Many people worldwide are aware of the fact that the United States government offers cash rewards to informants who provide information on individuals and groups that it chooses to define as terrorists. The program is referred to as the Rewards for Justice Program (RFJ). It was established in 1984 as part of the Act to Combat International Terrorism and is run by the Department of State’s Diplomatic Security Service (DS). The rewards can be substantial, up to the $25 million that was offered for Osama bin Laden, and they sometimes include resettlement in another country with a new identity for informants whose security is threatened by their cooperation.
The program relies on information provided by local people, referred to on the RFJ website as “tips.” The website itself is accessible in a number of languages and, in its English version, features a headline that promotes its mission as: “Stop a Terrorist Save Lives. The most important reasons to stop a terrorist are all around you. Terrorism kills innocent people in every walk of life. By providing information that prevents a terrorist act, you save lives, protect families, and preserve peace. The United States is offering a reward for information leading to the arrest of persons engaged in terrorism. If you have information that can help, please submit a tip now. Submit a Tip.”
RFJ elaborates its role in very broad terms as “… offering rewards for information that prevents or favorably resolves acts of international terrorism against U.S. persons or property worldwide. Rewards also may be paid for information leading to the arrest or conviction of terrorists attempting, committing, conspiring to commit, or aiding and abetting in the commission of such acts. The Rewards for Justice Program has paid more than $145 million for information that prevented international terrorist attacks or helped bring to justice those involved in prior acts.”
After a slow start in which the program was first called the Counter Terror Rewards Program and then HEROES, by 1997 the site was processing over one million contacts per year. Admittedly, many of the “tips” were little more than bids to obtain cash and resettlement from the American government, but the State Department’s periodic evaluations of the program have considered it to be a success.
Critics note, however, that the reward for bin Laden attracted thousands of calls but no substantive information was obtained. Nor has RFJ been very effective against Islamic radical groups, considered to be its primary target. The website identifies top terrorist targets, but apart from Ramzi Ahmed Yousef, the World Trade Center bomber of 1993 who was also involved in various plots involving airliners in the Philippines, no one important has been identified and arrested through information developed by way of the program. Ramzi was arrested in Pakistan in 1995 after an informant identified him. He is currently in prison in Colorado.
The RFJ program has also claimed several executions of claimed terrorists, to include the killing of two leaders of the Filipino radical group Abu Sayyaf. Many more terrorist leaders, like ISIS head Abu Bakr al-Baghdadi, were killed without any input from RFJ. The relative lack of success against actual militants from groups recognized generally as terrorist, inevitably led to a broadening of the target pool. On December 22, 2011, RFJ offered a $10 million for information leading to Ezedin Abdel Aziz Khalil, the alleged organizer of an al-Qaeda fundraising operation in Iran that sent money to Pakistan and Afghanistan. It was the first listing of what was claimed to be a terrorist financier.
Two major current targets of RFJ are, in fact, financiers and fund-raising mechanisms related to Lebanese Hizballah and the Iranian Revolutionary Guards Corps (IRGC). To include them on the list, the United States declared both organizations to be Foreign Terrorist Groups (FTOs) in 1997 and 2019 respectively. Regarding Hizballah, the RFJ website includes “Rewards for Justice is offering a reward of up to $10 million for information leading to the disruption of the financial mechanisms of Lebanese Hizballah. Terrorist groups such as Hizballah rely on financing and facilitation networks to sustain operations and launch attacks globally. Hizballah earns almost one billion dollars annually through direct financial support from Iran, international businesses and investments, donor networks, corruption, and money laundering activities. The group uses those funds to support its malign activities throughout the world, including: Deployment of its militia members to Syria in support of the Assad dictatorship; alleged operations to conduct surveillance and gather intelligence in the American homeland; and enhanced military capabilities to the point that Hizballah claims to possess precision-guided missiles. These terrorist operations are funded through Hizballah’s international network of financial supporters and activities — financial enablers and infrastructure that form the lifeblood of Hizballah.”
Regarding the IRGC, the RFJ site includes “The U.S. Department of State’s Reward for Justice Program is offering a reward of up to $15 million for information leading to the disruption of the financial mechanisms of Iran’s Islamic Revolutionary Guard Corps (IRGC) and its branches, including the IRGC-Qods Force (IRGC-QF). The IRGC has financed numerous terrorist attacks and activities globally. The IRGC-QF leads Iran’s terrorist operations outside Iran via its proxies, such as Hizballah and Hamas… Since its founding 40 years ago, the IRGC has been involved in terrorist plots and supports terrorism worldwide. The IRGC is responsible for numerous attacks targeting Americans and U.S. facilities, including those that killed U.S. citizens. The IRGC has supported attacks against U.S. and allied troops and diplomatic missions in Iraq and Afghanistan.”
The first thing that strikes the casual reader of the descriptions of the cases made against both Hizballah and the IRGC is that much of the “evidence” is unsubstantiated, fabricated or exaggerated. To be sure, neither group is a friend of the United States or of Israel, but the descriptions of worldwide terror operations is largely made up, particularly the claims about attacks against Americans which have been credibly attributed to ISIS, not to Iranian sources or proxies. That Lebanese Hizballah has been gathering intelligence on the “American homeland,” presumably to stage an attack, is complete nonsense.
To cite only one example of how the RFJ is primarily a vehicle for attacking individuals and groups that the U.S. and Israel do not like, one might cite Muhammad Kawtharani. Informants would be rewarded for information on the “… activities, networks, and associates of Muhammad Kawtharani, a senior Hizballah military commander. This announcement is part of the Department’s standing reward offer for information leading to the disruption of the financial mechanisms of the terrorist organization Lebanese Hizballah. Muhammad Kawtharani is a senior leader of Hizballah’s forces in Iraq and has taken over some of the political coordination of Iran-aligned paramilitary groups formerly organized by Qassim Soleimani after Soleimani’s death in January. In this capacity, he facilitates the actions of groups operating outside the control of the Government of Iraq that have violently suppressed protests, attacked foreign diplomatic missions, and engaged in wide-spread organized criminal activity. As a member of Hizballah’s Political Council, Kawtharani has worked to promote Hizballah’s interests in Iraq, including Hizballah efforts to provide training, funding, political, and logistical support to Iraqi Shi’a insurgent groups.”
Well, RFJ gets Kawtharani’s name right and he is a Hizballah commander, but from that point on the story is pure spin and disinformation. The militia groups that Kawtharani presumably associates with and that have been attacked by U.S. forces are not “outside control of the government,” nor are they “insurgents.” They are, in fact, integrated into the Iraqi army. Nor have attacks on foreign diplomatic missions been demonstrated to be their responsibility as the rage against U.S. presence in Iraq is widespread across sectarian lines. Kawtharani is present in Iraq as a guest of the government in Baghdad, as was Qassim Soleimani before him, largely to assist in the fighting against ISIS. And if he is in Iraq to promote Hizballah interests in that country, why should it surprise anyone? In short, his being featured in RFJ is part of a plan to create a major incentive to kill him, little more. If he committed an actual terrorism crime or act, where is it?
Rewards for Justice is not about justice at all, unless one is promoting vigilante justice, as virtually no one who appears on its site is actually arrested and tried. It is a kill list providing the United States with one more tool to target and eliminate political opponents from countries with which Washington is not at war. As it has now been expanded to include the targeting of organizations and funding mechanisms of groups that are considered hostile, it is a mechanism for widening the hideous global war on terror that has done such terrible damage to American democracy while also killing hundreds of thousands and upending whole countries worldwide.
China said on Thursday it is committed to a moratorium on nuclear tests. The statement from its Foreign Ministry followed a US State Department report that said China may have conducted low-level underground nuclear test explosions.
Spokesman Zhao Lijian told reporters that China has been actively fulfilling commitments to treaties on arms control. “The US criticism of China is entirely groundless, without foundation, and not worth refuting,” the spokesman added.
Beijing may have secretly set off low-level underground nuclear test explosions despite claiming to observe an international pact banning such blasts, the US State Department said, in a report on Wednesday.
US concerns about possible breaches of a ‘zero yield’ standard for test blasts have been prompted by activities at China’s Lop Nur nuclear test site throughout 2019, Reuters said, citing the report. Zero yield refers to a nuclear test in which there is no explosive chain reaction of the type ignited by the detonation of a nuclear warhead.
The coronavirus and related financial crisis ravaging America have revealed the country to be the dysfunctional, borderline failed state that it is. America’s dysfunction is broad in scope but almost entirely traceable to one common origin: the oligarch takeover of the economy, media, healthcare and political system. I have already reported on the first three of these, and here I will dissect what’s so fundamentally wrong with the political system.
Here are the links to above referenced reports:
Extreme concentration of ownership in the United States
For someone indoctrinated to believe America to be some shining beacon of democracy, it may come as a shock to learn how restrictive US election laws are and how openly corporate interests have been allowed to buy up what used to be a democratic system. The rules are so rigged and the corrupting influence of money so pervasive that you would be forgiven for thinking we were embarking on an analysis of a tottering banana republic.
Prior to having its attention diverted by the virus, the rest of the world looked on in disbelief as the circus-like US presidential primaries traipsed from state to state. Looking at the cast, one must wonder if this is really the best America has to offer. There was practically nothing of substance separating the candidates, with the sole exception of much-needed healthcare reform, a step advanced by a couple of candidates who were promptly branded by both parties as “socialists.” Meanwhile, emerging from the pack was none other than Joe Biden, a corporate stooge if there ever was one, whose history of corruption has been swept under the rug but whose dementia is becoming increasingly hard to conceal.
Nonplussed? You should be, because this is not democracy. It essentially amounts to a scripted talent show aimed at creating the impression that the American people have a democratic choice. The endless campaigning – often in disarmingly charming milieus such as rural Iowa diners – and numerous “debates” underscore the illusion of choice. But it is in fact the lack of real choice that necessitates such ostentatious pageantry.
In reality, the Democratic and Republican parties share almost identical positions on all major political questions. Neither challenges America’s hegemonic foreign policy and the war machine that imposes it; neither takes meaningful action to rein in the unrestrained oligarch crony capitalism or address the rigged financial markets; and both completely reject reforming the out-of-control healthcare system (with the exception of the few “socialists,” who are also smeared as “Russian assets”). The latest example of how in lockstep both parties march is the $2 trillion coronavirus stimulus bill, in essence just another corporate bailout. But such close alignment on the issues of true importance should come as no surprise: this “duopoly” is in fact owned lock, stock and barrel by the financial oligarchs.
In lieu of discussing the issues of true substance, the overseers of this duopoly have imposed over the public discourse an agenda that creates the appearance of an acrimonious political divide but conveniently skirts addressing the inner workings of the system. Heading up this faux agenda are climate change and the culture war, both of which encompass a myriad of sub-issues that serve to distract Americans from the insidious corporate takeover. Much as a mime pretends to be trapped in a phone booth, the two parties feign contention over these issues in what amounts to carefully staged political theater.
That America is not a real democracy but an oligarchy masquerading as one becomes even more clear when one lifts the hood on the election system, which I do in this report by providing comprehensive evidence that the system has been rigged in such a way as to institutionalize the two-party monopoly and reinforce the financial elite’s grip over it.
The three lynchpins of this ironclad grip are (1) the corrupting power of money, which has been institutionalized through campaign finance laws that have been manipulated by the Supreme Court; (2) the ballot access laws, which refer to the pre-screening rules that determine which parties and candidates can be officially registered to stand for election; and (3) the enormous bias of the oligarch-owned, propaganda-spewing media.
I will not address the media bias in this report – it should be self-evident to anyone who has followed American politics in recent years. It is sufficient to recall the blatantly partisan media attacks against Donald Trump over the last four years, which were based on statements ripped from context and exaggerated, interviews with sham experts, distorted facts, and entirely fabricated stories, not least of which was the giant hoax and nauseatingly fact-free Russiagate narrative. More recently, we have seen how the same media hyenas gave similar treatment to Democratic presidential candidate Bernie Sanders but a free pass to the establishment’s Joe Biden. It is important to realize how the ownership of American media has been totally concentrated in the hands of the oligarchy, which I documented in the above-referenced report, The Oligarch Takeover of US Media. Such an extreme concentration of media ownership makes it easy to control the narrative and wage a totalitarian information war on opponents, both domestic and foreign.
In in this report, I will concentrate on the two other major distortions: campaign finance and ballot access, after which I will briefly list the other factors that have combined to totally discredit what used to be a democratic process.
“Money is Speech” – When money talks people listen
The republic was not exactly set up as a true democracy to start with. In the beginning, voting was restricted to property-owning white men. Only late in the 19th century and after one of the bloodiest civil wars in world history, did all men get the right of vote (in theory, but not fully to this day, as we shall see). Women got the right only in 1920. Contrary to the claims of actor Morgan Freeman in a 2017 propaganda video, American history “for 241 years of democracy” has certainly not been “a shining example to the world.” (Note 1).
Early efforts to push back against the robber barons who corrupted the political system with their wealth started with the Tillman Act of 1907, which – although ultimately unsuccessful – aimed to prohibit corporations and interstate banks from making direct financial contributions to federal candidates. Campaign finance restrictions that at least had the appearance of being effective were not enacted until 1971, when, in the wake of the Watergate scandal, Congress passed the Federal Election Campaign Act (FECA). However, the oligarchs soon mounted a counterattack to have key provisions of the law nullified on supposed constitutional grounds. This reached the Supreme Court, an institution whose pliability in the face of corporate interests belies its fastidiously independent veneer. In Buckley v. Valeo (1976), the Court did uphold limits on individual contributions but, crucially, removed the caps on how much a campaign could spend and also the cap on so-called “independent expenditures,” which is money spent by ostensibly third-party corporations formally in favor of a particular candidate or against an opponent. The fig leaf is that these independent expenditures are made to look as if they are not in any way coordinated with the candidate or the candidate’s committee or party, although in reality of course they always are.
In Buckley v. Valeo, the Court invented the absurd theory that money equals speech, and therefore a limitation on how much money could be used for these independent expenditures was supposedly an unconstitutional infringement of First Amendment protections of free speech. (More about this absurdity below).
In 2010, a new concentrated attack on campaign finance restrictions emerged when the oligarchy’s pocket courts further proceeded to remove the remaining obstacles for the super-rich to buy American elections. In Citizens United v. FEC, the Supreme Court struck down, again on extremely dubious free speech grounds, the rules that had prohibited corporations from funding election campaigns under the flimsy condition that the money be officially structured as uncoordinated independent expenditures. Only two months later, in Speechnow.org v. FEC, the Federal Court of Appeals for the D.C. Circuit (the Deep State court par excellence) ruled that contributions to groups that only make independent expenditures could not be limited, either in size or source.
The super-rich have always dominated the funding of political campaigns – either directly with their money, or through the media they own, or by their shadowy non-profits – but these rulings finally obliterated a century of campaign finance laws and opened the spigots for unlimited political corruption by oligarch special interests, thus removing essentially all barriers to controlling every aspect of the electoral system. These decisions also led to the rise of the notorious Super PACs, the giant slush funds that can raise unlimited amounts of corporate funding – money that is often used on either abusive mudslinging ads aimed at opponents or for whitewashing the preferred candidates. But, of course, there is absolutely no coordination with the candidates themselves. (Trust us).
For more details on US campaign finance laws, please see the Appendix to this report.
Congress is the 5% serving the 0.1%
The number one precondition for American electoral success is either being rich yourself or being financed by the super-rich and their corporations. Usually both prerequisites need to be in place, especially for the higher offices. In no other country in the world does money play such an outsized role in politics.
Practically all US presidents have been millionaires in present day value and most of them multimillionaires. (Note 2). Interestingly, though, while Bill Clinton and Barack Obama were not millionaires when taking office, they miraculously became so after leaving the White House. This came through windfall profits from book deals and speeches to Wall Street bankers. The same happened with Hillary Clinton. (Note 3). Obama even rather quite shamelessly booked those millions while still in office. This stream of easy money is tantamount to payment for services rendered for being a loyal servant to the Deep State (the same Deep State that installed him in the first place). It also shows future inhabitants of top positions that obedience is quite lucrative. (Note 4.)
If we look at the current members of Congress – the 100 senators and 450 members of the House – 200 are millionaires and that does not even include the value of their primary residences. Including that asset would put the figure at close to 500, or a whopping 90%. (Note 5). And that is even before considering the assets formally held by spouses, in trusts or offshore. The net worth of the average congressman is at least five times the US median. (Note 6). Interestingly, most appear to mysteriously get richer while actually serving in Congress. Moreover, the wealth increase tends to be disproportionate to what could be accumulated based on their salaries. In brief, Congress is the 5% serving the 0.1%.
During the 2015-16 election cycle, presidential candidates spent $1.5 billion, congressional candidates $1.6 billion, political parties $1.6 billion, and political action committees (PACs) raised and spent $4 billion. The “independent expenditures” of Super PACs amounted to $1.6 billion. (Note 7).
Clearly, had President Trump not been a billionaire he would never have had a shot at the presidency. This time around, Mike Bloomberg, the world’s tenth richest man and the consummate corporate insider, made a stunningly explicit bid to buy the Democratic nomination, spending over half a billion dollars on campaign ads in only a couple of months. Even before facing a single voter, Bloomberg, a preposterous choice to lead the Democrats, was given credibility as a serious candidate and was able to avail himself of a large platform from which to spread his message. That Bloomberg, with his billions and his establishment-approved policies, still managed to fail so spectacularly was a news item in and of itself, causing a lot of head-scratching among the pundits. He is the exception that proves the rule. (Note 8).
Practically all of the top Democrat candidates – except Bernie Sanders – were heavily funded by billionaires, as shown in the infographic below.
For candidates who don’t happen to already be fantastically wealthy, campaign financing from big donor corporations and the top 1% is decisive. This is why congressmen tend to spend about 40% of their time soliciting campaign contributions, as former congressional staffer Mike Lofgren revealed in his bestselling book, The Deep State: The Fall of the Constitution and the Rise of a Shadow Government. (Note 9). Lofgren says outright that in “practice, the American political system allows only two political parties, which are wholly dependent on corporations and wealthy individuals to fund the most expensive campaigns in the world.” (Note 10).
The Democratic Party is a corporation by its own admission
Emblematic of the scam that US elections are was the Democratic Party’s admission to being a corporation.
In a trial against the DNC for the alleged rigging of the 2016 primaries in favor of Hillary Clinton and against Bernie Sanders, the DNC’s attorneys asserted that the party has every right to favor one candidate or another, notwithstanding party rules that state otherwise, because the party is a private corporation and is therefore free to change its rules as it sees fit. Unsurprisingly, the court accepted this claim. (Note 11).
In actually democratic countries, meanwhile, parties are obligated to adhere to fair and transparent statutory legal procedures in their operations. (Besides, even a corporation would have a fiduciary duty to follow the rules it has proclaimed).
Ballot access restrictions
That money has corrupted the system should hardly come as a surprise, but what is less apparent at first glance is how political competition is obstructed by a massive bulwark of byzantine regulations – the ballot access laws – that are designed to protect the deeply ensconced two-party duopoly.
The dominance of the two parties has not come about as a result of voters’ sympathies as expressed in natural democratic competition, but rather through devious manipulation of laws for the aim of securing monopolies for the establishment parties. Each state has enacted its own laws for determining the procedures for parties and candidates to be officially registered to run for office. Rather than attempting to level the playing field, these laws guarantee automatic ballot access to the monopoly parties while barring the door to rivals who could potentially threaten the absolute power of the oligarchs that these parties represent.
While the Democratic and Republican parties get on the ballot automatically, challengers must attempt to file separately in each of the 50 states and the District of Columbia. Ballot access laws are determined by each state separately, and different rules apply for presidential, congressional, state and local elections. Presidential candidates from non-monopoly parties have to petition for ballot access in each state. This means navigating absurdly cumbersome procedures in each state separately and, among other things, having to collect some 1.5 million signatures nationwide. Furthermore, the rules and timing are different in every state, making it very difficult to overcome each state’s barrage of obstacles while meeting all of the deadlines.
In those states where a third party is unable to overcome the filing hurdles, voters are denied the opportunity to vote against the oligarchy. And of course a vicious cycle takes hold: because it is practically impossible to get on the ballot in all states, third-party candidates who are not on the ballet everywhere are seen as lacking national appeal, making them less attractive to voters (and, of course, this reinforces the difficulty of getting on the ballot in the future). Voters are loath to “waste their votes” on candidates who are deemed not to have a winning chance, an impression solidified by the lack of media coverage for such candidates.
Most states also apply rules requiring that a party meet a certain vote threshold in a recent election in order to keep its ballot status for the next election. For example, in Alabama a party needs to garner 20% in a state-wide election to retain ballot access. Such thresholds are set so high that they form an automatic party liquidation guillotine: few third parties ever make it on to the ballet and almost none make it regularly. This means that no momentum is ever achieved and the process of reforming the party and relaunching attempts to make the ballot must be done every few years. For would-be third-party activists it’s a hopeless proposition.
Such arbitrary restrictions and onerous obstacles toward even standing for election is practically unheard of anywhere else. Such a system doesn’t exist anywhere in the free world and may be bewildering for those accustomed to thinking of America as a beacon of democracy. The restrictiveness of America’s “democracy” is more appropriately compared to any number of “third-world” countries in which either only one party is allowed (such as North Korea) or where opposition parties exist but are cast to the far periphery of the political system. America certainly falls squarely in this category, but its innovation is to scrupulously maintain the façade of democratic processes, which essentially amount to carefully staged sparring, mostly over irrelevant issues, for the sake of maintaining the illusion of political plurality.
The restrictive ballot access laws also greatly diminish democratic competition in state legislative elections. In 2012, about one-third of all state House and Senate candidates ran unopposed – quite similar to how it was back in the USSR. (Note 12).
Examples of how the oligarch-owned monopoly parties are favored
The ballot access laws vary enormously from state to state, both in terms of the nature and severity of the requirements. North Carolina, with a population of about 9.8 million, requires almost 90,000 signatures. (Note 13). Oklahoma requires a petition signed by voters equal to 5% of the vote cast in the previous election. An independent presidential candidate, or the presidential candidate of a non-qualified party, may get on the ballot with a petition representing 3% of the last presidential vote. To remain qualified for the next election, a party must garner at least 2% of the total vote in the gubernatorial election.
In Nebraska, the rigged rules fast-track parties that received at least 5% of the vote in a statewide race. Nevada has doubled down on the election rigging by demanding that a party achieve 10% in the preceding general election for Congress.
Another example of egregious hurdles is Maryland’s requirement that an independent candidate collect four times as many signatures as a major-party candidate. In Florida, an independent presidential candidate needs 110,000 signatures, while Texas requires independent candidates to collect signatures equaling 1% of the previous presidential vote.
Georgia gives automatic ballot access to a political party whose candidate received at least 20% of the votes cast in the previous gubernatorial election or whose candidate in the last presidential election received at least 20%.
Kentucky uses a three-tiered system for ballot access based on the results of the previous presidential election. Only parties whose candidate for president achieved at least 20% of the popular vote are considered “political parties,” whereas those getting between 2% and 20% get the status of “political organization,” and those with less than 2% of the vote are deemed a “political group.” These classifications then determine the hurdles that must be overcome to get onto the next ballot. Clearly, parties that can’t even be classified as parties struggle to make headway.
Pennsylvania extends the “political party” status to a party that manages at least 2% in the most recent election, but after a two-year grace period a party must meet the outrageous threshold of having voter enrollment of no less than 15% of the state’s total party enrollment.
Et cetera and so on and so forth. Some states have been more innovative than others in putting in place a system that suppresses democratic choice.
Follow the links below for a closer look at all of the restrictive ballot access rules:
Only billionaires can attempt to overcome the hurdles – and even then often in vain
Only a well-established national movement – or a billionaire – could put together an organization that could even theoretically overcome the filing hurdles in all 50 states. This system of obstruction of the democratic process has worked precisely as intended: with the sole exception of billionaire Ross Perot, there has not been a single viable candidate outside of the monopoly parties.
In the 2016 election, while the Democratic and Republican parties were automatically on the ballot in all 50 states, the only other party that managed to get ballot access in all states was the Libertarian Party. The Green Party, which is a viable and increasingly popular alternative in many other countries, was left off the ballot in six states. The Constitution Party made it on to the ballot in just 24 states.
The billionaire Ross Perot ran in 1992 as an independent and in 1996 representing the Reform Party, which was set up specifically for his campaign. However, because the party had difficulty navigating the restrictive ballot laws, he was forced to run as an independent in some states. In 1992, he received 18.9% of the popular vote, making him the most successful third-party presidential candidate in terms of the popular vote since Theodore Roosevelt in the 1912 election.
You can collect all the signatures you want, but it won’t help
It was estimated that in the 2016 election an independent candidate would have needed to collect a staggering 880,000 valid signatures to meet the thresholds in all states combined. (Note 14). But because the monopoly parties regularly challenge the legitimacy of the signatures that are collected, opposition parties must collect double that amount to stay above the thresholds. This is because there is a very real and proven risk that as many as half of the signatures can be declared invalid on absurd technicalities that are concocted following legal harassment by the monopoly parties. For example, signing “Bill” instead of “William” or leaving out a middle initial are among the many pretenses for signatures being disqualified. (Note 15).
Not only must candidates collect a prohibitive amount of signatures, but whoever ventures to do so should also be ready for a protracted legal battle to defend against endless litigation instigated by an army of attorneys that the monopoly parties can summon in order to obstruct third parties and independents in their efforts to register. The establishment lawyers, aided by corrupt state officials, go to great lengths to challenge the accuracy of candidate filings and often reject the authenticity of signatures on whatever flimsy or fabricated grounds they can find. (Note 16).
A case in point is the outrageous treatment that independent candidate Ralph Nader was subjected to in his 2004 presidential bid. (Note 17). After Nader’s campaign had managed to gather and file the needed signatures in all 50 states, the Democratic Party and its stooges mounted a campaign to challenge all of Nader’s filings. They ended up filing 29 complaints in 19 states against Nader’s campaign with the aim to get Nader stricken from the ballot. And, sure enough, they succeeded in taking him off the ballot in Pennsylvania, Oregon, Missouri, Virginia, Ohio and several other states. Pennsylvania’s measures aimed at keeping independent candidates out included, in addition to the punitively high number of required signatures, a prohibition on people from out-of-state collecting signatures on behalf of a candidate and the requirement that every signature sheet be separately notarized. In Pennsylvania, a lawyer for the Democratic Party successfully invalidated – for ridiculous reasons – the authenticity of over 30,000 of Nader’s signatures. (Note 18). For Pennsylvania Democrats it was not enough, though, to simply take Nader off the ballot, they also proceeded to present him with a large bill for lawyers’ fees as a punishment for having had the audacity to encroach on the duopoly’s turf. Nader then became the first candidate in American history to be penalized, with a legal bill totaling $81,102, just for the crime of attempting to run for public office. (Note 19).
This later unfolded into a giant corruption scandal, which ultimately put members of both duopoly parties behind bars. It emerged that the Democratic Party had illegally enlisted an army of state officials to participate in the concentrated attack on Nader’s campaign. Not only were they working at taxpayers’ expense, but they even received about $2.3 million in government bonuses for their subversive activities. But, remarkably, even as it was proved that Nader’s petitions were challenged via illegal means, his $81,000 bill for the legal fees of his inquisitors stood. And no lessons were gleaned from the affair. Two years after Nader’s failed bid, Pennsylvania’s Green Party tried to run Carl Romanelli for US Senate against Democrat Bob Casey and Republican Rick Santorum. Romanelli managed to collect more than 100,000 signatures (more than the formally required 67,000), but he too ended up being challenged and knocked off the ballot. And, again, the Democratic Party’s legal fees were billed to Romanelli as the losing party. Since then in Pennsylvania numerous other independent candidates have been equally destroyed through various means.
With the path to the presidency littered with the bones of brutally snuffed out third-party bids, both Democrat-cum-Republican Donald Trump and Democrat-cum-Republican-then-independent-and-Democrat again Michael Bloomberg understood that working within one of the two parties – and using their massive financial resources – was a far more promising strategy than mounting a quixotic third-party bid. But the flip-flopping history of party affiliation of those billionaire tycoons clearly shows how the two parties are essentially interchangeable electioneering tools for the elite and that neither party is overly concerned with ideology or convictions.
The Constitution is not to blame
The morass of elections laws is often defended on the premise that it should be the prerogative of the individual states to set their own laws even for federal elections. However, Article I, Section 4 of the United States Constitution says that, while election laws are primarily set by state legislatures, Congress has the power to alter them as it sees fit. And indeed, Congress has done so by enacting uniform nationwide campaign spending laws – those very laws that were undermined by the Supreme Court’s nationwide rulings. In 1967, Congress also passed a law that mandated single-member districts across the country, which demonstrates that the Constitution and federal structure of the United States are not actually obstacles to conducting democratic reform of the ballot access laws, if only there were the will to democratize the country.
Richard Winger, in his article “How Ballot Access Laws Affect the U.S. Party System,” demonstrated that the Supreme Court has been a conniving partner in letting states tighten their ballot access laws with practically no limits. Although the Court has from time to time made a token gesture some excesses in the ballot restrictions, such instances have never managed to set a precedent for curbing undemocratic practice. Winger writes that the Court’s ballot access decisions, taken together, have actually had the effect of increasing the severity of the laws, rather than ameliorating them. (Note 20).
Winger’s article also gives a lucid account of the history of these restrictive rules and how the screws have been gradually tightened.
There is nothing good in the supposed stability that a two-party system brings
Winger writes: “In a normal two-party system, there are still significant third parties. In the United States, there were significant third parties before 1930, but there have not been any since then. The reason there are no longer any significant third parties is because the ballot access laws have become severe.” (Note 21).
Apologists for the US two-party system argue that governments are typically more stable in two-party systems, because viewpoints on the fringes of societal discourse are supposedly neutralized. Wikipedia, for example, hilariously writes: “First-past-the-post minimizes the influence of third parties and thus arguably keeps out extremists.” (Note 22).
However, a US-style managed two-party system protected by rigged laws and court rulings provides as much stability as the USSR one-party system did, all while destroying political competition and depriving the system of the flexibility and mechanisms to adapt to new realities. A two-party system lacks any safety valves to let steam out, meaning the problems just pile up until the pressure is such that the whole system implodes. This has now happened with the US economy, a circumstance for which the rigid two-party system deserves heavy blame. The economic catastrophe in the US is in plain sight for anyone to see, same with the US healthcare debacle, but it is the rotten political monopoly of the corporate elite that has so steadfastly prevented the real issues from being addressed.
What is interesting – and underscores the undemocratic nature of the system – is that surveys consistently show that independents easily outnumber both Democrats and Republicans and that voters overwhelmingly would want to have another choice. (Note 23). In fact, 43% of Americans identify as politically independent. (Note 24).
More problems have piled up to destroy US democracy
In addition to the three main issues discussed above, I will briefly list a number of additional problems that contribute to the huge democracy deficiency in the United States.
(4) The US does not have a proportional voting system, which would force the monopoly parties to be alert to the real needs of society and which would guarantee political representation for competing ideas. Instead, plurality voting is practiced, which means there is a system of single-member districts where the winner takes all even if it does not achieve a majority of votes (first past the pole). In some states, the system is modified with a runoff between the two candidates who got most votes in the first round. A truly democratic system would require a proportional distribution of seats based on party totals.
Some of the election systems are truly absurd. A good example is California’s so-called “top-two” primary system, in which all candidates from all parties must participate in a primary, while the top two vote-getters – even if from the same party – move on to the general election. That really shows that the sham two-party system is, in reality, a one-party system.
(5) The problem with the single-member voting districts has been exacerbated by the practice of gerrymandering, which refers to the system of manipulatively redrawing the boundaries of electoral constituencies. This is done to establish an unfair advantage for one of the monopoly parties or for certain favored candidates within a party. In either case, the effect is to diminish competition.
(6) Large parts of the electorate have been disenfranchised, that is, unconstitutionally deprived of their right to vote. Every state except Maine and Vermont prevents inmates from voting while in prison for a felony. Once released from prison, voter eligibility varies widely by state. A few states – mostly Southern states with large black populations – permanently deny the right to vote to all ex-convicts. That is nothing short of an extra-judiciary punishment, which is designed to prevent the poor and most oppressed sectors of US society from participating in the electoral process.
Over the last half century, the number of disenfranchised individuals has increased dramatically along with the rise in the inmate populations, from an estimated 1.17 million in 1976 to 6.1 million today. (Note 25). Nationally, 13% of the African-American population (an even higher percentage in some states) are now denied the right to vote because of felony convictions. (Note 26).
How capricious the system is can be seen from a case in Alabama, where a man was blocked from voting because he owed the state $4. (Note 27).
(7) Another absurd feature of the American election system is voter registration. In order to retain the right to vote, American voters must register in advance. In a true democracy, it is the obligation of the government to ensure that all citizens have easy and equal access to voting. It is the government’s duty to put in place a system for registering voters and not mandate that voters undergo cumbersome procedures. In democratic countries – like Russia – a voter is automatically enrolled based on residence. It is the obligation of the government to ensure that all citizens are entered in electoral rolls. Usually, this is done through the requirement that each individual provide his or her address to the authorities. But the US voter registration system is a totally arbitrary process that is frequently used to prevent – again – the poor and oppressed from voting. But sometimes the arbitrariness of this works the other way: voter registration laws are sometimes made so lax that non-citizen immigrants can unconstitutionally vote. This is the case, for example, in California, which does not require proof of citizenship for voter registration.
It gets more absurd from the point of view of a democracy when we consider that, when registering a voter, a party affiliation – Democrat, Republican or independent – must be indicated. The inability to conceal one’s political preferences means that there is no voting secrecy in the US. And this is public data for anybody to see, for example, a potential employer.
Altogether, there are 31 states (plus the District of Columbia) that indicate a party when registering voters. In aggregate, 40% of all voters in party registration states are Democrats, 29% are Republicans, and 28% are independents. Nationally, the Democratic advantage in the party registration states approaches 12 million. (Note 28).
(8) After voter registration, there is the problem of voter identification at the poll station. For example, California has no law requiring that voters present photo identification, although sometimes it ends up being required anyway. But when voters do need to identify themselves they can provide any one of the following as proof: a California identification number, the last four digits of their social security number, a copy of a recent utility bill, a sample ballot booklet sent from the county election office, a student ID or a driver’s license. Of course, a passport can also be presented, but why bother when a utility bill is enough.
(9) Interference in politics and elections by law enforcement and intelligence agencies under the control of the US Deep State. Even with practically all aspects of the electoral system totally rigged in favor of the two monopoly parties, the establishment has lately been having problems with ensuring the desired election outcomes and therefore has resorted to openly employing their administrative resources in the State Department, law enforcement (DOJ, FBI) and intelligence agencies (CIA and the other 16 sisters) to interfere in elections. Most blatantly this has occurred in connection with the events subsumed under the Russiagate witch hunt. While cynically levying false accusations at Russia for meddling in the US elections, these agencies were actually engaged in this mendacious – not to mention treasonous – activity themselves. (Note 29).
(10) Finally, in winding up this discussion of the distortions in the American political system, I would be remiss if I did not mention a particularly lurid piece of American Kabuki theater – the public debates among the candidates. Whereas in more democratic countries debates are usually open to all candidates who meet a reasonable minimum threshold in America the show is reserved exclusively for duopoly candidates. The debates themselves are mostly platforms for empty clichés, prepared one-line zingers and vacuous rallying cries about the greatness of the country. The show is carefully managed in such a way as to keep meaningful issues from being addressed, thus preventing any challenge to the agenda of the establishment.
When televised presidential election debates started in 1976, the organizer was the nonpartisan League of Women Voters. However, the LWV withdrew in 1988 in protest of the major-party candidates attempts to dictate nearly every aspect of how the debates were conducted. (Note 30). In the statement announcing its withdrawal, the LWV prophetically stated that “the demands of the two campaign organizations would perpetrate a fraud on the American voter.” This allowed the duopoly to seize full control of the debates through a vehicle called the Commission on Presidential Debates (CPD), which since its inception has been headed by former chairs of the national committees of the two major parties. In order to exclude third-party candidates, a rule was instituted that to qualify for a debate candidates must garner at least 15% in opinion polls and must be on the ballot in a certain number of states, which in itself is extremely hard, as we saw above.
Ross Perot is the only third-party candidate to have crashed the party of CPD-organized debates, having found his way onto the stage during his 1992 presidential run. The CPD itself was against Perot’s inclusion, but both major party candidates, George H.W. Bush and Bill Clinton, were convinced that Perot would do more damage to the other one and therefore wanted him included. As it turned out, it was Bush who miscalculated with that gamble. (Note 31).
At a 2000 presidential debate, meanwhile, Green Party candidate Ralph Nader was not even allowed to sit in the audience – much less participate – even though he had a ticket to be a spectator.
Typically for America, the CPD presidential debates are also a great platform for corporate sponsors, who display their advertisement during the show. Tobacco giant Phillip Morris was a major sponsor in 1992 and 1996, while Anheuser-Busch sponsored presidential debates in 1996, 2000, 2004, 2008 and 2012.
The way the Democratic Party has been rigging its primary debates – in an already familiar pattern – provides further insight into how the debate shenanigans work. In this recent primary season, the DNC actually changed the rules in order to exclude the undesired Tulsi Gabbard, who had committed the mortal sin of expressing views that questioned establishment orthodoxy. (Note 32). This came after the DNC earlier changed a different set of qualification rules so as to let Michael Bloomberg, who was not even on the ballot in the first primary states, buy his way onto the debate stage. (Note 33).Jon Hellevig
Some international comparison
The extreme disparity of the burdens placed on new parties versus the old established parties in the US has no parallel in any other democratic nation in the world. (Note 34). A research project conducted jointly by Harvard University and the University of Sydney ranked the United States worst in the West for fair elections. (Note 35).
The Organization for Security and Co-operation in Europe (OSCE) – which is about the only international organization allowed to monitor US elections – has frequently criticized the US for its restrictive ballot access laws and other serious shortcomings. (Note 36).
Concluding remarks – RIP democracy
I have earlier written an essay on how I view the essence of democracy, which appeared as Book II “On Democratic Competition” in my philosophy book All is Arthttp://www.hellevig.net/allisart.pdf (Note 37). I regard true democracy as a function of societal competition, or more precisely, the competition for regulating power relations in society.
It thus follows that democratic competition must be fair and conducted on equal terms for all participants, that is, all citizens. Democratic competition is the cumulative result of complex interrelations in all spheres of social life, and it is largely the overall condition of a society that fosters or hinders such competition. The quality of a democracy – whether it is an authentic one or it is badly compromised – is a function of all these conditions in their infinite variances.
For it to be fair and conducted on equal terms, this competition must be free from monopolistic forces that prevent all members of society from participating on equal terms. As we saw from the analysis of what counts as the democratic system in the US, all of the major components affecting the democratic processes have been consolidated in the hands of the plutocracy. The oligarchs have essentially privatized the political system and are able to exert disproportionate and usually decisive influence on outcomes that should be open-ended. Having bought the state legislatures, the oligarchs have enacted self-serving ballot access laws. With their money, they totally control all election-related avenues for mass communication, including the televised debates. They own the media, which denies 99% of the population a platform for their opinions and effectively filters out all alternate views.
Freedom of speech should be seen not only as a right to voice one’s opinions in the local bar but as entailing equal access to the means of communication, i.e. the media. Of course, this is not the case, which means there is not a level playing field for democratic competition – and this means no real democracy. The oligarch takeover of the US media has meant that huge censorship and propaganda machines have replaced what should be open and free discourse. The absence of true competition in the media has meant that not just is there no real freedom of speech but that the media has issued to itself a license to lie with impunity while sanctimoniously proclaiming the existence of a free press.
Elections should be considered only as the culmination of democratic competition when all other necessary conditions in a society are in place. But where such conditions for a democratic choice are absent, it can actually be more harmful for democracy (the sovereign power of the people) to carry on voting at the polls in what amounts to sham elections. To do is to perpetuate the system and implicitly provide one’s consent to the falsehood. What the US political elite is trying to sell us is that democracy means nothing more than periodically conducting elections between nearly identical oligarch-owned parties. In other words, we are to believe that as long as the form remains the substance can be cast aside. But if measured by that standard, even the USSR was democratic – once in a while people were dutifully summoned to the polls to confirm the absolute power of the monopolist.
As I have defined democracy, it must be seen and analyzed as a social practice, a phenomenon brought about by people’s interactions in all their myriad forms. This understanding of democracy as a social practice has not been properly appreciated. Scholars have tended to define democracy through formal and legalistic criteria, such as the existence of certain institutions and certain formal supposed legal safeguards of those systems (a system of courts, periodic elections, etc.). But as long as scholars do not move beyond those concepts to analyze what the institutions actually stand for, they fail to detect – or fail to admit – the obvious deficiencies of democracy in countries in which these formal criteria are met but where the democratic processes have seriously eroded. This is particularly pertinent in countries – such as the US – where much effort has been expended to maintain the illusion of democracy. My aim has been to bring about the understanding needed tackle this question by looking at the constituent phenomena of the social practice of democracy.
Today, precious little real democracy remains in the countries that boast of being democratic. The concept of “democracy” has been totally detached from the actual reality and is being maintained as a ritual symbol. Now utterly devoid of content, the word is incanted as a charm to instill the feeling among American and European regime subjects that they belong to a good and virtuous society and that they are empowered to influence the course of that society.
The indoctrinated classes speak of liberal democracy (by which they mean Western democracy), which they imagine to be a representative government put in power by free and pluralistic elections. The fantasy extends to a belief that the system is based on a separation of powers among a legislature, executive and judiciary. Of course, this is no longer the case: these branches operate in unison and the plutocracy presides over them all. Other incantations include the “rule of law”, “open society”, “Western values”, “human rights” and “market economy.” All of these are hollow shells of ideas that in our day and time mostly serve the purpose of virtue-signaling. The reality is that Western societies have turned into full-fledged repressive surveillance and propaganda states, in which any features of an open society were long ago eradicated. There is absolutely no market economy, but rather a totally monopolized crony capitalist system in which, as we are seeing now, corporate interests are bailed out at the first sign of trouble.
Scholars claim that liberal democracy supposedly is based on the principles of classical liberalism. Nothing could be further from the truth. But, their most pathetic theory is the so-called “democratic peace theory.” This fantasy posits that these “liberal democracies” are hesitant to engage in armed conflict with other democracies. Several factors have been promoted as justifying the democratic peace theory, one more hilarious than the other:
Democratic leaders are forced to accept culpability for war losses to a voting public;
Publicly accountable statespeople are inclined to establish diplomatic institutions for resolving international tensions;
Democracies are not inclined to view countries with adjacent policy and governing doctrine as hostile;
Democracies tend to possess greater public wealth than other states, and therefore eschew war to preserve infrastructure and resources.
(List derived from Wikipedia).
Let’s imagine that to be true, then what explains that these Western countries have been ready and raring to incessantly wage wars of aggression against the rest of the world, the countries they define as not belonging to the club of democracies? Moreover, these Western “liberal democracies” do not go to war with each other, because they are all essentially occupied subjects of the United States.
In my book, I describe the conditions for an ideal, true democracy. But that does not mean that I think that such a democracy is possible; on the contrary, nothing of the sort can ever actually exist. Any open society will be attacked by oligarchs, who will try to subjugate it under their rule – and most often they succeed. This is true both domestically in their own countries and abroad. The US-based oligarchs and their helpers in Europe have over the last century assaulted every single nation on the planet. No country should ever leave itself vulnerable to such aggression. Each should devise a sovereign system of governance that is fair and based on real justice (social, economic, and moral) without playing the fool’s game of so-called Western “liberal democracy.” China has set a good example of this.
NOTES COME AFTER APPENDIX
APPENDIX
CAMPPAIGN FINANCE LAWS, SMOKE AND MIRRORS
The US is obsessed with campaign finance regulations, which are structured so that if anything is restricted by one rule, it is allowed by another. There’s a Russian adage that perfectly describes the essence of the US campaign finance laws: “If it is forbidden, but you very much want it, then go ahead.”
Below is a summary of the campaign finance laws governing federal elections.
Candidates are free to use their personal funds for campaign purposes without any limits, but accepting campaign contributions from others is restricted – unless you use any number of the gaping loopholes available to circumvent the restrictions. An individual person can contribute only $2,000 directly to a candidate, per election. But whereas donations to individual candidates are limited to that relatively small amount, the backdoor is wide open. Individuals can donate as much as $777,600 per year to party committees, while if a spouse is included, a family contribution can reach $1,555,200 per year. These limits are reported as they stand after having been generously increased tenfold in 2014 in a drive to allow ever larger sway over the elections for the super-rich. According to oligarch shills, this enormous money would not be fatal for democracy, because it is “only allowed to go to special accounts earmarked for specific purposes, such as party headquarters maintenance, recount preparations and presidential conventions” and that the “money cannot legally be used for other purposes.” (Note 38).
One of the backdoors designed for circumventing campaign finance restrictions is for a lobbyist to assist a congressman in amassing campaign finance by arranging fundraisers, assembling PACs, and seeking donations from other clients. Yet more effective than gathering hard money (direct contributions to a candidate) is to work with soft money campaign finance. Soft money is the real hardcore of campaign finance. Soft money exploits the loophole in federal campaign finance and spending laws that exempts contributions made for general party-building rather than – ostensibly – for a specific candidate. This is a form of political money laundering, because the state party committees send the soft money up to the national party headquarters, which then can spend the money at its discretion without restrictions. (Note 39).
In addition to contributions given directly to candidates (candidate committees) and parties, individuals can contribute to a variety of political action committees (PAC). The limit for individual contributions to these are $5,000. Connected PACs can be set up by corporations, non-profits, labor unions, trade groups, or health organizations. These PACs are allowed to accept contributions only from managers and shareholders or members in the case of unions and non-profit organizations. The sponsor of a Connected PAC may absorb all the administrative costs of operating the PAC and its fundraising activities. A slightly other form is the Non-Connected PAC, which must bear its own administrative costs. PACs can give $5,000 to a candidate committee per election (primary, general or special). They can also give up to $15,000 annually to any national party committee, and $5,000 annually to any other PAC.
Another vehicle designed to circumvent the original campaign finance restrictions is something called a Leadership PAC. These are PACs set up by elected officials and parties that make “independent expenditures.” If the expenditure is supposedly not coordinated with the candidate, there is no limit to how much can be spent on that candidate’s campaign. Leadership PACs are non-connected PACs, meaning they can accept donations from individuals and other PACs – so there’s another backdoor wide open. A leadership PAC sponsored by an elected official cannot use funds to support that official’s own campaign, but no worries, it may fund travel, administrative expenses, consultants, polling, and “other non-campaign expenses,” as they call them.
Move one level up on the ladder of campaign finance schemes and you encounter the “independent expenditure committees,” commonly known as Super PACs. These are campaign finance vehicles that masquerade as third-party groups allowed to advocate for or against any candidate or issues, “as long as there is no coordination, consultation or request by any campaign or candidate.” That’s a fig leaf, if ever there was one. Everybody knows that coordinating is exactly what they do.
Tired of dabbling in a few thousand dollars, the heavy hitters have embraced these Super PACs. These represent the ultimate invention in free-for-all campaign finance, as they can raise unlimited amounts of funds, with the additional beauty that corporations, too, may invest as much as they want. While traditional PACs can donate directly to a candidate’s campaign fund, the Super PACs are not allowed to make direct contributions to candidates or parties and must ostensibly limit themselves to political spending independently of the campaigns. They are allowed to pay for ads supporting their favorite candidate and discrediting the opponents as long as they “act independently” and “do not coordinate” with the official campaign of the candidate they support. So according to the legal legend, Super PACs are independent from candidates, but obviously the reality is that their directors have close personal connections to the candidate and the campaign they support. (Note 40).
Super PACs are the ultimate dens of the political spin doctors, where nasty and abusive mudslinging ads attacking the opponents of the candidates that they are whitewashing are devised.
In addition to hard and soft money, the American campaign corruption menu includes darkmoney. Dark money refers to political spending by nonprofit organizations (referred to as 501(c) organizations). These are allowed to raise unlimited amounts from corporations and individuals, and to spend these unlimited amounts any way they wish. They call it dark money because that’s exactly what it is: the identity of the donors and of the campaigns, candidates and other possible recipients of the money, as well as the amounts raised and spent, are exempt from disclosure requirements. The flooding of elections with dark money was made possible by the US Supreme Court’s decision in Buckley v. Valeo. (More on this below).
Dark money syndicates are distinct from Super PACs. Both can raise and spend unlimited sums of money, but super PACs must disclose their donors, while dark money syndicates don’t have to do that and must not (ostensibly) have politics as their primary purpose. This is no problem for the US oligarchs, as they simply set up both types of entities to get the best of both worlds. This way corporations and individuals can donate as much as they want to the nonprofit, which isn’t required to publicly disclose funders. The nonprofit could then donate as much as it wanted to the Super-PAC, which lists the nonprofit’s donation but not the original contributors.” (Note 41).
Money is speech. Really?
The Super PACs were in essence generated by two highly questionable judicial decisions. In January 2010, the Supreme Court established in Citizens United v. Federal Election Commission that the government may not prohibit corporations from making independent expenditures for political purposes. Only two months later, in Speechnow.org v. FEC, the Federal Court of Appeals for the D.C. Circuit ruled that contributions to groups that only make independent expenditures could not be limited in either size or source.
The super-rich have always been dominate in funding political campaigns – directly with their money, through the media they own and by their shadowy nonprofits – but these decisions finally obliterated a century of campaign finance laws and opened the spigots for unlimited political corruption by oligarch special interests in order to give them absolute dominance and free rein for total political propaganda.
The Supreme Court’s extraordinary maneuver to further rig the campaign finance laws in favor of the super-rich was based on two questionable legal theories that took root in the mid-1970s. One held that money is speech and the other that corporations are people. (Note 42). These fabricated legal principles were needed in order to create the framework for the politically motivated claim that a restriction on the amount of money that the super-rich can use for buying elections supposedly meant an infringement on First Amendment protected freedom of speech. Then, because free speech, like any other human right, can only belong to people, the court declared that corporations are people. In the case that established these doctrines, Justice Anthony Kennedy, in the majority opinion, defended this juridical fraud by arguing that that limits on using corporate funds for campaigns were supposedly a “classic example of censorship.”
The perverted “money is speech” doctrine first appeared in a 1976 decision, Buckley v. Valeo, which invalidated some campaign-finance reforms that had come out of the Watergate drama. (Note 43). The Supreme Court then concluded that most limits on campaign expenditures, and some limits on donations, are unconstitutional because money is in itself speech and the “quantity of expression”– the amounts of money – can’t be limited. (sic! – or should we say sick!) What the Supreme Court did is to declare that corporations should have a First Amendment right to spend limitless amounts to meddle in US elections.
Obviously, the legal construction of a corporation means that it has some features of a person, mainly the right to register the title for assets and enter into agreements – which is why they are called legal persons – but the extension of corporate personhood to protection of free speech is an extraordinary invention.
The US Supreme Court, the guarantor of oligarch rule
Obviously, these court decisions are totally politically motivated and aimed at securing the super-rich’s overwhelming control over the US government. The US Supreme Court is not an independent arbiter of justice but rather a club of servants for the elite few. The appointment of a Supreme Court judge is an entirely political process. A candidate is nominated by the president and confirmed by the Senate. Considering that the presidents and the senators all are totally dependent on oligarch finance, oligarch media and of all the structures of the oligarch Deep State, the Supreme Court justices unsurprisingly serve the same interests. Considering that the Constitution does not set any qualification criteria for Supreme Court judges, better independent judicial protection would be achieved if the judges were appointed by lottery among all serving US judges.
This political process of appointment of judges essentially nullifies the constitutional principle of separation of powers, which holds that the three branches of government – executive, legislative, judicial – are kept independent from each other. With the politicized court the constitutionally intended checks and balances between the branches of power have essentially been wiped out.
These campaign finance shenanigans are part of an endless stream of rulings that show that the Supreme Court is following a political agenda favoring the already rich rather than administering justice. As David Kairys wrote: “At its core, this line of cases is about dominance of the political and electoral system by wealthy people and corporations and about legitimizing a political and electoral system that is unrepresentative, money-driven, corrupt, outmoded, and dysfunctional. Wealthy people and corporate managers shouldn’t dominate politics or have more and better speech rights than the rest of us. That seems like an obvious truth. And yet the Supreme Court’s recent decisions move us away from it.” (Note 44). All Court decisions in these matters (and not only these) have been heavily biased towards enabling the richest one percent to buy outsized influence of the US government. (Note 45). It is obvious beyond any doubt that the money-is-speech theory is nothing but a rhetorical device used exclusively to solidify this trend and to provide First Amendment protection for all money that wealthy people and businesses want to spend on election interference. (Note 46).
The oligarch shill Roger Pilon, in a speech to the libertarian stink tank Cato Institute, said that “the Court has said that regulations of political contributions and expenditures will be upheld only if they achieve a compelling governmental interest by the least restrictive means.” (Note 47). See, compelling governmental interest is the question. With “governmental interest,” we must mean the interest of the government as a custodian of the people, that is, the people’s interest. Then the question really is what more compelling reason could there possibly be to restrict this falsely advertised “free speech” than guaranteeing an equal value to everyone’s vote. Government precisely has a compelling interest in fostering equal participation in the election processes and stopping the corrosion of democratic ideals that results when election costs spiral out of control and only the super-wealthy have influence.(Note 48).
The Supreme Court has been extremely choosy in implementing its newfound love for free speech
It is also clear that the Supreme Court has been extremely choosy in implementing its free speech policy. When it comes to forms of speech other than the dollars drowning the voices of the people, the government and the corrupted courts have had no qualms about passing laws and judicial resolutions that run roughshod over free speech. (Note 49).
More generally, the Court has not employed its free speech theories uniformly, but only when they suit their agenda. (Note 50). In the last few decades, the Supreme Court has limited speech rights for demonstrators, students, and whistleblowers. It has restricted speech at shopping malls and transit terminals. Taken as a whole the establishment’s pocket court’s First Amendment jurisprudence has enlarged the speech rights available to wealthy people and corporations and restricted the speech rights available to people of ordinary means and to dissenters. (Note 51).
The Court has in particular developed as so-called “secondary effects” doctrine, according to which the government is allowed to restrict speech if other purposes justify it. (Note 52). Thus, if the Court in reality believed its fabricated money-is-speech theory, then it would have good reason to conclude that this money-speech may legally be restricted in order to uphold the democratic principle of equal participation in elections, for which purpose it is necessary to restrict the ability of the super-rich to buy the elections wholesale. (Note 53).
It is also telling that when the Court struck down campaign finance limits by reference to this money-is-speech doctrine, it did not go all the way. What it did was to allow unlimited election campaign finance for corporations. That’s free speech, the Court opined. But at the same time, it upheld other restrictions on campaign finance. In particular, it reasoned that the restrictions on the amounts individuals could contribute to campaigns and other direct contributions (as opposed to the fictitious “independent expenditures”) were justified to avoid corruption. So, miraculously there was no problem with the same free speech principles in restricting the freedom of money-speech of the actual humans for whose protection the First Amendment was actually enacted. Essentially, corporations were given unlimited free speech protections that were denied to actual people. This just goes to show how politically expedient the court rulings are and how flimsy and inconsistent the arguments in support of them are. There is no justice, only rules that the powers that be put in place based on their judgments of how far they can go in a given situation.
15. Bennett, James T. Stifling Political Competition: How Government Has Rigged the System to Benefit Demopublicans and Exclude Third Parties (Studies in Public Choice) (2008).
Whatever forces are behind the current spread of the current coronavirus justifying the shutdown of major nations across the globe, one thing is increasingly certain: a new system will absolutely emerge from the current one. What remains to be seen is whether this new system will be shaped by those fascist crisis-loving technocrats pushing for a unipolar world order, or whether it will be organized by sovereign nation states working together under a multi-polar community of principle.
Amidst the confusion and fear driven by the global pandemic, President Trump passed a fascinating Executive Order on April 6 calling for the mining of asteroids and the Moon which may serve as the gateway to shaping a new system of economic relations, rules and values around a shared future for humankind. Trump’s Executive Order states in part that “successful long term exploration and scientific discoveries of the Moon, Mars and other celestial bodies will require partnerships with commercial entities to recover and use resources, including water and certain minerals in outer space.”
In stark opposition to those cynics who wish to analyse every event from the lens of simple geopolitics, the executive order goes on to reject unilateralism in space (promoted by the Space Force ideologues seeking to extend militarisation beyond earth) and rather calls for cooperation, stating that the USA “shall seek to negotiate joint statements, and bilateral and multilateral arrangements with foreign states regarding safe and sustainable operations for the public and private recovery and use of space resources.”
This potential for a shared future for global (and celestial) development stands in stark opposition to certain forces who would rather use the two-fold crisis of economic collapse and viral pandemics to usher in a new age of fascism and world government under a Global Green New Deal. As I wrote in an earlier paper, this clash is exemplified by the closed system thinking of Malthusians and neocons vs. the open system thinking of genuine patriots and world citizens.
How the Dream of Open System Economics Was Lost
It was once believed in the west that the future would be beautiful, just, and as plentiful as it was peaceful. Under John F. Kennedy’s bold leadership the idea of space exploration was more than a simple “space race” or plopping a human being on the moon “within the decade and returning him safely back home”. Far from this narrow view, JFK and many leading American scientists saw this goal as a springboard to a new age of creative growth for all humanity both on the Moon and beyond. These stirring forecasts of an age of reason can still be heard in recordings of Kennedy’s Rice University address of September 12, 1962.
Unbeknownst to many, JFK also called for a USA-Russia joint Moon landing in order to defuse the Cold War formula of MAD and had this plan not been derailed, the world would have found itself on a much different trajectory.
Unfortunately, history unfolded on a different course. After JFK’s murder (weeks after the above speech), his program to remove troops from Vietnam was reversed and the USA was plunged into the disastrous Vietnam war for over a decade. As the war grew, federal funds needed for science and exploration were increasingly absorbed by the military industrial complex.
By 1972, the last human mission on the Moon took place and by 1976, Russia’s last lunar project also occurred with Luna 6. Although small efforts to keep the dream alive continued in piecemeal form over the years, Apollo was scrapped and national support for long-term objectives slowly decayed and a generation of space scientists and engineers found themselves disillusioned by decades of broken promises and a lost dream. Russian scientists suffering the debilitating effects of Perestroika shared in this dismal experience and found themselves unemployed throughout the 1990s and in many cases forced to use their powerful mathematical skills in the financial services sector of London in order to make ends meet (giving rise to the age of quants and speculative high frequency derivatives trading).
During this period of disenchantment, China arose silently under the radar patiently building its capacities from scratch.
The Rise of China’s Space Program
Although its first satellite launch took place during the height of the Cultural Revolution in 1970, the Chinese space program grew much more slowly than its counterparts in Russia or the USA. Patiently learning from the best engineering feats of the west, under the wise guidance of Deng Xiaoping, China finally became the third nation to successfully send a human into orbit in 2003 and one decade later, became the first nation in 37 years to return to the Moon with the successful landing of the Chang’e-3 rover in December 2013. Lieutenant General Zhang Yulin called this program “the great rejuvenation of the Chinese nation” and the world came to soon see what incredible plans were yet in store for China’s goals in space.
Soon China had launched the Tiangong 1 and 2 (Heavenly Palace) test space stations in preparation for the 2021 launching of the Large Modular Space Station named Tianhe (“Harmony of the Heavens”) which will be a vital platform for the earth-lunar economy for decades.
On January 3, 2019, China set a world milestone by becoming the first nation to successfully land a rover on the far side of the moon with Chang’e 4, which has begun topographical, resource and geological mappings of the lunar surface. Change’e 5, 6, and 7 will continue these explorations while adding the feature of returning samples to the earth and preparing the groundwork for a permanent lunar base by 2030. Chang’e-8 will be especially important as it will print the first ever 3D structures on the Moon by 2028.
Unfortunately, due to the Obama-era “Wolf Act” of 2011, American scientists could not participate in these achievements and had to watch from afar as China swiftly leapt to the forefront of space science dethroning America from the unchallenged stature she once enjoyed.
Asteroid Threats
Earlier in 2013, before Chang’e-3 landed on the Moon, another humbling event took place and served as a sort of divine slap in the face for many. This wake up call took the form of a 9000 ton asteroid which exploded 22 km over Chelyabinsk, Russia sending shock waves that shattered windows and injured over 2000 citizens. The Chelyabinsk incident served as a timely reminder that the universe offers enough existential challenges for humanity without the additional man-made calamities of regime change wars and fighting over diminishing returns of resources.
From this Russian incident, NASA’s Planetary Defense Coordination Office was created to begin to establish a plan for asteroid threats from space alongside similar departments in Roscosmos, and the European and Chinese Space Agencies. Ouyang Ziyan (the father of China’s lunar program) stated that asteroid defense “is worth attention while we are devoted to building a community with a shared future for humanity… Scientists around the world should cooperate to monitor near-Earth asteroids.”
In November 2019, Roscosmos Director of Science and Long Term Programs (Alexander Bloshenko) stated that Russia’s lunar development goals which included a base on the underside of the Moon within a decade were intertwined with asteroid defense stating: “There are plans to install equipment on this [lunar] base to study deep space and special telescopes to track asteroids and comets that pose a danger with their collision with earth.”
By Summer 2019, NASA’s administrator Jim Bridenstine also announced his intention for USA-Russian cooperation on asteroid defense- joining the earlier call made by Roscosmos’ head Dimitri Rogozin for a “Strategic Defense of Earth” which Rogozin described as a way to redirect nuclear weapons towards a common threat in space rather than towards each other. This call for cooperation dovetails the two-fold space strategy unveiled by President Trump in December 2017 with Space Policy Directive 1: Reinvigorating America’s Human Space Exploration Program, where he called for 1) The creation of the Lunar Gateway space station to orbit the Moon and 2) the launching of the Artemis Project that will “lead the return of humans to the Moon for long term exploration and utilisation, followed by human missions to Mars and other destinations.”
These developments were punctuated by Trump who took the time from his impeachment fiasco to call for an alliance that too many analysts have chosen to ignore saying on: “Between Russia, China and us, we’re all making hundreds of billions of dollars worth of weapons, including nuclear, which is ridiculous… I think it’s much better if we all got together and didn’t make these weapons… those three countries I think can come together and stop the spending and spend on things that are more productive toward long term peace.”
Although the COVID-19 lock down has done major damage to the schedule for the Orion capsule and space launch system mega rocket needed to carry out the Artemis Project, the scheduled 2024 landing of a man and woman onto the moon’s surface is still on course.
A Revolution in Mining: Redefining “Resources”
But it doesn’t end there. Leading officials among all three Russian, Chinese and American space agencies have called for going beyond asteroid defense, and colonization with the call for lunar, mars and asteroid resource development strategies. These strategies require that humanity redefine the practice of “mining” as it has hitherto been known for thousands of years, but also re-define what a “resource” is, what “energy” is and what are the limits (if any) to human growth?
A helpful tool to conceptualize this revolution in thinking can be found in the 10 minute video All the World’s A Mine made in 2013:
In carefully mapping the lunar terrain with a focus on the far side of the moon, China wishes to come to a better understanding of the mineral distribution of vital resources like Titanium, Iron, silicon, aluminium, water, oxygen and hydrogen and especially Helium-3 which are abundant on the Lunar regolith. Helium-3, long called the “Philosophers’ Stone” of energy is the most efficient fuel source for fusion power when fused with deuterium or tritium in a plasma and though it is nearly non-existent on the earth it exists in vast quantities on the moon due to the absence of a geomagnetic field. As the Moon’s far side never faces the earth or the earth’s magnetic field, there are far more abundant volumes of solar-produced Helium-3 that have accumulated there over millennia.
Ouyang Ziyuan stated clearly that Helium-3 could “solve humanity’s energy demand for 10,000 years at least” since “each year, three space shuttle missions could bring enough fuel for all human beings across the world.”
In 2013, Ziyuan stated “The Moon is full of resources- mainly rare Earth elements, titanium and uranium which the Earth is really short of, and these resources can be used without limitation… There are so many potential developments -it’s beautiful- so we hope we can fully utilize the Moon to support sustainable development for humans and society.”
China’s Premier Li Keqiang added his voice to the mix stating: “China’s manned space and lunar probe missions have a twofold purpose: first, to explore the origin of the universe and mystery of human life; and second, to make peaceful use of outer space… Peaceful use of outer space is conducive to China’s development. China’s manned space program has proceeded to the stage of building a space station and will move forward step by step.”
In September 2019, Russia and China signed a historical agreement to jointly collaborate on lunar development uniting the Chang’e-7 plans with Russia’s Lunar 26 Orbiter and lunar base development which both nations have on the agenda for 2030-2035.
A Word on the Moon Treaty of 1979
Donald Trump’s explicit rejection of the Moon Treaty of 1979 in his recent executive order, has garnered many angry criticisms which on closer inspection are completely unfounded. The 1979 Treaty requiring that all commercial activities in space must be defined by an international framework appears on the surface to be quite sensible. So is Trump’s rejection of any obedience to an “international framework” at this moment in history evidence of his selfish-nationalistic impulses to impose gangster capitalism onto the whole universe? Not at all.
As stated at the beginning of this report, President Trump’s order calls explicitly for “encouraging international support for the recovery and use of space resources” which is in no way characteristic of “narrow minded selfish nationalism” or “unilateral militarism” extolled by the many neocon ideologues struggling to take control of U.S. Space policy. Also when one considers that only 4 nations ratified that 1979 treaty (France, Guatemala, India and Romania), Trump’s refusal to obey it is not nearly as renegade and selfish as those critics make it appear.
Finally, when one considers who would define that “international framework” and considers the zero-growth paradigm currently dominant across the UN and European Union technocracy, then it quickly becomes clear that the Green New Deal agenda for shutting down industrial civilization is totally incompatible with the pro-growth, pro-space mining orientation of Russia, China and Trump’s USA alike.
Israel’s Jerusalem Post newspaper reports that “nearly all the experts” it consulted believe that Israel will get at least $3.8 billion from the U.S. in the coming year despite economic devastation to the U.S. economy caused by the coronavirus pandemic.
JP notes that the aid is expected even though “American economic activity has declined in recent weeks at a rate not seen since the Great Depression.” Barron’s similarly reports that the entire U.S. economy “has been brutalized” by the coronavirus pandemic.
“Whatever happens next, the events of the past six weeks will scar the U.S. economy well into the 2030s, if not beyond,” Barron’s predicts. “Tens of millions of Americans are already paying the price, and they will continue to do so for a long time.”
Nevertheless, the Jerusalem Post reports, a “Trump administration source” said that Israel would not need to worry about getting the money “even if there is a depression” in the U.S.
For decades Israel has received more U.S. tax money than any other country – on average, about 7,000 times more per capita than to others around the world.
$38 billion package
The current aid to Israel is part of a package promised by the Obama administration in 2016 under which Israel would get $38 billion over the next 10 years – the largest such package in U.S. history.
The aid package works out to $7,230 per minute to Israel, and equals about $23,000 per each Jewish Israeli family of four.
Under the Obama-Netanyahu Memorandum of Understanding (MOU), the $3.8 billion per year was to be a ‘ceiling’ – the agreement was that Israel would not ask for more money on top of this annual disbursement.
However, an MOU is a non-binding agreement and can be changed. Therefore, Israel partisans in Congress have introduced legislation that would make it into law – and the legislation before Congress makes the terms even more beneficial to Israel than the MOU.
Under the current bill before Congress, the $38 billion would be a ‘floor’ rather than a ‘ceiling,’ meaning that aid could increase, as it almost always has in the past.
JP reports, however, that some former Israeli diplomats, concerned that Americans suffering under COVID-19 might object, recommend that this year Israel avoid its usual request for more money.
Aid to Israel hurts U.S.
Israel and its partisans claim that U.S. aid to Israel is supposedly good for the U.S. because Israel spends most of the aid money on U.S. weaponry. (All other nations that receive U.S. military aid are required to spend 100 percent of it on U.S. equipment.).
However, if the U.S. wishes to subsidize U.S. companies, the Pentagon and/or other U.S. agencies could simply buy more equipment themselves, and let Israelis use their own money to purchase weaponry.
Similarly, Israel and its advocates often claim that Israel is America’s “aircraft carrier” in the Middle East. However, it is actually American soldiers who have fought and died for Israel through the years.
Aid to Israel is also problematic for other reasons. Israel has a long record of human rights violations, as documented by Human Rights Watch, the Red Cross, Christian Aid, Amnesty International, Oxfam, and numerous other humanitarian agencies.
For these reasons, providing Israel with massive amounts of money and weaponry is antithetical to most Americans’ moral and ethical principles.
In addition, such aid creates dangerous hostility to the U.S. Bin Laden, for example, listed U.S. support for Israeli crimes as one of the major reasons for his opposition to the United States.
Trump was going to be ‘neutral’ on Israel-Palestine
Aid to Israel is largely driven by the powerful and pervasive pro-Israel lobby in the U.S., which influences both major parties.
In 2016, presidential candidate Hillary Clinton attacked opponent Donald Trump for being insufficiently pro-Israel. The New York Timesreported on March 21, 2016:
Mr. Trump has said in recent weeks that he would be “neutral” when it came to negotiating a peace accord between Israelis and Palestinians… his blunt language rattled some Israelis, who worry that it might mean a less supportive United States.
Mrs. Clinton wasted no time in seizing on those fears. Her speech was a thunderous affirmation of American solidarity with Israel, with promises to buttress Israel’s military, combat anti-Semitism, police Iran on its nuclear program, crack down on Iranian proxies like Hezbollah, and thwart efforts to boycott Israeli products.”
Hillary Clinton suggested in a television interview in Israel, broadcast on Thursday, that the Islamic State is “rooting for Donald Trump’s victory” and that terrorists are praying, “Please, Allah, make Trump president of America.”
As Trump came under increasing attack through the years from the Democratic establishment, his policies eventually changed. Today, megadonor Sheldon Adelson is widely credited with driving Trump’s Mideast policies. (Adelson once said that he regretted serving in the U.S. Army instead of the Israeli military.)
Israeli media report that there is an additional way that Israelis will likely obtain money from the U.S. during the COVID-19 crisis. Israel’s leading financial daily reports: “Israeli Companies Can Cash In On $10 Million Check from Trump.”
According to the Israeli website, CTech, Israeli companies are eligible for money from the U.S. business aid program: “Any company that has operations in the U.S. and employs workers there can apply under the $2 trillion CARES Business Assistance Program that was passed at the end of March. The company does not have to be registered as an American company but only has to have a U.S. subsidiary that pays salaries to U.S. employees.”
The loans, based on U.S. government collateral, are given at a 1% interest rate and don’t have to be repaid for two years, with a six month grace period – if the companies are even required to pay them back. There is a strong chance that many of the loans will turn into grants.
Will U.S. media report on this?
At a time when more and more Americans are out of work, and almost everyone else is facing cutbacks, giving Israel its full $3.8 billion package may cause concern.
However, given that U.S. media often fail to report on U.S. aid to Israel, the money may sneak through, once again, with most Americans having no idea how much of their tax money was just given away.
The Al-Monitor portal has left many extremely surprised with news that was not expected in the middle of the coronavirus pandemic. With over 600,000 cases and 25,000 deaths in the U.S., President Donald Trump has made a bold geopolitical move and instructed Secretary of State Mike Pompeo to determine whether Cyprus should have the arms embargo against it lifted, according to Al-Monitor’s congressional correspondent, Bryant Harris.
“Trump tasked Pompeo with the decision [yesterday] via a presidential memorandum after signing two separate bills to lift the embargo in December — legislation that Turkey had unsuccessfully sought to forestall,” explained Harris.
In 1987, the U.S. embargoed arms sales to Cyprus under the pretext of preventing an arms build-up on the island. However, this was not a problem for Cyprus as Russia became one of the biggest weapon suppliers instead. If the U.S. were trying to have balance on Cyprus, it certainly did not achieve this as the country only became closer with Russia and to this day they still have close ties.
In 1974, Turkey invaded the northern parts of the island to prevent Cyprus from uniting with Greece and to this day continues an illegal occupation. The occupation is to maintain the quasi “Turkish Republic of Northern Cyprus” that is recognized by no other state in the world bar Turkey and is recognized by United Nations Security Council Resolution 541 and UN Security Council Resolution 550 as illegal.
The U.S. has never taken an interest in protecting Cypriot interests despite the illegalities of the occupation of northern Cyprus – up until recent times. Turkish President Recep Tayyip Erdoğan going rogue against U.S. and NATO interests by strengthening relations with Russian President Vladimir Putin, including the sale of the S-400 missile defense system that are not compatible with NATO doctrine.
The irony is that Turkey bought the S-400 system despite the fact that in 1997 Cyprus bought the S-300 air defense missiles from Russia, but had to trade it with Greece for other weapons under a Turkish threat of blockade and/or war. The S-300 is now located on the Greek island of Crete. As Greece in recent years has been a loyal subject of NATO without much independent foreign policy, Washington is now willing to give the country more concessions. In previous years, Washington would only appease Turkey as it controlled the Bosporus Straits that connects Russia’s Black Sea Fleet to the rest of the world.
However, these concessions and attempts to strengthen relations between Cyprus and the U.S. come at a price. Harris explains that the U.S. Congress laid out specific criteria that Cyprus needs to fulfill before it is allowed to procure arms from the U.S., if it ever choose to.
“Specifically, the law requires Cyprus to deny Russian military vessels to its ports despite a 2015 agreement with Moscow to do so. It also requires Cyprus — a financial haven for wealthy Russians to evade US sanctions — to comply with anti-money laundering regulations,” he said.
It is very unlikely that Cyprus will meet these demands made as it is not a NATO member, nor does it have the incentive to abandon a partner that supplied it weapons when the U.S. turned its back. Knowing this fact, Harris explained that “even if Cyprus fails to comply with these conditions, the law gives Pompeo the freedom to lift the embargo anyway via a national security waiver.”
This therefore means that the true target of this arms embargo lift is not necessarily Russia, but rather Turkey. It is effectively in Cypriot hands on whether they want to take on these U.S. conditions. Cyprus is being ‘rewarded’ by Washington as in recent years it has formed a strategic partnership with Israel in the economic, energy and military sector. Because of this, pro-Israel groups in the U.S. lobbied to lift the arms embargo last year, especially as Erdoğan frequently antagonizes Tel Aviv.
Although it is in Pompeo’s hands to decide whether to lift the embargo or not, it is more likely he will choose to do this even if Cyprus decides not to conform to the anti-Russian measures demanded. Not only are Trump and Pompeo receiving pressure from the Israeli lobby, but they are also receiving pressure from extremely influential think-tanks.
In an article from June 2019, titled “Lift the Arms Embargo on Cyprus,” that was first published by The Center for the National Interest, and then republished by the CATO Institute, the author explains “The current arms embargo on Cyprus is unbalanced and unfair. Favoring Turkey never was likely to help keep the peace. Today, given Erdogan’s transformation into a frenemy of America at best, and confrontational policy toward Cyprus and Greece, the embargo rewards an essentially rogue government. The United States should see Turkey plain and stop tolerating the latter’s unfriendly conduct.”
However, there is no guarantee that just because Cyprus is now being noticed and recognized by Washington that it will quickly abandon Russia, especially because of decades of limited relations and the important role the U.S. played in supporting the Turkish invasion of northern Cyprus. Rather, the lifting of the arms embargo is just one small gesture that Washington might make to antagonize a rogue Erdoğan, and if this is the aim, it will certainly work as the Turkish president believes the island to be a part of his domain.
Paul Antonopoulos is a Research Fellow at the Center for Syncretic Studies.
Let’s hope the Neoconservatives and American presstitutes don’t add a conflict with China to the ongoing virus and economic threats.
First, is the virus a bioweapon? Second who is responsible?
Two sources concluded that the virus was a bioweapon. One is Francis Boyle, who drafted the US implementing legislation for the Biowarfare Convention that became US law in, I believe, 1989. Boyle says the US government violates the law and has 13,000 scientists working on biowarfare research. Boyle said in February that the aerosol gain-of-function of the virus was done at a UNC lab at which a Wuhan scientist was present, and the HIV features were done in Australia where a Wuhan scientist was present. He says the scientists took the work back with them and the result was Covid-19. Also in February or March a scientific paper by scientists in India concluded that the virus was man-made. Their paper was taken down without explanation.
A top virologist, whose statements to the Belgium government concerning the inadequacy of the government’s response to the virus I have posted on my website, tells me that the Indian scientists were mistaken, and that the virus is naturally evolved. As he is not involved in bioweapons work, I do not think he is covering up illegal activity by US and Chinese governments. He shows in his public concern every indication of being a highly principled person of unquestioned ability and character. Moreover, his position seems to be widely shared among experts.
As for responsibility, it seems both China and the US are responsible. It is clear from news reports that the US contributed millions of dollars to the Wuhan level 4 lab for research having to do with bats and coronavirus. What this research was, we don’t know. We only know what they say. But the US government was aware of the bat coronavirus research and helped to fund it. There was also a report that after the virus outbreak the president of China suddenly removed the top people at the Wuhan facility and put in charge a woman who was an expert virologist. Chinese president XI thought something had gone wrong at the lab and said it was the duty of the government to protect the people.
We also know that various Chinese officials and press said the Americans had brought the virus with them when they came to Wuhan to participate in the military games. The Chinese did not mean on purpose, but that someone among the US team was infected without having symptoms, often a feature of the virus. There was some discussion in which US health officials seemed to acknowledge that the virus might have been active in the US before it broke lose in a mass way.
We also know that Trump and now the neoconservative warmongers are blaming China for keeping quiet too long about the virus. This claim as far as I can tell is false. It seems to be mainly propaganda against China.
We also have had reports that a US military lab in Texas was suddenly closed out of pathogen concerns by the Obama regime.
How all this fits together or doesn’t I don’t know.
As the Democrats are blaming Trump for the virus, Trump blames China as that aligns the Democrats with the “enemy” China and is a way of showing that the Democrats are covering up for “Communist China” by shifting the blame to the president of the US.
The politics of the virus will make it difficult for the truth to emerge.
Certainly, nonweapon rationales can be given for the research. Nevertheless, creating a pathogen with aerosol transmission capability is to create a bioweapon.
Is there any possibility of enforcing US law that prohibits the US from participating in bioweapons research and production? Or do once again false “national security” claims take precedence over US law?
The western world has gone into a phase of unprecedented lockdown. Major airlines have ceased international operations. It is an open question is to whether or not they will be able to resume operations when and if the current draconian restrictions are lifted. In Australia, the Federal government has ceased to sit and the government has announced that this parliamentary closure will extend until at least August.
Quite why such a lockdown is necessary is unclear. No convincing explanation has been offered by the government and it is an extreme step that comparable nations in North America, the United Kingdom and all of Europe have found unnecessary. One of the most alarming consequences of this fundamental attack on the notion of Parliamentary accountability is that the decision was met with acceptance by the official Opposition and muted negative comment, if at all, by the major mainstream media.
Media coverage of the pandemic has been extraordinary. At least half of the nightly main television news bulletins have been devoted to coverage of the pandemic, although whether it actually adds to our degree of knowledge is at best debatable.
The statistics as to those affected, dying and recovery are presented each night like some grizzly football score. How accurate or complete those statistics are is a very open question. They are presented however as some form of immutable truth with nary a question as to their accuracy or reliability.
There are serious questions being asked as to the real origins of the current pandemic. We are constantly told by the mainstream media that it originated in China, and that “fact” is presented as something beyond question. The more we learn however, the less reliable that complacent assertion appears to be.
It is true that the first mainstream media reports of the virus came out of China’s Wuhan City, and urban agglomeration of some 12 million inhabitants. That reporting betrayed a number of assumptions that are difficult to sustain.
Where a virus is first reported does not automatically equate with where it began. One reason for this is that people being infected or dying are not necessarily correctly defined as to the cause of death or illness. This is particularly the case here where multiple instances of the illness were initially defined as the current illustration of the annual influenza epidemic which inflict and kill millions of people each year.
A second factor is that a virus can be imported into a country, either by accident or deliberately, by those acting for or on behalf of another nation. This is not idle speculation in the present case. There is now very good evidence that the virus was imported into the city of Wuhan at a time contemporaneous with the holding in that city of the quadrennial Military Games.
Representatives of more than 100 nations attended and participated in those games. The United States contingent was of particular interest for a number of reasons.
The first is that its soldier participants had their worst medal performance since the games were first held a half century ago, not winning a single gold medal and finishing well down the medal table.
The second factor was that the hotel where the United States military participants stayed was itself a hotbed of infection, recording more than 40 cases of employees and guests infected by the virus. This is a remarkable coincidence that challenges the laws of probability theory.
A third clue is the way the western media have reported the Chinese experience. They have given prominence to United States President Donald Trump’s description of the pandemic as the “Chinese virus.” We know from 100+ years of experience with the Spanish flu of 1919 how a false label can be used to define an entire country on a wholly false basis.
The record clearly shows that the Chinese government alerted the World Health Organisation as soon as they had established the reality of the virus they were dealing with. This was before most western countries had even acknowledged that there was a problem.
This suspicion has been reinforced in recent weeks by the reporting of western media of the actions of the Russian and Chinese governments to provide assistance where it was asked for. The Italian government for example was refused assistance by its European Union “partners” and it was the Russians who flew in giant planes full of urgently needed medical supplies, taking a lengthy roundabout route because of obstructive flyover permission.
This assistance was greeted with a sneer by the western media who contrived to find some sort of Russian plot in a selfless humanitarian exercise. A similar result was seen in the media’s response to Chinese aid which was denounced as either medically inadequate or done with ulterior motives.
In neither case was that view shared by the governments involved, the medical staff of the overstretched and under resourced hospitals, or the citizens of those countries aided by the Russian and Chinese medical supplies.
The writer Dimitri Orlov, who recently returned to live in Russia after many years residence in the United States, had a cynical but arguably realistic view of the virus. On 8 April 2020 he had this comment to make on his Patreon:
“China has just taught the world a major masterclass in biowarfare defence. It doesn’t matter whether SARS-Covid-19 was concocted in a United States biowarfare laboratory or not. The point is, it could have been, because why else would the United States have bio- warfare laboratories scattered around the globe? And why were they collecting DNA samples from local populations except to target them using bioweapons? And so after some amount of uncertainty and vacillation China opted to treat the SARS-COV-19 outbreak as an act of war and won! Russia has followed suit, and although it is too early to declare victory it too is likely to score a win on the biowarfare front.”
I respectfully share Mr Orlov’s view. We also have the curiously unexplained events at the United States’ Fort Detrick biowarfare facility. In July 2019 the facility was forced to temporarily close, reopening at the end of the year. It is one of the literally hundreds of such United States facilities scattered around the globe.
What makes Fort Detrick of particular interest in the current context was that it was known to be working on a Covid-19 type biological weapon. That the United States had succeeded in developing such a weapon was publicly proclaimed by Johns Hopkins University in October 2019. The timing of this announcement, the problems at Fort Detrick and the outbreak of the coronavirus goes beyond mere coincidence.
The wall to wall media coverage of the outbreak in the western media nonetheless fails to raise these fundamental and clearly relevant points.
It is one of the grim ironies of the present pandemic that the United States may well turn out to be the principal victim, at least among western nations. Even there, some questions exist. We know from the published data thus far that 70% of the fatalities in the United States have been in the black population, that represent only 10% of the national population.
Television pictures showing mass graves being created in public parks will do little to assuage growing public concern that allegedly “the richest country in the world” cannot even properly treat or bury their own disadvantaged citizens.
The consequences of this pandemic are likely to be vastly greater than originally thought. The average citizen would do well to strap themselves in for what is going to be a very bumpy ride.
James O’Neill is an Australian-based Barrister at Law.
Even though distracted by the havoc resulting from the coronavirus, the United States and much of Europe is engaged in a frenzied search for anti-Semitism and anti-Semites so that what the media and chattering class are regarding as the greatest of all crimes and criminals can finally be extirpated completely. To be sure, there have recently been some horrific instances of ethnically or religiously motivated attacks on synagogues and individual Jews, but, as is often the case, however, quite a lot of the story is either pure spin or politically motivated. A Jewish student walking on a college campus who walks by protesters objecting to Israel’s behavior can claim to feel threatened and the incident is recorded as anti-Semitism, for example, and slurs written on the sides of buildings or grave stones, not necessarily the work of Jew-haters, are similarly categorized. In one case in Israel in 2017, the two street swastika artists were Jews.
Weaponizing one point of view inevitably limits the ability of contrary views to be heard. The downside is, of course, that the frenzy that has resulted in the criminalization of free expression relating in any but a positive way to the activity of Jewish groups. It has also included the acceptance of the dishonest definition that any criticism of Israel is ipso facto anti-Semitism, giving that nation a carte blanche in terms of its brutal treatment of its neighbors and even of its non-Jewish citizens.
Jewish dominated Hollywood and the entertainment media have helped to create the anti-Semitism frenzy and continue to give the public regular doses of the holocaust story. Currently there are a number of television shows that depict in one form or another the persecution of Jews. Hunters on Amazon is about Jewish Americans tracking and killing suspected former Nazis living in New York City in the 1970s. The Plot to Destroy America on HBO is a retro history tale about how a Charles Lindbergh/Henry Ford regime installs a fascist government in the 1930s. One critic describes the televisual revenge feast “as one paranoid Jewish fantasy after another advocating murder as the solution to what they perceive as the problem of anti-Semitism.”
But, as always, nothing is quite so simple as such a black and white portrayal where there are evil Nazis and Jewish victims who are always justified when they seek revenge. First of all, as has been demonstrated, many recent so-called anti-Semitic attacks on Jews involve easily recognizable Hasidic Jews and are actually based on community tensions as established neighborhoods are experiencing dramatic changes with the newcomers using pressure tactics to force out existing residents. And after the Hasidim take over a town or neighborhood, they defund local schools to support their own private academies and frequently engage in large scale welfare and other social services fraud to permit them to spend all their days studying the Talmud, which, inter alia teaches that gentiles are no better than beasts fit only to serve Jews.
The recent concentration of coronavirus in Orthodox neighborhoods in New York as well as the eruption of measles cases last year have been attributed to the unwillingness of some conservative Jews to submit to vaccinations and normal hygienic practices. They also have persisted in illegal large gatherings at weddings and religious ceremonies, spreading the coronavirus within their own communities and also to outsiders with whom they have contact.
Regularly exposing anti-Semitism is regarded as a good thing by many Jewish groups because the state of perpetual victimization that it supports enables them to obtain special benefits that might otherwise be considered excessive in a pluralistic democracy. Holocaust education in schools is now mandatory in many jurisdictions and more than 90% of discretionary Department of Homeland Security funding goes to Jewish organizations. Jewish organizations are now lining up to get what they choose to believe is their share of Coronavirus emergency funding.
Claims of increasing anti-Semitism, and the citation of the so-called holocaust, are like having a perpetual money machine that regularly disgorges reparations from the Europeans as well as billions of dollars per year from the U.S. Treasury. Holocaust and anti-Semitism manufactured guilt are undoubtedly contributing factors to the subservient relationship that the United States enjoys with the state of Israel, most recently manifested in the U.S. Department of Defense’s gift of one million surgical masks to the Israel Defense Force in spite of there being a shortage of the masks in the United States (note how the story was edited after it first appeared by the Jerusalem Post to conceal the U.S. role but it still has the original email address and the photo cites the Department of Defense).
And then there is the issue of Jewish power, which is discussed regularly by Jews themselves but is verboten to gentiles. Jews wield hugely disproportionate power in all the Anglophone states as well as in France and parts of Eastern Europe and even in Latin America. If anti-Semitism is as rampant as has often been claimed it is odd that there are so many Jews prominent in politics and the professions, most especially financial services and the media. Either anti-Semitism is not really “surging” or the actual anti-Semities have proven to be particularly incompetent in making their case.
Further muddying the waters, there have been a number of instances in which Jews have themselves been responsible for what have been claimed to be anti-Semitic incidents. There has also been credible speculation that some of the incidents have been false flags staged by the Israeli government itself, presumably acting through its intelligence services. The objective would be to create sympathy among the public in Europe and the U.S. for Israel and to encourage diaspora emigration to the Jewish state. The recent tale of Israeli-American Michael Kadar, who has been credited with many of early 2017’s nearly two thousand bomb scares targeting Jewish community centers and synagogues worldwide, is illustrative.
Kadar, who holds both Israeli and American nationality, was arrested in Ashkelon Israel on March 2017 by Israeli police in response to the investigation carried out by the Federal Bureau of Investigation. Kadar’s American address was in New Lenox Illinois but he actually resided in Israel. Kadar’s defense was that he had a brain tumor that caused autism and was not responsible for his actions, but he was found to be fit for trial and was sentenced to 10 years in prison in June 2017. He was apparently subsequently quietly released from prison and returned to Illinois in mid-2018. In August 2019 he was arrested for violation of parole on a firearms and drugs offense.
The court in Tel Aviv convicted Kadar on counts including “extortion, disseminating hoaxes in order to spread panic, money laundering and computer hacking over bomb and shooting threats against community centers, schools, shopping malls, police stations, airlines, and airports in North America, Britain, Australia, New Zealand, Norway and Denmark.” It claimed that “As a result of 142 telephone calls to airports and airlines, in which he said bombs had been planted in passenger planes or they would come under attack, aircraft were forced to make emergency landings and fighter planes were scrambled.”
It was also claimed by the court that Kadar had gotten involved with the so-called restricted access “dark web” to make threats for money. He reportedly earned $240,000 equivalent worth of the digital currency Bitcoin. Kadar has reportedly refused to reveal the password to his Bitcoin wallet and its value is believed to have increased to more than $1 million.
The tale borders on the bizarre and right from the beginning there were many inconsistencies in both the Department of Justice case and in terms of Kadar’s biography and vital statistics. After his arrest and conviction, many of his public, private and social networking records were either deleted or changed, suggesting that a high-level cover-up was underway.
Most significant, the criminal complaint against Kadar included details of the phone calls that were not at all consistent with the case that he had acted alone. The threats were made using what is referred to as spoofing telephone services, used by marketers to hide the caller’s true number and identify, but the three cell phone numbers identified by the Department of Justice to make the spoofed calls were all U.S.-based and one of them was linked to a Jewish Chabad religious leader and one to the Church of Scientology’s counter-intelligence chief in California. In addition, some of the calls were made when Kadar was in transit between Illinois and Israel, suggesting that he had not initiated the calls.
DOJ’s criminal complaint also included information that the threat caller was a woman who had “a distinct speech impediment.” Michael Kadar’s mother has a distinct speech impediment. Oddly enough she has not been identified in any public documents and the Israelis claimed that Michael was disguising his voice, but she is believed to be Dr. Tamar Kadar, who resided in Ashkelon at the same address as Michael. Dr. Kadar is a chemical weapons researcher at the Mossad-linked Israel Institute for Biological Research (“IIBR”).
Michael appears to have U.S. birthright citizenship because he was born in Bethesda in 1990 while his mother was a visiting researcher at the U.S. Army Military Research Institute of Infectious Diseases (USAMRIID). While Dr. Kadar was at USAMRIID, anthrax went missing from the Army’s lab and may have been subsequently used in the 2001 anthrax letter attacks inside the U.S., which resulted in the deaths of five people. The FBI subsequently accused two USAMRIID researchers of the theft, but one was exonerated and the other committed suicide, closing the investigation.
So, there are some interesting issues raised by the Michael Kadar case. First of all, he appears to have been the fall guy for what may have been a Mossad directed false-flag operation actually run by his mother, who is herself an expert on biological weapons and works at an Israeli intelligence lab. Second, the objective of the operation may have been to create an impression that anti-Semitism is dramatically increasing, which ipso facto generates a positive perception of Israel and encourages foreign Jews to emigrate to the Jewish state. And third, there appears to have been a cover-up orchestrated by the Israeli and U.S. governments, evident in the disappearance of both official and non-official records, while Michael has been quietly released from prison and is enjoying his payoff of one million dollars in bitcoins. As always, whenever something involves promoting the interests of the state of Israel, the deeper one digs the more sordid the tale becomes.
Philip M. Giraldi, Ph.D., is Executive Director of the Council for the National Interest, a 501(c)3 tax deductible educational foundation (Federal ID Number #52-1739023) that seeks a more interests-based U.S. foreign policy in the Middle East. Website is councilforthenationalinterest.org, address is P.O. Box 2157, Purcellville VA 20134 and its email is inform@cnionline.org.
While the United States government claims to be horrified every time there are reports of a chemical attack that was allegedly carried out by the Syrian government, history serves as a reminder that the U.S. is responsible for carrying out a number of chemical attacks on thousands of unsuspecting Americans, and some of the innocent victims are still suffering from the effects today.
In 1977, the U.S. Army admitted that it secretly conducted at least 239 germ warfare tests in the open air in cities across the country between 1949 and 1969. The areas where the lethal germs were simulated on the public were typically in major cities such as Washington D.C., San Francisco, New York City, Key West and Panama City, according to a report the Army submitted to the Senate Health Subcommittee.
In the report, the Army insisted that the purpose of the tests was to study how biological warfare affects the public, in case it needs to defend against it. Calling tests “essential,” the Army claimed it needed to “substantiate theories and fill knowledge gaps and to determine vulnerability to attack.”
According to a report from the Washington Post, the release of the Army’s censored report was “the most complete official version of this nation’s biological warfare effort,” and it revealed that in addition to public areas, military personnel and their families were also targeted:
“The Army listed 27 times that it tested simulated toxins on public property, including releasing spores in two tunnels on a stretch of Pennsylvania Turnpike. In addition to those experiments in public places, the Army secretary used military personnel and their families for open-air experiments by spraying simulated germs into the air at a number of bases, including Fort Detrick, Md.; Fort Belvoir, Va.; and the Marine training school at Quantico, Va. … Another 504 workers connected with biological warfare activities at Ft. Detrick, Dugway Proving Ground and the Deseret Test Center in Utah and the Pine Bluff Arsenal in Arkansas suffered infections, according to the Army’s count.”
The Army’s report also noted that while the initial tests were carried out 1942, the testing of biological warfare agents increased drastically in 1961 when the Secretary of Defense ordered the Joint Chiefs of Staff to “evaluate the potentialities” of biological and chemical warfare, instead of just studying the effects of the agents from a defense standpoint.
While the report from the Army maintained that the live bacteria deployed in tests across the country were “deemed harmless at the time,” the tests resulted in lifelong illnesses and health problems for many of the innocent victims who were unaware that their quality of life was being compromised by a government experiment.
As The Free Thought Projectreported, the largest experiment was carried out in San Francisco, California, in 1950. The Army sprayed the city with the microbe Serratia marcescens in an attack that was called “Operation Sea-Spray.” They claimed San Francisco was chosen as the target because it is close to the ocean and because it has a unique geography, tall buildings, and dense population.
For six days in September 1950, military members used giant hoses to spray clouds of Serratia along the San Francisco coastline, which resulted in the city’s 800,000 residents receiving heavy doses of the chemical. It is also estimated that residents in the neighboring communities of Albany, Berkeley, Daly City, Colma, Oakland, San Leandro, and Sausalito, were exposed to it.
While the military insisted that Serratia marcescens is “rarely a cause of illness,” Discover Magazinenoted that there were a number of serious illnesses and even one tragic death reported as a result of the government’s chemical attack:
“A week after the spraying, 11 patients were admitted to the now-defunct Stanford University Hospital in San Francisco with severe urinary tract infections, resistant to the limited antibiotics available in that era. One gentleman, recovering from prostate surgery, developed complications of heart infection as Serratia colonized his heart valves. His would be the only death during the aftermath of the experiment … Later, the repeated occurrence of urinary-tract infection by this organism, with bacteremia in two patients and death in one, indicated the potential clinical importance of this group of bacteria.’”
While the idea that the U.S. government would willingly poison its own citizens may seem shocking to some, it is not unprecedented. Earlier this year, a study found that the Pentagon has contaminated more than 40,000 sites across the United States, exposing hundreds of thousands of Americans to dangerous chemicals.
The investigation, which was conducted by ProPublica and Vox, revealed that by testing and disposing of deadly chemical weapons in the United States, the Pentagon has “poisoned drinking water supplies, rendered millions of acres of land unsafe or unusable, and jeopardized the health of often unwitting Americans.”
The study noted that while the Pentagon has spent more than $40 billion in an effort to clean up the contaminated sites over the years, the results have been overwhelmingly inadequate, and many Americans are still at risk, even after the government claims that the sites have been rendered “safe” for public use.
The Department of Defense and its contractors are also currently using at least 61 active military sites across the country to “burn and detonate unused munitions and raw explosives in the open air with no environmental emissions controls,” according to a series of reports from ProPublica.
Ultimately, while the U.S. claims that it must engage in the “War on Terror” to protect Americans from terrorists, the fact remains that some of the most harmful warfare launched against Americans on U.S. soil has resulted from secret experiments backed by the Pentagon. Yet none of the officials from the government agencies who are responsible have been held accountable for poisoning countless innocent Americans with the attacks.
The Jessen’s rural farm home in central California sat on a dead-end street, surrounded by almond orchards.
On June 11, 2016, David Jessen said while he was out, the Fresno County Sheriff’s Department called to tell him someone had broken into his home. Several hours later he would return to find his home destroyed after a SWAT team, two helicopters, a K-9 unit and a fire truck barreled toward his front lawn to arrest the burglar.
On Thursday, the Ninth Circuit upheld a ruling that Fresno County and the city of Clovis are not liable for negligence claimed by David and his wife Gretchen Jessen’s lawsuit, because the damage to their home was caused by the officer’s “discretionary acts.”
The Jessens claimed in their 2017 lawsuit that the Fresno County Sheriff’s Department and Clovis Police Department happened upon the ideal setting for a training exercise at their home when they received a call from a construction crew about a man who was found sleeping in a nearby vacant house.
The man left without any protest, but the construction workers say they heard the sound of glass breaking and say the man broke into the Jessen’s home, according to the civil complaint.
The lawsuit claimed the dead-end home was the perfect setting for a training exercise because there would be no nearby neighbors or civilians who would congregate to watch the SWAT team and helicopters converge.
David Jessen said after he arrived at his home and told an officer that two unloaded shotguns and a loaded .357 magnum were hidden in the house, the officer told him the man inside threatened to shoot anyone who entered. Jessen and his family were asked to wait elsewhere.
After taking his family to a friend’s house 10 minutes away, Jessen drove back to unload some farm equipment and found law enforcement cars lining the road to his house for a quarter of a mile, plus two ambulances, a fire truck and two helicopters circling above.
This use of police force would eventually destroy the home, according to the complaint. Jessen said just before police cleared out, an officer handed him a card and said, “We have insurance for this.”
Police ripped out several wrought iron doors, according to the complaint, and pulled out a wall off the foundation, teargased six rooms, shattered a glass sliding door, broke several windows and 90 feet of fencing and flash-bombed two more rooms.
The Jessens say the man, identified later as Chanley Un, stole an ice cream bar, some milk and half a tomato.
The sheriff’s department claimed in a 2017 statement that officers found Un in a room within reach of the guns.
The couple sought $150,000 due to the damage to their home, which they said could no longer be lived in due to the excessive teargas use and other damage.
The appellate panel made up of U.S. Circuit Judge Kim McLane Wardlaw, a Bill Clinton appointee, U.S. Circuit Judge Milan Smith Jr., a George W. Bush appointee, and Senior U.S. Circuit Judge Eugene Siler Jr., a George H.W. Bush appointee, sitting by designation from the Sixth Circuit, upheld the ruling in an unpublished and unsigned memorandum.
The panel agreed that the Jessens did not establish a triable issue on the municipal actions taken by the officers and that the departments “do not have a custom of turning simple operations into full-scale training operations,” which the district court ruled out due to a lack of evidence.
“The record evidence shows that defendants have a general policy of obtaining warrants prior to entry, of using reasonable force, and for the reasonable use of tear gas. The Jessens failed to establish a triable issue that any of these policies caused any constitutional injuries, or that there was a ‘persistent and widespread’ violation of these policies amounting to an unconstitutional custom or practice,” the panel wrote.
The panel said the Jessens also could not prove that the two police departments who arrived at their home to retrieve the barricaded man did not have the proper training.
“Even assuming, without deciding, that defendants’ training policies are inadequate, there is no evidence that ‘the need for more or different training [was] so obvious’ that defendants were deliberately indifferent to the Jessens’ rights,” the panel wrote.
The fact that an officer sought to explain and justify each piece of property damage after the incident shows the officer exercised some discretion in his role as the operation team leader and there was no evidence that one officer had final policymaking authority delegated to him, according to the 6-page memo.
Under the case Conway v. County of Tuolumne, the California Court of Appeal found “discretionary act immunity applies to the selection of the means to effectuate an arrest, including the decision to deploy a SWAT team in effectuating an arrest, and the subsequent decision to deploy tear gas.”
“Under Conway, Defendants are immune from liability, and the district court properly granted summary judgment for Defendants on the Jessens’ negligence claim,” the panel wrote.
In a statement for Fresno County, a spokesperson said they are “very pleased with the decision by the Ninth Circuit again confirming that the Sheriff’s Office acted reasonably and in the interest of public safety under all the circumstances.”
Emails sent to the Jessen’s attorney were not immediately answered for comment.
How powerful is the Rothschild banking family? How did they amass their fortune? Just how rich are they? Do they secretly control the world? Sputnik explores. … continue
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