Showing posts with label constitution. Show all posts
Showing posts with label constitution. Show all posts

2020/04/08

Fascism is Eyeing This Republic Like Lunch

Walter Shaub, former director of the Office of Government Ethics, writing on Twitter:

Trump's assault on Inspectors General is late-stage corruption. The canary in the coal mine was the government ethics program, which began engaging with the Trump team long before the election. The general public got it, but too many people in positions of influence missed it. /1
Then, there was the open presidential profiteering and clues that hard-to-prove conflicts of interest were significantly influencing policy. But Republicans in Congress ensured that no one could dig too deeply into those, and they enabled it by refusing to conduct oversight. /2
Next came Trump's tests of the enforceability of laws--a little push against the tent wall here and a big jab against it there, followed by even bigger tests and a growing awareness that many laws don't have teeth or depend upon the executive branch to enforce them. /3
Along the way came the firings of the two most critical law enforcement officials precisely because they permitted investigations of Trump. The Attorney General's firing should have triggered his removal from office. But wild-eyed Senators were hot on the trail of more judges. /4
This emboldened Trump and taught him a lesson. He had come into government unaware that "personnel is policy." Now he both understood that and knew the Senate would let him treat the government like The Apprentice: only the most slavishly obedient appointees would survive. /5
Ordinarily, the game of musical appointees would have concerned members of Congress, particularly as Trump began to find replacements who didn't care about their oaths of office. But those judges continued to excite Republican Senators, and Trump's base made them nervous. /6
Oversight began only after the Democrats took the House. But Trump's hold on the Senate was absolute. We don't know what assurances he received behind the scenes, but we saw even longtime Republican Senators abandon previously espoused principles to protect him in plain sight./7
With that protection, Trump engaged in a previously unthinkable level of resistance to congressional oversight. The collapse of this Constitutional safeguard was a potentially mortal wound. It didn't go down without a fight, the House included "obstruction" in his impeachment. /8
But the Senate has the final say. With one exception, Republican Senators didn't even maintain a pretense of honoring their oaths. They ended the sham impeachment trial quickly. The failure of this second constitutional safeguard, moved the republic into a life-or-death crisis./9
What remained was the hope that whistleblowers and witnesses could still come forward. Maybe the people could demand action—if they knew the facts. But Republicans in Congress and their staffs, aided by fringe media outlets, worked to terrorize a suspected whistleblower. /10
Witnesses faired no better. Even some Senators who had spent their careers professing support for witnesses, gave Trump free rein to retaliate against them too. The stakes became high enough that whistleblowers and witnesses would henceforth think twice about coming forward./11
But Trump wasn't done. The White House began to speak of expanding its purge beyond political appointees to include career Feds, whose due process rights exist to prevent politicians from harnessing them for corrupt aims or, at least, silence any who might report wrongdoing. /12
The head of the Office of Special Counsel, which protects career Feds from political retaliation, remained silent—as did Republican Senators. Whether or not Trump follows through, the mere threat pressures career Feds to put loyalty to Trump above loyalty to the Constitution. /13
Individual government officials may have the moral fiber and ethics to resist the pressure. But the legal safeguards that help the federal workforce as a whole remain loyal to the American people and the rule of law over a rogue politician have been weakened. That's dangerous./14
A last line of defense in this war on ethics and law is the Inspector General community. They're the eyes of the American people, objective investigators traditionally freed to pursue accountability by the safeguard of bipartisan congressional protection./15
But the Trump era is a bad time for safeguards. Trump's eye has turned to the IGs, and Republican Senators have forsaken them—no hearings, no media blitz, only a few meek chirps of mild concern. Even the self-anointed patron saint of IGs, Chuck Grassley, has abandoned them. /16
What began with the fall of the ethics program is entering the end game with the potential fall of the Inspector General community. The government is failing us, safeguards that took two centuries to build have crumbled, and fascism is eyeing this republic like lunch. /17
It's down to the people. There is a chance in November to reclaim this land for democracy and reject fascism. But the obstacles are tremendous. Trump has the advantage of incumbency, decades of Republican voter suppression, and a third branch that increasingly seems political./18
A sign of things to come, the Supreme Court ramped up the voter suppression by sending Wisconsin voters into a war zone in our species' fight against an ancient enemy, disease. A global pandemic has ground America to a halt, complicating the upcoming presidential election. /19
Republican Senators are trotting out their Hillary Clinton playbook, hoping to abuse their authority again and wound Trump's leading political rival by Benghazi-Uranium-One-But-Her-Emailsing him. And they've given Trump their blessing for him to solicit foreign interference. /20
Trump's Attorney General has even opened a special channel for Trump's private attorney to funnel information from abroad to the Justice Department. Fascism is having a hell of a day in America, and things will get much worse before November. /21
All is not lost. The American people are fired up. But it'll be hard and the outcome's uncertain. That's why I want you to understand how big a deal it is that Trump is going after Inspectors General. This is a late-stage move in an authoritarian coup against the rule of law. /22

