Posts Tagged ‘USA PATRIOT ACT’
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In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on March 7, 2017 at 12:35 am
Even without wiretaps, there were at least four instances when Federal law enforcement authorities could have disqualified Donald Trump as a Presidential candidate–or secured his indictment.
Threatening your political opponents with violence is a crime under Federal law. Yet such threats against his Republican and Democratic opponents played a major role in Trump’s Presidential campaign.
- 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.”
- 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.”
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.

Threats of violence continued to be made by Trump supporters right up to the day of the election.
- On July 29, 2016, Roger Stone, a notorious Right-wing political consultant acting as a Trump strategist, told Breitbart News: “The first thing Trump needs to do is begin talking about [voter fraud] constantly. If there’s voter fraud, this election will be illegitimate, the election of the winner will be illegitimate, we will have a constitutional crisis, widespread civil disobedience, and the government will no longer be the government.”
- At a town hall meeting where Trump’s Vice Presidential nominee Mike Pence appeared, a woman named Rhonda said: “For me personally, if Hillary Clinton gets in, I myself am ready for a revolution.”
- In Cincinnati, a Trump supporter threatened to forcibly remove Hillary Clinton, the Democratic nominee, from the White House if she won the race: “If she’s in office, I hope we can start a coup. She should be in prison or shot. That’s how I feel about it,” said Dan Bowman, a 50-year-old contractor. “We’re going to have a revolution and take them out of office if that’s what it takes. There’s going to be a lot of bloodshed. But that’s what it’s going to take….”
Even Fergus Cullen, former chairman of the New Hampshire GOP, expressed fear of what might happen if Trump lost the election:

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.

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.
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In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on March 6, 2017 at 12:56 am
Future historians–if there are any–may one day write that it’s what didn’t happen that played at least as great a role in electing Donald Trump President as what actually did.
There were at least four instances where intervention by Federal law enforcement authorities could have utterly changed the outcome of the 2016 election.
And Trump’s completely unsupported accusations that he was illegally wiretapped were not one of those instances.
On March 4, in a series of unhinged tweets, Trump accused former President Barack Obama of tapping his Trump Tower phones prior to the election:
“Terrible! Just found out that Obama had my ‘wires tapped’ in Trump Tower just before the victory. Nothing found. This is McCarthyism!”
“Is it legal for a sitting President to be ‘wire tapping’ a race for president prior to an election? Turned down by court earlier. A NEW LOW!”
“I’d bet a good lawyer could make a great case out of the fact that President Obama was tapping my phones in October, just prior to Election!”
“How low has President Obama gone to tapp my phones during the very sacred election process. This is Nixon/Watergate. Bad (or sick) guy!”
There are two theories about what prompted Trump’s accusations.
Theory #1: They were prompted by Right-wing media outlets that had been pushing wiretapping claims in recent days.
On March 2, Right-wing radio host Mark Levin claimed that Obama had used “powers of the federal government to surveil members of the Trump campaign.”
Referring to Attorney General Jeff Sessions and his newly disclosed meetings with Russia’s ambassador last year, Levin asked: “Today’s reporting on Sessions having a chance meeting with the ambassador–where did that information come from? Look at the timing of it. Was Obama surveilling top Trump campaign officials during the election?”
On March 3, the Fascist media site Breitbart News echoed the charge. Its story was based on Levin’s show and offered no evidence to back up its accusations.
Theory #2: Trump, under scrutiny for ties between his campaign and Russia, sought to deflect attention by making an outrageous accusation.

