Cecil the Lion

30 07 2015

 By Timothy D. Naegele[1]

In an article entitled, “Killer of Cecil the Lion Finds Out That He Is a Target Now, of Internet Vigilantism,” the New York Times has reported about the killing of “Cecil,” a 13-year-old lion that was lured out of his sanctuary in Zimbabwe and killed this month by a Bloomington, Minnesota dentist.

The lion was lured out by pieces of meat that had been left just outside the boundary of his territory, where no hunting is allowed and anti-poaching patrols operate.  It has created an international outcry and furor.[2]  As the Times has reported:

In the hours since Dr. Walter J. Palmer apologized for killing the lion, he has gone from a dentist and longtime hunting enthusiast to a villain at the center of a firestorm over the ethics of big-game trophy hunting.

. . .

[He has] joined an ever-expanding group of people who have become targets of Internet vigilantism, facing a seemingly endless shaming. . . .

. . .

[A]ctivists used search engines to find his contact information and social media to share information about his business and his family, stirring a fever pitch of anger strong enough to effectively dismantle his digital life.

. . .

Cecil had been closely studied by researchers at the University of Oxford since 2008 as part of efforts to study a decline in Africa’s lion population and to better understand the threats the animals face. The university’s Wildlife Conservation Research Unit said in a statement that Cecil’s adult “brothers” and cubs would probably be killed by other male lions seeking dominance in the community.

. . .

According to the Zimbabwe Conservation Task Force, the lion was shot with a crossbow after he was lured out of the sanctuary, following the scent of food. Cecil, well known to those who visited Hwange National Park in western Zimbabwe for his jet black mane, was only injured by the arrow. The hunters tracked him for about two days before he was killed with a gun, conservation officials said. He was beheaded and skinned, his corpse left to rot.[3]

Palmer has been called a “Murderer!” and a “Terrorist!”  Indeed, the UK’s Daily Mail has reported: “Horrifically maimed by an arrow, Cecil managed to stay alive for 40 hours.”  Also, he was an alpha male lion and leader of his pride of two lionesses and six cubs; and he was “known for his imperious attitude towards tourists on game drives.”

The Daily Mail added:

He was named Cecil after Cecil Rhodes, the British mining magnate, having first been spotted in 2008 at a place called White Man’s Watering Hole inside Zimbabwe’s famous Hwange National Park, and subsequently given a collar to track his movements for an Oxford University project.[4]

According to the Times, the U.S. Fish and Wildlife Service proposed last October to list the African lion as threatened under the Endangered Species Act, “a move that would also establish guidelines for permitting the importing of lion trophies.” The proposal is still under review and has not been adopted yet.[5]

How tragic and utterly senseless.  Sir Roger Moore of James Bond fame has written in the UK’s Telegraph:

[H]unting is a coward’s pastime, and no one has demonstrated that more clearly than [Palmer], who apparently paid over £30,000 to gun down a lion to add his head to a trophy wall.  . . .  [I]t’s detestable that anyone would choose to get thrills from killing others who ask for nothing from life but the chance to remain alive.  The animals whose lives he has so cold-heartedly snuffed out have precisely the same capacity to feel pain and suffer as we do. All leave family members or mates behind when they’re killed, and none is exempt from grief.[6]

© 2015, Timothy D. Naegele

EMXP61 Image shot 2014. Exact date unknown.

Cecil the Lion (New York Times‘ Video)


[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 and his firm, Timothy D. Naegele & Associates, specialize 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.nytimes.com/2015/07/30/us/cecil-the-lion-walter-palmer.html; see also http://www.dailymail.co.uk/news/article-3179280/Agonising-hours-lion-king-Cecil-one-man-s-deadly-vanity.html (“Agonising last hours of an exhausted and horrifically maimed lion king and one man’s deadly vanity that led to its trophy killing”)

[3] See id.

[4] See http://www.dailymail.co.uk/news/article-3179280/Agonising-hours-lion-king-Cecil-one-man-s-deadly-vanity.html

[5] See http://www.nytimes.com/2015/07/30/us/cecil-the-lion-walter-palmer.html

[6] See http://www.telegraph.co.uk/news/worldnews/africaandindianocean/zimbabwe/11771713/Cecil-the-lion-Sir-Roger-Moore-says-hunting-is-a-cowards-pastime.html (“Sir Roger Moore on Cecil the lion: ‘Hunting is a coward’s pastime’”)





Global Chaos And Helter Skelter

1 07 2015

 By Timothy D. Naegele[1]

For many Americans, the world seems upside down or topsy-turvy, and headed for unbelievable—if not unprecedented—chaos, calamity and helter skelter.  This is true economically, militarily, socially, and in countless other ways.  Countries and regions are coming apart at the seams; accepted institutions are attacked; lives are uprooted, or ended in truly savage ways; and little seems sacred or even predictable anymore.  Many lives appear to move at light speed, while others barely move at all.[2]

An unfathomable global economic crash is predicted, unlike anything that we have witnessed in our lifetimes.[3]  The murderous Russian dictator Vladimir Putin has seized portions of Georgia and Ukraine (including Crimea), and may expand his aggression into Europe.[4]  China is flexing its muscles in the Pacific[5]; North Korea continues to be a loose cannon[6]; the Middle East is imploding, with much worse yet to come; and terrorists stalk the world, creating death and destruction.[7]  Human trafficking flourishes, while there are problems with adoptions and illegal immigration.[8]

Accepted views of marriage are being rewritten; and divorces occur too often.[9]  The inmates are running the asylum.  Organized religion is under attack.[10]  America’s history is challenged for being racist, with attempts being made to rewrite it.  Riots have been occurring in American cities, provoked by hoods, thugs and criminals.  So-called man-made “global warming” and “climate change” are being pushed worldwide, even though it is clear that our planet has gone through warming and cooling periods for millions of years.  Also, other natural disasters are occurring.[11]

Americans’ trust in business[12], Congress and our elected officials[13], the law and judiciary[14], the police, government in general—and in the future—are shaken each and every day.  The old “norms” seem to be gone.  Replacing them appears to be anarchy, certainly in the Middle East and Africa, where countries and regions are fragmenting, and order and the value of human lives are in short supply.  Those who stay abreast of the news see barbarism in action, which is all too reminiscent of what is portrayed in Hollywood films.

Yet, whether one is a Republican or a Democrat or an Independent or something else—and regardless of one’s skin color, ethnicity or religious beliefs—there is hope and plenty of it.[15]  We are Americans!

© 2015, Timothy D. Naegele

Bald Eagle and American Flag --- Image by © Ocean/Corbis


[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 and his firm, Timothy D. Naegele & Associates, specialize 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 https://naegeleblog.wordpress.com/2012/04/25/is-google-becoming-microsoft-or-worse/ (“Is Google Becoming Microsoft Or Worse?”) and https://naegeleblog.wordpress.com/2011/07/29/are-colleges-dinosaurs/ (“Are Colleges Dinosaurs?”) and https://naegeleblog.wordpress.com/2012/02/07/poverty-in-america/ (“Poverty In America”).  But see https://naegeleblog.wordpress.com/2010/05/12/what-and-where-is-god/ (“What And Where Is God?”)

[3] See https://naegeleblog.wordpress.com/2010/09/27/the-economic-tsunami-continues-its-relentless-and-unforgiving-advance-globally/ (“The Economic Tsunami Continues Its Relentless And Unforgiving Advance Globally”) and https://naegeleblog.wordpress.com/2010/05/16/will-the-eus-collapse-push-the-world-deeper-into-the-great-depression-ii/ (“Will The EU’s Collapse Push The World Deeper Into The Great Depression II?”) and https://naegeleblog.wordpress.com/2009/12/16/the-great-depression-ii/ (“The Great Depression II?”) and http://www.realclearpolitics.com/news/tms/politics/2009/Apr/08/euphoria_or_the_obama_depression_.html (“Euphoria or the Obama Depression?”) and http://marketshadows.com/2012/05/21/greenspans-legacy-more-suffering-to-come/ (“Greenspan’s legacy: more suffering to come”) and http://www.americanbanker.com/issues/173_212/-365185-1.html (“Greenspan’s Fingerprints All Over Enduring Mess”)

[4] See https://naegeleblog.wordpress.com/2010/02/09/russias-putin-is-a-killer/ (“Russia’s Putin Is A Killer”)

[5] See https://naegeleblog.wordpress.com/2011/01/13/china-is-americas-enemy-make-no-mistake-about-that/ (“China Is America’s Enemy: Make No Mistake About That”)

[6] See https://naegeleblog.wordpress.com/2010/12/22/the-next-major-war-korea-again/ (“The Next Major War: Korea Again?”)

[7] See https://naegeleblog.wordpress.com/2012/03/08/the-madness-of-benjamin-netanyahu/ (“The Madness Of Benjamin Netanyahu”) and https://naegeleblog.wordpress.com/2010/02/20/israels-senseless-killings-and-war-with-iran/ (“Israel’s Senseless Killings And War With Iran”) and https://naegeleblog.wordpress.com/2010/02/06/the-silent-voices-of-stalin’s-soviet-holocaust-and-mao’s-chinese-holocaust/ (“The Silent Voices Of Stalin’s Soviet Holocaust And Mao’s Chinese Holocaust”) and https://naegeleblog.wordpress.com/2010/01/19/emp-attack-only-30-million-americans-survive/ (“EMP Attack: Only 30 Million Americans Survive”)

[8] See https://naegeleblog.wordpress.com/2009/12/28/human-trafficking/ (“Human Trafficking”) and https://naegeleblog.wordpress.com/2010/04/15/problems-with-foreign-adoptions/ (“Problems With Foreign Adoptions”) and https://naegeleblog.wordpress.com/2010/07/30/illegal-immigration-the-solution-is-simple/ (“Illegal Immigration: The Solution Is Simple”)

[9] Even the great Alexander is rumored to have been bisexual, inter alia, because those were the mores of the day.

See https://naegeleblog.wordpress.com/2010/01/17/alexander-the-great/ (“Alexander the Great”)

See also https://naegeleblog.wordpress.com/2011/07/14/divorces/ (“Divorces”) and https://naegeleblog.wordpress.com/2012/12/20/abortions-and-autos-kill-more-in-america-than-guns/ (“Abortions And Autos Kill More In America Than Guns”)

[10] See https://naegeleblog.wordpress.com/2015/06/04/the-duggar-family-v-anti-christians/ (“The Duggar Family v. Anti-Christians”) and https://naegeleblog.wordpress.com/2010/04/05/the-catholic-church-at-a-crossroads/ (“The Catholic Church At A Crossroads”)

[11] See https://naegeleblog.wordpress.com/2010/09/08/earthquakes-the-big-one-is-coming-to-at-least-los-angeles/ (“Earthquakes: The Big One Is Coming To At Least Los Angeles”)

[12] See, e.g., https://naegeleblog.wordpress.com/2010/01/04/toyota-and-lexus-vehicles-are-unsafe/ (“Toyota And Lexus Vehicles Are Unsafe”)

[13] See https://naegeleblog.wordpress.com/2012/01/29/are-all-tea-partiers-wackos-misfits-and-extremists/ (“Are All Tea Partiers Wackos, Misfits And Extremists?”) and https://naegeleblog.wordpress.com/2010/11/12/sarah-and-todd-palin-the-big-winners/ (“Sarah And Todd Palin: The Big Winners?”) and https://naegeleblog.wordpress.com/2010/10/04/john-f-kennedy-the-most-despicable-president-in-american-history/ (“John F. Kennedy: The Most Despicable President In American History”) and https://naegeleblog.wordpress.com/2010/09/24/washington-is-sick-and-the-american-people-know-it/ (“Washington Is Sick And The American People Know It”) and https://naegeleblog.wordpress.com/2010/04/23/is-financial-reform-simply-washingtons-latest-boondoggle/ (“Is Financial Reform Simply Washington’s Latest Boondoggle?”) and https://naegeleblog.wordpress.com/2010/03/31/the-rise-of-independents/ (“The Rise Of Independents”); see also https://naegeleblog.wordpress.com/2009/12/17/is-redemption-possible-for-tiger-woods/ (“Is Redemption Possible For Tiger Woods?”); and https://naegeleblog.wordpress.com/2013/03/01/is-obama-the-new-nixon/ (“Is Obama The New Nixon?”) and https://naegeleblog.wordpress.com/2010/12/03/barack-obama-is-a-lame-duck-president-who-will-not-be-reelected/ (“Barack Obama Is A Lame-Duck President Who Will Not Be Reelected”) and https://naegeleblog.wordpress.com/2010/09/09/are-afghanistan-iraq-and-pakistan-hopeless-and-is-the-spread-of-radical-islam-inevitable-and-is-barack-obama-finished-as-americas-president/ (“Are Afghanistan, Iraq And Pakistan Hopeless, And Is The Spread Of Radical Islam Inevitable, And Is Barack Obama Finished As America’s President?”) and https://naegeleblog.wordpress.com/2010/09/01/the-speech—is-barack-obama-smoking-pot-again/ (“The Speech—Is Barack Obama Smoking Pot Again?”) and https://naegeleblog.wordpress.com/2010/01/20/the-end-of-barack-obama/ (“The End Of Barack Obama”) and https://naegeleblog.wordpress.com/2010/01/01/barack-obama-america’s-second-emperor/ (“Barack Obama: America’s Second Emperor?”) and https://naegeleblog.wordpress.com/2009/12/26/obama-in-afghanistan-doomed-from-the-start/ (“Obama In Afghanistan: Doomed From The Start?”) and https://naegeleblog.wordpress.com/2009/12/05/is-barack-obama-a-racist/ (“Is Barack Obama A Racist?”); but see https://naegeleblog.wordpress.com/2015/01/03/edward-w-brooke-is-dead/ (“Edward W. Brooke Is Dead”) and https://naegeleblog.wordpress.com/2014/01/06/ariel-sharon-is-missed/ (“Ariel Sharon Is Missed”) and https://naegeleblog.wordpress.com/2010/03/22/jefferson-lincoln-and-america/ (“Jefferson, Lincoln And America”) and https://naegeleblog.wordpress.com/2010/03/21/ulysses-s-grant-an-american-hero/ (“Ulysses S. Grant: An American Hero”) and https://naegeleblog.wordpress.com/2010/02/12/ansel-adams-has-an-heir/ (“Ansel Adams Has An Heir”)

[14] See https://naegeleblog.wordpress.com/2014/09/08/the-state-bar-of-california-is-lawless-and-a-travesty-and-should-be-abolished/ (“The State Bar Of California Is Lawless And A Travesty, And Should Be Abolished”) and https://naegeleblog.wordpress.com/2013/07/15/justice-and-the-law-do-not-mix/ (“Justice And The Law Do Not Mix”) and https://naegeleblog.wordpress.com/2012/03/21/the-united-states-department-of-injustice/ (“The United States Department of Injustice”) and https://naegeleblog.wordpress.com/2011/01/03/the-american-legal-system-is-broken-can-it-be-fixed/ (“The American Legal System Is Broken: Can It Be Fixed?”) and https://naegeleblog.wordpress.com/2010/01/31/lawyers-and-internet-scams/ (“Lawyers And Internet Scams”)

[15] See, e.g., https://naegeleblog.wordpress.com/2010/05/12/what-and-where-is-god/ (“What And Where Is God?”) and https://naegeleblog.wordpress.com/2010/03/20/ronald-reagan-and-john-f-kennedy-a-question-of-character/ (“Ronald Reagan and John F. Kennedy: A Question of Character”) and https://naegeleblog.wordpress.com/2010/02/26/america-a-rich-tapestry-of-life/ (“America: A Rich Tapestry Of Life”)





The Duggar Family v. Anti-Christians

4 06 2015

 By Timothy D. Naegele[1]

All Hell has broken loose on American TV and in media outlets around the world because one of the stars of the very popular TLC reality show, “19 Kids and Counting,” fondled younger girls including his sisters when he was a minor—age 14 to 15.  He confessed this to his parents; and the girls were sleeping when it happened, and they learned about it from their parents.

The family has been targeted by non-Christians, anti-Christians, Gays, Lesbians and others, who have definite agendas.  The parents voluntarily reported the incidents to the police; and the sealed juvenile records have been released illegally.  The Duggars feel betrayed; and there is little question that they have been victimized by others.

Also, there is no question about what was done by the minor: it was wrong, and the Duggars made this clear to their son and to the rest of their family when they learned of it.  Far too often, apparently, members of families “grope” other members, especially when all are juveniles.  Whether it is part of the learning process about sexuality or not, it becomes a crime when the perpetrator is no longer a child.

