The criminal case of Amanda Knox and Raffaele Sollecito is, for all intents and purposes over.
The political circus is just beginning.
April 6, 2009, 3:32 a.m.: The quaint Italian town of L’Aquila, just 114 miles from Perugia, was struck by a 5.8 magnitude earthquake. 297 people died.
October 22, 2012: In an event which sent shock waves around the world, the earth moved in Italy yet again when six Italian seismologists were arrested and charged with manslaughter for not predicting the L’Aquila earthquake. Incredulous experts from around the world testified that earthquakes are scientifically unpredictable at this point in the history of mankind—a fact disputed nowhere on earth, except one Italian courtroom. The scientists were convicted and sentenced to 6 years in prison—each. The main damage in this quake was to six innocent seismologists and the justice system of Italy.
The courts in L'aquila were devastated. In more ways than one.
Certainly, Italian ‘justice’ has a history of preying on its own good people. The Italian Inquisitions of the 1500’s and 1600’s are infamous for the persecution of people propounding scientific truth. The legendary scientist and astronomer Galileo, for example, fell afoul of the inquisition for espousing certain theories of Copernicus; in particular, the theory that the earth rotated around the sun—which it did and still does. A lot of people are unaware that Galileo died under house arrest in Italy. 1,250 other people are alleged to have been executed for similar “heresy” during this time. One would hope that nearly 600 years later, Italian justice would have improved. One would be wrong.
Tragically, on March 26, 2013, another feudal judicial decision was handed down when the Italian Court of Cassation, the Italian equivalent of the U.S. Supreme Court, failed to formally affirm the full appellate exoneration of Amanda Knox and Raffaele Sollecito, regardless of the fact that their innocence is almost as widely accepted and scientificlly proven as Copernicus’ theory.
Sadly, this is not an isolated anomaly. Italy is displaying with frightening regularity a type of vendetta-based ‘justice’ many are calling ‘medieval.’ In 1999, the very same Court of Cassation which failed to accept Knox and Sollecito’s proven innocence, ruled in a rape case that women wearing tight jeans cannot be raped. This was not the decision of a little back-water town judge remember, this was the Italian Supreme Court. The logic was based on the apparently inescapable conclusion that tight jeans could not be removed from a woman by an attacker. I suppose their conclusion is that man can predict earthquakes, but it is a physical impossibility for him to remove a woman’s jeans. The court ruled tight jeans could not be removed “…without the collaboration of the person wearing them.” I’m not making this up.
However, just this last summer, the Court of Cassation outdid themselves; they ruled that it is a crime to tell someone “You don’t have the balls.” Seriously. That this case even got to the supreme court in Italy is mind-boggling and indicative of the juvenile/macho mentality of most of the judiciary there. Their decision is incomprehensible. The court found that the phrase inherently implied “…a lack of determination, competence and consistency – virtues which, rightly or wrongly, continue to be regarded as suggestive of the male gender.” This raises a question I’m sure it would take a legal scholar and a Ouija board to answer: Would it be a crime to tell a woman “You don’t have the balls?” One could only assume it would depend on whether she was wearing tight jeans or not.
In the Knox/Sollecito case, a prosecutor (Giuliano Mignini) under indictment (ultimately convicted and sentenced to 16 months in prison) created an incredibly complex, imagination-based case against two innocent kids in order to, according to many experts, shield himself from conviction or even further prosecution. During the Italian Inquisition of the 15th and 16th centuries, the main charges besides heresy were sorcery, immorality and witchcraft. And Mignini’s allegations against Knox? She was a “strega” (witch) and she engaged in “satanic sex rituals.” Sounds vaguely familiar, no? Also familiar is the fact that no evidence existed to support the claims of either the inquisition or Mignini. Sometimes the more things change, the more they stay the same.
Mignini lied about evidence in public, violated any rule of evidence which did not support his case (in reality, nothing supported his case) and got a conviction he apparently hoped would raise no eyebrows. He was wrong.
When the case was appealed--almost automatic in Italy, where half of all cases are reversed on appeal--the first action of the appeals court was to order that Mignini’s “evidence” be reviewed by independent experts. Italy is not completely devoid of honorable justices; they are simply in the minority. The judge in this appeal had to be imported from northern Italy near Austria in the hopes that he would be free of bias. He was. He not only allowed modern science into the courtroom, he ordered it there.
DNA which prosecutor Mignini had claimed implicated Knox and Sollecito was found to have never existed, was intentionally or incompetently attributed, or so badly read that Mignini’s ‘experts’ couldn’t even tell gender by reading DNA. The police forensic investigation in this case made the Keystone Kops look like CSI New York. In a stinging rebuke, the appellate judge and jury not only exonerated Knox and Sollecito, but declared that the evidence didn’t simply fail to prove their guilt, but that it actually proved their innocence. The two kids were released after four years of unjust imprisonment. And that is where it should have ended.
But in Italy, as opposed to most democracies, a prosecutor can appeal even a “not guilty” verdict. In Italy, a prosecutor can keep re-trying a case until he gets a conviction. This ‘2 out of 3’ jurisprudence results in a kind of “rock, paper, scissors” legal system, where even evidence as solid as a rock can be rendered moot by a single sheet of paper. Mignini appealed the ‘innocente’ verdict, and the Court of Cassation rendered a verdict as stunning in its ignorance as the failure to predict the earthquake decision.
At this moment, news outlets are providing incomplete or inaccurate information on the case. To set the record straight, I would like to point out certain facts which are true at this moment:
Amanda and Raffaele’s exonerations have not been vacated. By Italian law, they are still adjudicated innocent persons.
No retrial has yet been ordered.
Not until the Court of Cassation releases their “Motivations” document in approximately 70 days or so will any decision have the affect of law. Retrial is a possibility, of course, but so is limited re-examination of certain pieces of evidence not already reviewed by the independent authority. There is no indication that the court has in any way challenged the validity of the independent authority’s review of the main pieces of discredited ‘evidence’ which led to the exoneration in the first place.
There is no indication that the court rejected any of the findings of the appellate court, their questions actually centering on why more of Mignini’s supposed “evidence” was not reviewed by independent sources. Still, the decision reminds me very much of the 1972 Olympic Basketball gold-medal game in which the Americans, leading the Russian team by 3 at the end of regulation, twice had the clock reset to 3 seconds by the Russian referees, until the Russians “won” on a miracle shot. 40 years later, nobody but the Russian team and referees believe that they won
The Americans celebrate after they had won the game the second time. (They lost after the third time Russian referees inexplicably put time back on the clock.)
Absent more interference, however, any retrial would still favor Knox and Sollecito because:
A retrial would be removed from the feudal, Mignini-controlled town of Perugia, and placed in Florence. Perugia has the judicial integrity of 1963 Selma, Alabama. Knox and Sollecito's exonerations on appeal were only possible because a judge and jury were brought in from out of town due to the bias of the locals.
The city of Florence knows Mignini. They are the city that indicted him and convicted him of malfeasance, sentencing him to 16 months in prison.
Regardless of the outcome of the trial, however, not a soul seriously believes that Amanda Knox will ever spend another day in an Italian prison. Double jeopardy, corrupt prosecutors, absence of witnesses or credible evidence, perjury by the police, and the requirement that Giuliano Mignini present his case in an American federal court (which actually requires evidence, truth, and fairness) make the prospect of extradition at the request of a kangaroo court the stuff of Mignini’s dreams.
Pratillo Hellman, the judge in the Knox/Sollecito appeal stands by his and the jury's unanimous decision to exonerate Knox and Sollecito, saying that there was absolutely no evidence of the involvement of the two in the crime. He also stated that he expected that the court of cassation would overturn his verdict, due to its close ties with the prosecutor.
Ultimately, regardless of the results of this modern inquisition, Amanda will never serve another unfair day in an Italian prison. The case, therefore has significance only to certain people:
1. Prosecutor Mignini, still trying valiantly to clear his name of malfeasance and false prosecution charges while waiting on his retrial decision.
2. The sadly deceived family of the innocent victim who have put their faith in a crooked prosecutor and a carnivorous Italian lawyer desperate for a share of a settlement from the wealthy Sollecito family.
3. The sadly imbalanced, anonymous, basement-dwelling anti-Knox bloggers in Great Britain and America who have drunk the Kool-Aid of the prosecutor to the dregs and are focused more on hate than justice. This case will, for several more years give imagined purpose to their otherwise sad existence.
4. Raffaele Sollecito, who is at this writing still a citizen of Italy and vulnerable to the whims of a judiciary largely based on innuendo.
In case the reader perceives this article as an indictment of Italy or the Italian people, let me assure you that is not the case. Since the appalling ruling came down, I have received texts, phone calls, E-mails and social media communications from prominent, published Italian forensic scientists, professors, DNA specialists, criminal profilers and lawyers, decrying the decision and offering their pro-bono assistance to the Knox family. Indeed, after the exoneration of Knox in October, 2011, I spent two days with Amanda in Italy and witnessed an almost non-stop stream of Italian citizens apologizing (sometimes tearfully) for what happened to her. They hugged, they kissed and they smiled. They know what its like to live under that system. The Italian people deserve a better justice system. They deserve more Judge Hellmans.
While Amanda is in no real danger of ever being forced to submit to the corrupt Italian justice system again, (it’s a different story for Italian citizen Raffaele Sollecito), she can’t just do what the 1972 Olympic Men’s basketball team did and simply boycott a corrupt proceeding. They refused their silver medals and did not attend the medal ceremony.
Amanda can't do that. She has to spend money to defend her name. It’s just a shame that two innocent kids got robbed. Again. It took the Russian referees three tries to steal the honest victory from the Americans in Munich. It may take even longer for the Italians to steal Amanda and Raffaele’s “innocence.” That’s the sad part. Nobody but the Russians doubt that the Americans won the 1972 Olympic Gold Medal, and nobody but Italians, the ignorant and the malignant doubt that Amanda and Raffaele are innocent.
Why then didn’t the Court of Cassation do the honorable and right thing and affirm the appellate decision? Why didn’t they act bravely and decisively? Why didn’t they exonerate two good kids in the face of overwhelming evidence of their innocence? Why didn’t they display the --in their own words--“determination, competence and consistency” which are suggestive of their own male gender?
Are they corrupt?
It seems to me that they just didn't have the balls.
Recently, the American public has been the eye-witness to a dark and horrible tragedy which sadly, can be attributed to little else but skin color. The Trayvon Martin case.
The formula is painfully obvious by now: Fear that a crime had been committed and the police were going to be of no help, combined with feeling of individual empowerment led to action before all the facts were known. I’m speaking, of course, of the rallies calling for George Zimmerman’s arrest and conviction.
Zimmerman is likely guilty of manslaughter, if not murder. I am NOT arguing that he is innocent. Nor am I arguing that he is guilty. Zimmerman killed because he believed that he was right and didn’t need to wait for the authorities to do what was needed. This is a form of vigilantism. But many in the nationwide rallies are doing the same thing.
