denniscomments

political and social commentary about the flat earthers and other ridiculous subjects

OUR GOVERNMENT IN ACTION

This is an excerpt from my Memoirs of a Drug Warrior, which I have been writing for several years.  Since no one is kicking down my doors to print the thing, I have decided to publish some experts.  I don’t know how this will work, but I believe much of the information and history I have experienced in the War on Drugs needs to be exposed and brought to light.  I hope to be around long enough to tie all this together into something cohesive.  But, until then, suffer or ignore.

The following is from newspapers about the Kerry Committee Hearings:

WASHINGTON — A pilot told a Senate hearing Wednesday that his firm contracted with the State Department to fly clothing to Nicaragua’s Contras in 1986 at the same time he was operating as an undercover drug smuggler for two federal agencies.

Michael Palmer, appearing under heavy guard, said that before he started working for the government in his extraordinary dual role, he had illegitimately smuggled $40 million worth of marijuana into the United States from South America over an eight-year period.

Yesterday, convicted marijuana smuggler Michael Paul Vogel told the Senate panel that in 1979 or 1980 he and a Cuban associate met with then-Panamanian leader, Brig. Gen. Omar Torrijos, and Noriega, then head of Panama’s military intelligence, to discuss smuggling drugs from an island off Panama to the United States.

Vogel said that during 14 years of drug trafficking, he made numerous payoffs to government and law enforcement officials in Colombia, Mexico, the United States and elsewhere.

But Vogel said the two Panamanian leaders were “extremely greedy,” and wanted $100,000 per trip, so Vogel and the Cuban rejected the deal.  (LA Times April 07, 1988)

For several years, after my audit, I had little income.  I survived, but barely.  I had to close down my office after all my equipment was seized.  The only thing after 87 weeks of tax audit and interviewing my clients did was alienate my clientele, wreck my business, cause clinical depression and assess a penalty of $7000, 80% of which consisted of penalties and interest.  I didn’t keep adequate enough records for the IRS regarding mileage.  Even though the dumbest simpleton could look at my calendar and see what cities I drove to for court, since I didn’t’ write beginning and ending odometer readings, the mileage wasn’t allowed I could appeal, but I had to pay the assessment before doing so.  Essentially, I was screwed.  I was shunned and avoided by colleagues with every nut case trying to get something on me for the reward.  I learned the hard way about the realities of law and lawyers, which was vastly different from the views I had until then.  The idea of a profession, promoting the greater good had died, replaced by billable hours, business building and profit.

However, during this time strange things kept happening.  I ran into strangers who told me interesting facts.  Reports would turn up mysteriously in my mailbox and I started to be inundated with information, some good and some false, forcing me to analyze and investigate.  I started to get referrals from strange sources, including law enforcement who were concerned with corruption and misdeeds.  I soon found myself head of a group consisting of criminals, citizens, police and others concerned with the integrity of police and government.  The main focus was on the Central Intelligence Agency and its various factions.  I was about to enter the looking glass, and unlike contemporaries, without the aid of LSD.

One such client was a young aviator from Detroit whom I will refer to as the Zoo-Keeper.  The reason for this moniker is that I met him at the zoo and he strip searched me in the restroom for a mike or recorder.  After that, we walked around the zoo, talking about his problems, situation and some solutions.

About that time, I was subject to collection actions by the IRS.  Anytime I would get out f the red, I would have funds seized by the Government.  During this time, I was served a subpoena to appear before a grand jury in Detroit.  It concerned the Zoo-Keeper.  I took the position that it was invalid because it was a privileged communication between attorney and client.  The Government disagreed.  I took the position that I did not practice in Michigan.  They said it didn’t matter.  Their claim was that under Michigan law, they could enquire about the nature of the employment and whether I was his lawyer.

They finally served me with a subpoena.  I didn’t show up.  An irate US Attorney called and threatened me with contempt for not showing up.  The following is a dramatization of the conversation with the US Attorney in Michigan.

“Mr. Blewitt.  Why didn’t you appear in Court yesterday?  Your ignoring the subpoena could have        serious consequences for you.”

“I know that.”

“Why weren’t you here?”

“I had no way of getting there.”

“We reimburse you when you arrive in Detroit.  Just put it on your credit card and give us the receipts and we will issue a check for your expenses and some per diem.”

“I don’t have a credit card.”

“Oh, we will send you the money.”

A week later, a check and subpoena arrived, delivered by a marshall.  I didn’t appear on that date and had another conversation with the US Attorney.

“Mr. Blewitt.  Why didn’t you appear this time?”

“I had no way to get to the airport.”

“Mr Blewitt, you are treading on thin ice here.  We will advance expenses next week for travel, food and lodging.  You had better show up.”

The check arrived the next week, along with another subpoena.  I deposited the check in my account which was the subject of a seizure action.  The Government, as I predicted, gobbled up the check and I missed another flight.

The prosecutor must have been pretty mad because, next thing I knew, a US Marshall arrived at my door to escort me to their office in Denver.  When I got to the holding cell, I was told to call the prosecutor in Detroit.

“What’s your excuse this time?  It better be good or you will have an escort from the Marshall’s office to Detroit, and it won’t be by commercial airline.”

I couldn’t go because you people seized the deposit of the check and I had no money.  I wish you would make up your minds.  First you give me a check and then you attack my account and take it away.  I think you are trying to deliberately drive me crazy or to suicide.”

I said the magic words.  I had just read a bulletin from the IRS for agents to closely watch for possible suicides, which woud be bad publicity.  Knowing this, I thought I would give them something to think about.

In any event, the Marshall talked to the prosecutor who then talked to me.  I then talked to the Marshall, etc., untill a resolution was provided.  I was to be provided cash for the ride to the airport, from the airport to Detroit, then a cab from the airport to the hotel, the hotel, from the hotel to the courthouse and then the return to Boulder.  Since I was arrested, I demanded that I have my attorney present with me in Detroit.  I also wheedled some expense money from them.  It was all in cash.  The marshall’s office booked the flight, which was first class due to the last minute reservations.  I got round trip for both my lawyer and myself.  Two days later, we were on the way to Detroit, which was to change my assumptions from Riha and Tannenbaum being the causes of my problems, to concluding that it was because of knowledge of Government drug sales that I was receiving all this publicity and harassment

TO BE CONTINUED

The unworkable ideas of business in the public sector

Dennis L. Blewitt, Esq., J. D.

Once I was proud to be a lawyer.  I was a member of an old and honorable profession that had many Blewitts on the roles as Bishop of Lincoln, Chancellor of England and Judiciar to Henry I.  The name appeared as a signatory of the Magna Carta, as Lord Mayor of London, Sheriff of London. and on the rolls of Lincolns Inn.  I was steeped in the tradition of ten centuries law tradition.  Unfortunately, the practice of law was nothing like what I assumed from family history.  I wasn’t surrounded by noble knights, scholars, clergy and others concerned with the welfare of the citizenry or their rights.  When I first started practicing, law was a calling.  I believed that my primary obligation was to help others, then help society and maintain the dignity of the law.  Money was secondary.  Over the years, I have witnessed a drastic change where most, not all lawyers, are motivated by greed, avarice and exercise of power, without social conscious.

Many who started with me were similarly motivated.  Most of us took our oaths seriously and were genuinely concerned with the welfare of our clients. We also believed that we had an obligation to make things better.  I met with prosecutors at least on a weekly basis concerning cases.  There was discussion and mediation between positions, with a true belief that all parties should be concerned with policy and justice.  Image was subordinate to perception.  Punishment was an end in itself, but just one of the possible outcome. Case processing may have been efficient, but justice was highly inefficient.  Like English barristers, prosecutors used to serve a stint in the DA’s office and venture into private practice, knowing that they couldn’t be arbitrary and dogmatic and be able to establish or maintain a practice after the left the prosecutor’s post.  The sides didn’t agree generally, but accommodations were made.  That was what lawyers were trained to do.  Prosecutors would then educate the officers or investigators, who would quite often complain, bitch and moan or otherwise display their ignorance or bigotry, but it did them very little good.  Justice didn’t take a back seat to image.

Things radically changed in the 70’s.  The politicians discovered that they could sell protection to the electorate by trading in fear, ignorance, and bigotry, fueled by a propaganda machine which would have been the envy of Goebbels.  Excuses concocted by the press and officials is a really drastic paradigm shift.  Justice is no longer equated with fairness.  Law was no longer about advocacy, but protection of superstitious beliefs, curtailment of popular power by the zealot fundamentalist paranoids.  In my book I addressed these issues in more detail, but my health and lack of funding make it somewhat unlikely that I will finish either of life opus’s.  So, I will try to break things down, not for lawyers, but for people.  I will try to explain the attack on the social contract by a collective of individuals who believe that each one is unique and doesn’t need a society or civilization to exists.  As Nietzsche postulated, “God is Dead.”  The new god is business and efficiency.  Society and Government must be restructured along business principles, all of which are incompatible with a Court System and separation of powers.  /Executives should rule and others in a political should be support staff for the executives.  Management by Objectives is the Prime directive.  Have an objective and let nothing stand in the way of accomplishing it.  Get with it or die!

With the push to promote privatization, government was slandered and an ignorant citizenry was taught that government was bad and efficient business principles could save us from harm (code for minorities) The Constitution became an impediment to the business interests and had to be destroyed.  Every major event involving publicity was used to destroy another part of the Constitution.  Complete disaster occurred with sentencing “reform.”  All the factors that defendants could argue to mitigate their situations were abolished.  Policy decisions were made by a herd of prosecutors under the age of 30’s based upon publicity value to policy.  Justice had to take a back seat.  Consequently, a ten ford increase in prisoners.  Fear was marketed to the people applying Madison Avenue public relations technique.  Although the criminals in the Nixon administration had law degrees, they were not practicing lawyers.  Many worked in the area of Public relations

The ignorance was also inculcated into legal education.  Many law trained crime warriors don’t see anything wrong with abolishing habeas corpus, renditions, torture, and committing war crimes in general.  A corrupt system employed lawyers that would write opinion letters condoning war crimes which allowed the administrations to do essentially anything that the executive branch desired, all without any repercussions.  A Nixon administration lawyer Ehrlichman recently confessed that the “Drug War” was contrived to harass leftists, blacks and anti-war activists.  In a state of perpetual war, we now operate under a system of Martial Law.  Like the ignorant masses of Germany after WWII, were taught that Germany was sold out and not allowed to win, many in the US complain that we were not allowed to win in Viet Nam.  We gradually became accustomed to a war mentality in which victory was the only objective.  The result is a police state with a public too shell shocked or fearful that there is no opposition.