The show focuses on the life of the Duggar family who are devout Independent Baptists, and frequently discusses values of purity, modesty, and faith in God.  For those of us who have grown up in Hollywood (or Los Angeles), and known people in the movie, TV and other entertainment businesses, one wonders why anyone would want cameras intruding in their lives day after day, and why they would want their lives to be an “open book.”

Perhaps those who have attacked the Duggars are jealous of their popularity, or offended by their Christian beliefs.  Nonetheless, the rage and hate that have been directed at this family lately—as reported repeatedly by the UK’s trashy Daily Mail and other media outlets—are almost unfathomable.  The family members are called hypocrites; Christian beliefs are castigated; and the family seems to have become a lightning rod for the disgruntled and haters of this world.

Surely, as people are being killed savagely in the Middle East and elsewhere, and dying as a result of other human tragedies, the focus should be turned elsewhere.  As Jesus said:

He that is without sin among you, let him first cast a stone at her.[2]

No one is without sin, period.

© 2015, Timothy D. Naegele

Duggar family


[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 John 8:7, King James Version; see also https://www.biblegateway.com/passage/?search=John+8:6-8&version=KJV





Edward W. Brooke Is Dead

3 01 2015

 By Timothy D. Naegele[1]

He is gone, and it is sad.  He was not a rock star or a celebrity in today’s terms; and most Americans have never heard of him.  But he should be remembered; and I will always remember him fondly.  He was a trailblazer.

Brooke was a black man, and I was a white man, more than 20 years his junior.  He hailed from Massachusetts, and my home was California, on the opposite sides of the continent—and seemingly worlds apart.  We were both lawyers, and we enjoyed laughing together; and perhaps this is what I will remember most about him.  He had a charming, infectious laugh; a wonderful smile; and a good sense of humor.  I believe he tried to do his best, and I did too; and our paths crossed purely by chance.

I was an Army captain—fresh out of the Pentagon during the Vietnam War—when I went job hunting on Capitol Hill.  Before the military, I had worked briefly for a prestigious law firm in San Francisco, after graduating from law school at Berkeley.  They had offered me a job when my two-year Army commitment was finished; and instead, I wanted to work on the Hill, which I thought would be more exciting and a once-in-a-lifetime opportunity, before I returned to California.

As chance would have it—after having “back-up” offers from the Justice Department and the SEC—I was not hired to work for Senator Alan Cranston of California, which is what I really wanted to do.  His staff was headed by someone from New York, who seemingly cared nothing about my love for California, or my connections and credentials, because apparently he wanted to propel Cranston into the foreign policy arena nationally.  I even offered to work free for a month, so I could demonstrate my talents and enthusiasm, but it came to naught.

In the process of “pounding the corridors” on the Hill, an acquaintance told me that Ed Brooke was looking for someone to staff him on the Senate Banking Committee, which seemed to be an ideal fit.  In college, I had worked two summers as a relief teller at lots of branches of a Southern California bank.  Also, I was in the midst of finishing a second law degree at Georgetown’s law school, the LLM, with emphasis on international trade law that related to the committee’s oversight responsibilities.  I never met the senator nor knew much about him before I was hired by his very talented and superb chief of staff—or “Administrative Assistant”—Dr. Alton Frye.  He and I hit it off; and the next thing I knew, I had been hired.

Officially, I was on the “minority” or Republican staff of the committee—because the Democrats controlled the Senate—and the senator was one of the committee’s ranking GOP members.  Unofficially, I worked for the senator on legislative matters and speeches and dealing with constituents.  It was heady work, and I enjoyed it immensely.  John Sparkman of Alabama was the committee’s chairman; and he had been the Democratic Party’s nominee for Vice President in 1952, running on the ticket of Adlai Stevenson, when Dwight Eisenhower and Richard Nixon trounced them.

Also, Bill Proxmire of Wisconsin was on the committee, who turned out to be one of the finest public servants I have ever met.[2]  Other senators included Ed Muskie from Maine, who ran for the presidency; Walter “Fritz” Mondale from Minnesota, who became Jimmy Carter’s Vice President and ran for the presidency himself against Ronald Reagan in 1984; and Charles “Chuck” Percy of Illinois, who had been president of Bell & Howell before he entered the Senate, and whose daughter married Senator Jay Rockefeller of West Virginia.

On the committee staff, where my official title was “Assistant Counsel,” the first thing that I did was staff the Presidential Commission on Mortgage Interest Rates, which was an education unto itself.  We met in a room off the Capitol rotunda; and it was a joint Senate-House commission, chaired by Sparkman and Congressman Wright Patman of Texas.  Sparkman was 70 and Patman was 76; and both legislators were wily and shrewd like few people whom I had met in my life, up to and including today.  Also, both were delightful human beings.

Ed Brooke had been elected to the Senate two years before I arrived, so he was still very junior in terms of seniority.  However, because he was the first black U.S. senator since Reconstruction after the Civil War—with Barack Obama being the third—he was afforded a certain amount of respect and responsibility.  He had been Massachusetts’ Attorney General, and he was smart and charming; and his colleagues in the Senate seemed to genuinely like him.

I was responsible for the senator’s legislative matters pertaining to banking, securities, international trade, and housing.  The committee’s jurisdiction included oversight of the Federal Reserve Board, the Treasury Department, HUD, the SEC, and the bank regulatory agencies such as the FDIC.  Among other things, I participated in drafting laws, in addition to assorted bills on various subjects such as Standby Letters of Credit.  Most importantly though, I authored the Anti-Tying Provision of the Bank Holding Company Act Amendments of 1970, which remains the only federal antitrust law enacted by Congress that deals specifically with predatory lending practices by banks and other financial institutions.[3]

Also, I authored two pieces of housing legislation as part of the Housing and Urban Development Acts of 1969 and 1970, with respect to which I will always be very proud: 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.  Unfortunately, there is scant mention of the first program in the senator’s book, “Bridging the Divide: My Life”—which is contained in one paragraph.[4]  No mention of the second program is made at all, yet both have helped enormous numbers of poor Americans, many of them elderly.

Others contributed to the writing of Ed’s book; I did not.  Presumably they had no idea about the origins of the Brooke Amendment, nor how many Americans were helped by it and Section 8.  The senator told me one day that he was concerned about the plight of public housing tenants in Massachusetts, especially the elderly.[5]  Hence, I went to work and tried to determine what could be done.  One person who was central to my efforts was a wonderful black man, the late Tony Henry, who headed a group called the National Tenants Organization.

Tony gave me the idea of capping the rents that public housing tenants paid at 25 percent of their incomes, with the federal government picking up the difference; and providing other financial assistance to the crime- and poverty-stricken projects.  This became the Brooke Amendment; and in turn, the Housing Allowance program was an outgrowth of that—without tying the government assistance to particular projects, but providing “vouchers” that allowed the poor to choose.  Literally millions of Americans have been helped; and without the senator, it never would have happened.  Indeed, I used to read handwritten thank you letters to Brooke from the elderly, which moved one to tears.

Members of his personal staff and I established a summer program for disadvantaged kids in Massachusetts—on behalf of the senator, in conjunction with the Pentagon—which involved underutilized military facilities in the State, such as the Boston Navy Yard and Otis Air Force Base.  This wonderful idea came to me from the late Bob Goralski of NBC News; and the program served approximately 100,000 kids during its first year alone, which was impressive.  The senator and I traveled to Massachusetts with then-Secretary of Defense Melvin R. Laird to review the program and its progress.

Prior to his reelection campaign in 1972, the senator asked me to head his Senate staff, as his Administrative Assistant, which I did—even though I was a Californian.  However, he never really had any serious challengers, so our elaborate campaign plans were truncated, and the job proved to be boring.  I was not happy, because I wanted to work on substantive matters; and it turned out to be a mistake.  The senator was gracious as always; and as we had agreed, I left the Senate in January of 1973 following his reelection, to join a Washington law firm as a partner.

Thereafter, I represented all of the banks in Massachusetts, the Prudential Insurance Company of America and other clients, and came in contact with the senator and his staff on a regular basis.  He was helpful and kind; and I always wanted the best for him.  He had been mentioned as a possible vice presidential candidate at times, but it never came to pass.  He divorced and remarried; and from all accounts, his second marriage was happy and fulfilling, to a wonderful woman, which pleased me greatly.