I am not surprised that there are people like George Zimmerman around. That’s not the issue in this case; the issue is the failure of a police department to act in a responsible manner, and the drumbeat for Zimmerman’s “arrest and conviction” at rallies around the United States. Calling for arrest, while premature, is understandable. Calling for a conviction is vigilantism. The facts are simply not known. As an FBI agent, even when I knew every fact there was to know; the court still decided whether the person was guilty; not me. This case has become tragically polarizing. It’s like the O.J. Simpson case, where evidence inexplicably appeared to break on lines of race. Both sides are suffering from extremism at their fringes. This case pushes all the standard liberal v. conservative buttons: Guns, race, the South, police, and prejudice. It's an absolute goldmine for people like Al Sharpton and Rush Limbaugh.
While it APPEARS to me that Zimmerman killed Trayvon without any real legal justification, I am troubled by the calls (from people like Al Sharpton) for Zimmerman's conviction and punishment. There is one incontrovertible, undeniable and obvious fact when any person calls for Zimmerman's "conviction": The person who uttered those words has prejudged the case. Prejudge is, of course, the root word for prejudice.
From a law enforcement point of view, it is hard to argue self-defense when Zimmerman appears to have chased down an unarmed man and confronted him in what appears from the phone tapes to be a very aggressive manner. Why he was allowed to possess a concealed weapon after an arrest for assaulting an officer, why he could carry a gun after domestic violence allegations is incomprehensible to me. If I had to make an educated guess, I'd say he's guilty of at least manslaughter and possibly 2nd degree murder. But that's why we have courts and juries. All the facts are not in yet, it has not been before a judge or a jury (all of the things we fight and die for), and nothing is certain. O.J. Simpson was exonerated on much more substantial evidence of his guilt than exists for Zimmerman's guilt.
The point is this: WE JUST DON'T KNOW ALL THE FACTS YET! Even if we did, we're not the jury.
That said, it would be hard to mismanage a case worse than the Sanford Police Department has this one. A man was killed; and there is ample evidence that Zimmerman may have committed a crime, yet nothing was done--not even a cursory investigation, it appears. Even if the police had been pursuing an indictment or arrest, they told nobody. When a case begins to have a life of its own and the public has been given enough facts to feel resentment (justified or not), it is incumbent upon the authorities to completely inform the public on their actions and the reasons for their actions, if for no other reason than to prevent frustration, outrage and mass demonstrations.
However, with the exception of the shooting itself, there is nothing more troubling about this case than the demands from some immoderate people (e.g. Al Sharpton) for Zimmerman's "arrest" and "conviction." Not a thorough investigation; an "arrest and conviction." In the late 1800's and early 1900's, some white Americans in the south, with some regularity, decided that a certain person was guilty of a crime because of half-truths, rumor and skin color. If the police didn't do anything about it, they went out and lynched "the guilty party." These are some of the darkest and most repulsive acts in American history. And they all started with someone deciding on guilt before the courts had a chance to.
If you are right now searching for a label with which to brand me in order to marginalize the value of my words and are considering "racist," let me remind you that I spent nearly half my investigative career on civil rights and hate crimes squads. I was for several years the Los Angeles FBI coordinator for all white supremacist crimes. I was for many months the acting supervisor of all white supremacist investigations in Los Angeles. I lived among the Aryan Nations in Idaho and Washington in the mid-80's during a particularly violent period in their existence.
If you think my rhetoric hyperbolic; know that today, March 27, 2012, the New Black Panther Party has offered a $10,000 reward for the “capture and citizen’s arrest," of George Zimmerman, "dead or alive." Mikhail Muhammad, Southern Regional Director of the New Black Panther Party said today; “It’s time for us as black men to take justice in our own hands,” said the voice of moderation, “You kill mine god-damn it I got to kill yours.” Don't forget the rope, Muhammad.
The NBPP are sick, hateful people. But when people like Al Sharpton call for Zimmerman's conviction, he has in my humble opinion crossed a line into the very reasoning that was so prevalent in the south at the turn of the last century. The formula is the same: You have at least half the facts, a crime was committed wherein a person of your race is the victim and a person of another race is the perpetrator; therefore the alleged perpetrator is convicted in your mind. What else do you need? With few exceptions, the raising of a lynch mob certainly started with the phrase: "We all know he's guilty!" Al Sharpton says all he wants is "justice," which he defines as Zimmerman's conviction. This is frightening to me, but not surprising, as I have long been convinced that Sharpton a racist and an opportunist.
I do not think the rallies per se are problematic. When they simply demand a full and complete investigation they are in the greatest tradition of America. But there is a fine line between a 'rally' and a 'mob.' And it is this: When the rally demands an arrest, they presume to know all the facts. When they demand a conviction, they presume to be judge and jury. Sharpton has called the crime "murder," a legal term which presumes Zimmerman's guilt, and when asked to define what he means by "justice," he said that it included, "arrest," "a fair trial," "conviction," and "punishment" for Zimmerman. Calling for a "fair trial then sentencing" is a self-contradicting statement that originated in the days of the gulags.
In reality, Sharpton has shown himself to be a clone of Zimmerman. Zimmerman made assumptions based on race. Sharpton is making assumptions based on race. Zimmerman may have believed in his mind that he was doing what was best for society, that he was an avenging hero, and that he was ensuring justice. Sharpton seems to believe the same thing about himself. The allegations against Zimmerman are that he thought he knew all the facts he needed to make a life and death decision, that he was a person who had the delusional believe that he was the final arbiter of "justice," and because of that, acted before he really understood the truth.
Who does that sound like to you?
The Contract of Command
No man or woman ever knows how they will react when their life is in danger. I hope, and I’m sure we all hope we would react in a such a way as to earn self-respect, if not honor—but we just don’t know. However, a decision to accept a position as a ship captain, airline pilot, fireman, policeman, Coast Guardsman; any position where danger is possible and the job gives you responsibility for the lives of others, is in effect a contract. A contract in which the implicit agreement is that the lives of others come before your own. It is a guarantee that you will do as promised. You are, as the old saying goes, acknowledging that “You knew the job was dangerous when you took it.” So if it appears that anybody is being criticized in this piece for cowardice, it is not criticism of character or a human failing common to many, the criticism is aimed at a person who apparently defaulted on a contract; the contract of command.
A fence is never needed until something pushes against it. Similarly, courage can never be measured until fear is present. One can test a fence by simply pushing on it, but gauging a man’s courage is difficult absent imminent danger.
Fight or flight. At one time or another, nearly everyone wonders how they would react if their life was on the line and they had a choice of acting or running. Those who rise to the occasion are said to have “the right stuff.” There is no polite phrase for those who fail in those situations.
Captain “Sully” Sullenberger answered all his own questions on January 15, 2009. His decisiveness, skill, and calmness are now legend. Sully’s friends describe him as “shy and reticent,” but beneath that shyness lay the makings of a hero. Finding himself in an engineless, 75 ton flying fuel tank over Manhattan with the lives of 148 people on his shoulders, Sullenberger knew that he had just one or two chances in a thousand to survive. Over the shouting of the electronic voice of the plane, “pull up pull up pull up pull up…..” the questions from air traffic control, and the attempts to restart the engines, he thought quickly, decided on the only realistic option, and flawlessly ditched the airliner in the Hudson River next to Manhattan. Listening to his confident, decisive communications on the radio is nothing if not inspiring, if only for knowing what “the right stuff” sounds like.
Two days short of three years later, on January 13, 2012, Francesco Schettino, captain of the luxury Costa (Carnival subsidiary) Cruise liner “Costa Concordia” also answered his own questions and provided the world an example of what “the wrong stuff” sounds like, via his radio communications with the Livorno Port Authority.
Somehow, a cruise liner in good weather ran aground. It apparently did so during a “Salute” to the island of Giglio. A ship’s ‘salute’ is a close sail-by of land to generate excitement and is the nautical equivalent of the aviation “buzz-job,” itself one of the leading causes of fatal aircraft crashes. This ‘salute’ was allegedly intended to raise the visibility of the cruise line. It worked. Costa Cruise line rules allegedly prohibit the ship from coming within a half mile of land while underway. Schettino claimed to be no nearer to land than .29 miles. The charted rocks he hit, however, were 450 feet off shore. It is said that he might have been distracted by a beautiful 25 year old blonde who was somehow a guest on the bridge after witnesses say she and Captain Schettino split a carafe of wine. But the even more troubling issue than how it happened, is what occurred after the ship ran aground. The commander of the Livorno Port Authority is Gregorio De Falco, and De Falco had by Italian law, control of the scene. He contacted Schettino by radio after being told that the captain of the Costa Concordia had abandoned ship with passengers aboard.
Gregorio De Falco: "Hello. Hello."
Francesco Schettino: "Good evening, captain."
De Falco: "Hello, I'm de Falco, from Livorno. I am speaking with the commander?"
Schettino: "I'm Commander Schettino."
De Falco: "Listen Schettino, there are people trapped aboard, you go with your lifeboat under the prow of the ship on the port side and you go aboard the ship using the rope ladder. You go aboard and you tell me how many people there are. Is it clear? I'm recording this conversation, Commander Schettino."
“I’m recording this conversation, Commander Schettino.” De Falco knew the gravity of the situation and he knew what he was saying. He was obviously stunned that the captain of a foundering ship had fled, leaving his crew and passengers behind. I must admit that I too am stunned, as is the world, likely. De Falco felt that it was necessary to threaten the captain with exposure of his cowardice if he would not return to the ship.
One cannot help but compare this to Sullenberger’s demeanor as his plane plummeted at over 200 miles per hour toward downtown Manhattan. Sullenberger’s words in the cockpit and on the radio were strong, decisive and inspiring. In contrast, Captain Schettino was speaking with such diffidence that De Falco had difficulty understanding him.
Schettino: "So, I'll tell you something..."
De Falco: "Speak louder."
Schettino: "Now, I'm in front of..."
De Falco: "Commander, speak louder, take the microphone and speak loud. Is that clear?"
Schettino: "Commander, right now the ship is skewed. [listing to starboard]"
De Falco: "Understood. Listen,…….. you go aboard and you tell me the number of people and what they have on board. Is that clear? You tell me whether there are children, women or people needing assistance. And you tell me the number of each of these categories. Is that clear? Schettino, maybe you saved yourself from the sea, but I'll make you pay for sure. Go aboard, (expletive)!"
But even then, Schettino argued that his presence was not needed aboard.
Schettino: "Commander, please?"
De Falco: "Please, now you go aboard!"
Schettino: "I am on the life boat, under the ship, I haven't gone anywhere, I'm here."
De Falco: "What are you doing, commander?"
Schettino: "I'm here to coordinate rescues."
De Falco: "What are you coordinating there? Go on board and co-ordinate rescues from on board! Do you refuse?"
Schettino: "I'm not going because there is another lifeboat stopped there."
De Falco: "Go aboard: it's an order*. You have no evaluation to make, you declared abandon ship, now I give orders: go aboard. Is it clear?"
(* Once a captain has abandoned his ship, he no longer commands it, it is under the control of nautical search and rescue command.)
Schettino: "Commander I'm going aboard."
De Falco: "Call me from aboard, my rescuer is there at the prow of the ship. There are already dead bodies, Schettino."
Schettino: "How many dead bodies?"
De Falco: "I do not know. One for sure. You have to tell me how many!"
Schettino: "Do you realize that it's dark here and we can't see a thing?"
De Falco: "And what, do you want to go home, Schettino? It's dark, so you want to go home...? Go on the prow of the ship, using the rope ladder and tell me what can be done, how many people there are and what are their needs. Do it now."
Schettino: "Here there is also the vice commander. I'm together with him."
De Falco: "Then go aboard together. Together. What's his name?"
De Falco: "Dimitri what? You and your vice go aboard. Now, is it clear?"
Schettino: "Commander, I want to go aboard, but here there is the other lifeboat, there are other rescuers who stopped. Now I called other rescuers."
De Falco: "You've been telling me this for one hour. Go aboard. Go aboard. And you tell me right away how many people there are."
Schettino: "Ok commander."
Just because a man has the coordination and the skill to handle a ship doesn’t mean he has what it takes to be a captain, especially when lives are at stake. Skill at navigating a ship can no more guarantee suitability as a captain any more than the fact that a male can produce sperm guarantees that he would be an adequate father.
Not only did Schettino fail, but it appears that his flight led some of the crew to abandon the passengers with him. Undoubtedly, there were brave crew who stayed and may have even paid with their lives, but they did this in spite of their captain. But make no mistake, Schettino’s acts were not the first in the tragic string of events. Nor was hitting the rocks. It was that he had been given command in the first place.
In the cases I worked in the FBI, particularly those perpetrated by the most violent, evil men, there had been a trail of acts, behaviors and episodes where the person’s personality was tipped-off. And in each of the cases, innocent people lay dead because the responsible people had shirked their duties. Schettino was responsible for the safety of thousands of people. With apparent failure of courage this blatant, could it be possible that there were no indications of Schettino’s inability to handle fear prior to this crisis?
Carnival has a responsibility to determine the suitability of a man or woman to command. There is no excuse anymore in today’s world. There are ways to weed out those who cannot ‘cut it.’ Even more traditional methods could have determined his fitness for duty. Marine Boot Camp, as horrible and stressful as it has been described, is not that way as some kind of sick initiation, it is to weed out those who cannot function under extreme duress or fear. Drill Instructors and the fear they instill are two of the main reasons that cowardice under fire is not something that people think of when they hear the words “United States Marines.” In a perfect world, Schettino would not have been given command, and he would have been spared what must be the worst experience of his life. He is not evil, he was just incapable of what was asked of him. And somebody in authority likely knew that. They were simply betting on the odds that his courage would never have to be tested.
Fortunately, Costa Cruise lines has now realized the magnitude of the tragedy and has made quick, astute moves to prove to the passengers and the world that they understand the gravity of the situation: They have offered the surviving passengers (and I’m not making this up) a 30% discount on a future Costa cruise. If that doesn’t restore your faith, I don’t know what will.
De Falco’s soon to be famous statement to the fleeing captain; “Schettino, maybe you saved yourself from the sea, but I'll make you pay for sure,” ended with the Italian phrase, “Vada a bordo, cazzo!” “Go on board, ‘cazzo’!” Cazzo is Italian profane slang for male genitalia. De Falco had lost all respect for a Schettino and was goading him to “man up.” Interestingly, there are already T-shirts with the phrase, “Vada a bordo, cazzo!” being made. Possibly it will enter the lexicon as a phrase intended to shame cowards into meeting their duties. Finally and pitifully, Schettino later explained his departure from the ship by saying that he had “tripped into a lifeboat,” a statement which only exposes the depth of his deficiency as a captain.
But to be fair, Sullenberger is not perfect either. After he skillfully ditched his A320 in the Hudson river, he deviated from the aircraft checklist and did not comply with what a captain should do. The checklist told him to don a life preserver, open the cockpit window and evacuate the aircraft.
Instead, Sullenberger left the cockpit but not the aircraft. He left the cockpit through the interior door, going into the sinking rear cabin of the plane to ensure that everyone was out. Twice. When the last crewmember besides the captain boarded a raft, the airplane was halfway under water. Sullenberger, however, had one more thing to do. He went forward one last time to retrieve the aircraft’s logbooks to aid in the investigation of the crash before he departed—the last to leave the ship. The right stuff.
The Transportation Security Administration (TSA) was formed to ensure America’s freedom to travel. Instead, they have made air travel the most difficult means of mass transit in the United States, at the same time failing to make air travel any more secure.
TSA has never, (and I invite them to prove me wrong), foiled a terrorist plot or stopped an attack on an airliner. Ever. They crow about weapons found and insinuate that this means they stopped terrorism. They claim that they can’t comment due to “national security” implications. In fact, if they had foiled a plot, criminal charges would have to be filed. Ever hear of terrorism charges being filed because of something found during a TSA screening? No, because it’s never happened. Trust me, if TSA had ever foiled a terrorist plot, they would buy full-page ads in every newspaper in the United States to prove their importance and increase their budget.
I have a unique position from which to make these statements. For 25 years, as many of readers know, I was an FBI Special Agent, and for many of those years, I was a counter-terrorism specialist. I ran the Los Angeles Joint Terrorism Task Force (JTTF) Al Qaeda squad. I ran the JTTF’s Extra-territorial squad, which responded to terrorism against the United States or its interests throughout the world. I have investigated Al Qaeda cell operations in the United States, Pakistan, Indonesia, the Philippines, and Thailand, just to name a few. The FBI and the CIA provides the lion’s share of actionable intelligence on threats to the Department of Homeland Security (DHS) (the mother organization of TSA), so that they can tailor security screening to the actual threat.
I am, as I have said before, a political conservative, a law and order kind of guy and I get misty when the national anthem is played at a football game and jets fly over in salute. If anything, I am pre-disposed to support the United States government.
I have been a pilot for more than 35 years. In the early years of my career, I flew aircraft for the FBI and I amassed 6,500 hours of flight time. I worked my way through college with United Airlines and was cockpit qualified to move the airliners around the ramp, fuel them and service them. I know aircraft. My father, a former FBI Agent, worked for United from the time I was 12. We used our flight benefits to travel more than anybody I know, taking round-the-world vacations nearly every year and jumping airliners like hobos jump freight trains. During my FBI counter-terrorism years, I traveled 100,000 to 200,000 miles per year. I am intimately familiar with airline travel.
My father's position at United Airlines was Manager of Security. He had this job in the 70’s when airline security was in its infancy and he helped pioneered security procedures including the first magnetometers. He has written two textbooks on airport, aircraft, and airline security, and sat on FAA sponsored committees on airline security.
As a SWAT Agent, I was fully trained to interdict hijackings. I have trained countless hours on actual airliners, learned to shoot surgically inside the airliner “tube,” silently approach the aircraft and breach exterior doors quickly. I was also trained to shoot from airline seats in case I was aboard a hijacked flight, and for 25 years I traveled armed on airliners, meeting with Air Marshals prior to each flight.
I have dealt with TSA since its inception and FAA security prior to that. I have witnessed TSA operate since they became a separate organization in 2002 and seen their reaction to intelligence provided them. I have now watched them operate for a decade, and I have respect for their hard-working employees who are doing a thankless job. But I have come to the conclusion that TSA is one of the worst-run, ineffective and most unnecessarily intrusive agencies in the United States government.
TILTING AT WINDMILLS
The entire TSA paradigm is flawed. It requires an impossibility for it to succeed. For the TSA model to work, every single possible means of causing danger to an aircraft or its passengers must be eliminated. This is an impossibility. While passengers are being frisked and digitally strip-searched a few dozen yards away, cooks and dish washers at the local concourse “Chili’s” are using and cleaning butcher knives.
While bomb-sniffing dogs are run past luggage, the beach at the departure end of LAX is largely unpatrolled, and anybody with a shoulder launched missile (you know the ones they regularly shoot down U.S. helicopters with in Afghanistan) could take out any plane of their choice. I am reticent to discuss anything further that would give anybody ideas. However, these two have had wide dissemination in the media but are by NO means the biggest threats.
I sometimes ruminate while standing in line waiting to take off my shoes, remove my belt, laptop, iPad, etc., etc., about the improvised weapons I saw in prisons and how hard they were to find. It’s fascinating what weapons prisoners can make out of plastic forks, newspapers and toothbrushes. Ask any prison guard if an inmate can make a weapon out of an everyday item, and how long it would take them. Approximately 99% of what the average traveler carries on a plane would be considered contraband in a maximum security prison, due to the fact that it can easily be converted into a weapon. Toothbrushes, Popsicle sticks, pens, pencils, anything with wire (iPod headset), any metal object which can be sharpened, etc., etc. is a potential weapon. Carried to its logical end, TSA policy would have to require passengers to travel naked or handcuffed. (Handcuffing is the required procedure for U.S. Marshalls transporting prisoners in government aircraft.)
TSA’s de facto policy to this point has been to react to the latest thing tried by a terrorist, which is invariably something that Al Qaeda identified as a technique not addressed by current screening. While this narrows Al Qaeda’s options, their list of attack ideas remains long and they are imaginative. Therefore, if TSA continues to react to each and every new thing tried, three things are certain:
1. Nothing Al Qaeda tries will be caught the first time because it was designedaround gaps in TSA security.
2. It is impossible to eliminate all gaps in airline security.
3. Airline security screening based on eliminating every vulnerability will therefore fail because it is impossible. But it will by necessity become increasingly onerous and invasive on the travelers.
SCREENING IS STILL IMPORTANT—DONE RIGHT
TSA’s “major malfunction” as R. Lee Ermey would say, is that they do not understand the threat. At least their reactions to the threat indicates an extreme naiveté regarding terrorists, their tactics and their operational philosophies. One of the major reasons that Al Qaeda has not successfully mounted a major attack in the United States since 9/11 is that Al Qaeda is analogous to a political action committee (PAC) or a political candidate. They live off donations from “legitimate” radical Muslims throughout the world. These donations are crucial, and there are many causes which compete for them. In order to keep getting those donations, Al Qaeda can’t appear to be losing, weak or incapable of an attack. Therefore, they actually put themselves in a little bit of a bind after 9/11: Their success was so spectacular that it has become almost impossible to duplicate it, much less create an even more spectacular act. Any attack that seems smaller in scope than those already achieved would make it appear as though Al Qaeda was “slipping” and terrorism dollars might go elsewhere, say to the Mujahedeen in Afghanistan.
Failure is not an option for Al Qaeda; they are as risk averse as the public relations department at Disneyland. Al Qaeda is a brand to protect, and failure is bad for the brand. If there is a one in ten chance that an attack will fail, the powers-that-be will not likely green-light it.
