Citizen’s Arrest Laws: Ahmaud Arbery

Blog 21 November 2021: Citizen’s Arrest

This is the text of the Georgia Citizen’s Arrest law that is being used in the defense of the three men who hunted down Ahmaud Arbery and killed him in the street.

“A private person may arrest an offender if the offense is committed in his presence or within his immediate knowledge. If the offense is a felony and the offender is escaping or attempting to escape, a private person may arrest him upon reasonable and probable grounds of suspicion.”

https://law.justia.com/codes/georgia/2010/title-17/chapter-4/article-4/17-4-60/

According to Joseph Margulies, of Cornell University, citizen’s arrest laws date back to before the founding of the country. These laws allowed citizens to detain someone they had seen commit a crime.  The laws were designed for an environment in which there were few police.

The Georgia law, updated since then, was put into effect in 1863 and was designed as a slave catching statute.  Georgia along with other states, primarily in the south, later expanded these laws to cover citizens arresting someone they reasonably suspected of trying to escape from a felony.

This law was only repealed after Ahmaud Arbery was killed.  [1]

The jury will have to decide whether the three men “reasonably suspected” Arbery of committing a felony and trying to escape.    The issue will be whether the predominately white jury thinks that the three white men reasonably believed that Arbery had committed a crime.

Margulies also points out that there is a “stand your ground” law in Georgia which allows the use of deadly force if a person “reasonably believed that they were at risk of serious bodily injury or death.” [2]

NPR Article: https://www.npr.org/2021/10/26/1048398618/what-is-the-citizens-arrest-law-in-the-trial-over-ahmaud-arberys-death

Ira P. Robbins, a law professor at American university who studies these citizen’s arrest laws, wrote: “…a member of the public doesn’t know — and likely cannot understand — the nuances of citizen’s arrest, particularly when it comes to the use of deadly force.” “That’s why it is so dangerous for people to take the law into their own hands.”

In an article in the New York Times, a case in surburban Atlanta is described.  “…Hannah R. Payne, 22, is awaiting trial on murder charges for the shooting death of Kenneth E. Herring, a 62-year-old mechanic who left the scene of a fender bender last May. Ms. Payne, who was not involved in the crash, chased Mr. Herring in her Jeep.”

“Witnesses told police in Clayton County, Ga., that Ms. Payne blocked Mr. Herring’s truck, approached the open driver’s-side window of his vehicle and punched him with her left hand as she pointed a 9-millimeter firearm with her right.”

“A 911 dispatcher told her (Payne) to stand down, but the police said the call recorded Ms. Payne’s demands: “Get out of the car,” she yelled, using a vulgarity. A single shot was fired, and Mr. Herring stepped out of the truck and died.”

Payne was described by her lawyer as an “all-American girl” who “thought she was helping out,” but she is now “facing a long prison term for a killing that shares eerie similarities to the shooting death of Mr. Arbery, who was killed in February after a father and son told the authorities they thought he was the suspect of a rash of recent break-ins in their neighborhood.”

After the refusal of a Wisconsin court to convict Kyle Rittenhouse for taking it on himself to go armed into a situation where he knew he was going to be at risk and put other people at risk, there will be more of these incidents.

People (including women) are bragging on social media about how they will “pop” you if you cross them.  They are proud of this aggressiveness.  Women have adopted this Marjorie Taylor Greene “packing and proud of it” mentality.  One of the neighbors in the Satilla Shores neighborhood where Ahmaud Arbery was killed, testified about usually carrying a gun and running out in the dark in her neighborhood when she thought something was happening.  She even testified that she feared her own husband was going to be shot by the McMichaels one night because the husband was in a vacant house site looking for “intruders.”

These citizen’s arrests laws are dangerous, unconscionable, and completely unnecessary.   


[1] In this article, published by NPR, the killing of Ahmaud Arbery is said to have happened “after a fight broke out in the road…”  A fight did not “break out.”  Three men were pursuing Arbery, cutting him off and positioning themselves so that Arbery was “trapped like a rat” as described by Greg McMichael. 