Donald Trump
Even without wiretaps, there were at least four instances where intervention by Federal law enforcement authorities could have disqualified Trump as a Presidential candidate and/or secured his indictment.
Case #1: The 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 check $25,000 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.
One attorney general who refused to accept money from Trump was New York’s Eric Schneiderman. His decision to press fraud claims against Trump forced the real estate mogul to settle the case out of court for $25 million.
“Today’s $25 million settlement agreement is a stunning reversal by Donald Trump,” said Schneiderman on November 18, “and a major victory for the over 6,000 victims of his fraudulent university.”
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 his series of threats that he made–directly and indirectly–against Republicans and Democrats throughout the 2016 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.”
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In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on January 4, 2017 at 12:15 am
Future historians may one day write that it’s what didn’t happen that played at least as great a role in electing Donald Trump President as what actually did.
There were at least four instances where intervention by Federal law enforcement authorities could have utterly changed the outcome of the 2016 election.
Two of these dealt with purely domestic issues—the Trump University scandal and Trump’s repeated threats of violence against Republican and Democratic opponents.
The third and fourth ones dealt with events directly affecting the security of the United States.
It is unprecedented for an American Presidential candidate to repeatedly bestow fulsome praise on the leader of a foreign power hostile to the United States. And to receive equally fawning compliments in return from that leader.
Yet that is precisely what has happened between Donald Trump and Vladimir Putin.
Thus Putin on Trump: “He is a bright personality, a talented person, no doubt about it. It is not up to us to appraise his positive sides, it is up to the U.S. voters. but, as we can see, he is an absolute leader in the presidential race.”

Vladimir Putin
And Trump on Putin: “It is always a great honor to be so nicely complimented by a man so highly respected within his own country and beyond. He’s running his country, and at least he’s a leader. Unlike what we have in this country”—a clear attack on President Barack Obama.

Donald Trump
Case #3: 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.
- Admiral Michael Rogers, director of the National Security Agency (NSA) and US Cyber Command, said in mid-November 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.”
- The Russians hacked the Democratic committee’s servers–but not those of the Republican National Committee.
- On December 16, 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.

Trump, however, has steadfastly denied any such role by Russia: “I think it’s ridiculous,” he told “Fox News Sunday.” “I think it’s just another excuse. I don’t believe it….No, I don’t believe it at all.”
Case #4: 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.
At a news conference in Doral, Florida on July 27, 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.”
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.”
- Brendan 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.”
- Even Trump’s Vice Presidential running mate, Mike Pence, said: “If it is Russia and they are interfering in our elections, I can assure you both parties and the United States government will ensure there are serious consequences.”
FBI Director James Comey believed that Hillary Clinton’s emails on a private server were so dangerous to national security that he announced—11 days before the election—that he was re-opening an investigation he had closed.
That announcement erased widespread outrage over Trump’s unintended admissions of predatory behavior toward women—“Grab them by the pussy”—and reversed Clinton’s growing lead in the polls.
Yet the Bureau has not issued any such statements about the continuing reports of close ties between Trump and Putin, and Trump’s possible investments in Russia.
To their shame, the federal agencies charged with safeguarding America failed to take action against these abuses. And, to their shame, the news media, to date, has failed to indict them for their negligence.
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In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on January 3, 2017 at 12:01 am
Threatening his Republican and Democratic opponents with violence played a major role in Donald Trump’s campaign for President.
No other candidate—Republican or Democrat—had ever made such repeated and brutal use of threats of physical assault in pursuing the Presidency.
- 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.”
- On August 9, 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.”
- “Don’t treat this as a political misstep,” Senator Christopher S. Murphy of Connecticut, who has called for stiffer gun laws, wrote on Twitter. “It’s an assassination threat, seriously upping the possibility of a national tragedy & crisis.”
- “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,” said Michael Hayden, former head of the CIA and National Security Agency (NSA).
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.
Threats of this type continued to be made by Trump supporters right up to the day of the election.
- On July 29, Roger Stone, a notorious Right-wing political consultant acting as a Trump strategist, told Breitbart News: “The first thing Trump needs to do is begin talking about [voter fraud] constantly. If there’s voter fraud, this election will be illegitimate, the election of the winner will be illegitimate, we will have a constitutional crisis, widespread civil disobedience, and the government will no longer be the government.”
- At a town hall meeting where Trump’s Vice Presidential nominee Mike Pence appeared, a woman named Rhonda said: “For me personally, if Hillary Clinton gets in, I myself am ready for a revolution.”
- In Cincinnati, a Trump supporter threatened to forcibly remove Clinton from the White House if she won the race: “If she’s in office, I hope we can start a coup. She should be in prison or shot. That’s how I feel about it,” Dan Bowman, a 50-year-old contractor, said of Hillary Clinton, the Democratic nominee. “We’re going to have a revolution and take them out of office if that’s what it takes. There’s going to be a lot of bloodshed. But that’s what it’s going to take….I would do whatever I can for my country.”
Even Fergus Cullen, former chairman of the New Hampshire GOP, expressed fear of what might happen if Trump lost the election:


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.

