Tag Archives: Oligarchy

The System Is Rigged: Qualified Immunity Is How the Police State Stays in Power

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By John W. Whitehead

Source: Mint Press News

The system is rigged, the government is corrupt, and “we the people” continue to waste our strength by fighting each other rather than standing against the tyrant in our midst.

Because the system is rigged, because the government is corrupt, and because “we the people” remain polarized and divided, the police state will keep winning and “we the people” will keep losing.

Because the system is rigged and the U.S. Supreme Court—the so-called “people’s court”—has exchanged its appointed role as a gatekeeper of justice for its new role as maintainer of the status quo, there will be little if no consequences for the cops who brutalize and no justice for the victims of police brutality.

Because the system is rigged, there will be no consequences for police who destroyed a private home by bombarding it with tear gas grenades during a SWAT team raid gone awry, or for the cop who mistakenly shot a 10-year-old boy after aiming for and missing the non-threatening family dog, or for the arresting officer who sicced a police dog on a suspect who had already surrendered.

This is how unarmed Americans keep dying at the hands of militarized police.

By refusing to accept any of the eight or so qualified immunity cases before it this term that strove to hold police accountable for official misconduct, the Supreme Court delivered a chilling reminder that in the American police state, ‘we the people’ are at the mercy of law enforcement officers who have almost absolute discretion to decide who is a threat, what constitutes resistance, and how harshly they can deal with the citizens they were appointed to ‘serve and protect.”

This is how qualified immunity keeps the police state in power.

Lawyers tend to offer a lot of complicated, convoluted explanations for the doctrine of qualified immunity, which was intended to insulate government officials from frivolous lawsuits, but the real purpose of qualified immunity is to rig the system, ensuring that abusive agents of the government almost always win and the victims of government abuse almost always lose.

How else do you explain a doctrine that requires victims of police violence to prove that their abusers knew their behavior was illegal because it had been deemed so in a nearly identical case at some prior time: it’s a setup for failure.

Do you know how many different ways a cop can kill, maim, torture and abuse someone without being held liable?

The cops know: in large part due to training classes that drill them on the art of sidestepping the Fourth Amendment, which protects us from being bullied, badgered, beaten, broken and spied on by government agents.

This is how “we the people” keep losing.

Although the U.S. Supreme Court recognized in Harlow v. Fitzgerald (1982) that suing government officials for monetary damages is “the only realistic avenue” of holding them accountable for abusing their offices and violating the Constitution, it has ostensibly given the police and other government agents a green light to shoot first and ask questions later, as well as to probe, poke, pinch, taser, search, seize, strip and generally manhandle anyone they see fit in almost any circumstance, all with the general blessing of the courts.

Whether it’s police officers breaking through people’s front doors and shooting them dead in their homes or strip searching motorists on the side of the road, these instances of abuse are continually validated by a judicial system that kowtows to virtually every police demand, no matter how unjust, no matter how in opposition to the Constitution.

Make no mistake about it: this is what constitutes “law and order” in the American police state.

These are the hallmarks of a police state: where police officers, no longer mere servants of the people entrusted with keeping the peace, are part of an elite ruling class dependent on keeping the masses corralled, under control, and treated like suspects and enemies rather than citizens.

Unfortunately, we’ve been traveling this dangerous road for a long time now.

A review of critical court rulings over the past several decades, including rulings affirming qualified immunity protections for government agents by the U.S. Supreme Court, reveals a startling and steady trend towards pro-police state rulings by an institution concerned more with establishing order, protecting the ruling class, and insulating government agents from charges of wrongdoing than with upholding the rights enshrined in the Constitution.

Indeed, as Reuters reports, qualified immunity “has become a nearly failsafe tool to let police brutality go unpunished and deny victims their constitutional rights.” Worse, as Reuters concluded, “the Supreme Court has built qualified immunity into an often insurmountable police defense by intervening in cases mostly to favor the police.”

The system is rigged.

Police can claim qualified immunity for warrantless searches. In Anderson v. Creighton, the Supreme Court ruled that FBI and state law enforcement agents were entitled to qualified immunity protections after they were sued for raiding a private home without a warrant and holding family members at gunpoint, all in a search for a suspected bank robber who was not in the house.

Police can claim qualified immunity for warrantless arrests based on mere suspicion. In Hunter v. Bryant, the Court ruled that police acted reasonably in arresting James Bryant without a warrant in order to protect the president. Bryant had allegedly written a letter that referenced a third-party plot to assassinate President Ronald Reagan, but police had no proof that he intended to harm Reagan beyond a mere suspicion. The charges against Bryant were eventually dropped.

Police can claim qualified immunity for using excessive force against protesters. In Saucier v. Katz, the Court ruled in favor of federal law enforcement agents who forcefully tackled a protester as he attempted to unfurl a banner at Vice President Gore’s political rally. The Court reasoned that the officers acted reasonably given the urgency of protecting the vice president.

Police can claim qualified immunity for shooting a fleeing suspect in the back. In Brosseau v. Haugen, the Court dismissed a lawsuit against a police officer who shot Kenneth Haugen in the back as he entered his car in order to flee from police. The Court ruled that in light of existing case law, the cop’s conduct fell in the “hazy border between excessive and acceptable force” and so she did not violate clearly established law.

Police can claim qualified immunity for shooting a mentally impaired person. In City of San Francisco v. Sheehan, the Court ruled in favor of police who repeatedly shot Teresa Sheehan during the course of a mental health welfare check. The Court ruled that it was not unreasonable for police to pepper spray and shoot Sheehan multiple times after entering her room without a warrant and encountering her holding a knife.

Police officers can use lethal force in car chases without fear of lawsuits. In Plumhoff v. Rickard, the U.S. Supreme Court declared that police officers who used deadly force to terminate a car chase were immune from a lawsuit. The officers were accused of needlessly resorting to deadly force by shooting multiple times at a man and his passenger in a stopped car, killing both individuals.

Police can stop, arrest and search citizens without reasonable suspicion or probable cause. In a 5-3 ruling in Utah v. Strieff, the U.S. Supreme Court effectively gave police the go-ahead to embark on a fishing expedition of one’s person and property, rendering Americans completely vulnerable to the whims of any cop on the beat.

