Update no.894

Update from the Sunland

No.894

18.2.19 – 24.2.19

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

            To all,

            The follow-up news items:

-- The President signed H.J. Res 31, funding the remainder of the federal government through the end of FY2019, and he signed an emergency declaration that was not available for reading before publication [893].  The text of his emergency declaration was made public early this week.  I thought it sufficiently important to reprint the presidential proclamation and the cover letter.

Dear Madam Speaker: (Dear Mr. President:)

Pursuant to section 201 of the National Emergencies Act (50 U.S.C. 1621), I hereby report that I have exercised my authority to declare a national emergency in order to address the border security and humanitarian crisis that is threatening the United States.  This declaration invokes section 12302 of title 10, United States Code, to allow the Secretary of Defense, and the Secretary of each relevant military department, as appropriate and consistent with applicable law, to order units or members of the Ready Reserve to active duty in order to assist and support the activities of the Secretary of Homeland Security at the southern border.

Further, I have invoked section 2808 of title 10, United States Code, and authorized the Secretary of Defense, and at his discretion, the Secretaries of the military departments, to exercise the authority under that section to engage in emergency construction as necessary to support the use of the Armed Forces and respond to the crisis at our southern border.

I am enclosing a copy of the Proclamation I have issued.

Sincerely,

DONALD J. TRUMP

The proclamation noted in the cover letter:

The current situation at the southern border presents a border security and humanitarian crisis that threatens core national security interests and constitutes a national emergency.  The southern border is a major entry point for criminals, gang members, and illicit narcotics.  The problem of large-scale unlawful migration through the southern border is long-standing, and despite the executive branch’s exercise of existing statutory authorities, the situation has worsened in certain respects in recent years.  In particular, recent years have seen sharp increases in the number of family units entering and seeking entry to the United States and an inability to provide detention space for many of these aliens while their removal proceedings are pending.  If not detained, such aliens are often released into the country and are often difficult to remove from the United States because they fail to appear for hearings, do not comply with orders of removal, or are otherwise difficult to locate.  In response to the directive in my April 4, 2018, memorandum and subsequent requests for support by the Secretary of Homeland Security, the Department of Defense has provided support and resources to the Department of Homeland Security at the southern border.  Because of the gravity of the current emergency situation, it is necessary for the Armed Forces to provide additional support to address the crisis.

NOW, THEREFORE, I, DONALD J. TRUMP, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 201 and 301 of the National Emergencies Act (50 U.S.C. 1601et seq.), hereby declare that a national emergency exists at the southern border of the United States, and that section 12302 of title 10, United States Code, is invoked and made available, according to its terms, to the Secretaries of the military departments concerned, subject to the direction of the Secretary of Defense in the case of the Secretaries of the Army, Navy, and Air Force.  To provide additional authority to the Department of Defense to support the Federal Government’s response to the emergency at the southern border, I hereby declare that this emergency requires use of the Armed Forces and, in accordance with section 301 of the National Emergencies Act (50 U.S.C. 1631), that the construction authority provided in section 2808 of title 10, United States Code, is invoked and made available, according to its terms, to the Secretary of Defense and, at the discretion of the Secretary of Defense, to the Secretaries of the military departments.  I hereby direct as follows:

Section1.  The Secretary of Defense, or the Secretary of each relevant military department, as appropriate and consistent with applicable law, shall order as many units or members of the Ready Reserve to active duty as the Secretary concerned, in the Secretary’s discretion, determines to be appropriate to assist and support the activities of the Secretary of Homeland Security at the southern border.

Sec.2. The Secretary of Defense, the Secretary of the Interior, the Secretary of Homeland Security, and, subject to the discretion of the Secretary of Defense, the Secretaries of the military departments, shall take all appropriate actions, consistent with applicable law, to use or support the use of the authorities herein invoked, including, if necessary, the transfer and acceptance of jurisdiction over border lands.

Sec.3.  This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of February, in the year of our Lord two thousand nineteen, and of the Independence of the United States of America the two hundred and forty-third.

DONALD J. TRUMP

On the positive side of the ledger, the President cited the correct law.  Further, the National Emergencies Act [PL 94–412; 90 Stat. 1255; 50 USC §§ 1601-1651; 14.9.1976] [630].  The relevant section as noted by the President is § 201 of 90 Stat. 1255, which states in toto:

SEC. 201.

(a) With respect to Acts of Congress authorizing the exercise, during the period of a national emergency, of any special or extraordinary power, the President is authorized to declare such national emergency.  Such proclamation shall immediately be transmitted to the Congress and published in the Federal Register.

(b) Any provisions of law conferring powers and authorities to be exercised during a national emergency shall be effective and remain in effect 

(1) only when the President (in accordance with subsection (a) of this section) specifically declares a national emergency, and 

(2) only in accordance with this Act. 

No law enacted after the date of enactment of this Act shall supersede this title unless it does so in specific terms, referring to this title, and declaring that the new law supersedes the provisions of this title.

Clearly, the law provides the authority to the President to declare national emergencies based on his judgment alone.  Further, the law offers essentially no guidance to or constraint upon the President’s authority.  The law assumes the President will act in a prudent, responsible and ethical manner.

            In this instance, the issue is the validity of the extant situation as a national emergency with the context and spirit of the law.  The President offers no facts beyond his anecdotal statements.  Taken in the light of his penchant for exaggeration, inflation and outright falsehood, the BIC’s public statements have no weight; thus, the declaration must be challenged.  Just because the President can do something does not mean he should. Sixteen states, so far, have filed legal challenges to the basis for his unilateral declaration, i.e., there is no emergency other than in the BIC’s imagination.  It is truly unfortunate that this President has brought us down to such doubt, suspicion and skepticism, but this is contemporary life, as we know it today.

-- The BIC publicly stated he would postpone planned tariff increases against goods from the PRC [844], since substantial progress has been made in negotiations with the Chinese.  I really want this to be true.  I have never been a proponent of tariffs.  If the BIC is successful in realigning the commercial relationship with the PRC, it would be a significant accomplishment long overdue.  This little sign of progress is encouraging and deserves recognition as such.

            An interesting Wall Street Journal editorial opinion offers worthy public debate.

“The FBI’s Trump Panic – McCabe reveals how officials contemplated a bureaucratic coup.”

by The Editorial Board

Wall Street Journal

Published: Feb. 18, 2019; 11:49 a.m. ET

https://www.wsj.com/articles/the-fbis-trump-panic-11550508578?mod=?mod=MorningEditorialReport&mod=djemMER_h

I respect their opinion, but unfortunately, there are significant elements with which I disagree.  Yet, one particular thought kept popping up in my little pea-brain.  I ask just one question: what if Andrew McCabe was (is) correct?

            I categorically reject the notion and political spin suggesting that McCabe was part of some vast, Deep State, bureaucratic coup d’état attempt.  The facts alone support McCabe’s concern.  Further, the acting Director of the FBI had an obligation to pursue a counterintelligence investigation into the BIC’s conduct. Failure to investigation would have been dereliction of duty.  Based on the public facts alone, I think it is far more likely that McCabe was correct than he might have been misguided or premature.

            The Special Counsel’s report is reportedly going to be delivered to the Attorney General next week.  Hopefully, the delivery information is true.  But, that only begins the he disclosure process. Then, we wait to see what the Attorney General decides regarding what Congress and We, the People, should see. We have a long way to go. As much as I hope the Special Counsel’s report is definitive, evidentiary and conclusive, I fear it will not be so.  The best possible outcome for the report is there was no criminal conduct in the BIC’s campaign—foolish, naïve, unwitting and capricious, perhaps.  Anything other than exoneration will thrust us into a constitutional crisis of one degree or another.  I am not eager for that potential to be realized; yet, as the Spanish like to say, Que Será, Será.

