Timothy D. Naegele's  Instablog

By Timothy D. Naegele[1]

Tragedies have struck again and again, with women and young students being killed at Sandy Hook Elementary School in Newtown, Connecticut; at Columbine High School in Columbine, Colorado; and elsewhere. The loss of these lives was senseless and unfathomable; and enormous pain and shock waves have been visited upon our great nation. Advocates of gun control believe it is the solution. However, the killer at Sandy Hook used his mother's weapons; and she apparently knew that his mental health issues were a potential powder keg, but she could not stop him and he killed her too. Also, at essentially the same time as the Sandy Hook killings, 22 children and one adult were injured by a knife-wielding man outside a primary school in central China as students were arriving for classes.[2]

Guns do not kill; people do. Criminals and wackos can get their hands on guns and other weapons and commit violence, and there is nothing that can be done to prevent them-except to stop the crimes before they are committed, owing to mental health treatment, better intelligence and law enforcement. These are violent times, which will only get much worse between now and the end of this decade; and lots of innocent people will suffer globally.[3] However, such killings must be placed in perspective: abortions and auto accidents kill far more in America than guns do. Indeed, there is no comparison. Also, the FBI has reported that all homicides committed using firearms have been declining.[4]

The Second Amendment to our Constitution states in pertinent part:

[T]he right of the people to keep and bear arms [] shall not be infringed.[5]

It is part of the American culture, which is protected; and the Constitution will not be changed in this regard. Indeed, gun sales have been rising because Americans want the ability to defend themselves as crime increases in our country, which will only get worse as the budgets of law enforcement decline during the balance of this decade.

Also, violence is glorified on TV and in films worldwide. If Americans truly want to reduce or eliminate violence (e.g., "copycat" murders), the depiction of violence should be banned. It instills the wrong values in the kids of this world. And there is no question that Hollywood promotes and glorifies violence.

America's resident, angry Narcissistic Brit, Piers Morgan, has been trying to change our culture-which he does not understand-by crusading for gun control, despite the low ratings of his CNN talk show, which replaced the legendary, unflappable Larry King. Hopefully Morgan returns permanently to the UK as soon as possible, and stops "preaching" in our country.[6]

As American lawyer, conservative social and political commentator Ann Coulter has noted:

Only one public policy has ever been shown to reduce the death rate from [multiple-victim shootings]: concealed-carry laws.

The effect of concealed-carry laws in deterring mass public shootings was even greater than the impact of such laws on the murder rate generally.

Someone planning to commit a single murder in a concealed-carry state only has to weigh the odds of one person being armed. But a criminal planning to commit murder in a public place has to worry that anyone in the entire area might have a gun.[7]

On a personal note, I was a U.S. Army Infantry Officer during the Vietnam War, and I was trained with guns and know how to use them. However, I gave away my father's duck-hunting weapons, and do not like the idea of any weapons being around. Accidents can and do happen. However, I understand why so many Americans want them for hunting, and for their own protection.

Lastly, it bears repeating: abortions and auto accidents kill far more than guns do in the United States. Abortions should be banned, and auto accidents should be curbed, if Americans and others truly want to deal with deaths instead of merely spouting rhetoric as Piers Morgan does.

© 2012, Timothy D. Naegele

[1] Timothy D. Naegele was counsel to the United States Senate's Committee on Banking, Housing, and Urban Affairs, and chief of staff to Presidential Medal of Freedom and Congressional Gold Medal recipient and former U.S. Senator Edward W. Brooke (R-Mass). He practices law in Washington, D.C. and Los Angeles with his firm, Timothy D. Naegele & Associates, which specializes in Banking and Financial Institutions Law, Internet Law, Litigation and other matters (see www.naegele.com and http://www.naegele.com/naegele_resume.html). He has an undergraduate degree in economics from UCLA, as well as two law degrees from the School of Law (Boalt Hall), University of California, Berkeley, and from Georgetown University. He is a member of the District of Columbia and California bars. He served as a Captain in the U.S. Army, assigned to the Defense Intelligence Agency at the Pentagon, where he received the Joint Service Commendation Medal. Mr. Naegele is an Independent politically; and he is listed in Who's Who in America, Who's Who in American Law, and Who's Who in Finance and Business. He has written extensively over the years (see, e.g.,www.naegele.com/whats_new.html#articles), and can be contacted directly at tdnaegele.associates@gmail.com; see also Google search:Timothy D. Naegele

