an autodidact meets a dilettante…

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Posts Tagged ‘impeachment

the wanker in the white palace 3: the impeachment failure

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words words words

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.

Written by stewart henderson

February 15, 2020 at 11:54 pm

USA – suffering for its own failure

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Marie Yovanovitch – under threat

The commentariat is divided, though perhaps not entirely on partisan lines, on the treatment of the American President.

It’s becoming clear that, in the USA and elsewhere, people are inhabiting their own social media bubbles. There’s no doubt this is a massive change. Twenty years ago, the term ‘social media’ didn’t exist. Today, when you walk down the street, or catch public transport, you will see people clutching their social media connection machine in their hands as if their life depended on it, and much of the time they’re fully engaged with it. I’m not sure that this social media world can be divided clearly on left/right political lines, but it’s fairly clearly affecting the political understanding of vast numbers of people.

The commentariat, however, more or less represent the intelligentsia, and we expect them to be less in thrall to social media. Yet the division is striking, even if, it seems, uneven. I may be biased, I’m not sure, but it seems to me that those disparaging and mocking, or claiming to be bored by the career diplomats testifying to their frustration and alarm regarding the covert operation to extort the Ukraine government, are in a minority, though a loud one. At the same time, the US President was smearing, via Twitter, the former US ambassador to Ukraine, Marie Yovanovitch, as she was about to testify. As all the evidence shows, Yovanovitch was removed from her post by Trump, and threatened by him in a phone call to the Ukrainian President, saying ‘she’s going to go through some things’. The President described this phone call as ‘perfect’.

All of this is well known, as is the reason for Yovanovitch’s removal. She was a hindrance to the extortion plot. 

So why isn’t the President in prison, as should and would occur in every reasonably regulated democratic country? The case is easy to prove, it is admitted by the culprit, and involves a number of first-hand witnesses. This morning I heard a member of the commentariat lay this all out in some detail, then lament that it’s ‘very unfortunate and appalling’, and so forth. And of course many others agreed. Their helplessness is sad, indeed tormenting, to behold.

The President should be held without bail, because of his known compulsion for witness tampering and intimidation, until the date of his trial, but of course this isn’t happening, not because the President is immune from prosecution while in office, but because – despite the massive opportunity for any holder of presidential office to pervert the course of justice – there is no clear law regarding how to treat a criminal President. That this is so, is damning. Waiting for that President to leave office is not a solution, as should be abundantly clear, even to a ten-year-old. 

What continually astonishes outsiders like myself is that the commentariat within the USA seems perversely unaware of this failure in the US politico-legal system. With great power – and the power of the US president is, IMHO, far too great – must come great legal responsibility. It’s one of the many failings of the American presidential system that this is not made abundantly clear though black letter law, and plenty of it. Depending on the Constitution, brilliant and wondrous though it might be, is insufficient. 

Written by stewart henderson

November 16, 2019 at 12:18 pm

America’s disgrace – presidential criminality in plain view

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George Kent reads his opening statement to the House

As an outsider looking in, I’m appalled by the US Presidential system, and the licence given in that country to its head of state. I’ve learned over the past few years of watching the slow train wreck that is this presidency, that the US head of state is granted a level of immunity that should never be granted to any individual in a democracy. This is a total disgrace, and seems to have infected the judgment of many observers and commentators. I suspect they’re blinded by the power granted to the US head of state, and by the ease with which anyone, no matter how corrupt and incompetent, can become the head of state (providing they have sufficient funds and influence). Presidents in the USA seem to be idolised beyond normality, in a land of Superheroes. This love of Superheroes, in film and elsewhere, is a somewhat juvenile trait, and a dangerous one. Its dangers have generally gone unnoticed because most US heads of state have been cognisant of, and respectful of, the rule of law. The problem has become evident with the advent of a charlatan posing as the greatest Superhero of all, and who is perfectly willing to take advantage of the power granted to him to realise any of his whims and desires. 

Just today, at the end of the first day of public impeachment hearings, I’ve listened to the opening statement of career diplomat George Kent. His statement highlighted for me the enormous damage done to a sovereign state, Ukraine, by those working for the personal interests of this President. And yet I heard a panel of journalists, I believe from CBS, more or less agree that there was wrong-doing which however wasn’t impeachable. I couldn’t help but feel that this commentary was shocking and disgraceful.

Impeachment is a process derived from the United Kingdom, where it is now obsolete. It has never been a part of the Australian system and should, I think, be removed from any democratic system, and replaced by solid, clear law. Hopefully Americans will wake up to this one day, though I’m hardly sanguine about it. 

