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I’m Disgusted with the Trump Indictment
The sheer pleasure ordinary Democrats, never mind MSM personnel, got from seeing Donald Trump in court was disgusting. The “Ah, jeez, why not?” reaction when it was announced he would not be paraded as a captured curiosity, a circus freak, through a perp walk. The t-shirts that wouldn’t be made out of his mug shot, all the disappointment leavened with the glee that years of investigations finally yielded Trump in court facing criminal charges, the fruition of #TheResistance. To hear MSNBC, you’d think we were days away from the Orange Man being thrown into a van with no windows for his last ride upstate, the Orange tan and orange jumpsuit, with Orange is the New Black jokes echoing behind him, the last things he hears before being violated in the prison showers while multitudes cheer.
I’d seen all this before, in post-military dictatorship Korea where prosecuting one’s political enemies is a popular blood sport. Former President Roh Moo-hyun faced corruption allegations after leaving office in 2008, but he died by suicide before he could face trial. Former President Park Geun-hye was impeached and removed from office in 2017, and she was subsequently sentenced to 25 years in prison on charges of bribery and abuse of power. Former Presidents Kim Dae-jung and Kim Young-sam were investigated for corruption after leaving office. Overall, whether a former South Korean president goes to jail after their term depends on various factors, occasionally such as the evidence against them, and more significantly, the political climate surrounding them. That’s no rule of law, it is revenge. That’s the new America you’re cheering for?
And yet for all the schadenfreude turned up to 11, we’re left staring blankly at the TV and asking: is this all there is? After eight years of intense judicial and media scrutiny, after two impeachments, the January 6 coven of elders committee, Russiagate and even after the state of New York and the House finally did get his tax documents, this is it? The Teflon Don is going down over… falsification of business records? Never mind the 34 counts, that’s just stacking, an old DA trick to turn one “crime” into many and make things look more dramatic. It just seem impossible that after all this there is no debt to Putin, no tax scam, no KGB handler, just a bookkeeping error. And spare us the “Al Capone went to jail over tax returns.” Capone was a known mobster, a murderer, a man who left a long string of broken bodies alongside his wholly criminal business (and he only served eight years.) Trump may have committed a bookkeeping error. He’ll pay a fine at worst.
When you blow away the smoke, Trump is charged with only one minor crime. That stems from the allegation that money Trump paid to his lawyer Michael Cohen (continuing the call him a “fixer” just prolongs the awful Godfather references and is sooooo 2021) to in turn legally buy silence from Stormy Daniels, and for Karen McDougal’s and other stories. Trump supposedly purposely mislabeled this legally spent money as “legal fees.” The indictment instead claims it a violation of business records law because the primary purpose was to influence an election. The supposition by the DA that that was true allowed him to upgrade a misdemeanor, false business records, into multiple felony accusations. Backing all this up is the word of disbarred felon Michael Cohen, and former National Inquirer honcho David Pecker (you just can’t make this stuff up, folks) both of whom are going to swear it is all true. That Pecker supposedly was granted immunity to testify and Cohen himself has multiple law suits and a huge chip on his shoulder pending against Trump has nothing to do with nuthin’.
The problem is DA Alvin Bragg (who actually ran for his office on the promise of prosecuting Trump for… something… and is now paying off his promise to his backers) has to win the case, and that is going to be as legally tough as the case itself is legally soft.
