Showing posts with label government. Show all posts
Showing posts with label government. Show all posts

Wednesday, April 02, 2014

Unamended right

There is a fascinating part in the US Constitution (archives.gov) about a right guarantee and it isn't in the Bill of Rights but in the body of the Constitution, itself.  Not even one of the more well known rights.  That is probably why it gets ignored.

It is a direct grant of right to the State Legislatures, and sits way down in Art. V, you know the Amendment process:

Article. V.

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

There, right at the end.

The State is granted equal suffrage in the Senate.

State suffrage at the time of the ratification of the Constitution, meant that individuals chosen via the State Legislatures were the ones doing the representation of the State.  Throughout Art. V the only body that is mentioned at the State level is the State Legislature.

Now Amendment XVI changed the process of choosing Senators:

AMENDMENT XVII

Passed by Congress May 13, 1912. Ratified April 8, 1913.

Note: Article I, section 3, of the Constitution was modified by the 17th amendment.

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.

Does Amending the process of choosing a Senator abolish the right granted via Art. V to the State Legislatures?

By changing the meaning of Suffrage for a State from Legislature to direct election of the people, the State Legislature is cut out of the decision making process for Senators.  That should be it, right?  I mean you cleverly cut out the State Legislatures and remove their power grant in the Senate in one easy change. 

Yet the State Legislature is the ONLY State level organization mentioned in Art. V and it is specifically considered as having suffrage in Art. V in the Senate.  If Amendment XVII did, indeed, intend to remove the power granted to the State Legislatures for considering Amendments, it could have said so.  This is not normal Senate duty, do remember, but deciding on an Amendment to the Constitution, to which the States were originally granted ways to have a say in it via their Legislatures: via the normal process of voting for it at the State level and via their representative in the Senate.

Sadly I do believe that the States signed away their representation with the move to direct election of Senators.  The idea of popular suffrage and direct election of Senators have left the States without a direct voice in the federal government. 

Yet the original intent of the Amendment process remains via implication of how Legislatures were to choose Senators and the Senators having a direct say via their votes in the Senate in the Amendment process.  So whenever you hear about how the US always 'expands' rights, do remember that it has removed and say from the State Legislature on how to run the Nation not just via normal votes but via Art. V Amendment votes.  If that simple Amendment to give direct elections of Senators didn't remove the State Legislative suffrage right for Amendments, then every single Amendment after Amendment XVII would be brought into question.  Because while the people vote directly on Senators, the sovereignty of the several States rests in their representatives at the level of the State Legislature.  By agreeing to Amendment XVII the State Legislatures agreed to give up part of their say and walk away from the guarantee they had in the Constitution for representation directly.  Their only real recourse is to pass a bill saying that the current Senators don't represent their State and the Consent to let them sit as representatives of the State, not the people of the State but the State as an entity, is withdrawn.

And what State Legislature has the courage to do that?  Really, if you have to gag someone, isn't it better to convince them to gag themselves?  Saves a lot of fuss when you can do that. 

The State Legislatures could still do all sorts of mischief to popularly elected Senators... too bad they keep making sure the gag is tightly in their mouth and that they make it clear that they no longer want to do their jobs of representing their States. 

Even with the consent they gave during the Amendment process, the State Legislatures could still have a say over the representatives of the State in the Senate via the Art. V grant.  That right has been left unamended and still sits in Art. V but by Amendment XVII has been changed from a sovereign exercise of will to representation to one of negating representation if the sovereign no longer believes that its representative is representing it.  Consider this right to be a veto power over a Senator by the State Legislature, because they are the ones to decide if the State is being properly represented for the Amendment process.

The will to exercise this right?  Absent.

Saturday, July 13, 2013

Continuity or something else?

I watched a program last night on Discovery's Military Channel that  focused on the Continuity of Operations Plan or Continuity of Government Plan, which is something I came to know about working on the civilian side of an agency in DoD.  It is pretty serious stuff this trying to safeguard information and stand up some operations if the main sites of the agency get taken out.  This extends across the entire US federal government and all agencies have some variation of the COOP (as I came to know it).  It was an interesting program as it gave a couple of scenarios that would cause the COOP to be put into action and it pointed out that on 9/11 it actually was utilized and actually failed to keep the President informed during a crisis or re-establish communications between secure sites.  If this had been a more serious attack on the US, the COOP would have failed the federal government.

Although there are contingency plans in place for continuing government ever since this became a question and actually caused the creation of Amendment XXV which puts in an order of succession for the job of President in case the person occupying that job is incapacitated or dies.  That was ratified into being in 1967 during the Cold War when the possibility of having the entire top of government vaporized at one stroke was something to be considered.

Do we really need more than that?

The Presidential Succession Act of 1947 (3 USC 19) is the Public Law created by Congress to add depth to the existing schema of President and Vice-President set out in the US Constitution and in Amendments XII and XX to clear up issues on elections and Amendment XXV put in place in 1967.  This ability by Congress to do such work is generated through Art. II,  Sec. 1, Clause 6 which provides for the power of Congress to establish such a succession and amended by Amendment XXV Section 3.  The top four people are the President, Vice-President, Speaker of the House and then President pro tempore of the Senate.  This act has been amended to then start in on the Cabinet with the Secretary of State, Treasury, Defense, Attorney General, Interior, Agriculture,  Commerce, Labor, HHS,  HUD, Transportation, Energy, Education, Veteran's Affairs and then DHS.  Would you consider a government headed up by, say, the Secretary of HUD to be legitimate?  How about Education?  Interior? 

I have problems with the Secretary of State but it is at least a major 'Hat' of the Presidential job requirements – foreign policy.  Actual those hats are Head of State, Head of Government, Commander in Chief of the Armies and the Navies, and Chief Pardoner, and if you went with just the 'Hats' then you would get State, Treasury, Defense and AG which is just about where it should end, as well.  Why?  Any government that has suffered the loss of the President, VP, Speaker and President pro tempore has failed in ways that you cannot even begin to imagine and, really, the actual legitimacy of the government falling into appointed and approved position holders is something that even in the Cold War was questionable.  You might get a 'continuity' of government, yes.  The legitimacy of that government, led by unelected officials is lost because this is a Nation that upholds a representative say in selecting our government.

Then there is the part that the program didn't get into: the States.  Each State has its own form of COOP in place and the actual legitimacy of the US federal government comes from the signatories to the US Constitution: the States.  The States had to get approval from their citizens to sign on to the Constitution, and it is those functional governments that are the actual ones who instituted the federal government to act as an arbiter amongst them.  If that arbiter and protector of all of the States cannot protect all of the States and actually has harm fall on to any State due to negligence, incapacity or inability to adequately supply protective measures to all of the States, then the federal government has failed in its main duty: protection of the States.  Each and every State gets a way out of this via the US Constitution and its something to consider at this point when we look at failure of the federal government to protect the States.  This is covered in Art. I, Sec. 10, Clause 3:

No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

The Framers of the Constitution did not create a 'suicide pact' but put in this one vital clause which gives the State back its full Sovereign powers.  The ability to do these things, are indicative not of a State but of a Nation as they are the full foreign policy and military powers necessary for the backing of a Nation.  If the federal government cannot protect a number of States from, say, an EMP attack or, via neglect, allows a State or group of States to be invaded, then that State finds itself with its full powers returned to it.  All of the facets of what it takes to run and independent Nation re-appear for events that are so devastating to a State that any delay in response will mean disaster or that disaster has befallen a State and the federal government has proven and demonstrated its incompetence to the point where it can no longer be considered as the trusted arbiter of the powers granted to it.

With the three days to the return of barbarism seen after Super Storm Sandy, Hurricane Katrina and the general decay of infrastructure, the States and federal government must rely on having a population ready to respond to disasters.  A strong and prepared civil population is the greatest strength to the continuity of government, operations and the legitimacy of government.  Fly the elected and appointed officials around as much as you want, but it is the States that hold the cards in a disaster and the trump card is the return of the powers they granted to the federal government which is so concerned about keeping itself going that it has neglected its duties to protecting the States as entities.

Even the relatively lack-luster scenario of an eastern EMP attack shows that the amount of time it takes to get the COOP running is in the days to weeks category.  Talking about a President trying to impose martial law onto States that he or she has neglected, is no longer an act to restore civil order but an Act of War on those States.  A Governor is put into the foreign policy arena and while accepting help from such a COOP government may call for that, it is no longer in the capacity of a Governor of a State but a Head of State: that military arrangement is a treaty and should be treated as such.  At that point in time the Governor may already have had to call upon a civilian militia, utilize police forces and declare martial law, yes, but those are all internal and normal parts of a sovereign Nation to re-organize after a disaster. 

The reason and rationale for letting States retain this responsibility and the power to address it, is so that the federal government is not overburdened with a function it cannot fulfill in whole, in part or at all.  After no regular natural disaster has the US federal government proven to be prompt, efficient, or even capable of dealing with a catastrophe of wide ranging scope.  With FEMA the federal government insists it has a role.  With FEMA it is widening the scope of possibility for its own failure.  FEMA isn't capable of addressing disasters and may only serve as the nucleus for creating a disaster of federal legitimacy.  While it was created with good intentions during the Cold War, no one addressed the fact that the federal government doesn't have the power or capacity to actually deal with disasters, be they the nuclear one of that era or the wide-ranging problems of natural disasters and under-maintained infrastructure of the modern era along with man-made and natural disasters that can cause infrastructure to fail catastrophically.  That EMP burst has all sorts of protection for the military, President, various cabinet level officials, Congress, SCOTUS... you are left SOL and then are expected to go savage and have to be suppressed under martial law.

See how that works?

