Tag Archives: Giuliani

Trump Can’t Walk Back His Racism

No one paying attention will likely ever forget Trump’s response to the neo-Nazis marching with torches in Charlottesville: “very fine people [pause] on both sides.” There are many older examples but the one getting the most attention today is Trump’s refusal to reject white supremacy during the first presidential debate on September 29. Pressed by the moderator and by Joe Biden, Trump first tried to deflect by asking who specifically he was being asked to condemn. Biden promptly replied, “the Proud Boys.”

Like the attack on Pearl Harbor, Trump’s response will live in infamy: “stand back and stand by.” Like many other astounding statements from Trump, it’s on video and can’t be denied. But that never stops the Republicans from finding some path to altered reality other than the obvious need to admit that their candidate is a racist and is ready to call for violence in order to stay in power. Trump’s debasement of the presidency and destruction of American democracy are now fully out in the open.

The GOP autocracy/theocracy is bending itself into pretzels trying to cope with the exposed reality that their candidate is a racist monster who represents everything antithetical to the American values Republicans are constantly harping about. Politico.com reports the story. https://politi.co/34eExdZ

Senate Republicans spent much of Wednesday pressing President Donald Trump to denounce white supremacy, with few in the GOP willing to explicitly defend his refusal to do so during Tuesday’s presidential debate.

Trump’s unsubtle dog whistle was understood by the Proud Boys and other right-wing neo-Nazi groups exactly as it was intended. Many of them tweeted, in essence, “we await your orders to attack.”

Several pathetic deflections ensued. One suggestion was that Trump didn’t understand the question, or that he “misspoke,” which is preposterous to anyone who saw the event or the video of it. Then, Trump tried to say he didn’t know who the Proud Boys are, which is a lie. He was quite clear at the time. If he wanted to escape unscathed, he could have said, “I don’t know them, but I am opposed to white supremacy in all forms at all times.” But, he didn’t.

Politico again,

In a series of interviews and public statements Wednesday, Senate Republicans pushed Trump to clarify his comments, with party leaders and the rank-and-file eager to put distance between themselves and the president’s stance.

Senate Majority Leader Mitch McConnell (R-Ky.) said that he shared the same views as Sen. Tim Scott (R-S.C.), the only black GOP senator, who urged the president to correct his comments.

The suggestion that Trump’s remark can simply be “corrected” betrays the Republican perfidy in this entire subject. To them it’s just a question of what they can get away with and if exposed, “correcting” the comments fixes everything. But it doesn’t.

There are certainly gaffes and mistakes that everyone makes. This was not one of those. Given Trump’s history, it was virtually certain to arise in the debates one way or another and it is unimaginable that Rudy Giuliani and Chris Christie, Trump’s two primary debate preparers, did not address this with him. He knew it was coming, obviously didn’t like it but, visibly squirming, he said what he meant. Rick Santorum, the ever-reliable Trump toady who remains, for no apparent reason, a CNN commentator, objected that the question was unfair because the moderator knew how much Trump hates having to criticize his political base. If Santorum understands that Trump’s base has huge racist elements, you know all you need to know.

The Trump toady-in-chief, Senate Majority Leader Mitch McConnell, certainly understood it:

…McConnell said Trump’s performance in the debate wouldn’t hurt his efforts to keep the Senate: “I don’t know of any of my colleagues who will have problems as a result of that.”

Other GOP lawmakers, such as House Minority Leader Kevin McCarthy (R-Calif.) and Sen Kelly Loeffler (R-Ga.), lately of insider trading fame, tried to deflect the criticism, arguing that Trump had said he would designate the KKK as a terrorist group. He hasn’t, of course, and we know why.

Former New Jersey Gov. Chris Christie, lately of Bridgegate fame, downplayed the alarm many had to the president’s remarks, saying on ABC’s “Good Morning America” that he “heard it differently.” Uh huh. Pressed, Christie performed the pretzel twist with the claim that he  “didn’t read it that way, but if you want to read it that way that’s your prerogative,” insisting there was “confusion on the matter.”

