• Civil War and Impeachment

    October 20, 2019 // 7 Comments »

     

    Once-intelligent people are talking about actual civil war in America. This began after Trump retweeted a pastor saying impeachment would cause a “civil war-like fracture in this Nation.” Never mind it was a retweet, and never mind the original statement used like to make a comparison, the next headline was set: Trump Threatens Civil War If He’s Impeached. Newsweek quoted a Harvard Law professor saying that “threat” alone made Trump impeachable. Another headline asked: “If Trump’s Rage Brings Civil War, Where Will the Military Stand?”

    Blowing up some online nonsense into a declaration of war tracks with the sister meme Trump will refuse to leave office if defeated in 2020, or will declare himself the winner even if he loses, sending coded messages to armed minions. “Trump Is Going to Burn Down Everything and Everyone” read the headline from a NASDAQ-listed media outlet. “Before Trump will allow himself to be chased from the temple, he’ll bring it down,” wrote the New York Times.

    And that’s what the MSM is saying; it just gets worse the further off the road you drive. “Trump is going to try everything, Fox is going to try everything, and they’re going to both further the injuring of societal reality and inspire dangerous individuals to kill and maim,” a well-known academic wrote. “There’s a vast number of people in this, people who have been taught their whole lives that they might need to kill in case of a coup or corrupt takeover,” he continued. “Trump and Republicans signal to them constantly. They’re more than ready to see this as the occasion.”

    The idea Americans are steps away from squaring off across the field at Gettysburg is something that should only exist in satire. It would be in fact hilarious if such fantasizing did not influence the actual future of our country. Because set aside the unlikelihood of the hordes taking up arms and indeed we have crossed a line where rationality is in the rear view mirror.

     

    Most of us have lost track of the constitutional crises which have never actually happened since the first one was declared, over the non-issue of Trump losing the popular vote in 2016, then again over his firing FBI director James Comey. What was it last week – Sharpiegate or the hotel in Scotland and emoluments or an impeding war with Iran/North Korea/China or treason or something about security clearances? The Kurds were a thing in 2017 and again now. Paul Krugman of the NYT first declared Trump was going to destroy the economy in 2016, and has written the same article regularly ever since, most recently just last week. It doesn’t seem to matter that none of these things have actually been true. Learned people are saying it all again.

    People opposing Trump have convinced themselves they must impeach for something and if all of Russiagate (Remember that? It’s like Aunt Edna’s brief failed marriage, just not mentioned at the dinner table, nope, dead as the Epstein case) wasn’t enough then Democrats will impeach over a phone call to a minor world leader.

    It wasn’t supposed to be this way. The fantasy was to use Robert Mueller’s summer testimony about Trump being a literal Russian asset to stir up the masses – Mueller Time, Baby! Congress would go home for August recess to be bombarded by cries for impeachment, and then this autumn would feature hearings and revelations amplified by the Blue Check harpies leading up to, well, something big.

    If rationality was still in vogue it’s hard to imagine Democrats would consider the Ukraine call impeachable. But they closed out Russiagate like the OJ Simpson murder trial, certain Trump had gotten away with so much they had to catch him at something else to make it even.

    Desperation makes for poor strategy. Think back just two weeks and no one had heard of any of this; Dems and the media took America from zero to 100 nearly overnight as if this was another 9/11. With the winter caucuses approaching, Dems in search of a crime groped at something half slipped under the door and half bundled up by clever lawyers to be slipped under the door. Mueller was a lousy patsy so a better one needed to be found in the shallow end of the Deep State pool. It wasn’t much but it was going to have to be made good enough.

     

    The details will come out and they will stink. The first whistleblower had some sort of prior working relationship with a current 2020 Democrat; given he is an CIA analyst, that suggests a member of Vice President Biden’s White House team, Cory Booker’s Committee on Foreign Relations, or maybe Kamala Harris’ Select Committee on Intelligence.

    The so-called second whistleblower appears to actually be one of the sources for the first whistleblower. That’s a feedback loop, an old CIA trick, where you create the appearance of a credible source by providing your own confirming source. It was tried with the Steele Dossier where the original text given to the FBI appeared to be backed up by leaks filtered through the media and John McCain’s office.

