Posts Tagged ‘Justice’
getting wee Donny 4: the waiting game
the USA’s massive incarceration system – and the details are much worse – but the worst get rewarded
Canto: So we’re sick of wee Donny, and more importantly there’s so much that’s more valuable to write about….
Jacinta: But to be fair, and to be positive, this is about justice and reform, so that nobody like that can ever be allowed such power in the future, in a country that claims ad nauseam that it’s a paragon of nations etc etc.
Canto: Yes, reform of the political and the justice system – neither of which is likely to happen in the near future – is obviously required in the USA, and with their new, highly-regarded Attorney-General, not yet sworn in, hopefully some vital reforms can happen.
Jacinta: So the US Supreme Court has finally decided not to take up the appeal by the trumpets regarding the handing over of financial documents to the Manhattan DA. And this is another area requiring reform – endless appeals processes which not only deliberately waste time but use up the resources of the justice system for no good reason. There need to be penalties for this, and restrictions on the appeals process, which obviously favours the wealthy.
Canto: Though as to how wealthy this money-grubbing serial bankrupt is, that’s to be ascertained….
Jacinta: He seems to always have lawyers to pursue all these appeals, and they wouldn’t be stupid enough to do it gratis – or would they? I’ve never had the money to hire any lawyer, not that I’ve ever needed to. What a boring life I’ve led. Anyway, all these financial docs relating to wee Donny’s businesses for an eight-year period, 2011 to 2019, have been handed over to Cyrus Vance, the Manhattan DA, who has hired forensic tax and financial specialists and a crack lawyer, Mark Pomerantz, all of which indicates that this will be a Big Show, involving wee Donny’s wee kiddies and his long-time CFO, Allen Weiselberg, among others.
Canto: I just hope it happens soon and doesn’t drag on – justice delayed is justice denied. Pundits are talking about the ‘bad look’ of an ex-Prez perhaps being jailed, which infuriates me. World leaders are precisely those whose wrong-doings have the most profound consequences – in this case covid-19 fatalities, vulnerable kids permanently losing track of their parents, Kurds left high and dry in the Middle East, Saudi princes rewarded for murderous deeds, and the rise of hate crimes within the USA, all due to wee Donny’s soi-disant leadership. Not to mention all the victims of a fifty-year white-collar crime spree before that.
Jacinta: Well, he’s still at large, and campaigning for his trumpets in Ohio, Georgia and elsewhere. Pundits are disputing whether or not he’s a spent political force. It’s astounding. The prospective A-G is promising to get to those behind the attack on the Capitol, and the stink leads directly to wee Donny. And there’s so much else. Where did all that 2016 campaign money go? What’s now to be uncovered from the Mueller enquiry? What dodgy material is there from his time in office? Dodgy deals with Saudi Arabia, inaction on the Khashoggi murder, and of course Russia and Putin. It goes on and on. What a nation.
Canto: People are claiming that the GOP is being destroyed by the continuing presence of this wee bloke. Poor GOP. Many of them are still talking of election fraud, though the result of the election was in line with every opinion poll, left-wing, right-wing, centrist and aggregated, over four years. Wee Donny was on the nose – something to do with his nappy – within a few weeks of being elected, and he stayed that way throughout. So his 2020 loss was as predicable as the sunrise.
Jacinta: Well I draw some hope from Michael Cohen, who’s currently capitalising on his role as reformed trumpet. He claims that wee Donny hates being the defendant in court cases, because he always loses. So bring on the civil cases as well as the criminal ones. Cohen himself is suing Donny’s Disorganisation for $2 million in legal fees – proof that even bad lawyers don’t come cheap in the USA.
Canto: Haha, actually they’re legal bills, incurred during the Mueller and congressional probes. The Donny Disorganisation promised to indemnify him for those costs, according to Cohen, who’s been assisting the legal authorities on all this stuff for some time. And wee Donny’s wetting himself about it all, of course.
Jacinta: So – felony charges in Atlanta, Washington DC and New York, and civil cases all over the place, and yet we seem to be in a holding pattern, with as yet no A-G, no charges being laid, and with Donny’s supporters going crazy for him, imagining he’ll return to office on March 4, or that he’ll have a second coming in 2024. To do what?
Canto: What about the sexual allegations? Business Insider Australia did a report on this back in 2017. Apparently some 26 women have accused Donny of sexual misconduct, but the E Jean Carroll sexual assault claim seems the stickiest.
Jacinta: Great choice of words mate. According to a recent David Pakman video, and a CNN political piece, another woman, Summer Zervos, also has a defamation suit against Donny, related to sexual assault allegations. That case was put on hold recently and will be argued before the Court of Appeals. If Donny loses these cases – and the Carroll case looks the more serious – I presume it will mean he’s been caught lying, and the women have been caught truth-telling, and then they could go on to criminal proceedings. Pakman, though, is doubtful, and talks of a two-tiered justice system, which I have to say, seems to exist everywhere. Most people who get caught up in the justice system can’t afford any lawyers, let alone those who’re adept at running out the system for their clients.
Canto: Yes I don’t suppose it’s worthwhile to spend too much more time waiting on justice for someone who’s been so easily able to flout the law for so long. And yet…
Jacinta: There are so many victims, let’s not forget.
References
https://www.businessinsider.com.au/women-accused-trump-sexual-misconduct-list-2017-12?r=US&IR=T
UH-OH: Trump May Have to Answer Rape Allegations…Under Oath (David Pakman video)
https://edition.cnn.com/2020/01/07/politics/summer-zervos-trump-lawsuit/index.html
getting wee Donny 3: Georgia on his mind
this list is from 2019, and so the list goes on…
Canto: So several pundits are claiming that Donny’s Georgia antics may pose the most immediate of his problems.
Jacinta: ‘I jes wanna find 11,780 votes, which is more than we have..’ That’s from the January 2 call to Brad Raffensperger, to be used in evidence.
Canto: Yes, the Georgia Secretary of State, a Republican, released this recorded phone call to the public, and has become a hero, and a target, ever since.
Jacinta: The key word here is ‘find’ – as well as the number, of course. He could no doubt claim that he feels certain some votes were ‘lost’, accidentally or deliberately, by the vote-counters, whom he’d like to claim are opposition plants, but he only wants to find, with the help of the Secretary of State, enough to win the election in Georgia – which still wouldn’t win him the presidency.
Canto: Which raises the question – so obvious to investigators – as to whether he leaned on other close jurisdictions (Arizona from memory was one) to find other votes, considering that his target wasn’t just Georgia.
Jacinta: Must be hard on wee Donny, having to think of more than one problem state at a time.
Canto: Apparently a new Georgia DA, Fani Willis, is looking to make a name for herself – and all power to her – by launching an investigation into the nappy-clad buffoon that United Staters, in their infinite wisdom, chose – or actually didn’t choose by some 3 million votes – as their numero 45.
