The kidnapping of a nation

Many are doubtless giving a sigh of relief at the apparent compromise in DC, resulting in the lifting of the deficit ceiling and avoidance of the first-time ever debacle of a U. S. unable to honor its debts. The terms of this deal, however, may turn out worse than insolvency, the cure worse than the disease.

1. Who are the winners?

Clearly this is a victory for the Tea Party wing of the Republican party, with its insistence on a balanced budget, meaning spending cuts, and no increase in taxes. While they had also resisted raising the deficit ceiling, it represents their only instance of compromise.

2. Who are the losers?

President Obama: Americans may not perceive it this way, but it’s the President, who blinked, despite initially insisting on a package that would raise taxes for those earning more than $250,000 a year. We should have gotten wind of this pattern when at the end of 2010 he caved in to Tea Party demands of not raising tax revenue in exchange for extending unemployment compensation.

Democrats: This agreement curtails the New Deal/Great Society mandates foundational to the Party’s outreach to the indigent, working poor, and middle class. Medicaid, Medicare, and Social Security, social mainstays for many, will see cuts, even as inflation increases and medical costs escalate. Cuts will affect our National Parks, environmental safeguards, education, etc. The costs in lost revenue to the States is yet to be reckoned in. As Steven Cohen, Director of Columbia University’s Earth Institute, has it: “All of President Obama’s brainpower, charisma and speaking skills have not translated into clear, crisp, leadership. Instead, I see just another calculating, poll-driven politico. His re-election campaign dominates his Presidency.” Huffington Post Politics, Aug.1, 2011.

Republicans: The GOP will be the primary recipient of public rage in the 2012 elections for their subservience to their Tea Party wing. Ironically, the GOP faces a high probability of the Tea Party running as a third party in 2012, should Republicans nominate a more moderate conservative such as Romney.

The average American: Ironically, our down economy, now into its third year, requires more cash infusion, not less, as a temporary means to stimulating the market place. Had the present legislation been in effect at the outset of the Great Recession in 2008, a hand-cuffed president would not have been able to bail out Chrysler and General Motors, for example. Three years later, these companies have paid back their loans and added 150,000 workers. Making spending cuts are likely to put out whatever blue embers there are, plunging us this time into world depression on a scale paralleling the 1930s.

3. Are there other consequences?

The worst is yet to come. As you’re probably aware, this agreement calls for a Super Committee composed of six Republicans and six Democrats to suggest further budget areas for cutting. If the Committee stalemates or the Congress balks, automatic cuts will ensue. Not only will entitlement programs be targeted as major areas for cutting, but the Defense Department as well, potentially hazarding our national security. What we lose is our flexibility to respond to crisis, whether economic or military.

This imbroglio hasn’t really been about cutting spending. It’s been ideological, a small core of die-hard conservatives operating as an insurgency to overthrow big government. Holding our country hostage, they have been quite willing to shove Americans over the cliff unless their ransom gets paid.

The Constitution option?

As I write, we face an unbelievable, yet possible deadlock scenario in reaching compromise on lifting the debt ceiling as both political parties hunker down, unable to reach compromise on spending cuts. At this point, you’re hearing a lot about the Constitution option by which the President would simply raise the debt ceiling on his own. Former President Clinton said this is what he’d do and let the courts sort it out later. Many Democrats now concur. At the moment, the President has said he doesn’t think it applicable. Nor do I. Besides, it’s a very bad idea.

1. What is the Constitution option?

We’re talking about the 14th Amendment, Article 4, adopted in 1868. It says,

The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

2. Why it doesn’t apply to our present debt crisis:

The Article is part of the 14th Amendment pushed by radical Republicans in the post-Civil War era to extend their political power by ensuring the citizenship and voting rights of Negroes. One might think of the Amendment as the beginning of the Reconstruction era, since it sanctioned the dividing of the South into five military districts. Article 4 ironically disallows Southern, or Confederacy debt (e.g., reimbursement for the loss of slaves, etc.), while allowing for the legitimacy of the Federal debt. The Article became law in 1868 after its ratification by the States. At best, it recognizes the legitimacy of the national debt. The post-war government needed revenue sources after fighting an expensive conflict. It wanted to be paid. The Article doesn’t allot the right to increase that debt. I have yet to find any proponents of implementing this Article quoting beyond its first sentence. Reading the Article in its entirety clearly establishes its post-Civil War context and limitations.

3. Why it would be bad policy to invoke Article 4 of the 14th Amendment:

Resorting to this solution would set dangerous precedent, giving future presidents a blank check on spending without Congressional approval. The Constitution is clear on its mandate for a check-and-balance system of the Congressional, Judicial, and Executive branches of government. Besides, we want a solution to our overspending, and not its perpetuation.

In the short run, it would likely incite an impeachment attempt even though it would fail in the Senate, where Democrats hold a slight majority. At the very least, it would add to the fractiousness between the two parties and heat the political temperature still further as we head into an election year.

It’s sound policy, whether at the personal or government level, to always weigh the possible consequences of any decision. Decisions are like stones cast into the water. They make ripples.

A letter to Congress

The other night, President Obama asked Americans to contact their reps in Congress and urge them to pass a responsible deficit cutting bill. Many of you did that, resulting in a mammoth switchboard overload. My wife resorted to email, writing the following message:

Senator McConnell,

Please, please, please use your unparalleled power to limit cuts to Social Security, Medicare, Medicaid, etc., in the proposed budget. It is utter nonsense that we of the middle class get trampled on every time there is a financial crisis in this country.

My husband (retired) and I (close to retirement) have worked hard and, as millions of others in our tax bracket, deserve some consideration here. The GOP, mainly that damned Tea Party faction, is more than likely forcing us to look outside this once great nation for more comfortable living. Funny–I love my country; it’s getting so I just can’t afford it.

Please help put a stop to this foolishness. If our government fails in this crisis, we will have lost all hope.

More baloney

Last night, the President finally appealed to Americans to support deficit reduction, urging them to contact their representatives in Congress. Problem is that it’s not going to get the job done, as even Americans are divided as to the best approach.

Polls indicate that what Americans fear even more than the government defaulting on its loans are cuts in Medicare funding, and with good reason. It’s no secret Obama has been touting slicing some $600 billion dollars out of Medicare, largely by cutting back 30% on payments to doctors and hospitals. Finally, the AARP, usually in lock step with the Obama administration, is vociferously protesting and running spirited ads.

I just don’t see how it’s going to fly. Yesterday I had to visit my ophthalmologist. In the course of office banter, the deficit crisis came up, and I mentioned the proposal being kicked around in DC to cut back 30% on Medicare outlays. He shared that he didn’t know how he could absorb it. He might have to refuse Medicare clients. His current expenses were running so high it was possible that he couldn’t retire. This from a doctor!

Curiously, when I walked into the doctor’s office, virtually all of us were gray panthers, or getting there in a hurry. It’s reassuring that there are some 50 million of us and we do vote.

I’m not sure Americans remember that one of the President’s carrots for getting his Health Reform Bill passed was a promise to cut some $500 billion from Medicare by eliminating waste. Yeah some waste, but $500 billion’s worth? Hey, am I missing something here? Do the Dodgers still play in Brooklyn?

To play fair, I’m equally chagrined at the Republicans, intimidated by their purist Tea Party colleagues, resisting an increase in tax revenue. As I’ve pointed out in an earlier blog, it would solve our budget deficit problems in short order over a space of several years. You just can’t have your cake and eat it, too. We need a mix of cutting spending and raising revenue.

By the way, where are the cuts in benefit outlays for members of Congress? Oh, I forgot–they’re not under Medicare!

The psychology behind Obama’s decision making

It’s Monday and a new day begins for troubled markets as party chiefs once again try to resolve the deficit impasse that threatens a financial meltdown with global implications. Nevertheless, I remain optimistic that cooler heads will prevail and a deal will be struck, though perhaps to no one’s liking. Whatever we do, it’s probable our credit rating will drop from triple to double A, resulting in higher borrowing interest for everybody.