In the final analysis, how would I rate the man, based on my years with him—and being around other important figures in contemporary history?  He never reached his full potential politically, although he achieved a great deal.  Among other things, he was honored with the Presidential Medal of Freedom and the Congressional Gold Medal.  The courthouse in Boston bears his name; he is the only African-American reelected to the Senate; and a school was named in his honor.[6]

Perhaps the most important comparison might be to Barack Obama.  In a sense, Ed Brooke paved the way for Obama’s presidency.  There is no doubt about the intelligence of both politicians.  However, Obama was elected to the presidency when he was 47, while Brooke was elected to the Senate at the same age.  Obama shot into the stratosphere politically, while Brooke never had that chance.  I believe he knew it, although he was flattered when people mentioned him for the national ticket.

Brooke did not try to change America because of any hatred of whites or our capitalist system.  After reading Obama’s “Dreams from My Father,” most Americans will have few if any doubts why he associated with and befriended Weather Underground co-founder Bill Ayers and Rev. Jeremiah A. Wright Jr.  Their radical views seemed consistent with his.[7]  Ed Brooke was not a radical, or even close.  He grew up on the American mainland; whereas, Obama grew up in Hawaii and Indonesia, and never set foot on the American mainland until he attended Occidental College in Southern California.

Brooke was an American, and proud to be one.  He did not engage in class warfare like Obama has.  He did not have deep-seated racial anger, nor exacerbate racial tensions and violence.  And he was not a Narcissistic demagogue like Obama is.  Brooke grew up with a stable family life; Obama did not.  I have zero doubts that both men faced unbelievable discrimination because of their skin color, especially Brooke—because of the times when he grew up.  However, I never experienced any racism on his part.  Because he was a U.S. Army officer in Italy during World War II, where he saw combat, there was no anti-military hostility or prejudice like Obama has.

If Brooke had an Achilles’ heel or more than one, they involved women and possible links to the Mafia, which were unsettling.  His affairs with white women such as Barbara Walters have been documented.  However, most disturbing were his affairs with young white women on his Senate staff, before I arrived in his offices.[8]  Many of their lives were changed forever by the experiences.

The first links to the Mafia apparently arose during his tenure as Attorney General, and continued when he was in the Senate.  I met his “contact”—to whom I shall refer as “Norman”—when he visited the senator on numerous occasions in the Russell Senate Office Building.  Indeed, the man advised me against investing with the senator on the island of Saint Martin (also Sint Maarten) in the Caribbean, where the senator owned a home and came to know Anne, his lovely second wife and the mother of his son.  I always appreciated the advice, and knew it was for my protection and well being.

Perhaps it is these “skeletons” that prevented him from achieving more—or maybe it was simply the racism of the times.  No one may ever know.  Most of the senator’s professional staff was white; and the only black member who worked for him while I was involved became very dissatisfied because the senator was not more “active” on the issues that concerned their race.  However, I will never forget that a black man gave a young white man, me, a chance to work at the highest levels of American government; and I will always be deeply appreciative of this.

I am sad that Ed Brooke is gone.  He is missed.  He was not perfect; no one is.  Yet, he made a difference—in Massachusetts, Washington, D.C., and in American politics and life.  He was an American leader before Barack Obama was even born; and he was a conciliator, not a rabble-rouser or racist.  And I will always remember his wonderful smile and laugh.[9]

© 2015, Timothy D. Naegele

Ed Brooke


[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 https://naegeleblog.wordpress.com/2010/09/24/washington-is-sick-and-the-american-people-know-it/#comment-1799 (“When A Giant Named Senator Bill Walked Through Washington”)

[3] See 12 U.S.C. § 1972; see also Timothy D. Naegele, “The Bank Holding Company Act’s Anti-Tying Provision: 35 Years Later,” 122 Banking Law Journal 195 (March 2005); “The Anti-Tying Provision: Its Potential Is Still There,” 100 Banking Law Journal 138 (1983); and “Are All Bank Tie-Ins Illegal?” 154 Bankers Magazine 46 (1971) (http://www.naegele.com/whats_new.html#articles).

[4] See Edward W. Brooke, “Bridging the Divide: My Life,” p. 177.

[5] Many of these elderly were black; and they were preyed on and intimidated by young black thugs and hoods in the public housing projects and elsewhere.  Tragically, this happens all too often today; and Ed Brooke wanted to put a stop to it.

[6] See, e.g.http://en.wikipedia.org/wiki/Edward_Brooke

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

On most issues, I was politically in tune with Ed Brooke; I am not with Barack Obama.

See, e.g., https://naegeleblog.wordpress.com/2013/03/01/is-obama-the-new-nixon/ (see also the footnotes and comments beneath the article)

[8] One of the women told me that her goal was to bed the senator, which was consummated later—many years before he and Anne were married.

See also https://naegeleblog.wordpress.com/2009/12/05/is-barack-obama-a-racist/#comment-2830 (“The Truth About Martin Luther King, Jr. Emerges . . . Finally”)

[9]  See also https://www.c-span.org/video/?324750-1/memorial-service-senator-edward-brooke (CSPAN: “Funeral Service for Former Senator Edward Brooke”)





Ariel Sharon Is Missed

6 01 2014

 By Timothy D. Naegele[1]

It seems like ages since Ariel Sharon slipped into a coma from which he never returned, much less as a political force in this earthly world.  Yet, perhaps he was there after all, resting with the knowledge that he was a man of his times, who had shaped and reshaped history.

He was a complex human being who produced seemingly inconsistent policies.  By being the architect of Israel’s settlement expansion in the West Bank and Gaza, despite Palestinian and international protests, he appeared to be forever at odds with the establishment of an independent Palestinian state, and thus an opponent of peaceful coexistence between the Israelis and the Palestinians, and lasting peace in the Middle EastHenry A. Kissinger noted some years ago: “For most of his career, Sharon’s strategic goal was the incorporation of the West Bank into Israel by a settlement policy designed to prevent Palestinian self-government over significant contiguous territory.”

However, he came seemingly full circle and withdrew from Gaza and removed Jewish settlers from both Gaza and the West Bank, and returned their lands to the Palestinians.  Like the hard-liner Richard Nixon who opposed communists and their ideology throughout his life, yet opened the door to China, Sharon was an enigma.  Both were skilled chess players; and perhaps Sharon supported expansive settlements merely as a bargaining chip that would be discarded when it served the interests of peace, or no longer had any strategic value.

He seemed to be a pragmatist who concluded that it was in Israel’s best interests to defend only those lands that were militarily and politically defensible, and sacrifice the rest, and to jettison the settlers who had served as pawns in a larger chess game.  By zigging and then zagging, and by being a key player in the establishment of the right-wing Likud Party and then breaking from it to found the centrist Kadima Party, Sharon proved to be an able and skillful politician right up to the end of his career.

He fought in a Jewish militia opposed to British control; and he served in Israel’s war of independence with the Arab states and in subsequent wars, and was considered a war hero by many Israelis.  He was wounded in a battle to break the siege of Jerusalem and carried its effects all of his life, including near blindness in one eye; and he was grazed by a bullet in the head during a battle many years later.

He visited the Temple Mount to emphasize Israel’s claim of sovereignty, outraging Muslims and provoking widespread violence; and he is blamed for the ruthless killing and suffering of countless Palestinians.  Yet, his strength was being more in tune with Israeli public opinion than anyone else.  Ghazi al Saadi, a Palestinian commentator, described Sharon as “the first Israeli leader who stopped claiming Israel had a right to all of the Palestinians’ land.”  He added:  “A live Sharon is better for the Palestinians now, despite all the crimes he has committed against us.”

Like Yitzhak Rabin before him, whose mantle he assumed, history will judge Sharon’s accomplishments and speculate as to what a difference his continued leadership might have meant in the future.  It is certain, however, that Likud’s Benjamin Netanyahu is no Ariel Sharon, nor does he hold a candle to Rabin.  Indeed, Rabin’s widow Leah—who was described by Nobel Peace Prize Laureate and former Prime Minister Shimon Peres as a “lioness”—believed it was the climate of hate that Netanyahu created during the election campaign of 1995, which laid the groundwork for a Jew to assassinate her husband.  She never forgave Netanyahu and detested him.[2]

The fact that Netanyahu attained his coveted goal of leading Israel again, after his scandal-ridden previous attempt at it, may have changed the region’s history forever.  He was the nemesis of both Rabin and Sharon, two giants; and his return from political oblivion may still be marked by untold chaos at a time when political and military adventurism and demagoguery are the last things that are needed from the leader of Israel.

It was a fateful day, however, when a born-again Christian and a Jew, one slim and fit and the other decidedly rotund, shared a helicopter ride; and Sharon gave then-Texas Governor George W. Bush a tour over the Israeli-occupied territories.  On that day and in the days that followed, a bond of mutual respect emerged between Bush and Sharon that would survive the roller coaster of international politics.  They were a political odd couple who seemed to instinctively trust each other at a time in history when trust was a rare currency vis-à-vis the seemingly intractable problems of the Middle East.

Trust has been a missing ingredient during much of the political life of Netanyahu, who has been perceived as being untrustworthy by countless Israelis and leaders of other nations.  Indeed, he has served as a foil against which Sharon’s accomplishments may be viewed and measured.  Sharon emerged as the right leader for Israel at the right time, just as Rabin had done before him.  Netanyahu’s presence on Israel’s political scene makes Sharon’s greatness and that of Rabin stand out in bold relief by comparison.

Sharon’s stroke and coma deprived the Bush administration of its closest working partner in the Middle East.  The clock began ticking in the region again; and there have been reports that Israel will attack Iran’s nuclear installations.  I am forever reminded of what a prominent American (who is a Jew and a strong supporter of Israel) told me several years ago: “I have long thought that Israel will not make it, if only because of what are cavalierly called WMD [weapons of mass destruction] and its very tight geographical compression.  All else is immaterial, including the Palestinians, or us, or the nature of Israel’s [government].”

I was stunned by this person’s words, and I have reflected on them many times since.  Henry Kissinger added several years ago: “Far too much of the debate within the Palestinian camp has been over whether Israel should be destroyed immediately by permanent confrontation or in stages in which occasional negotiations serve as periodic armistices.”  I do not subscribe to the notion that anything is inevitable or “written.”  However, it is courageous and visionary men like Rabin and Sharon who have guided Israel through perilous times, when lesser men would have foundered.

Netanyahu campaigned on a hard-line platform that would grant to a new Palestinian state only a fraction of West Bank land; and effectively, he has brought the peace process to a screeching halt because he opposes such a state entirely, whether he articulates it or not.  When Likud suffered a defeat in the Israeli elections, with Netanyahu at its helm, he characteristically tried to deflect blame from himself by claiming that a comatose Ariel Sharon was responsible for the political “crash.”

The Wall Street Journal put it mildly in an editorial:  “[Netanyahu’s] attempt to blame a dying and helpless Mr. Sharon for Likud’s drubbing . . . was not a class act.”  Indeed, it was tasteless, opportunistic, and among the reasons why so many people view Netanyahu as being pathetic and demonic—but it was certainly consistent with his treatment of both Rabin and Sharon.

Most Israelis believe at least one of two long-time dreams is unattainable; namely, the idea of a “Greater Israel,” and of a negotiated peace with the Palestinians.  Contrariwise, the Palestinians have steadfastly refused to repudiate their dream of a “greater Palestine,” stretching from the Jordan River to the Mediterranean, which—in the words of Yossi Klein Halevi, an Israeli journalist and writer—“would supplant and destroy the Jewish state.”

Halevi further opined: “The settlement movement ignored the moral corruption of occupation and the demographic threat to Israel’s identity as a Jewish and democratic state posed by the forcible absorption of several million Palestinians into Israeli society.”  And he added: “Israel will almost certainly find itself without Greater Israel—and without peace.  . . . Confronted with the possibility of a nuclear Iran committed to Israel’s destruction and with a terrorist state emerging in Gaza and the West Bank, Israelis need the sustenance of dreams.”

President Bush pledged to help create an independent Palestinian state before the end of his second term, which suffered a fatal blow with the loss of Sharon, and ended Sharon’s personal ambition to set Israel’s permanent borders too.  The Times of the UK quoted one official as saying: “It [was] unbelievable.  He was the Prime Minister.  Nothing moved without going through him.  Everything was connected to him and then he faded away,” the official said, with a click of his fingers.

Perhaps the return to business as usual showed the strength of Israel’s democracy and political system, which has been surprisingly stable; or maybe it was a sign that his stroke had not shaken the country to the same extent as the assassination of Rabin.  Or maybe it was simply another reminder of how fame is fleeting, and the public’s attention span is short in Israel and other media-driven societies, especially in the age of 24-hour news cycles.  Yet, Sharon is missed; that much is certain—and I never thought that I would write those words or feel this way.[3]

I disagreed with his settlement policies for many years, believing they were harmful to the settlers who trusted him because ultimately they would feel betrayed; and that such policies were unnecessarily confrontational and antagonistic to the Palestinians.  However, I have missed “Arik,” and I know people in various parts of the world, Jews and non-Jews alike, feel the same way.  He was a giant of Israeli politics.  More than that, he was a lion—albeit a rotund one—God love him.

© 2014, Timothy D. Naegele

Ariel Sharon


[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 https://naegeleblog.wordpress.com/2010/02/20/israels-senseless-killings-and-war-with-iran/ (“Israel’s Senseless Killings And War With Iran”) and https://naegeleblog.wordpress.com/2012/03/08/the-madness-of-benjamin-netanyahu/ (“The Madness Of Benjamin Netanyahu”) (see also the comments beneath both articles).

[3]  See also http://world.time.com/2014/01/03/israel-wakes-up-to-ariel-sharon-as-former-prime-minister-nears-death/?iid=gs-main-lead (“Israel Wakes Up to Ariel Sharon as Former Prime Minister Nears Death”) and http://www.al-monitor.com/pulse/originals/2014/01/ariel-sharon-war-of-independence-disengagement-settlements.html (“Ariel Sharon’s decisions shaped today’s Israel”) and http://www.newyorker.com/archive/2006/01/23/060123fa_fact_shavit (“THE GENERAL”); compare http://www.theguardian.com/commentisfree/2014/jan/03/ariel-sharon-final-mission-peace-israel (“Ariel Sharon’s final mission might well have been peace”) with http://mwcnews.net/focus/politics/35072-sharon.html (“The Guardian Laments Sharon”)






Justice And The Law Do Not Mix

15 07 2013

 By Timothy D. Naegele[1][2]

Justice is in the eye of the beholder, and not some absolute standard that is clearly and quantifiably definable or identifiable.  However, human beings have a sense of what is just and what is not, which is often governed by their belief systems and experiences in Life.  The law, on the other hand, is an imperfect discipline governed by grossly-inflated egos and political considerations, and flavored by incompetence and arrogance.

Is the law ever just?  Perhaps this question is the proper starting point.  “The law” is not some idealistic and intellectually pure result, resting on a cloud somewhere.  Rather, it is a hard-edged and hard-fought amalgam of competing ideas and biases, dictated by judges who are imperfect at best—and often egotistical, callous, mean-spirited, power-hungry, self-righteous, condescending and, yes, incompetent and arrogant.  They can smile at you, just as easily as they can slit your throat and never think twice about doing it.

How on earth can the dispensers of that magical ingredient, justice, do so when they are “unsavory” themselves?  How can they judge another person when they often bring distorted realities and moral visions to the process?  Many of them, at least in the United States, are former prosecutors who seemingly have never laid eyes on an innocent criminal defendant.  To put on black robes does not change their mindset.  Indeed, many seem to relish the power trip.  Shakespeare’s famous quotation—“The first thing we do, let’s kill all the lawyers”—must have been written in some light-hearted moment with the dark and sinister characteristics of judges in mind.

Having been a lawyer for more than 45 years, and having received two law degrees from prestigious American law schools, I can honestly say that the thought of becoming a judge has never crossed my mind.  Indeed, when I arrived at Berkeley for my first year of law school, I was stunned by how many of my classmates had dreamed of becoming lawyers most of their lives.  The pinnacle was to become a judge, which was repulsive to me.  While I read many learned and well-written opinions in law school, I never figured out why anyone would want to be a judge.

We had fine law professors who taught the best of the law; and they instilled in us a belief in the purity and sanctity of the law.  Forty-five years later, I do not doubt their sincerity at the time, but I have never encountered a sitting judge who met their expectations.  The best reason for being a judge was told to me one day in chambers by a California Superior Court judge, who said that it was easier than practicing law.  I respected him for his honesty and candor, and his willingness to tell the unvarnished truth.  Most judges would never do that.  It was refreshing.  He smiled when he said it, and did not slit my throat or even come close.  In fact, he decided in my favor.

If the law is little more than decisions made by judges based on whether they got up on the wrong side of their beds or not, or took umbrage with a lawyer or client, then is there any rhyme or reason to it, which makes sense judicially?  I concluded ages ago that the proceedings in most American courts are remarkably close to “Law West of the Pecos by Judge Roy Bean,” the hanging judge.  In Bean’s court, the law was what he said it was, and nothing else mattered.  Too often in U.S. courts today, very little has changed.  Judges have become the law unto themselves.  Any citation of legal precedents is met by judges whose eyes glaze over, because many of them were taught in law schools where the purity and sanctity of the law did not matter.  Brute force governs far too many courtrooms.

State courts—certainly those in California—are a total joke. Judges routinely ignore the applicable law, or twist the law to suit their desires. It is a travesty, and really no law at all.  Our federal courts are somewhat better, only because federal judges have law clerks who actually research the law; and federal judges are mindful of the fact that they can be overruled on appeal.  Owing to the fact that our Supreme Court takes so few cases these days, and most of its cases are heard for political reasons, our federal courts of appeal become the only real checks on the actions of District Judges.

At the U.S. Supreme Court building in Washington, D.C., there is a statue of “Justice” with blinders on her eyes to depict the impartiality and objectivity that the word justice is supposed to represent.  However, another interpretation can be given to the statue; namely, blindness to injustices that occur each and every day in our legal system.  More than eight thousand petitions for certiorari are filed with the Court every year, yet the number of cases that are heard is usually less than one hundred.  Justice William Brennan was the last jurist to read such petitions.  They are now read exclusively by the individual justices’ law clerks, who decide which cases the Court hears and those that are never heard.

As a practical matter, the American system of justice no longer exists—because the presumption of innocence no longer exists.  In U.S. courts, even though it is not articulated—certainly by the judges themselves—there is a presumption of guilt instead of innocence in criminal cases.  Any appearance of bending over backwards to help the defense is window dressing and largely form over substance.  Many judges are courteous, but their long knives come out before the process is completed.  Others do not mince with words, and are tyrants from Day One.  Still others defy one’s imagination with respect to how they got there.  They do not understand the law or facts of the cases, nor do they care; and they seem to be political appointees who have overstayed their welcome.

 The United States is a nation where rogue prosecutors reign, whose goals in life include the prosecution of even the innocent. Federal, State and local prosecutors ruthlessly and gleefully pursue countless numbers of innocent Americans for a multitude of crimes that were never committed; and the judiciary has allowed this to happen.  Corruption is rampant among federal prosecutors and those who work with them, such as FBI agents.  No amount of rational thinking or discourse can be applied to a system that is inherently and systemically corrupt.

A federal official with reason to know told me that between 15-20 percent of the indictees in our federal courts are probably innocent.  Some are elderly who have been charged with cheating the Social Security system—America’s retirement benefit program—and they are scared to death, so they agree to plea bargains rather than fight for their innocence.  The latest figures indicate that 97 percent of convictions in federal courts were the result of guilty pleas.  In 2006, the last year for which data was available, the corresponding figure for State courts was 94 percent.

Indeed, Justice Anthony M. Kennedy wrote for the majority in a recent U.S. Supreme Court opinion—quoting other sources:

[Criminal justice today] is for the most part a system of pleas, not a system of trials. . . .  [Plea bargaining] is not some adjunct to the criminal justice system; it is the criminal justice system.[3]

He added—again quoting other sources: “[L]onger sentences exist on the books largely for bargaining purposes.”[4]

What Kennedy neglected to mention is that “criminal justice” today in the United States is not a system of justice at all, at least for many Americans.  It is appalling that so many innocents are swept up in our criminal system.  Even if they do not go to prison, the mere fact that a prosecutor comes after them and they have to deal with the system is brutal and tragic.  Lives are wrecked in the process by zealous prosecutors and callous judges, who should be consigned to prison life themselves—where they would come to understand the true meaning of justice.

Fortunately, America has a very good public defender system, at the federal, state and local levels; and this helps a great deal, although far too often its lawyers are burdened with very heavy caseloads, and the accused may not understand that they can avail themselves of such assistance.  Anyone who 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.  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.”

Also, in criminal prosecutions, there is often the systematic concealment of significant exculpatory evidence, in some instances intentionally, which gave rise to the guilty verdicts against former United States Senator Ted Stevens of Alaska being set aside, and a dismissal of the case against him.  It is another travesty and miscarriage of justice that three years after the federal judge set aside the verdicts, the wrongdoers within America’s Justice Department have not been subjected to criminal prosecution, convicted, and sent to prisons—where true justice would be meted out—instead of getting “slaps on the wrist” for their criminal misconduct.[5]

To be fair and put things into perspective, victims of criminal conduct need and deserve protection as well; and the guilty must not be sheltered or coddled if there are to be deterrents against the commission of crimes, especially those of a violent nature.  Also, many crimes are not reported or dealt with, such as rampant fraud that is occurring over the Internet each and every day, and bilking sophisticated and unsophisticated Web users out of billions of dollars.  Clearly, none of us would like to be a “jailed innocent,” but similarly we do not want to be harassed by vicious or other criminals either.  Those people who are truly innocent should not enter the criminal system; and innocent victims must be protected at all costs.

It has been noted that if we want to be 100 percent certain that no innocent will end up in jail, the inevitable result is that nobody will be in jail.  There is no such thing as perfect evidence or a perfect judge.  Indeed, as noted at the beginning of this article, the law is an imperfect discipline and process.  Also, it must be recognized that the cost of criminal and civil litigation in the United States and globally is staggering; and it takes years to resolve complex litigation.  The cost of business litigation in America’s federal courts often exceeds $1 million on each side of the action; and this figure does not include the cost of a trial or appeals.

Lawyers are trained in law schools to be advocates, and sometimes this becomes a curse.  When they represent clients in divorce proceedings, the last thing that estranged couples need is their respective lawyers “stirring the pot” to earn greater fees, and increasing the acrimony that exists already.  However, it happens, which is why lawyers are ill suited to handle such proceedings.  Also, male lawyers prey sexually on their distraught and emotionally vulnerable female clients, which should give rise to automatic disbarments.  Both the American Bar Association and State bar associations “turn a blind eye” and do little or nothing to curb such abuses.  Like rogue prosecutors who are sheltered from discipline, so too are lawyers in divorce proceedings who abuse their positions and power.  This is among the many reasons why non-lawyers in the United States and elsewhere view lawyers with such contempt and disdain—not dissimilar to how they view leeches and vermin.

Without the law though, we would have anarchy and chaos.  Yet, there is a certain amount of inherent anarchy and chaos within the legal system itself.  Harsh economic times produce demands on lawyers and courts, and bring citizens in contact with the system who otherwise might not be there except for their economic plight and hardships.  Whether the issues involve housing foreclosures or evictions, or the loss of jobs or dissolution of marriages, the American legal system is taxed like seldom before.  Budgetary constraints dictate shorter court hours and over-burdened judges, and closed courthouses and furloughed prisoners to ease overcrowding.  What is certain is that the situation will become worse between now and the end of this decade, at least in the United States.

Perhaps the only saving grace about the American legal system is that it may still be the best in the world, albeit very imperfect and flawed.  Indeed, it is the only legal system that I can address with a modicum of understanding and authority, having spent my entire career thus far dealing with it.  Unfortunately, too few lawyers are willing to speak out and criticize the profession, and “tell it like it is.”  The judiciary is almost completely blind to the problems, because its members are at the root of many of these issues.  Also, the American Bar Association is essentially worthless; and State bar associations are not much better.  I am a member of the District of Columbia Bar, which I have always been proud of though.

These are a few of the very serious problems that face our system of justice and fairness for all, which demand attention.  They are not easily fixable or remedied, yet they are at the tip of an enormous iceberg of problems.  There is a real question as to whether our system can be “fixed.”  Much like family members or loved ones of alcoholics or drug addicts, it is arguable that we cannot fix or change our legal system.  All we can do is take care of ourselves, and hope that we never come in contact with it.  There are even those who believe that quantitative and qualitative analyses can and must be applied to “redesign the judicial structure . . . into a practical process with an understood functionality and imperfection”—in the words of one engineer with a keen sense of justice.