            Oh my, how the ironic wheel turns! For all the yammerings Republicans have spewed forth in recent decades and the concerted efforts by Republican politicians to favorably affect voting in the name of curtailing election fraud, the most blatant case of election fraud since the 1948 Senate election in Texas and the 1960 Presidential election in Illinois is still playing out from the 2018 election in House District 9 in North Carolina.  Before the state’s election board, the Republican candidate finally acknowledged the mounting evidence of serious election fraud and endured his own son’s testimony against the conduct of his father’s campaign.  A rather shady operative working for the Republican candidate organized a broad effort to collect absentee ballots from unwitting citizens, and then cast those ballots for their candidate, contaminating the entire election.  The final vote count was close enough that those absentee ballots became significant to the outcome determination.  As a consequence, the Board voted unanimously to hold a whole new election for just that seat—very costly but necessary.  Unfortunately, the citizens resident in the North Carolina 9^th District will be without representation in the House of Representatives for many more months to come.  This kind of criminal conduct is in the same bucket as gerrymandering, voter suppression, voter intimidation, and the myriad of illegal and at best unethical election shenanigans.

            Now, all that stated, let us not forget that the earlier two instances of election fraud were in favor of Democratic Party candidates.  Both parties have history in this arena.  This may sound a bit naïve; however, We, the People, want this foolish, divisive, corrosive, political nonsense to stop—all of it, not just absentee ballot mining and illegal voting.  No citizen has the right or power to defer her or his vote; you either vote or you do not, full stop!

            Comments and contributions from Update no.893:

Comment to the Blog:

“The tantrums are not over.  This specific series continues unless Congress stops the emergency declaration and overrides the veto or the legal process eventually stops the Chump.  You underestimate what ‘mentally challenged’ people might do in this unique situation.  Of course, an emergency declaration with a statement that, ‘I didn't need to do this’ may become another count in a long indictment/bill of impeachment.

“By the way, ‘collusion’ is not a legal term.  ‘Obstruction of justice’ is.  Also, Hillary and her supporters in the Democratic Party are unsavory at best, but that has no bearing on Chump except that they lost the election largely due to their own manipulations.”

My response to the Blog:

            Oh my, you got that right in spades.  The BIC’s tantrums continue his very morning, and they will undoubtedly continue for the rest of his life; he’s derived far too much attention from them to feed his ego. One future blessing, when he is no longer in office, we can ignore his damnable tweets and public statements as irrelevant.

            You are probably correct, but I give “mentally challenged” citizens far more credit than I do the BIC.

            Yes, I well know that collusion is not a crime.

            I am not aware of any other political campaign (successful or not) at any level or at any time in history seeking the assistance of a foreign government to influence an election of their behalf.  The BIC’s public statement: “Russia, if you're listening, I hope you're able to find the 30,000 emails that are missing.” [27.7.2016], is a rather clear and blatant statement. I expect that statement and many others to be featured in the Special Counsel’s report and findings.  The accumulated facts speak volumes. However, I shall not accuse the BIC of collusion or conspiracy until I see the Special Counsel’s report.

            I listened to the 60 Minutes interview with Andrew McCabe; he is far more believable than the BIC, and his words are quite chilling.

Another contribution:

“Currently in Oxfordshire within spitting distance of the WW2 airfield at Bicester-it’s still in use as a private glider unit.  Going across later to have a look around.  Of course they’re using the original hangars that can hold rather a lot of gliders!

“Yes read quite extensively on NASA’s Opportunity-what an amazing piece of kit she turned out to be and it took a Martian dust storm to quell her activities.  I would like to think that another strong wind may clear the PV panels and she’ll fire up again-who knows.  Will future mankind venture forth and dust her down?  Of course certainly.  Let’s write a futuristic story telling the world of that venture.  (I’ll supply the feather duster.)”

My reply:

            RAF Bicester  . . . interesting history.  I’d never heard of No. 1 Camouflage Unit; that must’ve been fun. Let me know if you find anything interesting on your visit.

            There is always that potential for Curiosity; however, I suspect a wind strong enough to clear off the solar panels would probably carry more dust.  Personally, I think future humans will indeed visit the machine, perhaps not in my remaining lifetime.  There is always hope.  I would love to see that event happen.

