Questions, Questions, Questions

question-markby Anniel11/17/16
The election of Donald Trump and the resultant hysteria raise a lot of red flags for all citizens of the United States, Trump fans or not.

Shouldn’t those who are paying people to riot, destroy property and threaten to assassinate Donald Trump be subject to laws against sedition and/or treason?

There has been action taken against the idiot CEO of packetsled, a Silicon Valley company. Matt Harrigan, had to resign and then be terminated by the Board of Directors of the company for threatening to assassinate Trump. In most vile language he told how he was getting a sniper rifle and just how he would carry out his plans. He put the whole plan out on Facebook and Twitter. Of course it was just a “joke,” and not his fault that anyone could take a “private” Face Book conversation seriously. Then the standard “that’s not who I am” rant. Haven’t heard how seriously the Secret Service is treating his threats. packetsled will probably have to change its name.

What about the Racketeer Influenced and Corrupt Organization Act (RICO), 18 US Code, Chapter 96, violations?

“It is unlawful for anyone employed by or associated with any enterprise engaged in, or the activities of which affect, interstate or foreign commerce, to conduct or participate, directly or indirectly, in the conduct of such enterprise’s affairs through a pattern of racketeering activity or collection of unlawful debt. 18 U.S.C.A. § 1962(c) (West 1984). The Racketeer Influenced and Corrupt Organization Act (RICO) was passed by Congress with the declared purpose of seeking to eradicate organized crime in the United States. Russello v. United States, 464 U.S. 16, 26-27, 104 S. Ct. 296, 302-303, 78 L. Ed. 2d 17 (1983); United States v. Turkette, 452 U.S. 576, 589, 101 S. Ct. 2524, 2532, 69 L. Ed. 2d 246 (1981). A violation of Section 1962(c), requires (1) conduct (2) of an enterprise (3) through a pattern (4) of racketeering activity. Sedima, S.P.R.L. v. Imrex Co., 473 U.S. 479, 496, 105 S. Ct. 3275, 3285, 87 L. Ed. 2d 346 (1985).

A more expansive view holds that in order to be found guilty of violating the RICO statute, the government must prove beyond a reasonable doubt: (1) that an enterprise existed; (2) that the enterprise affected interstate commerce; (3) that the defendant was associated with or employed by the enterprise; (4) that the defendant engaged in a pattern of racketeering activity; and (5) that the defendant conducted or participated in the conduct of the enterprise through that pattern of racketeering activity through the commission of at least two acts of racketeering activity as set forth in the indictment. United States v. Phillips, 664 F. 2d 971, 1011 (5th Cir. Unit B Dec. 1981), cert. denied, 457 U.S. 1136, 102 S. Ct. 1265, 73 L. Ed. 2d 1354 (1982).

An “enterprise” is defined as including any individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity. 18 U.S.C.A. § 1961(4) (West 1984). Many courts have noted that Congress mandated a liberal construction of the RICO statute in order to effectuate its remedial purposes by holding that the term “enterprise” has an expansive statutory definition. United States v. Delano, 825 F. Supp. 534, 538-39 (W.D.N.Y. 1993), aff’d in part, rev’d in part, 55 F. 3d 720 (2d Cir. 1995), cases cited therein.”

Doesn’t sending arms and hired provocateurs from state to state, crossing multiple state borders, prove violations of interstate commerce?

Can US bureaus, offices or officers be prosecuted under the RICO Statute? People like IRS Commissioner John Koskinen, or even Lois Lerner who violated the rights of innocent civilians at will? And destroyed public records in the process? To say nothing of Justice Department officials who have aided and abetted groups organizing across the country to intimidate and threaten voting citizens?

There are laws against using paid killers to assassinate anyone, let alone the President elect. Cite Soro’s funded groups for such criminality and attempted murder. Craig’s List should be charged for aiding and abetting the group’s activities.

And the myth of a free and honest media has been thoroughly exposed. The New York Times has promised to be good and start being honest. Sure, we believe that one, too. Shouldn’t people who have been slandered by the press when the media knew the information was made-up, or they doctored the reported information, be grounds for libel suits? If they willfully lie or make up stories let them holler all they want, if they deliberately manipulate the news, they deserve their fate.

Because Bear is a 4th Generation Californian transplant to Alaska, we follow a lot of the nuttiness of California politics. We have been having a lot of fun discussing what happens to the threats from both California and Portland to secede from the Union following Donald Trump’s election.