That is not a system to enhance liberty and freedom, but one created to maintain power over you, not look to you as the source of power and legitimacy.  The most chilling thing I heard was the director of FEMA saying it had the job of 'protecting our way of life'.  I'm sorry, but that is the job of the citizenry and the citizenry is the creator of a way of life, and when its government fails it then continuing on in the old way of life that led to disaster is a non-starter.  If the old way of life produces disaster, then any government seeking to sustain it is not legitimate and not dealing with realities and not seeking the assent of the people as the legitimizer of that power.  Stepping in after a wide-spread failure of government leading to disaster has one result: Sovereign States.  The legitimacy of government shifts to the more local government and if the State government fails then we are in Hamilton's Federalist No. 26:

Schemes to subvert the liberties of a great community require time to mature them for execution. An army, so large as seriously to menace those liberties, could only be formed by progressive augmentations; which would suppose not merely a temporary combination between the legislature and executive, but a continued conspiracy for a series of time. Is it probable that such a combination would exist at all? Is it probable that it would be persevered in, and transmitted along through all the successive variations in a representative body, which biennial elections would naturally produce in both houses? Is it presumable that every man the instant he took his seat in the national Senate or House of Representatives would commence a traitor to his constituents and to his country? Can it be supposed that there would not be found one man discerning enough to detect so atrocious a conspiracy, or bold or honest enough to apprise his constituents of their danger? If such presumptions can fairly be made, there ought at once to be an end of all delegated authority. The people should resolve to recall all the powers they have heretofore parted with out of their own hands, and to divide themselves into as many States as there are counties in order that they may be able to manage their own concerns in person.

You don't have to be a conspirator to create the conditions of an over-extended military or a government that seeks to impose its will into every facet of daily life.  In this case it is easy to substitute unbridled government in the place of the military and come up with the same formula and result and you don't even need a conspiracy to do it.  Indeed what you need is the belief that laws are forever, that government must continually grow and never recede, and that power devolves downward and is not granted upward.  All of this done out in the open, often with great fan-fare, claiming that government can take care of part of your retirement, or help you in finding that first house to buy, or watch over markets that you should be keeping an eagle's eye upon.   This claim can fairly be made and even demonstrated in our modern times.  Alexander Hamilton proposes that in the event of the disaster of government seeking to impose its will upon the people, that the power to deal with that is not at the State level, but at the county level, the local level.  The US Constitution holds the sweetened condensed version of this in Art. I, Sec. 10, Clause 3, but here Alexander Hamilton points out that if the government failure is wide enough, deep enough and thorough enough, that the only answer is to end the delegation of authority upward and reclaim it at the most local of level possible.

Still, if something like the scenario of an EMP destroying the electronic infrastructure of the eastern US did happen... you have a large number of States involved, at least 23-24 and possibly up to as many as 26-28.  Out of 50.  The federal government, by not helping the States and citizenry to prepare, by not informing the citizenry of what necessary preparations would be and what the likelihood of such an attack would be, would be delinquent in its responsibilities to the States and the citizens.  By not having effective counter-measures, interceptors (and the scenario really does posit something an AEGIS vessel should be able to handle) nor even being able to identify the actor(s) involved, has failed in other, subsidiary duties and directly granted powers to it.

How much has the US government told you about EMP attacks?  How has it helped you to prepare for them? I can name a list of things that can and most likely will happen to North America that the US federal government can't handle and they are just natural disasters.  Yet FEMA isn't prepared for any of them.  It can't handle a good sized large hurricane, yet that is its supposed duty, at which it fails even with small events like tornadoes ruining small towns.  And yet its job is to 'protect our way of life' and that way of life is currently in a dark, dismal failure mode because it refuses to recognize that you are the greatest mover and protector of your own life and that self-government is the most secure and best of all governments as it requires self-restraint.  It has failed on that score and continues to fail on that, continuously.

It isn't the people who are endangering the legitimacy of government at this point, it is the government, itself.  A COOP plan to continue a failure is failure and the promotion of failure as a good thing.  It isn't.  It will kill you if you don't prepare for it.  And failure on such absolute terms delegitimizes the concept: if it was restricted to just protecting the physical US territory then, yes, the President needs to be safeguarded.  The rest?  Elected officials and then appointed officials with an unelected bureaucracy.  The COOP plan for that sort of thing is damned simple: help the States as they request it, ensure that free elections can be held and then find out what the NEW way of life is from people who have gone on a 'back to basics' course across a wide geographic area.  If you can't do that, then you are not backing legitimacy of citizenship and the citizenry to guide their own affairs but seeking to impose a 'way of life' on them that bears little or no relationship to the actual real world circumstances.  Those people in such a disaster-ridden State not only deserve to be free and independent, they have earned it via the lackluster federal system that hasn't supported them and treated them as subjects or slaves and failed in essential duties granted to it.  If we ever got a CONUS EMP or a global CME, then the US just might not be a single Nation any longer but something much closer to a league of confederacies of Free States.

You can have a republic if you can keep it.

Doing that requires paring down the federal government and picking up the slack on your end.  That is non-negotiable to retaining freedom and liberty as well.  Want a United States to be preserved?  Then prepare for disaster and hold government accountable to its misdeeds as no one can do this for you.

Monday, April 15, 2013

End of the moral State

This is a follow-up to my previous post on End Game Against Freedom.

From the film documentary by Andrei Nekrasov who recounted the murder of Alexander Litvinenko in Poisoned by Polonium, Litvinenko in his own words:

Who is Putin?

We are told, "Wait till he's President, then you'll know."

Imagine someone becoming prime minister in Britain with people asking, "Is he a thief, or isn't he?"  The real issue here is human morality. 

And then:

In the Soviet Union, there were two ideologies: communist and criminal.  In 1991, the communist ideology died.  The criminal remained.

What did Alexander Litvinenko do to get assassinated like he did?  When an esotaric radioactive isotope is ingested then you are beyond a simple murder and now must have the resources behind you to actually plan such a killing and acquire such material which is not readily available.  That is not the hallmark of the Red Mafia, which would normally just leave you dead someplace, anyplace, perhaps in public to make an example of you.  If the criminals want you dead, you are killed.  If you are made to suffer, that takes personal and private malice above and beyond simple criminal affairs.  When you see material involved that only a Nation with nuclear capacity and the ability to get, purify and deliver a short-lived isotope is involved you are now into State-enacted murder.  That is called: assassination.

If this is the case then the crux of the matter is the knowledge he had, which everyone, even Putin, admits are not State secrets.  Litvinenko had no access to nuclear weapons or facilities and although he did serve in the military in Chechnya, he was not a high ranking officer in the command staff, but a low level tank commander.  So what is it that made him a target to be assassinated?

Putin:

Litvinenko knew no secrets.

No State secrets, true.  But there are that other sort of secret that involves the State...

Litvinenko:

Everyone realizes I don't know any secrets.  The only secrets I know are about organized crime and corruption, and they can't legally be considered state secrets.  Even if I wanted to work for British intelligence, I have nothing to tell them.  How can I be a traitor to my country?

Why are they so angry with me?

Because I have spoken about the one thing that is important, holy to them.  One officer said to me, "You can out all our agents, to hell with them.  We'll recruit new ones.  But you did one deadly thing.  You made public our system of earning money.  Do you want us to use the underground?"

That is why they hate me so much.

This system was to choose a series of private businesses and shake them down for money by threats of bringing prosecution against them.  As was explained earlier in the documentary, FSB officers are attached to courts as 'lawyers' and they serve as a conduit to inform judges what to do, either through bribes or threats of prosecution against the judge, or just through simple replacement of the judge.  Once you take a bribe, any bribe, a judge is then compromised to the FSB.  By outing such information to the public, Litvinenko became a threat and was tried for treason.  Although he had released no state secrets, only made public those things that the government officials wish kept private about how they shake down businesses.  The implication is that this goes beyond just the FSB, although that, alone would be bad enough.

There is another reason for why Litvinenko was on the hit list, and that isn't discussed in this film.  He apparently had information on the murder of Vladimir Petukhov  the mayor in Nefteyugansk.  Before his death, Litvinenko had visited Israel and Leonid Nevzlin:

Yeah, I think in a way he held the door open with us.  He visit me three months, I think it was, before he was killed.  And he left some papers about what was really, because of some blames on me, what was really under this blame.  Because he was part of KGB and, for instance, he knew from the people in the KGB of the real case of the mayor of Neftyugansk, Petukhov.  So he left his evidence, names and etcetera, and who killed Petukhov and why he was killed...

That is from Khodorkovsky a documentary by Cyril Tuschi and yet another film I recommend for those interested in liberty, freedom and morality.  A bit later in that interview Nevzlin would tell us that he passed that information on to Israeli police and Scotland Yard.  Here is an unexpected intersection between one of the oligarchs of Russia, the KGB/FSB, Putin, Litvinenko and the stark contrast between two sides of the suppression of liberty by State power.

Mikhail Khodorkovsky, as the documentary examines, is an unusual case in the Russian post-USSR power struggle as he is not part of the functionaries of the State, in main the FSB, nor a part of the criminal class that infested the rule writing of the early Russian Duma.  In those early years there was a place for the type of people that Boris Berezovsky talked about with Nekrasov:

B – What a price humans have to pay for knowledge.  How hard it is to rise above the common wisdom.

N- Is it even more difficult for Russians, would you say?

B -  I know what you mean.  The Russian mentality is that of slaves. That's why the system of forced limitations is so welcome. So why then am I advocating liberalism in Russia?  Am I contradicting myself, advocating freedom for the Russians, going against the nation's character?  So, is Russia ready, which means her people ready to take up the responsibility of freedom? I think they are ready.  Because once the tyrannical dictate was lifted, millions of entrepreneurs appeared, a myriad of independent politicians and journalists appeared.  Russia turned out fully prepared for this crucial, historical step.  We only needed to move forward and consolidate that freedom.  And so my main conflict with the authorities today  is about individual independence.  All those stupidities – media controls, "vertical power" – have one result.  Destruction of freedom in the minds of Russia's citizens.

Of that new entrepreneurial class was a group that would start from the ground-up, and would attempt to actually put real capitalism into play in Russia.  Of those Mikhail Kodorkovsky is the most notable as he started with next to nothing to form a bank in Russia without even knowing how a checking account worked because there had been no banks, no checking accounts, no savings accounts, nothing like that in the USSR.  They had to ask experts in to teach them the basics of banking and they did make mistakes, but also made money as Bank Menatep was far more secure than anything else in Russia at the time, which is not to say that it was secure by Western standards as the scandals that came to it demonstrated.

