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The boy in the white palace 4: extortion for dummies

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Beneficence is always free, it cannot be extorted…

Adam Smith

Jacinta: I’ve been bemused by the sloppy way, IMHO, that the boy king’s adversaries – the Great Patriots – are handling their strategy for the defence of the realm. Some are still using the Queer and Daft (Q&D) term quid pro quo, as if that’s going to be an effective rallying cry for the country’s GPs. In fact it’s so feeble that the boy’s courtiers and epigones are happy to use it themselves, saying quid pro quos are great things, very handy for the MAGA cause….

Canto: Yes but I do notice that some of the more quick-witted GPs are almost at the point of considering, in a consistent way, a more obviously criminal term for the lad’s crimes. Whoduv thunk it? Unfortunately they’re not quite sure which crime to bruit about.

Jacinta: And Q&D terminology is still de rigueur for many, especially the courtiers and epigones. The two more serious, and accurate, terms for the crimes being particularly focussed on – re impeachment….

Canto: And impeachment’s a process we’re going to have to deconstruct – to use a shitty po-mo term most appropriate for the occasion – in another post.

Jacinta: Indeed – the two crimes being whispered way too softly by the GPs are bribery and extortion, with bribery being, unfortunately, the most favoured. But the Great Patriots are wrong.

Canto: That’s bad.

Jacinta: I think the only reason they prefer bribery is because, apparently, it’s in the SACUSA…

Canto: Scusi?

Jacinta: What? Oh yes, dummy, the Sublimely Awesome Constitution of the USA. Get out from under your rock, mate. It’s apparently mentioned in the SACUSA as one of the high Crimes and Mis Demenours you’re not allowed to consort with. We’ll look into that later. But I think extortion’s the thing, to set before the wee king, because, well, it’s much more nasty-sounding. I also think it’s more accurate. Off the top of my head, it’s about demanding money – or a thing of value – with menaces. And the boy king doesn’t need money – he’s been rolling in it since he was in his nappies, according to the New York Times. He’s far more in need of something to trounce his enemies, so that he can stay in the White Palace until he’s all growed up – and that’s a long long time.

Canto: Is he still in his nappies d’you think? I’ve heard rumours…

Jacinta: Well, I don’t think I’d have the stomach for that piece of investigative journalism, but it would certainly raise a stink if that were true. But here’s the thing. Ukraine has a new leader, with an overwhelming mandate to beat off Madame Putain and fight internal corruption. It’s a vastly important, and simply vast, country lying between La Putain and his or her designs on Europe, and it desperately needs an alliance with the USA, Europe and any other region it can ally itself with, but their President, when he came to office, hadn’t yet cottoned on to the fact that the USA is an ex-democracy and that its wee king had googly eyes for La Putain. ..

Canto: So he was ripe for extortion, I get it. The boy loves La Putain and wants to be like him, master of all he surveys, so he wants to have the Ukraine slay his rival, so he menaces them with a range of shite – saddling the country with being behind interference in his ascension to the throne in 2016, refusing to have an alliance with it, and with-holding funds and weapons, in the hope that La Putain will invade, slay the putative wrong-doers and share the spoils with the wee laddie.

Jacinta: Yeah, something like that. But let’s just get back to demanding a thing of value with menaces. I think it’s pretty straightforward.

Canto: Yes, others use the term coercion, but it’s the same thing, and it definitely applies in this case. The boy’s courtiers even drafted exactly what they demanded the Ukrainian Prez had to publicly say about the poor wee Biden boy and his nasty papa.

Jacinta: It’s time to look more closely at what the SACUSA has to say on the matter. Impeachment gets a mention very early on (Article 1, Section 2), but the nub of the matter is expressed, albeit briefly, in Article 2, Section 4, entitled ‘Disqualification’:

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

So only two actual crimes are specified, which is a wee bit disappointing for dealing with the Most Powerful King in the Multiverse – but I don’t want to get into the impeachment disaster here, we’ll save that for another post. For now I’ll just say that ‘high Crimes and Misdemeanours’ however vague, was surely meant to cover more than nothing, and extortion sounds pretty lofty as crimes go. So let’s look more closely at extortion.

Canto: I have one dictionary definition here: ‘the practice of obtaining something, especially money, through force or threats’. Sounds like just the Right Thing.

Jacinta: Yes, and what the boy-king wanted to obtain was far more valuable to him than all the gold in Ukraine….