So as our roads deteriorate, bridges crumble, rivers overflow, assets of the People confiscated from the People for privatization, and at war with the world, we blithely cheer our own destruction, rushing like lemmings to the sea, to be murdered by our self-created police state.  Roosevelt pegged it when he said, “we have nothing to fear but fear itself.”  Now with only fear left, we have nothing.

We are told that the only thing that matters is business and trade.  Bullshit.  We are told that social contract must be destroyed in the name of trade.  Bullshit.  We are told that there must be free trade like the old days.  Bullshit.  We are told that we must be efficient.  Bullshit.  We are told that Government should be run like a business.  Bullshit.  The asses that are espousing this Bullshit know absolutely nothing about history.  There never was free trade.  The Lords franchised mills, markets, shops, etc.  The Guilds organized to keep out non trained workers.  Leagues formed to control competition.  Even the most stupid peasant in medieval times knew that the function of his master’s castle was to protect him from others.  Governments were formed for protection and advancement of the citizenry, or at least the rulers, not corporate interests.

The people, dumbed down to intellect of Neanderthals believe the bullshit.  It is time to exit the caves and start thinking in terms of societies, not corporate police or fascist states.  Business principals don’t work when you have collective decision making.  Corporations don’t have courts to decide proper or improper conduct.  Free governments don’t have dictators to make everything run effectively.  It is time for Government of the People, by the People and for the People, and to put corporations in line.  If not, uncharter them or ban the corrupt officers and directors from holding positions which can harm society or people.  It is either that, or eventually cease to exist.

STACKING THE DECK

D.I Blewitt, j.d.
At the risk of totally boring my audience by beating the Green Tongue topic to death, I feel this insatiable urge to write further on the subject. Mainly, because I keep having these flashes and hallucinations which cannot be due to any chemical inhaled or ingested. Nor can it be due to anoxia, because, unlike some people, I am aware of where I have my head. I was told that by my clients that dropping acid would cause hallucinations and visions, both pleasant and unpleasant.. However, I have the feeling that the rest of the world is tripping, and not thinking, driven by addiction. The addiction is not to drugs, but to money. My latest experience demonstrates the convergence between the Green tongue phenomenon and law enforcement’s decade’s long addiction to drug money. It became clear on a Friday, when I drove to rural Colorado, for a hearing involving green tongue. It was a
long drive and gave me time for reflection. It also caused me to contemplate what has caused my apparent disconnect with the establishment and their thinking as well as contemplating my navel..
My client was charged with driving under the influence of marijuana. There seems to be a lot of that going around lately. It is strange that there was very little prosecutions in the days of psychedelic hippy vans and stoners driving around. He was arrested, searched, booked, told to pee in a bottle. Now he faces fines and imprisonment for a questionable criminal offense. The defendant, after passing a parked highway patrolman staking out a rural post office watching for seatbelt violations and looking for other revenue generating violations, was arrested for not wearing a seat belt. He was pulled over and ticketed for defective vehicle and not having his seat belt fastened, both twenty-five dollar fines. While stopped, he was also cited for driving under the influence of marijuana, taken to jail, forced to publicly pee in a bottle, have his old car impounded and wait until his mother could drive him home. All because the officer smelled a strong odor of raw marijuana and a faint odor of burnt marijuana coming from the car. Although the patrolman followed the defendant for the full mile during which the officer observed absolutely no erratic driving, he was convinced that the defendant drove his vehicle while under the influence of marijuana. How can he be so sure? Well, that’s easy. When he smelled the raw marijuana, he asked the driver if he had been smoking any. The driver said no. The patrolman told the driver to stick out his tongue. And, as the officer testified in court, the tongue was green, which meant, according to the classes he took from the state patrol, meant that the person had smoked marijuana (or medicated himself, using the new terminology) within the last two hours. The officer’s testimony was followed at the hearing by a drug recognition expert who, as an expert, arrogantly testified under oath that since the defendant’s tongue was green, he was driving under the influence of marijuana. Just to make sure, the district attorney presented the toxicology laboratory director from the Colorado Department of public health, laboratory services division. Although only a urine test was given to defendant, and it is commonly agreed by forensic chemists in civilized jurisdictions that urine tests measure nothing but the metabolite and not the active ingredient of marijuana, the state of Colorado expert testified that she could still state beyond a reasonable doubt and with scientific certainty that the defendant drove while under the influence of marijuana. Say what? Yes, because officers never lie, they had a drug recognition course, and because she reviewed the reports of the officer and the drug recognition expert who both wrote in their reports that the defendant had a “green tongue.”
She testified that she was a forensic chemist but admitted only having two chemistry courses, both at a lower division level. She also admitted that she was not a chemistry major at New Mexico State. She then said she was confused because she was a double major in chemistry and biology. When that didn’t sell, she said she had exaggerated at other hearings because her degree was in biochemistry. She also stated that she was an instructor of drug policy at the University of Colorado, which he admitted under cross-examination may have been exaggerated because she was a graduate student instructor, who dropped out of a Ph.D. program in pharmacy. (With 2 chemistry courses?) She was a director of a lab, not because of her great chemical or forensic ability, but because she had a masters of public administration.
Years ago a client of mine whose escapades were described by a Federal Court of Appeals Judge as a “foray by the defendant to fleece the lambs of the land,” counseled me to never get into a game where they’re using a stacked deck. Since he was a card mechanic, I knew that he knew to what he was referring and I have always tried to follow his sage advice. And, because he wised me up quite a bit in the ways of the world, I assumed that I would never see a stacked deck, or at least be in a game where one was used. I. I was wrong. Not only was the court hearings the functional equivalent of a deck stacked from top to bottom, but they were dealing from the bottom. All players were in on the rigging of the game except the defendant and me.
A sociologist at the University of Colorado tracked down the origin of the Green tongue, establishing that it was what lawyers refer to as “VooDoo science.” Needless to say, that the myth didn’t come from any people with field experience or first-hand experience with the subject matter. I suppose that is because stoners can’t write or hang out with uptight police type, and, as I have often observed, can’t put a coherent sentence together. The source identified was a training manual for drug recognition experts, developed and presented by the International Association of Chiefs of Police. Police can enroll in courses and become drug recognition experts, taught by police, with materials written by police, paid for by police and participation restricted to police. No one not affiliated with law enforcement can attend any of these classes and become a drug recognition expert. Therefore, there aren’t any outside controls or feedback on the curriculum. The University sociologist traced the rumor to a doctor Barry Logan, in an NHTSB publication known as “Drugs and Human Performance Fact Sheet.”
Logan is associated with Frederic Rieders Family Renaissance Foundation of
Pennsylvania. Logan immediately contacted to the real writer, a Chuck Hayes. He then wrote a self-serving warning that they should be very careful about stating that these are listed under “possible indicators.” They also amended the instructor manual to read, “Point out that there are no known studies that confirm Marijuana causing a green coating on the tongue.” I bet. The statement wasn’t taken out, it was just modified with a CYA statement to ward off future ass bites. It was done in such a way that a Drug Recognition Expert could still make the statement and qualify it if caught on cross examination, by stating that it was not based upon research but reported by many class attendees.
The reason this type of situation occurs is that the system is corrupt and based upon a false hallucinogenic premise that businesses good and government as bad. Business can be efficient because businesses have no courts to deal with and experience very little oversight. Business people and government officials feel stifled by a court and when the courts don’t agree with their plans, they claim that the courts are staffed by activist judges. It was these same activist judges that let the corporations such as Blackwater kill people, torture people, and steal. The corporations operated with impunity because there was no oversight by the courts. The same reasoning allows the confiscation of cars boat and houses that are used in the drug trade. Small jurisdictions are having difficulties maintaining all the court ordered programs for DUI, drugs, shoplifting, domestic violence, etc. These people believe that offenders should pay the costs of law enforcement. This dynamic is most obvious in the drunk driving laws, where the thresholds for the offense are lowered every time the legislature meets. As one former Department of Revenue director once stated, the system has pretty much contained the problem drinkers and generally have removed them from the streets. Now, we are starting to arrest and process middle-class people because we have run out of subjects. The former director was so indoctrinated by his employer that he failed to see that arresting and processing middle-class people is what is necessary to keep the programs running. Poor people can’t pay for all of the therapy treatment and programs. They cost the system money. In order for private enterprise to thrive in replacing government is to deal with people with money. The government has gone from a service model to a business model, with traffic courts as great profit centers. So, although it’s been established in many courts that the forensic chemist witness has exaggerated or even committed perjury, she was still allowed to testify resulting in conviction or jail. Right outside the door of the courtroom in which officials testified, was a poster that asked a
question, “can you afford $10,000?” If not the sign states, don’t get arrested for drunk driving.
Years ago the government did a sting operation called “operation swordfish.” Agents, posing as bankers, talked drug traffickers into giving them large amounts of cash for processing or, as the government likes to refer to as money laundering. My client was recorded on an audiotape counting out $1.3 million in cash to a government agent at a meeting in a local Hotel. The agent took the money out into the hall, and after walking 2 doors away took an elevator to the lobby. The agent walked through the lobby and out into the parking lot and turned the money over to another agent who was monitoring the transaction in the car. You could hear the agent counting on that tape, but when she got to $800,000 she stopped. On cross examination, when asked what happened to the $500,000, the agent replied that “counselor, your client was stoned and couldn’t count.” Now, I have known that many stoners in my career, but none of them could not count or account for a half million in cash, no matter how stoned. Just to make sure that the agent didn’t lie and lost the money between the room and the car, I filed a motion to dismantle the hotel elevator to assure myself that the half million dollars were not lost there. Of course, that motion was denied.
One would seem, in light of the recent election in which some Larimer County judges were not reelected to office because of overzealous prosecution, (in that case hiding favorable evidence and possibly committing perjury) that prosecutors would be more careful. However, they are not. Prosecutors are rarely sanctioned or prosecuted. If it weren’t for the fact that the two Larimer County judges cost the county at least $8 million they would probably still be sitting on the bench today. The fact of the matter is that the trial judge presiding at the trial allowed them to present groundless evidence and withhold evidence from the defense was not doing the job as an independent third branch of government. Prosecutors knew they could cut corners, because all prosecutors know that the Judiciary tends to be pro-prosecution, because of the fixation on efficiency and all the law and order cop shows on TV. All a person has to do is look at the questionnaires that are given lawyers and public about judges to see what the priority is. They ask about demeanor and how well the judge can handle his docket. Fairness is not mentioned. The Larimer judges were comfortable because the lawyers in Larimer County were afraid to cross the judges for fear of retaliation against clients when they appeared in front of them. The judges probably wouldn’t do anything to the lawyers, but they might be tempted to punish the lawyer’s client.
So it would appear that people appearing in the County Court, unlike Mr.
McMasters will continue to get framed and have to pay out thousands of dollars because their cases neither are highly publicized or blatantly egregious. As the chemist said in court, 90% of the drug recognition cases resulted in the experts recognizing the drug. Now, if there is a 90% chance that a defendant took the drug, the overall probability is the taking and impairing is 81%. If the probability of another element of the offense again is 90%, the total probability of guilt is 72%. That doesn’t look like very good odds to me, nor does it look like proof beyond reasonable doubt particularly if there were 2 more variables calculated at 90%. The chances of guilt then go down to 50%. The only way my poor client has a chance is because Law Enforcement Against Prohibition expressed an interest in participating in the case as well as a San Francisco group referred to as Safer Access Now. Even with those organizations entering as amicus, the defendant stands a pretty fair chance of conviction. Not because he is guilty, but because it is safe to think that the monster that has been created called the Justice system protects us. Someday, the people might get interested in what is happening to their fellow citizens without the occurrence of a false imprisonment for many years and having to pay several millions of dollars to the citizen. It is also possible that judges again try for fairness rather than placating the press. If a defense attorney did what the Prosecutor and Judge did in the green tongue case, he would be disbarred, but not prosecutors of police.
Why? Because of simulacra. The real world can’t live up to the fantasy one created by the media in which all prosecutors are saints, arrestees are always guilty, policy doesn’t have to be debated and officials obey their oaths of office. Until then, image will take precedence over justice.