In short, the DA has to prove a crime not even charged (the unspecified campaign finance laws, or maybe something to do with taxes, the so-called “core crime”), show a misdemeanor for everyone else is actually a felony if you’re Trump, demonstrate Trump’s criminal state of mind when this all happened (intent to defraud… who? The Trump Organization?) and do all that based primarily on the testimony of Michael Cohen and a pseudo-journalist named Pecker. Otherwise, Trump is acquitted. And while the news is chock full of articles on the threat to our democracy if Trump is found guilty, no one has been saying much about how he will be empowered if he wins. It is said if you go after the king, you should not miss.There is nothing in this case which will stop Trump from running for president, even if somehow found guilty or even serving time. His affair with Stormy, which may be offensive to some voters, has sadly been part of the public conversation around Trump for years. If the standards being applied in New York hold, then while this is the first indictment of a former president it will not be the last. Every local prosecutor in the country will now feel that he has a green light to criminally investigate and prosecute presidents after they leave office (remember Jim Garrison and the JFK assassination.) Perhaps over the Hunter Biden case?Could things get to the point where the “rule of law” misinterpreted as a “rule of revenge” means a Republican candidate will need to stay out of blue states to avoid prosecution and vice-versa for Dems? Trump went to New York and surrendered himself voluntarily; imagine if he had stayed in Florida and fought any extradition attempt to force him to Manhattan. Democrats salivating over the charges against Trump will feel differently when a prominent Dem ends up on the receiving end of a similar effort by any of the thousands of prosecutors elected to local office, eager to make their bones by taking down a president of the other party. Now imagine an ageing Joe Biden a virtual prisoner of a Democratic safehouse in Delaware.It is easy to brush this off as exaggeration, but Trump’s opponents react to his provocations and grandstanding by escalating the erosion of legal norms (see the Mueller investigation, and the impeachments.) Ask Mitt Romney, who said “The prosecutor’s overreach sets a dangerous precedent for criminalizing political opponents and damages the public’s faith in our justice system.” And don’t forget Alvin Bragg’s predecessor had almost a year to bring this case after Trump left office, but did not do so, and the Department of Justice also declined. Historians will call this all the Bragg Rule.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Third World Politics: Details of the Trump Indictment
The rule of law, which seems so precious to holier-than-thou Democrats these days, depends above all on one thing: a belief among the majority of us that while no one is above the law, the law will also be applied fairly to all those it does affect. Whether you loathe Trump or love him, you know this: what is happening now in Manhattan is unfair and inconsistent with a nation that once prided itself on believing in the rule of law. Who is still a believer today?
The previously sealed indictment shows Donald Trump was charged with 34 felony counts for falsification of business records, the only crime actually charged. The falsification of business records is normally prosecuted in New York as a misdemeanor. But Bragg’s office apparently bumped up all the charges to felonies on the grounds that the conduct was intended to conceal another underlying crime, violating election finance law (“with intent to defraud and intent to commit another crime and aid and conceal the commission thereof.”) There is more smoke than fire; no wonder the DA wanted to keep this mess sealed as long as possible and the judge won’t allow cameras in the courtroom. But specifically, how is this unfair?
Overcharging and stacking charges. Two basic prosecutorial transgressions. If anything, Trump should have been charged with a simple misdemeanor, the so-called falsification of business records for his seemingly characterizing money legally paid to Stormy Daniels and others as part of a nondisclosure agreement as “legal expenses” as well as payments to the National Enquirer to “catch and kill” a story about Trump’s alleged affair with Karen McDougal and other stories.
The overall case has no victim of Trump’s “crime,” and is basically a tempest over bookkeeping. Bumping all this up to felony charges based solely on Bragg’s supposition that the error was made with the intent to cheat on campaign finance laws is just overcharging, trying to make this all seem more important than it is.
Stacking, the second basic prosecutorial transgression, refers to a DA’s attempt to break one “crime” into as many pieces as he can (34 counts, one for each check cut to lawyer Michael Cohen allegedly for Stormy, et al) to also exaggerate the importance of it all and justify the felony upgrade.
Ignoring precedent cases to “get him.” Alvin Bragg ran for office on prosecuting Trump. He is fulfilling a campaign promise and paying off his backers. Bragg, in the words of law professor Jonathan Turley, had a “very public, almost Hamlet-like process where he debated whether he could do this bootstrapping theory [bumping misdemeanors up to felonies.] He stopped it for a while and was pressured to go forward with it. All of that smacks more of politics than prosecutorial discretion.” Indeed, if Bragg were to have looked fairly at precedent he would have run right into the John Edwards case. Edwards, a former United States Senator and 2004 Democratic vice presidential nominee, was indicted in 2011 on charges of violating campaign finance laws during his 2008 presidential campaign. The charges stemmed from allegations Edwards used nearly $1 million in illegal campaign contributions to conceal an extramarital affair during his campaign.
The government alleged Edwards received money from two wealthy donors and used it to support his mistress and their child in return for their silence. The government claimed this constituted a violation of campaign finance laws, which limit the amount of money that individuals can contribute to a campaign and require that such contributions be disclosed. Edwards maintained the payments were gifts and not campaign contributions, and therefore not subject to campaign finance laws. A jury acquitted Edwards on one count of violating campaign finance laws and deadlocked on the remaining five counts. The government ultimately decided not to retry Edwards.
Creating New Political Precedent. If this is all they found in years of obsession with destroying this man, he must be the cleanest person to ever hold office. As former Supreme Court Justice Robert Jackson observed decades ago about unfairness, “It is not a question of discovering the commission of a crime and then looking for the man who has committed it; it is a question of picking the man and then searching the law books or putting investigators to work to pin some offense on him,” something that is inherently unfair.
The law applied equally. For the nation’s sake any action against Trump must preserve what is left of faith in the rule of law applied without fear or favor, or risk civil disenfranchisement if not outright civil unrest. To do this, someone will have to address the case of Hillary Clinton, who maintained an unsecured private email server processing classified material. Clinton destroyed tens of thousands of emails, potential evidence, as well as physical phones and Blackberries. She operated the server out of her New York (!) kitchen. Her purpose in doing all this appeared to have been avoiding Freedom of Information Act requests (a crime with the intent to commit another crime) ahead of her 2016 presidential run. The Hillary campaign and the DNC also did something naughty in paying for the Steele dossier as “legal expenses” and not campaign expenditures, and got off with only an Election Commission fine for their bookkeeping “error.”
In addition, those who claim Trump’s indictment is not unfair will also have to account for the fact that Barack Obama’s presidential campaigns in 2008 and 2012 were not found to have violated campaign finance laws and no charges were even levied. During the 2008 campaign donors were able to make contributions using fictitious names, such as “Mickey Mouse” and “Donald Duck,” and the campaign was criticized for not doing enough to prevent fraudulent donations. Another controversy involved the Obama campaign’s use of untraceable prepaid credit cards, which raised concerns about the possibility of illegal foreign contributions. No charges were ever filed.
Unequal prosecution. This concern extends past presidential politics. On Sunday, Speaker of the House Kevin McCarthy tweeted “DA Alvin Bragg is abusing his office to target President Trump while he’s reduced a majority of felonies [in NYC], including violent crimes, to misdemeanors. He has different rules for political opponents.” The DA’s tactics have led to a surge in crimes committed in Manhattan as prosecutions have fallen. Bragg claims equity demands he selectively prosecute; Bragg reduced 52 percent of all felony charges to misdemeanors, opposite of what he did to Trump.
The Future. If the standards being applied in New York hold, then while this is the first indictment of a former president it will not be the last. Every local prosecutor in the country will now feel that he has a green light to criminally investigate and prosecute presidents after they leave office. Democrats salivating over the charges against Trump will feel differently when a prominent Dem ends up on the receiving end of a similar effort by any of the thousands of prosecutors elected to local office, eager to make their bones by taking down a president of the United States (remember Jim Garrison and the JFK assassination.) Perhaps over the Hunter Biden case? Could things get to the point where the rule of law means a Republican candidate will need to stay out of blue states to avoid prosecution and vice-versa? Trump went to New York and surrendered himself voluntarily; imagine if he had stayed in Florida and fought any extradition attempt to force him to Manhattan. Now imagine an ageing Joe Biden a virtual prisoner of a Democratic safehouse in Delaware. Historians would have to call it the Bragg Rule.
If you’re curious about how that might work, just have a look at post-military dictatorship Korea where prosecuting one’s political enemies is a popular blood sport. Former President Roh Moo-hyun faced corruption allegations after leaving office in 2008, but he died by suicide before he could face trial. Former President Park Geun-hye was impeached and removed from office in 2017, and she was subsequently sentenced to 25 years in prison on charges of bribery and abuse of power. Former Presidents Kim Dae-jung and Kim Young-sam were investigated for corruption after leaving office, but they were not convicted. Overall, whether a former South Korean president goes to jail after their term depends on various factors, such as the evidence against them, and more significantly, the political climate. Is this America’s future? Ask Alvin Bragg.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Nancy Pelosi Sends You Mixed Messages From WWIII
As most of America forgets Nancy Pelosi’s stirring up of tensions in East Asia last week, it is important to double-back to review what messages where actually sent by each entity involved in the spat.
Japan, who welcomed Pelosi as a conqueror following her visit to Taipei, found about half of the Chinese missiles fired over and around Taiwan as “punishment” actually landed in Japanese-claimed waters around small islands in the Pacific Ocean east of Taiwan. Japan, which sent a message of undiluted support for Pelosi’s Taiwan Adventure, found itself the recipient of a message of its own. Left undiscussed were that those islands themselves are a point of ownership contention among Taiwan, Japan, and the Philippines. But the main message is clear enough: Japan no longer has a foreign policy of its own, and is de facto an American military protectorate alongside Guam and Saipan, a model for the Philippines of the future past.
Taiwan reassured itself it is a beloved American vassal state with a visit from mom, much like a child of divorced parents who blames himself for the breakup. Minor politician and likely lame duck Nancy Pelosi went for the low hanging fruit by seeking to anger China greatly at little cost. With a constituency about one-third Chinese American back home, Pelosi has made a career out of appearing on the scene to criticize China, after Tiananmen, at various Olympiads, over Hong Kong, and hey, why do we need a specific reason 2022 edition. Knowing the way the Chinese often over-value symbolic acts, she committed one at the expense of Joe Biden and the United States, forcing Biden to get off his couch and dispatch an aircraft carrier to demonstrate he still held the majority of testosterones in the relationship. Taiwan, of course, ate up all the attention and President Tsai the chance to play at center stage for a day or two. Imagine daddy competing with mommy to give the best unnecessary present in that post-divorce race for affection — a personal visit versus your own carrier strike group for a few days. Who loves you more?
South Korea alone sent a message of strength among the nations involved in Nancy Pelosi’s magical mystery tour. Little covered in the U.S. media, South Korean President Yoon Suk Yeol skipped an in-person meeting with Pelosi in lieu of a phone call due to his being on “summer vacation” in his nation’s capital, Seoul, minutes from Pelosi’s hotel. Never mind Pelosi was the first sitting speaker to visit South Korea since Dennis Hastert stopped by Seoul in 2002. All she got was a meet with her counterpart, Kim Jin Pyo, the speaker of the National Assembly, and an agreement to support both governments’ efforts to achieve denuclearization and blah blah blah blah on the peninsula. Pelosi got the message and did not mention Taiwan once in her remarks.
Korea’s actions also drive home a big unspoken story, that all of East Asia and beyond has to figure out a dual foreign policy, one toward the U.S.-China-Taiwan scruffle, and one toward China proper, the most populous nation on earth, with a massive military, and a contender for most economically powerful country of the next decade. South Korea alone seems to understand this, snubbing Pelosi as a way of reminding the United States long after its showboating politicians go home and forget, it still has to make its way alone in a scary neighborhood. Seoul, well aware North Korea’s only substantive diplomatic relationship is with Beijing, held to the clearest and most on-point messaging of last week. It was thus no surprise that only days after Pelosi returned home top South Korean and Chinese diplomats, Foreign Ministers Park Jin and Wang Yi, pledged to develop closer relations and maintain stable industrial supply chains at a time of deepening rivalry between Beijing and Washington.
Though nowhere near as forceful in their presentation as South Korea, both Singapore and Malaysia asked Pelosi not to go to Taiwan, saying that it would force them to choose between the U.S. and China.
Despite some skillful diplomacy, China still sent a mixed message of weakness in its over-reaction and strength in its ability to throw together a coordinated response that managed to suggest it could blockade Taiwan, attack U.S. assets at sea with missiles from the Mainland, and tweak Japan, all at the same time. Extra points for its domestic propaganda campaign that, with exciting video, looked like a joint Tom Cruise-Tom Clancy production. The situation is a far cry from the 1995-1996 crisis in the Taiwan Strait, when a visit by Lee Teng Hui, who would become Taiwan’s first democratically-elected president, to his alma mater Cornell University, sparked real tensions between the US and China.
The Pelosi affair was also a chance for China to practice large scale drills which under normal circumstances would likely be seen as too provacative, a nice bonus. It may even result in a new normal, more aggressive military actions in the gray zones as hardliners in Beijing are able to point to what they got away with as signs they might have gotten away with even more militarily. As one laughing nationalist in Beijing put it when he was interviewed last week, “Thanks Comrade Pelosi”!
The U.S. message came off as uncoordinated and too confused to be called weak. Joe Biden made some remarks from his Covid sick bed, and Antony Blinken did the same rumbling around Asia himself. For all his gaffes in the past (three times making the same mistake is nearly a new policy in some minds) claiming the U.S. had some sort of obligation to defend Taiwan, Biden and his spokespeople stuck right to the script, John Kirby of the National Security Council even making headlines for his non-news reassurance to Beijing the U.S. does not support Taiwan independence. Biden for his part sent the message to China loud and clear that U.S. domestic politics mattered to him (and Nancy) a lot more than whatever China thought. Shock and awe this was not.
The American media’s message was it cannot understand world events past a second grade level, and has the attention span of a two-year-old. All the complexities of East Asia get compressed into a Super Bowl scenario, Big Blue versus Big Red, Eagle versus Dragon, in a caged death match in the Taiwan Strait. China’s carefully moderated military sparring is exaggerated into headlines worrying about a new world war, and her thrusts around Taiwan morph into “attacks surrounding the island nation” and a drill which can become a blockade at any moment. Left out of the discussion is how many military lives were put at risk due to accidents and mistakes by Pelosi’s stunting.
Also left out is what a lousy blockade surrounding the island makes for; Taiwan has no ports on its cliff face east coast and sees the majority of its commerce come from China itself. Beijing might best mine Hong Kong harbor if it wanted to hurt Taiwan economically. Meanwhile, the massive cottage industry in American think tanks and academia which regularly rises to predict imminent war over Taiwan settled back down, waiting no doubt for the rough and ready speech about reunification coming this November with the 20th Party Conference in Beijing. Will they go to war!?!?! Does Xi have a timetable in mind????
As for that short attention span, Pelosi hadn’t unpacked and done a wash at home when the media pivoted away, leaving the last of Chinese military tantrum last week to finish in a kind of void. Until next time…
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Our Man in Seoul: Ever So Inconvenienced by North Korea
Add another to the State Department’s social media fail pile: America’s ambassador in Seoul blogs about how his vacation was disrupted by those naughty nats in North Korea.U.S. ambassador to Korea Sung Kim has wowed us via social media before, with his just-behind-the-meme video of his embassy interns dancing Gangnam Style. His latest stumble into social media details on his official Embassy blog his spring break trip with his daughters, all of which was just bothered by the constant threat of World War III.
To start, that North Korean stuff cut into Kim’s vacay time:
My daughters recently had off from school for spring break, and I planned to take a week off for a nice family vacation. But as is often the case here on the Peninsula, my break was interrupted by important developments and urgent issues, so my week off turned into just one day.
Then things turned rough.
However, starting early that Saturday morning, as new threats started coming from North Korea, I got busy with work. I had many calls and emails with Washington policymakers, senior South Korean officials, and U.S. Forces Korea. My BlackBerry was very busy.
Several of these calls happened when we were at Busan Aquarium. Since it was a beautiful weekend morning, the aquarium was packed with happy (and loud) visitors, and it was very difficult to find a quiet place to talk. At one point, I had to send my daughters to the aquarium gift shop and then find a somewhat secluded stairwell to take part in what I hoped would be a 10-minute conference call. Unfortunately, the call lasted 40 minutes.
What I did see of the aquarium was really terrific.
Whew, looks like the ambassador just made it out alive, averting tragedy on the world’s most heavily armed border by sending his kids to the gift shop. Then, it was back to important work keeping peace:
Despite all the phone calls and having to work through my vacation, I had a very nice time. We all wanted to stay longer, but the kids had to go back to school, and I was excited to participate in a very special ceremony with Vice Foreign Minister Kim Kyou-hyun the next day.
If you have seen the U.S. Embassy recently, you would have noticed our giant banner marking this very special year in U.S.-Korea relations. This is our hwan gap, as we are celebrating “60 Years of Partnership and Shared Prosperity.” 2013 marks the 60th anniversary of the Armistice, the Mutual Defense Treaty, and the founding of the American Chamber of Commerce in Korea.
That same armistice was recently disavowed by North Korea but whatever, right?
That the U.S. embassy decided to feature on its social media the ambassador’s idiotic spring break trip in the midst of a major crisis on the Korean peninsula leaves one stunned. Is this some complex meta-diplo move to tweak the North Koreans? Is it just typically clumsy timing?
Or is it that the U.S. ambassador is not much more than a bit player in world events anyway so no one even bothers about what image he is presenting to the world?
Yep. Gangnam style!!!!!!
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
State Department Makes Gangnam Parody on Your Dime
So there you were this morning, wondering what the State Department was doing with your tax money. They were making a “Gangnam Style” parody video!
Have a look at this clip from a continuing series of “social media” produced by the American Embassy in Seoul:
Now, in the words of Psy, let’s “break it down”:
— State’s weird attempt at humanizing America abroad comes off instead as a lame attempt at creating a cult of personality around its ambassador. Truly, do Korean people care about his clothing (as featured in the video, hung in a messy closet)? Was the last “question” praising the embassy’s wonderful social media really a question that needed featuring here? And honestly, did US government employees on US government time really need to be forced to dance Gangnam style while the ambassador stood by watching like some playground pedophile?
— What is the point? I get “social media” as a concept but I am unsure what the national policy goal here is, and there damn well better be one since taxpayer money is paying for this garbage. Are Koreans supposed to see the cartoon caricature of the Ambassador and “like” America? Are they supposed to see the Gangnam dancers and feel America is “with it”? Are we “groovy” yet?
— Is this simply a silly shot at linking Psy’s 15 minutes of fame to the U.S.’ hope for another 15 minutes of fame?
— Is the U.S. the only hip and cool country representing in South Korea? Because I checked the web sites of countries like the UK, Japan and China for Korea, and none of them feature silly poo stuff like this. I also checked the South Korean government’s web site in the U.S., and there are no YouTube videos of the South Korean ambassador lip syncing to Beyonce. Is America just that far ahead of the public diplomacy curve?
— Why is State trapped in this loop of idolatry? The ambassador is the lead guy in these videos because he is the ambassador, and thus his entire staff is devoted to sucking up to him. If real communication was the goal, perhaps they could have found almost anyone else in the embassy with a teeny dollop more of charisma? Maybe someone who didn’t look deeply embarrassed alternating with deeply bored throughout the entire project?Anyway, hopefully State will show videos like this to Congress at the next budget hearings to help justify their requests for more money. I am sure Congress will be impressed.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Daily Kos: Fear the Noise of Democracy
The Daily Kos runs an article today comparing shamefully the tactics used in Korea to stifle bloggers that offend the government there with tactics used by the US State Department to accomplish the same goals.South Korea brought the recent charges under its National Security Law – which bans “acts that benefit the enemy” but fails to specify what those acts are. Apparently, tweeting satirical images, as a blogger there recently did, counts as “acts that benefit the enemy.”
“This is not a national security case; it’s a sad case of the South Korean authorities complete failure to understand sarcasm,” said Sam Zarifi, Asia-Pacific director of the human rights group Amnesty International. Of course, this week, the State Department proved it was equally unable to understand sarcasm, ordering me to remove the State Department Seal from a satirical blog I posted.
The article concludes by scolding Mrs. Clinton’s Department of State:
Stifling speech is the stuff of dictatorships, not democracies. If the U.S. is to be a leader in democracy, the State Department should take the lead and encourage free speech, even critical speech.
Our government, like the one in Korea, fears the noise of democracy and instead prefers the silence of compliance.
Read the entire piece on the Daily Kos.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
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