Americans – and I’m really talking here about the intelligentsia – seem overly obsessed with their constitution. Some are even describing this latest crime of their President as bribery, simply because that crime gets a specific mention in the constitution, which is preposterous. The eighteenth century constitution doesn’t go into great detail about the crimes a President might commit, nor should it, because it should be evident that the President would be held accountable for any law-breaking, to the same extent as any other US citizen. To accept or facilitate any other outcome for the head of state would itself be a form of corruption or criminality.

The US President, and his acolytes, notably Rudi Giuliani, are clearly guilty of extortion – demanding a thing of great value for the President, with menaces, or via coercion. This crime has essentially been proven. This particular case is also at the very high end for this type of crime, as it involves the extortion of an entire nation, an ally of the USA, endangering countless lives and a nation’s freedom. A very hefty prison term should be demanded for all involved. This should not be in any way controversial.

Failing this – impeachment? To describe this as a poor substitute would be the greatest understatement in American history. The democratic world watches with bemusement tinged with contempt.

Written by stewart henderson

November 14, 2019 at 2:39 pm

the boy in the white palace 5: empêchement? sûrement pas, and farewell

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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…

Written by stewart henderson

November 11, 2019 at 12:20 pm

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

Trump and the USA’s failure, part 2: effective law and distributed power

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I have established the republic. But today it is not clear whether the form of government is a republic, a dictatorship, or personal rule.

Mustafa Kemal Ataturk

Australia’s House of Reps – politics as a team sport – mostly!

Australia has a Constitution, and so does Britain, but we don’t talk about them much – they don’t loom so large over the political system. The Westminster system doesn’t have an impeachment process, for the obvious reason that it is surplus to requirements. Due to its being a political process, impeachment is an unmitigated disaster.

So what happens, under the Westminster system, if a Prime Minister ‘goes rogue’ and either breaks the law or conducts herself in a manner contrary to the nation’s interest?

Well we need to step back a little to answer this question, because, under the US system, an elected President can be a rogue from the start. Trump is a clear case in point. Trump was, of course, far from being regarded as kosher by the Republican powers-that-be when he first suggested himself as a Presidential candidate, so he took his Barnum & Bailey campaign directly to the public, and in doing so highlighted the central problem of democracy, recognised two and a half thousand years ago, by Plato and Aristotle, who were unabashed anti-democratic elitists. The problem being, of course, demagoguery or populism – the notion that the public can be easily swayed by a candidate who promises everything and delivers nothing. The fact that this remains the most central problem of democracy surely says something about humanity in general – something that we may not be able to fix, but which we need to be on our guard against. Democracy is in fact a seriously flawed system – but far better than any other political system we’ve devised to regulate our seriously flawed human nature.

Under the Westminster system it’s far more difficult (though perhaps not impossible) for a ‘rogue from the beginning’ to reach the top of the political tree, because Prime Ministers aren’t directly elected. In fact the Westminster system has no correlate to the US presidential system, its general elections being much more correlated to the US mid-terms. This means, in effect, that under the Westminster system there is one set of general elections to two under the US system. Having two sets of general elections every four years seems a little over-indulgent. It means that you’re always preparing for or recovering from some election or other, and I’m not convinced that this is a good thing for your political health or your economy. And if you were ever to consider dispensing with one of those two sets of elections, clearly the Presidential elections should be the one to go.

Of course, this is sacrilege. Americans are obsessed with their Presidents – they even remember them as numbers – it’s bizarre. But it’s part-and-parcel, of course, with US individualism. It’s not surprising that the superhero is largely a US phenomenon. Many of your worst movies feature a Rambo or Indiana Jones-like character who single-handedly wins out over the baddies, often against a background of official incompetence or corruption. Think again of Trump’s OTT drain-the-swamp campaign rhetoric. And speaking of OTT, let’s not forget the carnivalesque razzamatazz of US Presidential elections, and the oodles of money that candidates are expected to raise, for no reasonable reason as far as I can see.

So, bearing all this in mind, let’s compare the situation and the job description of a Westminster-style Prime Minister with a US President.

Generally the Prime Minister is already an elected member of a party (either of the left or the right) and is chosen by parliamentary members of that party to be leader – much like a captain of a soccer team is already a player in the team and has proven herself to be experienced and knowledgable about playing the game and getting results. She has, in other words, earned the respect of her fellows. The Prime Minister works alongside her fellows, and under the scrutiny of her opponents, in the parliament. The President, on the other hand, is completely separate from parliament and surrounded by his own hand-picked team of very powerful courtiers, who need not have had any previous political experience.