RE-VISITING JUDICIAL CORRUPTION

GOVERNMENTAL DESTRUCTION OF JUSTICE,

Since legalization, there has been a marked increase in the prosecution of marijuana driving cases.  We investigated the origin of the “green tongue” described by “drug recognition experts” in order to establish probable cause or justification of prosecuting citizens for the imaginary offense of driving under the influence of marijuana.  Five decades of criminal defense practice spread out over one-half of the United States has given me a unique perspective on the criminal justice practices in the U.S.  I also received a classical education including music and Latin,  Both sides of my family had ancestors imprisoned in the Tower of London because of unpopular political statements and actions.  They were barristers trained in the Inns of Court in London and fled to the new world when they were released.  Lawyers date back to the 1100’s with some good and some bad.  However, since I lived in the country and was educated by grandfather and the school system I learned more about medieval history than most.

In the present day state of affairs, that matters not.  While Europe has evidence based policy, the United States policy is based upon propaganda and public relations.  The result is that the peasantry gets screwed.  Policy and votes are bought rather than earned.  Polls replace scientific research.  I believe the people can see this but are too ignorant or stupid to absorb or incorporate ideas into their bigotry.  The most frustrating is the senseless rise of incarceration in the United States and the destruction of the Constitution and the law as a consequent. This policy is primarily based on fear and ignorance.  Throw in a dab of bigotry and social Darwinism, and you have a pretty dismal state of affairs.

Various interests have been attacking our constitutional protections and tradition of our laws for the last 70 years.   We have created a system for corporate interests steal from the citizenry in order to hoodwink the citizenry, they convinced the population that taxes are too high, and all Government is too big. The citizenry doesn’t realize that the money isn’t going for government is going to the munitions in the by and large multinational corporations.  So the propaganda machine has convinced the citizenry that criminals should pay their own way for their crimes.   Consequently, we created a police state funded by extra-legal revenue streams such as traffic fines, confiscations, and another administrative gouging.

After several decades of this wholesale exploitation, and the franchising nonscientific counseling centers and other programs which squeeze more money out of the public, the rulers have decided to up the ante. So when the citizenry of the state of Colorado decided to legalize marijuana, the police state retaliated with a fear campaign about the dangers of marijuana and driving a motor vehicle. They even made up some science to justify this. Many people didn’t fall for this bullshit, but there were enough people to be scared into letting the police negate the Constitution. Colorado was accepted and stayed with the vision that the citizen could initiate legislation and that the citizens were supreme.  Visual didn’t care about the Constitution of Colorado, because they knew what was good for us,  and never got over the reefer madness propaganda of the previous decades, even though officials of the administration finally admitted that the whole drug scare was fabricated to keep citizens in line, with the purpose of pursuing an illegal war in Vietnam.

So several years ago Dr. Waterworth and I researched the training of drug recognition officers and the origin of green tongue. Dr. waterworks, in communication with Department of Transportation, got the publishers of the drug recognition curriculum to admit that the teaching wasn’t based on any science. The worst example of the corruption of the system was in the establishment of “green tongue” as a reading reason to justify the arrest and conviction of marijuana impairs drivers. The following is an article I wrote several years ago about this problem and, unfortunately, the problem exists today and might even get worse under current Atty. Gen. policies.  Therefore, I re-post the following.

THE PURPOSE OF GREEN
Post- Modern Reefer Madness

After days of sobriety combined with prednisone, I’ve finally solved the puzzle of the green tongue. It is a natural consequence of our addictive society. We usually think of addicts as green-eyed monsters, hiding from public eye, secretive in their ways, lying, cheating and stealing in a desperate attempt to get their next fix, while preying on our innocent children, stealing our property, leering at our wives, daughters and girlfriends, generally instilling fear in hearts of all. Creepy like the beginning of the radio show “Inner Sanctum” or mystical like “The Shadow”.
The problem with the popular perception or addiction is that the media only applies this definition to the “other.” But, as any idiot can see, there is another group that isn’t “the other” that fits this definition. They are universally feared and every bit as dangerous to our society as heroin addicts. It is this group that needs to be discussed, particularly in the context of the mythical self-regulating “free market” invented by the rulers to maintain their power. This group of addicts is addicted to money. Their addiction causes them to lie, cheat, steal, murder, and act in a generally lawless fashion in a mad power grab on behalf of our occupiers. These addicts have manipulated their way into our society and now act like a cancer on it, feeding and growing on our irrational fear and collective insecurities. The more fearful they can make us, the more they can extort to feed their ugly money habit. They have built up an extortionate infrastructure to aid in this shake down. It is not based on science or reason, it is based on fear, panic and an attempt to appear to be doing something about perceived problems to show control.
For instance, program reports in the news show that the DUI treatment programs set up in response to the MADD hysteria are in trouble. With designated drivers and more moderation, there are fewer arrests for drunk driving. The public is starting to question the rationale and basis for some of the arrests for drunk driving. The fraud on the public is ongoing and gets more brazen by the year. This started twenty years ago when police had videos in their stations, filming arrestees performing sobriety tests. The problem was that after the testimony of the officer, the jury saw the film. Inevitably, the videos showed the exaggeration by the police. Prosecutors learned that they could achieve more convictions without the films than with them.
With the advent of programs paid for by the arrestees and not the government, and with reporting and record keeping replacing any correctional counseling, turning ancillary court services such as probation into profit centers, the system needed paying bodies to keep it going and to support the false premises of privatization of crime and citizen control. Privatization is a failure and extremely anti-democratic. It brings out the predatory nature of business and destroys the traditional altruism of the civil servant. It shifts the cost of governing from the rich who need protecting to the poor, who can least afford it. Such is the Oligarchy.
So, what the hell am I talking about? What has all this to do with green tongue? To what green am I referring? Is it the money that turns tongues green. I need a few drinks to really think this through, but, since I am on meds that proscribe it, I will try. At least I hope so. I may be trying, but what the hell.
There have been many accounts of warnings to police that more bodies are needed to keep these programs running. There are programs for addiction, alcohol use, domestic violence, anger management, assertiveness training and other programs waiting to be fed. This wasn’t a problem when the government was running them. The government did not have to make a profit then. Now, not only does a government have to make a profit, it has to operate in a way to prove that privatization is efficient and good for the people and making the corporate masters both beneficiary and in control for our protection. (defined as the occupation force)
Alcohol related traffic enforcement has been a good source of income for the state and private entrepreneurs working in tandem. To keep the assembly line going, the legislatures co-operated by continually lowering the alcohol level necessary for conviction to keep the priva-teers in business. Bolstered by the advertising, groaner tales and public relations of MADD, programs have opened and expanded all over the country.
Additionally, science and math is deliberately falsified and erroneously presented to reinforce the problem and solution. The police PR department and MADD report “alcohol related” offenses. The question doesn’t inquire or require any facts because, just like Marc Anthony’s description of Caesar, the cop is an honorable man. He should be praised. He should be rewarded. He should be followed with unquestioning loyalty. If not, he will contract blue flu or some other loathsome disease that threatens the funding and the furtherance of the police state. What isn’t reported is the number of accidents CAUSED by drunk drivers. The reporters are very clever. They report data as “alcohol related.” Many traffic violations are alcohol related because the victim had a drink, not the driver. The lying bastards don’t even explain the term alcohol related driving. additionally, there is no records kept on the conditions of the roads, grades or physical condition of the drivers. Using this form of logic, one can say that all traffic fatalities are related to breathing.
In addition, there are the great crack-downs like the Heat is On to shuffle money to the predatory program owners, which rewards such cooking of the books. Obviously, the police and Court PR learned this from watching Wall Street manipulate the stock market. Additionally, the push against alcohol has closed one of the great community centers for the exchange of political opinion and information, the bar. A Wisconsin Criminologist did a 9 volume tome about the function of bars as a point of transmitting culture and of socialization. With the pressure in bars and taverns, more and more people are drinking at home in isolation from society, bonding with their TV sets and stagnating so-cially and intellectually.
Some don’t drink at home. They toke at home. However, this activity is generally a solo activity and not a part of social discourse. We know why this isolation leading policy has been encouraged by the government. It is to make certain that information is transmitted by television and that TV commentators and advertisers set agendas and transmit well-formulated ideas to serve the corporate masters.
However, it takes money as well as the power to fund a police state and to control a population. And the money is the necessary by-product of these programs. It is generated and the flow sustained by increasing the nature and substance of crime.
Additionally, the Court system is set up to shake down the citizen. Trials are the exception, not the norm, creating absolutely no feedback to the rulers. Citizens are forced to abandon and denounce rights guaranteed under any Constitution by creating a legal fiction that to be allowed to drive a car, one has to waive his rights under the Constitution which was intended to prohibit just that sort of thing by a State.
So, the problem is how to keep these programs going in light of an aging population and decline in drinking and socialization. Well, our masters have solved the problem. The solution is to charge drivers with driving under the influence of marijuana. This has not been serious problem or offense, but that doesn’t matter. The monster has to be fed. And no amount of science, statistics, justice or any other obstruction is going to stop the feeding frenzy.
Driving under the influence of drugs is the new scourge on our society, according to the chicken littles. The flock does not recall the days of the hippie van with the stoner driving down the street, impeding traffic. The press has cited some estimates by the government, but no hard data based upon valid research design. Instead, the problem is created, so that a magic bullet can be found to treat it and more money extracted from the peasantry. This writer does peer review for the International Journal of Drug Policy and recalls a recent review concerning drug policy in the European Community. The European Community has enacted a policy that social policy and law must be research based. The UK tried to increase penalties for marijuana possession after a change in administration. It couldn’t be done. There was no research on which to base the policy. In fact, research tends to prove the opposite. It is pointed out that legislatures in the United States are not bound by such restrictions. In the US, the authorities go to the press, print an anecdotal story and apply it as the common condition, appeal to jealousy, hysteria and fear, thereby greasing the legislative procedure for passage through the legislatures, executive branch and a Court endorsement. That is because no one in the system has the courage or possibly the intellect to challenge the process.
So, without any research or reason other than a request by the occupation to do so, legislation is being proposed to put a numerical value on tests for cannabis. With a magic number of THC in the blood, proof of a driver’s behavior isn’t necessary. The number product of the test becomes the guilt determinate and can’t be cross-examined or questioned. The council of Chief Judge, Public defender and District Attorney will meet and determine how to implement the policy and what reasonable dispositions will be. There will be no debate or test cases. There will be no research. Someone will come up with a rehab treatment for marijuana. The monster gets fed.
Ironically, the legislation is being proposed by a State Legislator from Boulder. One has to wonder if the legislator slept through her school days and afterlife in Boulder. Upon checking, it is easy to explain her position. She wasn’t in Boulder when hippies in psychedelic looking Volkswagen buses wandered around town. She was too young. She didn’t pay any attention to the Stoners driving because they didn’t constitute a problem. Suddenly, they are a problem. Why? Because the programs are in trouble. No one has noticed a problem. There is no data to rely on. There is just the need to control, the need for money and the need to project the illusion of someone doing something.
There is one small problem that has not been addressed, however. That is how to design a program to treat the marijuana problem and how to counter the research from the UK and Canada departments of transportation, as well as the experience of a great percentage of the public who know better. Also, how can the impairment be established without any discernable erratic driving? Well, the answer is simple. Stop the car and tell the driver that marijuana is smelled. When asked if he has as patient card the cop can then ask when the last time the person medicated. At that point, the driver is told to stick out his tongue and is told that it is green. Since the driver can’t see his tongue and the color is imaginary, the officer can confront the driver and he will confess. He will then fail “voluntary” roadside tests, to then be passed on to a drug recognition expert, trained by prosecutors to get convictions with unassailable testimony and conferred with voodoo science credentials. He then will be told he must submit to a bodily fluid test or immediately lose his driver’s license and “privileges.”
The test will show a certain content of drugs and a conviction becomes automatic without any relationship to driving ability or performance. Of course, there is no visual record of any of this. The defendant must rely on the absolute honesty and integrity of the arresting officer. They are honorable men. That is, of course until a program becomes threatened or if the electorate votes something into law that the police don’t agree with or approve of. The officer reads from a script about the stop and tests. Unlike science experiments, these tests can’t be redone by others. They can’t be replicated or even questioned in any objective fashion. Then comes the Drug Recognition Expert, who testifies that, as an expert, the driver was a menace to himself and society.
The interesting thing about this procedure is that the proposed test is for either THC or the inactive cannabinoid, THE-COOH, which can stay in the system for weeks. Urine tests, which are relatively cheap, only tests for the cannabinoid, and not the active ingredient will be the test of choice of greedy counties. Therefore, if anything shows up, there can be a prosecution.
The other good thing for the police and prosecutors about the numerical value is that the body’s tolerance level and other factors won’t be considered. Most pain management physicians, and in fact, most MDs and pharmacologists know about the adjustment factor with medications. That is why most FDA warning labels caution against operating machinery until the effects can be measured and use adjusted to the dosage. There are many instances, for instance, where addicts on methadone and oxy-contin operate vehicles and even precision machines without incident. But, that fact can be ignored as inconvenient. Also, metabolic rates can be ignored. There is a relatively simple calculation that can be made to calculate the last dosage of THC, which is commonly ignored. That would be disastrous. The sole purpose is to make money and justify the billions spent over the last few decades on the drug war. It isn’t about drugs, it is about a philosophy and belief structure. Marijuana is irrelevant. Cultural survival is at stake. We know what reality is. We experience what we believe and then we confirm with our minds. The true believers actually see green tongue. They actually see a drug threat. They actually see danger and feel compelled to kill for protection. There is no answer in light of the overwhelming prejudice and ignorance. The only answer is to recognize things as a structural matter and strive to change the structure. A good place to start would be to just vote no on all judges. Next, abolish all the oppressive legislation of the last five decades. Policy should be research based. And, it should be a felony to lie to a citizen like it is for a citizen to lie to a policeman or Federal agent. Then maybe there will be some benefit of law to the people and not the occupation force and rulers. If not forfeit their pensions.

