Tag Archives: Trump

Trump Orders Three Dragons Sent to Puerto Rico

Faced with growing criticism about his ignoring the humanitarian crisis in Puerto Rico following Hurricane Maria, President Trump, according to sources in the White House, ordered three dragons sent to Puerto Rico to re-establish law and order and help with recovery efforts.

According to inside sources, speaking anonymously because they are not authorized to talk about the U.S. dragons, the President became enraged when informed that one of the dragons was out of commission and that the others were on break following some taxing fire-breathing in a battle that the Pentagon is denying ever happened. “Dammit to hell, this is what happens when you let the Dothraki into the military!” Trump was reported to have said. No one knew owning dragons could be so complicated. No one on the White House staff will even admit that the U.S. has dragons, probably fearful of tipping off North Korea.

Trump told one source that he was planning a personal visit to Puerto Rico to assess the damage, but that he couldn’t go until he completed his next golf round at Mar-a-Lago, scheduled for next Thursday. “Scott Pruitt, Steve Mnuchin and Tom Price are flying down to play with me and it’s very important, believe me,” Trump said. “Each of the Cabinet members will be taking a separate private jet, for, you know, security reasons.”

Asked about his relationship with Price, Trump grumped, “Hell, I didn’t fire Jeff Sessions for lying to Congress and then refusing to cover me on the Comey thing, so why would I would fire my buddy Price over a little thing like a private airplane trip or two. Hell, I fly private all the time and look at me, I’m the damn president.” [see  BREAKING NEWS ITEM AT THE END]

When told that the 3.4 million people in Puerto Rico were American citizens, Trump was incredulous. At last report the president was planning a weekend tweet-storm to distract attention from Puerto Rico. At press time the subject of the tweets was still undecided.

Unfortunately for Trump, and American taxpayers, a fourth member of the Trump Cabinet, Ryan Zinke, Secretary of the Interior, was also implicated in the luxury travel scandal, which he called “a little BS.” Zinke was interviewed while bailing hay for three of the horses kept in his $500,000 private stable which is accessible by elevator directly from his office at the Interior Department. “Look, I bail my own hay so the government won’t have to pay for it.”

The president said he had tried to speak with Scott Pruitt about his use of luxury travel for government business but Pruitt was inside his private in-suite $25,000 soundproof booth and could not be reached by his staff or anyone else. No one knows who he has been talking to in there.

It is expected that the subject of dragons for Puerto Rico will be discussed at a high-level meeting at the Pentagon this weekend. Trump will miss the meeting but probably will get a briefing some time when it’s convenient. Meanwhile, he has assured everyone that things in Puerto Rico are coming along just great.

BREAKING NEWS:  Tom Price has resigned. Another of the president’s “men” is out. The exodus continues. Can Pruitt and Zinke survive under these circumstances? What about Mnuchin? What about Mnuchin’s wedding? What about Jared’s emails? What does Zinke’s horse know? Why does Pruitt need a battalion of Secret Service protection? Is he afraid of Trump? When will enough be enough?

Once More into the Breach, Dear Friends

Unchastened by multiple past failures of leadership and intellect, the Republicans in Congress have signaled their intention to bring one more piece of “repeal Obamacare” legislation to a vote before the month is out, so as to secure the benefit of a 50-votes-wins procedure. This time it’s the Graham-Cassidy version that would replace the Affordable Care Act with block grants to the states which would then be free, individually, to permit insurers to effectively price out of existence the coverage for pre-existing conditions that is now mandated by federal law. They will do this even without scoring of the impact by the Congressional Budget Office.

Thus, each state that chooses to support the Republican goal of undermining access to health insurance for Americans in order to secure some vague idea of “fiscal responsibility” and, more truthfully, to stamp out perceived federal support for such practices as abortion, can do whatever it wants with access to health insurance. This, notwithstanding that all polling shows a substantial majority of Americans favor key elements of Obamacare protections, including coverage for pre-existing conditions.

This effort is urged on the Republican Party by its putative leader, Donald Trump, who hates everything associated with Barack Obama and is determined to remove all vestiges of Obama’s presidency from the face of the earth. Trump thinks he can’t lose here because he promised his so-called political “base” that he would get rid of Obamacare. If he succeeds, and the base delusionally concludes it’s a victory for them, Trump is a hero. If Congress cannot deliver the bill to him for signature, Trump still sees himself as the winner because it is Congress’s failure, yet again, that has denied him fulfillment.

