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AN OPEN LETTER TO ATTORNEY GENERAL MERRICK GARLAND: PART ONE (OF TWO)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on September 28, 2021 at 12:10 am

TO: Merrick Brian Garland – United States Attorney General

I hold the highest regard for your personal integrity. After graduating from Harvard Law School, you served as a special assistant to Attorney General Benjamin Civviletti from 1979 to 1981. 

As a federal prosecutor, you played a leading role in the investigation and prosecution of the Oklahoma City bombers.

You served as judge of the United States Court of Appeals for the District of Columbia Circuit (1997 – 2021) and then as Chief Judge of the United States Court of Appeals for the District of Columbia Circuit (2013 – 2020).

In 2016, President Barack Obama nominated you to serve as an associate Justice of the Supreme Court to fill the vacancy created by the death of Antonin Scalia. But Republican Senate Majority Leader Mitch McConnell refused to hold a hearing or vote on your nomination. 

Attorney General Merrick Garland.jpg

Merrick Garland

Yet, with due regard for your years of dedicated service to the rule of law, I am forced to say: You are now presiding over the closing days of the American Republic.

As the bestselling book, Peril, makes clear, there was a detailed plan by Republicans to illegally retain President Donald Trump in office. The votes of 81 million Americans who had voted for former Vice President Joseph Biden would have been scrapped in what was intended to be a Right-wing coup.

According to authors Bob Woodward and Robert Costa, attorney John Eastman first proposed the plan to Vice President Mike Pence on January 4 in the Oval Office with Trump in attendance. The memo called for throwing out the election results in seven states under the false claim that those states had used alternate electors.

Eastman’s memo was sent to Senator Mile Lee (R-Utah) and former New York City Mayor Rudy Giuliani, who served as one of Trump’s attorneys at the time. They tried to convince Senator Lindsey Graham (R-S.C.) that there was rampant fraud in the 2020 election.

Both Graham and Lee reportedly argued that the fraud claims had no merit.

On January 6, the United States Senate, with Vice President Mike Pence presiding, would certify states’ Electoral College results of that election.

Since Biden had gotten 306 votes compared to 232 for Trump, the outcome was already known.

On that morning, Trump tried to convince Pence to reject the electoral votes that had been cast for Biden. This would mean flipping the results of the 2020 Presidential election to give him a win.

Pence replied that he lacked the power to overturn those results.

But as Pence went off to the Capitol Building housing the Senate and House of Representatives, Trump had one last card to play.

Mike Pence - Wikipedia

Mike Pence

For weeks Trump had ordered his legions of Right-wing Stormtrumpers to descend on Washington, D.C. by January 6. 

On December 20, he had tweeted: “Statistically impossible to have lost the 2020 Election. Big protest in DC on January 6th. Be there, will be wild!” 

In tweets, he promoted the rally again on December 27 and 30, and January 1.

On January 6, Trump appeared at the Ellipse, a 52-acre park south of the White House fence and north of Constitution Avenue and the National Mall in Washington, D.C.

A stage had been set up for him to address tens of thousands of his supporters, who eagerly awaited him.  

Trump ordered them to march on the Capitol building to express their anger at the voting process and to intimidate their elected officials to reject the results. 

Melania Trump 'disappointed' by Trump supporters' Capitol riot - ABC7 Chicago

Donald Trump addresses his Stormtrumpers 

“All of us here today do not want to see our election victory stolen by a bold and radical left Democrats which is what they are doing and stolen by the fake news media.

“Our country has had enough. We will not take it anymore, and that is what this is all about. And to use a favorite term that all of you people really came up with, we will stop the steal….

“Republicans are constantly fighting like a boxer with his hands tied behind his back….And we’re going to have to fight much harder….

“And after this, we’re going to walk down and I’ll be there with you. We’re going to walk down to the Capitol. And we’re going to cheer on our brave Senators and Congressmen and women and we’re probably not going to be cheering so much for some of them.

“Because you’ll never take back our country with weakness. You have to show strength and you have to be strong. We have come to demand that Congress do the right thing and only count the electors who have been lawfully slated.”

The Stormtrumpers marched to the United States Capitol—and quickly brushed aside Capitol Police.

IndieWire on Twitter: "Pro-Trump Rioters Breach US Capitol Building in Unprecedented Attack on Rule of Law https://t.co/QA27RZTEWd… "

Capitol Police facing off with Stormtrumpers

Among their outrages:

  • Members of the mob attacked police with chemical agents and lead pipes.
  • A Capitol Hill police officer was knocked off his feet, dragged into the mob surging toward the building, and beaten with the pole of an American flag. 
  • One attacker was shot as protesters forced their way toward the House Chamber where members of Congress were sheltering in place.

ATTEMPTED COUPS–IN GERMANY AND AMERICA: PART TWO (END)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on August 4, 2021 at 12:07 am

On January 6, 2021, members of the United States Senate and House of Representatives met to count the Electoral Votes cast for then-President Donald Trump and former Vice President Joseph R. Biden.

Trump knew that Biden has received more Electoral College votes than he had—306 to 232. 

And he wanted that vote-count stopped—thus allowing him to remain in office as “President-for-Life.”

For weeks Trump had ordered his legions of Right-wing Stormtrumpers to descend on Washington, D.C. on January 6. 

On December 20, 2020, he had tweeted: “Statistically impossible to have lost the 2020 Election. Big protest in DC on January 6th. Be there, will be wild!” 

In tweets, he promoted the rally again on December 27 and 30, and January 1.

Thus, through his lies, he had aroused the fury of his Right-wing supporters.

It would take only his command to send it hurtling at his perceived enemies: Those who would dare elect Joe Biden in his place.

Melania Trump 'disappointed' by Trump supporters' Capitol riot - ABC7 Chicago

Donald Trump addresses his Stormtrumpers 

On January 6, Trump appeared at the Ellipse, a 52-acre park south of the White House fence and north of Constitution Avenue and the National Mall in Washington, D.C.

A stage had been set up for him to address tens of thousands of his supporters, who eagerly awaited him.  

Trump ordered them to march on the Capitol building to express their anger at the voting process and to intimidate their elected officials to reject the results: 

“And after this, we’re going to walk down and I’ll be there with you. We’re going to walk down to the Capitol. And we’re going to cheer on our brave Senators and Congressmen and women and we’re probably not going to be cheering so much for some of them.

Because you’ll never take back our country with weakness. You have to show strength and you have to be strong. We have come to demand that Congress do the right thing and only count the electors who have been lawfully slated.”

The Stormtrumpers marched to the United States Capitol—and quickly overwhelmed Capitol Police.

  • Members of the mob attacked police with chemical agents or lead pipes. 
  • Many of the lawmakers’ office buildings were occupied  and  vandalized—including  that of House Speaker Nancy Pelosi, a favorite Right-wing target.
  • Shouts of “Hang Pence!” and “Hang Pelosi!” often rang out. 
  • According to CBS News, more than 150 officers were injured in the attack.
  • Several rioters carried plastic handcuffs, possibly intending to take hostages.
  • Others carried treasonous Confederate flags.  

After more than three hours, police—using riot gear, shields and batons—retook control of the Capitol. 

And Trump?  After giving his inflammatory speech, he didn’t march with his followers to the Capitol.

Like the draft-dodger he had been during the Vietnam war, he kept himself out of harm’s way and returned to the White House.

There he watched his handiwork on television—and initially rebuffed requests to mobilize the National Guard.

Six months later—by July 30—599 Stormtrumpers had been arrested and charged.

  • At least 27 defendants have pleaded guilty.
  • At least 22 have pleaded guilty to misdemeanors.
  • Six have pleaded guilty to felonies.
  • Three defendants have been sentenced: One drew a sentence of eight months for a felony. Two were sentenced for misdemeanor charges.
  • Another was sentenced to three years probation and no jail time.
  • Another was sentenced to six months imprisonment, but was credited for the time he had already spent in jail awaiting trial.

Yet no major Trump supporter has been arrested, let alone indicted.

  • NOT Trump’s attorney, Rudy Giuliani, who cried to the demonstrators, “Let’s have trial by combat!”
  • NOT Donald Trump, Jr., who, just hours before the Trump mob stormed Congress, threatened Republican lawmakers at a large rally outside the White House: “These guys better fight for Trump. Because if they’re not, guess what? I’m going to be in your backyard in a couple of months!”
  • NOT Rep, Mo Brooks (R-Ala.) who incited the Trump crowd with: “Today is the day American patriots start taking down names and kicking ass!”
  • And, above all, NOT Donald Trump. He not only incited his followers to attack the Capitol, he has spent the last six months spreading poisonous lies that the 2020 election was “stolen” from him through “massive” voter fraud. As a result, he continues to undermine the democratic process as he terrorizes the Republican party to stand behind him.

For attempting to overthrow the government of Bavaria in 1923, Adolf Hitler could have spent five years in prison. Instead, a sympathetic Right-leaning judge gave him only nine months.

Had he served out his full sentence, he might not have been able to revive his political career. But once he emerged from prison, he reorganized the Nazi party and began a series of campaigns for the presidency.

By January 30, 1933, he had become Chancellor of Germany. By August, 1934, he had become absolute dictator.

At the battle of the Alamo, 200 Texans killed 600 Mexican soldiers before being overwhelmed. During the Capitol battle, hundreds of police killed one Stormtrumper, thus sending the message: You can commit treason with impunity.

The Justice Department must soon indict, prosecute and—hopefully—convict Donald Trump—to both punish his treason and warn his potential imitators of treason’s penalties.

ATTEMPTED COUPS–IN GERMANY AND AMERICA: PART ONE (OF TWO)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on August 3, 2021 at 12:13 am

On November 9, 1923, Nazi Party Fuhrer Adolf Hitler tried to overthrow the government in Munich, Bavaria.

About 2,500-3,000 Nazis marched to the center of Munich, where they confronted heavily-armed police. A shootout erupted, killing 16 Nazis and four policemen. 

Hitler was injured during the clash, but managed to escape. Two days later, he was arrested and charged with treason.

Put on trial, he found himself treated as a celebrity by a judge sympathetic to Right-wing groups. He was allowed to brutally cross-examine witnesses and even make inflammatory speeches. As a result, he emerged a national figure, popular in Right-wing circles.

At the end of the trial, he was convicted of treason and sentenced to nine months’ imprisonment—by a Right-wing judge hostile to the the newly-created Weimar Republic.

Serving time in Landsberg Prison, in Bavaria. he was given a huge cell, allowed to receive unlimited visitors and gifts, and treated with deference by guards and inmates.

Hitler used his time in prison to write his infamous book, Mein Kampf-–“My Struggle.” Part autobiography, part political treatise, it laid out his future plans—including the extermination of the Jews and the conquest of the Soviet Union.

Image result for Images of Adolf Hitler outside Landsberg prison

Adolf Hitler leaving Landsberg Prison, December, 20, 1924

Nine months later, he was released on parole.

Hitler immediately began rebuilding the shattered Nazi party—and deciding on a new strategy to gain power. Never again would he resort to armed force. He would win office by election—or intrigue. 

In less than 10 years—on January 30, 1933—he had done so. By August 2, 1934, he had become absolute dictator of Germany.

Writes historian Volker Ullrich, in his monumental 2016 biography, Hitler: Ascent 1889 – 1939: “Historians have perennially tried to answer the question of whether Hitler’s rise to power could have been halted….

“There were repeated opportunities to end Hitler’s run of triumphs. The most obvious one was after the failed Putsch of November 1923. Had the Munich rabble-rouser been forced to serve his full five-year term of imprisonment in Landsberg, it is extremely unlikely that he would have been able to restart his political career.”

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Thus, it isn’t just what happens that can influence the course of history. Often, it’s what doesn’t happen that has at least as great a result.

Consider the case of America’s own would-be Fuhrer: Donald Trump.

On December 18, 2019, the House of Representatives had approved two Articles of Impeachment against Trump for: 

Article 1: Abuse of Power: For pressuring Ukraine to assist him in his re-election campaign by smearing a potential rival for the White House. 

Article 2: Obstruction of Congress: For obstructing Congress by blocking testimony of subpoenaed witnesses and refusing to provide documents in response to House subpoenas in the impeachment inquiry. 

