an autodidact meets a dilettante…

‘Rise above yourself and grasp the world’ Archimedes – attribution

Archive for the ‘impeachment’ Category

situation USA 3: the right i word

with 2 comments

Nancy Pelosi – trying to make the best of a bad system

I’ve been saying from the start that impeachment – thankfully not a part of the Westminster system – is a hopelessly politicised process, and that someone like Trump should be dealt with by straightforward, clear-cut law. Unfortunately, when it comes to white-collar crime – which is far from being victimless – the USA doesn’t set a great example. Though of course it’s not the only democratic nation to fail in this regard. However, Trump has pushed white-collar crime about as far as it can go without consequences. Just about all he has going for him presently is Presidential immunity. That’s why his principal aim right now is to extend that present as far into the future as possible, and that’s why I’m predicting that things will get worse. He won’t give up the presidency without a very ugly fight.

Nancy Pelosi has been in a friendly-fire fight with Jerry Nadler over the right i word. She says it’s imprisonment, and of course I agree with her. The USA needs to create clear law wiping out presidential immunity ASAP if it’s to regain the respect of the international community, but of course this won’t be possible until 2021. In the meantime, the House should continue to build its case against Trump, just as law officials are doing outside of Congress.

CNN ‘Editor-at-large’ (what does that mean? Editor who should be in prison?) Chris Cillizza has written a strange and quite silly piece, saying Trump’s imprisonment is ‘not likely’. His first point is that Pelosi, by bringing up the right i word, is trying to show Nadler and others that, by opposing the rush to impeachment, she’s not being soft, but realistic. It’s indeed an incredible thing that the Senate Republicans are largely choosing to stand by their flim-flam man, but it’s a fact, and proof of the tainted, politicised process that impeachment is. But Cillizza then describes this word as a ‘rhetorical grenade’. Rubbish, I say. The fact that Trump is still President-at-large is a disgrace. For a start, he’s not an ‘unindicted co-conspirator’ in the SDNY case which saw his fixer plead guilty on two felony counts. I realise this a term of legal art, but it completely misrepresents the situation, in which Trump was the boss and Cohen merely the gofer. And of course the campaign violation stuff is just the tip of the iceberg.

Cillizza then instructs his readers with this gem of wisdom:

Remember that impeachment and indictment are two very different things. The first is a political process, the second is a legal one.

Wow. Is he addressing 10 year-olds or is he one himself? Anyway, he goes on rather long-windedly to point out that impeachment won’t work due to the GOP Senate majority and the two thirds rule. I’d be even more brief. Impeachment is gobshite. Only in America (ok – also in South Korea, Taiwan, Brazil and any other country fool enough to follow the US system).

Cillizza goes on to ‘examine’ the possibility of imprisonment. It’s more of a glossing over, however, than an examination. The Mueller Report itself evaluates ten cases of obstruction of justice, some of which are strong enough to have over 700 federal prosecutors (as of a month ago – the number keeps rising) sign a letter baldly stating that Trump would face ‘multiple felony charges’ on obstruction alone if he was not President. What this says about the totally stuffed federal political system of the USA should indeed be clear to any wide-awake 10 year-old. Then there are the 16 or so criminal probes involving Trump, his foundation, his taxes, his inauguration, his emoluments violations, his anti-immigration horrors (his worst crimes while in office), his links with Russia and the Middle East, the Deutsche Bank money laundering scandals etc etc. It’s abundantly clear that Trump is a pre-teen spoilt brat turned career criminal – because, given his background, he couldn’t succeed at anything else. But a spoilt child, like a spoilt dinner, doesn’t spoil itself. It’s spoilt by its ‘makers’, and I’m not talking about gods. I’m talking about parents and environment and other early influences. So Trump isn’t to blame for becoming the US President, and making the US Presidency the object of global scorn and opprobrium. The fault lies with the US political system itself. The USA allowed this fainéant to become its President (not forgetting Russia’s sly assistance), because it takes pride in allowing anyone to become President. No screening for party allegiance, no screening for legal or political or historical literacy, no screening for business integrity or acumen, no screening for any kind of competence whatsoever. And instead of assuring the world – noting that we’re talking of the world’s most powerful nation, economically and militarily – that with great power comes great responsibility – it teaches us that, in the US at least, with great power comes great immunity.

But let’s get back to Cillizza’s piece. Here are his concluding remarks.