Police officers can stop cars based on “anonymous” tips or for “suspicious” behavior such as having a reclined car seat or driving too carefully. In a 5-4 ruling in Navarette v. California, the U.S. Supreme Court declared that police officers, under the guise of “reasonable suspicion,” can stop cars and question drivers based solely on anonymous tips, no matter how dubious, and whether or not they themselves witnessed any troubling behavior. Then in State v. Howard, the Kansas Supreme Court declared that motorists who recline their car seats are guilty of suspicious behavior and can be subject to warrantless searches by police. That ruling, coupled with other court rulings upholding warrantless searches and seizures by police renders one’s car a Constitution-free zone.

Americans have no protection against mandatory breathalyzer tests at a police checkpoint, although mandatory blood draws violate the Fourth Amendment (Birchfield v. North Dakota). Police can also conduct sobriety and “information-seeking” checkpoints (Illinois v. Lidster and Mich. Dep’t of State Police v. Sitz).

Police can forcibly take your DNA, whether or not you’ve been convicted of a crime. In Maryland v. King, a divided U.S. Supreme Court determined that a person arrested for a crime who is supposed to be presumed innocent until proven guilty must submit to forcible extraction of their DNA. Once again the Court sided with the guardians of the police state over the defenders of individual liberty in determining that DNA samples may be extracted from people arrested for “serious” offenses. The end result of the ruling paves the way for a nationwide dragnet of suspects targeted via DNA sampling.

Police can use the “fear for my life” rationale as an excuse for shooting unarmed individuals. Upon arriving on the scene of a nighttime traffic accident, an Alabama police officer shot a driver exiting his car, mistakenly believing the wallet in his hand to be a gun. A report by the Justice Department found that half of the unarmed people shot by one police department over a seven-year span were “shot because the officer saw something (like a cellphone) or some action (like a person pulling at the waist of their pants) and misidentified it as a threat.”

Police have free reign to use drug-sniffing dogs as “search warrants on leashes.” In Florida v. Harris, a unanimous U.S. Supreme Court determined that police officers may use highly unreliable drug-sniffing dogs to conduct warrantless searches of cars during routine traffic stops. The ruling turns man’s best friend into an extension of the police state, provided the use of a K-9 unit takes place within a reasonable amount of time (Rodriguez v. United States).

Not only are police largely protected by qualified immunity, but police dogs are also off the hook for wrongdoing. The Fourth Circuit Court of Appeals ruled in favor of a police officer who allowed a police dog to maul a homeless man innocent of any wrongdoing.

Police can subject Americans to strip searches, no matter the “offense.” A divided U.S. Supreme Court actually prioritized making life easier for overworked jail officials over the basic right of Americans to be free from debasing strip searches. In its 5-4 ruling in Florence v. Burlington, the Court declared that any person who is arrested and processed at a jail house, regardless of the severity of his or her offense (i.e., they can be guilty of nothing more than a minor traffic offense), can be subjected to a strip search by police or jail officials, which involves exposing the genitals and the buttocks. This “license to probe” is now being extended to roadside stops, as police officers throughout the country have begun performing roadside strip searches—some involving anal and vaginal probes—without any evidence of wrongdoing and without a warrant.

Police can break into homes without a warrant, even if it’s the wrong home. In an 8-1 ruling in Kentucky v. King, the U.S. Supreme Court placed their trust in the discretion of police officers, rather than in the dictates of the Constitution, when they gave police greater leeway to break into homes or apartments without a warrant. Despite the fact that the police in question ended up pursuing the wrong suspect, invaded the wrong apartment and violated just about every tenet that stands between us and a police state, the Court sanctioned the warrantless raid, leaving Americans with little real protection in the face of all manner of abuses by police.

Police can use knock-and-talk tactics as a means of sidestepping the Fourth Amendment. Aggressive “knock and talk” practices have become thinly veiled, warrantless exercises by which citizens are coerced and intimidated into “talking” with heavily armed police who “knock” on their doors in the middle of the night. Andrew Scott didn’t even get a chance to say no to such a heavy-handed request before he was gunned down by police who pounded aggressively on the wrong door at 1:30 a.m., failed to identify themselves as police, and then repeatedly shot and killed the man when he answered the door while holding a gun in self-defense.

Police can carry out no-knock raids if they believe announcing themselves would be dangerous. Police can perform a “no-knock” raid as long as they have a reasonable suspicion that knocking and announcing their presence, under the particular circumstances, would be dangerous or futile or give occupants a chance to destroy evidence of a crime (Richards v. Wisconsin). Legal ownership of a firearm is also enough to justify a no-knock raid by police (Quinn v. Texas). For instance, a Texas man had his home subject to a no-knock, SWAT-team style forceful entry and raid based solely on the suspicion that there were legally-owned firearms in his household. The homeowner was actually shot by police through his closed bedroom door.

Police can recklessly open fire on anyone that might be “armed.” Philando Castile was shot and killed during a routine traffic stop allegedly over a broken tail light merely for telling police he had a conceal-and-carry permit. That’s all it took for police to shoot Castile four times in the presence of his girlfriend and her 4-year-old daughter. A unanimous Supreme Court declared in County of Los Angeles vs. Mendez that police should not be held liable for recklessly firing 15 times into a shack where a homeless couple had been sleeping because the grabbed his BB gun in defense, fearing they were being attacked.

Police can destroy a home during a SWAT raid, even if the owner gives their consent to enter and search it. In West v. Winfield, the Supreme Court provided cover to police after they smashed the windows of Shaniz West’s home, punched holes in her walls and ceilings, and bombed the house with so much tear gas that it was uninhabitable for two months. All of this despite the fact that the suspect they were pursuing was not in the house and West, the homeowner, agreed to allow police to search the home to confirm that.

Police can suffocate someone, deliberately or inadvertently, in the process of subduing them. “I can’t breathe” has become a rallying cry following the deaths of Eric Garner and George Floyd, both of whom died after being placed in a chokehold by police. Dozens more have died in similar circumstances at the hands of police who have faced little repercussions for these deaths.

As I make clear in my book Battlefield America: The War on the American People, we are dealing with a nationwide epidemic of court-sanctioned police violence carried out with impunity against individuals posing little or no real threat.

So what’s the answer to reforming a system that is clearly self-serving and corrupt?

Abolishing the police is not the answer: that will inevitably lead to outright anarchy, which will give the police state and those law-and-order zealots all the incentive it needs to declare martial law.

Looting and violence are not the answer: As Martin Luther King Jr. recognized, “A riot merely intensifies the fears of the white community while relieving the guilt.” Using the looting and riots as justification for supporting police brutality is also not the answer:  As King recognized, “It is not enough … to condemn riots… without, at the same time, condemning the contingent, intolerable conditions that exist in our society. These conditions are the things that cause individuals to feel that they have no other alternative than to engage in violent rebellions to get attention. And I must say tonight that a riot is the language of the unheard. And what is it America has failed to hear? It has failed to hear that the plight of the negro poor has worsened over the last twelve or fifteen years. It has failed to hear that the promises of freedom and justice have not been met. And it has failed to hear that large segments of white society are more concerned about tranquility and the status quo than about justice and humanity.”

Police reform is necessary and unavoidable if we are to have any hope of living in an America in which freedom means something more than the right to stay alive, but how we reform the system is just as important as getting it done.

We don’t need to wait for nine members of a ruling aristocracy who primarily come from privileged backgrounds and who have a vested interest in maintaining the status quo to fix what’s broken in America.

Nor do we need to wait for 535 highly paid politicians to do something about these injustices only when it suits their political ambitions

And we certainly don’t need to wait for a president with a taste for totalitarian tactics to throw a few crumbs our way.

This is as much a local problem as it is a national one.

Be fair. Be nonviolent. Be relentless in your pursuit of justice for all.

Let’s get it done.

Why America’s “Revolution” Won’t be Televised. No one is Aiming at the Empire

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Protesters jump on a street sign near a burning barricade near the White House during a demonstration against the death of George Floyd on May 31, 2020 in Washington, DC. Photo: AFP

By Pepe Escobar

Source: Global Research

The Revolution Won’t Be Televised because this is not a revolution. At least not yet. 

Burning and/or looting Target or Macy’s is a minor diversion. No one is aiming at the Pentagon (or even the shops at the Pentagon Mall). The FBI. The NY Federal Reserve. The Treasury Department. The CIA in Langley. Wall Street houses. 

The real looters – the ruling class – are comfortably surveying the show on their massive 4K Bravias, sipping single malt.

This is a class war much more than a race war and should be approached as such. Yet it was hijacked from the start to unfold as a mere color revolution.

US corporate media dropped their breathless Planet Lockdown coverage like a ton of – pre-arranged? – bricks to breathlessly cover en masse the new American “revolution.” Social distancing is not exactly conducive to a revolutionary spirit.

There’s no question the US is mired in a convoluted civil war in progress, as serious as what happened after the assassination of Dr Martin Luther King in Memphis in April 1968.

Yet massive cognitive dissonance is the norm across the full “strategy of tension” spectrum. Powerful factions pull no punches to control the narrative. No one is able to fully identify all the shadowplay intricacies and inconsistencies.

Hardcore agendas mingle: an attempt at color revolution/regime change (blowback is a bitch) interacts with the Boogaloo Bois – arguably tactical allies of Black Lives Matter – while white supremacist “accelerationists” attempt to provoke a race war.

To quote the Temptations: it’s a ball of confusion.

Antifa is criminalized but the Boogaloo Bois get a pass (here is how Antifa’s main conceptualizer defends his ideas). Yet another tribal war, yet another – now domestic – color revolution under the sign of divide and rule, pitting Antifa anti-fascists vs. fascist white supremacists.

Meanwhile, the policy infrastructure necessary for enacting martial law has evolved as a bipartisan project.

We are in the middle of the proverbial, total fog of war. Those defending the US Army crushing “insurrectionists” in the streets advocate at the same time a swift ending to the American empire.

Amidst so much sound and fury signifying perplexity and paralysis, we may be reaching a supreme moment of historical irony, where US homeland (in)security is being boomerang-hit not only by one of the key artifacts of its own Deep State making – a color revolution – but by combined elements of a perfect blowback trifecta:  Operation Phoenix; Operation Jakarta; and Operation Gladio.

But the targets this time won’t be millions across the Global South. They will be American citizens.

Empire come home 

Quite a few progressives contend this is a spontaneous mass uprising against police repression and system oppression – and that would necessarily lead to a revolution, like the February 1917 revolution in Russia sprouting out of the scarcity of bread in Petrograd.

So the protests against endemic police brutality would be a prelude to a Levitate the Pentagon remix – with the interregnum soon entailing a possible face-off with the US military in the streets.

But we got a problem. The insurrection, so far purely emotional, has yielded no political structure and no credible leader to articulate myriad, complex grievances. As it stands, it amounts to an inchoate insurrection, under the sign of impoverishment and perpetual debt.

Adding to the perplexity, Americans are now confronted with what it feels like to be in Vietnam, El Salvador, the Pakistani tribal areas or Sadr City in Baghdad.

Iraq came to Washington DC in full regalia, with Pentagon Blackhawks doing “show of force” passes over protestors, the tried and tested dispersal technique applied in countless counter-insurgency ops across the Global South.

And then, the Elvis moment: General Mark Milley, chairman of the Joint Chiefs of Staff, patrolling the streets of DC. The Raytheon lobbyist now heading the Pentagon, Mark Esper, called it “dominating the battlespace.”

Well, after they got their butts kicked in Afghanistan and Iraq, and indirectly in Syria, full spectrum dominance must dominate somewhere. So why not back home?

Troops from the 82nd Airborne Division, the 10th Mountain Division and the 1st Infantry Division – who lost wars in Vietnam, Afghanistan, Iraq and, yes, Somalia – have been deployed to Andrews Airbase near Washington.

Super-hawk Tom Cotton even called, in a tweet, for the 82nd Airborne to do “whatever it takes to restore order. No quarter for insurrectionists, anarchists, rioters and looters.” These are certainly more amenable targets than the Russian, Chinese and Iranian militaries.

Milley’s performance reminds me of John McCain walking around in Baghdad in 2007, macho man-style, no helmet, to prove everything  was OK. Of course: he had a small army weaponized to the teeth watching his back.

And complementing the racism angle, it’s never enough to remember that both a white president and a black president signed off on drone attacks on wedding parties in the Pakistani tribal areas.

Esper spelled it out: an occupying army may soon be “dominating the battlespace” in the nation’s capital, and possibly elsewhere. What next? A Coalition Provisional Authority?

Compared to similar ops across the Global South, this will not only prevent regime change but also produce the desired effect for the ruling oligarchy: a neo-fascist turning of the screws. Proving once again that when you don’t have a Martin Luther King or a Malcolm X to fight the power, then power crushes you whatever you do.

Inverted Totalitarianism

The late, great political theorist Sheldon Wolin had already nailed it in a book first published in 2008: this is all about Inverted Totalitarianism.

Wolin showed how “the cruder forms of control – from militarized police to wholesale surveillance, as well as police serving as judge, jury and executioner, now a reality for the underclass – will become a reality for all of us should we begin to resist the continued funneling of power and wealth upward.

“We are tolerated as citizens only as long as we participate in the illusion of a participatory democracy. The moment we rebel and refuse to take part in the illusion, the face of inverted totalitarianism will look like the face of past systems of totalitarianism,” he wrote.

Sinclair Lewis (who did not say that, “when fascism comes to America, it will come wrapped in the flag and waving the cross”) actually wrote, in It Can’t Happen Here (1935), that American fascists would be those “who disowned the word ‘fascism’ and preached enslavement to capitalism under the style of constitutional and traditional native American liberty.”

So American fascism, when it happens, will walk and talk American.

George Floyd was the spark. In a Freudian twist, the return of the repressed came out swinging, laying bare multiple wounds: how the US political economy shattered the working classes; failed miserably on Covid-19; failed to provide affordable healthcare; profits a plutocracy; and thrives on a racialized labor market, a militarized police, multi-trillion-dollar imperial wars and serial bailouts of the too big to fail.

Instinctively at least, although in an inchoate manner, millions of Americans clearly see how, since Reaganism, the whole game is about an oligarchy/plutocracy weaponizing white supremacism for political power goals, with the extra bonus of a steady, massive, upwards transfer of wealth.

Slightly before the first, peaceful Minneapolis protests, I argued that the realpolitik perspectives post-lockdown were grim, privileging both restored neoliberalism – already in effect – and hybrid neofascism.

President Trump’s by now iconic Bible photo op in front of St John’s church – including a citizen tear-gassing preview – took it to a whole new level. Trump wanted to send a carefully choreographed signal to his evangelical base. Mission accomplished.

But arguably the most important (invisible) signal was the fourth man in one of the photos.

Giorgio Agamben has already proved beyond reasonable doubt that the state of siege is now totally normalized in the West. Attorney General William Barr now is aiming to institutionalize it in the US: he’s the man with the leeway to go all out for a permanent state of emergency, a Patriot Act on steroids, complete with “show of force” Blackhawk support.

We’re in the Thick of It Now – What Happens Next?

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By Michael Krieger

Source: Liberty Blitzkrieg

It’s with an extremely heavy heart that I sit down to write today’s post. Although widespread civil unrest was easy to predict, it doesn’t make the situation any less sad and dangerous. We’re in the thick of it now, and how we respond will likely determine the direction of the country for decades to come.

If the combination of peaceful protesting, looting and violence witnessed across American cities over the past few days completely caught you off guard, you’re likely to come to the worst possible conclusion about what to do next. The knee-jerk response I’m already seeing from many is to crush the dissent by all means necessary, but that’s exactly how you give the imperial state and oligarchy more power. Power it will never relinquish.

The pressure cooker situation that erupted over the weekend has been building for five decades, but really accelerated over the past twenty years. After every crisis of the 21st century there’s been this “do whatever it takes mentality,” which resulted in more wealth and power for the national security state and oligarchy, and less resources, opportunities and civil liberties for the many. If anything, it’s surprising it took so long to get here, partly a testament to how skilled a salesman for the power structure Obama was.

The covid-19 pandemic, related societal lockdown and another round of in your face economic looting by Congress and the Federal Reserve merely served as an accelerant, and the only thing missing was some sort of catalyst combined with warmer weather. Now that the eruption has occurred, I hope cooler heads can prevail on all sides.

On the one hand, you can’t pillage the public so blatantly and consistently for decades while telling them voting will change things and not expect violence once people realize it doesn’t. On the other hand, street violence plays perfectly into the hands of those who would take the current moment and use it to advocate for a further loss of civil liberties, more internal militarization, and the emergence of an overt domestic police state that’s been itching to fully manifest since 9/11.

It’s my view we need to take the current moment and admit the unrest is a symptom of a deeply entrenched and corrupt bipartisan imperial oligarchy that cares only about its own wealth and power. If people of goodwill across the ideological spectrum don’t take a step back and point out who the real looters are, nothing’s going to improve and we’ll put another bandaid on a systemic cancer as we continue our longstanding march toward less freedom and more authoritarianism.

While we aren’t going to solve everything at once, something should be done as soon as possible to at least partially address current anger and frustration.

Clearly there’s a major problem when it comes to policing in America, particularly in poor inner-city communities. Let’s start by ending qualified immunity.

Qualified immunity, created by the Supreme Court in the 1970s, shields police and other government officials from liability in civil rights lawsuits when the illegality of their actions was not “clearly established” at the time of the offense.

Attorneys representing the families of Floyd, Ahmaud Arbery, and Breonna Taylor called for policing reforms—including rolling back qualified immunity—at a press conference today…

While it may seem like George Floyd’s right to not be choked to death by a police officer would be rather obvious, the fuzzy phrase “clearly established” has evolved over time to become a pedantic and unforgiving standard. Plaintiffs are often required to go fishing for cases that match their exact circumstances, lest their lawsuit get tossed. Last year, a 9th Circuit Court of Appeals panel granted qualified immunity to an officer who, without warning, shot a 15-year-old holding an airsoft gun. 

Ending qualified immunity may seem like a small thing, but it’s an important step toward adding some accountability to those in positions of power. As it stands, power at all levels in our society largely operates above the law. This applies to politicians, national security state operatives, CEOs, Wall Street, the police, and of course, Jeffrey Epstein. Those in positions to do the most damage to society are simultaneously most immune from the consequences of their actions. This is a core systemic problem in our country, so let’s take a small step and start with qualified immunity for police officers while the opportunity exists. From there we can turn our attention to the bigger fish.

I understand my message will likely fall on deaf ears, and I’m used to things not going the way I want them to. I have no idea where society will go from here, but I know we’re at a key inflection point in our nation’s history. We can begin to turn this thing around, or we can go totally off the deep end. Try to be as creative, constructive and conscious as possible during these trying times.

That Change You Requested…?

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By James Howard Kunstler

Source: Kunstler.com

All the previous incidents of white cops killing blacks were just too ambiguous to seal the deal. Michael Brown in Ferguson, Missouri (a murky business); Tamir Rice in Cleveland (waving the BB gun that looked like a .45 automatic); Trayvon Martin (his killer George Zimmerman was not a cop and was not “white”); Eric Garner, Staten Island (black policewoman sergeant on the scene didn’t stop it); Philandro Castile, Minneapolis, (the cop was Hispanic and the vic had a gun). Even the recent February killing of jogger Ahmaud Arbery in Brunswick, Georgia, had some sketchy elements (did Arbery try to seize the shotgun?) — YouTube has scrubbed the video (?) — and then it took months for the two white suspects (not cops) to be arrested.

The George Floyd killing had none of those weaknesses. Plus, the video presented a pretty much universal image of oppression: a man with his knee on another man’s neck. Didn’t that say it all?  You didn’t need a Bob Dylan song to explain it. The Minneapolis police dithered for four days before charging policeman Derek Chauvin with Murder 3 (unpremeditated, but with reckless disregard for human life). The three other cops on the scene who stupidly stood by doing nothing have yet to be charged. Cut it, print it, and cue the mobs.

The nation was already reeling from the weird twelve-week Covid-19 lockdown of everyday life and the economic havoc it brought to careers, businesses, and incomes. In Minnesota, the stay-at-home order was just lifted on May 17, but bars and restaurants were still closed until June. Memorial Day, May 25, was one of the first really balmy days of mid-spring, 78 degrees. People were out-and-about, perhaps even feeling frisky after weeks of dreary seclusion. So, once the video of George Floyd’s death got out, the script was set: take it to the streets!

Few Americans were unsympathetic to the protest marches that followed. Remorse, censure, and tears flowed from every official portal, from the mouth and eyes of every political figure in the land. The tableau of Officer Chauvin’s knee on Mr. Floyd’s neck was readymade for statuary. Indeed, there are probably dozens of statues extant in the world of just such a scene expressing one people’s oppression over another. And yet the public sentiments early-on after the George Floyd killing had a stale, ceremonial flavor: The people demand change! End systemic racism! No justice, no peace! How many times have we seen this movie?

What is changing — and suddenly — is that now it’s not just black people who struggle to thrive in the USA, but everybody else of any ethnic group who is not a hedge fund veep, an employee of BlackRock Financial, or a K-Street lobbyist — and even those privileged characters may find themselves in reduced circumstances before long. The prospects of young adults look grimmest of all. They face an economy so disordered that hardly anyone can find something to do that pays enough to support the basics of life, on top of being swindled by the false promises of higher education and the money-lending racket that animates it.

So, it’s not surprising that, when night falls, the demons come out. Things get smashed up and burned down. And all that after being cooped up for weeks on end in the name of an illness that mostly kills people in nursing homes. Ugly as the ANTIFA movement is, it’s exactly what you get when young people realize their future has been stolen from them. Or, more literally, when they are idle and broke and see fabulous wealth all around them in the banks’ glass skyscrapers, and the car showrooms, and the pageants of celebrity fame and fortune on the boob tube. They are extras in a new movie called The Fourth Turning Meets the Long Emergency but they may not know it.

Hungry for change? You won’t have to wait long. This society may be unrecognizable in a few months. For one thing, there’s a good chance that the current violence in the streets won’t blow over as it has before. There hasn’t been such sudden, massive unemployment before, not even in the Great Depression — and we’re not even the same country that went through that rough episode. Just about every arrangement in contemporary life is on-the-rocks one way or another. Big business, small business, show business… it’s all cratering. The great big secret behind all that is not that capitalism failed; it’s that the capital in capitalism isn’t really there anymore, at least not in the amounts that mere appearances like stock valuations suggest. We squandered it, and now our institutions are straining mightily to pretend that “printing” money is the same as capital. (It’s just more debt.) Note, the stock markets are up this morning at the open! Go figure….

Change? We’re getting it good and hard, and not at a rate we were prepared for. It’s hugely disorienting. It produces friction, heat, and light, which easily becomes violence. There’s, for sure, plenty we can do to make new arrangements for American life without becoming communists or Nazis, but a lot of activities have to fail before we see how that could work. The overburden of obsolete complexity is crushing us, like Derek Chauvin’s knee on George Floyd’s neck. They were both, in their way, common men, caught in the maelstrom of metaphor. That proverbial long, hot summer we’ve heard about for so long…? It’s here.

Re-Opening the Economy Won’t Fix What’s Broken

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By Charles Hugh Smith

Source: Of Two Minds

Re-opening a fragile, brittle, bankrupt, hopelessly perverse and corrupt “normal” won’t fix what’s broken.

The stock market is in a frenzy of euphoria at the re-opening of the economy. Too bad the re-opening won’t fix what’s broken. As I’ve been noting recently, the real problem is the systemic fragility of the U.S. economy, which has lurched from one new extreme to the next to maintain a thin, brittle veneer of normalcy.

Fragile economies cannot survive any impact with reality that disrupts the distortions that are keeping the illusion of “growth” from shattering. For the past two decades, every collision with reality cracked the illusion, and the “fix” was to duct-tape the pieces together with new extremes of money-creation, debt, risk and speculative excess.

While the stock market has soared, the real world falls apart. If your region needs a new bridge built, count on about 20 years to get all the “stakeholders” to agree and get the thing actually built. Count on the cost quintupling from $500 million to $2.5 billion. Count on corners being cut as costs skyrocket, so those cheap steel bolts from China that are already rusting before the bridge is even finished? Oops. Replacing them will add millions to the already bloated budget.

Want to add a passenger stop on an existing railroad line? Count on 20 years to get it done. The complexity thicket of every regulatory agency with the power to say “no” basically guarantees the project will never get approved, because every one of these bureaucracies justifies its existence by saying “no.” Sorry, you need another study, another environmental review, and so on.

Need a new landfill? I hope you started the process 15 years ago, so you’ll get approval in only five more years. Every agency with the power to say “no” will stretch out the approval, so they have guaranteed “work” for another decade or two.

Did your subway fares double? Was the excuse repairing a crumbling system? Did the work get done on budget and on time? You must be joking, right? All the fare increase did was cover the costs of skyrocketing salaries, pensions and administrative costs. Repairs to the tracks and cars– that’s extra. Let’s float a $1 billion bond so nobody have to tighten their belts, and have riders pay for it indirectly, through higher taxes to pay the exorbitant costs of 20 years of interest on the bond.

Have you been thrown off your bicycle by the giant potholes in the city’s “bike lanes”? The city reluctantly admits that these streets that haven’t been maintained for decades–yes, decades. The city once paid for street maintenance out of its general budget, but alas, that’s been eaten up by skyrocketing salaries, pensions and administrative costs, so now we need to float $100 million bond to fund filling potholes. If all goes according to plan (ha-ha), we should be able to re-pave the streets that have been crumbling for 20 years in… the next 20 years.

These real-world examples are just four of thousands of manifestations of a broken system. Rather than make tough choices that drain power and wealth from vested interests, we simply borrow more money, in ever increasing amounts, to keep the entrenched interests and elites happy.

There are two “solutions” in the status quo: dump the debt on taxpayers or on powerless debt-serfs–for example, college students. (See chart below of the $1.6 trillion that’s stripmining student debt-serfs.) Who benefits from selling all the municipal bonds, bundled student loans, etc. to investors starving for a yield above 0.1%? Wall Street, of course.

The problem is that while debt has soared, productivity and earned income have stagnated. The statistical narrative has been ruthlessly gamed to hide the erosion of living standards, but even with the bogus “low inflation” of official statistics, wages for the bottom 95% have stagnated for decades.

Measures of productivity have also been gamed to mask the ugly reality that the vast majority of the U.S. economy is stagnating under the weight of interest payments on debt, mal-investments in speculative gambles, higher junk fees and taxes, crushing regulatory compliance, high costs imposed by monopolies and cartels and a well-cloaked decline in the quality of just about everything the bottom 95% uses or owns.

What little productivity gains have been made have been skimmed by the top 5%. Coupled with the Federal Reserve’s single-minded goosing of the one signaling device it controls, the stock market, the top 0.1% in America own more wealth than the bottom 80%.

If productivity stagnates and winners take all, the wages of the bottom 95% cannot rise. Real wealth is only created by increases in the productivity of labor and capital; everything else is phantom wealth.

The only way stagnant incomes can support more debt is if interest rates decline. Presto, the Fed dropped interest rates to near-zero a decade ago. Of course you and I can’t actually borrow millions for 0.1%; that privilege is reserved for financiers and other financial parasites and predators.

Debt-serfs were able to refinance their crushing mortgages to save a few bucks, and so they can afford to 1) take on more debt and 2) pay higher taxes to fund the ballooning public debt.

Every one of these extremes has increased the systemic fragility of the American economy. This fragility is reflected in the impoverishment of the bottom 95%, the thin line between solvency and bankruptcy, the decay of public trust in institutions run for the benefit of entrenched interests, and the quickening erosion of America’s social contract.

Re-opening a fragile, brittle, bankrupt, hopelessly perverse and corrupt “normal” won’t fix what’s broken.

 

Get Ready for an Unacceptable New Normal

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By Stephen Lendman

Source: StephenLendman.org

At times like now, ideas lying around dormant on the shelf become reality.

Economic and other crisis conditions are times when most people can be convinced to accept unacceptable policies they’d likely reject otherwise.

During and after 2008-09 economic crisis conditions, Americans were brainwashed to accept force-fed austerity, frozen wages, and loss of benefits when economic stimulus and other government help were needed.

Economic recovery was for the nation’s privileged class exclusively. 

Ordinary Americans experienced protracted hard times that may become much worse today looking ahead, the same true in other Western societies.

In his 1995 book titled, “The Rotten Heart of Europe,” noted euro expert Bernard Connolly said the following: 

“The true story of the ERM (Europe’s Exchange Rate Mechanism) has been one of duplicity, skullduggery, conflict; of economic harm done to every country and in the caste interests of the elite; of the distortions of economic logic and the dilution of political accountability,” adding:

“The implication is that increasing globalization of economic activity and mobility of production has been purposely implemented in such a way as to render already destroyed ‘nation-state(s)’ meaningless entit(ies) in economic terms.”  

Protracted “austerity will lead to social unrest” in Europe, the US or elsewhere. Hard times are fertile ground for revolutions and fascist dictatorships.

Censorship is the new normal in the US and West — speech, press, and academic freedoms at risk. Without them all other rights are threatened.

Social and conventional media, Google, and other tech giants are complicit in a campaign to suppress content conflicting with the official narrative.

Controlling the message is the hallmark of totalitarian rule. Anything conflicting with the official narrative on vital issues is considered “inauthentic behavior.”

The US already is a police state. Is martial law the next shoe to drop? Will Trump declare it if current conditions worsen?

While not included in the Constitution, Article 1, Section 9 mentions suspension of habeas, saying the following:

“The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.”

Will Trump invoke “public safety” or another pretext to take this action?

Article 1, Section 8 empowers Congress to call “forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions.”

The US military and National Guard are today’s “militia.”

Martial law suspends civil rule, replacing it with military authority under the president as commander-in-chief of the nation’s armed forces — including the National Guard when activated.

During the Civil War, Lincoln assumed dictatorial powers.

He suspended the Constitution and habeas corpus, forcefully closed courts, arbitrarily ordered arrests, conscripted US citizens without congressional consent, and closed newspapers opposing his policies.

His Emancipation Proclamation didn’t free a single slave. He wanted them deported at war’s end to maintain America as a white supremacist society.

History taught in the US at all levels of education conceals the nation’s dark side.

What happened before can happen again by presidential diktat.

According to Constitutional Law Professor Bruce Ackerman, US presidents can institute policies by executive orders, military orders, national security and homeland security presidential directives, along with other ways of circumventing Congress and the courts.

They wage illegal wars without Security Council and congressional authorization.

White House lawyers justify the unjustifiable. “They serve as authoritative judges for the executive branch, providing a legal framework for millions of civilian and military personnel as they implement executive decrees,” Ackerman explained.

Checks and balances don’t work, new ones needed, he stressed — enforced to restrain executive power-grabbing.

Following Japan’s December 1941 Pearl Harbor attack, Hawaii, not a US state at the time, was placed under martial law.

After Hurricane Katrina in August 2005, martial law was declared in New Orleans.

Throughout US history, it’s been imposed by federal or state authorities numerous times on the pretext of public safety, restoring order, or another reason.

Will Trump impose it if the US economy is reopened too soon, as apparently planned, and COVID-19 outbreaks increase greatly?

Will larger-scale outbreaks than already if occur be used as a pretext for hardening police state rule, including suspension of the Constitution and imposition of martial law?

Most of the population is locked down. Will Trump by presidential diktat order the extrajudicial arrest and indefinite detention of targeted individuals on the phony pretext of public safety and security?

This type harshness is what fascist tyranny is all about.

Is it coming ahead to the US full-blown in the form of presidential national emergency powers? 

The USA Patriot Act was written before 9/11. Is other draconian legislation on the shelf — ready to be rolled out by congressional action or presidential decree?

Is America the way it was pre-COVID-19, warts and all, to be replaced by hardened rule?

If COVID-19 abates and more greatly flares up this summer or fall will November elections be suspended or cancelled?

Whatever may unfold ahead most likely was planned by the nation’s ruling class.

It happened pre-and-post-9/11. It may be happening again now for ill, not good — including draconian mass surveillance more intensive than before, along with other police state policies.

Is a dystopian future coming for ordinary Americans, resisters subject to harsh repercussions — constitutional rights declared null and void?

What’s unthinkable may be planned and inevitable. 

Private gain must no longer be allowed to elbow out the public good

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By Dirk Philipsen

Source: aeon

Adam Smith had an elegant idea when addressing the notorious difficulty that humans face in trying to be smart, efficient and moral. In The Wealth of Nations (1776), he maintained that the baker bakes bread not out of benevolence, but out of self-interest. No doubt, public benefits can result when people pursue what comes easiest: self-interest.

And yet: the logic of private interest – the notion that we should just ‘let the market handle it’ – has serious limitations. Particularly in the United States, the lack of an effective health and social policy in response to the coronavirus disease (COVID-19) outbreak has brought the contradictions into high relief.

Around the world, the free market rewards competing, positioning and elbowing, so these have become the most desirable qualifications people can have. Empathy, solidarity or concern for the public good are relegated to the family, houses of worship or activism. Meanwhile, the market and private gain don’t account for social stability, health or happiness. As a result, from Cape Town to Washington, the market system has depleted and ravaged the public sphere – public health, public education, public access to a healthy environment – in favour of private gain.

COVID-19 reveals a further irrational component: the people who do essential work – taking care of the sick; picking up our garbage; bringing us food; guaranteeing that we have access to water, electricity and WiFi – are often the very people who earn the least, without benefits or secure contracts. On the other hand, those who often have few identifiably useful skills – the pontificators and chief elbowing officers – continue to be the winners. Think about it: what’s the harm if the executive suites of private equity, corporate law and marketing firms closed down during quarantine? Unless your stock portfolio directly profits from their activities, the answer is likely: none. But it is those people who make millions – sometimes as much in an hour as healthcare workers or delivery personnel make in an entire year.

Simply put, a market system driven by private interests never has protected and never will protect public health, essential kinds of freedom and communal wellbeing.

Many have pointed out the immorality of our system of greed and self-centred gain, its inefficiency, its cruelty, its shortsightedness and its danger to planet and people. But, above all, the logic of self-interest is superficial in that it fails to recognise the obvious: every private accomplishment is possible only on the basis of a thriving commons – a stable society and a healthy environment. How did I become a professor at an elite university? Some wit and hard work, one hopes. But mostly I credit my choice of good parents; being born at the right time and the right place; excellent public schools; fresh air, good food, fabulous friends; lots of people who continuously and reliably provide all the things that I can’t: healthcare, sanitation, electricity, free access to quality information. And, of course, as the scholar Robert H Frank at Cornell University so clearly demonstrated in his 2016 book on the myth of the meritocracy: pure and simple luck.

Commenting on how we track performance in modern economies – counting output not outcome, quantity not quality, prices not possibilities – the US senator Robert F Kennedy said in 1968 that we measure ‘everything, in short, except that which makes life worthwhile’. His larger point: freedom, happiness, resilience – all are premised on a healthy public. They rely on our collective ability to benefit from things such as clean air, free speech, good public education. In short: we all rely on a healthy commons. And yet, the world’s most powerful metric, gross domestic product (GDP), counts none of it.

The term ‘commons’ came into widespread use, and is still studied by most college students today, thanks to an essay by a previously little-known American academic, Garrett Hardin, called ‘The Tragedy of the Commons’ (1968). His basic claim: common property such as public land or waterways will be spoiled if left to the use of individuals motivated by self-interest. One problem with his theory, as he later admitted himself: it was mostly wrong.

Our real problem, instead, might be called ‘the tragedy of the private’. From dust bowls in the 1930s to the escalating climate crisis today, from online misinformation to a failing public health infrastructure, it is the insatiable private that often despoils the common goods necessary for our collective survival and prosperity. Who, in this system based on the private, holds accountable the fossil fuel industry for pushing us to the brink of extinction? What happens to the land and mountaintops and oceans forever ravaged by violent extraction for private gain? What will we do when private wealth has finally destroyed our democracy?

The privately controlled corporate market has, in the precise words of the late economics writer Jonathan Rowe, ‘a fatal character flaw – namely, an incapacity to stop growing. No matter how much it grew yesterday it must continue to do so tomorrow, and then some; or else the machinery will collapse.’

To top off the items we rarely discuss: without massive public assistance, late-stage extractive capitalism, turbocharged by private interest and greed, would long be dead. The narrow kind of macroeconomic thinking currently dominating the halls of government and academia invokes a simpleminded teenager who variously berates and denounces his parents, only to come home, time and again, when he is out of ideas, money or support. Boeing, Goldman Sachs, Bank of America, Exxon – all would be bust without public bailouts and tax breaks and subsidies. Every time the private system works itself into a crisis, public funds bail it out – in the current crisis, to the tune of trillions of dollars. As others have noted, for more than a century, it’s a clever machine that privatises gains and socialises costs.

When private companies are back up and running, they don’t hold themselves accountable to the public who rescued them. As witnessed by activities since the 2008 bailouts at Wells Fargo, American Airlines and AIG, companies that have been rescued often go right back to milking the public.

By focusing on private market exchanges at the expense of the social good, policymakers and economists have taken an idea that is good under clearly defined and very limited circumstances and expanded it into a poisonous and blind ideology. Now is the time to assert the obvious: without a strong public, there can be no private. My health depends on public health. My freedom depends on social freedom. The economy is embedded in a healthy society with functional public services, not the other way around.