 

 

IS THIS GOVERNMENT REAL, OR A POST-MODERN ILLUSION?

Who’s in charge? Bureaucratic war leaves us at the mercy of snake oil salesmen and spooks 3-30-17

According to Corporate Watch’s profile, Hill & Knowlton opened offices all around the world from the mid-1950s. Susan Trento, the author of The Power House, a biography of Hill and Knowlton’s Robert Keith Gray, writes that they opened many overseas offices on the advice of then-CIA director Allen W Dulles. Gray also used to brag about checking major decisions personally with CIA director William Casey, whom he considered a close personal friend. Hill and Knowlton’s overseas offices were the perfect cover for the ever-expanding CIA. Unlike other cover jobs, being a public relations specialist did not require technical training for CIA officers. This, in its description. But that is just the tip of the iceberg. I believe we are witnessing an all-out bureaucratic civil war between intelligence gathering factions.
While editing my memoirs, and reflecting upon this year’s bizarre election, a speculation occurred to me regarding the FBI’s interference with the election and the democratic process. Now I admit my theory is somewhat far-fetched, but there is ample evidence to support it. Several assumptions regarding her postmodern society need to be made as does an understanding of the works of modern-day social and political theorists.
My first assumption is that the elected leaders of this country are not the real policymakers or power in our government. They reign over a government which functions by itself and operates cultures that, over the decades and centuries, define the particular department, bureau, or agency. Of course, elected officials have us some influence but only to the degree, they are allowed by the culture of the institution or the leaders that make most of this of the decisions. What I am speculating here is that because of security clearances, a culture of fear and other reasons, no outsider could fully control a particular agency or department.
One of my first clients was a woman named Gayla Tannenbaum. She was referred to me by a friend who practiced law in Chicago. That experience was to define my career and life since that fateful day.
The saga of Mrs. Tannenbaum and another of my clients named Professor Riha was in the news for over a year. Much has been written about the Riha affair. The affair exposed myriad intelligence activities and agents at the University of Colorado, including a story that the CU president was an agent of some sort. There were stories about the infiltration of student groups by CIA operatives; there were stories about agent provocateurs; there were stories of death and destruction of student activist, and there were stories about massive conspiracies and gemstones.
Those of you that have known me over the last four decades realize how devastating this affair was, not only for me but for the nation. Briefly, the following events occurred. Thomas Riha, a University of Colorado Political Science disappeared after marrying the niece of the Czech STB, (equivalent to Russian KGB). Many incidents were reported in the local papers. Mrs. Tannenbaum, some sort of operative either for ONI or some other military intelligence unit was accused of causing Riha’s disappearance. Police and prosecutors in two jurisdictions got involved and Mrs. Tannenbaum was prosecuted for related offenses in Denver and Boulder. She was declared insane in Boulder District Court and sent to the state hospital in Pueblo, Colorado.
David Wise of the Washington Post wrote about this in his book, Politics of Lying, that this scuttled the Huston plan to combine all intelligence agencies and brought down the Nixon Government. Several Senate and Congressional committees investigated this including the Pike and Church committees. After publishing several reports on abuses of citizens by the U. S. intelligence agencies, Congress legislation saw to it that we would never find out as much as we did at that time about Government misconduct. Several other congressional investigations further chronicled governmental misconduct which was promptly ignored by the press or buried in the papers. We are facing a similar situation between the House and Senate intelligence committees, grid locking any investigations.
The result was that the FBI-CIA war was left behind in the news in favor of Super bowl, Dancing with the Stars, other TV shows and trivia that sells news and advertising. However, the battle raged with the FBI losing with the loss of J. Edgar Hoover and various revelations by congressional committees and investigative reporters who lived long enough to report, unlike Gary Webb and Danny Casolaro who died of mysterious suicides.
With the Trump candidacy, the FBI saw their chance. The campaign made an issue over Mrs. Clinton’s emails while Secretary of State. She had used a private server which may not have been secure. Driven on by cheerleaders crying “lock her up,” the FBI dreamt up a way to capitalize on the issue and sabotage the CIA. The CIA was probably blackmailed into not interfering with the Clintons since, according to Terry Reed’s Compromised, the CIA ran an Iran-Contra cocaine-weapons operation out of Mena Arkansas when Bill Clinton was Governor. Leaks and slanderous allegations against President Clinton didn’t’ seem to weaken the CIA’s position. Nor did various investigations. The “Octopus” or “Enterprise” was making too much money from operations and proprietaries to be shut down. Essentially, they were too big to control and too secret to govern. So, the FBI bided its time until recently.
Now, dear reader, I ask you to suspend preconceived perceptions, views, and prejudices and let your imaginations roam, just as Eco has you do in Foucault’s Pendulum and just look at events in historical context. Suspend judgment on conspiracy theory, speculation and the view of a benevolent government run by altruistic citizens, and ask the question of “Who Benefits?” There are no conspiracies. That is a fiction sold by the masters to conceal the fact that all the bad things we see are structural.
Many want to believe in conspiracies. This is what the rulers want because it keeps the citizenry from thinking and talking about “structure. “When I first identified participants in the practice of packing corpses of soldiers shipped from Viet Nam to the states, I thought in terms of conspiracy. Now, after four decades, I see the same behavior with different players. That must be structural.
How can such a thing be structural? Because we allow it to be so by our neglect and selfishness, encouraged to be ignorant and amused with games and trivia. We are distracted and encouraged to be ignorant. We need to wise up and pay attention.