And nothing is more important to Trump than winning. So far, his presidency has failed in almost every significant initiative it has attempted, so Trump is desperate to accomplish something, anything, regardless of the consequences.

It is time, once again, for the people to rise up and reject this outrage by demanding in the clearest way possible that every member of the Republican Party in Congress vote against this monstrosity. Almost all of them will disrespect the will of the people, of course, because in the end they don’t give a damn about the people. But there are a few, literally only a few, Republicans who have previously shown the courage and humanity to stand apart from the rest of the drones.

Here we have Senators McCain (Arizona), Collins (Maine) and Murkowski (Alaska). It comes down to the same three people to demonstrate the moral fiber and independence of thought and action that history now demands of them. Senator Paul of Kentucky has already said he is opposed to the bill, but you can’t count on him to stay that course. He hates the Affordable Care Act almost as much as Trump does.

Everyone who cares about this should lay down a barrage of calls, emails, tweets and posts calling on those three to stand, once more, as the bulwark against the depravity of the Republican Party and its attempt to deny tens of millions of Americans any modicum of real access to health insurance.

Trump Makes It All Clear – He is a Traitor to American Values

I don’t know if I have anything important to say that has not already been said by the dozens, perhaps hundreds, of writers, commentators, pundits, Tweeters and others who are repelled by the overt alliance of the President of the United States with white supremacists and so-called alt-right neo-Nazis. Nevertheless, I must write about Charlottesville.

As background you may want to revisit my related post at https://shiningseausa.com/2017/05/09/visiting-holocaust-museum/

I am an old white man, the beneficiary of white privilege. A beneficiary of the reduced competition for jobs and other societal benefits by virtue of the systematic and relentless suppression of blacks and other minorities over the more-than-a-century since the end of the Civil War. I am the beneficiary of the sacrifices of millions of people, citizens, soldiers, doctors and many others who gave their time, their career opportunities, parts of their bodies and minds and, of course, their very lives to prevent the Nazis of 1930s-1940s Germany from dominating the world and destroying absolutely and finally what they believed were inferior cultures. If you reflect on this, you too should be aware of these “gifts” from past generations that have made your life of privilege possible.

These gifts were not intended to preserve America for white people alone, but to protect the country, and its culture, from destruction at the hands of a delusional lunatic who preyed on the fears of his countrymen to create a killing machine of unparalleled cruelty that still defines the phrase “crimes against humanity.” Despite that, it is also true that, at the time of World War II, the United States itself still practiced multiple forms of overt institutional and legally-reinforced racial discrimination. The country had not yet come to grips with its conflicted legacy of democratic values and abuse of non-whites. The post-War recovery, however, helped create conditions in which the discriminatory “rules” of Jim Crow were rejected and the American values expressed in the Declaration of Independence and the Constitution began to take hold.

The process was not peaceful. If you recall the aftermath of the Supreme Court’s decision abolishing school segregation, many whites resisted violently the idea that minorities, primarily Blacks at that time, would be given opportunities equal to those they and their ancestors had enjoyed all their lives. Violent resistance to the Civil Rights Movement was powerful but gradually, over years, the progressive forces favoring equal opportunity were successful in inserting the founding principles of the country into legislation and court decisions.

Slowly, the American creed, reflected in pledges of allegiance and other rituals that I recall from my earliest school days, became reality. Blacks and other minorities began to secure employment previously reserved to whites. They began to run for public office and to win elections. Eventually, the country elected a black man to be President of the United States.

Many liberals concluded that racism had largely been banished from American society. They were wrong. The election of Barack Obama seems to have been a turning point, inspiring a broad-based rejection of the progressive ideas he espoused. The leadership of the Republican Party made clear they would stop at nothing to prevent him from being successful in leading the country. They fought him at every turn. And the forces of conservative Republican hostility captured control of a majority of governorships and state legislatures.

And then they elected Donald Trump to the presidency. Trump is seemingly oblivious to history and incapable of making even rudimentary distinctions between dissimilar events. Charlottesville is just the latest example, but it establishes beyond doubt that Trump is, deep down, a racist.  Or, if, as many of his supporters have argued, he is just playing politics to please his base and “really doesn’t have a racist bone in his body,” then he is a racist. You cannot play the role in real life and escape the label. Behave like a racist and you are one. No matter what you may “believe” deep down.

