Nel's New Day

September 19, 2019

The Self-Appointed King Tries to Hide

Loose Lips Dictator Donald Trump (DDT) had to be reminded that he was spreading classified information when he used his signature Sharpie to proud signed the wall replacement—that he called the “new” wall—at the southern border and said:

“One thing we haven’t mentioned is technology. They’re wired so that we will know if somebody’s trying to break through….   You won’t be able to touch it. You can fry an egg on that wall.”

Lt. Gen. Todd Semonite, acting head of the Army Corps, couldn’t even stop him with his recommendation, “Sir, there could be some merit in not discussing that” before DDT described the steel wall’s beams as heat conductors.

Breaking just hours later was news about an intelligence community whistleblower who described a “promise” that DDT made a foreign leader that “raises new questions about the president’s handling of sensitive information.” A high authority, presumably DDT, has ordered the information kept even from congressional members who have legal access to the report. The term “new” means that the concern came after one last summer when DDT released a detailed photo of a failed Iranian launch that was possibly classified, his earlier release of highly classified information to Russian guests about a highly sensitive and valuable matter with Israel, and the discussion of North Korea ballistic missile tests in front of Mar-a-Lago guests and staff. He also refuses to give up his unsecured cellphone. Conservatives point out that presidents can declassify any information, but DDT is the first person in the Oval Office who lacks any filter on his mouth after complaining throughout his campaign about Hillary Clinton’s 33,000 emails.

DDT’s response to the news about the whistleblower was “No problem!”—that people are always listening to his conversations with a foreign leader. He also stated that he was far too smart to “say something inappropriate” in that situation and he “would only do what is right.” The news isn’t “fake,” as he claimed: the whistleblower filed a complaint, the IG’s office examined the complaint, and he considered it credible and urgent enough that he contacted the Office of the Director of National Intelligence which illegally worked with the DOJ to circumvent legal process on congressional disclosure.

After the acting DNI and IG appeared before the House Intelligence Committee, Rep. Mike Quigley (D-IL) reported that the complaint came from “more than one” event although the IG refused to give any other information about the complaint. The impression from the hearing is that the DOJ (aka AG Bill Barr) and DDT are trying to cover up the situation. The acting DNI will testify in open session on September 26, and both men will appear before the Senate Intelligence Committee next week. From appearances, the DOJ (aka AG Bill Barr) and DDT are trying to cover up the situation.    

According to a source, the “promise” was made on a phone call. Reporters found conversations with three foreign leaders in the two months before the complaint filing:  Chinese President Xi Jinping (June 18), French President Emmanuel Macron (July 1), and Russian President Vladimir Putin (July 31). The call with Putin wasn’t recorded, but Russia announced it. Key events during that time of the event and coverup: Dan Coates, Director of National Intelligence, resigned (July 28); U.S. pulled out of INF treaty with Russia (August 2); John Huntsman, the Russian Ambassador, resigned (August 6); and Joseph Maguire named acting DNI (August 8). Maguire was the person who went to the DOJ and told to withhold the information.

Today the media also reported communication 18 days before the complaint was filed in August 12 between DDT and new Ukrainian President Volodymyr Zelensky. The readout of the call noted a focus on Ukraine’s ability to “complete investigations into corruption cases that have hampered Ukraine-US cooperation.” House Democrats were already investigating the call to check on the possibility that DDT and his attorney Rudy Giuliani were manipulating Ukraine to help DDT’s reelection campaign. Records related to efforts to blackmail the Ukrainian government into helping DDT’s former campaign chair Paul Manafort, in prison for illegal lobbying and financial fraud, and finding dirt on Democratic presidential candidate through his son’s activity in Ukraine while Hunter Biden was on the board of the Ukrainian gas company Burisma. DDT had also blocked financial aid for Ukraine that Congress had appropriated.

Giuliani has already pressured Zelensky to extend an investigation into Hunter Biden although previous inquiries had discovered no wrongdoing and advised DDT about how to deal with Zelensky. Last week, DDT released the $250 million to Ukraine after a bipartisan push.

In a letter written this week, Intelligence Community Inspector General Michael Atkinson disagreed with the basis of DDT’s suppression of the whistleblower’s complaint that the situation is out of the DNI’s jurisdiction because it doesn’t concern anyone in the intelligence community and that its release would violate DDT’s “privilege.” Atkinson wrote that the DNI and the DOJ are wrong, that the “disclosure not only falls within the DNI’s jurisdiction, but relates to one of the most significant and important of the DNI’s responsibilities to the American people.” He continued that denial of permission to disclose the “general subject matter” of the complaint to Congress affects “the execution of two of my most important duties and responsibilities as the Inspector General of the Intelligence Community”—his responsibility toward the whistleblower and his duties to the congressional oversight committees.

While DDT declares himself above the law in not permitting congressional members to see a whistleblower complaint, his lawyers are making the same “above the law” claim in a lawsuit against New York District Attorney Cyrus Vance. New York had subpoenaed eight years of his state tax returns per a new state law, and lawyers declared that DDT cannot be criminally investigated while he is in office. With no legal backing, they argued that sitting presidents are immune from all criminal inquiries while in the White House. It’s their enormous responsibility and unique role that removes them from any legal action, especially from local prosecutors. Any “originalist” judge or justice who believes in following the words of the Constitution would laugh in the lawyers’ faces; those words aren’t in the Constitution.

The lawyers themselves probably are aware of their arguments’ ridiculousness, but they’re working hard to delay the release of DDT’s financial records. The request for DDT’s personal and corporate tax returns came from a search into the part that he and his family played in making hush payments to two women during his presidential campaign.

DDT has filed other lawsuits to keep his tax returns private since he promised to make public after his election. These include attempts by congressional Democrats, New York lawmakers, and California in a law requiring presidential primary candidates to release tax returns before being on the ballot. A judge ruled against California today, winning legal arguments were on narrower grounds.

During the Nixon and Clinton administrations, the DOJ barred federal prosecutors from charging a sitting president with a federal crime while in office, claiming that impeachment is the process for wrongdoing. The orders, however, do not deal with state prosecutors. During his time in the Oval Office, DDT has been investigated in federal criminal inquiries by special investigator Robert Mueller. As of May 13, 2019, federal, state, and congressional authorities had at least 29 investigations into DDT’s businesses, campaign, inauguration, and presidency. In May, Mueller said that the DOJ “explicitly permits” the investigation of presidents, but they cannot be charged with federal crimes. DDT’s lawyers claim that investigations against a sitting president are also unconstitutional and called the Manhattan DA “a county prosecutor.”

According to New York law, filing a false business record can be a felony if that the filing was made to commit or conceal another crime, such as tax violations or bank fraud. If Vance obtains DDT’s tax returns, they remain secret unless they are used as evidence in a criminal case.

Thus far, judges have not quashed any subpoenas for his tax returns, and today he obtained only a one-week delay.  The winners of the 2016 election are the lawyers. Being in court doesn’t seem “burdensome” for DDT because he spends a lot of time suing other people.

In another attempt to hide information from Congress, the White House refuses to reveal potentially disqualifying material in Darrell Issa’s FBI file for his director of U.S. Trade and Development Agency confirmation before the Senate. Issa has escaped convictions after his run-ins with the law. Only GOP and Democrat leaders of the Foreign Relations Committee were allowed to see the file, and Sen. Jim Risch (R-ID) initially decided to schedule hearings without the agreement of Sen. Robert Menendez (D-NJ). Over Menendez’ objections, the confirmation for Marshall Billingslea for the State Department’s human rights activities leader continued despite document gaps in his file while he worked on detainee torture policies for George W. Bush. Risch had asked the White House for Issa’s FBI file but receive no response.

DDT’s game is to succeed in his corruption through declaring himself king and hiding everything.

September 16, 2019

Kavanaugh on the Hot Seat Again

One year ago, the Senate defended and confirmed Brett Kavanaugh to the nation’s highest court despite a credible witness who described his sexual assault when they were teenagers. A year later, the New York Times reported another of Kavanaugh’s alleged sexual assaults at Yale that the Senate and FBI attempted to conceal at the confirmation hearings. At the hearings, Kavanaugh denied the woman’s description of how he forced his penis into her face and tried to get her to touch it. He said, “If that had happened, that would have been the talk of campus in our freshman dorm.”

Investigation reveals that Kavanaugh’s assault was “the talk of the campus.” Long before he became a federal judge, at least seven people, including the victim’s mother and two classmates, heard about his behavior. Two FBI agents who interviewed the victim, found her “credible,” but the GOP-controlled Senate did not give them authorization to investigate.

The FBI also failed to investigate another report from a classmate, Max Stier, who “saw Mr. Kavanaugh with his pants down at a different drunken dorm party, where friends pushed his penis into the hand of a female student.” Stier told both senators and the FBI about Kavanaugh’s behavior during the vetting process, but no one followed up, in spite of 25 possible corroborating witnesses.

These credible witnesses were in addition to the account from Dr. Christine Blasey Ford published in the Washington Post:

“[Kavanaugh] pinned her to a bed on her back and groped her over her clothes, grinding his body against hers and clumsily attempting to pull off her one-piece bathing suit and the clothing she wore over it. When she tried to scream, she said, he put his hand over her mouth.”

The NYT buried the story under “news analysis” that appeared to focus on the victim not fitting into Yale. The tweet from NYT Opinion claimed “having a penis thrust in your face at a drunken dorm party may seem like harmless fun.” Even the follow-up deletion and “apology” about the “poorly phrased” statement didn’t salvage the disgusting former tweet that made sexual assault seem like the new normal.

The article was abstracted comes The Education of Brett Kavanaugh: An Investigation, extensively researched by the authors Robin Pogrebin, Kavanaugh’s classmate at Yale, and Kate Kelly. Among much more information, the authors point out that all Kavanaugh’s achievements, including justice on the Supreme Court, resulted from the power given him by other men, starting with his parents paying for his education in a prestigious school. In the hearing, Kavanaugh surrounded himself by female family and friends to show how much they love him.

Sen. Kamala Harris (D-CA), one of the five top contenders for Democratic presidential nomination, said: “I sat through those hearings. Brett Kavanaugh lied to the US Senate and most importantly to the American people. He was put on the court through a sham process and his place on the court is an insult to the pursuit of truth and justice. He must be impeached.”

Another candidate, Sen. Amy Klobuchar (D-MN) agreed that the confirmation process was a “sham.” Rep. Ilhan Omar (D-MN) will undoubtedly face more ire from DDT for saying:

“Nothing terrifies this corrupt president more than the idea of Congress upholding the rule of law. We must open impeachment inquiries against Trump and Kavanaugh immediately. It’s our constitutional duty.”

Last fall, Sen. Chris Coons (D-DE) wrote FBI Christopher Wray with a request for an “appropriate follow up” with one individual who had come to Coons with information about Kavanaugh. The letter, which identified Kavanaugh’s classmate at Yale University Max Stier, stated that “several individuals” contacted his office who had wanted to share information with federal authorities but said they had “difficulty reaching anyone who will collect their information.” DDT was in charge of the investigation’s scope and limited the number of witnesses to ten of all the people who had information about the Supreme Court justice nominee. A spokesman for Judiciary Committee Chair Chuck Grassley (R-IA) said the senator’s staff knew nothing about Stier’s information. Friends of the woman who was the subject of Stier’s information said that she didn’t remember it happening.

Sen. Susan Collins (R-ME) may be the senator most hurt by a vote in favor of Kavanaugh’s confirmation. In any close vote, she tends to support the GOP even if she has promised not to do so. Her vote for Kavanaugh gave him the 50 votes that he needed, and she claimed that it was after a “very thorough review.” As a Senate insider, she knew a year ago what the public is now learning, that the investigation was a sham without reasonable investigative steps. Agents interviewed none of the 12 people whose names were given to the FBI by one of the women alleging that Kavanaugh sexually assaulted her. The investigators, given only one week, also ignored an allegation of another drunken misbehavior. When Sen. Jeff Flake (R-AZ) asked for openness, the other GOP senators provided cover for their nominee. Meanwhile, DDT made repeated calls for the DOJ to strike back at accusers.

Up for re-election in 2020, Collins faces angry constituents. She said she is opposed to DDT stealing money from the military for his wall but cast the deciding vote against an amendment that would stop it, taking $200 million from construction at Portsmouth Naval Shipyard. She cast a vote for the tax cut benefiting the wealthy and big business with a lying excuse that it would help the poor and middle class, and she cast the deciding vote for a nominee who separated families. She also voted for three judges who refused to affirm the Supreme Court decision to desegregate public school students. Donations reflect her lack of popularity in her home state: the owners of Breitbart have donated more to her campaign in one quarter than all the money from Maine voters combined. Only 15 people have donated more than $200 to her, and the number of people donating less than that sum is small.

Over a month ago, the House Judiciary Committee requested records from the National Archives related to Brett Kavanagh while he worked for George W. Bush to understand his true position on Roe v. Wade. During his hearings for the Supreme Court and his appointment to a lower court, Kavanagh downplayed under oath his anti-abortion views, likely illegal representations and downright lies like the ones Collins believed. Republicans withheld 92 percent of these documents during the confirmation process. Already known are his lies about his knowledge regarding warrantless surveillance and torture during W’.s administration in 2006 and other information about Ken Starr’s investigation into President Bill Clinton, but these other records could show the extent of his falsehoods under oath. Committee Chair Jerry Nadler (D-NY) said the records are relevant because “in the coming year, the Supreme Court will again address important matters regarding civil rights, criminal justice, and immigration [and] may also review certain high-profile cases related to reproductive rights, the separation of powers, and the limits of executive authority.”

As might be expected, DDT was furious about the reporting, calling for Kavanaugh to sue people for “liable,” his term for libel. If Kavanaugh follows DDT’s directions, the discovery about his lying under oath could be extremely damaging. Using his belief that the DOJ is his fixer, DDT asked the DOJ to “rescue” Kavanaugh just as he argued that the DOJ shouldn’t bring federal charges against members of Congress to protect the GOP campaigning and directions to the DOJ to fire employees disloyal to DDT or prosecute his enemies.

The DOJ followed DDT’s directions by suing Omarosa Manigault Newman for financial disclosure violations after Omarosa had missed a disclosure report while ignoring Kavanaugh’s violations. He has never identified the “friends” who paid off his mortgage and the $60,000-$200,000 credit card debt, much of it for baseball tickets, so that he could be a “credible” nominee for the Supreme Court. The money should be counted as a financial gift to be publicly reported, and the benefactors may have cases before the Supreme Court.

Last week, AG Bill Barr started his fixing by giving an award to Kavanaugh’s fixers. The Attorney General’s Award for Distinguished Service, the second highest honor from the DOJ, was awarded last year to the prosecutor who convicted Ahmed Abu Khattala, a ringleader of the Benghazi terrorist attack that killed four people from the U.S. This year Barr gave the award to the 100 DOJ lawyers who covered up for Kavanaugh to get him onto the Supreme Court allowing the perversion of law enforcement with politics. 

Those who have forgotten how evasive and unhinged Kavanaugh appeared at his confirmation hearing can refresh their memories by watching this clip from The Rachel Maddow Show. [Visual – Kavanaugh victim]

Kavanaugh consistently lied during confirmation hears for both federal judge and Supreme Court justice. These new reports add to this record of falsehoods.

Thanks to DDT, the DOJ, and GOP senators, the U.S. Supreme Court now has two men among its nine justices who are credibly accused of sexual assault.

September 3, 2019

Courts Still Help ‘We the People’

August may be a time for Congress and Dictator Donald Trump (DDT) to take a hiatus, but the courts keep chugging along. Here are a few highlights:

Voting:

Today, North Carolina’s state court ruled the GOP legislative gerrymandering unconstitutional and gave specific guidelines to the GOP state legislature in redrawing the lines within two weeks by September 18. Other gerrymandered states such as Wisconsin, Maryland, and Texas could follow the same directions.

Mississippi shows how bad gerrymandering can be. The 5th Circuit Court of Appeals upheld a district court ruling forcing the legislature to redraw the 102-mile-long state Senate District 22 spanning parts of six countries. The districting, done in 2012, diluted black voter strength to re-elect a Republican. Multiple voting machines in nine counties during last week’s Mississippi election switched votes and kept voters from their choices during a gubernatorial runoff race. The machines preferred Lt. Gov. Tate Reeves who won the runoff with 54 percent of the vote. At a Las Vegas convention, attendees as young as 11 were able to hack into voting machines, and at least ten states have made remote hacking easier by connecting computers to the internet. 

Paperless voting machines are another GOP way of controlling the vote, and a federal district court judge ordered Georgia to stop using paperless voting machines after 2019. For 2020, Georgia must either use paper ballots filled out with a pen and then fed into an optical scanner or voting machines that print a paper ballot record. Election officials must also fix errors in the state’s voter registration database and provide paper backups for the electronic poll books at each polling place, used to track whether a registered voter has cast a ballot or not when a voter shows up on Election Day. Employees of the firm that manufactured Georgia’s current paperless voting machines left them open to hacking by designing electronic ballots from their home offices rather than in a secure location. The ruling is the first to block use of paperless voting machines, also used in a dozen other states. Earlier this year, the state gave a $107 million contract for “ballot-marking devices,” machines that print a bar code and a text summary of individual votes. The bar code, which voters cannot read, is used for tallying votes, not the text summary. The lawsuit began when Brian Kemp, the Republican in charge of voting, was “elected” governor last year after evidence of security failings was destroyed. Like Kemp, his successor opposes paper ballots. 

The 7th Circuit Court supported a lower court in rejecting a 2017 Indiana law allowing election officials to cancel a voter’s registration without the voter’s confirmation. By using Interstate Crosscheck, faulty computer software checking a database of 24 states, the state got rid of Democratic registrations. The National Voter Registration Act requires that states cannot remove voters from rolls without a “reasonable effort.” The judge said that “the only way to know whether voters want to cancel their registration is to ask them.”

Ohio’s aggressive voter removal process has also been temporarily settled when the state agreed that all eligible voters removed through 2019 may cast provisional ballots in any local, state, special, or federal election through 2022 which are counted. Doing this will restore voters to the rolls. Ohio failed to provide proper notice to voters whose registration was in jeopardy and now must notify non-registered eligible voters of the settlement with the deadline for registering and tell boards of elections to use motor vehicle records to determine if voters still live where they registered. After the settlement, the Ohio Democratic Party sued to keep over 200,000 voters from being removed on September 6.

With Texas facing the possibility of turning purple, emails show that Gov. Greg Abbott (R) led the effort to purge thousands of voters from state election rolls although former Secretary of State David Whitley got the blame and resigned. A federal court stopped the purge of almost 100,000 people wrongfully identified as non-citizens. Texas tries to keep Texas voters white and GOP through restrictive voter ID laws, barriers to earlier voting, and difficulties in casting ballots, efforts overturned a half-dozen times in the past few years. Texas conservatives also hire people to sit outside driver license offices and register people after screening them with the question of whether they want “less government and less taxes” or “more government and more taxes.” Last year, Democrats flipped two congressional seats, and gained 12 in the Texas House and two in the Texas Senate.

Other:

In Maryland, a district court ruled that transgender military service members have legal standing to sue for their rights. DDT cannot block judicial review of his trans military ban.  

A U.S. district court judge in Michigan permitted a challenge to DDT’s Muslim Ban that bars immigration and travel from identified predominantly Muslim countries. The judge supported the claim of unconstitutional religious discrimination, writing that “the Plaintiffs present sufficient evidence that the Proclamation is unable to be explained by anything but animus towards Muslims.”

An Oklahoma judge ruled that drugmaker Johnson & Johnson helped fuel the opioid epidemic through its marketing of powerful painkillers and ordered the company to pay $572.1 million in damages. The decision is the first in approximately 2,000 state and local lawsuits against health care companies pushing opioids. Oklahoma stated that J&J was “at the root of the crisis” and created a “public nuisance.” Earlier this year, the state settled claims against Purdue for $270 million and Teva for $85 million. The wealthy Sacklers family, who made their fortune from Purdue Pharma’s oxycontin, may keep most of their money by selling the company to avoid a federal $10 billion to $12 billion settlement.

A federal judge temporarily blocked a Missouri law banning abortions after eight weeks with no exceptions for rape and incest. Courts blocked similar laws in Mississippi and Kentucky earlier this year. A federal judge also blocked Ohio’s so-called “heartbeat law” that would ban abortions as early as six weeks before women know that they are pregnant.   

Taylor Dumpson, the first black woman to serve as student government president at American University in Washington, D.C., was awarded $725,000 from a massive “troll storm” against her by Andrew Anglin, founder of neo-Nazi site the Daily Stormer, Andrew Anglin, and follower Brian Ade, who failed to appear in court. Anglin, who fled the U.S., has also been ordered to pay $14 million to Tanya Gersh, a Jewish Montana real estate agent who he harassed, and $4.1 million to Muslim comedian Dean Obeidallah after falsely accusing him of involvement in the May 2017 terrorist attack at an Ariana Grande concert in Manchester, England. Eight months ago, another defendant, Eugene (OR) actor and musician Evan McCarty, settled after an apology to Dumpson and publicly renouncing white supremacy, completing 200 hours of community service at a racial justice organization, and finishing “anti-hate” training.

A judge invalidated the Treasury Department’s permission to IRS to conceal the identity of donors who contributed over $5,000 to nonprofits during one year. The IRS violated the law by not having the required notice and comment period.

In Arizona, a state court of appeals ruled that people in the state have a constitutional right to online privacy from police who don’t have a warrant based on appearance of criminal activity because Internet users have a “reasonable expectation of privacy” for information about themselves furnished to internet providers based on the state constitution. The decision conflicts with federal court rulings that people give up privacy when they give information to third parties and are no longer protected against unreasonable search and seizure in the Fourth Amendment.

Despite federal attempts to open all public land to mining, drilling, and housing developments, a federal judge blocked construction of a huge open-pit copper mine in Arizona’s Coronado National Forest considered ancestral sacred burial sites for the Hopi, Tohono O’odham, and Pascua Yaqui tribes. Interior Secretary David Bernhardt, former lobbyist for the copper company, wanted to give his friends this land as well as another place near the border for a 70,000-person housing development destroying the San Pedro, one of the Southwest’s last free-flowing rivers. The current project, near Benson, is back on after the federal government issued permits. People are waiting to see if the government will close a uranium mine near the South Rim of the Grand Canyon contaminating groundwater with radioactive waste.

The 11th Circuit Court ruled that feeding the homeless is “expressive conduct protected by the First Amendment” and sent a lawsuit back to a lower court to see if a city ordinance violates those rights. In 2014, after Fort Lauderdale (FL) required a permit to share food in public parks, police arrested a 90-year-old man (left) and two ministers who gave food to homeless people. 

A federal judge dismissed a $250-million libel lawsuit against the Washington Post filed by Covington Catholic High School student Nicholas Sandmann after he received negative media attention from his behavior in Washington, DC while attending a pro-life march. The filing called the reporting false and defamatory; the judge called it constitutionally protected. Sandmann’s dad, Ted, plans to appeal.

After New York City police officer Daniel Pantaleo, whose chokehold killed the unarmed Eric Garner in 2014 while other police officers watched, was exonerated last summer, outrage built, and a police administrative judge found Pantaleo guilty of violating a department ban on chokeholds. The tragedy was resolved with Pantaleo was fired and stripped of his pension benefits. Garner had cried out “I can’t breathe” eleven times until he stopped breathing. Garner had been accused of selling untaxed cigarettes.

One recent decision is questionable and could throw the nation into chaos. The 10th Circuit Court has ruled that representatives for the Electoral College are not required to vote in accord with the popular vote of their states. The lawsuit came after seven of the electors went “rogue” in the 2016 election. If that decision were left to stand, 538 individual people would be the only ones to vote for the president of the United States. The ruling covers six Western states unless it is overturned by an en banc decision or the Supreme Court. 

July 12, 2019

Acosta Gone, Barr Protects DDT

Labor Secretary Alex Acosta failed to survive the scandal surrounding the Acosta’s extremely light sentence for Jeffrey Epstein when he was a U.S. AG in Florida over a decade ago. Dictator Donald Trump (DDT) announced Acosta’s “resignation” today, effective in a week. For DDT, it’s a win-win: he looks tough, and he can put in an acting secretary who will be far harder against labor than Acosta has been. Acting chief of staff Mick Mulvaney wanted Acosta gone to get rid of more regulations.

DDT, the man who promised to “drain the swamp,” has the most Cabinet secretaries lost to corruption and other ethics concerns during the first term of any presidency, showing his nepotism, self-dealing, lax oversight, and choice of lobbyists who oppose the policies of their agencies. Ronald Reagan had some struggles: his EPA director Anne Gorsuch, a Supreme Court justice’s mother, was found in contempt of Congress for refusal to release records about Superfund money misuse, and his interior secretary James Watt mocked diversity in a U.S. chamber of Commerce speech and lied about his influence-peddling as a lobbyist. Acosta makes the fifth “resigned” Cabinet secretary from ethics issues, joining Tom Price (HHS), Scott Pruitt (EPA), David Shulkin (VA), and Ryan Zinke (Interior). DDT’s replacements for the four are all former lobbyists or corporate executives for the industries they now oversee. Other appointments have been withdrawn because of more ethics problems: Andy Puzder (Labor) for labor violations and spousal abuse; and Ronny Jackson (VA) for misconduct and mismanagement. Another remaining three Cabinet members—Ben Carson (HUD), Elaine Chao (Transportation), and David Bernhardt (Interior)—face ethical problems.  

Acosta’s replacement, deputy secretary Patrick Pizzella who was former lobbyist for overseas sweatshops, will add to DDT’s stable of ethically-challenged lobbyists in his Cabinet. In the late 1990s, he worked with Jack Abranoff, whose 21 convictions led to reforms in lobbying laws, for a Russian front group, the government of the Marshall Islands, and a trade association opposing a minimum wage in a U.S. commonwealth. 

The DOJ is still protecting DDT in the case of his friend, hedge fund billionaire Jeffrey Epstein, again arrested for sex trafficking after DDT’s Labor Secretary Alex Costa, then U.S. AG in Florida, let Epstein off in 2008. Or maybe DDT is protecting himself; in 2016, the BBC released a documentary accusing DDT of “predatory” behavior toward teenage girls, some underage, by model Barbara Pilling. In an earlier court filing, Epstein said, “I want to set up my modeling agency the same way Trump set up his modeling agency.” More support for Epstein has come from DDT’s DOJ. The involvement of AG Bill Barr to exonerate Epstein could indicate wrongdoing by DDT. More background on Epstein.

Barr’s recusal from the Epstein case didn’t last long. Originally recusing himself from the New York sex trafficking case because of his work at the law firm Kirkland and Ellis lawyer representing Epstein, Barr changed his mind and will only recuse himself from an investigation of Labor Secretary Alex Acosta’s involvement in Epstein’s Florida plea deal. At least for now. He has said nothing about his family connection with Epstein. In 1973, Barr’s father hired Epstein, then 20 and without any college degree, to teach calculus and physics teacher at the prestigious Dalton School. Epstein went on to amass a fortune under the mentorship of a student’s father, Bear Stearns’ chairman Alan “Ace” Greenberg, and Barr’s father, Donald Barr, resigned a year later under pressure from the school’s board of trustees after Headmaster Barr morphed a “humanistic, progressive” school into one with “discipline and authoritarian rule.” The headmaster was irritated by the board’s hiring an outside committee to evaluate the school and its operation.

Epstein is surrounded by many of the rich and famous: Prince Andrew; Woody Allen; Mort Zuckerman, owner and publisher of the U.S. News and World Report who partnered with Epstein to develop the gossip publication Radar; Leslie Wexner, the chairman of Limited Brands which owns lingerie store Victoria’s Secret; Ken Starr, who led the impeachment of Bill Clinton and played a “significant part” in Epstein’s plea deal; and Larry Summers, former Harvard president and secretary of the treasury. Woody Allen’s play Manhattan, released a few years after Epstein left Dalton, is about an affair between a 17-year-old Dalton school student and an older man.

Questioning people wonder if DDT told Barr to unrecuse himself as he did with AG Jeff Sessions about the Russia investigation and Hillary Clinton issues. Another reason for Barr to withdraw his recusal is DDT’s interest in using Bill Clinton’s ties to Epstein for campaign fodder, something that Barr can more easily do if he doesn’t recuse himself. DDT may have other involvements in the case against Epstein.

In Acosta’s secret arrangement with Epstein, victims were not notified about plea agreement, and an email from Jay Lefkowitz, Epstein, thanked Acosta for not telling them. In February 2019, U.S. District Judge Kenneth Marra ruled that the government’s agreement violated federal law, specifically the “Crime Victims’ Rights Act,” which could nullify the 2008 settlement. The judge also asked that Acosta apologize; he has not publicly commented on the case, even during his resignation comments.  

As Labor Secretary, Acosta drastically cut funding from his agency to fight sexual exploitation of children from $68 million to $18.5 million. He also tried to cover his support for Epstein by asking women to come forward, and 14 women have accused Epstein of sexual assault and sex trafficking since he was arrested on July 6. Federal prosecutors revealed that he paid $350,000 to two people days after a published investigation in a Miami newspaper last November to buy off possible witnesses, one of them a co-conspirator in the deal that Epstein made. Defense lawyers are trying to get Epstein released on bail with the claim that he has been law-abiding for 14 years.

Earlier when  Epstein pled not guilty, his defense lawyer Reid Weingarten asked for bail because there was no rape: “no violence, no coercion, no intimidation, no deception.” Answering the judge about the girls being under 18, Weingarten said that would make it “statutory rape” before he claimed he was having a “senior moment,” that lack of penetration would not constitute rape at all. He also complained that it was only “prostitution,” not “sex trafficking,” although girls were transported from Florida to New York. Epstein is staying in jail without bail until July 15.

Acosta’s slap on Epstein’s wrist may be used against Epstein in his upcoming prosecution. Juries usually cannot hear about a defendant’s prior convictions, but one exception to this rule is criminal cases involving “child molestation.” As part of his Florida agreement, Epstein pled guilty to a state charge of solicitation of minors to engage in prostitution. Prosecutors may be able to use the legal trove of documentary evidence found in his Manhattan apartment—notes, call records between Epstein and his accomplices with victims, and “an extraordinary volume of photographs of nude and partially nude young women or girls.”

The New Yorker Magazine reported that Epstein’s “business” might be a blackmail scheme implicating many of his friends. A billionaire hedge-fund manager said that he knew no one who had investigated in Epstein’s so-called hedge funds.

In another effort to protect DDT, Barr plans to investigate the FBI’s investigation of Russian collusion in the 2016 election. Barr presented this political question, throwing it out like red meat to DDT supporters:

“How did the bogus narrative begin that Trump was essentially in cahoots with Russia to interfere with the U.S. election?”

The FBI had credible evidence that led to suspicions and questions—no “bogus” and no “narrative.” From the Washington Post:

“This is a guy who sounds like he developed strong feelings long ago—before, even he has admitted, he was privy to all the information—that the collusion investigation was unfounded and launched for suspicious purposes. And his commentary to this day is consistently uncharitable to the law enforcement personnel who serve beneath him. We didn’t need another reason to question Bill Barr and the integrity of his work, but he’s given us one anyway.”

Afraid of special investigator Robert Mueller testifying before the House, Barr is smearing the process and encouraging special investigator Mueller to back out of his appearance on July 17. Barr has failed: Mueller postponed his appearance before the House committee for a week in order to allow more time for questioning.

DOJ investigators interviewed Christopher Steele, the former British spy who prepared the dossier that DDT’s supporters falsely claimed instigated the Robert Mueller probe, for 16 hours last month and found his testimony credible and surprising. Steele’s hiring by Fusion GPS developed out of a attempt, initially contracted by conservative political website The Washington Free Beacon, to obtain opposition research on DDT and other Republican presidential candidates to benefit candidate Sen. Ted Cruz (R-TX). According to DOJ investigators—who were looking for dirt on Dems—Steele provided new and important information that fails to support Barr’s desire to smear the FBI.

DDT may further protect himself by getting rid of Director of National Intelligence Dan Coats, one of the few ethical official left in the administration, “sooner rather than later.” Although DDT can’t get rid of the office, he wants to “downsize” it. A possible replacement is Fred Fleitz, former chief of staff to John Bolton. A rabid Islamophobe, Fleitz is president and CEO for the far-right, anti-Muslim “think tank,” the conspiratorial Center for Security Policy. Fleitz believes that mosques are responsible for over 80 percent of U.S. violence and subversion.

July 4, 2019

Will the Judicial Branch Protect Democracy?

July 4—the date that people in the United States celebrate the adoption of the Declaration of Independence by the Second Continental Congress. For the past 243 years, some people have tried to protect the nation from the erosion of democracy, a far more difficult task in the past two years as Dictator Donald Trump (DDT) destroyed U.S. relationships with all countries except those run by autocrats and dictators. Setting himself up as the supreme ruler with no checks, DDT is enabled by congressional Republicans. Although the third branch of government, the judicial branch, has tried to protect democracy, DDT is loading lifetime judgeships with mostly young white men who follow his authoritarianism.

DDT’s latest move outside the law came from his determination to put a question about citizenship on the 2020 census. A week ago, the Supreme Court decision gave DDT two options: print the census without the question or go back to court to with a better reason and fewer lies to include the question. Over the weekend, DDT’s administration looked for ways to stall—with DDT even suggesting that the constitutionally mandated census might be delayed.

Four days later, the DOJ said it would not return to court, and Commerce Secretary Wilbur Ross (bottom left) announced that the census forms were sent to the printers without the question. Yet DDT tweeted that the question would be on the 2020 census, catching the attention of a judge. Yesterday, the judge convened a telephone conference with government and Maryland immigrant-rights groups lawyers to address DDT’s declaration that the government was “absolutely moving forward” with its citizenship question plan for the 2020 census, defying a Supreme Court ruling and contradicting the DOJ and Commerce Department statements. Josh Gardner, DOJ’s civil division lawyer, said he knew nothing about DDT’s position until he read the tweet. Assistant AG Jody Hunt told the judge that DOJ lawyers “have been instructed to examine whether there is a path forward, consistent with the Supreme Court’s decision” to include the question. The DOJ also warned the New York court ruling opposing the question that it might again appeal the case to the now-recessed Supreme Court. 

Lawyers from the rights groups requested a court order requiring the government to agree that “there will be no further effort to inquire about citizenship status as part of the 2020 census.” They also asked the judge to compel the administration to “publicly counter any such misinformation that comes from government officials.”

The judge said that he might not be able to “enjoin the President of the United States from tweeting things” but ordered the DOJ to explain by tomorrow at 2:00 pm EST whether the government would still try to add the question to the 2020 census forms. DOJ lawyers asked if they could have until Monday. The judge said, “No.” Lawyers for the rights groups reminded the judge that DOJ lawyers previously insisted the printing process for census forms begin by last Monday. The Census Bureau already botched a contracting process when the Government Publishing Office awarded its single largest printing contract to a bankrupt company. 

On Independence Day, DDT’s latest ploy is to overturn the Supreme Court decision by ordering the citizenship question through an executive order.

Judges across the country are opposing DDT’s positions. A federal judge in Seattle blocked AG Bill Barr’s order [Barr: right of Ross] to keep thousands of migrants indefinitely detained while waiting for asylum case decisions. Denying migrants a bail hearing is unconstitutional, according to the judge; a bond hearing must be granted within seven days or migrants will be released. DHS has raised fees for asylum seekers, slowed the processing and forced over 13,000 migrants to wait in Mexico for movement on their legal cases. Barr’s order is one reason for the seriously overcrowded facilities.

DDT claims that living conditions in his detention camps are “better than where they came from,” but a report from his own DHS Inspector General tells of horrific conditions with filth and overcrowding at the migrant detention centers. People lie in cages on bare cement floors with nothing to do, and men are held for weeks in a room with standing room only—88 of them in a room designed for 40. Children have no access to showers, clothing changes, laundry facilities, and hot meals. 

A federal judge ordered lawyers representing detained migrants and US Customs and Border Protection to rapidly resolve allowing health experts to examine children and inspect detention facilities inside a Florida migrant facility. The order covers all CBP’s El Paso and Rio Grande Valley sectors. Children lack access to soap, clean water, toilets, toothbrushes, medical care, and adequate nutrition and sleep. With infants and pregnant women, they “are dirty, cold, hungry and sleep-deprived,” according to the court filing. Children are required to care for infants and toddlers, some of whom show signs of illness. John Kelly, former DHS director and DDT’s chief of staff, is on the board of the company owning the Florida facility.

A federal judge expanded a previous ruling to block DDT from taking billions of dollars in military funds for his southern border wall in New Mexico, California, Arizona and Texas. DDT claimed “national emergency”; the judge said that there was no new evidence for changing an earlier decision. He also stated that the wall would cause “irreparable harm” because it “will harm [the plaintiffs’] ability to recreate in and otherwise enjoy public land along the border.” A 2-1 vote in a 9th Circuit Court panel denied DDT’s request to halt the order blocking military funds for a border wall.

The 9th Circuit Court sent a decision against DDT’s transgender ban in the military back to federal judge, Marsha Pechman, ruling that she should have given the military’s judgment more deference. The Supreme Court lifted lower court injunctions blocking the ban from going into effect although it didn’t address the ban’s legality. Pechman was one of four federal judges ruling against the ban on the basis of the constitution’s equal protection guarantee. DDT’s used inaccurate figures in a claim of “tremendous medical costs”; no one in the military has cited DDT’s claim of “disruption” regarding transgender military members.

The 9th Circuit Court also vacated a unanimous three-judge panel decision allowing DDT’s gag rule on facilities serving low-income women seeking abortions. DDT’s orders prevented clinics receiving federal funds from making abortion referrals and sharing space with abortion providers. Injunctions against DDT’s declaration will continue in Oregon, Washington, and California as the issue works its way throughout the courts.

The 9th Circuit Court denied an appeal from three University of Oregon basketball players who were expelled from the school for rape allegations. They had originally sued in 2015 on the basis of gender discrimination; a federal court threw out their lawsuit.

The 4th Circuit Court ruled 2-1 that the Matthew Shepard and James Byrd Hate Crimes Prevention Act applying severe criminal penalties for violent acts motivated by race, religion, and other protected classifications applies to workplace assaults. A defendant lost his claim that the law didn’t apply to his punching a gay co-worker in the face.

A Montana district court blocked Canadian mining company Lucky Minerals Inc. from exploring for gold just north of Yellowstone National Park.

Scott Warren, an Arizona activist on trial for saving the lives of migrants in the desert, was acquitted by a hung jury. Federal prosecutors plan to seek a retrial for Warren, hoping to put him in prison for several years for giving food, water, clean clothes, and beds to migrants in the desert. 

A last-minute change in testimony exonerated Navy Seal Eddie Gallagher in the 2017 murder of a 15-year-old captive in Iraq. Given immunity, medic Corey Scott changed his previous statements and claimed he killed the boy after several Navy Seals testified they saw Gallagher stab the boy to death. Gallagher had texted a photo of himself posing with the body and the message, “Good story behind this, got him with my hunting knife.” DDT had previously arranged for Gallagher’s release from confinement and suggested he would pardon him.

The West Virginia Supreme Court ruled that going on someone else’s land without their permission is trespassing. Two people sued a giant corporation for building roads and drilling a well without permission to get gas from adjacent lands.

For almost a decade, Republicans worked to destroy the Affordable Care Act. Some are now getting nervous about their re-elections of they succeed in the goal. With two conservative judges on a panel who might strike down the ACA, the GOP state AGS asked the 5th Circuit Court to delay oral arguments, but the court gave them one business day until July 9. The court will begin by deciding whether states and the House of Representatives have standing to defend the ACA.

House Democrats, led by the Ways and Means Committee Chair Richard E. Neal (D-MA), are suing the IRS and Treasury Department to gain access to DDT’s tax returns. Both Treasury Secretary Steve Mnuchin and IRS Commissioner Charles Rettig consistently refused to obey the 1924 law requiring them to release DDT’s tax returns. One reason given for obtaining the tax returns is DDT’s incessant complaining about how unfair the audit process is. House members need to see his returns to evaluate his complaints.

This year, the Supreme Court couldn’t decide Carpenter v. Murphy; it is “restored to the calendar for reargument.” The question is whether Oklahoma can prosecute major crimes committed by Native Americans on reservation land for the Five Civilized Tribes, covering the eastern half of the state including Tulsa. Deciding for the defendant, Patrick Murphy, would threaten the validity of past convictions—something that didn’t bother conservative justices in other decisions this year—or replace past law regarding the dissolution of Native American reservations. States have something to look forward to next year because Oklahoma may not be alone in backlash to the decision.

June 29, 2019

Supreme Court Moves to Eliminate Democracy

The debates took up much of the media air last week, but the Supreme Court decisions are what will permanently change democracy in the United States. The two biggest one came out Thursday, the last day of the session so that the conservatives could quickly get out of town. Chief Justice John Roberts now has a one-two-three punch against voting with his three major decisions to suppress the vote. In the first, Citizens United, Roberts gave donors the right to give unlimited amounts of “dark money” to political candidates. His elimination of the almost 50-year-old Voters Rights Act made sure that states could keep minorities and the poor from voting in the states that were usually inclined to discriminate against these populations.

This Thursday, Roberts guaranteed that politicians can select their own voters instead of the constitutional position that voters should pick their candidates, and courts can’t stop gerrymandering even if it promises partisanship. Roberts’ swing vote in Rucho v. Common Cause blocking federal courts from preventing the most aggressive partisan gerrymandered districts that computers can create. In a circular pattern, Republicans pick districts so that the districts will pick Republicans.

The conservative majority used the excuse that some acts can violate he Constitution but are beyond the judiciary to determine any violations. Roberts’ reasoning that courts cannot require states to draw legislative maps somewhat proportional adversely twisted the definition of “proportional representation” for voting, meaning legislative representation should track electoral results. He allows states where Democrats win 54 percent of the vote to give Republicans 65 percent of the legislative seats, and he skipped the part of the U.S. Constitution that prohibits states from denying anyone “equal protection of the laws.” The First Amendment also prohibits viewpoint discrimination—aka gerrymandering. For elections, Roberts views the amendment narrowly while he uses it for unlimited expenditures to influence elections.

The swing vote in Department of Commerce v. New York, Roberts voted against the conservative four justices. The racist policy by Dictator Donald Trump (DDT) to rig the census by requiring all people in the U.S. to answer a question of their citizenship provided more voter suppression by shrinking districts with Latinx, designed to allocate congressional seats in a way that “would clearly be a disadvantage to the Democrats” and “advantageous to Republicans and Non-Hispanic Whites.” The U.S. census is ordered for all “people” in the nation, not citizens or legal residents.

Experts testified that the citizenship question “could seriously jeopardize the accuracy of the census,” because “people who are undocumented immigrants may either avoid the census altogether or deliberately misreport themselves as legal residents.” Meanwhile, legal residents “may misunderstand or mistrust the census and fail or refuse to respond.” The Census Bureau “calculated in January 2018 that adding a citizenship question to the 2020 census was likely to lead to a 5.1% differential decrease in self-response rates among noncitizen households.” The purpose of the census covers a lot of territory from determining the number of legislators, both state and federal, and the amount of federal funding for different areas.

Commerce Secretary Wilbur Ross lied about the question’s inception and reason and falsely claimed that it was necessary to help the DOJ enforce the remaining portion of the Voters Rights Act. Evidence, however, “showed that the Secretary was determined to reinstate a citizenship question from the time he entered office; instructed his staff to make it happen; waited while Commerce officials explored whether another agency would request census-based citizenship data; subsequently contacted the Attorney General himself to ask if DOJ would make the request; and adopted the Voting Rights Act rationale late in the process.” This evidence suggests that “the Secretary had made up his mind to reinstate a citizenship question ‘well before’ receiving DOJ’s request, and did so for reasons unknown but unrelated to the VRA.”

Although Roberts voted that the question had to go back to state courts for another look, he denied that it should be removed because Ross didn’t follow a federal law requiring a three-year notice to Congress about “the subjects proposed to be included, and the types of information to be compiled.” The ruling did not state that the decision was “substantively invalid” but that “agencies must pursue their goals reasonably,” and “reasoned decisionmaking under the Administrative Procedure Act calls for an explanation for agency action.” Remanded back to the New York district court, the Supreme Court decision overturned a ruling that the question is “arbitrary and capricious” under the Administrative Procedures Act and upheld the constitutionality of a citizenship question under the Enumeration Clause of the Constitution. The ruling determined the question legal if the Commerce Department can come up with a good enough reason.

DDT is so furious about the citizenship question decision that he wants to (unconstitutionally) delay the census until he gets his way. Supposedly, census forms printing must be started next week to complete them in time, but Commerce Department could wait until October 31 to start printing the questionnaire if it can get “extraordinary resources” allocated by Congress.

In a filing last Monday, Maryland District Court Judge George Hazel stated the evidence “potentially connects the dots between a discriminatory purpose—diluting Hispanics’ political power—and Secretary Ross’s decision” to add a citizenship question with the argument that DDT violated the Constitution’s equal protection clause. Although the Supreme Court decision may stop the Maryland lawsuit, it can reappear if Ross returns with new reasons.

DDT’s court continues its pattern: conservative decisions are sweeping ones that change laws; liberal ones are narrow with little relief except in one specific situation.

In the census decision, Justice Clarence Thomas, on the court thanks to Joe Biden’s refusal to listen to women’s statements about Thomas’ sexual harassment, called Judge Jesse Furman a conspiracy theorist for challenging Ross’ lies. Earlier, Thomas had raged about sending a case back to Mississippi for a sixth time in Flowers v. Mississippi because, according to Thomas, prosecutors can strike minorities from a jury on the basis of their race. Neil Gorsuch joined Thomas in his position. Last February, Thomas announced he wants to overturn New York Times v. Sullivan, the landmark 1964 ruling sharply restricting public figures, including government officials, to sue for defamation and get rid of Gideon v. Wainwright, requiring states to provide public defenders for indigent defendants. Gorsuch agrees with that position too. To Thomas, abortion rights equals eugenics.

After another Supreme Court ruling last week, police no longer need a warrant to draw blood from an unconscious person suspected of drinking while driving. Gone is the requirement of a person for an invasive procedure that overturns the 2013 Supreme Court ruling a violation of the Constitution for a nonconsensual blood draw without a warrant in a DUI case.

The 40-foot Christian cross will remain on a traffic median near Washington, D.C. according to six Christian and one Jewish Supreme Court justices. Catholic Justice Samuel Alito wrote that Christian crosses have “secular meaning.” Justice Ruth Bader Ginsberg, dissenting with Justice Sonia Sotomayor, read her disagreement from the bench. [I’m guessing that the Supreme Court would not consider a “secular” Jewish star of David or Islam crescent to replace the “secular” cross.]

The Supreme Court refused to hear a lower court ruling against Alabama’s 2015 abortion law banning “dilation and evacuation,” a common procedure during the second trimester. The high court’s inaction left the law struck down, but it won’t avoid abortion cases forever. Earlier this year, it left in place the requirement for disposing of aborted fetal remains through burial or cremation because of the “sanctity of life.” Nothing about miscarriages. The high court also refused to hear a case from two Kansas men convicted of violating federal law regulating silencers.

In Gamble v. United States, the Supreme Court on Monday also reaffirmed a 170-year-old exception to the Constitution’s double-jeopardy clause, leaving an opportunity for states to prosecute DDT and his campaign officials for issues already prosecuted federally.

In one sane move, Roberts was the swing vote in Kisor v. Wilkie to not overturn a 75-year series of SCOTUS decisions permitting agencies’ reasonable interpretations of their own regulations.

The Supreme Court has started its docket for the upcoming year with a case determining what happens to 700,000 DREAMERS living in the United States because of DACA. Three appeals courts and a district judge have ruled that DDT had no rationale for his attempt to close a program that protects from deportation young undocumented immigrants who were brought to the U.S. as children. Other cases include one from Bridget Kelly and Vill Baroni, convicted of participating in gridlock near the George Washington Bridge and a Montana ruling invalidating a state program offering tax credits for funding scholarships at private schools, including religious schools.

In a 5-4 decision exempting a public access television channel from constitutional requirements, Brett Kavanaugh wrote:

“It is sometimes said that the bigger the government, the smaller the individual.”

Although Kavanaugh didn’t cite his source, the false statement was tracked to the Ayn Randian Atlas Society, refuting Roberts’ common claim that the Supreme Court is not political. Senate Majority Leader Mitch McConnell (R-KY) clearly stated that blockades of Supreme Court nominees are only for Democratic presidents. He smirked while he told an audience that he would “fill it” if a vacancy on the high court appears next year. No longer should “the American people have a voice in the selection of their next Supreme Court justice.”

June 5, 2019

Court Decisions a Crap Shoot

Although the courts have ruled against Dictator Donald Trump (DDT) 93 percent of the time for his orders, DDT’s percentage may improve if his appointed judges start hearing more of his cases. For example, a judge has ruled against a lawsuit from the House about DDT using funds to build his wall, ruling that courts are not the place to settle this dispute. The House had argued that the spending violated the Appropriations Clause of the Constitution and usurp congressional authority while the DOJ opposed the House with the argument that the case concerned whether the administration failed to appropriately execute a statute. Appointed by DDT, U.S. District Trevor N. McFadden wrote that courts take no part in political fights between other branches.

McFadden’s decision was opposite to the 2016 ruling that the GOP-led House could sue the Obama administration for allegedly spending on an Affordable Care Act program that Congress had not approved. Rosemarie Collyer, a George W Bush appointee, wrote, “Congress is the only source for such an appropriation, and no public money can be spent without one.” Republicans had praised the outcome as a necessary check on the White House’s authority in “protecting Congress’ power of the purse [for] the separation of powers.” That case was settled before an appeal was concluded. During a hearing last month, McFadden had already said that he doubted whether the House had legal standing as a single chamber to sue the president, despite DDT illegally shifting money from other programs to pay for his wall.

Previously McFadden refused to recuse himself from a legal case regarding BuzzFeed’s publication of the Steele dossier from Fusion GPS despite McFadden’s representation a firm owned by a Russian businessman claiming he was libeled by the dossier. McFadden was also top lawyer at the DOJ Criminal Division when Sen. Chuck Grassley (R-IA) asked for an investigation into Fusion and earlier served as a “vetter” on DDT’s transition team where he consistently heard negative arguments about the dossier’s accuracy. One of three DDT-appointed judges on Washington, D.C.’s district court, McFadden donated to DDT’s campaign.

Domestic terrorists won in court by using the U.S. Constitution’s free speech amendment. U.S. District Judge Cormac Carney, appointed by George W. Bush, threw out criminal charges against three members of a neo-Nazi organization Rise above Movement (RAM) who conspired through social media to assault their ideological opponents. The three men “publicly documented their assaults in order to recruit” other white men to join RAM. The U.S. has no laws against domestic terrorism as it does against international terrorist groups. Only gun and drug charges were brought against a domestic terrorist planning to “murder innocent civilians on a scale rarely seen in this country,” and the first judge hearing the case gave the man bail. Convictions for heinous acts bring light sentences, sometimes only for time served. The judge ruled that the federal statute used to prosecute the three men was unconstitutional.

A federal judge conceded to the DOJ in not requiring the release transcripts of conversations between Michael Flynn and Sergey Kislyak, when he was Russian ambassador to the U.S. A federal judge had ordered the transcripts made public, but the DOJ refused. Flynn pled guilty to lying to the FBI about his conversations while Barack Obama was president. Barr had redacted all this information in the Mueller report.

DDT did lose his request for the Supreme Court to fast track a request a case about DDT’s rescission of the Deferred Action for Childhood Arrivals (DACA) program, postponing any response from the high court until next fall. Two different appeals courts have ruled against DDT’s ending the DACA program. Earlier justices refused DDT’s challenge to a ruling temporarily blocking officials from closing down the program. The House is considering a vote as soon as this week on the Dream Act which would include legal status to hundreds of thousands of past DACA recipients.

With seven Republicans, all the House Democrats passed a new bill, 237-187, that expands the decade-old Dream Act. The “Dream and Promise Act” would protect young migrants illegally brought to the U.S. as children from deportation and give them a path to citizenship. Other migrants here temporarily from countries devastated by natural disasters and/or wars would also be shielded. Nine years ago, 36 conservative Dems voted the Dream Act with eight Republicans supporting it. Senate Leader Mitch McConnell (R-KY) will almost surely not bring the bill to the floor so that Republicans can join DDT in complaining that Democrats are not passing any bills and instead focusing on investigations. Less than halfway through their first year, the House has passed half of its top priorities: democracy-reform, Equality At, Dream and Promise Act, Paycheck Fairness Act, and a bill addressing the climate crisis. Other passed bills lower prescription drug costs and expand the Violence against Women Act along with other healthcare bills. McConnell has ignored all of them and allowed only the passage of a disaster relief bill which House Republicans blocked for weeks. At least 153 bills passed in the House languish in the Senate. The other 15 bills are minor name changes, extensions, or expansions with one of them being payment to employees furloughed by their shutdown. DDT vetoed two bills.  

A judge kept Missouri from being the only state without a clinic performing abortions for the past 46 years—at least temporarily. Yesterday the court ruled that doctors who no longer work at the clinic are not required to comply with subpoenas about safety questions at the clinic. It already complies with gratuitous requirements such as transfer agreements with hospitals, inspections, and two pelvic exams for every woman wanting a surgical abortion. The court will continue to review state allegations about “failed abortions” and legal violations.

DDT is facing more problems about his Panama tower as Ithaca Capital Partners claims that he failed to pay Panamanian taxes equivalent failed to 12.5 percent of the management fees he took from the hotel. That failure plus other financial irregularities amount to “millions of dollars.” DDT’s projects in Canada, Mexico, India, Azerbaijan, Uruguay, and elsewhere are elsewhere in trouble. Although DDT claimed others developed real estate projects, information shows serious family involvement in projects, often with deceptive practices. With the failure of projects, DDT and his family lie about their lack of involvement and walk away with the money that they have already collected.

In a surprising move, Brett Kavanaugh voted with the four progressive Supreme Court justices to expand plaintiff’s fights to class-action lawsuits against big corporations. Consumers may move forward with a suit against Apple, accusing the company of acting as a monopoly. At this time, iPhone and iPad users may download apps, even those developed by third parties, only from the Apple portal while the corporation takes a cut of sales. The ruling concerns other tech giants such as Facebook and Google.

In another case, Kavanaugh went with conservatives in a decision that overturns a 40-year-old ruling and puts four decades of legal decisions into question. About a decision that “states retain their sovereign immunity from private suits brought in courts of other states,” Justice Stephen Breyer wrote:

“To overrule a sound decision like [Nevada v. Hall] is to encourage litigants to seek to overrule other cases; it is to make it more difficult for lawyers to refrain from challenging settled law; and it is to cause the public to become increasingly uncertain about which cases the Court will overrule and which cases are here to stay.” 

Clarence Thomas prides himself on being a constitutionalist who follows the words of the document, but his opinion in this case refers only to the “history and structure” of the U.S. Constitution and fail to not support interstate sovereign immunity. Instead Thomas claims that the Constitution bestows “equal dignity and sovereignty” to states. To Thomas, that means that states are immune from private lawsuits brought in other states’ courts. Brett Kavanaugh declared the importance of precedent in his confirmation hearings, and John Roberts had claimed during his hearings that he would not be overturning settled law through the Supreme Court.

Earlier this spring,  Justice Neil Gorsuch maintained that using the death penalty to torture a person to death doesn’t violate the constitution’s Eighth Amendment opposition to “cruel and unusual punishment” as long as people don’t want to inflict pain. His majority opinion for Bucklew v. Precythe allowing the killing of Russell Bucklew in Missouri also asks death penalty defense attorneys to determine methods of killing their clients. Kavanaugh wrote a separate opinion suggesting that firing squads be used for execution because Bucklew could choke from vascular tumors with lethal doses of pentobarbital. Conservatives have already approved drugs for execution that gave inmates “the feeling of being burned alive.” Gorsuch’s opinion of the 5-4 majority in Bucklew destroys over a half-century of precedents and returns to “cruel and unusual punishment.”

With DDT in charge of forming the judicial system for generations to come, court decisions are a crap shoot.

May 1, 2019

U.S. AG Barr Defends Cover-up of DDT

Special investigator Robert Mueller joins people disturbed about AG Bill Barr’s misrepresentation of Mueller’s final report. A timeline of the report from its release to Barr’s testimony today before the Senate Judiciary Committee about his protection of Dictator Donald Trump (DDT).

March 22: Robert Mueller delivered his 448-page report to the DOJ.

March 24: Bill Barr released his personal four-page interpretation of Mueller’s report that attempted to exonerate DDT of all blame by announcing that Mueller found no collusion between the DDT campaign and Russia and that Mueller had absolved DDT of obstruction of justice.

March 25: Mueller sent first letter to Barr, expressing “concern” about Barr’s misrepresentation of his findings with an introduction and executive summary to Barr that day.

March 27: Mueller sent a second letter to Barr and the DOJ leadership about Barr’s summary:

“The summary letter the Department sent to Congress and released to the public late in the afternoon of March 24 did not fully capture the context, nature, and substance of this office’s work and conclusions. There is now public confusion about critical aspects of the results of our investigation. This threatens to undermine a central purpose for which the Department appointed the Special Counsel: to assure full public confidence in the outcome of the investigations.”

Muller requested the release of the report’s introduction and executive summaries. DOJ officials said that they believed Mueller agreed with them about the process of releasing the report until they saw the letter. The complete letter is here.

March 28: Mueller told Barr on the phone that Barr’s summary was misleading about the report and said that Barr did not reveal how DDT’s campaign interacted inappropriately with Russians. Examples: Campaign manager Paul Manafort and his deputy Rick Gates regularly provided polling to a Russian national believed by Gates to be a “spy”; Mueller outlined 10 “episodes” in which DDT may have obstructed justice. In addition, Barr didn’t mention that DDT’s mostly unsuccessful “to incluence the investigation” were “largely because the persons who surrounded the President declined to carry out orders or accede to his requests.”

March 29: Barr wrote Congress claiming that his March 24 communication was intended as Mueller’s principal conclusions, not a summary. He volunteered to testify before the Senate and House Judiciary Committees on May 1 and 2.

April 10: Barr testified before the Senate Judiciary Committee under oath. Asked if Mueller supported “your conclusion,” Barr answered:

I don’t know whether Bob Mueller supported my conclusion.”

The questioner, Sen. Chris Van Hollen (D-MD), called Barr “the chief propagandist” for DDT and that Barr lied to the people after learning about Mueller’s prior communication with Barr.

April 18: Barr gave a press release before he made public a heavily redacted Mueller report and repeated “no collusion” as his boss DDT has. Asked if it was improper for him to spin the unreleased report, Barr walked off the stage.

April 30: The Washington Post released information about Mueller’s criticism to Barr about the Barr’s misrepresentation and publicity prior to Barr’s congressional testimony.  Both Senate Minority Leader Charles Schumer (D-NY) and House Judiciary Committee chair Jerrold Nadler (D-NY) demanded Mueller’s letter to Barr. Nadler also asked that Mueller testify before his committee, but the DOJ, where Mueller is employed, can’t find a time when Mueller would be available. Barr threatened to not appear at the House Judiciary Committee hearing on May 2 because he might be questioned by staff counsel instead of House members. Members of Congress called for Barr’s resignation.

May 1: Barr testifies before the Senate Judiciary Committee:

  • Barr testified he had not reviewed the underlying evidence in Mueller’s report although he wrote in his first summary that the evidence failed to establish that DDT committed obstruction of justice.
  • Barr said he doesn’t know anything about the internal polling data that Manafort and Gates regularly sent to Russian national Kilimnik to share with others in Ukraine and with Russian oligarch Oleg Deripaska. The Mueller report described over 200 connections between DDT’s campaign and a foreign adversary.
  • Barr sat in silence for six seconds when asked if campaigns should contact the FBI if foreign governments offer them damaging information on their political opponents. When prompted, he specified a narrow yes, “if a foreign intelligence service.” Barr did suggest it would be possible for an employee of a foreign adversary to work for a U.S. campaign if that person were not paid.
  • Asked about lies from DDT and other people in Mueller’s report, Barr said that he’s “not in the business of determining when lies are told to the American people.” [Internet response was not positive.]
  • Barr falsely claimed that he “didn’t exonerate” DDT and that he wasn’t hiding Mueller’s information. [Sen. Richard Blumenthal used a color-coded chart for 14 claims connected with DDT’s obstruction of justice, showing that Mueller found substantial evidence regarding this obstruction of “crime, intent, interference with an ongoing investigation, and the obstructive act.”]
  • Barr called Mueller’s letter to him “snitty” and refused to share notes from their telephone call. Also, Barr accused Mueller of not writing the letter to him although Mueller signed the letter.
  • Barr told Sen. Amy Klobuchar (D-MN) that he will “work with you to enhance the security of our election.” Asked if he would help get the Secure Elections Act passed, he said he would “take a look” at it. [Klobuchar had far more questions.]
  • Barr said that DDT “fully cooperated” with the investigation although the Mueller report shows differently.
  • Barr asserted that Mueller didn’t intend his report for Congress although Mueller stated that intent in his report.
  • Barr admitted under oath that a case for obstruction of justice can be pursued without an underlying crime if people concerned about crimes “take an inherently malignant act, such as destroying documents.” The statement was to Sen. Lindsey Graham (R-SC), DDT’s cheerleader, who was sure that his original question would keep DDT from being accused of obstruction. [Asked earlier this week about DDT’s obstruction of justice, Graham said, “I don’t care.”]
  • Barr said that DDT was “falsely accused” of coordinating with Russia.
  • Barr declared that he is in charge of summaries, redactions, and times of releases because a special investigator works.
  • The worst: Barr said that the president had the right to fire any independent special counsel if he disagreed with the investigation.
  • Barr refused to testify at the House Judiciary Committee hearing tomorrow. Members may subpoena him, landing the situation in court If Barr continues his refusal. Barr could be sued for civil contempt, leaving the decision to a judge. This solution was used in 2007 when George W. Bush’s counsel Harriet Miers refused to testify about her removal of several U.S. attorneys; a court ruled that Miers had to comply with the subpoena, and the case was appealed. The case was dropped when the 110th Congress was over. An unlikely option not used for 100 years is to hold Barr in contempt, meaning the House’s security force could arrest and detain him. In 1973, Sen. Sam Ervin (D-NC) threatened to jail people who failed to appear for the Watergate hearings after then President Nixon tried to prevent key aides from testifying.  Permitting Barr his own way sets a precedent for the DOJ’s total control of Congress—a separate branch of government.

When “Poppy” Bush, George W.’s father, named Barr attorney general in the early 1990s, NYT writer William Safire, a staunch Republican, used the nickname “Coverup-General” because of Barr’s concealing evidence about George H.W. Bush’s involvement in “Iraqgate” and “Iran-Contra.” Christmas 1992 headlines told of Barr’s Christmas gift to Bush and Ronald Reagan—hiding their crimes in the Iran-Contra scandal. Independent Counsel Lawrence Walsh, named six years earlier to investigate Reagan’s Iran-Contra activities, found the documents of Caspar Weinberger, Reagan’s former defense secretary, who had been in on the deal, and Bush’s diary that would corroborate Walsh’s findings. Elliott Abrams was already convicted of withholding evidence from Congress and might have more information. Abrams was silent, hoping for a pardon.

In April 2001—almost ten years later—Barr said in an interview for oral presidential histories:

“There were some people arguing just for [a pardon for] Weinberger, and I said, ‘No, in for a penny, in for a pound.’ I went over and told the President I thought he should not only pardon Caspar Weinberger, but while he was at it, he should pardon about five others.”

Bush followed Barr’s advice, destroying years of investigation. Walsh had already gotten one conviction and three guilty pleas with two other people lined up for prosecution. Bush was in Walsh’s sights. The pardons closed down the investigation and protected himself as well as the others involved in the crimes. After the pardons, Walsh stated that the diary and notes for Weinberger’s public trial were “evidence of a conspiracy among the highest ranking Reagan Administration officials to lie to Congress and the American public.” Officials includes Reagan, Bush, and Barr. Coverup-General Barr is the go-to guy, and Republican senators confirmed him. Only Sen. Rand Paul (R-KY) voted against his party, but Barr got three Democratic senators: Doug Jones (AL), Joe Manchin (WV), and Kyrsten Sinema (AZ).

Even Fox contributor Andrew Napolitano, who DDT once considered for a personal lawyer, claims that Mueller’s report shows DDT’s pattern of obstruction that was “unlawful, defenseless and condemnable.” He made his opinion well-known through both an op-ed and a video.

A must-read about Barr is a NYT op-ed from former FBI director James Comey who tells Barr that “[DDT] has eaten your soul.”

And a must-watch about Barr comes from Rachel Maddow’s interview with Hillary Clinton immediately before Minute 17. Clinton’s best one-liner about DDT’s inviting foreign countries to support her 2016 election:

“China, if you’re listening, why don’t you get Trump’s tax returns? I’m sure the media would richly reward you.”

According to Barr, this approach would not be illegal because it’s done out in the open.

[Note: Those who wish to read more about the news above and/or factcheck the material may wish to use the links.]

 

January 17, 2019

Shutdown ‘Crushed’ DDT; Barr Follows GOP Line

Filed under: Judiciary — trp2011 @ 8:41 PM
Tags: , , ,

Day 17 of the government shutdown: “We are getting crushed,” Dictator Donald Trump (DDT) told his acting chief of staff, Mick Mulvaney. He wasn’t talking about the shutdown; he was complaining about the polls. A majority of people in the United States continues to blame DDT for the shutdown. In December, DDT said he would take credit for the shutdown, and now people agree. Nate Silver, usually the cheeriest of analysts about DDT’s polls, presents polls demonstrating how the shutdown is dragging down DDT’s approval.

DDT loves polls that favor him so much that he had former fixer Michael Cohen arrange to “rig online polls in his boss’s favor” before the 2016 elections. John Gauger, CIO of Jerry Falwell’s Liberty University and owner of Redfinch Solutions, failed to get DDT into the top 100 business leaders in a CNBC online poll in 2014 but moved DDT into the top five potential GOP candidates in 2015 on the Drudge Report. Gauger claims that he wasn’t paid the promised $50,000 although Cohen gave him a Walmart bag with $12,000 to $13,000 in cash plus a boxing glove Cohen claimed had been worn by a Brazilian mixed-martial arts fighter. Cohen claims that his poll rigging was done “at the direction of and for the sole benefit of” DDT. When DDT claims that polls are rigged, he has proof.

In a 222-195 vote, House Republicans failed to pass a bill proposed a bill to pay furloughed workers—for doing nothing—but keep the government shutdown. Yesterday, the House passed its sixth bill for a continuing resolution to reopen the government. Congress did pass a bill into law to pay federal employees, both those working without pay and those furloughed, after the shutdown, but Senate Majority Leader Mitch McConnell (R-KY) refuses to address opening the government by claiming that to the Senate floor because he won’t present any bills that cannot pass. Today, however, McConnell presented an anti-abortion bill that has zero chance of passing Congress at this time. The measure makes the Hyde Amendment permanent, prohibits abortion in federal health facilities including veterans’ hospitals, and bans subsidized health plans from providing abortion coverage.

Pandering to parts of his base, DDT brought back furloughed workers—with no pay—to process IRS refunds, inspect foods, and expedite farm loans. He is also staffing refuges for hunters, paying more State Department employees, and helping a friend by providing paid workers to process forms for mortgages. Acting AG Matt Whitaker also gave a political speech to the Heritage Foundation in conflict with shutdown guidelines.

House Speaker Nancy Pelosi (D-CA) asked DDT to postpone his State of the Union address scheduled for January 29, citing security concerns for protecting the Congress, members of the executive branch, and U.S. Supreme Court justices gathered in one place. DDT cannot deliver his speech to the large audience without Pelosi’s invitation. She suggested that he give the speech in the Oval Office or submit it to Congress in writing. DDT needs Pelosi’s invitation to come to the House. cannot deliver his speech to the House without Pelosi’s invitation. DDT is now asking McConnell if he can go to the Senate.

In retaliation, DDT announced that he postponed Pelosi’s seven-day classified trip to Brussels, Egypt, and Afghanistan by denying military transport because of the shutdown lack of security. A small contingent of House members were on the way to the airport when DDT told Pelosi could use commercial flights for the highly secret journey that he called a “public relations event.” Melania Trump left on military transport for a vacation at Mar-a-Lago soon after Pelosi’s business trip was canceled. The trip was for six days, and Pelosi was not planning to go to Egypt. Her stop in Brussels was to reassure top NATO commanders about the U.S. staying with the alliance. In Afghanistan, Pelosi planned to visit with members of the military as DDT and GOP House members did after the shutdown as well as to get national security and intelligence briefings. Pelosi is third in line for the presidency.

Barr confirmation:

While DDT sits and fumes, his nomination for DOJ AG, Bill Barr faced two days of hearings before the Senate Judiciary Committee. These are some of his responses:

Barr said that he would like to pursue an investigation into the conservative conspiracy theory that a Russian energy nuclear agency donated to the Clinton Foundation to get Hillary Clinton’s approval for is purchase of a uranium mining company. The situation has been thoroughly investigated and debunked.

Asked if he has concerns about how DDT undermines society’s institutions, Barr defended DDT’s repeated use of the term “witch hunt” about Robert Mueller’s investigation and said, “We have to remember that the president is the one who has denied that there’s any collusion and has been steadfast in that. Presumably he knows facts [we don’t]. . . .”

DDT has the power to pardon a family member, according to Barr.

Barr sees “no reason” to change policy not to indict a sitting president.

About birthright citizenship, Bar said that he couldn’t give an answer about whether the 14th Amendment guaranteed citizenship. The amendment states “all persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” DDT has promised to end birthright citizenship through an executive order.

When asked about what the DOJ should know about senior officials who have business relationships with foreign interests and governments, specifically DDT, Barr talked about how members of Congress didn’t need background checks and concluded that “business [relationships] with a foreign interest is not ordinarily a counter-intelligence concern.”

At the end of detailed and specific questioning about whether he would go against ethics officials’ recusal advice, Barr said he would ignore the advice if he disagreed because of a “different judgment of the facts.” He criticized former AG Jeff Sessions because he “locked himself into” following recusal advice from ethics officials at the Justice Department.

Barr said that Mueller’s report didn’t need to be public, but he would issue his own summary of its findings—through his own filter.

According to Barr, there should be a federal law that “prohibits marijuana everywhere.” He also defended his past push for “more incarceration.”

Asked if the DOJ will jail reporters for “doing their jobs,” Barr said he can “conceive of situations” in which a journalist could be held in contempt if a news organization “knows they are putting out stuff that will hurt the country.”

Barr wants a “barrier system” on the border and connected it to the drugs that actually come through the ports of entry. In declaring that, he used the dehumanizing language of “illegal aliens.” He claimed that so-called “sanctuary cities” encourage criminals to come to the U.S., wants to process asylum seekers without letting them into the country, and supports DDT’s “wall or nothing” shutdown. While AG for George H.W. Bush, Barr’s aggressive “law and order” agenda on both immigration and street crime surprised even Republicans. DDT’s immigration actions are patterned after those of Barr in the early 1990s. Barr has a history of supporting the violation of human rights: discriminatory profiling; secret military trials; unchecked security power; bans on asylum seekers; and separation of parents from children.

DDT’s Muslim ban was about national security, according to Barr; therefore, he supports using non-Christian religious beliefs for discrimination.

Barr was “shocked” by the text messages of former FBI officials Peter Strzok and Lisa Page, private conversation that criticized DDT but did not conspire against him or use their positions against DDT. With no indication that Bruce Ohr orchestrated the Christopher Steele dossier, Barr said he was bothered by Ohr’s “connection,” an echo of DDT’s comments.

Asked about DDT rescinding guidelines protecting transgender students from school discrimination, Barr said he didn’t understand the question. Barr also believes that the law doesn’t ban discrimination against LGBTQ people.

In perhaps his most gobsmacking response, Barr said, “I can’t tell you what the Emoluments Clause means.” Article I, Section 9, Clause 8 of the US Constitution:

“No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of Congress, accept of any present, Emolument, Office, or Title, of Amy kind whatever from any King, Prince, or foreign State.”

It means that DDT can’t legally take money from foreign officials—as he’s been doing because they pay him to stay in his hotel. The governments of DC and Maryland have standing to sue DDT for violating the clause with proof because a manager of DDT’s New York hotel claims that it had a turnaround from the Saudi Arabia’s government business. The shutdown has put court cases on hold. Maybe Barr will learn about the Emoluments Clause by the end of the shutdown.

Bill Barr was the DOJ AG who pardoned all the conspirators of the Iran-Contra Scandal, getting President George H.W. Bush out of legal problems, opposes Mueller’s investigation, and believes that the president is above the law. Barr thinks that the president can use military force without congressional authorization. He opposes Roe v Wade and net neutrality. Senate Republicans will confirm him in a heartbeat.

October 17, 2018

DDT, Kavanaugh – Liars Running the U.S.

Filed under: Judiciary — trp2011 @ 9:06 PM
Tags: , , ,

Dictator Donald Trump (DDT), known for his lies, has concentrated on trying to exonerate Saudi Arabia in its killing of the U.S. reporter Jamal Khashoggi.  First DDT appeared to think that the “problem” would blow over if he just ignored the entire event. Backlash caused him to call the Saudi king about the killing and report that the king doesn’t know anything about it. (DDT has a tendency to support world dictators by appearing to believe their denials, just as he did with Russia’s interference in the U.S. presidential election.)

In the face of escalating anger from the people of the United States and members of Congress, including Republicans, DDT used the same excuse for exonerating his Supreme Court nominee Brett Kavanaugh: Khashoggi may have been murdered, but the Saudi royalty isn’t to blame. Somebody else did it. “These could have been rogue killers,” DDT said. He ignored the group of 15 Saudis, one of them a specialist in autopsies and bringing a bone saw, who arrived in Turkey on a private jet about 3:00 in the morning before the murder. Someone tried to maintain that they were “tourists,” but they left the same day—after Khashoggi disappeared into the embassy—as diplomatic pouches left the Saudi embassy in Turkey. Two planes returned the murder squad to Saudi Arabia. When Turkey gained access to the embassy for an investigation, a cleaning crew had preceded them, and some places in the embassy had been freshly painted.

Saudi’s dictator oversaw 48 beheadings in 2018’s first four months; he would have found a single dismembering to be simple. If Saudi Arabia decides to take DDT’s lead in blaming someone not connected with the government, whoever they finger will be killed. DDT can then claim the murdering as proof of “rogue killers.”

DDT maintains that he has “no financial interests” in Saudi Arabia, but he loves Saudis because they give him money. Even Fox network reported on his fiscal involvement. Saudis launder their money by purchasing his apartments in inflated prices, they may give him permits to build his desired hotel in Jeddah if he behaves, a Saudi royal billionaire, Prince Alwaleed bin-Talal bailed out DDT in the 1990s by buying his yacht and a stake in New York’s Plaza Hotel, and they spend hundreds of thousands of dollars to stay at his hotel in Washington.

In an attempt to smooth over the problem, DDT sent Secretary of State Mike Pompeo to tell the Saudi Crown Prince how much DDT loves the prince. Pompeo said that “we need to make sure we are mindful” of the important US-Saudi ties to conclude what happened to Khaghoggi. Every time that reporters ask DDT about Khashoggi, DDT brags about the giant–and possibly non-existent–arms deal with Saudi Arabia. He cannot make the deal on his own, however; Congress must approve the sale of weapons that Saudi Arabia uses to kill civilians in the Middle East. DDT says he’s awaiting the “investigation,” probably as effective as the one into Brett Kavanaugh, and Jared Kushner, the Saudi prince’s BFF is hiding from the situation.

In another continuing lie, DDT constantly makes a big and offensive deal about Sen. Elizabeth Warren (D-MA) for her comment that she has Native American heritage, going so far as to say that he would donate $1 million to her selection of a charity if she took a DNA test proving her claim. After his usual slur of calling her “Pocahantas,” he said at a rally, “I will give you a million dollars to your favorite charity, paid for by Trump, if you take the test and it shows you’re an Indian [sic],” he announced. She did, but he now says, “I didn’t say that.” Maybe he doesn’t have the money.

DDT tried to convince Lesley Stahl during an interview on 60 Minutes that he “didn’t really make fun” of Kavanaugh’s victim, Christine Blasey Ford. After Stahl pointed out that he did mock her, and he defended himself by saying that without his ridicule “we would not have won.” DDT continued by stating that he is “bringing people together” in the country instead of the polarization under President Obama immediately before he complained how “horribly” Democrat senators behaved during Kavanaugh’s hearings. Questioned about the “unity” of this action, DDT said he bashed Democrats because they “don’t wanna be healed.” He also dodged questions about why he refuses to accept that Russia meddled in the election and why he has never said anything negative about Putin. DDT did acknowledge that Putin might be involved in assassinations, but that wasn’t criticism about him because assassinations in another country don’t trouble DDT.

DDT and the White House lied about Democrats leaking information about the name of the person who accused Kavanaugh of sexual assault. When the media obtained the information, only Sen. Dianne Feinstein (D-CA), the FBI, and the White House had a copy of the letter. DDT’s theory was that Kavanaugh’s “poor treatment” would help Republicans in the midterm election.

Kavanaugh’s penchant for lying parallels that of DDT. The only difference between the lies by these two men is that Kavanaugh incessantly lied under oath. Here’s a sample, much of it from his last angry testimony when he treated Democrats with great rudeness and showed that he lacks the demeanor to be any judge, let alone a life-time term for the U.S. Supreme Court:

  • Kavanaugh’s grandfather was a Yale graduate, negating his claim that he had no family connections with the school and got in by hard work.
  •  Kavanaugh was not of legal age to drink in high school; he lied about when the law for the drinking age was changed to 18. He also wasn’t of legal drinking age during at Yale during his first couple of years.
  • Witnesses did not “refute Ford’s testimony, a common law from both Kavanaugh and other Republicans: his friends said that they didn’t “remember.”
  • Kavanaugh’s claim that he did not drink to excess was refuted by a large number of classmates who saw him belligerent and stumbling drunk.
  • ”Boofed” refers to anal sex, not flatulence.
  • ”Devil’s Triangle” is a sexual act among two men and one woman, not a “drinking game.” (By now it also describes a disaster!)
  • Kavanaugh’s social group associated with Ford, as indicated by multiple members of his class at Georgetown Prep.
  • Kavanaugh lied about his ignorance of a sexual assault claim against him before a NYT story was released; text messages show that he and his team knew it earlier.
  • Kavanaugh said that he didn’t know if he was “Bart,” but he wrote a letter that he signed Bart.
  • Kavanaugh did not rule in favor of environmental controls “many times,” as he claimed: almost 90 percent of his rulings opposed any attempt to control climate change, and DDT praised him for overruling federal regulators “75 times on cases involving clean air, consumer protections, net neutrality and other issues.”
  • Kavanaugh lied about violating secrecy laws governing grand juries during Bill Clinton’s Ken Starr investigation when he claimed that a Chris Ruddy, peddler of conspiracy theories, gave him information “off the record,” something that doesn’t apply to grand jury secrecy, and then lied to the Senate under oath about having committed this crime.
  • In 2004, Kavanaugh lied about his handling of the controversial nomination of federal Judge William Pryor as emails now show.
  • Kavanaugh lied about his involvement to steal Democratic staff emails connected to judicial confirmations.
  • In 2006, Kavanaugh lied about his involvement in the controversial nomination of federal Judge Charles Pickering and his role in nominating William Haynes, the Pentagon general counsel involved in creating the Bush administration’s interrogation policies.

All the above were lies that Kavanaugh told under oath; he frequently perjured himself. He also lied when he assured Sen. Susan Collins (R-ME) that  Roe v. Wade is “settled law”: within the last year he tried to prevent an immigrant girl from getting an abortion by imprisoning her in an ICE facility.

Juries are always directed to follow this instruction:

“If a witness is shown knowingly to have testified falsely about any material matter, you have a right to distrust such witness’ other testimony and you may reject all the testimony of that witness.”

Thus neither DDT nor Kavanaugh can be believed in anything that they say, and they control two of the three branches of government.

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