Apparently, the White House believe-anything-he-tells-you-even-when-it’s-obviously-false” team didn’t get the Christie memo. Per Politico,

Alyssa Farah, the White House communications director, meanwhile told Fox News that “I don’t think that there is anything to clarify” from Trump’s comments the night before.” He’s told them to stand back,” she said, pointing to the president’s efforts to tamp down violence in cities across the country.

Farah conveniently ignored the “and stand by” half of Trump’s response.

Meanwhile, over at “Fox & Friends,” co-host Brian Kilmeade, always there for Trump, was quoted saying, “Why the president didn’t just knock that out of the park, I’m not sure.”  But, of course, he is sure. Trump is a racist and ignoramus. Trump believes that ‘antifa’ is some kind of organization bent on destroying America, a view even Trump’s own Justice Department, led by Trump’s personal consigliere the Attorney General William Barr, does not accept.

House Speaker Nancy Pelosi (D-Calif.) hit the nail on the head: “I think one thing he did present was the authenticity of who he is.”

We all know, I think, that public speaking is stressful, all the more so if much is at stake. If you have looked out over a large audience with expectant, perhaps even hostile, faces, you can understand how extemporaneous responses to questions can lead to regretful misstatements.

On the other hand, when you’re a public figure who has been  prepped and practiced and are aware of past issues and challenges with statements you’ve made, it is not too high a standard to expect certain things. First and foremost is ‘truth.’ We can accept and forgive dumb remarks, factual mistakes, failed memories over details and statistics. Those things happen in extemporaneous public speaking all the time.

The “stand back and stand by” comment by the president of the United States, almost four years into his presidency, is not in that class. Trump has history on this question. As Yogi Berra famously said, “it’s déjà vu all over again.”  Trump sent a message to the worst elements of his political base that he may call upon them to violently attack either the government or elements of the electorate he considers his enemies. They got the message loud and clear.

There is no walking this back, as the politicians like to say. Some things simply can’t be unsaid. Even if, under pressure from his Republican enablers in Congress, Trump were to categorically assert that he didn’t mean what he said, it’s too little too late. Everyone now has the clearest statement of Trump’s loyalties and they are not to the Constitution he swore to uphold. His loyalties are to himself ahead of everything and everyone else. The most remarkable aspect of this is that those same enablers do not accept Trump’s own version of himself. Or, maybe they really do and just don’t care.

Either way, the election draws closer by the day. Trump’s debasement of the highest office in the land will continue unless and until he is removed, one way or the other. You know what to do.

Impeachment – Why and What?

I recently heard that a friend of mine was confused about the impeachment process now underway in the House of Representatives. I will try here to clarify, in simple English and without legalisms, what is going on and why.

The president is currently subject to an “impeachment inquiry” started by a resolution of the House of Representatives. The “inquiry” is a fancy term for an investigation. That investigation is about the question whether the president in his dealings with Ukraine committed “treason, bribery or other high crimes or misdemeanors,” that are the criteria for impeachment in the U.S. Constitution. If impeached (by the House adopting articles of impeachment) and convicted (by the Senate finding that the asserted crimes in the articles are true), he may be removed from office. Since he is still president during this process, he cannot be indicted (according to the Department of Justice). Once removed, however, he can be indicted, tried, convicted and sent to prison for crimes committed while in office.

The investigation is being conducted through two main processes.

The first process is the gathering of evidence through testimony-under-oath by various witnesses who have been subpoenaed (ordered to appear) or have volunteered to testify. Initially, those depositions (taking testimony under oath recorded verbatim) were conducted in private sessions open to members of the three investigating committees from both parties. Despite the opportunity to be present and ask questions, Republicans have complained bitterly about what they hysterically and falsely called “secret” sessions, even to the point of storming into one of the sessions in a group, violating the security requirements that apply to the site of the depositions.

The second process is the public hearing phase, now being broadcast on many TV stations, in which the same witnesses are called to be examined in public, again by both Democrats and Republicans. Now the Republicans, including the president himself, are bitterly claiming that the hearings should not be public. In the end of their rhetoric, what the Republicans want is to shut down the impeachment process entirely. That is not going to happen.