Jacinta: She’s been in the job for six weeks, and is destined to become quite the historical figure. Already the case might involve Lindsey Graham, Joker Giuliani and other trumpets trying to carry out wee Donny’s agenda. The key statute is ‘criminal solicitation to commit election fraud’, a phrase that plays in my ears like the music of the spheres.
Canto: Mmmm, sounds a bit clunky to me. ‘Conspiracy to commit treason’ sounds sweeter.
Jacinta: Come on, he doesn’t want to betray his nation, he just wants to own it.
Canto: True enough.
Jacinta: So this is a felony requiring at least a year in prison, and it’s surely as strong a case as can be had, and there may be more, including racketeering and conspiracy charges. But according to the NYT, Willis is a centrist who feels she has an obligation to follow the law in these matters.
Canto: Actually she’s the Fulton County DA. How many DAs do they have in that country?
Jacinta: One for every district presumably. That’s 94, according to the DoJ. Almost two per state, but presumably a state like Alaska would have one, and California several. But I’m looking at these districts, and Fulton County isn’t on there, and Fani Willis isn’t mentioned. Georgia apparently has three districts – northern, middle and southern – but it also has county DAs, and dog knows how many of them there are throughout the country. Anyway, Fulton County covers much of Atlanta, the state’s capital, so it’s pretty central.
Canto: So, in this infamous phone call, wee Donny also issued threats – first, that he’d refuse to support the Georgia candidates for the Senate, who both went on to lose their elections.
Jacinta: Though I wouldn’t blame wee Donny for that – great grassroots work by the Democrats was, I prefer to think, the principal reason for Warnock’s and Ossoff’s wins.
Canto: And secondly, Donny actually threatened Raffensperger with criminal charges if he didn’t comply with his orders. I’m reading this Slate article, which says, inter alia:
As election law expert Rick Hasen noted at the time, there is no question that Trump was asking Raffensperger to manufacture enough votes to overturn the Georgia election on the basis of paranoid delusions.
But I’d object to the term ‘paranoid delusions’. Donny’s just a manipulating windbag, it’s his only way of being. That means never ever losing, as he’s not adult enough – to put it mildly – to take it. Anyway, the Slate article lays out the law:
Any person who “solicits, requests, commands, importunes, or otherwise attempts to cause the other person” to falsify voting records is guilty of “criminal solicitation to commit election fraud in the first degree.” The crime is a felony offense, punishable by up to three years in prison (and no less than one year). An individual is culpable even if they failed to induce fraud.
Jacinta: So that seems pretty straightforward, but what with the role of money and dodgy lawyers and such, it doesn’t seem that anything to do with crime is straightforward in that country. Anyway, as mentioned, there’s a possibility that Lindsey Graham might be in trouble too, due to his ‘enquiries’ about maybe tossing out some mail-in ballots, and Joker Giuliani for promoting conspiracies about the election.
Canto: But the Georgia republicans are making a desperate attempt to change the rules so that a ‘grand jury’ (United Staters love their ‘grand’ shite) would have to be drawn from the whole state rather than Fulton County, which is a Democrat stronghold. But they don’t have the numbers, apparently. But it’s an indication that republicans are still keen to go along with wee Donny and his government-stuffing ways to hell and back.
Jacinta: So, lots to look forward to. We might turn our attention to the new administration’s Department of Justice next. Merrick Garland has a senate confirmation hearing on February 21, and no doubt republicans will throw dumb partisan questions at him, but he’ll be confirmed, and I don’t think he’ll be able to avoid all the corruption that clearly went on at the behest of wee Donny.
Canto: I’ve heard he’s also going to make domestic terrorism a major focus – so look out Antifa, or something…
Jacinta: Yes, on that matter, I’m wondering if wee Donny will actually get caught up in all the charges resulting from the January 6 events, since so many seem to be now saying Donny made us do it, if it weren’t for wee Donny, etc etc.
Canto: Oh let me count the many many ways to get wee Donny…
References
Donald Trump may be charged in Georgia court for election fraud, conspiracy (video)
https://slate.com/news-and-politics/2021/02/trump-raffensperger-election-fraud-criminal-charges.html
Georgia Republicans Are Trying to Change the Rules for Fani Willis’s Prosecution of Donald Trump for Election Crimes
getting wee Donny 1: 2016 campaign finance violations
one of wee Donny’s ‘reimbursement’ cheques – a smoking gun?
Canto: So we both agree that free will is a myth, and that this has major implications for crime and punishment, but we’re also both human – at least I am – and we want to see nasties being punished, and in fact we delight in it. As a person with a lifelong loathing of bullies, I’ve too often fantasised about bullying those bullies, even torturing them endlessly. And I do wonder if my sudden interest in US politics from the time wee Donny looked like he might bullshit his way into their presidency has more to do with gunning for his downfall than anything else.
Jacinta: Yes we think similarly but we have the capacity also to step back and be more analytical and curious about a system that allows such an obvious scammer to take up the very top position in what so many ‘Americans’ – and I put that in quotes coz I’ve heard quite a few inhabitants of that double continent getting annoyed that these ‘Americans’ refer to themselves in that exclusivist way…
Canto: But what should we call them? Yanks? Uessians? United Staters?
Jacinta: Yeah, good, let’s call them United Staters from now on. So many United Staters think they have the world’s greatest nation…
Canto: As the Brits did in their days of glory in the 19th century…
Jacinta: True, the myth of economic power entailing moral superiority dies hard, and jingoism is a major barrier to national self-analysis. So we, as outsiders and non-nationalists might be better equipped to examine why it is that wee Donny, with his so obvious incompetencies, manipulations and deceptions, has gotten so far and damaged so much, with so few consequences. What does it say about the USA, are these deficiencies shared by other nations (leaving aside the out-and-out dictatorships and undemocratic oligarchies), and can the USA redeem itself by imposing some sort of justice on this character, for the first time in a long lifetime?
Canto: Yes, so this series, ‘getting wee Donny’ will look at his crimes, at the system that allowed them, and how the system might reform itself, or transform itself into something more respectable, so that nothing like wee Donny can arise again. And this means not only looking at their criminal justice system, but the anti-government ideologies that have supported wee Donny’s destruction of responsible and effective government. There’s a malaise in that country, which might prevent wee Donny from facing justice, for fear that the malaise turn into a pandemic of self-slaughter. Are we facing the downfall of the USA?
Jacinta: Unlikely. Too many WMD for a start. And the nation has a lot of smarts, in spite of all the morons.
Canto: Morons with guns, and lots of them. And enough brains to make plans…
Jacinta: Yes, there are a lot of obstacles to getting wee Donny, but first I want to look at the plans to get him, now he’s unprotected by infamous and absurd claims to presidential immunity, unworthy of any decent nation.
Canto: Actually, I’d like to look at how Australia and other Westminster-based nations, and other democracies in general, deal with crimes committed by political leaders while in office. I agree with you that immunity for those in the highest political office is absurd, they’re the last people to be given immunity, and should have a whole panoply of laws applied to them, but look at Israel, where Netanyahu appears to be getting away with all sorts of dodgy behaviour. We can’t go blaming the US without checking out any possible beams in the eyes of others, including ourselves.
