The End Of A Peaceful World Order?

Posted: February 19, 2024 | Author: | Filed under: Uncategorized | Tags: , , , , , , , , , | 1 Comment

“No, I would not protect you. In fact, I would encourage them to do whatever the hell they want. You gotta pay. You gotta pay your bills.”

— Donald J. Trump at a campaign rally in Conway, South Carolina referring to another member of NATO threatened by a hypothetical Russian attack.

In recent days there have been both unserious and serious attacks on the stability of our national security policies and the international norms that have helped to stabilize the world order for nearly 75 years. The unserious attack is the foolishness surrounding the Republican majority in the House of Representatives impeachment (by one vote, on their second try) of Secretary of Homeland Security Alejandro Mayorkas. According to the Articles of Impeachment Secretary Mayorkas “willfully and systematically failed to comply with immigration laws” and therefore “demonstrated that he will remain a threat to national and border security.” Three House Republicans voted against the impeachment and numerous prominent Senate Republicans considered the entire process to be a sham, including Senator Kevin Kramer (ND), a Trump ally, who called it “the worst, dumbest exercise and waste of time.” The House has passed nearly nothing else of significance during this session and recessed for a two week vacation after the impeachment vote without taking up important and substantive bills regarding our national security. By all objective accounts, this was purely a political stunt to satisfy the radical extremists in the Republican Party and to assuage Trump. Secretary Mayorkas will almost certainly be acquitted in the Senate, if they even hold a trial. (They may refer it to committee for investigation and never have it come forward.)

The serious attack is courtesy of Trump and his MAGA acolytes in the House. During his first term, Trump continually threatened to leave NATO. He is reported to have told the president of the European Commission in 2020 that “NATO is dead” and that the U.S. would “never” come to help Europe were it under attack. He reiterated his 2018 threat to quit NATO. His remarks in South Carolina continue to reflect his disdain for treaties and alliances as well as his ignorance on how they work.

Perhaps a little background will help. As we know, NATO was formed in 1949 to counter the threat to Europe from the Soviet Union. The original twelve members consisted of European and North American countries resolved to stop Soviet expansion in Europe. Today it consists of 31 countries — soon to be 32 when Sweden joins this year — allied in a mutual defense pact. NATO has taken on political and economic roles over the decades, in addition to its core as a military alliance. Despite the MAGA and Trump criticisms that many NATO countries do not pay their “dues,” NATO is not a club and the members do not pay dues. There are some cost sharing administrative expenses and enrichment funds but the reality — and what the MAGA crowd is talking about — is that each country pledged to spend at least 2% of its Gross Domestic Product (GDP) on its own defense. Throughout its existence, not all nations met that obligation. Several past presidents pushed European nations to meet that goal. In 2014 under President Obama the organization agreed that countries not spending 2% of GDP would start increasing their defense budgets. Today, 18 nations meet or exceed (by the end of the year) the 2% goal. We must also be realistic about which countries can meet the requirement. Countries such as Luxembourg and Iceland with small populations and small defense forces are unlikely to ever meet that goal. It helps to know what you are talking about.

NATO is not some kind of protection racket where you “gotta” pay the U.S. or we won’t help you. “Nice little country you’ve got there. It would be a shame if something happened to it.”

The heart and soul of NATO is found in Article Five of the North Atlantic Treaty. The article requires every member of NATO to come to the aid of any other member subjected to an armed attack. Article Five has been invoked only once, by the U.S. after the attacks of 11 September 2001. Significant numbers of forces were deployed by eighteen NATO countries under NATO command in the International Security Assistance Force (ISAF) in Afghanistan. Several countries suffered killed and wounded in combat. They were there for us when we needed them. Without Article Five, the alliance has no teeth and becomes worthless. This is the heart of Trump’s declaration that he won’t help our allies if attacked.

This time, he took it a step further.

Trump went beyond his threat to standby and watch when other countries were attacked. He openly encouraged the Russian dictator Vladimir Putin to “do whatever the hell they want.” He invited Russia to attack a NATO ally. As a long time student of national security affairs, and in my career I worked these issues, I never could have imagined that a President of the United States would invite a foreign dictator to attack a democratic ally. Inconceivable. Yet, I have every reason to believe that he means it.

Some Republicans in the Congress are confident that he does not mean it, or at least that’s what they tell themselves. I am not sure why they say that, but here is the practical truth of it. In 2023 the National Defense Authorization Act included a provision that a president cannot withdraw from NATO without approval from the Senate or an Act of Congress. An elegant solution, heh? Not really. Trump, or someone like him, would not have to actually withdraw from NATO. As Commander-in-Chief he would only have to decide that the U.S. will not send or use military forces in support of the attacked country. The provision is only a feel good exercise with no practical aspect to it. I have no doubt that Trump could care less what a provision in the NDA says.

Moving beyond the promised future actions of a presidential candidate, there are practical ramifications right now. Besides signaling to Putin, Xi and Kim that they only have to wait out the current administration and hope for a Trump victory to do what they want, Trump’s MAGA supporters in the House are holding up aid to Ukraine, Taiwan, Israel and humanitarian relief in Gaza because he told them to do so. They bend their knee to Trump and he in turn bends his knee to Putin. Ukraine is suffering terrible losses. No one that knows what they are talking about thinks that Putin will stop in Ukraine. If Kyiv falls, others, primarily Poland and the Baltic States, will be in his sights. Without NATO to deter him, Putin will act. To him, the greatest tragedy of the 20th century was the break up of the USSR. He clearly espouses his desire to reconstitute it. The only thing in his way is NATO. And let’s be clear, many European nations have professional, effective, tough-as-nails military forces. But they would be no match for the Russians. Not because of their fighting ability — we have seen in Ukraine that the Russian Army and Navy are not the unbeatable foes they were made out to be — but because Russia is a large country with lots of people and resources to throw into the breach. They would eventually win by attrition as Napoleon and Hitler learned the hard way. This is what is happening in Ukraine. The Ukrainians have proven over the last two years that they are a formidable foe. But without NATO support — including from the U.S. — they will be attrited and defeated. Russia has already committed terrible atrocities against Ukrainian civilians. Putin is a convicted war criminal. Imagine the death and destruction when he unleashes his forces to wreak retribution against those that dared oppose him in an occupied Ukraine.

Speaker Mike Johnson (MAGA-LA) is an extraordinarily weak Speaker of the House who was thrown into a job he is ill-prepared to fill. Mr. Johnson takes his orders from Trump and Trump does not want to support Ukraine. He is a fanboy of Putin (one wonders why he prefers Putin over his own country, but that is a topic for another day). The Senate passed a bipartisan bill providing the desperately needed aid. The Speaker refuses to bring it to the House floor, even though all knowledgeable participants are convinced that it would pass on a bipartisan basis. Mr. Johnson claims we need to secure our border before providing aid to others, even as he refuses to bring a bill to the floor that was considered the best improvement to border security and immigration rules in decades. The hypocrisy is off the charts. Unfortunately, there is no shame anymore in the MAGA Republican Party, only loyalty to Trump.

Look. Let’s lay it on the line. Biden vs Trump is a referendum on the future of democracy in the United States and our future role in a rules based international society. Trump’s “America First” motto was originally the motto of the isolationists and Nazi supporters in the U.S. prior to World War II. Just like today, there were massive rallies, in the 1930s it was to promote fascism. In the U.S., German supporters formed the German American Bund as a cover to promote policies favorable to Nazi Germany. Tens of thousands of Americans joined. There were about 20 youth training camps to raise future fascists. In 1939 the organization held a rally in Madison Square Garden where over 20,000 people gathered to denounce “Jewish conspiracies” fomented by President Franklin Roosevelt and to support Nazi Germany. There are too many similarities to today for me to think that Trump is bluffing or just playing to the crowd. He means what he says.

Hitler vowed to invade Czechoslovakia in 1938. Desperate to avoid another world war, British Prime Minister Neville Chamberlain met in Munich with Hitler, Benito Mussolini, and French president Edouard Daladier and agreed to the fascist’s demands. He declared that he achieved “peace for our time.” He hoped that Hitler would be satisfied. We know the rest of that story. If we give in to Putin in Ukraine, we know the rest of this story as well.

Party Over Country

Posted: February 8, 2024 | Author: | Filed under: Uncategorized | Tags: , , , , , , , | Leave a comment

“…former President Trump has become citizen Trump…”

–U.S. Court of Appeals for the DC circuit ruling rejecting Trump’s presidential immunity claim

Although the Court of Appeals categorically denied Trump’s claims of “absolute immunity” as a former president, a decision expected to be appealed to the Supreme Court, he continues to act as if he is above the law and continues to try and destroy our country for his own political and monetary gain. His latest power play is the trashing of a significant bipartisan bill put together by Senate, White House and Department of Homeland Security (DHS) negotiators that provides much needed immigration reforms, beefs up security on our southern border and sends crucial aid to Ukraine, Israel, Taiwan and humanitarian assistance in war torn parts of the world. 

The 118 billion dollar Emergency National Security Supplemental Appropriations Act, primarily negotiated by Senators James Lankford (R-OK), Chris Murphy (D-CONN) and Kyrsten Sinema (I-AZ), was touted as the best border security bill to come out of Congress in decades. It died a shameful death in just over 24 hours. Here is what that means.

In October 2023 President Joe Biden asked for supplemental appropriations to assist Ukraine in its existential war with Russia and to bolster Israel in their war with Hamas and to help Taiwan defend against Chinese aggression. The Republican Speaker of the House Mike Johnson (MAGA-LA) flatly refused to consider any aid overseas without first taking meaningful steps to secure the border. Multiple Senate Republicans joined in to express their support for reforms on the border before acting on the request to aid Ukraine and the others. President Biden agreed and the Senate went to work to hammer out a bipartisan deal. After four months of nearly continuous work, and despite multiple attempts by MAGA supporters to undermine the act without even knowing what was in it, the negotiators unveiled the finished supplemental on Sunday night this week. Before it was fully read and digested, the leadership of the House declared it “DEAD on arrival in the House.” (The caps were in their actual statement. Hmmm. Someone else deals in all caps.) As Senator Murphy lamented, on Sunday night there were 20-25 Republican Senators that said they would support it and vote for it. By Monday night there were only four. What happened?

Trump happened.

Trump put out the word that anyone that voted for the supplemental act would be the target of his retribution. As a result, there was no vote in the House and a procedural vote in the Senate to move to debate over the bill failed. Before Monday night, a notable number of Senators from both parties considered this bill to be the best chance to enhance border security in decades. And then it was gone. Along with aid to Ukraine, a country desperate for supplies to counter the Russian invasion. There were no profiles in courage this week. To underscore the magnitude of the reversal, Republicans got nearly everything that they could hope for in a border bill. Frankly, I believe that they were shocked by how much they got. In past negotiations, Democrats had demanded a path to citizenship for Dreamers and others, but not in this bill. The Democrats agreed that there was a crisis on the border and were looking for concrete measures to improve the system. Additionally, many of the Democrats were focused on our commitments to our friends and allies in Europe and around the world believing that aid to counter Russia and China was paramount. They were willing to deal. 

Republicans could not take yes for an answer.

Why would Trump kill it? For several reasons. First, he does not really want to solve the crisis on the border. In many ways, it his identity as a demagogue and provides the fodder to rant and rave about the “others” “invading” our country. If the crisis is solved or even alleviated, he has nothing to run on. By arguing that he can get a better deal when he is president (he can’t — as proven by four years of his presidency) he can continue to argue that the country is being overrun and that it is the Democrats’ fault. Recall the other debacle that took place Tuesday night when the House tried to impeach Secretary of Homeland Defense Alejandro Mayorkas and failed. (They will keep trying until they succeed.) There was no Constitutional basis to do so. It was merely political theater to try and agitate about the border crisis. The very border crisis that they refuse to do anything about. Clearly, the MAGA Republicans and those too afraid to resist them are putting party over country. More specifically, they are putting one man over the needs of our nation. As the Circuit Court identified him, he is citizen Trump. He has no legal or moral authority to dictate anything to the Congress of the United States.

This leads to the other reasons why citizen Trump torpedoed the bipartisan bill. He did it to show that he can. This may be the most dangerous of all the reasons. He demonstrated that in or out of office, he controls the Republicans in the Congress and as a result, given that the Republicans have a majority in the House and very little can get accomplished in the Senate without a filibuster proof majority of Senators, he dictates what gets accomplished in the Congress by vetoing any progress. Trump is laying the groundwork for his autocratic rule in the future. 

Likewise, Trump is pro-Putin, pro-Xi and he sends love letters to Kim in North Korea. Aid to Ukraine would run counter to his support for Putin and Russia. Many of his MAGA supporters are likewise enamored of Putin and other “strong men” around the world. ”America First” means withdrawing from NATO and other alliances around the world. Trump is demonstrating to the world that the U.S. cannot be counted upon to meet its commitments and will turn away from our friends in need. Like it or not, without U.S. leadership, the forces of evil in the world have an ever increasing chance of prevailing. The Russian invasion of Ukraine is a prime example. It is a “pay me now or pay me later” proposition. Should Russia prevail in Ukraine, other nations are next on the list. But do not take my word for it, take a look at Finland and Sweden. Both nations rebuffed offers to join NATO for nearly 75 years. They know Russia. Since the invasion of Ukraine, Finland joined NATO and Sweden is in the process of doing so. They recognize the danger from an expansionist Russia. 

Add to the picture that Trump is pushing his acolytes to remove Senator Mitch McConnell (R-KY) from his leadership position in the Senate. Why? Because he deigned to work with Democrats on bipartisan bills. Trump is also pushing to remove Ronna McDaniel the current head of the Republican National Committee (RNC) because even though she has let Trump do pretty much whatever he wants, she is now considered not MAGA enough. Trump wants a puppet as the RNC chair so that he has absolute control over the political levers of the party. Additionally, he is already using his “rigged election” mantra in Indiana claiming that Nikki Haley, his only remaining opponent for the presidential nomination, is illegally on the primary ballot there. He wants her removed and if she is not, then obviously “they” are trying to steal the election. 

Put all of these pieces together and one can discern that citizen Trump, with no actual role in government, is building the will and the political infrastructure to do as he pleases in our country. His efforts are insidious but ever present. 

We are in for a bumpy and dangerous year.

Dysfunction or Destruction (Continued)

Posted: January 31, 2024 | Author: | Filed under: Uncategorized | Tags: , , , , , , , , , , | Leave a comment

Since the Republican majority in the House of Representatives took office last January, I have pondered in this space as to whether the new majority was totally dysfunctional or totally determined to destroy our country and our democracy. Without painting everyone in the Republican party with the same broad brush, it is increasingly apparent that while the House is dysfunctional under MAGA Republican leadership, it is also bent on destroying the institutions and norms our government established and refined over the last 235 years. Taking one seemingly singular policy — immigration — it is possible to see how the MAGA crowd combines multiple issues into one large untidy package and brings the wheels of government to a grinding halt.

I will explain further in the following paragraphs, but through a supposed concern over our southern border, the MAGA Republicans controlling the House of Representatives have impacted our relations with NATO and other friends and allies; disrupted desperately needed aid to Ukraine, Israel, Gaza, Taiwan and our own border; initiated impeachment proceedings against a cabinet official; threatened the ability of the Supreme Court to interpret our laws; created the conditions for a state to physically impede federal officials from following the law; and elevated an out of government civilian to become the controlling entity on national policy. The implications for our country are too deep and disturbing to be merely the result of incompetence or dysfunction, although that certainly exists. It can only be attributed to a deliberate attempt to destroy our institutions in order to bring an autocrat to power.

Last October President Joe Biden asked Congress for 105 billion dollars for aid to Ukraine ($61.4 billion), Israel ($14,3 billion), and the southern border ($14 billion) and smaller amounts for Taiwan and humanitarian assistance in the Middle East. Republicans in the House and Senate immediately voiced their concerns over the request and it went nowhere. By the end of the year, Republicans were tying the money to policy reforms impacting our southern border. The president agreed to negotiate changes and invited the leadership of both parties in Congress to the White House to get the process started before the end of the year. Speaker of the House Mike Johnson (MAGA – LA) refused to participate in any solutions that did not meet all of the (mostly impractical) demands of his caucus. In the Senate, both parties, along with Secretary of Homeland Security Alejandro Mayorkas and key White House aids entered into intense negotiations. All parties involved agree that there is a crisis on the southern border and that significant steps must be taken to alleviate the situation. Compromises came from both sides, and although the final product is not yet public, many Republican Senators publicly applauded the deal, as did most Democrat Senators and the president. South Carolina Senator Lindsey Graham declared that it was the best immigration deal in decades. The legislation seems to be moving to a vote in the Senate in the coming weeks. Money for Israel — great! Money for Ukraine — great! More money to hire significantly more Customs Border Protection (CBP) agents, asylum judges, and facilities to house migrants on the southern border — great! Unicorns and rainbows and meaningful accomplishments! Except for one thing.

Speaker Johnson (also known as “MAGA Mike”) refuses to entertain any of it. Why? Because his boss, an out of office civilian pending criminal prosecution, told him to kill it. Trump has very few, if any, issues in his retribution campaign for the presidency. The only policy issue he touts to date is immigration. He deplores the current policies and claims that we have an “open border.” He uses dystopian rhetoric and xenophobia to paint the crisis on the border as an existential threat to our security and yet, no deal. He wants to run on the issue and cannot do so if it is resolved. He does not want to give a “win” to the Democrats (even though the Republicans publicly declare that they got almost everything they want) and so the country must endure another year of crisis until he is in office. A great patriot. 

Meanwhile, no money for Ukraine. No money for Israel. No money for additional resources on the border. The MAGA Republicans’ total support of Trump includes his desire to withhold money for Ukraine. The pro-Putin wing of the party would like to see Ukraine fail. This is not a domestic issue. By preventing the United States from fulfilling its commitments to NATO, Ukraine and our friends and other allies around the world, we are sending a very clear message to the world that no country should depend on the United States for anything. This plays perfectly into the hands of Putin, Xi, Kim and the mullahs in Iran. If the United States does not stand fully with Ukraine, it is a safe bet that Xi will not expect us to stay the course with Taiwan. We will be finished as a reliable partner and supporter of democracy. The lesson for the world is that democracy does not work. Too chaotic. Too unreliable. Too dysfunctional to accomplish anything meaningful. 

Meanwhile, at the same time that Secretary Majorkas is working with the Senate to find a solution to the border crisis, he is about to be impeached by the House. No “high crimes or misdemeanors,” just that they do not like the administration’s policies. Constitutional scholars of all stripes agree that there is no basis under the Constitution or the law for such an impeachment. Only one cabinet officer in our history has been impeached and that was nearly 150 years ago. (For those curious, it was Secretary of War William Belknap in 1876 for blatant corruption. Although a majority voted to convict him in the Senate, it did not reach the required two-thirds threshold. He had already resigned.) This is just another blatant political MAGA stunt taken at Trump’s direction in order to make his two impeachments look less terrible and to further hurt our country. The Secretary is likely to be acquitted in the Senate — if they even hold a trial which is not required – but if he is removed from office, the president will appoint another person to carry out the same policies. The entire thing is blatantly ridiculous and is underway only to appease one man.

As if this were not enough, the MAGA governor of Texas, Greg Abbott is defying a Supreme Court order concerning the placement of razor wire along the border that restricts and in some cases prevents the federal CBP from doing their job. Under the Constitution, the United States has jurisdiction over immigration and the borders, not Texas. The MAGA rhetoric surrounding the issue is reminiscent of that from southern states in the 1850s. ”States’ rights” is again the issue. Governor Abbot is using the Texas National Guard to “defend” the border and to prevent the federal agents from doing their jobs. Other MAGA governors are promising to send Guard units to Texas to help them defend their “sovereignty” and Governor Abbott’s claims that “the fight is not over” and that Texas has a right to “self defense.” By that he means that state laws and policies have priority over federal law, in direct conflict with the supremacy clause of the Constitution. Great MAGA minds such as Representative Thomas Massie (KY) promote over riding the Supreme Court decision by eliminating President Biden’s border funds. In other words, he advocates solving the border crisis by defunding the DHS. Brilliant! The next steps by the governor or the president are unclear as I write, but it could easily escalate into another self-generated crisis. What is clear is that MAGA politicians are willing to go against the Constitution in order to support Trump and his ambitions. A bad sign for our future.

Taken as a whole, the House of Representatives and certain state houses around the country see that their goal is to create chaos and disruption in order to bring down our established norms and institutions in the name of one man. There are multiple severe domestic and international threats to our national security as a result. Dysfunction may be MAGA’s middle name, but such a wide spread and concerted effort can only be explained when we realize that the real point is the destruction of our norms in order to elevate an autocrat to power. 

Assassinations Are Okay

Posted: January 13, 2024 | Author: | Filed under: Uncategorized | Tags: , , , , , , , | Leave a comment

It is easy to get caught up in all of the vile, dangerous and non-sensical pronouncements of Donald J. Trump (he recently said that Abraham Lincoln should have negotiated with the South and thereby prevented the Civil War — and if he had done so, “you probably wouldn’t even know who Abraham Lincoln was.”) The problem is that if we ignore it, or just laugh it away, we run the danger of normalizing his behavior. On the other hand, the more we talk about it, the more he does it. I am sick of the guy and wish we could focus on defining our nation’s course going forward, rather than dealing with him. Unfortunately, the reality is that he is here to stay, whether or not he gets a second term.