This moment of pain and collapse can serve as a wakeup call; a realisation that the public is our greatest good, not the private. Look outside the window to see: without a vibrant and stable public, life can quickly get poor, nasty, brutish and short.

Why Assets Will Crash

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By Charles Hugh Smith

Source: Of Two Minds

This is how it happens that boats that were once worth tens of thousands of dollars are set adrift by owners who can no longer afford to pay slip fees.

The increasing concentration of the ownership of wealth/assets in the top 10% has an under-appreciated consequence: when only the top 10% can afford to buy assets, that unleashes an almost karmic payback for the narrowing of ownership, a.k.a. soaring wealth and income inequality: assets crash.

Most of you are aware that the bottom 90% own very little other than their labor (tradeable only in full employment) and modest amounts of home equity that are highly vulnerable to a collapse of the housing bubble. (The same can be said of China’s middle class, only more so, as 75% of China’s household wealth is in real estate, more than double the percentage of wealth held in housing in U.S. households.)

As the chart illustrates, the top 10% own 84% of all stocks, over 90% of all business equity and over 80% of all non-home real estate. The concentration of ownership of assets such as vintage autos, collectibles, art, pleasure craft and second homes in the top 10% is likely even greater.

The more expensive the asset, the greater the concentration of ownership, as the top 5% own roughly 2/3 of all wealth, the top 1% own 40% and the top 0.1% own 20%. In other words, the more costly the asset, the narrower the ownership. (Total number of US households is about 128 million, so the top 5% is around 6 million households and the top 1% is 1.2 million households.)

This means the pool of potential buyers is relatively small, even if we include global wealth owners.

Since price is set on the margins, and assets like houses are illiquid, then we can anticipate all the markets for assets owned solely by the wealthy to go bidless–yachts, collectibles, vacation real estate–because the pool of buyers is small, and if that pool gets cautious due to a drop in net worth/unearned income, there won’t be any buyers except at the margins, at incredible discounts.

As we know, in a neighborhood of 100 homes currently valued ar $1 million each, when a desperate seller accepts $500,000, the value of the other 99 homes immediately drops to $500,000.

Since few of the current bubble-era asset valuations are supported by actual income fundamentals, then the sales price boils down to a very small number of potential buyers and what they’re willing to pay.

Houses have a value based on rent, of course, but rents will drop very quickly for the same reason: prices are set on the margins. The most desperate landlords will drop rents and re-set the rental market from the margins. If demand plummets (which it will as people can no longer afford rents in hot urban markets once they lose their jobs), then vacancies will soar and rents will crash as a few desperate landlords will take $1200/month instead of $2500/month.

Due to the multi-year building boom of multi-family buildings in hot job markets (which inevitably leads to an over-supply once the boom ends), there are now hundreds of vacancies where there were once only a few dozen, and thousands where there were previously only hundreds.

As millions of wait staff, bartenders, etc. who made good money in tips find their jobs have vanished, all the urban hotspots will see mass out-migration: Seattle, Portland, the S.F. Bay Area, L.A., NYC, Denver, etc. as demand for rentals will evaporate and rents will be set on the margins by the most desperate landlords. Everyone holding out for the previous bubble-era rent will have $0 income as their units are vacant.

Tech start-ups and Unicorns are melting like ice cubes in Death Valley, and tech-sector layoffs are already in the tens of thousands. This wave of highly paid techies losing their jobs will become a tsunami, further reducing the pool of people who can afford rents of $2,500 to $3,000 for a studio or one-bedroom apartment.)

The concentration of ownership generates a self-reinforcing feedback that further depresses prices: since the top 10% own most of the assets of the nation, they are most prone to a reversal of “the wealth effect.” As their assets soared in value, the top 10% felt wealthier and more confident in future gains, enabling them to borrow and spend freely on second homes, pleasure craft, new vehicles, collectibles, luxury travel, etc.

Once even one class of assets plummets in value–for example, the recent decline in the stock market– the wealth effect reverses and the top 10% feel poorer and less confident about future gains, and thus less enthused about borrowing and spending. The demand for other costly assets quickly evaporates, further reducing the wealth of the “ownership class,” which further reduces their desire and ability to buy bubble-era assets.

The high-priced assets owned by the top 10% will be the assets least in demand due to their high cost and potential for enormous losses: nothing loses value faster in a recession that narrowly owned assets such as vintage cars, art, vacation homes, yachts, etc.

Once assets start sliding in value, the reverse wealth effect quickly dries up demand for all asset classes with narrow ownership. Since these assets are illiquid–that is, the market for them is thin, with buyers few and far between–the prices are set by a very shallow pool of buyers and desperate sellers.

Consider a pleasure craft that retails new for $120,000. In the boom era of rising stocks and housing, a used boat might fetch $65,000. But as the wealth of the small pool of households able to buy and maintain a costly craft evaporates, the number of qualified buyers evaporates, too.

The seller might be aghast by an offer of $35,000 and reject it angrily. Six months later, he’s praying someone will take it off his hands for $15,000, and in another six months, he’ll accept $500 just to get out from underneath the insurance, slip-rental and licencing fees.

This is how it happens that boats that were once worth tens of thousands of dollars are set adrift by owners who can no longer afford to pay slip fees, and vacation homes are abandoned and auctioned off for overdue property taxes: the market for these luxuries dries up and blows away, i.e. goes bidless–there are no buyers at any price.

Once housing and real estate valuations fall, that will trigger a decline in the value of all other costly, narrowly owned assets, which will reinforce the reverse wealth effect.

This is the systemic payback for concentrating ownership of assets in the hands of the few: when their bubble-era priced assets plummet in value, the bottom falls out of all assets with narrow ownership. The price of superfluous assets such as boats, vintage cars, collectibles, art and vacation homes can quickly fall to a fraction of bubble-era valuations, destroying much of what was always fictional capital.

(For more on the intrinsic fragility of a system that concentrates ownership in the hands of the few, please read Our Inevitable Collapse: We Can’t Save a Fragile Economy With Bailouts That Increase Fragility May 1, 2020.)

The Federal Reserve reckons it can “save” the bubble-era valuations of junk bonds by being the “buyer of last resort,” but it will end up being the “only buyer,” effectively making the system even more fragile and prone to collapse.

The public will eventually have to decide if the nation’s central bank should be bailing out assets owned by the financial elite while the upper-middle class watches its assets collapse in value.