On September 9, 2019, the House Foreign Affairs, Intelligence and Oversight and Reform committees began investigating his attempted extortion of Ukraine President Volodymyr Zelensky.

On July 25, 2019, Trump had “asked” Zelensky to do him a “favor”: Find embarrassing “dirt” on former Vice President Joseph Biden and his son, Hunter.

Hunter had had business dealings in Ukraine. And Joseph Biden might be Trump’s Democratic opponent for the White House in 2020.

To underline the seriousness of his “request,” earlier in July Trump had told Mick Mulvaney, his White House chief of staff, to withhold $400 million in military aid that Congress had approved for Ukraine, which faced an increasingly aggressive Russia.

Joe Biden (48548455397) (rotated).jpg

Joseph Biden

Gage Skidmore from Peoria, AZ, United States of America / CC BY-SA (https://creativecommons.org/licenses/by-sa/2.0)

But then a CIA whistleblower filed a complaint about the extortion attempt—and the media and Congress soon learned of it. And ever since, the evidence linking Trump to impeachable offenses had mushroomed.

On January 16, 2020, the Government Accountability Office (GAO) announced that the Trump administration broke the law when it withheld security aid to Ukraine.

As trial proceedings unfolded in the 2020 impeachment of Trump, the majority Republican Senators consistently put their own partisan interests over those of their country.

Among their actions:

  • Refusing to hear from eyewitnesses who could prove that Trump had committed impeachable offenses,
  • Refusing to provide evidence on Trump’s behalf—but attacking witnesses who had testified against him in the House.
  • Attacking Joseph and Hunter Biden as if they were on trial—instead of having been the targets of Trump’s smear-attempt. 

As Lead Impeachment Manager, Representative Adam Schiff (D-CA) held the role of a prosecutor. 

Faced with the unwillingness of Trump’s Senatorial defenders to accept any evidence—no matter how damning—against him, Schiff warned: “Donald Trump must be convicted and removed from office. Because he will always choose his own personal interest over our national interest. Because in America, right matters. Truth matters. If not, no Constitution can protect us. If not, we are lost.”

Adam Schiff official portrait.jpg

Adam Schiff

On February 5, 2020, the Republican-dominated Senate—as expected—absolved him from trying to extort Ukraine into smearing a possible rival for the White House.  

Only one Republican—Utah Senator Mitt Romney—had the moral courage to vote for conviction.

On January 6, 2021, Schiff’s prophecy came true.

ADAM SCHIFF’S PROPHECY COMES TRUE

In Bureaucracy, History, Law, Law Enforcement, Military, Politics, Social commentary on January 6, 2021 at 12:20 am

On December 10, 2019, Democratic leaders in the House of Representatives voted to send two Articles of Impeachment to the House Judiciary Committee.

Their purpose: To remove Donald J. Trump from office as the 45th President of the United States.

House Judiciary Committee Chairman Jerry Nadler read the charges:

Article 1: Abuse of Power: For pressuring Ukraine to assist him in his re-election campaign by damaging former Vice President Joe Biden, his possible Democratic rival.

Article 2: Obstruction of Congress: For obstructing Congress by blocking testimony and refusing to provide documents in response to House subpoenas in the impeachment inquiry.

But it was House Intelligence Committee Chairman Adam Schiff (D-CA) who put the reason for impeachment in stark, easily understandable perspective:

Adam Schiff official portrait.jpg

Adam Schiff

“Why not just wait until you get the documents that the White House refuses to turn over, and people should understand what that argument really means.

“It has taken us eight months to get a lower court ruling that Don McGahn has no right to defy Congress. If it takes another eight months to get a second court or Supreme Court decision, that is not the end of the process.

“It comes back to us, and we ask questions because he no longer has immunity and he claims something else that his answers are privileged and we have to go to court for another eight or 16 months.

“The argument why don’t you just wait amounts to this: Why don’t you just let him [Trump] cheat in one more election? Why not let him cheat just one more time? Why not let him have foreign help just one more time? That is what that argument amounts to.”

Schiff was alluding to Trump’s infamous efforts during the 2016 Presidential campaign to enlist Russian aid against his rival, Democratic Presidential nominee Hillary Clinton. 

Among those efforts: 

On July 9, 2016, high-ranking members of his Presidential campaign met at Trump Tower with at least two lobbyists with ties to Russian dictator Vladimir Putin. The participants included:

  • Trump’s son, Donald Trump Jr.;
  • His son-in-law, Jared Kushner;
  • His then-campaign manager, Paul Manafort; 
  • Natalia Veselnitskaya, a Russian lawyer with ties to Putin; and 
  • Rinat Akhmetshin, a former Soviet counterintelligence officer suspected of “having ongoing ties to Russian Intelligence.”

The purpose of that meeting: To gain access to any “dirt” Russian Intelligence could supply on Clinton. 

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Donald Trump

On July 22, 2016, during his campaign for President, Trump said at a press conference in Doral, Florida: “Russia, if you are listening, I hope you are able to find the 33,000 emails that are missing [from Democratic Presidential candidate Hillary Clinton’s computer]. I think you will probably be rewarded mightily by our press.”

This was nothing less than treason—calling upon a foreign power, hostile to the United States, to interfere in its Presidential election.

Hours later, the Main Intelligence Directorate in Moscow targeted Clinton’s personal office and hit more than 70 other Clinton campaign accounts.

On January 23, 2020, Schiff tweeted a prophecy—and a warning: “Donald Trump must be convicted and removed from office. Because he will always choose his own personal interest over our national interest. Because in America, right matters. Truth matters. If not, no Constitution can protect us. If not, we are lost.” 

It was a concise summary of his closing argument to the Senate. And an accurate prediction of Trump’s future behavior if he escaped conviction and removal.

On February 5, 2020, the Republican-dominated Senate—ignoring the overwhelming evidence against him—acquitted Donald Trump on both impeachment articles: Obstruction of Congress and abuse of power.

It was on a par with those racist, all-white juries which had freed Ku Klux Klansmen for the murders of blacks.

On January 2, 2021, Schiff’s prediction came true: Trump called the office of Georgia Secretary of State Brad Raffensperger. The reason: To pressure him to “find” enough votes to overturn former Vice President Joe Biden’s win in the state’s presidential election.