In this post, however, my focus is on the psychological dynamics at work in our President’s seeming inability to provide firm, creative, leadership across the board. Quite frankly, he lacks leadership spunk, the resourcefulness of occasionally putting up his dukes, or more bluntly, becoming a just plain son-of-a-bitch, Harry Truman style if you will. Mind you, we’re in a war, economically speaking, with high stakes. We can’t afford taking the wrong options. As on a real battlefield, leaders must develop a strategy and prove decisive in its execution. Our president, however, a kind man, lacks the killing instinct to get the job done. It’s never a straight path for him. He’d rather waddle. In my previous post, I spoke loud and clear on the President’s tendency to put up the white flag prematurely, undermining his promises, and in the process, giving strength to the opposition, who increasingly perceive him as vulnerable.

Why is he this way? With the increasing advances in neurobiology comes a possible answer. Medical researchers can now map and measure the brain’s capacity to respond to our emotions. Frankly, some of us are wired to be hot, or emotionally sensitive; conversely, there are the cold types, or those said to have “ice in their veins.” I suspect good relief pitchers in baseball belong to this tribe. The worst of the cold types, of course, are the sociopaths, who can shoot 76 teens in a Norwegian camp and argue afterwards how it was necessary. Neurology has grown so advanced that we can even detect who the sociopaths are.

In the realm of finance, an offshoot of neurology has been the development of neuroeconomics, or the study of the cognitive processes at work behind financial decision-making. Let’s take a case scenario: Investors in Wall Street who consistently earn little tend to be markedly conservative, with little appetite for risk. A few losses and they quickly panic. Often they’ll opt for investing in bonds rather than equities, even though over a sustained period, and despite market downturns, the latter out perform bonds. This conservatism, rampant among the hot types, has given rise to what’s known as “myopic loss aversion.” As British psychologist Kevin Dutton remarks, “Emotion, it would seem, is so oriented toward risk aversion that even when the benefits outweigh the losses it henpecks our brains into erring on the side of caution” (Split Second Persuasion, 20011, p. 208).

Our president, surely one of the more cautious and feeling presidents we’ve known, unfortunately mirrors the hot-wired grouping of those undermined by an excessive capacity for empathy. He can see, or better, feel both sides. The result: consensus or compromise, whittling down previous commitment.

In the business model, you may not like it, but the ruthless prove the most successful entrepreneurs, whether Bill Gates or Steve Jobs. In his now classic studies, Harvard’s Stanley Rachman studied bomb disposal experts with 10-years or more experience, specifically those decorated and undecorated. What separates the great ones from the merely good? Rachman made a startling find: the heart rate of the undecorated remained stable, even though subject to high stress. However, here’s the thumper, the heart rate of the decorated proved unstable. It went down!

Rachman discovered something else: not only did successful risk-taking have a physiological basis, but something additional was in the mix–confidence (Stanley Rachman, “Fear and Courage: A Psychological Perspective,” Social Research 71(1) (2004),14976).

Obama is fond of Abraham Lincoln, perhaps intuitively in seeking a mentor of what he would like in himself. While we obviously aren’t able to map Lincoln’s brain via an fMRI, we can presume he had the necessary prerequisite of confidence to make the crucial, hard decisions necessary to preserving the Union, whether in opposing the expansion of slavery, declaring war, changing generals, or issuing the Emancipation Proclamation. In the previous century, three presidents again demonstrated this confidence factor, the Roosevelts, and Ronald Reagan. Regardless of your politics, they inspired a nation with their own confidence and took us from the dark places into the light.

Unfortuately, Obama, a hot type, isn’t wired this way. In truth, he’s more Carteresque than vintage Lincoln. Compassion and equity surely have a place, but not when their offspring is paralysis.

