The U.S. Supreme Court Is A Tragic, Pathetic Joke

18 06 2019

 By Timothy D. Naegele[1]

The U.S. Supreme Court just issued its decision in Gamble v. United States, and “left the door open for state prosecutors to prosecute Trump campaign officials regardless of whether federal officials have already done so.”[2]  In his dissenting opinion, Justice Neil Gorsuch—President Trump’s first appointment to the Court—wrote: 

A free society does not allow its government to try the same individual for the same crime until it’s happy with the result. Unfortunately, the Court today endorses a colossal exception to this ancient rule against double jeopardy.  My colleagues say that the federal government and each State are “separate sovereigns” entitled to try the same person for the same crime. So if all the might of one “sovereign” cannot succeed against the presumptively free individual, another may insist on the chance to try again. And if both manage to succeed, so much the better; they can add one punishment on top of the other. But this “separate sovereigns exception” to the bar against double jeopardy finds no meaningful support in the text of the Constitution, its original public meaning, structure, or history. Instead, the Constitution promises all Americans that they will never suffer double jeopardy. I would enforce that guarantee.[3]

Our Supreme Court has been a tragic, pathetic joke for years, certainly since it blessed infanticide in Roe v. Wade—and the killing of more than 55 million American babies.[4]  Also, Chief Justice John Roberts constitutes the second worst decision that former President George W. Bush made during his eight-year presidency—other than the senseless Iraq War in which more than 5,000 Americans died and many more were maimed, and trillions of dollars were wasted, for nothing.[5]

Perhaps an editorial of The New York Sun described the Gamble decision best:

How is it possible that, after all the tumult over the Supreme Court, the only two justices to grasp the plain language of the Constitution in respect of double jeopardy are — wait for it — Neil Gorsuch and Ruth Bader Ginsburg? It’s amazing enough that there are but two sages for the bedrock prohibition on double jeopardy. More amazing still that the question unites the right- and left-most justices.

The case, known as Gamble v. U.S., involves an ex-con named Terance Martez Gamble. He was pulled over in a traffic stop in 2015 at Alabama. A gun was found in his possession in violation of both Alabama and American law. Gamble pled to the state charges and drew a year. Then the federales turned around and charged him again for the same offense, drawing additional time for the same deed.

The justices rejected his appeal in an opinion — by Justice Alito — that reminds us of President Clinton’s hemming about how it depends on what the meaning of “is” is. In this case, it depends on the meaning of the word “offense.” The justices reckon there were two offenses, one carrying the blasted gun in Alabama and the other the same gun at the same time in the United States. Could the United Nations also charge him?

. . .

Justice Thomas, sage of what Myron Magnet, in his new book, calls the “lost Constitution,” manages to concur with the majority’s ruling against Gamble while attacking stare decisis. The ink wasn’t even dry on his concurrence when the press started warning that Justice Thomas was — yet again — prepping the ground for overturning Roe v. Wade. Others were more focused on the implications of Gamble for Paul Manafort.

New York, after all, is preparing to bring charges against President Trump’s former campaign manager even while Manafort sits in the Big House hoping for a pardon on federal charges. It’s not so clear, though, that New York will throw at Manafort the same charges Mr. Mueller levied. To discern differences between the federal and state cases against Gamble, though, one would need an electron microscope.

Our own interest in this case is neither stare decisis nor Paul Manafort nor Ms. Roe nor Mr. Wade. It is the plain language of the Fifth Amendment, where the prohibition against double jeopardy is laid down. Our national parchment was supposed to be a bar against such injustices as the state appealing acquittals or the law chasing someone from one court to another.

This is beautifully marked by both Justices Ginsburg and Gorsuch in two dissents. Justice Ginsburg, citing precedent about the separateness of federal and state laws, warned of “frittering away” Gamble’s liberty “upon a metaphysical subtlety, two sovereignties.” Thundered Justice Gorsuch: “A free society does not allow its government to try the same individual for the same crime until it’s happy with the result.”

It is not our intention to suggest that there can never be, say, a federal prosecution after a state acquittal. During the Jim Crow era, southern juries often ignored the facts. In those cases, though, the argument would be, and was, that the accused racists were never in genuine jeopardy in the first place. That is not what happened in the case of Terance Gamble.

All the more inspiring that the two dissenting judges from opposite ideological ends of the bench came together on this bedrock. It doesn’t suggest the confirmation battles are about nothing. It does remind all of us not to panic. The thinness of the vapors at the altitude where these justices breathe makes it hard to predict how they will behave. History teaches that great dissents have a way of getting vindicated over time.[6]

We can only hope that Justice Gorsuch’s dissenting opinion becomes the law of the land, which is not very promising given the 7-2 ruling—or for Paul Manafort and others who tried to help President Trump and may be caught in the insidious web of double jeopardy.  We have to thank our Supreme Court again for the perpetuation (or creation) of tragic injustices.[7] 

 

 

© 2019, 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 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 Timothy D. Naegele Resume-19-4-29). He has an undergraduate degree in economics from the University of California, Los Angeles (UCLA), as well as two law degrees from the School of Law (Boalt Hall), University of California, Berkeley, and from Georgetown University. 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 (see, e.g., https://en.wikipedia.org/wiki/Commendation_Medal#Joint_Service). 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

[2]  See https://www.thedailybeast.com/scotus-reaffirms-double-jeopardy-exception-allowing-trump-campaign-officials-to-be-tried-by-state-feds (“Supreme Court Reaffirms ‘Double Jeopardy’ Exception With Mueller Probe Implications”—”The U.S. Supreme Court on Monday reaffirmed a 170-year-old exception to the Constitution’s double-jeopardy clause, and left the door open for state prosecutors to prosecute Trump campaign officials regardless of whether federal officials have already done so. The case, Gamble v. United States, has drawn attention for its potential effect on Special Counsel Robert Mueller’s federal prosecutions on Russian interference in the 2016 election. Had the ‘dual sovereignty doctrine’ been repealed, states would not be able to pursue investigations parallel to the federal government. . . . State prosecutors in New York have brought charges against former Trump campaign chairman Paul Manafort Jr., who was sentenced to seven and a half years in prison, in the event that President Trump pardons him”).

[3]  See Gamble v. United States, p. 64 (emphasis added), by clicking on the following link: https://naegeleblog.files.wordpress.com/2019/06/gamble-ussc-decision.pdf (or by downloading the decision).

[4] See https://naegeleblog.wordpress.com/2012/12/20/abortions-and-autos-kill-more-in-america-than-guns/#comment-17243 (“Finally, More Abortion Bans Are Coming”—”Roe v. Wade unleashed a holocaust of epic proportions, which ranks with the greatest holocausts in human history—including the Nazi Holocaust, Stalin’s Soviet Holocaust and Mao’s Chinese Holocaust. Indeed, more human beings have been killed as a result of abortions—since the U.S. Supreme Court handed down its decision in 1973—than in each of the other three holocausts”).

[5] See, e.g., http://www.wsj.com/articles/trump-and-the-mexican-judge-1465167405 (“[President] Obama . . . contributed to the Democratic intimidation campaign against Chief Justice John Roberts ahead of the 2012 ObamaCare ruling. ‘I’m confident that the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress,’ the President said at an April 2012 press conference. The Chief Justice ruled as the President recommended”); https://www.bloomberg.com/news/articles/2019-03-01/hold-the-revolution-roberts-keeps-joining-high-court-liberals (“Roberts Keeps Joining High Court Liberals”)

[6] See https://www.nysun.com/editorials/ginsburg-gorsuch-and-gamble/90732/ (“Ginsburg, Gorsuch — and Gamble“) (emphasis added).

[7] See https://naegeleblog.wordpress.com/2013/07/15/justice-and-the-law-do-not-mix/ (“Justice And The Law Do Not Mix”—”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”); see also https://www.foxnews.com/politics/supreme-court-ruling-deals-potential-blow-to-paul-manafort-as-he-battles-state-charges (“Supreme Court ruling deals potential blow to Paul Manafort as he battles state charges”) and https://www.nytimes.com/2019/06/17/nyregion/manafort-rikers.html (“Paul Manafort Seemed Headed to Rikers. Then the Justice Department Intervened”).





The Chicken-Hearted Neanderthals In The GOP

14 06 2019

 By Timothy D. Naegele[1]

In an article entitled “Russiagate Is No Watergate,” Pat Buchanan—an adviser to Presidents Richard Nixon, Ronald Reagan and Gerald Ford, and a former GOP presidential aspirant himself—has written:

“History is repeating itself, and with a vengeance,” John Dean told the judiciary committee, drawing a parallel between Watergate, which brought down Richard Nixon, and “Russiagate” which has bedeviled Donald Trump.

But what strikes this veteran of Nixon’s White House is not the similarities but the stark differences.

Watergate began with an actual crime, a midnight break-in at the offices of the DNC in June 1972 to wiretap phones and filch files, followed by a cover-up that spread into the inner circles of the White House.

Three years after FBI Director James Comey began the investigation of Trump, however, the final report of his successor, Robert Mueller, found there had been no conspiracy, no collusion and no underlying crime.

How can Trump be guilty of covering up a crime the special counsel says he did not commit?

And the balance of power today in D.C. is not as lopsided as it was in 1973-1974.

During Watergate, Nixon had little support in a city where the elites, the press, the Democratic Congress and the liberal bureaucracy labored in earnest to destroy him. Nixon had few of what Pat Moynihan called “second and third echelons of advocacy.”

Contrast this with Trump, a massive presence on social media, whose tweets, daily interactions with the national press and rallies keep his enemies constantly responding to his attacks rather than making their case.

Trump interrupts their storytelling. And behind Trump is a host of defenders at Fox News and some of the top radio talk show hosts in America.

There are pro-Trump websites that did not exist in Nixon’s time, home to populist and conservative columnists and commentators full of fight.

Leftists may still dominate mainstream media. But their unconcealed hatred of Trump and the one-sided character of their coverage has cost them much of the credibility they had half a century ago.

