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waiting for Mueller – the many and varied problems for Trump

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There are undoubtedly billions of worthier subjects to focus on than Trump, but I do find it hard to look away for long from the slow-moving train wreck – and I’m still nursing my prediction that he’ll be out by year’s end. Of course I keep stumbling at obstacles, and anything that gets in the way of justice being the same for everyone seems to me an unnecessary and illegitimate obstacle. Now it’s this ridiculous notion that you shouldn’t charge a President around election time. It’s bullshit. It should be absolutely clear that you should charge any felon precisely when all is in order to charge him, no matter what time of year it is.

But that apparently isn’t how it goes in the USA, and so we have to wait for two whole months to bring charges, assuming this ‘etiquette’ is followed. And then what happens after the mid-term fall-out? Too close to Christmas?

Needless to say, I’m completely opposed to the truly criminal notion that you can’t charge a head of state while in office. Only in America is such a notion even thinkable – a testament to one of the worst political systems in the western world.

Anyway, no sense bemoaning a system that the US Congress, fourth estate and intelligentsia are too jingoistic to even be capable of examining let alone reforming. So instead I’ll focus here on the legal jeopardy Trump finds himself in from various directions, as we wait for the Mueller team to hopefully finish him off.

Firstly the Michael Cohen case. Cohen is currently out on bail awaiting sentencing on eight criminal counts he has pleaded guilty to. According to this article in The Hill, from August 21, Cohen won’t be sentenced until December 12, which seems an eternity to me. It’s expected that he’ll do a fair amount of jail time.

What has this to do with Trump? Cohen was his fixer and I’m not sure how many of the felonies he’ll be sentenced on relate to Trump or his organisation. Some reports claim that more than one felony relates to the 2016 campaign. What is clear is that Cohen seems bent on revenge for the way Trump, who never treated him particularly well in spite of his loyalty, dropped him like a hot potato shortly after Cohen’s offices and home were raided by the FBI. In pleading guilty to one charge of campaign violations relating to the Stormy Daniels payment, Cohen implicated Trump as the person who directed his activities. This should have led directly to Trump’s arrest, but for some reason this hasn’t happened. In any case it stands to reason that whatever Cohen’s sentence on this particular count, Trump’s should be greater, as the ‘Mr Big’ in this case.

Of course Trump’s legal jeopardy from the Cohen direction is probably, or hopefully, more considerable than just the Stormy matter. Cohen struck a plea deal with the SDNY, clearly in the hope of getting a lighter sentence in return for dirt on Trump, but the plea deal seems to have been minimal, most likely because the Mueller team, who are surely in close contact with SDNY, have enough dirt on Trump already (particularly from the raid on Cohen’s offices and home, conducted by the SDNY, but nothing prevents the FBI from sharing information – in fact such sharing is essential), and they don’t like working with criminals if they can help it. Still, they may call on Cohen if they need to, which all spells trouble for Trump. Meanwhile, Emily Jane Fox writes In Vanity Fair (September 11) that Cohen’s attorney is set to meet New York State tax officials who are looking into the Trump Organisation’s finances. Hopefully Cohen will have more damning stuff on that topic. I should also add that it’s this SDNY probe into Cohen that has granted immunity to the CFO of the Trump Organisation, as well as to David Pecker, chief of the National Enquirer, a gutter mag dedicated to spruiking Trump’s ‘qualities’ and to ‘catching and killing’ negative stories about him. So, more legal jeopardy there.

Secondly, on those New York State tax officials. A Washington Post article from July 20 revealed that the state’s tax agency is investigating Trump’s personal charity (sic), the Trump Foundation. New York’s embattled governor, Andrew Cuomo, who appears to have launched the investigation under pressure from constituents, has said that the probe could lead to criminal charges. Trump’s children would be involved as well as himself.

Thirdly, the tax probe comes on the heels of a civil suit, filed in June by the New York Attorney-General, claiming that Trump and three of his children ran a charity ‘engaged in persistently illegal conduct.’ The Attorney-General’s department has been considering pursuing criminal charges, but apparently there’s a race to become the next Attorney-General there, and the Democratic candidates are all promising to go after Trump if elected. They’re hoping to focus on the Emoluments Clause in the Constitution, which is altogether a good thing. Not being well up on how the US electoral system works, I’m not sure how long it will take for this all to be sorted, but it definitely looks like there will be an annihilation of Republicans in the mid-terms, and this Attorney-General race will be caught up in that. So, more trouble for Trump.

Fourthly, the next Manafort trial starts soon, and it involves Russia. Manafort is apparently trying to negotiate a plea deal as I write, one that won’t involve dumping on Trump, and won’t involve actually going through the trial process. It’s hard to imagine that happening. An article in Fortune, out yesterday (September 13) claims that a deal has more or less been struck, but it’s hard to imagine such a deal not involving Trump. This deal may be announced as early as today. Considering that the Mueller team holds all the cards – a slam-dunk set of convictions on the second trial, and the possibility of retrying the ten counts that were left undecided in the first trial, it’s hard to imagine that Mueller wouldn’t have extracted some damning evidence about Trump, the campaign, and Russian money in exchange for any deal. Maybe Trump won’t be touting Manafort as a ‘great guy’ for much longer – but on the other hand, Manafort may just be lookingfor a way to avoid the expense of a court case he can’t win, and he’s hanging out for a pardon from Trump.

And fifthly, the Mueller probe itself. I see it dividing into three parts – conspiracy, obstruction of justice, and financial crimes.

