Friday, March 30, 2007

Cops Break Up $500 Million Dollar Illegal Gambling Mob in N.J.!

March 30, 2007 at 11:24 A.M., I cannot access my msn group to post this essay. I will keep trying to do so.

Richard G. Jones, "Authorities Break Up Illegal Gambling Operations in New York and New Jersey," in The New York Times, March 29, 2007, at p. B5.

"NEWARK, March 28 -- The authorities in New York and New Jersey said on Wednesday that they had broken up two separate illegal [Internet] gambling operations, arresting more than 60 people, including two former New York City police officers."

"The New Jersey operation brought in revenues of more than $500 MILLION over the last 18 months, officials said, and the New York outfit generated more than $30 million in the last 10 months."

"... 'This is not a storefront operation, this is not a mom-and-pop operation,' said Louis A. Valentin, the Monmouth County Prosecutor, who, in conjunction with the New Jersey State Police, anounced the arrests of 47 people and warrants for a dozen others.' ..."

This kind of money buys a lot of politicians in New Jersey, where it takes courage and great care in the persons "selected" to participate in such an investigative operation -- so that leaks will not warn the bad guys -- to bring to completion a multi-year operation aimed, indirectly, at the caudillo that controls public institutions in the Garden State.

I have a feeling that another big surprise is coming for the Jersey Boys.

I would not be surprised if a few New Jersey judges will be found to have participated in the occasional placing of bets, even in sharing the spoils yielded by this criminal enterprise, although whether such people will be prosecuted is never certain in the Garden State.

More prosecutors like Mr. Valentin are needed. He is honest and tough on crooks, but fair. Other good prosecutors may be found in Hudson and Essex Counties, throughout New Jersey, though I will not name them so as not to cause them difficulties by association with me.

I fear that Mr. Valentin may find himself assigned to a traffic squad in a Municipal Court next to the highway, if he is too successful. The way to rise to prominence in prosecutorial circles in New Jersey is by means of "politics."

David Kocieniewski, "Medical School in New Jersey Selects Leader," The New York Times, March 29, 2007, at p. B6.

"Dr. William F. Owen Jr., Chancellor of the University of Tennessee Health Service Center, was approved as the new president of New Jersey's financially troubled state medical school."

"Dr. Owen, 51, a kidney specialist who earned his bachelor's degree from Brown University and his medical degree from Tufts University has published more than 200 scholarly articles ... "

"Trustees of New Jersey's state medical school, the University of Medicine and Dentistry in Newark, voted yesterday to approve Dr. Owen's appointment."

"The university has been under supervision by a federal monitor for more than a year, ever since investigators uncovered widespread financial irregularities, including no-bid contracts, kickbacks and Medicaid fraud."

The total amounts stolen at UMDNJ may never be known, but it is estimated to total hundreds of millions of dollars or more. $400 MILLION estimated. The people who got rich from that stolen money, with political protection, from the same goons obstructing my communication efforts (probably), are exactly the political whores (of both genders) who anounce "get tough" policies to deal with the crime problem.

Send the dictionary definition of the word "hypocrisy" to New Jersey's Supreme Court and Legislature, "anonymously" -- the way they like to do things. They like to strike when one's back is turned or when victims are otherwise involuntarily incapacitated "for their own good."

Serge F. Kovaleski, "Trenton: More Pressure on Corzine," in The New York Times, March 29, 2007, at p. B4.

"Two public interest lawyers said yesterday that they planned to ask the united States attorneys for New jersey and Washington to open a criminal investigation into whether Governor Jon S. Corzine falsified disclosure statements he filed when he was a United States senator [sic.] by not including a $470,000 loan to his companion. The lawyers, Carl J. Mayer and Bruce Afran, said they intended to ask the prosecutors to determine if Mr. Corzine ... violated the False Statements Accountability Act of 1996 [lying?] by not listing the loan to Carla Katz, a prominent state labor leader, in his Senate disclosure reports over three years. Last October, Mr. Corzine, facing scrutiny from the Senate Ethics Committee, [payback for Corzine's anti-corruption efforts?] amended those documents to reflect the loan, which he eventually forgave. Ms. Katz, president of Local 1034 of the Communications Workers of America, and Mr. Corzine 'dated' from 2002 to 2004."

There are several theories that efforts to "get" Corzine are an attempt to grab power by New Jersey's political-criminal mob that considers Corzine "unreliable" because he refuses to accept bribes, unlike many of his predecessors. Reliable criminality is preferred by the Jersey Boys in "their" elected officials. Menendez, as usual, is alleged to playing on both sides of the fence. "On the one hand; but on the other hand." Mr. Corzine was hoping to "date" the voters of New Jersey now that he's single. Sadly, things look a little lonely for Jon this Saturday night.

"Them Jersey guys, I dunno ... Wadda-ya-gonna do, badda-bing, badda-boom!"

Labels: ,

Thursday, March 29, 2007

Three More Subpoenas Tied to Special Grants in New Jersey!

I continue to experience daily harassment and obstruction efforts in writing and posting essays at this blog or my msn site. These incidents take place with the full awareness of the authorities in New Jersey, who also must know that it is a federal crime to violate civil rights -- including rights to free and full expression. Why is such conduct permitted to go unpunished? Isn't it "unethical"?

Richard G. Jones, "In New Jersey, 3 More Subpoenas Tied to Special Grants," in The New York Times, March 28, 2007, at p. B2.


"TRENTON, March 27 -- Stepping up their investigation of possible corruption in the New Jersey State House, federal authorities have issued subpoenas to three lawmakers demanding that they explain their ties to organizations that have received $3.4 MILLION in special grants."

"The subpoenas, which were issued Monday, were sent to two Democratic senators, Joseph Coniglio and Nicholas P. Scutari, and a Democratic assemblyman Brian P. Stack."

"The three lawmakers confirmed that they had received the subpoenas and were cooperating with the authorities, but declined to comment on the investigation."

"... The United States attorney, Christopher J. Christie, has been investigating a longstanding practice in which lawmakers include special grants -- known as Christmas tree items -- for pet projects as the legislature prepares to vote on the state's annual operating budget."

"... Mr. Christie's investigation focuses on whether the lawmakers, their friends or families received improper benefits from organizations that received special grants."

"Mr. Scutari's wife, Karolina, works for a nonprofit agency in Elizabeth, Community Access Unlimited, which received about $75,000 in special grants in the past two years. Mr. Stack's wife, Katia, is the head of a child care center, Union City Day Care, that received about $200,000 in special grants in recent years. And Mr. Coniglio had a $60,000-a-year consulting contract with Hackensack University Medical Center, [did he bother to show up?] which has received about $1.6 MILLION in grants in recent years."

Whatever transactions took place behind the scenes, we may never know. No wonder I am prevented from posting this essay at my msn group, at this time. I'll keep trying throughout the day.

"... In an unrelated matter, the Star Ledger [sic.] also reported that Mr. Christie was looking into political donations received by Assemblyman Joseph Cryan, a Democrat from Union County, who is also chairman of the State Democratic Committee."

All of this slimy, money-grubbing politicking and theft (none of these people are African-Americans or "street kids," by the way) adds to the so-called "culture of corruption" and greed in New Jersey, which accounts for so much of the criminality and truly "unethical" conduct in state politics -- much of it at the behest of public officials and other hypocrites, like Superior Court judges. These are the politicians insisting that we get tough on crime, who are often in favor of the death penalty. My question is: "Whose crimes do you want to get tough on?"

Everybody wants to lock up inner city kids, but rarely to jail the politicians in New Jersey who do far worse and are much greater hypocrites. No wonder they are trying to destroy these essays.

When Supreme Court "justices" (irony intended), in a state facing financial crisis, can be so cavalier and insensitive as to whine about how little they are paid ($141,000), while gobbling down dinners at public expense, accepting expensive portraits and tributes -- not to mention the occasional corsage suitable for wearing to the prom -- also at the public's expense, little can be expected from others. This attitude thrives among powerful blowhards as cancer rates soar, thanks to unenforced pollution regulations, while disappearing public funds destroy schools. Furthermore, New Jersey teachers, cops and firefighters are grossly UNDERPAID.

Mob government has produced a situation of disgusting criminality and disparity in government institutions that are ill-served by mediocrities -- like New Jersey's current Supreme Court justices -- or obvious incompetents, like the staff at the Office of Attorney Ethics (OAE). Many legislators are attorneys, whose shenanigans (mysteriously) go unpunished by OAE investigators, who are either paid-off or merely brain dead. Maybe it's a little of both.

New Jersey's Attorney General, the "invisible" Stuart Rabner's response to these events is to "demur."

Call the feds if you can help in any way to put a stop to this filthy corruption. It's your money they're stealing.

Labels: ,

Wednesday, March 28, 2007

Another New Jersey Corruption Sweep!

I am unable to post this essay at this time at my msn group, due to hackers and other obstructions. The first posted version of this essay at "Critique" was altered. I cannot print items today. March 28, 2007 at 11:49 A.M.

I will try again to post this essay, both at "Critique" and at my blogs. These obstructions are content-based censorship efforts in violation of fundamental First Amendment rights and federal criminal laws prohibiting obstruction and violation of civil rights. I believe that such actions emanate from the corridors of power in New Jersey.

Richard G. Jones, "14 City Employees in Paterson Are Charged in Corruption Sweep," in The New York Times, March 27, 2007, at p. B1.

"NEWARK, March 26 -- one bribe was made in exchange for dismissing the complaints of a distressed tenant against a landlord. A second was to ensure a timely lead paint inspection. Another was submitted for the most basic of needs: to keep water services from being shut off."

"Those were among the allegations made by federal prosecutors on Monday as they charged 14 people in a wide-ranging public corruption scheme involving Paterson city workers, including employees of its Housing Authority, and manipulation of the federal section 8 program providing rent subsidies for the poor."

"The charges, a result of a 14-month investigation by the United States attorney for New Jersey, outlined an extensive street-level operation in which officials solicited and accepted bribes for a range of favors -- from steering tenants to landlords to expediting the city's occupancy permit process."

"According to a criminal complaint in the case, Benny Ramos, a former deputy director of the city's section 8 program admitted to investigators that he had accepted as much as $100,000 in bribes during the past 10 years."

"For the United States attorney's office in New Jersey, whose investigations have led to the arrest of more than 100 officials" -- closer to 200! -- "for public corruption in the past five years, the Paterson case represents a different kind of prosecution."

"Its targets were not public figures with household names, like John A. Lynch, the former president of the New Jersey Senate, or James W. Treffinger, the former Essex County executive, both of whom were convicted of corruption. [An on-going federal grand jury investigation into the activities of Senator Robert "Bob" Menendez has yet to be resolved.] And the largest [single] figure cited in the complaint was just under $7,000."

