Showing posts with label Don McGahn. Show all posts
Showing posts with label Don McGahn. Show all posts

Wednesday, December 11, 2019

Clarifying The Basis For The Limited Articles Of Impeachment - Which The Media Couldn't

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Leaders of House Committees announce two articles of impeachment yesterday morning.

In a momentous event yesterday, Democratic congressional leaders unveiled articles of impeachment against Donald J. Trump, a historic move set in motion by a whistleblower complaint warning the president was using the power of his office to solicit foreign interference in a US election.


Democrats outlined only  two articles of impeachment: I) abuse of power and II) obstruction of Congress. The charges were announced by House judiciary chair Jerry Nadler, flanked by speaker Nancy Pelosi, intelligence chair Adam Schiff and other members of the Democratic leadership.
Nadler said: 
“Today in service to our duty to the constitution and to our country the House committee on the judiciary is introducing two articles of impeachment, charging the president of the United States, Donald J Trump, with committing high crimes and misdemeanors.”

The articles were unveiled after almost three months of investigation of wrongdoing by Trump, including openly and brazenly admitting his perfidy and crimes.  Despite his public admissions of high crimes (including one memorandum to staff ordering a total stonewall of congress, and the published transcript of his extortion of Vlodymor Zelenskiy), seemingly skirted over by most of the media, the House Dems brought the hammer. Hence Trump  is accused of withholding military aid and an Oval Office meeting from Ukraine in exchange for investigations into the former vice-president Joe Biden, his political rival, and a baseless conspiracy theory which says Ukraine intervened in the U.S. election in 2016.
Democrats had weighed as many as four articles, including an obstruction of justice charge relating to Trump’s conduct during special counsel Robert Mueller’s inquiry into Russian election interference and links between Trump and Moscow.

While the impeachment articles focus on Trump’s conduct in the Ukraine scheme, Nadler said, the articles went to a “pattern” of presidential behavior, meaning they implicated the Trumpies seeking collusion with the Russians for help in the 2016 election as well..
According to the text of the first article, Trump “used the powers of the presidency in a manner that compromised the national security of the United States and undermined the integrity of the United States democratic process". He thus ignored and injured the interests of the Nation.  Hence:
“President Trump thus warrants impeachment and trial, removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States.”
The second article states that “in the history of the Republic, no president has ever ordered the complete defiance of an impeachment inquiry or sought to obstruct and impede so comprehensively the ability of the House of Representatives to investigate his behavior."
Explaining the charges, Nadler said: “A president who places himself above accountability, above the American people and above Congress’s power of impeachment … is a president who sees himself as above the law. We must be clear no one not even the president is above the law.”
The move means that by the end of next week, Trump could become the third president in US history to be impeached. Andrew Johnson survived impeachment in 1868, as did Bill Clinton in 1999. Richard Nixon resigned in 1974 before being formally impeached.
The House Judiciary committee will vote on the articles, followed by the full House. As Democrats control the lower chamber, a trial in the Senate is likely to follow in January. Republicans are in control there, making Trump’s conviction and removal unlikely.
Alas, by midday much of the corporate media had tied itself into explanatory knots after perceiving the limited nature of the articles, i.e. relative to what was expected.. Chief among the media's obsessions: 1) Why the House Democrats abandoned the use of the stronger language "bribery" or "extortion"... And (2) why the Dems settled on "obstruction of congress" instead of obstruction of justice.
The reason for (1) is straightforward and entails the fact that post-Constitution (and its mention of bribery) a subsequent court ruling narrowed the definition significantly by introducing statutory (legally based, i.e. criminal) components that raised the bar for proof.  Not wishing to open the door for even more Repuke haggling over the existence of misconduct, the Dems chose to leave the terms out, which was a wise move -  as Prof. Noah Feldman pointed out last night on 'All In'.

"All you need to know to realize Trump actually committed these crimes, is the memorandum of the phone call he had with Volodymor Zelenskiy - which makes it super clear he abused the office of the presidency to gain a personal advantage in the 2020 election.  And the letter where the president directed his White House Counsel to say 'I'm stonewalling the whole impeachment inquiry.'  Which shows Trump is impeding or obstructing congress..

If you've got those things that's all the proving you need. It makes these very simple, clear and explicit articles of impeachment."
Regarding the reason for (2), obstruction of justice would have required the higher standard of Trump rejecting all possible court rulings, i.e. to turn over documents, witnesses. But as Prof. Feldman pointed out above, Trump's memorandum to his White House counsel seals the proof for obstruction of congress- so you really don't need anything else.