Canto: Encyclopedia Brittanica gives the definition as ‘the unlawful exaction of money or property through intimidation’, but in an article about white-collar crime it describes extortion as ‘a threat made to obtain a benefit from either a private individual or a public official’, and the threat here made by the boy and his courtiers, was ‘if you don’t invent something to besmirch the reputation of my domestic enemy, or announce that he has a reputation as a criminal, you will have no alliance with our mighty kingdom, no aid or support in defeating your enemy, La Putain (my own true love), and your people will die in great numbers, crushed by his or her mighty fist’.

Jacinta: Hmmm. A more clear-cut and extremely serious case of extortion could hardly be found. A girl-boy lawyer would win the case with a few hours’ training, except that the king is apparently above all law. He’s only subject to the law’s feeble sibling, impeachment.

Canto: I note that one of the Royal lad’s acolytes, one Nikki Hayley, has sought to churlishly dismiss the affair by pointing out that Ukraine finally received the aid, so no problem. However, the above definition points out that the threat is the crime, not the success or otherwise of the threat.

Canto: It also should hardly need pointing out that Ukraine finally received the promised aid because the scheme against the country was being leaked out – the lad’s courtiers had learned about the whistleblower complaint – not because there was a change of heart. In fact it’s widely believed that mirabile dictu, the withered boy has never managed to develop a heart, the poor sod.

Jacinta: That’s ridiculous, a piece of fantasy emanating from the Deep Kingdom….

Canto: We should operate on the boy to find out – we need real, pulsating evidence. I’m even prepared to do it under anaesthetic. I’d like him to do us a favour though…

Written by stewart henderson

November 10, 2019 at 11:13 am

the boy in the white palace 2: thoughts on Judge Howell’s decision in the Columbia District Court

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Beryl A Howell, Chief Judge, District Court of Columbia

Canto: So I’ve read the decision by the Chief Judge of the District Court of Columbia, which waved away the claims of White Palace lawyers, representing their Department of Justice (DOJ), ‘that existing law bars disclosure to the Congress of grand jury information’. Now, neither of us are lawyers, and I’d never heard of a grand jury before being drawn like a ghoul to the disaster of the bullish boy in the White Palace china shop – so reading this decision has been another of those steep learning thingies.

Jacinta: Yes, the grand jury concept does sound very grand, and a bit Olde Worlde, and I’ve discovered that it’s essentially an obsolete British thing, going back to Magna Carta at least, but now fallen into disuse except in two countries, the Grande Olde US of A, and, would you believe, Liberia. They appear to be a blunt tool of government, and another ‘only in America’ thing, almost. Here’s what an Australian academic blog, the conversation, has to say about it:

The main concerns about the process are that it is run by the prosecutor, no judge is involved, jurors are not screened for bias or suitability, the defendant is not present or represented, the prosecutors and grand jurors are prohibited from revealing what occurred, and transcripts of the proceedings are not made available.

So why does it exist at all? Well, it’s made up of ordinary citizens, rather than uppity legal folks – a grand jury consists of 16 to 23 people, unlike the petit jury made up of the standard dozen – so I suppose they thought it more democratic. They have to decide whether there’s enough evidence to charge someone. It’s like a pre-jury jury. But you can surely see from the above quote that it can be easily manipulated. And has been.

Canto: So this Judge Howell had to decide – but her decision isn’t final because it can be appealed, I believe – whether the DOJ was right in claiming that grand jury info (much of it redacted in the Mueller Report) should be handed over to the House Judiciary Committee (HJC).

Jacinta: So it’s a battle between the HJC and the DOJ, and may the best TLA win…

Canto: Judge Howell is in no doubt about the matter. ‘DOJ is wrong’, she writes multiple times in her 75-page judgment, in which she goes back to the findings of the Mueller Report. It’s funny, we’ve read that report but it’s so refreshing to be reminded of all the damning evidence, and the redacted stuff in part 1 which raised so many questions. There’s been so much that’s happened since, or so much that hasn’t happened that should’ve happened, that we’re inclined almost to believe that Mueller’s findings were unable to lay a glove on the White Palace incumbent, when the truth is far more sinister – that the whole US nation seems to have connived in allowing the boy-king to get away with everything, simply because he’s the King.

Jacinta: Well, I’m not sure about the whole nation, but of course you’re right that any nation, or political system I should say, that grants immunity to its all-powerful ruler, elected or not it makes no difference, while he holds the reins of power, is a global disgrace. It’s more or less the definition of a dictatorship. For example, he can’t be held to account if, while in office, he makes an executive decision to declare a state of emergency due to the massive corruption of all his enemies, and to abolish all federal elections forthwith.

Canto: A reductio ad absurdum perhaps, but one probably not far from the boy-king’s mind. In fact, the lad has been ‘joking’ about a third and fifth term. So people need that reductio kind of thinking to see what peril they’re in, seriously. And Judge Howell sees it clearly, as she reminds those who would read her that the boy and his playmates were found to have behaved very naughtily indeed, in a way that undermined the proper functioning of the state in multiple ways, long before the attempted extortion of the Ukrainian Prez.

