Pearl Harbor at 75: What Has the Empire Wrought?

For those of us interested in US foreign policy, anniversaries of significant events serve multiple purposes. As libertarians, putting opposition to war at the forefront of our outreach is paramount, both for the sake of ideological consistency and because the permanent warfare state is the primary obstacle to peace and freedom for all. Our history as a movement, however, is full of lapses when it comes to promoting non-intervention.
The circumstances surrounding the December 7, 1941 attack on Pearl Harbor cannot be given a pass, nor can they be blamed on non-intervention. The unjustness of the war must not be left out of the conversation either. Enough individuals were murdered by governments during World War II, an estimated 60 million or more, that preventing such a disaster from transpiring again is the least we owe the dead. We also owe them — and ourselves — the truth.
That day, seventy-five years ago, sparked a turning point in military mobilization, central economic planning, and the supposed triumph of benevolent government forces over belligerent foreign monsters. But the reality is that there were multiple aggressors, all of them responsible for various war crimes. War is never an occasion to celebrate.
On this date, like so many others, the government and its choir of media mouthpieces propagate information unreasonably deferential to the well-established power structures in America. The glorifiers of empire seize upon the anniversaries of previous failures as opportunities to reinforce the prevailing government narrative.
As libertarians, it is up to us to refute government propaganda from the left and the right, especially on the days the State holds sacred, like the Day of Deceit.
Scott Horton, managing director of the Libertarian Institute, has interviewed Robert Stinnett, World War II Navy veteran and the author of that very book, on numerous occasions since 2003.
On the fifty-ninth anniversary of the attack, Horton and Stinnett discussed a number of controversial and important points related to Pearl Harbor, including FDR’s provocations of the Japanese to gain the support of Americans for US entry in WWII; the McCollum memo’s 8-part strategy to isolate and weaken Japan; the possibility that Admiral Kimmel was indeed privy to FDR’s war plans; and the US cracking Japanese naval and diplomatic codes before the Pearl Harbor attack.
Horton and Stinnett continued along this line of inquiry on the sixtieth anniversary, discussing Stinnett’s discovery of the McCollum memo in the National Archives, and the US interception of Japanese coded transmissions. Stinnett also commented:

“…when the cryptographers located the fleet in the North Pacific on November 26th, a priority message was sent to Washington asking what we should do, and it was sent by Admiral Kimmel, the commander of the Pacific fleet. ‘These Japanese warships have been located – what should we do?’ And the Navy Department waited two days and then told him to stand aside and let Japan commit the first overt act. Don’t jeopardize your defense, but let them strike first. I found those documents. Those were just as revealing as that overt act of war memo.”

All of Horton’s interviews of Stinnett can be found archived online.
Sheldon Richman, executive editor of the Libertarian Institute, authored “Pearl Harbor: the Controversy Continues” in December 1991. Richman explores many of the contentious points surrounding the incident long before the publishing of Stinnett’s work, but the questions remain just as relevant today:

“Pearl Harbor is actually a bundle of controversial questions. In order of descending controversy, they consist of: whether Roosevelt and his closest aides knew there would be an attack on Pearl Harbor on December 7; whether they knew there would be an attack against American or British targets somewhere in the Pacific; and, finally, whether Roosevelt’s policies toward the Japanese were intended to provoke the Japanese into sulking at American interests, thereby providing a ‘back door to war’ and grounds for full public support for the war effort.”

As I reported a few months ago, the controversy over code-breaking arose again this year after a panel of the 7th U.S. Circuit Court of Appeals voted 2-1 to unseal grand jury records related to the journalism of a Chicago Tribune correspondent’s June 7, 1942 report that implied the government had broken Japan’s secret naval code.
“The Tribune’s tacit revelation of the code-breaking coup infuriated Washington. President Franklin Roosevelt wanted to have Marines occupy Tribune Tower,” wrote the Chicago Tribune’s Editorial Board the Friday following the court’s decision to unseal the records due to high historical interest and the negligible need for secrecy in 2016.
The Taxpayer Education Foundation has published several reports on this controversy over the years, most recently on the seventieth anniversary of the attack, much of it drawing from the work of Robert Stinnett and John Tolan.
The Independent Institute’s substantial Pearl Harbor Archive is a wealth of information for both those familiar with and new to this historical controversy, including resources by previously mentioned authors Stinnett and Tolan, as well as Robert Higgs, John T. Flynn, Anthony Gregory, and Alexander Cockburn, among others.
Those critical of our questioning of the government’s narrative and its celebration of World War II should consider the question posed by Angela Keaton, executive director of Antiwar.com and a member of the board of the Libertarian Institute,  during a debate at 2015’s Freedom Fest.
After an audience member brought up the subject of World War II during Keaton’s engagement with historian and archaeologist Ian Morris on his book, War! What is it Good For?, Keaton was prompted to channel the work of Bill Kauffman and respond thusly:

“Here’s a better question: Why is that what actually happened – the roundup and murder of six million Jews, tens of millions of Russians and Poles and Germans and Japanese and others, a half a million American deaths, and an unprecedented uprooting of our population, and the hypertrophic growth of the American state, and the deliverance of half of Europe to Stalin and Soviet tyranny – why is this the “Good War”? Why is this thought to be the best possible outcome, that bloody-soaked hell? And why is it some horrible breach of etiquette to ask if other paths and policies would’ve produced a better outcome? Shouldn’t employing the largest military might on Earth – the largest military might the world has ever seen – be the last resort?”

War is the culmination of all the worst aspects of government. War is theft, property destruction, and rapacious taxation. War means violating individual rights, enforcing collective punishment, and destabilizing markets.
Is war the engine that drives government or is government the engine that drives war? As Randolph Bourne famously wrote, “War is the health of the State,” and to add a corollary, taxes are its sustenance.
If we wish to realign American politics and culture to reject militarism at home and abroad, then libertarians must undertake a new mission to implore both the left and the right to embrace liberty and reject our enemy, the State, and the wars and taxes which maintain its power.
Nothing short of this will rollback Leviathan and free us from our government.

Chicago Police Department Threatens Taxpayers and Promotes Insecurity

View as PDF
Chicago, IL – Security comes at a price, but sometimes costs outweigh the supposed benefits. Chicago Police Department (CPD) retirees are costing taxpayers hundreds of millions of dollars in annual retirement pensions, and a number of retired CPD officers collecting pensions are responsible for hundreds of millions of dollars in settlements for police misconduct lawsuits.
“These excessive government pensions are funded by the city’s property taxes,” said executive director of Taxpayers United of America, Jared Labell. “Taxpayers face the stark prospect of paying higher property taxes and increasingly exorbitant pension costs for more than ten thousand pensioners and lawsuit settlements, or even worse, they’re also a victim in one of these police misconduct cases.”
Chicago’s taxpayers are dealing with the second of four annual property tax hikes enacted as part of Mayor Rahm Emanuel and the Chicago City Council’s historic $588 million property tax increase last fall, nearly a quarter of which goes to fund CPD retiree pensions. Property tax bills are increasing on average by thirteen percent more than last year, and by 2020, the property tax increases will cost Chicago taxpayers nearly $3 billion in total.
Gov. Rauner (R) vetoed Senate President John Cullerton’s (D)  SB 777 earlier this year, a bill that reduced the city’s required pension payments by roughly $1 billion over the next five years, but prolonged the timeline from 2040 to 2055 for reaching a 90 percent funding ratio. Rauner was right to veto the legislation because of the billions of dollars in tax increases it would lead to in the future.
The Illinois General Assembly overrode Gov. Rauner’s veto and the bill became law, Public Act 99-0506, promising to increase forced taxpayer payments to the Policemen’s Annuity and Benefit Fund of Chicago (PABFC) by approximately $18.6 billion.
“However, even that funding ratio is insufficient for long-term solvency, if politicians can simply change the laws when they implement disastrous policies, like Get Out of Jail Free cards in Monopoly,” said Labell.
“The PABFC paid out more than $668 million in benefits in 2015, according to the most recent financial report and data obtained through Freedom of Information Act requests. Benefits are projected to hit and remain above $1 billion by 2026 and through 2055,” said Labell. “Thirty years of assumptions are dubious at best, considering some of the startling figures PABFC willingly admits to in its own financial statements.”
For fiscal year 2015, employer contributions – Chicago property tax dollars – totaled more than $572.8 million, while employees only paid around $107.6 million into their own retirements. Taxpayers are forced to contribute $5.32 for every dollar employees contribute to their own pensions, or 532%. The fund boasts a sorry funding ratio of less than 26% and net pension liabilities around $8.9 billion.
WirePoints Illinois’ Mark Glennon has reported time and again about why these numbers and accounting standards should be doubted, wisely concluding, “Accountants hired by governmental units with pensions need to get on the reform train, too. Ultimately, their primary job is supposed to be producing financial statements that fairly present the financial condition of the governmental units they report on. They’re not doing it. Blame that profession for helping cover up a $5 trillion national financial crisis that’s gradually destroying hundreds of governments across the country.”
“There are roughly 13,000 CPD retirees at present, compared to twelve thousand active members, so there are around one thousand more retirees collecting pensions than contributing currently,” said Labell. “And active members are barely paying into their own retirements. These government pensions alone are unsustainable, but if taxpayers realized how much of their hard-earned dollars are lost to settlements for police misconduct lawsuits, Chicago’s residents might consider a tax revolt.”