Conspiracy charges will depend on whether Trump and/or his campaign knew about the Russian interference in the 2016 elections, an interference amply documented in the two speaking indictments, in February and July of this year, which together charged 25 Russian individuals and three Russian companies with hacking of servers and hijacking of social media sites to influence the election outcome, entirely in Trump’s favour. No American citizens were charged, but other persons ‘known and unknown’ to the investigators were repeatedly mentioned. The second indictment also raised profound suspicions that the Trump campaign had knowledge of the hacking, because of certain dates matching comments at the time by Trump himself. Apart from this there is the meeting at Trump Tower on June 9 2016, which I personally think is less significant, but about which there have clearly been cover-ups and lies by the Trump campaign and administration, including by Trump himself. It has always appeared to me highly likely that Mueller has an abundance of material on this conspiracy.

On obstruction, although much of the focus here has been on the firing of James Comey for the illicit reason of trying to stop the Russia investigation, it seems clear to me that the relentless public attacks on the Mueller enquiry, the FBI and the DoJ, and the hounding of  specific officers within those departments, are all very serious cases of obstruction of justice, so flagrant and criminal in intent in fact that they should have warranted dismissal from office long ago. These are questions, of course, about the limits to free speech, but one would think that such limits would indeed apply to the Head of State when speaking of cases in which he himself is implicated. The more power you have to influence, the more responsibility you should bear in speaking of such institutions as investigating services, the judiciary and the free press, a matter which should be inscribed in law. In any case it’ll be interesting to see what the enquiry’s findings are on this topic. They should be fulsome.

On financial misdealings and any other bits and pieces of criminality that might be uncovered during the enquiry, There’s potentially a lifetime of stuff there. It’s pretty certain that Mueller has all the tax returns, and knows a thing or two about Deutsche Bank’s dodgy dealings with Trump. This is the most murky of areas, obviously, but there are outstanding financial experts on Mueller’s team who’ll be having a wonderful time joining all the dots.

So who knows when the fireworks will start, but I’ll be happy to be viewing them from a safe distance. Meanwhile I’ll try, really try, to focus on other things for a couple of months.

 

Written by stewart henderson

September 14, 2018 at 4:58 pm

Essai a la facon de Montaigne – a discursive piece, mainly about women

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Mary Somerville, physicist, mathematician, autodidact, genius, now featured on the Scottish ten pound note

I’m at Adelaide writer’s week, in the book tent. I’ve not been to writer’s week for some years. These days I read almost entirely non-fiction, mostly science for the scientifically challenged. I feel as if, over the years, I’ve been suffering the literary version of a gender crisis. You might call it a genre crisis. I’ve been categorised wrongly – I’ve categorised myself wrongly – in the arts instead of the science section. Though of course I want to feel comfortable in both. Mostly I feel comfortable in neither.

I glance at a book called Beyond Veiled Clichés. It looks to be a book about western misrepresentations of women under Islam. Ah, the veil. I’m with Ayaan Hirsi Ali on this, to obsess over women’s headgear misses the point. To me the point is patriarchy.

I loathe patriarchy. I really mean that. I’d like to stab it in the eye and watch it die slowly, writhing in agony. I often have these nasty macho fantasies. The other day I read the opening to Robert Sapolsky’s book Behave, which describes a fantasy of torturing and murdering Hitler. It validates, in some sense, my own brutish fantasies, vis-à-vis Trump, Putin, Stalin, and others I’m ashamed to admit. At least I’ve never had such fantasies about women, which goes to the fact that men are in all cultures more violent than women, and their violence is directed mostly – but far from always – at other men. But I know also that some women have such fantasies; we’re different in degree, not in kind, I hope.

But I wonder if Beyond Veiled Clichés has much to say about patriarchy. Certainly a book called Beyond Patriarchy would interest me more. And I certainly don’t want to get started on middle eastern cultures, our own is bad enough. On the way to writer’s week I passed through the ground floor of a major department store, a cathedral-like space dedicated to the worship of beauty culture, someone’s idea of femininity. Or fem-inanity. Here, and only here, is where I declare myself a new-ager, favouring the natural over all those chemicals. And they don’t even have to reveal the ingredients. Selling a dream that mostly isn’t worth having, at inflated prices. Women’s clothing, hairstyles and other paraphernalia all cost more than their mostly perfunctory male counterparts, yet I can’t help but notice women earn, on average, quite a bit less than men. I’ll be long dead before it all gets overturned, yet I’m confident it will, which will help ensure the survival of the species.

And now it’s International Women’s Day, how coincidental. We don’t have an International Men’s Day, we certainly don’t need one, and that’s the indicator of women’s situation, when there’s no need for an IWD, we’ll have made it. So, a bit of history. March 8 was first mooted as an IWD of sorts way back in 1910, at an International Socialist Women’s Conference in Copenhagen. Unlike women, socialists are a bit thin on the ground these days, so it’s fascinating that in Russia – that country that Putin is so happy to drive backwards at full tilt – March 8 was declared a national holiday in 1917, when women gained universal suffrage. On March 8 of that year, women textile workers held a massive demonstration in Petrograd, which some historians claim to mark the beginning of the Russian revolution. Hoping for another one there soon. But that March 8 date seems to have resonated since 1910. On that date in 1914 Germany held an IWD to promote women’s right to vote, but they had to lose a war first, and women didn’t get the vote there till 1919. Interestingly on that same day, March 8 1914 there was a march in London for women’s suffrage, during which Sylvia Pankhurst was arrested. So, definitely a worthy day.