Also, as Adam Schiff pointed out yesterday at the announcement, they had already waited nearly eight months just for one court ruling on Don McGahn having to testify (which is still almost certainly going to the Supreme Court).  So to avoid Trump's endless court delays - for which he is notorious - the Dems opted to simply cite obstruction of congress - which is still significant.  As Prof. Lawrence Tribe of Harvard has also observed:
"It amounts to contempt of congress, a far more sweeping violation of separation of powers than even Richard Nixon was guilty of, cited in the then Article 3."
Other media talking heads, even on MSNBC, questioned why the Dems couldn't just wait. Adam Schiff's response to that was stark and blunt:
"The argument ‘Why don’t you just wait’ amounts to this: ‘Why don’t you just let him cheat in one more election?’Why not let him have foreign help just one more time?”
An interesting aspect that only appeared in some outlets (e.g. NY Times) later was that some Dem moderates wanted to try to build bipartisan support for a censure of Trump, instead of impeachment.  But this sort of lily-livered response to what this maggot has tried to do is beyond the level of any kind of acceptance. It is, not to exaggerate, more like an appeasement on a level of with Neville Chamberlain's appeasement of Hitler, before World War II.(He signed the Munich Agreement in 1938, relinquishing a region of Czechoslovakia to the Nazis.)
Fortunately the censure move was DOA with the House Dem leaders, who recognized that given the Reptiles' dedicated protection of Trump there was no way in hell that wold pass wither. All that would happen is the Dems would be made laughing stocks.
See also:
https://newrepublic.com/article/155655/founding-fathers-impeachment-corruption-president-trump

Thursday, October 24, 2019

Reepos "Storming" House Committees' SCIF Site Shows Them All To Be Lawless Clowns

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Matt Gaetz - today and some years earlier in a (Ft. Walton Beach)  FLA mugshot for a DUI .  This former criminal  was the leader of the House GOP rabble that violated the law in "storming" the House Committee Deposition room.

It was a scene right out of a grade Z political thriller - with a gaggle of white boys in suits  trying to storm a  House Committee security site (Sensitive Compartmented Information Facility). Except all the storming morons turned out to be pathetic clowns - in the words of Donny Deutsch this a.m. on 'Morning Joe'.  The pack was led by FLA scofflaw Matt Gaetz.  Given the stunt was a lawless act in that it violated all security protocols for depositions  - it is no surprise that a lawless punk would have led it.
House Republicans talking to reporters after leaving the House SCIF.
Scene of House Reeptards  halting impeachment inquiry yesterday with their lawless PR stunt.

The surprise is that the supposed sole "adult in the room" - Rep. Steve Scalise (the Minority Whip) - allowed himself to be led by the nose by this FLA punk who masquerades as a representative - but spends most of his time kissing Trump's ass.

Why do this? Because the Reeptardo defenders of Trump - as well as Captain Bonespurs himself-   are running out of options and this is all they have left.  Lawless acts from a lawless party. So given that they can no longer block decent civil servants from the State Dept. from appearing (as Trump could block his own staff and even former staff-  like the coward Don McGahn) they are left to squawk bullshit (this is a "kangaroo court", "no transparency" blah blah) - when they had the same conditions for the Benghazi hearings. So all they can do is disrupt which is what we beheld yesterday, and on orders from Traitor Trump. A human rat who now finds himself being more cornered each day as the impeachment box gets more confining.

As proof of my contention, the Reeptard criminals who "stormed" the closed-door committee hearing on Capitol Hill-   disrupted a crucial deposition related to the Ukraine controversy.  This came a day after devastating testimony from a key diplomat, William Taylor.  These hypocritical asswipes can sure dish it out - like they did with Benghazi - but they can't take it.  Nor are these dolts even aware of the law and yesterday, as Rep. Steny Hoyer noted, that they were perfectly entitled to have 47 LEGITIMATE members in on the Committee hearing.  But they chose to raise a ruckus via non-members, for which the Sergeant -at -arms had to be called to frog march their asses out.  

This is what it's come to in Donald Trump's America, including now an MLB moron umpire (Rob Drake)  evidently calling for "Cival war" in a tweet:

"I will be buying an AR-15 tomorrow, because if you impeach MY PRESIDENT this way, YOU WILL HAVE ANOTHER CIVAL (sic) WAR!!! #MAGA2020”

Oh wow, I'm shaking.  Maybe you ought to learn how to spell before you tweet such hyperbolic threats,  you effing twit.

See e.g.

https://www.theguardian.com/sport/2019/oct/23/rob-drake-umpire-tweet-civil-war-maga

No, folks, you cannot make this shit up.   The loony tunes are loose in the  land and it'll get worse as we head for public hearings, the actual impeachment and the Senate trial of this misbegotten  monster who has got two fifths of the nation mind -fucked by his antics and tweets.  Rob Drake is a classic case, and I'm sure there are millions more as feeble-minded and FOX-ite gullible like this mutt.

As for yesterday's events the ensuing chaos and confusion temporarily shut down the proceedings before the three House committees leading the impeachment inquiry  called in the law.  (Sergeant -at -Arms) This as scofflaw Republicans tweeted updates of the disruption from their cellphones, which are not permitted in classified areas. Their presence in the chamber reportedly erupted into yelling matches with committee members.  