© 2012, 2013, Timothy D. Naegele

Twill Magazine version of the article 

Justice And The Law Do Not Mix

(Image: Andrè Azevedo)


[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]  This article was published originally in Europe and distributed globally by Twill Magazine; see http://www.twill.info/wp-content/uploads/2013/03/justide_and_the_law_do_not_mix.pdf (issue #15, pp. 8-11); see also http://www.twill.info/ and http://www.twill.info/?p=1850

The author wishes to thank Fosco Bianchetti, Twill‘s Editor In Chief and Manager, for publishing it.  He was a pleasure to work with, always.

[3] See Missouri v. Frye, Case   No. 10–444. Argued October 31, 2011—Decided March 21, 2012 (emphasis in original); see also http://www.supremecourt.gov/opinions/11pdf/10-444.pdf

[4] See id.

[5] See also https://naegeleblog.wordpress.com/2012/03/21/the-united-states-department-of-injustice/





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 https://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.https://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 https://naegeleblog.wordpress.com/2009/12/05/is-barack-obama-a-racist/





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

[16] See https://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)





America: A Rich Tapestry Of Life

26 02 2010

By Timothy D. Naegele[1]

What makes a country special and, yes, great?  Its land, its people, its history, its culture, its belief systems or its soul?  All of these, and so much more—including intangibles that most of us never think about.  The United States is that country, unlike any other on the Earth.  There is no need for Americans to flaunt it or be arrogant or condescending or aloof.  Those are not the American way.  Deep beneath the surface, there is love for people everywhere, and an appreciation of each person’s God-given gifts and uniqueness.  In a recent interview, I said:

I believe in this country, and I believe in Americans of all colors, faiths and backgrounds.  The United States is the only true melting pot in the world, with its populace representing a United Nations of the world’s peoples.  Yes, we fight and we even discriminate, but when times are tough—like after 9/11—we come together as one nation, which makes this country so great and special.  Also, all of us or our ancestors came here from somewhere else.  Even the American Indians are descended from those who crossed the Bering Strait—or the “Bering land bridge”—according to anthropologists.[2]

Most of us spend a lifetime dealing with issues and challenges that we believe, rightly or wrongly, are not of our own making; and we react accordingly. Some are big, but most are small and petty, albeit each seems so important at the time. For example, last night I bought a new Apple iPod on which I loaded music and other data from my laptop, but I could not find the icon on my desktop this morning. I called Apple’s technical support line, and was routed to a fellow in India. He was very nice and courteous, but I told him that I wanted to speak with someone in the United States. When he said that he would let me talk with his supervisor, I thanked him but said no, and hung up and called Apple again. The same thing happened, so I tried a third time and a very nice woman came on the line named “Abby.” I detected a slight accent and asked where she was located, and she said the Philippines. I thought about hanging up a third time, but decided against it.

Abby was delightful, and really tried to help.  Having been an Apple customer for about 20 years, I know how diligently she tried.  Finally, she routed me to “Amy,” who turned out to be located in Boise, Idaho.  Amy was delightful too; and we tried everything, but nothing worked because the “Made in China” iPod is apparently defective and needs to be replaced.  In the course of our discussions, I learned that Amy hailed from California, where I was born and raised.  Having had bad experiences with HP recently—where Amy’s husband has worked—in terms of its nonexistent customer support, I was pleased to tell Amy how I had gone through Apple’s ups and downs, but have been generally quite pleased with its telephone support.  It has kept me in the fold and a loyal Apple customer through thick and thin.  Something struck me in the gut though, about companies like Apple farming out calls to India, the Philippines and other countries.  It just seemed very un-patriotic.  It meant the loss of jobs that might have gone to Americans; and it was the first time that I found Apple doing it.

If I had purchased Apple stock at about $12 per share many years ago, I would have made out like a bandit.  If I had bought stock in Ford when it reached a low of $1.01 in November of 2008, which was not too long ago, I would done very well.  Ford has announced plans to hire more American workers; its new cars are great looking; and their quality is apparently superb.[3] Despite the fact that the U.S. may be in the “doldrums” for the rest of this decade, I have been pleased to tell friends and acquaintances that Ford is back, or so it seems, just like Apple came roaring back.  My first four cars were Fords, before I switched to foreign brands—with two Chevrolets thrown in—and it is nice to think about Ford once again and to have an American automaker to be proud of.  Lots of people are avoiding cars from Barack Obama’s “Government Motors” and Chrysler, and I share their views.

Whether it is a computer-related product or a car or almost anything else in life, there is a newfound pride in buying American that is surfacing in this country.  Will it result in harmful protectionism that sent the global economies into a tailspin during the 1930s?  I do not believe so because at the very least, complicated products like cars and computers often have parts that are made abroad.  However, as times get tougher, Americans and others may buy their own country’s products before turning abroad.  This is human nature; or their decisions may be dictated solely by price not sentiment.  Apple’s iPod and its computers are made in China, but even that might change—although it seems unlikely anytime soon.

In April of 2009, I wrote: “America and other nations are in uncharted waters [economically, politically, and in other ways]; and their politicians may face backlashes from disillusioned and angry constituents that are unprecedented in modern times.”[4] Even harder days are ahead, and politicians may experience electoral “bloodbaths.”  These will be years of taking stock, and of being thankful for the little things—for families and helping others.  The limits of hedonism, godless secularism, and paying homage to the false gods of materialism will become self-evident.  We may opt for simpler lives because we have to, and because we come to like and prefer a return to the basics.

When I decided that I wanted to work on Capitol Hill after spending two years in the Army, rather than rejoin a prestigious San Francisco law firm where I could make more money, I tried to get a job with then-U.S. Senator Alan Cranston from my home State of California.  To my surprise and disappointment, his staff was headed by a fellow from New York who apparently wanted to propel Cranston into the foreign policy arena, and was less interested in hiring Californians like me.  Hence, I pounded the Senate corridors and learned that then-U.S. Senator Edward W. Brooke—the first black senator since Reconstruction after the U.S. Civil War, with Barack Obama being the third—was hiring an attorney for the Senate Banking Committee.

I was hired by his chief of staff, Dr. Alton Frye, without ever having met the senator.  I was honored that a white man from California was working for a black man from Massachusetts, but that is how America works.  I went on to write the “Brooke Amendment” relating to public housing; and the national “Housing Allowance” that morphed into the Section 8 housing program, which has helped millions of Americans.  The nicest thing that some people might say about me is that I am “outspoken.”  Ed Brooke put it another way one day, when he said that I lacked “tact.”  Perhaps this is the beauty of being an American.  Each of us can speak our mind on any and every issue, without qualms about doing so.

I criticize President Obama regularly, often in scathing terms, but I almost voted for him.  Even though I disagree with almost everything he does, because I am much more conservative than he will ever be, I would prefer him any day of the week to a leader like Russia’s murderous dictator-for-life Putin.[5] Perhaps I will never forget the way Obama wrote lovingly about his mother and his maternal grandparents, “Toot” and “Gramps,” in his book “Dreams from My Father.”[6] Yet, after working in Washington, D.C. for 21 years nonstop, the one lesson I learned is that government does not work; and the Obama presidency is a shining example of that.  Only the Pentagon—where I spent two years as an Army Officer—and our military are remotely efficient and effective.  The rest of government is a vast “wasteland,”  even though there are good people working at all levels of government.

America is magnificent geographically, whether one thinks about the Grand Canyon, Yellowstone, Yosemite and other breathtaking parks, or its deserts, mountains, lakes, inland waterways and coastlines.  Its metropolitan areas are unparalleled, be it New York City or San Francisco, or thousands of cities and towns in between.  Its people are like a rainbow, with diversity undergirding all.  Its culture is rich because of the many cultures that have been blended into the American experience, which is unique in all the world.  Its belief systems are as varied as there are colors in the rainbow.  And its soul . . . ah yes, its soul . . . embraces the souls of more than 300 million people, woven together into a rich tapestry of life.