One issue at the center of these cases is qualified immunity, which Cornell University Law School’s Legal Information Institute explains, “balances two important interests—the need to hold public officials accountable when they exercise power irresponsibly and the need to shield officials from harassment, distraction, and liability when they perform their duties reasonably.” However, “qualified immunity is not immunity from having to pay money damages, but rather immunity from having to go through the costs of a trial at all…Qualified immunity only applies to suits against government officials as individuals, not suits against the government for damages caused by the officials’ actions. Although qualified immunity frequently appears in cases involving police officers, it also applies to most other executive branch officials.”
According to the Chicago Reporter, six-hundred and fifty-five lawsuits filed between 2012 and 2015 resulted in Chicago taxpayers paying $210 million in settlements for cases of police misconduct, exceeding the CPD budget by almost $200 million. Chicago borrowed money with long-term bonds to pay settlement costs, but the interest payments will more than double taxpayers’ costs for settling police misconduct cases. In 2014 alone, Chicago spent $67 million in settlements and fees for lawyers. The median settlement is $36,000, and on average, CPD settles a lawsuit against the department almost every other day. 86% of cases stemming from false arrests, illegal searches and seizures, and excessive force complaints result in settlements.
For example, there’s the story of Thaddeus Jimenez and his settlement for $25 million against the City of Chicago because of police detective Jerome Bogucki, who retired in late 2006 and still receives an annual pension of more than $76,000. “Falsely accused of the 1993 murder of Eric Morro, Jimenez had nothing to do with the murder and was home with his family playing videogames and doing homework when Morro, 19, was shot to death. There was no physical evidence connecting Jimenez to the murder; Jimenez consistently maintained his innocence; and someone else confessed to the crime. Students from the Center on Wrongful Convictions later helped convince the Cook County State’s Attorney’s Office to reopen the case and conducted a two-year review leading to a motion to vacate the conviction of Jimenez and his eventual release from state prison at the age of 30.”
“Jimenez sued the City of Chicago and former Chicago police detective Jerome Bogucki for violating his rights in connection with the wrongful conviction. In January 2012, a federal jury awarded Jimenez $25 million, possibly the largest award from wrongful conviction in the city’s history.”
“Alleging errors in jury selection and during trial, Bogucki and the City are seeking a new trial even though Bogucki acknowledged prior to the start of the punitive damage phase at trial that the verdict was “correct in every way.” After receiving that acknowledgement and Bogucki’s sworn testimony that he violated Jimenez’s constitutional rights, U.S. District Court Judge Matthew F. Kennelly canceled the punitive damages trial and entered judgment on the jury’s $25 million verdict. Bogucki and the City then appealed. A motion by Bogucki to keep his admission out of the appellate record has been rejected.”
Former Police Superintendents Philip Cline and Terry Hillard, the top two pensioners for the PABFC, were both named in four police misconduct lawsuits that cost Chicago taxpayers more than $12 million and $22 million, respectively. Cline continues to collect an annual pension of $167,013 and Hillard collects $158,143 annually.
“The solution might be elusive at the moment,” said Labell. “Government officials, from Mayors to cops and their police unions, regularly interfere with reform measures, like civilian review boards, due to perverse incentive structures that reward bureaucrats who evade justice. Tim Lynch, director of the Cato Institute’s Project on Criminal Justice, noted recently:
‘Another way power brokers have undermined the boards has been by depriving them of the funds needed to do their work properly. Without investigators and staff to dig into citizen complaints, backlogs occur. What’s more, some jurisdictions have rules in place that say if the board does not sustain a complaint within a year, the case must be dismissed. Thus, many complaints are tossed away, not because they were unfounded, but only because the board did not sustain the complaint fast enough. Chicago Mayor Rahm Emanuel had to allay funding concerns recently with his reform package. Emanuel agreed to a minimum guaranteed funding level for his newly proposed Civilian Office of Police Accountability. It remains unclear how a political compromise this year can bind Chicago mayors and council members.’”
Mayor Rahm Emanuel’s plan to grow the Chicago Police Department with thousands of new police officers over the next two years will also be disastrous for taxpayers, especially when considering the already dire pension situation, as analyzed by Cecilia Reyes of the Chicago Tribune earlier this month:
“A Tribune analysis of police pension fund data shows a large number of officers eligible for sweetened retirement benefits, an incentive known as “55 and out,” as part of their contract, which expires in June 30, 2017.
There are 569 officers who have served for at least 26 years, the average time for retirees between 2011 and 2015, and are at least 55 years old. Officers 55 or older qualify for extended health care benefits, extending coverage, paid for by the department, until an officer is eligible for Medicare.
There are 3,840 officers who have served for at least 20 years, at which point, pension benefits grow by about $2,000 each month, the pension fund estimates. Of eligible officers, 2,592 officers are older than 50, when their pensions start to be paid.”
“The taxpayers of Chicago do not need to trade their liberty for security, nor trade their property taxes for a costly government police monopoly,” said Labell. “And honestly, CPD is not the gold standard in maintaining peace or stability. Just have a look at the police misconduct records and their own financial statements. CPD is a bastion of insecurity.”
Click here to view annual pensions for the Policemen’s Annuity and Benefit Fund of Chicago.