Bank Menatep would also fund a bid for the Yukos oil concern, which had been a State run oil system in the USSR.  Bids from outside Russia were excluded, and while there are complaints of corruption about that it must also be asked what government would want to hand over such a large concern to foreign owners?  If a reasonable and reliable bidder inside Russia could be found then why not hand it over to them?  It was sold at a fraction of its value at $300 million, which was a huge amount in those days in Russia. 

Do remember that a few years previously there had been, effectively, $0 in Russia, and Putin's swindling of St. Petersburg via non-use of sold goods abroad was placed in its lower range at $92 million.  Yukos also had $3 billion in debt, so anyone who was purchasing it was getting a massive amount of debt and the responsibility to pay it off.  This was also in a period in which Saddam Hussein was effectively bottoming out the oil market by selling Iraqi oil far under market prices so as to depress the oil market.  Given that background and realizing that transparency was necessary for running the firm, one would have expected failure of Yukos.  Instead it succeeded, wildly, because it was a transparent, open organization that allowed public scrutiny of its affairs and transactions.

From Irina Yasina journalist who worked with Khodorkovsky to help establish his education works and who was the director of Open Russia:

At some point, Yukos was also a non-transparent company.  Minority shareholders were treated badly and no quarterly reports were submitted, like in the West.  That's what it was like in the beginning. After a series of scandals, Khodorkovsky understood:  If you make a company transparent, you attract investment.  He learned from his mistakes and knew this would also make money.  So it was actually a business project. 

And that made him rich, at one point the richest man under 40 on the planet and headed to become the richest man on the planet, period. 

If oligarchs are to be deplored, and oligarchies which they are a part of, then what about an oligarch who is setting up a template for breaking up the oligarchical system?  Khodorkovsky and the people that came to Yukos were embodying a spirit that did not see them spend on lavish estates, fast cars and the high life, but something far different.  They did live in good homes, yes, but Khodorkovsky also started funding scholarships and schools.  It is forgotten that in the early days of US capitalism there were more than Vanderbilts and Rockefellers, but also Carnegie, Ford and Westinghouse.  Even Rockefeller would start building foundations, charities and just give money away.

Cyril Tuschi:

On the advice of an American PR firm, Khodorkovsky establishes in 2000 Open Russia an organization to support education in Russia.  Khodorkovsky invests $100 million in universities, boarding schools, and training programs for journalists.

In Russia, which did not have such a foundation of moral philanthropy as we know it in the West, to find it suddenly appearing in the post-Soviet era in Russia is nothing short of astounding.  Khodorkovsky, even before he was charged with crimes under Putin's regime, had started that transformation by talking of the need for a civil society so that freedom can flourish. 

From Khodorkovsky's mother, Marina Khodorkovsky:

Education! Mischa's central idea was, that democracy doesn't trickle top down.  It has to become a necessity from the bottom up. When people start to broaden their horizons, they start to think and develop other interests.  That was his core idea.

There is a central dynamic in capitalism that is a moral one and it has to do not just with wealth but its uses.  Khodorkovsky writing from prison:

I must thank prison.  In a way I am freer here than when I was leading the company. I'm only responsible for myself, here.  Here I've come to realize that owning assets, especially large assets, does not automatically make a person free at all.  As a co-owner of Yukos, I had to expend huge amounts of energy to protect this wealth.  I had to abstain from anything that might jeopardized my wealth. I also had to impose limits on myself, because speaking openly and frankly could have harmed those assets.  I had to ignore a lot and put up with many things all for the sake of my personal wealth, to preserve it and increase it.  Not only did I control this wealth, it controlled me, as well.

These are not the words nor thoughts of a man in bed with a regime or criminal organization, but a capitalist with morals and ethics speaking about what acquired wealth does to one.  Unlike George Westinghouse, Mikhail Khodorkovsky hasn't learned the morality of ethical use of capital, but he has learned the basics that even Rockefeller had to learn: when you have so much wealth you are its prisoner as well as its owner and you are the one for your own sorry state of circumscribed freedom.  The only answer to this burden is to lessen it: Andrew Carnegie sold his entire company to J. P. Morgan, while Ford ensured of good worker pay so that they could afford to actually buy the products they made, and Westinghouse concentrated on improving the workplace, work hours, working conditions, and lives of his employees so that they could own the homes the lived in that had electricity and running water in them.

Capitalism is based on providing goods that are wanted by individuals at the lowest price possible to make a profit so as to not only sustain but increase production, while lowering costs.  If no one wanted the goods or services provided, a company would go under, and yet we, in the West, now have a corrupted banking system and industrial system where companies are supported by the State and must answer to its tune.  All in the name of 'saving' such companies that rightfully deserve to fail.  If Yukos was barely able to support itself and had huge debt, then what does it say when the company is turned around, opens its books and becomes successful?  In other words it stepped free of regime support, learned what it means to be accountable to shareholders and then did the right thing to increase its transparency to increase its business and attract more capital. 

At heart capitalism and companies are moral and ethical organizations of individuals while government is an organization of power.  When companies and governments work together it is to the detriment of the moral and ethical roots of capitalism and does nothing but make stronger the power of government over its citizens.  Contributing factory space, production time and other commodities at a low price to defend a Nation where a company resides is one thing.  To take orders from government in peace time on what to make, how to make it, how to produce it and then to kick-back money to campaigns and politicians is inherently immoral as it robs shareholders of their say in the company, and unethical as it puts those in charge of the company in the position of betraying shareholders for their own interests in a share of government power and support.  It is, in other words, fraud.

Yukos was a very wealthy company and one of the wealthiest in Russia when Putin came to power.  This from Aleksey Kondaurov, former KGB general:

The relationship between Putin and Khodorkovsky was in order.  They met regularly and discussed various issues. We had good relations with the government.  After all, the operation was really very powerful.  There was no other company like ours.  We were the country's biggest taxpayer.  We paid more taxes than Gazprom, who were bigger than us.  Which is why we had a good relationship with the secret service.

Via paying taxes, Yukos becomes something quite different than the other companies run by oligarchs who had non-transparent companies: a respected business.  Transparency, paying what you owe in taxes, paying off debt, gaining investors, and becoming rich are combined together and they cannot be separated.  Becoming rich is only a sin if it is your sole and only goal, and this was not the case with Mikhail Khodorkovsky who ensured that his business did the right things to demonstrate that it had responsibilities to attend to in the governmental affairs area via good relationships with government but also to support its civil duty to pay taxes like any good corporate citizen.  It was not there asking for special privileges, special monies, special projects or other such things in promises for political support from the company.  And the FSB, Putin's own organization, understood just who it was that was the largest taxpayer in Russia and appreciated that, respected it, save for at the very highest of ranks.

Former Yukos lawyer, Dmitry Goldlobov recounts what happened:

Putin told them: "Okay guys, stay away from politics, okay?!" And everybody agreed.  Everyone nodded and said: "Okay".  Khodorkovsky nodded as well.  He didn't say: "Dear Mr. Putin, I won't stay away from politics! I'll be just in the Duma" or something.  He agreed.  And afterwards he violated that deal.

Why?  That idea behind Open Russia: a better educated civil society with many interests and a bottom up democratic institution.  To have that sort of institution, to get to a democracy, there needs to be a competition in ideas and ideologies.  And Litvinenko already told us what remained after the USSR in the way of ideology: criminal ideology.  If Boris Yeltsin had tried to build something better but was overcome by the corrupt institutions that remained, particularly the FSB but also the infiltration of the criminal class into business and politics, then what did Vladimir Putin represent?

Litvinenko had outlined this, as well:

In our country, the special services are, in fact, a secret political organization that uses sharp methods, secret methods, not against spies and terrorists, but solely to keep a ruling class in power.  In 1999, for example, to seize power, the FSB used secret methods that are only allowed against terrorists and spies.  If the army were to seize power, they'd roll in with tanks and guns and fly in with jets maybe.  But everyone would notice. The FSB, on the other hand, has secret methods, and nobody noticed anything until chekists made up the government and seized every organ of power.  If the KGB was the armed unit of the Communist Party, then the FSB is the armed unit of – of a caste of corrupt Russian officials.

If you are aware that to run an ethical concern, be it business or government, there must be transparency, and the man in charge and, indeed, the whole establishment of government, is not transparent but has a veneer of democracy on top of it, then what do you do?  Ethically you know that any agreement you make with such a government can be over-ruled by those in power at a whim.  In fact the FSB is particularly good at 'compromising' people and bringing false charges to conviction via a compromised judiciary process.  Without criminal, judicial or police help, just why would you stand by a corrupt government?  Even worse, what can you do to change it?  Khodorkovsky realized that any agreement he made with Putin was ephemeral as Putin had already been shown to be underhanded in his business and official dealings before coming to office.  A corrupt government does not gain the loyalty of ethical individuals be they citizens or corporations.

For doing this, Khodorkovsky's bank had a sanatorium, the RUS, seized by the State.  This was a good if not the best hotel in town and its seizure was rumored to be done on Putin's orders for his wife, who liked the place.  No real legal pretext was given: assets were seized without any indications of having done anything wrong.  Khodorkovsky did nothing, at first, as this was an act of raw power by the Kremlin.  Other business leaders approached Khodorkovsky to speak out about corruption in the Kremlin during their annual, televised meeting with Putin on 19 FEB 2003. Leonid Nevzlin was his business partner and summarized it like this:

Khodorkovsky was asked to bring up the topic of corruption at the Kremlin.  I remember he was unsure whether he would or not.  But it had to be done on principle.

And then Alexander Temerko, a former Yukos VP recounts:

Voloshin told Khodorkovsky: "TV will be there!  We'll instruct the stations to broadcast your speech about corruption! And Putin will definitely react in the right way."

That is charming naiveté, at best, as it must be remembered that this is the same Putin who deceived St. Petersburg, ran the KGB/FSB, worked to launder money for drug cartels in Germany and who had now taken offense that some business leader might actually be funding the opposition and responded by seizing assets using the power of the State to do so.  With those things known, and do choose just one or two before the seizure event, why would anyone expect Putin to act 'in the right way'?

From Aleksy Kondaurov, a security advisor:

At the meeting with Putin he said – and I think this sealed Khodorkovsky's fate – "We started the corruption process, so we should end it."