Sometimes, we really need to pay attention. One of those times occurred this week and it was not Trump speaking but rather his knowledgeable and experienced attorneys making what they felt was a reasoned and Constitutional argument in the U.S. Court of Appeals for the District of Columbia. A three judge panel is hearing Trump’s appeal of a lower court decision that he does not have total immunity from prosecution for any actions that he took as president. His lawyers claim that any president has total immunity as evidenced by over 200 years of our history where no president has ever been criminally tried for actions taken while president. Which is true. Mainly because no previous president committed crimes while in office. (The relevant exception is Richard M. Nixon. He accepted a pardon which is considered an admission of guilt.)

Without getting too far down into the inner workings of the law, especially since I am not an expert, my understanding is that Trump’s attorneys are arguing that under the Constitution, a president must be impeached by the House and convicted by the Senate before he or she can be prosecuted for a crime. They base their argument on Article I, Section 3, Clause 7 of the Constitution which says:

“Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.“

In other words, they argue, no conviction in the Senate, no prosecution for a crime. Which turns the established interpretation of the clause upside down and opens up a whole can of worms over hypothetical situations where the president can literally get away with murder. The Court of Appeals and Trump’s lawyers went there.

Judge Florence Y. Pan asked Trump’s lead attorney Mr. D. John Sauer if any president could be charged for ordering SEAL Team Six (the Navy’s elite special forces unit) to assassinate a political rival. The reply by Mr. Sauer was that a president could only be tried if the House impeached him and the Senate convicted him. Without those preconditions, there was no possibility under the Constitution to prosecute him. 

This was no wild claim made during a Trump rambling campaign speech in front of his adoring followers. This was the legal argument in the U.S. Court of Appeals.

The hypotheticals cascade from there. The president could murder anyone and resign before being impeached. The president could murder a rival and then have his non-supporters in the Senate killed before he was convicted. The mind can run loose on any number of scenarios. Mr. Sauer argued that a president was immune from prosecution for all of that unless impeached and convicted in the Congress.

This is what we have reaped for putting Trump center stage.

I have no idea whether Trump or any other president would try to eliminate all political opposition through murder. What it does tell me is that should the court decide that a president is immune from prosecution for any actions while president, then Trump will use that finding to his full advantage. He will undertake all kinds of previously unimaginable activities as president if he thinks it will help him to get whatever he wants and he cannot be held accountable. 

To be clear, there are some complications to finding that a president can be prosecuted for any action taken while president. In Trump’s mind that means he can prosecute Presidents Obama and Biden should he so desire for any action of theirs that he decides was “criminal.” The Appeals Court (and likely the Supreme Court where the case could go next) will have to figure out a way to define or limit the parameters for prosecution. We must all remember as well that presidents do not prosecute people. The citizens of the United States prosecute people. Grand juries indict people. A jury of our peers hears cases involving the alleged crimes and must reach a unanimous guilty verdict. Laws must be followed. Yet, it is clear by Trump’s arguments that he thinks he is above the law and I, for one, have no doubt that should he get into the White House again, he will ignore any limits that may have constrained his predecessors.

When we worry that we spend too much time, energy and resources on thinking about Trump, remember that he thinks assassinations are okay.

Cowardly Copouts

Posted: February 15, 2021 | Author: | Filed under: Uncategorized | Tags: , , , , , | 2 Comments

As we well know now, the Impeachment Trial for Donald J. Trump ended on Saturday with 57 votes to convict and 43 votes to acquit. Since 67 votes (a two-thirds majority) were required to convict him, Trump is not held accountable for his actions in fomenting an insurrection culminating in an attack on the Capitol building on 6 January, 2021. A shameful day for our country.

My schedule in these days of a pandemic was such that I could watch or at least listen to most of the proceedings. I am not an attorney, but I learned a lot about various interpretations of the Constitution and about legal concepts. Foremost in my education was understanding the term “but for.” In this case, it was clear that but for Trump, there would have been no Big Lie, no campaign to overturn a free and fair election, and no attack on the Capitol. Take Trump out of the equation — say he did not exist or more realistically, was not president or a candidate for president — and there is no attack. Period. It is unimaginable that any other presidential candidate would have provoked the same attempted coup that Trump undertook. Today, I am not so sure that it couldn’t happen again in the future. A smarter, more knowledgeable future losing candidate might be able to pull it off, especially if that candidate is aided and abetted by key election officials and members of the House and Senate.

Most disappointing during the week were the spineless votes cast on the single Article of Impeachment. Of the 43 Republicans that voted “not guilty” I would say that some — those in the Sedition Caucus — would have voted for Trump regardless of anything that he did. They voted to acquit not from fear, not from an appreciation of his policies, but rather for pure personal power reasons. Their sworn oaths of office are just words to them, not a solemn promise that protects our country. I would put six or seven of the Republican Senators in this category. The others mostly voted to acquit, in my opinion, out of fear. Some out of political fear that they might lose their job, some out of personal fear given the nature of the domestic terrorist threat that saturates Trump’s supporters, and some out of fear that their colleagues might criticize them. Some could possibly be found in all of those camps. What was galling was that immediately after the vote, many of the “not guilty” crowd came to the Senate floor to give speeches that point to the fact that they did think that Trump was the inciter-in-chief, but they let him off on a technicality. Pick your copout — as there were several — but the most common was that a former official could not be tried by the Senate. Once out of office, impeachment does not apply.

There are several things wrong with that approach. Foremost, of course, is that Trump was impeached while in office. When the House tried to convey the Article of Impeachment to the Senate, then Majority Leader Mitch McConnell adjourned the Senate so that the Article could not be delivered. It was out of session until the Inauguration. Remember that, because it will come up again. If it is possible for common sense to be a factor, it is logical that a president or other official subject to impeachment under the Constitution cannot commit a “high crime and misdemeanor” and then resign and get out of a conviction. Indeed, there are precedents in our own history where people were tried by the Senate after they left office.

As I understand it from my Constitutional Law 101 course watching the proceedings, the Founding Fathers left the rules and procedures for impeachment and subsequent trial rather vague. In this case, well over 100 Constitutional scholars of all political stripes opined that the Senate sets its own rules for the trial and that most certainly a president can be tried after he leaves office for offenses that took place while in office. Prior to the actual trial, this issue came up. In a bipartisan vote, the Senate voted 56-44 that it was Constitutional to hold the trial. That should have settled the matter and the presumption moving forward should be that the Constitutionality of the trial is not a factor when rendering a verdict. But then, in this day and age, and especially in Trump World, rules do not seem to matter.