Jacinta: Haha well I wouldn’t describe the USA as having nothing more than a mote in its political eye, but point taken. We’ll look at the legal accountability for Australian and other political leaders as we go along, but wee Donny is now a private citizen, and I recall that one of his first crimes in relation to the whole presidency thing occurred when he was a candidate, and he paid off a couple of women to remain silent during his campaign. His then lawyer and ‘fixer’ Michael Cohen was sentenced and imprisoned for a range of crimes, including campaign finance violations at the behest of ‘individual one’, known to be wee Donny. This was confirmed by Cohen in congressional testimony, and two cheques signed by Donny, reimbursing Cohen, were presented as part of that testimony. Six other reimbursement cheques were shown to the New York Times, but it seems none of these cheques provide details of what these reimbursement were for, if indeed they were reimbursements at all.
Canto: Mmm, so far, so weak. It would be worth having a closer look at that part of Cohen’s charge sheet that includes, from memory, two charges of campaign finance violations. Also, did his sentencing go into detail about what part of it was specifically for those violations? Clearly the fact that he was convicted of of campaign finance violations makes some sort of evidence in itself. Cohen wasn’t the one running for office, he did it for Donny, as the charge sheet presumably states…
Jacinta: There’s a press release from the Southern District of New York from August 2018 stating that Cohen pleaded guilty to, among other things, one count of ‘Causing an unlawful corporate contribution’ and one count of ‘Making an excessive campaign contribution’, each of which could incur a maximum penalty of five years’ imprisonment. But here’s the thing – Cohen pleaded guilty, and wee Donny would never do that. And another problem is that, according to Stephen Weissman, writing in the Washington Post, there’s a legal requirement for campaign finance violations to be ‘wilful’, that is, done with knowledge that they’re illegal.
Canto: So in some cases, ignorance of the law is an excuse.
Jacinta: Well, yes, perhaps because some kinds of law, like these, are intricate and complex, and it might be easy to break them in all innocence.
Canto: Innocent wee Donny, sure. I think you could make a case stick here.
Jacinta: Hmmm. We’ll have to wait and see – until after this empêchement shite has failed – if SDNY goes ahead on this front. Meanwhile there are many other trails – and possible trials – to follow.
References
https://www.pbs.org/newshour/politics/how-michael-cohen-broke-campaign-finance-law
https://www.vox.com/2019/2/27/18243038/individual-1-cohen-trump-mueller
Reading matters 5
Eichmann and the holocaust, by Hannah Arendt
content hints – the bureaucratic mind, ideological muddles, the replacing of slaughtered sub-groups with museums, the Nuremberg laws, the corralling and subjugation of the Jews, the brown shirts and the black shirts, zionist optimism, Eichmann as zionist, Eichmann as idealist, Eichmann’s gormlessness and petty pride, protecting the ‘best Jews’, an environment of death, the final solution, everyone on the same page, conspiracies of silence, Jewish denial of reality, control of deportations, policing of ghettoes, the impossibility of open dissent, failures of prosecution, failures of defence, reflections on an international criminal court, Eichmann’s final clichés, the banality of evil.
The Israeli horrorshow that our governments pretend isn’t happening
Canto: We just have to talk about Israel. It’s doing my head in.
Jacinta: I know. So let’s start with the slogan – don’t know if its like some official government position – ‘Jewish and Democratic’ – do you see the problem with that?
Canto: You know I do. Democracy is, at least theoretically, inclusive, while Jewishness is, most practically, exclusive. The two are as immiscible as lipids in water.
Jacinta: Well put. And on that basis, I mean considering the putative inclusiveness of democracy, much-touted Athenian democracy, which never lasted long anyway, was never really democratic, because women weren’t regarded as citizens, in fact they were virtually non-persons.
Canto: Right, not to mention slaves, who would’ve been a substantial proportion of the population, and non-citizens like Aristotle, who could never become citizen-voters, despite their contributions to the state. But turning to modern democracies, we’re far more sensitive to the need for inclusiveness if we’re to legitimately describe ourselves as democratic – think of the national shame we feel in Australia about not allowing our indigenous people the right to vote until the early sixties. And of course anyone from overseas who becomes an Australian citizen not only can but must vote here.
Jacinta: But we don’t think of our country as ‘Australian and democratic’, in spite of some pollies and others trying – unsuccessfully in my view – to characterise typical Australians. And the same with Brits and Americans.
Canto: So that takes us back to Israel and the Jewish obsession with cultural identity, and its association with a particular piece of land, which some Jewish people seem to think is exclusively and eternally theirs. We’ve read a number of texts on the Palestine-Israeli tragedy, or disaster, or whatever you choose to call it, the first one being The case for Palestine, by Australian lawyer Paul Heywood-Smith, which focuses particularly on the legal issues re the creation of the Israeli state, as well as all the hard-headed lobbying of western politicians by Zionist ideologues in the early twentieth century. It was most educational, but what has most haunted me since reading the book is a less characteristic passage:
What is a secular American Jew? 22% of American Jews now describe themselves as having no religion. That figure rises to 32% for those born after 1980. Is this secular American Jew an American? Is he/she a Jew? Is he/she an Israeli living in the US? Why do Jewish American Organisations regard assimilation as the greatest danger? Religious Jews no doubt have a reason to call themselves Jews. But non-religious American Jews no longer suffer discrimination….. Why can’t they just be American? The answer is – Israel
Paul Heywood-Smith, The case for Palestine, p83.
The reference here is to American Jews but of course it equally applies to Australia, Britain or any other country. It’s strange that Jewishness, which began as a religious rather than a national signifier, should continue to have such significance for non-religious Jews. I think there are two answers rather than one: first, the land of Israel, which was propagandised in Jewish religious writings as ‘the promised land’, upon which was built a magnificent but totally mythical kingdom under David and Solomon, and second, the history of Jewish oppression, throughout Europe in particular, culminating in the holocaust. This has combined to create a heavy sense of culture, associated with a particular stretch of land – which, to be factual, never belonged wholly to the Jews during Old Testament times.
Jacinta: Yet it’s still strange. It does seem, though, that heavy culture – in which one’s culture almost seems to take precedence over one’s humanity – is generally forged in opposition to oppressors. Members of indigenous cultures, for example, who probably took that culture for granted when left to themselves, often develop a fierce pride in it, when it comes under threat from ‘whities’.
Canto: Yes, they dig in and get quite conservative about it. They become preservationists. But returning to Israel – is there any nation now existing on this planet that’s more racist than Israel?
Jacinta: That’s interesting. You might say that because there’s actually no such thing as ‘race’, and I think science backs me up on this, there can be no such thing as racism, but that’s not true. Race is about fact and science, whereas racism is about perception and belief. I’d roughly define racism as a belief in superiority based on a perception of skin colour and/or cultural identity. That saying, I’m inclined to agree with you about Israel, though I haven’t visited that many nations, even in my cyberworld travels…
Canto: No matter, it’s clearly a racist country, by your definition. Add to that sense of superiority the nonsensical idea that the piece of land modern Israel has been built upon (whatever its rather flexible boundaries) has ‘always’ been theirs, and the promotion of a peculiar ‘everyone hates us so we must be super-strong to defend ourselves’ paranoia, and you have a most peculiar and unique form of racism, which is no less vicious for being so.
Jacinta: So clearly Israel is no more a democracy than South Africa was under apartheid. Now, over the past months we’ve been educating ourselves about the situation there via reading – notably four texts. First, The case for Palestine, which is useful for, inter alia, recording the indefensible attitude of successive Australian governments towards Israel’s brutality, of which more later. Second, Tears for Tarshiha, a memoir by Olfat Mahmoud, who was born in Burj Barajneh refugee camp in Beirut, after her family were driven out of their native town, Tarshiha, in what is now the north-west of Israel, as part of the Nakba, or catastrophe, of 1948, which saw some 700,000 Palestinians fleeing or being forced out of the region. Mahmoud is a Palestinian peace activist and director of an international NGO, who represents the resilience of Palestinians amid horrendous suffering. Her story is simply told but sometimes painful to read. Third is The last earth, by Ramzy Baroud, which tells multiple stories from the Palestinian resistance and the Palestinian diaspora, as part of a people’s history of individual voices and perspectives, a rejection of the ‘terrorist’ stereotype. Fourth is Goliath: life and loathing in greater Israel, an enormous piece of on-the-ground reportage by the Jewish-American journalist Max Blumenthal, which identifies some of the main figures in Israeli right-wing politics and presents a stark picture of the cultivated racism of the Israeli military and its education system, and a multi-faceted picture of the resistance movement. Honestly, no words of mine could do justice to this valuable work.
Canto: Yes, so let’s take some choice quotes from these books to discuss. From The case for Palestine:
In the days preceding the September 2013 election, the [Australian] Foreign Minister and deputy leader of the party Julie Bishop, attacked the Greens over its supposed ‘support’ of the Boycott Divestment Sanctions (BDS) movement. Bishop demanded that the Greens leader, Senator Milne clarify her party’s stand on ‘the anti-Semitic boycott, divestment and sanctions campaign’. To so describe the BDS campaign demonstrates a remarkable lack of understanding by an incoming foreign minister.
Paul Heywood-Smith, The case for Palestine, p111
Jacinta: Yes, and the author goes on to quote from the movement’s website, which makes clear its human rights agenda, its opposition to racism, anti-Semitism, etc. This ‘anti-Semitic’ slur is commonplace from the defenders of the indefensible, but I’m not sure about Bishop’s lack of understanding – I suspect she knew exactly what she was saying re defending Israel at all costs, which is habitual with right-wing politicians (and many left-wing politicians) in Australia. We’ve long been all the way with the Americans on the topic of Israel, as witnessed by our shameful unwillingness to censure Israeli practices at the UN, putting us always in the outlying position along with our Great Ally.
Canto: I have nothing to add. From Tears for Tarshiha I will quote something in the preface, from a speech made by the author Olfat Mahmoud at the UN, to mark the formation of UNRWA:
As a Palestine refugee in Lebanon, I have very limited rights, I am stateless, and I exist but am not recognised… My father and mother and my grandmothers and grandfathers and my children will remain refugees even if they marry Lebanese. For us the phrases ‘human rights’ and ‘the right to be free from statelessness’, and the right to live in safety and dignity’ have lost all their meaning.
Olfat Mahmoud, Tears for Tarshiha, p4
Jacinta: Well, this speaks to so much, it’s hard to know where to start. The beginning of the end came for non-Jewish Palestinians at the turn of the 20th century, in a rather quiet way, when wealthy European Zionists began buying up land in the region, setting up the Jewish National Fund in 1901 and making it a rule that all land that it acquired was ‘to remain inalienable Jewish property that could not be sold or leased to others’ (Heywood-Smith, p25). This dubious ‘law’ still exists, and reflects the exclusivity that has led to today’s horrorshow in Israel.
Canto: Yes and speaking of horrorshows, the horrific treatment of the Jews under nazism meant that, post-war, the Jewish people benefited from a surge of goodwill, more or less worldwide, which helps explain the rush to create the Israeli state and the bowing to Zionist pressure to ‘simplify’ the massively complex politics of the region in order to bring that state about. And so, the Nakba and all that followed, as some of the world’s most powerful nations turned a blind eye.
Jacinta: All of which cemented thinking in the neighbourhood of the region, which didn’t have to be the case. Israel, due to its behaviour, will have to make itself a fortress against all its neighbours, when it isn’t attacking them. It’s astonishing, when reading Olfat’s book, how little bitterness she shows for the tough upbringing she was forced to endure, but it shouldn’t be at all astonishing that many Palestinians, and their supporters, do feel bitter, and vengeful.
Canto: Now to Ramzy Baroud’s The last earth. I won’t quote from it, I’ll briefly mention some of the stories (there are nine in all), to give some semblance of their variety. Marco’s story – a Palestine refugee born in Yarmouk, Syria, he couldn’t help but be caught up in the conflict there, identifying himself with any one of the competing forces he needed to in order to survive, until he realised that flight was the only option. In his struggle to get to Europe he meets with many demoralising setbacks and the story ends with him still trying to reach a destination with some modicum of security. Ahmad al-Haaj’s story tells of his escape, as a teenager, from the siege of Al-Faluja in 1948, where many family members died. The siege itself is described in detail – the hope followed by despair and the sense of betrayal, the sense of being eternally out-gunned and harrassed, the ruthlessness of Moshe Dayan and the Israeli military. The disruption of families is a major feature throughout. Another story tells of life in a Gaza refugee camp – the disappearances, the frustrations, the constant Israeli intrusions, the quasi-mythic heroes and the legends used to maintain morale amid the desolation. Other stories tell of imprisonment, torture, ritual humiliation, martyrdom, starvation, as well as love and humour.
Jacinta: Yes, these are the stories of ‘ordinary’ people in intolerable situations, people who are as smart, thoughtful, hard-working and ambitious as the rest of us to our varying degrees, but who find themselves thrown into a hellhole by an unlucky throw of the dice.
Canto: Finally, Goliath, which we can no more do justice to here than to any of the other works. For his reportage, Blumenthal mixed with the new right-wing high-fliers as well as the Palestian-Jewish protest movement, the religious zealots and their trapped victims. This overheard piece of conversation from one Jeremy Gimpel, described as ‘a thirty-two year old Israeli transplant from Atlanta who lived in the settlement of Efrat’ and was an electoral candidate, caught my attention:
‘When was Palestine called Palestine? We’re from Judea… we are the indigenous people of the land of Israel!’ I heard him proclaim in a suburban American accent. ‘How dare they try to kick us out of our homeland!’
Jacinta: Yeah, right, note again the paranoia – who is this ‘they’? But the absurdity here needs to be highlighted. The idea (coming from an American!) seems to be that, assuming that Palestine was never an ‘official’ name, the people of Palestine, apart from the Jews, aren’t ‘official’ human beings. It’s like saying that Australia’s indigenous people (or those of the US) aren’t really people because the land then didn’t have an official name – so the white people who arrived and bestowed a name on the place are the indigenous inhabitants!
Canto: Yes, it’s all very logical. Of course, Judea, a small section of Palestine, is only as old as Judaism – a mere 4000 years, and the region had human inhabitants long before that….
Jacinta: Yes but they were all wiped out by the Israelites coming out of Egypt, remember?
Canto: Haha, oh yes, ethnic cleansing….
References
The case for Palestine: the perspective of an Australian observer, by Paul Heywood-Smith, 2014
Tears for Tarshiha: a Palestinian refugee’s inspiring tale of her lifelong fight to return home, by Olfat Mahmoud, 2018
The last earth: a Palestinian story, by Ramzy Baroud, 2018
Goliath: life and loathing in greater Israel, by Max Blumenthal, 2014
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.
Trump – still watching the slo-mo train wreck
Jacinta: Well haha, you made a prediction to me last December that Trump would be out on his highly intelligent arse by the end of this year – how’s that going?
Canto: Well after making that prediction I’ve embarked on a bit of a journey re US politics and the presidential system in particular, and as you know, what I’ve discovered has shocked me to the core. So, yes, he probably won’t be out by year’s end, but he obviously should have been, well before this. Basically, as I see it, the sensible folks of the US, the adults, are paralysed in the face of a crooked, incompetent, solipsistic pre-teen brat being elected, with less than half the votes, to the most powerful position in the most economically and militarily powerful nation on Earth. They just haven’t got the political system, the checks and balances, to deal with him, in spite of their constant braying about being ‘the world’s greatest democracy’. Still, as a number of US pundits have pointed out, he’ll be much closer to his end when this month comes to an end. And I find it all very engaging, in a morbid kind of way.
Jacinta: Well, yes, we’ve referred to it for some time as a slo-mo train wreck, and it looks like some of the more visible damage might be witnessed in the next few weeks.
Canto: Follow the money. Which takes us to Russia. We’ve long known that Trump was saved from his bankruptcies and financial incompetence by Deutsche Bank, the Russian money-laundering bank, that he’s very secretive about those finances, and his tax returns haven’t been prised from him…
Jacinta: But the Mueller team have subpoenaed Deutsche Bank, haven’t they? Specifically for Trump’s business finances? I mean, why else?
Canto: I’ve long said that the Mueller team have such a feast of incriminating info on Trump and Russia that even the world’s greatest glutton couldn’t consume it. And there’s plenty of murky stuff available to the public, as reported in The Moscow Project, for example, and in presentations by MSNBC journalist Rachel Maddow, among others.
Jacinta: The word ‘kompromat’ comes up a lot – compromising information or indebtedness, used to exert leverage over powerful individuals or business entities. Though I’m sure Russia-Putin never dreamed they would one day have such leverage over a US President.
Canto: Well that’s the thing. They did dream about it, and what’s more worked to make it happen. Remember that Trump didn’t win the popular vote, he won the electoral college. And remember that the Russians interfered with that election. I haven’t looked into this in detail, but the claim made, for example, by the historian and commentator Niall Ferguson, that Russian interference in the 2016 election was negligible as to results, that claim is bullshit, I suspect. They targeted ‘purple states’, theirs was a value-for-money operation, very sophisticated. I recall reading the speaking indictment on the hacking, and noting the mention of ‘known and unknown individuals’ on the American side of that hacking. So Mueller knew then about some American conspirators, and probably knows more now. Trump goes on about ‘no collusion’, but there clearly was a conspiracy, to win the election with Russian assistance in return for removal of sanctions and god knows what else.
Jacinta: Kompromat indeed. Certainly seems to explain Trump’s behaviour re Russia-Putin from before the election to now. What’s amusing is that he’s not only parroted ‘no conclusion’ endlessly, he’s also repeated the ‘no deals with Russia’ mantra ad nauseam. Pretty dumb, because it soon becomes clear that when he repeats things like that, he’s lying.
Canto: Dumb but hey, he’s never been jailed or had to pay much of a price for his misdeeds. But let’s focus on Russia itself – or Russia-Putin as you call it (I like that combo). As you know the country is run, or rather fleeced, by a bunch of billionaire oligarchs who are Putin’s puppets, and if they don’t do his bidding they’re fleeced in turn by Putin and either jailed or forced into exile, or worse. Trump enters this network of fiends as the archetypal bumbling braggadocio. These guys love to sneer at Americans, no doubt seeing them as amateur scammers and thugs compared to themselves. And Trump is the ultimate incompetent amateur, as if created for their cynical purposes. Now, as is well known, Trump has filed for bankruptcy six times, from 1991 to 2009. It’s called Chapter 11 bankruptcy and it’s designed to enable restructuring, so Trump says he uses the system to his benefit, but of course little of what he says is true or even makes sense…
Jacinta: But surely it’s true that he hasn’t suffered much from his bankruptcies.
Canto: That’s true, and there are obviously major flaws in US corporate law that allow him to get out from under while others apparently foot the bill. But what’s interesting is that, as American banks saw him more and more as an unstable businessman, they turned off the tap. One bank that didn’t, however, was Deutsche Bank – the Russian money-laundering bank. Not only that, Trump was increasingly interested in business relations with Russians, probably due to their lax standards. Trump Tower Toronto was largely funded through VEB, a Russian state-owned bank once chaired by Putin himself, and Russian investments into Trump real estate in the US are too numerous to list. And that takes us to more recent events. Trump and his enablers were trying to build a tower in Moscow in the run-up to the campaign. Clearly this was of interest to Russia-Putin, so again the VEB was heavily involved. Imagine if candidate Trump, who already shared many of Russia-Putin’s anti-democratic proclivities, could be installed as President, in return for financial assistance, which would be tied to the lifting of US sanctions on Russia, and other sweetheart deals. What a coup that would be.
Jacinta: Yes, and all that is pretty well established, I mean in the public realm. But what about the law? Which laws have been broken? We both agree that impeachment stinks, so how exactly is the law going to deal with Trump and co?
Canto: Well, let’s leave aside the probable case that the Mueller team won’t have Trump arrested, due to the vast powers they’ve given their President. Let’s imagine it’s a more sensible system in which the head of state is as immediately accountable for his crimes as any other citizen. I’m not an expert on US law of course, but as often mentioned, Cohen has pled guilty to two felony offences, campaign finance violations, and has stated – obviously correctly – that they were directed by Trump. The FBI, or whoever, already knew that as they have all of Cohen’s paperwork, emails, texts, mountains of the stuff. So that’s two dead certain offences.
Jacinta: Cohen is trying for what we know Flynn will likely get – no prison time. How does that affect Trump?
Canto: Badly. I love it that Trump is lambasting Cohen for doing the right thing, and praising Manafort and Stone for doing the wrong thing. Now all Manafort can hope for is a pardon, from a surely doomed President.
Jacinta: So if Trump pardons Manafort and then he goes down on multiple charges – financial misdealings, conspiracy and obstruction of justice – what then?
Canto: The pardon shouldn’t be allowed to stand, and that’s another test for the US judicial system.
Jacinta: So should we try to find out the precise laws that have likely been broken?
Canto: That may be a difficult, or at least a painstaking task. There are lawsuits pending against him however. For example there are a couple of suits against him for violating the emoluments clause of the US constitution, one by Citizens for Responsibility and Ethics in Washington (CREW), and one filed jointly by the Attorneys-General of the District of Columbia and the State of Maryland. This will be the first time the emoluments clause has been tested in court. The D C and Maryland suit was filed back in June 2017 but there has been action on it recently, with subpoenas issued just a few days ago for Trump’s financial records relating to his D C hotel. So that’s one to watch on the sidelines. But generally there will be laws relating to money laundering, conspiring with foreign entities to interfere in an election, and obstruction of justice, that will likely apply to Trump. The obstruction of justice matter, which no doubt includes lying to the FBI (but perhaps not lying about the FBI!) is unfortunately a bit vague. In any case, we just need to stop hyperventilating – or I do – and watch it all play out. I’d love to see Trump in jail, but the other side of me knows he can’t help himself, he is what he is. The real problem, as I’ve always said, isn’t really Trump but the American political system, most particularly the Presidential system. I want to see if they try to fix it, post-Trump.
the battle for justice – feeling impotent
not in Australia
So while I await the DCSI’s long-delayed decision on my clearance, I’m a little too nerve-frayed to focus on something completely other than myself, and Trump’s downfall – always an easy topic. So, until that time, I can do little more than diarise, my neologism. So I might be drifting from my case to that of the Trump, and back. On my case, I’ve spoken to a criminal lawyer, a friend of a friend, who’s agreed to help me, and as he’s also a friend of my former lawyer in the original court proceedings, he may be able to access further documentation, the stuff I’ve been trying to get hold of.
What was of more interest to me, though, was his insight into the way this state government has weighted legislation, over time, to favour the accuser over the defendant in cases of alleged sexual abuse. Some would argue this is a good thing, because it’s surely fair to say that in the past, allegations of rape for example, have not been given the full treatment they deserve, in our patriarchal society. We’re at last much more prepared to believe the women, and I agree that women very rarely lie about such things. But very rarely doesn’t mean never, and I would stick my neck out to say that children are more likely to lie about such things than adults, though again such lies are still rare. In my case, the liar was a fourteen-fifteen year old boy, whose motives I made clear to the police and to my lawyer at the time. But of course I never had my day in court, to examine the matter, such as it was.
The problem, as the lawyer put it, is that there are some zealots within the Screening Unit of DCSI, and they may be the ultimate decision makers, rather than the coal-face workers who interviewed me back in early December. That interview went well, and I came out of it feeling confident. For the first time I had something equivalent to my ‘day in court’, and I foolishly fantasised that it would all be wrapped up within a week or two, in my favour. We’re now in the twentieth week since my review lodgement, and I’m beginning to share the pessimistic views of this lawyer and of a teacher colleague – ‘these bureaucrats really hate admitting they were wrong’. Not to mention the jeopardy they’ve placed themselves in, in terms of the suffering they’ve put myself and others through, and the resentment and the desire for compensation and damages they’ve stirred up.
All of which makes me think this could become a much bigger issue, even a scandal of sorts, if only it was possible to determine how many people are involved. If there are few – and I must bear in mind that false accusations are rare – then nothing may come of it. After all, these ‘complex cases’ mentioned in the Ombudsman email may be more like borderline infractions, where the level of seriousness is in question, not whether something actually happened or not. Even so, they may have enough in common with those falsely accused for us to make common cause, in some kind of class action. Teachers, care workers and others are having their careers and reputations destroyed for questionable infractions and false allegations that happened to make it into the court system, with no recourse, because the screening unit has decided to ‘err’ on the side of caution. And considering the truly vast numbers of people being screened nowadays, even a small fraction of innocent people being done down, because of this decision that it’s acceptable to commit errors, may amount to a substantial number.
Innocent people, people who know they’re innocent, are likely to fight very very hard against a system that treats them as guilty. Especially in a case such as mine, when they have reason to feel proud of their role as a foster carer, a teacher or whatever. If there is some way I can connect with other innocent workers who are being destroyed by a systematic approach of ‘erring on the side of caution’, in a screening system with increasingly wide application in the workforce, we may be able to persuade authorities of the justice of our cause.
Interestingly, I’ve been partly inspired in this more active approach by one of the most currently prominent Trump scandals. Michael Avenatti, the lawyer for pornstar Stormy Daniels, is preparing for a major fight to permit his client to tell the truth. He’s facing the full weight of a political machine that is determined to suppress this truth, and it’s his commitment to having his client tell her story and to be judged, not only by the canaille, to speak pejoratively, but by the discerning public, that encourages me. I’ve told my story to a very few ‘strangers’, including a couple of lawyers and a panel of two employees of DCSI’s screening unit, who are clearly not the decision-makers in my case. The principal decision-makers appear to be higher-ups who are more interested in the thinnest of documents with ‘nolle prosequi’ at their head. I would dearly love to have my story, undramatic though it might be, presented on 60 Minutes for all to judge, and my accuser, if he’s still accusing, can have his say in the court of public opinion too. I would have far more faith in that court, in which at least people get to be heard by their judges, than by this secret process, ideologically driven to ‘err on the side of caution’, which means basically erring on the side of the accuser. But it’s Avenatti’s aggressive fighting spirit that impresses me. I feel that spirit within me, but of course I don’t have much of an audience to bolster me, or any forum in which to fight. Clearly I face an uphill battle to be heard by even a nano-fraction of the public, but again I’m heartened that Avenatti has gotten at least six other women, victims of Trump (Daniels isn’t quite a victim in that she seems to have willingly had a sexual relationship with the Trump, pretty vomit-inducing in itself), to add support to his lying, bullying nature. A class action of some sort might help my case, just to highlight the fact that there are false allegations out there, some of them quite egregious in their nature and their impact.
I have no real way, though, of reaching out to others in my circumstances, and as a hapless loner, I doubt if I have the wherewithal – though I think I could act effectively as a spokesperson once a group was formed. Of course, given the moral panic about child sexual abuse and given the Me Too movement, it’s not an easy time for pleading innocence and victimhood as an ’empowered male’, but we should be pushing to at least get our stories (or non-story in my case – or a story about my accuser) heard, something which was never vouchsafed me during my court process.
the secret world of DCSI’s Screening Unit unrevealed
the black box that keeps the Screening Unit’s processes hidden from the public
Jacinta: Ok so let’s do a deep dive into the screening unit, the processes involved, the law that’s being followed, the staffing, the numbers of people being processed, time frames, consequences, pushback, serious possibilities of redress, anything else we can think of.
Canto: So here’s the situation as it stands. I received the letter from the DCSI screening unit on October 30 last year claiming that I ‘pose a risk to the safety of children’. I filed an application for a review of this decision on October 31, and the review is registered as having been commenced on that day. As a result of that DCSI decision, I was suspended from my teaching position, without pay, on November 10, the day my five-week contract was completed. I’ve been working from contract to contract, like most of the teaching staff where I work, or worked, though I was given ‘priority’ as a teacher about two years ago.
Jacinta: So you’ll get your job back if the DCSI’s decision is overturned.
Canto: I don’t know if there’s any guarantee of that. I was told, too, by a lawyer from the Legal Services Commission (I’ve called the LSC three times so far about all this) that I should have a right to some pay even as a casual, but I’m feeling cowardly about making any demands upon my employer, because I really really don’t want to lose my job.
Jacinta: So today is March 6, and it’s been well over 4 months since your appeal was lodged.
Canto: Yes and I’ve written two emails of complaint to the screening unit, and I’ve made an official complaint to the Ombudsman’s office. A rep from the Ombudsman has emailed me twice since, and now my review has been given ‘priority’. Last week a woman from the screening unit rang me, asking me to resend information that I’d already supplied. She explained that attached materials often got lost in the to and fro of emails within the screening unit – which didn’t inspire me with confidence. She also assured me that, once I’d resent the materials, she would quickly shunt me along the line to the next assessor in the process, because I was now a ‘priority case’. This, after four months! I’d hate to think of the wait for those who aren’t given priority. Six months, a year, two years? It’s a very destructive and demoralising process.
Jacinta: For the innocent, which of course you are. So while you’re waiting, I suppose you’ll want to find out more about this screening process. It has become more rigorous, it seems. What triggered this more rigorous screening process, and when was it established? Has the screening unit been bolstered, in terms of resources and staffing, to deal with this more rigorous and time-consuming screening process?
Canto: Yes I’ll try to find out more about this online, because again I’m again a little cowardly about approaching DCSI directly. They’ll think I’m a trouble-making nuisance.
Jacinta: Good god Canto, you’re an innocent man who’s been dealt pretty shabbily, first by the police, than the DPP and now the DCSI, and you’re worried about raising a fuss?
Canto: Well, also, to be honest, I don’t think DCSI will be very co-operative.
Jacinta: There’s really nothing online about this. Nobody appears to be protesting apart from yourself, not online at any rate. There’s nothing negative at all about the Screening Unit, The ‘Me Too’ movement is featured strongly, and there’s a lot of irritation online that false allegations are given a lot of attention when under-reporting of real cases of sexual abuse, harassment and so forth, is more of a problem. So it’s not a good environment for bringing all this up. I suppose at least it wasn’t a female that falsely accused you. Females are considered more reliable.
Canto: Well, I’ve received an update from the Ombudsman’s office. Here’s the most important part of it:
As you are aware I have been assessing the processing of your application for a child related screening clearance. I have been provided with updates from the department and your application is still with the Assessment Team. I understand your initial application took 7 months to process. In the department’s assessment you would be aware that the department is considering such information as your disclosable court outcomes from 2006 offences. The department should have advised you that your review is being managed by a team of people who process your application independently from the initial application process. I would anticipate given the current backlog of applications the department is processing that your application may still take some weeks to finalise. This office has met with Screening Unit Officers and the Ombudsman has also met with the Chief Executive of DCSI, Mr Tony Harrison, about the delays in the processing of more complex applications. The department is considering strategies to counter the delay and our office will be advised of their progress. At this stage I do not think it is reasonable for this office to continue to monitor your individual application and I will now close your file. I understand that you are anxious to have your application finalised and invite you to recontact our office in approximately four to six weeks if your application is not finalised.
I’ve put the expression ‘2006 offences’ in bold because the expression was offensive to me, they were of course alleged offences, which were never even tested or explored in court let alone proven. But I don’t think the woman meant to offend me, it was inadvertent.
Jacinta: But wording matters hugely to the innocent, I understand. Anyway the letter provides useful information – you now know that the CEO of DCSI is Tony Harrison, and you learned previously that Kelly Tattersall is the director of the Screening Unit. Above all you’ve learned that there is in fact a backlog of applications and that they’re ‘considering strategies’ to counter the delay. It’s a very slight glimpse through the opacity of the Unit’s workings…
Canto: Another quibble I have – and you’re right, wording matters hugely to the innocent – is the reference to my case as ‘complex’. I don’t see it as complex at all, it’s extremely straightforward, but it was made complex by the behaviour of the police and the DPP.
Jacinta: I’ve found Tattersall on Linked-in. She’s been director of the Screening Unit since May 2013, so she would definitely know something you want to know – whether this ‘rigorous’ screening has been going on for the whole of her period in office, or whether it’s new, and exactly how new it is. She would also know, of course, just how many of these ‘complex cases’ there are. It’s so effing difficult to get any information.
Canto: Another person, who would know, of course, is this Tony Harrison. Just searching on him leads me to the ‘about us’ section of DCSI online. The department is overseen by the state minister Zoe Bettison. The website lists the Screening Unit as one of its assets, but I’m blocked from accessing it. It’s quite literally a black box!
Jacinta: Well I can understand the need for privacy of course, but the lack of public access to its general processes is a problem, to put it mildly. Sunlight is the best…. you know.
Canto: For what it’s worth, I’ve downloaded ta copy of the state’s Children’s Protection Act 1993, updated only last month, and we might look more deeply into that next time.
my battle for justice – contacting the DPP, among other things
good question
The prosecution invokes nolle prosequi or dismissal when it has decided to discontinue a prosecution or part of it. Lawyers and judges refer to the charges “nol prossed” or dismissed. The prosecution may nol pross all charges against the defendant or only some.
Micah Schwartzbach, US Attorney
Today has been another of those down days, brooding and empty. But reading just the first couple of pages of Robert Sapolsky’s book Behave has somehow heartened me, by making me aware that I’m one of the lucky ones. Okay, I’ve lost my job, temporarily but probably permanently, and the injustice I’m suffering under is hardly life-threatening, and there are compensations, such as time to read and write, and being a lot more comfortably off then many others in many other countries. The damage to my reputation is minimal, since I don’t have much of a reputation or public profile, I’m just an obscure dilettante whose reclusive personality has made me a failure in friendship, in love, and in all the things that matter to the worldly world. But I miss my job and my students terribly.
Today is March 1, the first official day of autumn, and it’s coming up for 18 weeks since I lodged an appeal to have the decision of the DCSI* reviewed. No decision has yet been reached. I’ve contacted the Office of the Ombudsman, which has been on the case and has since sent me two emails, the last one today informing me that my ‘application is still being actively worked on’. I’m left to wonder what this activity entails. Are they looking at documents I don’t have access to, are they in contact with the DPP*, are they poring over the relevant Act*, are they in discussion or dispute over the danger of setting precedents, are they worrying about flouting directives from higher-ups?
I’ve also contacted the Legal Services Commission, for the third time, and they were very sympathetic and helpful, as always, and offered to send a letter to DCSI on their letterhead to help move things along. They also suggested I write to the DPP about the matter. I wrote to the DPP today, but I’m not particularly happy with my letter.
I need to write, and think, like a lawyer.
In the course of today’s activity I looked again at some of the documents I’ve collected, and they repay closer legal and analytic scrutiny. For example, here is the last paragraph of a letter sent to me on November 24 last year by the director of the DCSI Screening Unit, Kelly Tattersall:
… the Screening Unit noted the vulnerability of the child and whilst there appears to be some concern around the credibility of the allegations, the Screening Unit considered, that in undertaking a risk assessment where there are strong factors of concern, decision-makers should err on the side of caution. Further, that the Screening Unit’s paramount consideration(s) are the rights, interests and wellbeing of children and their protection from harm.
There are three points I will make here.
First, the ‘vulnerability of the child’, was noted. What does this mean? Yes, the child was vulnerable – that’s why I took the role of his foster-carer. All of the kids in my care were vulnerable. So were all the under-eighteens I taught at college. This boy was no more, or less, vulnerable than any of the others. What point is being made here? Surely the point at issue here is the veracity of the boy’s story, not his vulnerability.
Second – ‘there appears to be some concern around the credibility of the allegations’. This made me perk up. Of course there was a great deal of concern about the boy’s credibility – I knew he was lying, I’m pretty sure my lawyer knew he was lying, and I’m very sure that the Anglicare social worker who was monitoring the placement knew he was lying, because she knew him, and she knew me. However, there was nothing in writing, as far as I knew, that cast doubt on his credibility, so how did DCSI know about this concern about his credibility (apart from my own commentary about the case)? Did they have documents from the police, for example, to that effect? If so, I want them.
Third, ‘where there are strong factors of concern, decision-makers should err on the side of caution’. The ‘strong factor of concern’ arises only on the assumption that the allegation is true, and again the reaction here is to the extraordinarily serious nature of the allegation, not to its veracity. And that is disastrous to any system of justice. As to erring on the side of caution, no no no. To err means to commit an error, to get it wrong. What decision-makers should be striving to do is to get it right. You shouldn’t be erring on any side.
I don’t know if that’s a brilliant legal analysis or not, but it definitely makes me feel better.
Another important point should be noted here. The screening unit may well argue that it isn’t expected that they be as rigorous as the law; that this isn’t their job. They might argue that it’s their job only to make recommendations based on possibility, or plausible possibility of harm to children. Organisations and employers are not obliged to follow those recommendations. But this would be disingenuous, in my view. Virtually all large employers apply the screening unit’s findings as a matter of policy, and DCSI is well aware of this. Furthermore, these screenings have a wider application than ever before, and an adverse finding will preclude the recipients from a very wide range of employment options, including most voluntary positions, for example in Community Centres, Parks and Recreation facilities, any place where children are likely to be present. These screening decisions are treated as law, for better or worse, and so need to be made with as much rigour as legal decisions. To do less would be unjust.
Another legal issue I need to clarify is the matter of nolle prosequi. When I’ve talked to the Legal Services Commission about this finding, they don’t seem to distinguish between nolle prosequi and dismissal. This is clearly a central issue. This is what the Screening Unit Director wrote in the above-mentioned letter:
The Screening Unit noted the matter was referred to a higher court, thus the magistrates court found a case to answer. Ultimately, despite notations indicating ‘serious concerns’ regarding the veracity of the allegations by the DPP, the matter resulted in a nolle prosequi outcome, which is not indicative of innocence or guilt, however the Screening Unit noted the matter was not dismissed or acquitted.
So here’s where the Screening Unit got the idea of ‘serious concerns’, though I don’t have that in any of my paperwork. But clearly the fact that it went to a higher court was an issue for the Unit. As well as the nolle prosequi finding, though I’ve read somewhere – and I might be wrong – that once it goes to a higher court, nolle prosequi is the best outcome a defendant can hope for (apart from acquittal, which was out of the question given the cost, the elaborate court proceedings etc).
So if this is true, the DPP must be blamed for allowing this matter to reach a higher court without having gathered evidence or even checking out the boy’s story. I might also blame the magistrate for saying I had a case to answer, though it appears he was directed entirely by the DPP.
So now to the boy’s story, or stories. I’ve gone through this before, but there’s some new material I hadn’t noticed before, which bears on the case.
According to a police statement written at about the time of my arrest, the boy ‘states at about 3.30 pm on Thursday 23rd September 2004, returned home from school..’ and it then goes on to describe how I raped him in the toilet of my home. It’s interesting to note that an exact date is given, though the boy didn’t tell his story until six months later. Further in the statement comes this: ‘Accused left toilet and victim went into bedroom and locked door’. As I’ve noted before, the phrase ‘locked door’, indicating that there was a lock on the bedroom door, were the only words in the whole statement that could be independently verified police. However the police made no attempt to verify this claim until after my case was taken to a higher court. Verification of this claim should have been a prerequisite for taking the case to a higher court. Let me make this clear: it doesn’t require anyone to be AN EFFING SHERLOCK HOLMES. It simply requires due diligence.
There were no locks on the boy’s bedroom door or any other bedroom doors. The boy didn’t notice this because he never felt unsafe. So he guessed, and lied. The police eventually came to my house, checked the doors, and the case was dismissed: nolle prosequi.
I should point out that, in a court appearance of 27 February 2006, this brief charge was made: that I, ‘between the 1st day of September 2004 and the 30th day of September 2004… had anal sexual intercourse with… without his consent.’ The charge was rape. And then in another court appearance dated May 3 2006, again the time period is 1-30 September, but this time I’m apparently charged with 2 counts of rape. Apparently the boy doubled down on his story, perhaps under pressure, apparently learning or guessing that the more horrific his tale, the more likely it would be believed. But it should also be noted that the claim that he was raped twice over a month makes it even more unlikely that he wouldn’t notice that there was no lock on his bedroom door. And there’s also ththee question – since there was no lock on the door, why would I choose to attack him in the toilet? A fondness for the sordid and unclean?
Anyway, enough of this unpleasantness. The case against me is ridiculous. There are bigger fish to fry. Why exactly is this ‘rigourous’ screening being instituted? There doesn’t seem to be an increase in child abuse, so who’s driving this? And who’s suffering, beside myself? This is a can of worms that needs to be opened up. Sunlight is always the best disinfectant. We need to shine some of this light on the DCSI, and the government that’s driving this grand attempt to protect children, as male teachers leave the profession in droves.
I also want to focus on foster carers, those largely unsung heroes, and the lack of protection they get from jittery religious organisations, who have cornered this market. There’s more than one scandal going on here.