Keeping the faith

In a recent riveting analysis of decision making by President Obama, Praising the Hostage Takers, liberal Paul Leob painfully laments the President’s overweening zeal for compromise.
Will Obama ever hold the Republicans accountable for their reckless and destructive actions? No matter how outrageous their demands, he keeps giving them legitimacy, first resisting, then compromising, then praising the result as bipartisanship. He’s forgotten the basic lesson of negotiation — you don’t hand everything over before you start, particularly to people who have utter contempt for your values and goals. He’s also forgotten the importance of fighting for your principles, so people have a reason to support you.

As I write, top brass from both parties are scrambling to come up with something feasible by Monday morning.  Ultimately, the parties will strike an agreement on easing the deficit crisis, though it’s likely to be bad news for most of us, with options for changing the cost-of living formula for social security, applying a means test to both, and eliminating the mortgage deduction among those on the table.  Meanwhile, no tax increase on incomes above $250, 000.  It’s no secret there’s been a massive transfer of wealth going on to the upper class for some time, ultimately creating something like what you have in South America: you’re basically poor or well off.  The upcoming scenario simply expedites that trend.

In my own case, a retired prof with a still working spouse, my own income from social security and a retirement annuity invested in over the years has been declining even as inflation heats up and Medicare premiums and deductibles soar.  Meanwhile, I’ve not received any cost-of-living payout in social security due to inflation in the last two years. That doesn’t stop the Feds from taxing my social security heavily, as they count my wife’s income as total family income.  It’s worse for others.

The scandal is that fifty percent of Americans pay no tax at all.  Family size, mortgage exemptions, low wages, etc., contribute to this scenario.  Unlike South America, in our country, the poor get attended to and the wealthy get their loopholes.  Wall Street and the banks get their bailouts.  You and I, the middle class, we’re the pack mules

But I want to get back to Obama.  In campaigning for the presidency, he posed as the people’s protector.  On the other hand, he hasn’t walked the talk since getting elected. Loeb, gives us a disturbing litany of what the President has “compromised” away:

Obama’s almost pathological devotion to compromise started early in his presidency. Republicans and a handful of corporate-funded Democrats used the Senate filibuster to block action on issue after critical issue. Instead of calling them to account and marshalling public pressure against them, Obama responded as if their intransigence was reasonable, giving them instant political cover. He did this on health care, financial regulation, and attempts to pass a sufficiently large economic stimulus. On climate change, he tried to prove his reasonableness by allowing offshore oil drilling (just before the BP oil disaster) while securing not a single vote in return. Republican Lindsay Graham was planning to offer precisely this enticement to convince borderline Senators to support at least some price on carbon, and said Obama effectively killed the bill by leaving him with nothing to offer people Obama similarly refused to take a firm stand on ending the Bush tax cuts, which he could have simply let expire. He’s now retreating on the debt ceiling battle, saying he might have to sign off on a deal that cuts spending now a the vague promise of reforming taxes later.

Anything to get the deficit ceiling raised:  erosion of social security, betrayal of the environment, continuation of the Bush tax cuts, perpetuation of corporate loopholes, et cetera ad infinitem! Obama might take a lesson from Ronald Reagan, who raised the deficit several times during his presidency.  Up against it on several occasions, the Great Communicator would take his case to the American people.  And he always won.

Mr. President, call the Tea Party bluff.  No deficit agreement?  So be it! We’ll get through, but the Tea Party won’t.

Mr. President, if nothing else, exercise your Constitution option.  Raise the deficit!  Pay the bills!

We don’t need a Chamberlain buying peace for now, mindless of tomorrow. You don’t betray the American people to placate the opposition.

You want to be liked?  I tell you this: Keep your promises and to paraphrase Carole King, “they’ll come running.”

Deja Vue

Tara Haigh
Consider the striking parallels between two mothers, Tara Haigh and Casey Anthony, accused of murdering their own children.  The parallels are so striking that I’m dumbfounded the press didn’t pick-up on them in their massive coverage of the recent Anthony trial.  It just shows how media indulges in what sells, before moving on.  
 
 
1.   In 2008, the same year Anthony was arrested on suspicion of doing harm to her missing two-year old daughter, Caylee, over in England Tara Haigh was found guilty of murdering her three-year old son, Billie.
 