The media are seen as militant partisans masquerading as journalists.

Consider the respective calendars.

Two years after the Watergate break-in, Nixon was near the end, about to be impeached by the House with conviction possible in the Senate.

Three years into Russiagate, 3 in 4 House Democrats do not want their caucus to take up impeachment. Many of these Democrats, especially moderates from swing districts, do not want to cast a vote to either bring down or exonerate the president.

Assume the House did take up impeachment. Would all the Democrats vote aye? Does anyone think a Republican Senate would deliver the needed 20 votes to provide a two-thirds majority to convict and remove him?

For a Republican Senate to split asunder and vote to expel its own Republican president who is supported by the vast majority of the party would be suicidal. It could cost the GOP both houses of Congress and the White House in 2020. Why would Republicans not prefer to unite and fight to the end, just as Senate Democrats did during the Clinton impeachment?

Trump’s support in the Republican caucus in the Senate today is rock solid. Speaker Nancy Pelosi is herself opposed to impeachment hearings in the House, considering them ruinous to her party’s hopes of maintaining control in 2020.

When Dean went before the Watergate committee of Sen. Sam Ervin in 1973, all five days of his testimony were carried live on ABC, CBS and NBC.

When Dean appeared Monday, the three cable news networks swiftly dropped coverage of the judiciary committee hearings to report on a helicopter crash in mid-Manhattan. Dean’s testimony could be seen on C-SPAN3.

Much of America is bored by the repetitive, nonstop media attacks on Trump, and look on the back-and-forth between left and right not as a “constitutional crisis” but as a savage battle between parties and partisans.

The impeachers who seek to bring down Trump face other problems.

Now that Mueller has spent two years and found no evidence of a Trump-Putin conspiracy to hack the emails of the DNC and Clinton campaign, questions have arisen as to what the evidence was that caused the FBI to launch its unprecedented investigation of a presidential campaign and a newly elected president.

Did an anti-Trump cabal at the apex of the FBI and U.S. security agencies work with foreign intelligence, including former British spy Christopher Steele, to destroy Trump?

The political dynamic of Trump’s taunts and defiance of the demands of committee chairs in a Democratic House, and the clamor for impeachment from the Democratic and media left are certain to produce more calls for hearings.

But if the impeachment hearings come, they will be seen for what they are: An attempted coup to overthrow a president by the losers of 2016 who are fearful they could lose again in 2020 and be out of power for four more years.

Russiagate is not Watergate, but there is this similarity:

Nixon and Trump are both the objects of a truly great hatred.[2]

Some of us lived through Watergate, as Pat Buchanan did.  He was working in the Nixon White House, while I was leaving Capitol Hill and the U.S. Senate for the private practice of law in downtown Washington, D.C.   Today, as in the case of Nixon, the chicken-hearted Neanderthals in the GOP may be Donald Trump’s Achilles’ heel.[3]

The un-American, traitorous, racist, anti-Semite Barack Obama was and is hated by vast swaths of the American people; and he should be in prison today—at the very least—for trying to destroy the Trump candidacy and then presidency.[4]  But none of his true haters tried to destroy either Obama or his presidency.

Indeed, he beat the now-Massachusetts-to-Utah carpetbagger Mitt Romney and his running mate, the RINO Paul Ryan, fair and square.  This may among the reasons why both have opposed President Trump at essentially every juncture. He did what neither of these historical losers could ever do: WIN.  They will be ciphers in American history, if that much.  Like Abraham Lincoln before him, Trump will not be.[5]

Will the future yield “Watergate II,” and will the Trump presidency be destroyed just like the Nixon presidency was?  Traitors like John Dean are being given the time of day; the so-called “mainstream media” is on the warpath again, bent on bringing down this presidency too.  And the spineless, feckless GOP may not support Donald Trump in the final analysis.

But unlike Nixon, Trump has an “army” of true believers, which spans this great nation, except for the bastions of Leftists on our East Coast and “Left coast.”  And as long as our President’s health remains excellent, it is likely that he and his presidency will survive and truly flourish through his second term in office—which will end in January of 2025.

Lots of us certainly hope and pray that this is so.  And yes, many of us began as Democrats, but will never vote for one again—especially in light of the mental midgets of the far-Left who are running against our President.[6]

 

GOP Establishment Neanderthals

 

© 2019, 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 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 Timothy D. Naegele Resume-19-4-29). He has an undergraduate degree in economics from the University of California, Los Angeles (UCLA), as well as two law degrees from the School of Law (Boalt Hall), University of California, Berkeley, and from Georgetown University. 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 (see, e.g., https://en.wikipedia.org/wiki/Commendation_Medal#Joint_Service). 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

[2]  See https://buchanan.org/blog/russiagate-is-no-watergate-137152

[3]  See, e.g., https://en.wikipedia.org/wiki/Achilles’_heel (“Achilles’ heel”)

[4]  See, e.g., https://naegeleblog.wordpress.com/2009/12/05/is-barack-obama-a-racist/ (“Is Barack Obama A Racist?”) and https://naegeleblog.wordpress.com/2018/05/24/should-barack-obama-be-executed-for-treason/ (“Should Barack Obama Be Executed For Treason?”) and https://naegeleblog.wordpress.com/2017/10/20/the-real-russian-conspiracy-barack-obama-the-clintons-and-the-sale-of-americas-uranium-to-russias-killer-putin/ (“The Real Russian Conspiracy: Barack Obama, The Clintons, And The Sale Of America’s Uranium To Russia’s Killer Putin”) and https://naegeleblog.wordpress.com/2014/01/06/ariel-sharon-is-missed/#comment-12626 (“DEMOCRATS ARE ANTI-SEMITES”) and https://naegeleblog.wordpress.com/2015/01/03/edward-w-brooke-is-dead/ (“Edward W. Brooke Is Dead”)

[5]  See, e.g., https://naegeleblog.wordpress.com/2017/05/16/americas-newest-civil-war-2017-and-beyond/ (“America’s Newest Civil War: 2017 And Beyond”)

[6]  See, e.g., https://naegeleblog.wordpress.com/2019/04/29/the-democrats-are-evil-but-smart-while-the-republicans-are-neanderthals-and-dumb/ (“The Democrats Are Evil But Smart, While The Republicans Are Neanderthals And Dumb”) and https://naegeleblog.wordpress.com/2019/04/18/the-mueller-report-a-monumental-travesty/ (“The Mueller Report: A Monumental Travesty”) and https://naegeleblog.wordpress.com/2019/03/24/the-mueller-witch-hunt-is-over/ (“The Mueller Witch Hunt Is Over”) and https://naegeleblog.wordpress.com/2019/02/06/the-state-of-our-union-2019/ (“The State Of Our Union, 2019”) and https://naegeleblog.wordpress.com/2018/07/29/it-is-time-for-trump-supporters-to-fight-back/ (“It Is Time For Trump Supporters To Fight Back”) and https://naegeleblog.wordpress.com/2018/07/20/the-american-lefts-feeding-frenzy/ (“The American Left’s Feeding Frenzy”) and https://naegeleblog.wordpress.com/2018/05/06/what-atrocities-did-robert-mueller-commit-in-vietnam/ (“What Atrocities Did Robert Mueller Commit In Vietnam?”) and https://naegeleblog.wordpress.com/2018/03/11/robert-mueller-should-be-executed-for-treason/ (“Robert Mueller Should Be Executed For Treason”) and https://naegeleblog.wordpress.com/2017/05/16/americas-newest-civil-war-2017-and-beyond/ (“America’s Newest Civil War: 2017 And Beyond”)





The Brooke Amendment And Section 8 Housing: Revisited

7 05 2019

 By Timothy D. Naegele[1]

This is the title of my newest law review article[2] that discusses the landmark laws enacted by Congress: the “Brooke Amendment” with respect to public housing, and the “Section 8” housing program that was intended to extend the benefits of the Brooke Amendment to housing wherever it is located. Put succinctly, the Brooke Amendment capped the payment of rent at twenty-five percent of a person’s income, with the federal government paying the difference; and it provided funds to improve public housing, and to assure the safety of its residents.

Section 8 was envisioned as giving “vouchers” to those who qualified for public housing, and permitting them to find housing anywhere, with the federal government subsidizing their rents when the twenty-five-percent-of-income threshold was passed. Taken together, the Brooke Amendment and Section 8 were America’s answer to the needs of decent housing for its poor. Today, there are two million voucher families.[3]

The United States has an unenviable record of providing affordable housing for its poor, much less for the poorest of the poor—America’s homeless. They have lived on the streets and wherever they could find shelter; and they have been shunned as “lepers” and cast aside to fend for themselves. Many have been and are in desperate need of mental health care and treatment; and they are not far removed from the poor of Calcutta, who have been chronicled down through the decades.

This is particularly true of the elderly, disabled and families with young children, who have slipped through the “cracks” and the societal “safety nets,” to the extent that such protections still exist. However, the elderly of the Boston area were singled out for humane, dignified and uplifting treatment and protection in the late 1960s and early 1970s, when work began by Senator Edward W. Brooke and me in the U.S. Congress—through its two banking committees—to address their plight.

Since then, billions of dollars have been expended, and millions of poor Americans have been helped, which tragically has only scratched the surface—as the numbers of chronically poor and those who are unable to afford private rents continue to rise in the United States. The ever-accelerating cost of housing, and the short supply of existing affordable housing units, have priced many Americans with even good jobs out of decent housing across America, in such areas as “Silicon Valley” (or the San Francisco Bay Area).

They have lived in campers, recreational vehicles (“RVs”) or wherever they could find to sleep. The effects on the poorest of the poor—those farther down the economic totem pole—have been catastrophic, especially in those areas of the United States where inclement weather is a major factor. Many have died, or been victimized, as homeless shelters have been inadequate or closed entirely for various reasons (e.g., funding and/or staffing shortages) in areas where they are needed the most.

