Tag Archives: executive orders

Trump Tweets About a Domestic Nacht und Nebel Decree

Friends of Padre Steve’s World,

Today President Trump tweeted something against the ANTFA which could be used against any domestic opponents if he tried to implement it. The tweet read:

”Conisteration is being given to declaring ANTIFA, the gutless Radical Left Wack Jobs who go around hitting (only non-fighters) people over the heads with baseball bats, a major Organization of Terror (along with MS-13 & others). Would make it easier for police to do their job!”

Please note, I support the ANTIFA as much as I do White Supremacists, Neo-Nazis, and the KKK. That means I don’t. That being said ANTIFA efforts are always directed at events where the White Supremacy groups are gathered, and usually threading racial or religious, and LGBTQ supporters.

Most of their protests are peaceful, and unlike their opponents on the Right they are not a unified body and have no national organization. The political Right, especially the President tend to lump any opponent as ANTIFA. Likewise, unlike White Supremacist groups, which the FBI have labeled as extremist groups, the ANTIFA, which began as an Anti-Fascist and Anti-Nazi movement in the 1920s and 1930s, has not been labeled as such and despite my best efforts to find recent deaths attributed to them I cannot. On the other hand White Nationalist and Supremacist groups have killed far more Americans than any domestic terror organization. Thousands, dating back from Reconstruction, Jim Crow, the Civil Rights movement to Charlottesville have been systematical murdered by them.

But seriously, Senator Ted Cruz and GOP Representative Bill Cassidy Of Louisiana introduced legislation to label the ANTIFA as a Domestic Terror Organization. In fact they are nothing of the such, they are a disparate group of individuals with no national or statewide organization, unlike their opponents on the right. To be sure the last sentence of the Cruz-Cassidy legislation mentioned White Supremacist groups, but when the President and high administration officials defend those group daily it is hard to believe that such a law would be uniformly enforced.

I am sorry, unless one is willing to label the violent racist groups of the Right as domestic terror groups, and implement harsh policies against their violence and intimidation then this smacks of a Hitlerian Decree. It is a Reichstag Fire Decree and Night and Fog Decree wrapped into one unwholesome package, with dire impact for any person who writes or protests against the policies and actions of the Trump Administration.

Trump’s tweets and the legislation of Cruz and Cassidy are dangerous. They are going to lead to far worse. Do I think that the Cruz-Cassidy legislation ever being signed, but the President can do a lot with previously issued legislation and executive orders should he make the decision.

In Hitler’s Germany the Reichstag Fire Decree allowed his government under the Weimar Constitution to rule by decree and jail political opponents.   On March 10th 1933 the Malicious Practices Act made even the slightest dissent, including joking about or criticizing members of the Nazi government a crime, punishable by being sent to a Concentration Camp. On July 14th 1933 the Hitler government declared the Nazi Party to be the only legal political party. The previous Conservative and Center parties had either already dissolved themselves while the Communists and Socialists were outlawed. Formation of any new political parties was outlawed.

The Nuremberg Laws Of 1935 stripped the Jews of citizenship rights. The Nacht and Nebel Decree of December 7th 1941 was used as a way to eliminate resistance members and dissenters in occupied countries by either murdering them or shipping them to Concentration Camps.

Heinrich Himmler wrote on that day:

“After lengthy consideration, it is the will of the Führer that the measures taken against those who are guilty of offenses against the Reich or against the occupation forces in occupied areas should be altered. The Führer is of the opinion that in such cases penal servitude or even a hard labor sentence for life will be regarded as a sign of weakness. An effective and lasting deterrent can be achieved only by the death penalty or by taking measures which will leave the family and the population uncertain as to the fate of the offender. Deportation to Germany serves this purpose.”

Less than a week later Field Marshal Wilhelm Keitel ordered the German military:

“Efficient and enduring intimidation can only be achieved either by capital punishment or by measures by which the relatives of the criminals do not know the fate of the criminal.” 

The President’s continued ill-regard for the Constitution, our laws, our system of government and the long established guardrails to prevent tyranny are increasing. The danger is real.

It is true that this is not Germany of 1933, and that Trump, despite some of his similarities is not Hitler, Mussolini, or Stalin, but he is getting more dangerous with every passing day. The frightening thing is that he may find an already existing law or executive order to outlaw any opposition to him, and willing accomplices to enable him to do it.

After the Liberation, a Nacht und Nebel Prisoner’s Uniform 

Historian Timothy Snyder noted:

“The European history of the twentieth century shows us that societies can break, democracies can fall, ethics can collapse, and ordinary men can find themselves standing over death pits with guns in their hands. It would serve us well today to understand why.” 

That is something we must ask ourselves today.

Until tomorrow,

Peace,

Padre Steve+

 

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Filed under civil rights, ethics, History, holocaust, nazi germany, News and current events, Political Commentary

A Worrisome Anniversary: The Reichstag Fire at 85 and it’s Relevance Today

 

riechstag fire
Friends of Padre Steve’s World,

There are times that is terrifying to be a historian who has specialized in the study of tyrannical regimes especially on the anniversaries of significant events that changed the course of nations. One of those was the Reichstag Fire the 85th anniversary of which is tomorrow, February 27th. The fire was set by Marinus (Rinus) van der Lubbea Dutch Communist who was acting alone. Hitler, backed by the aging and doddering President Paul Von Hindenburg was given power to suspend constitutional rights indefinitely by acting under Article 48 of the Weimar Constitution through the Order of the President of the Reich for the Protection of People and State. I will discuss that tomorrow.

Ever since my undergraduate study working under Dr. Helmut Huessler at California State University Northridge I have studied the transition of society from democracy to dictatorship. While my studies then and ever since focused on the rise of National Socialism in Germany, the fact is that what happened in Germany was not unique, it is a part of the human condition and the people of any country can find themselves under the foot of a dictatorship if the conditions are right. I believe that conditions in the United States have never been more ripe for the establishment of an authoritarian regime, possibly even a dictatorship, than they are today.

When I read through the text of President Trump’s speech at CPAC and the response of the NRA to the massacre in Parkland Florida shuddered.  They were the words that an autocrat would use, and the vehemence of the CPAC crowd, which just a few years ago prided itself as being the intellectual bastion of conservatism. Speakers and panel members who dared to question the movement were heckled, jeered, and threatened. Mona Charen, a long time conservative who had worked for both William Buckley and Ronald Reagan, had to be escorted out by security officers concerned for her safety.

I realize that despite chaos that is engulfing the House of Trump; despite more and more of his advisors being indicted by the Muller investigation of the Trump campaign and family connections to Russia, the more I become more concerned that the unthinkable will happen and something will occur that will allow the President to seize power under the pretext of national security; most likely a war, or a major terrorist attack, using existing National Security Executive Orders dealing with the continuity of government functions as a result of catastrophic emergency. The latest of which is National Security and Homeland Security Presidential Directive (National Security Presidential Directive NSPD 51/Homeland Security Presidential Directive HSPD-20) of 4 May 2007 which defines a catastrophic emergency as “any incident, regardless of location, that results in extraordinary levels of mass casualties, damage, or disruption severely affecting the U.S. population, infrastructure, environment, economy, or government functions.”

I believe that if or when one or the other happen that the Trump regime will use it to suspend civil rights and liberties and maybe even suspend Congress and the courts in the name of security and under existing provisions. Sadly, I think that in such a case that very few people would resist such a takeover. Of course the 35% or so of people that would support him as he said, even if he shot someone on 5th Avenue would be at the forefront probably even using extrajudicial means to apprehend, persecute, or kill anyone suspected of disloyalty. But I also believe that many other people would follow all because they are afraid and desire security more than freedom.

Now the psychological preparation for such an event is not all Trump’s doing; for the last three decades many of those that now support him, especially the leaders of the Religious Right, Fox News, and radio and internet demagogues have prepared the ground for his rise.

