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Posts Tagged ‘Trump

what to do with a serious problem like Trump: part two

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So what damage is Trump doing to the US political system? He sets an example of deceit, disrespect, adversarialism and other negative qualities. He highlights these sorts of qualities as a route to worldly success. He undermines all the essential institutions of western democracy, especially an independent press and judiciary. His belligerence and lack of co-operation with judicial authorities may lead to further damage, including serious civil unrest, of a kind not seen in the USA for decades, or longer. We’ll see what happens.

So that is the problem of Trump, as all reasonable people see it. Having said that, I have some optimistic and some pessimistic comments to add.

I should start with the pessimistic stuff, so that I can end on a positive note.

Trump is the proverbial bull in a china shop. What do we do when we find a bull in a china shop, blundering about, smashing up everything, just being a bull? We take steps to get him out of there, pronto. And being enlightened souls, we don’t want to punish him for being what he can’t help being. A tranquilising dart might be the best answer, though this may make him thrash about all the more, at least for a time. We try to protect the shop as best we can, knowing that some damage will be inevitable.

However, Trump is a bull with friends and enablers, some of whom see him as a mighty stallion trampling over the spoils of the undeserving, while others see him as, for various reasons, a most useful bull. Still others see him as pure entertainment. They’re prepared to fight to prevent this bull from being removed from this china shop…

That’s roughly the present situation. As I’ve stated before, Trump is no Nixon, he won’t go quietly. He would rather barricade himself in the White House than resign. He would argue that a sitting President can’t be charged, he would refuse to co-operate with impeachment proceedings, and this would create a situation far worse than a constitutional crisis.

That’s the problem, the pessimistic stuff, and frankly I’ve no idea how this will be resolved. The worst case scenario is serious civil strife, of a kind not seen on American soil since the civil war, and Trump being Trump, I honestly can’t see a best case scenario that doesn’t involve violence of some kind, hopefully only to Trump himself, so as to prise him out of office. Given that scenario, tranquilising mightn’t be such a bad idea.

With that out of the way, let’s turn to the optimistic stuff, the silver lining, the lessons learned. Clearly, post-Trump, the American political system needs some restructuring, just as a town might do after being severely damaged by an unanticipated storm, one that could always strike again.

Trump has revealed serious failings in political and judicial structures. In fact he’s been revealing them for decades, from what I’ve gathered, as he has emerged largely unscathed from a lifetime of extortion, standover tactics, unpaid debts and dishonest deals and enterprises. He has surrounded himself with similarly shady characters; fixers, mobsters, goons and corruption merchants of all stripes. His success mirrors the failures of law and order in ways that I’m not equipped to deconstruct, but it’s surely true that these are failures.

Trump’s list of dodgy deals and litigations should have excluded him from candidature for high office, but there seems to be very little vetting for the position of President, something which seems to be a matter of pride in some circles. You don’t want just anyone to become your head of state, and democracy, to give away a nasty but surely open secret, doesn’t guarantee the best leadership. That is why the separation of powers is so important.

So these are two areas that need some work, post-Trump; tighter rules and vetting for Presidential and other political candidature, and a tightening and bolstering of the separation of powers. I would also like to see white-collar crime pursued far more vigorously, but again I’m not equipped to go into detail on this. Another area of concern in the light of Trump’s assaults is the media and its protection. It would be hard to quantify the damage Trump has done in this area with his ‘fake news’ meme. Lying is, of course, not a crime, or we would all be criminals, but the massively irresponsible behaviour of a head of state who lies about virtually everything, and who regularly denigrates and abuses those who speak obvious truths to power – a major media role – shouldn’t go unpunished. The media should be given greater legal means to fight back against this denigration. Getting more into the detail – producing tax returns should be absolutely mandatory for all political candidates, with no exceptions and strictly enforced, and the ’emoluments clause’ in the constitution, an out-dated piece of verbiage describing gifts from members of the nobility, should be upgraded and strengthened to prohibit those in high office to profit directly from their position.

On the separation of powers, so regularly attacked by Trump out of wilful, self-serving interest: many are unaware that this separation serves the important purpose of limiting democracy. Limiting demagoguery in this case. Among the checks and balances which seek to defuse the danger of a directly elected President, beholden to no party or principle, are an independent judiciary, an independent fourth estate, and a system of independent or bipartisan vetting of those nominated by the President for such Level One positions as Secretary of State. This separation of powers needs to be strictly adhered to and supported by law to the extent that regular attempts to undermine this separation, as is practiced by this President, should be seen as obstructing the rule of law and dealt with severely.

There need to be other checks and balances of course – checks on the media itself and on such organisations as the Department of Justice, which according to Alan Dershowitz and others beside the President, is pursuing Trump beyond the scope of its mandate. I’m not sufficiently au fait with these checks, which should of course include defamation laws to protect public personae, to make effective comment, but the scope of the Mueller enquiry is a matter of public record. There is no doubt that the Mueller enquiry has been given wide powers, but there is also no doubt that Russian interference in the 2016 election was considerable, and the indictments of many Russian citizens and entities as a result of the probe have supported this. There is also no doubt that Trump’s businesses in recent years have been linked to Russian oligarchs, as freely admitted by Donald Trump Jr, and that Trump has been extremely reluctant to make accusations against Russia and its dictator in light of clear evidence of interference which benefitted his Presidential bid. It’s highly likely that the probe has found clear evidence of conspiracy with a foreign power during the 2016 elections, to say nothing of obstruction of justice in the ousting of James Cohen and possibly also Andrew McCabe. The constant denigration of the Department of Justice and the FBI by the current President is of course unprecedented, and will require, I think, unprecedented responses in order to preserve and reinforce the separation of powers and to ensure that lawyers, judges and law enforcement officers can do their jobs without having to face the kind of treatment meted out to them by the likes of Trump and his enablers.

