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Posts Tagged ‘ERIC SCHNEIDERMAN’

A LESSON FOR THE FBI

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on February 8, 2018 at 12:19 am

Since taking office as President, Donald Trump has openly waged war on his own Justice Department—and especially its chief investigative agency, the FBI.

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FBI headquarters

As a result, he has:

  • Fired James Comey, the FBI director pursuing an investigation into Russia’s meddling in the 2016 Presidential race to ensure Trump’s election.
  • Threatened to fire Independent Counsel Robert Mueller, who continued that investigation after Trump fired Comey.
  • Repeatedly attacked—verbally and on Twitter—his Attorney General, Jeff Sessions, for recusing himself from overseeing the Russia investigation.
  • (Sessions did so after the press revealed that, during the 2016 race, he twice met secretly with Russian Ambassador Sergei Kislyak.)
  • Repeatedly attacked the integrity of the FBI, raising the possibility of his firing more of its senior leadership for pursuing the Russia investigation.
  • Pressured House Republicans to release a highly partisan memo falsely accusing the FBI of pursuing a vendetta against him.

But the FBI need not meekly accept such assaults.

A February 2 episode of the popular CBS police drama, “Blue Bloods,” offers a vivid lesson on bureaucratic self-defense against tyrants.

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A shootout erupts in a crowded pub between a gunman and NYPD officers. Results: One dead gunman and one wounded bystander.

Problem: The bystander is an aide to New York Governor Martin Mendez.

Mendez visits One Police Plaze, NYPD headquarters, for a private chat with Commissioner Frank Reagan (Tom Selleck). From the outset, he’s aggressive, rude and threatening.

MENDEZ:  I know you guys like to whitewash officer-involved shootings.

REAGAN: I do not.

MENDEZ: That’s not going to happen here. I want the cop who shot my guy fired and charged.

REAGAN: If the grand jury indicts, my officer could be terminated.

MENDEZ:  We all want to protect our people, but mine come first.

Governor Mendez leaves Commissioner Reagan’s office.  Later, he returns:

MENDEZ:  We’ve got a serious problem.

REAGAN:  Why? The grand jury declined to indict my officer.

MENDEZ: Your cop fired into a crowded room.

REAGAN: She returned fire, took out the shooter and likely saved lives.

MENDEZ: What are you going to do?

REAGAN: Our Internal Affairs investigation supports the grand jury’s finding, so the case is closed.

MENDEZ: Either you fire this cop, or I’ll order the Attorney General to investigate every questionable police shooting in the past 10 years and hold public hearings out loud and lights up.

REAGAN: Everybody loves a circus.

MENDEZ: Except the guy who’s got to shovel up afterwards.

At the end of the episode, a third—and final—meeting occurs in a restaurant between Reagan and Mendez.

MENDEZ: Have you dumped the cop who shot my guy?

REAGAN: No.

MENDEZ: Bad news.

REAGAN: Depends on what you compare it to. It turns out that your aide wasn’t drinking alone the night he was shot.

MENDEZ: So what? He’s single.

REAGAN: He was with a married woman.

MENDEZ: That’s on her, not on him.

REAGAN: Except she is married to his boss, your Chief of Staff.

MENDEZ: Sheesh!

REAGAN: Turns out this has been going on for over a year.

MENDEZ:  So what are we doing?

REAGAN:  If this gets out, the circus comes to Albany [where the governor has his office].

MENDEZ: Who else knows?

REAGAN:  Right now it’s safe in the notebook of my lead detective. Whether or not it finds its way into an arrest report that’s subject to a Freedom of Information Act request—that’s a judgment call.

MENDEZ: Your judgment?

REAGAN: Yes.

MENDEZ: And if my investigation goes away?

REAGAN: Neither of us is shoveling up after the circus.

MENDEZ: I have your word on that?

REAGAN: Yes.

MENDEZ: You have a good evening, Commissioner.

J. Edgar Hoover, the legendary FBI director, used Realpolitik to ensure his reign for 48 years.

As William C. Sullivan, the onetime director of the FBI’s Domestic Intelligence Division, revealed after Hoover’s death in 1972:

“The moment [Hoover] would get something on a senator, he’d send one of the errand boys up and advise the senator that ‘we’re in the course of an investigation, and we by chance happened to come up with this data on your daughter.