The total number and sum of bribes involved in all matters were not listed. My estimate is that, even in poor neighborhoods, bribes for public officials, including judges, in New Jersey amount to hundreds of thousands of dollars. Public "service" in the Garden State is "nice work if you can get it."

"But Christopher J. Christie, the United States attorney, said that his 'office was not swayed by the size of the catch' and that the case represented 'a pervasive culture of corruption throughout the state where even low-level players often expect something extra for performing routine duties.' ... "

Mr. Christie was quoted at a press conference saying:

"... 'I don't come here today to tell all of you that we have broken a high level major public official case,' Mr. Christie said ... 'But this is the kind of public official case that really affects the daily lives of people in New Jersey.' "

"He said that those charged were 'people who every day are shaking down folks in order to get the routine functions of government done -- things that should be done every day without much incident.' "

"When we have sat up here and talked about the culture of corruption in New Jersey, we're not just talking about people like John Lynch and Jim Treffinger,' Mr. Christie said. 'We're talking about people like Benny Ramos. We're talking about people in the lowest levels of government who exist in a governmental culture that gives them the sense that this kind of conduct is permissible.' ..."

That culture of corruption is probably more pervasive in Hudson and other urban counties than Paterson. Statewide, DMV and other state-affiliated and governmental agencies (possibly including the A.G. and the notoriously corrupt OAE), are typically as loathsome, or more so, as these city agencies in Paterson. Some of the moneys collected in this manner must "flow up" -- leaving a slimy residue among judges and legal officials -- who are part of the "organization" that runs so much of the state behind the scenes. Ethics? In New Jersey? Nah ...

Many New Jersey officials are on the take; many more are subject to influence by "made men" of the Democrat political organization that calls the shots behind the scenes in a setting that reeks of twenties-style Chicago gangsterdom. To hear the same people whining about African-American "criminals" in the inner cities, who are like Bible-wielding mormons compared the Jersey political mob, is sickening.

Jersey's political whores -- some of whom are running courtrooms -- steal billions, are involved in child porn, corruption and bribery, wielding political and legal power behind the scenes in a system where secrecy renders everything a "signal" or sign for something else. No wonder they are obstructing my writings. They prefer the darkness, like vampires and IRS agents. Overlapping categories? Perhaps.

Some of this must be traced to the "incompetence" and continuing "dereliction of duty" of New Jersey's former and current Supreme Court "justices" -- who are usually out on the town on your tab, when not posing for portraits on horseback:

"Hey, you got the widgets? 2, 000 widgets and ya get da permit. Wadda-ya-gonna-do? ... That's life in Jersey. He-he-he."

This is the sort of thing one hears from public officials in New Jersey, some in judicial robes.

Labels: ,

Tuesday, March 27, 2007

U.S. Courts Must Not Condone Torture.

September 14, 2011 at 1:25 P.M. "Errors" were reinserted overnight. Spacing will continue to be affected by structural damage to this site caused by New Jersey's hackers. I will do my best to repair the harm done to this work.
September 13, 2011 at 1:19 P.M. Several of the "errors" that had been previously corrected in this text were restored to the work. I have made the necessary corrections once again. An "advertisement" obstructs my ability to access my profile page. I will continue to struggle.
November 30, 2010 at 9:58 A.M. Previously corrected "errors" were reinserted in this text in order to maximize the harm caused by deliberate frustrations so as to induce despair or depression. I will continue to make necessary corrections. ("What is it like to be tortured?" and "What is it like to be censored in America?" then "What is it like to be plagiarized?")

April 7, 2010 at 12:30 P.M. "Errors" inserted and corrected, again.
January 22, 2010 at 12:02 P.M. "Errors" inserted in this essay, again, were corrected.
December 17, 2009 at 10:29 A.M. "Errors" inserted in this essay and, probably, several others. I will do my best to make all necessary corrections as quickly as possible.
November 5, 2009 at 10:24 A.M. Many harassments this morning. Telephone call from Pennsylvania, at 10:11 A.M. 610-915-5214. I do not believe that I know anyone in Pennsylvania. ("Freedom for Mumia Abu-Jamal.")
Sabrina Tavernise & Pir Zubair Shah, "Bomber Strikes Pakistan Rally: Police Officer Seen as Target," in The New York Times, April 20, 2010, at p. A8. (Officials affiliated with the American war effort and government targeted by bombers, possibly with foreign intelligence assistance.)
Mathew Alexander, "Torture's Loopholes," (Op-Ed) in The New York Times, January 21, 2010, at p. A39.
"Guantanamo Must Be Closed," (Editorial) in The New York Times, December 18, 2009, at p. A42.
Helene Cooper & David Johnson, "Plan to Send Detainees To U.S. Faces Political Fight," in The New York Times, December 16, 2009, at p. A27. (Obama closing Guantanamo, as promised. This is a "profile in courage" for Obama.)
David Rose, Guantanamo: The War on Human Rights (New York & London: The New Press, 2004). http://www.thenewpress.com/
Rachel Donadio, "Italy Convicts 23 Americans, Most Working for C.I.A., of Abducting Muslim Cleric," in The New York Times, November 5, 2009, at p. A15. ("Terry Tuchin, Diana Lisa Riccioli, and New Jersey's Agency of Torture.")
Raymond Bonner, "Detainee Says He Was Abused While in U.S. Custody," in The New York Times, March 20, 2007, at p. A10. ("What is it like to be tortured?")
"Khalid El-Masri," http://en.wikipedia.org/wiki/Khalid_El-Masri 3/23/2007.
Mumia Abu-Jamal, Live From Death Row (New York: Harper-Collins, 1995).
Armando Valladares, Against All Hope (New York: Alfred A. Knopf, 1986).
Seymour Hersh, "The Secrets of Abu Ghraib," in The New Yorker, June 25, 2007, at p. 58.
Stephen F. Eisenman, The Abu Ghraib Effect (London: Great Reaktion, 2007).
Mark Danner, ed., The Abu Ghraib Effect: The Politics of Torture (Berkeley: Nation Books, 2004), entirety.
Seth Mydans, "Legal Strategy Fails to Hide Pride a Khmer Torturer Took in His Job," in The New York Times, June 21, 2009, at p. 12.
John Schwartz, "Judge Allows a Civil Law Suit Over Claims of Torture," in The New York Times, June 17, 2009, at p. A24.
(AP) "Six Guantanamo Detainees Are Freed," in The New York Times, June 2, 2009, at p. A18.
S.G. Stalberg, "Cheney Backs Detentions Without Trial if Needed," in The New York Times, May 22, 2009, at p. 1. (What happened to due process of law?)
Ellen Barry, "For Obama Visit, Russia Mutes A TV Pastime: Ranting at U.S.," [sic.] in The New York Times, July 6, 2009, at p. 1. (U.S. is described in European press as "parasite that owes the world $53 TRILLION." This is why you should wish President Barack Obama to succeed, regardless of your politics, because you want a decent future for your children. Yes, the spelling error is in the Times.)
Clayton Whitt, "Nothing Sacred: What We Talk About When We Talk About Torture," in The Humanist, July-August, 2009, at p. 10. http://www.americanhumanist.org/
This essay continues to be the subject of attacks by hackers, sharing in the spirit of the torturers in Abu Ghraib and Guantanamo, proving much of what I am saying. I will continue to struggle to correct the same "errors" inserted into my texts on many occasions. Horrifyingly, it appears that American intelligence agencies may be acting secretly, according to many social critics, upon the lives of dissidents and radicals within the nation's borders, possibly including increased "extra legal" monitoring of Internet communications.
April 12, 2007 at 2:12 P.M. I am experiencing great difficulties in using my computer, struggling against new attacks. I cannot regain access (at this time) to my msn account. This is a threat to all American journalists or writers as well as menacing Internet freedom, which is something for which America claims to stand. American media silence in response to the tortures and suppressions to which an American dissident is subjected is a sickening and frightening display of corporate control of the means of communication in the U.S. All attempts to print items from my msn account leave me with a blank page bearing this address:
http://ad.doubleclick.net/adi/N2998.MSN/B2491482.9;sz=728x90;ord=34816780?
April 20, 2010 at 3:04 P.M. Harassments, censorship, alterations of writings, blocking of images, together with various other methods continue to be used against me and these writings. I can never be sure that I will be able to write from one day to the next. I will struggle to do so. If more than 24 hours pass without some alteration of my blogs and acknowledgement that I am still writing, then you may assume that I am prevented from writing against my will.
Part of the psychological torture techniques you are witnessing is my constant anxiety and uncertainty about my written work or threats to my continuing ability to communicate. I cannot see my books on-line. I cannot know whether they still exist. I do not know the true number of readers of my writings. I am told that there is increased international media attention to this situation. U.S. media remains silent and docile about these matters. ("What is it like to be plagiarized?" and "'Brideshead Revisited': A Movie Review.")

