speedily come to ruin. 

For if a citizen who has rendered some eminent service to the state should add to the reputation and influence which he has thereby acquired the confident audacity of being able to commit any wrong without fear of punishment, he will in a little while become so insolent and overbearing as to put an end to all power of the law.  

For those who require more contemporary advice, the example of the Weimar Republic offers a continuing warning.

Right-wing judges and police, sympathizing with men like Adolf Hitler—who had publicly sworn to destroy the fledging Republic—ultimately made that a reality.

They must not be allowed to do the same to the American Republic.

CREATING A DICTATORSHIP: PART THREE (END)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on October 14, 2020 at 12:11 am

There were solid grounds for the Obama Justice Department to indict Donald Trump or invalidate the results of the 2016 election. Yet no action was taken.

Case #4: The Justice Department did not invalidate the results of the 2016 election, despite overwhelming evidence that Russia intervened to elect Trump as Vladimir Putin’s chosen candidate. 

In July, 2016, the Russians hacked the Democratic committee’s servers—but not those of the Republican National Committee.

Admiral Michael Rogers, director of the National Security Agency (NSA) and US Cyber Command, said in mid-November, 2016, that Russia made “a conscious effort” to sway the results of the Presidential election by the hacking of 20,000 emails from the Democratic National Committee.

“There shouldn’t be any doubt in anybody’s mind,” said Rogers. “This was not something that was done casually. This was not something that was done by chance. This was not a target that was selected purely arbitrarily. This was a conscious effort by a nation-state to attempt to achieve a specific effect.”

On December 16, 2016, FBI Director James B. Comey and Director of National Intelligence James R. Clapper Jr. agreed with a CIA assessment that Russia intervened in the 2016 election in part to help Donald Trump win the White House. 

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Case #5: The Justice Department did not prosecute Trump for treason, even though he solicited aid from Russia, a nation hostile to the United States. And no major official of the government—including President Obama—publicly condemned him as a traitor.     

On July 9, 2016, high-ranking members of his Presidential campaign met at Trump Tower with at least two lobbyists with ties to Russian dictator Vladimir Putin. The participants included: 

  • Trump’s son, Donald Trump Jr.;
  • His son-in-law, Jared Kushner;
  • His then-campaign manager, Paul Manafort; 
  • Natalia Veselnitskaya, a Russian lawyer with ties to Putin; and 
  • Rinat Akhmetshin, a former Soviet counterintelligence officer suspected of “having ongoing ties to Russian Intelligence.”

The purpose of that meeting: To gain access to any “dirt” Russian Intelligence could supply on Democratic Presidential Nominee Hillary Clinton. 

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Donald Trump

On July 22, 2016, Wikileaks released 19,252 emails and 8,034 attachments hacked from computers of the highest-ranking officials of the Democratic National Committee (DNC). Early reports traced the leak to Russian hackers. 

At a news conference in Doral, Florida on July 27, 2016, Trump publicly invited “Russia”—i.e., Vladimir Putin—to hack Hillary Clinton’s emails: “I will tell you this, Russia: If you’re listening, I hope you’re able to find the 30,000 emails that are missing. I think you will probably be rewarded mightily by our press.” 

Hours later, the Main Intelligence Directorate in Moscow targeted Clinton’s personal office and hit more than 70 other Clinton campaign accounts.

This was essentially treason—calling on a hostile foreign power to interfere directly in an American Presidential election. And it was seen as such by both Democrats and even Republicans:

  • “This has to be the first time that a major presidential candidate has actively encouraged a foreign power to conduct espionage against his political opponent,” Hillary for America policy adviser Jake Sullivan said in a statement. “That’s not hyperbole, those are just the facts. This has gone from being a matter of curiosity, and a matter of politics, to being a national security issue.”
  • “I find those kinds of statements to be totally outrageous because you’ve got now a presidential candidate who is, in fact, asking the Russians to engage in American politics,” said former CIA Director Leon Panetta, a Clinton surrogate. “I just think that’s beyond the pale.”
  • Brendon Buck, a spokesman for House Speaker Paul Ryan, said: “Russia is a global menace led by a devious thug. Putin should stay out of this election.”

Throughout 2016, the CIA, FBI and National Security Agency (NSA) found numerous ties between officials of the Trump Presidential campaign and Russian Intelligence agents. Among these were future Secretary of State Rex Tillerson, future National Security Adviser Michael Flynn  and future Attorney General Jeff Sessions.

The discovery of such contacts between Trump campaign officials and Russian Intelligence agents led the FBI to launch an investigation into Russia’s efforts to influence the outcome of the 2016 Presidential election. 

On October 7, 2016, The Washington Post leaked a video of Donald Trump making sexually predatory comments about women. Among his admissions: That he had aggressively tried to bed a married woman, and “when you’re a star….you can do anything. Grab them by the pussy.”