A day to look back and look forward. And to examine the state of things for women right now. We still have a big problem, in Australia and other advanced nations, with women in STEM (Science Technology Engineering Mathematics) fields. Our 45th parliament is composed of 32% women (44% Labor, 21% Liberal). Compare 31% New Zealand, 29% Canada. These percentages are gradually increasing, not fast enough. A quick look at a government website shows that of 41 front-benchers (ministers, junior and assistant ministers), 8 are women, not sufficient, and of course we’ve only had one PM in our history. In the US congress, again the left outperforms the right in female representation, though by a higher percentage. There are currently 106 women of the 535 reps from both houses – that’s only 19.8%. There’s 79 Democrats versus 27 Republicans, almost a 3:1 ratio. All this is a crude measure of political power, but it indicates something, and it certainly makes me frustrated. I dare not look at the corporate sectors of these nations, where arguably the real power lies. Interestingly, the proportion of female judges across Europe is 51% (as of late 2016), but Britain lags behind (England and Wales 30%, Scotland – my birth country – only 24%). Surprisingly, Romania’s judiciary is 74% female – whuda thunkit? It might be worth doing a deeper dive into this conundrum in the future. Percentages are also high in Montenegro and Bosnia-Hercegovina.

In a report published on March 8 last year, 15 nations had female political leaders, eight of whom were the first female leaders of their countries. Three contentious figures were excluded – Park Geun-hye, South Korean President, who was then being impeached; Tsai Ing-wen, President of Taiwan, presumably because the report is worried about the macho thugs in China, and Aung San Suu Kyi of Burma/Myanmar who is the effective leader but constitutionally barred from bearing that title. So, adding some backbone to the report, it’s fair to say we have 17 national female leaders. Of these, I might single out Sheikh Hasina, current PM of Bangladesh, who has held that position, not without interruption, for 14 years, and Angela Merkel, now in her 13th year as Chancellor of Germany. Nice to see that in the Baltics, both Lithuania and Estonia have female leaders.

Of course we’re still scratching the surface, but it’s worth taking the long view – comparisons with 100 years ago, 200 years ago, etc. I’m speaking to myself here, I’m impatient for change. It’s unlikely we’ll get rid of all the macho thugs soon, no use railing about it, we just have to get on with it, and celebrate and and make a noise about the many great female scientists and artists and teachers and mentors and sacrificers who struggle and endure and sometimes succeed. I hope to feature more of them in future posts.

a heroine of a different kind – the very topical Park Yeon-mi

Written by stewart henderson

March 10, 2018 at 10:53 pm

bubblemouth Trump

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I’ve made the prediction that Trump will be out of office by the end of 2018. Not just defanged, due to next year’s congressional elections, but out on his capacious rump. That’s a hope as well as a prediction of course, but there are various areas from which the end can come. It might be the women’s lobby, with apparently more allegations to come about sleazy sex stuff from bullish males, on top of a current rating of 24% among women for Trump. It might be the Mueller inquiry, and Trump’s attempt to stop it. It might be the backlash from the tax bill thievery, and Trump’s unpredictable and violent response to it, or it might be some entirely new disaster created by Trump’s ‘I alone can fix it’ fantasies. It’s quite likely that some voted for Trump as a joke, to see what would happen if an administration worthy of a Marx Brothers movie took over their country, but for those types the joke has worn thin. Others may have seriously hoped that he would rid their world of all those losers who stopped them from getting ahead. They’re the types who are less easily shifted, because they’d be blaming first all those nasty liberals who are blocking Trump’s policies. However, a realisation of Trump’s basic lack of humanity is starting to trickle down to them, if nothing else ever will. The tax bill is hugely unpopular, and will probably be even more so if it’s enacted. African-Americans and women of all backgrounds are finding their voice. Democrats are winning local elections against Trump’s urging…

But in this post I don’t want to focus so much on Trump’s appeal or his demise, but on his character. In the past I’ve always treated him as a bad joke and so I’ve switched off, either literally or figuratively, every time he came into view. Recently, though, I’ve been focusing on him, as much as I can bear.

So here’s my amateur, and only partial, psychoanalysis of Trump, for what it’s worth. I don’t think anyone would deny that he’s a liar, though the degree of outrage caused by this runs across the whole spectrum. On this topic many have described him more as a bullshitter, taking their cue from Harry Frankfurt’s classic (but not entirely persuasive) essay. Another regular criticism is that he’s not really an adult – the White House cabinet being described as adult day carers, coddling the Prez and hiding many disturbing aspects of reality from him lest he react in uncontrollable and destructive ways.

I certainly agree with both these strains of thought. Children aren’t held to the same standards of truth as adults, as they’re still ‘finding themselves’, seeking to assert themselves in the world. This self-assertion, in early childhood, is seen, generally, as more important than ‘getting things right’ – with some obvious exceptions. I’ve experienced, with great delight, a precociously articulate child at age three or four, telling the most grandiose story of her heroic rescue of a grandparent from a shipwreck at sea. Whether she got this story from a dream or a TV drama or from the immediate environment (at the time I was carrying her along a walkway on a small island smacked by ocean waves), or a combination, I can’t say, but I could see she was relishing her story and her central role in it. I was thrilled by it, and full of wonder at her imagination, and I could also see that she was thrilled by her central role, and the question of the truth of the story seemed irrelevant. My own part was to encourage the narrative.