From Igor Yurgens, Economic Advisor to President Medvedev:

I was present at the meeting and I can tell you that, uh, uh, he handled that confrontation [?] in an arrogant manner.  To be objective I can tell you that sitting in front of the acting President accusing the President, practically, of covering up for the corruption in the State controlled oil company.  That was a little bit too much.  He could have chosen a more elegant way or less confrontational way, but what he said was true.

And part of what was said at the meeting:

Khodorkovsky - Experts from our organizations analyzed the extent of corruption in Russia and all arrived at the same figure: it is estimated at $30 billion.

Putin – You've mentioned the merger between Rosneft and Severneft.  I obviously feel that Rosneft's chairman should react to this and offer further explanation.  Although some aspects are immediately obvious: Rosneft is a state-run company which must increase its reserves.  Because these reserves simply aren't sufficient.  Some other oil companies, such as Yukos, have excessive reserves.  Yet how has Yukos achieved this?  That's a question we should discuss today. As well as payment or non-payment of taxes. We did discuss this with you previously, didn't we? Not long ago.  Your company also had difficulty paying taxes.  But respect is due to the management of Yukos – for coming to an agreement with the tax authorities – settling all claims and issues with the state.  But how were these problems created? Perhaps that is why so many people study tax law. Are you following me?  I'm hereby putting the ball back in your court.

So what is Putin's point?  Yukos, by his own admission, has paid up on its taxes and is, indeed, the largest taxpayer in Russia.  It has large reserves of oil, yes, but gained via commercial activity as he puts no other activity forward that can explain that.  Marginal tax rates are not enough to make or break expansion of reserves and if he has complaints about what prior administrations did in awarding Yukos, then why doesn't Putin want those administrations investigated?  Of course he was the head of the FSB under those administrations and if he had anything at the time, he should have spoken up.  Of course there is that matter of SPAG with Putin sitting on its board and being head of the FSB while the company was charged and convicted of money laundering for drug cartels... perhaps he had other worries at the time, eh?

What you see at work, however, is the head of a corrupt State, or soon to be head, dodging responsibility and transparency, while complaining that a transparent company that has done the right thing might be in the wrong.  If you bring up the Yukos reserves then what about Rosneft's inability to perform marginal expansion or just pay for oil on the open market, or purchase the rights from other companies to their reserves?  If there are any problems with Yukos on taxes then what about Rosneft and its main function of actually running its oil affairs competently?  This is how you cover up corruption at the State level: you blame the innocent or cast doubt on their legitimacy.  Any head of State that is pointing out all the wrongs in others, is in the process of casting them as not being upright while not addressing if he or she has the moral and ethical stature to actually accuse others of anything.  The more you hear haranguing, accusations, belittling, and bringing up past affairs that are ALREADY SETTLED, then you are hearing from someone who, themselves, have something to hide.

It is this that is the indicator of a corrupt State.  If Vladimir Putin wanted to have businesses stay out of politics then, really, the State must stay out of interfering with businesses.  The moment a State decides to wield its power to tell companies what to do or actually purchases companies to be run by the State, then the companies involved have a right, duty and obligation to protect the assets they have from their shareholders and have direct input back into the State.  This is the heart of the process of corruption and collusion between a State, any State, and its business community.  It is one thing to uphold laws of transparency of accounting, keeping good books, and being accountable to shareholders and quite another thing to impose the power of the State towards State ends on private concerns.  Russia, of course, has an entire history of just this problem, going back to the Czars and including the entire history of the USSR and now the post-Soviet era.

From this confrontation Khodorkovsky would attempt to get foreign companies, Exxon and Chevron, involved with Yukos not only to allow those companies into the Russian market but give Yukos a foothold in the American market.  He would establish a foreign outpost of Yukos in Houston, TX which would become the basis of such agreements and would also serve as a separate part of Yukos outside of Russian laws.  Of course this wouldn't do as it would make Yukos an independent, international concern.  This resulted in the arrest of Yukos leading official after Khodorkovsky, Platon Lebedev while he was in hospital and then whisked away to an FSB secret jail.  Isn't it wonderful when State run secret police have secret jails?  At that point Khodorkovsky started telling those close to him in the company and his family to get out of Russia because he didn't want any more hostages taken by Putin.

The State sent people to Khodorkovsky trying to extort money from him so that they would leave him alone.  But he had already seen that sort of trap: once you give money like that you are on the hook forever and they can reneg on the agreement at any time and jack up the costs on a whim.  Besides, Yukos was transparent, had regular outside audits and published those openly.  Yukos had no money to give that could not immediately be seen, and Khodorkovsky had already said that he wasn't running away from Russia as a political exile.  Yukos had paid its taxes, settled any arrears and was in good standing as a taxpaying company.  He was, in other words, not giving into the temptation of easy corruption, an easy life.  That isn't his goal any longer, but for that longer vision of an informed Russian civil society, and he knows that he will pay a price to be on that road.

Two days before his arrest giving a speech at Belgorod University, Mikhail Khodorkovsky said:

Elections alone won't build a civil society.  But it's a first step towards creating a normal state, in which it isn't merely pleasant to work, but also to live.  Let us build it together.  Thank you.

And then in a television interview on Belgorod TV the day before his arrest:

Interviewer - You were in America when your Yukos offices were searched. But you still came back to Russia.  Aren't you afraid that men with handcuffs might suddenly turn up?

Khodorkovsky – As long as our country isn't fully a civil society, nobody is safe from the people with the handcuffs.

The trial on tax evasion, itself, was a pre-determined affair run by the FSB and, ultimately, Putin.  Khodorkovky's denial for early release similar and hinged on missing a sewing class in jail, while otherwise being a model prisoner.  As his time in prison was running out Putin had him tried and convicted of other charges, stealing hundreds of millions of barrels of oil which, strangely, no one can find missing or hidden, anywhere.  Yet still he was convicted of doing the impossible.  The message was clear to those that followed Khodorkovsky's path in business or who hadn't thought that the State would reach out to seize any of the oligarchs: they fled Russia.  And who spoke out against this?

The silence from the West is deafening.

There were long standing groups working to free political dissidents in the USSR who dared speak out against the regime.  But Khodorkovsky, for all his insights into what it takes to have a civil society, gets no support.  A business man who has straightened up the ways of his company and himself, who supports a freer and more well informed society, who behaves with demonstrable morals and ethics can't get that.  Yet he did the right thing, by forming an organization with the goal of expanding the civil sphere, personally donating to schools and institutes, donating to a political opposition so that there could BE a political opposition that could get its ideas before the public.  Too bad it comes from a businessman and not some lowly transgendered artiste speaking in coffeehouses, huh?  The latter would get some press, at least.  An ethical businessman who happens to be the richest man under 40 on the planet?

Joschka Fischer, former Foreign Minister of Germany about what happened after the imprisonment of Khodorkovsky with respect to Khodorkovsky and then Yukos a bit later:

We had a vested interest in asking, can't we solve the Khodorkovsky issue –even after his arrest?  Can't we solve this, so that he might be released from prison? But Putin was highly emotional and totally rejected it.

[..]

It concerned the property right at Yukos.  In respect of which the international part of Yukos filed a lawsuit with a Texas court.  The question was: How can the property rights of Yukos be transferred? We had a meeting with former German Chancellor Schroder, Putin and myself – and the Russian Foreign Secretary.  And we met on this sailing ship that's permanently moored in Hamburg, "Rickmer Rickmers" or whatever that ship is called.  We sat below deck. Putin was quite cheerful –wel, yes, in a good mood, saying: "Tomorrow, you'll see how it works!".  Exactly that day Yukos was put up for auction and suddenly an investment group from Novosibirsk, or Irkutsk, or wherever, turned up out of the blue, made a bid for Yukos.  And was awarded the rights.  They immediately sold them on to Rosneft and disappeared into thin air.  And with this trick, the address, at which a civil lawsuit in America could have been served, simply vanished.  And Rosneft could say, "I don't know what the problem is.  We acquired it lawfully.  Any issues you have with this investment group that doesn't exist anymore are not our concern".  Therefore the whole issue, at least, regarding the legal aspects, was rigged.

That is what is left in the place of an ethical business situation: one in which a State-owned concern that can't manage itself well is given the assets via a rigged system that is opaque to all concerned in order to escape legal ramifications of seizure of property.  And those in power in the West who are elected officials and should be seeking to have other governments respect human rights?

Again from Joschka Fischer:

The world isn't what you imagine.  There are interests and values.  But the idea that there are human rights and we will enforce them by any means, is of course absurd.  Then you'd create the opposite of human rights.  That's not how the world works.

Tuschi – But you're still quite an idealist when it comes to the world in general.

Fischer – But I am also a realist.

T – No, you are not at all.

Indeed our rights are endowed to us as individuals and governments are creations of man, not Nature.  Human rights cannot be enforced by governments at all.  It is, however, governments that have the responsibility to respect human rights as they are the creation of men.  Fischer is quite right in that government is not the enforcer of rights as that would make it the granter of rights.  With that said it is not absurd for people to seek to have governments respect human rights, especially those of their citizens.

Milan Horacek, Human Rights Delegate in the EU government:

In all my human rights work, this is the first time I've defended a capitalist, but they are also entitled to human rights.  Which is why I said in my plennary speeches that, at the age of sixty, I have now decided to defend rich people.  One can't distinguish between human rights for the young, old, poor or rich. 

From Andre Glucksmann who covered some of this in the Nekrasov film:

Putin's regime is a regime of oligarchs who own Russia in its entirety, who sell their oil themselves making a huge profits while 50% of the population lives below the accepted poverty line.  So it's a regime of profiteers.  But you may call it what you like.  Of the many types of capitalism, this is one of the worst if it's capitalism.  If it's socialism, it's also very ugly.  So it's -

Nekrasov – It isn't socialism.

G – Well it does have many socialist characteristics.  There is the power of the police, the power of the army, the absence of freedom of expression. Virtually totalitarian.  I also think there are rich men who have become strong supporters of public freedom, that's to say, the rights of man, social security and so on, who find themselves in deepest Siberia.  I mean Khodorovsky.  So I think it's necessary to support both the unemployed who demand food and the capitalists like Khodorovsky, who may be called a capitalist, but he is also for freedom.  On the other hand, we must condemn all those who suppress and prohibit freedom of expression.  In my opinion, Russia has gone back to something it had under the tsars.  Always – At some points, the possibility of real reforms, efforts for reform.  But under the tsars, under communism and today, it was and is an autocracy.  What your Putin calls "vertical power".  That's the way things are now. In my opinion, that's dangerous.  Not only for the Chechens who are being massacred without anyone allowed to say how awful it is, and not only for Russia that is being stifled, but also for the West.