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

Cheers,

Cap                        :-)

Update no.893

Update from the Sunland

No.893

11.2.19 – 17.2.19

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

            To all,

            All good things must come to an end. It is with genuine sadness that I acknowledge NASA’s public announcement of the reality they are ending their efforts to revive the agency’s most durable Mars rover after 835 unanswered wakeup calls.  The Mars rover Opportunity’s planned 90-day mission became a 15-year bonanza of data from the red planet.  At the end, it was a planet-wide dust storm that probably covered and coated the vehicle’s solar power panel and starved the rover of vital electrical power.  The last communication from the rover occurred on 10.June.2018.  Some day, humans may find the Opportunity rover, dust off its solar panels, and the pioneering spacecraft might well come back to life. During its operation, the rover covered 28 miles of the Mars surface and sent back to Earth more than 200,000 images and other data.  Opportunity led the way for the Curiosity rover that is powered by a Multi-Mission Radioisotope Thermoelectric Generator (MMRTG) rather than solar cells. The MMRTG has a designed minimum life of 14 years.  Thus, Curiosity is not susceptible to dust storm compromise as Opportunity was.

            The follow-up news items:

-- After all the trauma, confusion and uncertainty of the last seven weeks [884-892], Congress passed by a veto-proof, bipartisan majority the Consolidated Appropriations Act, 2019 [PL 116-xxx; H.J.Res.31; House: 300-128-0-4(3):Senate: 83-16-0-1(0);132 Stat. xxxx], ending the BIC’s threats to shutdown the government to satisfy his “I want my wall” tantrum.  The appropriations bill allocates “$1,375,000,000 is for the construction of primary pedestrian fencing, including levee pedestrian fencing, in the Rio Grande Valley Sector” [Division A, Title II, §230 (a)(1)].  For the record, the word ‘wall’ is not mentioned once in the bill’s 465 pages, and ‘concrete’ is mentioned only three times in provisions unrelated to border protection.  Given the votes in both chambers, the BIC wisely signed the bill.

            Of course, the BIC was not satisfied. In a Rose Garden announcement, the BIC indicated he would also sign an emergency declaration, ostensibly as authorized by the National Emergencies Act [PL 94–412; 90 Stat. 1255; 14.9.1976] [630]. The BIC apparently intends to use his declaration to reallocate existing fund from other congressionally approved appropriations to make up the shortfall in funding.  Then, for reasons I cannot imagine, the BIC publicly stated with respect to the declaration:

“In fact, the primary fight was on the wall. Everything else, we have so much, as I said, I don’t know what to do with it we have so much money. But on the wall, they skimped. 

“So I did -- I was successful, in that sense, but I want to do it faster. I could do the wall over a longer period of time. I didn’t need to do this. But I’d rather do it much faster. And I don’t have to do it for the election. I’ve already done a lot of wall, for the election -- 2020. And the only reason we’re up here talking about this is because of the election, because they want to try and win an election, which it looks like they’re not going to be able to do. And this is one of the ways they think they can possibly win, is by obstruction and a lot of other nonsense.”

“I didn’t need to do this”?  What kind of an emergency is that?  Since the BIC broadcast his intentions in advance, appropriate legal actions were prepared and filed immediately challenging the BIC’s clear abuse of power and constitutional violation of the separation of powers.  While it will like be some time, I look forward to reading the Supremes’ ruling and specifically what opinion Kavanaugh [862, 870, 874] signs up to or writes.

            Even a mentally challenged person would not be this foolish and capricious, so I suppose we must conclude that he intentionally sought to instigate a constitutional crisis for political purposes, just like he singularly created the border “emergency” situation, to placate his ardent supporters.

            As soon as he signed the appropriations bill and emergency declaration, the BIC flew off to his Mar-a-Lago resort in Florida; so much for this urgent national emergency.
-- The Senate voted to confirm [54-45-0-1(0)] William Pelham Barr, of Virginia, to be attorney general of the United States [883].  Barr now takes over supervisory responsibility for the Special Counsel’s investigation from Deputy Attorney General Rosenstein.  I sure hope he rises to the occasion.  We shall see, and we will be paying attention.