The shamelessness of the 43 can best be epitomized by the speech that Senator McConnell gave immediately after the vote. He hung his “not guilty” vote on his claim that the trial was un-Constitutional. He did so by claiming that the House did not deliver the Article of Impeachment in a timely manner. (See above. Hypocrisy, you’ve found a home.) He did so even after the majority of his speech condemned Trump and his actions in great detail and said that “there is no question, none, that President Trump is practically and morally responsible for provoking the events of the day.” Whaaat? It appears the Mr. McConnell may have wanted to vote to convict. He probably would have brought more Republican Senators along with him by voting to convict, possibly even reaching the 67 vote threshold. But he would not have been with the majority in his own party and thus would not be the Republican Leader. His decision to acquit was a pure personal power move. He likes being his party’s leader. There were only a few profiles in courage that day.

What are the takeaways from this episode? I have a few that I discerned from the proceedings.

  • There are no impeachable offenses. Two precedents have been set with Trump. You can try and get a foreign power to intervene in our elections and not be held accountable. Was the Ukraine case too complicated, arcane, or insignificant for you? Okay, how about Obstruction of Congress? Obstruction of Justice? Trump dodged all of those. But attempting to overthrow the government of the United States? That’s not an impeachable offense? If a president attempting a coup is not worthy of a conviction on that charge, then I am hard pressed to think what would be worthy.
  • It is okay to use violence to try and overturn an election. In fact, if you lose and don’t like it you can use any means necessary to over turn it. Bully election officials. Lie. Threaten state officials. Lie. Disenfranchise millions of Americans and nullify their votes. Lie. Ignore election laws. Lie. Send a mob to disrupt the certification of the Electoral College vote. If someone in your administration — say, the Vice President of the United States — doesn’t help you overturn the election then send white supremacists to track him down and hang him. (“Hang Mike Pence. Hang Mike Pence.” I hope all of those loyal Trumpists in the Sedition Caucus took notice of what loyalty gets you with Trump.) Violence is okay if you don’t win the vote and you can do anything you can think of to try and change it.
  • The minority rules. The conservative political observer David Frum wrote a very interesting article in The Atlantic titled “The Founders Were Wrong About Democracy”. In it he argues that the Founding Fathers thought that by setting up the government so that head strong populist charlatans could not hoodwink the American public into wild and self-defeating actions, they would create a stable and enduring republic. They specifically did not want a true democracy because they did not trust the vast unwashed, uneducated, and ill-informed average American (all white men, by the way) to do the right thing. But what we have now is a minority (Republicans) that control nearly every aspect of government by their ability to block actions favored by the majority of the people.
  • The Electoral College exacerbates the problem of minority rule and aids hooligans like Trump in their attempts to thwart the votes of the majority. Trump lost the popular vote by over 3 million ballots in 2016. He got about 46 percent of the vote. As the math shows, that it is less than Al Gore, John Kerry and Mitt Romney got when they lost. There were other even closer elections. Trump did not win in a “landslide.” In 2020 he lost by over 7 million popular votes. In the current era that is a landslide. It is too big of a number to overcome. So where did Trump focus his efforts? He focused on states to try and get them to change their Electoral College votes. Where did he focus his efforts in Congress? On the certification of the Electoral College vote. He was hoping to throw the election into the House of Representatives where, although the Democrats have the majority, the vote would be by state, and the Republicans control the most state delegations. One state one vote. Thus South Dakota gets the same vote as California. We can see that the Electoral College is vulnerable. It is an anachronistic vestige of another time.

It was a near miss. Trump came closer to pulling it off than I think most people realize. Despite the hand-wringing over Trump’s acquittal and the jubilation of the Seditionists and Trumpists (mostly all the same folks), Trump is an injured power broker. He is soon to be engulfed in significant legal challenges that are not ignorable now that he is an ex-president.

For the moment, I rejoice in having a competent president, addressing the nation’s crises. Best of all I don’t have to hear about Twitter attacks, Big Lie rallies, or see a failed showman suck up all the air whenever he shows his face. In fact, I don’t think I’ve seen the face of the twice impeached worse president ever in weeks. And I sleep a lot better at night as a result.

I hope we learn the lessons of these past weeks and months. The system is not perfect. It can be broken. We need to address the issues that were exposed and close the legal loopholes. Forgetting the past and moving forward will not work in this case. Our republic is too important to pretend that it doesn’t need fixing.

Democracy Under Attack

Posted: February 25, 2020 | Author: | Filed under: Uncategorized | Tags: , , , , , | 2 Comments

Following his Impeachment Trial, Mr. Donald J. Trump became predictably vengeful and embarked on a revenge tour.  He is now systematically using the power of the presidency to invoke his personal wrath on anyone that did not faithfully and fully support him — personally — rather than doing their duty and supporting their oath to the Constitution.  The purge will only end when the Trump regime is fully stocked with Trump loyalists, regardless of their ability to handle the job, personal background, or knowledge of anything related to the job.  For the most part, expect it to be the “B Team” — or maybe more like “F Troop.”

Mr. Trump is taking another page out of the Autocracy 101 text book.  We should not be surprised.

Recently, I was referred to an article in the New York Review of Books by Masha Gessen.  Titled Autocracy: Rules for Survival it provides six rules based on living much of her life in autocracies and becoming an expert on Russia’s Vladimir Putin.  Ms. Gessen is much better at explaining herself than I could ever be — it is worth the time to read the original — and her November 2016 article is stunningly prescient in predicting Mr. Trump’s behavior in the years following his election.

In brief, these are the six rules.

  1. Believe the autocrat.  They always tell you exactly what they are going to do.  Mr. Trump exhibits this behavior.  What some consider to be exaggeration, hyperbole or “Trump being Trump” is actually him telling you what he is going to do.  Or at least what he wants to do if he can figure out a way to get away with it.  I first observed this trait in Gulf War I where I was involved in a group tasked with the formulation of a policy and a strategy to get Saddam Hussein out of Kuwait and to restore a semblance of order in the Gulf region.  With study, it became obvious that he was telling the world exactly what he intended to do — or what he would try to do — but you had to peel away the bombastic language to fully understand what he was saying.
  2. Do not be taken in by small signs of normality.  When things seem out of control, the smallest sense of normality tends to soothe people’s concerns.  We all need reassurances.  When things are at their worst, anything that makes it seem as if the situation is temporary and that it will all be okay in the end is a salve that may hide the wound rather than heal it.  What is happening today in our country is not normal.  No one-off State of the Union speech or any other glimmer of normal presidential behavior should mask the fact that 99% of the time our president is out of control.
  3. Institutions will not save you.  American values are based on ideas like a free press, an independent judiciary, Congressional oversight of the Executive Branch and leaders within the government protecting the Constitution for all Americans.  It takes about two seconds to recall that Mr. Trump fires anyone that stands up to him, constantly debases members of the media, attacks judges that do not do want he wants, and always succeeds in getting the formerly Republican members of Congress to acquiesce to his every whim.  Mr. Trump and his regime took a steam roller to the established norms of government and continue to test the limits of the law in every corner of government.  There are no longer any safety barriers keeping the regime within safe boundaries.
  4. Be outraged.  While many of us may no longer be surprised by statements and actions from Mr. Trump, one needs to continue to be shocked.  Do not normalize bad behavior especially when it threatens the fabric of our democracy.  Be prepared for ridicule when continuing to call out such awful behavior while others continue with their mantra that it is just Trump being Trump.  As he himself calls it when belittling those that critique him, be prepared for accusations of suffering from Trump Derangement Syndrome.  Be prepared for unpleasant attacks from his most ardent supporters.  Do not back off.
  5. Don’t make compromises.  So many former Republicans, especially in the Senate, predicted that Mr. Trump as president would be the worst thing that ever happened to our country.  After three years of his presidency they are now his most loyal and fervent supporters.  Their support is not necessarily a re-evaluation of his competency or ability or vision, but rather it is a compromise of their own values in order to retain power.  Mr. Trump is no different than the person they ardently decried during the campaign.  Those around him have changed.
  6. Remember the future.  Mr. Trump, his regime, and Trumpism cannot last forever.  Look to reform our institutions in order to restore the foundations of our democracy.  Put into law what we as a country previously took to be accepted norms of behavior that our leaders would honor.  Work to project a new vision for our country that is inclusive and that addresses the problems that Mr. Trump was able to cynically manipulate for his own purposes.  Stay in the game.

In the every day course of our own lives it is possible to lose sight of the big picture attack on our democracy.  It’s hard.  Frankly, it’s exhausting.  It is easy to lose oneself in areas outside of politics because it is just so relentlessly Trump.  Every gosh darn day there is some new Tweet or speech or rally that saps all of the energy from one’s soul when it is clear that he has no idea what he is talking about.  Nearly 17,000 documented and provable lies during his presidency numbs the soul and becomes normalized.

And that is the plan.

Autocracy thrives on indifference or exhaustion or just turning it over to the regime and letting them take care of it all as long as my day-to-day life is not impacted.  Mr. Trump and his regime are interested only in themselves and in the amassing of personal power.  Period.  Anything else is a sales pitch presented in the moment to get a cheer or to attack an opponent or to appear to care.  Remember that fundamentally, they don’t care about you or me or the rule of law.  Only themselves.

It is up to us as citizens to stay vigilant and to call out the fouls when we see them.

 

Frightening

Posted: February 14, 2020 | Author: | Filed under: Uncategorized | Tags: , , , , , , , , | Leave a comment

“I believe that the president has learned from this case.  The president has been impeached — that’s a pretty big lesson.”   — Senator Susan Collins (Tr-Maine)

Multiple Senators opined in a similar way that Mr. Trump learned his lesson as to the seriousness of his actions concerning Ukraine and that he would be more reserved and conventional in his approach to governing in the future.

Ha!

When asked by a reporter about Senator Collins’ statement, specifically, what lessons he’s learned from the impeachment, Mr. Trump responded:

“That the Democrats are crooked.  They’ve got a lot of crooked things going.  That they’re vicious.  That they shouldn’t have brought impeachment.  And that my poll numbers are ten points higher.”

It has only been a little over a week since the Impeachment Trial of Donald John Trump concluded.  In that time, Mr. Trump embarked on a crusade of retribution and increasingly threatening behavior.  The list is too long — in just nine days mind you — to enumerate here but it started with the National Prayer Breakfast, continued in a rambling and profane State of Mind speech in the White House, and is clearly enumerated in his omnipresent Tweet storms.  It is, in a word, frightening.

Of greatest concern to our Republic is his stated intent to meddle in the Justice system of the United States of America.  Our legal system depends on the ability of our prosecutors, judges and juries to attempt to be as impartial as possible.  As with Joe Friday in the old “Drag Net” series, “just the facts, Ma’am.”  Just as important is the public’s perception that the system is unbiased and faithful to the law.  Mr. Trump is attempting to undercut both elements that are so important to our rule of law.

We got a preview of coming attractions a few weeks ago when the DOJ initially asked for a relatively long prison sentence (seven months) for confessed felon Mr. Michael Flynn.  That was later withdrawn and a recommendation for probation was substituted after the original career prosecutors were over-ruled by senior political appointee DOJ officials.

In case you missed it, Mr. Trump’s long time friend and confidant — and proud self proclaimed political dirty trickster — Mr. Roger Stone was convicted on seven felony counts including lying to Congress and witness tampering.  His is the last case to come from the Mueller Investigation which resulted in multiple defendants going to jail on convictions or admissions of guilt.

Mr. Stone is due to be sentenced next week.  This week the four career prosecutors from the Department of Justice (DOJ) used the existing formula under current law to recommend a sentence for Mr. Stone.  Prosecutors recommend a sentence, based on the guidelines, and then judges hand down the sentence based on those same guidelines coupled with any mitigating or aggravating circumstances and other factors that may have come out during the trial or that are presented by the defense attorneys in order to humanize the guidelines.

The DOJ prosecutors recommended in a brief presented to the court that Mr. Stone serve seven to nine years in jail.  That night, the president tweeted at two A.M. that “This is a horrible and very unfair situation.  The real crimes were on the other side, as nothing happens to them.  Cannot allow this miscarriage of justice!”  Later that day, under the direction of Attorney General William Barr, the court papers were withdrawn and a lighter sentence was put forward by DOJ.  Mr. Trump later publicly questioned whether there was “prosecutorial misconduct” in the case under the original prosecutors.

The four original career prosecutors resigned in protest.  Three resigned from the case and one from the case and from DOJ.

It gets worse.  As it always does with Mr. Trump.

The president then went after the presiding judge in the case on Twitter.  He went after Judge Amy Berman Jackson a judge in the United States District Court for the District of Columbia.  She is a highly respected member of the judiciary known for her fairness and lack of tolerance for shenanigans in the court room.  Oh by the way, she also was the judge in other prosecutions brought forward by Mr. Mueller including Mr. Paul Manafort and Mr. Richard Gates.  It was the sentencing of Mr. Manafort that particularly incensed the president, which he brought up in his latest attack on Judge Jackson.

It gets worse, as it always does.

The president then went after the forewoman of the jury that convicted Mr. Stone.  On Twitter, of course, he said of the forewoman, “Now it looks like the fore person in the jury, in the Roger Stone case, had significant bias.  Add that to everything else, and this is not looking good for the “Justice” Department.”  He then referenced “Fox and Friends” on Fox News.  Of course he did.  And of course he puts “justice” in quotations.

It gets worse, again.

Yesterday AG Barr, in what appeared to me to be a “CYA” (an old term — known in modern circles as damage control mode), held an interview with ABC News where he opined that the president’s Tweets were making it “impossible” for him to do his job.  To me, it looked like the AG was trying to tell Mr. Trump that he was taking care of the president and following up on his desired use of the Justice Department for his own purposes, but that the Tweets were giving away the ball game.  Basically, to me, he was saying to the president, “Cool it.  We’ve got your back but we can’t do it if you brag about it.  Just stop it.”

But no matter.  The president just — Could. Not. Let. It. Be.

Today the president says that he has “the legal right” to interfere in cases brought by the Justice Department.  Let that sink in for a minute.

Not only is he claiming that he can interfere in the prosecution proceedings against his friends and allies, but that he can direct the prosecution of his perceived enemies or those that he claims are disloyal to him.  Not to the Constitution, to him.  Personally.

That’s some scary stuff.

In case you don’t quite get it, note that Mr. Trump is pushing the Department of Defense to have the Army take disciplinary action against Lt. Col. Alexander Vindman for his reporting, through the chain of command, his uneasiness with Mr. Trump’s now infamous call with the Ukrainian president.  He testified to Congress under a subpoena — following orders and his oath to the Constitution.  Said Mr. Trump of Colonel Vindman, “He is over with the military.”  This from a man that pardoned three military war criminals.

The bottom line is this.  The President of the United States clearly thinks that he is squarely in charge of the country.  Not as a leader, but as an autocrat.  Whatever he wants, he gets.  Whatever he tells people to do, they must do it or be subject to retribution or worse, criminal prosecution.  Not legal orders, mind you.  Rather, anything he wants, regardless of legality or morality.

Sadly, though profoundly disturbed, I am not shocked by Mr. Trump’s behavior.  I am, however, dumbfounded that with only one exception, the former Republicans in Congress have formed a cabal that has gone over lock, stock and barrel to aiding and abetting his outrageous behavior.  Indeed, they cheer and applaud his every inane and threatening statement.  Literally.  Take a look at video of his public appearances the day after the Impeachment Trial.  You know, the “trial” where the Trumpists refused to allow any evidence or testimony.

Mr. Trump during his campaign famously said that he could shoot someone in broad daylight on Fifth Avenue in New York City and get away with it.  Sadly, that may have been a prophecy rather than an apocryphal statement.  Clearly he has come to believe that not only can he get away with that, but apparently he now believes that he has the right to do that if it is in the “national interest” — meaning in his interest.

Can you imagine what will happen if he wins a second term?

 

All Hail The King!

Posted: January 30, 2020 | Author: | Filed under: Uncategorized | Tags: , , , , , , , | Leave a comment

The Impeachment Trial of Donald John Trump continues today.  It is impossible to know exactly what will occur over the next 30 hours or so, but a betting person would place money on the increasing likelihood that the Senate will vote “no” on calling witnesses or documents during the trial and then proceed to acquit Mr. Trump of abuse of power and obstruction of Congress.

And we will be the worse for it.

Politics aside, meaning whether or not you felt that Mr. Trump should be removed from office, all of us should be appalled that the Senate will conclude the trial without actually holding a trial as we all know it should be conducted.  Indeed, in the latest Quinnipiac Poll — a source respected by all mainstream politicians — 75% of respondents stated that there should be witnesses questioned and documents reviewed during the Impeachment Trial.  Only 20% said that they were not necessary.  Those in favor included a majority of Republicans as well as overwhelming numbers of Democrats and Independents.  The reasons for wanting them may vary — for proving either an acquittal or a conviction — but the fact remains that they are wanted.  So much for elected officials listening to their constituents.

More shocking, more incredible, more dangerous than all of the preposterous arguments being put forward by the Trump cultists, is the one proffered by Professor Alan Dershowitz, one of the president’s defense lawyers.  His twisted logic essentially says that a president can do anything that he wants.  Period.  He is totally in line with Mr. Trump’s declaration, “Then, I have an Article II, where I have the right to do whatever I want as president.”

Specifically, Professor Dershowitz argued that if a president is running for re-election and believes that being re-elected is in the public interest, then that person can do whatever is necessary to get re-elected.  After a long explanation, he summarized by saying, “If a president does something he believes will help him get elected is in the public interest, that cannot be the kind of quid pro quo that results in impeachment.”

Think about the ramifications of saying that a president can do anything to get elected and the Congress can do nothing about it.  The imagination runs wild.

So for those keeping score at home, here is where we are:

  • The president believes that he does not have to submit to oversight from the Congress and therefore refuses to turn over any documents or witnesses to help Congress do its Constitutionally mandated job.
  • The entire membership of one political party in Congress supports that assertion and actively works to keep witnesses and documents from their oversight.
  • The defense team of the president confirms that the president does not have to submit to Congressional oversight.
  • The defense team then goes one step further by saying that if a president believes that his actions are in the “national interest” then he can do anything that he wants to do.
  • The president believes, and now has had it affirmed, that he is the state.  Whatever is good for him is good for the country.
  • The Senate votes to affirm all of the above.

Put all the pieces together and we no longer have an accountable president.  We have the equivalent of a divine king.  (There are many evangelicals that believe that it is God’s will that Mr. Trump was elected.)  Our very own Louis XIV!  (Famous quote one:  “It is legal because I wish it.”  Famous quote two:  “Has God forgotten all I have done for Him?”)  I am not hyperventilating, or over-stating the case when I use that phrase because the arguments are in the same vein as those used for the divine right of kings.  To continue in this direction puts the great American experiment on life support.

Rather than “king” maybe we should worry that we will soon have an “emperor.”  Perhaps the best historical analogy is the end of the Roman Republic.  After long and bitter political infighting, the Senate abdicated its responsibilities to an Emperor.

Is there any doubt that Mr. Trump, given his track record to date and proven propensity to do only what he thinks personally benefits him, will stop at nothing to win the next election?  Then what?

The possible consequences are limited only by one’s own imagination.  Consider this scenario as an example.  Mr. Trump already believes that he lost the 2016 popular vote because three million people voted illegally.  He formed a commission to “prove” it.  (The commission disbanded without finding any evidence of such a thing.)  Suppose the polls show that he will lose again in 2020 and decides that all of those illegal voters were in California and that they were all illegal immigrants (another theory he has espoused with no proof what-so-ever)?  Suppose he then declares that it is in the national interest to prevent that from happening and shuts down polling places in California or, after the results are in, declares that it is in the national interest to nullify all votes in California?  What mechanism exists to prevent that?  Public outrage?  A dysfunctional Congress?  The press?

It is increasingly clear that our Founding Fathers assumed that at least a modicum of decency and fair play would exist in either the presidency or in the Congress in order to make the checks and balances actually work.  We now clearly can see that an individual who knows no boundaries and bursts through any guardrails that may have existed, coupled to the lack of any will to stop him, means that anything goes.

Here’s the thing to remember.  Whatever shenanigans happen in the next few days, whoever argues that the Trump cultists are on the wrong side of history, or that they are setting a terrible precedent for future presidents or even that our democracy may be in jeopardy, there is only one answer.

Repeat after me.

THEY. DON’T. CARE.

All that matters now is protecting Mr. Trump who in turn promises to protect them (Ha!) which allows them to retain power.

NOTHING. ELSE. MATTERS.

Is it too much to say that we now have a king rather than a president?  Perhaps.  Only the events over the next few months will let us know for sure.  I for one am extremely nervous about what Mr. Trump thinks he can do now that he feels no consequences for his election dallying with Russia and his extortion attempts on Ukraine.

Everything seems to be fair game to him and he sees no problem with his immoral behavior.  Our only recourse is to be vigilant, continue to cry “foul” while holding our Senators and Representatives accountable and turning out in record numbers in November to vote these people into obscurity.

 

Through The Looking Glass

Posted: January 27, 2020 | Author: | Filed under: Uncategorized | Tags: , , , , , , | Leave a comment

“Why, sometimes I’ve believed as many as six impossible things before breakfast.”

—- Alice in Alice in Wonderland

To believe the ongoing defense arguments in the Impeachment Trial of Donald John Trump, it would help to be in Alice’s shoes.  Although, with the information coming out over the weekend, I’m not sure that even that would help.

Two revelations in particular make the president’s defense increasingly difficult to believe.  One is the roughly 80 minute long video and audio tape released by Mr. Lev Parnas — the “associate” of Mr. Rudy Giuliani in the Ukrainian shakedown scheme — where he discusses the firing of the then U.S. Ambassador to Ukraine Marie Yovanovitch.  The second, and most important, is the report detailing the interactions between the president and his National Security Adviser John Bolton concerning the shakedown of Ukraine.

In the audio tape, Mr. Parnas and Mr. Trump discuss Ambassador Yovanovitch and the president is told that she is “bad-mouthing” him.  The response?

“Get rid of her!  Get her out tomorrow.  I don’t care. Get her out tomorrow.  Take her out.  Okay?  Do it!”

In addition to sounding like a bad mob movie, this is troubling in at least two ways.  While the president’s defense is true, that he can hire and fire whomever he wants as an Ambassador, it wasn’t what happened as much as how it happened.

Mr. Trump claims he doesn’t know Mr. Parnas.  This is just another one of his over 16,200 documented lies to date in office.  Listening to the tape, he clearly does know him.  The context is a general discussion about Ukraine and U.S. support to that fledgling democracy locked in a hot war with Russia.  Note that he doesn’t say “we need to look into that,” or tell an aide that he needs more information or talk to Secretary of State Pompeo about what to do.  Instead, on the spot, he commands her immediate removal.

This happens for one of two reasons.  It could be that there already had been long discussions about how the Ambassador refused to “play ball” in the scheme and in fact was acting to end corruption — by opposing the actions of Giuliani and Associates.

The other reflects the president’s decision making style.  Assume he really did not know Mr. Parnas.  Then that means anyone could walk into the president’s inner circle (the recording was made during an intimate sit down dinner of about ten people), say any old outrageous thing and the president would bring the most powerful office in the land to bear on the spur of the moment and act on it without study, knowledge, strategy or process.  That may be the scarier of the two prospects.

But now, as Alice would say, the situation is getting “curiouser and curousier.”

Mr. Bolton apparently is ready and willing to testify to what is in the manuscript of his upcoming book.  Specifically, that in mid-August, as all government agencies were pushing for the release of about $400 million in desperately needed assistance to Ukraine, the president told him that he would not do so until the Ukrainians provided information on the Bidens and on Ukrainian interference in the 2016 election.  These two conspiracy theories have been thoroughly and repeatedly debunked by his own administration’s officials.

The manuscript puts the lie to everything that the president, his lawyers and his cult followers in Congress have claimed since the whole mess became public.

The manuscript also reportedly shows the full depth and breadth of the conspiracy to extort Ukraine by illuminating the involvement of the Secretary of State, Attorney General and the Acting Chief of Staff.  The whole place seems to be rotting from within.

Here is the kicker.  The draft book was given to the White House staff on 30 December 2019.  That means that the president, his defense attorneys and others in the administration knew about the testimony Mr. Bolton was ready to give and therefore, not only did they continue to knowingly lie when they said no one could testify to the president’s direct involvement, they knew it when the Senate voted not to have any witnesses or documents produced at the trial.

Let that sink in.

I would postulate that as a minimum, Senator Majority Leader Mitch McConnell (TR-Ky) knew it too when he set the rules for the trial.  Clearly, they were ready to jam through a vote to preclude witnesses knowing that there was at least one person that could provide exceedingly damaging testimony about the president’s real intentions.

A total sham and whitewash of a trial executed with malice of forethought.

My theory is that they knew the facts would come out eventually, but they did not care.  The argument would be that the president was already acquitted and so, while “troubling”, too bad, so sad, we can’t do anything about it now.  The House should have done their job (another canard among many), but they didn’t and so now we just have to live with it.  Oh well. On to the election!

Only they got caught.

On Saturday I was convinced that the trial would end without any additional evidence or witnesses.  They almost got away with it, but now I think that as many as eight or nine Republican Senators will vote for witnesses.  What form that takes, and how many witnesses get called, I have no idea, but I would speculate that it is about a 60-40 chance that at least Mr. Bolton testifies.  It is also possible, of course, that Mr. McConnell (aka Midnight Mitch, aka Moscow Mitch) might pull a legislative rabbit out of his hat to protect Mr. Trump, but there also may be enough pressure from his own caucus that he relents.

Much attention focused on four Republican Senators and how they might vote.  In my view, and the view of several political analysts, there were never going to be four Senators joining the Democrats to vote for witnesses.  There needed to be safety in numbers of at least six or seven in order that no one of them is accused of having “caved” to the Democrats and been the deciding vote.  Otherwise, the Red Queen would have tweeted “Off with their heads!”

It is early in the proceedings, even if Mr. Trump and his accomplice in the Senate Mr. McConnell hoped to have it wrapped up by the end of this week.  But as we have seen so often in these proceedings, even twenty-four hours is an eternity in the current political environment.  Who knows what will happen?

I turn to Alice for one more parting piece of advice to the public and to those in Congress that may still care about holding this administration accountable.

“It takes all the running you can do, to keep in the same place.  If you want to go someplace else, you must run at least twice as fast as that!”

 

Whitewash!

Posted: January 21, 2020 | Author: | Filed under: Uncategorized | Tags: , , , , , | Leave a comment

The proceedings in the Senate concerning the Impeachment of Donald John Trump got underway this afternoon.  Right from the start the fix is in.  We can no longer call it a trial.  I don’t know what else to call it other than a whitewash.

Moments ago the Republicans voted unanimously not to have any witnesses or documents produced as evidence.  How one could call this a trial, when they refuse to look at any evidence or listen to any witnesses, is beyond me.

Technically, they voted to table a motion to an amendment to Senate Majority Leader Mitch McConnell’s (TR-Ky) (aka “midnight Mitch”) rules for this hearing.  In theory, they could call for evidence, — get this — at the end of the whatever we call this.  The ramifications are many, including solidifying Mr. Trump’s claims that he can do anything he wants under Article II of the Constitution.  Oversight is DOA.

I am dumbfounded that a trial can proceed without any evidence or witnesses.

Recent polls show that 71% of Americans think that witnesses and evidence should be presented at this Impeachment Trial.  But now we aren’t going to have a trial.  We are going to have a whitewash of the president’s actions.

It seems that if the Republicans really wanted to exonerate the president, they would want to produce witnesses and evidence that exonerates him.  Without any evidence what-so-ever no one should claim that he was exonerated.  Having listened to all of the evidence, they may have decided to acquit him, but at least all the information would be out there.

Many pundits, historians and former politicians have often said that the Republicans in Congress are “on the wrong side of history” or “will have to look themselves in the mirror” and that they have lost all integrity.  Clearly, they do not care.  All that matters now, is that they retain power at all costs.  All costs.  All Republicans in Congress are all in on Trump.  They own everything that happens and all of his actions from here on in.

One can only conclude that the Republicans know in their hearts that the charges are true and that the president did all that he is accused of doing, but that keeping power is more important so the facts must not come out.  They are clearly afraid that if all of the evidence came out, they would be in political hot water if they acquitted him anyway.

Our democracy is becoming a sham.

God Bless America!

 

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