I.
"LONDON, March 19 -- David Hicks, the first detainee to be formally charged under the new military tribunal rules at Guantanamo Bay, has alleged in a court document that during more than five years in American custody he was beaten several times during interrogations and witnessed the abuse of other prisoners." ("Is Senator Bob 'For' Human Rights?")
"In an affidavit supporting his request for British citizenship, Mr. Hicks contends that before he arrived at Guantanamo, his American captors threw him and other detainees on the ground, walked on them, stripped him naked, shaved all his body hair and inserted a plastic object in his rectum." ("Morality Tale" and "What is Law?")
"The abuse, Mr. Hicks asserts, began during interrogations in Afghanistan, where he was captured in late 2001. It then continued while he was shuttled between American naval ships, aircraft, unknown buildings and Kandahar before he was taken to the military detention center at Guantanamo Bay, Cuba, in early 2002, according to the affidavit."
"Mr. Hicks did not claim that he was tortured at Guantanamo, he said he was given regular, mysterious injections that 'would make my head feel strange.' He also said he witnessed or heard about mistreatment of others there."
I think I can help Mr. Hicks to figure out those mysterious injections. They were probably a muscle relaxer or sedative that made hypnosis easier. The sessions to which he was probably then subjected, together with any other torture sessions conducted under hypnosis, may not be part of his conscious memories now or ever. Such things are routine in the darkest corners of the nation, like New Jersey. Public officials will then lie about these occurrences or ignore them completely. Hypnosis, against the wishes or without the knowing and unimpaired consent of a victim, is a criminal assault upon that victim. There is no such thing as "secret" consent to such atrocities that is or can be legally valid. ("Terry Tuchin, Diana Lisa Riccioli, and New Jersey's Agency of Torture" and "What is it like to be tortured?")
These tactics are used not only beyond U.S. borders, as I say, but also within American jurisdictions by "legal" authorities -- "disavowing" any knowledge of such tortures if they become public. Guilt or innocence of victims is irrelevant since many will not be charged with any offenses (because they haven't committed any). It is usually too time-consuming to bother framing them for something. The use of such tortures is the best way of generating criminality or, at the very least, pathological behavior by victims. The intent on the part of psychologists is to bring about such pathology so they can "study" the results. Destruction of a victim's life is incidental to such efforts, mere "collateral damage." American physicians assist in destroying the lives and health of victims selected politically and secretly. ("New Jersey Finally Bans Hypnosis in Interrogations" and "Is This America?" then "America's Unethical Medical Torturers" and "Is America's Legal Ethics a Lie?")
Framing a victim is a tactic reserved for someone who is annoying enough to the power-structure to make elaborate false accusations against that person worthwhile -- creating distractions and providing "ass-covering" opportunities for the authorities -- in order to avoid or ignore effective criticisms of the system. None of these realities were covered in law school or tested on the bar examination. ("Freedom for Mumia Abu-Jamal" and "Psychological Torture in the American Legal System.")
American judges are aware of these crimes and understand that such methods of interrogation are unconstitutional and criminal under existing U.S. law. They will pretend not to know what has been done or is still being done, every day, to human beings in prisons, jails, even in their own homes. Judges continue to fail to enforce and protect human and Constitutional rights of persons victimized in this manner -- including U.S. citizens, who are (not surprisingly) usually minority group members and poor, or otherwise politically powerless. Such people have increasingly become unwilling guiny pigs in America's experiments with psychological torture techniques and "mind control." See Alfred W. McCoy, A Question of Torture: CIA Interrogation From the Cold War to the War on Terror (New York: Henry Holt & Co., 2006), pp. 20-60. (This essay continues to be defaced by hackers and subjected to cyberattacks.) Please see also: "Jaynee LaVecchia and Conduct Unbecoming to the Judiciary in New Jersey."
The cowardice and incompetence of American judges at this crucial hour, when civil liberties are endangered -- along with the growing threat to the Constitution -- is shameful. Some of these judges are members of racial and ethnic groups with reason to be mindful of the horrors to which abuse of power has led this nation in the past. (See "Is New Jersey Chief Justice Deborah T. Poritz unethical or only incompetent?" and "Even in New Jersey There Comes a Time When Silence is Betrayal.")
Complicity by American lawyers in rationalizing torture and other atrocities in exchange for career advancement is true unethical conduct by attorneys, often by attorneys entrusted with judging the conduct of others. ("Stuart Rabner and Conduct Unbecoming to the Judiciary in New Jersey" and "Jaynee LaVecchia and Conduct Unbecoming to the Judiciary in New Jersey.")
Nydia Hernandez? Lourdes Santiago? What were you promised and by whom were promises made in exchange for your secret "cooperation" against me? Were you aware that such cooperation violated rules of ethics and, possibly, criminal statutes? Would the OAE participate in criminal conspiracies against a secretly targeted attorney violating their own rules or in a secret cover-up of such OAE criminality? ("New Jersey's 'Ethical' Legal System.")
The response from American courts to government agents or politically powerful criminals urinating on the Constitution is silence and apathy. The response from most of the educated public and political establishment in the U.S. is indifference. The response from the rest of the world is horror, loss of respect for American institutions and the persons filling positions of power in this country, together with disdain for America's alleged commitment to its own Constitution and rule of law. This undermines U.S. credibility on all human rights issues.
How can China, Cuba, or any other nation take seriously U.S. comments on human rights issues or freedom of speech, after Guantanamo, together with the daily spectacle of cybercrime and censorship seen at these blogs? America must take a stand now against psychological and other forms of torture, wherever they occur. The U.S. legal system should be a symbol of human dignity in the quest for justice, never the opposite. ("A Commencement Address for Secretary of State Hillary Rodham-Clinton.")
In a society that guarantees my freedom of expression, for example, I have to worry about whether New Jersey goons with government connections will attack my computer with impunity in order to prevent me from posting inconvenient writings on-line or just for the sake of harassment, defacing and destroying my writings with the blessings of judges sworn to uphold the Constitution that protects those writings and me.
My daily adventures to set down words and sentences are worthy of separate analysis. It is impossible to believe that any person will legitimate or refrain from struggling against rape and torture committed by persons commenting upon and judging the victim's ethics. Manipulations of family members to deliver insults or increase financial stress are not unknown tactics. (Again: "New Jersey's 'Ethical' Legal System.")
On March 28, 2007 between 10:45 and 11:33 A.M., efforts to post an essay dealing with New Jersey corruption at my msn group were frustrated by hackers and other obstacles. (See "Another New Jersey Corruption Sweep!")
As of March 1, 2009 I am unable to regain access to MSN groups. I am told that MSN is "closing." I suggest that global revulsion for America's legal system and politics (or even for Americans, sadly) is far more dangerous to U.S. interests in the long term than the threat of further isolated terrorist attacks, against which we must always be on guard. However, the political and moral threat to the nation's institutions -- from those who claim to protect those institutions -- receives scarcely any mention in the media or Congress, even as billions more are spent on what has become a disastrously failed war effort in Iraq as well as Afghanistan as well as new technologies of surveillance that are destroying what remains of Americans' privacy rights. This does not seem like a wise policy. "The Eavesdropping Continues," (Editorial) in The New York Times, June 18, 2009, at p. 12. ("'Eagle Eye': A Movie Review.") "We Can't Tell You," (Editorial) in The New York Times, April 4, 2010, at p. 8. ("'Rendition': A Movie Review.")
Do you care that your country is drifting into a "kinder and gentler" form of totalitarianism? Will any candidate for the U.S. Presidency change this drift into dictatorship? I am writing these words as I struggle against an onslaught of computer viruses and other obstacles, frustrating communication efforts, leaving me with a blank screen often enough. This onslaught is designed, I believe, to serve as a form of censorship. The purpose of these tactics is for me simply to give up on expressing my anger. The goal is for me to refrain from speaking out against what I have experienced. Intimidation tactics will be next, perhaps, alternating with new frustration efforts or maybe threats to family members -- preferably children and old people. Financial pressures may also help. These are the methods used by the Jersey boys with the cooperation of state judges, who are usually selected from among their ranks. ("Corrupt Law Firms, Senator Bob, and New Jersey Ethics" and "Mafia Influence in New Jersey Courts and Politics.")
Psychological tortures have caused serious harm to victims, even deaths. Perhaps the firmness of my commitment to ideals deemed "laughable" by my adversaries -- including principles found in the U.S. Constitution that are now often ignored by many American courts -- accounts for my persistence in this struggle. (See "Why I am not an ethical relativist" and the much disfigured essay, "Manifesto for the Unfinished American Revolution.")
According to the American Constitution, my rights are not dependent on whether I am powerful. We have human rights by virtue of being humans. Courts exist to protect those rights, not to assist in violating them. How do you live with yourself, Stuart Rabner? You know what's going on, why not do something? I have just revised this last sentence because an "error" has been inserted since my last reading of this essay. ("Law and Ethics in the Soprano State" and "New Jersey's 'Ethical' Legal System," then "Anne Milgram Does It Again.")
The response to what I say will probably be some form of ad hominem attack, more insults and threats. First, I will deal with the likely insults: I am not a Communist. I am not a Fascist. I have no mistresses. Despite my best efforts, I have slept, voluntarily, with only one woman for twenty-plus years or so. This makes me very happy. There is only one other woman with whom I can envision that level of intimacy in my life -- if I ever see her again and if such a thing ever happens, it will only be because she wants such a relationship as much as I do. There will be nothing secret about it, not that it is anyone's business. I prefer to address any "issues" concerning my private life myself, now.
I am not a government witness. I have never been offered any "deal" to do any service for any government agency, anywhere. I am not an undercover agent. I am not undercover. I am not any kind of police officer. Distressingly, I cannot offer an exciting sex life to prospective biographers, report writers, or journalists. I do not have cancer, AIDS, or any other congenital or chronic disease. I am not a Republican or Democrat. I am an Independent. I am not a Mets fan. I am not seeking and I will not accept payment for expressing these opinions. All of the money that I may receive or earn in the future -- except for anything I can contribute to my daughter's (and other children's) education -- will go to charities, including the legal system's efforts to provide representation to the poor. I am not a "cross-dresser." I am a committed feminist concerning all political and social justice issues. I have no desire to be "politically correct" whatever that means.
I am not any kind of religious fundamentalist. In fact, I am not any kind of fundamentalist. I am not "gay." I am for gay rights and equality, including legal protection and equality for same-sex unions. I oppose all forms of racism. I am a democratic socialist and have been since my college days. Miraculously, given my life-experiences, I have never been charged with or convicted of a crime anywhere. This is because I have never been interested in committing crimes. I refuse to allow anyone to make me violent. I do not drink alcohol and -- except very briefly -- I haven't for most of my life. I do not take and I have never, voluntarily, taken illegal drugs. I do not smoke. I have never struck a woman in my life. I have never been accused of striking a woman. My only biological child was born about one year after a "legally contracted marriage" with her mother. I try to avoid J-walking. To the best of my knowledge and belief, I have no ovedue library books. I will be happy to pay the full cost of such a book if this information is incorrect. I trust that I have anticipated all insults and fabrications from New Jersey's political mafia. Oh, yes: I am not a thief. I have not been accused of theft by anyone.
My daily regimen includes about four or five hours of reading, sometimes a lot more; 400 sit ups; 600 push ups, in sets of 200, with a one minute break; 800 curls on each arm with 20-30 lbs. weights. I walk about 6 and 1/2 to 10 miles per day. I take one multivitamin per day. This regimen is a way of focusing my energies on coming face-to-face with some people that I haven't seen in a while. I have a few things to say to them. I wear a 31 inch waist on my trousers in the event that this informationn is deemed relevant by anyone in New Jersey.
On my worst day, I am a better person -- and much less of a hypocrite -- than most of the functionaries I dealt with in New Jersey's Office of Attorney Ethics (OAE) or, I believe, most of the members of that state's bemerded judiciary. I also lie much less than the average American -- 93% of "my fellow Americans" admit to lying every day in their personal and professional lives -- and this number is higher among lawyers and judges. (See 1996's The Day America Told the Truth.) One shudders to think of the statistics among members of the U.S. Congress and Senate. Right, Senator Bob? How are the F.B.I. interviews going, Bob? What are we up to -- three or four F.B.I. interviews to cover the SAME questions? ("Bob Roberts" and "Bulworth" then "On Bullshit.")
