Is Obama The New Nixon?

1 03 2013

 By Timothy D. Naegele[1]

Barack Obama said recently:

I am not a dictator.[2]

For many Americans who detest him totally—at the very least—this statement is all too reminiscent of Richard M. Nixon’s famous words:

I’m not a crook.[3]

The parallels are emerging rapidly; and Obama may suffer a similar fate.

Both had serious psychological issues: in the case of Obama, stemming from the fact that he grew up in Hawaii and Indonesia without his natural father; and his mother shipped him off to live with her parents in Honolulu, at a very young age, where he remained until he left to attend college on the American mainland.[4]

He is a Narcissist and a demagogue; and his reelection in 2012 merely elevated and reinforced these qualities in him.  Indeed, he has come to believe that he is invincible, politically; and he has set about to change America, much like Nixon did after his landslide reelection victory in 1972.

In an earlier article about Obama, I asked:

In the final analysis, will he be viewed as a fad and a feckless naïf, and a tragic Shakespearean figure who is forgotten and consigned to the dustheap of history?  Will his naïveté have been matched by his overarching narcissism, and will he be considered more starry-eyed and “dangerous” than Jimmy Carter?  Will his presidency be considered a sad watershed in history?  Or will he succeed and prove his detractors wrong, and be viewed as the “anointed one” and a true political “messiah”?  Even Abraham Lincoln was never accorded such accolades, much less during his lifetime.  And Barack Obama’s core beliefs are light years away from those of Ronald Reagan.[5]

Has Obama reached the apex of his presidency; and will his fall from grace, high atop “Mount Olympus,” be devastating for the United States and the American people?  Only time will tell.

© 2013, Timothy D. Naegele


[1] Timothy D. Naegele was counsel to the United States Senate’s Committee on Banking, Housing, and Urban Affairs, and chief of staff to Presidential Medal of Freedom and Congressional Gold Medal recipient and former U.S. Senator Edward W. Brooke (R-Mass).  He practices law in Washington, D.C. and Los Angeles with his firm, Timothy D. Naegele & Associates, which specializes in Banking and Financial Institutions Law, Internet Law, Litigation and other matters (see www.naegele.com and http://www.naegele.com/naegele_resume.html).  He has an undergraduate degree in economics from UCLA, as well as two law degrees from the School of Law (Boalt Hall), University of California, Berkeley, and from Georgetown University.  He is a member of the District of Columbia and California bars.  He served as a Captain in the U.S. Army, assigned to the Defense Intelligence Agency at the Pentagon, where he received the Joint Service Commendation Medal.  Mr. Naegele is an Independent politically; and he is listed in Who’s Who in America, Who’s Who in American Law, and Who’s Who in Finance and Business. He has written extensively over the years (see, e.g.,www.naegele.com/whats_new.html#articles), and can be contacted directly at tdnaegele.associates@gmail.com; see also Google search:Timothy D. Naegele

[2] See http://www.realclearpolitics.com/video/2013/03/01/obama_i_am_not_a_dictator_im_the_president.html

[3] See, e.g.http://www.youtube.com/watch?v=sh163n1lJ4M

[4] See http://naegeleblog.wordpress.com/2009/12/05/is-barack-obama-a-racist/

On most issues, I was politically in tune with former Senator Edward W. Brooke, for whom I worked; I am not with Barack Obama at all.

See, e.g.http://naegeleblog.wordpress.com/2010/12/03/barack-obama-is-a-lame-duck-president-who-will-not-be-reelected/ (see also the footnotes and comments beneath the article)

[5] See http://naegeleblog.wordpress.com/2009/12/05/is-barack-obama-a-racist/





The United States Department of Injustice

21 03 2012

 By Timothy D. Naegele[1]

The truth has begun to come out about the federal prosecution of former United States Senator Ted Stevens of Alaska. In an article entitled, “Inquiry slams prosecution of Stevens corruption case by Justice Department,” the Washington Times reported:

Justice Department prosecutors bungled the investigation and prosecution of Sen. Ted Stevens, a probe that was permeated by the “systematic concealment of significant exculpatory evidence,” in some instances intentionally, that would have independently corroborated his defense and testimony, a court-ordered report released Thursday says.

In a blistering 514-page report, Special Counsel Henry F. Schuelke III said Justice Department prosecutors never conducted a comprehensive review of evidence favorable to the Alaska Republican and failed to disclose to defense attorneys notes of witness interviews containing significant information.

The report also says two federal prosecutors intentionally withheld and concealed significant information from the Stevens defense team that would have seriously damaged the testimony and credibility of the government’s key witness.

Months after a jury convicted Stevens in October 2008 of accepting and concealing money for home renovations and other gifts, the report says, a new team of prosecutors discovered, in short order, that some of the exculpatory information had been withheld. At that point, it says, the Justice Department moved to set aside the verdict and dismiss an indictment with prejudice.

New prosecutors were assigned after U.S. District Judge Emmet G. Sullivan, in a stunning rebuke, held two prosecutors in contempt for failing to comply with the court’s order to disclose information to Stevens‘ attorneys and to the court regarding allegations of prosecutorial misconduct, which were made after trial by an FBI agent who worked on the case.

In throwing out the case against Stevens, Judge Sullivan said, “For nearly 25 years, I’ve told defendants appearing before me that in my courtroom they will receive a fair trial and I will make sure of it. In nearly 25 years on the bench, I have never seen anything approaching the mishandling and the misconduct I have seen in this case.”

. . .

The Schuelke investigation lasted two years and involved the examination and analysis of more than 128,000 pages of documents, including the trial record, prosecutors’ and agents’ emails, FBI reports and handwritten notes, and depositions of prosecutors, agents and others.

. . .

Since the Stevens case was dismissed, [Justice Department spokeswoman Laura Sweeney] said, the department has instituted a “sweeping training curriculum for all federal prosecutors and has taken “unprecedented steps” to ensure that prosecutors, agents and paralegals have the necessary training and resources to properly fulfill their discovery and ethics obligations.

“Justice is served only when all parties adhere to the rules and case law that govern our criminal justice system,” she said. “While the department meets its discovery obligations in nearly all cases, even one failure is one too many.

“But it would be an injustice of a different kind for the thousands of men and women who spend their lives fighting to uphold the law and keep our communities safe to be tainted by the misguided notion that instances of intentional prosecutorial misconduct are anything but rare occurrences,” she said.

Kenneth L. Wainstein, counsel for Alaska federal prosecutor Joe Bottini, said the nation’s criminal justice system is based on principles of fairness and due process and the fundamental requirement that criminal accusations should be leveled only when a person intentionally violates the law and not when one simply makes mistakes.

. . .

The Schuelke report does not recommend that any criminal charges be brought, but blames prosecutors for intentionally withholding and concealing evidence.[2]

It is another travesty and miscarriage of justice that the wrongdoers within the so-called “Justice Department” have not been subjected to criminal prosecution, convicted, and sent to prisons—where true justice will be meted out—instead of getting “slaps on the wrist” for their criminal conduct.