Dr. Timothy Snyder, the historian from Yale has warned us in his book On Tyranny. He noted:

“Be calm when the unthinkable arrives. Modern tyranny is terror management. When the terrorist attack comes, remember that authoritarians exploit such events in order to consolidate power. The sudden disaster that requires the end of checks and balances, the dissolution of political parties, the suspension of freedom of expression, the right to a fair trial, and so on, is the oldest trick in the Hitlerian book. DO NOT FALL FOR IT.”

Human beings are the one constant in history, and human nature is very consistent when it comes to how we respond when under attack. One only has to think of the fear that followed the 9-11 attacks and the willingness of people to give the government vast new powers. Those included The Patriot Act and an authorization for the use of military force against Al Qaida which has not been updated or supplemented since 2001, and which has been used for operations around the world which are completely unconnected to the initial authorization.

I believe that the chances of such an event occurring have gone up exponentially.  Part of this is because the President and the Executive branch have not filled many critical ambassadorships, as well as thousands of key billets in the State Department, the Department of Defense, the Department of Justice, and the Department of Homeland Security.

This is a very dangerous time and every day I wake up wondering if this will be the day that our Republic as we knew it dies. I do not know if this will be the result of a war a major terror attack, or even an unexpected financial crisis, but as things spiral out of control I cannot shake the feeling that we are going to have our Reichstag Fire moment, and that we will not rise to the challenge. Instead I think that most Americans will give up freedom in the name of security simply because that is human nature and has been demonstrated throughout history on every continent. James Madison noted:

“The means of defence against foreign danger have been always the instruments of tyranny at home. Among the Romans it was a standing maxim to excite a war, whenever a revolt was apprehended. Throughout all Europe, the armies kept up under the pretext of defending, have enslaved the people.”

Now is a time that we must all be awake and aware of what is going on in our country and the world. The storm clouds are building and we most be cognizant of the times or be engulfed and overwhelmed when the unthinkable arrives. That may not be pleasant to contemplate, but it is necessary.

I would like to believe that I will be proven wrong and honestly I want to be proven wrong because I do not want our nation to have to endure war, terrorism, or the rule of a tyrannical despot backed by fanatical and heavily armed followers.

So, until tomorrow I wish you a good day,

Peace,

Padre Steve+

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Filed under History, national security, nazi germany, Political Commentary

“Because we Loved our Country!” Why People Believe the Lies

seanspicer_brownsuit

Press Secretary Sean Spicer

Friends of Padre Steve’s World,

I couple of days ago I asked the question “how did we get here?” when I was discussing drumbeat of lies, which are now called alternate truth by the President and members of his administration. As the past few days have unfolded I have asked the question to myself a number of times as the statements continue, along with the admonitions from Steve Bannon, Sean Spicer, and Kellyanne Conway to “always believe” what is being said by the President and for the media and other critics to “shut up.” The media of course now is always lying so it goes, and sadly some journalists have added fuel to the flame by misreporting, that doesn’t mean that journalists or the press as a whole are lying, but it sets up straw men for the President and his advisors to attack. Opposition is considered treason, and opponents must be silenced because it is the patriotic thing to do.

Likewise there is the silencing of Federal workers, and even agencies who simply report the truth, and the quashing of dissent by removing officials who may be troublesome later on. His foreign policy seems like it is going to be a go it alone, aggressive hyper-nationalism, forsaking longstanding and faithful allies to ally himself with the Russian dictator, and to threaten military action, trade wars, and to bring back torture. Yet, those are actions that in the long run are bound to destroy the United States, but there is no push back from the GOP majority in Congress.

Then of course are the executive orders which are being issued daily. President Trump is doing exactly what he promised to do during the campaign when we were told not to take what he said literally. Before his inauguration the President said that he may issue 200 executive orders in his first month in office. Such is to rule by fiat, to bypass Congress, the Courts, and ultimately the people, yet it is entirely legal and at the same time if unchecked by the Congress or the Courts will lead to a totalitarian state.