“All I want to do is this. I just want to find 11,780 votes, which is one more than we have,” Trump said. “Because we won the state.”

Actually, Trump didn’t win the state. Biden carried Georgia by an 11,779-vote margin—which has been certified three times.

Trump repeatedly cited disproven claims of fraud in the election—and threatened Raffensperger and Ryan Germany, the secretary of state’s legal counsel, that they could be criminally prosecuted if they did not change the vote count in his favor: “That’s a criminal offense. And you can’t let that happen.”

The phone call was recorded. And shortly afterward, the Washington Post obtained a copy of that recording—which, in turn, was soon leaked to CNN.

David Shafer, chairman of the Georgia Republican Party, responded with two tweets after the Washington Post released excerpts from the recording:

“President @realDonaldTrump has filed two lawsuits – federal and state – against @GaSecofState. The telephone conference call @GaSecofState secretly recorded was a ‘confidential settlement discussion’ of that litigation, which is still pending.”

Thus, Trump’s reaction to being exposed for his latest illegal act was that of a Mafia boss finding out that his phone has been tapped: He doesn’t deny his evil; he simply wants the evidence of it suppressed.

MACHIAVELLI’S ADVICE ON HOW JOE BIDEN CAN PREVAIL

In Bureaucracy, History, Politics, Social commentary on December 9, 2020 at 12:07 am

On December 8,  Republican Senate Majority Leader Mitch McConnell and Missouri United States Senator Roy Blunt joined House Republican Leader Kevin McCarthy in blocking a resolution asserting that Joe Biden is the President-elect of the United States.

Republicans clearly have no intention of cooperating with the incoming Biden administration.

Mitch McConnell portrait 2016.jpg

Mitch McConnell

But there is a way for Biden to effectively deal with this:

  • Recognize that, for Republicans, “compromise” means: You do all the compromising; and
  • Apply the only weapon they respect: Fear.

Biden has repeatedly said he wants to be the President of all Americans—Democrats and Republicans

Yet, for more than a month after the November 3 Presidential election,, the vast majority of House and Senate Republicans—like McConnell—refuse to publicly admit that Biden won by 81,255,933 votes to 74,196,153 for Trump. 

The reason: They are still in thrall to Trump’s fanatical base.

They fear that if they break with the soon-to-be-ex-President, they will be voted out of office at the next election—and lose their cozy positions and the power and perks that come with them.

More than 500 years ago, Niccolo Machiavelli, the father of political science, offered this warning for well-intentioned people like Biden in his classic work: The Prince:

“A man who wishes to make a profession of goodness in everything must inevitably come to grief among so many who are not good.  And therefore it is necessary for a prince, who wishes to maintain himself, to learn how not to be good, and to use this knowledge and not use it, according to the necessity of the case.”

Quote by Machiavelli: “Necessity is what impels men to take action ...

Niccolo Machiavelli

A good starting point: Go directly after McConnell himself.  

Option #1: A May 8, 2018 story in The Dallas Morning News spotlights “How Putin’s Oligarchs Funneled Millions into GOP Campaigns.” And McConnell has been a major recipient of Russian largesse.

A serious inquiry by the Justice Department might lead to an indictment—if not for treason, then for campaign finance violations.

Option #2: According to an April 15, 2020 story in Courier: “Here’s How Much McConnell Got From Big Pharma After Nixing a Bill to Lower Drug Prices”:

“Senate Majority Leader Mitch McConnell announced in September that he would block any consideration of a bill to lower prescription drug costs. By the end of December, he had raked in more than $50,000 in contributions from political action committees and individuals tied to the pharmaceutical industry.”

There could be a campaign finance violation involving bribery. A good place to start is with the allegations contained in that story.

Even if McConnell escaped prison, such a prosecution would dramatically inform him—and other Republicans—that a new era of accountability had arrived.

Option #3: As President, Biden will have the power to divert Federal projects from Kentucky—and other Republican states

President Lyndon Johnson successfully employed this tactic to keep Republican—and Democratic—troublemakers in line. Once they saw projects for roads, post offices and other Federal amenities disappearing from their districts, they quickly got the message as to who was in charge.

Above all, President Biden must constantly remember: For Republicans, the mathematics of power come down to this: Who/Whom.

Or: Who can do What to Whom?

Joe Biden's Next Big Decision: Choosing A Running Mate | Voice of America - English

Joe Biden

Republicans believe themselves the only legitimate political party in the country—and champion a double standard for themselves and everyone else.

For example: 

On July 9, 2016, high-ranking members of Trump’s Presidential campaign met at Trump Tower with at least two lobbyists with ties to Russian dictator Vladimir Putin. The participants included:

  • Trump’s son, Donald Trump Jr.;
  • His son-in-law, Jared Kushner;
  • His then-campaign manager, Paul Manafort;
  • Natalia Veselnitskaya, a Russian lawyer with ties to Putin; and
  • Rinat Akhemetshin, a former Soviet counterintelligence officer suspected of “having ongoing ties to Russian Intelligence.”  

The purpose of that meeting: To get any “dirt” the Russians might have on Democratic Presidential Nominee Hillary Clinton.

The resulting publicity of this meeting—and Trump’s openly calling on “Russia” to hack Democratic computers—naturally convinced many Americans that he had been elected with the full support of Vladimir Putin.

This alarmed many Republicans—not that their candidate sought help from the FSB (the successor to the KGB) but that many Americans knew he had.

On the January 15, 2017, edition of “This Week,” Reince Priebus, Trump’s incoming chief of staff, whined that President Barack Obama should vouch for Trump’s legitimacy as President.

The host, George Stephanopoulos, noted that Trump had questioned Obama’s legitimacy as an American citizen until almost the end of the 2016 Presidential race.

“But look, George, that’s not the point!” Priebus said, visibly agitated. “The point is not where Barack Obama was born! The point is that we’ve got congressmen on the Democratic side of the aisle that are questioning the legitimacy of President-elect Trump.” 

This all-consuming hypocrisy and demand for subservience will not change after Biden becomes President.

The last four years have proven beyond doubt that what Ronald Reagan once said about the leaders of the Soviet Union now applies to those of his own party: “The only morality they recognize is what will further their cause, meaning they reserve unto themselves the right to commit any crime, to lie, to cheat.”

It remains to be seen if Joe Biden has learned anything from those years.

HOW THE TRUMP DISASTER COULD HAVE BEEN PREVENTED: PART FOUR (END)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on December 3, 2020 at 1:23 am

The election of Donald Trump—and the subsequent dictatorial, vindictive and even treasonous behavior that followed—was not inevitable.

There were at least six instances where the Justice Department of President Barack Obama could have utterly changed the outcome of the 2016 election. Yet, for reasons still unknown, it chose to do nothing.

The first instances has been highlighted in Parts One through Three of this series. These consisted of:

Case #1:  The Obama Justice Department did not indict Trump and/or the Attorney Generals of Texas and/or Florida for bribery in the Trump University scandal.

Case #2:  The Justice Department did not indict Trump for the series of threats that he made—directly and indirectly—against Republicans and Democrats throughout the 2016 campaign.

Case #3: The Justice Department could have indicted Trump and/or his followers for voter intimidation.

Case #4 Making threats against anyone under protection by the U.S. Secret Service is a felony. Yet Donald Trump was never held legally accountable by the Justice Department for his “dog whistle” threat against Hillary Clinton.

Case #5 The Justice Department did not invalidate the results of the 2016 election, despite overwhelming evidence that Russia intervened to elect Donald Trump as Vladimir Putin’s chosen candidate. 

And now the final—and fatal—miscarriage of justice:

Case #6: The Justice Department did not prosecute Donald Trump for treason, even though he solicited aid from Russia, a nation hostile to the United States. And no major official of the government—including President Barack Obama—publicly condemned him as a traitor.  

At a news conference in Doral, Florida on July 27, 2016. Trump publicly invited “Russia”—i.e., Vladimir Putin—to hack Hillary Clinton’s emails: “I will tell you this, Russia: If you’re listening, I hope you’re able to find the 30,000 emails that are missing. I think you will probably be rewarded mightily by our press.”

Even Trump’s Trump’s Vice Presidential running mate, Mike Pence, said: “If it is Russia and they are interfering in our elections, I can assure you both parties and the United States government will ensure there are serious consequences.”

Throughout 2016, the CIA, FBI and National Security Agency (NSA) found numerous ties between officials of the Trump Presidential campaign and Russian Intelligence agents. Among these:

  • Future Secretary of State Rex Tillerson
  • Future National Security Adviser Michael Flynn  and
  • Future Attorney General Jeff Sessions.

The discovery of such contacts between Trump campaign officials and Russian Intelligence agents led the FBI to launch an investigation into Russia’s efforts to influence the outcome of the 2016 Presidential election. 

It was that investigation—totally justified by law and common sense—that Trump later claimed had been a “deep state” coup to prevent him from reaching the White House. 

To their shame, the federal agencies charged with safeguarding America failed to take action against these abuses. And, to their shame, the news media, to date, has failed to indict them for their negligence.

Future historians may well indict President Barack Obama for his failure to decisively act, and whose negligence led to the rise and destructive reign of Donald Trump.

Ninety-three years earlier, a similar series of circumstances led to the rise and reign of an even more destructive tyrant.

On November 9, 1923, Nazi Party Fuhrer Adolf Hitler tried to overthrow the government in Munich, Bavaria.

About 2,000 Nazis marched to the center of Munich, where they confronted heavily-armed police. A shootout erupted, killing 16 Nazis and four policemen. 

Hitler was injured during the clash, but managed to escape. Two days later, he was arrested and charged with treason.

Put on trial, he found himself treated as a celebrity by a judge sympathetic to Right-wing groups. He was allowed to brutally cross-examine witnesses and even make inflammatory speeches.

At the end of the trial, he was convicted of treason and sentenced to five years’ imprisonment.

Serving time in Landsberg Prison, in Bavaria. he was given a huge cell, allowed to receive unlimited visitors and gifts, and treated with deference by guards and inmates.

Hitler used his time in prison to write his infamous book, Mein Kampf-–“My Struggle.” Part autobiography, part political treatise, it laid out his future plans—including the extermination of the Jews and the conquest of the Soviet Union.

Image result for Images of Adolf Hitler outside Landsberg prison

Adolf Hitler leaving Landsberg Prison, December, 20, 1924

Nine months later, he was released on parole—by authorities loyal to the authoritarian Right instead of the newly-created Weimar Republic.

Hitler immediately began rebuilding the shattered Nazi party—and deciding on a new strategy to gain power. Never again would he resort to armed force. He would win office by election—or intrigue.

Writes historian Volker Ullrich, in his monumental new biography, Hitler: Ascent 1889 – 1939: “Historians have perennially tried to answer the question of whether Hitler’s rise to power could have been halted….

“There were repeated opportunities to end Hitler’s run of triumphs. The most obvious one was after the failed Putsch of November 1923. Had the Munich rabble-rouser been forced to serve his full five-year term of imprisonment in Landsberg, it is extremely unlikely that he would have been able to restart his political career.” [Italics added]

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Thus, it isn’t just what happens that can influence the course of history. Often, it’s what doesn’t happen that has at least as great a result.

HOW THE TRUMP DISASTER COULD HAVE BEEN PREVENTED: PART THREE (OF FOUR)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on December 2, 2020 at 12:05 am

The election of Donald Trump—and the subsequent dictatorial, vindictive and even treasonous behavior that followed—was not inevitable.

There were at least six instances where the Justice Department of President Barack Obama could have utterly changed the outcome of the 2016 election. Yet, for reasons still unknown, it chose to do nothing. 

Two of these have already been described:

Case #1:  The Obama Justice Department did not indict Trump and/or the Attorney Generals of Texas and/or Florida for their roles in the Trump University scandal. 

Case #2:  The Justice Department did not indict Trump for the series of threats that he made—directly and indirectly—against Republicans and Democrats throughout the 2016 campaign.

Case #3: The Justice Department could have indicted Trump and/or his followers for voter intimidation.

Now for the next ones:

Case #4 Making threats against anyone under protection by the U.S. Secret Service is a felony. Yet Donald Trump was never held legally accountable by the Justice Department.

  • On August 9, 2016, Trump told a rally in Wilmington, North Carolina: “Hillary [Clinton] wants to abolish, essentially abolish, the Second Amendment. If she gets to pick her [Supreme Court] judges, nothing you can do folks. Although the Second Amendment people, maybe there is, I don’t know.”
  • Reacting to Trump’s “dog-whistle” threat against Clinton, Michael Hayden, former head of the CIA and National Security Agency (NSA) said: “Well, let me say if someone else said that outside of the hall, he’d be in the back of a police wagon now, with the Secret Service questioning him.”

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Hillary Clinton

Case #5: The Justice Department did not invalidate the results of the 2016 election, despite overwhelming evidence that Russia intervened to elect Trump as Vladimir Putin’s chosen candidate. 

In July, 2016, the Russians hacked the Democratic committee’s servers—but not those of the Republican National Committee.

Admiral Michael Rogers, director of the National Security Agency (NSA) and US Cyber Command, said in mid-November, 2016, that Russia made “a conscious effort” to sway the results of the Presidential election by the hacking of 20,000 emails from the Democratic National Committee.

“There shouldn’t be any doubt in anybody’s mind,” said Rogers. “This was not something that was done casually. This was not something that was done by chance. This was not a target that was selected purely arbitrarily. This was a conscious effort by a nation-state to attempt to achieve a specific effect.” 

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In October, 2016, the Department of Homeland Security (DHS) and the Office of the Director of National Intelligence (DNI) issued a joint statement: The Russian government had directed the effort to subvert the 2016 Presidential election.

On December 16, 2016, FBI Director James B. Comey and Director of National Intelligence James R. Clapper Jr. agreed with a CIA assessment that Russia intervened in the 2016 election in part to help Donald Trump win the White House.

Trump, however, has steadfastly denied any such role by Russia: “I think it’s ridiculous,” he told “Fox News Sunday.” “I think it’s just another excuse. I don’t believe it….No, I don’t believe it at all.”   

These were solid grounds for the Obama Justice Department to indict Donald Trump or invalidate the results of the 2016 election. Yet no action was taken.

Case #6: The Justice Department did not prosecute Donald Trump for treason, even though he solicited aid from Russia, a nation hostile to the United States. And no major official of the government—including President Obama—publicly condemned him as a traitor.     

On July 9, 2016, high-ranking members of his Presidential campaign met at Trump Tower with at least two lobbyists with ties to Russian dictator Vladimir Putin. The participants included: 

  • Trump’s son, Donald Trump Jr.;
  • His son-in-law, Jared Kushner;
  • His then-campaign manager, Paul Manafort; 
  • Natalia Veselnitskaya, a Russian lawyer with ties to Putin; and 
  • Rinat Akhmetshin, a former Soviet counterintelligence officer suspected of “having ongoing ties to Russian Intelligence.”

The purpose of that meeting: To gain access to any “dirt” Russian Intelligence could supply on Democratic Presidential Nominee Hillary Clinton. 

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Donald Trump

On July 22, 2016, Wikileaks released 19,252 emails and 8,034 attachments hacked from computers of the highest-ranking officials of the Democratic National Committee (DNC). Early reports traced the leak to Russian hackers. 

At a news conference in Doral, Florida on July 27, 2016, Trump publicly invited “Russia”—i.e., Vladimir Putin—to hack Hillary Clinton’s emails: “I will tell you this, Russia: If you’re listening, I hope you’re able to find the 30,000 emails that are missing. I think you will probably be rewarded mightily by our press.” 

Hours later, the Main Intelligence Directorate in Moscow targeted Clinton’s personal office and hit more than 70 other Clinton campaign accounts.

This was essentially treason—calling on a hostile foreign power to interfere directly in an American Presidential election. And it was seen as such by both Democrats and even Republicans: 

“This has to be the first time that a major presidential candidate has actively encouraged a foreign power to conduct espionage against his political opponent,” Hillary for America policy adviser Jake Sullivan said in a statement. “That’s not hyperbole, those are just the facts. This has gone from being a matter of curiosity, and a matter of politics, to being a national security issue.” 

Brendon Buck, a spokesman for House Speaker Paul Ryan, said: “Russia is a global menace led by a devious thug. Putin should stay out of this election.”

HOW THE TRUMP DISASTER COULD HAVE BEEN PREVENTED: PART TWO (OF FOUR)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on December 1, 2020 at 12:11 am

The election of Donald Trump—and his subsequent dictatorial, vindictive and even treasonous behavior that followed—was not inevitable.

There were at least six instances where the Justice Department of President Barack Obama could have utterly changed the outcome of the 2016 election. Yet, for reasons still unknown, it chose to do nothing.

The first instance has been highlighted in Part One of this series: Case #1:  The Obama Justice Department did not indict Trump and/or the Attorney Generals of Texas and/or Florida for their roles in the Trump University scandal. 

Here is the next one:

Case #2:  The Justice Department did not indict Trump for the series of threats that he made—directly and indirectly—against Republicans and Democrats throughout the 2016 campaign. 

Threatening political opponents with violence is a crime under Federal law. Yet making threats against his Republican and Democratic opponents played a major role in Trump’s Presidential campaign.  

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Seal of the Justice Department

  • On March 16, 2016, Trump warned Republicans that if he didn’t win the GOP nomination in July, his supporters would literally riot: “I think you’d have riots. I think you would see problems like you’ve never seen before. I think bad things would happen. I really do. I wouldn’t lead it, but I think bad things would happen.”
  • An NBC reporter summed it up as: “The message to Republicans was clear on [March 16]: ‘Nice convention you got there, shame if something happened to it.’” 
  • That Republicans clearly saw this as a threat is undeniable. Paul Ryan, their Speaker of the House, said on March 17: “Nobody should say such things in my opinion because to even address or hint to violence is unacceptable.”
  • Philip Klein, the managing editor of the Washington Examiner, wrote on the eve of the Republican National Convention in July: “Political commentators now routinely talk about the riots that would break out in Cleveland if Trump were denied the nomination, about how his supporters have guns and all hell could break loose, that they would burn everything to the ground. It works to Trump’s advantage to not try too hard to dispel these notions.”
  • On July 29, 2016, Roger Stone, a notorious Right-wing political consultant acting as a Trump strategist, told Breitbart News: “The first thing Trump needs to do is begin talking about [voter fraud] constantly. If there’s voter fraud, this election will be illegitimate, the election of the winner will be illegitimate, we will have a constitutional crisis, widespread civil disobedience, and the government will no longer be the government.”
  • At a town hall meeting where Trump’s Vice Presidential nominee Mike Pence appeared, a woman named Rhonda said: “For me personally, if Hillary Clinton gets in, I myself am ready for a revolution.”
  • In Cincinnati, a Trump supporter threatened to forcibly remove Hillary Clinton, the Democratic nominee, from the White House if she won the race: “If she’s in office, I hope we can start a coup. She should be in prison or shot. That’s how I feel about it,” said Dan Bowman, a 50-year-old contractor. “We’re going to have a revolution and take them out of office if that’s what it takes. There’s going to be a lot of bloodshed. But that’s what it’s going to take….”

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Fergus Cullen

Even Fergus Cullen, former chairman of the New Hampshire GOP, expressed fear of what might happen if Trump lost the election:

“That’s really scary,” Cullen said, recounting the violence at Trump rallies around the country leading up to the Republican National Convention. “In this country, we’ve always had recriminations after one side loses. But we haven’t had riots. We haven’t had mobs that act out with violence against supporters of the other side.

“There’s no telling what his supporters would be willing to do at the slightest encouragement from their candidate,” he said. 

Case #3: The Justice Department could have indicted Trump and/or his followers for voter intimidation.

18 U.S. Code Section 594 states: “Whoever intimidates, threatens, coerces, or attempts to intimidate, threaten, or coerce, any other person for the purpose of interfering with the right of such other person to vote or to vote as he may choose…shall be fined under this title or imprisoned not more than one year, or both.”

Trump even began encouraging his mostly white supporters to sign up online to be “election observers” to stop “Crooked Hillary from rigging this election.” He urged them to act as poll watchers in “other” [non-white] communities to ensure that things are “on the up and up.”

Many of his supporters promised to do so.

“Trump said to watch your precincts. I’m going to go, for sure,” said Steve Webb, a 61-year-old carpenter from Fairfield, Ohio.

“I’ll look for…well, it’s called racial profiling. Mexicans. Syrians. People who can’t speak American,” he said. “I’m going to go right up behind them. I’ll do everything legally. I want to see if they are accountable. I’m not going to do anything illegal. I’m going to make them a little bit nervous.”

Knowing that large numbers of angry—and possibly armed—Right-wingers planned to descend on polling places could only have had a chilling effect on untold numbers of Democratic voters. And this would have been especially true in heavily conservative states.

But the Justice Department refused to act.

HOW THE TRUMP DISASTER COULD HAVE BEEN PREVENTED: PART ONE (OF FOUR)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on November 30, 2020 at 12:05 am

“The only thing necessary for the triumph of evil is for good men to do nothing.”

So wrote Edmund Burke (1729-1797) the Irish statesman, author, orator, political theorist and philosopher. And history has repeatedly proved him right.

That may well prove to be the epitaph of the Donald Trump Presidency.

That Presidency has made the United States a polarized country.

But it’s not the polarization between Republicans and Democrats, or between conservatives and liberals.

It’s the polarization between: 

  • Those intent on enslaving everyone who doesn’t subscribe to their Fascistic beliefs and agenda—and those who resist being enslaved.
  • Those who believe in reason and science—and those who worship an “infallible strong man” who rejects both.
  • Those who cherish education—and those who celebrate ignorance.
  • Those who believe in the rule of law—and those who believe in their right to act as a law unto themselves.
  • Those who believe in treating others (especially the less fortunate) with decency—and those who believe in the triumph of intimidation and force.

Since Trump became President, he has:

  • Allowed the deadly COVID-19 virus to ravage the country, infecting (to date) 13.4 million Americans and killing 267,000.
  • Attacked medical experts and governors who urged Americans to wear masks and socially distance to protect themselves from COVID-19. 

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COVID-19. 

  • Fired FBI Director James B. Comey for investigating Russia’s subversion of the 2016 Presidential election.
  • Fired John Sessions, his own handpicked Attorney General, for recusing himself from matters involving the 2016 Presidential election owing to his own conflicts-of-interest.
  • Repeatedly sided with Russian dictator Vladimir Putin against the FBI, CIA and National Security Agency.
  • Gave highly classified CIA Intelligence to Russian Foreign Minister Sergey Lavrov and Russian Ambassador Sergey Kislyak. Specifically: How Islamic State terrorists planned to turn laptops into concealable bombs.
  • Attacked and alienated America’s oldest allies, such as Canada and Great Britain. 
  • Identified with and coddled such ruthless dictator as North Korea’s Kim Jong-On, China’s Xi Jinping and Turkey’s Recep Tayyip Erdoğan.
  • Praised Nazis and Ku Klux Klansmen. 
  • Shut down the United States Government for more than a month—imperiling the lives of 800,000 Federal employees—to extort money from Congress for a worthless wall on the U.S.-Mexico border.
  • “Joked” that the United States—like China—should have a “President-for-Life.”
  • Repeatedly attacked Michigan Democratic Governor Gretchen Whitmer—after she had been targeted for kidnapping and execution by Trump’s Right-wing followers.
  • Attacked the free press as “the enemy of the people”—a phrase popularized by Soviet dictator Joseph Stalin—for revealing his crimes and blunders.
  • Used his position as President to further enrich himself, in violation of the Emoluments Clause of the Constitution. 
  • Urged his followers to illegally vote twice for him in the 2020 Presidential election.
  • Fired Chris Krebs, the director of the Cybersecurity and Infrastructure Security Agency, for rejecting Trump’s false claims of widespread voter fraud in the 2020 Presidential election.
  • Refused to accept the will of 80,117,438 voters who have made former Vice President Joe Biden President-elect of the United States

Future historians may one day write that what didn’t happen played at least as great a role in electing Donald Trump President as what actually did.

There were at least six instances where the Justice Department of President Barack Obama could have utterly changed the outcome of the 2016 election. Yet, for reasons still unknown, it chose to do nothing.

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Donald Trump

Case #1:  The Obama Justice Department did not indict Trump and/or the Attorney Generals of Texas and Florida for their roles in the Trump University scandal.

  • Florida Attorney General Pam Bondi personally solicited a political contribution from Donald Trump around the same time her office deliberated joining an investigation of alleged fraud at Trump University and its affiliates.
  • After Bondi dropped the Trump University case against Trump, he wrote her a $25,000 check for her re-election campaign. The money came from the Donald J. Trump Foundation.
  • Republican Texas Attorney General Ken Paxton moved to muzzle a former state regulator who says he was ordered in 2010 to drop a fraud investigation into Trump University for political reasons.
  • Paxton’s office issued a cease and desist letter to former Deputy Chief of Consumer Protection John Owens after he made public copies of a 14-page internal summary of the state’s case against Donald Trump for scamming millions from students of his now-defunct real estate seminar.
  • After the Texas case was dropped, Trump cut a $35,000 check to the gubernatorial campaign of then-attorney general and now Texas Governor Greg Abbott.

But New York’s Attorney General, Eric Schneiderman, pressed fraud claims against Trump—and forced the real estate mogul to settle the case out of court for $25 million on November 18, 2016.

There have been no press reports that the Justice Department investigated these cases to determine if Trump violated the Racketeer Influenced Corrupt Organizations (RICO) Act statutes against bribery.

If the Justice Department did not investigate these cases, it should have. And if he did violate the RICO statutes, he should have been indicted, even as a Presidential candidate or President-elect.

Even if an indictment had not produced a conviction, the mere bringing of one would have cast an unprecedented cloud over his candidacy—let alone his being sworn in as President.  

TRUMP AS SAMSON IN THE TEMPLE

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on November 20, 2020 at 12:30 am

Donald Trump Jr. feared that his father would lose the 2020 election—and this would lead to the prosecution of his family.

“He’s like, ‘We’re losing, dude, and we’re going to get really hurt when we lose,’” a prominent conservative activist quoted Trump Jr. to the New York Times on August 24. 

Trump Jr. believed that if Biden won, there would not be a “peaceful transition,” Instead, the administration would “shoot the prisoners.”

The U.S. Department of Justice has a longstanding policy against prosecuting a sitting President. All bets are off, however, once that President leaves office.

And President Donald Trump has good reason to worry on that count.

He could easily face charges of obstruction of justice by attempting to fire Special Counsel Robert Mueller, the man appointed to investigate the Russian government’s interference in the 2016 Presidential election.

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Robert Mueller

On June 17, 2017, Trump ordered White House counsel Don McGahn to tell Deputy Attorney General Rod Rosenstein to fire Mueller.

McGahn didn’t comply. Trump called him the next day. McGahn considered resigning, then stayed—but didn’t carry out Trump’s order.  

Former federal prosecutor Gene Rossi has stated that Trump could be indicted after leaving office. 

During his nearly 30-year career with the Department of Justice, Rossi participated in more than 110 federal trials (including an unprecedented 90 jury trials) in U.S. district and bankruptcy courts.

From 1989-2001, he worked in the Tax Division, trying complex civil and criminal matters and serving on an Organized Crime Drug Enforcement Task Force (OCDETF).

“If it were Donald Smith instead of Donald Trump, Donald Trump would have been indicted a year ago for the campaign violations,” he told Hill.TV in July, 2019.

On December 10, 2019, Trump paid $2 million to eight charities as part of a settlement where he admitted to misusing funds raised by the Donald J. Trump Foundation. These had been used to promote his presidential bid and pay off business debts.

It’s illegal for charitable foundations to advance the self-interests of their executives.

He was forced to close the charity as a result.

Donald Trump

Legal action also forced Trump to shut down his unaccredited Trump University, which the conservative magazine National Review described as a “massive scam.”

Although he boasted that he never settled lawsuits, he settled this one in November, 2016, for a reported $25 million rather than go to trial. 

New York investigations are now probing allegations of tax dodges, illegal campaign contributions, and improper foreign contributions to his inaugural committee.

There has been a great deal of speculation by Trump’s political foes about what might happen if (a) he lost the election and (b) refused to vacate the White House.

But no one has raised the question: What if a defeated Trump, fearing civil and criminal prosecution after he leaves the White House, decides to avoid this by literally destroying much of the world in a nuclear war? 

This is not so outrageous an idea as it may sound.

“If Adolf Hitler had possessed a button that would destroy the entire world, he would have pushed it at the end,” Albert Speer, Hitler’s architect and Minister of Armaments, said in a 1971 Playboy interview. “Today there are such buttons in the war rooms of all the great powers.”

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Adolf Hitler

Trump has already threatened such action against North Korea: “North Korea best not make any more threats to the United States. They will be met with fire and fury like the world has never seen.”

He has even seriously advocated using nuclear bombs to stop hurricanes from hitting the United States.

And on November 16, The New York Times reported that Trump asked senior advisors for options on attacking Iran’s uranium enrichment facility at Natanz, 190 miles south of Tehran, the center of its nuclear program. 

An additional reason for Trump’s playing Samson in the temple: He resides at the center of his own universe, and sees virtually everything as an extension of himself.

On August 23, 2018, Trump gave his rationale for why he shouldn’t be impeached. He didn’t say: “I’m innocent. I didn’t collude with Russian Intelligence to subvert the 2016 Presidential election.” 

Instead, he said: “I tell you what, if I ever got impeached, I think the market would crash, I think everybody would be very poor.”

Trump’s egomania is literally stamped on his properties. Of the 515 entities he owns, 268 of them—52%—bear his last name. He often refers to his properties as “the swankiest,” “the most beautiful.”  

Among the references he’s made to himself: 

  • “My fingers are long and beautiful, as, it has been well documented, are various other parts of my body.” 
  • “My Twitter has become so powerful that I can actually make my enemies tell the truth.”
  • “My IQ is one of the highest—and you all know it.”

The Roman emperor Nero reportedly played the lyre and sang of Troy’s destruction while Rome burned. Adolf Hitler, in the last weeks of the Third Reich, salivated at the thought of destroying what was left of Germany. 

Trump has repeatedly shown his contempt for civil and criminal laws—including those enshrined in the United States Constitution. 

Thus, revenging himself on those he felt wronged him would be fully in keeping with his character.

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