While Judge Sullivan’s words and actions have been commendable, the Stevens case is not an isolated incident of the Criminal Division’s wrongdoing. Tragically, adequate resources do not exist to ferret out the depth of the Criminal Division’s wrongdoing, or to bring its corrupt lawyers and others—such as FBI agents—to justice.

At best, Sweeney’s comments constitute lies, obfuscation and a perpetuation of the Criminal Division’s cover-up of the systemic corruption within its ranks. The same thing is true of Wainstein’s comments.

As I have written:

[A]buse of our criminal justice system by prosecutors is “unreal” today. According to one civil trial attorney with years of experience, it is akin to “KGB material”—as rogue prosecutors go after innocent people and try to convict and imprison them.

. . .

“[L]awyers who are prosecutors are often less interested in fairness and justice than they are in winning at all costs, and exercising their raw power and hurting others in the process—such as those who are innocent but are convicted anyway.”

. . .

And I added:

“A federal official with reason to know told me that between 15-20 percent of the indictees in federal courts are probably innocent. Some are seniors who have been charged with cheating the Social Security program, and they are scared to death, so they agree to plea bargains rather than fight for their innocence.”

Anyone who honestly thinks that prosecutors are advocates of truth and justice is living in a “Mary Poppins,” fantasy world, and knows nothing about how our legal system really operates. The truth about this system is not found by watching TV shows or films. Indeed, it is seldom if ever discussed or written about, yet it is often said—by lawyers—that the only thing separating prosecutors from guilty criminals is the “badge.”

Lastly, how many innocent people have been wrongly executed for crimes they did not commit? Even more startling may be the number of innocent people who have been wrongly convicted and imprisoned. Perhaps the best remedy for such abuses is to have the “guilty” prosecutors incarcerated; and let justice be meted out with respect to them, by those in prisons.[3][4]

In a long-overdue editorial entitled, “Department of Injustice”—and subtitled, “Prosecutors in the Stevens case deserve severe sanctions”—the Wall Street Journal added:

Something is very rotten at the U.S. Department of Justice. No other reasonable conclusion can be drawn from an independent report on the 2008 prosecution of then-Senator Ted Stevens.

. . .

Most damaging to Justice’s credibility is that, three years after Judge Sullivan set aside the guilty verdicts against Stevens, the department still hasn’t disciplined the men and women involved. Nor has it instituted harsher penalties for future abuses. Attorney General Eric Holder told a Senate committee last week that a separate internal inquiry at Justice is almost done, but he would not promise to make all the results public.

Speaking of public scrutiny, you’ve probably never heard of Matthew Friedrich, Rita Glavin, Brenda Morris, Joseph Bottini, James Goeke or Edward Sullivan. But maybe more people should know them, and learn the various roles they played in a prosecution that not only trampled on the rights of the accused, but denied the people of Alaska a fair election and literally shifted the balance of power in the U.S. government.

. . .

Guilty verdicts against the Republican Stevens arrived less than two weeks before Election Day in 2008, causing the previously popular Senator to lose a close race to Democrat Mark Begich. Mr. Begich would go on to provide the 60th Senate vote to pass ObamaCare in 2009.

Virtually the entire case against Ted Stevens hinged on the testimony of the government’s star witness, VECO Corporation CEO William Allen. To protect his credibility, prosecutors withheld from the defense evidence that he had suborned perjury in a separate criminal investigation. Nor did prosecutors say a word in court when, according to the report, Mr. Allen offered testimony that the prosecution knew to be false.

The government’s seven-count indictment for false statements accused Stevens of accepting free home renovations from Mr. Allen’s company and then not reporting these gifts on federal disclosure forms.

Mr. Stevens and his wife said they had paid $160,000 for the renovations and as far as they knew that was the total cost of the work. What the prosecutors learned in interviewing witnesses—but never shared with the defense—is that even the foreman on the job site shared the Stevens’ understanding that they had been appropriately billed for all the work. Instead of sharing this evidence supporting Stevens’s defense, prosecutors selectively quoted the foreman to make it appear as if he had said the opposite, and they used his comments to falsely attack Stevens.

. . .

It would be nice to think these abuses were rare lapses. But we wonder what else we might learn if every DOJ prosecution was subjected to a review like the one Judge Sullivan wisely demanded.

. . .

Americans hand prosecutors an awesome power—the power to destroy fortunes and futures, and in this case to reallocate national political power. We are seeing a pattern of abuse of this power, in order to win big cases. To help prosecutors remember that their job is to do justice and not simply to beat the defense team, there should be automatic and severe penalties for Brady violations. Prosecutors could also be required to turn over more raw data with potentially exculpatory evidence, except in cases where it threatens national security or endangers witnesses in a criminal case.

Mr. Holder claims to have addressed the problems in the Stevens case by expanding training programs and the like. But as the nation’s chief law enforcer, he should know that harsh punishment is the appropriate response when anyone violates the rights of a citizen as badly as prosecutors did in the Stevens case.[5]

Why should anyone be the least bit surprised that the Justice Department’s Criminal Division is corrupt?  Like the fish rots from the head down, the Criminal Division does as well. Anyone who differs with this conclusion has never dealt with the Division, its lawyers, or their injustices.

© 2012, Timothy D. Naegele


[1] Timothy D. Naegele was counsel to the United States Senate’s Committee on Banking, Housing, and Urban Affairs, and chief of staff to Presidential Medal of Freedom and Congressional Gold Medal recipient and former U.S. Senator Edward W. Brooke (R-Mass).  He practices law in Washington, D.C. and Los Angeles with his firm, Timothy D. Naegele & Associates, which specializes in Banking and Financial Institutions Law, Internet Law, Litigation and other matters (see www.naegele.com and http://www.naegele.com/naegele_resume.html).  He has an undergraduate degree in economics from UCLA, as well as two law degrees from the School of Law (Boalt Hall), University of California, Berkeley, and from Georgetown University.  He is a member of the District of Columbia and California bars.  He served as a Captain in the U.S. Army, assigned to the Defense Intelligence Agency at the Pentagon, where he received the Joint Service Commendation Medal.  Mr. Naegele is an Independent politically; and he is listed in Who’s Who in America, Who’s Who in American Law, and Who’s Who in Finance and Business. He has written extensively over the years (see, e.g.,www.naegele.com/whats_new.html#articles), and can be contacted directly at tdnaegele.associates@gmail.com; see also Google search:Timothy D. Naegele

[2] See http://www.washingtontimes.com/news/2012/mar/15/inquiry-slams-prosecution-stevens-case-justice-dep

[3] See also http://www.usatoday.com/news/washington/story/2012-02-06/ted-stevens-prosecutors-justice-department/52922922/1 (“Taxpayers pay to defend prosecutors in Ted Stevens case“)

[4] See https://naegeleblog.wordpress.com/2011/01/03/the-american-legal-system-is-broken-can-it-be-fixed/#comment-1700 (emphasis in original)

[5] See http://online.wsj.com/article/SB10001424052702304459804577283371409080312.html?grcc=b0ae03d96c2400ec757f4df24c4ff8bcZ0&mod=WSJ_hpp_sections_opinion (emphasis added); see also http://blogs.wsj.com/law/2012/03/15/law-blog-doc-dump-ted-stevens-investigative-report/





The Madness Of Benjamin Netanyahu

8 03 2012

 By Timothy D. Naegele[1]

The recent sober assessment of Arnaud de Borchgrave—the distinguished editor-at-large of The Washington Times and of United Press International—is worth reading and reflecting on:

U.S. three-star generals and admirals, Defense Intelligence Agency and CIA sources, along with three former CENTCOM commanders and the three former chiefs of Israeli intelligence services who retired last year—a formidable array of military and civilian experts who share impressive expertise on the Middle East—are all waving a red flag against unilateral Israeli or bilateral U.S.-Israeli bombing of Iran’s nuclear installations.

They can see such actions triggering a wider conflict spreading to the entire Middle East and the rest of the Arab world.

. . .

A three-star with much recent experience in the Middle East says an Israeli strike could move the entire region in the wrong direction.

Iran can close the Strait of Hormuz, not just for a few hours, as the Israelis say, but long enough to drive oil prices into the stratosphere. An admiral with years of experience in the region at different times of his career said privately Iran can sow thousands of mines in an area that handles one-fifth of the world’s daily oil requirements. They are below the surface and can be detonated by remote control as a warship sails over them. Iran’s shore line, which covers the entire eastern side of the Persian Gulf, is pock-marked with concealed missile sites.

The Iranians would also use hundreds of small boats in a swarming configuration that U.S. warships are prepared to cope with—but one or two are bound to get through a curtain of fire and punch a hole in the hull of a U.S. or NATO minesweeper.

Such a small boat in Aden harbor in October 2000 punctured the hull of the USS Cole, a $1 billion Arleigh Burke class destroyer, killing 17 sailors, and putting the warship out of service for 18 months with a $220 million repair bill. Cost of the operation to al-Qaida: $10,000 plus three volunteer suicide bombers.

The response of Israeli naysayers is that such tactics would hurt Iran far more than any of its intended targets. U.S. generals and admirals respond that the Iranian leadership wouldn’t be averse to cutting off its nose to spite its face.

The Iranians can also absorb temporary belt-tightening far more readily than Western Europeans. And with gas at the pump suddenly selling at $10 to $15 a gallon, U.S. President Barack Obama’s updated resume wouldn’t look too appealing at the ballot box in November.

. . .

U.S. Navy 5th Fleet headquarters in Bahrain is vulnerable; two-thirds of its population is Shiite Muslim and rooting for Tehran in the current conflict.

. . .

Most Iran watchers in the intelligence community say that one Israeli or U.S. bomb on Iran would push Iran’s youthful protesters right into the arms of the government they despise.

. . .

More important than his meeting with Obama is Netanyahu’s speech to the annual AIPAC convention. The endorsement of the American Israel Public Affairs Committee, Washington’s most powerful lobby, is tantamount to solid congressional approval.[2]

By attacking Iran, Netanyahu and Israel will stir up a hornet’s nest in the Islamic world, and achieve little or nothing militarily. Israel does not have the means of destroying Iran’s nuclear capabilities; and it is likely that the mission would end in failure. Also, what Arnaud de Borchgrave neglected to mention in his fine article is that in the Middle East, in Europe and worldwide, Israelis and other innocent Jews can be targeted by Islamic fascists; and there is nothing that Israel or its Mossad can do to prevent it.

A “silent” holocaust might take place globally, which would be unstoppable.  There are 1.3–1.65 billion followers of Islam worldwide, while Iran’s total population is approximately 78 million; and there are 14–18 million Jews worldwide, of which 6 million live in Israel.[3]

It is the Narcissistic demagogue Netanyahu who must be stopped, before he triggers actions in the Middle East and elsewhere that might be truly catastrophic.  His goal is to provoke an American attack on Iran, which is outrageous, reprehensible, and similar to the pressures that were brought to bear before the United States invaded Iraq.  There are no limits to his arrogance, or the extremes to which he will go to provoke the American attack.  He and Iran’s Ahmadinejad and Russia’s Putin are “moral equivalents.”[4]

America is not Israel’s surrogate; the two countries are not tied at the hip; and Iran is not America’s fight.  The American people are bone-tired of fighting wars in the region, and want out.  And our valiant and heroic military forces have been stretched far enough.[5]

The New York Times has reported:

Thomas E. Donilon, Mr. Obama’s national security adviser, . . . spent two days [in Jerusalem] recently, along with a team of intelligence and defense officials, meeting with Mr. Netanyahu and his lieutenants. Both sides contended that the meetings were highly successful. The Israelis were told that the administration not only says it would use military force if sanctions against Iran failed, it is also doing the planning for it.[6]

Not a single drop of American blood should ever be spilled to protect or defend Israel, period.[7]  It is on its own, sink or swim.  It is a pariah state worldwide because of Netanyahu, who continually seeks to dictate and distort U.S. foreign and national security policies.  Barack Obama was right in reaching out to the Islamic world—and he must block all warmongering actions by Netanyahu.  An Israeli attack on Iran would undoubtedly draw fury from Islamic nations and the followers of Islam around the world.  America is not at war with Islam; and Netanyahu must not be allowed to provoke this.

On some level Obama views the Israelis as the oppressors, or the “enemy,” and the Palestinians as the oppressed—reflecting his deep-seated beliefs about Apartheid in South Africa, which he viewed as pure evil.  If one has any doubts, read his book, “Dreams from My Father.”[8]  Hence, there is no kinship whatsoever between Obama and Netanyahu; and it is not surprising that Obama would treat him with outright disdain and contempt.  Viewed in this context, one can understand what Obama is doing and why he is doing it.  To him, it is likely that Netanyahu personifies that oppression.

The following bears repeating:

[Netanyahu] was hated by former Israeli Prime Ministers Ariel Sharon and Yitzhak Rabin—and especially by Rabin’s wife Leah, who blamed Netanyahu for her husband’s assassination. She saw “only doom for the Israeli-Palestinian peace process” with Netanyahu at Israel’s helm; and her views were prescient.[9]

Perhaps most surprising—and disturbing—is that the Israeli people have not ousted Netanyahu before now, despite the warnings of Sharon, the Rabins and others.  One of my Jewish friends who follows Israeli politics closely is convinced that the problem lies in its fractured parliamentary democracy. Small splinter groups, such as Avigdor Lieberman’s Yisrael Beiteinu party, are allowed to dictate Israeli domestic and national security policies.

It is a case of the “tail wagging the dog,” and Netanyahu has skillfully maneuvered this political system to his benefit.  Indeed, there appears to be little likelihood of change, certainly before he marches his fellow Israelis—and potentially Jews worldwide—to the edge of an abyss, of unfathomable depths.

In advance of Obama’s meeting with Netanyahu, the Los Angeles Times reported:

Obama said he plans to tell Netanyahu that he will order military strikes against Iran’s nuclear program if the current international sanctions are not successful in deterring its pursuit of nuclear weapons.

. . .

“I think that the Israeli government recognizes that, as president of the United States, I don’t bluff,” Obama said. . . .[10]

This is absurd, and simply political theater.

Obama has cut and run from Iraq, like a dog with his tail between his legs.  He is in the process of doing the same thing in Afghanistan, and losing the Middle East to Islamic fascists.  And he is trying to “gut” our great nation’s military might.[11]  The idea that America’s “Hamlet on the Potomac”—and “Jimmy Carter-lite”—would all of a sudden reverse course and launch the United States into a potentially devastating war with Iran and the Islamic world is nonsensical.

He is a political actor, pure and simple, and not much more.  Any notion that he has “Israel’s back,” and will protect it, must be viewed in the context of how he has protected the Iraqis, the Afghans, and dissenters in both Iran and Syria—which is not at all.[12]

The path on which Netanyahu is leading the Israelis is fraught with peril for their tiny Jewish nation . . . and potentially for Jews worldwide.  He is determined to take the United States and the American people on the “joy ride” with him, which is utter madness.

© 2012, Timothy D. Naegele


[1] Timothy D. Naegele was counsel to the United States Senate’s Committee on Banking, Housing, and Urban Affairs, and chief of staff to Presidential Medal of Freedom and Congressional Gold Medal recipient and former U.S. Senator Edward W. Brooke (R-Mass).  He practices law in Washington, D.C. and Los Angeles with his firm, Timothy D. Naegele & Associates, which specializes in Banking and Financial Institutions Law, Internet Law, Litigation and other matters (see www.naegele.com and http://www.naegele.com/naegele_resume.html).  He has an undergraduate degree in economics from UCLA, as well as two law degrees from the School of Law (Boalt Hall), University of California, Berkeley, and from Georgetown University.  He is a member of the District of Columbia and California bars.  He served as a Captain in the U.S. Army, assigned to the Defense Intelligence Agency at the Pentagon, where he received the Joint Service Commendation Medal.  Mr. Naegele is an Independent politically; and he is listed in Who’s Who in America, Who’s Who in American Law, and Who’s Who in Finance and Business. He has written extensively over the years (see, e.g.,www.naegele.com/whats_new.html#articles), and can be contacted directly at tdnaegele.associates@gmail.com; see also Google search:Timothy D. Naegele

[2] See http://www.upi.com/Top_News/Analysis/de-Borchgrave/2012/03/01/Commentary-Geopolitical-maelstrom/UPI-88241330603862/ (“Geopolitical maelstrom”); see also http://naegeleblog.wordpress.com/2010/02/20/israels-senseless-killings-and-war-with-iran/#comment-1880” (“Is Netanyahu’s Next Irresponsible Adventure An Attack On Iran?”)

[3] See, e.g., http://en.wikipedia.org/wiki/Major_religious_groups” (“Wikipedia: Major religious groups”) and http://naegeleblog.wordpress.com/2010/02/20/israels-senseless-killings-and-war-with-iran/#comment-2002 (“New Attacks On Israelis Have Begun, Which May Spread To Other Jews Worldwide”)

[4] See, e.g., http://naegeleblog.wordpress.com/2010/02/09/russias-putin-is-a-killer/; see also http://www.telegraph.co.uk/news/worldnews/middleeast/israel/9125129/2012-is-not-1944-Netanyahu-invokes-Auschwitz-in-warning-to-Obama-over-Iran.html” (“’2012 is not 1944′: Netanyahu invokes Auschwitz in warning to Obama over Iran”)

[5] See, e.g., http://naegeleblog.wordpress.com/2010/02/20/israels-senseless-killings-and-war-with-iran/#comment-2027; see also http://www.nytimes.com/2012/03/06/opinion/iran-israel-and-the-united-states.html?_r=1” (“[T]here must be no illusions about what it would take to seriously damage Iran’s nuclear complex, the high costs and the limited returns”)

[6] See http://www.nytimes.com/2012/03/02/world/middleeast/for-obama-and-netanyahu-wariness-on-iran-will-dominate-talks.html” (“For Obama and Netanyahu, Wariness on Iran Will Dominate Talks”)

[7] Many Americans will never forget the Israeli attack on the USS Liberty.  As stated at a memorial to those who died and were injured:

On June 8, 1967, US Navy intelligence ship USS Liberty was suddenly and brutally attacked on the high seas in international waters by the air and naval forces of Israel. The Israeli forces attacked with full knowledge that this was an American ship and lied about it.

. . .

Thirty four Americans were killed in the attack and another 174 were wounded.

See www.gtr5.com

[8] See http://naegeleblog.wordpress.com/2009/12/05/is-barack-obama-a-racist/

[9] See http://naegeleblog.wordpress.com/2010/02/20/israels-senseless-killings-and-war-with-iran/

[10] See http://www.latimes.com/news/politics/la-pn-obama-interview-iran-20120302,0,7234351.story (“Obama on Iran: ‘I don’t bluff’”)

[11] See, e.g., http://naegeleblog.wordpress.com/2010/12/03/barack-obama-is-a-lame-duck-president-who-will-not-be-reelected/#comment-1959

[12] See http://naegeleblog.wordpress.com/2010/12/03/barack-obama-is-a-lame-duck-president-who-will-not-be-reelected/#comment-2028 and http://naegeleblog.wordpress.com/2010/12/03/barack-obama-is-a-lame-duck-president-who-will-not-be-reelected/#comment-1959 and http://naegeleblog.wordpress.com/2010/12/03/barack-obama-is-a-lame-duck-president-who-will-not-be-reelected/#comment-1883





Poverty In America

7 02 2012

 By Timothy D. Naegele[1]

Presidential candidate Mitt Romney made one of the dumbest and most insensitive comments that I have ever heard from an American politician since I became involved with politics:
You can choose where to focus.  You can focus on the rich; that’s not my focus.  You can focus on the very poor; that’s not my focus.  My focus is on middle-income Americans.

He went on to explain that “[w]e have a safety net for the poor.”  And “[i]f there are people that are falling through the cracks, I want to fix that.”[2]

However, the fact that America’s poorest citizens theoretically have access to food stamps, Medicaid and housing vouchers[3]—which Romney cited—does not constitute much of a “safety net” at all.  Some Americans, such as senior citizens, are too proud to accept any governmental assistance (other than Social Security and Medicare benefits) or handouts.  They have worked all of their lives; and to find themselves in poverty is embarrassing and deeply depressing.  They and others are often turned away or sanctioned by the government bureaucracy that can be brutal and cruel, especially to people who are truly in need.[4]

Those Americans who had moved into our “Middle Class” will lose their homes and everything else, which is happening already.  The idea that colleges and professional schools were guaranteed pathways to success will also evaporate.[5]  Our society and that of other countries will be upended.  And yes, there will be “class warfare,” which Barack Obama and his surrogates are fanning already.  Leave aside the fact that he will add more debt than all 43 prior presidents combined, demagoguery is in season and full swing.

When I worked in the U.S. Senate as a young lawyer with its Senate Banking Committee and later headed the Senate staff of Edward W. Brooke (R-Mass)—the first African-American in the Senate since Reconstruction following our Civil War, with Obama being the third—the senator and I met with Mitt’s father who was Secretary of Housing and Urban Development (1969-1973)[6], and I was very impressed with him.  At that time, I was working on the passage and implementation of the Housing and Urban Development Acts of 1969 and 1970, which included the “Brooke Amendment” relating to public housing; and the national “Housing Allowance” program, which morphed into the Section 8 housing program that has helped millions of Americans.  The senator, George Romney and I talked about these programs at length.

On behalf of Senator Brooke, I also established a summer program for disadvantaged kids in Massachusetts, in conjunction with the Pentagon, which involved underutilized military facilities within the state (e.g., the Boston Navy Yard, Otis Air Force Base) and served approximately 100,000 kids during its first year alone.  Indeed, the senator and I traveled to Massachusetts with then-Secretary of Defense Melvin R. Laird in his private plane to review the program and its progress.

In making my observations, I am not singling out Mitt Romney for condemnation.  I have believed in Mitt for a long time now, and will vote for him—in no small part because I share most of his positions with respect to the economy and national security issues.  However, lots of politicians and other successful Americans are “tone deaf” when it comes to the needs of the poor.  They do not relate to them at all, and they cannot understand them.  To be poor is a sign of failure in our success-oriented and driven society.  Our advertising touts beautiful bodies and fancy cars and materialistic dreams.  In no way are the poor glorified, much less given dignity.  Shame is heaped on them, which is wrong.

When I was graduating from grade school in Los Angeles, my mother came to the ceremony in a wheelchair, and I was mortified.  No other mothers were present like that.  She had suffered the convergence of two debilitating illnesses, which robbed her of her beauty and almost killed her.  By the time that I was entering high school, her right leg had been amputated, which stopped the onslaught of what she had gone through; and during the Vietnam War, she walked with an artificial leg and was named the “Woman of the Year” by the local chapter of the Red Cross—for her outstanding volunteer work.

What all of this taught me was that her faith in God had sustained her, and given her courage, hope, joy and great love.[7]  And that stigmas and discrimination attach, especially in Southern California, to those people who are physically or mentally “challenged” or handicapped, the poor, and to those who are not “beautiful.”  Hollywood has gone nationwide and worldwide since then, with a vengeance; and life-threatening illnesses and poverty are not part of the “American dream,” which has been embraced by people globally.  As the U.S. economy declines more between now and the end of this decade—which will happen to an even greater extent in countries around the world—poverty, human suffering, misery and anger will increase dramatically.[8]

The core issues will be how Americans adjust to their poverty and hopelessness, which will be just as rampant in this decade as during the Great Depression of the last century that did not end until the onset of World War II, at the earliest.  There are no easy solutions to losing one’s job, home, car and everything else.  As State governments scramble to avoid bankruptcy, programs that might have helped the poor will no longer exist.  For example, in California, State parks are being closed; and the nightly price for staying at those that remain open equals the cost of a cheap motel already.  Where will the poor stay, especially if they have no family members who can—or are willing to—take them in?  How will they afford food to eat, and find transportation to get from one place to another (e.g., looking for work)?  When inclement weather sets in, how will they survive?

The published numbers of “poor” do not begin to tell their tragic stories; and the human suffering will increase and become unfathomable during the balance of this decade, whether Romney is president or not.  Pure economics will dictate this; and there is nothing that can be done governmentally, by any politician.[9]  And yes, many of those poor will be “middle-income Americans” or those who had been members of our Middle Class.  They will be devastated; suicides and divorces will increase[10]; and families will be torn asunder.  Mitt Romney and the wealthy of the United States—which includes Obama and most members of Congress—need to wake up now, and begin to demonstrate real compassion.  The problem is that they have no earthly idea of what it is like to be poor.

In Greece today, parents are giving away their children because they cannot afford them.  Kids are being dumped in streets or abandoned at shelters with notes attached to them, saying that one or both parents are at wits’ end.[11]  Poverty breeds inhumanity on a scale that is unknown to most Americans; and it also breeds crime (including massive Internet fraud[12]), which will increase in the United States as money for law enforcement declines and as our prisons are overcrowded and prisoners are released.  Reality is crashing down with a thud like never before in our lifetimes.

As I wrote almost three years ago:

America and other nations are in uncharted waters; and their politicians may face backlashes from disillusioned and angry constituents that are unprecedented in modern times. Also, the limits of godless secularism and paying homage to the false gods of materialism may become self-evident.[13]

The chickens are coming home to roost, in spades; and the “good times” are ending for vast numbers of Americans and their counterparts around the world.

Others will remain rich, or attain great riches[14]; and I do not begrudge it to them at all.  I do not envy or covet what another has.  I have never done so.  My parents taught me that, by their own words and actions.  In my lifetime thus far, I have had lots of money, and none.  I have friends with many millions, and one with several billions; and others who have nothing.  I have treated them all the same—with love, respect, dignity and compassion.

I lived in a tent for months at a time—with water everywhere inside it, during the rainy season—because that was all I could afford.  I have had two cars repossessed, as well as a boat.  I have been evicted; and lost my dream house, as well as most of the possessions that were important to me, including priceless family items that had been handed down over generations.  When I was in law school, I had a pair of shoes resoled so many times that I was told it could not be done anymore; and I have struggled to make ends meet for food.

I do not wish any of this on others.  However, I realize that many Americans have experienced losses, pain and suffering that are far worse than I ever have; and this is true today of people abroad who are dying of wars, diseases and malnutrition, and are being forced into slavery and prostitution.[15]  I have great faith in God, the United States, all Americans[16], and people everywhere.  I believe we will survive like my mother did.  However, we will be tested like never before.