    So forget everything about this cooked-to-order crisis except the actual thing impeachment would turn on: the transcript of Trump’s call. It does not matter what one, two, or two hundred whistleblowers, former Obama officials, or talking heads “think” about the call; there it is, the actual words, all pink and naked on the Internet for everyone to read. Ukraine did not investigate Biden. Trump did not withhold aid. The Attorney General was not involved. DOJ ruled there was no violation of law. It has little to do with Pompeo or Pence. You and the Congress pretty much have it all in the transcript. It’s bathroom reading, five pages.

    People hate Trump to the point where they have become irrational enough to think whatever the Founders meant in the Constitution as the standard for impeachment means… that. And save your breath about Bill Clinton’s adventures. That he was not removed from office only drives home the point that when political scheming loses touch with reality it fails.

     

    Only a few months ago the Democrats’ drive to the White House began with the loftiest of ideals, albeit a hodge-podge from trans toilet “rights” to a 100 percent makeover of the healthcare system. It is now all about vengeance, clumsy and grossly partisan at that, gussied up as “saving democracy” like it is underage with too much makeup and as if everyone doesn’t notice. Our media is dominated by angry Hillary refighting 2016 and “joking” about running again, with Adam Schiff now the face of the party for 2020. The war of noble intentions has devolved into Pelosi’s March to the Sea. Any chance for a Democratic candidate to reach into the dark waters and pull America to where she can draw breath again and heal has been lost.

    OK, deep breath myself. A couple of times a week I walk past the cafe where Allen Ginsberg, the Beat poet, often wrote. His most famous poem, Howl, begins “I saw the best minds of my generation destroyed by madness, starving hysterical naked.” The walk is a good leveler, a reminder madness — Trump Derangement in modern terminology — is not new in politics.

    But Ginsberg wrote in a time before mass shootings were somewhere between a growingly-accepted form of political expression and America’s signature sport. One could joke about coded messages before the Internet came into being to push tailored ticklers straight into people’s brains. I’ll take my relief in knowing almost everything Trump and others write, on Twitter and in the Times, is designed simply to get attention and having shouted in our faces for three years getting our attention today requires ever louder and more crazy stuff. What will get us to look up anymore? Is that worth playing with fire over?

    It is easy to lose one’s sense of humor over all this, and end up like Ginsberg at the end of his poem, muttering to strangers at what a mess this had all become: “Real holy laughter in the river! They saw it all! the wild eyes! the holy yells! They bade farewell! They jumped off the roof! To solitude!” But me, I don’t think it’s funny at all.

      

    Related Articles:




    Copyright © 2019. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

    Facebooktwitterredditpinterestlinkedin

    Posted in 2020, Democracy, Impeachment, Trump

    Here’s Where 2020 Stands If You’re a Democratic Strategist

    July 11, 2019 // 18 Comments »


     

    So to sum up at this point if you’re a Democratic strategist:
     

    — The economy is strong. Wages are up for the first time in a long time, job reports strong, stocks at record highs. Your move: Obama did it via time travel! Backup plan: hope the economy collapses and America falls into a major recession putting millions on the streets to own Trump.

    — All your efforts to defame/oust Trump have failed: Russiagate, Stormy Daniels, pee tape, obstruction, emoluments, get the taxes, SDNY, etc. You are down to hoping a convicted pedophile saves you with dirt on Trump.

    — New Hope: Robert Mueller breaks out in Tourette’s Syndrome at his hearing next week and demands impeachment.

    — Strategy of last three years to promote new hysterical end-of-democracy meme each week appears not to be working.

    — The media is presenting AOC as the new face of your party, shouting that Nancy Pelosi and Joe Biden are racists (Did Barack know?!?) She daily sounds more like an undergraduate who is so sure she knows more than the professor based on a long talk over a joint with her boyfriend about Marxism.

    — A large number of Americans have concerns about immigration but your platform is to ignore them and demand open borders, abolish ICE, and free medical care for illegals.

    — Trump keeps refusing to start a new war (China, Venezuela, Iran, NKorea…)

    — Your candidates imagine a statistically tiny number of people on Twitter represent public opinion, semi-anonymously “liking” some bumper-sticker statement. The results in 2020 will thus surprise them, as the results of 2016 did, and the Russians will be much harder to blame the second time.

    — Bernie Sanders is campaigning from a park bench while feeding pigeons, Cory Booker is running for vice president of Crazytown while Twitter debates Kamala Harris’ blackness and school busing from the 1970s. Biden is polling slightly behind a crash test dummy with “Not Trump” written on it in Sharpie. Still ahead of the Other Guy from Wham!

    — Most Dem strategists still not sure if they should delete Hillary’s number.

    — The women’s soccer team vote is locked up, so some good news.

     

    Related Articles:




    Copyright © 2019. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

    Facebooktwitterredditpinterestlinkedin

    Posted in 2020, Democracy, Impeachment, Trump

    Amash is Wrong, Pelosi (So Far…) is Right on Articles of Impeachment

    May 26, 2019 // 1 Comment »


    Even as House Speaker Nancy Pelosi tries to put impeachment talk on the back burner within her own party, Justin Amash became the first Republican Congressman to call for it. This weekend on Twitter, as the Founders intended, Amash wrote “Mueller’s report identifies multiple examples of conduct satisfying all the elements of obstruction of justice, and undoubtedly any person who is not the president of the United States would be indicted based on such evidence.”

    Amash goes on to say impeachment simply requires “an official has engaged in careless, abusive, corrupt, or otherwise dishonorable conduct.”

    Of course tweets are not Articles of Impeachment to be voted on, Mueller’s Report specifically does not indict Trump for obstruction, the Report does not state the reason for not indicting Trump is because he is president, and the Constitution does not include “careless, abusive, corrupt, or otherwise dishonorable conduct” as grounds for impeachment.

    People may not like any of that, but those are the starting and ending points on impeachment and simply repeating an alternate version cannot change things. So this all may be little more than grandstanding by Amash.
    But alongside Amash’s tweets are dozens of similar bleats from politicians and blasts from the media demanding Trump be impeached. Cheerleaders gloat impeachment isn’t a judicial process but a “political” one, their main takeaway being less rigorous standards apply (Amash stated there is no obligation to show even probable cause a crime was committed to impeach, you can just accuse willy-nilly) and somehow that’s a good thing. Many express near-joy the constitutional requirement for impeachment, “high crimes and misdemeanors,” isn’t defined in the law so it can be anything a partisan House wants it to be heading into an election. Somehow that’s also a good thing for a democracy they otherwise see under threat.

    What the calls for impeachment show in amplitude they lack in detail, the specifics Trump must be impeached for. You know, like when a case goes to court instead of when one is trying to make headlines? The so-called best versions, as with Amash, simply refer back to Mueller’s own didn’t-reach-indictment non-conclusions and leave it there, as if the Report says something clearly it does not even say obliquely. The worst ramble about the end of democracy, damage to the Constitution, corruption, and cite the libretto from Hamilton as their snappy summation. What they all do, from Amash to Trevor Noah, is rely on assumed agreement with their audience Trump is guilty. Of something.

    The only specific pseudo-justification comes from a sub-group who kinda admits the Mueller “road map” is a bit fuzzy on actual guilt, but who sees impeachment proceedings as some sort of super-investigative process that would take another shot at finding chargeable crimes.

    This strategy becomes clearer when one looks at the real road map: Democrats and the media have been trying to remove Trump from office even before he took office. The Electoral College was going to not vote him in, or the Emoluments Clause or the 25th Amendment would shove him aside. The path forward jelled in early January 2017, even before the inauguration, as strategic leaks from the intelligence community pushed Russiagate to the fore. Trump was a Russian agent, the Manchurian Candidate. The nice folks in the Deep State would investigate, and their Report would segue smoothly into impeachment proceedings just in time for the 2020 election season.

    After the Report showed there was no collusion or conspiracy with the Russkies, the Democrats and media pivoted as one, literally overnight, claiming (failed) obstruction of a Report which cleared Trump of treason, that was the real crime all along. The only problem was the Report did not support obstruction as grounds for impeachment either. So in a wink of an eye, the new plan was for the House to subpoena documents, call witnesses, and conduct a re-investigation into whatever it was Mueller failed to uncover.

    This belief in the investigative magic of the House ignores the vast powers already brought to bear, including the surveillance which proceeded Mueller’s work and provided the fodder for those early perjury traps against Flynn, Papadopoulos, et al. Mueller used the threat of jail time to pressure people into cooperating, in the end producing little actionable material. The House thinking it will find the smoking gun Mueller missed also ignores the entrapment ops the FBI ran against the Trump campaign, which also produced little beyond excuses for more surveillance.

    The Democratic/media actions post-Report — making up their own versions of what Mueller meant to say — beg the question of why not just ask Bob Mueller? The White House is not blocking his testimony, and the House has not subpoenaed him. Still, no testimony is scheduled while “negotiations” take place between Mueller and the Committees. For a nation supposedly in crisis there doesn’t seem to be too much of a rush. The Report has been out for close to two months.

    Or maybe Democrats are not in a hurry to call Mueller because they don’t want to hear him answer why he did not indict anyone new. Maybe Dems don’t want to have Mueller say how early he realized the Steele Dossier was garbage but still kept silent? Maybe Dems don’t want Mueller talking about the origins of the Russia investigation? Maybe the Dems really don’t want Mueller to testify at all. Leave him off-stage, where they can put words into his mouth. Those are sharp questions when the simple answer, just ask Mueller, is replaced by a complex set of subpoenas and judicial challenges under the shadow of impeachment proceedings.
    And with that it is time to take a deep breath and consider what impeachment is really about.

    Impeachment allows Congress to overturn an election. And that is a very, very big deal. The Constitution vests ultimate power in The People. Throwing their choice out via impeachment is in a way the ultimate undemocratic act.

    What impeachment also is not is a midterm check of “fitness.” It is not a constitutional pause for a referendum on how the president is doing. It is not a way to resolve differences of opinion, policy or propriety. The Founders were well aware how parliamentary systems could easily expel leaders with votes of no confidence in such situations, and chose something very different for America. They gave great sanctity to having a president serve his full term. And in our entire history no president has been forced from office.

    Impeachment is also not a way to bypass other investigative tools to allow a partisan House to poke around inside a president’s decisions, pre-election business deals, and personal life, or to amass info short of actual impeachable evidence as campaign dirt on the public dollar.

    This final conception of impeachment, an expedient to get around Trump refusing to comply with various subpoenas, is particularly odious. The claim we are in a constitutional crisis because the White House is contesting document requests, what Nancy Pelosi calls Trump’s “self impeachment,” is nonsense. Contesting subpoenas thought to be too broad or irrelevant is an inherent part of due process and is nothing new or unique to the Trump administration. What would be unique is to open impeachment hearings as a work around to having the courts rule, as they anyways have, on the muscle-tussle between executive and legislative branches.

    The closest the United States ever came to forcing a president out of office was with Richard Nixon in 1974, and much is being made in 2019 that one of the charges against him was obstruction of justice. But the two are very different.

    Nixon’s obstruction had clear underlying crimes behind it, as Republican operatives broke into the Democratic National Headquarters at the Watergate building, and made a similar break in to Daniel Ellsberg’s psychiatrist’s office. The latter, often left out of “Watergate” history, was to gather blackmail material or discrediting information to use against the Pentagon Papers’ leaker.

    Amash is playing you with a straw man argument; anyone who went to law school, read the Mueller Report which explains this or Googled obstruction knows an underlying crime is not required. Underlying crimes are not necessary to charge obstruction per se, but their presence indicates the seriousness and depth of what obstruction sought to hide. In the absence of underlying crimes, i.e., in Trump’s case no collusion with Russia, you’re left to wonder what the president would have sought to obstruct the investigation for. Unlike in Nixon’s case, there was nothing for it to find. That raises the question of evil intent, the “why” which is necessary to charge obstruction. If there was no underlying crime why obstruct? The lack of underlying crime also raises the political stakes. The House really thinks it will be supported in trying to impeach the president over a… process crime?

    Nixon’s obstruction took the form of paying cash from a slush fund to the operatives to buy their silence or to have them commit perjury. Nixon sought information from the CIA to use against his enemies. He personally and unambiguously ordered a cover-up. His own White House counsel testified against him. Watergate burglar James McCord stated in writing his testimony, some of which was perjured, was compelled by pressure from the Attorney General. Audio tapes of Nixon actually committing these acts existed. Nixon defied a Supreme Court order to release the tapes, erased some especially discriminated audio “accidentally,” considered destroying the tapes entirely, fired the Special Prosecutor who drove that process, and attempted to seize control of the investigation via a new prosecutor in what has come to be called the Saturday Night Massacre. Now that is what real obstruction, and the evidence to prove it, looks like.

    All of the above preceded actual Articles of Impeachment. By the time the case was moving to the Senate for a decision, there was no need for pundits to speculate on road maps, no need for explainer articles, no dots left to connect, and Nixon was pressed to resign by a bipartisan group. It makes the current situation — a Report which does not charge obstruction, with no underlying crime, serving as the basis for the House to re-investigate those same non-events via a scattershot of subpoenas and testimony — seem silly.

    Nancy Pelosi is right to put the brakes on impeachment. Not because of some political calculation, but because turning the Constitution’s provision for over-turning an election into a hunt for dirt, or as a way around the check and balances of the courts, chips away at the foundation of democracy.

     

    BONUS

    I admire Amash for his principles. So I would very much welcome him laying out reasons for his opinion Trump committed an impeachable offense in obstructing justice, a conclusion Mueller, Barr, and Rosenstein did not reach. All Amash did was send out a couple of tweets. I, too, have read the whole Report, as have many others, and do not see chargeable crimes. So Amash needs to do more than tweet a conclusion because the clarity he sees in the Report text is not shared widely enough to allow him to just say trust me on this.

    Amash in his tweets also criticizing the Attorney General for writing a misleading summary of the Report. This is weak. We now have the Report, and so Barr’s summary two months ago is old, old news. The portions of the Report dealing with obstruction have few substantive retractions, and are apparently clear enough Amash himself has read them and concluded Trump is guilty. So explain why, Justin, and stop distracting with criticism of water passed under the bridge.

    Showing how far down the rabbit hole Derangement Syndrome can take someone, here an author is suggesting Congress arrest Attorney General William Barr for failing to hand over the full Mueller Report, or fine him. And if he doesn’t pay the fine, she suggests Treasury withhold his paycheck. Like someone with that illness that makes you involuntarily shout and curse at people, I really don’t think the people who write these articles understand how silly they look, and how the voters who struggle with healthcare, earning a living, and all that, hold them in contempt for being so out of touch.

    Related Articles:




    Copyright © 2019. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

    Facebooktwitterredditpinterestlinkedin

    Posted in 2020, Democracy, Impeachment, Trump

    Dear Nancy Pelosi:

    May 23, 2019 // 4 Comments »


     
    This could all be over in an afternoon.

    Nancy Pelosi, subpoena Mueller. Ask him one question: “Why didn’t you indict Trump for obstruction?”
     

    If Mueller says “the evidence was not there,” this is over. Shut up and have the 2020 election.

    If Mueller says “I intended Congress to weigh the evidence via impeachment hearings,” open the hearings that same hour.

     
    For the rest of us, ask yourselves why the Dems ignore the simple resolution above in favor of endless name calling, contempt motions, legal challenges, and a likely Supreme Court fight. Are they afraid of Mueller’s answer?
     
     

    Related Articles:




    Copyright © 2019. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

    Facebooktwitterredditpinterestlinkedin

    Posted in 2020, Democracy, Impeachment, Trump