“There’s A Bad Moon On The Rise”

Rioters clash with law enforcement officers as the insurrectionists try to force their way into the Capitol to assault elected officials and to overturn a free and fair election on January 6, 2020. They were acting with the encouragement of Donald J. Trump who now wants to pay them for their actions. (Getty)

I am beyond outraged. Beyond disgusted. I am at the point where if everyday Americans do not realize that there is a direct and sustained assault on our democracy then maybe they do not want to preserve the nation that we have spent nearly 250 years building “in order to create a more perfect union.” Apparently, the United States Constitution is about as valuable to some people as the “terms of service” are for those that want to get on a website. Check the box but do not bother to read or understand the words.

As I warned in my last post on 17 May, we are, without a doubt, experiencing the biggest assault on our values and cherished way of life. Trump and his henchman Acting Attorney General and General Trump Lackey Todd Blanche officially announced that they created a 1.776 billion dollar slush fund to pay off those that do his bidding — whatever it is, including violence like the assault on the Capitol on January 6, 2020. According to Trump, these “patriots” have “suffered” enough from their “persecution” during the Biden administration. The very same ones convicted at trial by a jury of their peers.

This is the biggest, most corrupt attempt to date to destroy our democracy and to ensure that one man stays in power unconstrained by rules, regulations or laws. Not only is it unprecedented in our history, it sets a new precedent for the future that completely overrules the Constitution. The most obvious result of this assault is that it completely castrates Congress and the one power that they used to jealously guard — the power of the purse. Appropriations and authorizations for government spending come from the Congress and only the Congress. It is the one sure way that they have to check the power of the Executive Branch. With this move, Trump completely obliterates that process. If Trump gets away with this blatant disregard of the Constitution then there is nothing to stop him and other Cabinet members from declaring that they need money from the Treasury for whatever purpose they see fit. Congress be damned. It is open season on using taxpayer money for anything that the president wants.

I am not sure which is worse. Is it Trump’s constant lying about the “stolen” 2020 election; the claim that those who attacked law enforcement officers were “peaceful protesters” who were framed by the Biden administration and became “political prisoners;” or the lie that the attack was orchestrated by “leftist ANTIFA” organizers in coordination with the FBI; or that the “Russia, Russia, Russia hoax” was designed to injure Trump? All are bogus claims that have been debunked over, and over, and over, and over again. Besides the fact that these events occurred during the Trump administration under people that he appointed and that many of the investigations included Republicans, as for example the report of the Chairman of the Senate Intelligence Committee Senator Marco Rubio, now Trump’s Secretary of State.

In other words, the going in premise of Trump’s “Anti-Weaponization Fund” is built entirely on lies. That may be the biggest insult of all. On top of that, the five commissioners will be appointed by his General Lackey Todd Blanche but can be fired for any reason or no reason by Trump. The payments and who receives them are kept from the public. Anyone can apply. The process for applying is unclear as of this writing.

I think the real reason that Trump keeps harping on these issues is not about the past — although there is an element of retribution against those who resisted him — it is actually about the future. In essence, he is declaring that going forward you can do anything, anything at all, if it is done in the name of Trump and advancing his agenda. Exhibit A will be the J-6 insurrectionists. They were pardoned, and now they are looking to get paid. It is totally transparent and transactional. One mission and one mission only, do Trump’s bidding and be rewarded. To go full circle, the implication is also that if you do act on Trump’s behalf and he loses power, you will be left hanging in the wind. Do not take the chance on somebody that will not treat you as well as Trump.

I am not an attorney. However, even the most casual observer can spot things in this agreement that are patently evil, immoral, and unlawful. First, it is being called a “settlement.” There was nothing to settle as Trump’s law suit never went to court. The judge involved expressed serious doubts that there was even a case and empowered a panel of esteemed lawyers to provide an opinion back to her as to their view. Nearly every knowledgeable law expert declared that the federal government (the president) cannot sue the federal government (the IRS) when both are in the Executive Branch. There may be an “agreement” between the parties but there is no settlement.

Hidden in the paperwork is an interesting twist. The day after the original agreement was announce, an addendum was released that says in part (with the all CAPS in the original), “the United States RELEASES, WAIVES, ACQUITS and FOREVER DISCHARGES each of the Plaintiffs from, and is hereby FOREVER BARRED and PRECLUDED from prosecuting or pursuing” just about everything for Trump, his extended family and every entity organization or subsidiary or really, anything he has ever touched. It is widely believed that Trump is already on the hook for 100 million dollars from past income tax filings. This agreement makes it clear that the IRS will not pursue that money and that “FOREVER” he is immune to any other investigations. In plain language, he, his family and a host of others associated with him will never have to pay a dime in income taxes. Even if he owes taxes, no one can prove it because he cannot be investigated. A ticket to fraud.

These provisions may violate the law. After the investigations into the Nixon White House, several provisions were enacted governing the IRS. The U.S. Code states explicitly that it is unlawful for the President, the Vice President, or any Executive Office employee to directly or indirectly request the IRS to conduct or terminate an audit of any specific taxpayer. Additionally, IRS regulations require an automatic audit of a sitting president’s tax returns. How these requirements will play out under the new agreement is beyond me. However, Trump regularly disregards any law, rule or regulation that he finds inconvenient.

There are already multiple lawsuits filed to stop this brazen looting of taxpayer dollars. Unfortunately, given the lack of anticipation that such a thing was possible, some legal experts speculate that it may be difficult to bring cases to court because of a lack of standing to do so. It may be wrong, it may be evil, but under current law it may not be illegal.

Yesterday several members of the House and Senate, Republican and Democrat, had their hair on fire over this agreement. They were outraged. Additionally, both houses of Congress were moving to invoke the War Powers Act to rein in Trump in Iran. Maybe, finally, some pushback against Trump’s excesses? We may never know because as things started to unwind yesterday, the Speaker of the House and the Majority Leader in the Senate abruptly adjourned their respective bodies and sent everyone home not to return until 2 June. Who knows what shenanigans will occur in the interim?

I am ever more convinced that we are in big trouble as a democratic republic. Many of our fellow citizens want to return to the “before times.” Let’s get back to where our country was before Trump, they argue. I increasingly disagree. We did that once with the Biden administration. Look what it got us. Trump 2.0 — an even worse situation. If we have learned nothing over the last few years, our Founding Fathers belief that given a chance, people of good will and the interests of the people in mind would do the right thing, was fundamentally wrong. They built in checks and balances but could not anticipate that Congress would abrogate their responsibilities and that an evil man would be aided and abetted by other evil men and women to take advantage of every conceivable loophole to enhance their own wealth and power. When given the chance — I still believe we will get the chance — we have to strengthen our laws to protect against a future Trump. We did not do it before, thinking that 2016 was a one off. We now know better.

With apologies to Creedence Clear Water Revival

I see the bad moon a-risin’
I see trouble on the way
I see earthquakes and lightnin’
I see bad times today

Don’t go around tonight
Well it’s bound to take your life
There’s a bad moon on the rise