“‘But we wanted you to know this. We realize you’d want to know it.’ Well, Jesus, what does that tell the senator? From that time on, the senator’s right in his pocket.”

Donald Trump has long pursued a strategy of intimidation. But when people have refused to be cowed by his threats, he’s backed off.

During the 2016 Presidential campaign, more than a dozen women accused Trump of sexual misconduct, ranging from inappropriate comments to assault.

Trump responded: “The events never happened. Never. All of these liars will be sued after the election is over.”

Yet he hasn’t filed a single slander suit.

Similarly, when New York’s Attorney General Eric Schneiderman sued Trump for running a fraudulent university, Trump initially said he would fight the charge.

Instead, he settled the case by paying $25 million to compensate the 3,700 students Trump University had defrauded.

“You never have to frame anyone,” says Governor Willie Stark in Robert Penn Warren’s Pulitzer Prize-winning 1946 novel, All the King’s Men. “Because the truth is always sufficient.”

It’s time the FBI learned—and applied—that same lesson.

THE #1 THREAT TO AMERICA’S SECURITY: DONALD TRUMP

In Bureaucracy, Business, History, Law, Law Enforcement, Politics, Social commentary on August 25, 2017 at 12:08 am

Former Director of National Intelligence James Clapper witnessed President Donald Trump’s 77-minute rant at a Phoenix campaign rally on August 22.

Trump angrily defended his refusal to condemn white supremacists for their intimidating and violent actions in Charlottesville, Virginia, on August 12-13. And he continued to slander the news media as unpatriotic.

He also attacked NAFTA and the Affordable Care Act (“Obamacare”) and threatened to shut down the government if Congress refused to pay for a border wall. (During his 2016 campaign, he had repeatedly promised that Mexico would pay for this.)

Afterward, Clapper told CNN: “I find this downright scary and disturbing….I really question his ability to be—his fitness to be—in this office, and I also am beginning to wonder about his motivation for it.  Maybe he is looking for a way out.”

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James Clapper

But the part of Clapper’s interview that most caught the attention of the media and Washington’s political establishment came when reporter Don Lemon asked: Is Trump a threat to national security?

“Well, he certainly could be,” Clapper replied.

“Again, having some understanding of the levers that a president can exercise, I worry about, frankly, you know, the access to nuclear codes,” Clapper answered.

And Clapper knows more about “the levers that a President can exercise” than most: He served no fewer than ten Presidents–from John F. Kennedy to Barack Obama.

He warned that “in a fit of pique,” Trump could order a nuclear strike against the regime of North Korean leader Kim Jong Un.

“There’s actually very little to stop him,” Clapper said. “The whole system’s built to ensure rapid response if necessary. So there’s very little in the way of controls over you know, exercising a nuclear option, which is pretty damn scary.”

But long before the Clapper interview, Americans had more than enough knowledge about Trump to judge him unfit for the Oval Office.

  • He unknowingly admitted to being a sexual predator of women: “You know I’m automatically attracted to beautiful—I just start kissing them. It’s like a magnet. Just kiss. I don’t even wait. And when you’re a star they let you do it. You can do anything. Grab them by the pussy. You can do anything.”

Donald Trump

  • He refused to release his tax returns—unlike every other Presidential candidate since Ronald Reagan in 1980.
  • He said he was prepared to withdraw from NATO, the American-European alliance that held the Soviet Union at bay for a half-century. 
  • He often and publicly praised Russian President Vladimir Putin, the absolute dictator of a foreign power hostile to the United States.
  • He publicly invited “Russia”—i.e., Putin—to interfere directly in an American Presidential election: “I will tell you this, Russia: If you’re listening, I hope you’re able to find the 30,000 [Hillary Clinton] emails that are missing. I think you will probably be rewarded mightily by our press.”