Yet the President’s supporters and the the vast majority of the Republican Congress say nothing and some are calling him brilliant. So I ask myself why? What is going on when people, people who are basically good, turn a blind eye to emerging tyranny. Why is it that otherwise decent, and even brilliant people will allow such things to happen, and even more, to wholeheartedly support the policies.

Then I began to think of the classic film, Judgment at Nuremberg. The question of how many Germans, who should have known better abandoned all sense and supported Hitler seems to me to be quite similar to what is going on with many Trump supporters. They are afraid of the future, they are frustrated, and their fear of the past, present, and future is such that they are willing to cast aside logic and blindly support a man who can only be called a madman. They are doing it out of “love for country.”

In the movie, Burt Lancaster plays a prominent German legal scholar and jurist named Ernst Janning. As the trial dragged on he was content to allow his defense attorney to use whatever means necessary, even re-victimizing the people who were in fact the victims of his own judgments in support of his government’s policy. When he went to the witness stand his conscience finally got the best of him and he explained his guilt and how he and so many people like him abandoned all sense and morality in supporting Hitler. I could imagine when all of what we are just beginning to see happen before our eyes is done, and our world has crashed in about us, I wonder if some of those who supported the President and asked no questions will have the courage to say like Janning:

“There was a fever over the land. A fever of disgrace, of indignity, of hunger. We had a democracy, yes, but it was torn by elements within. Above all, there was fear. Fear of today, fear of tomorrow, fear of our neighbors, and fear of ourselves. Only when you understand that – can you understand what Hitler meant to us. Because he said to us: ‘Lift your heads! Be proud to be German! There are devils among us. Communists, Liberals, Jews, Gypsies! Once these devils will be destroyed, your misery will be destroyed.’ It was the old, old story of the sacrificial lamb. What about those of us who knew better? We who knew the words were lies and worse than lies? Why did we sit silent? Why did we take part? Because we loved our country! What difference does it make if a few political extremists lose their rights? What difference does it make if a few racial minorities lose their rights? It is only a passing phase. It is only a stage we are going through. It will be discarded sooner or later. Hitler himself will be discarded… sooner or later. The country is in danger. We will march out of the shadows. We will go forward. Forward is the great password. And history tells how well we succeeded, your honor. We succeeded beyond our wildest dreams. The very elements of hate and power about Hitler that mesmerized Germany, mesmerized the world! We found ourselves with sudden powerful allies. Things that had been denied to us as a democracy were open to us now. The world said ‘go ahead, take it, take it! Take Sudetenland, take the Rhineland – remilitarize it – take all of Austria, take it! And then one day we looked around and found that we were in an even more terrible danger. The ritual began in this courtroom swept over the land like a raging, roaring disease. What was going to be a passing phase had become the way of life. Your honor, I was content to sit silent during this trial. I was content to tend my roses. I was even content to let counsel try to save my name, until I realized that in order to save it, he would have to raise the specter again. You have seen him do it – he has done it here in this courtroom. He has suggested that the Third Reich worked for the benefit of people. He has suggested that we sterilized men for the welfare of the country. He has suggested that perhaps the old Jew did sleep with the sixteen year old girl, after all. Once more it is being done for love of country. It is not easy to tell the truth; but if there is to be any salvation for Germany, we who know our guilt must admit it… whatever the pain and humiliation.”

I do not know what is going to happen, I still hope and pray that the President will do good things for the country and the world; but every word, and every action coming from him and his spokespeople serve to dampen any measure of hope that I have for this very young administration. Thankfully, there are people who are using legal means to resist and to speak out, but I wonder if that will be enough.

Peace

Padre Steve+

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Filed under ethics, film, History, laws and legislation, nazi germany, News and current events, Political Commentary

The Road to Totalitarianism is paved with Good Intentions

“They that can give up essential liberty to obtain a little safety deserve neither liberty nor safety.” Benjamin Franklin

Hitler presides over the Reichstag during the passage of the Enabling Act

Sometimes in crisis nations enact laws that in the heat of the moment sound quite good. In fact the writers of such laws usually don’t have bad intentions, they react to a crisis enact laws to safeguard society from the events of the crisis which usually included widespread political, social and economic disruption.  In 1919 with the country engulfed in economic, social, political crisis that had evolved into what amounted to a civil war Germany added an article to the Weimar Constitution.  That article was Article 48 and read as follows:

Article 48 of the German Constitution of August 11, 1919:

If public safety and order in Germany are materially disturbed or endangered, the President may take the necessary measures to restore public safety and order, and, if necessary, to intervene with the help of the armed forces. To this end he may temporarily suspend, in whole or in part, the fundamental rights established in Articles 114, 115, 117, 118, 123, 124, and 153

During the turbulent history of Weimar Article 48 was used by the Socialist President Friedrich Ebert who had to guide the country through the collapse of the monarchy, the humiliation of Versailles, the period of hyperinflation as well as an attempted takeover by those who wanted to implement a Soviet government as well coup attempts from the political right.  After Ebert’s death in 1925 Field Marshal Paul von Hindenburg was elected President and during the economic, political and social crisis brought about by the Great Depression invested the conservative Chancellor Heinrich Brüning with the powers of Article 48, something that he also granted to Brüning’s successors Franz von Papen, Kurt von Schleicher and Adolf Hitler.

Under Hitler it was invoked after the burning of the Reichstag, the German Parliament building an event which was very likely executed by the Nazis themselves while blaming the Communists.  It was issued in the following manner:

ARTICLE 1. In virtue of paragraph 2, article 48, of the German Constitution, the following is decreed as a defensive measure against communist acts of violence, endangering the state:

Sections 114, 115, 117, 118, 123, 124, and 153 of the Constitution of the German Reich are suspended until further notice. Thus, restrictions on personal liberty [114], on the right of free expression of opinion, including freedom of the press [118], on the right of assembly and the right of association [124], and violations of the privacy of postal, telegraphic, and telephonic communications [117], and warrants for house-searches [115], orders for confiscation as well as restrictions on property [153], are also permissible beyond the legal limits otherwise prescribed.

Following this the Reichstag passed a law called the Enabling Act. This law gave the President unlimited power which Hindenburg ceded to Hitler.  When Hindenburg died in 1934 the offices of President and Chancellor were merged in the person of Adolf Hitler. This is the text of the Enabling Act legislation:

The Enabling Act of 1933

The Reichstag [the lower house of parliament] has passed the following law, which is, with the approval of the Reichsrat [the upper house], herewith promulgated, after it has been established that it satisfies the requirements for legislation altering the Constitution.

ARTICLE 1. In addition to the procedure for the passage of legislation outlined in the Constitution, the Reich Cabinet is also authorized to enact Laws referred to by Articles 85 Paragraph 2 and Article 87 of the constitution. (Article 85 outlined the process by which the Reichstag and Reichsrat approved the Reich budget. Article 87 restricted government borrowing.)

ARTICLE 2. The national laws enacted by the Reich Cabinet may deviate from the Constitution provided they do not affect the position of the Reichstag (low house of Parliament) and the Reichsrat (the Upper House). The powers of the President remain unaffected.

ARTICLE 3. The national laws enacted by the Reich Cabinet shall be prepared by the Chancellor and published in the official gazette. They come into effect, unless otherwise specified, upon the day following their publication unless they prescribe a different date. Articles 68 to 77 of the Constitution do not apply to laws enacted by the Reich government. (Articles 68 to 77 stipulated the procedures for enacting legislation in the Reichstag.)

ARTICLE 4. Treaties of the Reich with foreign states which concern matters of domestic legislation do not require the consent of the bodies participating in legislation. The Reich Cabinet is empowered to issue the necessary provisions for the implementing of these treaties.

ARTICLE 5. This law comes into effect on the day of its publication. It ceases to be valid on 1 April 1937 or if the present Reich government is replaced by another.