Regrettably, I haven't indulged in the national passtime -- which is not baseball, but lying -- for years. I leave the lying to New Jersey's Supreme Court justices and politicians. You cannot be a writer without making an effort, sometimes a heroic one, to tell the truth as you see it. What worries my adversaries is that I am not lying. Right, Jaynee? ("Corrupt Law Firms, Senator Bob, and New Jersey Ethics" and "New Jersey's Politically Connected Lawyers On the Tit.")
I have experienced insults for many years. I can only hope to be just as gracious to adversaries as they have been to me. Regardless of any lingering insults or additional threats directed against me, however, the torture debate is vital. It is being ignored at our peril. Hacking into my computer to alter my writings will not change this reality. Such tactics have the effect of making me more determined to persist in my struggle. Unless the reader has been living in a cave, the images of brutality and torments of mostly Muslim prisoners by U.S. soldiers must be familiar by now. They have certainly entered the collective subconscious of humanity, defining the U.S. for billions of people all over the world. ("'The Prisoner': A Review of an AMC Television Series.")
Those who read these essays on a regular basis are witnesses to the human capacity for pointless cruelty and to fascists' need to destroy what they cannot understand or refute. I have reason to fear that Cuban-Americans are among the goons used for such purposes by their mob masters. Sadly, this makes the current Cuban government look good by comparison. It allows me to appreciate the imbecility of the Watergate fiasco and the likelihood that Cubanazos affiliated with intelligence agencies will produce more of such stupid blunders on a cosmic level. ("Cubanazos Pose a Threat to National Security" and "Miami's Cubanoids Protest AGAINST Peace!")
The debate between President Barack Obama and former Vice President Dick Cheney is "too little, too late" for the Republicans. The real debate was decided by the electorate last November. Mr. Bush's administration and "tough tactics" in the so-called "War on Terror" were judged by the American people to have (mostly) led to failure and increased risk of retribution from terrorists as well as other enemies of the U.S.
Since the presidential election, the U.S. has drifted into an economic crisis expressing the results of Bush/Cheney economic incompetence or non-attention; the war in Iraq has stagnated; Afghanistan and Pakistan have heated-up; more young Americans are dying in a conflict that no one can see ending any time soon, a conflict where "success" and/or "victory" is still undefined. Abu Ghraib and Guantanamo have become recruitment films for Al Qaeda and an excuse for every government criticized by the U.S. for human rights violations to do nothing. Mr. Obama managed to say in one sentence everything that needs to be said concerning this issue: "We do not alter our fundamental beliefs based on expediency." Did Obama mean this or was it just rhetoric? You decide. I urge you to see Alex Gibney's film, Taxi to the Dark Side (2007, Oscar winner).
Scott Shane, "American's Arrest Stirs Fears That Wars Radicalize U.S. Muslims," in The New York Times, March 13, 2010, at p. A4. (Some suggest "interning" U.S. Muslims, like Japanese-Americans sent to "camps" during World War II.)
Muslims from all over the world are now travelling to the war zone. Waqar Gillani, "Suicide Bombings Kill Dozens At Market in Pakistani City," in The New York Times, March 13, 2010, at p. A8. (If the pattern holds, then we may expect suicide bombings to escalate in Iraq and Afghanistan in the Summer months, followed by more suicide bombings in Pakistan in the Winter.) Compare Steven Lee Myers, "Suicide Truck Bombing in Northern Iraq Leaves at Least 68 Dead," in The New York Times, June 21, 2009, at p. 6 with "6 Guantanamo Detainees Freed," The New York Times, June 12, 2009, at p. 6. (U.S. captured, held, and tortured mostly innocent detainees.) I urge you to read "American Doctors and Torture." ("Guantanamo" has been altered at least ten times by now as part of the protected cybercrime campaign.)
Sabrina Tavernise & Pir Zubair Shah, "Bomber Strikes Near Pakistan Rally; Police Officer Seen as Target," in The New York Times, April 20, 2010, at p. A8. (Pattern of escalating bombings in Pakistan, Iraq, Afghanistan seems to be holding.)
I revise this essay on Memorial Day. This statement by Mr. Obama is our national commitment to all who have died to defend this country's freedoms and Constitutional protections: "We will not abandon those principles for which you have fought." We will fight this war against terror without becoming terrorists or torturers. The economy is already responding to Mr. Obama's efforts. Crises have been avoided in Latin America. The U.S. has more eyes and ears than it did a year ago because of Mr. Obama, Mr. Biden, and Ms. Clinton's efforts. Republicans cannot think of what to say against Obama. To try to use "torture as a wedge issue" is obscene and irresponsible. To paraphrase President John F. Kennedy: "The Grand Old Party is ... floundering." (Fidel Castro's 'History Will Absolve Me'" and "Havana Nights and CIA Tapes.")
I do not know how to say this so that it will be understood by the powerful, so I will simply say it in the most ordinary American terms. The U.S. cannot meet its vital security or economic needs in a world that perceives Americans as Nazi-like monsters, indifferent to crimes against humanity committed against others and at home.
Human beings must not be tortured for any reason, by anyone, in a FREE SOCIETY. The on-going defacement of my work may be providing the opposite of the needed lesson concerning Internet freedom of speech. These methods are certainly helping to prove my point. Guantanamo has become a symbol of U.S. torture and atrocity. It must be closed and detainees should be tried. If found guilty, they may be imprisoned for life. Otherwise, they should be released. Allies and/or other countries should be persuaded to help deal with this issue, if we do not wish to bring these people into the United States. (Again: "American Doctors and Torture.")
No matter what New Jersey's Supreme Court now says (or does) that jurisdiction and its legal system have been identified with organized crime and corruption in the national psyche and beyond. New Jersey will continue to be a byword for hideous inhumanities and gross miscarriages of justice resulting from legal incompetence or worse. New Jersey will do nothing hoping that the issues will go away. I do not think that this tactic will work. ("New Jersey is the Home of the Living Dead" and Bob Ingle & Sandy McLure, The Soprano State: New Jersey's Culture of Corruption (New York: St. Martin's Press, 2008), entirety.)
In addition to Mr. Hicks, Khalid El-Masri has become a symbol of America's current demoralization. If El-Masri's picture is not on a t-shirt yet, you can be sure that it soon will be. El-Masri was born June 29, 1963 in Kuwait to Lebanese parents. He was raised in Lebanon, then moved to Germany in 1985 to escape the Lebanese Civil War. He became a German citizen in 1994, married a Lebanese woman in 1996, and has several children. To the best of my knowledge, like most good Muslims, Mr. El-Masri is not a Communist. Incidentally, Mr. Obama is not (and could not be) both a Marxist and Muslim.
"El-Masri travelled from his home in Ulm to go on vacation in Skopje at the end of 2003. He was detained by Macedonian border officials on December 31, 2003, because his name was identical (except for variations in English spelling) to that of Khalid al-Masri, an alleged mentor to the al-Qaeda Hamburg cell who has not been apprehended, and because of suspicion that his German passport was a forgery. He was held in a motel in Macedonia for over three weeks and questioned about his activities, his associates, and the mosque he attended in Ulm." (See Terry Gilliam's film Brazil.)
"The Macedonian authorities also contacted the local CIA station, who in turn contacted the agency's headquarters in Langley, Virginia. A December 4, 2005, article in the Washington Post said that an argument arose within the CIA over whether they should remove him from Macedonia in an extraordinary rendition. The decision was made by the head of the al Qaeda division of the CIA's Counter-Terrorism Center on the basis of a 'hunch' that [El-Masri] was involved in terrorism."
Notice that there is no way for a person to cross examine an unidentified "hunch" on the part of a government official who is also not identified. "The Macedonians released El-Masri on January 23, 2004 and American security officials, described in an MSNBC article as members of a 'black snatch team,' came to Macedonia, and detained him. They beat him, stripped him naked, drugged him, and gave him an enema." (See "Terry Tuchin, Diana Lisa Riccioli, and New Jersey's Agency of Torture.")
I suspect that Mr. El-Masri was questioned by persons who identified themselves to him, while he was under hypnosis, as "psychologists." The full horror of what has been done to a human being who had nothing to do with terrorism -- and to many others who are probably innocent of any crime -- may never be known. Mr. El-Masri was "then dressed in a diaper and jumpsuit, and flown to Baghdad, then immediately taken to the 'salt pit,' a covert CIA interrogation center in Afghanistan which contained prisoners from Pakistan, Tanzania, Yemen and Saudi Arabia."
At no point in this ordeal was there a hearing, an opportunity to confront accusers (or even any accusers to confront), no lawyer, evidence, charges -- nothing. Usually, such formalities are supplied (if at all) years after tortures produce desired failures in functioning that can be used to rationalize the tortures that produced them in the first place. No doubt prisoners in Abu Ghraib will be described as "uncooperative." I know that I would be if I were in their situation, which I may be to some extent. Perhaps they will be classified as "unethical" or "liars" because they refuse to answer truthfully questions no one has the right to ask. ("Is Senator Bob 'For' Human Rights?")
"El-Masri wrote in the Los Angeles Times that while held in Afghanistan, he was beaten and repeatedly interrogated. He also claimed that he was raped." (See "Psychological Torture in the American Legal System.")
After a hunger strike -- which nearly killed him -- and recognition by the CIA that El-Masri had been held by "mistake," in April, 2004, CIA Director George Tenet learned that El-Masri was still being wrongfully detained: "National Security Advisor Condoleezza Rice learned of his detention shortly thereafter in early May and ordered his release. El-Masri was released on May 28[,] following a second order from Rice."
In a nation claiming to be committed to the transparency of legal proceedings and law's constraint on government power, it is reported that:
"American authorities met with him and agreed to release him if [El-Masri] agreed never to tell the story of his ordeal to anyone. They flew him out of Afghanistan and released him at night on a desolate road in Albania, without apology, or funds to return home."
Leading U.S. government officials asked Mr. El-Masri to lie. The same government officials and lawyers then discussed lying themselves, stating that they have "no knowledge" of the sort of occurences alleged by Mr. El-Masri, while planning to accuse El-Masri (falsely) of lying. All of this is depressingly familiar to me. It sounds very much like New Jersey's OAE. Senator Bob? I wonder what that "E" in OAE stands for? "We'll just pretend that nothing happened." "It might have been for your own good." Is that right, John? Among U.S. forensic psychologists specializing in the kind of tortures and/or interrogations to which Mr. El-Masri and many others in this country have been subjected, I have reason to believe that New Jersey's Terry Tuchin and Diana Lisa Riccioli may be identified. ("An Open Letter to My Torturers, Terry Tuchin and Diana Lisa Riccioli" and David Kaiser & Lovisa Stannow, "The Rape of American Prisoners," in The New York Review of Books, March 11, 2010, at p. 16.)
December 17, 2009, 10:20 A.M. A letter was removed from a word in the foregoing paragraph. I have restored that letter. Concerning the evidence of U.S. officials lying about their opinions of their counterparts in other countries, see Scott Shane & Andrew W. Lehren, "Leaked Cables Offer a Raw Look Inside U.S. Diplomacy: Dispatches Chronicle Threats and Tensions," in The New York Times, November 30, 2010, at p. A1. (An embassy official described the "Persian character" as defined by the inability to see things from the point of view of the other person.)
What do you think, Lourdes Santiago, Esq.? How many Palestinians have you questioned under hypnosis, Terry? How many African-American young women have you "interrogated," sexually, Diana? How many of those young women have you made "available" for "interrogation" by others, Diana? How does a Jew become Mengele, Mr. Rabner? How does a Jew become Eichman, Ms. Milgram? How long do you expect the cover-up of these crimes to continue? This is a good moment for another inserted "error." Right, Mr. Ginarte? Is Mr. Ginarte still a lawyer in New Jersey? Will Mr. Ginarte become the scapegoat for these crimes? Nydia Hernandez, Esq.? Lourdes Santiago, Esq.? Edgar Navarrete, Esq.? None of these people are "masterminds" of any kind in any conceivable sense of the word.
Why feel a need to conceal or lie about activities if they are considered legal and ethical? If you are hiding what you have done, as a government agent, then it is probable that you realize how illegal and "unethical" those actions happen to be. Right, John? No secrecy. No actions outside the boundaries of the Constitution can be considered ethical or legal, right John? Except that "the Constitution does not apply to New Jersey's ethics proceedings," right John? What do you say, Nydia Hernandez, Esq.? Still a comp judge, Nydia? Should a judge meet with represented persons ex parte? How's Mr. Barbaro Romero doing, I wonder? ("New Jersey's Office of Attorney Ethics.")