To be clear: Neither impeachment nor arrest is a sure thing. In fact, neither are even long shots. We are deliberating between something that is very, very, very, very unlikely to happen and something that is very, very, very, very, very unlikely to happen. But between impeachment and imprisonment, the former is the far more viable option. No matter what Pelosi wants.

As I’ve made clear, I have no interest in impeachment, but Cillizza is arguing – or, rather, stating, that imprisonment is a virtual impossibility for this career criminal, in spite of all the evidence piling up against him – which will always amount to a mere fraction of his wrong-doing. And yet, my impression is that Cillizza’s as jingoistic about ‘the leader of the free world’ and ‘the light on the hill’ as most Americans. The proverbial frog in the slowly boiling water comes to mind. If Trump escapes imprisonment, then surely that frog is doomed.

References

https://edition.cnn.com/2019/06/06/politics/nancy-pelosi-trump-prison/index.html

https://www.washingtonpost.com/powerpost/pelosi-tells-colleagues-she-wants-to-see-trump-in-prison-not-impeached/2019/06/06/afaf004a-8856-11e9-a491-25df61c78dc4_story.html?utm_term=.4907d39b22c7

https://www.wired.com/story/trumps-world-faces-16-known-criminal-probes/

View at Medium.com

Written by stewart henderson

June 9, 2019 at 3:33 pm

situation USA 2: reflections on the Mueller Report and more recent events

leave a comment »

I’m listening with moderate interest to Sam Harris’s recent interview with a legal journalist, Benjamin Wittes of Lawfare, about the Mueller Report. Harris and I share a total abhorrence of Trump, but Harris gives the appearance of being apologetic about it, presumably because he’s an American and a Big Name with a large following, a percentage of whom are Trumpets, who either follow Harris because of his castigations of the Left and identity politics, or just like trolling and giving him a hard time. So it’s no surprise that he’s been avoiding the Trump disaster over the last year or so, and focusing largely on more positive stuff.

However, with the Mueller Report all done, and Trump so far from done, he’s found an expert to dive into the report’s findings and implications. I’m not a lawyer of course, but I’ve read the report and, no doubt like many other such readers, I feel smugly annoyed at the way it has been misrepresented by both sides of politics.

I’m broadly in agreement with Wittes’s analysis of the report, even if I find the legalistic tone a little obfuscating at times, given the nature of the crisis created by Trump’s advent. One thing, though, I continue to be disappointed about – and this is common to most legal analyses I’ve heard, is a kind of dithering or a throwing up of the hands vis-a-vis ‘the indictment of a sitting President’.

Trump should now be in prison for the campaign finance violations he directed Michael Cohen to commit (and would be if he had lost the election). It seems to me grossly unjust that Cohen – though he did commit other crimes – should go to prison for two felonies related to payments Trump arranged to be made to women he had secret relations with, and one crime of lying to Congress about Trump’s financial dealings in Russia, without Trump also being charged and convicted. Cohen was sentenced to 3 years’ prison all up, and it appears impossible to separate the sentences for crimes directed by Trump from other sentences, but it’s certain that Trump, as the ‘Mr Big’ who hired Cohen, should receive longer sentences than Cohen for those particular offences. Presumably he will be charged and imprisoned when he leaves office – for these any many other crimes. If he isn’t, this will simply add to the USA’s well-deserved global disgrace. 

Anyway, the interview takes the Mueller Report’s findings in order, first its release and the behaviour of Barr, then volume one and collusion/conspiracy, and then volume two and obstruction. 

Wittes first defends Barr regarding the delayed, redacted release of the report. He describes the redaction process as ‘labour-intensive’ and time consuming, so that the near 4-week lag from the completion of the 400-plus page document to its release was justified. He also feels that the redactions themselves were by and large reasonable (something that can’t really be determined until we get to read the unredacted version). My essential quibble with this claim is that everything I’ve learned about Mueller, through reading the report itself and through listening to those who know him and have worked with him, is that he is meticulous and thorough in all legal matters. So it seems to me more or less certain that he would not have handed the report over in unredacted form. Of course Barr would’ve received the unredacted report as Mueller’s boss, but Mueller surely would’ve given detailed indications of what the redactions should be, and why those redactions should be made. Had Barr accepted those indications holus-bolus the report could’ve been handed over to Congress and the public almost immediately. There are two other reasons why Barr may have wanted to delay. First, to intrude further into the redaction process (in Trump’s favour), and second, to delay for the sake of delay, hoping that the commotion might die down, that ardour might cool even slightly, and even to delay the inevitable (as the Trump administration has been doing since). 