[2] I do not know if this “stand your ground” law is still in effect.  I think it it.

The “Investigators” of the Ahmaud Arbery Case: Glynn County Police Department

One of the ironic things about the Ahmaud Arbery case is that because of the shoddy, good-ole-boy “investigation” of his killing, the defense is busily planting doubt in the minds of the jurors.

This “investigation” was carried out by the Glynn County Police Department which has a history of corruption and questionable police tactics.  The investigation of the killing of Ahmaud Arbery is just the most recent in a long list of corrupt practices.

In April 2019, Action News Jax (Jacksonville, Florida) reported that an internal investigation by the Georgia Bureau of Investigation (GBI) had uncovered misconduct within the Glynn-Brunswick Narcotics Enforcement Team. This investigation led to the unit being disbanded.

Narcotics Enforcement Teams are not disbanded without good reason, and not without an enormous amount of pressure being exerted on the law enforcement agency.

As with the Arbery case, the GBI had to be called in to “investigate after Chief of Staff Brian Scott was notified of reported inappropriate behavior involving an officer assigned to the GBNET” (the drug squad).

A report on the internal investigation included findings that Investigator James Cassada was involved in sexual relationships with two confidential informants (CIs) and had been conducting these sexual relationships since 2017.  Cassandra resigned in February (2019) at the initial phase of the investigation.

Not only was Cassada having sex with his informants, he told another investigator not to pursue drug charges against his CI.  One of Cassandra’s CIs told investigators that Cassada had asked her how much it would cost him to have sex with her. The CI said she and Cassandra had had sex twice in his department issued vehicle.

There were also allegations in the report that Cassada had used cocaine and methamphetamine and supplied the drugs to CIs, but there was insufficient evidence to support the claims.

The Police Department, according to the JAX reporting, announced the commander of GBNET was facing disciplinary action for his conduct.  We do not know at this time whether this disciplinary action was ever carried out.

According to the JAX report:

  • Three officers from the GCPD came to Capt. Davis Hassler, who was commander between 2016 and 208, with information about the misconduct, but he never opened an investigation.
  • During the interview, Hassler denied having any knowledge of the allegations. He said if an employee had come to him with the allegations, he would have investigated them.
  • Hassler announced he now plans to resign and retire.
  • A joint investigative unit will be established in the future identified as the Brunswick-Glynn Special Investigative Unit. The unit will conduct investigations concerning narcotic crimes, prostitution, human trafficking, illegal gambling, criminal street gangs and alcoholic violations.

At the end of the JAX article about the report on the Drug Unit, this sentence appeared:

Action News Jax reached out to the District Attorney’s Office to find out how many cases could be affected. We’re still waiting on a response.

This is the DA’s office lead by Jackie Johnson who has herself now been indicted for her handling of the Ahmaud Arbery case.

Resources:

https://www.actionnewsjax.com/news/local/drug-enforcement-unit-disbanded-in-brunswick-for-misconduct/941464356/

Ahmaud Arbery Trial: Glynn County, Georgia

Ahmaud Arbery

Blog #3

Case of Police Violence

Gregory McMichael was an investigator for the DA’s office for more than 20 years and was a Glynn County police officer for seven years before that.  He retired in May of 2019. 

When Gregory McMichaels saw a young man jogging past his house, he called to his son.  They immediately armed themselves, jumped in a pick up truck, and drove after Arbery.  They cut him off in the street with their truck and the truck of a neighbor who (of couse) saw the chase and joined in. They shot and killed Arbery in the street.

Three men, saw a black man jogging past their houses, armed themselves and gave chase.  Defense attorneys plan to argue that information Arbery was on probation should be admitted to the trial because that information explains why Arbery ran from the men.