A federal lawsuit by Mr. El-Masri was dismissed pursuant to a motion for summary judgment on the pleadings -- I surmise based on news accounts -- on the grounds that "national security" (more "ass-covering") prohibits a full public trial of these allegations, although the court acknowledged that, if Mr. El-Masri's allegations are true (a point not disputed by the U.S.), he is entitled to "compensation." The problem is that there are cultures where monetary compensation" not only fails to equalize the harm done, but adds insult to injury. The worst thing you can do in some cultures is to offer people money after hurting them. Mark Mazetti, "Blurring the Line Between Spy and Diplomat," in The New York Times, November 30, 2010, at p. A1. (Former Vice President of Afghanistan went for a stroll in Europe with $51 million in cash that could not possibly be drug money or belong to the man who is still President of Afghanistan whom we happen to support.)
This much-feared "public trial" is now taking place anyway. It will continue to take place in the court of public opinion, which will be much more damaging to the U.S., which is bleeding to death in terms of public perception in the world -- by prolonging the inevitable recognition of fault -- as more information emerges in drips and drabs. Each day America's legal system will suffer further scorching from these flames. Each day America's prestige and honor will be further damaged -- possibly, though I hope not -- reaching New Jersey-like levels of digusting criminality among powerful officials in the eyes of billions of people in the world. (See "New Jersey's Feces-Covered Supreme Court" and all the essays in the general section at http://www.Critique@groups.msn.com/ ) The true number of hits at these blogs is about 50,000 or maybe more. ("How Censorship Works in America" and "Censorship and Cruelty in New Jersey.")
I am prevented from accessing my own writings at MSN. My book is suppressed and will not be sent to on-line booksellers based, I believe, on state action directed against political content. Use of images is prevented by hackers, harassment made possible by abuse of government power and resources is my daily experience, and a cover-up is still under way in New Jersey. Each day that this cover-up continues is a renewal of tortures endured over a period of years. Do you speak to me of ethics, Mr. Rabner? You are witnesses to New Jersey's public defecation on the Constitution of the United States of America for which men and women are dying as I type this sentence. ("Stuart Rabner and Conduct Unbecoming to the Judiciary in New Jersey" then "No More Cover-Ups and Lies, Chief Justice Rabner!" and "Manifesto for the Unfinished American Revolution.")
March 14, 2010 at 2:39 P.M. A correction of the title to my essay above has been made for the tenth time. Please see "Roberto Unger's Revolutionary Legal Theory" and "America's Unethical Medical Torturers" as well as "Is American Legal Ethics a Lie?" Thom Shanker, "Afghan Battle Is Subject of Reproof For 3 Officers," in The New York Times, March 13, 2010, at p. A8. (Incompetence of officers results in loss of American lives.) This may be a good time to insert another "error," gentlemen.
If you love and believe in the United States and the American Constitution, do you honestly think that this incident and hundreds or thousands of others like it will be good for the "national interest"? I don't. How about an attempt to deal honestly and respectfully with these horrors and suffering human beings? Utopian? Perhaps. We'll see. The answer is not to try to destroy these essays in order to inflict further harm on me. Have you any sense of your responsibilities, Ms. Milgram? I guess not. (A word was deleted from the foregoing sentence and has now been restored to that sentence.)
Why are courts wrong to dismiss this case? I can't answer that question without returning to foundations. Philosophy, which is irrelevant to the education of most people in the U.S. and certainly to the overwhelming majority of lawyers -- who are, generally, shockingly ignorant of the subject (and also many other subjects, sometimes including law) -- becomes highly important to answering this question: What is law? What is a legal system? What does it mean to "abide by the rule of law"? What is the American Constitution about? What is the ontological and jurisprudential status of subjects against the power of the state, as reflected in legal materials, especially as set forth in the organic documents of American society? Are there ways in which persons must not be "treated" by government officials? Why is government secrecy dangerous?
II.
Either you believe that there is something special about persons that entitles them to be treated with respect and concern for their dignity captured in the concept of "rights," or you don't. If you do, then the U.S. Constitution makes sense to you; if you don't, then the U.S. Constitution will seem like an annoying and time-consuming set of naive constraints on government power. Security is always the highest good of totalitarian societies, which is the value usually invoked everywhere to rationalize oppression. Advocates of oppression will speak of "the real world" and of not being "idealistic," but "practical." Minimalists, perhaps, think of the torture of non-Americans by Americans as "fine." Consider the events this week in Pakistan with the elusiveness of the Taliban and a shaky U.S.-sponsored government. What are the rights of persons to which this nation and our allies must be committed? ("Is there a gay marriage right?")
Abuse of prisoners at Abu Ghraib and Guantanamo reveals something hideous that has usually been concealed in American and other Western societies -- the ways in which power invades the psyches of persons through acculturation, making them into subjects, together with the occasional need to "display" or perform "power-rituals" so as to discourage dissent. Maybe this has something to do with my experiences in life and in trying to write this morning. I will pick myself up, wipe away all blood or dust, then try again. ("What is it like to be tortured?")
In the age of the Internet and digital cameras everywhere these horrible images of torture are often exposed to the sunlight of public scrutiny. Remember Rodney King? If there were no video of Mr. King's ordeal, we all know that the cops would have lied and judges would have pretended to believe them. Secret and isolated torture (and censorship) has always been part of governmental methods in the U.S., which is one of the world's most violent societies. Now such "methods" are being seen by billions. These crimes say something unpleasant about who we are. At the same time, public discussions of these events say something magnificent about who we are:
"Law and legal discourse play superstructural and mystificatory roles in Foucault's disciplinary society analogous to their roles in Marx's political economy. But undoing the project as well, because the disciplinary society that underlies modern capitalism may have had its most nearly perfect expression under communism. 'Is it surprising that factories, schools, barracks, hospitals ... all resemble prisons?' is [Foucault's] question addressed to the East as well as the West."
Duncan Kennedy, Sexy Dressing, etc. -- Essays on the Power and Politics of Cultural Identity (Cambridge: Harvard University Press, 1993), p. 122.
Torture is not exactly unknown in Communist societies. Have we now tried to equal such Communist horrors in our increasingly less democratic society? We may have succeeded in doing so, at least in New Jersey. Pleasure in humiliating and torturing others seen in the faces of ordinary American soldiers is also illuminating on the subject of U.S. serial killers. There is a direct line from those soldiers at Abu Ghraib to Charles Manson and his followers that no social scientist has yet traced. There is also something great, I continue to emphasize this, about American democracy's publishing of those images and the legal proceedings brought against the perpetrators as well as the open coverage in the media of this sad episode in U.S. history. Abu Ghraib is an extreme manifestation of some important and frightening features of U.S. societies -- features which have yet to be appreciated as symbols of what we have become:
"The pictures are us," Susan Sontag writes, "our racism, our love of violence and our imperial shamelessness."
The Abu Ghraib Effect, at p. 38.
"... forms of sexual abuse in the prison were clearly intended to gratify the hatreds and homophobia of the guards, and at the same time allow them to believe that the victim might actually enjoy the violation."
The Abu Ghraib Effect, at p. 98. (Discussions of men forced to wear women's underwear.)
"This idea that prisoners actually welcomed sexual humiliation and violation was expressed as well by various American Right-wing commentators about Abu Ghraib ..."
Ibid. (Some of these same commentators often suggest, absurdly, that "women enjoy being raped.")
"Candid U.S. personnel will admit that the scale of this injustice, the sheer numbers of people held in the most rigorous conditions, interrogated time and again and vilified in public, is staggering. On my own visit to Gitmo in October 2003, one guard told me that the impression he had from his time spent 'behind the wire' was that many of the prisoners were not really terrorists at all, although his superiors always insisted they were. In his view, at least 200 of those held in the maximum security cellblocks were harmless. The verdict from a senior Pentagon official with extensive knowledge of Guantanamo was more critical. 'At least two-thirds' of the 600 detainees held as of May 2004 could, he said, be released without hesitation immediately." (Rose, p. 42.)
Many of these detainees would be murdered, eventually -- in custody -- and some are still being held in 2010 even as others have been driven into madness. ("Is Senator Bob 'For' Human Rights?")
Law has always been intimately connected with power. However, especially since the advent of Christianity and development of Renaissance humanism, culminating in the Enlightenment project of vindicating rights for the sake of human freedom, a competing concern with justice and respect for the dignity of persons (found also in Marxist theory) is recognized as essential to Western understandings of legality.
Law is a moral endeavor all the way down to its foundations. To adopt evil methods, committing crimes and relishing the experience, undermines the legitimacy of State actions and actors. New Jersey's OAE lost the right to evaluate my legal ethics long ago. A naked use of power to torture and enslave human beings may have the "form" of law, yet it will always lack law's "substance." You getting this in New Jersey? Any more inserted "errors" today?
The apathy and indifference of New Jersey authorities licensed to deface these writings and to commit other crimes against me, I believe, suggests that America has fallen a long way from its core values of respect for the dignity of all persons in society. Cover-ups are not the answer. Intimidating the media is also not the answer. This may be a good time to delete a letter from one of my words. ("Stand by Me.")
Lon Fuller has spoken of "the morality that makes law possible," attempting to specify the formal conditions that allow for the emergence of free juridical institutions and processes. The Morality of Law (New Haven; Yale University Press, 1964), pp. 33-91; and concerning Hitler's appropriations of the forms of law, see pp. 54-55. Ronald Dworkin's work is also relevant: "Taking Rights Seriously," in Taking Rights Seriously (Cambridge: Harvard University Press, 1977), p. 184 and David A.J. Richards, The Moral Criticism of Law (California: Dickerson Pub., 1977), pp. 7-39. See also, Lon Fuller, "Pashukanis and Vyshinsky: A Study in the Development of Marxist Legal Theory," in 47 Michigan Law Review 1157-1166 (1949).
Saddam Hussein (or the dictator of your choice) may have courtrooms where people wear robes, wield a gavel, mention rules. Yet everybody knows that the reality of the proceedings is determined by actions taken and things said behind the scenes. "Instructions" received from bosses determine the outcomes of cases, as in New Jersey. The true basis for decisions will not be part of the official record, having nothing to do with the issues and arguments being discussed on the record. In such circumstances, trials become farce -- like one of those props used in Hollywood movies that resembles the entrance of a building, except that there is nothing inside. Such a situation -- which, again, is too often an excellent description of New Jersey's legal system -- is only the appearance of law, not its reality. ("Fidel Castro's 'History Will Absolve Me.'")
Respect for persons demands legal reality: notice, open and transparent proceedings, a meaningful right to confrontation, a clear boundary between therapeutic action (which must always be chosen, freely and voluntarily by an unimpaired subject) and jurisprudential activity. Treatment of persons as equals and an opportunity for fairness in proceedings -- not secret interrogations of impaired persons, conducted under duress and threats of violence, or by means of the infliction of physical and/or psychological pain. Starvation or forced impoverishment are effective tools of "interrogation" in America. ("An Open Letter to My Torturers in New Jersey, Terry Tuchin and Diana Lisa Riccioli.")
Abandonment of these Constitutional guarantees far from making us safer, turns us into the sort of people we are supposedly struggling against in this "War on Terror." We must always be better than our enemies. The United States must not behave in accordance with the standards of terrorists or totalitarian societies. We are not Al Qaeda. For anyone to imagine that I can feel anything but disgust and contempt for those who have cooperated with the violations of my rights is surreal.
Even in a concentration camp these values may be retained. For instance, Armando Valladares writes of his tortures and experiences in a Cuban political prison. In a moment of moral heroism equal to the experiences of exemplary human beings in the concentration camps and Gulags of the twentieth century, Valladares explains the reaction of prisoners to the introduction of Marxist literature and other government books into their cells:
"On one occasion Boitel suggested a drastic solution -- burning all the Marxist books. But we immediately rejected the idea. We were prisoners precisely because we had defended a model of society in which nobody would ever burn his adversaries' books." (p. 117.) ("Abu Ghraib and Free Speech Too.")
The answer to an argument or view of life that you reject is not to burn your adversaries' books -- not even to burn your adversary! -- but to engage in dialogue with that other. When appropriate, a person may certainly be held legally accountable for his faults, but not by the commission of even greater faults against him, producing the very conduct then used to rationalize that person's victimization in the first place. You do not suppress, alter, destroy the writings of those with whom you disagree. You should not obstruct the communication efforts of others. For any journalist to participate in censorship or suppressions of speech is unforgivable and suicidal. This may even be true for those who dismiss others as mere "dabblers." Mr. Adubato? By comparison with Abu Ghraib and Guantanamo, Cuba's prisons seem like models of humanitarian incarceration even in the description of those confined as prisoners in those establishments. ("Censorship and Cruelty in New Jersey" and "'Revolutionary Road': A Movie Review.")
These ideas only make sense if you recognize that human dignity entitles persons to respect. Rape, sexual humiliation, violation and violent abuse of anyone degrades all human beings -- more so those who inflict such violence on others than their victims. Humanity is the true victim when any person is tortured by government agents. It was not Valladares who was degraded or humiliated by what was done to him, but the government that tortured him certainly was diminished by those crimes. Similarly, it is not the prisoners at Abu Ghraib who have been dehumanized, it is the men and women in U.S. uniforms committing those crimes who have desecrated the American flag, regardless of what may be said against those detainees, dehumanizing themselves, and not their victims. Ms. Milgram, what did you know and when did you know it? Stuart Rabner? Debbie Poritz? Governor Christie? ("Law and Ethics in the Soprano State" and "How Censorship Works in America.")
What follows is not another commentary on Foucault or Marx, not the musings of some weird European philosophers, it is one scholar's reflections on the political thinking of Thomas Jefferson:
"Whenever society loses its limited character as an instrument designed by human beings to advance the human purposes of freedom, fellowship, and justice and arrogates to itself the power to crush the 'inherent and inalienable rights of man,' at that juncture society should be resisted. For although the individual will accept many limitations upon his freedom in the light of social duties and obligations that reflection shows him are necessary or wise, he cannot compromise his claim to be considered an 'end' in and by society, never a 'means.' [This is not Fidel Castro's prose even if it is nearly identical to what Castro has written.] Jefferson makes the human being, in his [or her] pursuit of true and substantial happiness, the governing ideal for moral and social theory."
Adrienne Koch, Power, Morals, and The Founding Fathers (Ithaca & London: Cornell Univesity Press, 1961), p. 37. (Jefferson's Kantianism is a subject of discussion among scholars -- one more new "error" inserted and corrected.)
All of this underscores the pathologies so emblematic of American society on display in the torture of prisoners: racism (most of the victims are dark-skinned), sexism (reduction of victims, even by women guards) to the "sub-human" status of "females" penetrated by broomsticks, naked, sexually humiliated, covered in feces, beaten, in some cases murdered. ("Terry Tuchin, Diana Lisa Riccioli, and New Jersey's Agency of Torture" and "Is Paul Bergrin, Esq. an Ethical New Jersey Lawyer?" then, again, "Is Senator Bob "For" Human Rights?")
I have a pretty good idea of what it is like to be questioned by very stupid people hoping not to elicit information or meaningful responses from victims, but to humiliate and insult, to reduce victims to the "status of women." Ideally, to have women do such things is the ultimate success of sexism. Better yet, members of minority groups -- who have absorbed the lessons of racism -- may be persuaded to torture and inform against their brothers and sisters. "I have reason to believe" that there will always be persons willing to lend themselves to such despicable actions. ("Carlos Fuentes and Multiculturalism" and "Jennifer Velez is a 'Dyke Magnet!'" then "Trenton's Nasty Lesbian Love-Fest!")
"The violent sexualization of prison life within women's institutions raises a number of issues that may help us develop further our critique of the prison system. Ideologies of sexuality -- and particularly the intersection of race and sexuality -- have a profound effect on the representations of and treatment received by women of color both within and outside prison. Of course, black and Latino men experience a perilous continuity in the way they are treated in school, where they are disciplined as potential criminals; in the streets, where they are subjected to racial profiling by the police; and in prison, where they are warehoused and deprived of virtually all of their rights. For women, the continuity of treatment from the free world to the universe of the prison is even more complicated, since they also confront forms of violence in prison that they have confronted in their homes and intimate relationships."
Angela Davis, Are Prisons Obsolete? (New York: Seven Stories, 2003), p. 79. ("Foucault, Rose, Davis and the Meanings of Prison" and "Psychological Torture in the American Legal System.")
At Abu Ghraib and Guantanamo -- in terms of America's unspoken code of values -- every inmate is a woman and "black," regardless of what they look like. (You may prefer to use the N-word.) Some people in America know what that's like. The essence of the experience is legal "helplessness" or "powerlessness," coping with obscene abuse intended to establish the authority and superiority of the abusers, designed to teach the ultimate lesson of power: "We are better than you, so you deserve to be our slave." Any other rationale that may be offered for such abuse is bullshit. Persons will always resist such oppression, even at the cost of their lives. I always will. Where does President Obama stand on slavery? ("America's Holocaust.")
If Thomas Jefferson and Angela Davis were to meet TODAY, I believe that they would join the same revolution against such treatment of any human beings. Would Fidel Castro join them? You decide. If the American Constitution continues to have meaning -- I am sure that it does -- then it must prohibit such treatment of persons by Americans, even when it is rationalized as being necessary to "national security" or survival because the question becomes: "survival as what?" If we abolish the Constitution's protections, then we are no longer the same nation or people that we have tried to be for two centuries. We have thrown out the proverbial baby (human rights) and kept the bathwater (racist violence and bigotry). Mumia Abu-Jamal, Assata Shakur, Noam Chomsky and many others in America are fighting your revolution if you are poor or working class in America. This may be a good time to insert another "error." ("Manifesto for the Unfinished American Revolution" and "Mumia Abu-Jamal and the Unconstitutionality of the Death Penalty.")
III.
In Sunday's New York Times two articles are found on the same page without any explicit editorial association made between them. First, Mark Mazzetti's "C.I.A. Still Awaiting Rules On Interrogating Suspects," and second, Kirk Semple's "Wave of Bombings Kills 47 Accross Iraq, 20 in Baghdad," The New York Times, March 25, 2007, at p. A14. The confusion and ineffectiveness of interrogators is worse in 2009-today. The new C.I.A. manual creates alleged "loopholes" that permit violations of human rights covered over by hypocrisy and mendacity to go unpunished. Mathew Alexander, "Torture's Loopholes," in The New York Times, January 21, 2010, at p. A39.
All efforts to negotiate a peace agreement with the Taliban after recent so-called "successes" have been rebuffed: Helene Cooper & Mark Landler, "White House Weighs Talks With Taliban After Afghan Successes," in The New York Times, March 13, 2010, at p. A8. (New suicide bombings at C.I.A. front locations and in Pakistan seem to be the Taliban's response to peace overtures.)
For a truly disturbing set of developments, see Sabrina Tavernise, "Pakistanis View Market Blast With Disbelief, and Seek Places to Put Blame," in The New York Times, November 4, 2009, at p. A12. American military intervention in Pakistan would unite all factions against us, allowing for nuclear weapons to fall into the hands of fundamentalist forces in South Asia, where an Indian-based Marxist revolutinary movement has formed an alliance with anti-American forces, like the Taliban. Iran? Hatred for America is still on the rise in most places in the world. Has the torture policy worked, Mr. Cheney? I doubt it. Any more "errors" inserted by the Jersey Boys? No? Alissa J. Rubin, "Taliban Using Lighter Touch To Win Allies," in The New York Times, January 21, 2010, at p. A1. (Multi-national alliances are being forged with the assistance, probably, of unidentified "intelligence agencies.")
Will we go to war in Korea next? Cuba? If former Secretary Rumsfeld is right (and I think that he is about this "internationalization of the conflict"), many of the people engaging in these terrorist attacks in Iraq are coming from other countries, including the U.S., even as home-grown opposition is growing "thanks to widespread reports of abuse to which Muslim men have been subjected." Growing confusion and division within intelligence agencies -- which should not be mistaken for "the Bureau of Prisons" -- are only adding to the bewilderment and chaos.
The more we torture others, the less likely we are to "win the hearts and minds" of the same people once cheering for the removal of Saddam Hussein. The level of hatred directed against the U.S. everywhere in the world should worry us now more than ever before. American forces are sitting on a powder keg in the Middle East, while continuing abuse of prisoners -- together with indifference by U.S. courts -- is lighting the fuse to that powder keg. This suggests (to me) that "get tough" and torture tactics have made Americans AND THE WORLD much less safe than we were before the Iraq invasion. Is it really a good idea to burn the Koran in Florida? Or to prevent Muslims from building a Mosque on private property in Manhattan? Will such actions not appear to verify claims of a U.S.-led "crusade" against Islam? (I urge you to read the works of Tariq Ramadan and Tariq Ali.)
The pictures from Abu Ghraib and Guantanamo have become a recruitment film for all kinds of antiamericans in many places in the world. People who have been tortured will not pretend that "nothing happened." Victims will not adjust. Echoes of Muslim rage at such tortures can be heard in Africa, Asia, and Latin America. At this time, they are being ignored -- just as I am ignored. ("Errors" were inserted and corrected in this essay, once again.)
Where do you want people to express their sense of outrage and anger? In American courtrooms or similar settings discussions are usually constrained by efforts at logical argumentation and rules of evidence, legal materials and attempts at minimal civility; in streetcorner encounters between armed men and women or children with hand grenades, the discussions are likely to be far less polite. This was America's argument after World War II for a system of international law and tribunals for resolving disputes: Better rational discussions than bombings, terrorism, or warfare. This policy and hope still makes sense to me. America was the force behind the Human Rights Conventions and U.N. Charter that sought to end torture in the world. We must continue to lead the world in this struggle against torture and other barbarisms, like censorship.
I prefer civilized discussions made possible by abandonment on all sides of violence. If people see Mr. El-Masri's lawsuit being thrown out of court -- without his receiving a forum to communicate his feelings of pain and anger -- then I think there are few options left for the world's 1 to 2 billion Muslims (much depends on who is counting), who feel violated by the horrors of Abu Ghraib and Guantanamo. I don't blame them for those feelings. As someone who experiences daily CRIMINAL harassment and censorship, as a man who has been tortured and raped, I know how tempting desperate tactics can seem. Violence is never the solution to any dispute. ("Time to End the Embargo Against Cuba.")
September 10, 2010 at 11:11 A.M. An "error" was inserted in the foregoing pargraph and a single letter was removed from a word since my previous review of this work. I am unable to run full security scans of my computer because the cable signal to my computer is blocked every time that I attempt to do so. Harassing phone calls and other "pressures" are routine after twenty-one years in my struggle to obtain the truth from the state of New Jersey. ("What is it like to be tortured?" and "What is it like to be censored in America?")
If Mr. El-Masri is without legal standing or is precluded from being heard in court because of national security issues -- these are bogus objections (in my opinion) -- there is certainly nothing to prevent the American Bar Association (ABA) or, say, Harvard Law School from inviting him and his counsel to a forum discussing issues of torture in international law and human rights concerns. These are legal issues that trouble people from all over the world, even if they have nothing to do with increasing fees for U.S. lawyers, which seems to be the number one burning issue for ABA members. This sort of rational discussion among persons holding very different perspectives is what universities are for. ("New Jersey's 'Ethical' Legal System.")
The American Philosophical Association (APA) and individual philosophers in a country that still leads the world in generating philosophical ideas MUST enter this discussion and contribute to the clarification of these concepts of rights, torture, security and legality that are made for philosophical scrutiny and amenable to resolutions through dialectical exchange. We need America's philosophical genius at this difficult moment in our history.
Attorneys and legal academia have an important responsibility that is being ignored. Mr. El-Masri and his lawyer were denied entry into the United States -- as though he suffered from a contagious disease or is a criminal -- when the discussion which he hoped to hold in America might have afforded the Administration an opportunity, through counsel, to express its concerns and make itself understood by the global community. A golden opportunity was allowed to slip through our fingers, adding yet another blunder to the record on Iraq. Mutual attempts at understanding are the only way that progress can be made towards peace. Denials, lies, cover-ups and continuing violations of Constitutional guarantees of due process and equal protection, freedom of speech or expression are not the answer anywhere. No justice, no peace.
Will you continue to violate copyright laws and the U.S. Constitution by further defacements of my writings, New Jersey? Mr. Menendez? Will American media legitimate such censorship? How far have we fallen from the values of the Bill of Rights?