 
2.   In each case, the alleged motif was killing to remove an impediment to having the good life.  Within days of Anthony’s mother reporting Caylee missing to police, Anthony was busy pursuing the social scene, even participating in a hot shirt contest. Similarly, Haigh kept herself occupied responding to on-line messages from men on the site Girls Date Free within hours after Billie’s death. 
 
3.  In both cases, computers were seized and searched for evidence.  Anthony lucked-out.  She had a mother taking the hit .
 
4.  Lying was central in both cases.  Haigh told police Billie had suddenly stopped breathing.  She posted a website message to one man that her boy had died from a tumor behind his ear.  Anthony, of course, claimed Caylee had died accidentally in the family pool and that she panicked and hid the body in the woods with the help of the child’s father.  While the Anthony jury chose to acquit her on the murder count because it lacked specific evidence, she was convicted of four counts of lying to investigating police.  Given credit for serving three years and good conduct in jail while waiting trial, she has been released a year early and is now challenging the lying conviction.
 
 
5.  What separates the cases is that British police had a body to work with.  Medical examiners concluded Billie had been strangled.  Caylee, on the other hand, had been buried hurriedly in the nearby woods six months previously.  Her decomposed body revealed duct tape had been placed over her mouth and nose.  Chloroform residue was found in the car trunk.
 
 
6.  Haigh, though found guilty, was sentenced to a ten year minimal sentence, perhaps out of sympathy because of her 74 IQ and history of depression.  Anthony is now free to pursue rumored TV talk show, movie, and book overtures. As I write, ABC News has reported it paid $200,000 to the Anthony family for exclusive video and photo rights in 2008. There are, of course, some in the media who consider the current social network rage as a “lynch mob mentality.”  (See my recent post on the psychological dynamics behind the sympathy.)
 
It’s been said that the greatest sadness is to outlive one’s child.  Regardless of the question of guilt or innocence, in these cases, we have mothers up-ending this widely held belief.
 
 
 
 

The deluded

I find it baffling there are people donating money to the recently acquitted Casey Anthony.  She’s even gotten a marriage proposal.  After all, while Anthony will be whisked away to a secure hiding place in the wee hours of Sunday morning, it isn’t as though the jury believed her innocent of killing Caylee.  It’s simply they lacked the hard evidence. 

Two days ago, legendary baseball pitcher Roger Clemens escaped a possible jail term for allegedly lying to Congress concerning use of steroids.  In a surprising turn of events, the judge ruled a mistrial because of prosecution miscues.  Outside, fans huddled around him, wanting autographs.  Some gave hugs.  In Twitter, he has a surprising number of supporters who just can’t bring themselves to believe the Rocket has done anything amiss.

In Italy, Amanda Knox is appealing her murder conviction of her roommate.  There’s a good chance she’ll walk free as well.  I can’t judge her guilt.  It’s just that neither can her fans, but that didn’t stop them from holding a rally for her back in her home town of Seattle.

I guess I shouldn’t be surprised.  Back in 2002, there was Scott Peterson of Modesto, CA, who was found guilty of murdering his wife and unborn child while having an affair.  He’s been sitting on death row since 2005.  It hasn’t stopped him from enjoying an active correspondence with female well-wishers.

Of all things, even the notorious Charles Manson has enjoyed an epistolary harem of  female devotees. 

So what gives?

These people might ask, If I exercise kindness because it makes me feel good, am I any different from the criminal who kills for the same reason?

I’m aware of the power of groups, public opinion, and entrenched cultural mores to influence what we think and do.  This tendency may well be evolutionary, haling back to pre-history when we needed the tribe to enhance our surviving.  Weighed down by external pressures, many people live unhappy lives simply because they aren’t in touch with who they really are.  They don’t live authentic lives and, in the end, they pay the bill.  Perhaps we should admire this minority for standing tall and defying group-think.

Excuse me, I won’t go there.  Are these aficionados outside the mainstream more insightful than you and me; more courageous as well?  I contend they also need the group, but find the chance for greater solidarity, and for personal attention, in the sub, or defiant, group.  I saw the same tendency when I was a social worker dealing with troubled youth.  Almost always, they had problems with reading in their home schools and diminished self-esteem.  To cope, they found each other.