© 2012, Timothy D. Naegele


[1] Timothy D. Naegele was counsel to the United States Senate’s Committee on Banking, Housing, and Urban Affairs, and chief of staff to Presidential Medal of Freedom and Congressional Gold Medal recipient and former U.S. Senator Edward W. Brooke (R-Mass).  He practices law in Washington, D.C. and Los Angeles with his firm, Timothy D. Naegele & Associates, which specializes in Banking and Financial Institutions Law, Internet Law, Litigation and other matters (see www.naegele.com and http://www.naegele.com/naegele_resume.html).  He has an undergraduate degree in economics from UCLA, as well as two law degrees from the School of Law (Boalt Hall), University of California, Berkeley, and from Georgetown University.  He is a member of the District of Columbia and California bars.  He served as a Captain in the U.S. Army, assigned to the Defense Intelligence Agency at the Pentagon, where he received the Joint Service Commendation Medal.  Mr. Naegele is an Independent politically; and he is listed in Who’s Who in America, Who’s Who in American Law, and Who’s Who in Finance and Business. He has written extensively over the years (see, e.g.,www.naegele.com/whats_new.html#articles), and can be contacted directly at tdnaegele.associates@gmail.com; see also Google search:Timothy D. Naegele

[2] See http://edition.cnn.com/2012/02/02/politics/campaign-wrap/?hpt=hp_t1

[3] As discussed later in this article, “housing vouchers” are an outgrowth of the national “Housing Allowance” program that I crafted as a young attorney with the Senate Banking Committee—which was complementary to the “Brooke Amendment,” and morphed into the Section 8 housing program that has helped millions of Americans.

[4] As I have written:

[L]awyers who are prosecutors are often less interested in fairness and justice than they are in winning at all costs, and exercising their raw power and hurting others in the process—such as those who are innocent but are convicted anyway.

See http://naegeleblog.wordpress.com/2011/01/03/the-american-legal-system-is-broken-can-it-be-fixed/

And I added:

A federal official with reason to know told me that between 15-20 percent of the indictees in federal courts are probably innocent.  Some are seniors who have been charged with cheating the Social Security program, and they are scared to death, so they agree to plea bargains rather than fight for their innocence.

See id. at n.8.  This is truly frightening, and cruel.  Also, those who are engaged in prosecutorial misconduct are “sheltered” by the government, which is a travesty unto itself.  Aside from any civil remedies against them, such prosecutors should be prosecuted and disbarred.

See, e.g.http://www.usatoday.com/news/washington/story/2012-02-06/ted-stevens-prosecutors-justice-department/52922922/1 (“Taxpayers pay to defend prosecutors in Ted Stevens case”); see also http://naegeleblog.wordpress.com/2011/01/03/the-american-legal-system-is-broken-can-it-be-fixed/#comment-1700 (“Perhaps the best remedy for such abuses is to have the ‘guilty’ prosecutors incarcerated; and let justice be meted out with respect to them, by those in prisons”)

[5] See, e.g., http://naegeleblog.wordpress.com/2011/01/03/the-american-legal-system-is-broken-can-it-be-fixed/#comment-1977 (“Law School May Amount To The Worst Investment Of Her Life!”) and http://naegeleblog.wordpress.com/2011/07/29/are-colleges-dinosaurs/ (“Are Colleges Dinosaurs?”) (see also the footnotes and all other comments beneath the article)

[6]  See, e.g., http://en.wikipedia.org/wiki/George_W._Romney#Secretary_of_Housing_and_Urban_Development

[7] See, e.g.http://naegeleblog.wordpress.com/2010/05/12/what-and-where-is-god/ (“What And Where Is God?”) (see also the footnotes and comments beneath the article)

[8] See, e.g., http://naegeleblog.wordpress.com/2010/09/27/the-economic-tsunami-continues-its-relentless-and-unforgiving-advance-globally/#comment-1960 (“Global Economy Could Endure Disaster For a Week”) (see also the article itself, as well as the footnotes and all of the other comments beneath it)

[9] See, e.g., http://www.americanbanker.com/issues/173_212/-365185-1.html (“Greenspan’s Fingerprints All Over Enduring Mess”) and http://www.realclearpolitics.com/news/tms/politics/2009/Apr/08/euphoria_or_the_obama_depression_.html (“Euphoria or the Obama Depression?”); see also http://www.philstockworld.com/2009/10/11/greenspan’s-legacy-more-suffering-to-come/ (“Greenspan’s legacy: more suffering to come”)

[10] See https://naegeleblog.wordpress.com/2011/07/14/divorces/ (see also the footnotes and comments beneath the article)

[11] See, e.g., http://www.dailymail.co.uk/news/article-2085163/Children-dumped-streets-Greek-parents-afford-them.html (“Children ‘dumped in streets by Greek parents who can’t afford to look after them any more’”)

[12] See http://naegeleblog.wordpress.com/2010/01/31/lawyers-and-internet-scams/ (“Lawyers And Internet Scams”) (see also the footnotes and all of the comments beneath the article)

[13] See http://www.realclearpolitics.com/news/tms/politics/2009/Apr/08/euphoria_or_the_obama_depression_.html

[14] See, e.g., http://www.thedailybeast.com/galleries/2012/02/02/the-youngest-and-richest-people-in-america-from-mark-zuckerberg-to-sean-parker-photos.html (“The 10 Youngest Richest, From Sergey Brin to Mark Zuckerberg”)

[15] See http://naegeleblog.wordpress.com/2009/12/28/human-trafficking/ (“Human Trafficking”) (see also the footnotes and all of the comments beneath the article)

[16] See http://naegeleblog.wordpress.com/2010/02/26/america-a-rich-tapestry-of-life/ (“America: A Rich Tapestry Of Life”) (see also the footnotes and all of the comments beneath the article)





Is Financial Reform Simply Washington’s Latest Boondoggle?

23 04 2010

By Timothy D. Naegele[1]

When I arrived in Washington, D.C. after graduating from law school in California, I spent two years at the Pentagon working as an Army officer in intelligence and budgets.  It was a great experience, and I have the utmost respect for our military, which is the best of our government.  One lesson I learned was that if Congress was breathing down the Pentagon’s neck, the easiest way to deal with the issue was to “reorganize,” which would throw them off the track—and the “bloodhounds” would lose the scent.

Then I worked on Capitol Hill as a young attorney with the Senate Banking Committee, and realized that when there was a national policy issue that was “too hot to handle,” a presidential commission would be formed, not unlike reorganizations at the Pentagon.  Months and sometimes years would pass while people studied the issues ad nauseam; and in the interim, the monkey was off the politicians’ backs.  One of my first tasks on the Hill was to staff such a presidential commission.

Fast-forward to today, and no regulatory “overhaul” is going to make a tinker’s damn in preventing future economic crises or solving the present one.  By and large, the financial regulatory agencies (e.g., the Fed, the FDIC) do a fine job, often under very difficult circumstances.  There are career professionals who will keep doing their jobs, regardless of what Barack Obama or Congress propose or enact—which is high political theater and demagoguery, and not a whole lot more.

Recent reorganizations, such as in the intelligence community, have not produced better intelligence.  Similarly, changes to the financial regulatory structure will not prevent the economic meltdown that riveted the nation in 2008, and continues to this day.  It is a tsunami, and Man’s ability to stop or affect it is marginal at best.  Reorganizing the deck chairs on the Titanic, or closing the barn door after the horse is out, will never address future problems.  The flim-flam boys of Wall Street and other financial capitals will make sure of that.