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Vladimir Putin

  • On November 18, Trump—rather than face trial—settled the Trump University case out of court for $25 million. “Today’s $25 million settlement agreement is a stunning reversal by Donald Trump,” said New York Attorney General Eric Schneiderman, “and a major victory for the over 6,000 victims of his fraudulent university.”
  • On March 16, he 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.”
  • On August 9,  Trump issued a veiled solicitation for the assassination of Democratic Presidential candidate Hillary Clinton: “Hillary 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.” 
  • After slandering President Barack Obama for five years as “the President from Kenya,” he blatantly lied: “Hillary Clinton and her campaign of 2008 started the birther controversy. I finished it.”

The number of people, places and things Trump has insulted is so extensive The New York Times compiled a list of 273 of them.

Trump’s rampant egomania is literally stamped on his properties. Of the 515 entities he owns, 268 of them—52%—bear his last name. Among the references he’s made to himself:

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  • “My fingers are long and beautiful, as, it has been well documented, are various other parts of my body.”
  • “I think the only difference between me and the other candidates is that I’m more honest and my women are more beautiful.”
  • “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.”
  • Asked on MSNBC’s “Morning Joe” who he consults about foreign policy, he replied: “I’m speaking with myself, number one, because I have a very good brain and I’ve said a lot of things.”

* * * * *

Those Americans who voted for Donald Trump knew the character of the man they were electing. They cannot claim ignorance of who he was and what he intended to do.

They enthusiastically supported him because he gave voice to their hatreds and prejudices. And because they believed he would humiliate and destroy those they wanted to see humiliated and destroyed.

They are as deserving of the contempt of their fellow Americans as Trump himself.

WHAT AMERICA KNEW ABOUT TRUMP–BEFORE ELECTING HIM: PART TWO (END)

In Bureaucracy, History, Law, Law Enforcement, Military, Politics, Social commentary on June 5, 2017 at 12:01 am

Long before Donald Trump was accused of being sexually compromised by the Russians, Americans knew enough about him to decide: “You are unfit for the Oval Office.”

Almost immediately after entering the Presidential race on June 16, 2015, he began attacking one group of Americans after another:

  • Mexicans: “They’re bringing drugs. They’re bringing crime. They’re rapists.” He’s also promised to “build a great, great wall on our southern border and I will have Mexico pay for that wall.”
  • Blacks: Trump retweeted an image of a masked, dark-skinned man with a handgun and a series of alleged crime statistics, including: “Blacks killed by whites – 2%”; “Whites killed by blacks – 81%.” The image cites the “Crime Statistics Bureau – San Francisco”–an agency that doesn’t exist.
  • POWs: Speaking of Arizona U.S. Senator and Vietnam veteran John McCain: He’s not a war hero because he was captured.  I like people who weren’t captured.” 

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Donald Trump

The number of people, places and things Trump has insulted is so extensive The New York Times compiled a list of 273 of them.

  • One of those persons was Tarla Makaeff, who spent more than $60,000 on Trump University classes.  In 2010, she filed a fraud lawsuit against (now-defunct) Trump University.
  • Trump retaliated by filing a defamation suit against her. The case was dismissed by a judge.
  • But Trump continued to attack her during his Presidential candidacy. During a campaign rally he assailed her as a “horrible, horrible witness,” and then posted on Twitter that she was “Disgraceful!”
  • Makaeff ultimately persuaded the judge presiding over the Trump University case to let her remove her name as a plaintiff.

As an authoritarian who demands the right to craft his own image. Trump furiously denies others the right to dissent from it via:

  • Counter-suits, threats and personal insults against outsiders; and
  • Stringent confidentiality agreements against employees, business partners, his former spouses and now his campaign staffers.
  • In February, 2016, Trump said that he was “gonna open up our libel laws so when they write purposely negative and horrible and false articles, we can sue them and win lots of money.”

Two of Trump’s most vicious threats were aimed at Democratic Presidential candidate Hillary Clinton.