First, Arbery was already running.  He was jogging.  He wasn’t in the beginning running FROM anybody.  Second, the fact that he kept running and did not stop does not necessarily mean he was running FROM the three men.  Third, Arbery had no obligation to stop running because someone ordered him to.  Even if you concede that Arbery was running FROM the men at some point in the chase, what of it?  I am a 71 year old white woman and I would have run from three white men (two of them armed) in pick up trucks who were driving after me and trying to cut me off when I was walking down a residential street. Third, none of these men could have known that Arbery was on probation, and even if they did, they had no right to stop him. 

Greg McMichaels has agued that he thought Arbery was a man who had burglarized a house in the area that was under construction.  But the owner of the house had access to all the video from the site.  The owner did not phone the police or become concerned about anything he saw on the videos.  So, who does Greg McMichaels think he is to try to hold a man even if he entered the house site?  Second, there is video of various people walking in and out of the house site.  Why is Arbery considered different from the other people (white) who entered the construction site?  Third, McMichaels has provided no evidence to demonstrate why he thought Arbery was one of the people on the video tape who had entered the house.   

It is obvious that Gregory McMichaels still considered himself active law enforcement, able to chase, stop and detain other people at will. And, also McMichaels also thought he was perfectly within his rights to arm himself and chase down another human being. None of the men saw Arbery commit any crime. They saw a black man in a predominately white neighborhood and assumed he had committed a crime. They armed themselves and hunted him down and killed him in the street.

A GBI investigator testified that Travis McMichaels used the N word in the conversation that occurred with the police officers who arrived on the scene of Arbery’s killing.  

haiti: some of what we know

NEW YORK, NY – SEPTEMBER 25: President of the Republic of Haiti H.E. Jovenel Moise speaks onstage during the 2018 Concordia Annual Summit – Day 2 at Grand Hyatt New York on September 25, 2018 in New York City. (Photo by Leigh Vogel/Getty Images for Concordia Summit)

The corporate media no longer finds it necessary to cover international stories.  We are treated to video after video of Biden boarding a plane to go somewhere, but the assassination of the President of Haiti is barely mentioned.

The assassination of Haiti’s president, Jovenel Moise, was barely covered last week. 

From what I have read, this is some of what we know.

During an attack early in the morning of July 7, President Jovenel Moise, was killed and his wife wounded in their private residence on the outskirts of Port-au-Prince.  The wife was flown to Miami.

The attack has been described by the NYT as “well-planned.”  And there were reports that many of the attackers were foreigners who spoke Spanish. 

A great many questions are left unanswered about how Moise, President of the country, who usually traveled with more than a dozen armored cars and police guards could be so easily targeted.

The NYT reports that Moise had over 100 officers from the presidential guard around his home.  Nevertheless, Moise was found lying on the floor at the foot of his bed “bathed in blood.”

There were 12 bullet holes visible in the body according to a Haitian Justice of the Peace, Carl Henry Destin, who was on the scene.

The house had been ransacked.  The servants had been tied up.

There are two Americans among the 20 people who have been detained so far.  They were described as Florida residents of Haitian descent.  Other members of the hit squad were described as Colombians.  Mr. Edmond described the men as “well-trained professionals, killers, commandos.”

The Americans told authorities that they were merely translators and had not been in the room where Moise was killed. 

Clement Noel, a judge involved in the investigation said that the two Americans had met with other members of the hit squad at a suburban hotel to plan the attack.  They said that the attack had been planned over the course of a month.  The two American men maintained that the goal was not to kill Moise (the body had 12 gunshot wounds), but to bring him to the national palace.

It has not been reported when the American men entered Haiti, or what connection they had with the other hit men before the assassination. 

Judge Noel said that it was one of the Americas Solages who can be heard on audio of the attack, yelling out that the attackers were DEA agents.  Solages had previously worked as a security guard at the Canadian Embassy in Haiti and there had been no evidence reported that indicates there was any DEA connection.  Why this particular claim was made aloud at the beginning of the attack is not known.

Haiti’s interim prime minister, Claude Joseph, put the country under martial law after the assassination.  It is not clear whether he has the legal authority to do so.  In fact, most of what is going on in Haiti at the moment is of dubious legal basis. 