This child is now a teenager and would be both embarrassed and intrigued by this story, I’m sure. She is a very different person now, and certainly no Donald Trump. But the story of her story is instructive. I think it’s common for young children to confabulate and make themselves the heroes of their lives, until reality knocks them into having a different perspective. But that all depends on upbringing and what we’re allowed to get away with. We often talk of spoiled children, by which we usually mean kids who are over-indulged, never corrected, allowed to get away with all sorts of unacceptable behaviour. And when they’re rich spoiled kids, the damages can be commensurate. Trump clearly fits the spoiled rich kid category, though of course every spoiled kid is spoiled in its own unique way. There are doubtless many ways in which Trump has been spoiled, but one of them is this never-corrected, and probably encouraged, tendency to confabulate, to say things because they’re appealing, either to himself or to his audience, but preferably to both.

Trump loves his own words. They comfort him, they fortify him, they give him a boost, especially when they’re received warmly by others. That’s why, when talking to the press the other day, he spoke as if he was back on the campaign trail, with people chanting and cheering his every sentence. And he loves to contemplate the things he says, because they emphasise his power and glory. For example, when he says aloud, ‘We’re going to rebuild the FBI’, he takes great pleasure in those words. They are magnificent, glorious. And he doesn’t say ‘I will rebuild the FBI’, for that would be too vain, he would be generous and accept the help of others. And when he says ‘the FBI’ he has only the vaguest sense of what that entity is, all he needs to be aware of is that it’s a Big Thing, which it would be mighty to rebuild. He might’ve said ‘we will rebuild the Giza Pyramid (or the Earth, or the Universe) and it’ll be bigger and better than ever’, but that would be to lose perspective. It’s not as if he’s crazy or anything.

So he observes these words coming out of his mouth like beautiful big bubbles, so beautiful to see in his mind’s eye that he’s tempted to repeat them, and often does – ‘it’s terrible what’s happening at the FBI, really terrible. It’s really so terrible.’ You might not think these words are so beautiful, but Trump does. President Trump. They’re his magisterial words, his godlike judgment on the FBI, or the Obama administration, or NATO or whatever. And he has gained this authority through the nation’s reverent acclamation of his magnificence. He will vanquish his enemies, who are hacks, lightweights, losers, such lovely words, such definitive judgments, He’ll say them again….

So that’s Trump, the man who loves towers, who wants to tower, who has now been given the chance to tower over his enemies. And yet, thankfully, he’s managed little in power over the last year, though the terrible tax bill looms large and his damage to the judiciary will outlive him. His beautiful bubbles aren’t enough, he vaguely knows that, though that won’t stop him from producing them – he may finally be reduced to doing nothing else. These bubbles have a truth to him that’s inexplicable to anyone else. When he says, for example, ‘I love China, I’ve read hundreds of books on China’, this has a truth to him which is far more vital and beautiful than actually reading a load of books on China (an activity only fit for drones and lightweights), it describes a new-minted aspiration which is masterfully fulfilled through the act of speaking. Trump’s bullshit is intended to deceive himself first, others second. And it’s not really deceiving, I feel, it’s more delighting, enlivening and consoling, like so many bubbles, as I don’t think Trump has ever gotten beyond the stage of talking for the sake of narrative. For him, truth isn’t really an issue, and that’s why science and evidence mean so little to him. His thought processes never reached that level. He’s stuck with his bubbles.

Another way of saying all this is that a large part of Trump’s conscious activity is that of the pre-schooler who invents adventures for himself and succeeds in all of them, largely oblivious of the world around him. For the sake of that real world, he needs to be cut free from his minders and enablers, and vanquished once and for all.

Written by stewart henderson

December 18, 2017 at 9:50 am

why Obama’s warnings about dictatorship are more than justified

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Watching one of the cable news networks, either CNN or MSNBC – I’ve become interested in the USA’s parlous political situation as a diversion from my own probs – I listened not so attentively to two opposing views on a recent speech given by Barak Obama in which he warned against complacency with regard to creeping dictatorship. This speech has apparently inflamed Republicans, or members of the alt-right, whatever, I’m not too keen on knowing all the distinctions within that country’s disturbing polity. I got a sample of this ‘indignation’ when a right-wing pundit on the show launched into Obama for his example of Germany in the thirties – all those millions of Jews and Enemies of the State gassed, all that racist ideology and disgusting craziness, how incredibly offensive to make such a comparison, right? Obama really showed himself to be the most shameful opportunist, who’d stoop to anything, and how can you possibly compare this Trump administration with such a maniacal mass-murderer and his henchmen, etc etc.

Then the leftist speaker got to respond and it quickly degenerated into a shoutfest. Of course I felt like shouting too, but then I thought of a more dignified response.

Obama spoke calmly and thoughtfully, and yes certainly he was referring to the Trump administration without naming it. And his comparison with the rise of Hitler might have been controversial but what other choice did he have, seriously? What other dictator would’ve meant anything to most Americans? Obama had a choice of dictatorships subverting democracy. In other words, recent dictatorships. He also would’ve known, consciously or unconsciously, that your average American knows less than zero about the history of any country other than their own. So is he going to talk about Franco’s Spain, or Tito’s Yugoslavia, or Suharto’s Indonesia? Not bloody likely, that would be like talking Swahili to an American audience. Hitler was the obvious, really the only choice. And I have to say, I’ve long been pissed off by the ‘never mention Hitler’ taboo in political discourse. He should be mentioned regularly and often, and then again.