The Prime Minister is able to choose her own cabinet, but only, of course, from elected members of parliament. All cabinet ministers, and indeed all MPs, are under continual scrutiny from other members of the House or the Senate. If the Prime Minister herself (or any other minister) is thought to be ‘going rogue’ or underperforming, she can be subjected to a no-confidence or censure motion in the House – requiring a simple majority. These have sometimes been successful, resulting in a change of Prime Minister between federal elections. While traumatic, such changes of leadership have nowhere near the impact that a change of President would have, since under the Westminster system the power is far more distributed, the team is far more important than its captain. The ‘great man’ Presidential system is such, however, that the only feasible way of dumping a President is by impeachment – an overly elaborate and highly political procedure that is almost designed to inflict trauma upon the populace.

There is, of course, no provision for impeachment in the Westminster system, and there has never been any need for such a process. A Prime Minister can, of course, be dumped for any number of reasons – most of which fall very far short of high crimes and misdemeanours. However, if a Prime Minister does go that far, she would be dealt with by law. There’s no suggestion under the Westminster system that a Prime Minister or any other minister or government official, would be immune from prosecution while in office. To me, the idea is totally absurd, for it seems far more reasonable that the precise opposite should be the case – that a country’s leader should be held to a higher legal standard than any other citizen. In other words, with great power comes greater legal responsibility, as a matter of course. Any political system that operates otherwise is simply rotten at its very core. It follows that the nation’s body of law, not the constitution, should govern the behaviour of those holding high office in government. For example, gaining a financial benefit from holding high office, other than the official salary and benefits that accrue to that office, should be illegal and cause for immediate dismissal in the most straightforward way. Contravening campaign finance laws should also be dealt with severely and immediately. If this causes a crisis in government, then clearly the system of government needs to be reformed, not the law. The constitution is at best a quasi-legal document, a laying out of the political system and the roles of its component parts. As an eighteenth century document, it can’t possibly be expected to cover the legal responsibilities of 21st century office-holders. That’s the vital role of a living, constantly adjusting body of law, to keep up with the legal responsibilities of a constantly modernising and complexifying political and business sector.

But let me return to the situation of Presidents, and candidates for the Presidency, since it’s unlikely that the US is going to give up on that institution.

You’ve learned the hard way that a rogue from the outset can bypass the traditional party system and win enough popular vote – with the help of a foreign nation – to become the leader of the most militarily and economically powerful nation on earth, despite having no political experience, no understanding of his nation’s history, no understanding of the geopolitical framework within which his nation operates, and no understanding of or interest in the global issues that all nations need to work together to solve. In other words, you’ve learned the hard way that anyone can indeed become your President, no matter how unsuited they are to the position. So how do you stop this from ever happening again?

Well if you insist on maintaining a system which ultimately pits one superhero against another, then you need I’m afraid, to admit to a serious but really rather obvious deficiency of democracy – the attraction of the demagogue (and I leave aside here the inherent problems of a state in which so many people can be hoodwinked). You need to vet all Presidential candidates with a set of questions and problems pertaining to both character and knowledge. Character questions wouldn’t be just of the type “What would you do if…” or ‘Do you think it is right to…’, questions that a sociopathic personality can always find the ‘successful’ answer to (though it’s doubtful that Trump could). They should be in the form of complex moral dilemmas that experimental psychologists have been adept at formulating over the years, requiring essay-type responses. The knowledge questions, by comparison, would be straightforward enough. Such tests should be assessed by professional diplomats and psychologists. This vetting, of course, cuts across the democratic process with a measure of ‘adults in the room’ intellectual, emotional and ethical elitism. Because of course you need a member of the intellectual and ethical elite to hold such a high office.

You might argue that Prime Ministers aren’t formally vetted, and that’s strictly true, but there’s at least an informal vetting system in that leaders have generally to climb from the ranks by impressing colleagues with their communication skills, their understanding of policy, their work ethic and so forth. It’s also the case that Prime Ministers have far less power than US Presidents – who have pardoning powers, special executive powers, power to shut down the government, veto powers, power to select unelected individuals to a range of high offices, power to appoint people to high judicial office and so forth. It’s hardly any wonder that characters like Trump are frustrated that they can’t take the next few steps towards total dictatorship. It’s interesting that I’ve recently heard a number of US pundits saying out loud ‘this isn’t a dictatorship’, as if they need to remind themselves of this fact!

Many will scoff at all this gratuitous advice. But you currently have a self-styled ‘very stable genius’ – a boorish, blustering, bullying, belly-aching buffoon in fact – in barricaded isolation in your White House and due to the multi-faceted failings of your politico-legal system, you can’t get rid of him as easily as you obviously should be able to, and I honestly feel that things will get much much worse before you do get rid of him. You can’t blame Trump for this – he has been exactly the same person for over 60 years. The fault lies with your system. If you don’t change it, you’ll never be able to regain the respect of the rest of the democratic world.

Written by stewart henderson

October 7, 2019 at 1:21 pm

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Written by stewart henderson

May 31, 2019 at 8:38 am