U.S. Attorney General Barr Is Appalled: Give Americans A Break!

11 08 2019

 By Timothy D. Naegele[1]

U.S. Attorney General William Barr stated that he was “appalled” by alleged pedophile Jeffrey Epstein’s death in his jail cell, and he added:

Mr. Epstein’s death raises serious questions that must be answered. In addition to the FBI’s investigation, I have consulted with the Inspector General who is opening an investigation into the circumstances of Mr. Epstein’s death.[2]

How very quaint.  The FBI’s leadership has been shown to be corrupt and treasonous, beyond the ability of most Americans to fathom.  Barack Obama—and key leaders and intelligence operatives under him—initiated concerted efforts to destroy the candidacy and then the presidency of Donald Trump.  Yet, none of these co-conspirators has been charged with any crimes, nor spent a day in prison.  Until this happens, no American should believe in our system of justice again.[3]

Similarly, the Inspector General’s office in the U.S. Department of Justice is often described as the location “where the truth goes to die.”[4]  America is lawless today, and Epstein’s life and death are the latest examples.  It is alleged that he and others “recruited” young girls for sex, and transported them via Epstein’s “Lolita Express” to the Virgin Islands, and provided them to prominent Americans and others—including Queen Elizabeth’s son, the UK’s Prince Andrew.[5]

Pedophiles, rapists, human traffickers and those who kill while engaging in the harvesting of human body parts are subhuman.[6]  They are on a par with those who engage in mass murder[7]; and they are just as savage and evil.  Jeffrey Epstein, Roman Polanski, Bill Cosby and Harvey Weinstein are shining examples.[8]

The #MeToo movement was started by women (and men) standing up for the rights of women, in the face of Hollywood’s century-old violence and depravity—which seems to know no end or bounds.  Women continue to be exploited sexually, and the beat goes on, unabated.[9]

When all of the facts come out concerning Epstein, the world may see a level of depravity and pedophilia that boggles the mind and turns the stomachs of even the most hardened citizens of the world. Only the torture and mass killings of human beings, and the destruction of minds from the use of drugs[10], may be more egregious.

America and the world are in the midst and grips of the “Kardashian era,” where “sex sells.”[11]  However, the seamy side of this is far darker than the prostitution and promiscuity of the past.  It is pure evil, personified.

[Jeffrey Epstein’s alleged former sex slave Virginia Roberts Giuffre, who claims she was intimate with Prince Andrew at the London home of Epstein’s alleged “Madam,” UK publishing tycoon Robert Maxwell’s daughter Ghislaine Maxwell (on the right), in unsealed files that show Giuffre, then 17, with Prince Andrew and Maxwell at Maxwell’s London townhouse in 2001]

© 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.cnbc.com/2019/08/10/there-is-nothing-to-suggest-foul-play-fbi-investigating-jeffrey-epsteins-death-by-suicide.html (“Attorney General Barr ‘appalled’ by Epstein’s suicide, says inspector general and FBI investigating”); see also https://www.hollywoodreporter.com/news/jeffrey-epstein-dies-by-suicide-new-york-jail-report-1230708 (“Jeffrey Epstein Dies by Suicide in New York Jail”)

[3]  See, e.g., 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/2018/05/24/should-barack-obama-be-executed-for-treason/ (“Should Barack Obama Be Executed For Treason?”) 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/2017/10/20/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/2013/07/15/justice-and-the-law-do-not-mix/ (“Justice And The Law Do Not Mix”) and https://naegeleblog.wordpress.com/2012/03/21/the-united-states-department-of-injustice/ (“The United States Department of Injustice”); see also https://naegeleblog.wordpress.com/2019/07/29/barack-obama-is-responsible-for-americas-tragic-racial-divide/ (“Barack Obama Is Responsible For America’s Tragic Racial Divide”) and https://www.dailymail.co.uk/news/article-7340581/Jerry-Nadler-says-formal-impeachment-proceedings-against-Donald-Trump-launched.html (“[Totally-despicable] Jerry Nadler says ‘formal impeachment proceedings’ against Donald Trump have been launched’)

[4]  See https://naegeleblog.wordpress.com/2018/06/15/the-department-of-injustices-inspector-general-is-complicit-in-the-deep-state-cover-up/#comment-15562 (“The DOJ’s Inspector General Michael Horowitz Is Missing In Action”) 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!”)

[5]  See, e.g., https://www.thedailybeast.com/the-biggest-bombshells-in-newly-unsealed-jeffrey-epstein-documents (“The Biggest Bombshells in Newly Unsealed Jeffrey Epstein Documents”) and https://www.dailymail.co.uk/news/article-7344181/Billionaire-Jeffrey-Epstein-dies-suicide-inside-Manhattan-jail-cell.html (“FBI launches an investigation after billionaire pedophile Jeffrey Epstein committed suicide by hanging himself in prison a day after lawsuit by his ‘sex slave’ was unsealed and named a host of his powerful friends including Prince Andrew”) and https://www.dailymail.co.uk/news/article-7342169/Prince-Andrew-exposed-Teen-sex-slave-alleges-pair-intimate-Ghislaine-Maxwells-London-home.html (“Prince Andrew named in unsealed Epstein documents: ‘Sex slave’, then 17, alleges she was intimate with royal at Ghislaine Maxwell’s London home while second young woman claims she was groped by prince at paedophile Jeffrey Epstein’s house”); see also https://en.wikipedia.org/wiki/Jeffrey_Epstein (“Jeffrey Epstein”) and https://en.wikipedia.org/wiki/Ghislaine_Maxwell (“Ghislaine Maxwell”) and https://en.wikipedia.org/wiki/Robert_Maxwell (“Robert Maxwell”) and https://www.dailymail.co.uk/news/article-7343885/Duchess-York-jets-Balmoral-amid-rumours-shes-rekindling-romance-Prince-Andrew.html (“Duchess of York jets to Balmoral amid rumours she’s rekindling romance with Prince Andrew”)

[6]  See, e.g., https://naegeleblog.wordpress.com/2018/10/25/remembering-the-comfort-women-victims-of-human-trafficking-and-slavery/ (“Remembering The Comfort Women, Victims Of Human Trafficking And Slavery”) and https://naegeleblog.wordpress.com/2017/06/15/who-is-next-the-murder-of-a-young-american-and-the-harvesting-of-his-body-parts-in-mexico/ (“Who Is Next? The Murder Of A Young American And The Harvesting Of His Body Parts In Mexico”)

[7]  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/ (“The Silent Voices Of Stalin’s Soviet Holocaust And Mao’s Chinese Holocaust”) and https://naegeleblog.wordpress.com/2015/07/01/global-chaos-and-helter-skelter/#comment-18512 (“The List Of Notables Encouraging Violence Against The President Is Growing”)

[8]  See, e.g., https://naegeleblog.wordpress.com/2010/09/24/washington-is-sick-and-the-american-people-know-it/#comment-11474 (“SICKO SEXUAL PREDATOR ROMAN POLANSKI IS TARGETED FINALLY!”) and https://naegeleblog.wordpress.com/2009/12/28/human-trafficking/#comment-7566 (“The Serial Rapist Bill Cosby”) and https://naegeleblog.wordpress.com/2010/09/24/washington-is-sick-and-the-american-people-know-it/#comment-13133 (“Finally, The Beginning Of Justice For Hollywood’s Serial Rapist, Bill Cosby“) and  https://naegeleblog.wordpress.com/2017/05/16/americas-newest-civil-war-2017-and-beyond/#comment-12196 (“THE VERY ESSENCE OF HOLLYWOOD’S DEPRAVITY”) and https://naegeleblog.wordpress.com/2010/09/24/washington-is-sick-and-the-american-people-know-it/#comment-10901 (“HOLLYWOOD HAS BEEN SICK FOR DECADES”); see also https://naegeleblog.wordpress.com/2010/09/24/washington-is-sick-and-the-american-people-know-it/#comment-7185 (“Clinton Fatigue”) and https://naegeleblog.wordpress.com/2010/10/04/john-f-kennedy-the-most-despicable-president-in-american-history/ (“John F. Kennedy: The Most Despicable President In American History“) (see the extensive comments beneath the article)

[9]  See, e.g., https://naegeleblog.wordpress.com/2009/12/28/human-trafficking/#comment-18368 (“Margot Robbie: Shame”) and https://naegeleblog.wordpress.com/2009/12/28/human-trafficking/#comment-17162 (“Sex Sells: Hollywood Is Sick”)

[10]  See, e.g., https://naegeleblog.wordpress.com/2015/07/01/global-chaos-and-helter-skelter/#comment-18218 (“BAN Pot And Other Drugs, As Well As Vaping”)

[11]  See, e.g., https://www.dailymail.co.uk/tvshowbiz/article-7344603/Kylie-Jenner-PICTURE-EXCLUSIVE-Make-mogul-cosies-boyfriend-Travis-Scott-jet-ski.html (“Kylie Jenner PICTURE EXCLUSIVE: Make-up mogul cosies up to boyfriend Travis Scott on jet-ski”)





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 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”)





The Mueller Report: A Monumental Travesty

18 04 2019

 By Timothy D. Naegele[1]

The Mueller Report has been released, and it can be downloaded and read here: Mueller Report-19-4-18[2]

Every American should be up in arms that Robert Mueller was appointed as Special Counsel in the first place.  There is every reason to believe that he has committed multiple crimes, including treason.  He should have been prosecuted, not put in charge of a “witch hunt” to destroy the presidency of Donald Trump.[3]

His fellow co-conspirators include but are not limited to the following high-ranking officials of the U.S. government, each of whom should be prosecuted for their many crimes:

Barack Obama; former Secretary of State Hillary Clinton and former President Bill Clinton; former Attorneys General Eric Holder and Loretta Lynch; Deputy Attorney General Rod Rosenstein and former Deputy AG Sally Yates; former FBI Director James Comey; former Director of National Intelligence James Clapper; former CIA Director John Brennan; former National Security Advisor Susan Rice; former Deputy FBI Director Andrew McCabe; Senior Advisor to Obama, Valerie Jarrett; and DOJ/FBI current or former employees such as Peter Strzok, Lisa Page and Andrew Weissmann.[4]

It is worth repeating:

The Mueller witch hunt has been a travesty from the very beginning.  All persons involved with this costly and traitorous undertaking—including the concerted efforts to destroy the candidacy and presidency of Donald Trump—must be subjected to the maximum punishments authorized by American law, so this never happens again in U.S. history.

Nothing less will suffice.

Indeed, until this happens, no American should believe in our legal system—or that justice exists in the United States—ever again.[5]

What has happened, and continues to happen, amounts to the greatest scandal in American history.

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). 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]  The report comes in two parts, Volumes I and II.  Volume II begins on page 208 of the 448 pages—which can be downloaded for free by clicking on the link to the left of this footnote number in the text of this article, or by clicking here: Mueller Report-19-4-18

See also https://www.justice.gov/sco (“Special Counsel’s Office, The United States Department of Justice”)

[3]  See, e.g., 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?”)

[4]  See https://naegeleblog.wordpress.com/2018/03/11/robert-mueller-should-be-executed-for-treason/#comment-16041 (“Robert Mueller Is A Traitor Who Must Receive The Most Severe Punishment Possible Under American Laws”)

[5]  See https://naegeleblog.wordpress.com/2019/03/24/the-mueller-witch-hunt-is-over/ (“The Mueller Witch Hunt Is Over”); see also 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/2018/05/24/should-barack-obama-be-executed-for-treason/ (“Should Barack Obama 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/2018/03/11/robert-mueller-should-be-executed-for-treason/ (“Robert Mueller Should 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/2013/07/15/justice-and-the-law-do-not-mix/ (“Justice And The Law Do Not Mix”)

Some of the Special Counsel’s expenditures are set forth as follows: Statement of Expenditures May 17, 2017 through September 30, 2017; Statement of Expenditures October 1, 2017 through March 31, 2018; and Statement of Expenditures April 1, 2018 to September 30, 2018

They total $12,287,852.00 at a minimum.  But see https://naegeleblog.wordpress.com/2019/04/18/the-mueller-report-a-monumental-travesty/#comment-16935 (“A 2-year, $35 Million Witch Hunt Ends”)

Of course, this does not include any investigation of the real Russian conspiracy involving Barack Obama, the Clintons and the sale of 20 percent of America’s vital Uranium assets to Russia’s killer Putin—which occurred when Robert Mueller was the FBI Director—or the countless other crimes committed by the co-conspirators.





A New Catholic Manifesto?

13 04 2019

 By Timothy D. Naegele[1]

A recent survey found that there are as many Americans who claim no religion, as there are evangelicals and Catholics:

For the first time “No Religion” has topped a survey of Americans’ religious identity. . . . The non-religious edged out Catholics and evangelicals. . . .[2]

Also, it has been noted that “a growing number of Americans reject organized religion,” and that “‘No Religion’ will be the largest group outright in four to six years.”[3]  These conclusions do not surprise many if not most “believers”—which is the path less traveled.

Some of us “experienced” God at one time or another in our lives[4]; and without that, it is likely that we too would not only reject organized religion, but any belief in a “Higher Power” altogether.  We might look at the cruelties, injustices and sadness in Life, and wonder how a loving God could allow this.  It seems to fly in the face of logic and rational belief systems.[5]

Indeed, to “push” our belief systems on others, or even to mention the life-changing moment we experienced, seems arrogant and pious.  Each and every human being, or animal, is a child of God . . . or so many of us believe.  We are not special because of what happened to us, but we were privileged—and yes, blessed—to have it happen.  With that comes a sense of responsibility, to help others.

Often, evangelicals proselytize, quite vigorously, which turns off others.  If the “targets” were willing to be open-minded, having religion “shoved down their throats” can be threatening and repulsive.  However well-intentioned such evangelicals may be, they can have the opposite effect, of turning away the “candidate” from any religion, which is human nature.  Each of us is on a unique path to God, or so I believe, which is not shared by anyone else.

We fall, and get up again and move on.  We are not heroes or saints or anything else except another human being.  We are no more or less than our fellow human beings.  Each day we seem to struggle with our beliefs and faith.  As I have written:

I had essentially a “near-death” experience some years ago, similar to what others have described, during which I experienced God . . . as an intense bright light at the end of a tunnel, and as Infinite Intelligence of which our own intelligence is merely a part. God was neither masculine nor feminine. My mother had died months before it happened, and I felt her presence and I knew she was with God.

From that moment forward, I have never doubted that God exists, or that God created everything—heaven and earth and everything in between. However, I continually seek to understand how God operates in my life, on a day-to-day basis. The closest I have come is my belief that God acts through us as faith, inspiration, prayer, miracles, and perhaps most of all, love. I believe that in expressing love, each of us is God in expression.[6]

Christianity is the largest religion in the world today[7]; and the Catholic Church, or the “Mother Church,” is the largest Christian denomination.[8]  In the case of some, our ancestors have been Catholics for centuries—and at least two hundred years.  We may not be “official Catholics” today, but we are drawn to the Church for a variety of reasons.  One of the most important is the Church’s stand on abortions, and its unwavering pro-life and anti-Infanticide policies.[9]

Jesus’ teachings were simple; and they are set forth in the New Testament, for anyone to read.  Was He the Messiah and Son of God?  I believe so.  In many ways, His messages were clear: to help the poorest of poor (e.g., homeless) and the downtrodden; and not to worship material things or “creature comforts.”  We come into this world with nothing, and we leave with nothing, just like the Pharaohs or monarchs of ancient Egypt.[10]

How and where has the Catholic Church gone astray, and diverged from the teachings of Jesus?[11]  How can it be brought back “on track,” so it is true to Jesus’ teachings?  For some non-believers, there is probably nothing that the Church could do that would “redeem its sins.”  Some are determined to destroy the Church, and organized religions altogether; and seemingly, nothing will change their minds or alter their paths.

Pedophilia has ripped the Church apart around the world, and in places like Ireland where the Church used to be so strong.  What can be done about this, at least with respect to those who are “open-minded” and not bent on destruction?  First, the Church needs to “clean house,” and rid its ranks of pedophiles who prey on others, and those who engage in human trafficking and slavery.  Second, there must not be more cover-ups.  Third, I believe there should be no more vows of celibacy or chastity, which are unnatural.  Fourth, the priesthood should be open and welcoming to women.

Lastly, why should I care?  Why should I or anyone else waste time writing an article like this or trying to make changes, which may be unlikely to move the Church or its adherents one single inch?  Indeed, few people may read this article, much less be moved by it.  And some may be repulsed and/or angry about what I have written.  Yet, I want to see Jesus’ wonderful teachings flourish, and for the Catholic Church to continue to promulgate such teachings far and wide—and yes, to serve God in the process.