Trump has clear and obvious dictatorial tendencies. He rarely if ever has anything positive to say about democratically elected leaders, but he’s passionately in love with Putin, a petty dictator who’s turned his country into an economic basket case, with a GDP almost exactly the same as Australia’s in spite of a population six or seven times the size. Putin tortures and murders his opponents, or steals their money and sends them into exile, where they live in constant fear for their lives. He has likely destroyed any possibility of democracy in Russia for decades, though I try to still be optimistic about that. I have no doubt that Trump is only curbed by the institutions he lashes out at – the media, the courts, the FBI, the Department of Justice, etc, and would love nothing more than to be monarch of all he surveys, with statues and banners devoted to him everywhere. Then he wouldn’t be reduced to empty threats of suing the many women he’s abused, he could simply eliminate them – a much more permanent, and cheap, solution. He wouldn’t have to humiliate himself by begging support for the Roy Moores of the world, he could simply appoint them, as does his great love Putin.

So the point is that today’s joke can become tomorrow’s reality. Recently, Trump has expressed his ‘disappointment’ about not being able to control the Department of Justice, clearly referring to the Mueller investigation. Privately, we hear, he’s apoplectic with rage about it. We hear also about his ‘administration’ trying to set up an alternative CIA, and his lawyers suggesting he can’t obstruct justice by virtue of his position. You want to laugh, but how many of us were laughing at the very idea of Trump’s candidacy?

All of this, it seems to me, results from a political system in which way too much power is invested in one man (hopefully there will be a female Prez some time soon). In this respect, the USA appears to have far less checks and balances than other western political systems. For example, it appears that the US Prez has veto rights over decisions made by the US congress or senate. This would be unthinkable in any other western nation that I know of. There’s also the apparent fact that the Prez is seen as the representative of justice in the country, which is why past Presidents such as Nixon have seemed confused about their relationship to the law – whether they’re above, below or adjacent to it. It’s a farcical but disturbing situation which just doesn’t occur in other western democracies, in which roles and power are more diversified and the leader is very much first among equals. The fact that legal experts are actually debating whether the American President can be accused of obstructing justice is a perfect example of the craziness at the summit of US politics. If the Prime Minister of Australia, or Great Britain, or the Chancellor of Germany tried to argue that they were above the law, they wouldn’t be just thrown out of office, they’d be laughed out of office. They say that power corrupts and absolute power corrupts absolutely; the US President’s power isn’t absolute, but it’s certainly too far on that side of the spectrum.

So Trump is currently pushing an envelope that’s already too large – the envelope of Presidential power. But there are positive signs. Certainly there’s no chance of him being re-elected, with his popularity waning and no real chance of it rising again, with a profoundly serious criminal investigation moving inexorably closer to Trump and his family, and with local elections moving against the Republicans. The tragedy is – and this is yet another problem for the US political system – that when Trump is pushed out of office, which I predict will happen next year, his administration won’t be dumped at the same time, as would happen in just every other democratic country, with fresh elections held. Instead you’d have an entirely discredited administration, led by the super-imbecilic bible-basher Mike Pence or the generally supine Paul Ryan, limping along for another two or three desolate years.

I may have made some mistakes about how the political system works in the USA, as I don’t like to get too close to it (I don’t find the odour appealing), but I do find it tiresome if not laughable when I hear American pundits talking about theirs as the greatest democracy, or their country as the cradle of democracy, etc. I am finding it entertaining at the moment though, with due deference to the poor and the struggling who are truly being done over by their absurd President and his horrendous policies.

 

Written by stewart henderson

December 10, 2017 at 11:09 am

The battle for justice, part 1: some background to the case

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A prosecution should not proceed if there is no reasonable prospect of a conviction being secured. This basic criterion is the cornerstone of the uniform prosecution policy adopted in Australia.

from ‘The decision to prosecute’, in ‘Statement of prosecution policy and guidelines’, Director of Public Prosecutions, South Australia, October 2014

not this movie, unfortunately

I rarely focus on myself on this blog, but now I feel I have to. Today I lost my job because of something that happened to me about 12 years ago. So the next I don’t know how many posts will be devoted to my battle for justice, in the hope that it may help others in a similar situation. Of course I also find that writing is my best solace, as well as my best weapon. I have no financial resources to speak of, all I have is a certain amount of nous.

Between 2003-4 and 2010 I was a foster carer, under the aegis of Anglicare. Over that period I fostered six boys, with naturally varying success.

So why did I become a foster carer? I simply saw an ad on a volunteering website. I was being pushed to do some work, which I’ve always been reluctant to do, being basically a reclusive bookworm who loves to read history, science, everything that helps to understand what humans are, where they came from, where they’re going. And I hate when work interferes with that! But having come from what for me was a rather toxic family background, trying to shut myself from screaming fights between parents, and being accused by my mother, the dominant parent, of being a sneak and a liar, and ‘just like your father’ (her worst insult), and being physically and mentally abused by both parents (though never sexually), and having run away from home regularly in my teen years, I imagined that, as a survivor, I could offer something which might work for at least some of these kids  – a hands-off, non-bullying environment which would be more equal in terms of power than many foster-care situations. Call me naive…

Mostly, this approach worked. I did have to get heavy now and then of course, but not for long, so I always managed to stay on good terms with my foster-kids, as I have more recently with my students. This was even the case with the lad who accused me of raping him.

Let me describe the case as briefly as possible. A fifteen-year old boy was in my care in September 2005. He was much more of a handful than the previous two boys I’d looked after, and when I lost my temper with him during a school holiday trip in Victor Harbour, he took it out on me by claiming to his mother, with whom he spent his weekends, that I’d punched him on the back of the head. This was false, but his mother took the matter to the police, and the boy was immediately taken out of my care.

After an internal review conducted by Anglicare I was cleared of any wrongdoing, to their satisfaction at least, and another boy was placed in my care. Then, sometime in early 2006, this boy was secretly whisked out of my care, and I was informed by Anglicare that a serious allegation had been made against me. I was in shock, naturally thinking this new boy had also accused me of some kind of violence, but I was finally informed by the Anglicare social worker who’d been overseeing my placements that ‘it isn’t your new foster – kid’. The penny dropped more or less immediately that it was the same boy who’d accused me of hitting him. This boy, as far as I was aware, was now living happily with his mum.

I was left in limbo for some time, but eventually I received a message from the police to go to the Port Adelaide police station. There I was asked to sit down in an office with two police officers, and informed that I was under arrest for rape.

I was somewhat taken aback haha, and I don’t recall much of the conversation after that, but I think it went on for a long time. I do remember one key question: if the boy’s lying, why would he make such an allegation? I had no answer: I was unable to think clearly, given the situation. But later that night, after my release on bail, an answer came to me, which might just be the right one. When the boy was in my care, the plan was to reconcile him with his mother, who put him in care in the first place because she couldn’t cope with him. I knew his mother, as I met her every weekend for handover. She was highly strung and nervous, and it seemed likely she was again having trouble coping with full-time care. Quite plausibly, she was threatening to return him to foster care, which he wouldn’t have wanted. She allowed him to smoke, she allowed him to hang out with his mates, and her environment was familiar to him. To him, I would’ve seemed boringly bookish and unadventurous. What’s more, his claim that I’d hit him had worked perfectly for him, getting him exactly where he wanted. Why not shut the door on foster care forever, by making the most extreme claim?

I don’t really know if this sounds preposterous to an impartial reader, but this answer to the riddle struck me as in keeping with what I knew of the boy’s thinking, and it was backed up by a remark he made to me, which soon came back to haunt me. He said ‘my mum’s friend told me that all foster carers are child molesters…’. It was the kind of offhand remark he’d often make, but it was particularly striking in light of something I was told later by my lawyer. Apparently, the boy didn’t tell his mother directly that I’d raped him, he’d told a friend of his mother, who’d then told her.

So, after the sleepless night following my arrest, I felt confident that I knew the answer to the key police question. I typed it up and took it forthwith to the Port Adelaide station (I didn’t trust the mail). How utterly naive of me to think they’d be grateful, or interested! I received no response.

So I obtained a lawyer through legal aid, or the Legal Services Commission. At the time I was dirt poor: I’d received a stipend as a foster carer, but that had stopped. Otherwise I worked occasionally as a community worker or English language teacher, mostly in a voluntary role. From the moment I was charged I spent many a sleepless night imagining my days in court, heroically representing myself of course, exposing contradictions and confabulations, citing my spotless record, my abhorrence of violence of all kinds, etc, etc. So I was a bit miffed when my lawyer told me to sit tight and do nothing, say nothing, and to leave everything to him. Standard procedure, presumably. The case passed from hearing to hearing (I don’t know if that’s the word – at least there were several court appearances), over a period of more than a year, and every time I expected it to be dismissed, since I knew there was no evidence. It had to be dismissed, there could be no other possibility. The only reason it had become a court matter in the first place, it seemed to me, was the absolute enormity of the allegation. But how could this possibly be justified? But I had to admit, the boy had, more or less accidentally, stumbled on the perfect crime to accuse me of – a crime committed months before, where there could be no visible evidence one way or another… It was all very nerve-wracking. And I was very annoyed at the fact that the DPP (the Office of the Director of Public Prosecutions) seemed to have different lawyers representing it at every court appearance, and mostly they behaved as if they’d only been handed the brief minutes before.

Finally I arrived at the lowest point so far – an arraignment. I didn’t know this (my last) appearance would be an arraignment and I didn’t know what that was. I just expected yet another appearance with a handful of yawning court officials and lawyers in attendance. Instead I found a packed courtroom.

Arraignment is a formal reading of a criminal charging document in the presence of the defendant to inform the defendant of the charges against him or her. In response to arraignment, the accused is expected to enter a plea.

In Australia, arraignment is the first of eleven stages in a criminal trial, and involves the clerk of the court reading out the indictment. (WIKIPEDIA)

The reason the courtroom was packed is that several arraignments are processed in the same courtroom on the same day, so there were several accused there with their friends and families. Unfortunately, I was solo. On my turn, I was taken out to the holding cells and brought in – some kind of ceremonial – to the dock. The charge was read out (I’d already been given the ‘details’ by the lawyer, so I barely listened to it) and I was asked to plead, and the judge told the court, to my utter amazement, that I was adjudged to have a case to answer.

So it was perhaps even more amazing that, a week or two after that appearance, the case was dropped.

 


 

Written by stewart henderson

November 11, 2017 at 7:34 pm

three quite pleasurable little rants and rallies

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Bai Ping Ting

on Chinese women, fantasy and reality

I’ve been watching The General and I, a charming if generally ludicrous multi-million dollar Chinese historical fantasy series about a woman whose leadership abilities all men defer to. Fat chance of that happening in the real China, where the dictatorship of macho thugs has reigned supreme for decades. But could today’s fantasy – minus all the superhero powers – ever become tomorrow’s reality?