Days before his death, Moise, had appointed a new prime minister, Ariel Henry.  Henry says he should be in charge of the government.

There is no clear designation of authority in the executive branch and there is no functioning Parliament in Haiti.  There are only 10 sitting senators out of 30.  The terms of the other 20 have expired.  The entire lower house is no longer sitting because their terms expired last year.  The head of the Supreme Court died of Covid.

Haitian government officials told the NYT that they had asked the U.S. to provide troops to protect infrastructure. 

According to a BBC podcast (7/7/21), Moise had become increasingly autocratic during his tenure as president.  He was pushing through a referendum which would have changed the constitution so he would stay in power longer. 

Notes:

  • The former Prime Minister is Laurent Lamothe.
  • Haiti’s ambassador to the U.S. Bocchit Edmond.
  • Claude Joseph is Haiti’s interim prime minister.
  • The two American men were identified as Joseph Vincent and James J. Solages.
  • Former President, Michael Martelly, left office in an electoral crisis in 2016.  He was able to use his political power, however, to see his supporter, Moise, elevated to the presidency.  Protestors were in the streets demanding Martelly’s ouster in 2016.  He left office formally giving presidential power to the leader of the National Assembly.
  • Martelly (like Moise) was criticized for not holding elections during his years.  Martelly was accused of surrounding himself with “cronies, some of them criminals.” NYT (2016)
  • When Martelly was elected, the process was said by critics to be riddled with fraud.
  • Former dictator Jean-Claude Duvalier was ousted in 1986.

Sources:

Global News Podcast.  BBC. (7/7/21)

New York Times (7/8/21)

Reading:

New York Times (2016)

ON POINT WITH RENATO MARIOTTI: MATT GAETZ

CORPORATE NEWS IS NOT WORTH YOUR TIME

Former federal prosecutor Renato Mariotti talks about the possible prosecution of Matt Gaetz.

Notes on the Podcast

  • Gaetz has finally hired an attorney and stopped running his mouth so publicy.
  • Gaetz is trying to act like Trump in response to the investigation.  The big difference is that Trump controlled the Justice Department, Gaeta does not.
  • There is no accountability.  We are still waiting for Trump to be indicted.
  • Barr did fantastic job misleading the pubic about Trump’s collusion with the Russians. 
  • Gaetz thinks he can talk his way out of this.
  • Gaetz’s girlfriend is the daughter of a big donor.
  • Greenberg was the tax collector in Seminole County.  He created a website slandering his political opposition as a pedophile.
  • This person, went to authorities which led to an investigation of Greenberg.
  • The investigation uncovered evidence of an identity theft scheme, making drivers licenses for women he is meeting on a Sugar Daddy website. 
  • Then, the investigation led to uncovering his interactions with an underage girl who had been interacting with Matt Gaetz.
  • Politico reported that a few days before Greenberg was indicted, he texted all his buddies that they had better lawyer up.  This text provided the feds a list of witnesses.
  • They don’t need to prove Gaetz knew her age.
  • There’s the sex trafficking statute (Commercial Sex Act) they can prosecute him under.  This involves transporting underage person for commercial sex.
  • They would argue that this wasn’t commercial sex.
  • Gaeta has a very good lawyer. 
  • Gaetz is sending payments to Greenberg and Greenberg is distributing the money.  Greenberg can testify about the purpose of the payments. 
  • Greenberg can tell the story of the criminal activity.

https://tunein.com/podcasts/News–Politics-Podcasts/On-Topic-with-Renato-Mariotti-p1151906/?topicId=162380555

The boot of authoritarianism: if they thought for one minute they could get away with it

Dereck Chauvin put his knee on the neck of George Floyd, stared into the camera and dared us to do anything about it.     

         Donald Trump did exactly what Chauvin did – he put his knee on the neck of democracy, decency, legality. He stared into the camera and dared us to do anything about it.

         Putin has done exactly what Chauvin did – he has put his knee on the neck of Navalny, stared into the camera and dared us to do anything about it.