The Church has helped millions of human beings worldwide, and it continues to do so.  This is its future.

 

 

© 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). 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.cnn.com/2019/04/13/us/no-religion-largest-group-first-time-usa-trnd/index.html (“There are now as many Americans who claim no religion as there are evangelicals and Catholics, a survey finds”)

[3]  Id.

[4]  See https://naegeleblog.wordpress.com/2010/05/12/what-and-where-is-god/ (“What And Where Is God?”)

[5]  See https://naegeleblog.wordpress.com/2010/05/12/what-and-where-is-god/#comment-426 (“For A Lovely Woman Named Cynthia Whose Faith In God Will Help Her”)

[6]  See infra n.4.

[7]  See, e.g., https://en.wikipedia.org/wiki/Major_religious_groups#Largest_religious_groups (“Largest religious groups”)

[8]  See, e.g., https://en.wikipedia.org/wiki/Catholic_Church (“Catholic Church”)

[9]  See, e.g., https://en.wikipedia.org/wiki/Infanticide (“Infanticide”)

As I have written:

An abortion is a criminal act: infanticide. Each of the mothers and the doctors and others who have participated—or participate in the future—in the taking of human lives should be arrested, tried, convicted and . . .

Abortion is the taking of a life!

. . .

IF any exceptions are to be made, they should only occur in the case of rape, incest or where the life of the mother is at risk.

See https://naegeleblog.wordpress.com/2012/12/20/abortions-and-autos-kill-more-in-america-than-guns/#comment-3298 (“55 Million American Babies Killed Since Roe v. Wade“)

[10]  See, e.g., https://en.wikipedia.org/wiki/Pharaoh (“Pharaoh”)

[11]  See, e.g., https://naegeleblog.wordpress.com/2010/04/05/the-catholic-church-at-a-crossroads/ (“The Catholic Church At A Crossroads”)

 





Standby Letters of Credit And Other Bank Guaranties: Revisited

1 04 2019

 By Timothy D. Naegele[1]

The United States has experienced periods of boom and bust since its rich history began.  Such is the basic nature of economic cycles, and of our capitalist system that governs global economic activity.  Like the laws of gravity, certainties exist in economics too.  What goes up, comes down—sometimes with a resounding thud.

When crises arise, as they will, public policymakers in America and other countries must be prepared to deal with them in a responsible and effective manner, and have tools at their disposal to do so.  One area of economic activity that few Americans know about, much less comprehend, involves the staggering amounts and extensive uses of guaranties—issued globally by banks, other financial institutions, businesses, governmental agencies[2], and individuals themselves.

According to the latest figures published by the Fed, the aggregate amount of “Financial standby letters of credit and foreign office guarantees” in the fourth quarter of 2018 stood at more than a half-trillion dollars—$566.8 billion, to be exact—which seems exceptionally low.[3]  My newest law review article deals with standby letters of credit and other bank guaranties, and with their counterparts in other areas of domestic and international commerce.[4]

The article builds on an earlier discussion of such issues, before the U.S. Senate more than 40 years ago.[5]  Since then, crises have come and gone; and the issue today is what public policymakers have learned in the interim about how to anticipate and address them.  As I have written:

Guaranties have been used in commercial transactions for centuries, in various contexts and in various parts of the world.  Banks have not been alone in their willingness to engage in such undertakings, and have sought new methods of characterizing guaranty transactions in recent years, in an effort to circumvent legal bars as to these practices.

. . .

A guaranty is a promise by one party to answer for the payment of some debt, or the performance of some obligation, in case of the default of another party, who is in the first instance liable for such payment or performance.  A standby letter of credit is merely one form of a guaranty which has been subject to increased usage by banks in this country during recent years.  There are a variety of reasons why the use of standby letters of credit has increased.  The primary reason from a legal standpoint is that our courts have held that national banks are not permitted to guarantee the obligations of another party.

The national banks involved have been imaginative enough, in responding to this situation, to fashion an instrument which they contend is not an illegal guaranty but is akin to a traditional letter of credit, as a means of avoiding any legal or regulatory constraints. . . .