Why, then, is this impeachment inquiry happening? The essence of it is that Donald Trump tried to use Congressionally approved funding to help Ukraine defend  against further military incursions by Russia and also the prospect of a meeting with Trump for the newly elected Ukraine president (Zelensky) to leverage Ukraine’s new leadership to announce investigations into the then-leading challenger to Trump’s re-election, Joe Biden. The immediate target of the investigation would be Biden’s son, Hunter, who was, for a period, being paid $50,000 a month to sit on the board of Burisma, a Ukrainian energy company. Republicans claim that this arrangement was part of the historic and endemic corruption that has afflicted Ukrainian political leadership for a very long time, but thus far no evidence has turned up to indicate that either Joe or Hunter Biden broke any laws.

All this is complicated by a number of details that are not central to the issue of what the president did, but they certainly illuminate his motives and explain his conduct. For one, Trump used his personal attorney, Rudy Giuliani to engage with the Ukrainians and to promote false conspiracy theories about the Biden’s and to lead a smear campaign against the sitting U.S. ambassador to Ukraine, Marie Yovanovitch. Trump eventually fired her without notice or explanation.

There are many other characters in this drama, some with long titles and long histories as diplomats in the U.S.-Ukraine relationship. Republicans have attacked many of these people because they obtained some or all of their information about Trump’s campaign against Biden through other sources. Indeed, the initial report that started all of this came from an anonymous whistleblower. The Inspector General of the Intelligence Community within the Office of the Director of National Intelligence reviewed the whistleblower’s report and found it credible and disturbing. The impeachment inquiry followed.

It is important not to be distracted by the efforts of Republicans to focus the fight on side issues, such as the identity of the whistleblower or the “hearsay” nature of some of the evidence against Trump. The most damaging evidence was direct and produced by Trump himself, in the form of a memo (not a transcript) of his call with Ukraine President Zelensky in which Trump called on Zelensky to start the investigation. There is much additional testimony from Trump appointees, like Gordon Sondland, U.S. Ambassador to the European Union, who personally participated in the leveraging of Ukraine.

The impeachment may be broadened before it’s over. One example comes from the Mueller investigation. Mueller’s final report found 10 instances of obstruction of justice by Trump and/or members of his staff and administration. These may, and in my opinion definitely should, be included in the forthcoming articles of impeachment. A second major example is playing out in the courts now – Democrats in the House are seeking  access to many of the redacted materials in the Mueller Report that may show that Trump lied to Mueller and is thus guilty of the high crime of perjury.

So, the impeachment is pretty straightforward when the Republican smoke is cleared away. Trump tried to induce Zelensky to publicly announce a Ukrainian investigation of the Biden’s to damage Joe Biden’s challenge to Trump’s re-election. The evidence on this is clear. He did it. The evidence of obstruction of justice in the Mueller Report is also clear. The House of Representatives is collecting the evidence and presenting it through public hearings. Eventually, when the hearings are completed, the House will have the opportunity to vote on “articles of impeachment.” These are like a criminal indictment. They will state the specific charges of “treason, bribery or other high crimes and misdemeanors” that the House leadership believes are the basis for impeaching the president.

If the articles are approved by a majority vote in the House prior to the 2020 election, the impeachment moves to the Republican-controlled Senate for “trial” to determine if the president is guilty of the charged offenses and, if so, what the penalty should be. This process will be controlled entirely by Republicans and, absent a massive change in positioning, Republicans will refuse to convict the president regardless of the charges and regardless of the evidence.

The question of judging Trump’s conduct in office will then move to final determination in the election of 2020.

Mueller Report Part II – Trump Guilty of Obstruction of Justice – F

F. The Inexplicable Treatment of Trump’s Personal Attorneys & Other Enablers

Another unexplained aspect of the Report relates to Trump’s use of his personal attorneys (never identified) to communicate with Flynn and his attorneys. Trump’s personal counsel appear a number of times in the report. II MR 121-122. A fair interpretation of this evidence is that Trump used his personal attorney to try to influence Flynn’s cooperation with the SCO, first with cajoling about how Trump cared about him, then with implied threats about Trump’s presumed anger. A further fair argument can be made that Trump’s personal counsel was a knowing participant in an obstruction effort. Why is this not at least mentioned in the Report?

The Report relegates to II MR-122, n. 839 the extraordinary decision not to try to interview Trump’s personal attorneys “because of attorney-client privilege issues.” Given the active role those lawyers played in some of Trump’s obstructive acts, it is hard to understand a decision not to try to learn something from them. Attorney-client privilege does not protect an attorney who is participating in a criminal enterprise. This is known as the crime-fraud exception to the general privilege rule. If Trump’s personal counsel were actively and knowingly participating in an attempt to obstruct justice by, for example, influencing Gen. Flynn’s testimony or by attempting to unlawfully procure the firing of the Special Counsel, the privilege likely does not apply. It is, moreover, inconceivable that Trump’s attorneys acted on their own without consulting their client. We are left to speculate as to why Mueller did not pursue this seemingly fruitful source of information.

We can’t be sure, of course, whether to credit Rick Gates assertion that Paul Manafort had talked with Trump’s personal counsel and been assured that they would be “taken care of” if they did not talk to the SCO. Mueller, however, clearly believed Gates’ account of these conversations with Manafort. II MR-123 & n. 848, 850. This is a subject that could have been pursued directly with Trump’s counsel if Mueller had been more aggressive in seeking the full body of evidence rather than simply assuming that the privilege would be upheld.

One of Trump’s personal attorneys during this period was Rudy Giuliani who gave multiple interviews in which he suggested Trump might pardon Manafort, then, following the classic Trump playbook, claimed he was misunderstood and not signaling anyone. II MR-124. This was fertile ground to discover whether Trump and Giuliani had mapped out this strategy to obtain Manafort’s silence or other forms of cooperation. A good argument could be made that Trump-Giuliani had waived the attorney-client privilege when Giuliani told the Washington Post that Trump had consulted his attorneys about granting pardons to Manafort. II MR-127. Manafort had some kind of joint defense agreement with Trump and was coordinating his Mueller interviews with Trump’s attorneys. II MR-127. That fact alone warranted taking Giuliani’s testimony under oath. It is all the more compelling because Trump publicly contradicting Giuliani’s statements. II MR-128. Instead, Mueller concludes that the evidence on Trump’s personal participation in all this was inconclusive (II MR-132), an amazing conclusion in light of his decision not to press for an interview of Giuliani and/or Trump.

Mueller digs deep to find alternative explanations for Trump’s comments about the treatment of Manafort. II MR-133. In the totality of circumstances regarding Trump’s repeated litany of claims that he and others were being treated unfairly, this is astonishing, especially considering that at times Trump claimed he knew very little about what these people did for him and the campaign. Normally you can’t have it both ways but Mueller lets Trump get away with it.

Note that there are substantial redactions in this part of the Report for Harm to an Ongoing Matter, suggesting that additional investigations have been farmed out to the US Attorneys’ offices. II MR 128-130.

Trump’s personal attorneys played a further role in Cohen’s false testimony to Congress. II MR-139. A joint defense agreement existed between Cohen and Trump plus other unnamed individuals involved in the Russia investigation. II MR-139. The identity of all the other individuals is not revealed in the Report. Why is this not addressed? The president’s personal attorney played an active role in assuring Cohen that his loyalty to Trump would be rewarded. II MR-140.

Despite the fact that drafts of Cohen’s false testimony to Congress were discussed with members of the Joint Defense Agreement and that false testimony to Congress under oath is a crime, Mueller did not see the drafts because of concerns about the common interest privilege. But it is not clear who raised those concerns. This is another example of Mueller seeming to act as counsel for the defense.

Perhaps because Cohen was in almost daily contact with Trump’s personal attorney about Cohen’s Congressional testimony, Mueller, in this one case, indicates an attempt was made to interview counsel. But the counsel declined, citing “potential privilege concerns.” II MR-143. What precisely those concerns were is not explained. Nor is there any indication that the SCO aggressively pursued this obviously important testimony about an agreement to suppress truthful information being sought by Congress. Who exactly is the “President’s personal counsel” that is referred here? Is it the same person throughout? Trump hired and replaced many attorneys during this time. Why does the SCO not identify these people by name?

This is not the normal or effective way to handle privilege disputes. The privilege-claiming party should be presented with the questions and compelled to explain with specificity why each question cannot be answered even in part because of privilege. Mueller may have gone through this exercise but there is no evidence of that anywhere in the Report.

Further puzzling issues arise from Mueller’s failure to pursue Robert Costello who, in the period following the raid on Cohen’s home and office, was used as a go-between connecting Giuliani and Cohen and assuring Cohen of Trump’s continued favor. II MR-146. Costello’s offering to support secret communications between the White House and Cohen appears to have been of no concern at the SCO. One question is which personal counsel to the President was assuring Cohen that if he continued lying, Trump would protect him? Why does Mueller protect the identity of President’s personal attorney engaged in a cover-up and overt acts of witness tampering/obstruction of justice?

 Beyond that, Mueller accepts that Trump’s personal counsel was working with Cohen on false testimony to Congress but does not attribute that conduct to Trump and never goes after the counsel for aiding & abetting false testimony or giving message to Cohen that he would be protected if he stuck to the party line. Why was Mueller so reticent about these compelling facts that do not appear to be disputed? Faced with an apparent conspiracy to submit false testimony to Congress, resistance by Trump & by his personal attorney (who refused to provide his version of his conversations with Cohen who was not his client and thus not covered by any plausible claim of privilege), Mueller simply assumed he couldn’t get evidence about Trump’s discussions with his personal counsel and didn’t even try to pursue this line. II MR-154. No presumption of privilege should attach to conspiracy to commit a crime. Mueller’s unwillingness to tangle with Trump’s personal attorneys is inexplicable and unconscionable malpractice. Why was Trump’s personal attorney not charged with suborning perjury in connection with Cohen’s false testimony that Trump’s personal attorney helped facilitate?

Mueller’s approach is particularly disturbing because Trump refused to answer the written questions posed to him about the Trump Tower meeting. II MR-149. What Trump did say was that he couldn’t remember his conversations with Cohen. After Cohen pled guilty to lying to Congress about the Trump Tower meeting, Trump refused to provide any more information about his role and turned sharply against Cohen. II MR-151. Thereafter, Giuliani made public statements that conflicted with what Trump was now saying, then “walked those back.” II MR-152. Mueller seems completely bamboozled by all this, unable to make the obvious conclusions.

Trump refused to clarify what Mueller calls the “seeming discrepancy” between his statements about the Trump Tower project in Russia made before and after Cohen’s guilty plea. Mueller engages repeatedly in speculation about what Trump might have meant rather than concluding that, having declined the opportunity to set the record straight, Trump should be estopped to deny the discrepancy and to deny what Cohen said was the truth eventually.

I have asked repeatedly in these evaluations of the Mueller Report why Trump’s enablers were not indicted. Mueller addresses very briefly at II MR-158 where he leaps a giant chasm of evidence to conclude that because a few of Trump’s aides refused to carry out his blatantly obstructive orders, virtually all of them were allowed to walk away unscathed, including Trump’s personal attorneys and others who, according to undisputed evidence, did carry out Trump’s orders to try to intimidate witnesses, terminate the SCO investigation and other forms of interference detailed throughout the Report. Mueller calls the “pattern” one in which Trump’s enablers resisted his obstruction directives, but the evidence adduced shows that in most cases the White House staff did exactly what Trump wanted them to do. The “pattern” is the exact opposite of Mueller’s conclusion.

The Mueller Report ends with a lengthy, lawyerly analysis of the statutory and constitutional defenses asserted by Trump’s attorneys. The analysis is unobjectionable and supports not only the conclusions Mueller did reach but re-emphasizes the lingering questions about the conclusions he declined to reach. In particular, we are left to wonder why so few of the obvious enablers of Trump’s overt obstructive acts were not held accountable. Mueller’s treatment of “presumption of privilege” issues is inexplicable, given that much of the enabling activity was in support of federal crimes. We can only hope, though likely in vain, that Congressional hearings will flesh out the hanging questions.

The Silence of the Wolves – Profiles in Cowardice

As reported in the Washington Post, Republicans in Congress, who swore an oath requiring, among other things, that they execute their constitutional duties as a check and balance against the Executive Branch, have once again shown their lack of integrity, responsibility and courage by refusing to even talk about Trump’s attacks on Omarosa Manigault Newman whom the president of the United States called a “dog,” among other things because she wrote a “tell all” book about her time in the White House.

Sen. John Cornyn (R-Tex.), second ranked Republican Senator, reportedly said,

“I’ve got more important things on my mind, so I really don’t have a comment on that.”

When asked whether any of Trump’s statements on race made Cornyn uncomfortable, the good senator said,

 “I think the most important thing is to pay attention to what the president does, which I think has been good for the country.”

What those great deeds are is left to our imagination. Cornyn’s deflection of the question translates to “I don’t mind if the president is a racist as long as he does other good things,” presumably referring to the tax cut, one of the few clear legislative acts Trump has led into law. He refused to talk about what his constituents think about Trump’s remarks, calling the question “an endless little wild goose chase and I’m not going there.” Yessir, the question whether the president of the United States and the leader of your party is a racist is of no importance compared to a deficit-exploding tax cut for the rich. Well played.

The Post says it “reached out to all 51 Republican senators and six House Republican leaders asking them to participate in a brief interview about Trump and race. Only three senators agreed to participate: Jeff Flake of Arizona, David Perdue of Georgia and Tim Scott of South Carolina, the only black Republican in the Senate.”

Flake had negative observations about Trump’s long history of racist remarks (“it’s been one thing after another”), but, of course, Flake is “retiring” at the end of his term so it’s pretty easy for him to “stand up” to Trump, particularly when he is not being asked to actually vote on anything.

Sen. Bob Corker of Tennessee, another Trump sometime objector (he almost always voted as Trump wanted) who is leaving Congress in January, was also critical of the “divisive” approach on racial issues: “I think that’s their kind of governing. I think that’s how they think they stay in power, is to divide.”

The most remarkable thing about all this is that “Several other lawmakers said they did not like some of Trump’s language, especially on race, but did not consider Trump to be racist.” Hmmh. You can talk like a racist all day but still not be one?

This insight makes one wonder how a Republican identifies a racist. If it’s not their words, what are the hallmarks of a real racist? White robe with eye holes? They burn a cross in your yard? They lynch you?

The Post reports that,

 “Sen. John Thune (R-S.D.), the No. 3 Republican in the Senate, said Trump’s description of former black adviser Omarosa Manigault Newman as a “dog” was “not appropriate, ever.” But he stopped short of pointing to a time when he felt the president had crossed a racial boundary.”

“I just think that’s the way he reacts and the way he interacts with people who attack him.” ….“I don’t condone it. But I think it’s probably part built into his — it’s just going to be in his DNA.”

So, another insight into Republican “thought processes.” You can have racist attitudes in your DNA but that doesn’t mean you’re a racist. No wonder Republicans are anti-science and think climate change is a hoax.

We have to recognize and call out racism when it is found and regardless of how it is manifested. The Post reported that “In a January Washington Post-ABC News poll conducted immediately after Trump called African nations “s—hole” countries, 52 percent of Americans said Trump is biased against black people. But among Republicans, 16 percent said Trump is biased against blacks while 79 percent said he was not.”  [emphasis added]

To make matters worse, the Post says, “The president’s defenders say that he is not racist nor is he exploiting the country’s existing racial divisions. Rudolph W. Giuliani, the president’s lead lawyer for special counsel Robert S. Mueller III’s ongoing Russia probe, noted several prominent African Americans with whom the president gets along.

“If the presidents likes you, he likes you — white, black, whatever,” Giuliani said. “He’s not a fan of Omarosa, but he’s become a fan of Kanye West. He likes Tiger Woods, but he doesn’t like LeBron James.”

So, yet another insight. The president is not a racist because “some of his best friends are black.” Uh huh.

And here’s another insight. Ari Fleischer, former press secretary under George W. Bush, reportedly believes that while Trump is wasting opportunities to woo minority voters, there exists a “line between being a boor and being a racist.”

So, making racist comments is just being boorish. Like spitting out an olive pit at a Republican cocktail party. Totally uncouth. Fleischer went on to blame Democrats for claiming all Republican candidates are racists. They lack credibility on the race issue, he said.

Talk about deflection: “yes, my boss, the president, makes constant racist-like remarks but since you are always upset about racist-like remarks, the fault lies with you and not with him.” Remarkable.

So, I hope this little trip through Republican land has illuminated your thinking about what shows that one is a racist. Republicans seem more than a little confused on the question, but not the rest of humanity. If you’re near any Republicans and you happen to be African-American, Latino, an immigrant, almost anything but a white male, watch your back.

Laugh Until You Cry

An article in Newsweek by Emily Zogbi at https://bit.ly/2MppR5G, entitled Trump And Money: The Court Case That Could Blow His Finances Open,” reports that the Justice Department is resisting discovery requests by the plaintiffs (the State of Maryland and the District of Columbia) in a case claiming that Donald Trump’s continued business connection to the Trump International Hotel in Washington is resulting in violations of the Emoluments Clause of the Constitution.

The Emoluments Clause says, in pertinent part:

“…no Person holding any Office of Profit or Trust under [the United States], shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.”

An “emolument” has been broadly defined by the judge in the case as “any profit, gain or advantage of more than de minimis value, received directly or indirectly.” https://bit.ly/2BoIJwi

This approach, consistent with the historical roots of the Emoluments Clause, raises the issue whether Trump is benefiting financially from foreign firms and officials who choose now to stay in his hotel when visiting Washington.

The dispute over discovery relates to Donald Trump’s financial records and, since discovery is normally broadly permitted if it is likely to produce or lead to the production of admissible evidence regarding the matters at issue, there is likely panic in the Trump legal team and the White House. What Trump and his lawyers are most afraid of is that the document discovery will compel the release of his tax returns that he promised repeatedly he would disclose, then recanted, along with most other transparency commitments.

Now, here’s the laugher: the cited article notes that “the Justice Department objects to any “discovery” on a sitting president.” because “any discovery would necessarily be a distraction to the President’s performance of his constitutional duties.”

This “distraction” argument might have some force in some case (it didn’t concern the Republicans during the Clinton impeachment proceedings), but it’s a pathetic joke when applied to Donald Trump. It is undisputed that the president spends hours a day watching Fox News and similar right-wing propaganda sources, not to mention his Twitter habit, whereby he tweets constantly when events don’t go as he likes. That is virtually every day – in the past 24 hours, it appears he has issued at least 17 tweets, attacking people and newspapers, proclaiming his innocence of crimes and more. And, of course, there is his golf habit. As of March 2018, Trump spent almost 25 percent of his time at one of his golf courses. https://cnn.it/2FPWwL4 He reportedly refuses to read briefing books, or any books actually.

The argument that divulging his financial records, which Trump himself almost certainly never personally touches, is preposterous in light of Trump’s daily habits. The small amount of time required for Trump to participate in the document discovery process can be deducted from his daily TV, ranting and golf time without interfering one bit with the performance of his real responsibilities as chief executive of the United States.

By the way, this situation does not fit into the phony narrative spewed by Rudy Giuliani today on a TV interview in which he said, “truth isn’t truth.” His cited proof was a conflict of statements between Trump and James Comey. Giuliani’s argument is ludicrous for multiple reasons. Two of them are: (1) the President is lying and Comey is not; therefore, there is truth in what Comey said, regardless of Trump’s denials; (2) if there is no truth, then Trump’s declarations of innocence are all false and he is guilty of, among other things, obstruction of justice, collusion with a foreign power to interfere with a national election, violations of federal election laws and treason.

Manifestly, a conflict about whether an event happened or a statement was made does not mean there is no truth. It means there is a conflict that must be resolved and one of the ways we do that in litigation is through discovery. The gang of autocrats and enablers in the White House can’t have it both ways just because a lawyer says “yes is no” and “up is down.” That may have worked in the Humpty Dumpty tale, but not in real life. If Giuliani’s position that all statements about facts are equally true, even if in direct and irreconcilable conflict, he has walked his client into yet another legal dead-end.