[2] See http://www.enniscorthyguardian.ie/breaking-news/world-news/22-children-hurt-in-knife-attack-3325857.html

[3] Whether it is (1) Elizabeth Smart who was abducted from her Salt Lake City, Utah, bedroom, or (2) Jaycee Lee Dugard who was kidnapped in Northern California at the age of 11 and was found alive 18 years later after having given birth to two children fathered by the man who kidnapped her, or (3) sweet Madeleine McCann who disappeared in May of 2007 when she was on holiday with her British parents and twin siblings in the Algarve region of Portugal, or (4) the attack that took place at the shopping center in Southern California where I bought an Apple laptop that I am using to type this-which is across the road from where my son and his family used to live-this is a violent world in which innocent people (especially women) are preyed on by wackos.

See, e.g., http://latimesblogs.latimes.com/lanow/2012/12/shots-fired-at-fashion-island-mall-lockdown-in-place.html; see also http://naegeleblog.wordpress.com/2012/02/07/poverty-in-america/ ("Poverty In America") and http://naegeleblog.wordpress.com/2010/09/27/the-economic-tsunami-continues-its-relentless-and-unforgiving-advance-globally/ ("The Economic Tsunami Continues Its Relentless And Unforgiving Advance Globally") and http://naegeleblog.wordpress.com/2010/07/30/illegal-immigration-the-solution-is-simple/ ("Illegal Immigration: The Solution Is Simple")

[4] As of the date that this article was published, more than 1.2 million abortions had taken place in the United States this year alone.

See http://www.numberofabortions.com/; see also http://en.wikipedia.org/wiki/Abortion_in_the_United_States

Last year, motor vehicle deaths in U.S. totaled 32,367.

See http://en.wikipedia.org/wiki/List_of_motor_vehicle_deaths_in_U.S._by_year

By comparison, it has been reported:

[T]he most recent data suggests gun violence is declining in the United States.

The number of homicides committed using firearms dropped from 2006 to 2010, according the FBI's Uniform Crime Report.

In 2010, 8,775 homicides using firearms were reported to the FBI. In 2006, 10,225 homicides using firearms were reported to the FBI.

See http://www.newsnet5.com/dpp/news/local_news/investigations/fbi-crime-reports-show-homicides-using-firearms-dropped-in-usbetween-2006-and-2010

[5] See http://www.law.cornell.edu/constitution/second_amendment

[6] See http://newsbusters.org/blogs/noel-sheppard/2012/12/19/piers-morgan-calls-pro-gun-advocate-unbelievably-stupid-dangerous-you

[7] See http://www.humanevents.com/2012/12/19/ann-coulter-we-know-how-to-stop-school-shootings/

As a lawyer-friend of mine commented, after reading and recommending Coulter's article:

I think one of the jurisdictions that is pretty satisfied with concealed carry laws is [the District of Columbia, or Washington, D.C.], where a lot of the minority women carry weapons when they live in unsafe areas.

. . .

The bad guys aren't as likely to bother them as they were before many of them started carrying.

By Timothy D. Naegele[1]

The users of Google's Gmail were just forced to adopt its newest version, whether they wanted to do so or not. They were never given a choice, although they were warned that it was coming and given temporary "opt-outs" of the impending switch-which lasted only a brief period of time. Then boom, it happened. All of a sudden, the time-tested, simple and elegant version was swept aside, and in its stead is the "ugliest of uglies."

There is an old adage: "If it ain't broke, don't fix it." Simply put, this means that change for the sake of change does not make good sense. If there is no evidence of a real problem, and fixing the "problem" would not improve the product or service, then don't waste time and energy trying to fix it. Microsoft changes Office to sell more products; however, only true geeks understand the changes, much less completely.

What seems clear is that Google-like Microsoft-does not care about what its customers think or want. Indeed, it may be in the process of morphing into Microsoft or worse, inter alia, because Google does not provide customer support or any interface with its Gmail users directly. The new version seems to be the latest example of Google's "geeks gone mad with power." The company might have given its users the option of staying with the old version, but this was not to be. Imposing the new version was a crude exercise of raw power, which is not a good omen for long-time supporters and lovers of Google.

Many of us have been with the company and supported its products almost from Day One, when it began with a simple search engine that has not changed-at least from the perspective of its loyal, non-geek users-which undergirds its astonishing success. This rather inauspicious and humble beginning has resulted in its owners becoming rich beyond their wildest earthy dreams, because of customer loyalty. I advertised with Google, and was given advanced access to Gmail many months before it was available publicly; and I loved it, and sent "invitations" to others who began using it as well.