TSA screening, as it is now, is so predictable and known that Al Qaeda can know with absolute certainty what they can and cannot get through screening. That is valuable intelligence for them. In a word, TSA is predictable. This increases Al Qaeda’s chances of success. It reminds me of counter-espionage surveillances against our cold-war adversaries the Soviets. They were followed nearly all the time and they knew it. A good Soviet intelligence officer would identify the surveillance and the agents and vehicles involved in the surveillance. Then, he would be able to fulfill his “drops” and communications knowing where the surveillance was at any time. When you can see the surveillance, you know exactly what you can and cannot get away with. Only when they could not see the surveillance were they truly intimidated.
TSA would have significantly greater affect with a random-selection type of process. The benefits of random selection are: Approximately 80% fewer screeners needed, complete unpredictability of the likelihood of a search, and extremely effective searches of those, say 10%, selected. It would not reduce by 1% Al Qaeda’s belief that they could get through screening with a weapon. A 1-in-10 chance of a full search is too much of a risk for Al Qaeda. They do not plan their attacks on the “Well, it’s got a decent chance” method. They require a sure thing. Putting explosives in a shoe and depending on a 10% chance of failure are odds they will not accept. So rather than ineffective (yet incredibly intrusive) screening of 100% of the passengers, there should be highly effective screening of an unpredictable 10% with a reduced screening requirement for the other 90%, say a magnetometer and bag X-ray, allowing people to wear their shoes, belts and pacemakers through screening.
THE VIRTUAL STRIP SEARCH
Is this really okay with you?
These are images created by the TSA’s “Backscatter/Body Imaging X-Ray” scanner. The images are not, they say, detailed enough to cause anybody any embarrassment. Frankly, they are intimately detailed. I am stunned, quite frankly, that the same people who fought against the Patriot Act because it was invasive and violated privacy rights have not howled about this invasion of personal privacy rights.
I recently asked a TSA officer whether a man or a woman was conducting the screening at my “device.” I was told that it varied and they didn't know right at that moment. I declined being screened by the machine to see what the procedure was. I was then frisked—and told that by rule, I could be frisked only by a man. Good. I get that. But then, why aren't there male and female devices where like-sex screeners view the virtual strip searches. I have to be blunt here, I have a serious issue with any man I don’t know and who is not our doctor, seeing under my wife’s clothing. Maybe I’m old fashioned.
An immediate demand should be that these devices be operated with male/female devices with same-sex screeners. If that can’t be accomplished, then TSA needs to explain why. By the way, “money” will not be accepted as a justifiable reason. They’re spending enough to cover it on other things. Don’t take my word for it; listen to a report by congressional investigators released just two months ago: “Today, TSA's screening policies are based in theatrics. They are typical, bureaucratic responses to failed security policies meant to assuage the concerns of the traveling public.”
Translation? TSA doesn’t know what it’s doing, but is trying to put on a good show to keep the traveling public from catching on. The report, entitled, “"A Decade Later: A Call for TSA Reform"
sharply criticized the agency, accusing it of incompetent management. Former DHS Inspector General Richard Skinner dropped this bomb, “The ability of TSA screeners to stop prohibited items from being carried through the sterile areas of the airports fared no better than the performance of screeners prior to September 11, 2001.”
Frankly, the professional experience I have had with TSA has frightened me. Once, when approaching screening for a flight on official FBI business, I showed my badge as I had done for decades in order to bypass screening. (You can be envious, but remember, I was one less person in line.) I was asked for my form which showed that I was armed. I was unarmed on this flight because my ultimate destination was a foreign country. I was told, "Then you have to be screened." This logic startled me, so I asked, "If I tell you I have a high-powered weapon loaded with a dozen rounds of high-caliber ammunition, you will let me bypass screening, but if I tell you I'm unarmed
, then I have to be screened?" The answer? "Yes. Exactly." Another time, I was bypassing screening (again on official FBI business) with my .40 caliber semi-automatic pistol, and a TSA officer noticed the clip of my pocket knife. "You can't bring a knife on board," he said. I looked at him incredulously and asked, "The semi-automatic pistol is okay, but you don't trust me with a knife?" His response was equal parts predictable and frightening, "But knives are not allowed on the planes." OUT OF CONTROL
Civil libertarians on both sides of the aisle should be appalled at an unauthorized use to which TSA is putting their screening: Identifying petty criminals--using one search method to achieve a secret goal. This is strictly forbidden in other government branches. In the FBI, if I had a warrant to wiretap an individual on a terrorism matter and picked-up evidence of a non-terrorism-related crime, I could not, without FBI Headquarters and a judge’s approval, use that as evidence in a criminal case. But TSA is using its screening devices to carve out a niche business. According to congress, TSA began to seek out petty criminals without congressional approval. TSA have arrested more than 1,000 people on drug charges and other non-airline security-related offenses to date.
The report goes on to state that the virtual strip search screening machines are a failure in that they cannot detect the type of explosives used by the “underwear bomber” or even a pistol used as a TSA’s own real-world test of the machines. Yet TSA has spent approximately $60 billion since 2002 and now has over 65,000 employees, more than the Department of State, more than the Department of Energy, more than the Department of Labor, more than the Department of Education, more than the Department of Housing and Urban Development---combined.
TSA has become, according to the report, “an enormous, inflexible and distracted bureaucracy more concerned with……consolidating power.”
Each time the TSA is publically called to account for their actions, they fight back with fear-based press releases which usually begin with “At a time like this….” Or “Al Qaeda is planning—at this moment …..” The tactic, of course, is to throw the spotlight off the fact that their policies are doing nothing to make America safer “at a time like this.” Sometimes doing the wrong thing is just as bad as doing nothing.
The TSA unions are now fighting against any reduction in staff, such as by implementation of more efficient protocols, hiring of contractors, or less draconian screening. It is simply not in their best interest for screening to get quicker or easier because that would require fewer screeners. The chairman of the House Transportation and Infrastructure Committee, John Mica (R-FL) scolded; “It is time for TSA to refocus its mission based on risk and develop common sense security protocols.” THE QUEEN HAS NO CLOTHES
Just when I was getting to think that the backscatter x-ray images were humiliating, degrading or invasive, Susan Hallowell, Director of the TSA research lab eased my fear by consenting to have her backscatter image made public.
That’s Ms. Hallowell in the upper photo. And the two below--same day, same time. See? What’s invasive or embarrassing about those photos? Obviously, I’m overreacting. Several things about these photos struck me; first, I of course noticed that the backscatter x-ray has cleverly detected the gun on her hip (it’s the black object just above her thong in the far left picture). That the gun would have been found by magnetometers in service since the 1970’s is likely not something they would like us to dwell on. Secondarily, I am struck by the similarity of this demonstration to the fable, “The Emperor’s New Clothes.” In that tale, a king is swindled by tailors who create for him a suit of clothes that are invisible to incompetent people. Of course, nobody would admit that they didn’t see the clothes for fear of being branded unfit for their jobs, and certainly the king wasn’t going to say anything.
Looking at these photos, I wonder if something similar isn’t going on here. It is as if patriotic, loyal citizens who care about security and the United States of America and the lives of their fellow citizens will not see this as an abuse of power. Anybody who views these images as dehumanizing, humiliating, unnecessary or abusive are obviously not against terrorism and care little if airplanes filled with families fall to the ground. But in this situation, it is essential that we shout “the king (or in this case the queen) has no clothes!” Going along with the status quo is the exact opposite of protecting Americans, it is the opposite of saving lives, it is the opposite of preventing terrorism, and it is the opposite of freedom and personal rights.
With the congressional spotlight on the organization, TSA is finally feeling what it's like to be screened. It has walked through the detector of bureaucratic failure and the red light has gone off. It’s time that we ask congress to have TSA “step over to this area” for a more thorough search. For once, "TSA screening" will be productive. I predict that dangerous amounts of inefficiency, derivative thinking, and reactive policy will be located, if not in their shoes, in their DNA.
Since this article was published, I learned that a former FBI executive who I respect and admire had been named as the TSA chief for Los Angeles International Airport--LAX. This was heartening because I realized that this was one of the guys in the FBI who "got it." I was encouraged--until I realized that he was likely just there to enforce edicts from Washington, not change things from the ground up. My favorite quote from this once-boss was in regard to fighting battles with management and trying to change things; "Any time you feel like you want my job, take a canvas bag of broken glass, pour it all in your mouth and chew it well. Then you'll get an idea of what it's like."
Yes, I was initially heartened. Then, I saw a publicity photo of him standing in front of a backscatter X-ray machine.
Glenglassaugh (glen GLASS’ uch) is a single-malt Scotch that I suspect few if any of us have ever tasted. I say this not because I believe we are Philistines (I certainly don’t), but because Glenglassaugh is so expensive and rare. This fine Scotch comes from the Speyside region of the Scottish Highlands where the barley and the water are so unique and superb that they are de rigueur for the finest Scotch distilleries.
For those less versed in Scotch, “single-malt” is the variation of Scotch that derives from a single aged oak barrel, rather than a mixture of the contents of several barrels, which is how other Scotches are blended. Blending multiple barrels is a technique used to bring up the overall quality of a year’s production by mixing good barrels with poorer barrels. Single-malt barrels, in contrast, are chosen specifically for their superior quality and are kept ‘virgin’ in order not to dilute their excellence. They are identified early in the aging process and regularly moved into different aging locations to change temperature and humidity to perfect the cask as the years go on. After a minimum of three years, the Scotch may legally be called Scotch (as long as it’s made in Scotland, of course) and it may be bottled. However, three years is hardly enough for single-malt. Many of Glenglassaugh’s single-malts are aged for decades and cost over $150 per bottle. You can even buy a full barrel (un-aged at purchase) for a mere $7,500 and within ten to twenty years, you’ll have a great cask of Glenglassaugh.
Oddly enough, I was musing over this recently as I was leaving my high school class reunion. This was the first time I had ever really gone to a full-fledged high school reunion. You see, I’m a pessimist. Not by nature, but by decision. I very much dislike disappointments and letdowns, yet I always seemed to be the guy who “believed” in long-shots and doomed-causes long after everyone else had seen the light. I was the kind of guy who strolled into a Chevrolet dealership in 1974 determined to buy a Vega because I was sure that the one I got wouldn't be a piece of crap. Years after Sony had given up on the Betamax, I still refused to convert to VHS, counting on a "Beta" comeback. Following my call for a recount the morning after Ronald Reagan beat my candidate Jimmy Carter, my family conducted an intervention (and an exorcism). I finally sought help. Under doctor’s orders I underwent radical therapy; I adopted the Chicago Cubs as my favorite baseball team and for the last 30 years have had every last bit of optimism ruthlessly beaten out of my soul, (and I'm now a Republican). It is because of my hard-won pessimism that I knew that I would never go to a high-school reunion.
I have heard every reunion horror story, and I knew what to expect. Poseurs, losers and braggers. And I knew that I would, inevitably, become one of the three before the night was over. It’s almost inescapable when at a reunion; the ego stakes are simply too high. Because in a way, the reunion is a report card on your life. No matter what you have accomplished in intangibles like raising good children, giving to charity, helping old ladies across the street, your entire life will be graded within five minutes by everyone you speak to. And even if nothing is said, you will see it in their eyes. I would, I was certain, be judged by my weight, hair (or lack of same), grace in aging, financial wellbeing and career. So I feared that I would be graded a loser or would try to be something I wasn’t. It’s a survival instinct.
Sadly, as my 35th high-school reunion neared, I fell off the wagon of pessimism and I had a severe relapse of optimism. This was caused by a series of freak events: My favorite football team, the San Francisco 49’ers went on an unexpected winning streak. Then, against all odds, I got a contract for my first book, and I suddenly realized that I had gone almost 20,000 miles in my Chrysler minivan without a transmission failure. Obviously, none of these things can be explained in purely human terms, so you can understand my confusion. In a fit of optimism about which I still feel shame, I caught a plane to Chicago for the reunion of the Buffalo Grove High School Class of 1976.
What I found at the reunion rocked me to my socks and set back my optimism aversion therapy probably for a lifetime. Inexplicably, it seemed, I had a fabulous time. I loved those people. In preparation for the event, I had memorized the “You can’t go home” adage (took me days), and had planned that each time I experienced an awkward silence because I had nothing in common with one of my old friends, I would simply repeat it silently to myself and the world would make sense. But as my old friends and I met up again after 35 years, something weird happened: We got along fabulously. There were no awkward silences. In fact, at times, I had the distinct feeling that we were continuing a conversation that got cut off last weekend, not in 1976.
Even people I barely knew in high school became new friends at the reunion. In 1976, Mary the winsome redhead and Cindy the cheerleader were both “out of my league” and I knew it. Now, Mary and her husband live on a spread in South Dakota big enough that people can hunt on it and she’s working on a book. Cindy manages a radio station and basks in the success of a son who recently passed the bar. Both were larger than life at the reunion and two of the highlights of my night. Friend after friend blew away my preconceived notions; Laura, Mark(s), Catherine(s) , Lance, Alysia, Tims(s), “Chaddy,” Steves(s), Anne, Nancy, Keith, Michelle, Tom……I was amazed at the quality of the people I had the privilege to go to high school with. I had no idea back then. Today, my old party-pals and fellow classroom clowns are musicians, cops, school teachers, stock brokers, authors, airline pilots, senate staffers, screenwriters, coaches, fire fighters, engineers, geologists, even a rabbi and a minister. It was quite a cast of characters. In more somber moments, we recounted the members of our class who would not be attending any more reunions because they had left us. By this reunion, the number that we knew of had reached double-digits, and it was a sobering and sad thought.
Rather than fizzle like some reunions, ours continued even after the banquet hall closed. Then after the bars closed. Then, after they threw about thirty of us out of the lobby of the hotel. And then it continued in the empty restaurant the hotel graciously opened for us. At 3:30 a.m., twenty or so were still sitting around a huge makeshift table as our classmate Tim strummed his guitar and alternately serenaded us and played songs from our years in high school so that we could all sing along. How did I never know he was that talented back in 1976? For just a moment, I felt like we had gone home. But for only a moment, and it seemed like nobody really wanted it to end.
But by 4:15, the realization was hitting most of us that we could only hold on to the moment so long, and like Peter Pan and the Lost Boys, we had to grow up and get on with life. We reluctantly hugged, kissed, shook hands and promised to keep in touch and went off in different directions to our rooms. The next day, we continued in different directions at 500 miles per hour. I felt true sadness that the moment ended, not sadness at what time had done to all of us. Because frankly, time had been a friend. No, we hadn’t recaptured our youth, we hadn’t “gone home,” nor were we reliving our high school 'glory days.' Maybe we realized that we would never want to recapture our youth.
On the way back to my hotel, my thoughts went to the conversations we had traded that night and I realized that no one hid behind the mask of “the perfect life.” Everyone at one time or another spoke of hidden pain, hardships and loss. Not one person wallowed in them, but neither were they afraid to admit them, to share their challenges and the ways they got through them, not because they wanted sympathy, but so they could encourage others. It was if they instinctively knew that everybody our age had been through hell at least once, and if you were on top one moment, you might be in a valley the next. It wasn’t a major topic, but it was there, and it was refreshing, and it was encouraging to see how people had overcome.
IT'S THE FIRE THAT MAKES THE DIFFERENCE
And as I drove, my mind went to Glenglassaugh. Not because I needed another drink. I was reminded of two little-known requirements for the making of fine Scotch. Fire and Bourbon. The best Scotch brands are aged in American Bourbon barrels that have had the interiors charred by firing. It is that charred barrel, steeped and aged in Bourbon that makes Scotch spectacular. When the Scotch alcohol first comes out of the pot still it is called, appropriately, “new spirit.” It is perfectly clear, colorless, and has a strong, undisciplined character much closer to “moonshine” than fine liquor. In high school, everyone at that reunion had been “new spirits." We had a sharp, in-your-face character, un-mellowed by any hard lessons or aging, because we hadn’t had any.
But if aging alone would have mellowed us, everyone would be fine with age. But we know that is not the case. And it is not the case with Scotch. If aging alone could do it, there would not be rules about the cask, and the way the liquor is aged. The finest liquor experiences the harshest aging. The hotter the summers and the colder the winters the better the liquor. Temperate conditions create tepid flavor. Stagnation will create a poor Scotch, also. Sitting without any kind of activity takes the character out of the barrel, so the barrel has to be rotated frequently. Sitting and stagnating also create poor human beings. Finally, in Scotch, approximately 10% of the barrel evaporates during aging, and this is known as “The Angel’s Share.” It’s a simple equation; you can’t get a truly exceptional Scotch without experiencing loss. Every single person at that reunion had experienced loss, some more recently than others; every single person had given up “The Angel’s Share” in their life. And it seemed that the ones who had experienced the most loss were themselves the most “refined.” But ultimately, it is fire that makes a tepid, store-brand Scotch into a work of art and makes the “new spirits” into amazing creations.
As the sun came up, it hit me that I had spent the evening with a group of single-malt friends. Not one of us had lived our lives without experiencing pain, loss or grief. Cancer, divorce, the death of friends and family, loss of jobs, financial ruin….nobody I spoke to had gotten through the last 35 years unscathed. We had all experienced the fire. And I realized that it was that fire; the pain, the loss and the recovery that had made these people extraordinary. It turned out that pain and what we learned from it might have been the common bond that we now had.
In June, 1976 in Buffalo Grove, Illinois, several hundred high school seniors graduated and moved out into the world with high hopes for the “good life” and few problems. That same month, in Speyside, Scotland, Glenglassaugh Distillery put up several barrels of “new spirit” into used, distressed, charred oak Bourbon barrels from Tennessee. This month, 35 years later, a remnant of that high school class met a few miles from the school which helped form them. They had experienced the fire of life, yes, but were stronger and better in most cases. They had mellowed, were more interesting, and their essential “bouquet” was more unique and pleasing than ever. Also this month, in the Scotland Highlands, the casks put up in 1976 were finally unsealed and poured into cut-crystal decanters, aged and distressed perfectly. The rare 35 year old Scotch went on the market for more than $500 per bottle. If these bottles are as mellow and full of character as the Buffalo Grove class of the same year, Glenglassaugh will be proud. In Scotland, as in Buffalo Grove, the exquisite result of aging and fire is recognized as having unusual value.
In the very near future, I plan to have a single shot of the finest single-malt Scotch my wallet will allow. And I will sip it straight, slowly enjoying its myriad of flavors, and contemplate the things that created those flavors. And I will think of my classmates who have aged so wonderfully, and contemplate the lives and the fires that created their wonderful character. Finally, I will drink to our classes’ ‘Angel’s Share;’ the ones we’ve lost in the process. With any luck, I will be remembering my classmates with that 1976 Glenglassaugh masterpiece, which they have appropriately named;
"The Chosen Few."
Amanda Knox; An Innocent Girl
Finally Goes Home
I met Amanda Knox for the first time a few days ago, following her release from an Italian prison after serving four years for a crime she did not commit. I am grateful that I had not met Amanda before I got involved in the case.
Not meeting Amanda prior to my involvement in the case probably saved me from prison time myself. Had I known her personally, I do not know if I could have waited for the agonizingly slow wheels of Italian justice to free her. Amanda, you see, turns out to be a truly spectacular person; even more intelligent than I had expected, even more empathetic than she had been described, and even more gentle than I had anticipated. More and more, the fact that she of all people was targeted by a malicious, psychologically-challenged rogue prosecutor raises the level of irony to almost absurd levels. So at a time when I should have been feeling only relief and gratitude, I had to fight a seething vicarious anger at four years taken from a good person. Amanda herself seems to bear no malice, and wonders only how anybody could believe she did what prosecutor Giuliano Mignini charged her with.
The events of the last week have washed over me like a tidal wave, and I have not caught up with the emotion, the reality or the impact of what took place. I do not feel that I am ready to write at length about the events in Perugia last week, but I wanted to communicate a few thoughts in the meantime.
The most beautiful part of the “Not Guilty” verdict for Amanda and Raffaele came in the way Italian law demands that a verdict be couched. In Italy, a person can be found not guilty for two reasons (and I paraphrase the language):
1. Not guilty due to insufficient evidence. (Not guilty)
2. Not guilty due to the fact that the person did not commit the crime. (Innocent)
The first option is a passive statement, but the second is a positive declaration ofinnocence, not simply lack of guilt. It says not that the prosecutors failed to meet their burden, but that the evidence proves that person charged did not commit the crime. It is not simply release, it is full exoneration. That is the verdict Amanda and Raffaele received: Not guilty because the evidence proved that they did not commit the crime.
In a piece in Wednesday’s International Herald Tribune, New York Times Pulitzer Prize-winning journalist Timothy Egan wrote, “There was no way, based on forensic evidence that was a joke by international standards and a nonexistent motive that played into medieval superstitions, to find Knox and Sollecito guilty….” The claim of the prosecutors that there was a trace of the victim’s DNA on the blade of a knife used by Amanda to cut bread was, “….nearly laughed out of court by an independent panel of [DNA] experts.” The independent experts did find something on the blade, though: Bread Starch. (Rye). Out of nowhere.
It must be pointed out that Amanda’s exoneration did not come from an American court. The U.S. State Department (God knows) didn’t do anything to help her. The U.S. government abandoned her in a despicable, cowardly way, frankly. No, the exoneration of Amanda and Raffaele occurred in an Italian court. A court in the same Italian city in which they were first convicted by a judge who, if he is not corrupt, has not even a basic understanding of evidence and the rule of law. The kids were exonerated in the same courtroom in which the first trial was held. By a jury of Italians, not Americans. Jurors who wore sashes in the colors of the Italian flag. They were once again prosecuted by the same prosecutor (who is still appealing his own prison sentence for corruption). Only the judge was different. And this judge demanded evidence. And this judge demanded justice. Judge Pratillo Hellmann made Italy justifiably proud. I have been in more Federal Courtrooms in the United States than I can count. The controlled, careful and fair manner in which Judge Hellmann conducted this trial was, if anything, superior to what I have come to expect even in a U.S. federal court.