The story rocked the Trump campaign—and threatened to upend it. Then it was eclipsed by an even bigger story.

Eleven days before the November 8 election, FBI Director James Comey announced that he was re-opening an investigation he had closed on Hillary Clinton’s emails on a private server while she was Secretary of State.

That announcement erased widespread outrage over Trump’s unintended admissions of predatory behavior toward women and reversed Clinton’s growing lead in the polls.

Yet the Bureau has never issued similar statements about the continuing reports of close ties between Donald Trump and Vladimir Putin, and Trump’s history of investments in Russia.

To their shame, no one from the Obama administration—including the President himself—has apologized for failing to take action against these abuses.

And, to their shame, the news media has failed to indict them for their criminal negligence.

CREATING A DICTATORSHIP: PART TWO (OF THREE)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on October 13, 2020 at 1:03 am

There were at least five instances when the Obama administration could have disqualified Donald Trump as a Presidential candidate—or secured his indictment. Yet it did neither.

Case #2:  The Justice Department did not indict Trump for threats that he made—or inspired—against Republicans and Democrats throughout the 2016 campaign. 

Even Fergus Cullen, former chairman of the New Hampshire GOP, expressed fear of what might happen if Trump lost the election:

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Fergus Cullen

“That’s really scary,” Cullen said, recounting the violence at Trump rallies around the country leading up to the Republican National Convention. “In this country, we’ve always had recriminations after one side loses. But we haven’t had riots. We haven’t had mobs that act out with violence against supporters of the other side.

“There’s no telling what his supporters would be willing to do at the slightest encouragement from their candidate,” he said.

Trump even began encouraging his mostly white supporters to sign up online to be “election observers” to stop “Crooked Hillary from rigging this election.” He urged them to act as poll watchers in “other” [non-white] communities to ensure that things are “on the up and up.”

Many of his supporters promised to do so.

“Trump said to watch your precincts. I’m going to go, for sure,” said Steve Webb, a 61-year-old carpenter from Fairfield, Ohio.

“I’ll look for…well, it’s called racial profiling. Mexicans. Syrians. People who can’t speak American,” he said. “I’m going to go right up behind them. I’ll do everything legally. I want to see if they are accountable. I’m not going to do anything illegal. I’m going to make them a little bit nervous.”

Knowing that large numbers of angry—and possibly armed—Right-wingers planned to descend on polling places could only have had a chilling effect on untold numbers of Democratic voters. And this would have been especially true in heavily conservative states.

Both the USA Patriot Act and the Racketeer Influenced Corrupt Organizations (RICO) Act have statutes dealing with making terrorist threats against government institutions to influence their members. 

Image result for Official White House photos of George W. Bush signing USA Patriot Act

President George W. Bush signing the USA Patriot Reauthorization Act of 2005

If Trump’s remarks did not violate one or both of those laws, certainly remarks made by his surrogates did.

Thus, the Justice Department could have cited the Patriot Act in indicting Trump and/or any number of his followers for “activities that…appear to be intended…to influence the policy of a government by intimidation or coercion [and]…occur primarily within the territorial jurisdiction of the United States.”

The Justice Department could have also demanded that the results of the election be invalidated on the basis that widespread voter and candidate intimidation played a massive role in it.

But of course this did not happen. 

Case #3 Making threats against anyone under protection by the U.S. Secret Service is a felony. Yet Donald Trump was never held legally accountable by the Justice Department.

  • On August 9, 2016, Trump told a rally in Wilmington, North Carolina: “Hillary [Clinton] wants to abolish, essentially abolish, the Second Amendment. If she gets to pick her [Supreme Court] judges, nothing you can do folks. Although the Second Amendment people, maybe there is, I don’t know.”
  • Reacting to Trump’s “dog-whistle” threat against Clinton, Michael Hayden, former head of the CIA and National Security Agency (NSA) said: “Well, let me say if someone else said that outside of the hall, he’d be in the back of a police wagon now, with the Secret Service questioning him.”

Seal of the United States Department of Justice.svg

Case #4: The Justice Department did not invalidate the results of the 2016 election, despite overwhelming evidence that Russia intervened to elect Trump as Vladimir Putin’s chosen candidate. 

In October, 2016, the Department of Homeland Security (DHS) and the Office of the Director of National Intelligence (DNI) issued a joint statement: The Russian government had directed the effort to subvert the 2016 Presidential election.

On December 16, 2016, FBI Director James B. Comey and Director of National Intelligence James R. Clapper Jr. agreed with a CIA assessment that Russia intervened in the 2016 election in part to help Donald Trump win the White House. 

CREATING A DICTATERSHIP: PART ONE (OF THREE)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on October 12, 2020 at 12:05 am

“The only thing necessary for the triumph of evil is for good men to do nothing.”