Yesterday’s problems are compounded by staggering mental health issues relating to America’s poor and homeless; violent gang activities such as MS-13; dilapidated public housing projects, which may not be helped by the infusion of more federal funds; Social Security retirement benefits that have not kept pace with the costs of food, housing and the medical needs of America’s elderly poor; the influx of illegal immigrants from other countries, who have few discernible skills and nowhere to live; the shortage of qualified professional staff members who can deal effectively with such problems and challenges, and truly make a positive difference; and the increasing demand by most Americans for affordable housing, which has outstripped the available supply.

One size does not fit all. What works in one community may not work in another. And simply throwing money at the staggering problems might not be any solution at all. U.S. taxpayers may say “enough is enough,” and they might be right—at least with respect to their own self-interests. Money cannot be wasted if federal housing programs are to enjoy broad support from the American people. The tasks today are daunting, but the United States and Americans have risen to the challenges of the past, and may be expected to do so in the future.

 

Ed Brooke

[Senator Edward W. Brooke (1919-2015)]

 

© 2019, 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 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 Timothy D. Naegele Resume-19-4-29). He has an undergraduate degree in economics from the University of California, Los Angeles (UCLA), as well as two law degrees from the School of Law (Boalt Hall), University of California, Berkeley, and from Georgetown University. 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 (see, e.g., https://en.wikipedia.org/wiki/Commendation_Medal#Joint_Service). 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

[2]  See Timothy D. Naegele [NOTE: To download The Banking Law Journal article, “The Brooke Amendment And Section 8 Housing: Revisited,” please click on the link to the left of this note]; see also https://naegeleblog.wordpress.com/2015/01/03/edward-w-brooke-is-dead/ (“Edward W. Brooke Is Dead”) and https://en.wikipedia.org/wiki/Edward_Brooke (“Edward Brooke”)

[3]  But see https://crosscut.com/2019/04/despite-new-law-landlords-continue-turn-away-applicants-section-8-vouchers (“Despite new law, landlords continue to turn away applicants with Section 8 vouchers”) and https://laist.com/2019/04/10/la_wants_to_stop_landlords_from_rejecting_low-income_housing_vouchers.php (“LA Wants To Stop Landlords From Rejecting Section 8 Vouchers”) and https://www.scpr.org/news/2019/04/12/89035/la-considers-prohibiting-landlords-from-rejecting/https://www.scpr.org/news/2019/04/12/89035/la-considers-prohibiting-landlords-from-rejecting/ (“LA considers prohibiting landlords from rejecting housing assistance vouchers”—”Nearly half of the people getting a Section 8 voucher in L.A. will end up losing it because they can’t find any landlords who will rent to them”) and https://www.latimes.com/opinion/editorials/la-ed-section-8-discrimination-law-homeless-20190419-story.html (“End Section 8 housing discrimination”—”[A]t a time when cities and counties are increasingly relying on vouchers to help reduce homelessness, many landlords won’t even consider leasing to tenants whose rent would be paid, in whole or in part, by the government. The problem is particularly acute in cities with high rents and low vacancies. In Los Angeles, nearly half the people trying to use a Section 8 voucher had it expire in 2017 before they could find a place to live, up from 18% in 2011. Several cities, including San Diego, San Jose and San Francisco, have already banned discrimination against tenants with Section 8 and other housing vouchers.  . . . But California can’t end housing discrimination on a city-by-city basis. State lawmakers need to go further and pass Senate Bill 329, which would enact the ban statewide.  . . . Landlords argue that high denial rates aren’t driven by discrimination but by the paperwork, inspections and restrictions that come with rental subsidy programs. For example, it’s hard to raise the rent, even modestly, on voucher tenants. Plus, they note, the supposed “market rent” the federal government is willing to cover is often too low in California’s overheated markets, where the bigger problem is a lack of affordable housing units”) and https://www.bostonherald.com/2019/04/25/boston-receives-1000-housing-vouchers-for-homeless/ (“Boston receives 1,000 housing vouchers for homeless”) and https://wpdh.com/ny-landlords-cant-discriminate-against-section-8-anymore/ (“NY Landlords Can’t Discriminate Against Section 8 Anymore”) and https://www.wbez.org/shows/wbez-news/more-section-8-vouchers-in-chicagos-black-neighborhoods-than-a-decade-ago/e461cdf4-22d1-45bd-9522-e0983c2d1c08 (“Chicago’s Section 8 Vouchers Increasing In Black Communities, Declining In White Neighborhoods”) and https://dc.curbed.com/2019/5/9/18538152/dc-nonprofit-fair-housing-law-online-course (“D.C. nonprofit offers online fair housing course designed to prevent discrimination by landlords”)





The Democrats Are Evil But Smart, While The Republicans Are Neanderthals And Dumb

29 04 2019

 By Timothy D. Naegele[1]

The title of this article is the conclusion that I reached when I was leaving the U.S. Senate, after having worked with both American political parties for years.[2]  As I wrote several months after this blog began in December of 2009:

Politically, I am an Independent, and have been for several decades, since leaving the U.S. Senate where I witnessed firsthand the shortcomings of both major political parties. I was a member of the National Democratic Club and the National Republican Club of Capitol Hill, simultaneously. I felt it was good business to entertain our clients and others at whichever club they preferred, and I felt comfortable at both of them. In fact, when I worked in the Senate, there was a spirit of bipartisanship and congeniality in both the Senate and House, which I believed was healthy and beneficial for the country.[3]

Many in the GOP are pathetically weak and spineless today.  Some are “RINOS,” or “Republicans In Name Only,”[4] like the despicable Paul Ryan and his running mate, the carpetbagger Mitt Romney.[5]  Lots of us voted for them, inter alia, because the alternative was the racist, anti-Semite Barack Obama.[6]  Many more of us have been Trump supporters from the beginning; and we have watched the treasonous pattern of misconduct unfolding, perpetrated by Obama and others—like peeling skins off an onion, one by one.[7]

Our great nation is at a critical juncture in its history, and seems poised on the edge of its second Civil War.[8]  And there are threats from adversaries globally, who may seek to destroy our great nation and kill most Americans.  No, these are not radical or crazy statements or fantasies:

Launched from a barge off the U.S. coast, an EMP attack consisting of one nuclear warhead attached to a single missile might shut down much of the country and kill all except 30 million Americans. Such an attack has been described as “a ‘giant continental time machine’ that would move us back more than a century in technology to the late 1800s”—and effectively destroy our great nation.[9]

I never realized fully how much President Donald Trump is hated until I attended a college reunion recently, where the lovely wife of a dear college friend shared her feelings with me.  It was like the mood changed from cordial to “icy” within the blink of an eye, when I told her that I was a Trump supporter—and that I began as a Democrat, but would never vote for one again.

In a very real sense, Donald Trump is America’s first Independent President. Thus, he garners detractors from both ends of the political spectrum (e.g., “Trump derangement syndrome”).[10]  Also, people in other countries have hated American “brashness” for decades, and are repulsed by it; and then there are our adversaries and enemies.  Some detractors and their countries have been living off the United States’ financial and military largesse—or the “dole”—and do not want to have it end.

Perhaps an editorial of The New York Sun puts the future American political climate in stark relief:

The showdown that is brewing between Attorney General William Barr and the House Judiciary Committee poses enormous dangers for President Trump. It might not look that way at first blush. The feud, after all, is ostensibly over the terms under which Mr. Barr is to testify before the House about the report from the special prosecutor, Robert Mueller. It has yet to ripen into a formal impeachment proceeding.

Mr. Barr might be able to win this fight. He is merely resisting the idea that he is to be questioned not only by the honorable congresspersons but also by lawyers for the committee. It looks to us like he should never have agreed to share the Mueller report with the Congress in the first place. It’s an internal executive branch document. Even so he might be able to prevail against the House.

Particularly because of the Holder precedent. Mr. Holder is the only attorney general in history to have defied a congressional subpoena and to be found in contempt. Not just any nickel-plated civil contempt but criminal contempt of Congress. President Obama’s Justice Department balked at prosecution, and Mr. Holder walked. He claims to have been embarrassed, but he’s a free man.

Mssrs. Trump and Barr might be able to get away with that. We’re not inclined to draw a lot of distinctions between the goose and the gander. If what’s going on in the House ripens into an impeachment investigation, though, all bets are off. That’s because of distinctions that have been drawn in our republic all the way back to Presidents George Washington and James Polk.

Both Washington and Polk acknowledged that once an impeachment process is started, the House becomes essentially irresistible. A study in 2001 by the Congressional Research Service recalls the fight over the Jay Treaty that President Washington struck with Britain. Washington denied the House access to his papers, saying they could be legitimately requested only in a case of impeachment.

President Polk, CRS reported, went further. He said that in an impeachment, “the power of the House” would “penetrate into the most secret recesses of the Executive Department. It could command the attendance of any and every agent of the Government, and compel them to produce all papers, public or private, official or unofficial, and to testify on oath to all facts within their knowledge.”

Plus, too, mark this: Refusal to comply with a subpoena is charge that was laid against President Nixon in the third of the articles of impeachment voted out by the Judiciary Committee in 1974. Article Three charged that Nixon had “failed without lawful cause or excuse to produce papers and things as directed by duly authorized subpoenas issued by the Committee on the Judiciary.”

In the case of Nixon, the House never sent articles of impeachment to the Senate. Instead, Republicans in the Senate panicked and sent a delegation to the White House to tell Nixon they were going to vote against him. It was a shocking default by weak senators. It would be as if jurors, acting before charges were handed up, told the suspect to plead guilty. It did, though, precipitate Nixon’s resignation.

We’re not suggesting Mr. Trump should be impeached. He has been cleared of the underlying charge of colluding with the Russ camarilla. The obstruction being investigated is, at best, ambiguous. That doesn’t mean, though, that the president is out of danger. Once the House moves to a formal impeachment proceeding, the constitutional afterburners kick in and Mr. Trump could easily be bound over to a trial in the Senate.[11]

Regardless of exactly how future events unfold, having lived through Watergate—beginning just before, and culminating after I left the U.S. Senate—the human toll and national tragedy that might befall Americans and our great nation again cannot be minimized, underestimated or appreciated fully.  And yes, our enemies globally are salivating.