In Italian law, after a not guilty verdict, a defendant already incarcerated in prison obtains their release several hours later at the prison. Only very rarely will a judge order that a defendant be “released immediately.” On those rare occasions that this occurs, according to Italian attorneys I spoke to, it is considered a ‘slap’ at the prosecutor(s). Judge Hellmann ordered that Amanda and Raffaele be “released immediately.” The immediate release was an obvious signal of the judge’s extreme dissatisfaction the prosecution.
Following the verdict, a crowd of over 1,000 Italians formed around the courthouse, and a cheer went up when Amanda’s sister Deanna spoke of her release. Many times in Perugia, I experienced an indication of the overwhelming Italian sentiment of Amanda’s innocence. Italians would learn that I was involved in the case, and I would find that my drinks had been paid for, unrequested desserts came to the table, and strangers came to encourage or to hug me. People who spoke no English would walk past and cross their fingers in the “good luck” sign, smiling. The Italian public had figured this one out.
At the end, the Italian (legitimate) press was vociferously in Amanda’s corner. Immediately following the verdict, I looked over at two of my newfound friends in the Italian television media, and tears were rolling down their smiling cheeks. The prosecutor Mignini tried to couch this trial as racism (the actual murderer was black), and then as nationalism (big, bad America trying to step on poor little Italy). But in doing so, he only managed to prove the truth of Dr. Samuel Johnson’s immortal 1775 quote: “Patriotism is the last refuge of a scoundrel.” Insightfully, the judge, the jury and the Italian public chose to disregard his attempts at jury nullification and decided this case on fact rather than jingoism and prejudice.
Sadly, the vindictiveness of a corrupt local system is not easily escaped. About half an hour after the initially popular verdict, a “spontaneous” anti-Knox demonstration began outside the court. In a striking bit of serendipity, the “spontaneous demonstrators” just happened to have megaphone with them that night, and all knew what they would chant. Though in jeans and polo shirts, the demonstrators (all men between their middle-20’s and late 40’s) bore startling, almost eerie individual resemblances to the dozens of policemen who had originally signed the warrants against Amanda and Raffaele, and who had been in court that night in a “show of solidarity.” Many of those officers are the same ones suing Amanda for claiming that she had been slapped in her interrogation. (The required tape of the interrogation of prisoners in Italy is inexplicably absent. Go figure.)
After the ‘impromptu’ demonstration, the men began individual fist-fights with Italian Amanda supporters, (I counted at least five such fights) and generally shamed the town of Perugia at a moment when the city deserved to be basking in the glory of the world spotlight. I want to point out here that the people of Perugia are good, honorable people, by and large. The Carabinieri (military) police in the town are honorable and professional. But the local police and the local prosecutor ruthlessly run the town. As an example, while we were in Perugia, five people were arrested---in the courtroom---by the local police. All for criticizing the prosecutor in some way or another. My wife was one of those arrested, and awaits a decision as to whether she will be charged with “contempt” which carries with it a possible three-year prison sentence.
The relief I feel at Amanda and Raffaele’s release is indescribable. I also feel additional relief that on-line Amanda-haters are by and large a thing of my past. We had dealt with them until now only to counter their hateful propaganda in front of an uninformed public. Now, it’s not even important to answer them because truly, nobody cares about what they say anymore.
They and others who refuse to accept this Italian court verdict (while arbitrarily accepting the first court’s verdict) are already receding into insignificance, and even the echoes of their hateful diatribes and death threats are fading into the ether. I do not think that they will ever be convinced of Amanda’s obvious innocence, nor do I think they are done spewing propaganda. Frustration produces anger, and like an infant who throws a tantrum when put down for a nap, I assume they will make a lot of indiscriminate noise that does nothing but irritate those around them. But they can now be grouped by society with those who claim to have been kidnapped by UFO’s, doubters in the moon landings and 9/11 conspiracy theorists. As one of my favorite philosophers, Stan Marsh of “South Park,”once said to Eric Cartman about such conspiracy mongers: “25% of society is crazy.” This is truth, and it is truth that the anti-Amanda crazies will continue to validate. But now they have been refuted by the same justice system they touted for years, and eventually, like the child put down for a nap, will become distracted and move on to other things. They will soon be looking for new things and people to hate. (Though those of them who crossed the lines of civil and criminal behavior will soon find that they have not been forgotten and that legal redress waited only for Amanda’s repatriation.)
What remains is to ensure that this does not happen again. As Egan said, “Perhaps the tide from Perugia will lift other boats.” For this to happen, though, pompous prosecutor Giuliano Mignini, forensic perjurer Patrizia Stefanoni, and mind-reading detective Edgardo Giobbi (and others), must be prosecuted for their corruption. The judge who rubber-stamped the lies in the first trial, Massei, must also be called to the bar of justice—or back to law school. That is what will occupy some of my time for the next few years, I’m sure. But for right now, I am in the mood to bathe in the warmth of the freedom of Amanda Knox. The sunshine of the justice she obtained should warm the entire world.
At this moment, I find that the word “elation” is woefully inadequate to describe my emotions. Euphoria might be a closer word, but euphoria eventually fades. As long as I live, I will remember that late night in the courtroom when two innocents were rescued from a cabal of evil men.
Posted from Florence, Italy, September 28, 2011
The Perugia Witch Trial continues…..
Well, the façade is down. No more trying to hide it. This is a witch trial. These are not my words, but the words of Carlo Pacelli, an attorney fighting to obtain monetary damages from Amanda Knox. Pacelli finally said (in court, on record) what everybody already knew the prosecution thought:
“Amanda Knox is a witch!”
Like the Salem inquisitions and other publicly sanctioned murders, the initial trial was based on rumors, lies, accusations, and a “confession” obtained from (psychological) torture techniques that the prosecutors in Salem would have killed for. Finally, any and all evidence clearing an innocent person was intentionally disregarded.
Patrick Lumumba is suing Amanda Knox for €80,000 for implicating him in the murder, a statement the detectives forced and beat from her after an overnight foodless, sleepless interrogation, using techniques developed by the North Koreans to brainwash U.S. pilots during the Korean War. (See injusticeinperugia.com for details.) Being sued for something you were forced to do is kind of like being rammed by a drunk policeman, then being ticketed for littering because the body of your passenger is on the freeway.
So, at least it’s finally out in the open and we can go on, confident that, at least we understand each other.
In other news:
On September 28th, 2010, Pepperdine University and I parted company, at their request. I am no longer at liberty to discuss why. (But it was not a mutual decision. Pepperdine and I settled "out of court" the lawsuit I subsequently filed. I can't speak for Pepperdine, but I am very satisfied with the resolution of the suit.)
At Pepperdine, I shared responsibility for security of their worldwide campuses and the students that studied there (including those in Florence, Italy). In a magnificent display of God's sense of irony, today I find myself in Florence, Italy.
When something you initially perceive as bad (or really bad) occurs, remember that it could be God intervening to change your course for the better. I believe this is the case with my change of direction one year ago today. I have not felt so fulfilled, at peace, and certain I was on the right side of an issue in my life. It might be the best bad thing to ever happen to me, and that's saying a lot. Pepperdine is a fine, even spectacular university and I hope and pray that they flourish all over the world. Their students are among some of the finest people I have ever met.
So, today, in Florence, Michelle and I will celebrate God's provision for us, not mark a somber occasion.
1. “Courtesy in behavior or speech”
Last week, I posted my response to the Ann Coulter 'drive-by op-ed' on this blog, and later that week, on groundreport.com. Since then, it has received more than 3,500 views. I am gratified at the response, but suspect it had much more to do with the name Coulter than it did with the name Moore.
Less gratifying, unfortunately, were many of the comments I received about the article. If you read the article, you may remember that my hypothesis was that people should be judged one at a time, and not by any group with which they are affiliated. Affiliation with a group is not tacit endorsement of everything done by everything in that group. I am a Christian, but I don't endorse abortion clinic bombings; or for that matter violence of any nature in the name of God. Nobody wants (or deserves) to be judged by the actions of everyone in a group they belong to, or worst of all, a family into which they were born. That's prejudice, bias and sometimes hatred.
While I did not tally up the 'for' and 'against,' in the comments, it appeared to be about two-thirds in favor of the article, and the remaining one-third.....well, they hated my guts. With the exception of one or two actual attempts to debate the subject matter, the rest (50 or so) were simply personal attacks. And not just on me, but on my wife, too! Where did that come from? The bottom line, however, is that the dissenters on this article either didn't read the article, or are heroically trying to prove me right. They also illustrate why I have elected not to receive comments on my articles on this blog. [Changed now, he got braver. -administrator]
I present some of the more entertaining (and less threatening or vulgar) comments, solely to strengthen the hypothesis of my article. Enjoy.
“Moore can go on over to Red China and enjoy retirement with his Commie peers” (Is California an acceptable substitute?)
“Not only do you not speak Italian, but you have never even been to Italy.” (True. I do not speak Italian. How I ever thought I could investigate a crime is beyond me. Good thing the FBI never asked. As far as never being in Italy, several airlines owe me a refund.)
“We know you are not very well educated, Mr Moore” (This is not my fault, private universities are not what they used to be.)
"You and your eccentric wife….. are useless, publicity-obsessed clowns." (We are not useless.)
Shut up, Moore - you fat clown.(I thought you had to be tall and intelligent to get into the FBI.) (You do. I got a waiver.)
"....moronic, delinquent three-year-old...." (You forgot about the part in the article where you disagreed with me. You know, what I'm wrong about?)
"Shut up Michelle - you Moron." (Apparently, one reader felt that a pro-Steve poster was actually Michelle. It wasn’t.)
"Don't forget that as well as Mr Moore's extensive career and military credentials, Jesus would also like him for a sunbeam." (That hurts, as it obviously came from a Baptist. Or a Nirvana fan.)
"You are raving…... Calm down and find a job." (I was excited until I found out the word wasn't 'ravishing.')
"Wasn't smart enough to go to EITHER med school or law school." (Again, an obvious requirement for investigations or opinions. Not sure if I was or was not smart enough. Never applied to either. I did get a congressional nomination to the Air Force Academy. Again, education failed me.)
"...Pilot that became a campus security guard..." (I just always wanted to ride in golf carts)
"I feel sorry for your shallow intellect." (Mom? Is that you?)
"What, are you a Communist now that you're out of the FBI, which you infiltrated." (Confused. Did I infiltrate the communists or the FBI?)
"You are a self-destructive nut without a cause.....mercurial madness...." (The "mercurial madness" allegation made me really mad. Then, it didn't. Then it did again.)
"Are you trying to kill your own mother?, what an opening to your crappy opinion piece." (How is that tin-foil hat working out for you?)
