Update no.870

Update from the Sunland

No.870

3.9.18 – 9.9.18

Blog version:  http://heartlandupdate.blogspot.com/

            To all,

            The follow-up news items:

-- Governor Douglas Anthony ‘Doug’ Ducey of Arizona selected former Senator Jon Llewellyn Kyl to fill the seat vacated by the passing of Senator McCain [868].  Kyl is not exactly in the mold of McCain; however, he is closer than most. He has also indicated he is not interested in seeking re-election in 2020, when the remainder of the McCain term expires.

-- British prosecutors charged two Russian GRU (military intelligence) officers—Alexander Petrov and Ruslan Boshirov—with attempted murder of Sergei Skripal and his daughter Yulia [846] in Salisbury, England (4.March.2018).  For their crime, the two GRU agents used the sophisticated Novichok nerve agent, unique to Russia; even the choice of weapon was meant to send a clear message to the world.  Skripal was a former GRU colonel when he was arrested in Moscow and exchanged for imprisoned Russian operatives.  Skripal and his family have lived in England since the 2010 exchange.

-- The BIC publicly stated that he is preparing tariffs on another US$267B in Chinese goods in addition to the US$200B in tariffs already announced [802].  As much as the president likes to ballyhoo his singular stimulation of the economy and how well heis doing, these tariffs and looming trade war threaten the economic health of the United States and the world.  We are not an isolated, insulated nation; we are a member of the global community and our business depends upon international trade.  So, when his unilateral trade war turns the U.S. and world economy to the negative, the question becomes whom will he blame.  He most certainly will not blame himself (after all, he is never wrong; never makes a mistake; and thus, he can never be at fault), although that is where the blame will squarely lay.

-- After pleading guilty to federal charges of lying to the FBI about his contacts with a Russian intermediary, ex-BIC campaign adviser George Demetrios Papadopoulos [827] was sentenced to 14 days in prison, along with 12 months of supervised release, 200 hours of community service, and US$9,500 fine.  The comparatively light sentence for his crime reflects not only the level of cooperation of Papadopoulos with the Special Counsel as well as the accuracy of the information provided. The Papadopoulos sentencing becomes the second prison term obtained by the Special Counsel [804] in the on-going investigation.

            The outrageousness of the BIC’s public statements continues to mount without the slightest sign of abating.  The latest set was instigated by the arrest of two, prominent, Republican politicians and early supporters of the BIC.  Representative Christopher Carl ‘Chris’ Collins of New York was arrested by the FBI and charged with wire fraud, conspiracy to commit securities fraud, seven counts of securities fraud, and lying to the FBI.  Representative Duncan Duane Hunter of California and his wife Margaret were indicted on 60 counts of wire fraud, falsifying records, campaign finance violations, and conspiracy (and then, being the noble person he is, Hunter blamed his wife for all the charges).  So, what does the chief law enforcement officer of the United States tweet out?

“Two long running, Obama era, investigations of two very popular Republican Congressmen were brought to a well publicized charge, just ahead of the Mid-Terms, by the Jeff Sessions Justice Department. Two easy wins now in doubt because there is not enough time. Good job Jeff......”

11:25 AM - 3 Sep 2018

He continued:

“....The Democrats, none of whom voted for Jeff Sessions, must love him now. Same thing with Lyin’ James Comey. The Dems all hated him, wanted him out, thought he was disgusting - UNTIL I FIRED HIM! Immediately he became a wonderful man, a saint like figure in fact. Really sick!”

11:39 AM - 3 Sep 2018

The outright false elements of the BIC’s statements are staggering, not least of which being that both investigations were initiated by Attorney General Sessions—the BIC’s own Justice Department.  The Democrats and President Obama had nothing to do with the investigations or charges.  The worst part, the BIC essentially states political party affiliation should be placed above the rule of law and he certainly implies the laws they are charged with violating are not good laws.  Numerous editorial opinions have contended that these specific two tweets have crossed the threshold of tolerance and are impeachable offenses, i.e., he has failed his oath of office to uphold, support and defend the Constitution.  I agree!

            One grouping of words published in the New York Times on Wednesday, this week, has captured the attention of everyone in this Grand Republic and probably in the world.  I read every word numerous times.

“I Am Part of the Resistance Inside the Trump Administration – I work for the president but like-minded colleagues and I have vowed to thwart parts of his agenda and his worst inclinations.”

Anonymous (reportedly a “senior official” inside the current administration)

New York Times

Published: Sept. 5, 2018

https://www.nytimes.com/2018/09/05/opinion/trump-white-house-anonymous-resistance.html

            This precise New York TimesOp-Ed article bothers me deeply on many levels. First and foremost, the actions and sentiments presented are the antithesis of the most basic and foundational principles that have sustained this Grand Republic for nearly a quarter of a millennium.  The person(s) who wrote the Op-Ed claims s/he is not alone in the “resistance,” which means there is a true, legal conspiracy.  Boiled down to its essence, this is wrong.  This is Seven Days in May in political form. The Timescould have ignored this person(s), but that would have been even worse.  There is near-zero doubt that the “resistance” noted in the opinion piece truly exists and is doing precisely what is being illuminated.