Sadly, Gmail is no longer what it was. Google may be headed in the direction of Microsoft, a company that stopped caring about its users many years ago, and instead has shoved products down their throats that were hopelessly flawed, like its Vista operating system. Rather than change Gmail completely, Google might have tweaked it with changes that constituted "incremental refinements."

Even Microsoft does not kill off earlier versions of Word for the Mac, which I have been using for about 20 years. Granted one cannot open documents created with them unless the older versions of the software have been retained, but anything is possible. After using Office (and Word) 2008 for the Mac successfully, I became a member of a Microsoft advisory group relating to the next version, Office 2011-called the "Office for Mac Advisory Panel"-and I was given a copy when it was first released. To my great surprise, its Word software would not open documents created with the previous version, Word 2008. I brought this to the attention of Microsoft's Mac team, and never heard from them again.

Customer support like this drives the "faithful" away, who feel cheated and "used." However, Google has gone a step farther and mandated the use of Gmail's newest incarnation. One might think that the company would have learned from the fact that its time-tested search engine's customer interface has not changed, while ill-fated Google products such as Chromebooks and Knols have never gained much of a consumer following and are disappearing. Also, Google does not address problems with its Chrome browser.

At the opposite end of the spectrum, in terms of customer service and satisfaction, are WordPress, FedEx, Costco and Canon-which go out of their way to keep things simple and help their customers, who inevitably become dyed-in-the-wool, enthusiastic advocates for the businesses, and spread the "gospel" about them far and wide. While Google has not succumbed to the level of disdain enjoyed by Microsoft yet, its heavy-handed changes with respect to Gmail and other similar actions may take the company in that direction and beyond.

Ultimately, customers might spurn its products; however, like Microsoft, Google's owners and management may not truly care. IBM followed that arrogant path years ago, and suffered greatly because of it. Other companies have come and gone completely. Will this be Google's fate?

© 2012, Timothy D. Naegele

[1] Timothy D. Naegele was counsel to the United States Senate's Committee on Banking, Housing, and Urban Affairs, and chief of staff to Presidential Medal of Freedom and Congressional Gold Medal recipient and former U.S. Senator Edward W. Brooke (R-Mass). He practices law in Washington, D.C. and Los Angeles with his firm, Timothy D. Naegele & Associates, which specializes in Banking and Financial Institutions Law, Internet Law, Litigation and other matters (see www.naegele.com and http://www.naegele.com/naegele_resume.html). He has an undergraduate degree in economics from UCLA, as well as two law degrees from the School of Law (Boalt Hall), University of California, Berkeley, and from Georgetown University. He is a member of the District of Columbia and California bars. He served as a Captain in the U.S. Army, assigned to the Defense Intelligence Agency at the Pentagon, where he received the Joint Service Commendation Medal. Mr. Naegele is an Independent politically; and he is listed in Who's Who in America, Who's Who in American Law, and Who's Who in Finance and Business. He has written extensively over the years (see, e.g.,www.naegele.com/whats_new.html#articles), and can be contacted directly at tdnaegele.associates@gmail.com; see also Google search:Timothy D. Naegele

By Timothy D. Naegele[1]

The truth has begun to come out about the federal prosecution of former United States Senator Ted Stevens of Alaska. In an article entitled, "Inquiry slams prosecution of Stevens corruption case by Justice Department," the Washington Times reported:

Justice Department prosecutors bungled the investigation and prosecution of Sen. Ted Stevens, a probe that was permeated by the "systematic concealment of significant exculpatory evidence," in some instances intentionally, that would have independently corroborated his defense and testimony, a court-ordered report released Thursday says.

In a blistering 514-page report, Special Counsel Henry F. Schuelke III said Justice Department prosecutors never conducted a comprehensive review of evidence favorable to the Alaska Republican and failed to disclose to defense attorneys notes of witness interviews containing significant information.

The report also says two federal prosecutors intentionally withheld and concealed significant information from the Stevens defense team that would have seriously damaged the testimony and credibility of the government's key witness.

Months after a jury convicted Stevens in October 2008 of accepting and concealing money for home renovations and other gifts, the report says, a new team of prosecutors discovered, in short order, that some of the exculpatory information had been withheld. At that point, it says, the Justice Department moved to set aside the verdict and dismiss an indictment with prejudice.