The Enabling Act was passed by a majority of the Reichstag by a vote of 441 to 96. The Communists had been banned and had no representation, the center and right cast aside their reservations and voted for it and only the Socialists led by their Chief Otto Wels voted against it.  For their trouble most of the Socialist deputies would be imprisoned, go into concentration camps or have to flee the country.

Some leaders of religious groups that initially supported the Nazis rapidly discovered that they had made a deal with the Devil. As Martin Niemöller said:

They came first for the Communists,
and I didn’t speak up because I wasn’t a Communist.

Then they came for the trade unionists,
and I didn’t speak up because I wasn’t a trade unionist.

Then they came for the Jews,
and I didn’t speak up because I wasn’t a Jew.

Then they came for me
and by that time no one was left to speak up.
.

In times of crisis people seek security and stability and are often willing to sacrifice constitutional liberties to do so.  Unfortunately when a people and nation willing abrogate their constitutional rights and protections by legislative action or executive order in the name of security and safety they ensure that they will lose all. The German political parties that voted in favor of the Enabling Act included cultural and religious conservatives.  Most of these people feared a potential Communist takeover and continued political and economic instability more than surrendering their rights and freedoms.

Unfortunately it is my belief as well as that of many civil libertarians on both sides of the political divide that we have set the stage in this country for a totalitarian state.  Our legislature passes massive bills which none have read that are so Byzantine that no one can understand them which often give nearly unchecked power to unelected bureaucrats in government agencies and often serve to grant more power to the Executive Branch at the expense of Congress, the Courts and State governments.  Such legislation passed under conditions where people believe a crisis exists includes the Patriot Act of 2001, the Intelligence Reform and Terrorism Protection Act of 2004, the Emergency Economic Stabilization Act of 2008 the Troubled Asset Relief Program (TARP) of 2008 and the Patient Protection and Affordable Care Act (PPACA) of 2010.  Most of the people that voted for these laws certainly believed that they were doing the right thing, but all contain provisions that give unelected and unaccountable bureaucrats unheard of power over the daily lives of Americans and contain provisions that sacrifice individual rights and liberties. There are numerous other examples which in conjunction with Presidential Executive Orders and Directives, some public and many secret that provide the Executive Branch willing to use them almost unbridled power.  Under normal conditions no President would attempt take full advantage of such powers nor would most people accept such a power grab, but history shows that under emergency or crisis conditions people and legislatures willingly surrender liberty for supposed security.

In Weimar Germany the catalyst was the fear of Communist takeover in the midst of economic crisis that created the conditions by which non-Nazi citizens and political parties surrendered their liberties. In the wake of the attacks of September 11th 2001, continued terrorist threats, two wars, economic crisis, the collapse of the housing market and the ineffectiveness of government leaders at the Federal and State levels the United States in a place where many people may accept an authoritarian or totalitarian regime so long as we are safe and the economy gets back on track.  Instead of a Communist threat we have a Muslim extremist terrorist threat. Instead of the Great Depression we have a world economy on the brink of collapse. People are fearful; millions are going bankrupt or losing their homes and jobs and more seem to be willing to surrender freedom just to be safe and have some semblance of an orderly society again.  You really can’t blame people for wanting a return to an America where it is safe and the economy is doing well there is nothing evil in that desire. Unfortunately history shows that there are those that will exploit people’s fears and longings to gain unbridled power and once they have it will stop at nothing to keep it.

In 1933 the German people surrendered their rights and freedoms for the promise of safety, security, economic recovery and a return to national greatness.  The question that I have to ask is will the people of the United States of America do the same in the next few years?  I think the answer is obvious.  It will only take a successful terror attack on the United States Homeland, an economic collapse or a government shutdown to force the issue. People will demand results and will welcome whoever can deliver those results.  We have already shown what people will accept in order to travel by commercial air and from that it is but a small step to accepting such measures in the rest of life.  Get ready folks it will be a joy.

Peace

Padre Steve+

 

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Filed under History, laws and legislation, national security, Political Commentary