subpoena

How Did We Get Here? and “The Wag”


Reading time – 3:58; Viewing time – 5:40  .  .  .

  • How did we get to the point:

– where ripping babies from their mothers’ arms is tolerated?

– where we refuse those kidnapped kids soap and a toothbrush and there isn’t universal outrage?

– where disrespecting our allies and cozying up to adversaries is thought to be good foreign policy?

– where allowing fossil fuel exploration in Monument Valley is considered a good idea?

– where pulling out of the Paris Climate Agreement is deemed sound policy for our children and grandchildren?

– where there could be a discriminatory citizenship question on the national census? The Constitution calls for no such thing.

– where Russia could invade and disrupt our national election and the president refuses to confront, much less punish the offender?

– where the president refuses to do anything to stop further cyber assault on our country and even invites it – and somehow we aren’t all enraged?

– where we yawn when yet another Cabinet Secretary resigns in disgrace?

– where birthright citizenship – you know, the 14th Amendment – would be under attack? Note: The 14th Amendment is probably why you are a United States citizen.

– where we tolerate reversing EPA standards, such that fossil fuel extractors no longer have to report or reduce methane emissions? Methane is 84 times more powerful at global warming than carbon dioxide.

– where picking fights with other countries is considered a good negotiating strategy?

– where a continuing presidential attack on freedom of the press is somehow held to be patriotic?

– where defying subpoenas is in any way a debatable thing?

– where arbitrary tariffs slapped on friends is tolerated?

– Where witnesses before Congressional committees can avoid testifying by claiming “absolute immunity,” an immunity that doesn’t exist in law?

This list could be far longer and likely you can add to it.

We’ve always had divided government, with impassioned politicians at times saying stupid stuff.* This isn’t about that. This is about the amazing reality that we got to the point where, for example, ripping babies from their mamas as a tool to discourage immigration is open for debate.

KEY POINT: Not one of the items on this list is a whine about Trump being crude, disrespectful, ignorant and an assault on decency. They aren’t even a complaint about his well over 10,000 lies since taking office. And every one of them has substantive impact on Americans – like you – and on our nation as a whole.

KEY OTHER POINT: It’s so very easy to pin all that on Trump, but he only has the power to do those things because of a supportive – or at least compliant – citizenry and, correspondingly, a meek and cowardly Republican Congress.

KEY QUESTION: In order to get out of this craziness we have to be able to both define it and identify what brought us here. What’s your notion? Post it in the Comments block and we’ll help one another learn.

FUN FACT: Roughly 63 million people voted for Trump (or they voted against Hillary) in 2016. On that same day, over 90 million voting age Americans stayed home.

FUN FACT QUESTION: Can you think of something you can do so there isn’t a repeat of that in 2020? I knew you could.

Late Addition

I’ve warned repeatedly (here and here, for example) that we are at risk of Donald Trump pulling a “wag the dog” scam to ensure he gets reelected. Now it appears that he’s doing it.

He has backed Iran into a corner with enough sanctions to hobble its economy and withdrawn from the JCPOA. Then Trump complained because Iran said that it would restart its uranium enrichment program, the very thing the JCPOA prevented.

So, he sent a carrier group and 2,500 troops to the area. Then on Thursday he ordered military strikes on Iran in response to Iran having downed a U.S. reconnaissance drone. He called off the attack before damage was done, claiming that killing 150 people with his attacks wouldn’t be a proportional response. We don’t know if that cancellation was actually just a stunt to make Trump seem to be a humanitarian, but since Trump is all about the theater of things, it very well could have been just that.

Recognize that Trump is constantly opaque in his dealings, leaving everyone wondering about his motives and goals, and almost certainly he sees the situation with Iran as a pissing contest that he has to win. A lot of his supporters like his kind of brainless muscular response, which drives the danger meter pointer closer to catastrophe.

You better make sure your senators and Congress people stand up to what looks like the newest Gulf of Tonkin fraud, or we’ll get involved in yet another unending middle east war and a lot of people will die.


*Stupid stuff is the blatantly obvious false or misleading statement. It’s the filibustering of a reporter to avoid his/her question. It’s the whataboutism that is designed to avoid having to deal with the truth or to denigrate an opponent. It’s the whole cloth fabrication that comes in a small throwaway line or a sweeping, dramatic denial of reality. Stupid stuff.



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

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

                                                     ————————————

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.

Thanks!


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

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