IS MURDER OF THE CITIZENRY BY THE POLICE A RESULT OF COR PORATE TAKEOVER OF EDUCATION AND LOSS OF LOCAL CONTROL II?

As I reflect over my career, I have tried to make sense out of all the changes I’ve seen over 4 decades. I failed. Although, having drifted in and out of the academic arena over the years and having tried cases in multiple jurisdictions both state and federal, I’ve made some observations from which I can make some conclusions. In an earlier comment, I described the situation wherein a knife wielding student was murdered by police, who claimed they feared for their life or safety. This is a typical excuse of a police officer when he murders somebody. Of course, such an incident is generally reviewed by a prosecutor who inevidently concludes that the police officer was following his training and, therefore, did nothing wrong. I can’t help but wonder who the hell are training these killers. Police officers I’ve known for four decades take pride in the fact that they never drew their guns. When I first started practicing law the prison population was approximately 10% of what it is today. And at that time and there was an uneasiness and undertow of rebellion in United States with racial tension, antiwar protest, and unruly hippies rebelling against their parents and society.
I think that one of the many causal factors is that of linguistic programming or semiotics. I will begin by commenting on the concept of a criminal prosecution. Criminal prosecutions for centuries dealt with the relationship between a citizen and as sovereign or state. Individuals had nothing to do with the process, they could of course sue if they were injured. Most prosecutors, even in large cities like Chicago, had private practices and dealt with a wide experience of circumstances and people while prosecuting. The broader the experience of the prosecutor, the greater the range of discretion used in the process and the perception of their role as maintaining or promoting the best interest of society. Now, professional prosecutors whose sole purpose is to get convictions have replaced them. The modern prosecutor typically has no outside experience and is not taught to think in terms of societal interests, but in narrow terms of whether or not there was a violation of law which can yield a conviction. This has not been healthy. It is particularly harmful, since most prosecutions over the last four decades have been based upon enforcement of drug laws which were invented by a president and his staff to target groups, such as anti-war protesters, and other young people such as hippies thought of as political enemies.
For that to view of reality to succeed, there had to be a great propaganda effort by the government to change perception and get support for a policy not based on science or to wage a war not declared by Congress as the Constitution dictated, but designed to instill fear. With the Nixon administration, a new fear-based construction of reality was created, calculated to control citizens and make them docile.
By changing the construct of the word, our concept of justice was altered. When I started practicing law, anyone who stated that he defendant pleaded innocent was deemed to be an ignoramus. Anyone with a 9th grade civics class knew that a criminal trial was about whether or not the government had shown whether it had the right to interfere with the person’s life liberty or property. Innocence had nothing to do with the matter. I noticed over time that reporters and commentators, when reporting on an appearance in court by an accused, would report that the accused pleaded innocent. There is no such plea, nor was there ever such a plea. But after hearing term used by the press repeatedly, the expectation of the public changed. The public now expects that an accused should show that he’s innocent in some manner. If the accused didn’t explain, the perception was that he had escaped Justice, because Justice and punishment were now synonymous. Changing that one word caused ramifications that we are witnessing today. Since people who are been arrested have not shown innocence and typically plea bargain, the Public feels cheated or believes the system is corrupt. Otherwise whilst with the guilty sums of bitches walk?
Politically savvy district attorneys don’t bother correcting the press, because the misuse of the term helps them win cases and get votes. They don’t view their job as looking out for the best interest of society but, like the Inquisitors of foreign jurisdictions, extorting confessions or admissions to justify punishment. After a few decades of failed expectations, and no officials, or anyone else for that matter bothering to correct the perception, the public’s view of the court system is one of incompetence, corruption, or dysfunction.
This Perception been reinforced by the propaganda of the police, who belly-ache about arrestees being released on bond. I have been compelled to believe this is deliberate or intentional. Most police that I’ve met are intelligent and don’t display that type of ignorance. However, the party line of the police is “we worked hard to catch criminals and keep the streets safe, and the court lets them go after their arrest.” That leads the public to conclude that an arrest should be the end of it. And if a person is released, the public is un protected. Only an idiot could believe that this is actually what should occur. They’ve been trained that there is a presumption of innocence. They have been trained that defendants have a right to bond. They have been trained that a person isn’t a criminal until tried by a jury or judge or pleading guilty in front of a court. They ignore these inconvenient facts to propagandize and deliberately miss-state things, blaming the Constitution for endangering the public. So, everything after arrest is viewed as inefficient pandering of criminals or worse. Even worse, it leaves the public with the wrong conclusions and misperceptions about our justice system.
So, after a few decades of misperception, this information and conscious propaganda, we have now been sent well on the way to a police state. To placate the public’s perception of criminals escaping Justice, incarceration has increased tenfold over the last four decades. Even though some attempts have been made to change that statistic, no attempt has been made to rectify the underlying perception problem. So, like the Mafia, the government continues to sell protection to its citizens from problems or threats created by the government itself. They also ferment change and undermining of our common-law traditions and protections. We have become the enemy to the police who are now at war with us. Who benefits?
When I started practicing law there were no private prisons. There were no privatized pretrial services because the purpose of the bail was just a guarantee one’s appearance at court. There was still a presumption of innocence, so the courts couldn’t take jurisdiction until it improved guilt in some manner. However, fearful or ignorant judges, generally trained as prosecutors blithely proceed, ignoring ten centuries of precedent regarding bond making illegal conditions a condition of bond to support a new industry of privatized pretrial services. This serves as a double why me to the poor of our country, but then, as a “famous line from the movie “Magnificent Seven” stated “if God had not intended them to be sheared he wouldn’t have made them sheep,” referring to the peasants who got periodically raped, pillaged and plundered.
A police state can only exist when there are no constitutional restraints or the flagrant violation of such rights, backed by an ignorant public. Our Constitutional form of government and our social framework are being deliberately altered or destroyed. Fear is destroying our tradition of fairness and justice. Police, pandering to that fear, do the will of the elite against the people changing a police force system that should protect its citizens into an occupation army.

TIME MARCHES BACKWARD. WELCOME TO THE 19TH CENTURY FORWARD TO THE PAST

April, 2017  DL Blewitt, J.D.

The marijuana industry promoters have gone into shock since the change of administration. After all the years hoping, wishing, praying, and civil disobedience, a sizeable section of the population celebrated because they believed that the country had finally come to its senses. There was a convergence between the academic world and the “real” one. Over most of their adult lives, Viet Nam vets have lived with what they believed were insane drug laws. Having served their country and learned about weed in Asia, there was a sense of betrayal when they returned to persecution and prosecution. They knew that the drug war was bull shit, but many saw veteran benefits and other expectations dashed because of the drug war. The freedom that they thought for was turned into something else. It couldn’t be described, but it was definitely felt. They sat by and watched as their free world was privatized, inflation set in, the United States went into a state of perpetual war which they could not understand.
Prisons filled, prosecutions increased in the face of lowering crime rates. Drug laws wrecked citizens and polarized society. Inflation robbed them of their savings and education was limited unless an inordinate amount of debt was taken on. They returned from a war in which they thought they were fighting for freedom to an emerging police state. It took a few decades for them to realize that they were screwed. Middle class shrunk and wealth was being redistributed. No longer were trades sponsoring apprentice programs. The trade schools had been privatized. Pensions were robbed and union funds decimated. There were no more retirement plans, no longevity, no reward for loyalty. All this was done in light of evidence to the contrary.
However, there was one glimmer of hope. The thing that started all the repression and punishment binge. Civil service ranks were thinned as privatization took over, but then one day, a Nixon politician, released from jail and having several decades to reflect, told the people that the whole drug war was a scam to stop civil rights and pacifist movements. It had nothing to do with crime. It had to do with fear and political power. But it also stirred up turmoil and divisiveness in society. The divisiveness was lessoning and after four decades of debate, governments were taking a look at the repressive drug laws. Several states legalized and the sky didn’t fall. Those states thrived and there were no noticeable adverse effects. However, the celebration was premature.
The country hadn’t come to its senses. The same prejudice was there. Bigotry thrived. Reality became denied and folk wisdom and fantasy took over. People didn’t want facts, they wanted justification. We became divided. Reality became irrelevant. Beliefs were important, not ideas, logic, or facts. The public had been conditioned to associate marijuana with evil. Therefore, the reality didn’t matter. If someone believed it was bad, that person was not about to be confused with facts or reality. The world became one of them and us. The good and the bad. Bad had to be stopped, even if it were good. War was peace. We elected a person to be president, not based upon capability of position, but because he appealed to the confused, frustrated, angry masses, who didn’t care about facts or truth. He has appointed cronies to positions of power, chosen to please his constituency, not for capability.
All the appointments had a worldview thing in common. They were selfish, and believed they were good. They were judgmental and everyone who was not in agreement with them was bad. The world was evil, populated by unworthy ruffians. Control over the people was mandatory. And, since it was mandatory, it might as well be profitable. These people were the guardians of our society and deserved to be made rich. The selfish rich won and the masses were about to get screwed, with no institutions or people between them and the predators.
To maintain control, the predators need money to buy robo-police and public relations. The last thing they want is for the population to wise up. Their solution for that is privatization of schools. And after the society is bled of all its assets, there will have to be tight control. There is one way that police and intelligence agencies have always obtained funding. That is through the confiscation laws These funds are not regulated, but are the police’s private slush fund. With outside money, they can’t be controlled. And the best source of unaccounted money is through the confiscation of property through seizures in drug enforcement actions. Since marijuana is the only drug that has an odor, it is necessary to the shakedown of the citizenry. That is why the police state is going to fight tooth and nail against any legalization or decriminalization. Below is an article I wrote quite some time ago. It is still valid.
I wrote this a few years ago. It still applies.
Why Marijuana Won’t be Legalized.
It is essential to the Police shake down
It has been over four decades since I took my first graduate course in criminology. Not much has changed since then, except that findings accepted by social scientists have been denied by people in power who find the science inconvenient. The biggest change is the increase the in ignorance of the general population, followed by the corruption of the government. Only a village idiot could have studied the drug situation and still believed in the gateway drug theory as expounded by BNDD director, Henry J. Anslinger, propagandist extraordinary. He maintained that because most heroin addicts stated they smoked marijuana first, it was a gateway drug to addiction. He persisted in his fictitious version of reefer madness into the sixties, pushing his toxic bull shit to the newly formed Drug Enforcement Agency, who for political rather than logical or factual reasons bought it lock, stock and barrel. Restated, the public is conned into believing that heroin can be controlled by arresting pot offenders.
The theory goes something like this, and I recall from four decades ago. 95% of all heroin addicts stated that they tried marijuana before becoming addicted. Therefore, marijuana is the gateway drug to heroin addiction, which causes your daughters to enter prostitution to support their habit. One could also state that 100% of all heroin addicts breathed before taking heroin. Or, one could say that every biker gang member started out on bicycles. The logic is about the same. There is no assertion of causality, but it plays well to the PTA, Lions, Legionnaires, MADD and other cheerleaders for the lies and fear-mongering of the power structure to subjugate the people and keep them policed.
The gateway theory has been cited by “experts” who obviously failed logic but passed rhetoric and are intellectually challenged. Additionally, the demonization of the gateway product is in full force, blaming marijuana on auto accidents, pregnancies, sterility, stupidity and all other kinds of ailments. It has become a key ingredient in the Theocrats’ attack on science. Image and message trumps science. Superstition, prejudice and ignorance trumps science. Science is demonic, ungodly, heathen and bad for the country (at least the 1 per-centers). Over the decades, theory and study of crime causality has taken a back seat to punitive measures and mass incarceration. The country has become statistically challenged.
When I first studied criminology many decades ago, the concerns were organized crime, price fixing by the big electrical companies of hydroelectric generators, extortion, robbery, murder, predatory behavior of the con-artists and the like. I spent hours poring over the records of the McClellan and Kefauver committees. I studied causality of crime, not paranoid dreamt up scenarios from someone’s imagination. Greedy corporate executives had slightly higher status than garbage collectors and lawyers. There was a movement to stop predatory practices of the corporations and have truth in lending for consumers. The new Uniform Commercial Code was being adapted and there was change in the winds. The people were not fair game for the rich and powerful. The common person had some recourse and were protected by the law against exploitation. Black people had a trial before they were lynched and some even got to vote and lived to tell about it. There was a sense of community and cohesion. Taverns and bars were looked at as community centers where consensus and opinion were created, not dens of evil. The corporations answered this cohesion with well-funded diversions focusing union corruption and patriotism.
Then came the civil unrest of the Nixon years and things changed. The saying “give them an inch and they will take a mile” was the favorite saying of the radical whites in the country. Civil rights were here, but the blacks weren’t satisfied. They wanted more than rights. They wanted equality. When it didn’t come fast enough, the blacks got restless and rioted in some cities. Of course, the disoriented nervous whites got anxious and even scared. The Viet Nam war gearing up, which was not too popular. The rulers were fearful of a public they could not control or manipulate. TV showed Buddhists monks engaging in self-emoliation and Black Panthers brandishing assault rifles and bandoliers at the Reagan Capital in Sacramento. Reagan walked around with a load in his pants that day. Law and order became the mantra of the fearful and confused. This was code for “stop the blacks.” And both races knew it. So, after a spectacular convention in Chicago which decimated the Democrats, the Republicans elected Richard Nixon.
The marijuana war intensified rather than gearing down. The country became preoccupied with drugs, causing the US to have the highest incarceration rate in the world. Although crime rates listed by the FBI remained somewhat static, incarcerations increased. Law enforcement was becoming the “rogue elephant.” When Denver passed an ordinance making enforcement of Marijuana law the lowest of police priorities, marijuana arrests almost doubled the next year. This isn’t the result of a few rogue elephants, it is a stampede, the result of institutionalized behavior. The same phenomenon has been reported in New York. President Obama promised drug law reform, yet the justice department is loudly protesting and waging fear campaigns on the marijuana users. To the uninitiated, this seems confusing.
Why all the enforcement activity? Doesn’t the government realize how much money in taxes the marijuana industry generates? Why are they killing the goose laying the golden egg? The Denver Post’s John Ingold reported $2.2 million in sales tax for marijuana tax revenue in November, 2010. This was only for part of the year. The Attorney General of Colorado responded that “…the new revenue stream doesn’t change his opinion of dispensaries.” (said through a spokesman) The revenue stream from medicinal marijuana comes from fees charged dispensaries, care givers and patients and sales tax on the substance sold in dispensaries. The tax revenues go mainly to cities and the state to fund their projects. The fees go to the Department of Revenue. So, with that kind of revenue, “why are the cops whining”, ask the naive and innocent?
I ask in return, “Didn’t you see the videos of the Occupy Wall Street protests in New York, Las Angeles, Oakland and Berkeley? If not go look at them. Look at the police. Look at their equipment. They are all dressed in expensive riot gear.” That shit costs money. Compare this with the dress of the Chicago Police at the 1968 Democratic convention. The difference in equipment is due to the drug war. The money comes from the drug war budget, which is bloated by confiscations and forfeitures. With legalization, the cops are left out, and the gravy train grinds to a halt. Instead the proceeds are going to such things as roads, schools, health care, assistance to poor and disabled, and infra structure, things that used to be a priority before the advent of the police state. Additionally, the corruption J. Edgar Hoover referred to when he forbade FBI agents to engage in drug enforcement, would cease. Cops would afford fewer donuts, planes and condominiums.
For years, I believed that the police were ignorant dunderheads. They followed orders like good martinets and did not question things. They were true believers, not confused by facts or evidence. Concepts such as fairness, justice, due process and the Constitution were for bleeding hearts. They would not let ideology or justice interfere with their duty. These simple people believed they were just doing their jobs. They would blindly follow, because they were brainwashed. Then, I conquered my prejudice and ignorance. Cops actually were not stupid. Most detectives had attended college. How then, could they then ignore all the reports and recommendations of experts since the Eisenhower report in the ‘50’s? Some were unaware of existence of reports. Some didn’t care, because they believed in what they were doing. And, some were just sadistic bastards, drunk with power fueled by their bigotry and ignorance. And, some were in it for the money.
I started examining the curriculum of the courses offered police. I didn’t expect them to have the same education as I for many reasons. However, most colleges or universities teach the same facts, discuss the same research and theories. Then, a friend in the political science department provided me with some government publications regarding grants and research proposals. None of the grants dealt with causality. They dealt with mechanics of arrest, trial and confinement. Some dealt with procedures that streamlined the assembly line to incarcerate more persons efficiently. Management by objective ruled and political policies were geared toward punishment and revenge. Police action was calculated to make the public feel good or secure, not to be effective. Image was everything. There was always enough fear from the police to insure generous budgets. This worked like the mafia protection racket. Theoretical criminology was ignored. It was inconvenient and contradicted what the politicians wanted. The criminal justice area was almost void of any intellectual content. If the students aren’t taught anything, they can’t be expected to act intelligently. They also don’t rock the boat and agitate for change. Causality didn’t matter, only public perception of protection counted. Image was all.
There is also a more insidious side to the drug war policy. Several would be cops joined vice and narcotics to get rich. The opportunity for bribes and extra money is almost boundless. Additionally, oversight was sloppy or negligible. I was involved in several cases where the evidence confiscated from the defendants ended back into the market place, placed there by police or Government. Courts and prosecutors turned a blind eye to the evidence of corruption. If that weren’t enough, the police state became self-funding through fines and forfeitures, perpetuating corruption on a massive scale. Crime enforcement has become the new aphrodisiac for the perverts and bullies. Several abuse cases have been reported such as the broom handle rape in New York, the killing of arrestees, and other atrocities that may or may not have made the papers. Instead of constraints, sanctions and oversight, things are concealed or covered up. Judges, coming from the police establishment conspire with the officers and prosecutors to encourage perjury, sadism and other misconduct, imbued with a belief that the ends justify the means. They identify with the imaginary problems of the police in following the rules, which might result in a less than desired result. Judges don’t view their purpose as protecting the citizenry. They believe they should expedite convictions to help fill the jails, and reward their police constituency. The Constitution is no longer the law of the land, but an impediment to efficient enforcement of assembly line justice, where any judge can rationalize ignoring the citizens for the sake of exigency. Get the guilty has replaced the idea of protecting the innocent. We have a post-legal society.
Presently, close to 75 % of drug arrests are for marijuana1. It is an easily identifiable commodity with a distinct smell, look, and fan base. As long as the police and public buy in to the gateway fiction, the police can justify their budgets by claiming they are preventing heroin addiction by enforcing the draconian marijuana laws. They are protecting the public with the crusade against marijuana. Not so. They are perpetuating a bureaucracy. They are protecting their status and budgets.
Drug enforcement policy has nothing to do with protecting the public, preventing harm to the youth, and other bullshit reasons given for the drug war by the cynical enforcement cabal. Instead, it has everything to do with money. Look how the additional funding for police enforcement is utilized. It is used for surveillance and riot equipment and other means of repression, not to solve crime. Marijuana arrests justify the drug budget. Heroin and cocaine are hard to detect and therefore the case numbers won’t justify the budget. But as long as we have a fearful population and lying, corrupt police and officials, we will have marijuana prohibition to perpetuate the fiction of good policing. The officials know better. They aren’t stupid (no matter how hard they try to look that way). They want to control us in order to be able to exploit us. That is why they now are proposing domestic surveillance drones. Fear equates to greater budgets and more toys.
It is time for the citizenry to wake up and smell the weeds. They are in the police agencies and greedy politicians, fed by greedy corporate predators. They are perpetuating a fearful society. They are destroying the societal fabric with suspicion and jealousy and no end is in sight. They are relying on ignorance and lack of interest. They count on a docile population, just as a King of France and his wife Marie once did. It is time for the people to be heard. It is time for dialogue and discussion. It is time for action. You can’t fool all the people all the time! (Hopefully). We have to make officials and politicians know that we want safe roads, bridges, water, hospitals, sanitation and the rest of the infrastructure. Show them we value education over incarceration. We want to lead the world in freedom, not in repression and incarceration. We were a democratic republic, not a totalitarian police state. Show them we no longer tremble in fear of your imaginary bogey man. It is time they fear us–the people, not the press and public relations consultants. Start writing your council, legislature, commissioner, governor, congress, senate and president. Let them hear people rather than money. If they don’t listen, shun them. Embarrass them, berate them and expose their greed and ignorance to others. Stand up and be counted. Destroy a prison, build a bridge. Be courageous. Be free.
1 Of those charged with marijuana violations, approximately 88 percent (758,593 Americans) were charged with possession only. The remaining 99,815 individuals were charged with “sale/manufacture,” a category that includes virtually all cultivation offenses. Crime in America: FBI Uniform Crime Reports 2008 (Washington, DC: US Dept. of Justice, 2008),
Incarceration in the United States is one of the main forms of punishment and/or rehabilitation for the commission of felony and other offenses. The United States has the highest documented incarceration rate in the world. At year-end 2009 it was 743 adults incarcerated per 100,000 population
According to the U.S. Bureau of Justice Statistics (BJS) 2,266,800 adults were incarcerated in U.S. federal and state prisons, and county jails at year-end 2010 — about 7% of adults in the U.S. resident population. [5] Additionally, 4,933,667 adults at year-end 2009 were on probation or on parole. [4] In total, 7,225,800 adults were under correctional supervision (probation, parole, jail, or prison) in 2009 — about 3.1% of adults in the U.S. resident population.

PRIVATIZATION PLAGUE: 4/20, THE BIG LIE, EDUCATION, AND INDOCTRINATION

There has been a Coupe d”etat. People are afraid, angry, controlled by irrational fear and ignorance as libertarianism becomes the new God.

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WE HAVE BEEN INVADED BY ALIENS.

   CONDUCT OF THE Government is foreign, fear reigns.  Dlblewitt, J.D. April, 2017

I watched incredulously as the scene unfolds since the Presidential election.  I have studied politics, I have advised politicians, I have even run for office.  I tried to explain my observations in terms of post-modern social theory, and reread Foucault, Eco and the others.  Under the guise of post modernism, the real situation is starting to be seen, and it isn’t pleasant.

It is exactly like depicted in “The Invasion of the Body Snatchers,” a 1958 sci-fi movie about alien pods hatching in to humans, replacing the real humans, only without emotion and feelings.  A local doctor notices the strangeness in his patients and uncovers the danger.  The film ends with the doctor leaving town, passed by trucks containing pods.  The infiltration was so smooth, it wasn’t noticed by the population, and upon replacement, it didn’t matter.

I will refer to the current invaders as the “Pus**snatchers,” in honor of the President, who made the term acceptable to middle-class, middle-aged women who made fools out of themselves, adoring a crude, crass, monster after feigning outrage at a Black man in the White House succeeding at governance.

It wasn’t obvious until recently that we were invaded.  The aliens, walked among us, talked and interacted with us, and showed no discernable differences, except that they had no emotions or empathy for humans, who just assumed that they were just snobbish rich assholes.  But they can no longer hide their identities nor their intention of taking over the world to pillage and plunder.

They were exposed by speaking a foreign language, disguised as English.  However, their words became twisted and miscommunicated.  Rather than truth and observation, there were “alternate facts.”   Lies were blatant and not even retracted.  It didn’t matter because, the aliens were connected to the master pod.  Non-pods were irrelevant.  The media was attacked as an enemy of the people (non-aliens).  They ignored rules of protocol.  They filled posts with unemotional robots from the pods, seeded in the country.  They thought that the people would not notice their disdain for humans or humanity.  Since the aliens were all interconnected, they could not function if a plan were foiled.  The replacement humans always followed and all were in agreement.  The master pod controlled because he was the master pod, not because he was capable of doing so.

When the aliens came out, they attacked the humans mercilessly, deriding their institutions, sowing distrust and envy.  They applied shock doctrine, but did so to such an extreme that it was counterproductive.  THEY ARE HERE!  THEY ARE AMONG US!  THERE IS DANGER!  HELP!

WHAT’S CHANGED:

ABOLISHING LAW THROUGH FALSE HISTORYOUGH FALSE HISTORY   Dennis L. Blewitt, J.D.

First there was the Sachsenspeigel, the source of Saxon common law. It was an amalgamation of customs, decrees village consensus and other sources, none of which were written. It codified law in Eastern Europe and Eastern England, pretty much centered around the tribe or territory. Not even an invasion by Normans could supplant it. Then came the Normans, with their version of law, more in line with Roman Church law. It was pretty well established when William invaded in the 11th Century. The Normans tried to change the law, but instead of doing so, had one of their kings held at sword-point to sign a document limiting power of the King. Although the King repudiated it, it survived and is the basis of many of the rights enjoyed today in English speaking countries. So, the two systems became amalgamated.
Conflict occurred between the people and the sovereign ever since. Although there was conflict and even wars, law was pretty well established by the 14th century. Essential to the development were certain undeniable principles, sometime referred to as Natural Law. Common law dealt with concepts, applied to the people, based upon general consensus. Norman law dealt with specifics, declared by the State through decree or legislation. The concepts such as prohibition against search, seizure, denying due process, and sanctuary of the Church and the home. The concepts of due process and sanctuary survived for nine centuries in a revered place in our history and law. However, after the assassination of a President and the pursuit of an unpopular war, fear seized the population, spurred on by our leaders. With the election of assassination of Kennedy, the way was paved to wrest power from the people and give it to the powerful. Searches and seizures became more common place to combat the scourge of marijuana, in use by returning soldiers and anti-war protesters. The idea of a home as a sanctuary was abolished. The king’s men were never allowed to enter a house, even on of a murderer. They had to await his exit.
Then came the attack on due process. The police state obtained an advantage and due process seemed to be anything that the executive branch of the government feels comfortable with. With this mythology of law, a false history was developed. All the changes were brought about by one gigantic protection racked, called Government. Fear was marketed to the point that the citizenry became paralyzed and irrational. Checks and balances in our constitution were abolished as inconvenience. Justice was replaced with expediency. The Courts were viewed as inconvenient in the administration of the modern corporate state. Instead, substance was eclipsed by procedure. With the help of PR firms and politicians without honor, we became the world’s leader in incarceration. We are behind other Western nations in almost everything good, and are competing with Islamists for the record number of executions. Greed is venerated. Charity considered passé.
The fear machine made it easy. Also, the rulers, stealing from us and lowering our standard of living made it easy for them to convince us that Government was bad. Taxes were bad. Decent housing and medical care are “socialistic,” and business is better at almost everything. Profit became the new deity. One of the cleverest ways of wresting control was to convince us that private corporation should rule everything. Soon, Government became an enterprise, financed by various self-funding schemes, wresting control over expenditures from legislators and delivering it into the greedy unscrupulous tycoons and robber barons.
Three decades ago, congress investigated the intelligence agency abuses. After hearings and printing a lengthy report, the rulers set about making sure that the citizenry couldn’t find out as much did ever again. The abuses couldn’t have occurred if the agencies didn’t have a source of income outside the legislatures. Whistle blowers became targets and were prosecuted. Laws clamped down on citizen participation and dissent. Disclosure laws made it possible for the elite to measure the strength of the opposition. Media no longer was viewed as a community asset held in trust for the people. Equal time was essentially abolished for politicians and costs to run for office increased astronomically. The day of the rail-splitting candidate was history.
One thing was clear from the Pike and Church committees. The rogue activities, illegal in most civilized states were funded by privatized businesses, called proprietaries, such as Air America, which flew most of the drugs for the CIA. Like lemmings, we blindly run to the sea of privatization to drown. I often ask “Where’s the outrage?” Now I ask “Where’s the brains?”
So we allow privateers to stop cars, confiscate cash and other valuables to hire more liars jerks to harass the citizens on the highways. There is no way a police agency should obtain one cent without appropriation by a legislative body, no matter how publicized the situation. We are the Government, not the officials and employees of the state. The ass-holes get away with this because we let them. A recent review of the news according to the Washington Post reveals that the police are literally getting away with murder. Nearly a thousand times this year, an American police officer has shot and killed a civilian This is not equal or fair. It is the power elite’s version of ethnic cleansing. The Government bombed its citizens experimentally at Bikini and other sites, infected blacks with syphilis in the name of science, caused suicides administering LSD, developed the drug trade in the US to keep the citizens in line, euthanized, sterilized and executed almost at will. People can be denied a livelihood by investigation. Some unprincipled Bureaucrats, like J. Edgar Hoover, even tried to get Martin Luther King to commit suicide. I ask, “How long is this going to be allowed?” Why do we even speak to these people or their associates? Why are they respected and not ridiculed? Is the population so stupid, or just lazy?

THE DEMISE OF REAL HEROS

IGNORANT WANNABES EXCITE THE IGNORANT AND PROMOTE THE COWARDS.

D.L. BLEWITT, J.D., Dec., 2016

In two weeks, it would have been my brother’s birthday.  We were born 11 months apart and both independent with strong beliefs and values based on a long line of family tradition. We had divergent political views, but respected those of others, each fighting for them in different ways.  We both had a reverence of the Constitution and honored the Posse Commutatis principals.      I lately published a piece of the two Distinguished Flying Crosses he was awarded.  He was a hero.  Not a coward.  He saved lives, not take them claiming he was in fear of being hurt.  He remained a target while calling in positions under fire.  He didn’t brag.  He just did his job.  He, like many of my generation were conflicted with the divergent views during the time of the Viet Nam war.  He was a soldier, I was not.  He was a hero, I was not.  But we both stood up for what we believed in.  And we both defended each other’s right to believe.

Once a superior officer informed him that because of some of my activities, his career advancement might be jeopardized.  His answer, “I thought freedom of speech was what I am fighting for.”  We disagreed on the Viet Nam war policy, but not on our basic rights to believe and express those beliefs.  I saw him stand by the bullet holes in his helicopter after he was attacked.  He utilized all his training.  He had desert, ocean, arctic, and jungle survival schools.  He trained with special anti-terrorist forces in Italy, Germany, Spain and England.  He was in Egypt during the Blue Light exercise, resulting in a coup, and trained Navy pilots for the Iranian rescue mission.

His mission was to save lives, even at risk to his own.  He rescued downed pilots flying the largest helicopter made.  After Viet Nam, he was with special forces anti- terrorist squads and trained all over the world.  In the process, he earned two distinguished flying cross awards.  He was a hero.  He didn’t shirk.  He didn’t wait for orders to perform a rescue.

When he retired, he gave speeches to various groups about the military training of police.  He was dead set against it.  He told me that he had been to over 80 countries in the world.  He observed that in every one of these countries   where military performed law enforcement, there was a dictatorship.

“I’m trained to kill, not make arrests.  It would be bad policy to put someone like me in any form of law enforcement.  I see officials clamoring to sell military weapons to police departments and train them in the philosophy of School for the Americas, which we operate to train South American military how to deal with the peasantry.  Police in this country get to play with military equipment like children play with toys.”  Police are trained to view citizens as possible enemies, not people served.