“Safe Roads” Amendment Unsafe for Illinois Taxpayers

View as PDF
Chicago – “Safe Roads Amendment” sounds so good. Who could possibly vote against it? However, the measure would be more aptly named, “Safe Revenue for Contractors and Unions” or “The Tax Increase Amendment,” stated Jim Tobin.
“Proponents of the amendment see this as a way to increase taxes to benefit their cronies. Former Illinois legislator and union crony, Jim Reilly openly states that this amendment will make it easier to raise taxes!”
“This amendment would also provide yet another constitutionally protected siphoning of taxpayer wealth for the benefit of special interests — the special interests that continually contribute funds to reelect the very legislators who seemingly can’t be trusted to spend tax dollars appropriately,” added the Taxpayers United of America president.
“Union bosses and contractors are drooling at the thought of a steady revenue stream protected by the Constitution. I can see driving across beautiful roads while the rest of the state is falling in ruin around us. Without an emergency release of this designation of taxes, funds could never be used where a greater need may exist.”
“A better solution would be to fire the lawmakers you don’t trust by voting them out of office.
The purpose of the Constitution is not to protect select groups of individuals, like the government employees and their pensions, but to protect the taxpayers from out-of-control government.”
“I strongly urge Illinois taxpayers to recognize this amendment for what it is: cronyism in its worst form, approved by the many to benefit a few, through additional tax increases, and packaged as a taxpayer benefit. On November 8, Vote “NO” on the proposed Tax Increase Amendment.”
“Fire about 80% of the incumbent lawmakers and hire people you trust to spend our money more wisely, lawmakers that will put seriously helpful amendments on the ballot,” urged Tobin.
“Illinois’ finances are among the worst in the country largely due to government-employee pensions. Where is the amendment that would protect taxpayers from this inevitable catastrophe? Where is the amendment that would limit the terms of the General Assembly, thereby limiting their power and indebtedness to special interests? Where is the amendment that prevents politically motivated district maps or gerrymandering?”
“Illinois has real financial problems and this amendment will not help, but instead will drive us further into financial ruin,” concluded Tobin.