What we can get from these two films is that there is a deep sickness in Western culture as a whole as seen by the inaction of governments with regards to Russia.  But this goes further than just Russia or governments. 

Again from Glucksmann:

You know, France, among the elite, has always suffered from the morbid influence of a Russian mirage.  Later it was the Soviet mirage, bit it had been a Russian mirage.  In the beginning, the French salons of the 18th century were full of admiration for Catherine II and, before that, Peter the Great.  Peter the Great was received by the French Academie just like Putin now.  Together with Bernard-Henry Levy and Philippe Sollers, I wrote a petition to say it was shameful. But there is indeed a kind of innocent and inane admiration, that is to say ignorant admiration, for a state that asserts itself as rational and Western in its appearance.

Nekrasov – So what about Chechnya?

G – That's a scandal!  But even Voltaire knew that Peter the Great had killed his son under torture.  But he tried to hide this fact.  There were also some partisans of Russia at the time of the philosophers, like Diderot.  But he went to see Russia, and though he could no longer protest openly – since he was paid by Catherine II – he left some papers in his drawer.  When Catharine read them, she was appalled.  What did he write?  He wrote, "The Russia of Catherine II has rotted before it ripened."  Instead of ripening, it has rotted.  I'd say its not just the leaders.  There is something wide-spread, a wide-spread malady that exists.  When Hermann Broch, the great Austrian writer, was asked in 1945, "So you think all Germans were fascists? Nazis?" He said no.  "So?" He said, "Listen, there are Nazis, and then there are those who let them come to power, who stood by and let it happen." And that includes all Europeans, without exception. There is then a crime of indifference that is even more fundamental because it is the condition that permits the Nazi crime.  The Nazi crime itself was committed by the Nazis and the part of the population of Germany and also of Europe, but only a part.  Yet the crime of indifference that first authorized the Nazis to take power, and later to wield it in the known way, that is a general crime committed by the Europeans, the leaders and also the population. The crime of indifference consists of closing one's eyes when criminal behavior begins.

Do you see governments trying to pick winners and losers for technology?

How about bailing out banks and deciding which financial institutions need to go under and which should remain?

Have you ever seen a government bail out a failing firm for any reason beyond saving some section of it for defense related purposes?

The disease is socialism, and it doesn't matter if you call it International, National, Communism or 'The Third Way', it is a horror whenever it starts because it is utilizing the power of the State to bring society under its control via controlling its businesses either via outright expropriation (Nationalization, which means a bunch of bureaucratic cronies who don't know the business will run it) or via cronies and payoffs (which means a bunch of business people who don't know  how to run a business efficiently but do know how to grease palms is running it).

Cronyism starts via 'subsidies' and the State telling private firms and individuals what they can do through enticement.  Or via rigging the market via 'regulations', which tend to favor larger firms over smaller, since they can grease palms more thickly.  Those that point this out as corruption become the targets for well funded political attacks, which then turns into laws limiting what you can and cannot say about such activities.  Those laws are enforced by some National government police system, which typically is a Secret Service.  Power is thus transferred bit by bit from government to just a single organ of it: the Secret Police.  It may start as a form of Praetorian Guard or some such, but at some point the leader of the Guard becomes the head of State.

It is why the Red Guard was killed off by the Reds after the October Revolution: the State had the Cheka and it was far more efficient at finding threats to the State than the Red Guard was.  It is the reason the early Black Shirts in Italy were hunted down by the State.  And the SA by the SS in Germany.  Even the most fervent ideological supporters of the ruling caste found themselves on the outs when they were no longer necessary to grab State control.  In fact they were a threat to State control as they knew how to get up the rungs into power.

And the population as a whole?

Docile.  Not wanting to think about what the ends were of these means.  Lulled into poverty and then distracted by merely physical means, like hard drugs, sex, music and concentrating on frivolities while the State provided more and more of their lives until the State could decide who lived and who died.  That is the end-game of every Western terrorist group, and the object is to seize the State police power.  Mind you they never think that they can be destroyed by that same power once control over society is concentrated into the hands of the very few.  Men like Berezovsky, Khodorkovsky and Litvinenko are threats to this system as they tried to show the corruption at the heart of the State, did their best to educate themselves and then realized that the entirety of society needed to be educated as well.

Litvinenko was assassinated for speaking the truth.

Berezovsky fled and that gives him limited input into Russian society.

Khodorkovsky... he helped to set up the way the laws worked in post-Soviet Russia, and admits this and that they were as moral as they could be, those who did this, but that their society was unable to see what morality was.  Once awakened to what was wrong, he became transparent, funded education, pushed for a more open society and then funded the opposition movement.  He was no longer going to be playing the game he set up because it is corruptive, and continues past wrongs.  He subjected himself to a corrupt system with typical outcomes, which he knew.  He left Putin with a truly awful decision.

A dead Khodorkovsky is a martyr and can never, ever change how he thinks.

A live Khodorkovsky might be re-corrupted, but you also know that he knows exactly what the system can do to him and the more you make it bad, and the longer he perseveres, the worse you look.  Not manly at all for the manly Putin to have a businessman tortured because he refused to play ball.  But you can't lock him up forever.  And without him the economic system has lost its vibrancy, its ability to rapidly expand... and yet the very qualities that allow it to do that means that the State control is threatened.

As the man who spent time in jail with Khodorkovsky said: he is alive because he is standing in someone's way and they can't just kill him.  Yet, in unjust exile, his point becomes stronger by the day.  Strong enough to pierce the indifference of Russian society?

He is in jail for a reason.

Would you gladly submit to a corrupt system created by your own ignorance and indifference so as to change it?

That is the dilemma of The Prisoner and his answer still stands:

I will not be pushed, filed, indexed, stamped, briefed, de-briefed or numbered.  My life is my own.

It is the only way to be free when the State seeks absolute control over you via society.

Don't think of Khodorkovsky as a man, just as #6.  And still he smiles in court a testament to the power of just one man.

Wednesday, April 03, 2013

End Game Against Freedom

Note this is a cross-post.  I am looking to utilize some of this material for another post, but that is a look at what it takes to retain freedom (or gain it) when governments no longer respect freedom and liberty of the individual.  The post now follows.

What is the End Game of the global elites against freedom and liberty?  We can see its path by addicting populations to 'social' provisions such as 'retirement' and 'health care', which are different things than living a good life or providing good doctors and medicine.  This is the Redistributive State which seeks to undermine freedom by giving people material goods in return for those people relinquishing ever more control of their lives to the State.

This can be done by means of an Elite funding or promulgating a lower societal uprising so as to force society to be under enough pressure to call for a crackdown on those putting them at risk.  It is a mug's game, a violent game of 3 Card Monte in which those seeking to lead a normal life are The Mark.  When you agree to the 'good' that such government provided social programs can do at the cost of taking money from those who have rightfully earned it via their liberty, you agree to limit the liberty of all: of the rich to be rich, of the poor to realize that they are the source of their own problems, and of the middle class to purchase the passivity of the poor with the wealth of the rich and hoping for a few scraps for themselves.  When you wash, rinse and repeat this sort of thing you are in the  process of breaking the will of individuals to have a free society, to stand up for freedom and ridiculing them because they actually support the ability of people to get rich and of the poor to also have that same opportunity.  What is offered is the class system, at first, which turns into a self-fulfilling Caste System with those at the upper levels dictating to the rest of society how it shall act in its own terms.

The modern West is in one or more cycles of this, but it is interesting to look at one society where this has reached an end-game: there are no longer any illusions of providing social goods because they aren't necessary as the will of those to have a civil society have been broken.  In China there is so much autocratic control and police suppression that it is hard to get information out, but in another place there is just enough of a shame culture left and the attempts to have a veneer of civilization remaining that we can get a look at what this looks like.

I've reported on the Red Mafia before a number of times, and this time I'm coming at it not from the 'find all low level sources to piece together a framework' end, but at the other end of what happens when a very few who actually want to do their jobs in government AS jobs in government actually give the high level framework in stark detail.  I found this through Amazon Pime's service in  film documentary by Andrei Nekrasov who recounted the murder of Alexander Litvinenko in Poisoned by Polonium.  I had looked at part of the aftermath of this assassination of Litvinenko, but the lead-up to it and the high levels of corruption and societal abuse it points at is telling.  It is a film I urge everyone to see since, if you want to see where a quasi-western State ends when its elites assume autocratic control, there is no better overview of just how this can come to be.

The events the film reviews are centered on the post-Soviet collapse in the 1990's where the productive capacity of the old Soviet industries came under the sway of two general classes of individuals: old Soviet elites and organized crime.  In some cases there is no differentiating between the two because they have a connecting link in the secret service, the FSB which used to be the KGB, and actually dates back to the Czar's Cheka.  At one point they are actually referred to in their modern FSB incarnation under that term: their name changes but their methodology of violence in service to State remains. 

From Litvinenko we hear about this directly:

In our country, the special services are, in fact, a secret political organization that uses sharp methods, secret methods, not against spies and terrorists, but solely to keep a ruling class in power.  In 1999, for example, to seize power, the FSB used secret methods that are only allowed against terrorists and spies.  If the army were to seize power, they'd roll in with tanks and guns and fly in with jets maybe.  But everyone would notice. The FSB, on the other hand, has secret methods, and nobody noticed anything until chekists made up the government and seized every organ of power.  If the KGB was the armed unit of the Communist Party, then the FSB is the armed unit of – of a caste of corrupt Russian officials.

Normally a 'Police State' is something created by a dictator or tyrant as a means to control the population by deploying the police as parts of the government with the sole aim to keep the people controlled by police power.  In the case of Russia this has been flipped around where it is the Secret Police that now put forward their own minions into politics to give a veneer of choice but, in actuality, by their brutal and repressive methods that they keep secret but are whispered about, there is no choice at all.  Really if something is undertaken to sway the public via terrorist means promulgated by the Secret Police who, exactly, is going to investigate them?  Anyone seeking to do so can be intimidated via the system that is in place of informers, records, laws promulgated to help keep the police in power, and then enforced by a corrupt legal system upon those who try to bring the actual truth forward.

With tin-pot tyrants if you have a revolution to get rid of the tyrant, can you be sure that it wasn't the secret police that actually instigated the revolt to put themselves into power?  And when a society shucks off its old totalitarian State apparatus, what happens if it actually keeps the secret police around?  Unfortunately this last question is answered in Russia.

One of the men a special unit of the FSB was to frame a man or take him out of ciruclation , and that manwas Lt. Colonel Trepashkin who was starting to piece together just what was going on inside Russia.  He recounts his story:

My first conflict in the '90s was with today's FSB director Patrushev.  I rounded up a gang that laundered money, murdered people, consisted of war lords.  At some point, I had finally managed to get them, but then the problems really started.  There was that classic chain of protection that gangsters always have whether in the FSB, the military intelligence, or in the police.  I was told to drop the case.  I said "Why, these are criminals, we have to indict them.  I won't drop it!"

The agent inside the FSB who was told to frame him so that Trepashkin would be stopped and was recorded on tape in case anything happened to any of the men from the special group in the FSB:

Trepashkin knew something, and they were afraid he'd reveal it in court.  That was my first assignment in the new department that I found really suspicious.  We ended up avoiding it and never completed it.  At the concluding session of 1997 – [..] My boss Kamyshnikov came to me and said, "You must kill Berezovsky."

There is one relevant question that can be asked of Russian society, however, before going on to how the FSB got into power: were the Russian people ready for freedom from an autocratic, indeed, authoritarian State?  For that there is an answer from Boris Berezovsky:

Berezovsky -  So we can put forward – So a certain hypothesis can be put forward.  The better the opportunities a political system offers its members, the citizens, the more efficient the system is.  But the citizens must accept, voluntarily, certain limitations on free will.  A transition from a totalitarian system to a liberal one can only take place when enough of its citizens learn to accept certain inner limitations of free will.

Nekrasov – Perhaps the transition from external limitations to inner ones.

B – Exactly!

N -  Inefficient systems force external limitations.

[..]

B – What a price humans have to pay for knowledge.  How hard it is to rise above the common wisdom.

N- Is it even more difficult for Russians, would you say?

B -  I know what you mean.  The Russian mentality is that of slaves. That's why the system of forced limitations is so welcome. So why then am I advocating liberalism in Russia?  Am I contradicting myself, advocating freedom for the Russians, going against the nation's character?  So, is Russia ready, which means her people ready to take up the responsibility of freedom? I think they are ready.  Because once the tyrannical dictate was lifted, millions of entrepreneurs appeared, a myriad of independent politicians and journalists appeared.  Russia turned out fully prepared for this crucial, historical step.  We only needed to move forward and consolidate that freedom.  And so my main conflict with the authorities today  is about individual independence.  All those stupidities – media controls, "vertical power" – have one result.  Destruction of freedom in the minds of Russia's citizens.

One can see where Boris Berezovsky is a very dangerous man to the FSB and those that they support.  The betrayal of freedom in Russia post – USSR started at those places that were the worst off condition-wise.  This exploitation would not only put the criminal oligarchs in power, but they would do so with the help of the FSB and the new Duma which had barely gotten time to get itself together.   The film recounts a cover-up of this period in which Vladimir Putin was involved with a company he had going in Germany which was in contact with the Colombian Cartels and served as a money laundering outfit.  Putin was, at that point, head of the FSB while sitting on the board of that company.  This is recounted by Jürgen Roth, a German writer who has been tracking the Red Mafia's work:

Jurgen Roth - When the premesis of the SPAG here in the Frankfurt area were searched around lunchtime – Well, the offices were searched all day.  But around lunchtime, the Chancellor's office was informed.  That same day, the Russian Interior Ministry was tipped off about the search, which is strange.  Even before the search took place, the public prosecutor's office in Frankfurt tried to suppress the case.  What was on their mind was that Putin was central to this whole affair.  The prosecutor investigating the case didn't get any help. 

It all started with a report about money laundering in Liechtenstein.  In this report the BND, the federal intelligence service, there was a note about the SPAG company laundering money for Russian criminal organization called Tambovskaya.  And so the Public Prosecutor Kirkpatrick opened an investigation.  Soon after that, it was confirmed that money laundering was taking place, that the Tambovskaya connection existed and that Putin might be involved. 

When the company was founded, Putin was on the board of directors for half a year in 1993.  After that he was on the advisory board until 2000.  During that time he was in St. Petersburg and also already director of the FSB.  So he was on the advisory board of SPAG while he was the director of the FSB. 

Now I am familiar with the workings of the FSB.  If someone somewhere so much as farted, he got a written report about it.  And it's hardly plausible that Putin was not informed about all this, about what was going on with SPAG's money and that the people behind it were criminals, classic mafiosi.  He was under investigation for accepting large sums of drug money,  which is undisputed.

N- That was ascertained?

R – It was ascertained by the courts in Liechtenstein.  You can also track his longtime intelligence connections to Germany, to Dresden. I've got a list of all the intelligence officers from the GDR era, and Putin is on it.  Even back then, he kept close connections with the entire intelligence community involved in dirty business.

N – The East German?

R – The GDR intelligence service.  Stasi.

N- Corruption and things?

R – Not only corruption.  Corruption – That's a matter of course.  No one even discusses that anymore.  It's more to do with spying and destruction.  How do I destroy a political opponent?

This is not the first instance that Putin was involved with underhanded dealing for personal gain via criminal means.  This starts with a lead that Litvinenko gives:

Shortly after I gave the interview on Radio Liberty, publications appeared that accused me of slandering our president.  Not to mention that Putin was caught stealing metal assignments and funds in the early '90s in St. Petersburg.

To properly understand what Putin was doing in Leningrad it is important to hark back to what else was going on in the Non-Ferrous Metals outfits at the time, and here I wall draw on my prior piece A taste of Oil For Food and its chefs, which goes over the process of 'tolling'.  With the Russian economy crippled by State facilities being unable to make any payroll at all, the workers were down to barter of goods their facilities produced in exchange for other goods from other workers in other facilities.  This was causing problems as stuff like food wasn't made locally and had to be brought into many regions and without a cash  based system to work with, there was no way to barter ovens, say, for eggs, cheese and milk.  Those who stepped in to put money into these facilities were generally of two major classes: rich elites of the former Soviet State, and organized crime.  Some facilities did try entrepreneurial capitalism, yes, but for large metal works, aluminum plants, steel foundries, titanium smelters... heavy industry in other words... you needed cash.  Lots of cash.  And these 'investors' wanted a 'sweet deal' from the new government and they insisted on 'tolling'.

This form of 'tolling' is unlike having to pay a certain charge on a toll-based road, however, as that is a government tax on use of that road by those who travel on it.  Here it is something else entirely: the agreement by the government not to put a tariff on goods that the producers get in exchange for their output.  What this put in place was a system whereby the workers actually got paid a pittance, almost all of what was produced went outside the country, what came back after sales had no tariff on them and were then sold at above market prices locally.  If you run this sort of system then those running the business get to keep their overseas money, put a small amount in goods to come back, garner a huge windfall of increased prices for those goods versus what a competitive market would garner and then pocket those profits, as well.  Because State power is used to enforce who gets market share and is able to exclude exterior competition and their better managed systems, what you get is a near monopoly on certain regions and markets by what is effectively monopolies run by organized crime.  Isn't it great when you get to write the bills to be passed like this?

From this the section of the film in which Leningrad (St. Petersburg) comes into clear focus because the situation was one in which Putin was part of a transactional scheme to exchange raw materials for food, or metals for food in 1991-92.  Any FSB agent who understands this sort of region and its criminal element is set to make out like a bandit which is, exactly, what Putin did and was written up and dismissed from the program by local officials about the external affairs office and has since been made to disappear as a document and is very difficult to find copies of it anywhere, even on the Internet.  The value of the amount embezzled was $11.5 million which meant that the citizens of St. Petersburg would go hungry and food would be rationed there for the first time since WWII.  That amount is a low-end figure as it doesn't go into specific foodstuff costs which were left out from the contracts.  From the report:

There are reasons to suggest that partners did not intend to import foodstuffs to St. Petersburg.

[..]

The recommendations to refer the case to the city prosecutor's office and to remove Mr. Putin from his position.

In 2000 another investigation clarified that because of what happened St. Petersburg did not receive foodstuffs in excess of $92 million, but the total cost left unjustified to the committee amounts to $850 million.  All from an organization that was being run by Mr. Putin.

And how did Vladimir Putin get into power?

If you are the head of a secret police organization using illegal means to enforce power, to work with organized crime, and to partake of such crimes as well, and you have the power and means to undercut the judiciary and subvert military officers, then you are left with very little to resist you.  With that said there is one pretext for a State assuming additional powers and that is war.  In this case the war in Chechnya and, most critically, the second phase of it that started with the bombing of a bridge and then an apartment complex in Moscow.

Those bombings had one strange artifact to them: in the case of the bridge bombing there was an FSB agent found dead at the site of it and in the apartment complex bombing an FSB agent was indicted for having supplied the necessary explosives.  Or should it be said that these were Special Agents, for they were.  The denial of the FSB is, ostensibly, 'we couldn't have done it'.  Even though agents of the FSB are implicated.  Indeed this brings into question why a tank column was stopped outside of Grozny for days and then bombed just before the other attacks.  Tank columns do not stop by roadsides for days at a time as that is wasteful in men and resources who can be better used for doing other things, like not needing field maintenance.  If you are trying to put together a meme of advancing terrorist attacks, would there be a better way to do it than just as it was done?  Because terrorists, you see, don't work on 'front lines' and don't need to 'advance' via announcing themselves with periodic attacks along a given axis of movement: they are not military units.

To get more State power over media, over the economy, over people, is there any means better than a war?