            Of course, as would be expected in these times, the BIC took to Twitter to make sure he remained the center of attention.

 “TREASON?”

3:15 PM - 5 Sep 2018

I understand the sentiment.  A coup d'étatof any form is by definition treasonous.

“Does the so-called “Senior Administration Official” really exist, or is it just the Failing New York Times with another phony source? If the GUTLESS anonymous person does indeed exist, the Times must, for National Security purposes, turn him/her over to government at once!”

4:40 PM - 5 Sep 2018

That was not enough. The BIC added:

“The Deep State and the Left, and their vehicle, the Fake News Media, are going Crazy - & they don’t know what to do. The Economy is booming like never before, Jobs are at Historic Highs, soon TWO Supreme Court Justices & maybe Declassification to find Additional Corruption. Wow!”

4:19 AM - 6 Sep 2018

This last one was the straw the broke the camel’s back.  As with so many of his tweets, the falsehood abounds.

            I have voiced my objections to the fellow in the Oval Office for a very long time . . . even before he announced his candidacy.  The man has not changed.  He is the same today as he was in 2015.  My opinion of the man has not changed and will not likely change unless the BIC undergoes some miraculous character reform.  I have been very public and open with my contempt for his extraordinary character flaws and the implications of those flaws to all of us. He is what he is.  We, the People, elected him to the office he holds.  We can disagree with him; that is our constitutional right, but there is a legal, constitutional process for resisting an aberrant president.  This is not the way!

            This Op-Ed will fuel and stoke to bonfire levels the so-called “Deep State” conspiracy, although it appears to be a Republican “Deep State” rather than the popular notion of a Democrat or opposition “Deep State.”  Perhaps the “resistance” is attempting to reassure the Republican loyalists . . . hey, at least we’re getting the Supreme Court and judicial nominees we want . . . be happy that we are doing the Lord’s work.

            This so-called “resistance” was not elected by anyone (well, at least if they do not include Mike Pence).  The “resistance” has placed themselves above the law, above the Constitution, above We, the People, and above everything we stand for.  As much as I find the BIC’s conduct reprehensible, this behavior is wrong in every possible way.  I can find no good in what they have claimed to have done.

            I am an old school person.  I have always believed that there are only two options in service (military, business, political, or just about any arena). You either execute your orders faithfully or you resign, period, full stop, end of discussion.

            The tribes have dug in.  The trenches are deep and extensive.  One tribe or the other cannot give an inch for fear of breeching their lines.  The no-man’s land between them has become so bloody toxic that no living thing can survive—compromise and moderation impossible.  What became painfully apparent this week is we bear witness to the political equivalent of the Battle of Passchendaele.  The only difference being, the political version does not have the body count amassing in the slaughter.  The worst part is the generals or tribal chieftains did not do this; only We, the People, are to blame.  We cannot conduct a vigorous public debate on any topic without being called a “pompous, arrogant asshole.”  We elected a president who persists in carrying on like an adolescent schoolyard bully bent upon cowering everyone in the schoolyard to his will.  We elected representatives who fear the primary elections to orders of magnitude more than the general elections that actually place them in office.  No, there is no one else to blame, but We, the People.  And, worse for my psyche and intellect, it is my generation that has done this damage.  The realization that we witness the most destructive kind of political trench warfare forces me to the inevitable conclusion—the meat grinder will continue to consume us.  I cannot see a way out.  The corrosion will continue until the foundation collapses.  I do not fear invasion by some foreign force.  I fear the future.

            As much as I may believe the BIC’s conduct is dangerous and outright destructive to the foundation and fabric of this Grand Republic, this so-called “resistance” is wrong on just about every level I can think of.  There is a constitutionally established process for dealing with an aberrant, deranged, incapacitated president—the 25^th Amendment and Impeachment. The path taken by the “resistance” is wrong, wrong, wrong and should be condemned by every citizen—Republican, Democrat, Libertarian, Green, Communist, independent and non-participant.

            This is scary to me as a proud American citizen.  To me, this is not “resistance,” it is a de facto coup d'état.  Every American should condemn the “resistance.”  As much as I believe the BIC is not worthy of being president, not capable of being a proper president, I am now forced to stand with him.  This is NOT the way. This Op-Ed will stoke the BIC’s paranoia and further incapacitate the administration.  This Op-Ed has not reassured me; it has made me far more fearful, apprehensive and concerned for the future.  This Op-Ed has made us far more vulnerable, more so than the Soviet Union could ever do, more than al-Qa’ida could ever do.  THIS IS WRONG!  This is Vladimir Putin’s dream come true beyond his wildest imagination.  This is corrosion from within, eating away at the steel and concrete of our foundation, and the political parties are dousing the corrosion with more acid . . . copious amounts of more acid.