So wrote Edmund Burke (1729-1797) the Irish statesman, author, orator, political theorist and philosopher. And history has repeatedly proved him right. 

One such example was the rise of Adolf Hitler as Germany’s Fuhrer.

Writes historian Volker Ullrich, in his monumental new biography, Hitler: Ascent 1889–1939: “Historians have perennially tried to answer the question of whether Hitler’s rise to power could have been halted….

“There were repeated opportunities to end Hitler’s run of triumphs. The most obvious one was after the failed Putsch of November, 1923. Had the Munich rabble-rouser been forced to serve his full five-year term of imprisonment in Landsberg, it is extremely unlikely that he would have been able to restart his political career.” 

But that didn’t happen.

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Tried for and convicted of treason, he was sentenced to five years’ imprisonment.

At Landsberg Prison, in Bavaria. he was given a huge cell, allowed to receive unlimited visitors and gifts, and treated with deference by guards and inmates.

Nine months later, he was released on parole—by authorities loyal to the authoritarian Right instead of the newly-created Weimar Republic.

Hitler immediately began rebuilding the shattered Nazi party—and deciding on a new strategy to gain power. Disdaining armed force, he would win office by election—or intrigue. 

On January 30, 1933, those intrigues bore fruit: Adolf Hitler was appointed Chancellor of Germany.

Future historians may one day write that what didn’t happen played at least as great a role in electing Donald Trump President as what actually did.

There were at least five instances where the Justice Department of President Barack Obama could have utterly changed the outcome of the 2016 election. Yet, for reasons still unknown, it chose to do nothing.

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Donald Trump

Case #1:  The Obama Justice Department did not indict Trump and/or the Attorney Generals of Texas and/or Florida for their roles in the Trump University scandal.

  • Florida Attorney General Pam Bondi personally solicited a political contribution from Donald Trump around the same time her office deliberated joining an investigation of alleged fraud at Trump University and its affiliates.
  • After Bondi dropped the Trump University case against Trump, he wrote her a $25,000 check for her re-election campaign. The money came from the Donald J. Trump Foundation.
  • Republican Texas Attorney General Ken Paxton moved to muzzle a former state regulator who says he was ordered in 2010 to drop a fraud investigation into Trump University for political reasons.
  • Paxton’s office issued a cease and desist letter to former Deputy Chief of Consumer Protection John Owens after he made public copies of a 14-page internal summary of the state’s case against Donald Trump for scamming millions from students of his now-defunct real estate seminar.
  • After the Texas case was dropped, Trump cut a $35,000 check to the gubernatorial campaign of then-attorney general and now Texas Governor Greg Abbott.

But New York’s Attorney General, Eric Schneiderman, pressed fraud claims against Trump—and forced the real estate mogul to settle the case out of court for $25 million on November 18, 2016.

There have been no press reports that the Justice Department investigated these cases to determine if Trump violated the Racketeer Influenced Corrupt Organizations (RICO) Act statutes.

If the Justice Department did not investigate these cases, it should have. And if he did violate the RICO statutes, he should have been indicted, even as a Presidential candidate or President-elect.

Even if an indictment had not produced a conviction, the mere bringing of one would have cast an unprecedented cloud over his candidacy—let alone his being sworn in as President.  

Case #2:  The Justice Department did not indict Trump for the series of threats that he made—directly and indirectly—against Republicans and Democrats throughout the 2016 campaign. 

Threatening  political opponents with violence is a crime under Federal law. Yet making threats against his Republican and Democratic opponents played a major role in Trump’s Presidential campaign.

  • On March 16, he warned Republicans that if he didn’t win the GOP nomination in July, his supporters would literally riot: “I think you’d have riots. I think you would see problems like you’ve never seen before. I think bad things would happen. I really do. I wouldn’t lead it, but I think bad things would happen.” 
  • An NBC reporter summed it up as: “The message to Republicans was clear on [March 16]: ‘Nice convention you got there, shame if something happened to it.’” 
  • That Republicans clearly saw this as a threat is undeniable. Paul Ryan, their Speaker of the House, said on March 17: “Nobody should say such things in my opinion because to even address or hint to violence is unacceptable.”
  • Philip Klein, the managing editor of the Washington Examiner, wrote on the eve of the Republican National Convention in July: “Political commentators now routinely talk about the riots that would break out in Cleveland if Trump were denied the nomination, about how his supporters have guns and all hell could break loose, that they would burn everything to the ground. It works to Trump’s advantage to not try too hard to dispel these notions.”

OBAMA AND THE FBI: CREATING PRESIDENT TRUMP–PART THREE (END)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on July 10, 2019 at 12:08 am

There were solid grounds for the Obama Justice Department to indict Donald Trump or invalidate the results of the 2016 election. Yet no action was taken.

Case #4: The Justice Department did not invalidate the results of the 2016 election, despite overwhelming evidence that Russia intervened to elect Trump as Vladimir Putin’s chosen candidate. 

In July, 2016, the Russians hacked the Democratic committee’s servers—but not those of the Republican National Committee.

Admiral Michael Rogers, director of the National Security Agency (NSA) and US Cyber Command, said in mid-November, 2016, that Russia made “a conscious effort” to sway the results of the Presidential election by the hacking of 20,000 emails from the Democratic National Committee.

“There shouldn’t be any doubt in anybody’s mind,” said Rogers. “This was not something that was done casually. This was not something that was done by chance. This was not a target that was selected purely arbitrarily. This was a conscious effort by a nation-state to attempt to achieve a specific effect.”

On December 16, 2016, FBI Director James B. Comey and Director of National Intelligence James R. Clapper Jr. agreed with a CIA assessment that Russia intervened in the 2016 election in part to help Donald Trump win the White House. 

Related image

Case #5: The Justice Department did not prosecute Trump for treason, even though he solicited aid from Russia, a nation hostile to the United States. And no major official of the government—including President Obama—publicly condemned him as a traitor.     

On July 9, 2016, high-ranking members of his Presidential campaign met at Trump Tower with at least two lobbyists with ties to Russian dictator Vladimir Putin. The participants included: 

  • Trump’s son, Donald Trump Jr.;
  • His son-in-law, Jared Kushner;
  • His then-campaign manager, Paul Manafort; 
  • Natalia Veselnitskaya, a Russian lawyer with ties to Putin; and 
  • Rinat Akhmetshin, a former Soviet counterintelligence officer suspected of “having ongoing ties to Russian Intelligence.”

The purpose of that meeting: To gain access to any “dirt” Russian Intelligence could supply on Democratic Presidential Nominee Hillary Clinton. 

Related image

Donald Trump

On July 22, 2016, Wikileaks released 19,252 emails and 8,034 attachments hacked from computers of the highest-ranking officials of the Democratic National Committee (DNC). Early reports traced the leak to Russian hackers. 

At a news conference in Doral, Florida on July 27, 2016, Trump publicly invited “Russia”—i.e., Vladimir Putin—to hack Hillary Clinton’s emails: “I will tell you this, Russia: If you’re listening, I hope you’re able to find the 30,000 emails that are missing. I think you will probably be rewarded mightily by our press.” 

Hours later, the Main Intelligence Directorate in Moscow targeted Clinton’s personal office and hit more than 70 other Clinton campaign accounts.

This was essentially treason—calling on a hostile foreign power to interfere directly in an American Presidential election. And it was seen as such by both Democrats and even Republicans:

  • “This has to be the first time that a major presidential candidate has actively encouraged a foreign power to conduct espionage against his political opponent,” Hillary for America policy adviser Jake Sullivan said in a statement. “That’s not hyperbole, those are just the facts. This has gone from being a matter of curiosity, and a matter of politics, to being a national security issue.”
  • “I find those kinds of statements to be totally outrageous because you’ve got now a presidential candidate who is, in fact, asking the Russians to engage in American politics,” said former CIA Director Leon Panetta, a Clinton surrogate. “I just think that’s beyond the pale.”
  • Brendon Buck, a spokesman for House Speaker Paul Ryan, said: “Russia is a global menace led by a devious thug. Putin should stay out of this election.”

Throughout 2016, the CIA, FBI and National Security Agency (NSA) found numerous ties between officials of the Trump Presidential campaign and Russian Intelligence agents. Among these were future Secretary of State Rex Tillerson, future National Security Adviser Michael Flynn  and future Attorney General Jeff Sessions.

The discovery of such contacts between Trump campaign officials and Russian Intelligence agents led the FBI to launch an investigation into Russia’s efforts to influence the outcome of the 2016 Presidential election. 

On October 7, 2016, The Washington Post leaked a video of Donald Trump making sexually predatory comments about women. Among his admissions: That he had aggressively tried to bed a married woman, and “when you’re a star….you can do anything. Grab them by the pussy.”

The story rocked the Trump campaign—and threatened to upend it. Then it was eclipsed by an even bigger story.

Eleven days before the November 8 election, FBI Director James Comey announced that he was re-opening an investigation he had closed on Hillary Clinton’s emails on a private server while she was Secretary of State.

That announcement erased widespread outrage over Trump’s unintended admissions of predatory behavior toward women and reversed Clinton’s growing lead in the polls.

Yet the Bureau has never issued similar statements about the continuing reports of close ties between Donald Trump and Vladimir Putin, and Trump’s history of investments in Russia.

To their shame, no one from the Obama administration—including the President himself—has apologized for failing to take action against these abuses.

And, to their shame, the news media has failed to indict them for their criminal negligence.

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