  • The first occurred on October 9, 2016, during their second Presidential debate: “If I win, I am going to instruct my attorney general to get a special prosecutor to look into your situation–there has never been so many lies and so much deception.”
  • The second occurred on October 10, three days after The Washington Post leaked a video of Donald Trump making sexually predatory comments about women (“I don’t even wait. Grab them by the pussy. You can do anything”).
  • Rather than accept responsibility for his actions, Trump blamed the Clintons–who had nothing to do with the release. Speaking before a rally in Pennsylvania on October 10, Trump threatened: “If they wanna release more tapes saying inappropriate things, we’ll continue to talk about Bill and Hillary Clinton doing inappropriate things.  There are so many of them, folks.”

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Hillary Clinton

Trump’s rampant 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.”
  • “I think the only difference between me and the other candidates is that I’m more honest and my women are more beautiful.”
  • “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.”

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Trump publicly admitted that his egomania would play a major role in his approach to consulting advisers:

  • Asked on MSNBC’s “Morning Joe” who he consults about foreign policy, he replied: “I’m speaking with myself, number one, because I have a very good brain and I’ve said a lot of things.”

Trump has never been charged with incest, but he’s repeatedly made disturbing, sexually inappropriate comments about his daughter, Ivanka: 

  • When asked how he would react if Ivanka, a former teen model, poised for Playboy, Trump replied: “I don’t think Ivanka would do that, although she does have a very nice figure.  I’ve said if Ivanka weren’t my daughter, perhaps I’d be dating her.”

On October 7, The Washington Post leaked a video of Donald Trump making sexually predatory comments about women (“You can grab them by the pussy”).

  • Within a week, no fewer than 12 had come forward to accuse him of sexually inappropriate behavior.
  • Although he threatened to sue the New York Times if it reported the women’s claims, he has so far refused to do so.

* * * * *

Those Americans who voted for Donald Trump knew the character of the man they were electing. They cannot claim ignorance of who he was and what he intended to do.

They enthusiastically supported him because he gave voice to their hatreds and prejudices. And because they believed he would humiliate and destroy those they wanted to see humiliated and destroyed.

They are as deserving of the contempt of their fellow Americans as Trump is.

The next four years will unveil how many of their wishes are fulfilled.

WHAT AMERICA KNEW ABOUT TRUMP–BEFORE ELECTING HIM: PART ONE (OF TWO)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on June 2, 2017 at 12:39 am

“What did the President know and when did he know it?”

It was the famous question asked by Tennessee U.S. Senator Howard Baker during the 1973 Watergate hearings.

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Howard Baker

The question cut to the core of President Richard Nixon’s litany of crimes.  And the fact that it was posed by a Republican gave it added power.

More than a year later, Americans learned its answers:

  • Nixon had learned that his own White House “Plumbers” had carried out a burglary of the Democratic National Committee at the Watergate Hotel; and
  • Only days afterward, he ordered a cover-up.

With those revelations, his Presidency was finished.

America has endured four months of the Donald J. Trump Presidency. And his poll ratings have steadily fallen since he took office. As of May 22-28, it stands at 41%.

And, once again, Howard Baker’s slightly altered question resonates with force: “What did the American people know, and when did they know it?”

And the subject of that question is not Richard Nixon but Donald Trump.

Since taking office, Trump has been besieged by reports that members of his 2016 campaign staff collaborated with Russian Intelligence agents to secure his election.

One of these was retired general Mike Flynn–Trump’s choice for National Security Adviser. He was forced to resign after only 23 days in office when news broke of his collusion.

And numerous members of his Cabinet–such as Attorney General Jeff Sessions and Secretary of State Rex Tillerson and even Trump son-in-law Jared Kushner–have close ties to Russian dictator Vladimir Putin or those who act in his name.

Trump has attacked these charges as “fake news”–while supplying no evidence to refute them.

But long before the election, Americans had more than enough knowledge about Trump to judge him unfit for the Oval Office.

  • He unknowingly admitted to being a sexual predator of women: “You know I’m automatically attracted to beautiful–I just start kissing them. It’s like a magnet. Just kiss. I don’t even wait. And when you’re a star they let you do it. You can do anything. Grab them by the pussy. You can do anything.”