            Watching the Kavanaugh hearings in the Senate Judiciary Committee brings an even greater fear and a broader topic of public debate.  The level of distrust among the tribes has grown to such a level that I am now faced with the realization that the end of days for this Grand Republic may in fact have arrived. There is no more respect for the concerns of the opposition.  There is only the power of the majority.  This is NOT among the foundational principles of this once Grand Republic.  Perhaps Vladimir Putin is correct; we have become a house of cards, and the simple wind he has blown our way will bring the whole façade down—the girders of our foundation have been so bloody corroded.  The VisiGoths are not at the gates.  Not even the Russians are doing this.  We have done this to ourselves.  It is no wonder with this level of tribal distrust that the opposition is openly defying Senate rules and perhaps even federal law to release documents they are not authorized to release.  In this instance, I do not fault the opposition.  This situation could have occurred under either majority, but as fate would have it, the Republicans are the majority at the moment.  The responsibility for the breakdown in civility, decorum, respect and principle belongs to both major political parties together and equally; they both have done this. We, the People, have divided ourselves into intransigent tribes.  We are these political parties; the parties do not exist without us. As a non-partisan, independent, moderate citizen, I have strongly rejected these tragic tribal divisions and condemn everyone on both sides that have placed political party above this Grand Republic.  The political party operatives have held the microphone for too long. The independents will have their opportunity to express themselves this coming November.  We must hope and pray sufficient independents will vote for candidates who seek to negotiate and compromise to find solutions to very real issues facing this Grand Republic.

            All this negativism above is nauseating (literally) and deeply depressing.  I have come to the awareness that the BIC is only a symptom.  The specter of tribalism on full public display in the Senate Judiciary Committee hearings this week is only a symptom.  We can tout the strength of the our military or the economy, but the corrosion will inexorably make its way to those elements of this once Grand Republic, and when that happens, all of us will suffer. The tribal trench warfare noted above should be disgusting to all of us, but it is not.  Nope, one tribe is happy; the other tribe is not; and their respective measures of happiness will cycle.  We condemn anyone and everyone who offers one cross word about our tribe.

            How much more evidence do we need?

            The Labor Department reported nonfarm payrolls rose a seasonally adjusted 201,000 in August.  The unemployment rate remained at 3.9%.

            The financial system collapse of 2008 brought on the Great Recession and the sharp increase in unemployment that peaked in late 2009.  It has been on a nearly straight line decline since the peak.  The unemployment rate is shallowing out now as we approach full employment.

            For the loyalists to and supporters of the BIC, if you tout the president’s performance with the economy and employment, then you must also praise President Obama for his steady, positive performance in stopping the bleeding of the financial crisis and improving the economy.  The BIC was handed a steady improving economy.  So, I will give the BIC credit, as is our tendency to do, for a good economy, and I equally credit President Obama for handing over a positive economy to the BIC.  For the record, the BIC does not and will not get credit for singularly and solely stimulating the economy or employment.

            For the really hardcore doubters out there, simply query two arguments in the search engine of your choice: 1.) 10-year history of gross domestic product, and 2.) 10-year history of unemployment rate.  U.S. employers have added jobs for 95 straight months, extending the longest continuous jobs expansion on record (for those who refuse to do the math, the BIC has been POTUS for just 20 months). The data are the data, period, full stop!  The BIC does not get to make up his own facts.

            One of the many Supreme Court cases illuminated during the Kavanaugh confirmation hearings was United States v. Nixon [418 U.S. 683 (1974); no. 73-1766], and given the current situation with the administration, the case seemed to be one of the most relevant.  I felt compelled to read the decision.

            The case centered upon the claim of executive privilege invoked by Nixon to protect tape recordings of conversations relevant to the criminal cases before the Judiciary involving the attorney general, White House chief of staff, and others in the Watergate case.  The unanimous Court (less Rehnquist, who did not participate) decided the service of due process under the law exceeded the president’s claim of executive privilege.  With this ruling, Nixon recognized the jig was up.  The tapes would indeed document criminal conduct.  Nixon resigned the presidency two week later to avoid impeachment.

            This case was not about the president or his conduct per se; it was about the authority of the president to control or restrict the information possessed by his office that convinced a federal judge beyond the threshold of probable cause to be relevant in a criminal case involving members of the president’s staff and advisors.  While there are differences between the Nixon and BIC events, the essence of the two cases are quite similar.

            I thought the president should have been compelled to deliver the requested documents, as they likely have direct bearing on the Kavanaugh confirmation hearings, specifically with respect to the nominee’s beliefs and opinion regarding Executive power.  Unfortunately, with a Republican majority, we will never know.

            The reality of U.S. law and jurisprudence has one critical flaw, or rather vulnerability—the assumption of general good intentions by the Chief Executive.  As the Supremes have written, the Court shows considerable deference to the president as the head of the government.  In the present circumstance, the question never made it to the Supremes.

Postscript: While the Kavanaugh confirmation hearings were not a criminal prosecution as in the U.S. v. Nixon [418 U.S. 683 (1974)] case, some of the principles cited in the Supremes’ decision are directly applicable.  The Kavanaugh documents were unilaterally withheld by a claim of executive privilege and quite likely had direct applicability to the confirmation process, especially in the light of the Executive power issue raised during the hearings. However, the Republican majority refused to issue a subpoena for those records or challenge the BIC’s claim of executive privilege.  Another opportunity to define the boundaries of Executive power has been lost.

            Comments and contributions from Update no.869:

“McCain planned his funeral and the three days of mourning plus co-wrote a book and co-produced an HBO documentary on himself (all done since his diagnosis) Trump respected his wishes by not being there.. he did provide the family the use of Air Force Two. The funeral was politicized unfortunately but that was expected.”

My reply:

            Thank you for your comment.  I have nothing to say.

Comment to the Blog:

“With reference to John McCain, I’ll point out one further positive point.  He has successfully shown his family integrity, and they carry on the tradition.  In particular, his daughter’s eulogy underscored the importance of his legitimate patriotism versus the flag-waving bullies who have taken over his party of choice. I disagree with both of them on many issues, but I honor their intent to uphold this nation.  Would that there were more of those.  Our governor here in Ohio, John Kasich, has begun to show signs of supporting the national well-being, but he insists on staying in a Republican Party that doesn’t want him anymore.

“I’m beyond discussing Trump’s character, and I want to move on to another issue.  The United States has no method of which I’m aware of declaring an election invalid.  (I could be wrong in reference to other elections, but the Constitution does not address Presidential elections won by illegal means.)  What happens if Trump’s election itself can be proven illegitimate?

“We need to know who might have made corrupt or harmful deals with Trump while McCain’s passing distracted the press.  Beyond that, the harm Congress does in these times gets too little attention.

“I will call attention to the fact that I, also, am neither a Democrat nor a Republican.  The false assumption that I’m a Republican arises any time I point out the failings of the Democratic National Committee, especially their funding sources.  I’m essentially an independent, but I’m registered to vote with the Green Party, USA.”

My response to the Blog:

            Agreed.  I liked Meghan’s remarks in her eulogy to her father—“flag-waving bullies” indeed.

            Don’t count Kasich out just yet.  If the mainstream Republicans regain some semblance of spine and sanity, they may well turn to Kasich as the nearly lone voice of reason during these troubled times of the BIC’s tenure.  The BIC has compromised just about everything the Republican Party has stood for, and they have sold their soul to the devil for what they can get.

            I’m with you.  He is what he is.  His supporters do not care about how bad of a man he is; they only care about the economy and loading the Judiciary with ultra-right judges.  His amorality is meaningless to them.

            No, there is no constitutional or legal means for invalidating an election (one of many reasons I found it so odd the BIC was and still is obsessed with the 2016 election; it is done, period; but, for him, it is all ego, not legitimacy).  “What happens if Trump’s election itself can be proven illegitimate?”  The only method I am aware of is impeachment; and, even that is questionable in this instance.  However, if the Special Counsel can prove with sufficient physical evidence beyond a reasonable doubt that the BIC & his campaign staff conspired with the Russians (or any other foreign power) to affect or alter the election, I believe he would face serious impeachment, conviction and disgrace. Personally, I think such conspiracy is doubtful; more likely ignorance and ineptitude.  However, what I think is far more likely is him violating a bevy of election, finance, corruption and lobbying laws that might be less definitive in terms of “high crimes and misdemeanors.”

            Oh my, I would not limit the “corrupt or harmful deals” portion of the investigation to just the McCain funeral celebration week.  I truly hope the Special Counsel is seriously investigating his entire business dealing going back to at least his last bankruptcy, when he was forced to turn to foreign (Russian) moneymen for financing.  That is where the crimes most likely exist.

            Likewise, people automatically assume that if I criticize one tribe, then I must be of the other tribe.  They are wrong in such assumptions.  I cherish my independence and freedom of thought. I am registered as a non-partisan, independent . . . always have been, always will be.  I will not participate in the rampant tribalism that has brought us to the dysfunction we suffer today.

            My very best wishes to all.  Take care of yourselves and each other.

Cheers,

Cap                 :-)