         These are lessons, authoritarian lessons.  They are demonstrating to us that that they can do whatever they want.  They can even murder one of us right in front of our very eyes and we can’t do a damn thing about it.

         We have won tonight, in the Chauvin case.  We have won because of the mobilization of millions of people putting pressure on the system to live up to its ideals.  We have won because of the courage and discipline of a group of witnesses.  We have won and we can win again.

         We must stand together and stand up to the boot of authoritarian rule on our necks.  We stopped them with the Chauvin verdict.  That’s why the legal system avoids jury trials if at all possible, especially for powerful defendants.  We can, and we must stop them again.  We must demand that the participants in the corrupt crime spree that was the Trump administration are held to account.  We must demand that dangerous men like Putin and the oligarchs that surround him are held to account.

         If we do not see, truly see that these actions are preparations for authoritarianism, they will come back for us. They are obviously not phased in the least by the electoral defeat in 2020.  The tidal wave of voter suppression being orchestrated by the Republicans is just another way to take power because they cannot win it legitimately. It is their way back in power.  We must take them seriously or we will find ourselves in 2022 and 2024 with another authoritarian take-over of the governmental process. If we flirt with that possibility, we may never recover.

         That look you saw on Chavin’s face when he was kneeling there, crushing the life out of a man, is the same look you would see on the face of Bill Barr, Donald Trump, Jared Kushner, Roger Stone, Steve Bannon, Pompeo, Pence, Steven Miller, Manafort and many others while they crushed the life out of anyone who opposed them if they thought for one minute they could get away with it.   If we let them get away with it, they will crush the life out of democracy and our lives will be unalterably changed.  If we don’t take them seriously, if we don’t fight them we will find ourselves living under that knee being given the same compassion and respect Dereck Chavin gave George Floyd. 

ESSENTIAL READING: Eli Mystal and the Chauvin trial

If you don’t do anything else today, read this article about the legal underpinnings of the Chauvin trial.

https://www.thenation.com/article/society/chauvin-supreme-court/

boeing and the “chickenshit” justice department

TUESDAY 2 MARCH 2021

Justice under Capitalism

Those relying on the U.S. justice system to hold the Trump administration accountable for the crime spree that was the past four years, need to consider the record of the Justice Department in prosecuting corporate and white collar criminals.  Let’s just start with one case.

In January of 2021, the Justice Department allowed Boeing to resolve a criminal charge “related to a conspiracy to defraud” the government in connection with the FAA’s evaluation of Boeing’s 737 MAX airplane.

Boeing needed FAA approval for the planes and FAA was charged with developing safety protocols for them.  Employees of Boeing, however, placing “profit over candor” deceived the government by withholding important information from the regulatory agency, information which might have delayed approval or necessitated increased training for the use of the planes.

These employees continued to withhold the information and participate in a conspiracy to cover up the withholding, even after the first disastrous crash of the Boeing 737 MAX in 2018.

In 2018, Loin Air Flight 610 crashed near Indonesia.  189 passengers and crew were killed.  In March 2019 Ethiopian Airlines Flight 302, crashed near Ejere Ethiopia.  All 157 passengers and crew died.  In March 2019 the plane involved, the 737 MAX, was officially grounded.   

No individuals were charged in the federal criminal information filed against a company, Boeing, and no individuals were punished.  Boeing was allowed to buy itself out of prosecution.

The agreement accepted by the Justice Department was a Deferred Prosecution Agreement (DPA), one of many the Department of Justice enters into with corporations every year.  According to “The Chikenshit Club” by Jesse Eisinger (one of the most underestimated books in the past decade) from 2002 until the Fall of 2016, the Justice Department entered into 416 such agreements.  In the previous 10 years, they had participated in 18.

These DPAs take the place of prosecutions.  They are easier for the Justice Department (require less resources and risk of losing), allow the Department to claim victories and tout what appear to be large fines.  And, the NPAs are much less painful for the corporation.  The fines are usually tiny compared with resources of the corporation, and they rarely involve individuals.   

