Archive for the ‘Trump’ Category
Trumpdagistan: the new fundamentalism
The legitimate powers of government extend only to such acts as are injurious to others, but it does me no injury for my neighbour to say there are twenty gods or no god. It neither picks my pocket nor breaks my leg.
Thomas Jefferson
A recent Point of Inquiry podcast has again turned my attention to what I should now call Trumpdagistan, a more or less dictatorial state that borders Canada and Mexico, which for various reasons I shouldn’t really be concerning myself with, as I live very far from the country and have never had any intention of visiting it, even if I had the means. It just seems to be a kind of ghoulishness on my part, my version of addiction to rotten.com, if that website still exists.
As a completely non-religious person, I’m obviously opposed to any interference of the state by religion, that terribly bad explanation of any and all phenomena. Trumpdagistan, even before it was renamed, was the most religious of all the democratic countries. Their national god is Guard, who guards Trumpdagistan against all evils, including secularism, the world’s primary evil, according to Billy Barr, the dictatorship’s chief toady, who believes that all morality derives from the book of Guard.
Whilst the wanker in the white palace (WWP) is very unlikely to believe in Guard (for his self-obsession is all-consuming but exhausting, as it basically consists of constantly puffing hot air into a balloon full of holes), he recognises the usefulness of a national god in much the same way as every previous dictator has. So he’s happy, indeed delighted, to unleash his toady on secularism and more particularly, secularists. Free-thinkers, in the words of Stephen Dedalus.
The WWP and his toadies have made every effort in their few years of control to create a compliant, Guard-worshipping judiciary, especially at the very top, the Supreme Court. As the Point of Inquiry podcast has pointed out, that court is now stacked with Guard-botherers, more or less bent on overturning the separation between politics and religion, through particular interpretations of the country’s much-worshipped Constitution which somehow bestow a kind of second-class citizenship on secularists. It’s unclear, however, how the Constitution can be so interpreted.
In any case, the WWP’s ‘administration’ has managed to promote two more religious right-wingers to the Supreme Court, for a total of five – just another couple of bricks in the wall, so to speak. The much-worshipped constitution of the former USA actually has very little to say on religion. The first amendment to that constitution, as it pertains to religion, says only this:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.
That’s it. It’s since been known as the ‘establishment clause’. The rest of that amendment, also quite brief, deals with freedom of speech, without particular reference to religion. The only possible ambiguity in the above clause is ‘respecting’, which could mean ‘having respect for’ or ‘with respect or reference to’. Neither interpretation suggests that the constitution, or the bill of rights, supports any religion; rather it clearly supports keeping out of religion, or maintaining a separation between religion and law-making. And yet, mischief-making religionists, some of them rather powerful, have tried hard to distort the simple meaning. Take the late unlamented Justice Scalia, who in one forgettable judicial opinion came up with this gem:
The establishment clause permits the disregard of polytheists and believers in unconcerned deities, just as it permits the disregard of devout atheists.
Of course the clause has nothing whatever to do with permitting disregard, it simply avoids permission and prohibition equally. Nothing could be clearer. What Scalia seems to be wanting the clause to say is that the law should disregard and so not protect polytheists, atheists and the like. This defies any serious interpretation.
And so we come to the toady. He’s apparently a catholic, and believes that secularism is the principle cause of the ills that Trumpdagistan is suffering from. Those ills don’t, of course, include white collar corruption, which he avidly supports. To their credit, many other catholics are condemning Barr’s evidence-free claims, but in Barr’s Trumpdagistan, a collection of writings penned many centuries ago by scores of individuals of widely varying views and experience, and known today, at least by some, as the bible, is the only source of morality for all humanity, and will no doubt be installed as the basis of all Trumpdagistani law. All of this is making the WWP very popular, if polls are to be believed, so expect much more of it in the future. What would Thomas Jefferson think?
the wanker in the white palace 3: the impeachment failure
It’s not accurate to say that impeachment was bound to fail in getting rid of the wanker, but it became increasingly obvious that it would fail, because too many politicians feel they owe their livelihood to him, or their prestigious position as ‘lawmakers’ and public personae. And of course there are a few who are too stupid to see what a wanker the wanker is, but they’re a small minority.
In this blog I’ve often stated that impeachment is a piece of shite. It would be nice to imagine that this latest débâcle would be enough for it be entirely expunged from the political system, but of course that won’t happen. This is the USA we’re talking about, after all.
It’s an odd term, derived from empêchement, a ‘prevention’ or ‘impediment’ from the verb empêcher. It’s used in many countries but has always struck me as an inadequate substitute for solid L-A-W law, as has been shown in this recent case. Of course, in order for this substitution to be effective, the administration of the law needs to be entirely separate from government. This is proving to be a problem in ‘the world’s greatest democracy’.
Three Presidents have been impeached. None of them have been removed from office. It all seems to be an expense of spirit in a waste of shame. But getting rid of impeachment, unfortunately, is just the beginning. I’ve already pointed out some of the failings of the Presidential system in general. Massive power, massive immunity. Are Americans really this stupid?
Yes, they are, or maybe it can happen to any state that promotes an uncritical, worshipful attitude towards its constitution, which, in the case of the USA, has created a Constitutional Presidency on the basis of the British Constitution Monarchy. And there’s no doubt that, at the outset, it was an improvement on the British system, which had, and still has, a hereditary monarch, rather than an elected President. However, the Westminster system has evolved since then, with the monarch’s power gradually reducing to, essentially, nothing, and all power being held by the duly elected parliament, a team with a team leader, working within the parliament, not in a white palace surrounded by thuggish hand-picked courtiers, who, unless they’re responsible citizens – the last people the wanker would choose – need know or care little about the workings of congress.