It all began when Gaetz, the top criminal trespasser- and one of Trump’s closest allies on Capitol Hill (meaning one of the the most pronounced ass lickers), tweeted this garbage:

“BREAKING: I led over 30 of my colleagues into the SCIF where Adam Schiff is holding secret impeachment depositions. Still inside – more details to come,” 

His PR stunt tweet referred to  secured areas of the Capitol known as Sensitive Compartmented Information Facilities, or SCIFs, and  Rep. Adam Schiff, the Democratic chairman of the House intelligence committee leading the Trump-Ukraine impeachment inquiry, properly blasted the invasion.

 The Republicans who led the protest do not sit on the committees involved in the impeachment inquiry – Intelligence, Oversight and Reform, and Foreign Affairs – and are not permitted to attend. Members of those committees already include Republican members of Congress, as well as Democrats, and both parties attend and ask questions at the hearings, whether public or, as in this case, closed to the public and the press.

The GOP criminals who invaded the SCIF Wednesday  sought to attack the inquiry on procedural grounds, objecting to the private nature of the hearings and demanding access to the full breadth of the testimony that has rattled Washington in recent weeks.  But they are not processing that the hearings are like a grand jury proceeding and hence not open to the public.   As noted in the most recent NY Times editorial:  

"The House’s impeachment inquiry is not a trial. It is more akin to a grand jury proceeding, where information is gathered and considered for the purposes of handing up an indictment. Any trial would be held in the Senate, with Mr. Trump represented by lawyers able to make all the substantive and process challenges he likes."

So the Reeptards will have to wait to have their say and that will be either when the public open hearings begin, or with the Senate trial.  And in any case, much of the testimony  has been made public,  and news reports confirm key elements of a whistleblower complaint that set in motion the impeachment inquiry.  But maybe - like Trump- the House Reeptards hate reading.  Who knows? 

Showing they are fecal swine as well as scofflaws, the invading  Reeps  remained in the hearing room into the early afternoon and even ordered pizza and fast food.  They then left half-eaten pizzas lying around with the boxes full of residue. A clean up team had to come in further delaying the deposition of Laura Cooper, a top Pentagon official who oversees Ukraine policy. 

Stay tuned, as the noose tightens around Trump's orange neck there will be more desperate episodes to come.  

See also:
 



Thursday, July 25, 2019

The "Mueller Show"- Too Many Questions, Not Enough Answers - And Dems Letting Reeps Get Away With Skullduggery

Robert Mueller's reticence: An eloquent case for impeaching Donald Trump

"Mueller’s refusal to play star witness was aided by a disorganised flurry of questions from Democratic lawmakers. Had the party wanted to squeeze more juice from the Mueller lemon, lawmakers would have ceded their time to a single interrogator. Each preferred to retain their five-minute moment on television. The result were squandered hearings that enhanced the impression of Democratic disarray."   - Edward Luce, The Financial Times


Well, the Bob Mueller Show is over. The question now on pundits' minds - as well as everyone else's is: Was it worth it? We knew from the get go the jut-jawed former FBI head was a reluctant witness.  Meaning he had been sending a very clear message: He didn’t want to testify. In other words: Leave me the hell alone.

That was the  the not-so-subtle subtext underpinning  the agreement to submit to House Democrats  (Intelligence and Judiciary Committees) subpoenas, and hence yesterday's "show" which we watched from one end to the other.    What did we come away with?  First,  Mueller was not on his game, particularly in the first (Judiciary committee) session.  He indeed displayed every one of his 75 years of age and at times it was almost painful to watch, especially as the nonstop questions (WAY too many) kept bombarding him - forcing him to often pause to try to get his textual reference (from his own report) orientation.    This isn't just me, or Janice - who fully agreed with that sentiment.  David Axelrod, a former top Obama White House strategist while Bob Mueller was still serving as F.B.I. director, wrote on Twitter.:

"This is delicate to say, but Mueller, whom I deeply respect, has not publicly testified before Congress in at least six years. And he does not appear as sharp as he was then"

Well, that was putting it tamely, to say the least.  Fortunately,  Mueller delivered a far more coherent performance in the afternoon, when the questioning focused on Russia’s interference in the 2016 election instead of whether the president had obstructed justice.  Even so, he was not as focused or verbally precise as he was in his dozens of previous appearances as FBI director.  As I indicated, at times his hesitancy was almost too painful to watch - in the first session. Further,  the tone deaf barrage of questions didn't help, almost turning the a.m. session into a farce.  (With the exception of Jerrold Nadler's 3 well -focused questions getting Mueller to affirm his investigation was no hoax, and no "witch hunt".  Also that Trump broke the law.)

By the time mark of 25 minutes into the hearings, it ought to have been obvious to anyone with a brain that Mueller was not the Mueller of old - but way too old (now) - to deal with the  question onslaught for 6- 7 hours. And even if the Reeps wouldn't pull back, the Dems should have, especially as way too many questions were "Look at me!"  efforts we could have done without. There were also too many questions in literal barrages, off the topic and of the "gotcha" semantics  type, hatched and hurled by the assorted Reeptards.  Like the imp by the name of Doug Collins from GA, and another imp (John Lee Rat-cliffe) from Texas, not to mention the  (Ranking) traitor, errrr Intel committee member,  Devin Nunes who continued to beat the drums for the Steele dossier as the trigger for Mueller's probe in the followup Intelligence Committee session.