In Charlottesville, there were two different but related phenomena involved. One was the desire of some people to oppose through protest the removal of Confederate memorials that they claim to believe are legitimate and valuable elements of American history worthy of open public preservation. I disagree vehemently with that view but I can understand how some people of good will might disagree and hold an intellectually opposite, but honest view about how history should be acknowledged. For present purposes, I will assume that there were some (a very few) such people intermingled with the white supremacist/KKK/neo-Nazi marchers carrying torches and chanting Nazi slogans and giving Nazi salutes in Charlottesville.

But what is completely untenable and unacceptable is that the presence of the few presumed people with a legitimate, if ill-conceived, position on removal of Confederate memorials can change the fundamental anti-American nature of the protest. Anyone with a legitimate position to assert on removal of Confederate memorials should have removed themselves immediately from the field of play when the torches came out and the chanting/saluting began.

No amount of rhetoric from Donald Trump can lift up legitimate protesters in this crowd by saying there were “good people on both sides.” The good people, if they were there, bear responsibility for aligning themselves with the neo-Nazis. To a large degree, you are who you associate with. By trying to equate the “good people” with the Nazis, Trump has revealed for all to see that his sympathies are with the alt-Right neo-Nazis.

The other phenomenon is the neo-Nazis themselves who were there on pretext of protesting the removal of the memorials but were equating those efforts with an attempt to eliminate them from society. It should be easy for the President of the United States to distinguish between the legitimate protesters against removal of memorials (a tiny fraction of the total even under my generous assumptions) and the neo-Nazis.

Belief is, I suggest, a matter of choice. We believe what we choose to believe. Trump has made his choice and voiced it publicly, following a brief period of trying to acknowledge, under intense pressure, who the real bad guys were, and, again under pressure, reading a prepared script to try to overcome his racist rant from the day before. Ultimately, he could not stand aligning himself with the good guys. He likes what the neo-Nazis stand for and he has made that as plain as possible.

I have seen multiple references in articles and statements that the “President made a big mistake” and “it’s unfortunate the President wasn’t clearer about what he really meant” and so on. There is a word for this but I won’t use it here. Suffice to say that this was no “mistake.” To suggest that it was is to see the issue as one of political strategy rather than what it really is: a question of morality and societal norms. Trump often says he “tells it like it is.” Most of the time, that phrase is followed by a demonstrable lie, but in this case, it is clear beyond doubt that Trump has spoken his true mind. He approves of the Nazis. He continues to tweet about what he perceives as a loss of history and culture.

Well, Mr. President, (I choke on that phrase in your case), the only culture being affected by removal of these Confederate memorials is the culture that said it was acceptable for people to own other humans as slaves, that it was OK to treat people as mere property to be disposed of as the owner saw fit. If, as is now clear, that is what bothers you about removing the memorials, then you have, at long last, self-identified as a prototypical racist, and you cannot escape with scripted denials days after the fact.

The neo-Nazi point of view is as delusional now as it was when Adolf Hitler espoused racial purity of the Aryan race as the rationale for killing millions of people. You must be among the most illiterate or willfully stupid people on earth to be unaware of the distinctions between the social/cultural history of the United States at its founding and the situation today. You, like the admirers of Confederates who took up arms against the country, you, like the founders who resisted every effort to address the slavery question in the original Constitution, you, sir, are a traitor to what this country stands for. How dare you attempt to equate George Washington and Thomas Jefferson with the Nazis marching in Charlottesville? You are a disgrace to this country and you should resign immediately.

Apologies to readers for the length of this post. On my birthday, I get to do what I need to do.

The Sound of Fear, Starring the Trump Family Deniers

The latest revelation about the collusion between the Trump campaign and Russia is about a meeting attended by the campaign manager Manafort, Trump Son No. 1, Donald Jr., and Trump-in-Law Jared Kushner. I won’t waste your time with the details which were first reported by the New York Times, a newspaper of global fame to which the Trump family has been notably hostile. Maybe not a good move on their part.

I want instead to focus on the narrative that the Trump Family, and its enablers like Kellyanne Conway, have tried to spin in response to the now-admitted meeting whose stated-in-advance purpose was to secure dirt on Hillary Clinton that was sourced in the Russian government. That narrative has a familiar ring as it seems to follow almost exactly the concept of “alternative pleading” that law students learn about in courses on trial practice.

The idea of alternative pleading is that since, in the early stages of a lawsuit, you don’t know for sure how things are going to play out, you, as the defendant accused of some wrongdoing are entitled by rules of court to plead alternative defenses, including defenses that are inconsistent with each other. The evidence will then show what it shows and some defenses will fail while others may succeed. To some extent it resembles the old saw about throwing stuff at the wall and seeing what sticks.