This was all unleashed by Barack Obama, Robert Mueller and others, who must pay the ultimate price for their treasonous conduct.  Unless and until this happens, no American should believe in our legal system—or that justice exists in the United States—ever again.[12]

 

Ban Robert Mueller copy

 

© 2019, 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 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 Timothy D. Naegele Resume-19-4-29). He has an undergraduate degree in economics from the University of California, Los Angeles (UCLA), as well as two law degrees from the School of Law (Boalt Hall), University of California, Berkeley, and from Georgetown University. 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 (see, e.g., https://en.wikipedia.org/wiki/Commendation_Medal#Joint_Service). 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

[2]  See, e.g., https://naegeleblog.wordpress.com/2019/02/06/the-state-of-our-union-2019/#comment-16133 (“The Real Scandal Of The Trump Presidency Unravels”) and https://naegeleblog.wordpress.com/2017/10/20/the-real-russian-conspiracy-barack-obama-the-clintons-and-the-sale-of-americas-uranium-to-russias-killer-putin/ (“The Real Russian Conspiracy: Barack Obama, The Clintons, And The Sale Of America’s Uranium To Russia’s Killer Putin“) and https://naegeleblog.wordpress.com/2018/05/24/should-barack-obama-be-executed-for-treason/ (“Should Barack Obama Be Executed For Treason?“)

[3]  See https://naegeleblog.wordpress.com/about/#comment-861 (“What Is This Blog All About?”)

[4]  See https://en.wikipedia.org/wiki/Republican_In_Name_Only (“Republican In Name Only”)

[5]  Romney was Massachusetts’ governor.  Then he switched, and became Utah’s U.S. Senator.

See, e.g., https://naegeleblog.wordpress.com/2019/02/06/the-state-of-our-union-2019/#comment-16193 (“Republican Neanderthals”) and https://naegeleblog.wordpress.com/2018/07/29/it-is-time-for-trump-supporters-to-fight-back/#comment-15494 (“Paul Ryan: The GOP’s Devil Incarnate”)

[6]  See, e.g., https://naegeleblog.wordpress.com/2009/12/05/is-barack-obama-a-racist/ (“Is Barack Obama A Racist?”) (see also the extensive comments beneath the article) and https://naegeleblog.wordpress.com/2018/05/24/should-barack-obama-be-executed-for-treason/ (“Should Barack Obama Be Executed For Treason?”) and https://naegeleblog.wordpress.com/2014/01/06/ariel-sharon-is-missed/#comment-12626 (“DEMOCRATS ARE ANTI-SEMITES”)

[7]  See, e.g., https://naegeleblog.wordpress.com/2015/12/11/boycott-the-gop-and-ignore-foreign-naysayers/ (“Boycott The GOP And Ignore Foreign Naysayers“) and https://naegeleblog.wordpress.com/2017/01/04/the-president-and-first-lady/ (“The President And First Lady“) and https://naegeleblog.wordpress.com/2017/05/16/americas-newest-civil-war-2017-and-beyond/ (“America’s Newest Civil War: 2017 And Beyond“) and https://naegeleblog.wordpress.com/2017/10/20/the-real-russian-conspiracy-barack-obama-the-clintons-and-the-sale-of-americas-uranium-to-russias-killer-putin/ (“The Real Russian Conspiracy: Barack Obama, The Clintons, And The Sale Of America’s Uranium To Russia’s Killer Putin“) and https://naegeleblog.wordpress.com/2018/03/11/robert-mueller-should-be-executed-for-treason/ (“Robert Mueller Should Be Executed For Treason“) and https://naegeleblog.wordpress.com/2018/05/06/what-atrocities-did-robert-mueller-commit-in-vietnam/ (“What Atrocities Did Robert Mueller Commit In Vietnam?“) and https://naegeleblog.wordpress.com/2018/05/24/should-barack-obama-be-executed-for-treason/ (“Should Barack Obama Be Executed For Treason?“) and https://naegeleblog.wordpress.com/2018/06/15/the-department-of-injustices-inspector-general-is-complicit-in-the-deep-state-cover-up/ (“The Department Of Injustice’s Inspector General Is Complicit In The Deep-State Cover-Up!“) and https://naegeleblog.wordpress.com/2018/07/20/the-american-lefts-feeding-frenzy/ (“The American Left’s Feeding Frenzy“) and https://naegeleblog.wordpress.com/2018/07/29/it-is-time-for-trump-supporters-to-fight-back/ (“It Is Time For Trump Supporters To Fight Back“) and https://naegeleblog.wordpress.com/2018/09/17/has-jeff-sessions-harmed-america-irreparably/ (“Has Jeff Sessions Harmed America Irreparably?“)

[8]  See, e.g., https://naegeleblog.wordpress.com/2017/05/16/americas-newest-civil-war-2017-and-beyond/#comment-17018 (“The Second American Civil War”)

[9]  See https://naegeleblog.wordpress.com/2010/01/19/emp-attack-only-30-million-americans-survive/ (“EMP Attack: Only 30 Million Americans Survive”) (footnote omitted); see also https://naegeleblog.wordpress.com/2019/04/18/the-mueller-report-a-monumental-travesty/#comment-16961 (“Media Madness Is Crippling America”) and https://naegeleblog.wordpress.com/2019/03/24/the-mueller-witch-hunt-is-over/#comment-16628 (“White House Warns of Nation-Ending EMP Attacks On USA”) and https://naegeleblog.wordpress.com/2010/12/22/the-next-major-war-korea-again/#comment-16203 (“While The Democrats Seek To Destroy President Trump, He Tries To End The Threat To Americans Of A North Korean Nuclear Holocaust”) and https://naegeleblog.wordpress.com/2010/01/19/emp-attack-only-30-million-americans-survive/#comment-15839 (“Will The United States And Israel Cease To Exist?”) and https://naegeleblog.wordpress.com/2010/01/19/emp-attack-only-30-million-americans-survive/#comment-15354 (“Military Warns EMP Attack Could Wipe Out America, Democracy, World Order”) and https://naegeleblog.wordpress.com/2015/11/29/the-death-of-putin-and-russia-the-final-chapter-of-the-cold-war/#comment-14472 (“America’s Politicians Fret Over Russia And Our Elections, Instead Of Real Threats To Our Power Grid”) and https://naegeleblog.wordpress.com/2010/01/19/emp-attack-only-30-million-americans-survive/#comment-12535 (“North Korea Won The Battle Against America’s EMP Commission”) and https://naegeleblog.wordpress.com/2010/01/19/emp-attack-only-30-million-americans-survive/#comment-11760 (“We Must Move NOW To Protect America’s Power Grid From A Nation-Ending EMP Attack!”) and https://naegeleblog.wordpress.com/2010/12/22/the-next-major-war-korea-again/#comment-10807 (“South Korean Banks Brace For EMP Attack”)

[10]  See, e.g., https://en.wikipedia.org/wiki/Trump_derangement_syndrome (“Trump derangement syndrome”)

[11]  See https://www.nysun.com/editorials/trump-is-entering-the-danger-zone/90664/ (“Trump Is Entering the Danger Zone”)

[12]  See, e.g., https://naegeleblog.wordpress.com/2019/04/18/the-mueller-report-a-monumental-travesty/ (“The Mueller Report: A Monumental Travesty”)





China Is America’s Enemy: Make No Mistake About That

13 01 2011

By Timothy D. Naegele[1]

While it would certainly be nice to think of China as a benign, friendly, democratic nation, if not an ally of the United States—which makes the computers and cellphones that Americans use, and provides most of the products sold in Walmart stores—the fact is that China is our enemy, now and in the future.  A failure to recognize this fact has serious national security implications for our great nation.  Those who cavalierly dismiss this and similar assessments, as nothing more than the rantings of “Cold Warriors,” may be condemned to repeat and relive the world wars of the past.

Does this mean that we will be in a shooting war with China any time soon, or that we should gird for war in the future?  No, but it means that we must maintain and strengthen our military might, and do nothing to diminish it.  We face deadly challenges elsewhere in the world too: for example, from North Korea, Iran, Russia and terrorists.  However, we must never underestimate the threat from China, America’s rising Asian rival globally.  Among other things, there is a “disconnect” between China’s civilian and military leaderships, which may grow dramatically—and it does not bode well for the future.

As the Wall Street Journal reported:

China conducted the first test flight of its stealth fighter just hours before U.S. Defense Secretary Robert Gates sat down with President Hu Jintao here to mend frayed relations, undermining the meeting and prompting questions over whether China’s civilian leadership is fully in control of the increasingly powerful armed forces.[2]

In early 2001, at the beginning of George W. Bush’s presidency, China’s military tested his metal by forcing down one of our spy planes near the island of Hainan. There were serious questions raised then—as they are being raised now—about whether China’s civilian leadership was fully in control of the country’s military.

Also, the New York Times had a fine article recently, which stated in part:

Older Chinese officers remember a time, before the Tiananmen Square protests in 1989 set relations back, when American and Chinese forces made common cause against the Soviet Union.

The younger officers have known only an anti-American ideology, which casts the United States as bent on thwarting China’s rise.

. . .

Chinese military men, from the soldiers and platoon captains all the way up to the army commanders, were always taught that America would be their enemy.[3]

Viewed in its starkest terms, China has threatened a nation-ending EMP Attack against the United States already—which went largely unnoticed by most Americans, even though such an attack might kill all except 30 million of us.[4] In addition to its submarine forces that have been expanded greatly in the past decade, China’s military is deploying new ballistic missiles that can sink U.S. aircraft carriers, and are potentially game-changing, unprecedented threats to our supercarriers and their carrier battle groups.[5]

Also, China is preparing to build an aircraft carrier, which symbolizes the ambition to move far beyond its own shores[6].  Its growing anti-satellite capabilities and quite soon its fifth-generation fighter, not to mention its ongoing Cyberwarfare and economic warfare, are alarming to say the least.

Barack Obama manipulated the 2010 lame-duck session of Congress to ratify the “90 percent useless and 10 percent problematic” New START Treaty with Putin’s Russia—from which the next Republican administration should withdraw[7], just as George W. Bush withdrew from the ABM Treaty, which had expressly prevented major American advances in missile defense.  However, the United States’ focus must be on China, not on an essentially-Third World, backwater country like Russia.[8]

As one China military-affairs specialist put it:

Clearly, China’s communist leadership is not impressed by the [Obama] administration’s ending of F-22 production, its retirement of the Navy’s nuclear cruise missile, START Treaty reductions in U.S. missile warheads, and its refusal to consider U.S. space warfare capabilities. Such weakness is the surest way to invite military adventurism from China.[9]

On the positive side, China represents an enormous consumer market.  Yet, even on that front, caution is advised and prudence is required.  As the Wall Street Journal noted:

It’s tempting for U.S. companies to believe they can rely on access to hundreds of millions of new consumers in China and other emerging-market countries for the lion’s share of future profits. But they had better be prepared for a wide variety of unforeseen barriers.[10]

The United States has other issues and problems with China, including but not limited to Chinese adoption policies that foist “sick” children on unsuspecting, needy American adoptive parents, leading to tragic human suffering and other consequences[11]; China’s human rights abuses, including political prisoners who often serve their terms in an archipelago of labor camps scattered across the country called Laogai[12]; North and South Korea—and their respective international protectors, China and the U.S.—which might be heading for a showdown in the future[13]; and China’s expanding influence in the world, such as its willingness to bail out debt-ridden countries in the euro zone[14].

China has a violent history, which is of recent vintage.  Indeed, the Soviet Union’s Joseph Stalin and China’s Mao Tse-tung were the most ruthless killers of their own people in the 20th Century, and perhaps in the entire history of mankind.  Mao was directly responsible for an estimated 30-40 million deaths between 1958 and 1960, as a result of what his regime hailed as the “Great Leap Forward.”[15] Even though human rights activist Liu Xiaobo won the 2010 Nobel Peace Prize—after having been sentenced to prison for putting his name to the “Charter 08″ human-rights manifesto, which says that the Chinese people “see clearly that freedom, equality, and human rights are universal values”—he was denied the right to have a representative collect the prize for him.[16]

Perhaps the best hope for a democratic China at peace with the world rests with the expansion of human rights in the country, as well as consumerism and capitalism; and greater civilian control over the country’s potentially-renegade military.  Whether this hope comes to fruition, or ends up as a pipe dream, remains to be seen.  Will China’s bluster and swagger lead to war, or dissipate over time; and are the United States and China on a collision course in the Western Pacific and elsewhere?[17] Only time will tell.  However, one can never forget that China’s violent past was only a short time ago, and its human rights abuses continue to this day.

© 2011, 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

[2] See http://online.wsj.com/article/SB10001424052748704428004576075042571461586.html?mod=WSJ_hp_MIDDLENexttoWhatsNewsTop

[3] See http://www.nytimes.com/2010/10/12/world/asia/12beijing.html?_r=3&hp=&pagewanted=all

[4] See, e.g.https://naegeleblog.wordpress.com/2010/01/19/emp-attack-only-30-million-americans-survive/

[5] See, e.g.http://www.washingtontimes.com/news/2010/dec/27/china-deploying-carrier-sinking-ballistic-missile/

[6] See, e.g.http://www.ft.com/cms/s/0/fa7f5e6a-09cc-11e0-8b29-00144feabdc0.html#axzz18PUuKHZh

[7] See https://naegeleblog.wordpress.com/2010/02/09/russias-putin-is-a-killer/#comment-1014: see also https://naegeleblog.wordpress.com/2010/02/09/russias-putin-is-a-killer/#comment-1167 and https://naegeleblog.wordpress.com/2010/02/09/russias-putin-is-a-killer/#comment-1245

[8] See https://naegeleblog.wordpress.com/2010/02/09/russias-putin-is-a-killer/

[9] See http://www.washingtontimes.com/news/2010/dec/27/china-deploying-carrier-sinking-ballistic-missile/

[10] See, e.g.http://online.wsj.com/article/SB10001424052748704852004575258541875590852.html?mod=WSJ_hp_editorsPicks

[11] See, e.g.https://naegeleblog.wordpress.com/2010/04/15/problems-with-foreign-adoptions/; see also https://naegeleblog.wordpress.com/2010/02/09/russias-putin-is-a-killer/#comment-348 and https://naegeleblog.wordpress.com/2010/02/09/russias-putin-is-a-killer/#comment-434 (“[B]oth Russia and China have used the U.S. as dumping grounds for their ‘sick’ children”)

[12] See, e.g.http://www.naegele.com/documents/BretStephens-FromAthenstoBeijing.pdf (“How strong can China be if it is terrified of Nobel Peace Prize winner Liu Xiaobo?”); see also https://naegeleblog.wordpress.com/2010/02/09/russias-putin-is-a-killer/#comment-824

[13] See, e.g., https://naegeleblog.wordpress.com/2010/12/22/the-next-major-war-korea-again/ and https://naegeleblog.wordpress.com/2010/02/09/russias-putin-is-a-killer/#comment-1012

[14] See, e.g.https://naegeleblog.wordpress.com/2010/02/09/russias-putin-is-a-killer/#comment-1177

[15] As I have written:

Like Stalin, Mao’s crimes involved Chinese peasants, many of whom died of hunger from man-made famines under collectivist orders that stripped them of all private possessions.  The Communist Party forbade them even to cook food at home; private fires were outlawed; and their harvests were taken by the state.  Those who dared to question Mao’s agricultural policies—which sought to maximize food output by dispossessing the nation’s most productive farmers—were tortured, sent to labor camps, or executed.

See https://naegeleblog.wordpress.com/2010/02/06/the-silent-voices-of-stalin%E2%80%99s-soviet-holocaust-and-mao%E2%80%99s-chinese-holocaust/

[16] See infra note 12; see also http://en.wikipedia.org/wiki/Liu_Xiaobo#Nobel_Peace_Prize

[17] See, e.g.https://naegeleblog.wordpress.com/2010/02/09/russias-putin-is-a-killer/#comment-1188





The American Legal System Is Broken: Can It Be Fixed?

3 01 2011

By Timothy D. Naegele[1][2]

I have been an American lawyer for 44 years.  I am a member of the bar of the United States Supreme Court, the District of Columbia Bar, the State Bar of California, and the bars of other federal courts.  I have been a U.S. Senate lawyer and a lawyer at the Pentagon, and have represented more than 200 banks and other financial institutions.  I have purchased banks for our clients, and advised two States; and I testified as an expert on behalf of the FDIC in a failing bank case.  I have done essentially everything that I ever wanted to do in the law, except work at the White House; and I have attended meetings there.  In these and countless other ways, I have seen the American legal system “up close and personal.”[3]

I have two law degrees, from Berkeley and Georgetown, at opposite ends of this great country.[4] I can say without any hesitation, reservation or equivocation that the finest education I received was at Berkeley’s law school par excellence, Boalt Hall.  I was taught—to think analytically, and to write—by outstanding professors[5] who instilled in my fellow students and me a belief that the law is sacred, sacrosanct and pristine, “a shining city upon a hill.”  Since then whenever I have encountered what I perceived as legal injustices and incompetence, I have taken umbrage and railed against them, albeit generally in my own quiet ways.

John Lennon probably said it best: “Life is what happens to you while you’re busy making other plans.”  I never truly wanted to become a lawyer; that was not my life’s ambition.  I wanted to be a businessman instead, and buy and sell companies, but the Vietnam War intervened and changed my life forever.[6] I never dreamed of being a lawyer, like so many of my law school classmates at Berkeley did, which may explain why I view the profession—which so many Americans have come to despise—with a certain degree of detachment and healthy skepticism.  For example, I would not recommend the practice of law to anyone.  Among other things, the time demands and stress on young lawyers are a “family-killer,” which is why there is a high rate of divorces among members of the profession.

When my son wanted to attend law school, I encouraged him to get both a JD and an MBA, to “hedge his bets” and give him options.  When he was nearing graduation with both degrees in hand, I did my best to talk him out of practicing law.[7] Friends of mine, who have practiced law for many years and have been very successful at doing it, feel much the same way and have told their kids and others not to pursue a legal career.  Indeed, some of these friends and I have joked that we should give lectures to graduating college seniors and entering law school students, telling them what the practice of law is really all about.  If we told them the unvarnished truth, many might decide not to enter the profession.

Despite a healthy contempt for many lawyers, and judges—who are often egotistical, callous, mean-spirited, power-hungry, arrogant, self-righteous, condescending and incompetent—I have had wonderful friends over the years who are lawyers and even judges.  I have worked with them, and some have represented me, and I will always respect and be deeply indebted to them.  They are special people, who stand head-and-shoulders above others in the profession; and they are nice people as well—which may be what distinguishes them from the others.

Perhaps the most disturbing qualities about lawyers and judges are their arrogance and abuse of power, and their lack of empathy and innate legal and life skills to deal with vital human issues that come before them.  For example, lawyers 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.[8]

Similarly, lawyers are trained in law schools to be advocates.  When they represent clients in divorce proceedings, the last things that estranged couples need are their respective lawyers “stirring the pot” to earn greater fees, and increasing the acrimony that already exists.  Also, male lawyers prey sexually on their distraught and vulnerable female clients, which should give rise to immediate disbarments but it does not.  The American legal system is broken today, inter alia, because it has often attracted the wrong type of people.[9]

Can our legal system be fixed, and will the American people come to trust and respect lawyers and judges again, and believe that justice not only exists but prevails in this great nation?  Maybe . . . if the profession is restructured, and if it attracts those people who believe that the law is sacred, sacrosanct and pristine—truly a shining city upon a hill—and they put such principles into practice.  The profession does not require saints, but it does need something different than “Law West of the Pecos by Judge Roy Bean.”  And it needs people who are different than it has been attracting: who are often driven, ruthless, unprincipled, money-hungry, and power-hungry.

© 2011, Timothy D. Naegele

[See also (1) https://naegeleblog.wordpress.com/2013/07/15/justice-and-the-law-do-not-mix/ (“Justice And The Law Do Not Mix”), (2) https://naegeleblog.wordpress.com/2012/03/21/the-united-states-department-of-injustice/ (“The United States Department of Injustice”), (3) 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”)]


[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

[2] The issues addressed in this article are discussed further in a partially-completed book of mine entitled, “Never Become A Lawyer.”  Its chapters include but are not limited to the following subjects: law schools, law firms, divorces, bar associations, Congress, lobbying, mergers and acquisitions, litigation, law enforcement, state governments, the federal government, judges, federal courts, the U.S. Supreme Court, politics, abuse of power, justice, lawyer scams, and other careers.

The book’s last chapter starts with the words:

I began writing this book with the idea of thoroughly trashing the legal profession of which I have been a member for more than 40 years, as well as the American “system of justice”—and God knows there is plenty of support for that approach.  However, the United States has many fine lawyers, including former classmates of mine at Berkeley and friends who have tried to do their very best to help others, such as those lawyers who have helped me.  Thus, in the final analysis, I endeavored to present a somewhat objective view of the profession. . . .

I assume my assessment will remain the same, or close to it, when the book is finished and published.

[3] See, e.g., http://www.naegele.com/naegele_resume.html

[4] See https://naegeleblog.wordpress.com/2010/02/26/america-a-rich-tapestry-of-life/

[5] They included but were not limited to Edward C. Halbach Jr. (see, e.g.,  http://www.law.berkeley.edu/php-programs/faculty/facultyProfile.php?facID=44), who became dean of the law school and gave me an “A” in Conflicts of Law during my last year at Boalt, which I will remember always; Sanford H. (“Sandy”) Kadish (see, e.g., http://www.law.berkeley.edu/php-programs/faculty/facultyProfile.php?facID=61), who taught Criminal Law and became dean of the law school too; Barbara N. Armstrong, who was the first woman law professor at a major American law school (see, e.g., http://en.wikipedia.org/wiki/UC_Berkeley_School_of_Law); Richard W. Jennings (see, e.g., http://www.universityofcalifornia.edu/senate/inmemoriam/richardwjennings.htm), who taught Securities Law and came to Washington when I was a young attorney with the Senate Banking Committee, and we shared stories; and Michael (“Mike”) Heyman (see, e.g., http://www.law.berkeley.edu/php-programs/faculty/facultyProfile.php?facID=52), from whom I never took a class, but I will always remember his smiling face, and that he was a “force” for excellence at the law school and beyond (e.g., he ran the Smithsonian in Washington, D.C. for many years).  A giant in the law of Torts, William L. Prosser (see, e.g., http://en.wikipedia.org/wiki/William_Prosser), was at Boalt too; however, he left shortly before I arrived—although his spirit was still there.

[6] As a result of enrolling in Army ROTC as an undergraduate, I had a commission as an officer when I graduated from UCLA in January of 1963.  I wanted to attend a business school; however, I needed to work from January to September at two jobs, to earn enough money so I could afford any graduate school.  Even though UCLA’s business school had classes that I could begin right away, in January—whereas, law school classes only began in September—my choice became a law school.  The Vietnam War was raging; and the Army would defer me for law school, but would not let me work for the same amount of time before entering a business school, which is the graduate education that I really wanted to pursue.

Having become a lawyer, however, I have always tried to do my very best, and believe that I have done so.  Also, reading endless legal decisions at Boalt Hall and later at Georgetown, I learned the English language in ways that were unfathomable at the time, but have proved to be quintessentially-invaluable with respect to any skills that I have today as a writer.

The great American poet, Robert Frost, wrote a wonderful poem about life choices entitled, “The Road Not Taken,” which perhaps says it all:

Two roads diverged in a yellow wood,
And sorry I could not travel both
And be one traveler, long I stood
And looked down one as far as I could
To where it bent in the undergrowth;

Then took the other, as just as fair,
And having perhaps the better claim,
Because it was grassy and wanted wear;
Though as for that the passing there
Had worn them really about the same,

And both that morning equally lay
In leaves no step had trodden black.
Oh, I kept the first for another day!
Yet knowing how way leads on to way,
I doubted if I should ever come back.

I shall be telling this with a sigh
Somewhere ages and ages hence:
Two roads diverged in a wood, and I—
I took the one less traveled by,
And that has made all the difference.

See, e.g.http://en.wikipedia.org/wiki/The_Road_Not_Taken_(poem)

[7] I was adamant that neither of my kids would work on Capitol Hill, because of what I had witnessed there.

See https://naegeleblog.wordpress.com/2010/09/24/washington-is-sick-and-the-american-people-know-it/

[8] 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.

[9] This is true of many judges, who serve for life and cannot be removed if they are federal judges.





The Next Major War: Korea Again?

22 12 2010

By Timothy D. Naegele[1]

A series of events has been unfolding for some months now, which may culminate in another shooting war on the Korean peninsula that might prove devastating.  North Korea has warned that a war with South Korea would go nuclear[2]; and the ramifications are enormous.  In discussing this potential tragedy of epic proportions, it is useful to review recent events that have brought us to the present state of affairs:

  • The Sinking Of A South Korean Navy Vessel In March Of 2010—The facts were unknown when it happened, except that an explosion took place aboard the ship, and efforts were underway to save as many of the crew members as possible.  Whether this would turn into an international incident, testing the South Koreans and President Barack Obama, remained to be seen.[3] However, the Wall Street Journal noted:

The possibility of a violent, potentially apocalyptic regime collapse in North Korea within the decade is one that all countries with an interest in the region should keep in mind.[4]

The Journal added:

The latest incident comes days after a conference in which some experts described the Kim dictatorship as being in the first stage of collapse.  Americans should be paying attention: If North Korea decides to go out in a blaze of nuclear glory—and its current penchant for kamikaze rhetoric suggests it might—the enormous number of casualties would likely include many of the U.S. troops stationed on the peninsula.[5]

  • South Korean Ship Was Hit By North Korean Torpedo—Among other publications, the London Times reported that North Korea had launched one of the worst military acts of provocation since the Korean War, killing 46 South Korean sailors, which had amounted to a deliberate and unprovoked attack by North Korea.[6]
  • Finally, In May Of 2010, South Korea Blamed North Korea For Launching The Torpedo At Its Warship, Causing The Explosion That Killed 46 Sailors[7]—The Wall Street Journal reported that South Korea had convincing evidence.[8]
  • There Is Reason To Believe That North Korea’s Dictator Kim Ordered The Sinking Of The Cheonan, To Help Secure The Succession Of His Son—The New York Times reported that an American intelligence analysis of the deadly torpedo attack on the South Korean warship concluded that Kim Jong Il, the ailing leader of North Korea, must have authorized the torpedo assault.[9]
  • China Shields North Korea—Bloomberg News reported that Chinese Premier Wen Jiabao was likely to resist pressure to acknowledge that North Korea had torpedoed the South Korean warship.[10]
  • North And South Korea On The Brink Of War, Russian Diplomat Warned.[11]
  • North Korea Fired At South Korea As It Prepared To Host G-20 Summit Of Wealthiest Nations.[12]
  • North Korea Fired On South Korean Island.[13]
  • China Warned U.S. About Joint U.S.-South Korean Military Exercise As Korea Tensions Rise[14]—In turn, North Korea responded angrily to the maneuvers: “The situation on the Korean peninsula is inching closer to the brink of war.”
  • America’s Chairman Of The Joint Chiefs Of Staff, Admiral Mullen, Rebuked China For Failing To Curb North Korea.[15]
  • Firing Drill Increased Korea Tensions—South Korea test-fired artillery from the island that North Korea attacked, defying North Korean threats of another attack and asserting its rights in a maritime area it has controlled since the Korean War of the 1950s.[16]
  • North Korea Said It Would Not Strike Back—As the Wall Street Journal noted, North Korea stood pat after a South Korean artillery drill, easing fears of armed conflict and suggesting that the North Koreans might be using provocations to seek economic inducements.

The Journal added:

Fighter jets patrolled the air and destroyers sailed in nearby waters ready to counter another North Korean attack.

. . .

[F]or decades Pyongyang’s power has been tied to its ability and willingness to surprise Seoul. Analysts say it is more likely to stage another provocation when the South’s guard goes down in the months ahead, depending on its need to further its broad goals of securing economic assistance and security guarantees for its authoritarian regime.

For now, the episode appeared to take its place in a long series of provocations South Koreans have gotten used to.

. . .

Earlier in the day the North made another conciliatory gesture—announced by a visiting U.S. dignitary, New Mexico Gov. Bill Richardson, making an unofficial visit—to let the international nuclear inspectors it kicked out last year come back to the country.

. . .

For longtime North Korea watchers, Pyongyang’s official statement and offer to Mr. Richardson showed that it continued to operate in a familiar pattern: heating things up with provocative actions that draw attention, and then cooling them down with peace-making gestures in hopes of winning economic and security favors.[17]

  • WikiLeaks Cables Reveal China Ready To Abandon North Korea—The UK’s Guardian reported:

China has signalled its readiness to accept Korean reunification and is privately distancing itself from the North Korean regime, according to leaked US embassy cables that reveal senior Beijing figures regard their official ally as a “spoiled child”.[18]

North Korea’s latest series of provocations might prove little more than that, even as deadly as they were.  However, miscalculations may take place, which could be catastrophic.  While America is tied down militarily in Iraq, and its forces are mired in the Afghan War, North Korea may feel emboldened to strike against South Korea and set the Korean peninsula ablaze.  Similarly, other trouble spots around the world may flare up, such as a war in the Middle East involving Israel and Iran or its surrogates.