So even though individuals at Boeing made decision after decision to deceive the regulatory agency the public depends on to ensure flying safety, they were not named and not prosecuted.  They were allowed to hide behind a NPA that resulted in a fine paid by Boeing.

DPAs are similar to plea bargains.  But, unlike plea bargains, they are not lowered charges in exchange for a guilty plea.  It is a prosecution that has been deferred, not brought.  Boeing has not been prosecuted for a crime, and can claim so.  It has been allowed to buy itself out of prosecution. 

Every criminal in every court in the country (except the innocent ones) would love to be allowed to pay a small sum in order not to be prosecuted for the crime s/he committed.  They are almost never afforded this opportunity.

Ordinary criminal defendants (the poor) are almost always required to plead guilty to a crime in order to secure a more lenient sentence.  The poor defendant is subject to the stigma of criminal prosecution, the economic costs.  These companies, however, are allowed to negotiate a settlement that doesn’t even include prosecution, or necessarily an admission of guilt.

In this case, Boeing agreed to a settlement, a bribe, in order not to be prosecuted for deceiving the government by withholding crucial information about one of its planes from those charged with developing safety protocols, information that might well have prevented two crashes and the loss of over 400 lives.

Boeing, a company, a legal fiction, is held responsible for its’ employees behavior.  Those employees who participated in this conspiracy, knowing that it would endanger lives for profit, are left free to be promoted, or leave the company and get jobs working elsewhere, committing more crimes.

The FAA is one of the agencies administering regulations about how corporations function.  Republicans have spent the past forty years fighting against every regulation of industry, starving regulatory agencies of funds, and demonizing them in the eyes of the public they were designed to protect. 

When a white collar or corporate criminal is caught, they are allowed to hide behind their “company” and evade responsibility.

If you want to know what Republicans stand for, this is it – free, unfettered, unaccountable fraud against the American people for profit.     

Resources:

Free Speech TV: Economic Update with Richard Wolff, History Lessons on Capitalism’s Failures, 3/2/21.

Department of Justice News: https://www.justice.gov/opa/pr/boeing-charged-737-max-fraud-conspiracy-and-agrees-pay-over-25-billion

Counterpunch.  https://www.counterpunch.org/2019/04/19/why-boeing-and-its-executives-should-be-prosecuted-for-manslaughter/

Mother Jones several background articles

Intelligencer.  https://nymag.com/intelligencer/2021/01/boeing-settled-737-max-case-for-almost-nothing.html

The Chickenshit Club by Jesse Eisinger

scarborough, both sidesism, fbi, georgia is not a beacon of hope

Georgia is not a beacon of hope, it’s a disaster

Joe Scarborough, both-sideser in chief and head MSNBC misogynist is at it again this morning joined by his usual kiss ass crew.  He got in a little trouble yesterday by repeatedly asking guests whether it was necessary to impeach Trump.  The dreadful Mika told him to stop and he responded like the petulant bully he is, by berating her and trying to embarrass her on national television.

This morning, he and Peter Baker are trying to figure out how “we” can work with the Republicans like James Langford, who have suddenly had an attack of conscience over trying to overthrow an election.

But, for Scarborough and Baker, that’s just a minor blip.  Sedition?  Just apologize and Scarborough will find a way to launder your reputation (if you are a Repubican). 

Baker’s contribution to this was to lament the fact that, in his words, both sides have decided to go back into their partisan corners.  Equal corners, right?  One side is providing the rationale for sedition and the other is trying to restore democracy, but they are both equally to blame. 

On to other matters.

On Ari Melber’s MSNBC show last night, Eugene Robinson (Mr. Mild Manners himself) said that the Republicans created this division and now they are buying body armor.

AOC was evidently so afraid when the attack was going on, she was fearful of going into a safe room with Republicans.  She thought they might lead the attackers to her.  It was not an unreasonable suspicion since one of the members of the House was texting out the location of Nancy Pelosi.

Lindsey Graham characterized the impeachment proceedings as “sheer hatred.”  I can’t wait to find out why Graham did a 180 turn to support Trump.  Maybe if Trump gets more and more frustrated, he will start to spill the dirt. 