So, finally, no more from me about Trump, I hope. There are threats and opportunities here. The immediate threat to civil society comes from a bull who won’t go quietly, who will be supported by some powerful allies in defying authority, with possibly disastrous immediate consequences. The opportunity, as always with disasters of this sort, is to improve the political system to ensure that this is the first and last rogue President to disgrace the White House. Good luck with all that.

Written by stewart henderson

May 7, 2018 at 11:57 am

what to do with a serious problem like Trump: part one

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When I first encountered Trump, I suppose a couple of decades ago now, I quickly felt an intense, visceral loathing and disgust. He struck me as tasteless, vulgar, ignorant, vain, an exemplar of the absence of all humane values. A boorish, blustering, bigoted, bragging blundering, bullying, bullshitting buffoon, not to put too fine a point on it. And then, when those he demeaned and belittled began acting as if they deserved it, I began to wonder – who is worthy of more contempt, Trump, or those who take him seriously for more than a second? How could anyone with an ounce of sense not see that he was a walking advertisement for abortion?

But then, when you start thinking everyone’s a fuckwit except yourself, you know something’s going wrong. Okay, you do start listening around and find that in many circles Trump’s a laughing-stock. But then he’s somehow super-rich, and people like to hob-nob and ingratiate themselves with the super-rich no matter how obnoxious and boring they are.

So why was Trump super-rich? I have to say that, having lived mostly below the poverty line in one of the world’s richest countries (that’s to say I’ve rarely come close to going hungry), I’ve never really associated with rich people, never mind the super-rich. They’re like alien beings to me. But it stands to reason that there are two types of super-rich people; those who inherited wealth, or those who gained it by their own talents and efforts – legitimate or illegitimate.

So which of these was Trump? He struck me as flamboyantly imbecilic, far removed from the Bill Gates and Steve Jobs types. And I have to say it wasn’t a burning question for me. Naturally I was far too superior to concern myself with such riff-raff, and yet…

Information fell into my lap over the years. He’d inherited oodles of wealth from his father, a ‘business tycoon’. He’d never done a day’s work, in the general sense, in his life. He’d been bankrupted many times. His net worth was anything from negative infinity to positive infinity. His principal business was real estate, which was as hazy to me as scalar field theory. But his principal interest was self-promotion, which I felt a bit more cluey about. It seemed he was little more than a ‘big noise’.

So that was it, until he began to run for President, and shocked almost all pundits, including this pseudo-pundit, by winning quite well on an electoral college basis, though losing the popular vote.

Of course during the run-up to these ludicrously long US presidential elections, especially in the final months of 2016, we were pretty well forced to learn more about Trump than many of us ever wanted to know, and it’s been an ongoing ‘reveal’ throughout the last eighteen months or so. But I return to my initial response to Trump, and my feelings of contempt, and easy superiority.

How did Trump become what he is? How did I become what I am?

How free are we to form ourselves?

I think the answer is clear, though clearer when we look at others than when we look at ourselves. We didn’t get to choose our parents, our genes or our upbringing, we didn’t get to choose or influence our experience in the womb and in our earliest formative years, which the Dunedin study, inter alia, reveals as more character-forming than any other period in our lives.

More questionably I didn’t get to choose a character that loathes someone like Trump, any more than Sean Hannity and many others got to choose a character that finds Trump appealing, refreshing and admirable, assuming that I’m reading more or less accurately Hannity’s mind.

So am I saying we’re all blameless when it comes to our flaws, and unpraiseworthy when it comes to our virtues? Further, am I saying that moral judgment is inappropriate?

I hope not. After all, humans are the most social of all creatures – vertebrate creatures at least. We’re interested in getting along, in minimising harm and maximising advantage, for us all. We shouldn’t turn a blind eye to any person, or policy, or activity, that threatens that well-being. So we should discourage, and sometimes punish behaviour that harms or demeans others, while at the same time recognising that the bully or aggressor is acting under the sway of traits she has less control over than we might think.

So we should judge behaviour as immoral when it damages others or damages the institutions or activities that tend towards the general well-being. And we should check or punish those who commit those faux pas, which we might call crimes, misdemeanours, or bad behaviour, to the extent that they understand that resistance of the general will is futile – that’s to say, that continual commission of those faux pas will be counter-productive to their own well-being.

Let me return then to the case of Trump. In watching and listening to him, I find him, as President, consistent with the person I loathed decades before, though I also realise, as I did then, that there is something unfair and slightly unseemly about my contempt, for reasons described above. Trump is the product of a background and influences which are clearly far removed from mine. I was also, like many, somewhat fascinated by him as a specimen who revealed, more effectively than most, how infinitely variable human experience and character can be.

