Tag: investigations

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A Lonely Man – Kafka Kouncils grill Mueller

July 24th 2019

Today’s hearings had plenty of surreal moments. The one that stuck in my head was that of Rep. John Ratcliffe, R-Texas, who demanded to know as a former Prosecutor why Mueller spoke of exonerating Trump.

He was badgering Mueller, demanding to know where, in the remit of the Special Prosecutor, the Justice Department, the FBI or anywhere, existed the power to exonerate.

It could be argued that by saying he didn’t do something, Mueller was implying that he could do it. If Mueller had looked at the panel, and with a condescending smirk and an arched eyebrow, said, “I do not exonerate Donald Trump” then Turner might have a point. Then it would sound like Mueller could exonerate but just didn’t feel like it at that particular moment. But that’s not what happened.

Mueller merely stated in the report that it does not exonerate Trump. Mueller wasn’t claiming a nonexistent power to exonerate.

The report concluded, “The evidence we obtained about the President’s actions and intent presents difficult issues that prevent us from conclusively determining that no criminal conduct occurred. While this report does not conclude that the President committed a crime, it also does not exonerate him.”

If Mueller had instead written, “The evidence doesn’t make the President a good guy,” would Ratcliffe (and several other Republican reps chanting the same song) be screaming that Mueller cannot claim that he can make the President a good guy when in fact Mueller is saying the report doesn’t make him look like a good guy?

This all sounds silly as hell, and it is, but it also grazes a salient point that is, in point of both fact and law, the heart of the reason the report, while it contains many smoking guns, wasn’t THE smoking gun.

The Department of Justice has a lunatic rule that a sitting President cannot be indicted for crimes committed while sitting as President. A sitting President can be sued for civil matters (Jones vs Clinton) but when it comes to criminal matters, he enjoys a weird, extra-constitutional diplomatic immunity from his own country.

If I had to guess, it was Republicans who pushed for this rule, because while they love to investigate Democrats for (usually imaginary) crimes it is Republican Presidents who tend to be the actual criminals and end up in for-reals legal trouble. So Republicans scrapped legal harassment of Democratic presidents in order to keep their own out of prison, and settled for endless congressional investigations—none of which needed any actual evidence of criminal behavior in order to proceed, an added bonus. Remember Benghazi? Eight congressional investigations, blowing well over $75 million, and even with corrupt Republicans running the show, couldn’t find evidence of any wrong doing, or even that a crime had occurred.

So from the get-go, Mueller know he could not indict Trump. Lacking the main element for his report, he had to feather the edges. With no power to indict, or even accuse, because Presidents are god-kings well above your stupid puny American laws, he instead listed the crimes (eleven dealing with obstruction of justice alone) and waited for a corrupt and cowardly Congress to do its job.

He must have felt quite lonely doing that.

Did he manage to drop the hint? Over a thousand federal prosecutors signed a letter stating that if they were presented with the evidence Mueller had in his report, and if it were anyone other than the godlike and invulnerable Lord of all the Americas, they would have handed down multiple felony indictments.

Of course, prosecutors have a job to do and understand how to do it. Congress merely needs to look like it’s anything other than the world’s richest landfill.

Impeachment is similar to indictment, in that it is a formal accusation of wrong-doing brought against someone. Where the job of prosecutors is a bit more difficult is that they have to show evidence a crime has been committed and link said crime to the accused. Congress merely needs to impeach for high crimes and misdemeanors. One Congress impeached a President for firing a member of his own cabinet; another, for being misleading about getting a blow job.

Impeachment is enough of a joke that even Congress can handle it. But these days, with a few exceptions, Congress is an even bigger joke, and we have to listen to screeds about the Loch Ness monster and howls that by claiming not to take a given action, a prosecutor is saying that he could do the action if he wanted, a farcical conclusion on the face of it.

Resolve to impeach Trump is growing, but not among the Faux News/GOP part of the country, who all share the Sean Hannity delirium dream.

Mueller faced a grueling pair of sessions, nearly eight hours of badgering and misrepresentation of himself and his former office. He turns 75 soon, and there were quite a few times when his age was evident, when he stammered and looked a bit lost. Of course the Republicans exploited this, zeroing in on queries that they knew he was enjoined from answering because they weren’t in the report or might cause damage to the country. Knowing Mueller to be hard of hearing, they played nasty little schoolboy games, either speaking so quickly, or far enough from the microphone, that Mueller was forced to ask them to “please repeat the question” over 150 times. Republicans remind us that all very young children are sociopaths. Same furtive sense of nastiness that makes them toss ladyfingers at the cat.

And of course, Mueller had to grapple with the biggest limitation of all: The simple declaration that evidence existed that Donald Trump committed multiple felonies and should be indicted. He isn’t allowed to say that. All he can do—all he could do—was present the facts to Congress, and let them decide.

And that had to be a very lonely feeling for Bob Mueller.

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End Game – It’s us or him

December 21st 2018

Even by the vicious, arbitrary, capricious and sometimes insane standards of the Trump administration, the past 48 hours were beyond belief.

First, there was the Michael Flynn sentencing. Judge Emmett Sullivan was expected to give the seditious and disgraced General a slap on the wrist as a result of supposedly very valuable evidence provided to the special council’s office in relation to Trump and Russia. But Flynn, whose common sense is the equal of his sense of loyalty to his country, ran his mouth to the press, whining that the FBI fooled him into thinking it was OK to lie to them because he thought the 11 separate interviews they hauled him in for were just friendly chats. Koffee Klatches. They talked about the latest Vogue magazine, you know. Just more proof the FBI was evil. Sullivan’s patience snapped, and he let Flynn know just how big a pile of human shit he really is, delayed sentencing, and let it be known if he spread any more right wing bullshit, he would be treated as a near-traitor.

That happened just a day after California Congresswoman Jackie Spier penned an op-ed for the San Francisco Chronicle titled, “Did Putin Buy Donald Trump?” She didn’t actually use either the word “traitor” or “kompromat,” but the concepts were definitely intrinsic to her narrative.

So now even the mainstream press is starting to use the word “treason” in relation to Trump. It’s about time.

Trump made Spier’s case for her by suddenly and unilaterally announcing that all troops would be pulled out of Syria, a sudden action that betrayed the Kurds (again) and no doubt delighted Putin. Make no mistake: I’ve argued for pulling troops out of Syria right along, but I don’t for an instant believe that Trump went about it the way he did because he gave a shit about the troops, let alone the Syrians who are dying by the thousands. He did it because Putin wanted him to. And time is running out for him to do stuff like that.

This in turn caused Jim Mattis to quit in disgust. No flowery language about it being an honor and privilege to serve Trump; just a letter that boiled down to, “I can’t help you, get yourself a defense secretary who will do your bidding.” I used to joke about how it came to be that the only adult in the Trump administration, the sane thoughtful one, was known as “Mad Dog” but that Mad Dog might be one of the very few to leave that benighted administration with his reputation as an adult and an American still intact.

It is scary to contemplate Trump’s foreign policy now that his only remaining advisor is John Bolton.

Then Trump blew up the Continuing Resolution. This was a kick-the-can-down-the-road measure to keep the government running while the ludicrous impasse over the Wall continued. Nothing too unusual there: it’s been pretty much what passes for Republican governance since 1993. They love America but hate the United States, and don’t want to pay for anything other than a big military and an economy that consists mostly in the form of raping the workers. So they’ve been running government by extortion, whittling down any stake Americans might have in their own country.

Trump, apparently upset that such intellectual luminaries as Ann Coulter and Rush Limbaugh no longer loved him, changed his mind after most of Congress had left for their indeterminable vacations, so the government will have a partial shutdown at least until January 10th. It will cost billions, and Trump should reflect on the fact that the Secret Service agents following him won’t be getting paychecks for Christmas.

Even the most stupid mob boss knows you gotta pay your muscle. But then, Trump is extraordinarily stupid.

The stock market is showing signs of a possible crash, having lost 4,000 points this past month. Investors are no longer confident we will survive Trump. That’s not a very comfortable thought.

Then there is the Whitaker thing. The swindler-turned-top-cop had a Department of Justice board of unknown parties say he was not required to recuse himself in the Mueller investigation, then they put out another statement an hour later saying he was supposed to recuse himself, and then an hour after that Whitaker said he was going to disregard the advice to recuse himself.

Kremlin watchers thought as of yesterday that Rosenstein was still overseeing the investigation, since Whitaker didn’t want to go to jail for obstruction, but was acting on the QT since if he did recuse himself, he would get the Jeff Sessions treatment. Now nobody knows that the hell is going on. In some ways, that’s the most terrifying development of all, since it smells like Trump is preparing to purge Mueller’s ass.

Finally, there was the Trump Foundation. A judge shut it down, effectively labeling it a criminal enterprise. I had to shake my head at the wonder of it all. Remember all those Republicans who prattled on endlessly about the Clinton Foundation because it took money (legally) from foreign concerns. For all the huffing, they couldn’t find any quid pro quo, unless you count the ridiculous conspiracy theory about the Canadian government selling uranium to Russia. (Would Trump hesitate to give Russia uranium if Putin asked him for it?). Are they apoplectic in rage over the open criminality of the Trump Foundation?

Hmm. Apparently not. Like cheating on wives or banging porn stars or blowing up the deficit or bombing kids in other countries, or screwing kids domestically, it’s only bad if Democrats are accused of it.

The people who worked directly for Trump aren’t the only ones who trashed their reputations; any Republican who whined endlessly about the Clinton/Obama “scandals” and is silent now can expect decades to pass before anyone wants to hear their thoughts on much of anything again.

Meanwhile, the country is now in deep crisis, and when Congress returns, it may have to put aside the budget and the wall and all that, and drive Trump from office.

It’s him or us.

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Comeuppance – Trump deserves one; America needs one

December 14th 2018

We’re at the point now where there is no longer any reasonable doubt that Trump committed dozens, perhaps hundreds of felonies in his sordid and tawdry life, and at least dozens following his decision to become President. At the very least, he turned his candidacy and presidency into a cash cow. At worst, he conspired against his own country with a hostile foreign power for personal gain.

Yes, I know: ‘Innocent until Proven Guilty.’ But he has admitted—even bragged about—a number of felonies he committed on Twitter. His personal lawyer and his campaign chair have pled guilty to felonies they committed at his behest. He is a liar. He is a thief. His presidency has been an utter disaster, one that has cost America, and Americans, dearly.

It’s the “much worse” items, the ones not already proven in a court of law, that should scare people. If he didn’t openly betray his country, he certainly betrayed the people who voted for him.

So what happens next?

Well, until the past couple of days, when the magnitude of the case against him became more evident, most Republicans and centrist Democrats were saying that impeachment was out of the question. I believed myself that until fear for their own futures outweighed their lust for power, Senate Republicans would never convict, no matter how compelling a case. It’s a sad state of affairs when most of the Senate is on the exact same level as the juries in those old Soviet show trials of the thirties.

It’s part and parcel of the Republican approach to the law in what is supposed to be a nation of laws. They are now openly contemptuous of the law—Orrin Hatch said yesterday that he simply didn’t care if Trump broke the law. He walked it back later, after discovering that the optics were bad, but you can be sure he still feels that way. Republicans sneer at the law, using it only as a device to attack Democrats and anyone else who doesn’t support them. We didn’t see those endless, fruitless investigations into the Clinton and Obama because Republicans loved and respected the law. They just wanted to use it as a cudgel if the found anything, and as a smear if they didn’t. Beyond that, they think the law is for suckers, for the little people.

We didn’t get to this point by accident. Nixon, who probably should have been hanged as a traitor, was dragged into the spotlight, accused of many lesser crimes, including perjury and obstruction of justice. The evidence was overwhelming, and he was forced to resign or be impeached. The nation breathed a sigh of relief. “Our long national nightmare has ended.” Remember that?

Then Ford pardoned him. Nixon would face no charges.

It was a body blow to American’s faith in the system. I remember that evening going to a coffee shop with a friend, and the waitress, who knew us as regulars, asked why we looked so down. “Ford just pardoned Nixon,” I replied. She snarled “Oh, goddammit” and threw the tray down. She ran out to the kitchen, and a few minutes later saw the manager walking her out, talking angrily to her. I was about to get up and defend her, tell the manager I said something that upset her and wanted to apologize but then saw the manager stop dead, stare at her, and as I approached, said, “Really? He did that?” He paused. “OK—clean that up, get back to work.”

It hurt America that that vicious dirtbag walk free.

Then George HW Bush did the same thing, issuing a raft of pardons at the end of his term, kicking the huge Iran-Contra case to splinters and letting many felons and traitors walk free. Instead of keeping his senile ass out of jail, Republicans felt free to talk about putting Reagan on Mount Rushmore, or replace FDR on the dime with their broken hero.

By that time, Republicans knew they were well above the law, but were free to abuse it to hurt others.

The people building the case against Trump know about Republican unearned privilege, too. That’s why a lot of the investigations have been taking place at the state level, where Trump’s power to pardon is annulled.

For Americans who haven’t drunk from the poisoned chalice of Republican entitlement, there is a sense of dread. Dread that Mueller, the Congress, and the other investigatory agencies might bring a damaged case that will let Trump and his minions off on a technicality (remember Ollie North?). The law-and-order crowd, who scream about people getting off on “technicalities” (such as police falsifying evidence, or browbeating simple minded victims into making false confessions) would just love it if Trump walked because a form was filed ten minutes after the deadline.

There remains the argument that a president shouldn’t be indicted. Trump named a ratfucker to the Supreme Court solely on the basis that said ratfucker believed presidents cannot be indicted, only impeached. Same ratfucker who fought for Jones vs. Clinton, upholding the right to sue a sitting president.

They dread that a trial might pull the country apart. A fair trial might; a biased trial certainly would.

They dread he’ll get a slap on the wrist. The sight of the near-treasonous Flynn walking while an abused 16 year old girl gets 51 years for killing her “owner” is a stark reminder of how fucked up justice is in the country, and how far the scales are biased in favor of rich white privilege.

And of course, they dread the pardon. Republicans have abused it to tear the soul out of the country, waitresses, soldiers, any honest person who wants an honest system. It’s possible that Pence will be indicted and convicted alongside Trump, since he’s tits deep in a lot of the emoluments violations, but will Pelosi, as president, have the resolve to allow justice to be done? Centrist Democrats are seen, with good reason, as being too accommodating and obliging to the fascist right, a party of Chamberlains who fail to grasp the nature of their adversaries.

This isn’t just a test of Trump and his sleazy criminal gang; it’s a test of the country, and the countries resolve to administer justice to the rich and powerful.

If they blow it again, that will be strike three.

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