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Donald Trump

  • He refused to release his tax returns–unlike every other Presidential candidate since Ronald Reagan in 1980.
  • He said he was prepared to withdraw from NATO, the American-European alliance that held the Soviet Union at bay for a half-century. 
  • He often and publicly praised Russian President Vladimir Putin, the absolute dictator of a foreign power hostile to the United States.
  • He publicly invited “Russia”–i.e., Putin–to interfere directly in an American Presidential election: “I will tell you this, Russia: If you’re listening, I hope you’re able to find the 30,000 [Hillary Clinton] emails that are missing. I think you will probably be rewarded mightily by our press.”

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Vladimir Putin

  • He surrounded himself with men who have close ties to Putin. One of these was Paul Manafort, his former campaign manager. His longstanding ties to pro-Russian politicians in Ukraine lead directly to Putin.  
  • Another was Roger Stone, self-confessed political dirty trickster and former business partner of Paul Manafort. Stone had extensive contacts with hacker Guccifer 2.0, whom the CIA, NSA and FBI believe was actually a front for GRU, Russian military intelligence.  
  • Yet another Trump advisor, Roger Ailes, was a known sexual predator.  Hired to prepare Trump for the fall debates with Clinton, he was fired in July as CEO of Fox News on multiple charges of sexual harassment.
  • During the 2016 campaign, Trump received the enthusiastic support of the Ku Klux Klan and the American Nazi Party. 

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Ku Klux Klan emblem

  • 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.
  • On November 18, Trump–rather than face trial–settled the case out of court for $25 million. “Today’s $25 million settlement agreement is a stunning reversal by Donald Trump,” said New York Attorney General Eric Schneiderman, “and a major victory for the over 6,000 victims of his fraudulent university.
  • Throughout the 2016 Presidential campaign, Trump repeatedly used threats of violence to intimidate his Republican and Democratic opponents
  • On March 16, he 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.
  • On August 9,  Trump issued a veiled solicitation for the assassination of Democratic Presidential candidate Hillary Clinton: “Hillary 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.” 
  • After slandering President Barack Obama for five years as “the President from Kenya,” he blatantly lied: “Hillary Clinton and her campaign of 2008 started the birther controversy. I finished it.”

ABORTING TRUMP’S CANDIDACY–WHAT MIGHT HAVE BEEN: PART THREE (END)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on March 8, 2017 at 12:06 am

President Donald Trump claims that, as a Presidential candidate, he was a victim of illegal wiretapping ordered by President Barack Obama.

In fact, even without wiretaps, there were at least four instances where Federal law enforcement authorities could have utterly changed the outcome of the 2016 election.

Two of these dealt with purely domestic issues–

  • The Trump University scandal; and
  • Trump’s repeated threats of violence against Republican and Democratic opponents.

The third and fourth ones dealt with issues directly affecting the security of the United States.

It is unprecedented for an American Presidential candidate to repeatedly bestow fulsome praise on the leader of a foreign power hostile to the United States. And to receive equally fawning compliments in return from that leader.

Yet that is precisely what has happened between Donald Trump and Vladimir Putin.

Thus Putin on Trump: “He is a bright personality, a talented person, no doubt about it. It is not up to us to appraise his positive sides, it is up to the U.S. voters. but, as we can see, he is an absolute leader in the presidential race.”

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Vladimir Putin

And Trump on Putin: “It is always a great honor to be so nicely complimented by a man so highly respected within his own country and beyond.  He’s running his country, and at least he’s a leader. Unlike what we have in this country”–a clear attack on President Barack Obama.

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Donald Trump

Case #3: 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.

  • Admiral Michael Rogers, director of the National Security Agency (NSA) and US Cyber Command, said in mid-November 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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  • The Russians hacked the Democratic committee’s servers–but not those of the Republican National Committee.
  • On December 16, 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. 

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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.”   

Case #4: The Justice Department did not prosecute 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.     

At a news conference in Doral, Florida on July 27, 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.”

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.”
  • “I find those kinds of statements to be totally outrageous because you’ve got now a presidential candidate who is, in fact, asking the Russians to engage in American politics,” said former CIA Director Leon Panetta, a Clinton surrogate. “I just think that’s beyond the pale.”
  • Brendan 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.”
  • Even 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.”