To illustrate, suppose a lawsuit is filed against D claiming D’s conduct was the proximate cause of injury to plaintiff P resulting in damages of X amount, which P therefore is entitled to recover from D. D’s typical first step is to move to dismiss the complaint for failure to state a claim. That is, in simple English, even if everything alleged by P is true, there was nothing wrong with D’s conduct and thus the suit should be dismissed. A “fake suit” in current Trumpian parlance.

Kellyanne Conway, among others, has made this precise argument: even if Junior was seeking dirt on Clinton, this is politics and there was nothing wrong with seeking such dirt that might help the Trump campaign. But this argument ignores the fact that the source of the information was the Russian government, which suggests conspiracy with a foreign power to affect the outcome of an American election. Most rational people consider that seriously wrong, possibly criminally wrong.

So, what next? Faced with the revelations about Junior’s meeting, to which he has confessed publicly via the Family’s chosen medium, Twitter, the Trump Family Deniers change the tune, moving toward classical alternative pleading. First, the story was “there was no such meeting,” Then, if there was a meeting, I didn’t attend it. But if I did attend a meeting, it was a waste of time because we didn’t learn anything with which to smear Clinton so I left the meeting empty-handed. So, even if I did attend the meeting with the intention to do harm to Clinton, no harm to Clinton arose from my conduct, so everything is okeydokey. No harm, no foul. Finally, even if there were some harm, we were just amateurs at politics so we can and should be forgiven our sins and let bygones be ….

In a lawsuit, this sort of stairway to the basement approach is perfectly acceptable practice and the Trump Family Deniers’ playbook appears to follow it quite closely. The problem, of course, is that this is not a lawsuit, not yet anyway.

Instead, it is the early-to-middle stage of investigation into one of the greatest scandals in the history of American politics. One of the singular features of the scandal is that, from the very outset, during the campaign itself, Trump made no secret of his desire for assistance from Russia among others and no secret of his desire to buddy-up with Vladimir Putin (who will be featured in my next blog post). At the same time. Trump repeatedly denied there was any connection between him and Putin or between his campaign and anyone connected with the Russian government. His fame as liar-in-chief, thoroughly documented by many observers, led many to suspect that the denials were false.

Slowly but surely, more revelations of contacts between the Russians and the Trump campaign have emerged.  All the while Trump and his enablers, including Attorney General Sessions as well as several family members and key campaign players, have denied there is anything there. Their stories have changed over time, of course, as new revelations undermine the previous denials. This is starkly shown by the latest stories about Junior and Kushner meeting with a promised source of incriminating evidence on Clinton.

Even if it is true that the Russian lawyer with whom Junior/Kushner/Manafort met did not actually have any useful information and was really trying to influence Trump on the issue of adopting Russian children or to blunt the move to increase U.S. sanctions on Russia, the fact remains, and at this point appears to be undeniable and undenied, that the purpose of the gathering, from Junior’s point of view, was to seek Russian help in the battle with Clinton. And, of course, he wants everyone to believe that the President knew nothing of the meeting.

So craven are the enablers of the Trump Family Deniers that Ed Rogers, in an op-ed in the Washington Post this morning, http://wapo.st/2uaPmNy, singing the familiar tune “hysteria among the media,” argues that,

No senior campaign official, much less a family member of the candidate, should take such a meeting. Having the meeting was a rookie, amateur mistake. Between human curiosity and a campaign professional’s duty to get the dirt when you can, Trump Jr. likely felt that the person had to be heard. However, the meeting should have been handed off to a lackey. Said lackey would have then reported the scoop — or lack thereof — and awaited further instruction. [emphasis added]

What can one say after that? A fair reading of it, I suggest, is (1) perfect execution of “we were just amateurs at politics” defense, and (2) in a play right out of the Godfather, never send anyone from the family to do the dirty work and leave fingerprints; send in one of the stooge soldiers who can be sacrificed if necessary to protect the family, (3) seeking dirt from dirty sources like the Russian government is just good political fun, so what’s the problem?

This “win at any cost” mentality may be part of what led Trump to confess to Lester Holt in the now famous interview that he was going to fire FBI Director Comey because of Comey’s pursuit of the Trump-Russia connection regardless of what the leadership of the Department of Justice recommended. Trump and his very very rich family are accustomed to getting their way without arguments and if you do argue, you’re fired.

Maybe I’m being naïve about politics but I continue to struggle with understanding how the Republican Party can continue to support this president, given that he has no real connection to conservative political values that have driven the Republican Party historically and is making a complete hash of the office of the President. He has accomplished nothing of positive significance since taking office six months ago while destroying international relationships that have sustained world peace for decades. More about this in the next post.

Sessions’ Testimony Evaluated – Part 4 (Last)

Readers will likely be glad this is the final installment on the Sessions testimony. We concluded the last post with the exchange in which Sessions claimed that after his recusal he simply stopped being interested in the Trump-Russia issue and received no briefings and read little or nothing substantive about it.

Under questioning by Senator Harris, Sessions repeated his fan dance regarding disclosure of his notes and other relevant documents by saying,

I will commit to reviewing the rules of the department and as and when that issue is raised to respond appropriately.

“When that issue is raised?” It had just been raised by Sen. Harris’ request for the documents. Sessions yet again gets away with saying, in effect, “when, as and if you ask for documents after the hearing, I will consider whether to provide them.” We can only hope that Special Prosecutor Robert Mueller has reviewed the testimony and is demanding those documents.

In one of the highlights of the hearing, Senator Reed asked Sessions this:

… on July 7th when Mr. Comey made his first announcement about the case, you were on Fox News, and you said, first of all, director Comey is a skilled former prosecutor and then you concluded by saying essentially that it’s not his problem. It’s Hillary Clinton’s problem. Then in November, on November 6th, after Mr. Comey again made news in late October by reopening, if you will, the investigation, you said, again, on Fox News, you know, FBI director Comey did the right thing when he found new evidence. He had no choice but to report it to the American Congress where he had under oath testified the investigation was over. He had to correct that and say this investigation ongoing now. I’m sure it’s significant, or else he wouldn’t have announced that.

So, in July and November director Comey was doing exactly the right thing. You had no criticism of him. You felt that in fact he was a skilled professional prosecutor. You felt that his last statement in October was fully justified so how can you go from those statements to agreeing with Mr. Rosenstein and then asking the president or recommending that he be fired?

Once again, perhaps due to the way the hearing was structured, Sessions escaped with a statement that the problem was that Comey was obligated to advise that he had reopened the Clinton email investigation because he had, in error, gone public about the investigation initially. That may be true, at least arguably, but it doesn’t answer the question of why Sessions thought he had license to address Comey’s firing, having previously blessed both the initial disclosures by Comey as well as the follow-up announcement about reopening the investigation and recused himself from the investigation. Sessions’ inconsistency was laid bare for all to see, but he skated away without much notice with some double-talk. Here, again, the Democrats, and the country, certainly could have been helped by a more rigorous approach to the questioning.

I apologize again for this, but the following exchange between Senator McCain and Sessions bears extensive quotation because it is so revealing of the selective memory of the Attorney General:

MCCAIN: Over the last few weeks the administration has characterized your previously undisclosed meetings with Russia ambassador Kislyac as meetings you took in your official capacity as a U.S. Senator and a member of the Senate Armed Services Committee. As chairman of the that committee, let me ask you a few questions about that. At these meetings did you raise concerns about Russia invasion of Ukraine or annexation of Crimea?

SESSIONS: I did, Senator McCain, and I would like to follow up a little bit on that. That’s one of the meetings — that’s one of the issues that I recall explicitly. The day before my meeting with the Russian ambassador, I’d met with the Ukrainian ambassador, and I heard his concerns about Russia, and so I raised those with Mr. Kislyak, and he gave, as you can imagine, not one inch. Everything they did, the Russians had done, according to him was correct, and I remember pushing back on it, and it was a bit testy on that subject.

MCCAIN: …. Did you raise concerns about Russia’s support for President Bashar Al Assad and his campaign of indiscriminate violence against his own citizens including his use of chemical weapons?

SESSIONS: I don’t recall whether that was discussed or not.

MCCAIN: Did you raise concerns about Russia’s interference in our electoral process or interferences of the electoral processes cause of our allies?

SESSIONS: I don’t recall that being discussed….

MCCAIN: Yeah. In other words, Russia-related security issues, in your capacity as the chairman of the Strategic Forces Subcommittee, what Russia-related security issues did you hold hearings on or otherwise demonstrate a keen interest in?

SESSIONS: We may have discussed that. I just don’t have a real recall of the meeting. I may, I was not making a report about it to anyone. I just was basically willing to meet and see what he discussed.

MCCAIN: And his response was?

SESSIONS: I don’t recall. [all emphases added]

I will just leave that one there.

Chairman Burr ended the hearing with the usual fawning all over the witness for his years of sacrificial service to the country. He then asked Sessions to “work with the White House” to “see if there are any areas of questions that they feel comfortable with you answering and if they do, that you provide those answers in writing to the committee.”

The hearing was held June 13, almost a month ago. There has been no follow-up indication that Sessions has acted on that request and no indication that the Intelligence Committee has pursued him about it.

My overall conclusion about Sessions’ testimony is that he was repeatedly allowed to escape answering hard questions, due largely to ineffective examination by senators who seem either ill-equipped or poorly prepared to go toe-to-toe with a skilled attorney intent upon avoiding political or personal damage arising from his potential complicity in the Trump-Russia collusion scandal. The hearing may yet provide some fodder for Special Prosecutor Robert Mueller’s investigation but nonetheless a real missed opportunity.

Sessions’ Testimony Evaluated – Part 3

In the previous post, I began reviewing the questioning by the Committee following Sessions’ opening statement. While this is “old news” in one sense, I believe Sessions will yet come to play an important role in the Trump-Russia saga; it is, therefore, appropriate to fully consider the issues raised by his testimony under oath before the Senate Intelligence Committee.

We left off the last post with a brief discussion of the inexplicable reality that Sessions claimed to have agreed with Deputy Attorney General Rosenstein in discussions prior to Sessions’ confirmation as Attorney General that Comey’s conduct as FBI Director was unacceptable, yet he never discussed the issue with Comey. Instead he, allegedly, waited until President Trump asked for recommendations from Rosenstein and Sessions regarding Comey’s status.

Of course, Trump subsequently stated in the Lester Holt interview that he had already decided to fire Comey because of the Russia investigation. One interpretation of this is that Trump set up Rosenstein and Sessions by asking for their recommendation when he didn’t need it, then used it as a cover which he subsequently blew due to his obsession with being seen as the all-powerful leader who needs no help from underlings in making important decisions.

Returning to the hearing, Senator Warner asked whether Sessions ever discussed with Comey what happened in the Comey-Trump meeting from which all others were asked to leave the room. Sessions never answered the question but did confirm that Comey was concerned about the meeting and that Comey’s recall of what he, Comey, said to Sessions about the meeting was consistent with Sessions’ recall.

This episode is concerning because it illustrates that these Senators, who have a critically important role to play as investigators, are perhaps not being properly supported by staff who should be passing them notes or whispering in their ear to assure that complete follow-up questions are pursued. Not all Senators are equally equipped to engage in effective cross-examination of evasive witnesses and should have some professional and timely legal help when it matters most.

One of the most interesting parts of the questioning related to Sessions’ justification for having recused himself from the Russia investigation but nevertheless participating in the firing of Comey. Sessions said the Russia investigation was just one of thousands underway and that he had a responsibility to manage the leadership of the Department of Justice and thus could, in effect, disregard the Russia investigation when making the leadership call.

There was considerable sparring between Senator Heinrich and Sessions regarding the latter’s refusal to answer questions about conversations with President Trump, to the point at which Heinrich flatly accused Sessions of impeding the Committee’s investigation:

you are obstructing that congressional investigation by not answering these questions, and I think your silence, like the silence of Director Coats, like the silence of Admiral Rogers speaks volumes.

Sessions then sought refuge in advice he claimed to have received from DOJ lawyers that Sessions’ preservation of Trump’s later ability to assert Executive Privilege was proper. Heinrich accepted that claim at face value without further exploration, wondering aloud why Sessions had not said that initially. Heinrich ended his examination with this statement:

I find it strange that neither you nor deputy attorney general Rod Rosenstein brought up performance issues with director Comey, and, in fact, deputy FBI director McCabe has directly refuted any assertion that there were performance issues.

It is worth noting that after Heinrich implicated Coats and Rogers, Chairman Burr came to their defense, pointing out that Rogers had testified in closed session for two hours and that all questions could then have been asked of him. It appears that political kinship counts for more than truth seeking in these proceedings.

I am going to close this post with a long quotation of the Q&A between Senator King and Sessions, interspersed with my “English translation” of Sessions’ responses. The quote mainly speaks for itself.

SESSIONS: What we try to do, I think most cabinet officials, others that you questioned recently, officials before the committee, protect the president’s right to do so [assert Executive Privilege]. If it comes to a point where the issue is clear and there’s a dispute about it, at some point the president will either assert the privilege or not or some other privilege would be asserted, but at this point I believe it’s premature. [emphasis added]

KING: You’re asserting a privilege.

SESSIONS: It would be premature for me to deny the president a full and intelligent choice about executive privilege. That’s not necessary at this point.

In English, Sessions is saying that he is not going to answer, now or in the future, questions that might reveal anything about the President’s statements or statement made to the President unless and until two conditions are met: (1) “the issue is clear and there’s a dispute about it,” and (2) the President asserts some privilege related to it. Until then, Sessions rather than the Intelligence Committee will decide whether it is necessary to take the questions to the President and right now it’s “not necessary” so let’s move on.” And he gets away with it again.

King then asked Sessions for his view about Russian interference in the 2016 elections. Sessions’ answer is astounding for someone who had previously claimed he was responsible for managing the Department of Justice:

KING: Do you believe the Russians interfered with the 2016 elections?

SESSIONS: It appears so. The intelligence community seems to be united in that, but I have to tell you, senator king, I know nothing but what I’ve read in the paper. I’ve never received any details, briefing on how hacking occurred or how information was alleged to have influenced the campaigns.

KING: Between the election, there was a memorandum from the intelligence community on October 9th, that detailed what the Russians were doing after the election, before the inauguration. You never sought any information about this rather dramatic attack on our country?

SESSIONS: No.

KING: You never asked for a briefing or attended a briefing or ruled are the intelligence reports?

SESSIONS: You might have been very critical if I as an active part of the campaign was seeking intelligence related to something that might be relevant to the campaign. I’m not sure —

KING: I’m not talking about the campaign. I’m talking about what the Russians did. You received no briefing on the Russian active measures in connection with the 2016 election.

SESSIONS: No, I don’t believe I ever did.

Just a Little Information for Our Files …. Coo Coo Ca Choo

You may recall the similar line from the song, Mrs. Robinson, made famous by Simon & Garfunkel oh so many years ago. In what only a few years ago would have sent Republicans into paroxysms of anti-big-government hysteria, Not-My-President Trump has created a “Presidential Advisory Commission on Election Integrity” to try to prove that his oft-repeated claim that massive voter fraud deprived him of a majority vote in the last election.

There is no even preliminary evidence that the claim is true and it has been rejected by electoral officials of both parties in multiple states and locales. But, in keeping with Trump’s personal code of conduct that no lie is too big to tell or act on, especially with taxpayer money, Trump ordered his Vice President, usually standing in the background saluting his Great Leader, to command a formal commission of the federal government to “investigate” voter fraud throughout the country. The silence of the Republican Party about this action speaks volumes about its lack of integrity and moral vacuity. Do bear in mind that this Commission has nothing to do with the Russian interference in the 2016 election to which virtually the entire U.S. intelligence community has attested and which Trump continues to deny.

The Executive Order creating the Commission provides for no more than 15 additional members some of whom must be “individuals with knowledge and experience in elections, election management, election fraud detection, and voter integrity efforts” supplemented by, well, anyone Trump chooses for any purpose whatever, regardless of actual qualifications related to the subject matter of the Commission’s work. So far as I can tell, the known appointments to date are former or current secretaries of state from Ohio, Indiana, New Hampshire and Maine. Christy McCormick, a former Justice Department attorney and a member of the U.S. Election Assistance Commission, will also be on the panel, along with Kansas Secretary of State Kris Kobach serving as Vice Chair under Pence. Reports indicate also that Hans von Spakovsky, a conservative “voting rights expert” will also participate with an as-yet unspecified role.

One must wonder if Ohio, Indiana, New Hampshire and Maine were selected because they have vast experience with voter fraud (presumptively absurd) or because they have very little suspected fraud, in which case, why would you choose them?

No need to tarry over that question because the really interesting part is that the Vice Chair of the Commission, without waiting for the Commission to meet and without the benefit of any public input, has already sent a letter to the secretaries of state for all 50 states asking for “publicly available voter roll data … including, if publicly available under the laws of your state” the following information:

  • full first and last names of all registrants,
  • middle names or initials if available,
  • addresses,
  • dates of birth,
  • political party (if recorded in your state),
  • last four digits of social security number if available,
  • voter history (elections voted in) from 2006 onward,
  • active/inactive status,
  • cancelled status,
  • information regarding any felony convictions,
  • information regarding voter registration in another state,
  • information regarding military status, and
  • overseas citizen information.