Would the proposed State of Jefferson be able to secede from Southern California and be admitted as a new state in the U.S.? Where would the exact dividing line between north and south California be? Would Northern California and Southern Oregon find the political will to actually come together and then do so? Next, how would Southern California react to such a move? How long would it take to establish new boundaries and allow for population shifts?

Would the remaining portion of the Southern California State then secede from the union? Would the area become a part of Mexico? Or would it become a new country of its own, requiring such things as its own monetary system, armed forces and passports? Who would take over its public debt? Would the people there demand Foreign Aid? Who would pay their public unions (Teachers and other public unions) retirement debts?

Would the U.S. under President Trump allow Southern California to secede? Would a wall need to be built between the two countries so no illegal aliens could enter the Regular United States? What about the 109 Indigenous Peoples Tribes? Would they stand quietly by while their lands are divided?

Did you know that 38% of all earnings from casinos run by indigenous peoples come from two states, California and Oklahoma? So, how would gaming be handled? Who would claim those funds?

Imagining such actions kept us highly entertained as we considered what the people having temper tantrums and demanding Trump be removed from the Presidency really entails. For every action Bear and I considered, we figured there would be at least five hundred to a thousand reactions. Is that what’s called “whack a mole?”

We had a good time playing like we were a big Think Tank, though.

Maybe the whole idiotic MSM and Washington cabal, including the Clintons and George Soros Enterprises, Inc. could be sent into exile and then quarantined in the New California. But I’ve often also thought a blockade and quarantine of Washington, D.C. would have a salutary effect on the rest of the nation.

We should be so lucky, but we can dream, can’t we?

What a massive clean-up job awaits America. Disinfecting a country and draining swamps ain’t easy. Bear says he’s worried about what’s hidden in the muck of the swamp. • (1249 views)

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34 Responses to Questions, Questions, Questions

  1. Timothy Lane says:

    Unfortunately, the news media can pretty much smear people with impunity. For those who are considered “public figures”, the standard for libel over the past half century is that one must not only prove that the claims are false, but that the libeler either knew it or didn’t care (“reckless disregard for truth”). This happens on rare occasion (Ariel Sharon pulled it off, as I recall), but the proof of intend is extremely difficult.

    RICO would be an interesting approach, but probably could only be true if the illegal actions were perpetrated in the name of the organization. Whatever business Soros leads (if any) provides him with the money to do so much harm, but is not involved in his misbehavior. Even proving Soros guilty of anything would be difficult. One might be able to prove that he sent money to an organization that protested the election — but they’d claim any violence was incidental to the protest and not their fault. Could anyone actually prove otherwise?

    Legal charges against Obama Gang criminals would be an excellent idea, though one has to hope that there isn’t a short statute of limitations (the government protects itself, and its members, first and foremost).

    • Anniel says:

      Timothy,

      It’s so sad when such dishonesty and histrionics are permitted to continue. Every day, if you follow any news at all, you get exposure to unbelievable filth and degregation. Even Drudge is becoming unbearable. Hopefully that will begin to change, even a small amount would be helpful.

      Hey, we can all sign on to demonstrate and harass everyone else and make good money doing so. Portland will take you, even if you don’t live there, and you don’t even have to vote. Probably better if you don’t bother to even register.

      Or we can all follow the always charming Lena Dunham to Arizona, and communicate our fears to the rocks. I’m sure her conversations with the rocks are liberating and sooooo intelligent.

      Are people insane?

  2. Kung Fu Zu Kung Fu Zu says:

    We have been having a lot of fun discussing what happens to the threats from both California and Portland to secede from the Union following Donald Trump’s election.

    These same people sneered at Perry when he mentioned something about Texas having the right to secede from the Union.

    In any case, this was tried once. It did not turn out too well for those who made the attempt.

    • Timothy Lane says:

      Yes. but back then the non-seceding states wanted to keep the union intact. I’m not sure today that we would object to California (or New England) leaving.

      • Anniel says:

        I love the California signs that say “Trump is Not my President”. Well, probably not since most of them are illegal immigrants. I once told a lib friend that the Latinos could vote here when I can vote there. I think she is still wondering why the Mexicans would let me ever vote in THEIR country, or why I would want to. There was just no connection in her brain.

