Destruction Of The US. (Part Two – Justice)

While much of the nation is fixated on Trump’s alarming statements on Twitter and outraged by his many personal transgressions, he has quietly gone about reshaping the federal court system for a generation or more.

When Trump entered office, there were nearly twice as many judicial openings as when Obama entered office. Indeed, the 108 vacancies at the beginning of Trump’s term (many kept vacant by the obstruction of Senate Majority Leader, Mitch McConnell) represented about one in eight lifetime appointments. With a compliant Senate, Trump almost immediately filled the Supreme Court seat that had been kept open for nearly a year by McConnell. In his first 200 days, he also nominated 43 other federal judges, 7 of which were quickly confirmed. Most, if not all of these nominees were proposed by the very conservative Federalist Society. And all met the approval of “Christian” evangelicals who not only hope to overturn Roe v Wade. They are dead set on turning the US into a theocracy with the help of their “Chosen One.”

According to Wikipedia, as of August 14, 2019, the US Senate has confirmed 146 Article III judges nominated by President Trump, including two Associate Justices of the Supreme Court, 43 judges for the US Court of Appeals, 99 judges for US District Courts, and two judges for US Court of International Trade. A priority has been placed on relatively young nominees who can serve for decades.

Additionally, Trump’s two US Attorneys General have reshaped and politicized law enforcement as never before.

His first Attorney General, Jeff Sessions, dropped recommendations from the previous administration dealing with the findings of abuse by law enforcement, the courts and the city government of Ferguson, Missouri. He dropped investigations into white supremacy groups and other domestic terrorists. He rescinded DOJ guidance for schools which was designed to protect transgender students in bathrooms and locker rooms. And, as a southern “Christian” theocrat, he sided with a cake shop owner who refused to make a wedding cake for a same-sex couple.

Sessions undermined a major voting rights case in Texas by deciding that his civil rights unit would no longer investigate patterns of excessive force and racial profiling by local law enforcement. He threatened to withhold US grants from cities that designated themselves as sanctuaries for immigrants. He decided that the Deferred Action for Childhood Arrivals (DACA) program was “an unconstitutional exercise of authority by the executive branch” and could not be defended in a court challenge by Texas and other states. More disturbing, under his “zero-tolerance” policy, Sessions ordered the separation of children from parents seeking asylum and crossing the United States’ southern border. Sessions proudly proclaimed, “If you cross this border unlawfully, then we will prosecute you. It’s that simple.”

Sessions also revoked an Obama-era policy that gave federal prosecutors discretion in making decisions about charges in drug cases. And he reversed another Obama-era policy by announcing that the Justice Department would continue to use private prisons.

By almost any measure, Trump’s second Attorney General is even worse. William Barr was nominated by Trump based on his opinion that a sitting president cannot be indicted. He quickly rewarded his new boss by misleading the public about the Mueller Report, falsely announcing that there was no collusion and no obstruction (a conclusion disputed by more than 1,000 former US attorneys and prosecutors). Taking it a step further, Barr even stoked conspiracy theories by announcing his intent to investigate FBI agents, CIA agents and others over the origins of the Mueller investigation, unabashedly stating, “I think spying did occur.” He chose not to defend the Affordable Care Act in court, potentially leaving millions of Americans vulnerable to a predatory insurance industry. And, more recently, Barr tried to block Mueller from testifying before Congress, ultimately limiting his testimony to the redacted report.

Perhaps the greatest threat posed by Barr is his belief that, contrary to the Constitution’s First Amendment, there should be no separation of church and state. Moreover, he has stated that he will oppose any attempt by the legislative branch to pass secular laws. He has also steadfastly refused to respond to lawful requests and subpoenas from Congress – the branch of government that the Founding Fathers considered most important as evidenced by it establishment in Article 1, Section 1 of the Constitution.

It’s startling to think that the man charged with defending our Constitution either hasn’t read it. Or doesn’t believe in it.

Is The US Still A Nation Of Laws?

If so, Congress has no choice but to begin the impeachment process now.

Trump committed obstruction of justice – not just in private by ordering his underlings to fire Mueller – but in public by calling the investigation a witch hunt. He suborned perjury by stating that he would “take care of” those who refused to testify against him and by calling those who did “rats.” He has ignored the Constitution’s emoluments clause by using his Washington DC hotel to profit from foreign leaders, foreign citizens and lobbyists. And he obviously requested then accepted and benefited from property stolen by Russian hackers.

If those actions don’t rise to the level of “high crimes and misdemeanors,” it’s difficult to imagine what does.

Nixon resigned under threat of impeachment for ordering the break-in of the Democratic office and resorting to obstruction of justice in order to cover it up. Clinton was impeached for accepting oral sex from an intern and lying about it. Are those crimes worse than accepting property stolen from a political opponent by a hostile nation and obstructing justice by attempting to prevent an investigation into the matter?

Since Trump began his campaign to win the most powerful office in the world, we have seen him refuse to reveal his tax returns unlike most other presidential candidates since Nixon. We have heard him brag about sexual assault. We have discovered that he had an extramarital affair with a porn star and a centerfold model then illegally paid for their silence. We heard from more than a dozen women, including one who was underage, that Trump had sexually assaulted them. We learned that Trump had been a regular guest at Jeffrey Epstein’s parties before Epstein was convicted of trafficking underage girls for sex. And we learned that a tabloid managed by a Trump friend practiced “catch and kill” to bury unflattering stories about Trump.

Despite Trump’s claims that he had nothing to do with Russia, we heard his sons brag that the family business gets all the financing it needs from Russians. We learned that Trump’s lawyer had continued to negotiate a deal for Trump Tower Moscow even after the 2016 election. We learned that much of Trump’s income comes from real estate sales to Russian oligarchs – likely as a means of laundering money. We’ve seen Trump’s campaign manager, his personal attorney, his national security advisor and others associated with his campaign arrested and convicted. And we learned of more than 100 contacts between members of the Trump campaign and Russians.

We watched Trump settle a lawsuit that his Trump Foundation defrauded donors. We saw him settle claims that his Trump “university” defrauded students. We learned that he and his siblings engaged in tax fraud in order to avoid paying millions on their inheritance. And we learned that his name was mentioned in the Panama Papers – a leak of those involved in offshore tax havens – 3,540 times. (Not surprisingly, his good friend Vladimir Putin was also named.)

We have seen reports of millions in donations missing from the Trump Inaugural Committee. We have learned that the former owner of an illicit massage parlor in Florida is a regular at Mar-a-Lago and helped raise funds from Chinese nationals for Trump’s campaign – funds that weren’t reported and cannot be accounted for.

We have listened to thousands of lies told by Trump and his administration since he took office. (It has been documented that roughly 70 percent of the statements Trump makes are false!) We have seen him appoint the most corrupt and unqualified cabinet in history. We have watched him appoint dozens of unqualified and ideological judges to lifetime positions. We have watched the unraveling of environmental, financial and safety regulations. We have witnessed his racism and his apologies for violent white nationalists. We have watched as his administration ripped immigrant children from their parents and housed them in cages. We have seen his administration veto a UN resolution that would hold war criminals accountable and force a change in another UN resolution that will result in the denial of abortions to girls who have been raped as a military tactic. We have read his Tweets promoting violence against a black Muslim congresswoman. And we have seen Trump cozy up to some of the world’s worst dictators while, at the same time, turning a cold shoulder to our longest-standing and most loyal allies.

How many more crimes must Congress see before taking action? How many more despicable acts?

Does Trump really have to shoot someone in the middle of Fifth Avenue, as he once bragged he could, to be held accountable for his actions? Would not any other resident of the US be charged and convicted for just one of the many crimes committed by Trump?

A woman in Texas is serving a 5-year prison sentence for not realizing that she was ineligible to vote. Yet Barr and the DOJ have let Trump and other members of his campaign off the hook for supposedly not knowing that it was against the law to undermine our electoral process by accepting help from a hostile nation. What happened to the long-standing legal principle that ignorance of the law is no excuse?

Throughout our nation’s history, we have operated according to the principle that no one is above the law. So far, that has not applied to the Teflon Don and his crime family.

The Barr Effect.

Contrary to Attorney General William Barr’s 4-page “summary” of the Mueller Report or his misleading press conference, Trump and his campaign were not cleared of collusion. And he most certainly was not exonerated. In his report, Mueller simply said that there was not enough evidence to indict Trump and his campaign for conspiring with the Russians to interfere with the 2016 election – largely because the Mueller team could not interview the Russian hackers and Russian intelligence officials to confirm that they conspired with the campaign. In addition, the Mueller Report notes that many of the campaign’s communications had been encrypted and much of the evidence had been destroyed.

Nevertheless, the report does detail many examples of cooperation with the Russians who interfered with our democratic process. It also details numerous instances during which the Trump campaign accepted material and information stolen from its political opponents.

By any definition, that is collusion!

As for obstruction, the Mueller Report outlines at least 10 incidents in which Trump tried to obstruct the investigation, including numerous occasions when he ordered underlings to fire the Special Counsel. That means that Trump clearly committed obstruction of justice even though members of his administration refused to follow his orders. (An act of obstruction does not have to be successful in order for it to qualify as an indictable offense.) But, as a result of the DOJ’s unsupported ruling that a sitting president cannot be indicted, Mueller deferred the responsibility of determining guilt to Congress. In doing so, Mueller clearly stated that his investigation DID NOT exonerate the president. And the Mueller Report does not even consider Trump’s corrupt business practices, his tax evasion, his racism, his sexual improprieties, and his obvious violations of the Constitution’s emoluments clause.

Yet, despite abundant evidence to the contrary, the GOP and some of the media continue to repeat the falsehoods made by Barr in his memo and press conference that the investigation “cleared Trump of all charges.” In other words, for the time being, Barr’s cover-up has worked. He has succeeded in providing a false narrative in order to protect his boss.

None of this is surprising. After auditioning for the position of Trump’s Attorney General by writing an 18-page memo proclaiming the unlimited powers of the president, the skeptics among us saw this coming. Barr’s intentions should have also been clear to anyone with an understanding of history. After all, Barr had participated in presidential cover-ups before following the capture of the sitting president of a foreign nation and the pardons of all the criminals in the Reagan administration who participated in the Iran-Contra scandal.

Indeed, it should be abundantly clear to everyone that Barr is not the Attorney General for the United States. He has merely replaced Michael Cohen as Trump’s fixer and consigliore.

Clearly, Trump is operating outside the law. And both he and Barr are operating contrary to ethical and moral standards. As a result, I believe that both should be impeached. Our nation was built on the concepts of reason, justice and the rule of law. Though it’s likely true that doing so may further divide the nation. But it’s also true that not doing so could set precedents for future presidents and attorneys general which could allow them to commit even more heinous acts. Worse, it puts the entire foundation of our nation at risk!

The Crime Boss In The White House.

Over the past two years, the party of Reagan has become the party of Trump. And it is now clear that no Republican can defy Trump without paying a price. The question is: What are they afraid of? Why are so many Republicans afraid to vote against Trump’s initiatives? Why do the so-called fiscal conservatives refuse to speak out against Trump’s massive deficit spending? Why do they refuse to hold Trump accountable for his racism and his refusal to denounce white nationalists? Why are so many Republicans afraid to vote against Trump’s power grab from Congress? Why do they not speak up about his corruption and his coziness with the world’s worst dictators?

And, most puzzling, why does Sen. Lindsay Graham – once a never Trumper – not defend the legacy of his long-time friend Sen. John McCain against Trump’s attacks? Why the change? What is Graham afraid of?

This is only a guess. But I believe Trump has always acted as a crime boss. He uses the language of a crime boss in referring to his long-time consigliore, Michael Cohen, who turned on him as a “rat.” He has run his business as a crime boss by bullying and refusing to pay vendors. By suing anyone who spoke out against him. By buying the silence of some critics. And by associating with a variety of other mob bosses – the Italian mafia, the Jewish mafia and, especially, the Russian mafia.

As a result, I believe that Republican dissenters fear retaliation. Likely, Trump’s political contributors – Robert Mercer, Sheldon Adelson and Charles Koch – have made it clear that they will not donate to the campaigns of the dissenters. Indeed, they have probably made it clear that they will fund primary opponents. And they no doubt fear that Trump will campaign for their primary opponents.

But I think their fear runs deeper. I think that, like every other crime boss, Trump has dirt on his opponents. Could it be that Trump knows the never-married Sen. Graham is a closeted gay? How would that play in bright red South Carolina? And, if so, what dirt does Trump have on other Republican leaders? Given his past, they have to know that Trump would use anything at his disposal to gain and maintain power.

I truly believed that special counsel Robert Mueller would be our modern-day Elliott Ness – someone who would put Trump in the place he deserves. But now that Trump’s hand-picked Attorney General, William Barr, has delivered a letter to Congress stating that the Mueller investigation did not recommend charges for conspiring with Russians and left the case for obstruction up to the DOJ, Trump has been emboldened. Like other crime bosses who have skated on serious charges, Trump now believes he is the Teflon Don. He believes that no charges can stick to him. And if there’s a chance they might, he has learned that he can manipulate the system by firing and hiring the people necessary to protect his very large behind.

That’s what crime bosses do.