"You gonna plop on your fat behind. Roll down the hill, baby…." (Stop looking at my butt.)
"You've always hated women. Now it's Ann Coulter alias your Mom. Maybe Mom and Ann both have gunsafe fuller than yours, that the problem?" (Mom's gun safe can't hold a candle to mine.)
"When are you going to turn on Michelle and Megan(sic)?" (Michelle is already turned-on by me. Meg will always see me as just "dad." But thanks for the gross question.)
"Steve was reassigned as a pilot and is awfully young to have "retired" from the FBI." (Awwwwww.....shucks. Thank you.)
"I feel genuine pity for the man and hope that he can find effective treatment." (Doctors have determined that the most effective treatment for me involves hand-rolled cigars and single-malt scotch. I accept donations care of injusticeinperugia.com. I KNOW some of you are from the UK. Give 'till it hurts.)
"You are clearly beyond educating, Moore. Find yourself an easy job and leave the serious stuff to clever people." (I'm looking into politics.)
"Mr Moore and his wife lost every single shred of credibility outside of the US bible belt when they said they were doing God's work….[they] should be ignored immediately due to their over reliance on myths and 2000 year old fairy stories. If you want to get any respect back Steve, start listening to reason as opposed to God or your wife." (Remember, ignore Steve because he believes in God, not because of facts. Obviously, nobody who believes in God can be competent. I sincerely hope your next airline pilot doesn't believe in God.)
"Go read some Richard Dawkins, Phillip Pullman and Douglas Adams then laugh at your bible and start living your life without fear of someone who doesn't actually exist." (Let's bet on the whole 'existence of God' thing. No money, we've already got more than that riding on it.)
"To begin with you say you are a career FBI agent. OK so why is it, given your age, you are no longer employed by the FBI?" (How old do you think I am?)
"You state that you have all these qualifications. (Helicopter pilot etc;) So how come you are not gainfully employed ferrying workers out to oil rigs in the gulf?" (Have you ever been to Morgan City, Louisiana?)
"An undercover agent! How exciting, and how long did you sit in the car wearing a suit as a disguise while eating donuts?" (Not sure if Apple Fritters are officially donuts.)
"A certified sniper. Congratulations upon being able to hit a barn from the inside..." (I think you are unclear on the concept....You don't happen to live in a barn, do you? Would you mind terribly standing next to one?)
"Thank God your wife is working, probably at MacDonalds (sic)." (So that's where you've been Michelle?)
I'll finish with something that will (regrettably) enrage some of my new "fans:" A closing analogy which mentions both guns and God.
When I was on SWAT, my son once asked me what I would do if a gang-banger tried to shoot me with a machine gun. (That's the gun part)
"I would thank God," I said. (That's the God part)
"Why??" He asked, incredulous.
The answer was very simple. Once the trigger is pulled, a machine gun is about as controllable as a fire hose (which is frequently manned by two fire fighters.) Unless a person is highly trained, machine guns cannot be effectively aimed once it starts firing. And firing at 800 rounds a minute, they will empty themselves in about two seconds. So all the bullets go over your head, and the shooter is unarmed almost immediately. The shooters who concerned us were those who were careful, deliberate, held a gun properly and seemed to know what they were doing.
The individuals who responded to my article are like those machine-gun-toting gang-bangers. Their 'weapons' apparently made them feel powerful, yet ultimately, their responses were un-reasoned, out of control, and completely ineffectual. I'm almost disappointed, because the facts are on my side, and I'd kind of like to debate them.
And Michelle, please bring home a Big Mac. Combo. And Super-Size it.
At Long Last, Ms. Coulter,
have You No Sense of Decency?
This is a difficult article to write. It’s kind of like being a cop and finding out that the burglar you’re looking for is your mom.
You see, I’m a lifelong Republican. I tell you this not because I want to pick a political fight, argue ideology, make you like me, or certainly make you dislike
me. I tell you this because I am having an identity crisis. For years, you see, I watched Fox News, and for a while I even listened to Rush. I thought Ann Coulter was irreverent, a little over-the-top, but generally right, though I occasionally winced at her statements.
I was a career FBI Agent, the son
of an FBI Agent. I was a SWAT team-member, a certified sniper, an undercover agent, and a helicopter pilot. I followed terrorism investigations overseas into Pakistan and Indonesia. I have (and wear) American flag lapel pins. I own guns. I haven’t voted for a Democrat for president since….well, ever. I am a member of the National Rifle Association, and I am an NRA certified Law Enforcement Firearms Instructor. I do not buy carbon credits. I have never even sat in a Suburu. My current car has 300 unapologetic horsepower. I love animals but enjoy a good steak.
I consider myself a Christian. I believe God loves me in spite
of my weaknesses and failures, not because of their absence. I depend on God daily to teach me, to give me guidance, and to shape me into a person who cares more about others than I do myself. I am not there yet, by the way, but that’s not an excuse not to keep trying.
And now, to my amazement, I’ve just found out that I’m a “Liberal.”
This comes as a terrific surprise to me, but if Ann Coulter says it, it must be true, as she’s never wrong. In fact, not only am I a liberal, but according to her, I’m suffering from a “psychological disorder.”
According to her, I’m also “demonic”
because I “intentionally defend the guilty and impugn the innocent,” I “side with barbarians,”
because “a fair and just system of law challenges [my] hegemony as a “judge of the universe.”
As you may understand, this has come as quite a shock to me. How did this happen? How could I have been so wrong about myself?
Apparently, this radical change happened when I discovered that an innocent person had been convicted of murder and I tried to do something about it. Maybe it happened to you, too. (If so, don’t tell Ann Coulter.)
In an article on September 7, 2011, mean-spiritedly entitled “Amanda Knox: The New Mumia,”
Coulter uses lists of long-discredited, flat-earth-society “facts” to postulate the guilt of Amanda Knox, the American College student railroaded for murder in Italy in 2007. Coulter initially branded Knox as guilty several years ago, based on Knox’s alleged purchase of bleach on the morning after the murder of her roommate. This type of American press savagery is partially why Knox is still in prison four years later. Because this alleged bleach purchase never happened: No bleach was ever found, no records of any such purchase exist, the checkout employee flatly stated that Knox was not in the store that morning; and regardless, the crime scene that Knox is wrongly accused of causing was not cleaned with bleach
. I knew these things about the bleach at the time Coulter said them, but I simply chalked it up to the fact that investigating violent crime wasn’t a hobby for me. But I was still disappointed, because Coulter and I shared some conservative political
views and I trusted her. (Now that I realize I am a ‘liberal’ I am not sure how this could have been possible.)
After Coulter’s unfounded bleach “fact” was shown to be apocryphal, she fell into a long silence about the case. I naturally assumed that she had learned that the facts on which she based her conclusion were wrong, and that she therefore changed her opinion and was weighing how to best help this innocent girl. Instead, Coulter fired back this week with a list of even more incorrect, discredited facts; an article simply breathtaking in its naiveté. The problem with this isn’t simply that people more knowledgeable about the crime than her (lawyers, FBI agents, judges, scientists, DNA experts, senators, FBI profilers, almost a dozen members of the Italian Parliament, Pulitzer-prize winning journalists and New York Times Best-Selling authors) have all come to the conclusion that Knox is innocent. The problem is that Coulter is quoting “facts” discredited over a year ago.
The other problem is that that if you disagree with her, you are evil.
Coulter alleges in her 9/7 masterwork; “Now liberals are howling that the DNA evidence was "contaminated,….”
For the readers’ edification, here is a short list of just some of the ‘liberals’ who have spoken out in favor of Amanda Knox’s innocence: Megyn Kelly, Shepard Smith of Fox News, Bill O’Reilly, Geraldo Rivera, and Donald Trump, who recently attended a tree-hugging, “pinko” rally held by a group calling themselves the “Tea Party.” In fact, a recent meeting between me and another “liberal” who believes Knox was railroaded was held at the Ronald Reagan Library in Simi Valley, California, because both of us are inexplicable admirers of the man.
In her magnificently naïve article of the 7th, Coulter quotes more than a dozen “facts,” all of which she says proves Knox’s guilt, and all
of which have been thoroughly deconstructed. If not, the fact that the DNA evidence was false would not have any bearing on the case, and the release of Knox would not be imminent. I have no intention at this point of going point by point through Coulter’s charges, which appear to say something, but hide the real truth. I would rather argue with a 9/11 conspiracy theorist. (Or have dental surgery in Somalia.) There are only so many times I can stand to say the same thing to a stone wall. If you care to see the real facts of the Knox case, visit injusticeinperugia.org.
But what is more striking than Coulter’s incredible ignorance about the case is her startlingly bigoted assessment of anybody who disagrees with her. She leaves the intelligent reader speechless and just a little afraid.
But this shouldn’t surprise us, really. Coulter is becoming a pariah even to conservatives. Until 2001, for instance, Coulter was a columnist for National Review Online,
a sharply conservative publication. But she was fired. Why? Jonah Goldberg, editor at large of NRO said at the time; “We did not ‘fire’ Ann for what she wrote…we ended the relationship because she behaved with a total lack of professionalism, friendship and loyalty.”
Coulter’s syndicated column was dropped by the Arizona Daily Star in August 2005, because, “Many readers find her shrill, bombastic and mean-spirited. And those are the words used by readers who identified themselves as conservatives.”
It’s not simply the bigotry inherent in her statements that is disturbing. It is the propaganda-like nature of her tactics. Propaganda is defined as “Information of an intentionally misleading nature, used to promote or publicize a particular political cause or point of view.” The best propaganda is that which has the ring of truth, but hides the salient facts. In that way, propaganda is like a bikini; what it shows appears to be important. But what it hides is crucial.
In short, propaganda is not defined so much by what it says, as by what it hides. For instance, Coulter never mentions (conveniently) that the prosecutor in the Knox case has been convicted and sentenced to prison for malfeasance, and was under indictment at the time he prosecuted Knox. His crime? The abuse of the rights of innocent suspects and random, vicious threats and accusations. You would think this germane to the conversation, would you not? But Coulter leaves that gem out. As Coulter herself said in 2002, “I don’t pretend to be impartial or balanced….”
Coulter also conveniently omits that the loss of the DNA evidence she blames on American liberals was actually at the hands of court-selected Italian (not Italian-American) DNA scholars designated as independent experts by the Italian judge. The only American officially involved in the case is Amanda Knox.
But still, it is “liberals”
who are trying to spring a ‘guilty’ Amanda. As an example; Coulter spews the following; “From Tawana Brawley, Mumia and the Central Park rapists, to the Duke lacrosse players and Karl Rove, liberals are always on the wrong side of a criminal case. A few times could be a coincidence; every time is evidence of a psychological disorder.”
Let’s be clear on this; I was outraged by the Brawley lies, I believe Mumia was guilty, and I find justice and immense peace in the fact that murderer Leonard Peltier will die in prison. But I also know from a quarter-century in the FBI that most criminal cases do not split on party lines.