Labels: ,

Friday, March 23, 2007

Hannah Arendt on Eichman in Jerusalem.

I am unable to post this essay in my msn group. I am often obstructed from communicating by obstacles of one sort or another. My Norton System has been rendered inoperable. I do not know whether I can restart my computer. I will continue to struggle to write and post these essays. I have made the same corrections of "errors" many times in this essay. Please see the essays dealing with corruption and criminality in New Jersey's legal system and government in the general section of my msn group, Critique.

My book is offered with Paul Ricoeur's Freedom and Human Nature (1966) on E-bay, where I do not have an account and have never sold or purchased any item. Http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&category=378&item=4598184463

Hannah Arendt, Eichman in Jerusalem: A Report on the Banality of Evil (New York: Penguin: 1977). (I am told that "Eichman" can be written with a single or double "n.")

I first learned of Hannah Arendt in a college philosophy class, when the subject of human cruelty emerged in discussions. From childhood experiences, I had come to realize that there is something in human nature (in some persons) that seems to delight in imposing power or controlling the feelings -- especially the pain -- of another person or persons. I was (I still am) both horrified and fascinated by this appalling human tendency, a tendency which has become so prominent in our time.

I say "fascinated" because if we fail to understand this repulsive feature of human nature or capacity to harm others -- which exists in a small degree in everyone and in a pathological or colossal amount in a few people -- we can expect even more misery than we have known in the past. The very pervasiveness of cruelty makes it a necessary object of study and concern for all of us. It is because such deliberate and unfeeling mercilessness is something that I am not capable of directing at another person -- unintended harms is something everyone is capable of causing, as I say, myself included -- that I wish to know how it is that others can not only hurt people in such ways, but take pleasure in it. (That's you, Diana.) Worse, is to feel nothing at all. (Alex? Terry?)

Perhaps such pleasure is seen as a sign of efficiency and competence, or is incidental to obtaining loyalty or fear from others. The political world (or a courtroom) may be a good place to look for cruelty and for those who delight in inflicting it. Many people who call themselves "therapists" are closet sadists. Perhaps the same may be said of judges. (Tuchin)

Arendt attended Eichman's trial in Jerusalem during the early sixties, expecting to find a dragon-like figure of evil. Eichman was responsible for the deaths of millions in the crematoria and as a result of forced labor in Hitler's camps. Arendt expected a Lucifer-like villain or would-be antihero, making eloquent appeals for excuses or understanding. She discovered a minor bureaucrat, a legal functionary, a paper shuffler, whose thoughtless indifference to human suffering as "incidental" to the administration of rules and regulations reached a colossal scale. Catastrophic harm to countless others is "collateral damage," perhaps.

Eichman was pronounced sane by Israeli psychiatrists. He was polite, undistinguished, speaking in platitudes, explaining that his actions had not been based on any personal ill-will towards Jews. Some of his best friends had been Jews. It was never "personal." It was simply his responsibility, his "job" to follow the rules, to discharge an administrative task, regardless of his feelings (if he had any), and to do this as well as possible.

Eichman even misquoted Kant in an effort to explain the "rationality" of his actions. He did not select the ends, Eichman explained, he merely found the most "cost effective" means of achieving them. If Eichman were entrusted with administering a manufacturing plant for BMW or Mercedes Benz, he would have been just as efficient and his "troubles" would have been much the same, simply a matter of getting methods and goals aligned. (See "Terry Tuchin, Diana Lisa Riccioli and New Jersey's Agency of Torture" and "Is New Jersey Chief Justice Deborah T. Poritz unethical or only incompetent?")

Eichman embodies a principle of "administrative dehumanization" underlying the unspeakable horror of the Holocaust and many other great evils since then -- a principle which is still very much a part of social life, even in the United States, as demonstrated by recent books describing torture techniques developed, allegedly, by the CIA. These techniques include psychological tortures making use of behaviorist methods, which (I have reason to believe) are part of secret information-gathering in places like New Jersey. Professor Alfred McCoy writes in his recent study of CIA tortures:

"Gottlieb devised his own LSD tests on unsuspecting subjects, once spiking the drinks of colleagues during a meeting at a Maryland lodge, ... . One of the other CIA scientists, Dr. Frank R. Olson, suffered an immediate mental breakdown and, several days after taking the drug, jumped or was pushed from the tenth floor of New York's Statler Hotel, where the agency had confined him for observation -- a crime the CIA covered up for the next twenty years by reporting the death to the family as a suicide. After telling an internal agency inquiry that the fatality was 'just one of the risks running with scientific experimentation,' Gottlieb received a mild reprimand for 'poor judgment' and continued to play a prominent role in [mind control] experiments. ..."

This sounds like Terry Tuchin in New Jersey. Arendt writes:

"The camps are meant not only to exterminate people and degrade human beings, but also to serve the ghastly experiment of eliminating, under scientifically controlled conditions, spontaneity itself as an expression of human behavior and transforming the human personality into a mere thing, [objects?] into something that even animals are not; for Pavlov's dog, which as we know, was trained to eat not when it was hungry but when a bell rang, was a perverted animal." ("Not One More Victim.")

To turn or reduce a human being not just to the status of an animal, but into something less than an animal, less than a legal subject -- even less than organism, but only an object -- was essential to all Nazi efforts to "correct" so-called "sub-persons," by finding a "final solution" to the problem of such beings. (This last sentence has been corrected after the insertion of more "errors" by hackers confirming my point in this essay -- along with some of my worst fears for America.)

Concentration camp inmates included not only Jews, but homosexuals, socialists, gypsies, priests, intellectuals and other "perverts and weird persons." Nearly one million gays were exterminated by Hitler. Maybe as many prostitutes died in the camps. The bizarre effect of this dehumanization of victims was to dehumanize victimizers even more. Power always deforms the powerful much more than its victims. (See "Behaviorism is Evil," and "Even in New Jersey there comes a time when silence is betrayal.")

"The essential step on the road to total domination is to kill the juridical person in man." (Hannah Arendt, Richard Bernstein) This process began long before death camps were created, with the first attempts to decide how others should live, what they should believe, how they should speak, or what they should not be allowed to say in the interest of a mythical "normality" or "niceness," which was defined by the fantasies of powerful rulers having nothing to do with the realities of human beings living in the world. Does this sound like today's political correctness to you? ("'Revolutionary Road': A Movie Review" and "'The Stepford Wives': A Movie Review.")

Consider the Dred Scott decision in American Constitutional history and ask yourself: How is it that highly intelligent people spent so much energy -- believing that they were being utterly rational -- in fixing the exact fraction of humanity belonging to a person of African ancestry? Think of the methodical planning to get as many prospective slaves as possible into the hulls of slave ships. Recall the "scientists" spending hours measuring the skulls of African-born persons to decide the precise extent to which they were intellectually inferior to whites. Then think of Dr. Mengele's experiments with infliction of pain on Jewish children to demonstrate their inferiority in "sensitivity" to stimuli, an "inferiority" that was simply seen as too obvious to require argument or evidence. These torturers all saw themselves as scientists: "I am your superior," I was told by a commentator at my discussion group. This same person argued for an essentially incoherent conclusion without being aware of the fact. ("Why I am not an ethical relativist.")

Now I ask you to consider the efforts of New Jersey's tainted Supreme Court to design mechanisms for the imposition of the death penalty, so as not to be criticized for racism, whatever racist executions may result. Under so corrupt a system -- even torture becomes a subject for hypocrisy -- concealing a sub rosa reality of naked and brutal power used against people, then disguised with the forms of law but never its substance. Ethics? Abolition of the death penalty in New Jersey was a legislative decision.

If you understand that mentality of sadism, then you will appreciate how persons can deliberately insert errors in written work, destroy canvases, set fire to musical instruments, take a sledge hammer to statues. It is but a short step from such actions to physical torture, rape, and murder. The death penalty in New Jersey never struck down by the state Supreme Court.

This grotesque reality of torture is KNOWN to those who permit its continued existence, as is the daily suffering of victims that is covered-up or ignored by American judges. New Jersey's Supreme Court knows that shrinks -- like Tuchin and Riccioli -- have tortured people and committed worse crimes, like rape, that N.J. government agencies have made use of illegally obtained information, that human rights have been ignored in violation of federal and state criminal laws -- but the "justices" will pretend not to know any of this. Ethics? Whose ethics? Continued silence is criminal, Mr. Rabner. Did "Dr." Tuchin or Diana Lisa Riccioli file reports concerning me or realted matters and persons with your court or with the OAE at any time since 1988, Mr. Rabner? If so, I herewith, again, request those reports since they concern me. ("No More Cover-Ups and Lies, Chief Justice Rabner!" and "Stuart Rabner and Conduct Unbecoming to the Judiciary in New Jersey.")

Joseph Kanon writes in The Good German of memos intercepted between an engineer for the Reich and a government clerk -- this is based on solid historical research -- in which the difficulties with the pipes being used in the gas ovens were discussed matter-of-factly. It was merely a technical engineering problem of how "obstructions might be diminished and efficiency increased," so that more persons might be killed, more quickly, thus "enhacing production quotas, leading to promotions for both men." Mr. McGill?

When such discussions take place among ordinary people, who greet their neighbors in the morning, kiss their children in the evening, pet their dogs and read the daily newspaper -- then something new has entered history, something affecting our understanding of what law is and of what persons must be. Think of how rational those memos seem, until you realize what is being discussed. Lon Fuller speaks of "the morality that makes law possible" -- possible as an institution, that is, and of what persons should be in the eyes of judges. Now think of Bush's torture lawyers. Get it? Hannah Arendt comments:

"I was struck by a manifest shallowness in Eichman that made it impossible to trace the incontestable evil of his deeds to any deeper level of roots or motives. The deeds were monstrous, but the doer -- at least, the very effective one now on trial -- was quite ordinary, commonplace, and neither demonic nor monstrous. ... It was as though in those last minutes [Eichman] was summing up the lesson that this long course in human wickedness has taught us -- the lesson of the fearsome, word and thought defying 'banality of evil.' ..." ("Drawing Room Comedy: A Philosophical Essay in the Form of a Film Script.")

Eichman is now a New Jersey lawyer, judge or politician. I saw a municipal court judge in New Jersey sentence a man to jail -- when he had the discretion not to do so and there was evidence to suggest that no useful purpose would be served by a jail sentence -- all of which falls within the scope of a judge's discretion. I can accept that much. This individual sentenced to jail, however, was then asked or ordered to sit in the rear of the courtroom and observe the proceedings for the remainder of the court calendar, with periodic asides from the judge concerning how pleasant the accomodations in the jail would be for him, and his lawyer was told to remain with the client, to sit in the rear of the courtroom and "keep him company." Many lawyers can tell similar (or worse) stories. Regular insults of this lawyer were a part of the experience of legal "practice" in the Garden State. ("What is Law?")

The next time I read this essay new "errors" will be inserted in it by persons who are familiar with the events described in: "Terry Tuchin, Diana Lisa Riccioli, and New Jersey's Agency of Torture." This man in judicial robes -- I hesitate to call him a "judge" -- derived almost a sexual thrill from humiliations of others and his own histrionic performances. People frustrating efforts to post these essays -- by obstructing my communicative efforts or hacking into my computer to deface my texts -- are similarly enjoying hurting someone because they can do it with impunity and anonymously. After years of guilt-free cruelty, they get off on it. It is not simply that I object to this treatment, but that I find it both baffling and repulsive that a civilized jursidiction continues to be apathetic to cruelty and sadism.

I saw a mother explain, tearfully, to a judge that her son needed help with a drug problem, not a jail sentence and a judge's chuckling response: "Don't you worry, mam. He's going to get a lot of help." It was all very amusing for him. I saw a judge keep a man in jail, in a matrimonial matter, because he was late with a child support payment. This ensured that he would be unable to work or earn money in any legal way to make future payments. Thus, guaranteeing the denial of all future child support payments by him, ensuring imposition of further jail sentences, costing the taxpayers money both for jailing the husband and for support of his children. This jailing was a criminalization of temporary poverty. ("Psychological Torture in the American Legal System.")

There are any number of instances in the U.S. legal system (especially in the worst places, like New Jersey) in which poverty is punished by jailing, usually when it results in an inability to pay a fine or when persons are arrested for being homeless and fined, then jailed for being unable to pay the fine, which explains why they were homeless. Poverty is a category of moral and legal fault in the eyes of many U.S. judges, especially in New Jersey. Politically connected law firms in some counties have special ex parte access to judges and court records. How much does a day in jail cost these days, Agustin? What is today's rate? ("Corrupt Law Firms, Senator Bob, and New Jersey Ethics" and "New Jersey's Politically-Connected Lawyers On the Tit.")

It took several judges and appeals for one judge to finally figure out that this was not "working." It was explained that "word was out that men should be sent to jail for not paying child support, so that's what we're doing." Such a so-called "blanket policy" allows Supreme Court justices or a legal system to claim to be "tough" on "dead beat dads." But bumper sticker solutions to social ills do not work (outside of election campaigns) and judges know this. Imposition of jail sentences (another "error" inserted, then corrected -- again) was often greeted with an utter lack of feeling -- sometimes with humor -- on the part of judges destroying these men's lives, thus ensuring denial of future child support payments to their children. Worse is done to people in criminal proceedings and juvenile matters, every day. I cannot list the number of young men who died before age 30 as a result of such practices. Is this ethical, Mr. Rabner? ("Have you no shame, Mr. Rabner?")

Some judges ENJOY sending people to jail. "I believe in punishment," one judge said. I wonder if he was one of the public officials subsequently indicted by the feds. If so, he may have changed his mind about punishment.

I have no doubt that many of these New Jersey judges could easily have performed the tasks assigned to Eichman, if they were in his situation, with few reservations and (probably) no guilt. Some would volunteer to do such work. Diana would relish the opportunity to torment women and children by the thousands. (See the film "Judgment at Nuremberg.")

After all, tortures in state jails and even the horrors at Abu Ghraib and Guantanamo have been excused, recently, as falling under one of the "exceptions" to the applicability of Constitutional protections, while U.S. obligations under international law are simply ignored by many U.S. tribunals. ("Is America's Legal Ethics a Lie?" and "American Doctors and Torture.")

These actions or tortures of "detainees" will come back to haunt us as a nation. Equal horrors are routine in New Jersey's jails and prisons, even (I have excellent reason to believe) in secret "information-gathering" for that state's agencies. How ya doing in Ridgewood, Terry? Still claim to be a Jew? Care to delete a letter from this essay in my absence? Is that your best response? ("An Open Letter to My Torturers in New Jersey, Terry Tuchin and Diana Lisa Riccioli.")

Eichman is symbolic of a unique evil that is only possible in depersonalized contemporary societies, in which others are not SEEN as human, so that they can be made fitting objects of manipulation or destruction by the powerful (usually acting secretly), spouting banalities, believing or claiming that they act for their victims' "own good." Along with Eichman, after all, we have the example of Dr. Joseph Mengele, whose goal was to "learn from" his victims. That's you, Terry Tuchin. ("Terry Tuchin, Diana Lisa Riccioli, and New Jersey's Agency of Torture" then "Diana's Friend Goes to Prison" and "Jennifer Velez is a 'Dyke Magnet!'")

One is reduced to numbness and silence before the enormity of the total death of human compassion and moral sense not in the victims of dehumanization, but in their victimizers. This is especially true when those victimizers wear black robes or white coats (New Jersey's Terry Tuchin and Diana Lisa Riccioli).

It is easy to begin with assaults, manipulations, theft and unsought instructions imposed on others. Soon that need to control the "little people" -- for their own good -- will lead to even worse violations. I will give the final word to George Steiner in his most unforgettable paragraph:

"It is a matter of macabre semantics, offensive to reason, to try and determine whether or not, and in what ways, the Shoah, the Holocaust is unique; whether or not it defines a singularity in the history of mankind. Perhaps it does. Perhaps there is no other instance, precisely analogous of ontological massacre -- this is to say, of the deliberate murder of human beings whose guilt, minutely verbalized and set out by bureaucracy, was that of BEING. [Perhaps African slavery in the U.S.?] The millions of Jews beaten, burnt, tortured, marched, starved, gassed to extinction, the men and women drowned in cess pits, the children thrown alive into fire, the old men hanged on meat-hooks, had committed the sole crime of existing. Even the fetus had to be torn out of the womb, lest there be one Jew left to bear witness, to remember [a torturer once said to me: 'we'll pretend that nothing happened!'] (though no one would believe him or her, a point the Nazis made with derisive logic). ... it may be self-hatred in European Christendom, [that] created on this earth a material, mirror-image of imagined Hell. Time and space were made static eternities of suffering in what the Nazis, unconsciously echoing Dante called, 'the anus of the world' (Auschwitz)."

Labels: ,