Some of us find taking the uncrowded path an easier way to garnish our need to validate ourselves.  When I was a child I played a very cunning game of getting attention by taking the contrary opinion.  If you called it “white,” I’d call it “black.”  I hope like the dickins I’ve grown out of it.  In college I was the terrorist in the classroom.

Cults are built on recruiting the disenfranchised, or those who think they’ve not been allowed to sit at the table.  Revolutions derive from resentment.

Can altruism sometimes be pathological?  I’m beginning to think so.  Studies exist indicating there are people who think wrong doing is rooted in bad upbringing or poverty.  Lavish love and you can right the wrongs and redeem a life.  Often sensitive and perhaps deprived of a happy childhood, they have a need to love those they perceive as victims.  Romantics, the true arbiters of social ferment, can walk perilously close to the edge here.   Likewise, co-dependency can also foster misuse of affection.  Love becomes an instrument of control.

I find myself wanting to say a lot more about the social phenomena of good will towards society’s miscreants; indeed, in some instances, cold-blooded murderers often masquerading as victims.  But let me end with a fascinating study focusing on the traits of gentiles who risked their safety to rescue Jews in the time of Hitler.  In his riveting book, When Light Pierced the Darkness (1986), Nechama Tec defines six characteristics shared by these rescuers:  

1.  Individuality or separateness, an inability to blend into their social environments. [See my earlier comments.]

2.  Independence or self-reliance, a willingness to act in accordance with personal convictions, regardless of how these are viewed by others.

3.  An enduring commitment to stand up for the helpless and needy reflected in a long history of doing good deeds.  

4.  A tendency to perceive aid to Jews in a matter-of-fact, unassuming way, as neither heroic nor extraordinary.  

5. An unplanned, unpremeditated beginning of Jewish rescue, a beginning that happened gradually or suddenly, even impulsively.  

6.  Universal perceptions of Jews that defined them, not as Jews, but as helpless beings and as totally dependent on the protection of others.

The altruistic, in other words, can take on a certain nobilty in courageously rescuing the needy and the victimized.  Not so when their recipients are themselves the victimizers.

 
 
 

Getting away with murder

Last week’s decision in the Casey Anthony trial has to be the worst since the OJ verdict back in ’96.  Some would say it was even worse, since there weren’t the pressures of celebrity, money and “the race card” defense with its famous charge to the jury to send a message.

What happened?

In looking at the case, supporters of the jury decision argue it had its hands full in a capital case where the caution of reasonable doubt has to apply.  Evidence was emotional and circumstantial at best. While Casey Anthony was proven to be a liar repeatedly, nobody could find the smoking gun.  I disagree.

I find it incredulous you lose your little girl in an alleged pool drowning, lie about her whereabouts and don’t call the police.  You put duct tape over her nose and mouth, thrust her body into a plastic bag and dump her in the woods.  Saying you panicked just doesn’t cut the mustard.

Do you go out partying, taking part in a Hot Body contest just after?

Then there’s that tattoo she got with its Bella Vida (“the beautiful life”).  Jury, you were looking for motive?
According to the medical examiner, though the body was so severely decomposed that it was impossible to detect the specific means of death, it was murder.  Ninety-nine percent of the time, parents who lose a child to an accident immediately contact the police.

For a month, Casey Anthony invented one scenario after another to account for her missing daughter.  Only when ultimately confronted by her mother did she acknowledge Caylee’s death.  It was Mom who called police.

The part that makes me reel with disgust and the closest to something strongly indicative of intent were the chloroform searches on the computer Anthony shared with her parents.  They should have led to a conviction, since the prosecution systematically tore apart defense arguments.

Anthony’s mother took the hit on this, claiming she did the searches, starting with “chlorophyll” in an attempt to discover if her little dog’s eating bamboo was causing him to get sick.  A computer forensics expert, however, testified that the search history, though deleted, had been recovered.  It showed a search for chloroform 84 times.  There was also the occurrence of “neck-breaking” and “household weapons.”  The mother claimed “neck-breaking” was a pop-up.  The forensics expert, however, said it had been deliberately searched.  No search was indicated for “chlorophyll.” Subsequent work records show the mother couldn’t have made the searches, since she was logged into a company computer at the time.

In short, we have perjury.  But it won the day.

A second piece to the puzzle was the finding of high levels of chloroform in the trunk of the Anthony car, indicating decomposition.  The defense countered that it came from a bag of decomposing garbage kept too long in the trunk.  One expert witness testified that the trunk had “the odor of death.”  The judge allowed it as evidence.

Just after the verdict, the chief defense attorney rebuked the media for trying his client in the press.  I find this ironic as he resorted to insinuation to mollify Anthony’s conduct.  Her father and brother had sexually molested her.  He gave no evidence.  He suggested the individual finding Caylee’s body was trying to cash in.  No evidence.  His remarks shouldn’t have been permitted by the judge.  Tellingly, he omitted these claims in his closing statement before the jury.

I’ve never been fond of lawyers, regarding them as a sometimes necessary evil.  Everyone’s entitled to a fair defense, but sometimes lawyers resort to the bottom of the garbage can to get a client off despite a heinous crime and overwhelming evidence.

In this case, legal chicanery prevailed as it did in the OJ debacle.  Though found guilty of four misdemeanors for giving false information to the police, Anthony was acquitted of murder.  Credited with time served while awaiting trial, she’ll be free late next week.

Even if you disagree with my previous arguments, had Casey Anthony been tried at the Federal level, things would have turned out differently.  Providing false information to police is considered obstruction of justice and carries a 5-year maximum on each count.  Moreover, judges can sentence according to the preponderance of evidence, even in a jury acquittal. At the Federal level we’d be talking of up to 20-years.

At the state level, it behooves us to press our legislatures to make non-reporting of a missing child a felony.  Had it been done in Florida, Anthony’s home state, she’d not be out on the streets next week, ready to sign movie and book contracts.

Can it happen again?

 
We’re now coming up on the 10th anniversary of the tragic events of 9/11.  Yet in that interval, very little has changed.  We’ve little control of our borders and we remain lethargic in implementing monitoring of overstays.  Given our recent history of home-grown terrorists, we’re likewise negligent in screening applicants for immigration.
For example, just recently we’ve learned that the immigrant hotel maid accusing International Monetary Fund president Dominique Strauss-Kahn of attempted rape may be implicated in a web of lies.  She’s now admitted to lying on her application for refugee status, claiming she was ganged raped.  In a recorded conversation with her boyfriend in an Arizona jail two days after her accusations, she commented, “This person is rich and there’s money to be made.”  It’s also reported she’s stashed money in several banks, some of it drug dealer money and given false information to the government on her taxes. http://www.cnn.com/2011/CRIME/07/02/new.york.dsk/
Hey, how does someone like this, a rogue liar, not get checked out before being granted asylum?  Strauss-Kahn, however, was compelled to resign as head of the International Monetary Fund and has possibly lost a chance to become France’s next President.
Two weeks ago here in KY, the FBI took into custody two Iraqis who had also been granted refugee status.  They had been caught in a sting, trying to provide material support to al Qaeda in Iraq.  One of them bragged that he had employed IEDs against Americans in Iraq.
While we hear much about illegals flooding across the Mexican border, the truth is their numbers are dwarfed by those who simply overstay their visas.  Of the estimated 12 million illegals in the U. S., half of them have done so.  Fact is, it’s now the favored method of sneaking-in.  It sure beats swimming a river, squeezing through a tunnel, or paying a ”coyote,” only to be abandoned in the Arizona desert with the border patrol at your heels.
Unfortunately, the Congress and the Naturalization and Immigration Service have made jumping the queue enticingly easy.  Once foreigners are in our country the INS lacks any mechanism to check on where they are or if they’ve left.  As Mark Krikorian of the Center for Immigration Studies in Washington has put it, “We certainly don’t know who they are or where they are.”   http://www.csmonitor.com/2002/0205/p01s03-usju.html
The danger this leads to in staging an attack on the homeland is obvious.  The events of 9/11 were perpetrated by 19 terrorists, all of them granted visas.  Four of them took flight lessons in the U. S., three of them lacking proper visas for doing so.  Two of them had overstayed their visas.
According to the 9/11 Commission, all 19 used driver’s licenses for ID purposes to avoid showing their passports and possibly raising suspicion.  Licenses were procured from VA (7), FL (13), CA (2).  And yet we have advocates of granting driver’s licenses to illegals like 2008 presidential candidate Hillary Clinton, arguing we need to ”bring these people out of the shadows.”  Sounds like political pandering to me.
As early as 1996, Congress actually passed a law requiring the INS employ a “rigorous” system to track foreigners entering and leaving the U. S.  Congress, however, delayed its implementation due to protests from border towns, complaining it would interfere with commerce.  Under its provisions, it would call for a swipeable ID card to record entering and leaving the U. S.
Again, the situation isn’t as simple as it sounds.  In any given year, some 30 million visas are issued.  Just recently, the Government  Accounting Office indicated a backlog of 1.6 million overstayed visas, leading Sen. Joe Lieberman, Chair of the Senate Homeland Security Committee, to comment,  “It is simply unacceptable that we are still systematically unable to identify people who overstay—some of whom may be terrorists . . . .”