Permutations of this  horse shit, via at least 10 attempted questions,  were proffered by Nunes and his clique of clowns time after time during the p.m. Intel hearings.  These sought to portray the ostensible Hillary- FBI- Steele Dossier- Fusion GPS conspiracy as the basis for attacking Trump's legitimacy as president.  All, I might add, skillfully  swatted down by Mueller.  (Who almost seemed to evince a wry smile when Nunes belched about a "conspiracy" - via Mueller & Co.- at the end of the House Intel session..)

In retrospect, it was fortuitous that the DOJ testimony guidelines -  outlined in AG Barr's letter prior to the hearings -  were beneficial in allowing Mueller to bat away numerous nutso questions from the Reeptard Peanut gallery.  Time after time when Nunes or one of his puppets asked about the Steele dossier or Fusion GPS, Mueller simply gave a terse  swipe away,e.g. "I can't get into that.",   "That is outside of my bailiwick"  Or: "That's outside my purview".    So Mueller, even though not having his best day, wasn't having any of this recycled codswallop.

However, what I saw yesterday as the real threat to a long term hearings benefit (for the Ds)  was the Repukes' unified and repeated efforts to malign and undermine Mueller's integrity and character.  They did this by using obscure citations from his Report on certain language used, and related semantics issues pushed via loaded questions .  Likely further emboldened to continue by the total absence of any Dem ripostes or even mild contradiction.  For example, Georgia conservative Collins in his Judiciary turn fired off 8-10 questions, grilling  Mueller on the "colloquial differences" between collusion and conspiracy, trying to trap him into admitting a contradiction, i.e. from the words used in his report.    The objective was to paint Mueller as a liar or misrepresenting his words in his report.   Given Mueller in the a.m. was not his best-  hesitant, halting and slow - it was almost like watching a rabid Rottweiler ripping into an elderly Great Dane.

I literally screamed that the next Dem ought to squelch that meme one time by either allowing Mueller to respond to the obfuscations and innuendo of Collins, or better, making a cogent argument to dispel the wretched efforts at tarring the former special  prosecutor.  But what did we get instead?  The female rep simply launched robotically into her own questions, oblivious to Mueller's struggles,   leaving Collins' scurrilous suggestions hanging in the air like ripe turds at a garden party.

This was repeated when the TX slimeball  John Lee Ratcliffe tore into Mueller for not following special counsel rules and "writing about decisions that weren't reached."  Again, invoking cheap semantics ploys to confuse and obfuscate, as when Ratcliffe bloviated:

"In the special counsel's job nowhere does it say you were to conclusively determine Donald Trump's innocence or that the special counsel report should determine whether or not to exonerate him.  It's not in any of the documents. It's not in your appointment order. It's not in the special counsel regulations. It's not in the OLC opinions. It's not in the Justice Manual and it's not in the Principles of Federal Prosecution."

Going on to witlessly blab:

"So Americans need to know this as they listen to the Democrats and socialists or the others in the aisle  as they do dramatic readings from Volume II of this report that was not authorized under the law to be written.  It was written to a legal standard that does not exist at the Justice Department. and it was written in violation of every DOJ  principle about extra prosecutorial commentary."


The claim by Ratcliffe of Volume II (obstruction )  "not being authorized" is especially choice given Mueller had an unlimited remit to investigate anything connected to the main case. That included any EFFORTS at obstruction such as Trump ordering his attorney Don McGahn to fire Mueller.  The fact he didn't succeed doesn't mean the crime didn't occur ("in the end nothing was obstructed" according to the WSJ editorial yesterday).  Thus, the Trump Reep protectors (and WSJ) either ignore or forget the attempt is also a crime, just like attempted murder is a crime - even if it doesn't succeed.   Just like an attempted theft by a shoplifter is a crime, despite being caught in the act.  (Dem Judiciary member:  "Simply trying to obstruct justice can be a crime, right?"   Mueller: True.)

 In Ratcliff'e pursuit of the semantics of the exoneration theme, he conflates multiple aspects in connection with Mueller's statement that he could not exonerate Trump.  Recall Mueller  (in Vol. 2) identified 10 incidents in which Trump attempted to obstruct justice, for example by firing the director of the FBI, though he stopped short of charging the Dotard with a crime.   In his words:  "If we had had confidence that the president clearly did not commit a crime, we would have said that," Mueller said in May during his first public comments about his investigation. "We did not determine whether the president did commit a crime." " 

What Ratcliffe  (and another Reep imp on the intel committee) did was to conflate a positive authority ( i.e. to exonerate) with a negatively -framed  statement embodying an acknowledged limited authority (i.e. "could not exonerate")  Then he desperately tried to twist the latter as unwarranted and disallowed because no special "DOJ document" existed to support it.  Well, of course not, asshole! Because Mueller referenced a negatively framed outcome, not a positive power he innately possessed! Hence, Mueller's act of non-exoneration emerges not as an "extra prosecutorial comment" but a humble recognition on Mueller's part.   As for the claim of a "legal standard that doesn't exist", well no, because it's plain common sense!   Finding insufficient evidence to indict for a crime, is NOT the same as averring no crime. By extension, asserting (as a special prosecutor) he would have exonerated Trump IF the confidence was there to does not constitute misuse of prosecutorial power.  There is no special undocumented "power" being invoked, but rather a qualified take on the extent of that power. A huge difference!

 Thus Ratcliffe was off base in his demand that Mueller provide a DOJ "report" to substantiate that he could not exonerate Trump, as well as claiming the Mueller Report Vol. II was "not authorized".  Obama's former acting solicitor general Neal Katyal  also bounced Ratcliffe's specious malarkey in a subsequent tweet e.g.
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But again, we desperately waited for a Judiciary Committee Dem counter blast in Mueller's defense, but none came.  As Janice put it, "The silence was deafening". The next Dem like the earlier one (following Collins disreputable framing)  simply went on with her own questions like a wind-up automaton, oblivious to Ratcliffe's insinuations.  It ought to have been done and IF Dems had done their background checks on this House Repuke they might have learned CNN reported  that Ratcliffe's argument was previously made by Emmet Flood, the former White House lawyer who oversaw the Trump administration's response to the special counsel's probe, to Attorney General William Barr following the release of Mueller's report


At other times, assorted pukes assaulted Mueller's character and reputation, by bombarding him with specious, technical questions that further  weaponized semantics - and which no Dem had any remote idea how to rebut in their own turns.  Or, it may have been they were so committed to their notes and asking their own questions they opted to ignore the GOP subversion. Bad idea! So they allowed the Reeps to get away with withering  and coordinated skullduggery (def. dishonorable proceedings, using trickery, deceitful behavior)

As Janice put it, after another round of GOOPr slanted questions and no direct rebuttal from the House Dems:  "What's the matter, can't they think on their feet? Don't they realize they have to deal not only with Mueller but the Reeps efforts to slander him?"   Well no, hon, evidently
 having spent hours in preparations - even in mock hearings  - according to the pundits, they were not about to allow their own questions to take a back seat to repelling the tactical (and well thought out) Republican attacks. So by the end of the session I had: House GOP 7, Dems 2.

It would have made more tactical sense, instead of  the Dems peppering Mueller with hundreds of rapid fire (often redundant) questions, nearly half of which he had to ask to repeat, i.e  for citations , to instead limit them to one or two and then focus on rebutting the gnarly Reeptard attacks on Mueller's character.   Indeed, former prosecutor Neal Katyal gave the template (getting 3 simple answers)  days before, e.g.

Opinion | With Three Simple Answers, Mueller Can Speak Volumes ...



https://www.nytimes.com/2019/07/22/opinion/robert-mueller-testimony-trump.html


It also didn't redound to the Dems benefit to ask so many questions given Mueller was not on his game in the a.m. I also believe it led to dozens of his terse one word responses ("correct", "true", etc.), which as one pundit noted, detracted from a desirable coherence.  I warrant most Americans watching - by the 4th or 5th House Judiciary member's 5 minute turn (with another 5-7 questions in rapid succession) would have simply turned off the tube.  Indeed, if one hadn't actually read the Mueller report the thrust of questioning would have appeared haphazard, and mostly desperate.  Again, I present the link to the full Mueller report which readers can access here:

www.justice.gov/storage/report.pdf

At the end of the day, what did we learn? Well, that the Dems need to cease relying on Mueller (or the courts) to carry the ball forward for them on impeachment.  The trope now circulating in the mainstream media is that the Mueller testimony didn't do much at all. As one talking head (Jonathan Karl) opined this a.m. on ABC, "not only did it not advance the ball for impeachment, it may have set it back."

Which merely tells me the Dems need to do their duty to protect the nation, and not depend on outside forces or agents to make the case for them.  Or provide cover- say to drive a "groundswell" of supporting public opinion- to justify opening an impeachment inquiry. As former  Dem Senator and Watergate investigator Elizabeth Holtzman noted on 'All In' last night, the Framers never intended political considerations to govern whether to impeach a "rogue" president. Oh no. In her words:

"People say well we shouldn't do an impeachment now because we can solve it in the next election.  That was exactly the issue that arose on the floor of the (Constitutional) Convention in Philadelphia. When impeachment was mentioned delegates said 'Oh no, we'll solve the problem in the next election'.  But opponents said, look, we can't have a president who's going to destroy our democracy. 

And that argument, that the election will be the solution, lost. The framers said oh no, we can't trust our democracy to someone who is going to destroy it - for any period.  The point is that politics is not just the way to look at this, We have to go at it in terms that congress has the responsibility to save the country.  "

Adding:

"What happens if he's re-elected?  And there is no impeachment?  What is he doing in his next term? If we don't deal with that now, who else will? If   impeachment is not used now, what is the check? We will be well on our way to  dictatorship or some kind of tyranny."


Thus exposing that Pelosi's hope to oust Dotard finally in the 2020 election may come a cropper, and indeed many pundits already see him using the Electoral College to sneak in another win - despite losing the popular vote.  (The National Popular Vote movement might stop that but right now it's halted at 196, and needs 74 more votes from at least a dozen smaller states to go over the top - and is not likely to happen). 

Indeed.  And Mueller made it clear, though he didn't use the I-word specifically, that impeachment is the legal and constitutional remedy for a rogue president who believes he's above the law.   Pelosi might do well to read Mike Littwin's comments in his recent (July 25-26) column in the  COS Independent, e.g.:

"Trump tells the House that he is basically above investigation, and the House doesn’t fight back. It doesn’t rally the troops. It slow-walks any objection through the courts. Despite rumblings, the members have basically followed Pelosi’s lead, even when she openly feuded with the Squad. Trump ended the feud, at least for now. But what Pelosi knows is that an impeachment inquiry would inevitably lead to impeachment. It’s all there. Read the report. I have because, well, it’s my job, and I promise you it’s all in there.

Adam Serwer writes in  The Atlantic 
 how we react to this moment —

  “The Democratic Party cannot fulfill its constitutional responsibilities because its leadership lives in abject terror of being ejected from office by alienating the voters to whom Trump’s nationalism appeals. In effect, the majority of the American electorate, which voted against Trump in 2016 and then gave the Democrats a House majority in 2018, has no representation.”

The bottom line is the ball is in Pelosi's court to deal with this rogue  resident we have flouting every norm and law, while he's  seeking active help from foreign nations to get re-elected.   She said yesterday after Mueller's testimony she wants to "have the strongest hand" before moving forward, but she already has that "hand" in his total stonewalling which amounts to blatant obstruction and violation of checks and balances.  While Nancy waits for the courts to render critical decisions, Trump is eviscerating her and turning the House into eunuchs.  If the Dems are blown out next year in the general  election- or even just lose the electoral college once more but win the popular vote -   she will have to share much of the blame.

Holtzman's fear - and my own- is if congress doesn't move on this soon, and cease waiting for the courts, Trump may well get a second term and there will be no more checks and balances.

Littwin again:

"If you missed the recent Nate Cohn story on the front page of The New York Times, he wrote that Trump could lose the popular vote in 2020 by 5 percent and still somehow win the Electoral College, thereby rewarding Trump’s efforts to keep America divided." 

Are you listening, Nancy, or do you still have your head buried in the sand?

See also:



And:

And:



Little Robbie Mueller’s book report


Excerpt:

"As most viewers can figure out, a disturbing pattern emerged long before the 10:52 mark of the House Judiciary Committee’s hearing, which opened at 8:30 a.m. All Democrats on the committee would read excerpts of the report and ask Mueller, the former special counsel, to confirm those excerpts.


Mueller repeatedly affirmed those excerpts with such phrases as “yes,” “correct” and “that’s true.” He conceded that Trump was never “exonerated,” which the report made clear in its description of 10 incidents that constituted obstruction of justice....

One does not need to read the Mueller report – I gave up on it after a few pages – to conclude that this president must go. He is a serial criminal, cruel to vulnerable people whether citizens or migrants, a race baiter and reckless with foreign issues. There is much more, but that is enough. In terms of criminal offenses, there is sufficient evidence to warrant impeachment."





Thursday, May 9, 2019

"Case Closed?" How About Contempt And A Constitutional Crisis? This Battle Is Just Getting Started


What the scene ought to be after Dotard leaves office- given over 800 former prosecutors have now stated he ought to have been indicted on the basis of Mueller's findings.

"People don't read a 448 page report, not all of that. But they will watch the movie. And the movie will make a powerful difference, especially after Trump has made such a big deal out of keeping it all secret.  He said falsely the report exonerated him. Of course, if it did, he would want all of it out and want Mueller to testify.

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.  That was with ten instances of felonious obstruction of justice. that over seven hundred former prosecutors - Republicans and Democrats alike- say established obstruction.

I trust the American people will understand that which is why I stand with Elizabeth Warren when when she says the time has come for people to stand up for principle. I don't favor voting articles of impeachment tomorrow, we have to have the hearings. But they are clearly impeachment hearings.  Which, among other things, will increase the power of the House of Representatives to get all the evidence that it needs."  Harvard Law Professor Lawrence Tribe, Tuesday night on MSNBC.

"It may seem like there are a hundred different battles going on. In fact, there is just one: Trump versus the Mueller investigation."  Rachel Maddow, Wednesday night

That House Judiciary Chairman Jerrold Nadler yesterday announced the Committee had voted to charge Attorney William Barr with contempt should come as no surprise to any alert and aware citizen.  That he also announced we are in a "constitutional crisis" was inevitable given the totality of actions over the past month by perhaps the most lawless administration in U.S.  history.  Indeed, the previous evening the die had been cast when Trump toady Barr fired off a letter in which he wrote in part:

"In the face of the committee's threatened contempt vote the attorney general will be compelled to request that the president invoke executive privilege with respect to the materials subject to the subpoena. I hereby request the committee hold the subpoena in abeyance and delay any vote on whether to recommend a citation of contempt.for non-compliance with the subpoena pending the president's determination of this question."


Basically asserting if there can be no delay in the  vote for contempt citation  he would recommend Trump invoke "executive privilege" on everything that the Judiciary committee is subpoenaing.

This elicited a comment Tuesday night by 'Last Word' guest  and political analyst Jason Johnson:

"This is it. The Democrats basically have to decide if they are actually the party of resistance and oversight or if they're simply going to comply with the dictatorial tendencies of this administration."   Adding:

"If the report, the full report, cannot actually be seen by the committee then what was the point of the report to begin with? And the idea that Barr, who has basically worked as a personal attorney for the president, is threatening 'I will take my ball, your ball and five other people's balls home with me if you don't play by my rules' is the clearest sign the Democrats have to stop pussy footing around and start with impeachment proceedings."


Former Republican strategist Rick Wilson's reaction to Barr's threat was even more colorful:

"Barr threw a gauntlet down and the middle finger of that gauntlet is extended.  This is a Watergate level of contempt for congress. This guy makes John Mitchell look like Mother Theresa. He's basically saying to them, I will go the full nuclear option if you do that.  I will blow it all up if you do this.... If I was the committee I would just hold the vote and find him in contempt. This guy has nothing but contempt and should be held in contempt."

And this is exactly why the House Dems need to bring the hammer down, to avoid what Prof. Lawrence Tribe also warned about: allowing caution to become cowardice.  Tribe's warning was timely given that thus far the House Dems appear to be overly tepid and holding back using the full force of what they can do including: demanding emergency court decisions, and dispatching the sergeant - at -arms with an accompanying team of Capitol police backups to arrest the scofflaw SOB Barr.  Also enjoin the sergeant-at-arm Paul Irving to arrest McGahn,  Mnuchin, Don. Jr. and any others who've blow off subpoenas.  I understand there is a special Capitol jail which was last used during the Bush Jr. administration to put a Dem who failed to respond to a House GOP subpoena. So it's not like this is totally new territory as the media would have you believe.

Enough of this BS already!  No more talking Dems, time to fish or cut bait!

The WSJ editorial enablers and protectors of the traitor Trump meanwhile seem to like the idea of the latter as if it will trigger a kind of Mexican standoff favoring Barr. I.e. writing yesterday (''The Pseudo-Impeachment',  p. A14):

"Perhaps Mr. Nadler will send the sergeant -at-arms  to arrest Mr. Barr, which would make for an interesting showdown with the federal marshals who protect the AG."

Except, you deluded lunkheads, the sergeant -at -arms enforces the LEGISLATIVE branch and its subpoenas,  and so has priority over any other law enforcement, including federal marshals. In any case, if that's what it takes to finally bring this smoldering constitutional crisis to a head, I say 'bring it on'.

The WSJ, Rupert Murdoch- backed stooges are also out of it when they write this fulsome codswallop(ibid.):

"The real offense against the Constitution here is by the Democrats. Oversight of the executive branch is an important Congressional power.  But the Supreme Court has said it should be related to congress' legislative function or constitutional duty.  It can't merely be a trawling exercise to see what nasty details they can find to score political points and discredit a president before the 2020 election."

Failing to note that Trump has discredited himself. It is indeed all in the existing version of the 448 page Mueller report which readers can access here:

www.justice.gov/storage/report.pdf


You will see Trump's own lawless actions revealed and which amount to a discrediting and full incrimination of himself.  These were summed up well by Lawrence Tribe (see top quote) and in Mueller's 10 cited episodes of obstruction. These  now have seen - at latest tally-  over 800 former prosecutors (Dem and Reep) sign a letter attesting to the fact they meet an indictment standard. In other words, if this sorry turd wasn't president he'd be in an orange jumpsuit already!  Don't take my word, read the relevant section in the report, and while you're at it, the part relating to the attack on our democracy as well. Don't take Barr's words or Trump's either!  Don't be deluded for one second into believing this is "all settled, all over".   No it is not.

Those with the time and temperament - as well as patience - to read the report (from the link given) will also find that it establishes beyond a doubt that a hostile foreign power engaged in a systematic effort to subvert our democracy and Trump egged them on ("If you're listening, Russia....")   Mueller's explosive report shows clearly - when you READ it (and not Barr's crib note) that Trump's only concern was for his own fat, orange skin not for American democracy.

Also, we learned why former White House Counsel Don McGahn must be a key witness in hearings which hopefully will begin soon. That is, Mueller reveals that Trump directed McGhan to fire Mueller based on the accusation of "conflict of interest" that Trump knew to be groundless.. Worse, Trump instructed McGahn to lie about it.  As one former associate DOJ prosecutor put it last night on 'All In' "That nails it. Obstruction!"

All this, especially with Barr's contempt and the effort to neuter congress, means impeachment proceedings must start sooner than later. The Dems have no choice, especially if the Trumptards continue to refuse to respond to subpoenas. Thus, the only way to obtain the evidence needed is to take the crisis to the next level - of impeachment. The House Dems then become the lawful prosecutors and must be given the evidence, including the unredacted full report and all ancillary evidence.  Could there be political, blowback? Yes, as Lawrence Tribe noted, but at the same time "no one has a crystal ball" to foretell exactly how things will unfold, adding:

"As you note I take a cautioned view of impeachment in my book but there is a point where caution becomes cowardice and cowardice becomes betrayal of the Constitution."

This is an important warning to sound as Trump more and more leaves congressional investigators little choice. It's either impeach the imp or send the signal an impious criminal  WH resident who flouts every subpoena is A-ok,  and send the country to perdition.

 Also as Prof. Tribe noted may well be that failure to act in a courageous manner will cost the Democrats votes - millions of them.

So the WSJ editors can sputter about "pseudo-impeachment" all they want, but the Reeps and the mutt they're protecting are leaving the Democrats with no other choices. By their obstinate and obstructive tactics to try to nullify the Article 1 powers of congress, they have made their traitor boy the target of impeachment.

Will he try to use it to play to his forlorn loser base? Of course! But that can't be used as an excuse to refrain from holding this criminal and his whole embedded enterprise to account. It's either that, or  set a dangerous precedent for any future executive who fancies himself a dictator. 

Now it is true that in a culture in which most people have the attention span of gnats too many voters appear "unmoved by Mueller's conclusions" - according to one TIME magazine take (May 13, p. 33).  However, I would say this is only insofar as they've been exposed to Barr's truncated, skewed, 4 page version of the report. If they could instead bestir their brains (and attention) to read the WHOLE report - as I've provided the link to it above - they would find it not only damning - but agree with the 800 former prosecutors who maintain if it were anyone else he'd be wearing an orange jump suit.

By the same token, the claim of one Trump imbecile (2020 campaign secretary Kayleigh McEnany, ibid.) that "the report creates a massive credibility for the left"  is easily skewered. Again, once one reads the actual report, or just the key sections that give away Trump's actions as manifestly criminal.   Why didn't Mueller then "pin the tail on the Dotard?"  My take and that of many other observers is that he was a victim of overthinking his role, in particular the 'need' to err on the side of caution:  bending over too far backwards so as not to appear unfair. But also to hold to the DOJ Office of Legal Counsel trope that "no president can be indicted". Faced with the OLC opinion, which is what it was, and Trump's refusal to show up to answer questions in person, he reasoned he had no choice other than to punt.  Despite all that, as the 800 plus former prosecutors attest - his report was an indictment in all but name.   Read it and you will agree as well!

Especially when you note that when Mueller said clearly in Vol.II he found evidence to support every element of the offense of obstruction of justice committed by the president and\he found it over and over. As one MSNBC legal specialist put it this morning:   "That is case open not case closed."

Rick Wilson is correct that there is no way a 2/3 majority in the Senate will vote to evict Trump - not with Repukes in control. And yes, it is possible Trump could jump on any positive result as an excuse to brag "Look now I'm really exonerated" and get $250 mil for his campaign.  But Sen. Elizabeth Warren made a larger point for impeachment Tuesday night in her Chris Hayes interview.  This was hours after Bitch McConnell whined earlier that the Dems "were trying to undo the 2016 election" and it's "case closed". You wish, Bitch. But you damned well know that the if tables were turned and your bunch was running the House during a Hillary admin probe there is no way in hell you'd pack it in and run. So STFU, you Guppy -mouthed asshole!

Anyway, Sen. Warren's point was irrespective of the Senate not voting to indict, ALL Senators will still have to go on record - historical record - with their votes.. Twenty years from now when the final history of this abominable administration and its traitorous instincts is written - they will have to then take ownership (including their spawn) for enabling and protecting a criminal and traitor  - as well as attempting to destroy the American Republic.

Can they live with that? Probably, because as JFK once said, these "circus elephants" only see as far as the tail of the one in front.  They will truly only see the temporary advantage they hold now, but be unable to parse how it plays out in destroying any positive posterity.  But this is part and parcel of what the author of the book 'Irrationality' has written, that they are an integral part of the :structural irrationality that "allowed Trump to end up where he never should have ended up".

But part of the blame for that also goes to those who helped put him there, who voted for this fraud and con man believing he'd somehow make their lives better, when his tariffs have made them much worse.  In other words, there is the irrationality of individual members of society with which we must also contend, and which is likely to persist even if we finally clean house of Trump next year.

Ultimately, this battle will determine whether the U.S. remains a constitutional Republic, i.e. as Ben Franklin put it "You have a Republic IF you can keep it", or a one party state autocracy.  The choice is ours and it begins with reading the Mueller report and ascertaining just how despicable a leader we have in power and why he merits sanction - and certainly no re-election!  Personally, it is possible the one-sided impeachment "dam" could break if just one Reep House rep found the time to read the actual Mueller report then come forth to side with impeachment of the scum in the White House.

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