Sunday, May 31, 2015

Why Joanne Chesimard still Matters

Normalizing relations with Cuba may well be a true national security plus for the United States, as the Castro brothers will not live forever, and so their tyranny over the Cuban people may soon be left to the ash bin of history.  Being but 90 miles from Florida, Cuba would seem to be a nation that will be susceptible to the civilizing influences of American culture, ideals and life styles.  Of course, mere proximity will achieve none of these worthy objectives for us or the millions of freedom seeking Cubans should this Obama Administration opening of Cuba be done without out the exchange of value for the immense value given in lifting the half century embargo and isolation of that tiny island.

Possibly the most crucial value that America must obtain from the Cuban government is its repudiation of being a safe haven for terrorists, criminals and fugitives from justice.  It will serve our national security little if civilian avenues of travel from Cuba to the United States are made routine were those daily airline flights and cruise vessels visits to be unfettered access for attacks upon America.

This proposition gets us to the title star of this blog post - Assata Shakur, a.k.a. Joanne Chesimard.  And make no mistake, she is deemed to be a superstar in anti-American circles.  She is treated as royalty in her adopted home of Havana, Cuba, living there free as a (jail)bird since 1986.

Why should the status of one such person constitute a determinate as to whether the United States will help convert Cuba into a nation welcome in the broader community of civilization?  The reason that Ms. Chesimard is the "canary in the coal mine" is because New Jersey State Trooper, Werner Foerster, was viciously executed by Ms. Chesimard firing two shots at point blank range into his head in 1972 along the Turnpike near East Brunswick.  Chesimard was convicted of this henious crime in 1977, sentenced to life in prison, plus 33 years (to assure no possibility of parole), escaped to Cuba several years later where she was welcomed with open arms by the Castros who immediately granted her political asylum.  Her guilt of the murder of Werner Foerster has never been contested, either by her or Cuba's murderous dictators.

Should Cuba want normalized relations with the United States, it is incontestable that it is normal for nations having such diplomatic, commercial, and all other normal interactions to not harbor confessed police killers.  Any normalization with the Castros must include the return of Chesimard to New Jersey's justice system.

President Obama is now facing grave doubts in America regarding his trust and depth of support for our nation's police.  Does he truly believe that they constitute an occupying force needing to be resisted by the folks, or does he believe that they are called upon to put their lives at risk every single day they get into their police cars?

Leading means making choices, Mr. President:  whose side are you on - Werner Foerster's or Assata Sharkur's?  This will be a telling moment for our President - will he stand for American justice or will he act stupidly?

Monday, May 25, 2015

MEMORIAL DAY 2015 - An Uncertain Trumpet

A more solemn day of remembrance is not found on our Nation's calendar.  While Veteran's Day celebrates and honors all living former military service men and women, Memorial Day commands us to say a prayer for all those brave men and women who aren't here to accept the thanks of a grateful people.

From Lexington and Concord, across Bull Run, New Market, Vicksburg and Gettysburg to Bataan and Corregidor, Normandy, Pork Chop Hill, to Pleiku and Somalia, Afghanistan, Iraq and Libya, the list of bloody battles and countries where American citizen soldiers gave their last full measure of devotion to our Country covers the globe with their fortitude.  These few fought ever so bravely in defense of two uniquely American ideals that we have at the very core of our national experience - freedom and opportunity for all.

America's social compact - liberty and a better life for each succeeding generation - makes the ultimate sacrifice of our greatest patriots not in vain, and thus willingly given.  Here's why they died:

         * FREEDOM of expression, thought, belief and deed, so don't tread on me or my religious, atheist, libertarian or all other non-conformist personal pursuits;

          * OPPORTUNITY to achieve my individual vision of success and prosperity for my family.  So long as a person works hard and abides the rules, the absence of an aristocracy guarantees him/her a path to great achievements.

These two American bedrock principles gave more than two Centuries of Americans the certain knowledge that their sacrifice would help secure a more perfect Union, one so exceptional that it had  never been duplicated (and most probably never will) in any of the scores of countries they liberated as such high cost in lives and treasure.  Therefore, I cry out in pain on hearing anyone proclaim that: "the system, the economy, the path to success is rigged against everyday Americans, that the middle class is held down by an oligarchy of one percenters, in fact,  that life in America is defined by rigid oppression and class bigotry".

That lie is so grossly UnAmerican; indeed, it is so unjust as to deny the tens of thousands in Arlington and our other national cemeteries the peace, respect and dignity that they deserve today, Memorial Day, and every other day on our calendars.
        

Friday, May 8, 2015

The IRS Carpet Bombs Z Street ...

... regrettably one fatality - The U.S. Constitution, and no, it's not the old sailing ship.

So, let's start at the beginning - my liberal friends are quick to deny the fact of the weaponization of the Internal Revenue Service by claiming (wrongly) that progressive organizations were targeted by Lois Lerner's hit squad in roughly equivalent numbers to the Tea Partiers.   Great defense - persons of all political stripes had their constitutional rights trampled upon, so "move along, nothing to see here."

That canard put to bed, we can now turn to the ongoing federal lawsuit, Z Street vs. Koskinan. (See WSJ Editorial, May 7th).  Incredibly as this litigation demonstrates, despite cries of "Never Again", Jews are being targeted by the Government of a major western nation in the 21st Century.

Truth be told, Z Street, a pro-Israel educational organization, was selected for a "special review" in the processing of its 501(c)(4) tax exempt application years before the Tea Party was anything other than a humorous historical footnote to our War of Independence.  When asked in 2010 the reason for the long delay in deciding its exemption application, the IRS agent purportedly stated that management had directed the Charitable Organization Division to "slow walk" all Israel related applications based exclusively upon their national policy advocacy (otherwise known as exercise of free speech rights).

At oral argument before the D.C. Circuit Court of Appeals this week, the three Judge panel was absolutely incredulous that the DOJ could contend that the IRS can constitutionally harass any charitable entity because of that group's foreign (or domestic) policy advocacy, when these views are out of favor with the Chief Executive sitting in the White House.

Remember my liberal friends, that tyrant, Richard Nixon, was voted for impeachment by a House of Representative Committee based upon White House overtures to the IRS seeking adverse tax rulings against opponents of his Administration.  Those 1960's requests were advanced in subtle fashion, such that the IRS rebuffed them immediately and completely.  Nonetheless, this Tricky Dick attempt to use the IRS to harass his "enemies"  was deemed so egregious that it warranted his removal from office.

Accordingly, what say you now - you Champions of civil liberties - when the current White House has successfully and repeatedly misused the IRS to harass both Conservatives and Jews?  Who do they have to come after before you will care?  Know well: Z Street is not a fictional nightmare on Elm Street.  It embodies the tyranny of the weaponization of the IRS, all too capable of crushing freedom on every street in America.

Monday, May 4, 2015

O 'Baltimore: Willow weep for Thee

I had the privilege of having the City of Baltimore as a client for about seven years in the late 1990's, as I recall the time frame.  My Firm's long standing environmental representation of the City ended with the advent of the Martin O'Malley Mayoral Administration, which for those desirous of fact checking can establish the exact end date for the services provided by myself and my partners.

Lamentably, getting paid the outstanding balances owed to the firm took almost another year of effort, as I recall the word from City Hall being at that time that we had made more than enough from Baltimore, despite unpaid invoices totally more than $70,000.00.  Moreover, the numerous phone calls from the politically connected (large campaign contributions made) law firm's replacement lawyers seeking advice - for free- on matters both routine and obvious to any environmental law specialist made the insult of being stiffed on these bills all the more offensive.

With that context and possible bias on the record, let me get to the point here.  I still love Baltimore, its Inner Harbor, history, its architecture, sewerage systems, its potable drinking water plants, its good people and most definitely its terrific food and restaurants.  Sure, I saw plenty of decay and urban blight; nonetheless, mostly I inter-acted with very bright, hard working folks who respected their home town and looked to the future with both hope and appreciation for the means to achieve a better tomorrow.  

Today, however, I fear that the Battle of Baltimore may have already been lost, as no society can intentionally withhold the protection of property and police officers lives and expect others than the wild thugs to be enthralled by the devastating realities of such "life on the street."

Just take a moment to ponder the now ongoing thought process of current city business owners and potential business investors in Baltimore - a Mayor repeatedly apologizes for calling looters, arsonists and attempted murders of police officers "thugs".  They are our unsupervised children, after all; yet offers nothing but contempt for the very economic lives of the city's business owners - with the back of her hand, this mayor gave our children all the space needed to destroy these life sustaining institutions, as these thugs needed to vent their anger.

Simply disgusting, and a clear abdication of the Mayor's sworn duty to uphold the law, and to preclude criminals from being given full and complete immunity to purge the town of the racist haunts as is a CVS pharmacy and a religious organization funded senior citizen home.

In sum, I will believe Prosecutor Mosby's refrain that - on her watch (better watch closely before she runs for higher office) - no one is above the law, just as soon as she opens an investigation to determine whether the current Mayor engaged in criminal misconduct in office by stopping law enforcement arrests over a 48 hour period of city riots that gutted hundreds of burned out cars, buildings and citizen belief in the honesty of elected representatives.  Don't hold your breath, or smoke might just get in your eyes.