The resources, however, needed to capture a relative few are enormously cost prohibitive and unlikely to secure approval in a down economy and a Congress embroiled in a heated budget debate.  At best, the Homeland Security Department has settled to prioritize the more egregious cases.  http://www.globalvisas.com/news/us_struggles_with_backlog_of_overstayers3067.html

If we’re derelict in monitoring overstays, we’re far too lenient in screening would-be immigrants. Consider a few instances supplementing those I mentioned at the outset with regard to the Strauss-Kahn accuser and the two Iraqis picked-up in KY:

Faisal Shahzad, a naturalized citizen, who attempted a car bombing in Times Square in May 2010.
The Lackawanna Six involving six Yemeni-Americans in 2001, who confessed to providing support to al Qaeda interests in Afghanistan.  Some had participated in al Qaeda training camps.
The Fort Dix Plot, involving six foreign born Muslims, four of whom were illegal immigrants.  In 2007 they had plotted to kill soldiers at the army base.
Mohammed Osmud Mohamud, who in November 2010 attempted to ignite a car bomb during a Christmas tree lighting tree ceremony.
I’m aware we have our own American terrorists who represent the extremes of the ideological perspective, Left and Right, but I’m dealing here with lapses in security in the context of immigration and visa monitoring. 

In my view, it’s more productive to pursue intelligence gathering as a preventive to domestic terrorism, whether by foreigners or Americans.  Under the Patriot Act, provision has been made to allow greater surveillance.  Unfortunately, the Patriot Act has been increasingly under attack by liberals who see it as an infringement on civil liberties, or invasion of privacy rights.  The ACLU is adamantly opposed to some of its provisions, recently renewed for the next four years, and they have a point in that one of its provisions allows for the government to seize the personal records of any American without concrete evidence of conspiracy.  http://www.huffingtonpost.com/sarah-berlin/patriot-act-government-secrecy_b_888185.html

Still, since 2001 no attack on our homeland has occurred, and thus the threat has receded for many, a telling irony to the Patriot Act’s success in preempting another attack on the homeland.

Again, we need to beef up our borders as well, since they provide a funnel into the   U. S. for terrorists.  Proposals such as Amnesty and the Dream Act are misguided, since they serve as incentives when there should be deterrents.

Unless we’re more scrupulous in handling visas, controlling our borders and screening immigrants, we will surely increase the likelihood of another 9/11, though the targets may change:  perhaps a train, a shopping mall, a crowded stadium of unsuspecting fans watching a World Series or Super Bowl.

As Thomas Jefferson, one of my heroes, famously said, “Eternal vigilance is the price of liberty.”