Showing posts with label Alan Dershowitz. Show all posts
Showing posts with label Alan Dershowitz. Show all posts

Tuesday, February 4, 2020

Thank Trump's Lawyers - Especially Dershowitz- For Paving The Path To A Fascist Dictatorship



Related image
Trumpie lawyers Ken Starr (left) and Alan Dershowitz.  Hitler himself would have been proud of their Constitution -debasing  arguments.

"This is a president who already has few constraints on his behavior and now there will be even fewer with these crazy arguments, and he will be running around saying he's exonerated.  He's being let off the hook by the Republicans but he is not going to be set free by the American people, I hope.  Because they get this was  not a fair trial with no witnesses, no documents - a total stonewall.".- Sen. Maisie Hirono, on Rachel Maddow, Thursday  night,

"This is the dawn of American authoritarianism, and Republicans are not only not trying to stop it, many are openly cheering it. The rest of us — many of us, anyway — are aghast, overcome and exhausted."  - Charles M. Blow, NY Times today


"Say goodbye to the rule of law.  Thanks to the Republicans we now have a dictatorship."    Bill Maher, Friday night, 'Real Time' 

Americans ought to thank Alan Dershowitz for his scintillating defense of President Donald Trump. Carried away on a crescendo of bluster, the retired Harvard law professor broadcast the true meaning of the acquittal preordained by crooked Senate Republicans: This president is exempt from any legal consequences, even if he seeks foreign assistance to rig his own election.

While the Dershowitz defense provoked an eruption of astonished guffaws and jeers — with “preposterous” the most frequent term of derision — it is significant precisely because it is so absurd and so blatantly disdainful of American constitutional values. "- Joe Conason

"The state of the union is upside down and inside out and sauerkraut. Trump has changed literally everything in the last three years, transforming and coarsening the game. On Friday night, he became, arguably, the most brutishly powerful Republican of all time. Never has a leader had such a stranglehold on his party, subsuming it with one gulp." -  Maureen Dowd, NY Times, Sunday, Feb. 2,  'Trump- Unrepentant and Unleashed'


We learned yesterday  (Denver Post, p. 5A)  Trump is ecstatic that the "Senate is on schedule to  acquit him by Wednesday".  Well, it's terrific for this criminal and reprobate but a sad day for the rest of the nation.    Now, Trump's cult of lawless vipers - especially the lawyers who concocted  this BS of  "mixed motives" justifying anything, can brag "there was nothing there" and certainly nothing impeachable.  Leave the poor little wannabe dictator alone, do.

Those with IQs over room temperature digits and a basic sense of morality and constitutional insight know better.

The consensus of pundits on MSNBC  following the Thursday Senate trial on Trump's impeachment  is that we are in "a very scary moment"  and (in Chris Hayes' words) "in a time of great national peril if Trump's lawyers arguments for acquittal are codified".  This is no exaggeration and the most radical exponent of the destruction of constitutional law was Alan Dershowitz. He basically argued that a president like Trump can be anything he wishes (presumably even shooting someone on 5th avenue) if he "believes it's in his own political interest and the  national interest."  In effect, a mixed motive delivers absolute power effectively putting any scumbag beyond the law and accountability.  

Tony Schwartz, co-author of the book, The Art of the Deal, agreed with the panel's takes and also warned if Trump is re-elected he will carry out a personal  "pogrom" on all 200 odd figures who appeared on MSNBC and criticized him in any way.   Indeed, he conjectured Trump may even sic his pet toady Barr on any who attacked him.  He then noted that Lev Parnas - one of Rudy Giuliani's tools "had good reason to be afraid of William Barr."

I  tend to agree and also with former Republican Charlie Sykes who argued that after the coming vote for acquittal- and especially after refusing to accept witnesses- the Reep Senators in swing states (including Martha McSally (AZ) and Cory Gardner (CO))  will face a backlash and the Dems could well retake the Senate.

Back to Dershowitz:  Blogger Joe Conason has perhaps given one of the best takes on his "performance" last Thursday,  regarding the nonsense that Trump is basically above the law.  Now, to be fair, in a tweet Thursday night Dershowitz insisted his arguments were "mischaracterized", writing:

"I did not say or imply that a candidate could do anything  to reassure his reelection, only that asking help in an election is not necessarily corrupt, citing the Lincoln and Obama examples. Critics have an obligation to respond to what I said not to create strawmen to attack.

