FBI Special Agent Joseph Astarita indicted on federal charges related to the killing of Robert “Lavoy” Finicum – Illegal Occupation of the Malheur National Wildlife Refuge.

W. Joseph Astarita, a member of the FBI’s vaunted Hostage Rescue Team (HRT) has been indicted on multiple counts for ‘Making False Statements’ and ‘Obstruction of Justice,’ relevant to the killing of Robert “Lavoy” Finicum.

The incident is beginning to fade from public memory, but occurred when Finicum attempted to evade a law enforcement roadblock. It’s been more than a year - the illegal occupation of the Malheur National Wildlife Refuge near Burns, Oregon.  Finicum was shot and killed by an Oregon State Police Officer when he (Finicum) exited his vehicle and attempted to reach for a holstered gun – as was alleged and seemed to be convincingly portrayed on a video.

Years back, when I was a young Agent, the FBI realized that they required a force of Agents better suited and trained to deal with particularly dangerous situations.  I was one of the first Agents from my division to be selected for, what was called at the time, SWAT training.

As I recall initial preference in selection was given to former military types who volunteered; but additionally they would be required to pass a very intense physical test.  It included, but was not limited to, a two mile run, shooting and what they called ‘gladiator skills.’

Gladiator Skills consisted of a large ring, maybe 25 feet in diameter, holding two teams of five each.  The teams were required to sit back to back in the center of the ring.  When the instructor gave the signal, the fight was on.  The object was to continue fighting until one team had dragged or thrown every member of the opposing team out of the ring.  There were no particular rules.  However, for the most part, members on the opposing team were associates, even friends, so it was mostly wrestling and pushing.

As one of the bigger guys on my assigned team, I was back to back with a former collegiate football player.  So, my thought was that this is not going to go well, and would almost certainly be over rather quickly.  And, actually it was.  They blew the whistle and we all jumped up.  I backed away weighing my next incredibly inadequate move on this guy.  He came at me as if to tackle me or push me out of the ring.  Hitting me in the stomach with his shoulder, I was able to momentarily lift him off his feet and turn.  Surprisingly during this process, he stepped out of bounds; and an instructor called him “out.”  The instructor laughed like he couldn’t believe what had just happened.  It couldn’t have been more than five or ten seconds.

I was selected for one of the SWAT teams and later sent to Quantico to endure two weeks of very difficult and demanding training – lots of running, obstacle courses, orienteering, shooting, as well as all manner of physical hell.

I did excel at one test – swimming.  I had been on the swimming team in high school and always loved to swim.  It was only 100 meters (a fifty meter pool, once up and once back) – not a big deal – I first thought.  There were four or five teams from around the country.  All team members would start at the same time.  To win this particular contest, and everything was a competition between the SWAT teams, the entire team had to finish.  My team leader, who had been raised in Texas was a heck of a guy, but not a very good swimmer – an understatement.  He told me he had done all of his swimming in a ‘horse trough’ – jokingly of course; but I could see he was shaking.  The instructor yelled, “If any of you sissies feel like you might drown during the swim, you can wear a life jacket.”  Sissy or not, my team leader decided to wear the life jacket, as did maybe six or seven others.

There were a couple of additional little tweaks to the competition.  We were required to put on a fatigue shirt and pants over our swim suits.  Additionally we were required to swim the 100 meters with a shotgun attached to a strap around our necks.  Surprisingly, if you kept your head down in the water, breathing with every other stroke, the shotgun didn’t seem like that big of a deal.  The fatigues were another matter.  Nonetheless, I managed to finish first.

I was then able to take off the shotgun and fatigues and dive back in the pool to assist my team leader who, at that point, reminded me of a wounded duck, thrashing away, and making little progress.  I got a hold of him and pulled while he kicked.  Dragging his exhausted body out of the pool, one of the instructors said, “Way to go big fella.”  It made my day.  The training mission, throughout the two weeks, was to act as a team; that together the team would be stronger than the sum of any five individuals.  Team effort and spirit were often praised.

If you passed and most did, you went back to your division to continue your training; and to be utilized in the more dangerous assignments.

The point here is that, if SWAT training in my era was the equivalent of grade school or junior high, the modern HRT members are college graduates.

To be continued…

True Nelson

To visit my blog and many previous posts on various subjects, go to:  TrueNelson

Jeremy Joseph Christian murders two men and injures one on a MAX Train in Portland, Oregon.

Much has been written and reported about the Friday murders on a Portland MAX (Metropolitan Area Express) commuter train.  I have some thoughts from a law enforcement perspective.

Let’s be clear, I was not on the train.  I have no firsthand knowledge of how the incident evolved.  As I understand it…

It was a busy commuter train loaded with passengers – about 4:30PM.  Jeremy Christian was causing a disturbance.  He was loud and erratic – screaming abusive language like:  “colored people are ruining the city.”  He then seemed to turn his wrath on two young women, who he perceived to be Muslim.

Passengers, three men, attempted to intervene, trying to calm Christian down, stating that he should sit down and leave the train at the next stop.  The situation escalated quickly.  Christian pulled a knife, slashing out, ultimately killing two of the men and injuring another.  Christian then jumped off the train at the next station.  He was quickly apprehended by law enforcement.

The citizens who confronted Christian are praised as heroes.  And without doubt, their efforts to neutralize a bad situation were heroic.  However, from a perspective of a former FBI Firearms and police instructor, their actions were perhaps ill-advised.  This is not meant as criticism.  The men showed bravery.  Their intentions were noble.  I will explain my reservations.

The men, probably due to the noise and confined space on the train, approached Christian too closely and attempted to reason with him.  Christian was manic, apparently deranged and possibly under the influence of drugs.  The men’s approach made him feel diminished and ‘trapped.’

Experienced law enforcement officers know that people like Christian are not easily ‘talked down,’ especially when they have an audience.  Police recognize that someone like Christian is extremely dangerous, and they would give themselves space to maneuver – unless a situation demands otherwise.  A uniformed officer probably would have talked to Christian from five to ten feet and encouraged him to step off the train at the next stop so that they could discuss it; being careful that Christian would not perceive the situation as ‘losing face.’  At that point, an arrest could be made without endangering other passengers.

As an FBI Agent, I carried a gun on duty and off duty for several years.  If I had been on the MAX train during this incident, I would not have approached Christian.  As any citizen should, I would have called 911 advised them of the situation, asked the police to meet us at the next stop.

What would Christian have done if I had approached him, showed my FBI credentials, and told him to sit down and be quiet?  Probably, the situation would have gone from bad to worse.  Now, if he had been brandishing a knife and threatening to harm other passengers that would be a very different situation and could have, probably would have, warranted lethal force.

True Nelson

 

FBI Director James Comey; His Termination; Justified: Yes

I have some comments regarding the sudden termination of James Comey, FBI Director.  It seemed pretty clear that Director Comey had to go.  I do not, however, agree with the manner in which he was given his walking papers.  Ham-fisted.  You just don’t treat people that way.  But the President just doesn’t seem to get it.

I understand why a President, any President, under the given circumstances, would have ‘fired’ Comey.  The Director seems to have let his ego overwhelm his judgement.  I listened to all of his recent testimony before the Senate Committee; and it made me cringe.  He was loving the limelight, basking in the attention.  It was too obvious.  His statement, in consideration that he might have influenced the Presidential election in some way, had made him “mildly nauseous,” well he made me mildly nauseous.  An FBI Director simply does not talk that way.  My opinion.

Now, I must say that Comey, as I understand it, was fairly well liked in the Bureau.  Generally speaking, most who have worked with him consider him to be a good and decent man – intelligent, personable, and well versed in the law.  But those qualities do not necessarily make a good Director of the FBI.

His inevitable downfall began with his ‘prosecutive opinion’ regarding Hillary Clinton.  At that point, he apparently decided to assert his primacy over the Attorney General’s Office which is, theoretically at least, his superior.  His determination that Hillary Clinton should not be prosecuted – after describing in some detail how she was undoubtedly in violation of Federal Law – was something of a shock to those who have worked in federal law enforcement.  He stated that there was no indication of “intent.’  When the relevant statutes protecting classified information do not, for the most part, require establishing ‘intent.’  Hillary Clinton violated the law – pure and simple.  Comey should have turned that information over to the Department of Justice for them to make the decision as to whether or not they were willing to prosecute, and if not why not.

Summation:  Hillary Clinton was either ‘off the chart’ ignorant of how to handle classified information, or she purposely defied the law – feeling, I suppose, that she was above the mundanity of such laws.  I believe the latter.

After exonerating her, Comey was later trapped attempting to explain to Congress and the American public why the FBI had to reopen the investigation of Hillary, and her errant emails, right before the Presidential election.  The Weiner computer.  Whoops.  Last straw.

And, what was the genesis of all this?  Well, of course, it was the private meeting of the Master Manipulator Bill Clinton and Attorney General Loretta Lynch on the tarmac where, according to Lynch, they discussed grandchildren and golf.  How stupid do they think we are?

Sorry Mr. Comey but you allowed yourself to become collateral damage of that meeting.  It’s best that you move on.

True Nelson

Malheur National Wildlife Refuge 'Takeover' / Second Trial Convictions / My Thoughts

I’ve always had this tendency to bristle whenever someone, who has never been in law enforcement or worked in the judicial system, lays that old saw on me:  Justice isn’t always just.  But, of course, they’re right.  It’s sort of a bitter pill to swallow when you’ve dedicated a portion of your life to that profession.

Nonetheless, this brings me to the article by Maxine Bernstein in The Oregonian (March 12, 2017) –“Prosecutors Reflect on Refuge Takeover Trials.”  This article pertains to the second trial in the unlawful takeover of the Malheur National Wildlife Refuge in Harney County, Oregon by ‘armed occupiers.’

The ‘occupation,’ the ‘armed standoff,’ began in January of 2016; and ended with one of the ‘occupiers’ being shot and killed by Oregon State Police.  There was, as noted, an earlier trial of the principals, the leadership, in that stand-off.  All the defendants in the first trial (Ammon Bundy et al) were acquitted.

Ms. Bernstein asked U.S. Attorney Billy J. Williams – why the U.S. Attorney’s office pursued a second trial of lesser involved defendants when the first trial of the leadership ended in acquittals.

Williams said that the “decision to continue to pursue felony conspiracy charges against the lesser-known defendants, after last fall’s acquittal of occupation leader Ammon Bundy and six other key figures, was made between his office and Justice officials.”

And you might ask:  What’s the motivations behind that decision?  Well, there are a couple of possible explanations.

1. An ‘occupier,’ Robert ‘LaVoy’ Finicum was killed during the ‘stop’ by Oregon State Police and the FBI.  Finicum’s wife is suing the Federal government charging ‘excessive force and wrongful death,’ among other things.  She is asking for $5 million in damages for herself and for each of her 12 children.  Federal lawyers do not want to go into court and attempt to fight those charges when no one was actually convicted of a crime - principally the big seven leaders of the ‘occupation.’  It was imperative, therefore, that the government win at least some convictions and be able to trot-out some actual evidence of criminal behavior, even if those persons convicted played more minor roles.
2. Furthermore, the U.S. Attorney’s office admitted that the acquittals in the first trial (the big seven) was an “excruciating” defeat.  And, there could be an element of ‘saving face’ involved for the U.S. Attorney, the Department of Justice in D.C., and the FBI.
3. The U.S. Attorney might also allude to a responsibility for pursuing prosecutions that are owed to the citizens of Burns and Harney County who were inconvenienced in many ways.  But, I don’t think that aspect was given much weight.

When Williams was additionally asked how he accepted the two significantly different trial verdicts, he responded that, “It takes two different juries evaluating the evidence and testimony and making different conclusions.  Sometimes, that’s how this system works.’’  No mention was made that the original defendants were ‘overly charged with complex crimes,’ which seemed to turn the trial into a nuanced exercise that the jury did not find understandable or compelling.

But, to many of us, the conclusion is that:  Justice is not always just.

The following from Ms. Bernstein’s article:

Felony charges recently adjudicated in the second trial:

• Conspiracy to impede employees of the U.S. Fish and Wildlife Service and the BLM from doing their work at the refuge through intimidation, threat or force.
• Possessing a firearm in a federal facility.
• Depredation of government property.  (This was interesting.  I thought I was fairly familiar with federal violations investigated by the FBI, but I’d never heard of anything like “Depredation.”  I had to look up the word in the dictionary and found...  “An attack involving plunder and pillage.”  Wow, how would you like that on your rap sheet?)

Trial Decision Results:

• Jason S. Patrick, age 43:  Conspiracy – Guilty; Firearms – Not Guilty.
• Darryl W. Thorn, age 32:  Conspiracy – Guilty; Firearms – Guilty.
• Duane L. Ehmer, age 46:  Conspiracy – Not Guilty; Depredation - Guilty
• Jake E. Ryan, age 28:  Conspiracy – Not Guilty; Depredation - Guilty

And so it goes…

True Nelson

PS:  For those who would like to read more blog posts on this subject concerning the early 'takeover' and shooting...

January 10, 2016

January 14, 2016

January 25, 2016

January 27, 2016

February 2, 2016

President Donald Trump accuses Barrack Obama administration of ‘bugging’ the offices of Candidate Trump prior to the Election

A very interesting development – explosive in a way – President Donald Trump has accused the Obama administration of placing a ‘wire-tap’ on the offices of candidate Donald Trump – weeks before the election.

In response, Barrack Obama has quickly and formally denied involvement in any such efforts – which could potentially be considered illegal.

But, don’t be too quick to dismiss this as a Trump fantasy.

It is conceivable that the Obama administration perceived or imagined Trump’s suspected involvement with the Russians was to undermine the election.  They (the Obama administration) directed a government agency to present their suspicions, via affidavit, to the FISA Court.  This is usually done by the FBI or the NSA – but could have been presented by the United States Attorney.  Permission could then have been granted by the court; and monitoring begun.

Furthermore, the wire-tap process would require the Court to advise, in writing, the ‘target’ ninety days after the program had been terminated.  The timing seems to fit.  This information could have been just now dropped in Trump’s lap.

If true, and we don’t know at this point, someone will almost certainly be 'thrown under the bus.'  Will it be FBI Director Comey or perhaps former Attorney General Loretta Lynch?

Obama will simply deny any knowledge and will have undoubtedly prepared a contingency plan.

FISA Court:  a U S court composed of a rotating panel of federal judges that sits in secrecy to review prosecutors' requests to wiretap telephones of suspected spies and terrorists and to conduct searches.

True Nelson

Multnomah County Deputies (Portland, OR) Seize Record Haul (100 pounds) of Methamphetamine

Interesting article:  The Oregonian (Portland Oregon’s daily newspaper; 2/24/17):

“Deputies seized nearly 100 pounds of methamphetamine worth more than $2 million from two homes in Portland and Gresham.”  Guns, heroin and $30,000 in cash were also seized.  Sounds like some darn good police work on the part of the Multnomah County Sheriff’s Office.

Here’s where I have to be a little tactful – you know, in light of Portland’s Sanctuary City thing.  Nothing was mentioned in the newspaper article as to whether or not those arrested -  Alfredo Narcisco Pineda, Alejandro Lopez Gonzales or Celso Marroquin Benitez - were in the United States legally.

Yes, I’m aware that the Portland Area City and County officials would probably say that the citizenship of these three criminals (alleged) is none of the public's business and even to consider such a thing is blatantly racist.

OK, OK, I get it; but to continue…  Let’s see, how did the Multnomah County Sheriff’s Office possibly crack this case?  Could it have had something to do with the arrest of Salvador Martinez-Perez, in mid-February, when his semi 'produce' truck ran in a ditch in Sherman County (North Central Oregon)?  And, 'lo and behold,' hidden among the bell peppers was a large quantity of meth, heroine, and cocaine valued in excess of $1 million – likely en route to Portland.  Could that have been a lead?

Oh yes, and incidentally, law enforcement did opine that it is likely, in view of the vast quantity of illegal drugs and other drug paraphernalia recovered in the recent arrests, that a Mexican drug cartel is probably involved.

But, let’s be open minded…

There are probably several possibilities how this might have transpired.  I will present two for your consideration:

1)  The four individuals, mentioned above, are here illegally, have close ties to a Mexican cartel; and perhaps were sent and settled into the Portland area due to the City’s ‘welcoming’ pronouncements by City leaders.

2)  The four individuals are citizens by birth or are perhaps “Dreamers,” by President Obama’s definition – and that said four were on a college sponsored field trip to Mexico, maybe a research / study type program, when they were inadvertently introduced to a Mexican drug cartel.

I know, it’s none of my business what brought these four to Portland and whether or not they are here legally, whether they have been deported before, or why they were here in Portland in the first place; but inquiring minds want to know.  I’d like to know.

The four, and perhaps others, were undoubtedly planning to dump this poison in our communities.  Shouldn’t we know these things?

If I was a betting man, I would bet serious money that…

True Nelson

What is a ‘Sanctuary City,’ and what does that actually mean for a city like Portland, Oregon? / Conclusion

Many people, the vast majority I would venture, and particularly young people who seem so eager to demonstrate (sometimes violently) in support of Sanctuary Cities, are misinformed about why City and State Administrators often promote the concept.

I’ve been researching immigration law and the various interpretations of the law.  I started writing this long essay based on my research; but have given that up.  It became a futile and tiresome project.  Hit delete.  Start over.

So…  Let’s see…

Illegal immigration is one of those issues, like ‘guns,’ you can research and discuss the subject; but no one is actually listening.  And facts?  Eyes glaze-over.  Facts be damned.  No one cares.

We, of course, have definitive federal immigration laws.  It quite clearly is against the law for foreign nationals to enter this country illegally.  The first time is a misdemeanor, to include deportation.  The second time is a felony.

Federal, State and City administrators have often taken it upon themselves to defy or ignore said law in the name of ‘compassion,’ hence Sanctuary Cities. The ‘compassion’ justification is phony.  It is a deception.  It is a lie.

The real reason is ‘expediency.’  Take a city like Portland or San Francisco, who is going to clean the thousands of hotel/motel rooms, and do the tens of thousands of other jobs associated with keeping a City operating?  What about farm labor?  Who will do it?  As I’ve said before ‘illegals,’ generally speaking, work hard and ask little of their employers.  Well, you might ask, 'Is that a bad thing?  The ‘illegals’ make money and the city or the farm hums-along.'

That’s one way to look at it.  However, in reality it’s the hotel owners and their shareholders, agribusiness and their shareholders, as well as many other contractors and businesses who profit.  But, who often picks up the associated tab?  The taxpayers will pay to cover all manner of public services provided to the ‘illegals.’  Additionally, there is an increase in crime.  Yes, there is.  Look it up.  Research how many illegal immigrants now reside in our prison system.

Many politicians, of course, are on board with allowing ‘illegals;’ and often receive the support of those influential members of the community, stated above, who ultimately profit.

And, we can’t forget the associated benefit, ‘votes.’  ‘Illegals can’t vote,’ you might counter.  No, but many U.S. citizens of the same ethnic background do vote; and they are sympathetic to the cause.  Moreover, too many of the rest of us, have bought into the counterfeit ‘compassion’ argument that is continually put forth – and are therefore willing to, unwittingly in my opinion, go along.  ‘It’s just the nice thing to do.’

There are ways to solve the problem.  If we need more immigrants – allow more to enter legally.  If you want to stop illegal immigration, levy a large fine on anyone who hires an ‘illegal.’  Of course, there would have to be some sort of legitimate system to easily verify who is actually a citizen of the U.S. and who is not.  But, you see, that’s not going to happen any time soon.  Enforcement would create for some very rich people an inordinate increase in their overhead.  It is about, low cost, low maintenance, labor.  It is, after all, for the movers and shakers of industry much more cost-effective to purchase a politician who will support their view.

OK, you might add, 'What about all the illegals that now reside in the U.S. – many for decades?'

My response to that would be:  In that our ‘system,’ at the local, state and federal levels, not only permitted this immigration travesty, but in many ways encouraged it, our federal government should make every effort to accommodate, in some way, the honest residents who are now here illegally; but to round-up and deport the others - to include those convicted of grievous misdemeanors (crimes against persons) and all felonies – no exceptions.

To read my previous post click here.

True Nelson

What is a ‘Sanctuary City,’ and what does that actually mean for a city like Portland, Oregon? / Part 1

A ‘Sanctuary City’ or in some instances a ‘Sanctuary State’ has a stated policy to protect illegal immigrants by not enforcing federal law or cooperating with federal law enforcement agencies in immigration related enforcement.  That policy can be expressly set forth as a law or just observed in practice.

Why do cities or states do that?  The elected officials have two basic reasons that actually have little or nothing to do with compassion.  However, ‘compassion’ is the song they sing – often associated with ‘crocodile tears.’

Reason #1:  Cities have influential citizens (the political donor class) who, for business reasons, require a considerable influx of cheap, hardworking, dependable labor.  And, incidentally, it doesn’t hurt for the employer to have a little extra leverage in dealing with these workers (‘illegals’). The employers that I’m referring to are the owners and managers of hotels, motels, restaurants, construction operations of all types, as well as landscape and maintenance, ad infinitum.  Said ‘illegals’ are not normally public employees in the immediate sense, but work for the countless companies that contract with the city and / or support the tourist industry.

Reason #2:  The majority of the city’s voting constituency is in support of the ‘sanctuary city’ concept, even though the vast majority of the public does not understand what is involved, what it means, or how that might personally impact them.

The typical Mayor of a city, such as Portland’s Mayor, Ted Wheeler, would principally focus on ‘reason number one;’ because ‘reason number 2’ could be easily neutralized or eliminated by any good PR firm.  Besides ‘reason one’ is where the money is.

In my previous post, I referred to Ted Wheeler as ignorant or stupid because of some of his recent comments and his strong support for the ‘sanctuary city program;’ as well as his strident comments to defy President Trump - regardless of the potential loss of federal funds and the impact those lost funds will have on City residents.

OK, the Mayor isn’t stupid.  Well, maybe, if you want to use Forrest Gump’s definition; and perhaps I’m tending to give the Mayor too much credit.  Forrest Gump might be right.

  

FG:  “Stupid is as stupid does.”

For Reference:  My previous post.

__________

Next, I would like to discuss the law enforcement issues.

To be continued…

True Nelson

Sanctuary Cities, Portland, Oregon / Mayor Ted Wheeler / Is he ignorant or just kind of a nut?

I’d like to weigh-in on ‘sanctuary’ cities; and in support of President Trump’s current proclamations - which I understand are just temporary until the federal government can get a handle on what exactly is going on.

The associated impact of Sanctuary Cities is, without doubt, a law enforcement issue; and I believe most in the law enforcement community would agree.  Maybe, I will talk more about this down the road and how politicians attempt to spin their unlawful actions in support of ‘sanctuary cities.’

But, for now, specifically, I’d like to talk about my home city, Portland, Oregon.  They have ‘proudly’ proclaimed themselves a 'sanctuary city' – commonsense be damned.

I particularly got a good laugh out of the ‘In my opinion’ article in the Oregonian (1/29/17) by our newly elected Mayor, Ted Wheeler.  As justification for his position on keeping Portland a sanctuary city, he utilized the famous quote displayed on the Statue of Liberty:  “Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore.  Send these, the homeless, tempest-tossed to me, I lift my lamp beside the golden door.”

My suggestion is that Mayor Wheeler dig-out his underutilized college dictionary and look up the word ‘irony.’

And, then he should look out his window at the “homeless,” the “tired,” the “poor,’ the “huddled masses,” “the wretched refuse,” that currently try to survive the cold, hardships, and dangers associated with downtown Portland streets.  They are on every block of the city.  It’s a disgrace.

My question would be:  Is Mayor Wheeler just plain stupid or is he a nut?  Probably not stupid and he has many degrees to prove it.  He is, of course, playing his cards as a politician attempting to placate his base.  Everyone should recognize that politicians have one priority and it is what’s best for them.

Wheeler is a new mayor, but he knows how the game is played – albeit clumsily in this instance.  Sorry to say, he doesn’t understand how absolutely ridiculous he can sound.  That seems to be a pretty common affliction with politicians these days.

True Nelson

President Obama ignores pleas to pardon or commute the prison sentence of Leonard Peltier (Cop Killer)

Well, I was happy to see that President (now former) Barrack Obama did not, in the waning days of his administration, pardon or commute the sentence of Leonard Peltier who was convicted for the execution-style murder of two FBI Special Agents – Ronald Williams and Jack Coler.  As a result, Peltier will probably live out the remainder of his miserable life in prison – as he should.

I hope the former President understood that his decision regarding Peltier will likely compromise any future positive relationships he might have had with the likes of Robert Redford, Willie Nelson and Pamela Anderson.  But, these are the small sacrifices associated with leadership.

More information on this topic...

True Nelson

The Lionization of a ‘Cop Killer’ (Leonard Peltier) by a tax subsidized University (American University, Washington DC)

Most decent people hate to read stuff like this, much less think about it.  It sometimes seems hopeless.  What’s that?  Oh, the Leonard Peltier statue erected on the American University campus in Washington DC.  It’s an affront to all decent people, and American University should hear from us.  But, guess what, they couldn’t care less.

Ms. Rebeca Basu, Public Relations Manager for said University put forth the schools justification:

“American University regards this statue as an exhibited piece of art and takes no position on the advocacy movement. As part of a major clemency push by supporters in the final days of President Barack Obama's presidency, a 9-foot-tall statue of Native American activist and prisoner Leonard Peltier has been installed at American University Museum to raise awareness for Peltier's plight and pardon request. Peltier, convicted and sentenced in 1977 in the shooting of two Federal Bureau of Investigation agents, has maintained his innocence in the 41 years he's been imprisoned, and his conviction has been contested by leading human rights organizations in the United States and beyond.”

Ms. Basu (pictured above), who incidentally looks about 18 years old, has articulated the University’s position.  It sounds pretty harmless doesn’t it?  Did you notice how she frames her statement to illuminate (exaggerate) “Peltier’s plight” and to minimize the University's dubious motives.

Well, let’s see… ‘Peltier’s plight’ is that he is now serving a life sentence for the brutal execution style murder of two FBI Agents – which Ms. Basu passes off in a very sanitized way as “the shooting of two Federal Bureau of Investigation Agents.”  Almost sounds accidental, doesn’t it?  

Special Agents Jack Coler and Ronald Williams were working a federal case on the Pine Ridge Indian Reservation (South Dakota) – an inquiry that had nothing to do with Leonard Peltier.  As the Agents drove along, their car was ambushed from a distance by Leonard Peltier et al.  The Agents' car was quickly riddled with bullets and disabled.  Both Agents were wounded.  They tried to take cover behind their car and return fire, but all they had available were their revolvers and a shotgun.  They were outgunned and had nowhere to hide.  After sustaining numerous wounds and unable to resist any further, Peltier et al approached the Agents who were at that point unarmed and helpless.  The Agents were shot in the head at close range.  One Agent made an attempt to protect his face with his hand, an ineffective defense gesture of submission; but the bullet, of course, passed through his hand and into his face.

Here are the facts of which you should be aware…  A letter sent to American University’s President from the FBI’s Agents’ Association.  And, just who is the illustrious President (the principal decision maker) of said University?  He is Dr. Cornelius M. Kerwin, aka Neil (and pictured below).  I'm sure he is the one who gave Ms. Basu her marching orders.

December 29, 2016

American University

4400 Massachusetts Ave., NW

Washington, DC 20016-8060

Dear President Kerwin:

I write today on behalf of the FBI Agents Association (FBIAA), a voluntary professional association currently representing over 13,000 active duty and retired FBI Special Agents.

We write to express our concern regarding the decision by American University (AU) to proudly display a statue of convicted murderer Leonard Peltier in an outdoor area, and to announce that decision by repeating slanted and misleading claims about Peltiers’ murder convictions.

The message being sent by AU to FBI Special Agents and their families, past and present, and to all members of the law enforcement community, is both clear and troubling— AU has decided to advance the political arguments of activists with little concern for providing all of the facts or considering the views of law enforcement.

The fact that the display is a political statement, rather than simply a display of art, is made clear in the press materials released by AU in connection with the display.  The AU press release notes that the display is “part of a major clemency push by [Peltier] supporters” and that the installation is intended to “raise awareness for Peltier’s plight and pardon request.”

The press release from AU also includes misleading descriptions of Peltier’s case and a variety of hyperlinks to activist groups that have created a cottage industry dedicated to misleading the public about Peltier. The press release does not, however, mention the names of the murdered FBI agents, the circumstances surrounding their execution, or the exhaustive judicial process already utilized by Peltier.

The FBIAA believes that AU should remove the installation, and that AU has a responsibility to share additional facts with students and the public.

Relevant facts regarding Peltier and his convictions include:

On June 26, 1975, Leonard Peltier was involved in an unprovoked attack on FBI Agents Jack Coler and Ronald Williams while they were searching for a fugitive on the Pine Ridge Indian Reservation in South Dakota. Both agents were caught in an open field in a deadly crossfire by members of the American Indian Movement. Both agents were critically wounded and then summarily executed with rifle shots at pointblank range, killing them instantly and mutilating their faces.

Leonard Peltier was convicted of first degree murder and aiding and abetting in those murders and sentenced to two consecutive life sentences. Through well-over a dozen appeals, twice reaching the U.S. Supreme Court, every aspect of Peltier’s trial has been reviewed in minute detail and his conviction and sentence has been upheld in every instance.

Peltier has been far from a model prisoner, and would never be considered a candidate for clemency but for his status as a political celebrity. Peltier has been punished numerous times for violating prison rules. In 1978, he was involved in an armed escape from Lompoc Penitentiary, during which shots were fired at prison guards. For this post-conviction criminal act, Peltier received an additional seven-year consecutive sentence.