      • Rosalys says:

        I’m all for cutting California loose. I really like the idea of dividing north and south and letting southern Cal go.

        I’ve got to wonder though, if southern Cal actually does leave, how long will it take for reality to rear its ugly head? I mean, I doubt they could survive without Daddy’s (the rest of the US of A’s) bankroll. Panic and hysteria would reign. And I will get my Big Gulp and bowl of popcorn, and enjoy the best show in years!

        Bill Whittle says that it would be good for California to secede, because then we would be able to invade it.

        All options sound good to me!

  3. Bill says:

    “Bear says he’s worried about what’s hidden in the muck of the swamp.”

    What’s hidden there? The Bureaucracy. You can change the politicians all you want, but unless you change the mechanism they live and breathe by, untangle the labyrinthine connections of Red Tape and GroupThink, nothing will really change. THAT is the real challenge.

    • Brad Nelson Brad Nelson says:

      Bill, you put you finger on a major aspect of this. As much as we might want to get caught in the partisan divide, the truth seems to be more and more it doesn’t matter who wins elections. The bureaucracy survives. We are becoming “the regulatory state.”

      And regards to the president-elect, for the most part he did not run on hacking a few tentacles off this beast. He ran as a Teddy Roosevelt progressive. He would slay his chosen dragons using his personal omniscience and the power of his will (via government).

      That’s all well and good. And he could have a positive effect by getting on the back of this bloated beast and trampling the villains instead of the hard-working citizens. But at the end of the day, the safe bet is the beast will get bigger, the path of top-down power beaten deeper, and the government will be more engrained.

      The end result will also be that we adopt the “Mother may I?” orientation. The onus is on us to prove that our actions are not going to be harmful or cost government anything that we don’t reimburse. The presumption becomes like Europe where it is assumed you don’t have a right to do something unless explicitly empowered by government.

      This becomes a mindset and cultural habit, particularly because the alternative (wisdom and personal restraint) become foreign to people. Let government decide. Let government take the burden away for how I should live. And with “science” having been procured by these government types as underlaying their supposed rational and “scientific” governance, old standbys (such as religious philosophy or just any moral system not connected to the wants and needs of Big Government) become marginalized. They also fall in disuse (as exemplified by the Kumbaya Christians) and “the good” becomes whatever the regulators say it is.

      What to do? Get mad every few years and vote in a new ringmaster to whip the elephant into doing our bidding. And hope it doesn’t trample us in the process.

    • Kung Fu Zu Kung Fu Zu says:

      This is why I have not been so concerned with term limits. Bureaucrats have no such limits and write much of the law. Just look at the Federal Register. It is over 80,000 pages long and those pages are written by bureaucrats as Congress will not write clear laws.

      This is also why those 4,000+ appointments under Pence’s control are so important. They should have a significant influence on the bureaucracy.

      I will be interested to see if Trump tries to change the laws regarding hiring and firing of government employees.

      On a positive note, it appears Trump will appoint Jeff Sessions as Attorney General. Hopefully, Sessions will root out the corruption at Justice.

      • Timothy Lane says:

        We need to bring back the Schechter Brothers precedent from the 1930s. (It was one of 3 key anti-FDR decisions delivered the same day, and unanimous. I wrote about it for a Salem Press article in The Thirties in America.) That would at least reduce the harm of bureaucratic regulation. (Such regulations should have to be approved by Congress.

        Sessions has accepted the AG position. If confirmed (and he was rejected 30 or so years ago for a federal judgeship) he’ll be an excellent choice. Trump also named Mike Pompeo to head the CIA and General Mike Flynn as National Security Advisor.

      • SkepticalCynic SkepticalCynic says:

        I realize that I may not know as much as you intellectuals that write here but aren’t most of the members of Congress lawyers or have been? If so, did they not learn how to write legal documents? Seems like we could cut a few jobs in the bureaucracy in those departments without causing problems.

        • Timothy Lane says:

          Whenever they have a shutdown, they furlough employees they consider non-essential (generally giving them back pay after the shutdown). To start with, those employees would make good targets for attrition.

          • Kung Fu Zu Kung Fu Zu says:

            The easiest way to hack away at the bureaucracy is to put a stop to all new hiring. Then let natural attrition take place.