But are those really straw men?   Of course not, given Dershowitz is condoning extortion - bribery to get help, so indeed it is a case of   "anything goes." As I pointed out in my Sept.. 25th post, 'Don't Be Misled By Overthinking': 

"As FOX's own judicial analyst Judge Andrew Napolitano  informed  anchor Shepherd Smith yesterday afternoon, Trump basically openly admitted to committing bribery which is an impeachable offense.   To jog memories, recall this all began when Trump pressured the Ukrainian president, Volodymyr Zelenskiy, in a July phone call to investigate the son of Joe Biden, the former vice-president and the frontrunner for the Democratic nomination to compete for the White House in the 2020 presidential election.

Indeed, Judge Napolitano noted the Founders ranked  bribery right up there with treason - which crime Trump is also likely guilty of. Napolitano was referring to the fact that Trump sought the help of a foreign country (Ukraine)  to gain leverage to destroy his potential political opponent - Joe Biden. And worse, he used the withholding of over $450m in already taxpayer- allocated foreign aid as an extortion tool.  

 As Napolitano put it, in an earlier historical time "beheading was the punishment" - though he would "hesitate to prescribe such for Trump". Well, I wouldn't. But I would hang him first, or maybe electrocute him in an old electric chair- as he earlier insisted ought to be done to Joe Biden. .

My point?  If this FOX- based judge  Andrew Napolitano could recognize the objective evidence for bribery  and an impeachable offense, then any other sentient person could as well, including the daft Derswhowitz - who as wifey put it, "has shattered whatever Harvard creds and dignity he once had".


   Back to  Joe Conason - who writes in his recent blog post, first directly quoting Dershowitz:

 “If a president does something which he believes will help him get elected in the public interest, that cannot be the kind of quid pro quo that results in impeachment.” He suggested that such a deal would only be impeachable if motivated by financial gain.

Could “something which he believes will help him get elected in the public interest” mean literally anything? Would shooting someone on Fifth Avenue be excused, too, or only “something” like extorting a hit job by a foreign power on a political opponent?

Eminent legal minds and Democratic senators pounced on the absurdity of Dershowitz’s statement — which blithely erased Trump’s corrupt abuse of power by attributing a pure motive to him. 

Dershowitz shot back, saying that the critics had willfully misinterpreted his words. But there is no way to parse them that is constitutionally palatable. They reek of a poison that would kill our system of free government."


Dershowitz'  argument that abuse of power is not an impeachable offense is, as Dersh himself admitted,  one with which nearly ever law school academic and constitutional scholar would disagree. Even Harvard  Constitutional law professor Lawrence Tribe skewered Dersh's nonsense in a memorable segment on All In a week ago .   This hasn't stopped the irrepressible Dersh from trying - again today (WSJ, p. A17, 'Democrats Are Lying About My Arguments')   from once more attempting to achieve some salvage operation.  But again it's all transparent, sophomoric sophistry and propaganda.  

 It's little wonder Prof. Tribe took him to task for trying to peddle such  farcical codswallop, e.g.: https://www.youtube.com/watch?v=ADCUGx9wHhE  
Averring:

"I almost don't know where to start. My colleague has it upside down. I knew the Trump defense was going to rely on to a large extent on alternative facts,  but I didn't know they were also going to use alternative law.


There is no legal principle that says something has to violate a federal criminal statute to be impeachable.  When the impeachment power was put in the Constitution there were no federal criminal statutes.  As the House report accompanying these articles of impeachment says, what is being charged against the president happens to be a federal crime: felony bribery.  And on top of that yesterday we learned from the accountability office that the president is indeed breaking the law, the impoundment control act.


So that's why I don't know where to start since Alan is completely wacko on this.  So I don't understand why the president thinks it will help him to have this kind of bizarro defense."


However, we can be sure Adolf Hitler would have admired and applauded the effort as one he'd have used to justify his 'Enabling Act' - a perverse law that destroyed the last vestiges of the Weimar Republic and paved the way for one party Nazi rule.   Think this is hyper -reaction and exaggeration?  Then you're not paying attention as there's already been a threat on Adam Schiff's life.


Threat on Adam Schiff's life, weeks after Trump incited violence in tweet

This is one of the ways Nazi domination began with fear and threats, as well as attacks - on Jews, socialists (real ones not the National Socialists) in Germany in the 1930s.  People had better damned well wake up or they won't recognize the nation they wake up to.

And no, folks, there is no way in hell I will be tuning in tonight to see 'BLOTUS'  boasting in his 'State of the Union'  as being "exonerated" from the "hoax impeachment."  I will be watching a pay per view movie with wifey instead.


See also:


Excerpt:

"While it may be too late to debunk Alan Dershowitz’s “mixed-motives” theory of impeachment for the purposes of Trump’s impeachment trial, it is still important to debunk it before the election in November. Otherwise, Trump and the Republicans will successfully use this desperate bullshit over the next nine months to rationalize their refusal to call witnesses."

And:


And:

Tuesday, January 28, 2020

Yes- If Repuke Senators Ignore Bolton's Revelations & Acquit Trump They Are Guilty Of Treason Too




Image may contain: 4 people, possible text that says 'YOU ARE A TRAITOR IF YOU PROTECT A TRAITOR'

"The idea that the Democrats, not Mr. Trump’s campaign staffers, conspired with foreign operatives is more than “conspiracy theory.” It is a fascist ploy to turn lies into truth. This is why I said recently that Mr. Trump’s crime is so much worse than abuse of power. It’s treason."  - John Stoehr, ('When Does Ordinary Republican Partisanship Become Treason' ,   The Baltimore Sun)

Barely hours before former national security adviser  John Bolton released blockbuster contents on Trump's quid pro quo vis -a -vis the Ukraine (in his soon to be published book) the orange maggot traitor tweeted this about Adam Schiff Sunday:

"Shifty Adam Schiff is a CORRUPT POLITICIAN and probably a very sick man. He has not paid the price yet for what he has done to our country!"

Schiff, appearing on 'Meet the Press' Sunday correctly interpreted this as a threat.  Of course,  given Trump consistently projects his own vile attributes onto others (mainly critics, Dems)  his tweet must be reversed to read  i.e. 

"I, Donald Trump am a CORRUPT POLITICIAN (and TRAITOR!) and am a very sick man.  I have also not yet paid the price for what I have done and am doing to this country!"

But will this human vermin pay? As the Senate trial winds on, in the midst of the criminal resident bragging openly about obstruction, e.g.
and two days earlier, caught on a video bellowing "Take her out!" - referring to Marie Yovanovitch - barking the order to henchman  Lev Parnas .  e.g.




There is more than ample evidence to hold this swine to account, and even hang him as the traitor he is, especially after Bolton's revelations, namely that Trump wanted to continue freezing nearly $400 million in military aid to Ukraine until it helped to investigate the Bidens.

  See e.g.


This directly contradicts what the Traitor's defense team has been arguing, i.e. that "there is no connection between security assistance and investigations."    They peddled this bunkum yesterday along with the Kremlin -generated codswallop (by Trump stooge Pam Bondi) that Ukraine was the real culprit in 2016, in conjunction with Burisma & the Bidens.  Then there was the addle-pated Alan Dershowitz again repeating the canard that impeachment required an actual violation of a federal criminal statute. (Never mind none were even written at the time the Founders inserted the impeachment clause).

   But now, with John Bolton's material ("like a grenade exploding" according to one pundit)  Trump and his team of liars...errr, lawyers,  are boxed into a corner.   (Trump of course denies he told Bolton anything about withholding aid, but we already know this orange Orang lies like he breathes.)  At the very least, Bolton's ms. confirms all we've seen and heard from earlier House inquiry witnesses, like Fiona Hill and Gordon Sondland.  That means the decision of whether to allow Bolton as a witness puts the Repuke Senators on trial along with the traitor.    Got nothing to hide? Then demand Bolton appear as a witness! 

If they refuse to allow Bolton to appear as a witness - at least - far less remove their criminal traitor Overlord,  then yes, they are also traitors. They can be nothing less. Especially in the guise of Trump's derelict lawyers now accusing Democrats of "trying to overturn the 2016 election" - echoing the orange pestilence himself.

Of course, today's  WSJ editorial ('John Bolton's Report', p. A16) insists the Bolton revelation being a "bombshell" is mere "media hype."  Also, if Trump did do it there's still no impeachable offense given "Ukraine never opened an investigation and the U.S.  aid was delivered on time."  Failing to grasp, as usual, that an attempted crime is still a crime.  If Mr. X attempts to embezzle $1m from his company then changes his mind midway through, he's still committed a crime and can be locked up for years.   So the WSJ's "arguments" - like those of Trump's stooge lawyers- amount to balderdash and bare bollocks.



Here's the bottom line: If their guy has nothing to hide, and they themselves want the full evidence they've been claiming the House Dems didn't provide- they have no choice other than to call Bolton to testify.  If they do not, they are in the same cover up, stone wall and obstruction mode as their master.

 One must then ask, if these Trump cultists punt,  if the 'Grand Old Party'  has transitioned from hyper -partisanship to treason.  A recent Baltimore Sun article  ('When Does Ordinary Republican Partisanship Become Treason' by John Stoehr), argues this has been done, e.g.

https://www.baltimoresun.com/opinion/op-ed/bs-ed-op-1205-treason-republicans-trump-20191204-b4r43waqcfbtfe7hhjfgjcsixu-story.html


Let's go through Stoehr's essay and assess how close he is to the truth in his assertion. He writes:

"It bears repeating: Donald Trump was not only press-ganging Volodymyr Zelensky in an illegal scheme for partisan gain. He was rewriting the history of 2016 in order to wound enemies (Democrats) and help friends (Vladimir Putin) — as well as to give Kremlin operatives room to strike again. It is in no way overstating the case to say the president of the United States is the head of an international conspiracy to defraud the American people. "

There should be no issue on this, period. We have the evidence, the documents and Trump himself threatening  and even bragging about his alliance with Putin in a criminal conspiracy. 

If anyone is into valid conspiracies (like the one behind the JFK assassination)  this is indeed the one to accept because it is closest to the truth of all the ones out there right now.  We know  the Trump team had  more than 100 meetings - that we know of -  with Russians, including GRU intelligence agents.  Specifically in "Trump and His Associates Had More Than 100 Contacts With Russians Before the Inauguration,"   The NY Times tracked down "more than 100 in-person meetings, phone calls, text messages, emails and private messages on Twitter," all made by "at least 17 campaign officials and advisers [who] had contacts with Russian nationals and WikiLeaks, or their intermediaries."


Robert Mueller not only defined a conspiracy in the case of an indictment filed against 12 GRU agents in 2018, but made it public, E.g.   


Mueller  also - if you read part one of his report-  made it clear Trump was involved in this  conspiracy.  As Harvard Law Professor Lawrence Tribe elegantly summed up earlier this year ('Last Word' with Lawrence O'Donnell):

"What we have here is a situation where the Mueller report shows without any doubt that a hostile foreign power attacked the United States in this (2016) election.  That Donald Trump welcomed that attack, benefited from it and then - the last couple of years - tried to cover it up every possible way. "

Text messages, phone records, foreign intercepts, emails  - other documentation of the meetings, e.g. of Carter Page-   point to clear conspiracy with the Russkies to alter  the 2016 election. 

Even more explicit is the take from Mimi Rocah, former federal prosecutor, appearing January 25th last year on 'All In':

"There's just so many facts in this indictment about the coordination of the Trump campaign with Wikileaks, through Roger Stone. Remember that GRU indictment - if you go back to that- one of the objects of the conspiracy is not just hacking but hacking and disseminating.  You can't look at them alone, you have to go back to everything we know, the Trump Tower meeting, the calling out by Trump to Russia (to grab Hillary's emails)...there's just so many other things."

de facto conspiracy by any other name. Then there are Traitor Trump's own words to hang him,  e.g.

"I will tell you this, Russia if you're listening, I hope that you're able to find the 30,000 emails that are missing. You will probably be rewarded mightily by our press. Let's see if that happens."


The very next day the Russkies hacked the DNC - and the traitor 'Pukes have the nerve to try to lay the 2016 election interference on the Ukraine.  Worse, to invoke the Ukraine- Crowdstrike- Burisma nonsense to try to deflect attention and get Trump acquitted.

 Stoehr again:

"It has remained to be seen how far the Republican Party is willing to go in defense of Mr. Trump’s conspiracy. But now, as the impeachment process enters a new and dangerous phase, we are seeing new GOP behavior, though we have witnessed plenty of hints. One reporter wrote recently that Republicans decided the best way to defend the president is to embrace “the claim" of Ukrainian interference in the 2016 election. Let’s be clear. 

There was no Ukrainian interference. That’s according to the special counsel’s report, which cited one and a half dozen national security agencies. That’s according to the bipartisan Senate Intelligence Committee report. That’s according to every career official in the State Department who testified under oath last month.The idea that Ukraine, not Russia, attacked the U.S. originated in the Kremlin."


Indeed, this specious - already debunked narrative -  claiming it was Ukrainians who meddled in the 2016 election instead of the Russians- was  totally refuted by Dr. Fiona Hill in her House Impeachment hearings appearance, e.g.

Fiona Hill Schools Russian-Bought Reepos To Disda...

In her own words, from my Nov. 22nd post:

"This is a fictional narrative that has been perpetrated and propagated by the Russian security services themselves.”


Further, an intel report released the next day (and issued to the Republicans as well ) noted the Ukraine - CrowdStrike BS was being peddled by Putin and the Russians to frame Ukraine.  But the Reptiles have continued to invoke it because they are traitors first and sowers of  propaganda and lies second.  Fifth columnists who consistently place party and obeisance to Trump,  over country. Recall also Traitor Trump's lies at the time,  issued in a tweet, e.g.

"The F.B.I. went in, and they told them, ‘Get out of here, we’re not giving it to you,’ They gave the server to CrowdStrike, or whatever it is called, which is a company owned by a very wealthy Ukrainian. I still want to see that server.”

Hell, even Brian Kilmeade and Steve Doocey (two of the FOX 'n Friends trio) had their mouths agape. Kilmeade - once he caught his breath - even had the sense to ask the Traitor- in -chief for his sources.  All he could do was bark 50 more minutes of lies. 

Mr. Stoehr again:

"The idea that the Democrats, not Mr. Trump’s campaign staffers, conspired with foreign operatives is more than “conspiracy theory.” It is a fascist ploy to turn lies into truth. This is why I said recently that Mr. Trump’s crime is so much worse than abuse of power. It’s treason. And the Republicans, like lemmings, are heading for a cliff. "

Indeed, these rats are headed over a cliff, and with a huge grenade (the Bolton disclosures) in their sorry paws as well.  Set to blow up just as they vote to acquit Herr Hitler Jr.  And as I noted earlier it was  the Trump team that had  more than 100 meetings with GRU agents. It is the Reepo-Trump alliance who are the traitors and attempting to overthrow the nation's founding principles and Constitution and replace them with a hostile, alien authoritarian fascist stamp.   Once more we learn from Mr. Stoehr:

"It’s quite another thing, however, to know what you’re doing is wrong and do it anyway. The Republicans can’t not know. First, because intelligence officials briefed Senate Republicans, telling them explicitly the Ukraine-attacked-us story is pure Putin disinformation. Second, because Fiona Hill, a former member of the White House National Security Council, and a Russia authority, was clear about what House Republicans were already doing. She said: 

“In the course of this investigation, I would ask that you please not promote politically driven falsehoods that so clearly advance Russian interests. I refuse to be part of an effort to legitimize an alternate narrative that the Ukrainian government is a U.S. adversary, and that Ukraine — not Russia — attacked us in 2016.”

 Again, repeating what I wrote earlier in regard to Dr. Hill's House testimony.  And now the coup de grace:
"And now we have another reason why the Republicans can’t not know they are participating in a conspiracy to defraud the American people. Rudy Giuliani, who is not regarded for his discretion, confessed to knowing the Ukraine-attacked-us story was bunk. Not only that, the president’s personal attorney actually said he decided to pursue “evidence” of Ukraine’s attack in order to undercut Robert Mueller’s report.

Is that where the Republicans want to go? Well, yes, if Tucker Carlson is any indication. The Fox News host is on the bleeding edge of attempts by Trump partisans to expand what the American people think is acceptable behavior. On his show recently he said: “I’m totally opposed to these [US] sanctions [on Russia] and I don’t think we should be at war with Russia and I think we should take the side of Russia if we have to choose between Russia and Ukraine.” He went on to say the Democrats hate America more than Vladimir Putin does.   At some point, we must face what it means for Republicans to know the truth but to advance Kremlin lies anyway, even when doing so slowly burns down the republic.

At some point soon, we must stop calling them dupes, and start calling them the enemy."

So by carrying water for the already discredited GRU, Putin and their conspiracy codswallop - like the Senate Reeps plan to do (unless they prove otherwise) -   we can declare  they are indeed the enemy.  Worse, all these misfits who swore to protect and defend the Constitution against "all enemies foreign and domestic"  are de facto traitors. 
   
They are openly using debunked material from a hostile foreign security service to undermine our Republic and indeed to destroy it. Thus, each specious argument made by Trump's lawyers to protect him  - and the Republican party - amounts to one more nail in their treasonous coffins.  The people,  representing the court of final appeal (guided by the Constitution) - will make their final verdict known in November.  Unlike the GOP's cowardly Senators they will oust all these Reepo snakes:  from the presidency, and the Senate.  Giving us a chance to disinfect both from the pestilence that's nearly destroyed them - and our nation.

See also:

Goldberg: Trump’s defenders have adopted a doctrine of infallibility »



And: