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Excerpted from Howard Phillips Issues & Strategy Bulletin of May 31, 2000
Q: WHY DO "LOCAL" POLICE REPORT TO FEDERAL BUREAUCRATS -- INSTEAD OF DULY ELECTED LOCAL OFFICIALS?"Miami Mayor Joe Carollo fired the city manager yesterday, just days after the mayor demanded the firing of the police chief for not warning him about the raid to seize Elian Gonzalez.
"Mr. Carollo had asked City Manager Donald Warshaw to fire Police Chief William O'Brien, saying he 'lost all confidence' in the chief for not telling him that federal agents were about to raid the Gonzalez home early Saturday. ...
"Only the city manager can fire the police chief, and Mr. Warshaw has said he wouldn't do it, setting the stage for the confrontation. The police chief is answerable only to the city manager.
"The police chief knew an hour in advance of the 5:15 a.m. raid, but has said he didn't want to tip off the mayor, who unlike Chief O'Brien, is Cuban-American and had openly sided with the Cuban boy's Miami relatives."
CONGRESSIONAL APPROPRIATIONS HAVE UNCONSTITUTIONALLY UNDERMINED LOCAL ELECTORAL ACCOUNTABILITY --- BECAUSE "HE WHO PAYS THE PIPER CALLS THE TUNE"
"'This was a police issue, not a political issue,' Chief O'Brien has said.
"The mayor also is demanding Chief O'Brien's firing for letting the police department's second in command, Maj. John Brooks, get involved in the raid.
"Maj. Brooks rode in the van that whisked Elian away. Police said Maj. Brooks did so in order that other police officers on duty at the house would realize that it was an official action. Officers on the scene had only a moment's notice of the raid.
"Days before the raid, the mayor had declared that Miami police officers would not help federal agents remove the boy from the Little Havana home." Source: Washington Times, 4/28/00, p. A14
RENO'S JUSTICE DEPARTMENT SUES TO TERMINATE LOCAL CONTROL OF POLICE
Darlene Hutchinson, Publications Editor for the Law Enforcement Alliance of America (Shield, Winter-Spring 2000, p. 22), writes that "A legal battle is now being waged in U.S. District Court in Columbus, Ohio, pitting the legal weight and limitless financial resources of the U.S. Justice Department against that town's right to control its own police department."
JANET WANTS LOCAL COPS WHO DON'T OBEY CLINTON POLICIES TO RETURN FEDERAL GRANT MONEY
"At stake is no less than the fate of local agencies everywhere to control their own destinies versus an emerging pattern by the Clinton Justice Department aimed at federalizing municipal police departments, not to mention the states-rights concerns and the blurring division between the branches of government. ...
"[S]ince Columbus and the police union have decided not to sign the consent decree, the Department of Justice has filed a lawsuit against the city to recoup all federal grant money awarded over the years. Some would call this extortion.
"Bill Capretta, president of the Capitol City Lodge No. 90 of the Fraternal Order of Police in Columbus, says the lawsuit is the 'latest step in a Justice Department campaign to impose federal (law enforcement) standards on police departments nationwide.' ..."
FEDERAL MONEY ALWAYS HAS STRINGS ATTACHED
"Many have asked how the federal government could threaten to recoup grant money spent years ago by local administrators; what authority do they have to extort the local police? In fact, these powers were vested in DOJ by the 1994 Omnibus Crime Act.... Now in accordance with the authority derived from this act, the federal government has deemed the city of Columbus incapable of correcting such 'wrongdoing.'
"So, essentially, any department which has accepted any federal grant money, and whose actions could be construed as inappropriate by a DOJ official (often a White House appointee), and who won't give in when faced with a 'consent decree,' may have to pay back the millions of federal dollars accepted and spent over the years (which could include everything from COPS grants, to money from 'violence against women' legislation, to victims funding, training money, etc.)."
CLINTONISTAS TARGET 12 CITIES
"Incidentally, The Columbus Dispatch reports that no less than 12 other cities nationwide are the focus of similar investigations...."
Family Research Council's Washington Update (4/28/00) reports that "Fidel Castro said that the U.S. agents 'did it well.' Referring to photographs from the operation, Castro said, 'You can see obviously that the people were well-trained.' However, like one true friend to another, amid all of his words of admiration, the master of these kinds of tactics was kind enough to offer Reno some advice for improvement. Castro suggested that U.S. officials erred by allowing photographs of the raid, noting that they should have foreseen that they would be used in 'a war of images.'
"Castro echoed Reno's explanation that U.S. officials used heavy weapons because there might be weapons in or near the house. On the other hand, commentator George Will observed that 40 percent of American households have guns, calling it noteworthy that federal agents managed to hit a house that didn't have any. Doing so would be much easier in Cuba. There gun ownership is illegal, allowing Castro to blather, 'We do it with unarmed people.'"
CASTRO'S DISARMED POPULACE MAKES INTIMIDATION EASIER
John Rice adds from Havana (Washington Times, 4/28/00, p. A14) that "Cuban President Fidel Castro says if his agents had raided a house to retrieve Elian Gonzalez, they would have gone in unarmed. ...
"But in Cuba, where gun ownership is illegal, 'we do it with unarmed people,' Mr. Castro said. 'That is within our idiosyncrasy and our habit that one has to risk one's life.' Cuban border guards were trained to board vessels unarmed, he said."
Excerpted from Howard Phillips Issues & Strategy Bulletin of April 30, 1998
Paul Craig Roberts observes in The Washington Times (3/26/98, p. A18) that this month "Reps. Joseph McDade, Pennsylvania Republican and John Murtha, Pennsylvania Democrat, introduced a bill, the Citizens Protection Act of 1998, H.R. 3396, to protect U.S. citizens from frameups by the Justice Department."
ALL POWER TO THE PROSECUTORS?"Mr. McDade notes that there are Justice Department employees who engage in questionable conduct without penalty and without oversight, using the full weight and power of the U.S. government. A win-at-all-costs attitude blinds them into suppressing exculpatory evidence, falsifying evidence, misleading grand juries, and other misconduct which most of the time goes unpunished...."
MORE THAN 7,000 U.S. ATTORNEYS"A former assistant U.S. attorney described to me the extraordinary decline in prosecutorial ethics he has witnessed during his career. He laid the blame on the war on drugs, which resulted in the almost overnight expansion of the number of assistant U.S. attorneys from 1,200 to more than 7,000. There were not enough seasoned people to fill the posts, and the influx overwhelmed the ability of the Justice Department to inculcate a respect for justice and the majesty of law as opposed to a win-at-all-costs attitude favored by the younger law school graduates.
"Congress has worsened the situation by giving ambitious prosecutors even more weapons, such as the tyrannical asset forfeiture laws. These ill-considered and abusive laws permit people's homes and property to be confiscated on surmise alone without proof of wrong-doing. Indeed, most people who lose their property are never charged with any crime...."
EXPENSIVE LAWYERS KEEP VICTIMS OF PROSECUTORIAL ABUSE FROM JURY TRIAL PROTECTIONS"[T]rials are no longer a check on prosecutorial misconduct, because only about 5 percent of cases ever go to trial. Few defendants can afford the staggering fees of a trial and, thus, find themselves swept up in a system in which defense lawyers and prosecutors alike are accustomed to high-volume processing of plea bargains, almost regardless of the merits of each case."
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