Given Barack Obama’s perceived weakness and naïveté, as well as global economic problems confronting the United States and other countries, its enemies may choose now or in the not-too-distant future as an opportune time to strike.  The use of nuclear weapons, or the ultimate EMP Attack[19], would send America and its allies reeling.  Let’s hope and pray it never happens.

© 2010, 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

[2] See http://www.breitbart.com/article.php?id=CNG.4fb1629dc68392c48ffbd287f0cd9a66.931&show_article=1

[3] See, e.g., http://www.timesonline.co.uk/tol/news/world/asia/article7077655.ece and http://online.wsj.com/article/SB10001424052748704100604575146940411764282.html?mod=WSJ_newsreel_world

[4] See http://online.wsj.com/article/SB10001424052748704100604575145672974954144.html?mod=WSJ_hps_MIDDLEForthNews

[5] See id.

[6] The Times article added:

[South Korean President Lee Myung Bak]’s government appears to be struggling to find an appropriate response that would demonstrate its resolve in the face of aggression but stop short of a costly and unpredictable war.

. . .

The speculation is that this was an act of retaliation for a naval skirmish in November last year in which the North came off worse.

. . .

Some security officials favour a tit-for-tat response to any North Korean aggression. But the risk is that this could escalate into a war, which might result in eventual victory for the South and its US allies, but could be ruinously destructive and expensive.

A limited war might be exactly what the North Korean leader, Kim Jong Il, is hoping for. After decades of economic decline and famine in the 1990s which killed as many as a few million people, his economy is in chronic decline.

A military adventure against the routinely demonised “imperialist” US and its South Korean “lackeys” could serve as a welcome and unifying distraction.

. . .

“No one wants to say it out loud,” wrote Song Ho Keun, a professor at Seoul National University in the Joong-Ang Ilbo newspaper.

“We told ourselves to be patient and cool, not to jump to conclusions as there is no definitive evidence implicating the North. But if we find one little piece of evidence pointing definitely at North Korea, the rage we have forcibly suppressed will gush forth.”

See http://www.timesonline.co.uk/tol/news/world/asia/article7104498.ece

[7] See http://www.washingtonpost.com/wp-dyn/content/article/2010/05/18/AR2010051803094.html?hpid=topnews

[8] For example, the Journal noted:

[W]hen the South Korean joint military-civilian investigation team presented their findings at a nationally-televised news conference, they unveiled a surprise: virtually the entire unexploded portion of the torpedo that destroyed the ship.

Searchers found the torpedo parts—including its propulsion system, steering section and propellers—last Saturday in the waters where the ship was destroyed. A marking inside the propulsion system reads “No. 1” in Korean lettering and, investigators said, is consistent with markings in a North Korean torpedo that the South Korean military obtained several years ago.

See http://online.wsj.com/article/SB10001424052748703691804575255162754594880.html?mod=WSJ_hps_SECONDTopStories

[9] See http://www.nytimes.com/2010/05/23/world/asia/23korea.html?_r=1&hp=&adxnnl=1&adxnnlx=1274612566-rHxXHrx8DGOehpG3vtFz9Q

In an editorial entitled, “Lessons From a Torpedo”—and subtitled “Placating Kim Jong Il doesn’t change North Korea’s behavior”—the Wall Street Journal stated explicitly:

President Obama . . . sent Kim a personal letter spelling out a “future vision” for the two countries, including the promise of a peace treaty, a guarantee of regime security and economic aid in exchange for the North’s denuclearization. The North’s response arrived by torpedo.

. . .

Engaging Kim has done little to improve his behavior, except in brief intervals, and if anything that behavior has become worse since Mr. Obama took office.

. . .

The larger strategic insight is to recognize that North Korea won’t change until Kim dies or his regime falls. The goal of the West should be to increase pressure on the North toward the latter goal, especially given signs of increasing discontent in the North.

. . .

[T]he long U.S. attempt to persuade Beijing to control its client has nothing to show for it.

. . .

If Kim and his generals can sink a South Korean ship without serious consequences, they might well conclude that they should escalate. The proper response is to give up the illusions of engagement, and methodically and coolly treat the North as the rogue state it is.

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

In an article entitled, “Kim Jong-il ‘laying the ground for succession’ with military attacks”—and subtitled, “Palace power-struggles between North Korea’s new-generation political leadership and its hawkish military establishment could spark off a full war on the Peninsula, South Korean and US authorities are warning”—the UK’s Telegraph reported:

Last week’s attack on Yeonpyeong island, a senior South Korean defence official told The Daily Telegraph, was personally approved by North Korea’s supreme leader, Kim Jong-il and his son and heir-apparent Kim Jong-un, in an effort to curry favour with hostile military hawks.

“I fear we’re going to see much more fighting in weeks to come,” the official said.

. . .

Kim Jong-il, US government sources said, is determined not to rejoin talks aimed at curbing North Korea’s nuclear programme in return for aid, fearful of upsetting military leaders. He hopes precipitating a crisis will lead the generals to rally behind his son and compel South Korea and the West to engage in dialogue on his terms.

Kim Jong-un was made a four-star general and named vice-chairman of the country’s National Defence Commission in September—even though the Swiss-educated 27-year-old had no military experience. “The generals saw Kim Jong-un as a puppy who wasn’t even lavatory trained,” said Kongdan Oh Hassig, a North Korea expert, “not a credible leader. There was lots of fuming.”

Bruce Bennett, another North Korea specialist, said the succession left generals “asking themselves how much longer they would have a role in government”. He noted that replacements of officials in North Korea “usually occur as the result of a purge or a ‘traffic accident,’ so that could be cause for some instability.”

“Every time there’s been a succession in North Korea,” Dr. Hassig noted, “you’ve had trouble, because the leadership has needed to reassure the military.”

Kim Jong-il ordered the bombing of a Korean Air plane in 1987, killing all 115, and an attack on officials which left 17 dead.

Little noticed in the West, tensions with the military have often threatened North Korea’s ruling family. In 1991-1992, there were reports that a group of generals had been planning to assassinate Kim Il-sung, in order to implement a programme of radical modernisation. Later, in 1995, elements of North Korea’s VI corps in famine-hit North Hamgyong province almost revolted.

“The Kims are playing the Crazed Fearsome Cripple Gambit,” a US military official told The Daily Telegraph, referring to a term coined by the strategic analyst George Friedman.

North Korea’s regime, Mr Friedman argued, wilfully chose to be an economically-crippled state to make itself unattractive as a target for intervention. Then it sought to inspire fear by developing nuclear weapons.

Finally, Mr Friedman argued, “having established that they were crippled and fearsome, the critical element was to establish their insanity”. Since no one would wish for a nuclear-armed North Korea to engage in a crazed military adventure, it would give the regime what it wanted.

Both Koreas are now holding out threats of further fighting. North Korea’s official news agency warned on Saturday that the “situation on the Korean peninsula is inching closer to the brink of war”.

Lieutenant General Yoo Nak Joon, commander of the South Korean Marine Corps, meanwhile, called on his troops to “put our feelings of rage and animosity in our bones and take our revenge on North Korea”.

See http://www.telegraph.co.uk/news/worldnews/asia/northkorea/8166343/Kim-Jong-il-laying-the-ground-for-succession-with-military-attacks.html

[10] Specifically, Bloomberg reported:

Chinese Premier Wen Jiabao is likely to resist pressure to acknowledge that North Korea torpedoed a South Korean warship when he flies to Seoul tomorrow to meet South Korean President Lee Myung Bak and Japan’s Yukio Hatoyama.

. . .

China wants to avoid a conflict on the Korean peninsula, and is concerned that taking South Korea’s side may provoke North Korea into further escalations and even lead to war, said Shen Dingli, vice dean of the Institute of International Affairs at Shanghai’s Fudan University.

“North Korea is dying, and we can make things worse,” Shen said. “We have assumed North Korea is not a rational actor.”

See http://www.bloomberg.com/news/2010-05-26/china-may-shield-north-korea-as-lee-clinton-seek-action-over-ship-sinking.html

[11] See http://www.telegraph.co.uk/news/worldnews/asia/northkorea/8020972/North-and-South-Korea-on-the-brink-of-war-Russian-diplomat-warns.html

[12] The AP reported:

North Korea fired two rounds toward South Korea at their tense border and South Korean troops immediately fired back, an official said Friday.

The exchange of fire at the heavily armed border highlights the security problems faced by Seoul as it prepares to host the Group of 20 economic summit next month.

North Korean troops fired at a South Korean guard post in the Demilitarized Zone, said an official at the Joint Chiefs of Staff in Seoul.

. . .

The guard post is 73 miles (118 kilometers) northeast of Seoul.

. . .

The spike in tensions Friday came two weeks ahead of a global economic summit in Seoul to be attended by President Barack Obama and other leaders.

. . .

In May, a multinational investigation led by Seoul concluded that a torpedo fired by a North Korean submarine sank the 1,200-ton Cheonan warship. North Korea has denied involvement in the sinking, which killed 46 South Korean sailors.

The sinking heightened tensions between the rival Koreas, which remain technically at war because their 1950-53 war ended with a cease-fire, not a peace treaty.

See http://apnews.myway.com/article/20101029/D9J5B8OG0.html; see also http://www.naegele.com/documents/NorthKoreaFiresShotsAcrossBorder.pdf and http://www.usatoday.com/news/world/2010-10-29-north-south-korea-fire_N.htm?loc=interstitialskip

[13] The Los Angeles Times reported:

North Korea on Tuesday fired dozens of artillery rounds onto a populated South Korean island, killing two and injuring 19 others after Pyongyang claimed that Seoul was readying for “an invasion,” officials said.

South Korean President Lee Myung-bak called an emergency session of his national security-related ministers in an underground bunker at the presidential residence late Tuesday to devise a response to the attack, which occurred near the disputed western border between north and south.