Rep Madeleine Dean, who will be one of the impeachment managers said “Lindsay Graham knows better.”   “You too” she said referring to Graham, “are complicit…” 

Trump evidently brought Bannon back into the sedition circle.  Roger Stone was the one who came up with the “Stop the Steal” rallying cry. 

Tony Schwartz is saying that Trump is now moving “between rage and delusion.”  And that Trump has unleashed forces that we may well see become more powerful in the future.  

Peter Strzok, former FBI, expressed “frustration and anger” at the lack of preparedness at the Capitol.  If you look at other events, Strzok argued: “The government can secure the capitol when it wants to and that didn’t happen here.”  Strzok said that the tour groups that evidently went through the Capitol the day before the assault needed to be “looked into.”

Elizabeth Newmann, former Assistant Secretary for Threat Presentation and Security Policy at DHS, explained that the Terrorist Watch List is a separate list from the No Fly List and is broader, larger.  She says it includes “suspected white supremacists.”  But, she also said, this list functions more as an alert system than a surveillance system.  If, for example, someone got arrested, law enforcement could run the name and the person would show up as on this Terrorist Watch List.  But, there is no ongoing surveillance on these people.  So, they could all decide to go to Washington at the same time and go and there would be no automatic alert because of this list.

Last night, Rachael Maddow was commenting on the absurdity of having people on this list, but not knowing that they were all converging on the same problematic location.  The only way law enforcement could know this is if these people were under constant surveillance and I’m not sure that’s what we want.

A number of people are already pointing out on Twitter and in articles that this siege of the Capitol may well end up working to the disadvantage of legitimate protest.  As always, it’s easy to argue for more surveillance of individuals when they are opposed to you politically.  But, these same surveillance measures can be turned quickly against legitimate protest.

I heard no discussion yesterday of the way in which a person might be put on this Terrorist Watch List.  Once on this list, are you ever taken off?  What surveillance measures can the government take after you are put on this list? These are questions we need to answer.

Newman, after explaining the list, went on to say that there was “no excuse for the lack of preparation” at the capitol.  She pointed out that that the Executive Branch, while reluctant to tell another branch of government what to do, has a “duty to warn” of dangerous situations.  They, for example, should have issued a “Joint Intelligence Bulletin.”  They did not.  “They knew that violence was planned” Newman continued.  “You always assume the worst, prepare for the worst…”

Petef Strzok expressed disappointment that we had not heard from Director Wray.  He wondered whether the FBI attempted to warn other agencies but was prevented from doing so.  Strzok didn’t say by whom. 

Anna Palmer noted that since the COVID outbreak, the Capitol had been like a “ghosttown.”  She noted the extensive security measures for even going into the Capitol as a reporter.  “It’s been months since people were even around” she noted.  These tours were highly unusual. 

Biden has named Jamaal Bowman head of the DNC.  It has not escaped notice that Bowman is against Medicare For All. 

And, lastly, in Georgia…

I had an interesting exchange with a friend on Facebook.  He commented that when the FBI asked all these low-level attackers who are being arrested if they had any coordination or contact with Congressmen or Trump, they would flip and implicate them.

I responded: True, if the FBI agents ask them.

Now, as usual, he took exception to this.  Most people, especially those who have worked around law enforcement accept a law enforcement ethos.  They resist any aspersions on the integrity of the force, even confronted with daily evidence to the contrary.

He responded in a curious way.  First he said that I shouldn’t paint all agents with a “broad brush.”  Seemed to me that he was painting them with a broad brush, just assuming that the FBI would be trying to turn offenders on higher ups.  Why this assumption is made, I don’t know. 

We have just witnessed years of the most curious behavior on the part of the FBI and the Justice Department in recent memory.  Why did James Comey make public the absurd reopening of the investigation of Hillary Clinton right before the 2016 election?  Why did he within the past few days argue publicly that Biden should pardon Trump?  What was going on in the New York City office of the FBI in 2016 that almost lead to a work stoppage?  These are just a few threads that need to be followed up here.  In addition, why was the Justice Department so easily compromised by Jeff Sessions and then Bill Barr?  Why was the Mueller investigation so limited as to make it meaningless?

I’m sorry, but I just don’t think we can assume that all those FBI agents out there are crusaders for justice especially when it comes to investigating people at the top of the food chain.  (See Jesse Eisinger’s “The Chickenshit Club.)

Then, my friend said that the last time he talked to me I was (overly) concerned “dismayed” with voter suppression in Georgia, and Georgia had become the beacon of election security.  Georgia, he said had become the “honest election state that is saving democracy. What truly happened?”

Now, I have no idea what this last paragraph has to do with FBI agents working overtime to get dirt on powerful Congressmen, but there you are.

I find the statement amazing.  I fully realize that the media, prone as they are to simplistic narratives, is trying to make heroes out of Raffensperger, Sterling and Kemp, but anybody who reads should know that Georgia is far from a beacon of hope.

Brian Kemp’s government spent a fortune on a fancy new voting machine system.  And they conducted a propaganda operation by replacing all the “I voted” material with “I secured my Vote.”  It was all a propaganda operation.  I did poll worker training in Georgia before the general and I left at lunch and didn’t go back.  It was obvious to me then that the new system was unwieldy and full of holes.  The measures taken to “secure the vote” were geared toward security threats in the 19th century.  Nobody could answer questions about hacking into the system. 

Even though the media has touted “paper ballots” as an indication of transparency, in Georgia, they are not really “paper ballots.”

The ballots are marked by a machine.  Then, the voter gets a sheet of paper which has his choices printed on it. The voter is supposed to check these choices to make sure they are right.  But, the scanners that count the votes do not even register the words printed on the ballot.  They count a bar code at the bottom of the ballot.  The voter cannot read the bar code.  The poll workers cannot read the bar code.  I don’t think anybody outside of the Voting Machine company can read the bar codes.  It’s protected by law.  What kind of state of affairs is that?

Before the general election, Brian Kemp’s government made a decision that any recount in Georgia would be done by simply feeding the same ballots (with the same bar codes) through the scanners again.

In short, Georgia spent a fortune on a voting system that is impenetrable.  They regularly send out “experts” who claim that the system cannot be hacked.  But, Jennifer Cohn, Jonathan Simon and the Coalition for Good Governance have repeatedly offered evidence that at best, we don’t know this.

In addition, Kemp is the king of voter suppression.  That’s how he won a race against Stacey Abrams for governor.  Raffensperger and Sterling were in the voter suppression game up to their eye balls.  Kemp, Raffensperger and Sterling are like the guys who are willing to drive the getaway car, but not willing to go into the liquor store with the gun.

Oh,

Just in case you hadn’t heard…Kyle Rittenhouse is out on bail and sitting in a bar drinking and yucking it up with the Proud Boys. Reality Winner has COVID and in still in jail.  I know she’s not receiving her mail because I have a box of returned letters.

Essential reading

Podcast of Preet Bharara

Bharara is a former U.S. Attorney.

In this episode, Bharara interviews Rachael Maddow about her book “Bagman.”

Notes:

Agnew was on the take in Maryland before he was chosen Vice President by Nixon.

Nixon liked Agnew partly because he talked aggressively about race in his speeches and public appearances.

Agnew was essentially getting a cut of every construction contract in Maryland. He wanted to try to establish that relationship with federal contracts.

George HW Bush tried to squelch the investigation into Agnew’s criminal behavior. These Bushes have a lot to answer for. They are a crime family just like the Trumps only better behaved in public and more circumscribed.

When Agnew started to be aware of the fact that he was being seriously investigated, he invented a story that he was the target of assassination plots. He talked publicly about buying a gun to protect himself against government agents.

Agnew engaged in “grievance politics.” He was always the victim being pursued by bad men. After he left office he established a career for himself as an “anti-Semite” for hire.