  4. Brad Nelson Brad Nelson says:

    Those on the Left should not be held to the standard rules of behavior because they care so damn much. And they’ll riot if necessary to show it. Or lie. Or slander. Etc.

    A common theme today is of our “polarized” society. What does that actually mean? It means selective insanity. And it’s on both sides. Work for what you believe in. But unless you can have one foot anchored in something other than politics — which seems today to mean to have your feelings ratified on network TV — then you’re part of the problem.

  5. Anniel says:

    Bear woke me up this morning to remind me that we have more US government property in SCal than just about anyplace else, what with National Parks and monuments, defense bases, etc. And what happens to Medicare and Medicaid, and on and on. As for the Bureaucracy, isn’t California, leaving out all federal bureaucrats, still State Bureauocracy Central?

    Just heard on the news that the San Francisco Teachers (an oxymoron, I know) are writing up plans for teaching students to hate Trump. Such charming people.

    • Kung Fu Zu Kung Fu Zu says:

      Just heard on the news that the San Francisco Teachers (an oxymoron, I know) are writing up plans for teaching students to hate Trump. Such charming people.

      Sounds like a good place for the Sec of Edu to start shrinking the bureaucracy by cutting off Fed funds for California schools. This is a twofer! Shrink the bureaucracy and return education to localities.

      • Anniel says:

        What a great idea! I thought these teachers are cutting their own throats. When the folks at home start caring for how they educate their children things will take a turn for the better.

    • Timothy Lane says:

      Federal ownership tends to be greatest in the Rocky Mountain states (Nevada is around 2/3 or more federally owned) and Alaska.

      Those San Francisco schools demonstrate the need for school choice, though I doubt it will ever be available there.

  6. Anniel says:

    I remembered, finally, the name of a book “People’s Republic” by Kurt Schlichter that deals with this very subject. Both coasts have seceded from the Union. If anyone is interested. It has foul language, and the hero has a more death defying life, and body count, than Jack Reacher. But if you want a real fantasy adventure it’s probably right on the mark on what life would be like.

  7. SkepticalCynic SkepticalCynic says:

    I for one, would be glad to let California secede from the union. I know only one person that lives in CA but there are a bunch crazy ignoramuses living there. A few are in our Congress. Please do not discourage them.

  8. Anniel says:

    I see on Drudge this morning that secessionists in California are making their demands formal. Get out your popcorn Rosalys.

    • Timothy Lane says:

      The proper response should be “Don’t let the door hit you in the arse on the way out.” Good riddance if they left.

    • Brad Nelson Brad Nelson says:

      The slogan of Hillary’s campaign was “Stronger Together.” Apparently this slogan is just Marxist doublespeak or some people didn’t take it to heart.

    • Stuart Whitman Stuart Whitman says:

      I’m quite sure Trump could sell it before succession. $20 trillion and they pay for the wall. Then comes Trump Water Inc. It’s not rocket science.

  9. Brad Nelson Brad Nelson says:

    Much has been written about the future of the Democrat Party. You lose one election and there rises a stupid consensus (Does no one read history anymore?) that says the Dems are finished, long live the Republican Party.

    This is indeed stupid. But I do agree that keeping around white, female, elderly, socialist, elitist, nags could be problematic. This is a party that needs to de-louse the Clintons and the Pelosis from their midst.

  10. Kung Fu Zu Kung Fu Zu says:

    If this article is correct and Trump can actually pull this off, he will already have done much to better the nation. To weaken the bureaucracy one much stop feeding the beast.

    http://thehill.com/policy/finance/314991-trump-team-prepares-dramatic-cuts

    • Timothy Lane says:

      These cuts would require congressional approval, but even formally proposing them would be a good start, and would probably lead to some genuine cuts. But it has been said that there are really 3 parties in Congress: Republicans, Democrats, and Spenders.

    • Brad Nelson Brad Nelson says:

      Rush reported that as of noon today, all mention of “climate change” has been removed from the White House web site front page. That’s good news.

    • Brad Nelson Brad Nelson says:

      More info on Trump’s budget.

      To me, I think it’s obvious that man is still in demagogue mode — or is just not knowledgable about the realities of the situation. As Veronique notes, you’re not going to cut trillions from the budget while leaving entitlements alone.

      • Timothy Lane says:

        Well, the projected cuts are a trillion dollars over 10 years, which is an average of $100 billion per year (probably more in later years as the cuts mount up).

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