Category Archives: Uncategorized

The Case for Due Process

 

In a previous post, I shared The Daily Show host Trevor Noah’s observation you can both support Black Lives Matter AND be pro-police.  I still believe that.  In fact, my pro-police side was affirmed several times over the weekend following the largely unsuccessful terrorist bombing in the Chelsea neighborhood of New York City.  (NOTE:  Though this is hardly a laughing matter, it did remind me of a segment from the early days of Saturday Night Live titled “Dangerous, But Inept” which profiled among others Gerald Ford’s attempted assassins Lynette “Squeaky” Fromme and Sarah Moore.)

For the three days following the bombing, life again imitated art as the arrest and arraignment of accused bomber Ahmad Khan Rahami could just have easily been episodes of  CSI and Law and Order. Through meticulous detective work and forensics, law enforcement officials quickly identified Rahami as a suspect and issued an all points bulletin which generated a tip as to his whereabouts.  On Monday Morning, Rahami was taken into custody following a gun battle in which one officer and Ramani were injured.  Within 24 hours, Rahami was charged in federal court on several criminal counts including use of weapons of mass destruction and bombing a place of public use.  Additionally, he faces state charges including attempted murder of a law enforcement officer.

This is EXACTLY how our system of criminal justice was designed to work.  Everyone involved from police to prosecutors to first responders who tended to the injured deserve our praise and gratitude.  Now that the primary suspect is in custody, one would hope those appointed to try Ramani for these crimes continue to adhere to constitutional principles.

No one should be surprised that Donald Trump immediately questioned whether Ramani was entitled to medical treatment and due process.  At a Ft. Myers, Florida rally he told his supporters:

But the bad part, now we will give him amazing hospitalization. He will be taken care of by some of the best doctors in the world. He will be given a fully modern and updated hospital room. And he’ll probably even have room service, knowing the way our country is.

And on top of all that, he will be represented by an outstanding lawyer. His case will go through the various court systems for years and, in the end, people will forget and his punishment will not be what it once would have been. (Source: NPR, September 19, 2016)

Contrary to evidence dozens of terror suspects have been tried and convicted in U.S. courts since 9/11, CNN sadly took the bait and raised the question, “Does bombing suspect deserve due process?”  Viewers were quick to counter this inquiry including a tweet from @goddamnedfrank  which read, “CNN is now normalizing fascism, questioning the rule of law and the civil rights protections enshrined in the US Constitution.”

But Arlo Guthrie is again whispering in my ear, “That’s not what you came here to talk about.” Here are the questions I have concerning the response to the Chelsea bombing.  There is no doubt Ramani was armed and dangerous.  He proved it by engaging in an exchange of gunfire prior to his capture.  He wounded a law enforcement officer.  He resisted arrested.  I doubt anyone would have felt authorities where unjustified in using “deadly force” in response to this perceived threat.

But they didn’t.  In this case, where the suspect posed a far greater risk than many of the individuals now being championed by Black Lives Matter,  he was disarmed and taken into custody.  And unlike the young black men who have died due to the use of “deadly force” whether justified or not, Ramani will have his day in court.

Here are my questions.  “If law enforcement officers can disable and capture the most dangerous among us, why is this not the case in instances associated with traffic violations and petty crimes? Although I have not seen a detailed medical report, Ramani appears to have been wounded in the right arm and right leg.  Are police officers involved in the shooting deaths of some of these black men so poorly trained  marksmen they are not capable of incapacitating a suspect short of death?  And why doesn’t CNN focus on the denial of due process in cases where law enforcement, in addition to its legitimate and necessary role in the criminal justice system, also becomes judge and executioner?”

For what it’s worth.
Dr. ESP

 

Leading from Behind…or Farther Back

 

There I go again.  A hopefully provocative headline which will entice you into reading this post.  And you likely thought the subject matter involved United States foreign policy.  If you’re still reading this, it worked.

Actually, this post is about philanthropy, a topic which has received considerable attention during the last couple of weeks, largely due to the Washington Post’s David Farenthold and his investigation into the Trump Foundation.  Farenthold has pointed out a number of instances in which the Trump Foundation is guilty of either illegal or questionable transactions including:

  • A $25,000 donation to Florida Attorney General Pam Bondi’s re-election campaign at the time Ms. Bondi was considering whether to join her New York counterpart’s case against Trump University.
  • Failure to make a $1.0 million donation to veterans’ organizations in lieu of participating in a Republican debate until he was shamed into doing so after being exposed by Farenthold.
  • Use of charitable funds by Trump to purchase two portraits of himself.  NOTE: The charitable tax benefit goes to the individual who donates the item to an auction, not the person who buys it.
  • The use of charitable funds for donations to civic organizations  to settle lawsuits related to violations at his Mar-a-Lago home and one of his golf courses in New York.  The settlements were supposed to be paid with corporate or personal funds.

As reported by Farenthold, what makes this more unconscionable is the fact the Trump Foundation, since 2008, has been funded by third parties, not by Trump himself.

Sometimes I have to research an issue to better understand it.  This is not one of those cases as I have personal experience, having proudly been an associate for five years at the Ewing Marion Kauffman Foundation in Kansas City, Missouri.  What struck me as I read Farenthold’s reporting was not these individual instances of charitable malpractice, but the difference in philosophy between Trump as an philanthropist and Mr. K (as he was affectionately called by friends, colleagues and the Kansas City community).  Mr. K practiced what he preached and held himself to the same standards he expected of others.  For someone like Trump, who is quick to suggest he would be out front rather than “leading from behind,” you should look for him to demonstrate that leadership style in other aspects of his life.

Which brings me back to Mr. K.  When he felt people did not appreciate the heritage of Negro Leagues baseball or acknowledge the talent of the players who never had an opportunity to play for major league teams, he put up the money to build the National Negro Leagues Baseball Museum.  When he believed the rich history of Kansas City jazz might be forgotten, he funded the American Jazz Museum.  He did not wait for someone else to ask him to join these projects.  It was his lead funding, desire and initiative which brought others to the table.

Although not a charitable endeavor, Mr. K also demonstrated a commitment to his home town when he personally committed the dollars which secured a major league franchise which became the Kansas City Royals.  While many owners view sports franchises as a wise business investment, the extent to which Mr. K viewed the Royals as a community asset became clear when he directed the proceeds from the sale of the team after his death to go the Kansas City Community Foundation, not to his own foundation or to the family.

There is one other major difference between Trump and Mr. K.  Neither the Negro Leagues or jazz museums bares his name.  And when he put up the money for a new stadium for his beloved baseball team, he insisted it be called Royals Stadium.  Only after he was diagnosed with cancer and his imminent death became apparent, his friends and the community demanded the name be changed to Kauffman Stadium so they could honor him while he was still alive.

Mr. K’s philosophy of philanthropy did not extend to his business dealings.  Just the opposite.  The principles which guided the foundation were honed during his years as president and CEO of Marion Merrill Dow.  He was among the first to institute profit sharing with his workers.  He changed the relationship between management and labor by referring to everyone as associates.  He attributed his success to hiring people smarter than himself.

This is what taking the lead looks like.  More importantly, it is not demonstrated through individual transactions, it is manifest in the overarching philosophy on which those transactions are based.

For what it’s worth.
Dr. ESP

 

Sophie’s Choice Revisited

 

While driving to D.C. on Friday, I was listening to Morning Joe  on satellite radio, when the panel was interviewing a Democratic representative about Congress’ failure to provide funds to fight Zika.  It’s not what he said that raised my ire.  It’s what he didn’t say and made me realize Democrats need to stop blaming Republicans for legislative gridlock.  They need to blame themselves for not articulating issues in a way that clearly defines what is at stake.

Zika funding is the perfect example.  While both Democrats and Republicans agree something needs to be done, Republicans have added a non-germane rider to the Zika bill to attack Planned Parenthood. When asked what he was going to do today to break the deadlock, he said, “I’m going to be talking to a lot of people about this.”  He did not specify who this included.

Public policy guru Kevin Gottlieb has always said, “When politicians feel the heat, they see the light.”  Gottlieb also reminds us a politician’s primary instinct is survival.  But to make an issue a matter of political life or death, it must be presented in a way voters will respond emotionally as well as intellectually.  This is where the Democrats fail far too often.

If I were running the Democratic National Committee, I would create and run the following political advertisement in the districts of every congressman and senator who believes Zika funding should be tied to Planned Parenthood.

[Picture of Meryl Streep and her two children in a scene from the movie Sophie’s Choice]

Voice over: Remember the movie Sophie’s Choice, when a mother in a concentration camp was forced to decide which of her children should live and which should die.  No woman should ever have to make that kind of decision.

[Picture of the congressman or senator from that jurisdiction]

Voice over:  This is a picture of (add your representative/senator’s name) who refuses to vote for emergency funds unless Planned Parenthood is barred from access to these dollars.  For many women, Planned Parenthood is their primary health resource. In other words, Zika prevention and treatment will only be available from providers Congress approves.

[Picture of a woman being inoculated against the Zika virus]

Voiceover: Call (add representative/senator’s name) and tell him/her this is a false choice.  Tell him/her you are not willing to open the door to defunding Planned Parenthood in exchange for Zika funding.  Either vote for a clean bill to address this potential health crisis or come November, you will find someone who will.

If Gottlieb is right, a clean Zika bill will be on the President’s desk post haste.

Sadly, this election cycle is being viewed as a choice between one candidate who tries to keep her cool and presents reasoned policy options and the other candidate who appeals to his supporters’ emotions without much content.  This too is a false dichotomy.  There is a third choice I like to call “cool heat,” bringing emotional intelligence, not just emotion to the debate.

For what it’s worth.
Dr. ESP

 

The Dog Days of Summer

 

In baseball, the “dog days of summer” refers to the period from mid-July to the end of August when temperatures and humidity reach their peak.  It is also the time when a team’s outcome is pretty much determined.  You are either a contender or already declaring “wait ’til next year.”

For politicians running for election or re-election, baseball’s “dog days” represent an appropriate metaphor.  Playoff contenders traditionally use August as the time to assess the remaining schedule and look for proven talent (most often pitchers), fill gaps in the line-up and make sure the team is healthy and mentally prepared.  General managers, field managers and owners know you do not win the pennant in August, but what you do during that period may determine if you’re still in the race in October.

In contrast, the also-rans promote minor league players to determine their value in the future.  They also focus on window-dressing (e.g. special events and bringing in aging superstars) to fill seats once any hope of a championship season has vanished into the ether.

I thought about the “dog days of summer” when I saw the following headline in this morning’s New York Times, “Where Has Hillary Clinton Been? Ask the Ultrarich.”  The article included the following.

If Mr. Trump appears to be waging his campaign in rallies and network interviews, Mrs. Clinton’s second presidential bid seems to amount to a series of high-dollar fund-raisers with public appearances added to the schedule when they can be fit in. Last week, for example, she diverged just once from her packed fund-raising schedule to deliver a speech.

Conventional wisdom tells us voters don’t start looking at the election in earnest until Labor Day.  That being the case, one has to ask, “What is the best use of a candidate’s time and energy preparing for the political equivalent of a pennant race?”  Do exactly what a contending baseball organization would do!  Assess the schedule and begin the final push with a Labor Day event in New Hampshire, the state Nate Silver’s 538 forecast suggests may be the tipping point in the election.  Fill the gaps by reinserting Bernie Sanders, Joe Biden and Elizabeth Warren into the line-up.  Make sure you have the resources so money is not an issue.  Yes, Clinton mingled with the ultra-rich and raised a record $143 million in the month of August.  (NOTE: The Trump campaign has yet to release it’s August numbers.)  Be mentally prepared for the stretch run by prepping for the three presidential debates.