2020/02/17

If at first you don't succeed...

Twitter turns up the most depressing things. See for example the newspaper clipping below, which was tweeted by @AndrewFeinberg.

This commentary, which you can find in the archives of the Florida Flambeau for 18 November, 1991, shows that Barr has been a thug, and that he has been seeking the A.G. position, for a long time.

Reading this, I was reminded that Barr auditioned for his current position by sending an unsolicited memorandum to Deputy Atty Gen. Rod Rosenstein in June, 2018.


Source: https://twitter.com/AndrewFeinberg/status/1229222393425616896.

2020/02/07

Nixon was an amateur

THE REAL NEWS IN BILL BARR’S ANNOUNCEMENT: HE’S VETOING CAMPAIGN FINANCE INVESTIGATIONS, TOO
From Emptywheel:

This is not about spying on a campaign, much as Pete Williams wants to pretend it is. This is about telling Trump and his associates they will not be prosecuted by DOJ, going forward, for the same crimes they’ve committed in the past.

2019/12/13

Conservatives and the False Romance of Russia - The Atlantic

Anne Applebaum:

Fortunately for all such critics, they don’t have to spend much time in the country they are “rooting” for, because there is no greater fantasy than the idea that Russia is a country of Christian values. In reality, Russia has one of the highest abortion rates in the world, nearly double that of the United States. It has an extremely low record of church attendance, though the numbers are difficult to measure, not least because any form of Christianity outside of the state-controlled Orthodox Church is liable to be considered a cult.
As usual it's tempting to quote the article in full, so well does Anne Applebaum write. Worth a read.

The House Judiciary Committee Talks the Trump Impeachment to Death

Susan B. Glasser, writing for The New Yorker:

I listened closely throughout the entire two days and did not hear Collins or any of the other Republicans claim, as Trump has urged them to, that the President had a “perfect” phone call with the Ukrainian President, Volodymyr Zelensky. Or that Trump did not seek the investigations that he had specifically mentioned in the White House’s own publicly released record of the call. Instead, Trump’s defenders complained that the articles did not charge Trump with an actual crime, such as bribery, but accused him of abuse of power, which is not specified in the Constitution and therefore should not count as an impeachable “high crime and misdemeanor.” Some of their arguments were notably implausible, such as the contention that the President was a noble anti-corruption fighter seeking to get Ukraine to clean up its act. Or that his scheme to pressure Zelensky to investigate Biden, his possible 2020 opponent, and to outsource the matter to his personal attorney, Rudy Giuliani, was a mere matter of foreign-policy preference.

2019/12/12

Death by Demagogue

Our country is accepting the unacceptable - The Washington Post:

When this presidency began, it was commonplace to write off fears that our political and journalistic systems would eventually “normalize” the president’s abuses. The worry was that however strong our system might have been in the past, we would come to accept behavior that had never been acceptable before.
This is exactly what has happened.

2019/11/22

NYT Opinion: The Double-Barreled Dream World of Trump and His Enablers

A couple of reminders of fact: the Steele Dossier was initially funded by Republicans, not Democrats; Manafort was doing evil for money in Ukraine. Opinion | The Double-Barreled Dream World of Trump and His Enablers - The New York Times:

We began looking into Mr. Trump’s business dealings and ties to Russia in the fall of 2015 with funding from Republicans who wanted to stop his political ascent. The Ukraine alarms went off six months later, when candidate Trump brought into his campaign none other than Mr. Manafort, a man with his own tangled history with Russian oligarchs trying to get their way in Ukraine.

Michael McFaul summarize the impeachment hearings

A good summary of the impeachment hearings, from former U.S. Ambassador to Russia Michael McFaul:

Missed the impeachment hearings over the last 2 weeks? Well, I watched almost every word (doing commentary for @NBCNews & @MSNBC ) so you didn't have to. My quick takeaways in one thread. 1.
Most people had never heard of these witnesses before. I knew most of them: Ambs Taylor, Volker, Yovanovitch, Lt. Col. Vindman, David Holmes, and Dr. Fiona Hill. Ive known Bill, Masha & Fiona for 3 decades. So it was weird watching them; none of them wanted to be there. 2.
The story now is crystal clear. After 2 weeks, none of the basic facts were ever seriously disputed. 3.
Let's start with President Trump and Ukraine. Trump has never cared about Ukrainian sovereignty, democracy, rule of law, or the war with Russia. He made that clear as a candidate. He has been consistent in that view. Trump seeks Putin's favor. Appeasing Putin = dissing Ukraine.4
Trump, however, will use any means necessary to win reelection, including asking foreign governments to help him. He said as much to @GStephanopoulos on camera. He saw an opportunity in Ukraine. He first deputized Guiliani to explore it. 5.
Several months ago, Giuliani began to court Ukrainian prosecutor general Yuri Lutsenko with the goal of opening investigations into Burisma/Biden. The aim was clear -- find/fabricate dirt on VP Biden, at the time the leading Democratic candidate in the 2020 election. 6.
Giuliani also wanted Lutsenko to investigate "Ukrainian meddling" in the 2016 US presidential election. The goal -- deflect attention from the ACTUAL Russian intervention in 2016 & thereby strengthen legitimacy of Trump victory in 2016. 7.
Lutsenko despised US Amb Yovanovitch. In this first quid pro quo, Giuliani got Yovanovitch fired in return for Lutsenko's agreement to open these investigations. (Giuliani's & his 2 sidekicks may have had other motivations in play -- more to come on that) 8.
But then electoral politics in Ukraine intervened. Zelensky was elected president, and Lutsenko's boss, Poroshenko, lost. Lutsenko eventually lost his position. Giuliani's first play failed. 9.
A new , inexperienced president in Ukraine, however, offered a new opportunity to create leverage for Trump/Giuliani. Zelensky, even more than Poroshenko, desperately needed a meeting with Trump to signal his close ties with the US. 10.
Trump took advantage, demanding investigations into Burisma/Biden and "Ukraine 2016 meddling" in return for an Oval office bilateral meeting with Zelensky. He drafted new actors -- the 3 amigos -- to work with Guiliani and achieve these "deliverables" for 2020. 11.
In his call to Zelensnky on July 25th, Trump bluntly asked for a "favor" -- opening these investigations. In other words, Trump was asking a foreign government to help his reelection campaign. 12.
Trump then upped the ante and froze U.S. military assistance to Ukraine. 13.
Zelensky was ready to acquiesce to this quid pro quo, or what Amb Bolton called a "drug deal." He even arranged to announce the opening of these investigations on Zakaria's CNN show. 13.
But then the whistleblower stepped in. Trump panicked, released the aid, and then said (on September 9th) he didn't want anything from Ukraine anymore. 14
Trump used his public office -- the most sacred office in our country -- to try to pursue his private electoral interests. That's the definition of corruption. 15.
To achieved these "deliverables", Trump even went so far as to withhold military assistance to a US partner at war with Russia. (14,000 people have died). Imagine FDR withholding military assistance to the UK in 1940 to pressure Churchill to help him win reelection. 16.
Trump even asked a foreign govt to investigate a private American citizen, even though there is zero evidence of any wrongdoing by Hunter Biden.(Trump never expressed any interest in anti-corruption in Ukraine generally; nor did he use proper channels to pursue.) 17.
Trump and team only stopped running the extortion/coercion/"drug deal" play after they were caught. (And most witnesses only came forward to testify after the whistleblower exposed this abuse of power) Had they not been exposed, the quid pro quo would have occurred. 18.
What did I get wrong? 19.
And if you tuned in to @NBCNews or @MSNBC during the last two weeks, thanks for watching ! (Sorry for typos) 20. END THREAD.

2019/11/03

Mason, Madison, Kasparov: Impeachment, not an election, is the way to stop Trump

Garry Kasparov provides a helpful lesson on the U.S. Constitution:

Garry Kasparov @Kasparov63 (1 November 2019)

The GOP will switch from "he didn't do it" to "he did it, but it's not so bad." But it is. Trump committed all of the original sins envisioned by the Founders: abuse of power, self-dealing, foreign intervention. https://twitter.com/BillKristol/status/1190291217894006785
When Morris suggested at the Constitutional Convention that reelection would be "sufficient proof of innocence", Mason asked: "Shall any man be above justice? Shall that man be above it who can commit the most extensive injustice?"
George Mason: "Shall the man who has practiced corruption, and by that means procured his appointment in the first instance, be suffered to escape punishment by repeating his guilt?"—Philadelphia, July 20, 1787
Madison added, "[The president] might pervert his administration into a scheme of peculation or oppression. He might betray his trust to foreign powers." And so the phrase "high crimes and misdemeanors against the United States" was added to "bribery and treason".
Trump's impeachment is a stress test for American democracy and the Constitution as designed. Soliciting a foreign power for personal gain is exactly what the Founders feared.
By the way, Mason & Madison also warned that impeachment would be essential in case the president tried to pardon his way out of trouble, if he's "connected in any suspicious manner with any person and .. will shelter him". To keep in mind...
To people saying "but Trump didn't get away with it", that's idiotic. You cannot wait for someone to get away with a crime when its goal is to take power and cover it up. And robbing a bank is still illegal if the cashier doesn't give you the money!

Records of the Constitutional Convention include some other, very apropos arguments about impeachment. These are from Constitution.org:

Mr. PINKNEY & Mr. Govr. MORRIS moved to strike out this part of the Resolution. Mr. P. observd. he ought not to be impeachable whilst in office
Mr. DAVIE. If he be not impeachable whilst in office, he will spare no efforts or means whatever to get himself re-elected. He considered this as an essential security for the good behaviour of the Executive.
Mr. WILSON concurred in the necessity of making the Executive impeachable whilst in office.

2019/10/25

Co-opting DOJ

Mindy Finn, Intuition, Sarah Kendzior and Andrea Chalupa all seem to be on the same page (below).

Marcy Wheeler provides context.

Reverse Twitter timeline:


Jeff McFadden - @homemadeguitars: Well, y'all, I am officially scared shitless. It only takes one minute to launch a nuclear weapon. It only took one minute to abandon the Kurds. It only took one minute to open a criminal investigation into the people who failed to save our country.


Mindy Finn - @mindyfinn: This here's why it was outright dangerous to elect a dictator aspirant to the White House to start with, and why we must prepare for him to do anything, and everything, with reckless abandon to get re-elected.

Richard Engel - @RichardEngel: There is something I call the Dictator's Treadmill: once you get on, you can’t get off, because falling off means ending up in jail. It's something I often consider wherever I report. What options does the leader have, and what is he/she willing to do not to fall off?


Matthew Miller - @matthewamiller: The AG flew to Italy twice to personally investigate a right wing conspiracy theory the Italian government has now confirmed is nonsense. What is going on at DOJ? https://www.nytimes.com/2019/10/23/world/europe/italy-trump-conspiracy-conte.html


Glenn Kirschner - @glennkirschner2: I’m beyond troubled, Kathleen. This looks like Barr using - ok, abusing - the DOJ to assist a criminal president. This is how institutions fail. The House should consider drafting articles of impeachment for Barr. They can’t let Barr corrupt/destroy the DOJ w/out a fight.

Kathleen Chu - @KathleenChu5: Glenn. What the hell with grand jury investigation pushed by Barr into origins of Russia probe?


Intuition - @voicebyvote: šŸ¤” That's strange. @sarahkendzior and @AndreaChalupa have been talking about it since DT came into power. If you wanna know what happens next, listen to @gaslitnation.

Matthew Miller - @matthewamiller: Even with Trump as president, I never thought DOJ could become politicized this badly. Incredibly dangerous moment for our country.

2019/10/24

Giuliani’s Ukraine Team: In Search of Influence, Dirt and Money - The New York Times

Two weeks later, this is still unsettling. Giuliani’s Ukraine Team: In Search of Influence, Dirt and Money - The New York Times:

Over the past year, the two men connected Mr. Giuliani with Ukrainians who were willing to participate in efforts to push a largely unsubstantiated narrative about the Bidens.
The headline says "Dirt" - which sounds like "something unsavory but true". But that's not what these devils were after. They looked for people who were willing to say bad things about the Bidens, even if those bad things were lies.

2019/10/19

Follow the Testimony

Susan B. Glasser, in The New Yorker:

Kent, Sondland, and Yovanovitch remain U.S. government officials, and could be fired. Both Kent and Yovanovitch ... have given decades of service to their country at the State Department. This is bravery of a sort that has become so rare in our public life as to be almost unimaginable.
Trump himself, in other words, was putting together a rogue foreign-policy team, run by Giuliani, the President’s private attorney, that would go outside normal N.S.C. and State Department channels to pressure Ukraine.
The ... outlines ... have been known since the start ... but the testimony by Hill and others ... shows how much the President was directly implicated... The scandal, as this week showed, is about a lot more than saying “do us a favor though” in a phone call.
Hill’s decision to appear on Monday, in defiance of White House demands, was crucial.
... there is nothing the White House can do to retract the sworn statements of its officials who are now coƶperating with the impeachment probe on Capitol Hill.
Trump has been staffing his cabinet with "temporary" and "acting" officials who haven't been vetted by Congress. He has been hollowing out federal agencies and replacing career bureaucrats with people loyal to himself, rather than to our Constitution. These changes have made it easier to violate the law in secret (Giuliani and Mulvaney notwithstanding). Other changes, like the near elimination of press briefings, have made it harder to ask even informal questions about the actions of Team Trump. Its refusal to cooperate with Congressional inquiries has been a brazen attempt to avoid all accountability. Sarah Kendzior seems to have understood this administration from the start.
I studied dictatorships and authoritarian regimes the entire time I was doing my PhD.... A lot of things that Trump was doing in his campaign reminded me of things I saw in Uzbekistan, Russia, and other authoritarian states around the world.
Thank goodness the House of Representatives began to fulfill its duty re impeachment before the executive was completely gutted. Thank goodness Trump and his toadies are so inept. Where might we be now if they were actually skilled? Added bonus: Vanity Fair

2019/09/28

White House restricted access to Trump's calls with Putin and Saudi crown prince - CNNPolitics

White House restricted access to Trump's calls with Putin and Saudi crown prince - CNNPolitics:

Administration officials say John Eisenberg, the White House deputy counsel for national security affairs and a national security legal adviser, directed the Ukraine transcript call be moved to the separate highly classified system, as detailed in the whistleblower complaint. That system is normally reserved for "code word" documents that are extremely sensitive, such as covert operations.
The White House acknowledged earlier Friday that administration officials directed the Ukraine call transcript be filed in a highly classified system, confirming allegations contained in the whistleblower complaint.

2019/09/26

The Risk Trump Poses to All Americans | emptywheel

The Definition of "Collusion" as Impeachment Proceeds: the Risk Trump Poses to All Americans | emptywheel:

So not only do Americans lose out on having a President who makes decisions based on how they benefit the country rather than himself personally, but they also get a far weaker President in the bargain, someone who — if he ever decided to prioritize American interests over his own — would have already traded away his bargaining chips to do so.
Please read the whole post.

Manafort, Giuliana, Trump and Ukraine

Thread by @AshaRangappa_: "Manafort was calling the shots to WH[?]":

This is the part that was most interesting to me: The part where Fruity and Trump feel they need to “reassure” Manafort that he’ll get a pardon, like they have to keep him happy. Why? šŸ¤”
What a tangled web...

2019/09/23

How to Break Trump's Stonewall - The Atlantic

How to Break Trump's Stonewall - The Atlantic:

Pressed for his reaction, Ervin said Nixon’s position was “executive poppycock, akin to the divine right of kings.” Ervin declared that his committee had no intention of submitting to the suggested judicial delays, but would instead utilize the Senate’s sergeant at arms to arrest any recalcitrant White House aide, bring him to the bar of the Senate for trial, and ultimately compel him to testify.

2019/09/21

Impeach Already

If Trump extorted a foreign leader for political gain, it’s impeachment time - The Washington Post:

This complaint was considered so troubling by a Trump-appointed inspector general that he asked that the acting director of national intelligence, Joseph Maguire, immediately forward the complaint to Congress, but Maguire refused to do so, reportedly on the advice of William Barr’s Justice Department.
Everything You Need to Know About the DNI, the IG, and the Whistleblower Report - The Bulwark:
Upon receipt of the report from the IG, the DNI “shall within 7 calendar days of such receipt, forward such transmittal to the congressional intelligence committees” of Congress. “Shall” means shall. It does not mean “may” or “if the DNI agrees with the inspector general.”
George Conway and Neal K. Katyal: Trump has done plenty to warrant impeachment. But the Ukraine allegations are over the top. - The Washington Post:
So it appears that the president might have used his official powers — in particular, perhaps the threat of withholding a quarter-billion dollars in military aid — to leverage a foreign government into helping him defeat a potential political opponent in the United States.
If Trump did that, it would be the ultimate impeachable act. Trump has already done more than enough to warrant impeachment and removal with his relentless attempts, on multiple fronts, to sabotage the counterintelligence and criminal investigation by then-special counsel Robert S. Mueller III and to conceal evidence of those attempts. The president’s efforts were impeachable because, in committing those obstructive acts, he put his personal interests above the nation’s: He tried to stop an investigation into whether a hostile foreign power, Russia, tried to interfere with our democracy — simply because he seemed to find it personally embarrassing. Trump breached his duty of faithful execution to the nation not only because he likely broke the law but also because, through his disregard for the law, he put his self-interest first.
Trump whistleblower complaint involving Ukraine, explained - The Washington Post:
The overlapping timelines of Coats’s resignation, Maguire’s elevation and the whistleblower complaint are also raising eyebrows. Trump announced the exit of Coats, with whom he occasionally clashed, on July 28. That’s three days after his call with Zelensky. Trump announced Maguire’s selection Aug. 8. Four days later, the whistleblower complaint was filed.
Trump Whistleblower Complaint: The Obvious Problem with Rudy Giuliani's Spin on Ukraine | National Review:
There is not a Republican alive who would find it acceptable for a Democratic president to press a foreign country to work with his personal lawyer to investigate a domestic political rival.

2019/06/26

Give us your tired...

Thread by @Breznican:

When I got back to the office, a senior reporter said, “So you went out with Nick? How’d it go?”
“Great,” I said, not wanting to call it “boring.” “We got some good stuff.”
“What’d you think of Nick?”
I wasn’t sure how to answer this. There was expectation in the question.
Was there something wrong with Nick that I didn’t realize?
“He was cool,” I said. “Nice guy.”
The older reporter just stared at me. Reading me. “You know who he is, right?”

2019/05/04

Juxtapose

Five Things I Learned From the Mueller Report

The president committed crimes.
The president also committed impeachable offenses.
Sara Kendzior: Impeachment Isn't Optional for Democrats
Sarah Kendzior laid out the case for the impeachment of Trump this morning on AMJoy, as she usually does, that it's not an optional situation for the Democrats. In her opinion, they have no choice in the matter, that the body of evidence is so clear, so obvious by now that that is the only true course of action. It's their Constitutional obligation, their actual job to have impeachment hearings on Trump.
Pelosi Warns Democrats: Stay in the Center or Trump May Contest Election Results
Speaker Nancy Pelosi does not believe President Trump can be removed through impeachment — the only way to do it, she said this week, is to defeat him in 2020 by a margin so “big” he cannot challenge the legitimacy of a Democratic victory.

(I hope she's right. This is a terrible gamble to take.)

That is something she worries about.
“We have to inoculate against that, we have to be prepared for that,” Ms. Pelosi said during an interview at the Capitol on Wednesday as she discussed her concern that Mr. Trump would not give up power voluntarily if he lost re-election by a slim margin next year.
Donald Trump Won't Say if He'll Accept Result of Election [2016]
Mr. Trump insisted, without offering evidence, that the general election has been rigged against him, and he twice refused to say that he would accept its result.
“I will look at it at the time,” Mr. Trump said. “I will keep you in suspense.”

For me this statement by itself should have disqualified Mr. Trump from the office of U.S. President. In effect he was saying he would not respect the laws which he would be required to swear to uphold.

“That’s horrifying,” Mrs. Clinton replied. “Let’s be clear about what he is saying and what that means. He is denigrating — he is talking down our democracy. And I am appalled that someone who is the nominee of one of our two major parties would take that position.”