Alan Greenspan unleashed the tsunami; and the words of Giulio Tremonti, Italy’s Minister of Economy and Finance, are true and cogent to this day:

Greenspan was considered a master.  Now we must ask ourselves whether he is not, after [Osama] bin Laden, the man who hurt America the most.[2]

No financial regulatory overhaul will prevent a Fed chairman like Greenspan, or some other government official from making mistakes that produce massive suffering domestically and globally.  Perhaps if Paul Volcker had been in charge of the Fed instead of Greenspan, the economic meltdown would have been avoided.  After all, Greenspan admitted in testimony before the House that he never saw the housing crisis coming.

Like the emperor with no clothes in Hans Christian Andersen’s fable, no one was willing to call Greenspan a buffoon who was over his head—until he had unleashed economic pain, the likes of which has not been seen since the Great Depression.  It will continue to the end of this decade, in all likelihood; and there is nothing that government can do to stem it.[3]

With respect to the existing financial regulatory agencies, it must be remembered that they and their affiliated agencies (e.g., the FSLIC, RTC) dealt effectively with the savings and loan crisis of the 1980s and 1990s.  In the process, almost 800 S&Ls failed, an enormous financial crisis was averted, and the ultimate cost to the taxpayers was less than expected.

Nonetheless, in 1999, Congress repealed the Glass–Steagall Act, which had controlled financial speculation since its enactment in 1933.[4] Under Glass–Steagall, there had been a separation between commercial banking and “investment banking”—or gambling by Wall Street.  Coupled with Greenspan’s mistakes and financial deregulation, which had been championed by him, a laissez faire attitude in Washington resulted in the massive problems of today.

Can greed on Wall Street and in other financial markets be stopped?  Never.  Can the SEC do a better job?  Can the existing financial regulatory agencies tighten up here and there, and do their jobs better with enhanced powers?  Sure, but the system is not perfect just as human beings are not perfect.  Utopia is not possible; and history repeats itself over and over again.  More government regulation will not prevent economic tsunamis and meltdowns from happening.  Anyone who says so might try to sell you a bridge in Brooklyn next—or ObamaCare.[5][6]

Yet, capitulation to political demogoguery and public anger is likely.[7] With the repeal of Glass–Steagall and financial deregulation, a blurring of the lines between commercial banking and investment banking took place; and now the chickens are coming home to roost.  The baby is in the process of being thrown out with the bath water; and the demogogues in Washington are strutting in full bloom.[8] A Wall Street Journal editorial states:

While the details matter a great deal, the essence of the exercise is to transfer more control over credit allocation and the financial industry to the federal government. The industry was heavily regulated before—not that it stopped the mania and panic—but if anything close to the current bills pass, the biggest banks will become the equivalent of utilities.

The irony is that this may, or may not, reduce the risk of future financial meltdowns and taxpayer bailouts.

. . .

As in health care, Democrats are intent on ramming this reform through Congress, and Republicans ought to summon the will to resist. Absent that, the only certain result is that Washington will be the new master of the financial universe.

Amen, and then some![9]

© 2010, Timothy D. Naegele


[1] Timothy D. Naegele was counsel to the U.S. Senate Banking Committee, and chief of staff to Presidential Medal of Freedom and Congressional Gold Medal recipient and former U.S. Senator Edward W. Brooke (R-Mass), the first black senator since Reconstruction after the U.S. Civil War.  He practices law in Washington, D.C. and Los Angeles with his firm, Timothy D. Naegele & Associates (www.naegele.com).  He has an undergraduate degree in economics from UCLA, as well as two law degrees from the School of Law (Boalt Hall), University of California, Berkeley, and from Georgetown University.  He is a member of the District of Columbia and California bars.  He served as a Captain in the U.S. Army, assigned to the Defense Intelligence Agency at the Pentagon, where he received the Joint Service Commendation Medal.  Mr. Naegele is an Independent politically; and he is listed in Who’s Who in America, Who’s Who in American Law, and Who’s Who in Finance and Business. He has written extensively over the years.  See, e.g.www.naegele.com/whats_new.html#articles

[2] See http://www.americanbanker.com/issues/173_212/-365185-1.html

[3] See, e.g., http://www.realclearpolitics.com/news/tms/politics/2009/Apr/08/euphoria_or_the_obama_depression_.html and http://www.philstockworld.com/2009/10/11/greenspan’s-legacy-more-suffering-to-come/; see also http://en.wikisource.org/wiki/The_Emperor%27s_New_Clothes

[4] See, e.g.http://en.wikipedia.org/wiki/Glass–Steagall_Act

[5] Harvard professor Niall Ferguson and Wall Street investor Ted Forstmann state in a Wall Street Journal article:

By all means let us regulate the derivatives market—beginning with a reform that makes it a real market. And let’s clamp down on excessive bank leverage. But let us not believe we can abolish both bailouts and depressions, other than by creating another layer of government regulation.

See http://www.naegele.com/documents/BacktoBasicsonFinancialReform.pdf

I agree with their conclusion.

[6] See also http://naegeleblog.wordpress.com/2009/12/16/the-great-depression-ii/

[7] See, e.g., http://www.naegele.com/documents/AScoldingforWallStreetHonchos.pdf; see also http://online.wsj.com/article/SB10001424052748704830404575200580858688618.html?mod=WSJ_hps_MIDDLEThirdNews

[8] Real problems with the legislation may be considerable.  See, e.g.http://online.wsj.com/article/SB10001424052748703876404575199582764862248.html

[9] See http://www.naegele.com/documents/TheNewMasterofWallStreet.pdf





Toyota And Lexus Vehicles Are Unsafe

4 01 2010

By Timothy D. Naegele[1]

All Toyota-produced vehicles sold in the U.S. today—including Toyota cars and trucks, and Lexus automobiles—are unsafe.  It will take years before new models roll off the company’s assembly lines that are completely safe.  Also, millions of Toyota vehicles are on American roads already that are unsafe to drive.  Any recent-vintage Toyota product, model years 2002[2] and later, potentially can turn into a runaway vehicle at a moment’s notice.  Driving one or being a passenger is like playing Russian roulette.  Query whether Americans, especially young families with small children, will trust their lives to Toyota?

Tragically and irresponsibly, the company has lied for years and it is lying now.  First, Toyota claimed it was a floor mat problem.  Next, the problems were related to the accelerator pedal[3]; and on and on the company’s lies go.  Toyota has had 10 years to investigate these issues, and determine and implement solutions, but its management has lied repeatedly and it is still doing it.  The runaway vehicle safety problems, which are confronting the giant automaker, are of a magnitude equal to or greater than those that brought down the storied Firestone tire brand, and the same thing may happen to Toyota.  Every American needs to read about runaway Toyota-produced vehicles.  The facts are sobering.