Jacinta: Judge Howell argued, correctly, that a revisiting of the Mueller Report’s findings were in order for the purpose of deciding about these grand jury redactions. And so, she correctly reminded Americans that the Special Counsel found that links between the Putin dictatorship and the boy-prince’s pre-ascension team were ‘numerous’, and of course there was the Ukraine-Manafort nexus, which is mixed up currently with the lad’s most recent peccadillos. In fact, Her Honour helpfully points out that the then princeling likely knew about Dictator Putin’s assistance toward his ascension, by quoting from the Report:

Manafort, for his part, told the Office that, shortly after WikiLeaks’s July 22 release, Manafort also spoke with candidate Trump [redacted]. Manafort also [redacted] wanted to be kept apprised of any developments with WikiLeaks and separately told Gates to keep in touch [redacted] about future WikiLeaks releases.

According to Gates, by the late summer of 2016, the Trump campaign was planning a press strategy, a communications campaign, and messaging based on the possible release of Clinton emails by Wikileaks. [Redacted] while Trump and Gates were driving to LaGuardia Airport. [Redacted], shortly after the call candidate Trump told Gates that more releases of damaging information would be coming.

Canto: Yes, those redactions seem to indicate that the then princeling and his courtiers knew about, encouraged and accepted foreign interference – hardly surprising news, but under the USA’s highly-worshipped Constitution that there’s a rootin-tootin High Crime and Mister Demenour.

Jacinta: But it doesn’t matter because the boy-king has absolute power and can do whatever he likes, he done said it hisself. And apparently there are some powerful American folks, apart from his courtiers, that pretty much agree. The King just has too many responsibilities to be interfered with while in office by such petty matters as criminal charges – which is a pretty obvious problemo, as the King can simply increase his duties, and make them permanent, in order to make himself more immune, for a lifetime.

Canto: So Judge Howell looked at this too, because this apparent immunity hangs by the slender thread of a view held by the DOJ ‘Office of Legal Counsel’ (OLC). Her Honour quotes from the Mueller Report, and adds her own very interesting comments:

“Given the role of the Special Counsel as an attorney in the Department of Justice and the framework of the Special Counsel regulations,” the Special Counsel “accepted” the DOJ Office of Legal Counsel’s (“OLC”) legal conclusion that “‘the indictment or criminal prosecution of a sitting President would impermissibly undermine the capacity of the executive branch to perform its constitutionally assigned functions’ in violation of ‘the constitutional separation of powers.’” …. This OLC legal conclusion has never been adopted, sanctioned, or in any way approved by a court. 

What I suspect Judge Howell as saying here is, ‘it’s about time a proper court got hold of this OLC ‘legal conclusion’ and subjected it to the proper legal scrutiny it deserves, or very much needs.

Jacinta: She’s also happy to use the term ‘stonewalling’ in describing the DOJ ‘s tactics with regard to these redactions, a stonewalling that continues to this day.

Canto: Yes, and it’ll be interesting to observe the fate of Billy Barr, a principal toadie of the boy-king and Grand Marquis of the DOJ, as these adventures in Toyland play out.

Jacinta: So, overall, Judge Howell’s pretty contemptuous of the DOJ arguments, which she would prefer to call “arguments”, and has been extremely diligent in refuting them from every possible perspective she can think of, with a lot of case law and something of a history lesson regarding the thoughts of James Madison, Alexander Hamilton and others. I’m thinking that not only will we have to bone up on US Federal law (and a lot of other law), we’ll have to read the whole of the US Constitution and the Federalist Papers to get more thrills out of watching this battle between the boy-king and the Constitutionalists (if that’s what it is) play out.

Canto: Yes, and I’ll be even more interested in the aftermath, after the bodies are buried and the blood has been wiped away. Will Americans still want to say that their quasi-dictatorial political system is the greatest in the known universe?

Jacinta: You betcha.

first volume of a collection of papers on the US Constitution, by Alexander Hamilton, James Madison and John Jay, quoted in Judge Howell’s decision

References

http://cdn.cnn.com/cnn/2019/images/10/25/grand.jury.release.opinion.pdf

http://grandjuryresistance.org/grandjuries.html

http://theconversation.com/only-in-america-why-australia-is-right-not-to-have-grand-juries-34695

Written by stewart henderson

November 4, 2019 at 2:14 pm

situation USA 2 – very likely, the worst is yet to come

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The USA, over the past two and a half years, has been the object of a global ridicule and opprobrium never experienced before in its history, and it’s largely deserved. And the reason lies in a flaw in democracy pointed out by Greek philosophers, unabashed anti-democratic elitists, some 2500 years ago. Their concern was that the people could be too easily swayed by populist demagogues, individuals who, either through self-delusion or basic deceit, promised everything and delivered nothing, or worse.

There’s a famous quote, attributed to Churchill, that democracy ‘is the worst system of government, apart from all the others’. That description should be taken seriously. There’s no perfect system of government, in fact far from it. And democracy, in its purest form, is never practised anywhere. I’ve heard it said that a free press and an independent judiciary are two of the ‘pillars of democracy’. This is false. They’re in fact bulwarks against democracy. Both of these institutions are elite meritocracies. Another essential bulwark against democracy is an independent science and technology sector. If we based our acceptance of science on popular vote, we’d almost certainly still be living in caves, subsisting on the most basic requirements for survival. So let’s not worship democracy, but nor should we throw it out with the bathwater.

Democracy’s biggest saving grace is that it is inclusive. Everybody gets to have a say. One possible vote for each adult – assuming there’s no corruption of the process. In this respect, if nothing else, everybody is equal. Yet we know that no two people reflect in an ‘equal’ way, whatever that means, before casting their vote. Some are massively invested in voting, others barely at all, and their investments go in innumerable directions. Some of those directions never change, others zig-zag all over the place. And history shows, as the Greek philosophers knew well, that a licence to vote doesn’t turn anyone into a discerning voter.

The USA, it seems to me, suffers from two problems – too much democracy on the one hand, and too great a concentration of power on the other. They say that in the USA, anyone can become President. This is something Americans like to brag about. It’s not true of course, but even if it were, it wouldn’t be a positive. There appears to be no screening for such candidature. Some Americans are calling for extreme vetting of immigrants, but nobody appears to be calling for the same for Presidential candidates. You might argue that the same goes under the Westminster system of democracy, but in fact there is such a system, albeit informal, for attaining the position of Prime Minister. She must first gain the approval of her party, her team (and she can be dumped by that team at any time). In the 2016 US election, the candidate Trump by-passed the party he claimed to be a member of, and appealed entirely to the people, with a wide range of vague promises and claims about his own brilliance and effectiveness. The business cognoscenti knew well enough that Trump was a buffoon, a blowhard and a flim-flam man, but they also knew that his presidency, in being good for his own business, would be good for other businesses too, especially in the field of taxation. The Republican Party as a whole – with a number of notable exceptions – fell in line. Those who believed in minimal government recognised that Trump’s noisy incompetence would actually bring about minimal government by default, and give the governmental process a bad name, which was all fine by them. The question of ethics rarely entered into it.

As a distant watcher of what I’ve called the slow-motion train wreck of the Trump presidency, I’ve learned more than I ever thought I would know about the US presidential system, and more than I ever wanted to know about Trump himself.

For some time, Trump was nothing more than a funny name to me. My first full-on experience of him must have come from an early showing of ‘The Apprentice’, probably accidentally stumbled on through channel-hopping. I’ve never taken much interest in the business world, mea culpa. Within literally seconds, I was thinking ‘If I didn’t know better, I’d assume this was a black comedy. The host talks total gobshite, and the contestants, all actors, treat him like a deity. His very name is meant as a joke – he trumps everyone else in spite of being tasteless, boorish and pig-ignorant – and the contestants, who are put up in a monument to vulgarity called ‘Trump Tower’, swoon at all the gimcrack opulence. No better caricature of the Ugly American has ever been created’. Yet I knew that this was no caricature. Or rather, Trump was a caricature, but also a real human being.

What I didn’t know then, and what I’ve learned since his accession to the presidency, was the extent of Trump’s criminality. This has been fully revealed through a couple of New York Times stories, but I first learned about it through Sam Harris podcasts and other outlets, as well as through the words and behaviour of Trump himself, and his thuggish cronies. His use of standover men, fixers and the like has all the markings of organised crime – or somewhat disorganised crime in Trump’s case. The fact that he has gotten away with this behaviour for decades is a testament to the problems of the US justice system.

Trump became President with a minority of votes – this time revealing a problem with the federal electoral system. Claims by pundits such as Niall Ferguson that Putin’s interference in that election had a minimal effect were either naive or politically motivated. The Putin dictatorship’s actions were sophisticated and brilliantly targeted, and the subsequent response of Trump to the clear evidence of that interference should have been enough to have him thrown out of office. Another massive problem with the US federal system.

Sensible Americans are now faced with the problem of getting rid of Trump, and engaging in the root and branch reform of the disastrous system that allowed Trump’s rise to and maintenance of power. It seems, from other pundits I’ve read, that the US Presidency has experienced a kind of ‘dictatorship creep’ over the years, and this now needs to be confronted directly. The judiciary, for example needs to be fully independent, with the highest positions decided upon by judicial peers. Presidential emoluments need to be eliminated through clear, solid law. Presidential pardoning powers need to be sharply restricted, or preferably removed from the President altogether and placed in the hands of senior law officials. The presentation of all available taxation documents must be a sine qua non of presidential candidacy. If Presidents are to be directly elected – not a great idea IMHO – it should be through a first-past-the-post, one-vote-one-value system. Presidential immunity must be jettisoned, and if this interferes with the President’s role, this should scream to the American people that the President’s role is too burdensome, and that governmental power needs to be less concentrated and more distributed.

All of the preceding, and more, seems obvious to an outsider, but among Americans, brought up since infancy to believe they have the best government in the multiverse, self-criticism in this area is hard to come by. Possibly more abuse of the system by Trump and his enablers will wake Americans up to what’s needed, but I remain skeptical.

Which brings us back to the immediate situation. I have to admit, what has surprised me more than anything about this presidency is that Trump’s following hasn’t been reduced substantially since falling to around the 40% mark very early in his term. Clearly, his base, much-despised by Trump himself, has gained nothing from his incumbency, as opposed to the super-rich (small in number but gargantuan in power), who see through Trump but cynically support his lazy, neglectful attitude to government administration. The fact that this base is solid and easily aroused reveals a long-standing problem in America’s individualistic, mistrustful, and massively divided society. Trump is wily enough to try to take advantage of this discontent, especially as the law appears to be closing in on him. He may not have the numbers to win another election, but he is very likely to use those numbers to do as much damage to America’s much-vaunted but clearly very fragile separation of powers as he possibly can. I’m unfortunately quite convinced that the worst of the Trump presidency is yet to come.

Written by stewart henderson

May 13, 2019 at 7:30 pm

Trump – still watching the slo-mo train wreck

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Jacinta: Well haha, you made a prediction to me last December that Trump would be out on his highly intelligent arse by the end of this year – how’s that going?

Canto: Well after making that prediction I’ve embarked on a bit of a journey re US politics and the presidential system in particular, and as you know, what I’ve discovered has shocked me to the core. So, yes, he probably won’t be out by year’s end, but he obviously should have been, well before this. Basically, as I see it, the sensible folks of the US, the adults, are paralysed in the face of a crooked, incompetent, solipsistic pre-teen brat being elected, with less than half the votes, to the most powerful position in the most economically and militarily powerful nation on Earth. They just haven’t got the political system, the checks and balances, to deal with him, in spite of their constant braying about being ‘the world’s greatest democracy’. Still, as a number of US pundits have pointed out, he’ll be much closer to his end when this month comes to an end. And I find it all very engaging, in a morbid kind of way.

Jacinta: Well, yes, we’ve referred to it for some time as a slo-mo train wreck, and it looks like some of the more visible damage might be witnessed in the next few weeks.  

Canto: Follow the money. Which takes us to Russia. We’ve long known that Trump was saved from his bankruptcies and financial incompetence by Deutsche Bank, the Russian money-laundering bank, that he’s very secretive about those finances, and his tax returns haven’t been prised from him…

Jacinta: But the Mueller team have subpoenaed Deutsche Bank, haven’t they? Specifically for Trump’s business finances? I mean, why else?

Canto: I’ve long said that the Mueller team have such a feast of incriminating info on Trump and Russia that even the world’s greatest glutton couldn’t consume it. And there’s plenty of murky stuff available to the public, as reported in The Moscow Project, for example, and in presentations by MSNBC journalist Rachel Maddow, among others. 

Jacinta: The word ‘kompromat’ comes up a lot – compromising information or indebtedness, used to exert leverage over powerful individuals or business entities. Though I’m sure Russia-Putin never dreamed they would one day have such leverage over a US President. 

Canto: Well that’s the thing. They did dream about it, and what’s more worked to make it happen. Remember that Trump didn’t win the popular vote, he won the electoral college. And remember that the Russians interfered with that election. I haven’t looked into this in detail, but the claim made, for example, by the historian and commentator Niall Ferguson, that Russian interference in the 2016 election was negligible as to results, that claim is bullshit, I suspect. They targeted ‘purple states’, theirs was a value-for-money operation, very sophisticated. I recall reading the speaking indictment on the hacking, and noting the mention of ‘known and unknown individuals’ on the American side of that hacking. So Mueller knew then about some American conspirators, and probably knows more now. Trump goes on about ‘no collusion’, but there clearly was a conspiracy, to win the election with Russian assistance in return for removal of sanctions and god knows what else.

Jacinta: Kompromat indeed. Certainly seems to explain Trump’s behaviour re Russia-Putin from before the election to now. What’s amusing is that he’s not only parroted ‘no conclusion’ endlessly, he’s also repeated the ‘no deals with Russia’ mantra ad nauseam. Pretty dumb, because it soon becomes clear that when he repeats things like that, he’s lying. 

Canto: Dumb but hey, he’s never been jailed or had to pay much of a price for his misdeeds. But let’s focus on Russia itself – or Russia-Putin as you call it (I like that combo). As you know the country is run, or rather fleeced, by a bunch of billionaire oligarchs who are Putin’s puppets, and if they don’t do his bidding they’re fleeced in turn by Putin and either jailed or forced into exile, or worse. Trump enters this network of fiends as the archetypal bumbling braggadocio. These guys love to sneer at Americans, no doubt seeing them as amateur scammers and thugs compared to themselves. And Trump is the ultimate incompetent amateur, as if created for their cynical purposes. Now, as is well known, Trump has filed for bankruptcy six times, from 1991 to 2009. It’s called Chapter 11 bankruptcy and it’s designed to enable restructuring, so Trump says he uses the system to his benefit, but of course little of what he says is true or even makes sense…

Jacinta: But surely it’s true that he hasn’t suffered much from his bankruptcies. 

Canto: That’s true, and there are obviously major flaws in US corporate law that allow him to get out from under while others apparently foot the bill. But what’s interesting is that, as American banks saw him more and more as an unstable businessman, they turned off the tap. One bank that didn’t, however, was Deutsche Bank – the Russian money-laundering bank. Not only that, Trump was increasingly interested in business relations with Russians, probably due to their lax standards. Trump Tower Toronto was largely funded through VEB, a Russian state-owned bank once chaired by Putin himself, and Russian investments into Trump real estate in the US are too numerous to list. And that takes us to more recent events. Trump and his enablers were trying to build a tower in Moscow in the run-up to the campaign. Clearly this was of interest to Russia-Putin, so again the VEB was heavily involved. Imagine if candidate Trump, who already shared many of Russia-Putin’s anti-democratic proclivities, could be installed as President,  in return for financial assistance, which would be tied to the lifting of US sanctions on Russia, and other sweetheart deals. What a coup that would be.

Jacinta: Yes, and all that is pretty well established, I mean in the public realm. But what about the law? Which laws have been broken? We both agree that impeachment stinks, so how exactly is the law going to deal with Trump and co?

Canto: Well, let’s leave aside the probable case that the Mueller team won’t have Trump arrested, due to the vast powers they’ve given their President. Let’s imagine it’s a more sensible system in which the head of state is as immediately accountable for his crimes as any other citizen. I’m not an expert on US law of course, but as often mentioned, Cohen has pled guilty to two felony offences, campaign finance violations, and has stated – obviously correctly – that they were directed by Trump. The FBI, or whoever, already knew that as they have all of Cohen’s paperwork, emails, texts, mountains of the stuff. So that’s two dead certain offences. 

Jacinta: Cohen is trying for what we know Flynn will likely get – no prison time. How does that affect Trump?

Canto: Badly. I love it that Trump is lambasting Cohen for doing the right thing, and praising Manafort and Stone for doing the wrong thing. Now all Manafort can hope for is a pardon, from a surely doomed President. 

Jacinta: So if Trump pardons Manafort and then he goes down on multiple charges – financial misdealings, conspiracy and obstruction of justice – what then?

Canto: The pardon shouldn’t be allowed to stand, and that’s another test for the US judicial system.

Jacinta: So should we try to find out the precise laws that have likely been broken? 

Canto: That may be a difficult, or at least a painstaking task. There are lawsuits pending against him however. For example there are a couple of suits against him for violating the emoluments clause of the US constitution, one by Citizens for Responsibility and Ethics in Washington (CREW), and one filed jointly by the Attorneys-General of the District of Columbia and the State of Maryland. This will be the first time the emoluments clause has been tested in court. The D C and Maryland suit was filed back in June 2017 but there has been action on it recently, with subpoenas issued just a few days ago for Trump’s financial records relating to his D C hotel. So that’s one to watch on the sidelines. But generally there will be laws relating to money laundering, conspiring with foreign entities to interfere in an election, and obstruction of justice, that will likely apply to Trump. The obstruction of justice matter, which no doubt includes lying to the FBI (but perhaps not lying about the FBI!) is unfortunately a bit vague. In any case, we just need to stop hyperventilating – or I do – and watch it all play out. I’d love to see Trump in jail, but the other side of me knows he can’t help himself, he is what he is. The real problem, as I’ve always said, isn’t really Trump but the American political system, most particularly the Presidential system. I want to see if they try to fix it, post-Trump. 


Written by stewart henderson

December 6, 2018 at 10:24 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

the little dictator and his acolyte

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Having seen how Russia acts within the framework of what we call hybrid warfare, I really don’t exclude anything when it comes to Russian operations in other countries.

Anders Fogh Rasmussen, Secretary-General, NATO alliance, 2014

We’re living in interesting times, and I can’t help but be both enthralled and horrified them, so I’ll be dividing my time for a while between science and current international developments in politics and culture.

I wrote my recent post before I’d quite finished Masha Gesson’s 2012 biography of Putin, but I find that her epilogue, together with an afterword written in 2014, is by far the most important part of the book as regards the future for Putin’s ambitions, for Russia and for our response to his antics. And of course there’s also Trump’s love affair with the apoplectically anti-democratic dictator, which is no laughing matter.

Vladimir Putin’s rise to the leadership of Russia was unlikely, as the subtitle of Gessen’s book suggests. It seems that he was was plucked out of obscurity to be the saviour of Russia, and he grabbed the opportunity with both hands. But of course the story is far more complicated than that.

I want to compare (albeit briefly) Putin’s background, and even his appeal, with that of Adolf Hitler, partly because I’m challenged by recent claims that one should never invoke Hitler as a comparison (bullshit I say), but more importantly because the similarities are screamingly obvious. It seems to me that in many ways Putin is a Hitler constrained by the rapid rise of internationalism, which was itself largely a response to Hitler’s nationalistic adventurism. Certainly, the horrors of Nazism are behind us, but make no mistake, Putin’s attacks on homosexuality, which of course are in line with his own brutal, primitive instincts, are every bit as totalising as Hitler’s scapegoating of the Jews in the thirties. Certainly there’s a greater cynicism in Putin’s approach, and there’s no doubt that international attention will parry his blows against gays, but I’ve no doubt that Putin’s attitude to homosexuality is sincere, and might be put down to his being picked on as a slight and effeminate-looking youth. This persecution clearly affected him profoundly, causing him to take up martial arts and body-building and such, but I’m not particularly interested in the psychology behind his bigotry. The Dunedin Studies have shown me that character formation occurs remarkably early, and those early years are lost to most analysts in Putin’s case. Anyway, I’m more interested in the effects of his bigotry on the Russian psyche.

While Putin isn’t as shallow as Trump, neither is he deep. He’s a product of a profoundly dysfunctional world, and he found solace and identity in the KGB, the western world’s laughing stock (its successor, the FSB, is entirely a tool of Putin). From what I can gather, he was a doted-on only child, who grew up in the ruins of Leningrad/Petrograd, Russia’s second city. Like Hitler, he seems to have been devastated by the loss of something, nationally, that once promised greatness, and he may have taken this personally. Of course international developments since Hitler’s time would have largely quashed imperialistic ambitions, which is why it seems more accurate to see Putin as a mafioso-style crime boss, extremely petty-minded, vengeful and gleeful about the suffering of his ‘enemies’ – and probably generous to a fault to those who are most complete in their sycophancy.

What we do know is that Putin, like Hitler, is largely impervious to basic human values, but much better than Hitler at hiding the fact. Don’t expect much from his assurance, more or less forced from him by the new French President Emmanuel Macron, that he would investigate gay persecution in Chechnya, a region he bombed into submission when first gaining power in 1999-2000. The Chechen capital, Grozny, was later described by the UN as ‘the most destroyed city on earth’, with tens of thousands of civilians killed. The state has been ruled for some time by Ramzan Kadyrov, not so much a Putin puppet as a fellow-traveller who has learned from the Russian’s mafioso methods. Apparently, he’s both more charismatic and more openly brutal, having murdered a vast number of his enemies. It’s unlikely that this macho thug would take or expect advice on the treatment of homosexuals by his thuggish Russian mentor. Yet while Kadyrov’s political independence is more a relief than a burden to Putin, some 85% of Chechnya’s budget comes from Moscow, and this is the ultimate measure of Putin’s power over the region.