[T]he standby letter of credit is a means by which a bank permits its customer to make use of the bank’s credit standing and goodwill in the customer’s business.  . . .  [T]he bank is in effect “selling off” its credit to others. . . .

. . .

Quite obviously, instead of “lending” its credit[] in certain transactions, the bank itself could provide funds directly to its customer.  At the time the customer seeks such funds, however, the bank may not . . . wish to lend such monies.

. . .

[T]he use of such instruments abroad has been sanctioned owing to the fact that the laws of several countries authorize banking institutions chartered thereunder to engage in such undertakings.  Accordingly, it has been determined that American banks would be at a severe competitive disadvantage if their foreign counterparts were permitted to guarantee certain transactions, while American banks competing for the same business were prohibited from doing so.  It is questionable, however, whether there has ever been a conscious assessment of the risks which attend foreign transactions of this nature vis-a-vis the benefits derived therefrom.

. . .

Banks are special institutions subject to rules designed to assure their soundness for the benefit of depositors and to maintain public confidence in the banking system.  The potential bank liability on a standby letter of credit, and consequent risk of loss to the depositors and shareholders of the bank, is just as real as if the transaction had been a typical lending transaction by the bank.

. . .

It is appropriate to focus on the use of guaranties in the standby letter of credit context because banks are reluctant to disclose fully or describe the various types of guaranty transactions, and because it presents a useful illustration of a high risk situation once one is able to cut through the complexities of the transactions involved.

. . .

A fee of from one-quarter of one percent to one percent, or as much as $1 million on a $100 million standby letter of credit financing, is collected by the bank for its services; and the bank is not required to commit any funds of its own, unless a default occurs.[6]

No one should deny the opportunity for U.S. banks and other financial institutions to make a profit and serve their customers, as long as they act responsibly and legally, and their solvency and stability are not put at risk.  However, aggregating more than a half-trillion dollars today on the part of American banks and other financial institutions alone, standby letters of credit and other bank guaranties present enormous potential risks to the U.S. and global economies.

 

Capitol and flag

 

© 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). 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]  For example, in a lawsuit where a judgment of more than $4 million was rendered against a bank, the bank’s federal regulator was permitted to issue a letter of credit (or guaranty) on behalf of the bank, which allowed it to appeal the verdict.

See Timothy D. Naegele, The Bank Holding Company Act’s Anti-Tying Provision: Almost 50 Years Later—Part I, 135 BANKING L. J. 315, 336-338 (June 2018) (Naegele 2018, Part I) [Timothy D. Naegele-Part I] (discussing Lucken et al. v. Heritage Bank National Association et al., U.S. District Court for the Northern District of Iowa, Case # 5:16-cv-04005, PACER Docket Sheet entry 197, paragraphs 6-8 (“Pursuant to Federal Rule of Civil Procedure 62(d), if an appeal is taken, the appellant may obtain a stay by supersedeas bond.  . . . Defendants have obtained . . . a Letter of Credit in favor of Plaintiffs for an aggregate amount not to exceed $5,000,000.00, available through Federal Home Loan Bank of Des Moines, Des Moines, Iowa.  . . . In addition, Plaintiffs and Defendants have executed an agreement setting forth the events of default which would trigger calling upon the letter of credit”)) [PACER Docket Sheet entry 197]; see also https://naegeleblog.wordpress.com/2018/08/25/the-bank-holding-company-acts-anti-tying-provision-almost-50-years-later/ (“The Bank Holding Company Act’s Anti-Tying Provision: Almost 50 Years Later”)

[3]  See off-balance-sheet-items

[4]  See Timothy D. Naegele Standby Letters of Credit

[5]  See Timothy D. Naegele, Standby Letters of Credit And Other Bank Guaranties, Compendium Of Major Issues In Bank Regulation, Committee On Banking, Housing And Urban Affairs, United States Senate 621 (May 1975) [Naegele-Standby Letters of Credit And Other Bank Guaranties].

This Senate submission and its attachments constitute a useful starting point for the discussion of this subject, and they will be referred to throughout this article.  The author respectfully suggests that it might be useful for the reader to review them.

[6]  See id. at 626-629, 633, 634, 635.








%d bloggers like this: