Defamation Laws v. President Trump

The El Paso shooter left a 4 page manifesto laying out his political and society position(s) on several topics including the Hispanic invasion. He also addressed fake news and that Trump did not have anything to do with his evil decisions to go on a killing rampage. So, Cloudflare fired one of it’s customers, 8Chan. The shooter’s manifesto was posted on 8Chan. A cyber site known as ZDNet among others reporting the termination of 8Chan had it the subtitle the following: “8Chan has harbored a community of hate” (in part). No argument there.

Okay, yet consider the words ‘harbored a community of hate’. In a review of media and politicians, it is beyond dispute that they too have harbored a community of hate.

Image result for victims of mass shootings

Senator and presidential candidate Kamala Harris often has called President Trump a ‘predator‘.

Senator Cory Booker declared on Meet the Press that Trump is responsible for El Paso shooting.

Mayor Pete Buttigeig along with Elizabeth Warren and Julian Castro and others have said the same thing.  These politicians created the phrase ‘white nationalism’ to describe Trump and Trump supporters.

Bernie Sanders too? Yes.

While being one of the moderators of the Democrat debate, Don Lemon of CNN twice called Trump a racist. Not to be left out is the New York Times and for sure the Washington Post.

So we have yet another ‘community of hate’ and is anyone challenging these politicians or media to look inward and ask if they are complicit is all this?

So, what about defamation laws? Glad you asked. Consider the following:

What is Defamation?

Defamation is a common law tort, governed by state law, in which an individual makes a “publication” of a defamatory statement of and concerning the plaintiff that damages the reputation of the plaintiff. Defamation comes in two forms: slander and libel. Slander involves the oral “publication” of a defamatory remark that is heard by another, which injures the subject’s reputation or character. Libel is the written “publication” of a defamatory remark that has the tendency to injure another’s reputation or character.

What are the elements of a cause of action for defamation?

The elements of a defamation suit; whether slander or libel, are:

1. A defamatory statement;

2. Published to a third party;

3. Which the speaker knew or should have known was false;

4. That causes injury to the subject of the communication

So, just how many are really creating more hate and division and the manifestation of this into the full landscape of domestic tranquility or the that matter even when it comes to global relations between the United States and countries across the world?

Active shooters and deadly ambushes on soft targets where very innocent people die is the result of all this high octane rhetoric by some many. Evil pulled the trigger(s). Evil is a form of mental defect. See something say something? Okay, that does often work when it comes to public safety and nabbing criminals. Great. Yet here is another suggestion for a layered approach. How about the cyber wing of our government, suggesting the NSA create a search algorithm that searches online sites including dark parts of the web like that of 8Chan to flush out evil as spelled out in the El Paso shooter’s manifesto? Google, Facebook and Twitter all created and apply these kinds of software tactics. Suggesting the NRA is to blame is without basis, suggesting Trump is to blame is without basis, suggesting that white nationalism is to blame is without basis.

There is no single cure to this community of hate. There must be a layered approach, so having a cogent summit and plan is suggested. After the Parkland shooting, the Trump White House did host a summit and several approaches were suggested including a state by state Red Flag law system to keep schools safe.

How do you legislate away hate that may turn deadly? You don’t but politicians and media must become introspective in this community of hate.

For more consideration is the recent item published by the LA Times. In part:

For two years, we’ve been studying the life histories of mass shooters in the United States for a project funded by the National Institute of Justice, the research arm of the U.S. Department of Justice. We’ve built a database dating back to 1966 of every mass shooter who shot and killed four or more people in a public place, and every shooting incident at schools, workplaces, and places of worship since 1999. We’ve interviewed incarcerated perpetrators and their families, shooting survivors and first responders. We’ve read media and social media, manifestos, suicide notes, trial transcripts and medical records.

Our goal has been to find new, data-driven pathways for preventing such shootings. Although we haven’t found that mass shooters are all alike, our data do reveal four commonalities among the perpetrators of nearly all the mass shootings we studied.

First, the vast majority of mass shooters in our study experienced early childhood trauma and exposure to violence at a young age. The nature of their exposure included parental suicide, physical or sexual abuse, neglect, domestic violence, and/or severe bullying. The trauma was often a precursor to mental health concerns, including depression, anxiety, thought disorders or suicidality.

Second, practically every mass shooter we studied had reached an identifiable crisis point in the weeks or months leading up to the shooting. They often had become angry and despondent because of a specific grievance. For workplace shooters, a change in job status was frequently the trigger. For shooters in other contexts, relationship rejection or loss often played a role. Such crises were, in many cases, communicated to others through a marked change in behavior, an expression of suicidal thoughts or plans, or specific threats of violence.

Third, most of the shooters had studied the actions of other shooters and sought validation for their motives. People in crisis have always existed. But in the age of 24-hour rolling news and social media, there are scripts to follow that promise notoriety in death. Societal fear and fascination with mass shootings partly drives the motivation to commit them. Hence, as we have seen in the last week, mass shootings tend to come in clusters. They are socially contagious. Perpetrators study other perpetrators and model their acts after previous shootings. Many are radicalized online in their search for validation from others that their will to murder is justified.

Fourth, the shooters all had the means to carry out their plans. Once someone decides life is no longer worth living and that murdering others would be a proper revenge, only means and opportunity stand in the way of another mass shooting. Is an appropriate shooting site accessible? Can the would-be shooter obtain firearms? In 80% of school shootings, perpetrators got their weapons from family members, according to our data. Workplace shooters tended to use handguns they legally owned. Other public shooters were more likely to acquire them illegally. Go here for the full article.

How About Consulting FBI and SOCOM on Immigration

Homeland Security and Homeland Defense cannot be divided, one relies on the other.

For starters, the FBI has had a long term operation in Central America. The FBI declares the gang operations for instance in El Salvador does affect public safety in America.

“Many of the gang members committing these homicides are 13-, 14-, and 15-year-olds,” he explained, “and every day there are new members coming in.”

“We aren’t facing a group of youths who are rebelling, but a very structured organization conducting criminal activities,” said Luis Martinez, El Salvador’s attorney general and the country’s highest ranking law enforcement officer. “They are using military-grade weapons, and they are using them against the police, military, and prosecutors.”

MS-13 and 18th Street gang members have gained a foothold in numerous U.S. cities, including Los Angeles, Boston, Houston, Charlotte, Newark, and the Northern Virginia suburbs of Washington, D.C. They commit a variety of crimes—mainly trafficking drugs and extorting individuals and business owners—and they maintain strong ties to Central America.

The program is called Central American Law Enforcement Exchange (CALEE).

The success of the Central American Law Enforcement Exchange (CALEE) program hinges on bringing together U.S. and Central American law enforcement officers who share a common cause in the fight against violent transnational gangs. During the most recent CALEE, an important new partner was added to the group—prosecutors.

“We have seen that when prosecutors and investigators work together from the outset, cases tend to have more successful outcomes,” said Special Agent Grant Mann, who helped plan and administer CALEE 2015, the sixth session since the program began in 2009.

In the U.S, it is typical for FBI agents and prosecutors to sit down at the beginning of an investigation to discuss possible charges and investigative strategies. Historically, that collaborative process is less common in Central America—but thanks to programs such as CALEE, it is gaining acceptance.

***

At Joint Task Force-Bravo which is located at Soto Cano Air Base, Hondura, the task force supports training engagements, counterdrug missions and humanitarian and disaster relief efforts in Central America.

Southern Command continues support for Guatemala’s counter trafficking efforts, human rights efforts and future U.S. military engagement activities. Guatemalan police unit and an interagency task force – both focused on countering illicit traffickers in the nation in cooperation with the U.S. military.

Additionally, in El Salvador we have partnerships that provides key support to regional counter illicit trafficking efforts. The U.S. military has a Cooperative Security Location hosted at Comalapa International Airport where U.S. aircraft fly missions to detect, monitor and track aircraft or vessels engaged in illicit drug trafficking in the region.

File photo of the Curacao/Aruba Cooperative Security Location. (U.S. Air Force photo)

The CSLs are not bases.  They are tenant activities on existing airfields whose purpose is to support CTOC missions (see more on SOUTHCOM’s role in Countering Transnational Criminal Organizations).

U.S. Southern Command oversees the operations from the CSLs.  The Key West, Fla.-based Joint Interagency Task Force South coordinates U.S. aircraft usage and operations.

From these locations, U.S. detection and monitoring aircraft fly missions to detect, monitor and track aircraft or vessels engaged in illicit drug trafficking. The unarmed aircraft offer unique surveillance capabilities that support and compliment the counter-drug efforts of partner nation law enforcement agencies. (Note: Host nation officials are responsible for decisions to interdict suspected traffickers within their borders/airspace, and U.S. law enforcement agencies lead interdiction efforts in international waters.)

U.S. military, Drug Enforcement Agency, U.S. Coast Guard and U.S Customs personnel operate from the CSLs to support the U.S. aircraft and to coordinate communications and information.   More here.

The House Armed Services Committee is chaired by Democrat Adam Smith. Back in May of 2019, Chairman Smith admitted several crisis conditions in Central America, the Southern border and Latin America. This included the flow of migrants and the flaws of the asylum laws. However, Congressman Adam Smith still blames the Trump White House for the cause of the crisis.

There continues to be particular focus and resource attention on Venezuela which does affect other neighboring countries. Southern Command leader Adm. Faller declares that Iran, China and Russia exacerbate the problems not only in Venezuela but also in Central America. This rogue foreign actor declaration was also validated by other national security experts in the hearing, noting Kathryn Wheelbarger, acting assistant defense secretary for international security affairs and Kenneth Rapuano, assistant secretary for homeland defense and global security.

Wray’s Senate Testimony on China

Two significant items that prove Chinese espionage activities in the United States: a) Chinese Talent Plan b) Corporate Party Cells

This website has published several articles regarding the Chinese propaganda operation in the U.S. public school system and up to and including the university level.

As part of the Chinese mission to steal intellectual property beyond the insertion of censorship, culture and propaganda, China has at least two other successful objectives, the talent plan and the party cells.

China’s New Talent Policy: Objectives and Opportunities ...

A 5 page summary document on the talent plan is found here.

(U) Chinese Talent Programs are a vital part of Chinese industry. Talent programs recruit experts to fill technical jobs that drive innovation and growth in China’s economy. National, provincial, and municipal talent recruitment programs provide opportunities for experts to work in industry and academic organizations supporting key areas deemed critical to China’s development. The talent programs recruit experts globally from businesses, industry, and universities with multiple incentives to work in China. Associating with these talent programs is legal and breaks no laws; however, individuals who agree to the Chinese terms must understand what is and is not legal under US law when sharing information. A simple download of intellectual property (IP) or proprietary information has the potential to become criminal activity.

(U//FOUO) The large number of foreign students, researchers, scientists, and professionals in the United States, combined with current technological capabilities, allows foreign governments to contact and recruit individuals with the hopes to acquire advanced technology without research costs. While the majority of the population are law abiding individuals, anyone has the capability to acquire information. The theft of information can come from current or former employees, business partners, consultants, contractors, temporary hires, foreign agents, suppliers, or even vendors who have access to proprietary information. Read on here.

Per the applied website:

China initiated “the Recruitment Program of Global Experts” (known as “the Thousand Talents Plan”) since the end of 2008, under which it would bring in overseas top talents to China over the next five to ten years. Relying upon National Key Innovation Projects, National Key Disciplines and National Key Laboratories, central SOEs and state-owned commercial and financial institutions, and various industrial parks( mainly the high-tech development zones), this plan called for strategic scientists or leading talents who can make breakthroughs in key technologies or can enhance China’s high-tech industries and emerging disciplines.

By the end of May 2014,more than 4180 overseas high-level talents have been introduced in “1000 Talent Plan” by 10 times. When they go (back) to China, they are playing a positive role in the scientific innovation, technological breakthrough, discipline construction, talent training and hi-tech industry development, as an important force in the construction of the innovative country.

***

May Day Story: Chinese Government’s Communist ‘Party Cells ...

As for the Party cells, China, Inc. meaning all Chinese corporations/businesses are to have a department or cell within the company that is a mobilized team ensuring all business activities and employees adhere to the Communist Party mandates.

In November, at the most important Communist Party meeting, which takes place every five years, Mr. Xi called on officials to strengthen the party in “government, the military, society and schools, north, south, east and west.” The message was quick to reach party members lower down in the ranks.

Soon after Mr. Xi’s speech, party officials in the central province of Hunan issued a notice to members instructing them to write the party into legal documents for private and state-owned companies alike. The document was accidentally made public when a local state-owned newspaper published it, but it was quickly taken down.

***

In July, executives from more than a dozen top European companies in China met in Beijing to discuss their concerns about the growing role of the party in their local operations, Reuters reported.

One senior executive whose company was represented at the meeting told Reuters some firms were under “political pressure” to revise terms of their joint ventures with state-owned partners to allow the party the final say over business operations and investment decisions.

The business component with the party cells is quite important to consider when there is Chinese investment in the United States. When it comes to foreign applications, the U.S. Treasury may need to alter the approval process for all things China inside the United States given the history of theft. As for schools and business, it may be a consideration for the Chinese government to put up an export bond. Consider this is all going on as China defense industry is now the top arms maker ahead of all Western military contractors and manufacturers.

How About the Katyn Trials for Starters?

Since revisionist history is commonplace, few either know about the Nuremberg trials or remember the details. A book published years ago and finally translated in English titled ‘ Judgment in Moscow’ written by Vladimir Bukovsky asks the very question of why no Nuremberg type trials for the Soviets or Russians. In full disclosure, only recently I interviewed Mr. Bukovsky who has been living in England.

After the fall of the Soviet Union, Mr. Bukovsky returned to Russia and traced documents proving the horrific crimes of the Soviets. In a prisoner swap, Mr. Bukovsky was later released from a Soviet prison. He knows full well the human rights atrocities of the Soviet Union and modern day Russia. Included are concentration camps, torture and genocide but outright murder cannot go unpunished. Someone please tell the New York Times to quit being so sympathetic with Moscow…anyway…..how about the Katyn massacre for starters?

This massacre happened in 1939 during the Soviet invasion of Poland when the Soviets massacred 8000 Polish military officers and an estimated 6000 police officers and hundreds of regular citizens. There are at least 8 mass graves in the Katyn forest holding the remains of Polish nationals killed by the NKVD, otherwise known as the Peoples Commissariat for Internal Affairs. A great case for real reparations for sure.

It’s been 5 years since MH17 was shot down, killing 298 people.

Why no arrests, trial or prosecutions?

In May 2018, the international team of investigators concluded that a Russian military missile was responsible for bringing down the plane, and showed photo and video evidence.

Australia and the Netherlands then formally blamed Russia for the crash, concluding that it was likely the missile system was brought to the region to support the separatists.

mh17 suspects  International investigators have accused Igor Girkin, Sergey Dubinskiy, Oleg Pulatov, and Leonid Kharchenko of the missile attack on Malaysia Airlines Flight MH17. Dutch national police/YouTube

The three Russians formally worked for Russia’s military intelligence agency, the GRU, investigators said. The JIT intends to try the four suspects in The Netherlands in March 2020 on murder charges — though the men have not yet been apprehended. Russia maintains that the investigation is baseless and that the accusations “discredit Russia in the eyes of the international community.”

Credit video

Why are the dozens of Russian deaths committed in Britain, Ukraine, United States and in Russia all forgotten?

How about a few names you ask?

Vitaly Churkin

Petr Polshikov

Alexander Litvinenko

Oleg Erovinkin

Alex Oronov

Matthew Puncher

Mikhail Lesin

Anna Politkovskaya

Natalia Estemirova

Boris Nemtsov

Boris Berezovsky

Paul Klebnikov

Sergei Yushenkov

Nikolai Glushkov

There is an unresolved case that dealt with a nerve agent called novichok where at least two former Russian spies were poisoned.

Seems no world leaders including the United States has the will to host any kind of trial. What is the fear? Well for more context and perspective, read here.

Russia has veto power at the United Nations, so is this the reason the UNHRC, the Human Rights Council at the UN just ignores it all too? Shame on world leaders.

 

 

Close the Camps Protests Scheduled Nationally

Here we go: Go to Closethecampsnow dot org to get the information.

This Tuesday, July 2, while members of Congress are home for the Fourth of July holiday, we will gather at their local offices in protest. Our demands:

  1. Close the Camps
  2. Not One Dollar for Family Detention
 and Deportation
  3. Bear Witness and Reunite Families

Will you join a local Close the Camps protest near you this Tuesday, July 2? Find an event and bring everyone you know.

***

Meanwhile, just published:

ICE Removals by Arresting Agency: FY2019 Q2 (01/01/2019 - 03/31/2019)

Statement attributable to Nathalie R. Asher (ICE Executive Associate Director) – The enforcement statistics from January-March 2019 illustrate that U.S. Immigration and Customs Enforcement is committed to arresting and removing unlawfully present aliens, with criminal histories, who threaten public safety and endanger immigrant communities. During this time period, more than 85 percent of aliens arrested by ICE Enforcement and Removal Operations officers, and more than 91 percent of aliens removed from the interior of the United States, had received criminal convictions or pending criminal charges.

The situation at the border continues to impact interior enforcement, with ERO personnel routinely detailed to support the processing and detention of arriving aliens. Administrative arrests of criminal aliens over the first two quarters of FY19 are down 14 percent versus the same time period in FY18. And, ICE removals stemming from U.S. Customs and Border Protection apprehensions have increased 10 percent in the first two quarters of FY19 over FY18. The agency is dedicated to using its authorities to enforce U.S. immigration laws, and ICE officers will continue to conduct enforcement humanely, respectfully and with professionalism.

ICE Removals by Arresting Agency: FY2019 Q2 (01/01/2019 – 03/31/2019)
Arresting Agency Convicted Criminal Pending Criminal Charges Other Immigration Violator Total
Total 34,960 6,024 22,556 63,540
CBP 19,281 2,512 20,708 42,501
ICE 15,679 3,512 1,848 21,039

Editor’s Note: The arrest and removal statistics provided in this announcement include preliminary data. Official numbers can vary slightly from preliminary data depending on when statistics are reported and collected. Enforcement data is not considered final and static until the end of the fiscal year.

***

How bad is it really?

For months, Democrats denied the illegal immigration crisis at the southern border, with Sen. Chuck Schumer, flanked by House Speaker Nancy Pelosi, going so far as to accuse President Donald Trump of working to “manufacture a crisis, stoke fear and divert attention from the turmoil in his administration.”

The president, on the other hand, has made the situation on the southern border a top priority, in January declaring it both a “humanitarian and security crisis,” and stressing it ever since. Read the full summary here.