            What would life in contemporary times be without one of the BIC’s infamous tweets?

“‘These guys, the investigators, ought to be in jail. What they have done, working with the Obama intelligence agencies, is simply unprecedented. This is one of the greatest political hoaxes ever perpetrated on the people of this Country, and Mueller is a coverup.’ Rush Limbaugh”

1:32 PM - 17 Feb 2019

The odd thing about this one. . . the BIC is POTUS, not a private citizen.  He is quoting a private citizen, talking head, commentator, as if he is a reliable source of facts.  The Special Counsel is a duly appointed agent of the U.S. Government.  The BIC is the constitutional chief executive of the U.S. Government.  In this tweet, he is implicitly siding with a private citizen who has no authority, no access, no basis in fact for his opinion. This one can added to the steadily mounting folder of beyond bizarre actions by the BIC.  I know his supporters love this stuff, but I find it so bloody disconcerting, disappointing, and outright reprehensible for any president.

            Continuation from Update no.890:

“Judicial Watch says not one bit of collusion found in Stone endictment (sic).. as expected.. most of America is sick of all this .. time to let Trump get to work and continue productiveness.”

My reply:

            Hey, actually, we agree.  I want this whole affair to be over regardless of the outcome or findings of the investigation.  Unfortunately, I believe you are succumbing to classic political spin that you favor.  Yes, I agree Judicial Watch has found no collusion in the Stone indictment. It absolutely baffles me when anyone including the BIC himself say no collusion.  I will not join the chorus of BIC supporters in that chant until I see the evidence presented by the Special Counsel.  I hope there was none; I truly do.  The implications of collusion with the Russians to affect the outcome of the 2016 are not good; in fact, they would be tragic for this Grand Republic.  So, respectfully, I will not join Judicial Watch in that judgment . . . until I see the evidence.

 . . . follow-up comment:

“I figured so .. if someone put solid facts in front of you you wouldn’t believe them because you have decided you want to believe what you want to believe.”

 . . . my follow-up reply:

            Solid facts?  Really?  Have you read the Stone indictment?  If not, you should.  The facts presented in the indictment are undoubtedly just a smidgen of what the Special Counsel holds.  The threshold is probable cause.  I doubt the Special Counsel would bring an indictment if he did not hold substantial further evidentiary facts to establish Stone’s guilt beyond a reasonable doubt—a much higher threshold.  So, please, read the stone indictment, read the public facts, and imagine what additional facts the Special Counsel holds.  I’m just sayin’.

            So, rather than point your accusatory finger at me, how about let’s focus on the facts we have . . . rather than opinions of politically biased individuals outside the investigation or a court of law.

 . . . and a follow-up, follow-up comment:

“I think I am finally near giving up on you .. Tom Fitton of Judicial Watch runs a non-partisan legal organization that is funded by the people to root out corruption in the government whether it be corruption by the Dems or the Reps .. If he announced something other than fact he could be counter sued.  Judicial Watch has sued for access to Clinton emails and they have mostly not come forward.. there lies corruption.. everything Hillary was involved in was mostly corrupt and the country knows it and so did Obama.”

 . . . along with my follow-up, follow-up reply:

            I am truly sorry to hear you say that. I try very hard to get the raw facts regarding any topic.  This is no different.  I listen to opinions and talking heads on both the right and left, and from various news sources, and then I try to reconcile those opinions with the actual facts; thus, my serious recommendation for you to read the Stone indictment directly, rather than rely upon an opinion filter.  Your choice entirely.  I have confidence in my process.  Judicial Watch is not as unbiased as you seem to believe.

            Continuation from Update no.891:

“Okey dokey .. how’s those collusion investigations going ?  Have they come up with anything or maybe new angles ?”

My reply:

            Apparently, you have seen the Special Counsel’s investigation report and findings.  Please let me know where you found it.  I would really like to read it for myself.

            Comments and contributions from Update no.892:

Comment to the Blog:

“Every so often, the 538 web site updates its chart comparing the Mueller investigation to others back to Watergate.  So far, Mueller has produced more charges and convictions against more subjects than Watergate at this time-point in the investigation.  Speeches are just vibrating air.