As your political playoff hopes dwindle, the question becomes, “How do I stay relevant?”  Bring in aging superstars such as Rudy Giuliani and Roger Ailes.  Promote minor leaguers like Steve Bannon, Mark Burns and Marco Gutierrez. Stage special events like a surprise trip to Mexico or a scripted interview at an African-American church in Detroit.

Politics is a business in which profits are measured in votes instead of dollars.  Therefore, candidates should heed the advice of business advisers like Ken DiPrima at Corporate Business Solutions.

The finish line is in sight. Whether a business is short of meeting their profit and sales goals or are exceeding them, how they emerge from the dog days of summer will determine whether they meet their target at the end of the year.

Also good advice for Amy Chozick and Jonathan Martin, the authors of the Times  article. The headline could have just as easily read, “Which Campaign Is Best Prepared for the Home Stretch?”  The reporters wouldn’t have to change a single word.  All they need is a better understanding of the ebb and flow of election cycles.  Perhaps re-reading Aesop’s “The Hare and the Tortoise,” might help.

For what it’s worth.
Dr. ESP

 

Love the Crime; Hate the Criminal

 

In letter #211, St. Augustine wrote, “Cum dilectione hominum et odio vitiorum,” which translates to, “With love for mankind and hatred of sins.”  The more commonly quoted version of this sentiment comes from Mahatma Gandhi, “Love the sinner but hate the sin.”  In Gandhi’s case, he appealed to his fellow countrymen to challenge British rule without fomenting hatred toward the English, hatred which  might lead to violence and undercut international support for the Indian independence movement.  The British wanted nothing more than the world to see Indians as violent and dangerous, unable to govern themselves.

My thoughts turned to St. Augustine and Gandhi yesterday when I saw Donald Trump’s response to the shooting death of Dwyane Wade’s cousin Nykea Aldridge.  Within hours the Republican nominee tweeted:

Dwyane Wade’s cousin was just shot and killed walking her baby in Chicago. Just what I have been saying. African-Americans will VOTE TRUMP!”

This is not the first time Trump has turned tragedy into a self-promoting vehicle.  It was one more in a series of initial reactions to tragic events in the United States and abroad.

After the murder of 49 members of the LBGT community at The Pulse nightclub in Orlando, Florida:

Appreciate the congrats for being right on radical Islamic terrorism, I don’t want congrats, I want toughness & vigilance. We must be smart!

And following a terrorist attack in Brussels, Belgium in which two Americans were among the 35 victims:

Remember when I recently said that Brussels is a “hell hole” and a mess and the failing @nytimes wrote a critical article. I was so right!

Thus, the title of this post.  Donald Trump sees crime and terrorist acts as a validation of his world view of America and the world as a dangerous and scary place.  He does not understand that Brussels was an ISIS target, NOT because it is a “hell hole,” but because it is a vibrant example of a free and open society.  Or that The Pulse was a symbol of tolerance.

Only after these tweets resulted in bi-partisan and public outrage, did Trump express sympathy for the victims and their families.  Trump is also quick to point out that criminals and terrorists are “really bad” people.  On that count he is right. However, instead of calling for justice for the victims, his initial exhortation is VOTE TRUMP!

Last night, Chicago police apprehended and charged two men accused of Nykea Aldridge’s murder.  Yet the master tweeter was silent as this development does not fit his narrative in which everything is “going to hell” and everybody is “not smart.”  I cannot help but wonder whether campaign strategists in Trump Tower believe more of these kinds of tragedy are just what their candidate needs to win in November.

For what it’s worth.
Dr. ESP