On July 9, 2011-–Republican extortionists again threatened the Nation with financial ruin and international disgrace unless their demands were met.
President Obama had offered to make historic cuts in the Federal Government and the social safety net–on which millions of Americans depend for their most basic needs.
And the Republican response?
Said Rep. Darrell Issa, chairman of the Oversight and Government Reform Committee:“Quite frankly, [Republican] members of Congress are getting tired of what the president won’t do and what the president wants.”
Noted political analyst Chris Matthews summed up the sheer criminality of what happened within the House of Representatives.
Speaking on MSNBC’s “Hardball,” on July 28–five days before Congress reached its August 2 deadline to raise the debt-ceiling–Matthews noted:
“The first people to bow to the demands of those threatening to blow up the economy were the Republicans in the House, the leaders. The leaders did what the followers told them to do: meet the demands, hold up the country to get their way.
Chris Matthews
“Those followers didn’t win the Senate, or the Presidency, just the House.
“But by using the House they were able to hold up the entire United States government. They threatened to blow things up economically and it worked.
“They said they were willing to do that–just to get their way–not by persuasion, not by politics, not by democratic government, but by threatening the destruction of the country’s finances.
“Right. So what’s next? The power grid? Will they next time threaten to close down the country’s electricity and communications systems?”
With the United States teetering on the brink of national bankruptcy, President Obama faced three choices:
- Counter Republican extortion attempts via RICO–the Racketeer Influenced Corrupt Organizations Act.
- Make a “Cuban Missile Crisis”-style address to the American people, seeking to rally them against a criminal threat to the financial security of the Nation.
- Cave in to Republican demands.
Unfortunately for Obama and the Nation, he chose Number Three.
The results were easily predictable: Emboldened by success, the extortionists continue to make even greater demands.
Such as those now being made: De-fund Planned Parenthood or we’ll destroy the country.
But this is a nightmare that doesn’t have to be.
There are, in fact, two ways to avoid it.
Assuming that President Obama doesn’t once again surrender to Republican extortion demands, he has two formidable weapons he can deploy:
First Option: RICO to the rescue
The Racketeer Influenced Corrupt Organizations (RICO) Act is a provision of the Organized Crime Control Act of 1970. It authorizes prosecution for acts performed as part of an ongoing criminal organization.
It has been applied to not only the Mafia but to individuals, businesses, political protest groups, and terrorist organizations. In short, a RICO claim can arise in almost any context.
Such as the one President Barack Obama faced in 2011 when Republicans threatened to destroy the credit rating of the United States unless their budgetary demands were met.
And such as the present case when Republicans are again threatening the security of the Nation with extortionate demands.
RICO opens with a series of definitions of “racketeering activity” which can be prosecuted by Justice Department attorneys. Among those crimes: Extortion.
Extortion is defined as “a criminal offense which occurs when a person unlawfully obtains either money, property or services from a person(s), entity, or institution, through coercion.”
The RICO Act defines “a pattern of racketeering activity” as “at least two acts of racketeering activity, one of which occurred after the effective date of this chapter and the last of which occurred within ten years…after the commission of a prior act of racketeering activity.”
And if President Obama believes that RICO is not sufficient to deal with extortionate behavior, he can rely on the USA Patriot Act of 2001, passed in the wake of 9/11.
In Section 802, the Act defines domestic terrorism. Among the behavior that is defined as criminal:
“Activities that…appear to be intended…to influence the policy of a government by intimidation or coercion [and]…occur primarily within the territorial jurisdiction of the United States.”
Republicans are now demanding that Democrats de-fund Planned Parenthood or be forced to shut down essential services needed by millions of Americans.
That clearly falls within the legal definition of “activities…intended…to influence the policy of a government by intimidation or coercion.”
The remedies for punishing such criminal behavior are now legally in place. President Obama need only direct the Justice Department to apply them.
President Obama can direct Attorney General Loretta E. Lynch to investigate whether Republican Congressman—and their Tea Party cohorts—have violated Federal anti-racketeering and/or anti-terrorism laws.
- Lynch can order the FBI to conduct such an investigation.
- If the FBI finds sufficient evidence that these laws had been violated, Holder can empanel criminal grand juries to indict those violators.
Criminally investigating and indicting members of Congress would not violate the separation-of-powers principle. Congressmen have in the past been investigated, indicted and convicted for various criminal offenses.
Such indictments and prosecutions–and especially convictions–would serve a truly cleansing function.
They would serve notice on current and future members of Congress that the safety and fortunes of American citizens may not be held hostage as part of a negotiated settlement.