Wittes next talks about the letter Barr wrote soon after receiving the report, and its distortion of the report’s content. This of course relates to the delay in the release of the report, because Barr’s summary, which he later tried to argue wasn’t a summary, seemed to exonerate Trump of all crimes, allowing Trump and his administration to claim complete innocence. The duplicitous ‘summary’, which Mueller himself criticised severely in a letter to Barr, seems further evidence that Barr’s delayed release of the redacted report was strategic. The duplicity is revealed, as Wittes points out, in an analysis of Barr’s selective quotes from the report, published in the New York Times. Having just read the letter myself, I find this quote particularly disturbing: 

Deputy Attorney General Rod Rosenstein and I have concluded that the evidence developed during the Special Counsel’s investigation is not sufficient to establish that the President committed an obstruction-of-justice offense.

Having read volume two of the report, and listened to many legal analysts discussing it, I find this pretty astonishing. You’d have to wonder what could constitute obstruction, according to Barr (though the answer is pretty evident from his 19-page letter on the matter which got him appointed A-G in the first place). As to Rosenstein, his role in the administration is being reassessed in the light of this endorsement.

But now I need to interrupt this analysis in the light of a recent brief press conference held by Mueller. He has used this platform to stress the finding that, due to Department of Justice policy, charging the President with a crime was ‘not an option we could consider’ – that’s to say, it was never on the table from the start. This, presumably, regardless of the crime – murder, rape, grand larceny, treason, no crime is so heinous that it needs to be dealt with pronto. Instead, Mueller refers to his introduction to volume 2 of the report. Here is the essential message from Mueller’s presentation:

If we had confidence that the President clearly did not commit a crime, we would have said so. We did not, however, make a determination as to whether the President did commit a crime. The introduction to volume 2 of our report explains that decision. It explains that under long-standing department policy a President cannot be charged with a federal crime while he is in office. That is unconstitutional. Even if the charge is kept under seal and kept from public view, that too is prohibited. The Special Counsel’s office is under the Department of Justice and under the regulation it was bound by that department policy. Charging the President with a crime was therefore not an option we could consider. The department’s written opinion explaining the policy makes several important points that further informed our handling of the obstruction investigation…. First the opinion explicitly permits the investigation of a sitting President because it is important to preserve evidence while memories are fresh and documents available…. And second the opinion says that the Constitution requires a process other than the criminal justice system to formally accuse a sitting President of wrong-doing.

The words in italics are, importantly, Mueller’s emphases. As just about every pundit agrees, Mueller has emphasised this part of the report very deliberately to indicate that, now, that other process should take over. That’s to say, congressional oversight or impeachment.

But what Mueller and almost everyone else in the USA doesn’t get, is that this other process is fundamentally flawed because it is a political process. It is simply wrong to shirk the legal responsibility of dealing with legal issues, for one person only – the POTUS. It is, in fact, corrupt, to a degree that is so screamingly obvious to an outsider like me, that I feel like committing the whole nation to an institution for the criminally insane. And if the US Constitution permits this, so much the worse for that constitution. I must admit to being sick to death of the US Constitution being referred to in reverential and worshipful tones by Americans. It seems to make critical analysis impossible, almost treasonous. In any case, the implication of not being able to charge the President with clear-cut criminal behaviour, is this – with great power comes great immunity.

By not dealing directly with Trump’s criminality, or Presidential criminality in general, for whatever lame historical reasons, the Department of Justice has handed this situation over to partisan players, most of whom are not qualified or educated in law. This is wrong. And I’ve not heard a single US ‘expert’ point this out. To describe this as extremely frustrating is a vast understatement. I note that Mueller uses the weasel term ‘wrong-doing’ instead of crimes, to try to get the DoJ off the hook. It won’t do. Trump has committed crimes. His ‘fixer’ is in jail for some of them, and most lawyers happily say that they would win convictions for others. This whole sorry situation will damage, deservedly, the USA’s reputation for a long time into the future. Permanently, in fact, until it gets it the criminal liability of its all-too powerful leaders sorted out. Currently their President is above the law, and that’s the example they’re setting for heads of state everywhere.

Written by stewart henderson

May 31, 2019 at 8:38 am