If the secret police of a State using illegal means put forward a program to require the current regime to delegitimize itself, would there be any better way than to start what is, essentially, a civil war and then assert 'special powers' in 'rooting out terrorists' by that self-same secret police?  And then, in the midst of awful, bloody fighting, wouldn't it be nice to have political backing, even if from extreme nationalists, for such activity?  Because that also came with the Chechen war and is one of the most startling visual artifacts of the documentary: skinheads chanting for Putin while waving a flag with a black hammer and sickle in a white circle on a red field.  The swastika replaced by the hammer and sickle.  And chants for killing them all, the Chechens and, although none had any involvement in this, the Jews.

With the election of Vladimir Putin also came the election of a high number of FSB agents and officials also 'winning' elections so that every organ of the State was soon in control of the government.  Some may remember the terrorist attack on the theater in Russia where patrons were held captive by 'terrorist' gunmen.  One of those was an FSB agent who was put into a high position by Putin some months after the 'terrorist attack'.

If China points to international socialism becoming a formulation of national socialism, which is to say fascism, then when genocidal war is mixed into that, as is the case in Russia, you get a form of fascism known as Nazism. Of course it will be denied up and down the line, yet the supporters of State power continue to show up with proper symbology be it that twisty, interlocking geometric design of the New Dawn party in Greece, or the swastika replaced hammer and sickle flag in Russia.  This, most virulent form of socialism at the nationalist scale, is a horror for mankind... although not a lesser horror than international socialist kind as both look to kill to get to and remain in power.  Often with tens of millions dead in that quest.

The true horror is the attitude taken by prosecutors and governments outside of Russia when companies started by FSB agents or organized crime in Russia, and it is hard to say which is worse at this point, are then suspected of criminal acts.  Money laundering, drug running, and, of course, murder using exotic means like a highly rare, short lived, radioactive metal like Polonium.  Litvinenko thought he was safe in Great Britain, but safety is only an illusion unless the State will actually do its job to keep you safe from exterior attack... not turn a blind eye towards it or refuse to ask hard questions or even seek to shut down inquests.  Yet, in the West, we see that in Great Britain and Germany, and if that sort of thing is going in those States, one with the longest history of people seeking democratic freedom and the other the one place that should have learned its lessons about the horrors of NOT investigating such things, then what does that say about the rest of Europe and the West as a whole?

In the US we have a man like Eric Holder who, it must be remembered, was involved in some very sorry episodes in the Clinton Administration, proving to be duplicitous in the Elian Gonzales affair, who also put forward a pardon for Marc Rich.  The same Marc Rich who would show up in post-Soviet Russia to bring 'tolling' as a concept with him to teach to the oligarchs.  It is certain Vladimir Putin knew of Marc Rich – as the head of the FSB that would not escape his notice.  And as Marc Rich had investments in operations going across Russia, east to west, it is very likely that Vladimir Putin had more than a nodding acquaintance of Marc Rich's tactics and techniques.  Did Putin actually know Marc Rich, a man then on the lam from the FBI for questioning with an international search warrant out for him prior to his pardon?  Especially as Putin used the methodologies that Rich brought with him to absolute perfection, can that be just chalked up to being a real good study of those techniques?  You don't use them by accident, that's for sure, but with criminal intent as the two commissions investigating the starving of St. Petersburg pointed out.  And as the courts in Liechtenstein also pointed to in the case of SPAG.  Makes you wonder where SPAG got its money, doesn't it? 

Back to Eric Holder, for a moment, how does such a man pushing for a known organized crime participant to get a pardon, which he must have known in his position at the FBI, get a 'pass' by any political establishment?  How does a duplicitous public official with policing powers entrusted to him violate that trust and, yet, get promoted?  How does criminal operations of running guns to Mexican Cartels, and to other non-State operators overseas, against the treaties we have signed with these Nations, actually get a yawn from the media?

What does the End Game Against Freedom look like?

Vladimir Putin had many contacts in the intelligence and police community overseas.

Here's a thought.

President Eric Holder.

But only after some suitable 'national emergency' has taken place in which 'extraordinary powers' need to be used to 'stop' advancing 'attacks' by organizations that don't do advancing 'attacks'.  That is the equivalent in the US.

The End Game Against Freedom is a Police State.

Run by the Secret Police, not a dictator creating one but a dictator put in power by one.

Who watches the Watchmen?

Sunday, March 17, 2013

Structural analysis of Amendment II

From the US Constitution's Bill of Rights:

Amendment II

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

To do some analysis on this Amendment requires examining it by its parts as this is a passive voice clause that hints at it being of a large scope unlike the active voice clauses that mention a particular part of government or government function.  To those not familiar with this sort of terminology I point you to two prior posts looking at the work of Nicholas Rosencranz in – All agree or none shall pass Part 1 and Part 2.  His work on the Subjects and Objects of the US Constitution serve as a means to examine the inter-contextual structure of the Constitution and its Amendments via the SVO structure of sentences.

To begin comes the passive voice system in which the subject is not one of a stated power or function of the US government nor, indeed, any State government which would get direct recognition.  Here the subject is the Militia which has prior mention in the US Constitution which allows for the context of Amendment II to be seen in light of what the prior citations are for this subject.  In Article I, Section 8 there is this mention:

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

These are passive voice clauses as compared to the five more active voice clauses seen preceding them in Section 8 regarding the Army and Navy which are power grants to Congress:

To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

In these clauses Congress is granted power to do things: To define and punish Piracies and Felonies; To declare war, grant Letters of Marque and Reprisal; To raise and support Armies; To provide and maintain a Navy; To make Rules for the Government and Regulation of the land and naval Forces.

These are all things Congress is granted power to do and they are specific power grants to specific Objects be they legislative in nature or to parts of the government specifically created and cited by this language.  Congress is not granted power to create the Militia but to arm, organize, train and discipline the Militia when it is actively called up for service.  This is a function not of creation but of regulation to normalize the operations of the Militia to that of the military power granted to Congress.  This is not a power grant to Congress for creation of such a body or organization.  This is the power granted to Congress for the Militia is exacting: it may provide for calling forth the Militia and that the Militia will act under the Law to suppress Insurrections and repel Invasions.  In those two instances Congress is granted only the power to tell the Militia it must act in accordance to the Laws of the Union which are not just the civil laws but the military laws used to govern the stated Army and Navy powers of Congress.  Those Laws are those of the Piracies and Felonies, War, Letters, Rules of Capture, and Rules for the Government and Regulation of the land and naval Forces as well as the Militia.  These are militarily known as the Laws of War and are operational in nature, which means they are how a military is to operate and what the rules are it is to follow when in war.

The internal organization, creation, and all other powers for how the Militia gets its officers are not granted to Congress but to the States the Militia comes from.  That is to say that the power of assigning officers, creating drill routines, how often training is supposed to happen and how the Militia gets organized is not granted to Congress but to the States separately.  The second clause is thus one of regulation during a call-up to service which is strictly limited to war or suppression of insurrection.

From this the Militia begins to get a definition:

1) Militias are State bodies created by the States,

2) Militias can be called into service by Congress during war or to suppress insurrection,

3) Congress can regularize the operations of Militias to be in accord with army and navy laws, rules, procedures and common arms,

4) Militias have their internal command structure determined by their respective States, not by Congress,

5) Militias are not regular forces under the command of Congress and are explicitly stated as bodies that may be called forth in service to the Union but are otherwise not under Congressional power.

There are two additional clauses in Article I that deal with these powers, and they are in Section 10, which is in regards to the States, and I will give you the first and third clauses as the second does not deal with war powers:

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

[..]

No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

These are active voice prohibitions and exceptions that pertain to the war powers and the Militia is an adjunct to those powers.  The first is an explicit prohibition on the States on war powers that they may not utilize nor exercise: Treaties, Alliance, Confederation and Letters.  The second is an active voice prohibition with exception.  States are not allowed without Consent of Congress to keep Troops or warships in time of peace or enter into Agreement or Compact with another State or foreign Power, or engage in war.  The exception is explicit on these things: unless actually invaded, or in such imminent Danger as will not admit of delay.  Any State suffering invasion or in imminent Danger that no other forces can come to defend the State is then relieved of such prohibitions.

From this we get another definition of the Militia:

6) Militia are not Troops or navy.

That is Militias are not standing forces but those individuals of a State who come together to practice the arts of war but do not form a standing military organization.  They do not get regular pay from the State.  While uniforms may be regularized, actually getting one can be done either by purchase or donation of used equipment.  In fact all the equipment and supplies rely on those who volunteer for such work without pay and with only the internal rank recognition as formulated by their State.  As is often seen in movie depictions these are 'Honorary' titles, save during call up to arms by Congress or utilized by their State to combat invasion or Dangers, in which case they become active and formal titles of rank.

A Militia  is not the National Guard unit as that is part of an organization directly created by Congress, under standard Congressional regulations for the army and the navy, with its internal structure defined by Congress.  National Guard have many appearances of Militia in duties and their ability to be called up by Governors but their internal command structure is one created by Congress, not the States. 

If the National Guard were a Militia they would be able to own their own weapons and equipment, be responsible for them and train as their States provided for, as well as have rank positions that were solely a State concern.  The bases, armories, equipment, supplies, provisioning, and all other things would be the property of the Militia, the members of the Militia or set aside by the State to form volunteer Troops that answer to the State, first, then federal government only during times of war or insurrection.  In some instances the National Guard is explicitly called a Reserve Unit of a military branch, and a Militia is specifically not a Reserve but an autonomous unit under direct regulation of their respective States as non-standing forces.

Moving on to Article II, Section 2 and the Executive Branch there is the following, in part:

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; [..]

This is an active voice in 'The President shall...' and a direct and specific power grant to the individual of the President.  As leader of the armed forces, the President also becomes leader of the Militia of the several States only when they are called into service by Congress.  Thus there is a two part requirement with order precedence: active call into service by Congress then allows the Presidential power of command.  What is interesting is that the States generally place their Governor (or other determined Executive) in charge of the Militia during call to service for the State. 

This is an ongoing tradition of the several States as existed before the Constitution  as I examined for a number of the States in this posting.  Indeed during such times of service a Governor's power grant of Field Marshal or General (or whatever a State determines it to be) would then place the Governor in charge of his Militia during call up by the legislature in that State and such duties would also place that Governor in charge during a call up by Congress as the leader of the Militia.  This would serve as a check and balance on the President and federal power and also allow for a voice in wartime to be heard from the States, especially on operations taking place within that State (to repel an invasion, say).  The President would get overall command of forces, yes, but the particular way those commands are passed down would be through the Governor (who may appoint a State determined Militia Officer in charge of actual disposition, but the chain of command would still be present).