China, like every other country, has traditionally been highly patriarchal, and to be fair the dictatorship (I refuse to endorse the charade of calling the country a people’s republic) is moving with the times in calling for greater gender equality. However the political reality is clear. China’s dictatorship is essentially based on the nine members of the ‘Politburo Standing Committee of the Communist Party’, and of course these individuals are regularly replaced over time. No woman has ever been Standing (or even Sitting) on this Committee, and according to Wikipedia, ‘since 1997, China has fallen to 53rd place from 16th in the world in terms of female representation at its parliament, the National People’s Congress, according to the Inter-Parliamentary Union’.

Soong Ching-ling

It’s a disastrous situation, especially considering that in terms of women in the workforce, China is one of the world’s most egalitarian nations, outdoing the USA, Japan and many other developed countries. There seems to be little motivation to encourage women into the really important political jobs – the jobs they’d be best suited for as the more collaborative gender, and Angelababy’s Bai Ping Ting (actually not the most collaborative of females) is unlikely to change the situation. There doesn’t seem to be any woman of anywhere near the political stature of Cixi or Soong Ching-ling today. So I’d urge the smart women of China – there are millions of them – to rise up and demand their government to open its doors and let them in. They can’t do a Tianenman Square on you this time!

Cixi

 

on the archbishop of everywhere and nowhere

The same-sex marriage/marriage equality no-brainer has dragged on for far too long here. The other day I heard a fat archbishop of somewhere-or-other being introduced by the ABC to put the nope case. He started on about marriage being meant to be between a man and a woman, and I switched him off. Ahhh, but to have spent some time alone with him…Ok, I’d promise to have my hands tied behind my back. I’d ask him, how may female archbishops are there, mate? I mean, throughout history? In round figures? How many female bishops? Cardinals? Popes? You don’t think that’s relevant? Are you prepared to admit that your organisation’s hierarchy is extremely patriarchal? Like, the most patriarchal institution in the western world by a million miles? No, don’t blether on about your Mamma Superiors, I’m talking about the big decision-makers, you know that. And have you noticed how the most patriarchal societies in the world – look at the Middle East, Africa, parts of Asia and Eastern Europe – are also the most homophobic? You think that’s coincidence? Bullshit, patriarchy and homophobia hang together like a pair of testicles, and if you were a female archbishop, as you should be, you wouldn’t be sitting there spewing shit. But no, the Holy Roman Catholic and Apostolic Church would rather collapse under the weight of its own criminality than appoint a female to high office. So let me now turn to women everywhere, but especially to educated women who identify as Catholic. What the fuck are you thinking? How can you sleep at night? How can you more or less passively support the most retrograde and destructive institution in the western world? If you haven’t the sense to recognise your own interest, do it for other women, straight or gay, religious or no, and make a stand, surely you can do no other.

don’t ban, just abandon

 

on the history of marriage

‘Marriage has always been between a man and a woman, and I see no reason to change it.’ These, from memory, were the words of our former PM Julia Gillard, who was otherwise a good leader. Of course, even it it were true that marriage had always been between blokes and sheilas, that wouldn’t be sufficient reason to continue with that exclusive system. It’s a bit like saying ‘blacks have always had to sit at the back of the bus and use the back entrance and eat the leftovers…’ But has marriage always been between men and women (or little girls)? Or even between humans (I’m sure I’ve heard of a few blokes marrying horses and such). Who of us has witnessed the first marriage? Or the second or the fiftieth or the 500th? Where and when did they take place? Ten thousand years ago? Fifty thousand? Presumably at the time of mitochondrial Eve, some 180-200,000 years ago from memory, humans – and she was most definitely Homo sapiens – didn’t marry. There was little need for it as far as I can see, as there wouldn’t have been much in the way of property to protect and hand down to your legitimate heirs. And that’s interesting because, since mEve definitely had children, and we’re all descended from them, that makes us all bastards.

We don’t even know if humans were particularly monogamous at that time – we know sweet FA about their sexual liaisons, though it seems likely they were more free and easy than they are now – together with plenty of fighting over best mates. Of course the romantic in me likes to think that a twist of fate could’ve taken us the way of the bonobo, but there’s still time, and I’ll fight for that twist for the rest of my days. Meanwhile, marriage, if we must have it (and I’d rather not) is always what we make it, and making it as inclusive as possible is surely the best for us, and will maybe bring us full circle…

love isn’t blind, just blinkered

Written by stewart henderson

September 27, 2017 at 10:53 pm

solving the world’s problems, one bastard at a time..

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Canto: Let’s talk about something more gripping for a while. Like, for example, the global political situation.

Jacinta: Mmmm, could you narrow that down a bit?

Canto: No, not really… Okay, let’s take the most politically gripping issue of the moment, the possibility of nuclear annihilation for thousands of South Koreans or Japanese – and then North Koreans – due to the somewhat irresponsible launchings and detonations of massively destructive weaponry by a guy who we can reasonably assume to be intoxicated with his own power – and I do believe power to be the most toxic and dangerous drug ever conceived. And then we can talk about all the other issues.

Jacinta: Well as for the Kim jong-un issue, I suspect I can speak for a lot of people when I say I oscillate between dwelling on it and dismissing it as something I can do nothing about. What else do you want me to say. To say I’m glad we’re not in the way of it all would seem inhumane…

Canto: Do you have any solutions? What should we do from here?