The USA regards itself as the first modern democracy. Not true. The very reason the founding fathers looked to the British system as a model was because of its parliamentary system, which, without doubt, the founding fathers improved upon. But, following the British system, with its minuscule franchise, those founding fathers, fearful of the ‘unenlightened’, made sure that the unpropertied and feeble-minded – the natives, the blacks and the women, were excluded from any say in government. And just to emphasise the woman issue, no country on this planet can call itself a modern democracy that doesn’t allow half its adult population to vote. American women weren’t given the vote till the 1920s, almost 30 years after women in my region were given it.
But really, all questions about democracy in the USA are now up for grabs. Things will get worse. It’s preposterous to imagine that the wanker (and this epithet shouldn’t entail under-estimation – he’s been made an extremely dangerous figure by the US political-economic nexus) will give up power peacefully. He’s been taught that he’s an eternal winner, so fasten your seat belts, it’s gonna be a bumpy year.
the wanker in the white palace 2: how did the USA get reduced to this?
As I write, the wanker is, predictably, expending much energy in exacting revenge against his perceived enemies, and in seeking to manipulate the justice system in support of his long-time associates. I note that, over the last day or so, he has casually stated to the media, obviously not for the first time, that ‘I could do x, I have the absolute power to do x, but I think I’ll do it this way…’ I don’t claim this as a direct quote, because of course I don’t listen carefully to the wanker, and in any case, these remarks are essentially formulaic. This is of the thought-bubble type ‘I can do anything I want nya nya, nobody can tell me what to do, but I won’t do that coz mummy might shout at me.’ It’s nonsense from a reasoning perspective, but it’s absolute sense in the wanker’s little world.
Yet, so far, mummy hasn’t shouted at him enough, or he’s found that her shouts aren’t as prohibitive as he’d feared, so he feels more confident about being naughty. And being naughty and getting away with it is the most fun ever. It’s really quite addictive.
This isn’t a joke, and it’s not an exaggeration, or a simplification – it’s the reality. So how did the USA get reduced to this?
The USA touts itself, more than any other nation, as the land of the individual. You can achieve anything there, apparently. Total freedom. You can advertise just about anything, you can buy a gun just about anywhere, and if you’re an expert at avoiding tax, you’ll be touted as a hero. The rich, in particular, are objects of veneration. And the wanker has been super-rich – at least from my perspective – since the age of three.
Democracy has its issues, the most obvious of which was highlighted a couple of centuries ago by some Greek philosophers. They had seen how a super-confident-seeming blowhard, a wanker in short, had swayed the crowd towards disaster for their city-state. You can imagine the slogans – ‘lock up x, y and z, they’re enemies of the state’, ‘drain the swamp’, ‘punish states a, b and c, they’re wrecking our economy’, ‘make our State great again’. ..
In Australia, Britain, and most other democratic countries, we don’t directly elect one person to a position of great power, in a competition against another single person. We elect parties. The leader of the party, in election campaigns, will say ‘we will do, this, or that, for you’, ‘we will offer stable, effective government’, and so forth. This ‘we’ makes a big difference. Think about that, it’s really important. In Australia, in Britain, in every other Westminster-based system, we have a Prime Minister, a first minister, primum inter pares, the captain of the team. Famously, and rightly, if the captain goes rogue, she can be dismissed from her position by a simple vote of no-confidence from her party. The captain is replaced by another captain, and the team plays on.
There is absolutely no doubt in my mind that this is a vastly superior system than that which the USA has lumbered itself with. And yet, I have never heard an American journalist or historian or pundit admit as much. Why is this?
I think I’ll have to do a lot of exploring to answer that question.
the wanker in the white palace 1: my position
I hear comments around me and read reports in the media about how and how not to deal with the wanker in the white palace. My position is straightforward, in its apparent foolishness. Responsible people shouldn’t be dealing with him, they should get rid of him.
By this I don’t mean putting an end to his life, much as I’m in favour of euthanasia. The wanker can’t stop himself from wanking night and day – there is no free will, but that’s another story. The point is that he’s clearly incapable of holding any position of responsibility, in which he’s expected to work for the good of others. No sensible person, I would argue, disagrees with this, and a number of the USA’s top psychologists have spoken out about the wanker’s mental unfitness for the job he holds. They would also agree with one of their rank, speaking on MSNBC, that the damage which makes it impossible for him to behave like a common and garden adult occurred very early in life and is irreversible. The damage he has done to the role of US President won’t be able to be fully assessed until he’s dumped from office – which may, I believe, involve bloodshed. This wanker won’t go quietly.
So why has the wanker managed to inveigle himself into this extraordinary position, and why is he so hard to get rid of? I’ll be exploring this under two ‘headings’, the ‘American psyche’, and the current Presidential system. The two are very obviously linked.
Why ‘wanker’? Well, I’m essentially Australian (though British-born and a dual citizen), and my first reaction to this bloke after witnessing him briefly on TV years ago was the classic ‘what a wanker’ refrain. If I hadn’t heard his name before I would’ve considered this a badly done black comedy, with the lead actor spouting buffoonish imbecilities, and the other performers pretending to fawn over his oafishness, and appearing dazzled by the kitsch furnishings in ‘Trump’ tower – he trumps over everyone, getit, and yet it’s all trumpery, right?
But it’s no joke, even though it is. Even after all this time, it’s hard to take seriously – but then, I’m not a Kurd, or a Central American refugee.
The USA is an object of mockery and opprobrium worldwide for its production and promotion of the wanker, and it thoroughly deserves to be. The wanker has trumpeted his wankerdom for the whole of his ‘adult’ life – it’s the USA’s fault that he’s been so successful, and yet even his most vociferous critics trumpet the USA as the leader of the free world, the light on the hill, Guard’s own country, the Greatest Nation on Earth, and other enlightened epithets. There is surely no nation more jingoistic, and unself-critical, than the USA, even allowing for the fallacy that all powerful states have fallen for – Egyptian, Roman, British, Soviet, Chinese and so on, – that economic and military power entail moral superiority.
In future posts I’ll explore the flaw in the American psyche that has allowed the wanker to swank his way into and perhaps permanently corrupt the most powerful position on the planet (currently) and the many related flaws in a presidential system that fortunately has no equivalent in the so-called free world.
the boy in the white palace 5: empêchement? sûrement pas, and farewell
Canto: As we ghouls await the kind of ritual massacre in the USA we’ve been primed for by watching Korean historical dramas, we of course recognise that the current laughing-stock status of that once-proud nation – admitted by a number of American analysts – is really serious stuff. However…
Jacinta: Indeed there are many howevers…
Canto: You do it it yourselves, you do, and that’s what really hurts. Take impeachment – a funny word, actually adapted from the French by the English. An empêchement, from the verb empêcher, to prevent, has in modern French a very everyday meaning, i.e. something that stops you from doing something, but it was first used by the English as a (somewhat ill-defined) politico-legal process way back in the 14th century. It remains just as ill-defined to this day, inhabiting a distinctly grey area between politics and the law.
Jacinta: In those countries that have had the misfortune to adopt this horribly tainted and, IMHO, worthless procedure, it’s inevitably bound up with that nation’s Constitution – and considering that most national constitutions are creaky with age, impeachment suffers from the same creakiness.
Canto: A kind of highly formalised shemozzle. It’s wholly obsolete in the UK, being surplus to requirements, and has never been a thing in Australia. For crimes, of course, we have this thing called law, and if a Prime Minister goes rogue, without quite doing anything he can be arrested for, she gets dropped as the team’s captain, and, depending on how rogue she goes, is either consigned to another place in the team or is dropped from the team altogether. Then the team selects another PM. And it’s not a particularly traumatic event, because the PM isn’t a quasi-king with his own white palace and swathe of courtiers and princeling-in-waiting.
Jacinta: I don’t know whether there’s any point trying to convince Americans of the rottenness of GASP – the Great American System of the Presidency. I suspect they’re rather brainwashed about the beauty and perfection of it all. Rarely do I hear any American ‘expert’ speak critically about GASP, in spite of their intelligence in other areas. It’s a frog-in-the-heating-pan sort of thing.
Canto: Yes, to do away with impeachment means to do away with the super-powers of the Leader, which have actually, I think, led to the boy-king’s cult following. Do away with the superpowers, distribute the powers, thus diluted into ordinary human powers, throughout the principal players of the team, and sharpen up the laws on emoluments, campaign finances and influence peddling, and you might just start getting back to something like a real democracy.
Jacinta: This boy-king is, very obviously to all outside observers, a crime machine. The financial morass of his self-interest takes us to Russia, Turkey, Kazakhstan, Saudi Arabia, Azerbaijan, Israel, China, Indonesia and twenty-odd other countries large and small, and common garden corruption is to be found in all these dealings, because that’s all he understands, insofar as he understands anything. The cult following of his ‘base’ is all the more tragic when it’s clear that he despises them all and loves them only as dupes. He would immediately have anyone resembling these workers thrown out of his mar-a-lago shangri-la because he’s only ever comfortable with crooked rich people. But his success is, of course, the USA’s failure, and that is a vast thing. I don’t want to see the USA fail, but I would only want it to succeed from this point through a massive, soul-searching transformation. Not only of its presidential system – and I’m not sure if that system deserves to survive at all – but of its economic system and its criminal justice system. Currently, the USA is a global disgrace and deserves to be. And it will get worse – which will perhaps be a blessing in disguise. It may have to get worse for the transformation to be as fulsome as it needs to be. That, I think, is why we’re watching with such gruesome attentiveness. But I’m not confident that too many lessons will have been learned when we examine political America in five years’ time. The country won’t ‘come together’. It won’t start to rank higher on the Better Life Index. The third world poverty, disadvantage and despair in vast regions of the country won’t be alleviated, and it will continue to call itself the greatest nation on Earth, the leader of the free world, home of the brave and other nationalistic twaddle. And it will continue to be at war with itself while it bullies other nations, as powerful nations inevitably do.
Canto: Yes, we’re getting tired of watching, and maybe we should turn to other things, more positive stuff like science and solutions, heros and sheros, nice, positive go-getters who strive to make the world better and shame us, in the best possible way, with their energetic example. Adios little boy-king, may you finally get what you deserve, and may a chastened nation get out from under…
the boy in the white palace 2: thoughts on Judge Howell’s decision in the Columbia District Court
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.
References
http://grandjuryresistance.org/grandjuries.html
http://theconversation.com/only-in-america-why-australia-is-right-not-to-have-grand-juries-34695
The boy in the White Palace 1: admiring Rachel Maddow
Canto: I can’t really keep my mind off the situation in the USA, because I know it’s of historical significance, while at the same time the bloke that’s causing all the trouble is the last thing I want to occupy my mind with. Any advice?
Jacinta: I know the feeling – it is mesmerising in a ghoulish way. So let’s start a new series, and take it right to the end of this tragic-comedy. We’ll call it The boy in the White Palace, and we’ll take it to whatever awful place it leads. Of course there are always heroes as well as villains. Take MSNBC’s Rachel Maddow – I just watched a brilliant piece of TV reportage from her. It should win a medal – though to be fair she manages this sort of thing quite often, so I shouldn’t just single out this piece of work. It started out by mocking another of the boy’s moronic but very typical appointments – this time to an obscure (to us) body called the Commission on Presidential scholars – a body of smart people to ‘select and honour the Presidential Scholars’, presumably some academically bright young people who deserve a scholarship. This time a donor to the juvenile crime-machine and writer of Trump-boosting finance BS called George Mentz, aka ‘Magus Incognito’ (I kid you not) has been appointed.
Canto: Haha yes, and he also sells bogus certificates to prove you’re a finance guru like him – must be an ‘only in America’ kind of deal. And they talk about Ukraine as a corrupt country? Je ne comprends pas.