The Seoul government later called North Korea’s artillery attack a “clear military provocation” and warned that the secretive regime would face “stern retaliation” should it launch further attacks.

. . .

The South Korean military was placed on high alert, with fighter jets sent into the air, after officials confirmed that two Marines were killed and 19 others—including three civilians—were injured.

. . .

The White House . . . said the U.S. would stand by South Korea. “Earlier today North Korea conducted an artillery attack against the South Korean island of Yeonpyeong. We are in close and continuing contact with our Korean allies,” said a statement.

“The United States strongly condemns this attack and calls on North Korea to halt its belligerent action and to fully abide by the terms of the Armistice Agreement.” It added that the U.S. “is firmly committed to the defense of our ally, the Republic of Korea, and to the maintenance of regional peace and stability.”

See http://www.latimes.com/news/nationworld/world/la-fg-korea-shelling-web-20101124,0,958943,full.story; see also http://online.wsj.com/article/SB10001424052748703904804575631763523837910.html?mod=WSJ_hp_LEFTTopStories and http://news.yahoo.com/s/afp/20101123/wl_afp/nkoreaskoreamilitarynuclearweapons_20101123092327

A USA Today article added:

The skirmish came amid high tension over North Korea’s claim that it has a new uranium enrichment facility and just six weeks after North Korean leader Kim Jong Il unveiled his youngest son Kim Jong Un as his heir apparent.

. . .

The existence of North Korea’s new uranium enrichment facility came to light over the weekend after Pyongyang showed it to a visiting American nuclear scientist, claiming that the highly sophisticated operation had 2,000 completed centrifuges. Top U.S. military officials warn that it could speed the North’s ability to make and deliver viable nuclear weapons.

See http://www.usatoday.com/news/world/2010-11-23-korea-artillery_N.htm?loc=interstitialskip

[14] The Wall Street Journal reported:

Beijing [has] lodged its first official protest of a joint U.S.-South Korean military exercise planned for Sunday, even as the aircraft carrier USS George Washington steamed toward the region.

North Korea also responded angrily. “The situation on the Korean peninsula is inching closer to the brink of war,” the state controlled Korean Central News Agency responded Friday to the maneuvers, which are set to take place in the Yellow Sea between the Koreas and northeastern China.

The strong talk was the latest fallout from North Korea’s hour-long artillery attack of a South Korean island on Tuesday that killed four people. The next day, the U.S. and South Korea said planned joint exercises would go ahead over the weekend, heightening fears in some quarters that already-tense relations between North and South Korea—and their respective international protectors, China and the U.S.—could be heading for a showdown.

Yet China’s outwardly defiant response belies a more delicate political reality: Beijing’s continued support of North Korea’s erratic, martial regime is beginning to extract real costs. China’s statement Friday included a face-saving formulation that appeared to open the door for a scenario China has long sought to avert—a U.S. aircraft carrier, a potent symbol of U.S. military might, plying the edge of Chinese waters.

. . .

China has long frustrated U.S. efforts to bring its nuclear-armed neighbor to heel, fearing any radical change could sow chaos in the region and potentially lead to a unified Korea with a U.S. military presence directly on its border. Beijing refused this week to blame North Korea for Tuesday’s attack. Privately, its officials maintain, the weekend’s exercises could be a grave mistake that risk further provoking the North.

But current and former U.S. officials who have worked on North Korea said Friday that they saw China in a growing quandary in how to square its support for Pyongyang with the regime’s continued provocations.

Beijing has sought in recent months to deepen its economic and strategic relationship with North Korea, despite U.S. objections, arguing it would help contain leader Kim Jong Il’s nuclear work and military provocations. As Pyongyang has continued to challenge the international community, however, China has been placed in an increasingly weakened position to protest U.S. military action.

“China is having a much harder time in defending its policy, but they only have themselves to blame,” said Michael Green, who oversaw Asia policy for the White House during George W. Bush’s first term. “You talk to any Chinese official, and they’re furious with the North Koreans.”

Beijing is also facing renewed criticism from Chinese foreign-policy experts, journalists and Internet activists who question whether unqualified support for North Korea is still in China’s interests.

China’s apparently softened stance on Yellow Sea exercises appears to demonstrate a concern that the North Korean crisis will overshadow a planned trip to Washington in January by President Hu Jintao. It may also reflect an acknowledgment that China would be unlikely to prevent the U.S. and South Korea from staging their drills following the week’s attack, requiring a compromise to avoid appearing weak before an increasingly nationalist and demanding Chinese public.

“The very recent developments put China in an awkward position,” said Jin Canrong, an international relations professor at Renmin University in Beijing. “China’s not pleased to see that, but it has to face it. So its immediate concern is to contain the crisis.”

U.S. military officials insisted Friday that the exercise scheduled for this weekend shouldn’t be interpreted as anything but an attempt to deter North Korea from further attacks on the South.

“This exercise is not directed at China,” said Capt. Darryn James, a Pentagon spokesman. “The purpose is to strengthen the deterrence against North Korea.”

U.S. officials on Friday said the Obama administration continues to focus its diplomacy in Northeast Asia on gaining China’s cooperation to exert more pressure on North Korea.

. . .

[In] a speech by [Secretary of State Hillary] Clinton[,] she said that the U.S. had a national interest in protecting freedom of navigation in the South China Sea. Ever since, China and the U.S. have been engaged in a tussle for influence in the region, where many Southeast Asian nations that have territorial disputes with China are looking to beef up defense relations with the U.S.

See http://online.wsj.com/article/SB10001424052748704008704575638420698918004.html

[15] The Los Angeles Times is reporting that the chairman of America’s Joint Chiefs of Staff said in Seoul that Beijing’s inaction gives tacit approval to its ally North Korea’s aggression:

The most senior U.S. military official delivered a sharp rebuke to China on Wednesday, blaming Asia’s top power for failing to rein in its North Korean ally in the escalating dispute over the fate of the Korean peninsula.

Adm. Mike Mullen, chairman of the Joint Chiefs of Staff, blasted China for refusing to condemn North Korea over the Nov. 23 artillery barrage that killed four people on the South Korean island of Yeonpyeong. He spoke in Seoul, where he met with his South Korean counterpart in a public display of resolve to deter any North Korean aggression.

But Mullen directed some of his most pointed criticism at Beijing.

“The Chinese have enormous influence over the North, influence that no other nation on Earth enjoys,” said Mullen at a press conference at the South Korean Ministry of National Defense. “And yet, despite a shared interest in reducing tensions, they appear unwilling to use it.”

“Even tacit approval of Pyongyang’s brazenness leaves all their neighbors asking, ‘What will be next?’ ”

At the joint news conference Wednesday, Han Min-koo, South Korea’s own top commander, said that rules of engagement are being strengthened to allow commanders on the ground to fire back immediately in case of another North Korean attack.

. . .

“It is not just that China is turning a blind eye to what North Korea is doing, they are enabling North Korea,” [L. Gordon Flake, a Korea specialist with the Mansfield Foundation] said. ” China’s overt support for North Korea is blunting the effectiveness of diplomatic measures to curb their behavior.”

. . .

The U.S. administration has also signaled that it is not ready to return to the previous diplomatic path of the six-party talks, a position Mullen reiterated Wednesday.

“We first need an appropriate basis for the resumption of talks,” he said. “There is none so long as North Korea persists in its illegal, ill-advised and dangerous behavior. I do not believe we should continue to reward that behavior with bargaining or new incentives.”

See http://www.latimes.com/news/nationworld/world/la-fg-mullen-china-korea-20101209,0,6920379.story?track=rss&utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+latimes%2Fmostviewed+%28L.A.+Times+-+Most+Viewed+Stories%29

[16] See http://online.wsj.com/article/SB10001424052748704138604576029240348016046.html?mod=WSJ_hp_LEFTTopStories; see also http://online.wsj.com/article/SB10001424052702304879604575582343372934982.html?mod=WSJ_hp_LEFTTopStories (“A History of Korean Tensions”)

[17] Also, the Journal article stated:

With its Nov. 23 attack on Yeonpyeong Island and in statements since, North Korea has tried to effectively redraw a maritime border in the Yellow Sea that it has long disputed with South Korea. Four South Koreans, including two civilians, died in the attack.

North Korea claimed that waters around the island, into which South Korea has test-fired artillery since the mid-1970s, belong to it and that any South Korean military test amounts to an attack on its territory. South Korean officials insisted on continuing the drill on the island to assure that North Korea’s attack wouldn’t create a de facto change of its territory in the maritime border area.

. . .

North Korea’s statements caused more alarm in other countries than they did in South Korea, where North Korea’s rhetoric is part of the daily noise. Analysts in Seoul over the weekend noted that Pyongyang’s threats were issued by lower-level sources than the agencies affiliated with its dictator Kim Jong Il. As well, military officials said they saw no unusual preparations by the North’s military over the weekend.

As a result, no special precautions were ordered on South Korea’s mainland and in the capital city of Seoul, just 30 miles from the border, and business proceeded as usual Monday.

. . .

North Korea’s offer to restart international nuclear inspections may have less impact now after its announcement last month of a uranium enrichment program. When the North’s nuclear-weapons development work was confined to plutonium reprocessing, it was easy for inspectors to monitor.

But, analysts note the uranium program Pyongyang revealed last month is likely housed in multiple locations and easily hidden, making the inspections process less reliable as a means of holding North Korea to disarmament agreements.

See http://online.wsj.com/article/SB10001424052748703886904576031232770698532.html?mod=WSJ_hp_MIDDLENexttoWhatsNewsForth

[18] See http://www.guardian.co.uk/world/2010/nov/29/wikileaks-cables-china-reunified-korea

[19] See https://naegeleblog.wordpress.com/2010/01/19/emp-attack-only-30-million-americans-survive/; see also https://naegeleblog.wordpress.com/2010/01/19/emp-attack-only-30-million-americans-survive/#comment-1170








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