Jacinta: We? You mean ‘the west’? Okay, from here on in, I’d cease all direct communications with Kim – all threats, all comments, everything. That only seems to make him worse.

Canto: But it can hardly get worse. Don’t we need to act to remove his threats, which are a bit more than threats?

Jacinta: Well of course the best solution, out of a bad lot, would be to have him disappear, like magic. Just deleted. It’s impossible, but then I’ve heard some people do six impossible things before breakfast.

Canto: He’s only 33 apparently, and according to Wikipedia he’s married but childless…

Jacinta: I’m not saying deleting him would be a good option, it’d presumably cause chaos, a big power struggle, a probable military takeover, unpredictable action from China, and all the weaponry, such as it is, would still be there. And we have no idea how to do it anyway.

Canto: I’m sure they have some plan of that type. The CIA’s not dead yet.

Jacinta: Yeah I’m sure they have some back-drawer plan somewhere too, but I wouldn’t misunderestimate the incompetence of the CIA.

Canto: So what if we follow your do-and-say-nothing policy? Don’t aggravate the wounded bear. But maybe the bear isn’t wounded at all. NK just detonated something mighty powerful, though there’s some controversy over whether it was actually thermonuclear. Anyway it’s unlikely the country just developed this powerful weapon in the few months that Trump has been acting all faux-macho. Who knows, this may have taken place if Clinton or someone else was in power in the US.

Jacinta: Interesting point, but then why are so many people talking about tit-for-tat and brinkmanship? They may have had the weapon, and maybe a lot more, but Kim’s decision to detonate it now, to show it, seems to have been provoked. It’s classic male display before a rival. Think of the little mutt snapping at the mastiff’s heels. Fuck you, big boy, I’ve got teeth too.

Canto: Yeah, but this little mutt has teeth that can wipe out cities. In any case, now he’s been provoked, and it’s unlikely that Trump and his cronies are going to damp down the belligerent rhetoric, the rest of us seem to be just sitting tight and waiting for this mutt to do some damage inadvertently/on purpose, and then what will happen? Say a missile goes astray and lands on or near a Japanese city? Untold casualties…

Jacinta: I think China will be key here. Not that I have any faith in the Chinese thugocracy to act in any interest other than its own.

Canto: Or the Trumpocracy for that matter.

Jacinta: I suspect China might step in and do something if it came to the kind of disaster you’ve mentioned. Though whether they have a plan I don’t know. I wouldn’t be surprised, actually if they’re having urgent closed-door talks right now on how best to take advantage of the crisis.

Canto: Well don’t worry, Trump and our illustrious leader are have a phone call today to sort it all out.

Jacinta: I’m really not sure what there is to talk about. An American first strike would have horrific cascading effects, and upping the tempo of military exercises in the neighbouring regions will just make Kim more reckless, to go by past experience. So if we don’t have any communication directed at him, he might continue with building bombs, but he would’ve done that anyway. So, though we’re not making matters any better, neither are we making them worse, which we are doing by goading him. Meanwhile we should be talking around NK. It’s like the elephant in the room. No sense talking to the elephant, he doesn’t speak our language (actually that’s a bad example, as intelligent mammals elephants have a lot in common with us…). Anyway we should be talking to significant others to try to build a team that can deal with the elephant.

Canto: Teamwork, that seems highly likely.

Jacinta: Yeah, I know everyone has a different agenda with regard to the elephant, but surely nobody wants to see anyone nuked. And the US shouldn’t be wasting its time talking to Australia, though I suspect Trump will be talking to Turnbull re troop commitments rather than any serious solution.

Canto: And by the way, we’re talking about Trump here, he’s never going to quit with the macho bluster. That’s a given.

Jacinta: All right so all we can do is hope – it’s out of our hands. But it seems to me that all his advisers are telling him a first strike isn’t an option, so maybe he will listen.

Canto: Maybe he’ll listen about the first strike, but he won’t stop the bluster and the goading. So Kim will continue to react by testing missiles and such, until something goes horribly wrong, and Trump will feel justified in delivering a second strike, and things’ll get very bloody and messy.

Jacinta: Okay, you’re getting me depressed, but if I can return to teamwork, the thing to do is get the team on board – the UN as well as the key players, China, Russia and of course South Korea and Japan. That means putting aside all the bad blood and really working as a team.

Canto: To do what? Get NK to stop producing nukes? Putin has already said that would be a no-goer, given their position.

Jacinta: Right, so that would be a starting point for discussion. Why does Putin think that, and what would be his solution, or his advice? And China’s? I’m assuming everybody’s uncomfortable about NK, though some are clearly more uncomfortable than others. So get a discussion going. What does Russia think the US should do about NK? What does China think Russia should do? Does anyone have good advice for South Korea?

Canto: You’re being hopelessly naive. I suspect Russia and China would approach this issue with complete cynicism.

Jacinta: Well let’s be well-meaning rather than naive. I think we’re inclined to be a co-operative species. I think cynicism can dissipate when confronted with a genuine desire to listen and co-operate. You know I’ve described all of the main actors here – Trump, Putin, Li Keqiang and his henchmen, and of course Kim Jong-un, as macho scumbags and the like, but maybe its time to appeal to the better angels of their natures, and ours, to find a peaceful resolution to this mess.

Written by stewart henderson

September 6, 2017 at 12:22 pm