impeachment

Pounding and Flip-Flopping


Reading time – 4:51; Viewing time – 7:30  .  .  .

It’s a fundamental courtroom practice:

If the facts are on your side, pound on the facts.

If they aren’t on your side, pound on the law.

If the law isn’t on your side, pound on the table.

The House Judiciary Committee met last week to debate issuing a citation of contempt of Congress to Attorney General William Barr for his failure to produce an unredacted version of the Mueller Report and the underlying evidentiary materials, as well as for his failure to appear before the committee. Of course, the debate was bifurcated along party lines and what I found most interesting is what the Republicans did to make their case against contempt citations.

They brought up all manner of what they decried are unfair or unethical issues, including Hillary Clinton’s emails, FBI leadership, FBI spying and investigating (isn’t that what they’re supposed to do?), Barr’s courage to obey a law that actually doesn’t apply to the contempt of Congress issue, the Steele Dossier (none of which has been disproven), Christopher Steele’s having talked with Russians, various officials lying under oath, James Comey’s perfidy and other real or fantasy offenses.

NONE OF THAT HAS ANYTHING TO DO WITH WILLIAM BARR FAILING TO RESPOND TO CONGRESSIONAL SUBPOENAS. IT’S ALL WHATABOUTISM.

That’s what people do when they don’t have a leg to stand on.

Don’t let their passion or the intensity of their fatuous bloviating or the panoply of unrelated issues distract you. This is solely about obeying the law. That sounds very conservative, don’t you think? How come the Republicans don’t like it? Try this.

The Republican members of the House Judiciary Committee likely feel duty bound to protect the Republican administration, regardless of what some individuals in that administration have done. That’s one of the more odious parts of party politics and it’s one of the things that causes voters’ blood to boil or drives them to simply tune out, believing, “They’re all crooks.”

Here’s what’s at stake in this subpoena/contempt citation case:

The important thing: The oversight function of Congress is impossible to conduct without the necessary information. The purpose of a subpoena is to elicit that information from reluctant witnesses. Which is to say, it doesn’t matter whether the president or his lapdog attorney general like it; Barr has to obey the subpoena and the law in order for our system to work.

The critical thing: What is at stake is the rule of law itself! If Barr and Trump get away with refusing subpoenas, then our rule of law is finished. So is justice in America, because it will be clear that obeying the law no longer matters. Say hello to tyranny.

Here’s the current reality:

Those Republican committee members don’t have the facts on their side. Barr has plainly and obviously stonewalled his subpoenas. That’s a punishable no-no. So they can’t pound on the facts.

Those committee members also don’t have the law on their side. The law is clear that citizens must obey a subpoena. So, those representatives can’t pound on the law.

All they have left is pounding on the table. And that’s what they did during the House Judiciary Committee contempt citation hearings and what they’re doing still.

You can expect the same behavior from Republican senators if a resolution of impeachment arrives in their chamber. That’s pretty much what we saw during the blizzard of filibusters the Republicans mounted to fight anything Obama promoted. They didn’t have the facts and they didn’t have the law, so they pounded on the table.

Critical note to Democrats: if positions were reversed, we’d see the same behavior from Congressional Democrats, although they’d probably smile more and be ever-so empathetic. Nevertheless, forget about feeling smug and disdainful about the other guys. This is party politics S.O.P.

Impeachment update  .  .  .

In 2017 I had the simple clarity that Trump should be impeached because he is a criminal, that he’s obviously guilty of violating the Emoluments Clause, obstruction of justice and possibly of treason for conspiracy with the Russians and for his refusal to take any action to prevent ongoing attacks by Russia. Then I considered what a President Pence might do and I wasn’t so sure that impeachment was best.

The first thing Pence would do is pull a Gerald Ford and pardon Trump and his entire crime family for felonies they have or may have committed. It’s unthinkable that they might get away with their self-aggrandizing criminality, so I changed my mind on impeachment. Now, though, there’s another worry.

Trump has started a march to war with Iran. Separating out his wag-the-dog gambit, starting that war will result in a lot of people dying and suffering and it likely will be a war that will last for many years, just like those in Iraq and Afghanistan, because there’s no way out. It appears that the only way to prevent that is to remove Trump from office before he can fire the first shot. That calls for impeachment, so back we go.

One price of doing that, though, is the probability of angering a lot of Americans who will see Trump as a victim and will vote in a Congress that might continue to dismantle the things we care about, a Congress which will deny climate warming. They will continue the assault on Roe v. Wade, on voting rights and will enact yet more wealth inequality measures. All of that and more are existential threats to liberal democracy and to our entire planet. That price is so large that it augers for leaving Trump in office until the end of his term in order to prevent a backlash Congress, even knowing that he will issue anticipatory pardons to all his co-conspirators.

Yes, I realize that I’m flip-flopping on the issue of impeachment and I don’t like it any more than you do.

This impeachment business is more complicated and has more consequences than I want it to have. I believe in the rule of law and apologize not one bit for being a Boy Scout about my horror over the assault on our moral character that we continue to endure.  But frustrating as it would be to refrain from stopping the subversive criminal in the Oval Office, preempting Trump with impeachment might do more harm than good. Clearly, this is a hold your nose moment in American history.

Click the pic for the report in The Onion

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Copyright 2019 by Jack Altschuler
Reproduction and sharing are encouraged, providing proper attribution is given.

Your Lyin’ Eyes and Impeachment


Reading time – 3.47; Viewing time – 5:20  .  .  .

The Mueller Report is out and I haven’t had time to go through all 448 pages, although you can do that yourself by getting the PDF from the DOJ website here. Click on the 4th line beginning “Report on the Investigation” for the download. Or if you prefer you can get an indexed and searchable version here.

There is big stuff in that report, including that the lack of indictments of the president is due to the Justice Department guideline that a sitting president can’t be indicted. Also, because so many documents were destroyed by various perps.

Nevertheless, Mueller let us know that he was unable to declare that the President of the United States isn’t a criminal. Stunning! My more chilling takeaway, though, is about Attorney General William Barr.

Barr was promoted as a legal institutionalist, even after his unsolicited, 19-page job application that made it clear that he believed that, metaphorically speaking, a president really could get away with shooting someone on 5th Avenue. That view works for Trump and Barr got the attorney general post.

In each of his public appearances and writings as attorney general, Barr has gone out of his way to exonerate the president. His rhetoric vacillates between cherry-picked, out of context phrases to outright lies all in favor of President Trump. Did he think we wouldn’t notice? In listening to Barr I’m reminded of comedian Richard Pryor’s line, “Who you gonna believe: me or your lyin’ eyes?”

The scary part is that Barr sounds like the president’s defense counsel, instead of the attorney for the Constitution of the United States of America.

In his piece in New York Magazine entitled, “Congress Should Impeach William Barr,” Jonathan Chait wrote,

“The Justice Department is an awesome force that holds the power to enable the ruling party to commit crimes with impunity .  .  .”

We should have seen this coming.

From The Onion, of course. Click the pic

Barr is the former attorney general for President George H.W. Bush. Barr recommended to Bush that he pardon the convicted Iran-Contra felons. Click through the link and scroll down to the Indictments section and you’ll see that these guys did a lot of really bad things, including thwarting the explicit will of Congress. You need to appreciate how significant that is.

Doing that is an attack on Congress itself, and it encourages an imperial presidency. William Barr cemented that by recommending those pardons. And now he’s defending this power grabbing, dictator wanna-be president.

If Barr is an institutionalist, exactly what institution does he serve?

Read more about this here.

And another thing .  .  .

Now that most of the Mueller Report is released, the talk of impeachment is spiraling upward. I’ve long called for the removal of this cheating, lying, fraudulent, self-aggrandizing, democracy damaging president, but now I have significant doubt about that notion.

President Gerald Ford set a woeful precedent by granting, “.  .  .   a full, free and absolute pardon unto Richard Nixon for all offenses against the United States which he, Richard Nixon, has committed or may have committed or taken part in .  .  .” Nixon got a free pass for his criminal wrongdoing and wasn’t held accountable in any way.

That is the precedent that Mike Pence will inherit should he become President. That means that our criminal president will likely be pardoned for any and all crimes which he may have committed (think: conspiring with the Russians to disrupt our 2016 election, obstruction of justice; money laundering; and fraud).

Further, if Trump were to be impeached, whether convicted in the Senate or not, he and the Republicans will wail about him being a poor victim, suffering unfair discrimination by the evil Democrats and the Washington swamp. That could lead to another Republican in the White House in 2021 and a Congress controlled by the same spineless legislators who are enabling Trump right now.

The solution that makes the most sense to me is to Benghazi Trump: just keep his wrongdoing in the public eye through November 3, 2020 with ongoing Congressional hearings.

I often have difficulty rationalizing the impact of the bypassing of punishment for wrongdoing in favor of some greater good, but this one looks obvious enough even for me.

No impeachment.

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Ed. Note: I don’t want money or your signature on a petition. I want you to spread the word so that we make a critical difference. So,

YOUR ACTION STEPS:

  1. Pass this along to three people, encouraging them to subscribe (IT’S A FREEBIE!).
  2. Engage in the Comments section below to help us all to be better informed.

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Copyright 2019 by Jack Altschuler
Reproduction and sharing are encouraged, providing proper attribution is given.

Gastrointestinal Upset


Reading time – 1:39; Viewing time – 2:18  .  .  .

A compendium of Trumpian Distractions designed to keep your eye off the ball

 

Two weeks ago members of the far right, so-called Freedom Caucus filed articles of impeachment against Deputy Attorney General Rod Rosenstein. You need to see this for exactly what it is.

Writes the editorial board of the New York Times,

For Freedom Caucus leaders, this impeachment resolution is about something at once much broader and far pettier [than the derailing of the Mueller investigation]: the need to make a huge, disruptive, polarizing political stink just as members head home for the long hot August recess.

 

 

Representatives Mark Meadows (R-NC) and Jim Jordan (R-OH) spearheaded this Freedom Caucus distraction for the polarizing political stink reason, to be sure, and for several others as well. An important one of those others is to aid President Trump in getting you to forget about his apparent subservience to Vladimir Putin. Articles of impeachment against the Acting Attorney General, like Trump’s implied threat of nuclear war against Iran, are a great distraction. Score one Trump suck-up for members of the Freedom Caucus.

Another reason for filing the Articles and, specifically, for the timing of them, is that Jim Jordan stands accused of some nasty stuff. Over 100 former student wrestlers have accused him of standing by and doing nothing to stop rampant sexual abuse when he was an assistant wrestling coach at The Ohio State University. In addition, Jordan has let it be known that he wants to be Speaker of the House, so he desperately needs attention that is focused on something other than his alleged abdication of his responsibility to protect his student wrestlers at Ohio State.

While the Freedom Caucus was persuaded last week by Republican leadership to withdraw their filing, it is more than worthwhile to read the Times article in order to better understand the all-too-common denial of reality and how politics now functions in America. Try not to let the Freedom Caucus’ loathsome, self-serving political manipulation make you gag.

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    Ed. note: I don’t want money (DON’T donate) or your signature on a petition. I want you to spread the word so that we make a critical difference. That’s the reason for these posts. To accomplish the goal requires reaching many thousands of people, so:

    YOUR ACTION STEPS:

    1. Pass this along to three people, encouraging them to subscribe (IT’S A FREEBIE!).
    2. Engage in the Comments section below to help us all be better informed.

    Thanks!


Copyright 2019 by Jack Altschuler
Reproduction and sharing are encouraged, providing proper attribution is given.

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