However, though I recognise that he is what he is and can’t help but be, I’m also alert and alarmed that he is now the President of the USA – a shocking development, considering the man’s character.

For, though nobody should be blamed for his own character, there are some characters that the general society needs to be protected from, because of the damage they are capable of doing, or incapable of not doing, given certain powers and opportunities.

Trump came to his current position with a reputation which, I feel, was deserved, given everything I observed of him, and everything I learned. That reputation was one of dishonesty, self-aggrandisement, wilful ignorance and anti-intellectualism, and indifference to the feeling and suffering of others, with possibly a few exceptions, and leaving aside his children, whom he would see as extensions of himself to a large degree.

There are some characters who are so pathological, so damaging to themselves and/or others that society needs to be protected from them, unless of course their pathology can be identified, treated and cured. In the case of Trump, the terms psychopath, sociopath, malignant narcissism and narcissistic personality disorder have been given an airing. It’s surely not coincidental that these claims about Trump have been much more frequent since he has become President. His power to damage the wider society is at its zenith.

When I first heard the term narcissistic personality disorder directed at Trump, it was in a discussion with a mental health professional, early in the Presidency. That professional was critical, even angry, that the term was used to describe Trump, because, he felt, this term described a real and debilitating pathological condition which was far too serious to be used for political purposes against Trump. His words gave me pause, but now I think it’s time to look at this matter more closely.

First, before actually looking more closely at the ‘mental disability’ terms described above, I should say this. As Stormy Daniels’ impressive attorney Michael Avenatti has said, Trump’s behaviour, especially his constant self-promoting and self-protecting lies, should concern all Americans regardless of their political persuasion. Trump’s behaviour in office is essentially not a political issue, in spite of its massive political consequences. One pundit recently described Trump as a ‘lifelong Democrat’ before switching to the Republican party a few years ago. It’s my contention however that Trump was never a Democrat and has never been a Republican. He has never been interested in politics in the usual sense – that of believing in and promoting policies and practices for the most effective running of a state. He has little interest in or knowledge of political history, political philosophy or international affairs, and no knowledge whatever of science, or history in general. He doesn’t read or have anything like an enquiring mind. He has expressed very little compassion for others, except when it may benefit himself, and his concept of truth is not something that anybody seems to be capable of recognising or describing.

This description of Trump is not a political one. It’s a description which most sensible people would broadly agree with. It’s a description of a person so singularly ill-equipped to be the President of the world’s most powerful military and economy, that the question of how he came to be in that position and how he can be removed from it before further damage can be done, should be paramount.

Before I go on, I should address those outliers who say that Trump has been a successful and impressive President. They would cite the booming economy and the administration’s tax legislation, the only major piece of legislation enacted thus far. On the tax legislation, I will not consider its fairness or unfairness, or the effect it has had on the US economy. I will simply say that Trump recently claimed more or less sole responsibility for this legislation, a claim that was demonstrably false. Trump did not participate in the writing of this legislation, and he most certainly hasn’t read it. He simply presided over a Republican congressional majority responsible for its production. As to the US economy, that is a massively complex area, full of winners and losers, which, of course, I’m not competent to comment on, any more than Trump would be. Suffice to say that the reasons for an economy’s success are manifold and generally historical.

So there is a problem with Trump as President. In my next post I will go into more detail about what the problem is, and why there is no easy solution.

Written by stewart henderson

May 5, 2018 at 11:33 am

Relaxing time: let’s talk about Trump again

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Trump’s mental health usually only gets publicity when it’s questioned by political insiders – medical experts aren’t given enough credence

Jacinta: We like to explore the Trump debacle when we feel too lazy to focus on other subjects, which generally require research and diving into unfamiliar and taxing fields, such as palaeontology, microbiology, geology, astrophysics or remote historical epochs. So now, since we’re on holiday, let’s have fun fun fun.

Canto: So first, some comments on Sam Harris’ interview with Niall Ferguson, conducted some weeks ago. Ferguson is primarily a financial historian, though I know him through his book War of the World, which I found interesting but questionable at times – though of course I can’t remember my objections now. I think I basically disagreed with his thesis that the twentieth century was more hateful and violent than other periods – IMHO, it was just more effective at killing people, and of course there were more people to kill than in previous centuries. Anyway, on listening to Ferguson talk to Harris, I found myself disagreeing on more points than I can go into here, but I’ll restrict myself to his comments on Trump. He seemed overly complacent, to me, about Trump’s destructive capacities, describing him as a populist (a rather watered-down description) who would probably only serve one term, though maybe two. He also felt that, quite possibly, it would’ve been worse for the USA had Clinton won, as the Trump supporters would’ve felt cheated, while all the old elite cronies would’ve returned to office…

Jacinta: We’re not sufficiently au fait with Yank politics to ‘get’ that feeling, to feel it under the skin so to speak, though we understand in an abstract way that many sectors of US society feel left behind, and Ferguson seemed to be claiming, strangely, that it was better for the disadvantaged and under-educated that ‘their’ candidate, who of course hasn’t the slightest interest in the Presidency except to make money and be the centre of attention, won the election and immediately betrayed them, than that Clinton won and protected the Affordable Care Act, promoted education and science, and didn’t introduce massive tax cuts for super-rich corporations, while continuing to hob-nob with their own kind.

Canto: A couple of books we’ve read lately, The immortal life of Henrietta Lacks, by Rebecca Skloot, and Chasing the scream, by Johann Hari, have provided glimpses into the struggles of blacks and immigrants in the US, but so many of we non-Americans smugly look askance at the inequalities and harsh divisions there, the hapless health system and the hideous gun culture. What I don’t get with Ferguson is how he can claim that someone like Trump, who only exacerbates these inequities, was perhaps preferable to Clinton – who, presumably, does have liberal values of the ‘nobody left behind’ type, which she would surely have tried to act on to some degree – simply because his betrayal would’ve shown to his supporters that he had feet of clay. It’s a bizarre and really quite cruel argument.

Jacinta: He also seemed not to give too much credence to the Mueller investigation. We’re both in agreement that Trump will be out of office by the end of the year, a prediction made last December. The Cohen raid and the charges they will inevitably lead to have boosted these chances, but I feel it was slam-dunk, as the Yanks have it, well before that. The only problem I see is getting Trump to accept the verdict.

Canto: There’s also the question of whether team Mueller will play the Trump card before the end of the year. He wants all the President’s men first. Ferguson considers impeachment, but argues there’s only a fifty-fifty chance that the Dems will be in control after the mid-terms, and that even then Trump could survive impeachment, as Clinton did. He didn’t consider the obvious fact that Trump will never have more than fifty percent approval (unlike Clinton), and I think he grossly underestimates the turn against him in the electorate. The way things are going now, the mid-terms will see a massive turn-around. I think the majority now not only want to see a Democratic congress, they want to see Trump impeached.

Jacinta: And yet we don’t want impeachment, right? We want Trump charged, convicted and imprisoned. We don’t want politics to play any role whatsoever.

Canto: Probably a forlorn hope but, yes, we’d like to get the Yanks to accept finally and forever that their head of state isn’t above the law. In this instantiation, he’s a criminal, pure and simple.

Jacinta: So let’s have a nice schadenfreudesque time contemplating how the crim and his henchmen – they’re all men naturally – will get their just desserts.

Canto: So many things. Three guilty pleas – I doubt if Papadopoulos has much to offer, but Flynn and Gates are major figures, co-operating with the enquiry. Campaign manager Manafort facing major charges and guilty as fuck. Cohen certain to be charged with bank fraud, wire fraud and campaign finance violations…

Jacinta: What is wire fraud?

Canto: That’s simple – it’s any kind of fraudulent activity involving, or by use of, telecommunications systems – computers, phones, TV, radio – it’s been on the books in the US since the nineteenth century. The Cohen situation is most obviously dire for Trump, from a public perspective, but I wouldn’t be surprised if the info team Mueller has garnered from Deutschebank is damning as fuck as well. And there are other matter that should be criminal too. There’s this thing in their constitution called the Emoluments Clause, which Trump has basically ripped to shreds and used as toilet paper, but I’m not sure if that’s the criminal act that it should be.

Jacinta: It’s interesting that the high-profile Stormy Daniels lawyer, Michael Avenatti, has recently predicted that Trump won’t finish his first term. Do you think he’s been reading our blog posts?

Canto: C’est evident. However, he’s predicting Trump will resign. We, on the other hand, feel that Trump isn’t the resigning type. Has he ever resigned in his life? He’s never been in a position to do so, never having been an employee.

Jacinta: Haha, when he was campaigning he talked about ‘we workers’. He really is a blow-harding genius. Yes, we’ve already said that Trump would rather lock himself in the White House toilet than go quietly…

Canto: That would certainly get him lots of publicity, and any publicity is better than none for Trump, according to Maggie Haberman, not to mention Oscar Wilde.

Jacinta: So assuming team Mueller has an embarrassment of riches to choose from – the DNC hack, the lies about meetings with Russians, financial crimes, conspiracy, obstruction of justice multipled by x – and that their findings, or some of their preliminary findings, are out by year’s end, and are comprehensively damning, how will Trump be ousted? Assuming that he says they’re all fake charges and refuses to resign?

Canto: I wish I could answer that. I do think, though, that both the Senate and the House will ‘flip’ as they love to say there, and the animus against Trump will harden. He’ll be impeached and it will be a popular move, but considering that may not happen until after the mid-terms, it leaves little time for our prediction to succeed.

Jacinta: Stop press – Trump has just gone on a massive rant at Fox News, in which he has incriminated himself more than once and proved how obsessed he is with his own petty affairs and how utterly indifferent he is to running the country. It was darkly hilarious, with the Fox anchors trying to shut him up and finally coming up with the ultimate bullshit line, ‘I know you must have a million things to do, Mr Prez’….

Canto: Yes he clearly does fuck all, not that anyone in their right mind would want him to do anything Presidential, much better if he devotes the rest of his life to golf.

Jacinta: The sport of bores, as James Watson would have it. So who is to blame for this monumental disaster? Where do we begin?

Canto: We begin with a lack of vetting for candidates to putatively the most powerful job on the planet. You can’t just let anyone become your President. You certainly can’t take breast-beating pride in a democracy that let’s any moronic thug have power over you. And that can be fixed. They have to change their laws, of necessity. And if this can’t be done without altering/amending the constitution, then do so, of necessity. Sure, okay the American Constitution was the greatest document ever written by any humans on the face of the earth for the past ten thousand years…

Jacinta: Get your facts straight and don’t be sacrilegious, it was written by angels not humans.

Canto: But if it was able to bring about this fiasco, it still has a few problems. Anyway, I think I’ve gone through most of the problems and their solutions before. Far stricter laws on making money from the office, scrapping pardon powers and veto powers, more straightforward and streamlined rules of succession, and of course making it clear that a president is as liable to prosecution while in office as any other law-breaker. And considering the power he wields in office there should be no statute of limitations for the prosecution of presidents. He should be held to a higher standard, not a lower one as is clearly the case now.

Jacinta: As for removing him, I think the best way is on medical grounds. He’s a sociopath, of the malignantly narcissistic kind. This is argued forcibly in an essay by Mitchell Anderson:

Sociopaths are neither crazy nor necessarily violent, as so often misrepresented by Hollywood scriptwriters. Likewise, they typically possess normal intelligence. The one superpower sociopaths do possess is an emotional deafness that allows them to act with a shark-like self-interest beyond the moral bounds of even the most hardened normal humans. People with this frightening condition can act without conscience, effortlessly lying to manipulate those around them.

Anderson refers to the book The dangerous case of Donald Trump, released last year, in which some two dozen medicos deliver their views on Trump’s sociopathic condition. For example, a long-standing professor of psychiatry at Harvard Medical School says this:

Donald Trump’s speech and behaviour show that he has severe sociopathic traits. The significance of this cannot be overstated. While there have surely been American presidents who could be said to be narcissistic, none have shown sociopathic qualities to the degree seen in Mr. Trump. Correspondingly, none have been so definitively and so obviously dangerous.

And there are other quotable quotes. So in this case there is a mechanism for removal – the 25th amendment to the constitution. Unfortunately, severe psychiatric conditions which yet allow people to function okay physically, are still not taken seriously enough by the general public to be called out. Mental health experts need to be listened to more on this one. Otherwise the USA’s current political nightmare will go on and on.

Written by stewart henderson

April 28, 2018 at 8:15 am

How bad is the American political system? Outsider talk

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fantasies notwithstanding…

Jacinta: As we await hopefully the downfall of Trump, we keep experiencing shocks as we listen to all the commentary and events…

Canto: I wouldn’t call it shocks, because I for one have followed US politics, albeit vaguely, for decades, but as some of the implications of their system have been brought into clearer focus, and their complacent and often jingoistic attitude to it, yes, it tends to make the jaw drop a little.

Jacinta: Presidential pardons and vetoes, actually serious discussions as to whether or not their head of state is above the law or indictable, and then much rabbiting on about how they’re the greatest democracy on earth, and how they have checks and balances like nowhere else, which is such arrant bullshit….

Canto: Well I agree that if your head of state is granted the right to pardon criminals, that’s a large stride towards dictatorship right there. And here’s an example of complacency: one commentator talked proudly of his country’s political system being largely a response to tyranny. He was explicitly referring to the monarchy of George III. Yet the power of Presidential pardon is taken directly from the British monarchy! And of course British monarchs virtually never use it – there would be a massive uproar if they did in that very politically literate nation.

Jacinta: Alan Turing was the last person to receive a royal pardon, in 2013, some fifty years after the poor bloke committed suicide. That would’ve been a very popular decision, and the Queen would surely not have been the one to make it, she just signed off on it. I’m sure it’s been a long long time since any British monarch made a personal decision to pardon a convicted individual.

Canto: So compare the latest US Presidential pardon, only days ago. Scooter Libby (such an American name) was convicted of lying to the FBI during the Bush administration, and I don’t know the details of all that, but no matter, more than one US pundit has argued, credibly enough, that for Trump, Scooter Libby is no more than a silly name. Now here’s what Wikipedia has to say about US Presidential pardons:

Almost all federal pardon petitions are addressed to the President, who grants or denies the request. In rare cases, the President will, of his own accord, issue a Pardon. Typically, applications for pardons are referred for review and non-binding recommendation by the Office of the Pardon Attorney, an official of the United States Department of Justice.[27] The percentage of pardons and reprieves granted varies from administration to administration; however, fewer pardons have been granted since World War II.

The pardon power has been controversial from the enactment of the United States Constitution.

Controversial indeed. And I’m willing to bet that this recent pardon was one of those ‘rare cases’, no doubt suggested to Trump by one of his Mar-a-lago mates. Under Trump, such pardon cases will become a lot less rare, if he can get away with it. It seems reasonably clear, as many pundits avow, that Trump is signalling to such mates as Flynn and Cohen that he can and will pardon them when the time comes.

Jacinta: And this is surely corruption writ large. But what astonishes me is the Americans never seem to be capable of considering changes to their beloved but obviously flawed constitution. Their second amendment pertaining to bearing arms is a piece of shite of course, and I’m not sure about their fifth, which seems to obstruct justice in a lot of cases, and this pardon power is expressed in the body of their constitution, in Article 2. To me it’s screamingly obvious that this pardon power should be thrown out. When will they ever effing learn?

we shall see

Canto: It seems they need outsiders to point out to them the massive flaws in their system. It’s way too ‘presidential’. You could also possibly argue that it’s too democratic. The fact is, although all westerners tend to extol democracy, there’s no purely democratic system, and that’s a good thing. If our understanding of the world, the universe – our science in other words – was decided by democracy, we’d still believe the earth was flat and we would never have invented a single tool.

Jacinta: Yes, and imagine if our judges and our laws were voted on by pure democracy – given current and past levels of education. It hardly bears thinking about.

Canto: And in the USA the President is directly voted on by the people in a two-horse race, unlike in the Westminster system where we vote on parties, or on local reps, and the winning party chooses its captain based on her proven abilities, be they populist or strategic or otherwise, and that party gets to dump its leader if she proves ineffective.

Jacinta: So such a system never places anyone above the law, and where there are pardon powers, they’re hedged about very heavily, though certainly the leader does have powers above others in choosing her cabinet and such.

Canto: A cabinet of members previously elected by constituents, not plucked possibly from obscurity by the whim of the Prez. But can you think of any advantages of this Presidential system over the Westminster system?

Jacinta: Well the Presidential system might be more streamlined, which can be positive or negative depending on the competence of the leader. Quick decision-making can be life-saving or totally disastrous. Personally, I wouldn’t take the risk. But certainly a system can have too many checks and balances.

Canto: But as you’ve said, the Americans seem incapable of considering reforms to their system, even in the light of the Trump disaster. And there are barriers to effecting constitutional change.

Jacinta: You need a two-third majority in both houses of congress to propose a constitutional amendment, and that might be possible after November, but unlikely. And it seems, from the current case involving Michael Cohen and his ties to Trump, that the laws regulating the President’s powers in all sorts of areas are a bit thin.

Canto: I suppose that would be Trump’s greatest legacy, exposing the dangers of an insufficiently regulated head of state.

Jacinta: Yeah but they’re unlikely to face up to those dangers, I suspect they’ll have to be hit on the head by more than one Trump-like figure before they do anything about it.

Canto: They’re very good at feverishly talking about all their woes…

Jacinta: We’re all good at that. But you’ll notice that they often mention a ‘constitutional crisis’. That’s a situation arising where’s little clear guidance from their constitution as to resolution. For example, the indictment of a sitting President. As you know, I’m not keen on the impeachment process, which doesn’t exist in Australia or within the Westminster system. I would want Trump to be dealt with by the law, for which he has such contempt. That would be poetic of course, but it would also be the right course, IMHO.

Canto: But there’s a problem with indictment of a sitting President. Of course in Australia we rarely use the term ‘indict’, we just use the term ‘charge’, as verb and noun. The problem with charging the Prez is that he will then have to go through a court process, which will significantly  affect his ability to discharge the duties of office. Of course, this isn’t such a problem under Westminster, the PM will simply step down, either permanently or temporarily until the case is completed. Under Westminster, change of leadership isn’t such a big deal, and it often happens within electoral cycles. Under the Presidential system, it may happen that a Prez is indicted but hearings are delayed until he leaves office…

Jacinta: But if the charges relate to his becoming President, or to his current handling of the role – e.g. collusion with a foreign power, or obstruction of justice, what then?

Canto: From what I’ve read, you can indict a sitting President, and publish the charges. If the charges relate to the President’s fitness for office – but who decides this? – then action should be taken to remove him – but what action? Other than impeachment, it’s not clear.

Jacinta: And impeachment isn’t in itself removal from office. And Trump won’t go quietly. It’s all a bit fuzzy. And as we get closer to the pointy end, it gets fuzzier, paradoxically speaking….

Canto: How to sack a President, that is the question. It appears he’s virtually unsackable, and that’s an offence.

Written by stewart henderson

April 18, 2018 at 7:34 am

the battle for justice – feeling impotent

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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.

Written by stewart henderson

March 19, 2018 at 1:33 pm

Trump’s downfall: more palaver

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dream, dream, dream

As I’ve often said, I’m lazily distracting myself by watching Trump’s downfall and commenting on it. I don’t seem to have the staying power at present to write anything too sciencey, and the Trump disaster is easy to attend to, though I must say I mute the TV or youtube every time the Trump comes on (isn’t it funny how the name itself smacks of the con man). I much prefer hearing about him second-hand. Again, though, I must say my prediction of him being out by the end of the year looks more of a dead cert than ever. It’s just a matter of the Mueller team having too much on their plates to digest. It’s likely they won’t have finished their meal by year’s end. But Trump may well have been spat out and into gaol by then. It depends of course on how Mueller organises his indictments – bottom up or top down. It could also be a bit of both.

But Trump is America’s tragedy. What happens, after all, once he and his family are ousted? The Presidency itself, the institution, will be seriously damaged. I’m sure the nation will manage to limp along until 2020, and a likely big turnaround in the mid-terms will largely put the nation’s affairs in safer hands, but new, tighter laws will have to be enacted, re nepotism, emoluments, financial disclosure, vetting of candidates for office, inter alia. These are essential to make the USA safe, and to allow it to be taken seriously again on the global stage.

Okay enough of the high-minded lecturing, let’s get down to wallowing in the grubby details. Everybody’s waiting for the next indictment or subpoena from the enquiry. Kushner? Trump Jr? Erik Prince? Roger Stone? Take your pick from these and a host of others. And what about this Stormy Daniels affair, another follow-the-money rib-tickler? Where do I begin?

A shady Lebanese-American wannabe mover-and-shaker, George Nader, has been questioned by the Mueller team, presumably primarily about a meeting in the Seychelles involving himself, an even shadier mover-and-shaker Erik Prince (an advisor to and supporter of Trump), and UAE diplomats with financial ties to Russia. There was apparently a dodgy Russian banker, Kirill Dmitriev, at the meeting as well. There’s little doubt that getting Prince to testify will reveal more dirt, but the team will have to make sure they know everything before asking the questions. I just wish I could listen in on what they do know.

Meanwhile there’s a special election in Pennsylvania and Trump has been there big-noting himself and insulting opponents, mostly women. He’s even promoted the idea of executing drug-dealers, because he’s a great admirer of Phillipines dictator Duterte. I’m currently reading Chasing the scream, a fast-paced narrative and denunciation of the disastrous war on drugs, but of course Trump doesn’t read, and certainly doesn’t care. He just likes the idea of killing people. I’m waiting for the result of this election, waiting for the next subpoena, the next indictment, waiting waiting…

I’m also hoping that women will play a major role in Trump’s downfall. I’m a little wary of the Me Too movement, having been falsely accused myself. True, I wasn’t accused by a woman, but it has taught me very effectively that accusations can be easily made, and with devastating consequences. But what the movement highlights is that, because of power imbalance, men have been treating women too badly for too long, and women are fighting back. It’s interesting to note that the Politico article just linked to cited recent research which ‘found women were nearly twice as likely as men to be deterred from running for office because of potentially having to engage in a negative campaign’. Such campaigns are what so many men like Trump choose naturally as their MO. And here’s another interesting quote, with an Australian theme:

In 2016, the Guardian published an analysis that found Hillary Clinton received abusive tweets at almost twice the rate of her Democratic primary opponent Bernie Sanders, while former Australian prime minister Julia Gillard, too, received about twice as much abuse as her male challenger, Kevin Rudd.

Actually, Rudd and Gillard belonged to the same party, but it’s probably right to describe them as opponents.

So I’m hoping that after the carnage of this Presidency, with Trump and his family in jail and his successor discredited, that the President after 2020 will be a woman. Obviously she will be a Democrat.

Elizabeth Warren has struck me as very impressive, from my still fairly minimal observations of her – a leftish liberal more palatable to the squeamish Americans than Sanders. After some more research I may write a piece about her. I certainly wouldn’t want any ‘celebrity’ female candidates running for office, and I suspect Hillary Clinton has done her dash.

As I slowly write, things keep happening. Rex Tillerson has been sacked. Silly man, he should’ve resigned long ago. I’ve had a bit of a fantasy in which all the top White House staffers and Trump appointees get together, decide enough is enough, and stage a mass resignation. It would actually be better for them – instead of being stuck in utterly thankless jobs, they’d come out of it as instantly employable for having the guts to take a stand. But of course, this would take organisation and co-ordination, and we’ve seen no evidence of that in this administration.

Finally, Putin has attempted to murder another Russian expatriate, along with his daughter. Many others have been poisoned too. Trump has belatedly come out in support of the British government’s rather tepid statement that Russia is ‘highly likely’ to be behind the nerve agent attack – though the whole statement is worth reading. Putin’s minions are saying that given Putin’s recent announcement that they’ve created some kind of super-weapon, it’s dangerous to accuse Russia of wrong-doing. To me, this is tantamount to an admission of guilt, and fairly solid proof of Monsieur Putain’s mafioso scumbag credentials. How to deal with this? Internationally and with unassailable solidarity. Russia has already been brought to its knees by Putin’s thievery, but we need to apply more pressure and provide as much support as we can to the millions of Russians who want to be freed of this scumbag so they can enter the adult world.

I’m a little disappointed that the Trump is still holding good at 40%, which should ensure he doesn’t get re-elected (yes yes, out of office by year’s end), it seems that only more indictments of the inner circle will drop him down below 35. Not sure if I mentioned this before, but I’m reading Chasing the scream, the racy but horrifyingly tragic bestseller by Johann Hari about the spectacularly disastrous ‘war on drugs’ in the USA and Mexico (disastrously forced on it by the US). The Trump recently threw red meat to his base by promoting the idea of execution for drug dealers (in the campaign for the Pennsylvania by-election, won by the Dems, haha), another know-nothing piece of squawking from someone who knows nothing but the idea of crushing, stamping, beating. It’s Mussolini without the hanging – yet.

Written by stewart henderson

March 15, 2018 at 10:26 pm

Trump’s downfall – like watching a slow-mo train wreck

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the demise of Richard III

So after something of a lull (but not in the offices of the DoJ’s Mueller and his team) everything’s hotting up in the Russia investigation, and my prediction seems now a dead cert. The indictment of the thirteen was a fascinating read, and we’ve yet to find out if any Americans close to Trump were wittingly involved in this trolling affair. There’s likely more to come from that direction, but the most recent guilty plea and co-operation deal from former White House aide Rick Gates lands a decisive blow, and we still haven’t heard from Flynn – though there may be nothing much to hear.

The Mueller team’s strategy in this investigation, or perhaps I should say the pundits’ attempts to comprehend the strategy, makes for irresistibly compelling viewing and listening, especially as we’re now getting reading material from the team, and very deliberately so, as the American public, or that part of it that matters, need to be made aware of the real and serious nature of the Russian threat and the relationship between the Trump campaign and presidency, and Russian oligarchs, government officials and supporters, such as former Ukrainian dictator Viktor Yanukovych. I should mention the most compelling of the pundits, for me, who include Rachel Maddow, Laurence O’Donnell and Ari Melber for MSNBC, and Anderson Cooper, Don Lemon and Chris Cuomo for CNN and their numerous expert guests.

What has been tantalisingly suggested in the most recent indictments of Manafort, Gates and the Dutch lawyer Alex van der Zwaan is a possible/probable connection between 1: Manafort’s financial problems and the many swindles he engaged in after the deposing of Yanukovych in 2014 and the sudden reduction of those problems when he became Trump’s campaign manager in 2016, and 2: the financial connections between Trump and members of his family and Russian oligarchs. One key to that reduction seems to be the millions of dollars of loans received from a Chicago bank headed by a Trump supporter, who apparently was hoping to be made Secretary of the Army in return. Didn’t happen of course.

And the crises keep on coming in Trumpland. I’ve not written here for a few days, and the latest, just in, is that Kushner has been effectively demoted due to his lack of a security clearance, which will mean a battle between him and John Kelly, which will involve Trump, but more importantly it will focus attention on just why Kushner is deemed a security risk. And of course the clearance issue involves a scandalously large number of White House staff besides Kushner. Another shemozzle. There was apparently a conversation between White House counsel Don McGann and Deputy A-G Rosenstein (initiated by the White House I’ll bet) a couple of weeks ago about Kushner’s clearance. I’d love to have heard its substance. It’ll be interesting to see how Trump handles this particular debacle. He presumably won’t fire Kelly, because that’ll do nothing for the clearance situation – it’s people like Mueller and Rosenstein he wants to fire. My guess is he’ll try to continue with business as usual, defying Kelly’s order that Kushner not be allowed access to top secret documents. The media need to be watchful on this.

But getting back to Manafort-Gates, this appears to be the main game re Trump’s downfall. According to all the legal analysts, the case against Manafort is more than extremely strong, and his only hope of getting a lighter sentence is to plead guilty and co-operate with the Mueller investigation – though perhaps he’d prefer to live his life out in jail than leave himself open to Russian hit-men. He’s showing no sign of cracking as yet, but I can’t imagine it’s due to loyalty to Trump. Meanwhile, reports are that Trump is very worried about Manafort spilling the beans. Again it’s all about following the money.

For the rest of this piece, though, I want to focus on whether Trump will be kicked out, how will he be kicked out, the obstacles and a little bit about the aftermath. First, let me focus on an article in the New Republic, by Matt Ford, published in late January, entitled ‘Trump is Here to Stay’. It’s not a pro-Trump piece, but it questions the likelihood of indicting a sitting president. This is a key question, because I’ve never taken much interest in the political process known as impeachment, which is a more or less uniquely American thing. To me, it should be all about the law – laws being similar (or more similar than different) in all advanced western nations. And no single person, regardless of station, should be above the law. So I would be expecting that Trump would be removed by the Department of Justice, not by Congress, but there’s no precedent for this. But there’s no precedent for Trump either. I wouldn’t want Trump to be removed by a political process, I’d want him to be removed for breaking the law, or laws.

So what laws would he have broken? Obstruction of justice and perjury are two obvious ones, and others would have to do with his finances, and how they tie him closely to Russian oligarchs and their extreme anti-democratic ambitions and their interference in the recent elections – for which one Russian oligarch has already been indicted. Of course my disagreement with Ford and his article is driven by optimism and an unwonted love of fireworks, but I think that, though he accepts Mueller’s thoroughness, he underestimates it. He might also think differently now that these Russians have been indicted, and Gates has pleaded guilty. The Mueller team have come out in public a lot more in the past month, and more is surely expected, nobody can really predict what will come out next. Indictments against, say, Kushner for his financial dealings may change the picture, especially if they’re comprehensive. And Manafort may yet change his tune under pressure. And remember that the Mueller team can look at any wrong-doings that turn up in the course of their investigations, which include the dodgy profits Trump is certainly deriving from simply being the President. I think Ford also underestimates the groundswell of resistance, which may lead to unprecedented national action throughout 2018. The mood against Trump may turn more and more ugly, and if a Mueller indictment comes on top of that, we may witness a true constitutional crisis. For example, I don’t see Pence as being acceptable to the American public, so we’ll be in uncharted territory. Americans might at last see that their political system needs some serious revision – too many personal appointees of America’s CEO and not enough elected officials running things – not enough democracy, in effect.

 

Written by stewart henderson

March 1, 2018 at 11:27 am

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