After the sudden-acceleration problems surfaced in Toyota and Lexus vehicles, the National Highway Traffic Safety Administration said “more motorists have died in Toyota vehicles associated with sudden acceleration in the last decade than in cars made by all other manufacturers combined.”[4] Consumer advocate Ralph Nader’s trail-blazing and Herculean efforts helped launch the automobile safety movement.  His speeches and writings on behalf of Americans (see, e.g., “Unsafe at Any Speed”) helped expose and remedy auto safety defects.  Today he believes: “[The NHTSA] is a broken agency that has to be rebuilt.”[5]

The Los Angeles Times’ fine investigative reporters have been shining light into the dark recesses of Toyota—notwithstanding the company’s massive cover-up that has spanned a decade so far.[6] Rather than attempt to distill the wisdom contained in the Times’ articles, the links to the most recent ones are set forth below.  I encourage you to read them carefully now and in the future, especially if you are a current Toyota or Lexus owner, or someone who may be considering the purchase of such vehicles in the future.  The life you save may be your own, or that of a friend or loved one, or even a total stranger who gets killed or injured by these vehicles.

The Times’ brilliant—and hopefully prize-winning—team members deserve enormous public praise and professional recognition by their peers for the courage and talent that they have exhibited consistently in ferreting out the facts and writing about these critical issues.  The newspaper’s editors must be congratulated too, for having the guts to encourage and support the “Times Investigation.”  One can barely imagine the staggering political, financial and other pressures that are being applied by Toyota to its critics in the media, in government, and in the private sector, as the company perpetuates its lies and massive cover-up[7]—despite the risks to Americans each and every day.[8]

  • “Toyota found to keep tight lid on potential safety problems,” by Ken Bensinger and Ralph Vartabedian (December 23, 2009)[9]
  • “Study: Toyota received most complaints about sudden acceleration,” by Ken Bensinger and Ralph Vartabedian (December 8, 2009)[10]
  • “Toyota’s acceleration issue,” editorial by the Los Angeles Times (December 5, 2009)[11]
  • “Report inconclusive on floor mat’s role in fatal Toyota crash,” by Ralph Vartabedian and Ken Bensinger (December 5, 2009)[12]
  • “Toyota vehicles in another federal safety probe,” by Ken Bensinger and Ralph Vartabedian (December 5, 2009)[13]
  • “Data point to Toyota’s throttles, not floor mats,” by Ken Bensinger and Ralph Vartabedian (November 29, 2009)[14]
  • “Toyota to fix ‘very dangerous’ gas pedal defects,” by Ken Bensinger and Ralph Vartabedian (November 26, 2009)[15]
  • “Recall another blow to Toyota’s reputation,” by Martin Zimmerman (November 26, 2009)[16]
  • “Runaway Toyota cases ignored,” by Ralph Vartabedian and Ken Bensinger (November 8, 2009)[17]
  • “Toyota’s runaway-car worries may not stop at floor mats,” by Ralph Vartabedian and Ken Bensinger (October 18, 2009)[18]

© 2010, Timothy D. Naegele


[1] Timothy D. Naegele was counsel to the U.S. Senate Banking Committee, and chief of staff to Presidential Medal of Freedom recipient and former U.S. Senator Edward W. Brooke (R-Mass), the first black senator since Reconstruction after the U.S. Civil War.  He practices law in Washington, D.C. and Los Angeles with his firm, Timothy D. Naegele & Associates (www.naegele.com).  He has an undergraduate degree in economics from UCLA, as well as two law degrees from the School of Law (Boalt Hall), University of California, Berkeley, and from Georgetown University.  He is a member of the District of Columbia and California bars.  He served as a Captain in the U.S. Army, assigned to the Defense Intelligence Agency at the Pentagon, where he received the Joint Service Commendation Medal.  Mr. Naegele is an Independent politically; and he is listed in Who’s Who in America, Who’s Who in American Law, and Who’s Who in Finance and Business. He has written extensively over the years.  See, e.g., www.naegele.com/whats_new.html#articles

[2] See, e.g., http://www.latimes.com/business/la-fi-toyota-throttle29-2009nov29,0,1231630,full.story

[3] See, e.g., http://www.latimes.com/business/la-112609-fi-toyota_inside-g,0,6391652.graphic

[4] See http://www.latimes.com/business/la-fi-highway-regulators31-2009dec31,0,3601262,full.story

[5] See id.

[6] See, e.g., http://www.latimes.com/business/la-fi-toyota24-2009dec24,0,110267.story (“A lawyer who sought to reopen 17 rollover claims says he cannot prove his case after reviewing documents allegedly showing that Toyota had hidden key evidence”); see id. (A former Toyota lawyer, Dimitrios P. Biller—who headed the automaker’s rollover litigation work for four and a half years—filed suit in U.S. District Court in Los Angeles against the automaker last summer, alleging that “it had engaged in a calculated scheme to hide evidence in product liability and personal injury cases,” and that “Toyota hid or destroyed evidence in roughly 300 rollover cases.”); http://www.latimes.com/business/la-fi-toyota-secrecy23-2009dec23,0,557792,full.story

[7] See, e.g., http://www.latimes.com/business/la-fi-highway-regulators31-2009dec31,0,3601262,full.story (“When attorney Edgar Heiskell went to a Washington law office this month to depose a Toyota Motor Corp. executive, he said he was met by a virtual NHTSA alumni club now working for Toyota.  It included at least two former agency attorneys and former defects investigator Christopher Santucci.”)

[8] See also http://www.leftlanenews.com/nhtsa-reviewing-third-generation-toyota-prius-braking.html; http://latimesblogs.latimes.com/money_co/2009/12/top-stories-new-toyota-probe-airbus-takes-on-boeing-airport-kiosks-go-high-tech.html

[9] See http://www.latimes.com/business/la-fi-toyota-secrecy23-2009dec23,0,557792,full.story

[10] See http://www.latimes.com/business/la-fi-toyota-recall8-2009dec08,0,371465.story

[11] See http://www.latimes.com/news/opinion/editorials/la-ed-toyota5-2009dec05,0,1844374.story (“To turn off [an engine with a keyless ignition system] while moving, drivers must press the ‘on’ button for three seconds—a task that’s neither intuitive nor easy in a runaway vehicle”)

[12] See http://www.latimes.com/news/local/la-fi-toyota-recall6-2009dec06,0,2913588.story

[13] See http://www.latimes.com/business/la-fi-toyota-recall5-2009dec05,0,6012156.story

[14] See http://www.latimes.com/business/la-fi-toyota-throttle29-2009nov29,0,1231630,full.story (“[A]ccounts from motorists . . . , interviews with auto safety experts and a Times review of thousands of federal traffic safety incident reports all point to another potential cause: the electronic throttles that have replaced mechanical systems in recent years”)

[15] See http://www.latimes.com/business/la-fi-toyota-recall26-2009nov26,0,7792141,full.story

[16] See http://www.latimes.com/business/la-fi-toyota-cost26-2009nov26,0,6652707,full.story

[17] See http://www.latimes.com/news/local/la-fi-toyota-recall8-2009nov08,0,2472257,full.story

[18] See http://www.latimes.com/business/la-fi-toyota-recall18-2009oct18,0,2352642,full.story








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