When we have decisions to make or feel that we are being called in a particular direction, our strength comes in putting our faith in God within and trusting the guidance we receive through prayer, intuition or love.  As individuals and as a country, we walk by faith not by sight.  Yes, America is great . . . from sea to shining sea—and deep in the Pacific where volcanic peaks of the Hawaiian Islands loom, and in the majestic northernmost reaches of Alaska’s tundra, and in the azure Caribbean too.  God blessed us beyond belief, although we take it for granted much of the time.  Everyone does.  This is human nature.  After all, we are not perfect.  Neither is America.  Only God is.[7]

© 2010, Timothy D. Naegele

Statue of Liberty


[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.philstockworld.com/2009/10/11/greenspan’s-legacy-more-suffering-to-come/ and http://seekingalpha.com/instablog/2951-ilene/31177-interview-with-timothy-d-naegele

[3] See, e.g., http://finance.yahoo.com/q/hp?s=F&a=00&b=3&c=2008&d=01&e=2&f=2010&g=m; see also http://www.ford.com/about-ford/news-announcements/press-releases/press-releases-detail/pr-ford-kicks-off-2010-with-24-31945 and http://online.wsj.com/mdc/public/page/2_3022-autosales.html#autosalesE

[4] See http://www.realclearpolitics.com/news/tms/politics/2009/Apr/08/euphoria_or_the_obama_depression_.html; see also http://www.americanbanker.com/issues/173_212/-365185-1.html

[5] Compare https://naegeleblog.wordpress.com/2010/01/20/the-end-of-barack-obama/ and https://naegeleblog.wordpress.com/2010/01/19/emp-attack-only-30-million-americans-survive/ and https://naegeleblog.wordpress.com/2010/01/01/barack-obama-america’s-second-emperor/ and https://naegeleblog.wordpress.com/2009/12/26/obama-in-afghanistan-doomed-from-the-start/ and https://naegeleblog.wordpress.com/2009/12/05/is-barack-obama-a-racist/ with https://naegeleblog.wordpress.com/2010/02/09/russias-putin-is-a-killer/

[6] See Obama, “Dreams from My Father” (paperback “Revised Edition,” published by Three Rivers Press, 2004), pp. xii (“[S]he was the kindest, most generous spirit I have ever known, and . . . what is best in me I owe to her”), 89 (“[Toot and Gramps] had sacrificed again and again for me.  They had poured all their lingering hopes into my success.  Never had they given me reason to doubt their love; I doubted if they ever would”), 343 (“I looked out the window, thinking about my mother, Toot, and Gramps, and how grateful I was to them—for who they were. . . .”); see also https://naegeleblog.wordpress.com/2009/12/05/is-barack-obama-a-racist/

[7] Some years ago, I had a law student from UCLA who worked for me as a law clerk doing research and legal writing.  He made a small mistake in a brief, but one that I considered important.  I jumped all over him.  He had worked in Saudi Arabia as an engineer before coming to law school; and he stopped me, and asked if I knew how the Saudis made Oriental rugs.

Some were made by hand and others by machines, he said, but in every case there was an intentional mistake inserted somewhere in each rug.  He asked if I knew why, and I said no.  He said the Saudis believed that only Allah—or God—is perfect; and of course I believed that too.  Since then, when I have jumped all over myself for making mistakes, or thought about criticizing others, I have recalled his story.  None of us are perfect.  Only God is.





The End Of Barack Obama

20 01 2010

By Timothy D. Naegele[1]

Democrat party hack and Bill Clinton sycophant, Lanny Davis, has the chutzpah to assert in a Wall Street Journal op-ed piece: “We liberals need to reclaim the Democratic Party.”[2] Davis defends Clinton today as he did during the former president’s impeachment saga, despite the fact that Clinton was and is the equivalent of Tiger Woods morally.  Davis and his ilk are the problem, not the solution.  He and Obama chief of staff, Rahm Emanuel, are birds of a feather.  They are the worst of the Democratic Party.

I began as a Democrat, yet I am proud to be an Independent today, as I have been for more than 20 years.  The ranks of Independents are growing dramatically with each election, as they abandon the Democratic Party.[3] It is people like Davis and Emanuel who have turned lots of us away from our former party.  He and his leftist Democrats do not represent us, and never did.  As Ronald Reagan said—who was a former Democrat too: “I didn’t leave the Democratic Party.  The party left me.”[4]

Davis has the gall to say: “[W]e allowed the party of Bill Clinton and Barack Obama to morph into the party of George McGovern.”  This is hypocrisy at its lowest. The party of Clinton and Obama is the party of McGovern.  While I did not vote for McGovern—and I never voted for his opponent either, Richard M. Nixon, even though I hail from his home state of California[5]—at least McGovern is a decent and honorable person, and I respect him.  For Davis to defame him simply underscores what a low-life Davis is.

The U.S. Senate triumph of Scott Brown in Massachusetts marked the beginning of the end of Barack Obama as an American politician.  Assuming the elections of 2010 and 2012 follow suit, the president is at best a lame duck. With the demise of ObamaCare, he will simply wait for the end of his presidency in January 2013, and little more—like Lyndon Johnson did as the elections of 1968 approached.  Both Obama and Johnson share the common heritage of failed presidencies and unwinnable wars, in Vietnam and Afghanistan.[6]

The “Change We Can Believe In” is the end of the Obama presidency. He has lied to us repeatedly, and he has deceived us—like Johnson and Bill Clinton did—and it is time for him to go.  The handwriting is on the wall: the Obama presidency is unsalvageable.  Its far-Left tenets are not in step with mainstream America.  The root causes of this lie with the president’s character and his core beliefs.  He is a disciple of the far-Left; and Weather Underground co-founder Bill Ayers and Rev. Jeremiah A. Wright Jr. are truly his “soul brothers.”  He has lied to us about them too. What most Americans care about, and believe in, are an anathema to these people.

There is nothing positive that Obama has done since he assumed the presidency; and things are likely to get a whole lot worse before he leaves office.  It has been said: “Jimmy Carter may be heading to #2 on the [list of] all-time worst presidents in American history, thanks to ‘O.’” This is an understatement.  When history is written, Barack Obama may be hated more than George W. Bush has been by the Democrats, more than Bill and Hillary Clinton have been hated by the Republicans, more than Nixon was hated by the Democrats, and even more than Johnson was hated by a broad swath of the American electorate . . . and the list goes on and on.  Obama may emerge as the most hated president in history.

Read (or reread) his book, “Dreams from My Father.”  The president’s beliefs are set forth in his own words, which were written before political “handlers” filtered those words for public consumption. He has never denounced what he wrote.[7] He grew up in Hawaii and Indonesia, and he does not share traditional American values.  With the election of Scott Brown, and the earlier election victories of Robert F. McDonnell and Chris Christie to the governorships of Virginia and New Jersey, the American people are saying no to Obama and the Democrats. Soon, it will be time to ride them out of town on a rail, politically.[8]

© 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://online.wsj.com/article/SB10001424052748703837004575013221708478134.html?mod=WSJ_hp_mostpop_read

Davis’ comments can be best understood by recognizing that he has been a consistent shill for the Clintons.  In his article, he may be simply staking out Hillary’s position vis-à-vis Obama in the elections to come.

[3] See, e.g., http://online.wsj.com/article/SB10001424052748704561004575013411330904680.html?mod=WSJ_hp_mostpop_read

[4] See, e.g., http://www.latimes.com/news/obituaries/la-reagan,1,2107723,full.story

[5] In later years, I came to admire the former president immensely though, as he demonstrated his mastery of foreign policy and other issues, both in his books and speeches.

[6] While I believe in and admire Generals David Petraeus and Stanley McChrystal, Afghanistan seems to be a morass politically and militarily.  Yet, I hope and pray that we can succeed in our efforts there, if for no other reason than the future of the courageous Afghan women.  See, e.g.https://naegeleblog.wordpress.com/2009/12/26/obama-in-afghanistan-doomed-from-the-start/

[7] See Barack Obama, “Dreams from My Father” (paperback “Revised Edition,” published by Three Rivers Press, 2004); see also https://naegeleblog.wordpress.com/2010/01/01/barack-obama-america’s-second-emperor/ and https://naegeleblog.wordpress.com/2009/12/26/obama-in-afghanistan-doomed-from-the-start/ and https://naegeleblog.wordpress.com/2009/12/05/is-barack-obama-a-racist/ and http://www.philstockworld.com/2009/10/11/greenspan’s-legacy-more-suffering-to-come/

[8] Last but not least, having written what amounts to a political obituary of Barack Obama, I am mindful of the fact that after his obituary was mistakenly published, Samuel Langhorne Clemens—better known by the pen name Mark Twain—sent a cable from London stating: “The reports of my death are greatly exaggerated.”








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