“I rejoice that Jeff Bezos stood up to the blackmailer David Pecker.  I'll note that the object of the blackmailer was to force Bezos to state that Pecker's action in publishing embarrassing information on Bezos was not political.  Hence, it was, in fact, a political act.

“A potential second government shutdown looms.  This is as ridiculous as it is damaging. We need to repeal the law behind shutdowns in general.  It backfired pretty much as expected.  That law is predicated on lawmakers avoiding damage to our nation by compromising on budget issues.  We have proven, repeatedly, that lawmakers don't care enough for that to work.”

My response to the Blog:

            “Speeches are just vibrating air.” Good one; I love it.  I have not been concerned about the Special Counsel’s investigation, for the reasons you cite, until the last couple of days. “Rumors,” disinformation, misinformation, or outright false propaganda has indicated the Special Counsel’s investigation is not examining the BIC’s business organization financial transactions, especially as those money deals may well reflect, if not directly influence, the BIC’s actions or worse criminal conduct.  Without delving into the money movement, I am having a hard time understanding how we can believe the Russian collusion aspect of the investigation was fully explored.  The Special Counsel may have decided the SDNY has jurisdiction in the money actions, but at a very minimum, the money part of collusion must be addressed.

            Re: Bezos.  Well said and spot on.

            I am not aware of any law regarding shutdowns, or perhaps it just does not come to mind.  The Constitution established that Congress must appropriate funds for the operation of government.  The Constitution assumes that all government employees (Legislative, Executive & Judiciary) will do the best thing for the country. The Constitution does not say what happens if Congress fails to appropriate; the implication is thus that the government stops operating.  The best suggestion I have heard to date is, if Congress fails to appropriate funds for any department, bureau, agency or commission under its jurisdiction (without terminating the organization), then neither Congress nor the White House (all employees from top to bottom) will not be paid, period, full stop, i.e., compensation for the affected period is forfeited, not just deferred.  The motivation to avoid shutdowns would be substantially different.

 . . . Round two:

“The shutdowns result from the way underlying laws operate.  In a quick search, all I found was the Budget Control Act of 2011 and the ‘fiscal cliff’ of 2013.  You may remember that Republicans typically howl about debt and deficits (and confuse the two) during Democrat Presidencies, and I was looking for something from Clinton's purportedly Democrat administration.  Unfortunately, I'm not able to name that.  So now, the Resident can use the laws that are in place to hold the nation hostage over one budget item.

“The Founders' assumption that future politicians would operate in goodwill may have been the most foolish idea of their time.  They could have looked around at their colleagues and known better.  Self-interest prevailed then as now.”

 . . . my response to round two:

            I think you may be referring to the Budget Control Act of 2011 [PL 112-025; S.365; Senate: 74-26-0-0(0); House: 269-161-0-3(2); 125 Stat. 240; 2.8.2011] and perhaps the No Budget, No Pay Act of 2013 [PL 113-003; H.R.325; Senate: 64-34-0-2(0); House: 285-144-0-3(3); 127 Stat. 51; 4.2.2013].  Both bills deal with debt ceiling control actions that were clearly never effective, as they were intended; proof: the consistent violations hence. To my knowledge, the first government shutdown occurred on 30.September.1976, during the Ford administration—two centuries after Independence.

            You are spot on correct.  Republicans, especially in recent times, like to howl at spending on Democrat-favored programs, and go deaf, dumb and blind with respect to spending on Republican-favored programs.  Both have seriously increased the national debt; there have been 20 shutdowns since; both parties are culpable.  Even the Tea Party ultra-conservatives fall victim to the exact same phenomenon, e.g., the “I want my wall” foolishness.

            I think the Founders / Framers were far wiser than your words suggest, e.g., three equal branches, super-majority for cloture in the Senate or to over-ride a presidential veto, and of course impeachment.  Yes, I agree, and I think they would as well, that they were flawed human beings as we all are, which is why they created a cumbersome system of governance; they sought checks & balances to compensate for human foibles.

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

Cheers,

Cap                        :-)

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