Jacinta: Yeah, and this Ubermentz bloke is also one of them book-writin types, and here’s a title: Success magic – the prosperity secret to win with magical spiritual power: how to grow rich, influence people, protect your mindset & love yourself like a warrior using timeless abundance secrets. And most of that is capitalised, but not in a good way. I should be careful of what I say here, though, as he’s a member of the Illuminutti and might smite me with his flamin sword. But this set-up by Maddow beautifully introduces the shallow incompetence of the administration, which she then further illustrates with something much darker, relating to China.
Canto: Yes, and this is introduced by sound-bites of the thumpin great boy during the 2016 campaign going on – and on – and on – about China.
Jacinta: Right, which we don’t actually hear, coz we always keep the mute button handy while watching the cable news so we don’t have to hear la voix d’horreur.
Canto: Yes, though Colbert’s voix de trompette is a sweet melody to my ears.
Jacinta: So, just as the Ubermentz financial guru has been rewarded by the Great Reader in the White Palace for his impressive swathe of Illuminutti books, and of course his generous donations to the cause of ‘Nya nya nana na’, an expression which fully captures the philosophy of the boy’s administration, so has another great writer of profound books on China, with thought-provokingly grandiloquent titles such as Death by China: confronting the dragon – a global call to action, and The coming China wars. This warrior’s name is Peter Navarro, and, as Rachel points out, his appointment as some kind of special adviser on Chinese affairs, though he’d apparently never been there, doesn’t know the language and has never formally studied the topic of China and its economy, is a reward for, again, fully endorsing the White Palace’s nya nya nana na philosophy.
Canto: But it’s surely true that you can’t allow China to become the global economic bully that the USA has become, and the British Empire before that, etc. En it?
Jacinta: There are good bullies and bad bullies, apparently, according to some – mostly Americans. Anyway, so this Navarro bloke has become a White Palace courtier, with the ear of the boy-king, and this helps to explain the trade war that the boy has embarked on, at the expense of various apparently dispensible farmers and factory workers, and business operators in both countries.
Canto: Massive bailouts are going to US farmers at the moment – no worries about the deficit – and I note the economy in general’s on a downhill slide…
Jacinta: Navarro has also shown the same dodgy tendencies as the Ubermentz and his boy master, in sometimes pretending to be someone else – but of course that’s nothing compared to his advice about tarrifs, which the poor clueless boy eagerly laps up. So Rachel has set up this story of crazies in the White Palace…
Canto: Ra Ra Rasputin…
Jacinta: And she’s sort of darkening the tale as she goes, so next she moves to the impeachment thing.
Canto: Oh shudder, I hate that.
Jacinta: Yes, she takes us through the whole Ukraine stuff, the White Palace call to President Zelensky, the whistleblower, the dodgy release of the call summary, which the poor wee boy thought would be exonerating, then the confused reactions of his courtiers and Republican supporters, and all the rest. Above all, Rachel reminds us of how the boy recovers his equanimity and serves up his much noted nya nya nana na response to reporters, by assuring them it was all perfect and very nice, and if these Ukrainians were honest people they’d start a major investigation into my main rival, and China, if you’re listening, can you too help me get re-elected?…
Canto: It must be so boring for the laddie to have to go through another one of them dumb elections – but then he does get to go on all those campaign junkets and shout ‘lock up them dems, nya nya nana na’ to his little stone heart’s content.
Jacinta: Well that’s all in the uncertain future, but the nya nya nana na approach does seem to have left his many loving supporters in Congress a bit flummoxed – though some of them just come out and say, ‘nothing I’ve heard so far is impeachable’, which just creates more flummoxedness among those trying to report all this to a flummoxed populace.
Canto: And then they brought out that actor, the one that acts as the Chief of Staff, and he admitted that there was a quid pro quo (which is some weird Latin term for extortion, apparently), which he kindly explained was normal government procedure. Now some people say that he fluffed his lines, but I don’t agree, because it was exactly in line with the nya nya nana na policy of the boy king…
Jacinta: That’s true, but not everyone’s as smart as the boy, so the actor tried out a few different lines the next day, which left everyone even more flummoxed than their previous flummoxed state. But something Rachel picked up on from the actor’s earlier media gig was that he dodged a question about the boy’s deeply fascinating remarks about how China should investigate the Bidens…
Canto: Yeah the boy wants all of us to investigate the Bidens, I wonder why that might be – but actually I seem to recall some reporting that this was already raised in Beijing, which apparently flummoxed even the inscrutable Mr Xi…
Jacinta: Ah yes, you’re stealing Rachel’s thunder… Yes, in June, before the Ukraine call, the boy-king brought up the Biden thing with Xi, whether in an extortionate way we don’t know, but it’s very likely, given the boy’s MO, that he might’ve tied digging up BS about the Bidens with some new trade deal. Anyway, that’s another one of those ‘hidden’ calls that’ll probably never see daylight again, but incredibly, the Chinese did provide some info on Biden – who knows what, but I don’t see why the Chinese would hesitate to provide a bit of BS if it was in their own interest – it’s not as if that government has to worry about being caught out.
Canto: I’m not sure if the boy has to worry either, since he has a barmy army to back him up.
Jacinta: Well that’s to be seen I suppose. So the Chinese did provide something, because some White Palace delegate to China admitted as much, but he has since clammed up, apparently gotten to by the boy and his spivs. Meanwhile news has come out that trade assistance was being with-held from Ukraine, over and above military aid and a meeting with the Great Boy himself to publicise the relationship for the Ukrainian people. So, yes, extortion is the right word alright. But to return to the wonderful Rachel, she brings back this Peter Navarro, slayer of China, for the grand finale. Having raised the serious issue of nefariously self-serving dealings with two countries, at least, she ends with an excerpt from a CNN interview with this Navarro imbécile, which frankly makes you want to extinguish his lights with a fisticuff. The interviewer, Jim Sciutto, asks a simple question, ‘Did you raise the issue of the Bidens in your talks in China?’, and l’imbécile comes out with an obviously obfuscating and very aggressive rant about journalistic scuttlebutt. Truly a tour de farce, gift-wrapped by a genius of TV journalism.
Canto: Yes, admirable indeed, but the boy and his spivs aren’t listening, and neither is a vast proportion of that strange land’s populace. But we’re listening and watching way out here in Oz, and I have a great tale to tell next time.
Lessons from the Trump travesty?
Consider this passage from The moral landscape, by Sam Harris:
As we better understand the brain, we will increasingly understand all of the forces – kindness, reciprocity, trust, openness to argument, respect for evidence, intuitions of fairness, impulse control, the mitigation of aggression, etc – that allow friends and strangers to collaborate successfully on the common projects of civilisation…
These are indeed, and surely, the forces, or traits, we should want in order to have the best social lives. And they involve a richly interactive relationship between the social milieu – the village, the tribe, the family, the state – and the individual brain, or person. They are also, IMHO, the sorts of traits we would hope to find in our best people – for example, our political leaders, regardless of which political faction they represent.
Now consider those traits in respect of one Donald Trump. It should be obvious to any reasoning observer that he is deficient in all of them. And I mean deficient to a jaw-dropping, head-scratching degree. So there are two questions worth posing here.
- How could a person, so obviously deficient in all of the traits we would consider vital to the project of civilisation, have been created in a country that prides itself on being a leader of the free, democratic, civilised world?
- How could such a person rise to become the President of that country – which, whether or not you agree with its self-description of its own moral worth, is undoubtedly the world’s most economically and militarily powerful nation, and a world-wide promoter of democracy (in theory if not always in practice)?
I feel for Harris, whose book was published in 2010, well before anyone really had an inkling of what was to come. In The moral landscape he argues for objective moral values, or moral realism, but you don’t have to agree with his general philosophical position to acknowledge that the advancement of civilisation is largely dependent on the above-quoted traits. But of course, not everyone acknowledges this, or has ever given a thought to the matter. It’s probably true that most people, in the USA and elsewhere, don’t give a tinker’s cuss about the advancement of civilisation.
So the general answer to question one is easy enough, even if the answer in any particular case requires detailed knowledge. I don’t have such knowledge of the family background, childhood and even pre-natal influences that formed Trump’s profoundly problematic character, but reasonable inferences can be made, I think. For example, one of Trump’s most obvious traits is his complete disregard for the truth. To give one trivial example among thousands, he recently described Meghan Markle, now the Duchess of Sussex, as ‘nasty’, in a televised interview. In another televised interview, very shortly afterwards, he denied saying what he was clearly recorded as saying. This regular pattern of bare-faced lying, without any concern about being found out, confronted by his behaviour, or suffering consequences, says something. It says that he has rarely if ever been ‘corrected’ for breaking this commandment, and, very likely, has been rewarded for it from earliest childhood – this reward being likely in the form of amusement, acclamation, and encouragement in this practice. Since, as we know, Trump was a millionaire before he was old enough to pronounce the word, the son of a self-possessed, single-minded property shark, who bestowed on the child a thousand indications of his own importance, it’s more than likely that he grew up in a bubble-world in which self-interest and duplicity were constantly encouraged and rewarded, a world of extreme materialism, devoid of any intellectual stimulation. This is the classic ‘spoilt child’ I’ve already referred to. Often, when a child like this has to stand up on his own feet, his penchant for lying, his contempt for the law and his endless attention-seeking will get him into legal trouble, but Trump appears to have stayed under the wing of his father for much longer than average. His father bailed him out time and time again when he engaged in dumb business deals, until he learned a little more of the slyness of white-collar crime (including learning how to steal from his father). His father’s cronies in the crooked business and legal world would also have taught him much.
Trump is surely a clear-cut case of stunted moral development, the darling child who was encouraged, either directly or though observation of the perverse world of white-collar crime that surrounded him, to listen to no advice but his own, to have devotees rather than friends, and to study and master every possible form of exploitation available to him. Over time, he also realised that his habit of self-aggrandisement could be turned to advantage, and that it would continue to win people, in ever greater numbers, if effectively directed. Very little of this, of course, was the result of what psychologists describe as system 2 thinking – and it would be fascinating to study Trump’s brain for signs of activity in the prefrontal cortex – it was more about highly developed intuitions about what he could get away with, and who he could impress with his bluster.
Now, I admit, all of this is somewhat speculative. Given Trump’s current fame, there will doubtless be detailed biographies written about his childhood and formative years, if they haven’t been written already. My point here is that, given the environment of absurd and dodgy wealth to be found in small pockets of US society, and given the ‘greed is good’ mantra that many Americans (and of course non-Americans) swallow like the proverbial kool-aid, it isn’t so surprising that white-collar crime isn’t dealt with remotely adequately, and that characters like Trump dot the landscape, like pus-oozing pimples on human skin. In fact there are plenty of people, rich and poor alike, who would argue that tax evasion shouldn’t even be a crime… while also arguing that the USA, unlike every other western democracy, can’t afford universal medicare.
So that’s a rough-and-ready answer to question one. Question two has actually been addressed in a number of previous posts, but I’ll address it a little differently here.
The USA is, I think, overly obsessed with the individual. It’s a hotbed of libertarianism, an ideology entirely based on the myth of individualism and ‘individual freedom’, and it’s no surprise that Superman, Batman and most other super-heroes were American products. It’s probable that a sizeable section of Trump’s base see him in ‘superhero’ terms, someone not cut in the mould of Washington politicians, someone larger than life, someone almost from outer space in that he talks and acts differently from normal human beings let alone politicians. This makes him exciting and enlivening – like a comic book. And they’re happy to go along for the ride regardless of whether their lives are improved.
I must admit, though, that I’m mystified when I hear Trump supporters still saying ‘he’s done so much for our country’, when it’s fairly clear to me that, apart from cruelly mistreating asylum-seekers, he’s done little other than tweet insults and inanities and cheat at golf. The massive neglect of every aspect of federal government under his ‘watch’ will take decades to repair, and the question of whether the USA will ever recover from the tragi-comedy of this presidency is hard to answer.
But as to how Trump was ever allowed to become President, it’s all about a dangerously flawed political system, one that has too few safeguards against the simplistic populism that the ancient Greek philosophers railed against 2500 years ago. Unabashed elitists, they were deeply concerned that ‘the mob’ would be persuaded by a charismatic blowhard who promised everything and delivered nothing – or, worse than nothing, disaster. They were concerned because they witnessed it in their lifetime.
The USA today is sadly lacking in those safeguards. It probably thought the safeguards were adequate, until Trump came along. For example, it was expected – among gentlemen, so to speak – that successful candidates would present their tax returns, refuse to turn the Presidency to their own profit, support their own intelligence services and justice department, treat long-time allies as allies and long-time adversaries as adversaries, and, in short, display at least some of the qualities I’ve quoted from Harris at the top of this post.
The safeguards, however, need to go much further than this, IMHO. The power of the Presidency needs to be sharply curtailed. A more distributed, collaborative and accountable system needs to be developed, a team-based system (having far more women in leadership positions would help with this), not a system which separates the President/King and his courtiers/administration from congress/parliament. Pardoning powers, veto powers, special executive powers, power to select unelected officials to high office, power to appoint people to the judiciary – all of these need to be reined in drastically.
Of course, none of this is likely to happen in the near future – and I still believe blood will flow before Trump is heaved out of office. But I do hope that the silver lining to the cloud of this presidency is that, in the long term, a less partisan, less individual-based federal system will be the outcome of this Dark Age.
situation USA 2: reflections on the Mueller Report and more recent events
I’m listening with moderate interest to Sam Harris’s recent interview with a legal journalist, Benjamin Wittes of Lawfare, about the Mueller Report. Harris and I share a total abhorrence of Trump, but Harris gives the appearance of being apologetic about it, presumably because he’s an American and a Big Name with a large following, a percentage of whom are Trumpets, who either follow Harris because of his castigations of the Left and identity politics, or just like trolling and giving him a hard time. So it’s no surprise that he’s been avoiding the Trump disaster over the last year or so, and focusing largely on more positive stuff.
However, with the Mueller Report all done, and Trump so far from done, he’s found an expert to dive into the report’s findings and implications. I’m not a lawyer of course, but I’ve read the report and, no doubt like many other such readers, I feel smugly annoyed at the way it has been misrepresented by both sides of politics.
I’m broadly in agreement with Wittes’s analysis of the report, even if I find the legalistic tone a little obfuscating at times, given the nature of the crisis created by Trump’s advent. One thing, though, I continue to be disappointed about – and this is common to most legal analyses I’ve heard, is a kind of dithering or a throwing up of the hands vis-a-vis ‘the indictment of a sitting President’.
Trump should now be in prison for the campaign finance violations he directed Michael Cohen to commit (and would be if he had lost the election). It seems to me grossly unjust that Cohen – though he did commit other crimes – should go to prison for two felonies related to payments Trump arranged to be made to women he had secret relations with, and one crime of lying to Congress about Trump’s financial dealings in Russia, without Trump also being charged and convicted. Cohen was sentenced to 3 years’ prison all up, and it appears impossible to separate the sentences for crimes directed by Trump from other sentences, but it’s certain that Trump, as the ‘Mr Big’ who hired Cohen, should receive longer sentences than Cohen for those particular offences. Presumably he will be charged and imprisoned when he leaves office – for these any many other crimes. If he isn’t, this will simply add to the USA’s well-deserved global disgrace.
Anyway, the interview takes the Mueller Report’s findings in order, first its release and the behaviour of Barr, then volume one and collusion/conspiracy, and then volume two and obstruction.
Wittes first defends Barr regarding the delayed, redacted release of the report. He describes the redaction process as ‘labour-intensive’ and time consuming, so that the near 4-week lag from the completion of the 400-plus page document to its release was justified. He also feels that the redactions themselves were by and large reasonable (something that can’t really be determined until we get to read the unredacted version). My essential quibble with this claim is that everything I’ve learned about Mueller, through reading the report itself and through listening to those who know him and have worked with him, is that he is meticulous and thorough in all legal matters. So it seems to me more or less certain that he would not have handed the report over in unredacted form. Of course Barr would’ve received the unredacted report as Mueller’s boss, but Mueller surely would’ve given detailed indications of what the redactions should be, and why those redactions should be made. Had Barr accepted those indications holus-bolus the report could’ve been handed over to Congress and the public almost immediately. There are two other reasons why Barr may have wanted to delay. First, to intrude further into the redaction process (in Trump’s favour), and second, to delay for the sake of delay, hoping that the commotion might die down, that ardour might cool even slightly, and even to delay the inevitable (as the Trump administration has been doing since).
Wittes next talks about the letter Barr wrote soon after receiving the report, and its distortion of the report’s content. This of course relates to the delay in the release of the report, because Barr’s summary, which he later tried to argue wasn’t a summary, seemed to exonerate Trump of all crimes, allowing Trump and his administration to claim complete innocence. The duplicitous ‘summary’, which Mueller himself criticised severely in a letter to Barr, seems further evidence that Barr’s delayed release of the redacted report was strategic. The duplicity is revealed, as Wittes points out, in an analysis of Barr’s selective quotes from the report, published in the New York Times. Having just read the letter myself, I find this quote particularly disturbing:
Deputy Attorney General Rod Rosenstein and I have concluded that the evidence developed during the Special Counsel’s investigation is not sufficient to establish that the President committed an obstruction-of-justice offense.
Having read volume two of the report, and listened to many legal analysts discussing it, I find this pretty astonishing. You’d have to wonder what could constitute obstruction, according to Barr (though the answer is pretty evident from his 19-page letter on the matter which got him appointed A-G in the first place). As to Rosenstein, his role in the administration is being reassessed in the light of this endorsement.
But now I need to interrupt this analysis in the light of a recent brief press conference held by Mueller. He has used this platform to stress the finding that, due to Department of Justice policy, charging the President with a crime was ‘not an option we could consider’ – that’s to say, it was never on the table from the start. This, presumably, regardless of the crime – murder, rape, grand larceny, treason, no crime is so heinous that it needs to be dealt with pronto. Instead, Mueller refers to his introduction to volume 2 of the report. Here is the essential message from Mueller’s presentation:
If we had confidence that the President clearly did not commit a crime, we would have said so. We did not, however, make a determination as to whether the President did commit a crime. The introduction to volume 2 of our report explains that decision. It explains that under long-standing department policy a President cannot be charged with a federal crime while he is in office. That is unconstitutional. Even if the charge is kept under seal and kept from public view, that too is prohibited. The Special Counsel’s office is under the Department of Justice and under the regulation it was bound by that department policy. Charging the President with a crime was therefore not an option we could consider. The department’s written opinion explaining the policy makes several important points that further informed our handling of the obstruction investigation…. First the opinion explicitly permits the investigation of a sitting President because it is important to preserve evidence while memories are fresh and documents available…. And second the opinion says that the Constitution requires a process other than the criminal justice system to formally accuse a sitting President of wrong-doing.
The words in italics are, importantly, Mueller’s emphases. As just about every pundit agrees, Mueller has emphasised this part of the report very deliberately to indicate that, now, that other process should take over. That’s to say, congressional oversight or impeachment.
But what Mueller and almost everyone else in the USA doesn’t get, is that this other process is fundamentally flawed because it is a political process. It is simply wrong to shirk the legal responsibility of dealing with legal issues, for one person only – the POTUS. It is, in fact, corrupt, to a degree that is so screamingly obvious to an outsider like me, that I feel like committing the whole nation to an institution for the criminally insane. And if the US Constitution permits this, so much the worse for that constitution. I must admit to being sick to death of the US Constitution being referred to in reverential and worshipful tones by Americans. It seems to make critical analysis impossible, almost treasonous. In any case, the implication of not being able to charge the President with clear-cut criminal behaviour, is this – with great power comes great immunity.
By not dealing directly with Trump’s criminality, or Presidential criminality in general, for whatever lame historical reasons, the Department of Justice has handed this situation over to partisan players, most of whom are not qualified or educated in law. This is wrong. And I’ve not heard a single US ‘expert’ point this out. To describe this as extremely frustrating is a vast understatement. I note that Mueller uses the weasel term ‘wrong-doing’ instead of crimes, to try to get the DoJ off the hook. It won’t do. Trump has committed crimes. His ‘fixer’ is in jail for some of them, and most lawyers happily say that they would win convictions for others. This whole sorry situation will damage, deservedly, the USA’s reputation for a long time into the future. Permanently, in fact, until it gets it the criminal liability of its all-too powerful leaders sorted out. Currently their President is above the law, and that’s the example they’re setting for heads of state everywhere.
situation USA 1: Billy Barr’s memo, etc
Jacinta: So we can’t get enough of the wacky world of US federal politics, maybe from a schadenfreudish perspective, since we’re not Americans and have no intention of setting foot in that mad bad sad world…
Canto: Fully of lovely people I should add. Very diverse.
Jacinta: Very, let’s leave it at that. But we’re fascinated that Trump is still trumpeting, and that the nation’s better half, actually more than half, has still not found a way to rid themselves of him. I’m very reluctant to attribute any smarts to Trump, because criminal types, in spite of many movie depictions, are rarely smart enough to avoid getting caught. Yet Trump is still at large. He’s obviously done many things right, re self-preservation, and even self-aggrandisement.
Canto: We think of criminals as dumb because they’ve been caught. That’s why we call them criminals.
Jacinta: Good point. Anyway, the slow train crash that’s US federal politics today may not be the Trump crash. He may well walk away from the wreck unscathed. The number of final scenarios from here seems virtually infinite.
Canto: So let’s jump right in. The Mueller team has produced a report, redacted to the public, but mostly available (with almost entirely unredacted summaries of each of the two volumes, on conspiracy and obstruction respectively), which we have read and which we’ve found to be extremely critical of the administration and Trump himself. We’ll be quoting from the report throughout this fun, multi-post analysis.
Jacinta: But first we want to have a look at the role being played by US Attorney-General William Barr, who’s currently standing between the Mueller Report and its reception and treatment, by Congress, by the US justice system, and by the American public.
Canto: Barr hasn’t been the A-G for long, having taken office on Valentine’s Day of 2019.
Jacinta: A loving day for Billy and Donny. Some background to the appointment. Trump nominated Barr for the position on December 7 2018, a month after the resignation of the previous A-G, Jeff Sessions. Trump, as example F of the Mueller Report’s many examples of possible or probable obstruction of justice relates, had been trying to get Sessions to either ‘unrecuse’ himself (a legal nonsense, according to many) from overseeing the Mueller Report, or to resign, throughout Sessions’ tenure in the position. Barr, who held the position of A-G back in the early nineties, was clearly aware of Trump’s frustration with Sessions and his desire for an A-G who would protect him, support him, be on his team, etc, and had sent, unsolicited, a 19-page memo, available online, which is well worth reading. You don’t have to be a lawyer to recognise the many flaws in Barr’s arguments, you simply need a good sense of logic, decency and fairness.
Barr’s memo begins badly, with the title – Re: Mueller’s ‘obstruction’ theory. The scare quotes are meant to imply that obstruction isn’t really a thing in this case, and possibly for Presidents in general. But the most telling word is ‘theory’, because, as we have seen from the report itself, and no doubt this is a feature of Mueller’s legal career, the Special Counsel doesn’t theorise much, he relies on case law and precedent, which he cites at enormous length, to hammer home his findings.
Canto: Yes, just reading the memo, the word ‘theory’ comes up in the second and third paras. I also note the use of scary words like ‘demand’, ‘threat’, ‘interrogation’ and ‘coerce his submission’, all used in reference to Mueller’s behaviour towards Trump, all piled up in the first couple of paras. It’s no wonder that some have surmised that this memo was intended for an audience of one – especially if that person hasn’t the attention span to read more than a page a month.
Jacinta: Well, Barr quickly moves to legalese, using terms like actus rea (actually actus reus) and mens rea – which mean, respectively, a criminal act, and the intent, or knowledge of guilt. What he writes in these next paragraphs is unexceptionable – he agrees that the President is bound by standard obstruction laws, and that Nixon and Bill Clinton were rightly impeached on obstruction in the form of impairment of evidence. But then he goes on to write:
Enforcing these laws against the President in no way infringes on the President’s plenary [absolute] power over law enforcement because exercising this discretion – such as his complete authority to start or stop a law enforcement proceeding – does not involve commission of any of these inherently wrongful, subversive acts.
Barr Memorandum, June 2018, p2
Canto: Hmmm, I think I see what Barr is trying for here. But first, why isn’t it jaw-dropping to grant absolute power to one person over law enforcement? Only in America, surely. The land of the individual super-hero. But what I think Barr is arguing here is that Trump’s attempt to stop a proceeding – the Mueller enquiry – was perfectly legal due to his plenary power. So, even if Putin’s Russia interfered with the 2016 election ‘in sweeping and systematic fashion’, and did so to substantially advantage Trump, and the Trump campaign knew about and welcomed that interference, it was perfectly legitimate for Trump to shut down an investigation into that interference and the Trump campaign’s response. Based on that view, all attempts to get the enquiry stopped or to change its focus were legitimate. End of story.
Jacinta: You’re getting there. And fortunately we don’t have to rely only on our own brilliant minds to critique this memo, as many lawyers have already done so. But let’s continue to go it alone for a while, and then see what others have to say. Barr admits at the outset that he’s ‘in the dark’ about many facts, yet he’s happy to speculate, claiming that ‘as far as I know’, and ‘seemingly’, this is what Mueller is actually doing – for example ‘proposing an unprecedented expansion of obstruction laws’. Again, we’re not lawyers, but I note that Mueller cites precedent many times in his report. And he doesn’t include in his examples of possible/probable obstruction the multitudinous tweets and speeches in which Trump denigrates the Special Counsel’s investigation as a witch-hunt and the Russian interference as a hoax. In a broad sense, this appears to me to be witness tampering – using the bully pulpit in the manner of dictators of the past, repeating a lie over and over until it becomes true. The witnesses here being the American public. But back to the memo. Barr homes in on USC 1512, subsection c2, which Mueller does indeed use in his report, but c2 seems to me clear-cut about obstruction, and covers many acts committed by Trump which Barr glosses over or doesn’t mention. In fact Barr seems to think that the only possibly obstructive act committed by Trump was the firing of Comey. Here is subsection c:
(c) Whoever corruptly (1) alters, destroys, mutilates or conceals a record, document or other object, or attempts to do so, with the attempt to impair the object’s integrity, or availability for use in an official proceeding; or (2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so.
Further, Barr states that, as far as he knows, Mueller isn’t accusing Trump of evidence tampering. But how far does Barr know? This is an assumption, and on the basis of that assumption he accuses Mueller of an over-reach which in any case makes no sense on the basis of a straightforward reading of c2.
Canto: Well according to Barr, c2 shouldn’t be read as standing alone, it should somehow be read in the context of 1512 c as a whole. To me, though, it clearly reads as a necessary addition to c1, which doesn’t deal adequately with all the nefarious ways and means of obstruction. Barr describes the use of c2 as allowing an ‘unbounded interpretation’ of obstruction. But the law surely requires a definition of obstruction that captures the myriad ways that obstruction can occur – myriad but at the same time obvious to any well-reasoning witness.
Jacinta: Interesting – Mueller and Barr are friends of at least 30 years’ standing, which is a worry, and this makes me imagine, and perhaps it isn’t just imagination, that Mueller is writing up his report partly in refutation of Barr’s claims. That’s based on reading just three pages of Barr, but we’re often more miffed by the criticism of friends, and blokes are such competitive bulls.
Canto: Yes but you could be onto something there. Mueller dwells at length on 1512 c2 as the basis for his obstruction analysis, as well as on the three elements that must be fulfilled to show that obstruction has occurred – obstructive act, intent, and connection to an official proceeding – and towards the end of the report (Vol 2 III. Legal defences to the application of obstruction-of-justice statutes to the President), Mueller directly addresses the issue of 1512 c2, not in response to Barr, but in response to Trump’s personal counsel. These remarks summarise the Special Counsel’s position:
In analyzing counsel ‘s statutory arguments, we concluded that the President’s proposed interpretation of Section 1512(c)(2) is contrary to the litigating position of the Department of Justice and is not supported by principles of statutory construction.
Mueller Report Vol 2, p159
Jacinta: Yes I like the report’s succinctness, with the above summary being followed by a great deal of case law, constitutional argument and so forth. Of course we’re not conversant with all the precedents and the possible constitutional nuances, but we note that these arguments – which may well be directed at rebutting Barr – are detailed and cool, lacking the sense of outrage we find in Barr, regarding over-reach and unprecedented interpretations. And they do seem to confirm our amateur understanding that 1512 c2 is intended to cover acts other than the physical destruction of evidence – and those other acts would be an open-ended set.
Canto: Yes, Barr quibbles a lot on the term ‘otherwise’ in 1512 c2, and Mueller responds to that.
Jacinta: But if we move out from the detailed law into the world of basic ethics, we should be able to recognise that Barr’s position is nothing short of appalling. He tries to argue – and he did so in the senate hearing – that it’s not obstruction if the President ‘thinks’ that the proceeding is corrupt, and so wants to shut it down. So, according to Barr, Trump’s endless claims of a witch-hunt are sufficient justification for him to dismiss the Special Counsel! That’s laughable. I mean Trump would say that, wouldn’t he? Not that this is what Trump thinks. He knows full well that he’s a career criminal. It’s what every career criminal would say when brought to justice. Duh.