Peltier does not have a credible argument for clemency. One of the requirements for Executive Clemency, as described by the U.S. Attorney’s manual, is that a prisoner has accepted responsibility “for his or her criminal conduct and made restitution to its victims” and that “A petitioner should be genuinely desirous of forgiveness rather than vindication.” Peltier’s supporters, and now AU, have decided to re-litigate the Peltier case rather than satisfy this requirement. AU has repeated the familiar mix of folklore, falsehoods and out-of-context statements that are designed to both exonerate and lionize Peltier in the eyes of the public, rather than show any true remorse regarding the murders of Agents Coler and Williams.

The FBIAA is committed to protecting the Constitution, and we appreciate the right to free expression. However, with that right comes a responsibility to consider the consequences of speech. AU should not use its property to celebrate the man convicted of murdering FBI Special Agents Coler and Williams.”

PS:  One more comment from me regarding ‘freedom of speech’ and the diversity issue on campuses that seems to supersede any semblance of commonsense.

American University is proud to display a statue of Leonard Peltier (convicted cop killer), but would they do the same for someone like General Robert E. Lee?  I don’t think so.  That would be just too controversial and politically incorrect.

To read more details of this case please refer to previous posts:

   More Info Regarding Leonard Peltier (earlier post - part 1)

   More Info Regarding Leonard Peltier (earlier post - part 2)

   More Info Regarding Leonard Peltier (earlier post - part 3)

True Nelson

The Electoral College 2016 / What is it anyway? / Is it fair? / Why do we have it? / and Donald Trump

On December 19^th the Electoral College members will vote and confirm Donald Trump as the next President of the United States.  And, I must say that most Oregonians that reside in the Portland Metro area have their respective undershorts or panties in a bunch regarding that expectation; not to mention the Hillary supporters, aka liberal activists (rioters) (or as I affectionately refer to them – ‘knuckleheads'), who spent a good bit of their inordinate spare time wrecking a very liberal city (Portland).  Moreover, the majority of said ‘knuckleheads’ didn’t vote or were not even registered to vote.  However, that didn't seem to hold any particular sway with them.  And, incidentally, said rioters will not, for the most part, be prosecuted because around here we are very protective of free speech – even when it includes significant taxpayer dollars lost (in the millions) for property damage and police overtime.  No one was killed you understand.  And, boys and girls (as they say) will be boys and girls.

So here we are.  The new target (temporarily) is the Electoral College.  Liberal activists are hoping that the appointed Electors will revolt and turn the process on its head.  If so, the Electors by showing their disapproval of the process, which they previously volunteered for (including swearing an oath), will as a result throw the Presidential election into chaos.

The Electoral College:

Unfortunately, most voters do not know much about the Electoral College and I’ve done some research that may be helpful.

How is the number of Electors for each State established?

Each State gets the number of Electors equal to the State’s number of members in the U.S. House of Representatives plus their two Senators.  Washington DC (not a state) also gets three Electors.  Each State has a minimum of three – correlated to two Senators and one Representative.  Puerto Rico and other U.S. territories do participate and vote in the Presidential primaries, but do not vote or participate in the actual election.

It is important to note that the number of Representatives to Congress is designated by the associated State’s population – not the number of registered voters and not the number of actual U.S. citizens in the State – it is the population overall based on the census at which time everyone is counted.

There are approximately 2.7 million residents in California designated as being illegal, about 7% of that State’s population.  Those illegals are counted toward awarding California its apportioned Congressional Representatives – even though the 2.7 million are in this country illegally.  For perspective, the 2.7 million illegals are equivalent to approximately 70% of Oregon’s entire population.  So, what’s the point?  Could it be that California actually has more Congressional Representatives and also Electors than it should have?

We live in a Democracy, or do we?

Yes, I understand that Clinton won the popular vote; but lost the Electoral vote.  And, many claim we live in a democracy – so what’s up with that?  Perhaps a technicality to some; but (surprise) we don’t live in a pure democracy.  We live, and have always lived since this Country was founded, in a ‘Democratic Republic.’  What’s the difference?  Well, it’s time you looked it up.  The Electoral College is emblematic of a ‘Democratic Republic.’  Pure democracies can become tyrannies where 51% of the population dictates to the 49% (some have described it as ‘mob rule.’)  The U.S. Constitution, in many respects, was written to protect the 49%, the minority – and that is a standard that most of us would agree is a good thing.  Am I wrong?

To be continued…

True Nelson