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.
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In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on January 2, 2017 at 12:12 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.

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.
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.”


Thus, it isn’t just what happens that can influence the course of history. Often, it’s what doesn’t happen that has at least as great a result.
Future historians—if there are any—may one day write that it’s what didn’t happen that played at least as great a role in electing Donald Trump President as what actually did.
There were at least four instances where intervention by Federal law enforcement authorities could have utterly changed the outcome of the 2016 election.

Donald Trump
Case #1: The 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 check $25,000 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.
One attorney general who refused to accept money from Trump was New York’s Eric Schneiderman. His decision to press fraud claims against Trump forced the real estate mogul to settle the case out of court for $25 million.
“Today’s $25 million settlement agreement is a stunning reversal by Donald Trump,” said Schneiderman on November 18, “and a major victory for the over 6,000 victims of his fraudulent university.”
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 his series of threats that he made—directly and indirectly—against Republicans and Democrats throughout the 2016 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.”
- And Ohio governor and Republican presidential candidate John Kasich chinned in. “Leaders don’t imply violence,” Kasich told “Face the Nation” on March 20. “When he says that there could be riots, that’s inappropriate. I think you understand that, okay? Secondly, while we have our differences and disagreements, we’re Americans. Americans don’t say, ‘Let’s take to the streets and have violence.'”
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In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on July 22, 2016 at 12:05 am
The ancient Greeks believed: “A man’s character is his fate.” It is Barack Obama’s character–and America’s fate–that he is more inclined to conciliation than confrontation.
Richard Wolffe chronicled Obama’s winning of the White House in his book Renegade: The Making of a President. He noted that Obama was always more comfortable when responding to Republican attacks on his character than he was in making attacks of his own.
Rule #4: Be Open to Compromise–Not Capitulation
Obama came into office determined to find common ground with Republicans. But they quickly made it clear to him that they only wanted his political destruction.

President Barack Obama
At that point, he should have put aside his hopes for a “Kumbaya moment” and applied what Niccolo Machiavelli famously said in The Prince on the matter of love versus fear:
From this arises the question whether it is better to be loved than feared, or feared more than loved. The reply is, that one ought to be both feared and loved, but as it is difficult for the two to go together, it is much safer to be feared than loved.
For it may be said of men in general that they are ungrateful, voluble, dissemblers, anxious to avoid danger and covetous of gain.
As long as you benefit them, they are entirely yours: they offer you their blood, their goods, their life and their children, when the necessity is remote. But when it approaches, they revolt….
And 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.