That is the Executive power grant and it is short and sweet.

In the Judicial power grant in Article III there is this from Section 2 and do note the internal link to an Amendment is in situ from the Archives:

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;-- between a State and Citizens of another State,--between Citizens of different States,--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

During active calling for the Militia they serve as an adjunct to the regular forces and under the codes for them set by Congress.  In general when operating in the field on hostile territory, even during an insurrection, the State may not be said to be in control of such territory where that conflict is taking place or that the actual land is contested via force of arms.  Thus the military code is in place for field operations and as they are not normal, civilian operations they operate under the Courts Martial system.  Thus Courts Martial are normally not jury trials but ones by Tribunal or, if in the field during combat, often by a commanding officer who must make a life or death decision on the spot.

There is an appeals process to the Supreme Court and that is a direct and mentioned power grant to it.

Thus we now know who regulates the Militia: the States in Peace and the Congress only under calling forth in war.  This regulation is one that is in the nature of training, organization, and command structure.  Prior to the US Constitution, State Constitutions tended to leave the lowest and most local level of the Militia up to local organization and officers below a certain rank, and then those companies would come under the structure regulated by the State.  In this case 'regulation' is in regards to the regularization of duties, training, etc. not in what you arm yourself with.  If a higher level wants the Militia to have different arms in the field, then it must supply them and train the Militia in its usage, which is the Congressional language that says as much.  There are no prohibitions in such regularization and, indeed, it is usually an upgrading of arms and armament when it is supplied by Congress.  And nothing prevents the Militia from using what it wants to as each individual must support himself within the organization.

From this we now have a much better definition of the Subject of the Amendment II: the Militia.

Next is the Verb in the SVO sentence and it reads as follows:

being necessary to the security of a free State,

The Militia is a pre-requisite to a free State and that has a similar mention in the body of the Constitution in Article IV, Section 4:

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence.

This is an active voice part of the compact between the States and the US government which is created by the signatories to the Constitution, which are the duly elected representatives of that State with the assent of the people of that State.  The purpose of this larger government is to ensure that a Republican Form of Government is in every State, which is to say a multi-way power division between branches that have separate power domains, and that the government shall protect each State from Invasion.  Here we learn an important proviso on the prior Article I, Section 8 mention of suppression of insurrections: that can only be done when a State Legislature, or Executive when the Legislature is not actively convened, petitions Congress for this intervention.  Thus there is a State check on the suppression of insurrection power and is broadened to domestic Violence for the States.  Not only is this a positive check on Congressional over-reach, but it actually puts a greater scope on what a State may see as violence against the State as an entity.

It can then be said that as the States are guaranteed a Republican Form of Government and that each State shall be a free State, that the Republican Form of Government is a pre-requisite for a free State.  Indeed this goes with prior examination of Art. I, Sec. 10 and that the scope of governments in the States are to have Legislative, Executive and Judicial branches, although their exact powers are determined by each State.

A Militia then serves two purposes from Amendment II:

1. It serves to keep an established free State as free,

2. It is the foundation of a free State as its guarantor.

The US government is only to serve to protect each of the States and to come in service when a State Legislature or, in limited circumstances, Executive calls upon Congress for help.  As seen in Art. I, Sec. 10, the normal prohibitions upon a State to keep Troops disappears during an invasion, emergency which shall not admit of Delay which is larger domestic Violence against the State as an entity.  Isn't it nice how the same stuff gets repeated in slightly different terms throughout the Constitution so that people can get a good idea of what a specific power is?  Art. IV, Sec. 4 does that without ever once mentioning the Militia, and yet it now fully scopes out the power relationship with regards to it via the States and the larger government they have created.

If this larger government is the external guarantor of a free State, the Militia is the internal guarantor of it.  Amendment II puts the Militia in an exactly equal power position as the entirety of the US federal government in the Verb activity of the Militia.  They are exactly equal in power and are given the same domain with the exception of which is internal and which is external, and the line between them is demarcated and explicitly drawn.  It is because of that equivalence of power and stature that the Congress cannot control and regulate the Militia at all times, as that would make a sham of having a free State.  To have a free State you must have:

1. A Militia.

2. A Republican Form of Government.

Anything that is a necessary prerequisite for something else thus places it ahead of the other thing.  If A is necessary to having B, then B cannot be necessary to have A: A comes before B.  And if B is necessary to get C, then A comes before C.

A = Militia

B = free State

C = United States government

A then B.

B then C.

Militia before a free State before the United States government.

That is the explicit logic structure set up by Amendment II and is in accord with creation of the Constitution by free States.  You do not get to the United States before you get to a free State and you do not get to a free State before you have a Militia.

Now comes the Object of the SVO sentence:

the right of the people to keep and bear Arms, shall not be infringed.

Who makes up the Militia which is the Subject of this Amendment?  That is answered: the people keeping and bearing Arms in a way that is not infringed upon.

Who would do such infringing?  Who is this prohibiting, in other words?

The power of a passive voice is that when it is not explicit (which would create an active voice, as in Amendment I) then it is universal for that domain in question.  You can go to Amendment III and see this sort of thing at work with the 'No Soldier shall, in time of peace be quartered in any house, without consent of the Owner...'  This is a universal protection against any that would house a Soldier in a private residence.  It does not matter if Congress wants it done or if the Executive orders it, or a Judge requires it: it is prohibited from all THREE from doing this.  Their power is limited, and circumscribed during peace time and then in times of war there is necessary military law to follow for territories under dispute.  In other words even during wartime there is a necessary set of laws to follow for Soldiers as set by Congress.  Yet at no time is 'set by law' mentioned in Amendment II, which means there are no provisos to Congress making law in this area.

Amendment IV also is a passive voice reading 'The right of the people to be secure in their persons, houses, papers...' is one that is against the Executive who must seek a Warrant from a Judge before violating these protections.  Otherwise, on just the say-so of an Executive this cannot be done.  What is more is that Congress cannot order a blanket search by law without having provisions for the Judiciary to moderate it via the Warrant process.  Yet the Executive and Judiciary are not mentioned in Amendment II.

Take a look at Amendment V, and I'll do a bit more with it here as it mentions the Militia, but as individuals:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Note that while serving under call-up during wartime means you are subjected to military law and its system, so the standard civilian protections are not enforceable for individuals serving during a war.  Why don't jihadis get a civil trial?  They are at war with us, waging illegal war and are subject to military justice whenever they wage war against the Nation.  Similarly if you are in the Militia under call-up and commit a crime in-theater, you can expect military justice as given by Congress.  Thus when called up the Militia is under military law, and when not serving they are under civilian law.  It would be expected that during time of training in the voluntary Militia you would be under the laws set by your State for such activities and training.

It can be seen that there are laws for the individual regarding the Militia, how it is formed (done by the State) and how it serves under call-up either by the State or by Congress.  These are not prohibitory laws for firearms, but laws for conduct and order within the ranks and during combat.  Thus these are not venues to prohibit arms of any sort and they are universal and inclusive of not just the federal government but, because A then B, of the State as well.  Internally this is consistent with the other Amendments in the Bill of Rights and the Body of the Constitution as well, and this provision has rooting in both and must be read as part of the existing structure of the Constitution itself.

Would this mean that there are no prohibitions on any arms for anyone?

No, there are prohibitions and one of the simplest deals with loss of certain civil rights by criminals.  Convicted felons have their civil rights restricted in regards to the franchise and the keeping and bearing of arms as such individuals have demonstrated that they have placed themselves outside the law for their own reasons in the way of crime and are no longer trusted with either the franchise nor the right to bear arms.  But do note that felons who pick up any readily available arms for self-defense against animals or other criminals (or in times of war) will not be prosecuted as they have exercised their positive natural liberty to preserve their own life.  To those wishing to give back the franchise to felons, why not the right to keep and bear arms?  If they have, indeed, served their time and done penance, and you wish to trust them with the franchise, then why not with arms as they come in hand-in-hand should not your trust be perfect in that regard?

Looking back to the Common Law, there were restrictions on arms one could not bear on their own, such as cannons and mortars.  These crew-served weapons one could own (a man's home is his castle) but couldn't take along with him to the store or city council meeting.  Keeping and bearing meant that you could keep such heavier arms, but had restricted utilization of them because you could not bear them.  Keep and bear arms means things you can carry with you.  And back in that day it was not just muskets, pistols and such, but axes, swords, long knives, sabers... anything you could afford, really.  About the only other restrictions were on those who had lost all touch with reality, those who were violently insane, or just unable to learn how to operate even the simplest of arms or who were so withdrawn that very little could reach them save hunger.  They were usually restricted by confinement, kept from dangerous objects by family or cared for by individuals or institutions that tended to the sick.  If you heard voices but performed your duties, recognized commands and realized the voices in your head couldn't order you to do anything but that guy with rank insignia could, then you had the opportunity to defend yourself like the rest of them.  While we may have improved upon diagnosis, description and some treatment of these problems, the social controls seem to be less, today, than they were way back when before the Framing.  If you can't trust your fellow man to help on this, then bucking the stupidity up to government isn't an answer and becomes a whole different sort of problem.

Thus the restrictions upon individuals are those of self-government, caring for your fellow man, and seeing that those who are criminal really may do their time, but that lack of self-control for a felon means that there is a serious lack of something there that time just may not heal.  That's about it. 

A free State is not just kept by armed citizens, it is formed by armed citizens, and that logic is one that is at the basis of Amendment II.  It is a recognition that the positive natural liberty of bearing arms is not just self-defense, but in the creation of a free State that will recognize your rights as an individual to be free to live in a society that respects you and that government is forced to respect by its very foundation.  Of course there are dangers to this, but there is worse danger and blood... rivers of blood... due to tyrants and autocrats, despots and dictators, emperors of many stripe who have decided that slavery for others is better for them... when government is not forced to recognize that it is accountable to free citizens who are willing to change or abolish government when it no longer respects their freedom and liberty.