New prosecutors were assigned after U.S. District Judge Emmet G. Sullivan, in a stunning rebuke, held two prosecutors in contempt for failing to comply with the court's order to disclose information to Stevens' attorneys and to the court regarding allegations of prosecutorial misconduct, which were made after trial by an FBI agent who worked on the case.

In throwing out the case against Stevens, Judge Sullivan said, "For nearly 25 years, I've told defendants appearing before me that in my courtroom they will receive a fair trial and I will make sure of it. In nearly 25 years on the bench, I have never seen anything approaching the mishandling and the misconduct I have seen in this case."

. . .

The Schuelke investigation lasted two years and involved the examination and analysis of more than 128,000 pages of documents, including the trial record, prosecutors' and agents' emails, FBI reports and handwritten notes, and depositions of prosecutors, agents and others.

. . .

Since the Stevens case was dismissed, [Justice Department spokeswoman Laura Sweeney] said, the department has instituted a "sweeping training curriculum for all federal prosecutors and has taken "unprecedented steps" to ensure that prosecutors, agents and paralegals have the necessary training and resources to properly fulfill their discovery and ethics obligations.

"Justice is served only when all parties adhere to the rules and case law that govern our criminal justice system," she said. "While the department meets its discovery obligations in nearly all cases, even one failure is one too many.

"But it would be an injustice of a different kind for the thousands of men and women who spend their lives fighting to uphold the law and keep our communities safe to be tainted by the misguided notion that instances of intentional prosecutorial misconduct are anything but rare occurrences," she said.

Kenneth L. Wainstein, counsel for Alaska federal prosecutor Joe Bottini, said the nation's criminal justice system is based on principles of fairness and due process and the fundamental requirement that criminal accusations should be leveled only when a person intentionally violates the law and not when one simply makes mistakes.

. . .

The Schuelke report does not recommend that any criminal charges be brought, but blames prosecutors for intentionally withholding and concealing evidence.[2]

It is another travesty and miscarriage of justice that the wrongdoers within the so-called "Justice Department" have not been subjected to criminal prosecution, convicted, and sent to prisons-where true justice will be meted out-instead of getting "slaps on the wrist" for their criminal conduct.

While Judge Sullivan's words and actions have been commendable, the Stevens case is not an isolated incident of the Criminal Division's wrongdoing. Tragically, adequate resources do not exist to ferret out the depth of the Criminal Division's wrongdoing, or to bring its corrupt lawyers and others-such as FBI agents-to justice.

At best, Sweeney's comments constitute lies, obfuscation and a perpetuation of the Criminal Division's cover-up of the systemic corruption within its ranks. The same thing is true of Wainstein's comments.

As I have written:

[A]buse of our criminal justice system by prosecutors is "unreal" today. According to one civil trial attorney with years of experience, it is akin to "KGB material"-as rogue prosecutors go after innocent people and try to convict and imprison them.

. . .

"[L]awyers who are prosecutors are often less interested in fairness and justice than they are in winning at all costs, and exercising their raw power and hurting others in the process-such as those who are innocent but are convicted anyway."

. . .

And I added:

"A federal official with reason to know told me that between 15-20 percent of the indictees in federal courts are probably innocent. Some are seniors who have been charged with cheating the Social Security program, and they are scared to death, so they agree to plea bargains rather than fight for their innocence."

Anyone who honestly thinks that prosecutors are advocates of truth and justice is living in a "Mary Poppins," fantasy world, and knows nothing about how our legal system really operates. The truth about this system is not found by watching TV shows or films. Indeed, it is seldom if ever discussed or written about, yet it is often said-by lawyers-that the only thing separating prosecutors from guilty criminals is the "badge."

Lastly, how many innocent people have been wrongly executed for crimes they did not commit? Even more startling may be the number of innocent people who have been wrongly convicted and imprisoned. Perhaps the best remedy for such abuses is to have the "guilty" prosecutors incarcerated; and let justice be meted out with respect to them, by those in prisons.[3][4]

In a long-overdue editorial entitled, "Department of Injustice"-and subtitled, "Prosecutors in the Stevens case deserve severe sanctions"-the Wall Street Journal added:

Something is very rotten at the U.S. Department of Justice. No other reasonable conclusion can be drawn from an independent report on the 2008 prosecution of then-Senator Ted Stevens.

. . .

Most damaging to Justice's credibility is that, three years after Judge Sullivan set aside the guilty verdicts against Stevens, the department still hasn't disciplined the men and women involved. Nor has it instituted harsher penalties for future abuses. Attorney General Eric Holder told a Senate committee last week that a separate internal inquiry at Justice is almost done, but he would not promise to make all the results public.

Speaking of public scrutiny, you've probably never heard of Matthew Friedrich, Rita Glavin, Brenda Morris, Joseph Bottini, James Goeke or Edward Sullivan. But maybe more people should know them, and learn the various roles they played in a prosecution that not only trampled on the rights of the accused, but denied the people of Alaska a fair election and literally shifted the balance of power in the U.S. government.

. . .

Guilty verdicts against the Republican Stevens arrived less than two weeks before Election Day in 2008, causing the previously popular Senator to lose a close race to Democrat Mark Begich. Mr. Begich would go on to provide the 60th Senate vote to pass ObamaCare in 2009.

Virtually the entire case against Ted Stevens hinged on the testimony of the government's star witness, VECO Corporation CEO William Allen. To protect his credibility, prosecutors withheld from the defense evidence that he had suborned perjury in a separate criminal investigation. Nor did prosecutors say a word in court when, according to the report, Mr. Allen offered testimony that the prosecution knew to be false.

The government's seven-count indictment for false statements accused Stevens of accepting free home renovations from Mr. Allen's company and then not reporting these gifts on federal disclosure forms.

Mr. Stevens and his wife said they had paid $160,000 for the renovations and as far as they knew that was the total cost of the work. What the prosecutors learned in interviewing witnesses-but never shared with the defense-is that even the foreman on the job site shared the Stevens' understanding that they had been appropriately billed for all the work. Instead of sharing this evidence supporting Stevens's defense, prosecutors selectively quoted the foreman to make it appear as if he had said the opposite, and they used his comments to falsely attack Stevens.

. . .

It would be nice to think these abuses were rare lapses. But we wonder what else we might learn if every DOJ prosecution was subjected to a review like the one Judge Sullivan wisely demanded.

. . .

Americans hand prosecutors an awesome power-the power to destroy fortunes and futures, and in this case to reallocate national political power. We are seeing a pattern of abuse of this power, in order to win big cases. To help prosecutors remember that their job is to do justice and not simply to beat the defense team, there should be automatic and severe penalties for Brady violations. Prosecutors could also be required to turn over more raw data with potentially exculpatory evidence, except in cases where it threatens national security or endangers witnesses in a criminal case.

Mr. Holder claims to have addressed the problems in the Stevens case by expanding training programs and the like. But as the nation's chief law enforcer, he should know that harsh punishment is the appropriate response when anyone violates the rights of a citizen as badly as prosecutors did in the Stevens case.[5]

Why should anyone be the least bit surprised that the Justice Department's Criminal Division is corrupt? Like the fish rots from the head down, the Criminal Division does as well. Anyone who differs with this conclusion has never dealt with the Division, its lawyers, or their injustices.

© 2012, Timothy D. Naegele

[1] Timothy D. Naegele was counsel to the United States Senate's Committee on Banking, Housing, and Urban Affairs, and chief of staff to Presidential Medal of Freedom and Congressional Gold Medal recipient and former U.S. Senator Edward W. Brooke (R-Mass). He practices law in Washington, D.C. and Los Angeles with his firm, Timothy D. Naegele & Associates, which specializes in Banking and Financial Institutions Law, Internet Law, Litigation and other matters (see www.naegele.com and http://www.naegele.com/naegele_resume.html). He has an undergraduate degree in economics from UCLA, as well as two law degrees from the School of Law (Boalt Hall), University of California, Berkeley, and from Georgetown University. He is a member of the District of Columbia and California bars. He served as a Captain in the U.S. Army, assigned to the Defense Intelligence Agency at the Pentagon, where he received the Joint Service Commendation Medal. Mr. Naegele is an Independent politically; and he is listed in Who's Who in America, Who's Who in American Law, and Who's Who in Finance and Business. He has written extensively over the years (see, e.g.,www.naegele.com/whats_new.html#articles), and can be contacted directly at tdnaegele.associates@gmail.com; see also Google search:Timothy D. Naegele

[2] See http://www.washingtontimes.com/news/2012/mar/15/inquiry-slams-prosecution-stevens-case-justice-dep

[3] See also http://www.usatoday.com/news/washington/story/2012-02-06/ted-stevens-prosecutors-justice-department/52922922/1 ("Taxpayers pay to defend prosecutors in Ted Stevens case")

[4] See https://naegeleblog.wordpress.com/2011/01/03/the-american-legal-system-is-broken-can-it-be-fixed/#comment-1700 (emphasis in original)