Civil Rights

Only in America

Only in America (12/14/2011)

Every day the world around seems to get crazier. Headlines shout out moves by our government that make no sense, but yet we abide by the changes thrust upon us. I thought I would compile a short list of what I consider infringements upon our liberties that we could not imagine five years ago, and certainly never a decade or two ago. Through slow incrementalism we, the citizens, have eroded our own freedoms.

Actions by TSA top the list; an agency which did not exist a decade ago but now employs approximately 50,000 screeners and has a budget of $8.1 billion. This agency now requires everyone to throw away water before boarding an airplane. Water is the essential liquid required to live on our planet, it puts out fires, and easily identified. But, only in America if you are drinking water while waiting in a security line is it now a security threat. A close second is last week’s incident by TSA strip searching 85 year-old Lenore Zimmerman. Only in America would a 100 pound 85 year-old be considered a terrorist requiring a complete vacate of common sense.

Attending theme parks and sports events has brought another level of questionability to liberty erosion. Watching the “rent a guard” screeners at facilities like the Coca-Cola museum, Georgia Aquarium, Disney, or Sea World laughingly rifle through personal belongings with chop sticks while wearing latex gloves confirms the authoritarian moves of fear implementation and our own stupidity. Only in America would we trust our lives to $9.00/hour security guards and allow them to infringe on our privacy while claiming to protect a commercial enterprise from a bogeyman terrorist threat.

Tracking citizens has become the latest trend by government both national and local. Although the constitution guarantees freedom from warrantless search and seizures, we have allowed government entities to track vehicles with GPS, install cameras using facial recognition software to track individuals, and license plate scanners watching and permanently recording the location of our vehicles. In addition, police departments now carry devices to take and download cellular phone data, without warrants, during stops. Only in America would George Orwell’s predicted tracking of citizens occur in our lifetime.

Nearly everyone with a smart phone has a video camera with them 24-hours per day. The first sensationalized recording of police brutality was the Rodney King beating caught by news helicopters, and if the cameras were not on scene the LAPD would have denied the punishment they put on King. Nearly every day citizens are now arrested for filming their own arrests or the arrests of others. The most serious being Michael Allison in Illinois who faces five counts of wiretapping for filming his own arrest this past summer. If we cannot film the public servants hired by us, the citizens, to ensure rights are protected then a police state has truly come into existence. Only in America would filming a police officer lead to the arrest of an innocent bystander.

Our country has changed before our eyes. Since the passage of the Patriot Act our government has accelerated its actions to interrogate, search, and control the innocent citizens of America. Our founding fathers warned against such actions and tried to protect us with the Bill of Rights. Only in America would we ignore history and readily give up Rights that were won with the blood of our ancestors.

Changeling

My family and I recently watched the moving “Changeling” with Angelina Jolie. The movie itself was entertaining and focused on the efforts of a 1920’s woman to recover her missing son. The issue at hand was the corruption of the Los Angeles Police Department after receiving bad press and their attempts to cover up shoddy police work. As we watched I found myself angered over the blatant misuse of authority. For example, when Jolie’s character challenged the police department they had her committed to an LA psychological hospital; a warrantless incarceration without trial. Once behind the walls of the hospital it was nearly impossible for her to plead her case.

Watching the movie caused me to challenge my kids to compare the situation to events of today and instantly they commented on perception of law enforcement corruption and intimidation. Of course, the most obvious example is TSA’s violation of the 4th Amendment at airport security check points and intimidation of people like Aaron Toney who was detained for 90 minutes, without arrest, by TSA on December 31 at Richmond, Virginia’s airport when he removed his shirt and displayed the 4th Amendment on his chest.

In Philadelphia gun owner Mark Fiornio was nearly shot, detained and harassed for lawfully openly carrying a gun. A new FBI Advisory circular, “Communities Against Terrorism: Potential Indicators of Terrorist Activities Related to Military Surplus Stores” advises store owners to keep records of customers making lawful purchases but fitting a profile of self-preparedness.

In London two weeks ago government officials required Amazon.com to stop selling self-defense weapons while authorities simultaneously allowed riots to “run their course.” Thus, the citizens lost the right to protect themselves in their own homes. Similarly, San Francisco authorities shut down cell-towers within the Bart system to prevent a possible riot from developing, but also leaving law abiding citizens with no mechanism for protection.

Regardless of examples I provide I must wonder when intimidation will stop and the rule of law will prevail. The movie “Changeling” highlighted corruption I could not believe existed. Ultimately, the 1930’s Courts found in favor of their “own”, but yet the corruption was known and documented. Like the Gestapo, TSA, police departments, and the National Guard will be asked to turn on citizens instead of protecting those, they are here “To Serve and Protect.”

August 24, 2011 by admin Big Government Civil Rights Stupid People Terrorists

My 100th Column

My 100th Column (07/27/2011)

This week I celebrate my 100th column, a huge milestone for me as I could not have imagined writing for “The Observer” for nearly two years without missing a week; I just wish my high school English teacher could see me now. I want to thank the publishers for the opportunity, seeing something they liked and allowing me free reign to pontificate as I desire. It was freelance writing, “Death and Taxes” that won me the opportunity and I find it ironic it is that issue, taxes, currently in front of the American people. As I look back over the last 99 weeks I note my philosophies have emerged where I feel I can clearly define my views: libertarian (with a little “L”), constitutionalist fearful of eroding liberties, and angry at politicians feeling anointed to spend, steal, and create laws but yet hold themselves above the people.

My early columns could be republished today: “What is Government’s Role”, “When Should Citizens Fear their Government?”, and “Big Brother is Watching.” Sadly I look back and see a country that has worsened during the last 100 weeks and continues to spin into the abyss while the citizenry look the other way to take in meaningless hype like Casey Anthony, the NFL, and “Dancing with Stars.” Two forces have united to provide the Kool-Aid for apathy, the media and the President. Right now we are two years into the economic recovery: remember “Green Shoots”, Biden and Obama touting all of the jobs they saved, and the National Realtors Association calling the bottom to housing prices? This deception is dutifully reported by the three networks and bull-horned by General Electric owned MSNBC and CNBC.

Over the weekend, the networks gave more time to the Amy Winehouse drug-induced death than the critical issues. Did you know last week gold hit a historic high over $1,600/ounce; jobless claims topped 400,000 for the 15th week in a row; and Borders (closed 399 stores), Cisco and Lockheed Martin announced combined layoffs of 23,000? Since January state and local governments have laid off 142,000 workers. Let’s not forget last week’s media celebration of American Airlines ordering jets from Airbus, a consortium of European companies, a staggering loss to domestic aircraft producers. Although our President tells us things are better and improving it is impossible to conclude the same when looking at the numbers. Likewise the 1930s were a long road of government missteps trying to fix problems created by the same banking cartel whose lineage has brought the same destruction upon us today. Looking back, history provides hilarious quotes from our leaders during the Great Depression trumpeting the recovery and “Happy Days are Here Again.” I believe Obama and Biden will be similarly chided for their mistruths when history is chiseled.

July 24, 2011 by admin Civil Rights Depression General Rant Great Recession Mainstream Media Obama

July 4th 2011

July 4th 2011 (6/29/2011)

Last July 4th I was in Washington, D.C. with my children and wife to watch the nation’s fireworks show. It was a moving experience to visit the Jefferson and Lincoln Memorials, see the Washington Monument, and more importantly to trek through the National Archives to see the Declaration of Independence and Constitution first-hand. In the last 12 months there has been a political shift in the House, political scandals, the death of Osama Bin Laden, and wars started in Libya and now Yemen. Last July 4th gas prices averaged $2.72 versus $3.70 this year, more Americans are on food stamps than ever before – 13% from last year, and housing prices have dropped more than in the Great Depression – down another 5% from last year. With bad numbers at home things must be getting better abroad, but that is far from what is occurring. The European Union appears to be entering a new crisis ignited by Greece and the Japanese earthquake is showing how desperate governments put pride before safety.

July 4th is celebration of the events of the summer of 1776 and the proclamations debated in Philadelphia in July to declare independence from the British. The two statements, “all men are created equal” and “Life, Liberty, and the pursuit of Happiness” are idolized around the world as symbolic of the freedom we have. It was September 17, 1787 that gave us the America we enjoy today; the signing of the Constitution and Bill of Rights. It did take nearly another 18 months to ratify the document, but the America I know came from the forward thinking Continue reading…

June 29, 2011 by admin Civil Rights Depression Freedom Great Recession

Defending Yourself

Defending Yourself (06/22/2011)

I wrestled with the title and content of this column realizing I wanted to challenge thought processes. My context is asking, “When would you take up arms?” Recent Supreme Court rulings, at state level and the federal level have eroded 4th Amendment rights. These freedoms have been held sacred since the Bill of Rights passed and evolved from British tyranny and further back to feudal tyranny. Looking around I see this erosion becoming the norm, no longer the exception. Sadly, people who raise questions are now “domestic terrorists” or “troublemakers” harassed through detention, no-fly lists, and watch lists.

If you are pulled aside for additional screening at an airport and suddenly find yourself touched inappropriately by a TSA officer are you willing to yell “Stop!” Are you willing to kick and punch to defend your person? Are you willing to engage local law enforcement to file assault charges? What if you are an 18 year old girl attending your high school prom and security guards run a hand up your bare thigh under your dress? Would you be willing to complain, or more importantly Continue reading…

June 22, 2011 by admin Big Government Civil Rights Great Recession preparedness

Gestapo and Gulags

Congress successfully reauthorized the Patriot Act on May 27th, 2011 with hours remaining before the Act would expire. America is eerily following the same path Hitler’s Nazi Germany took in the early 1930’s; a path of Federal law enforcement, diminished civil rights, and lack of transparency in the courts. The Gestapo was given the authority to investigate treason, espionage, sabotage and criminal attacks against Germany. The basic law passed in 1936 gave the Gestapo the right to operate without judicial oversight. The Gestapo could not be sued by citizens in Administrative court.

Americans are subjecting themselves to our own Gestapo, Department of Homeland Security (DHS) willfully. Examples abound from TSA searches, disrobement, and groping at airports, rail stations, and even high school proms to document and papers required to open a bank account or get a job. Openly over the last 18 years there has been a push from local community law enforcement to a federally dominated model of control. Any local assertion of state’s power is met with federal resistance, like the Arizona and Georgia immigration lawsuits or economic threats to Texas over passing an anti-groping bill. DHS has pushed a “see something, say something” campaign to encourage spying on neighbors and standing up to Big Brother is now cause for consideration as “domestic terrorist.” It was that “domestic terrorism” that brought us freedom and the genesis of our country.

As police power expands, and 1st, 2nd, and 4th Amendment rights are reduced more citizens are being jailed than ever before. The term “Gulag” was originally an acronym for the Soviet agency administering the prisons, but has since come to represent any penal system. America has sharply turned her view on incarceration from on of rehabilitation to mandate. In 1982 approximately 1 of 77 Americans was under “correctional-control”, today that number is 1 of 31. Georgia leads the country with 1 of 13 adults under some type of judicial supervision. Take into account wage garnishment orders, child support orders, and foreclosure liens and judicial findings and the number is higher. Today the United States has the highest incarceration rate (3.1%) and the largest prison population of any country in the world. Even communist China with three times the population incarcerates fewer people.

The trend I see developing is one of government control creating fear among the citizens. I challenge you, what consequences would you face if you question how TSA handles you? What would you expect to happen if you say “no” to a police officer regarding a roadside search? Why are our countryman arrested for filming police stops? Why do victimless crimes, like drug use or possession, result in incarceration? More frequently the noose is tightening around our necks, “We the People..”

June 15, 2011 by admin Big Government Civil Rights Freedom Stupid People

Little Noticed News

Little Noticed News (6/1/2011)
Oprah, Republican presidential candidate implosions, and Obama’s Irish roots seem to dominate the news. On a national and international level none of these newsworthy events will impact most Americans. Instead, I argue there is an entire underlying level of news taking place nationwide, some of which gets a brief mention on one of the cable or broadcast networks, but most of the news disappears not to be heard from again. America is changing, and changing rapidly. Willfully civil rights and constitutional guarantees are being eroded, and yet a blind eye is turned. Below I have listed examples from the last three weeks.
On May 22, 2011 – a Santa Fe, NM high school announced TSA would pat-down students as part of security to enter Prom. From TSA’s own web site, the agency’s mission is, “The Transportation Security Administration protects the Nation’s transportation systems to ensure freedom of movement for people and commerce.” Nowhere is a high school or sports event mentioned, and I cannot imagine being groped on my last night in high school.
May 21, 2011 – Mark Fiornio strolled through downtown Philadelphia lawfully, openly, carrying his permitted gun. The issue at hand is Mr. Fiornio was detained, nearly shot, and charges brought against him for disorderly conduct and reckless endangerment. He tried to explain to police offers he had a permit and cited the statutory laws allowing him to open carry. Local authorities are warning gun owners that they will be “inconvenienced” if they carry unconcealed handguns in the city.
May 15, 2011 – The Indiana Supreme Court, 3-2, ruled people have no right to resist officers who enter their homes under the premise it is in the greater public good and would minimize confrontation. Additionally, the Indiana Court ruled police do not need to knock to serve a search warrant.
May 17, 2011 – Historically police offers required probable cause and a search warrant before breaking into a home. That changed with the Supreme Court’s ruling in Kentucky v. King. Ruling 8-1 the justices gave police more leeway to break into homes or apartments in search of illegal drugs when they suspect the evidence otherwise might be destroyed. Justice Ruth Bader Ginsburg dissented, fearing the ruling gave police an easy way to ignore 4th Amendment protections against unreasonable searches and seizures.
In each of the above cases I can easily see the argument for “greater good”, “public safety” and other pansy excuses. Sadly, “we the people” are continuing to allow our freedoms to incrementally erode away. In one week, four cases that have far reaching circumstances. As a reminder, blood was shed for The Fourth Amendment, which assures that “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated,”

June 1, 2011 by admin Big Government Civil Rights Controversy Freedom Stupid People

Nuclear Meltdowns

Nuclear Meltdown (5/25/2011)

This past week I counted at least four meltdowns, all covered with vigor, in the media headlines. Probably the most obscure and curious regarding the hype to most Americans was the arrest, indictment, and release of IMF Chief Dominique Strauss-Kahn. Little do many of my countrymen understand regarding monetary policy, let alone the calls for an end to the dollar as the reserve currency by Strauss-Kahn. The second meltdown was the failure of the Gingrich campaign to gain traction. Laughably, the most academic of a possible Republican field of presidential nominees, fell flat before starting. Like Strauss-Kahn, Newt melted down.

Meltdown number three was President Obama extinguishing his fiery return in the polls by crossing middle-east ally Israel with a call to return to territory held 44 years ago. The contradictory nature of Obama is puzzling as a blind-eye is turned toward our own border issues and we idly watch killing of refugees seeking democracy in Syria. But, the President is pro-Hamas supporting the terrorist organization publicly as far back as May 2008. Israel’s Prime Minister Netanyahu skillfully schooled our President on the fallacies of his position and Obama’s action may be the beginning of his re-election meltdown. Finally, the mainstream pundits could not get enough of the Terminator’s marriage meltdown, number four last week, as revelations exposed infidelity and a love child with a household staff member. Each of these personal meltdowns, in my opinion, is rooted in ego and self-interest.

Sadly though, the most important nuclear meltdown in the world is not garnering any media coverage and is similarly rooted in ego and self-interest. However, this meltdown over the next 30 years will result in many unnecessary deaths and cancers worldwide. On March 11, 2011 the historic earthquake rocked northern Japan, suspiciously damaging nuclear reactors, but denied by Japanese government. A newly released TEPCO report this week contains a disaster timeline stating within 5 hours of the quake fuel rods were exposed and rapidly melting, and within 16 hours Reactor No. 1’s rods had melted down and dropped to the bottom of the reactor. Similar events occurred in Reactors 2 and 3. Today the reactors are continuing to spew radiation and radioactive water is flowing to groundwater and the ocean. Worse than Chernobyl, Fukushima has become the world’s first nuclear meltdown. Curiously, the four men in personal meltdowns garner far more coverage, but every plant, animal, and human being in the Northern hemisphere is now poisoned by the ineptness of a government and power company that chose to hide their failures to protect their egos.

May 26, 2011 by admin Big Government Civil Rights Controversy Mainstream Media Stupid People

iTracker

iTracker (5/4/2011)

In the “Daily Mail” on 4/18/2011 I first read hackers in London discovered iPhones are recording and storing specific location data about their users. Initially the major networks and newspapers in America were slow to report this, taking almost 4 days to do so. Humorously Apple’s, Steve Jobs first offered no such information was gathered and certainly without malicious intent. With persistence though, the media found more details and Jobs did acknowledge the data gathering. So what’s my beef? As a programmer I do not consider the tracking file an accident and my concern is the potential misuse of the data. Possibly the programmers had good intentions but knowing a data record of individual details exists would be too tempting for use by others.

Let’s consider three examples. First, police in Michigan have been accused of downloading the data during traffic stops, without warrants or arrest in violation of the 4th Amendment. Law enforcement could use the data to pinpoint the whereabouts of a particular individual. Imagine the phone doing detective work for the police by providing when and where he goes. Second, employees are at risk from employers as the employer typically owns the phone; thus the data can be checked to verify the whereabouts of employees to ensure he is working, or where reported during office hours. Third, consider a contested divorce with a vindictive ex-wife. Through Discovery the data file must be made available and the husband’s whereabouts at any time readily known. In my second and third examples the 4th Amendment does not apply, thus anyone with an iPhone has already voluntarily submitted to 24-hour tracking.

My preference is to believe Apple had no malicious intent in mind when the file was created and most likely it was created to improve location data services and their product service offering. However, some have reported this is a requirement under the Telecommunications Act of 1996 and most likely “we the people” allowed this further erosion of our privacy and personal rights to take place based on the premise, “they would never do anything bad and it will help stop crime or save lives.” In my recent column, “Land of the Free” I argued there is no longer bravery among us and we idly standby while our freedoms disappear. Personally, I have deleted the file on my phone and will continue to do so. Maybe it still exists on a server somewhere, but at least I have fought back. My concern is when will anyone else fight back?

May 26, 2011 by admin Civil Rights Freedom Mainstream Media

Can I Wear My Shoes Now?

Can I wear my Shoes Now? (5/4/2011)

Sunday night I was on my way home from Atlanta tuned in to CNN when I heard the President planned an unprecedented press conference around 10:40pm. My wife and I speculated on possibilities, “what could be so important?” Jokingly I offered maybe Osama bin Laden was dead, but that certainly was not worth a late night press conference. Of course, if your poll numbers have fallen to historic lows and your re-election campaign was prematurely announced weeks ago then this could be the much needed booster shot.

I argue, “who cares?” Eight or nine years ago the death of Osama bin Laden may have had material impact. For nearly 10 years we have been given the boogeyman of threat, Bin Laden and his minions trying to harm us. Of course, Orwell would not have given up his government boogeyman, Emmanuel Goldstein, because he was the necessary fuel for the government machine. Bin Laden, like Goldstein, is a necessary enemy of the state; serving to distract, unit e and focus the people away from the true issues. Bush brought as bin Laden, a desperate politically troubled president has eliminated him. Reminding us how important it is not to piss off our enemies, the United States is treating Osama bin Laden’s body in “accordance with Islamic practice,” a White House official says. If this man was our enemy I assert his body be publicly hung in Times Square and treated to a ticker tape parade, unless of course, no body exists and this is a diversion.

So, the real question the next time I board an airplane is, “can I wear my shoes now?” If Bin Laden is dead I assume this means we can pull out of Afghanistan this week and bring our troops home since we spent billions of dollars chasing this idiot through caves, not unlike Bill Murray and the “Caddyshack” gopher. Sadly, the media was quick to report ramped up security efforts, more scanning, and began fear-mongering possible Al Qaeda retaliation attacks. Give me a break, Goldstein (I mean bin Laden) is dead and now the threat level is pushed to imminent. I expect more money will have to be spent to assure Al Qaeda terrorism is minimized. I expect much focus on the White House this week, defining our President as a world-wide hero who saved humanity from an evil man, with the media acting like teen-age girls at a “Teen Beat” cover shoot. Osama bin Laden is dead; can I wear my shoes now?

May 25, 2011 by admin Civil Rights Freedom Muslim Obama Stupid People Terrorists