Niccolo Machiavelli
By refusing to vigorously prosecute acts of Republican extortion, President Obama has encouraged Republicans to intensify their aggression against him.
Their most recent act: Refusing to meet with federal appeals court judge Merrick Garland. Obama’s designated nominee to the Supreme Court after the February 13 death of Justice Antonin Scalia.
Kentucky United States Senator Mitch McConnell has flatly stated: There will be no Supreme Court hearing–not during regular business or a post-election lame-duck session.
Had Obama proceeded with indictments against Republican extortion in 2011 or 2013, McConnell–who supported the extortion attempts of those years–would now be desperately meeting with his lawyers.
Rule #5: First Satisfy Your Citizens, Then Help Them
Obama started off well. Americans had high expectations of him.
This was partly due to his being the first black elected President. And it was partly due to the legacies of needless war and financial catastrophe left by his predecessor, George W. Bush.
Obama entered office intending to reform the American healthcare system, to make medical care available to all citizens, and not just the richest.
But that was not what the vast majority of Americans wanted him to concentrate his energies on. With the loss of 2.6 million jobs in 2008, Americans wanted Obama to find new ways to create jobs.
This was especially true for the 11.1 million unemployed, or those employed only part-time.
Jonathan Alter, who writes sympathetically about the President in The Center Holds: Obama and His Enemies, candidly states this.
But Obama chose to spend most of his first two years as President pushing the Affordable Care Act (ACA)–which soon became known as Obamacare–through Congress.
The results were threefold:
First, those desperately seeking employment felt the President didn’t care about them.
Second, the reform effort became a lightning rod for conservative groups like the Tea Party.
And, third, in 2010, a massive Right-wing turnout cost Democrats the House of Representatives and threatened Democratic control of the Senate.
Rule #6: Be Careful What You Promise
Throughout his campaign to win support for the ACA, Obama had repeatedly promised that, under it: “If you like your health insurance plan, you can keep your plan. Period. If you like your doctor, you can keep your doctor. Period.”
But, hidden in the 906 pages of the law, was a fatal catch for the President’s own credibility.
The law stated that those who already had medical insurance could keep their plans--so long as those plans met the requirements of the new healthcare law.
If their plans didn’t meet those requirements, they would have to obtain new coverage that did.
It soon turned out that a great many Americans wanted to keep their current plan–even if it did not provide the fullest possible coverage.
Suddenly, the President found himself facing a PR nightmare: Charged and ridiculed as a liar.
Even Jon Stewart, who on “The Daily Show” had supported the implementation of “Obamacare,” sarcastically ran footage of Obama’s “you can keep your doctor” promise.

Jon Stewart
The implication: You said we could keep our plan/doctor; since we can’t, you must be a liar.
As a result, the President found his reputation for integrity–long his greatest asset–tarnished.
All of which takes us to yet another warning offered by Machiavelli: Whence it may be seen that hatred is gained as much by good works as by evil….
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In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on July 21, 2016 at 12:07 am
If Hillary Clinton succeeds Barack Obama as President, can gain much by learning from his mistakes.
In 2011, Obama could have ended Republican extortion by invoking the law–that of the Racketeer Influenced Corrupt Organizations (RICO) Act and/or the USA Patriot Act.
Or he could have faced down Republican extortionists by urging his fellow Americans to rally to him in a moment of supreme national danger.
Rule #2: Rally Your Citizens Against a Dangerous Enemy
President John F. Kennedy did just that–successfully–during the most dangerous crisis of his administration.
Addressing the Nation on October 22, 1962, Kennedy shocked his fellow citizens by revealing that the Soviet Union had installed offensive nuclear missiles in Cuba.

John F. Kennedy
After outlining a series of steps he had taken to end the crisis, Kennedy sought to reassure and inspire his audience. His words are worth remembering today:
“The path we have chosen for the present is full of hazards, as all paths are, but it is the one most consistent with our character and courage as a nation and our commitments around the world.
“The cost of freedom is always high, but Americans have always paid it. And one path we shall never choose, and that is the path of surrender or submission.”
President Obama could have sent that same message to the extortionists of the Republican Party.
Yet this was another option he failed to exploit. And he and the Nation have continued to pay the price for it.
Rule #3: Timidity Toward Aggressors Only Leads to More Aggression
In September, 2013, Republicans once again threatened to shut down the Federal Government unless the President agreed to defund the Affordable Care Act (ACA), better known as “Obamacare.
They were enraged that millions of uninsured Americans might receive medical care on a par with that given members of the House and Senate.
So on September 20, the House voted on a short-term government funding bill that included a provision to defund Obamacare.
Obama and Senate Democrats rejected that provision. If the House and Senate couldn’t reach a compromise, many functions of the federal government would be shut down indefinitely on October 1.
According to Republicans: They wanted to save the country from bankruptcy–although the Congressional Budget Office stated that the ACA would lower future deficits and Medicare spending.
After passing the House and Senate, the ACA had been signed into law by President Obama on March 23, 2010.
On June 28, 2012, the United States Supreme Court–whose Chief Justice, John Roberts, is a Republican–had upheld the constitutionality of the ACA.
Yet House Republicans still sought a way to stop the law from taking effect. By September, 2013, they had voted 42 times to repeal “Obamacare.”
But their efforts had failed; the Democratic-led Senate made it clear it would never go along with such legislation.
Finally, unable to legally overturn the Act or to legislatively repeal it, House Republicans fell back on something much simpler: Threats and fear.
Threats–of voting to shut down salaries paid to most Federal employees. Most, because they themselves would continue to draw hefty salaries while denying them to FBI agents, air traffic controllers and members of the military, among others.
And fear–that would be generated throughout the Federal government, the United States and America’s international allies.
Republicans claimed it was Obama and Senate Democrats who refused to see reason and negotiate.
But then a Republican accidentally gave away the real reason for the shutdown.
“We’re not going to be disrespected,” Rep. Marlin Stutzman (R-Ind.) told the Washington Examiner. “We have to get something out of this. And I don’t know what that even is.”

Martin Stutzman
In short, Republicans–as admitted by Martlin Stutzman–were out to get “respect.” A member of the Crips or Bloods couldn’t have said it better.
The shutdown began on October 1, 2013–and ended 16 days later with even Republicans admitting it had been a failure.
President Obama, a former attorney, denounced House Republicans as guilty of “extortion” and “blackmail.” If he truly believed them to be so guilty, he could have once again invoked RICO and/or the USA Patriot Act.
Yet he did neither.
Had the President dared to prosecute such criminal conduct, the results would have been:
- Facing lengthy prison terms, those indicted Republicans would have been forced to lawyer-up. That in itself would have been no small thing, since good criminal attorneys cost big bucks.
- Obsessed with their own personal survival, they would have found little time for engaging in the same thuggish behavior that got them indicted. In fact, doing so would have only made their conviction more likely.
- The effect on Right-wing Republicans would have been the same as that of President Ronald Reagan’s firing of striking air traffic controllers: “You cross me and threaten the security of this Nation at your own peril.”

True, some prosecuted Republicans might have beaten the rap. But first they would have been forced to spend huge amounts of time and money on their defense.
And with 75% of Americans voicing disgust with Congress, most of those prosecuted might well have been convicted.
It would have been a long time before Republicans again dared to engage in such behavior.
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In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on July 20, 2016 at 12:11 am
If Hillary Clinton becomes the nation’s first woman President, that will certainly be as big a historical milestone as Barack Obama’s becoming the first black man to hold that office.
But simply being elected President will not guarantee her success–any more than it guarantees success to any President.
Every President faces challenges that his (up to now) predecessor didn’t. But others can be reasonably anticipated. For Clinton, a totally predictable challenge will be the sheer hatred and ruthless opposition Republicans aimed at Obama.
And unless she determines, early on, to confront and overcome it, she will find her agenda just as blocked and undermined as Obama so often did.

Hillary Clinton
For example:
On July 9, 2011, Republican extortionists threatened the Nation with financial ruin and international disgrace unless their budgetary demands were met.
They refused to raise the debt ceiling unless Democrats agreed to massively cut social programs for the elderly, poor and disabled.
If Congress failed to raise the borrowing limit of the federal government by August 2, the date when the U.S. reached the limit of its borrowing abilities, it would begin defaulting on its loans.
As Warren Buffett, CEO of Berkshire Hathaway, explained the looming economic catastrophe: “If you don’t send out Social Security checks, I would hate to think about the credit meeting at S&P and Moody’s the next morning.
“If you’re not paying millions and millions and millions of people that range in age from 65 on up, money you promised them, you’re not a AAA,” said Buffett.

Warren Buffett
A triple-A credit rating is the highest possible rating that can be received.
And while Republicans demanded that the disadvantaged tighten their belts, they rejected raising taxes on their foremost constituency–the wealthiest 1%.
Raising taxes on the wealthy, they insisted, would be a “jobs-killer.” It would “discourage” corporate CEOs from creating tens of thousands of jobs they “want” to create.
As the calendar moved closer to the fateful date of August 2, Republican leaders continued to insist: Any deal that includes taxes “can’t pass the House.”
One senior Republican said talks would go right up to–and maybe beyond–the brink of default.
“I think we’ll be here in August,” said Republican Rep. Pete Sessions, of Texas. “We are not going to leave town until a proper deal gets done.”
President Obama had previously insisted on extending the debt ceiling through 2012. But in mid-July, he simply asked congressional leaders to review three options with their members:
- The “Grand Bargain” choice–favored by Obama–would cut deficits by about $4 trillion, including spending cuts and new tax revenues.
- A medium-range plan would aim to reduce the deficit by about $2 trillion.
- The smallest option would cut between $1 trillion and $1.5 trillion, without increased tax revenue or any Medicare and Medicaid cuts.
And the Republican response?
Said Rep. Darrell Issa, chairman of the Oversight and Government Reform Committee: “Quite frankly, [Republican] members of Congress are getting tired of what the president won’t do and what the president wants.”
With the United States teetering on the brink of national bankruptcy, President Obama faced three choices:
- Counter Republican extortion attempts via RICO–the Racketeer Influenced Corrupt Organizations Act.
- Make a Cuban Missile Crisis-style address to the American people, seeking to rally them against a criminal threat to the financial security of the Nation.
- Cave in to Republican demands.
Unfortunately for Obama and the Nation, he chose Number Three.
Rule #1 Ruthlessly Prosecute the Acts of Ruthless Criminals
But Obama could have countered that danger via the Racketeer Influenced Corrupt Organizations (RICO) Act.
In 1970, Congress passed RICO, Title 18, United States Code, Sections 1961-1968. Its goal: Destroy the Mafia.

U.S. Department of Justice
RICO opens with a series of definitions of “racketeering activity” which can be prosecuted by Justice Department attorneys. Among those crimes: Extortion.
Extortion is defined as “a criminal offense which occurs when a person unlawfully obtains either money, property or services from a person(s), entity, or institution, through coercion.”
And if President Obama had believed that RICO was insufficient to deal with this crisis, he could have relied on the USA Patriot Act of 2001, passed in the wake of 9/11.

President George W. Bush signs the USA Patriot Act into law – October 26, 2001
In Section 802, the Act defines domestic terrorism. Among the behavior that is defined as criminal:
“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 remedies for punishing such criminal behavior were legally in place. President Obama needed only to direct the Justice Department to apply them.
“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 remedies for punishing such criminal behavior were legally in place. President Obama needed only to direct the Justice Department to apply them.
Prosecuting members of Congress would not have violated the separation-of-powers principle. Congressmen had been investigated, indicted and convicted for various criminal offenses.
Such prosecutions–and especially convictions–would have served notice on current and future members of Congress that the lives and fortunes of American citizens may not be held hostage as part of a negotiated settlement.
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In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on March 25, 2016 at 12:04 am
In September, 2013, President Barack Obama and Senate Democrats refused to knuckle under to yet another Republican extortion threat: Defund the Affordable Care Act (ACA) or we’ll shut down the government.
Republicans claimed it was Obama and Senate Democrats who refused to see reason and negotiate.
But then a Republican accidentally gave away the real reason for the shutdown.
“We’re not going to be disrespected,” Rep. Marlin Stutzman (R-Ind.) told the Washington Examiner. “We have to get something out of this. And I don’t know what that even is.”

Marlin Stutzman
In short, Republicans–as admitted by Martlin Stutzman–were out to get “respect.” A member of the Crips or Bloods couldn’t have said it better.
The shutdown began on October 1, 2013–and ended 16 days later with even Republicans admitting it had been a failure.
President Obama, a former attorney, denounced House Republicans as guilty of “extortion” and “blackmail.” Had the President acted to prosecute such criminal conduct, the results would have been:
- Facing lengthy prison terms, those indicted Republicans would been forced to lawyer-up. That in itself would have been no small thing, since good criminal lawyers cost big bucks.
- Obsessed with their own personal survival, they would have found little time for engaging in the same thuggish behavior that got them indicted. In fact, doing so would have only made their conviction more likely.
- Those Republicans who hadn’t been indicted would have realized: “I could be next.” This would have produced a chilling effect on their willingness to engage in further acts of subversion and/or extortion.
- The effect on Right-wing Republicans would have been the same as that of President Ronald Reagan’s firing of striking air traffic controllers: “You cross me and threaten the security of this Nation at your own peril.”

True, some prosecuted Republicans might have beaten the rap. But first they would have been forced to spend huge amounts of time and money on their defense.
And with 75% of Americans voicing disgust with Congress, most of those prosecuted might well have been convicted.
It would have been a long time before Republicans again dared to engage in such behavior.
The ancient Greeks believed: “A man’s character is his fate.” It is Obama’s character–and America’s fate–that he is more inclined to conciliation than confrontation.
Richard Wolffe chronicled Obama’s winning of the White House in his book Renegade: The Making of a President. He noted that Obama was always more comfortable when responding to Republican attacks on his character than he was in making attacks of his own.
Obama came into office determined to find common ground with Republicans. But they quickly made it clear to him that they only wanted his political destruction.
At that point, he should have put aside his hopes for a “Kumbaya moment” and applied what Niccolo Machiavelli famously said in The Prince on the matter of love versus fear:

Niccolo Machiavelli
From this arises the question whether it is better to be loved than feared, or feared more than loved. The reply is, that one ought to be both feared and loved, but as it is difficult for the two to go together, it is much safer to be feared than loved.
For it may be said of men in general that they are ungrateful, voluble, dissemblers, anxious to avoid danger and covetous of gain.
As long as you benefit them, they are entirely yours: they offer you their blood, their goods, their life and their children, when the necessity is remote. But when it approaches, they revolt….
And 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.
By refusing to vigorously prosecute acts of Republican extortion, President Obama has unleashed twin disasters upon himself and the United States:
First, Republicans have been encouraged to intensify their acts of aggression against him.
Their most recent act: Refusing to meet with federal appeals court judge Merrick Garland. Obama’s designated nominee to the Supreme Court after the February 13 death of Justice Antonin Scalia.
Kentucky United States Senator Mitch McConnell has flatly stated: There will be no Supreme Court hearings–not during regular business or a post-election lame-duck session.
Had Obama proceeded with indictments against Republican extortion in 2011 or 2013, McConnell–who supported the extortion attempts of those years–would now be desperately meeting with his lawyers.
Second, Republicans have unleashed their tactics of extortion against one another.
Donald Trump, their front-running Presidential candidate, has openly threatened to aim violence at Republican delegates who do not accept him as their nominee.
As Philip Klein, the managing editor of the Washington Examiner, recently wrote:
“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.”
Thus, those who submit to the aggression of criminals only encourage contempt–and increased aggression–from those same criminals.
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In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on March 24, 2016 at 12:30 am
On July 9, 2011, Republican extortionists threatened the Nation with financial ruin and international disgrace unless their demands were met.
President Barack Obama could have countered that danger with the Racketeer Influenced Corrupt Organizations (RICO) Act. Among the crimes it authorizes for prosecution: Extortion.
Extortion is defined as “a criminal offense which occurs when a person unlawfully obtains either money, property or services from a person(s), entity, or institution, through coercion.”
And if President Obama had believed that RICO was not sufficient to deal with extortionate behavior, he could have relied on the USA Patriot Act of 2001, passed in the wake of 9/11.

President George W. Bush signs the USA Patriot Act into law – October 26, 2001
In Section 802, the Act defines domestic terrorism. Among the behavior that is defined as criminal:
“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 remedies for punishing such criminal behavior were legally in place. President Obama needed only to direct the Justice Department to apply them.
Prosecuting members of Congress would not have violated the separation-of-powers principle. Congressmen have in the past been investigated, indicted and convicted for various criminal offenses.
Such prosecutions–and especially convictions–would have served notice on current and future members of Congress that the lives and fortunes of American citizens may not be held hostage as part of a negotiated settlement.
On August 1, Chris Matthews, host of MSNBC’s “Hardball,” wrapped up his program with a search for “options” to avoid another round of Republican extortion tactics.

Chris Matthews
“I want to know what steps the president ‘could’ have taken to avoid this hostage-taking.
“…Is there another way than either buckling to the Republicans or letting the government and the country crash?
“How does he use the power of the presidency, the logic, emotion and basic patriotism of the people, to thwart those willing to threaten, disrupt, even possibly destroy to get their way?”
The answer to his questions–then and now–is: Replace the law of fear with the rule of law.
But there was another way Obama could have stood up to Republican extortionists: By urging his fellow Americans to rally to him in a moment of supreme national danger.
President John F. Kennedy did just that–successfully–during the most dangerous crisis of his administration.
Addressing the Nation on October 22, 1962, Kennedy shocked his fellow citizens by revealing that the Soviet Union had installed offensive nuclear missiles in Cuba.

John F. Kennedy
After outlining a series of steps he had taken to end the crisis, Kennedy sought to reassure and inspire his audience. His words are worth remembering today:
“The path we have chosen for the present is full of hazards, as all paths are, but it is the one most consistent with our character and courage as a nation and our commitments around the world.
“The cost of freedom is always high, but Americans have always paid it. And one path we shall never choose, and that is the path of surrender or submission.”
President Obama could have sent that same message to the extortionists of the Republican Party.
Yet this was another option he failed to exploit. And he and the Nation have continued to pay the price for it.
In the fall of 2013, Republicans once again threatened to shut down the Federal Government unless the President agreed to defund the Affordable Care Act (ACA), better known as “Obamacare.
They were enraged that millions of uninsured Americans might receive medical care on a par with that given members of the House and Senate.
So on September 20, the House voted on a short-term government funding bill that included a provision to defund Obamacare.
That provision was a no-go for Senate Democrats and President Obama. If the House and Senate couldn’t reach a compromise, many functions of the federal government would be shut down indefinitely on October 1.
The official reason given by Republicans: They wanted to save the country from bankruptcy–although the Congressional Budget Office stated that the ACA would lower future deficits and Medicare spending.
After passing the House and Senate, the ACA had been signed into law by President Obama on March 23, 2010.
On June 28, 2012, the United States Supreme Court–whose Chief Justice, John Roberts, is a Republican–had upheld the constitutionality of the ACA.
Yet House Republicans continued searching for a way to stop the law from taking effect. By September, 2013, they had voted 42 times to repeal “Obamacare.”
But their efforts had failed; the Democratic-led Senate made it clear it would never go along with such legislation.
Finally, unable to legally overturn the Act or to legislatively repeal it, House Republicans fell back on something much simpler: Threats and fear.
Threats–of voting to shut down salaries paid to most Federal employees. Most, because they themselves would continue to draw hefty salaries while denying them to FBI agents, air traffic controllers and members of the military, among others.
And fear–that would be generated throughout the Federal government, the United States and America’s international allies.
On October 1, 2013, House Republicans made good on their threat. They “shut down the government.”
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ABORTING TRUMP’S CANDIDACY–WHAT MIGHT HAVE BEEN: PART TWO (OF THREE)
In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on March 7, 2017 at 12:35 amEven without wiretaps, there were at least four instances when Federal law enforcement authorities could have disqualified Donald Trump as a Presidential candidate–or secured his indictment.
Threatening your political opponents with violence is a crime under Federal law. Yet such threats against his Republican and Democratic opponents played a major role in Trump’s Presidential campaign.
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.
Threats of violence continued to be made by Trump supporters right up to the day of the election.
Even Fergus Cullen, former chairman of the New Hampshire GOP, expressed fear of what might happen if Trump lost the election:
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.
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.
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