I remember a discussion we had after the tragic shooting at Columbine High School.  He was shocked that law enforcement officers waited outside until the premises were thought to be safe before entering.  He was outraged.  “Even an unarmed conscientious objector medic would have rushed in immediately to help save lives and not wait until it was safe.  My brother’s peers were trained that the lives of others were to be thought of first.  Their mission was to save lives, not to be safe.  He branded them as cowards.  Every time he went up in his helicopter, he feared for his life or safety.  Yet he went.  He did his job even while under attack.

I’ve thought of that a lot in the past few years.  In 40 years of law practice and many friends in law enforcement, I have never met an officer that shot at or killed a suspect.  They were proud of this.  My brother flew rescue helicopters in war zones to rescue downed pilots.  His ship was not armed and he did several missions under fire.  There is a photo on the internet showing him standing in front of a 50mm hole in his helicopter.  His mission came first.  Saving lives came first.  He was a real hero, not a wannabe like the new generation of law enforcement.  He went from B52 bombers to rescue helicopters because he thought saving lives was more important than taking them.  No cowardly drone piloting for him.  I can’t imagine what he would say today about the homicidal behavior of our police.  I do know that he would have been on a crusade to prevent the militarization of our police.  Real warriors don’t wait to be safe, they act to save lives.  Cowards take lives to save their own.

LAW BEFORE NIXON:FROM MARCH TO MARTIAL LAW

WHAT IS PLUTO-WHAT IS CRIME? IS THERE DIFFERENCE?(BEFORE NIXON, part 2

Dennis L. Blewitt, J.D., Nov. 2016

During the past four decades, I have studied the origins and development of law from Roman times until the present. Additionally, I have studied criminology, both at the undergraduate and graduate level. I edited a nationally recognized law school news journal. I was on a committee that drafted and graded the criminal law question on the bar exam. I have chronicled the changes in law and society for five decades and am as confused and fearful, as the citizenry. I like to think that my fear, though is rational, but perhaps not.
I noticed a change in the view and interpretation of law during the Viet Nam era and have been watching that change since then. My concentration was on crime and the Constitution, formed by centuries of precedent and logical development. At least, I thought so. But, now I don’t know. I truly believe that there is no longer such thing as precedent or law. There is an arbitrary exercise of power by a small group who could care less about the nature of law but are jealously guarding their power with unprecedented arrogance, selfishness, ignorance and self-righteousness.
Unlike the beliefs of the Druids, who believed spirits caused various events and had to be exorcised, Anglos, Saxons, Jutes, Danes and Normans all brought nuances to criminal law, which morphed into English Common law. Events were no longer thought to be caused by demons or spirits which had to be dealt with, criminal law was not concerned with an act but with the actor. Essentially, the person was good or bad. Deeds weren’t the basis of punishment. The idea of accidents and acts of God were recognized. To be a crime, there must be the presence of an evil soul or actor. The actor had to intend to do harm. Mere carelessness, thoughtlessness did not matter. The soul was to be judged, not the deed for there to be a criminal. This was determined in many ways, but intent was the determinant. The criminal had to be capable of consciously intending to do harm. Pagan beliefs were discarded along with pagan rituals. Intent and capacity were what was important. Everything else didn’t matter. The concept of insanity developed. The nature of the person’s sole or intent was determined by various means.
Trial by combat determined which combatant had God on his side. Later, oathe-sayers were utilized. Then came juries. Always, the purpose was to determine whether or not the accused was worthy of punishment. Was he evil? That is because law, as we know had its origins in the ecclesiastic training. Lawyers were priests who studied law later. In England, where most of our law came from, Law was formulated and transmitted through buildings clustered around the Temple Church, the headquarters of the Knights Templar, where even today barristers learn in Inner and Middle Temple Inns of Court. Law was a developmental process, not a body of knowledge. Most of the law dealt with property and revenue and injuries to people known as torts. A very small percentage dealt with matters that pissed off the king or queen known as crimes. Crimes had nothing to do with individuals; it was entirely between the sovereign and the subject. If individuals were wronged or harmed, their remedy was to file a lawsuit. Of course, there was a time when filing a lawsuit was much cheaper than today. That was also in a time where most court business dealt with crimes that caused injuries to people and not that dealt with contraband.
The essence of crime was the determination of whether or not the accused was a good guy or a bad guy. The act defined the crime and the intent defined the criminal. To commit a crime, the actor had to have a specific intent. There had to be both an act and an intent, without which would not be a crime. No intent, no crime. This was later modified with the introduction of the misdemeanor. Crimes were considered felonious if intended to cause a specific result. If intent were lacking, but there was some sort of bad guy element, it was a misdemeanor, generally subject to a fine, stocks or short-term in the goal. In other words, crimes were classified as bad in themselves, (Malum in Se), or bad because someone in power said so, (Malum Prohibitum). To keep the sovereign from abusing power, a contractual relationship evolved, based upon “Magna Carta.” In the U.S., because we, the people are the sovereign, crimes are acts that affect the society, which is also the sovereign. Later, as bureaucracies developed, and some activities were in need of regulation, but not of great concern to the sovereign, regulatory infractions came into existence. But, as bureaucracies grew, so did infractions. Efficiency was promoted and administrative tribunals became common. This was accelerated by bureaucratic empire building into the behemoth existing today.
Enter the politicians, Nixon, Ehrlichman, Mitchel, et al. They discovered that fear won elections and drugs scared parents. Long hair scared the shit out of parents, who had struggled to give their children what the parents didn’t have during the depression. Many draft and war protesters smoked marijuana and the long hair pissed off parents who tried to live the American dream after WWII. The Administration dreamt up ways to gain control over crime, which had been a local matter until then. Through propaganda, TV, and other devises, the drug war was launched. The obsession with crime began. Fear reigned supreme.
Before Nixon, it was accepted that the Government, wasn’t supposed to make people safe. That was a local matter. Local police were solving crimes. The Government, I was taught in law school, had no police power. Nixon changed that.
It was obvious to officials that great power existed with ability to interpret and enforce laws. Power could be enhanced with fear. National interest groups were formed to consolidate this power and wield it based on fear. There was the DA’s association, the AG association, FBI and other agency associations. None of these organizations advanced the view that the Constitution was the supreme law of the land. They portrayed the Constitution as an obsolete anachronism standing in the way of effective policing. These protectors of the citizenry morphed into a big protection racket which would become the envy of any Mafia group in the world.
Police started to view their function as the final arbiter on crime. They, although untrained and essentially ignorant of social, economic or psychological factors in crime, believed that the sole purpose of policing was to apprehend a suspect and keep him locked up. They began to lobby against the centuries long tradition of release of accused on bond, and complained to the press that they worked their asses off to apprehend criminals to only have them let loose on society. Although they took oaths to protect the Constitution, they dreamt up ways to circumvent that oath. They also resented the rules that prohibited torture and beating the shit out of suspects to get confessions. The concept restraint on searches and seizures were viewed as impediments. They spread that ignorance, and government lawyers, following their career aggrandizement, joined in, although they knew better. Jobs and advancement were more important than right and wrong.
As politicians discovered how powerful fear and the crime issue were, more legislation was promoted to shift power to the administrative branch, particularly prosecutors. Victim programs were invented and directed by prosecutors. Prosecutors lost sight of their traditional role of assessing what was beneficial to society and myopically viewed their constituency as alleged victims and the police establishment. Them versus us was the result. Lawyers, trained to analyze and solve problem were now trained to administer. The system morphed from common law to something else, resembling a Napoleonic code.
Prosecutors, many of whom had been part time and had small private practices in addition to prosecuting cases, became full time specialists, losing contact with the rank and file public. Efficiency flourished, wisdom extinguished. The class war had begun. Judges were rated on efficiency, not fairness. Emphasis was not on balancing interests, but upon punishing and incarceration. Prison populations increased by a multiplier of ten in 4 decades to almost 3,000,000. 65% of Black America was incarcerated, on bail or under court supervision. instead of educating the people, unscrupulous prosecutors took public stances on law and order making Nixon look like a progressive. The concocted drug war changed the face of law and abolished the concept of justice as we knew it. Justice was no longer just, it was punitive. As John Ehrlichman finally admitted,
“You want to know what this was really all about?” Ehrlichman bluntly asked Baum of the war on drugs. “The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and black people. You understand what I’m saying? We knew we couldn’t make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders, raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did.”
In short order, rules of evidence were changed to allow more flimsy presentations, the element of criminal intent was changed to general intent for most felonies, blurring the distinction between felonies and misdemeanors, the line between civil wrongs and crimes became indistinguishable. Victim groups, known to personal injury lawyers as “groaners” became empowered to set policy. Professional prosecutors became more focused upon pandering to the police and victims than concerning themselves with the society in general. Various programs were funded through legislation, controlled by prosecutors. And finally, confiscation and seizure laws made the police establishment independent of the legislative branch of government.
When I mention this change to young lawyers, most express the opinion that I am crazy. The rest of the industrialized world has abandoned the old concept of justice and replaced it with retribution and vengeance. The Arab world and other fascists regimes share this view of justice. Fear replaced compassion and understanding. Punishment is the new order of things.
Additionally, the judiciary, spawned from privilege and the rulers, distrusting the great unwashed peasantry, has steadfastly crusaded to abolish jury trials, or at least limit them. Juries, contrary to common law, are told that they can only judge facts and not circumstances and decide what is just. Therefore, there is no input from the people on laws. If an accused did an act, he was guilty, no matter the intention, reason, or fairness of the law. An important check or balance has been eliminated, in favor of expediency and sound business principles. After all, juries are inefficient and the juries aren’t trained to make decisions. They just reflect the views of the citizenry which is viewed as ignorant and crude. Since intent is irrelevant, so are juries. If there is an injury, there must be a punishment, regardless of any intent. Courts have become almost automated case processors, turning out decisions like factories turn out machines. The process is a system, but unlike systems designed to place people in space, or to launch a telescope, the court system has no feedback loops. Emphasis is on conning the public into believing that there is justice and administrators are omniscient, when they in fact are ignorant. Fairness takes a back seat to process and numbers. People are frustrated but know not why.
So, prodded by business concepts such as management by objectives, streamlining procedures, and eliminating any feedback loops, we have created a dictator’s dream, and, like the populace, at the time of Caesar, must believe and count on the fact that “Brutus is an honorable man,” and will not take advantage of the power given by a gullible public. Like the early Romans, we are entertained by gladiator events and distracted from the harm the rulers are doing. As long as we are fearful, and we resent taxes, we can be looted by business, stealing through privatization of government, be poisoned by air and water, and have our bridges collapse on us, spawning an ignorant population at each other’s throats rather than existing in a society.

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