As described in her (eponymous?) book "Demonic," Coulter alleges that“liberals defend the guilty and impugn the innocent not only because they side with barbarians, but because a fair and just system of law challenges their hegemony as judges of the universe.”
This hurts me now that I find that I am a liberal. And because I have friends who are liberal. It also hurts me because it’s stupid. It’s a statement that might fit some (on both sides), but as a blanket statement, it is pure bigotry. Not surprising from a woman who famously stated in the British newspaper, “The Guardian,” “[The United States] would be a much better country if women didn’t vote.”
Maybe it would be a better country if this particular woman couldn’t communicate.
What Coulter has written bears more similarity to a drive-by shooting than it does to a journalistic endeavor. Denigrating and dehumanizing those who disagree with her is really not original, it was used with flair in the early 1950’s when Senator Joseph McCarthy went on a reactionary rampage using as his antagonist not “liberals” but “communists.” But the methods were the same; if you disagreed with McCarthy, you were obviously a communist. And like McCarthy’s rampage, innocent, real people are getting hurt.
It is to the conservative movement’s shame that they did not ‘self-police’ the problems with Joseph McCarthy. I hope to become a conservative again, notwithstanding Ann Coulter’s permission. But now I know how peaceful Muslims feel about Al Qaeda. If I, as a conservative, stay silent about Coulter and other demagogues, then the ideas in which I truly believe will be viewed not on their merit, but by the people who espouse them. I don’t want people to think of Ann Coulter when they hear the word “conservative” any more than many “liberals” want be defined by Michael Moore (I hope.) I also wish that when people heard the name “Jesus” they didn’t think of politics.
Maybe Coulter’s own words will do the trick. It took Edward R. Murrow, other senators and McCarthy’s own excesses to ruin him. Murrow’s words about McCarthy seem strangely prescient in this instance: “We must not confuse dissent with disloyalty. We must remember always that accusation is not proof and that conviction depends upon evidence and due process of law. We will not walk in fear, one of another. We will not be driven by fear into an age of unreason, if we dig deep in our history and our doctrine, and remember that we are not descended from fearful men — not from men who feared to write, to associate, to speak and to defend causes that were, for the moment, unpopular.”
Finally though, the most appropriate rebuke for McCarthy, and again, strangely fitting for Coulter, was a moral rebuke, and came from Chief Counsel of the United States Army Joseph Welch during a senate hearing. Welch had recommended a young attorney to work for the very committee that McCarthy was using as a career springboard. But McCarthy found out that the attorney was a member of the “Lawyers Guild,” which McCarthy maintained was a communist front. He then attacked this young attorney in public, not with real facts, but with innuendo, attempting to destroy his career to further his own; a type of political vampirism. Finally, Welch had had enough. With deep emotion, Welch rebuked McCarthy during a hearing in one of the most dramatic moments in congressional history. “Until this moment, Senator, I think I never really gauged your cruelty, or your recklessness. Fred Fisher is a young man who went to the Harvard Law School and came into my firm and is starting what looks to be a brilliant career with us…..” “Let us not assassinate this lad further, Senator. You’ve done enough. Have you no sense of decency, sir? At long last, have you left no sense of decency?”
Welch speaks eloquently for us today. Until Coulters September 7th article in which she attempts to sacrifice an innocent girl’s future on the altar of the god who would guarantee her own, I had really never gauged her cruelty and her recklessness. Amanda Knox is a fine young woman who was railroaded by a deranged prosecutor in Italy in a failed attempt to save his own career. Ann Coulter is now using that tragedy to further her own career. So now we are left with just one question;
“Have you no decency, Ms. Coulter? At long last, have you no sense of decency?”
Bridget Bishop was the first to be hung in Salem for witchcraft. She was a twice-widowed tavern owner, owning "an ordinary" on the road between Salem and Beverly. She served a new and powerful drink called "rum" to many of the sailors who frequented her place. The sailors also played an evil new game called "shuffleboard that upset many of the neighbors. Bridget wore bright clothes, a major offense in the eyes of the Puritans of Salem.
A great public outcry has erupted in the United States about the not-guilty verdict in Florida. Almost everybody seems to have an opinion on Anthony’s guilt or innocence, and most are not afraid to express them.
I want to say up front that I am not about to advocate for either the innocence or the guilt of Casey Anthony.
Once again, we have millions of people making a personal determination on guilt or innocence dependent solely on what they heard in the press. Of these millions of people, maybe dozens were ever in the courtroom for a single day. While Americans were dying in Iraq and Afghanistan, while Jason Puracal, an innocent American was being held captive on trumped-up murder charges in Nicaragua, while the extent and tactics of the railroading of Amanda Knox in Italy was being exposed to the rest of the world, a great mass of the American press was focused on one case in one (obviously gut-wrenching) murder trial. This was not any great search for justice, any great quest to honor the memory of a poor, murdered girl; this was a quest for ratings; and with ratings, for career; and with career; fame and money.
(I say this with some trepidation, because I have in the past appeared on these same shows. And likely will not be asked again after this post).
With the motivations enumerated above, what would advance the interests of this segment of the media? Facts that supported Anthony’s innocence? Or sensational facts that cause more buzz? I would postulate that anything that would work against or disprove the perceived (and reported) wanton, cold, sociopathic killing of an adorable child would tend to calm the anger and the blood-thirst of an angry population, which would hurt ratings. It is the very anger and desire for retribution of much of the populace that causes them to watch these types of shows. This is the modern equivalent of the mob which chased the Frankenstein monster with pitch forks and torches. These are not all the viewers, but they are certainly some.
Therefore, the media has a vested interested in broadcasting salacious details of these types of cases, and a disincentive for broadcasting or exposing exculpatory information. These news shows are not the New York Times, either. They are shows that appeal to a different audience and are in the running for Pulitzer Prizes much the same way Animal House was in the running for an Oscar. I have a built-in distrust of these types of shows. I’ve seen it from the inside.
I am not saying that Casey Anthony is in reality innocent of the charges. I am not saying that she is guilty, either. I am saying that I haven’t seen the evidence, and until I do, I will have to trust the jury, the court and the justice system for the verdict.
Too often, there is a tendency to "follow the crowd" and make a determination of guilt or innocence based simply on what appears in tabloids, or the rumors one has heard. This is why Amanda Knox is in prison. I am disturbed by people decrying the Anthony verdict who I know for sure know nothing about the case. I do not want to ever make a public statement on a person's guilt or innocence until I have done my "due diligence." I was involved in the investigation of at least one FBI Agent involved shooting. Several law enforcement officers were at the scene of a short but vicious gun-battle. The only one who did not shoot was the FBI Agent. I asked several of the agents from other agencies why they shot. Two said, "My partner shot at the guy, so I shot, too." So I asked, "But what was the suspect doing that was dangerous? Did he have a gun? Was he shooting? What?" The answer was disturbing; "I didn't see what he was doing, I was backing up my partner." The agent I spoke to, I am relieved to say, said; "I didn't know why everybody was shooting. I didn't see the threat." Sending bullets 'down-range' without knowing what's going on can kill an innocent person based on the repeated, un-examined mistake of the one officer.
I have yet to hear of a person who really understands the evidence in the Amanda Knox case say that they believe she is guilty. Yet, during the first trial, there was no shortage of uninformed people willing to say Amanda was guilty; people who knew little or nothing about the real evidence. I am not saying that only those who sat through the case in its entirety or had access to the raw evidence can make an informed decision. The more evidence you have, the more informed a decision one can make. But most people were making pronouncements without any functional knowledge at all. I actually heard someone say, "That American girl? What's her name? Oh, she's a witch." She didn't even know her name. Yet she claimed to know enough to condemn her. Some have seen the available evidence in the Anthony case in the legitimate press and have made more informed decisions. In the Amanda Knox case, I did the same thing. And once I saw the actual evidence, I changed my mind about believing the jury: Amanda Knox was framed. I learned that I cannot always trust every jury and every justice system. I have no idea whether Casey Anthony killed her daughter. But it is somewhat moot, as Casey is not in prison.
In the U.S., defendants are considered innocent until proven guilty.
There is a term in aviation called the "failure mode." It is what happens to a particular piece of the airplane when that piece fails. For instance, when traffic lights fail; rather than displaying green on all sides, which would be disastrous, they fail to a flashing red. When aircraft hydraulics fail, the landing gear generally falls down. When electronic engine controls fail, the engine generally goes to 3/4 power, not idle, which means you can get to an airport. It is all aimed at insuring that if something goes terribly wrong, that the best result possible happens. An example of a bad failure mode is the DC-10. As United Airlines found out over Sioux City, Iowa, when you lose hydraulic pressure in a DC-10, the airplane is no longer controllable. 184 of 296 people died, because the failure mode was not considered.
U.S. courts do not always default to the "innocent" position when they fail. But they are supposed to. So when I see a very controversial verdict and realize that the decision was made in favor of innocence, I at least have the comfort in knowing that the failure was, if it was a failure, in the right direction.
In the U.S., when the justice system fails, it fails to the "innocent" mode. I'm glad it does. If it failed to the guilty mode, anybody who could not prove their innocence would go to jail or be executed. I almost threw a hammer through the TV when O.J. Simpson, who I believed (and still believe) killed two people, was acquitted. But compared to Amanda Knox doing (so far) four years in an Italian prison for a murder she did not commit, that anger and frustration was inconsequential. The “failure to innocence” is a standard from Biblical times. These are some of my favorite examples of the depth and breadth of the standard of “innocent until proven guilty,” and the greater need to protect the innocent than to punish the guilty.
On 3 October 1692, while decrying the Salem witch trials, Increase Mather wrote, "It were better that Ten Suspected Witches should escape, than that the Innocent Person should be Condemned."
Benjamin Franklin wrote: "It is better [one hundred] guilty Persons should escape than that one innocent Person should suffer," or even better;
God: (Exodus 23:7) "Have nothing to do with a false charge and do not put an innocent or honest person to death, for I will not acquit the guilty." Note: God says WE might acquit the guilty, but HE will not.
And finally: Abraham and God when God said he was going to destroy Sodom;
“Then Abraham approached [God] and said: “Will you sweep away the righteous with the wicked? What if there are fifty righteous people in the city? Will you really sweep it away and not spare the place for the sake of the fifty righteous people in it? Far be it from you to do such a thing—to kill the righteous with the wicked, treating the righteous and the wicked alike. Far be it from you! Will not the Judge of all the earth do right?”
The LORD said, “If I find fifty righteous people in the city of Sodom, I will spare the whole place for their sake.”
Abraham bargained him down through several levels until God finally agreed to spare an entire city if it would have cost the punishment of ten innocent persons.
Abraham asked; “What if only ten can be found there?”
[God] answered, “For the sake of ten, I will not destroy it.”
Is Casey Anthony innocent? I believe that the prosecution was not able to prove her guilt. If she was guilty, then that was their burden and they failed to meet it.
If the justice system failed, it failed in the safest mode.