Further, “be aware that any documents that are submitted to the full Commission will also be made available to the public.”

I confess that I did not realize that such data was available for the asking by members of the general public or not-general public (Super-Pacs are people now too, you know; so are corporations who employ millions of voters, but more about that in a minute).

What we have here is the first attempt ever, of which I am aware, to create a nationally scoped federally controlled database of voting behavior tied to the identity of individual voters. And it covers eleven years of voting. Let that sink in a minute.

Call me paranoid if you like, but this raises memories of the line in the old WW II movies in which an imperious Nazi always demands “your papers please,” the “please” being a euphemism for “or I will kill you.”

Nothing in the Executive Order creating the Commission authorizes the collection of this type or massive amount of data about voting behavior. The Commission’s job is to study “registration and voting processes used in Federal elections.” The EO is clear that the Commission is advisory only and thus has no independent power to act on whatever findings it makes.

The Commission’s report to the president is to discuss

 (a)  those laws, rules, policies, activities, strategies, and practices that enhance the American people’s confidence in the integrity of the voting processes used in Federal elections;

(b)  those laws, rules, policies, activities, strategies, and practices that undermine the American people’s confidence in the integrity of the voting processes used in Federal elections; and

(c)  those vulnerabilities in voting systems and practices used for Federal elections that could lead to improper voter registrations and improper voting, including fraudulent voter registrations and fraudulent voting. [emphasis added]

I cannot see any logical basis to infer from such a study description a basis or need for the individualized voting information demanded by the Commission’s letter. The language of the EO speaks of laws, rules, etc. and does not mention collecting data on individual voting histories associated with named voters absent reasons to believe actual fraud in voting occurred.

I don’t know whether law students are still taught about ultra vires, a Latin phrase meaning “beyond authority,” but the concept clearly applies here. The demand for massive volumes of individualized voting behavior data is ultra vires of the Executive Order.

I understand all too well that our so-called president thinks he can do anything he wants to do, without regard to legal process. The repetition of that mistake continues to frustrate him, as it most recently did when the U.S. Court of Appeals for the District of Columbia Circuit overturned an EPA decision, made without process or opportunity for public input, to delay an Obama-era rule restricting methane emissions from certain oil/gas wells which rule had in fact been subject to such processes for input.   Such mistakes, combined with the sloppy drafting of Executive Orders and the president’s uncontrollable mouth and Twitter habit, have defeated many of his major initiatives. [Parenthetically, hats off to the Sierra Club for filing this suit, with others.]

In the case of this Commission on Election Integrity, the primary pushback is currently coming from the states, a majority of which have apparently told the Commission to get lost. Fortunately for me, the Governor of Virginia, Terry McAuliffe, is one of those, so I won’t have to sue the United States to prevent it from collecting information that I believe violates my right of privacy in my voting practices. It is curious, though not surprising, that a president who seems to treasure the phrase “witch hunt,” does not recognize that this Commission is charged with precisely that type of search. Things may have worked this way in the private TrumpWorld that the president formerly ran [and may still be running despite blatant conflicts of interest] but that don’t work that way in the government world where the rule of law applies to everything.

Earlier I mentioned that corporations are “people” in the eyes of the law now. Since the data the Commission intends to collect will be available to the public without apparent limitation, we can infer that the Super-Pacs and large corporations with active political interests will be interested in this information. Do you want your employer to know whether you voted and, possibly, by inference for whom you voted? Where is the Republican Party, that great defender of individual freedom from overweening government interference in the personal lives of citizens?

The Executive Order authorizing this Commission is another example of the incompetence and bad intentions of the Trump administration. Its only substantive purpose is to support the so-called president’s political agenda which includes his insistence that he would have won the popular vote but for massive illegal voting. Intelligent conservatives surely see what is going on here but cleave to the president with the argument that in a democracy there is no more important matter than the sanctity of the vote. They are partially right, but chasing after faked issues is not going to improve the integrity of voting protections. The truth is that the real goal of Trump’s agenda is suppression of anti-Trump votes. Republicans know that, and are complicit in the scam that this Commission on Election Integrity represents.

In the end then, we are again reminded of the phrase from Mrs. Robinson,

Going to the candidates’ debate

Laugh about it, shout about it

When you’ve got to choose

Every way you look at it you lose.