The murder of enemies (just a name for those who act defiantly, or even independently, and who might have some influence), often in far-flung parts, is the most recognisable feature of Putin’s (and Kadyrov’s) dictatorship, but there are others, including threats to bordering countries, and endless attempts to interfere with democratic elections worldwide. Of course Putin went well beyond threats when he moved swiftly to annex Crimea in March 2014. The move seems not to have been for economic reasons, as it’s expected that large sums of money will be needed to prop up the region. It seems to have been a land grab in defiance of the pro-European overthrow of the corrupt pro-Russia Ukrainian President Viktor Yanukovych. It would also have been done for domestic reasons, to suggest to his long-suffering people the fantasy that Russia is still a great nation that can throw its weight around. It’s likely that the annexation greatly improved the petty dictator’s domestic stocks, but as I’ve said, there isn’t much room to manoeuvre today in terms of Russian expansionism – though the Baltic states are understandably anxious about Putin’s intentions there – so it’s not surprising that he’s turned his attention to his first love, espionage and the perversion of justice, in trying to manipulate the outcome of foreign elections in favour of their most anti-democratic candidates. He appears to have been partially successful in somehow fashioning more support for Marine Le Pen in France than she had a right to expect, but clearly his greatest coup was to infiltrate the recent US election to a degree that has – somewhat belatedly – alarmed many pundits.

The current US President has praised Putin more than any other democratically elected leader. He would certainly like to have the power over his nation that Putin has over Russia, but the fact is that he just doesn’t have the nous to use that power effectively, even for his own benefit. As David Frum and many others have pointed out, Trump isn’t a smart businessman, even in the field of real estate. He’s a big-noter and a bullshit artist who’s incapable of the strategic planning required even to be a semi-succssful mafioso boss. His ham-fistedness, however, has to be seen in some respects as a saving grace. The job of more responsible leaders and powerful figures in the USA now is to provide a convincing case to the public that the Trump administration’s ties and indebtedness to Putin and his henchmen are massively detrimental to the country they’ve been elected to administer, and to the western democracies in general. Many journalists and public intellectuals – I’ll mention David Frum, Anne Applebaum, Timothy Snyder, Masha Gessen, and Lilia Shevtsova, but I’m a complete novice in this field, so apologies for not mentioning others at this point – have been firm in arguing against any rapprochement with Russia under Putin, whose anti-western propaganda for domestic consumption has risen to bizarre proportions in recent years. It’s time for more western and particularly US leaders, on both side of the political fence, to argue strongly for isolating Russia under Putin. One way to do this is to go in hard on Russian political interference in the US and other prominent countries – the hybrid warfare that NATO’s Secretary-General spoke of. And this will surely have the added benefit of substantially weakening, and maybe even derailing, the Trump administration.

The little dictator will complete his first six-year term in office in 2018. Actually, this will complete 19 years of  effective dictatorship, and he has altered the Russian constitution to enable him to stand for office again. If successful, he may retire, at 71, after 25 years in power in Russia (the longest reign since the time of the Czars), having given up on modernisation and economic development and left behind a state characterised by cronyism, thuggery, stagnation and misery, and a fantasy that it is an alternative to the ‘decline of the west’, though hopefully few of Russia’s intellectuals are taken in by this.

But Putin’s success isn’t guaranteed. As Gessen and others have pointed out, he got a real scare in the lead-up to the last election, and was quite possibly only saved from defeat, or at least from ‘legitimate’ success, by his campaign against homosexuality and ‘decadence’. Recently there have been sizeable demonstrations against corruption in Russia, and no-one is more corrupt than Putin. The Russian analyst Lilia Shevtsova is particularly critical of those pundits who appear to have given up on the possibility for a fairer, more open and democratic Russia. Her remarks here are passionate and timely:

This means that Russians are incorrigible, doomed to be manipulated, and ready to tolerate repressive rule. I don’t know what information the authors are privy to that makes them so sure that the Russians will continue clinging to Putin. Why are the experts so sure of that? Do they know something about us Russians that we are unaware of? This approach can be interpreted in only one way: Russians carry a special gene that precludes them from living in a rule of law state that respects international conventions. In other words, we Russians are a predatory nation that can live only by being subjugated by our rulers and by subjugating other nations, and we cannot rid ourselves of the serf’s mindset. This is not merely a condescending way of looking at Russians; it is racist as well.

We should do everything in our power to support those in Russia who oppose Putin and his corrupt state, and to isolate him if he manages to wangle power for himself for six more years.

 

https://www.the-american-interest.com/2016/02/03/how-the-west-misjudged-russia-part-4-mad-about-medvedev/

http://www.newyorker.com/magazine/2016/02/08/putins-dragon

Gessen, Masha, The man without a face: the unlikely rise of Vladimir Putin

See also these interviews from Sam Harris ‘s Waking Up podcast: Timothy Snyder, the road to tyranny; Anne Applebaum, the Russia connection; Gary Kasparov, the Putin question.

Written by stewart henderson

June 7, 2017 at 10:06 am