FBI Director James Comey believed that Hillary Clinton’s emails on a private server were so dangerous to national security that he announced–11 days before the election–that he was re-opening an investigation he had closed.  

That announcement erased widespread outrage over Trump’s unintended admissions of predatory behavior toward women–“Grab them by the pussy”–and reversed Clinton’s growing lead in the polls.

Yet the Bureau has not issued any such statements about the continuing reports of close ties between Trump and Putin, and Trump’s possible investments in Russia.

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.

ABORTING TRUMP’S CANDIDACY–WHAT MIGHT HAVE BEEN: PART TWO (OF THREE)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on March 7, 2017 at 12:35 am

Even without wiretaps, there were at least four instances when Federal law enforcement authorities could have disqualified Donald Trump as a Presidential candidate–or secured his indictment.

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

  • 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 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.”

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.

Threats of violence continued to be made by Trump supporters right up to the day of the election.

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

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Fergus Cullen

“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.

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.

Both the USA Patriot Act and the Racketeer Influenced Corrupt Organizations (RICO) Act have statutes dealing with making terrorist threats against government institutions to influence their members.

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President George W. Bush signing the USA Patriot Reauthorization Act of 2005

If Trump’s remarks did not violate one or both of those laws, certainly remarks made by his surrogates did.

Thus, the Justice Department could have cited the Patriot Act in indicting Trump and/or any number of his followers for “activities that…appear to be intended…to influence the policy of a government by intimidation or coercion [and]…occur primarily within the territorial jurisdiction of the United States.”

The Justice Department could have also demanded that the results of the election be invalidated on the basis that widespread voter and candidate intimidation played a massive role in it.

But of course this did not happen.

ABORTING TRUMP’S CANDIDACY–WHAT MIGHT HAVE BEEN: PART ONE (OF THREE)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on March 6, 2017 at 12:56 am

Future historians–if there are any–may one day write that it’s what didn’t happen that played at least as great a role in electing Donald Trump President as what actually did.

There were at least four instances where intervention by Federal law enforcement authorities could have utterly changed the outcome of the 2016 election.  

And Trump’s completely unsupported accusations that he was illegally wiretapped were not one of those instances.  

On March 4, in a series of unhinged tweets, Trump accused former President Barack Obama of tapping his Trump Tower phones prior to the election:  

“Terrible! Just found out that Obama had my ‘wires tapped’ in Trump Tower just before the victory. Nothing found. This is McCarthyism!”  

“Is it legal for a sitting President to be ‘wire tapping’ a race for president prior to an election? Turned down by court earlier. A NEW LOW!”  

“I’d bet a good lawyer could make a great case out of the fact that President Obama was tapping my phones in October, just prior to Election!”

“How low has President Obama gone to tapp my phones during the very sacred election process. This is Nixon/Watergate. Bad (or sick) guy!”

There are two theories about what prompted Trump’s accusations.

Theory #1: They were prompted by Right-wing media outlets that had been pushing wiretapping claims in recent days. 

On March 2, Right-wing radio host Mark Levin claimed that Obama had used “powers of the federal government to surveil members of the Trump campaign.”

Referring to Attorney General Jeff Sessions and his newly disclosed meetings with Russia’s ambassador last year, Levin asked: “Today’s reporting on Sessions having a chance meeting with the ambassador–where did that information come from? Look at the timing of it. Was Obama surveilling top Trump campaign officials during the election?”  

On March 3, the Fascist media site Breitbart News echoed the charge. Its story was based on Levin’s show and offered no evidence to back up its accusations.

Theory #2: Trump, under scrutiny for ties between his campaign and Russia, sought to deflect attention by making an outrageous accusation.

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Donald Trump

Even without wiretaps, there were at least four instances where intervention by Federal law enforcement authorities could have disqualified Trump as a Presidential candidate and/or secured his indictment.

Case #1:  The Justice Department did not indict Trump and/or the Attorney Generals of Texas and/or 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 check $25,000 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.

One attorney general who refused to accept money from Trump was New York’s Eric Schneiderman. His decision to press fraud claims against Trump forced the real estate mogul to settle the case out of court for $25 million.

“Today’s $25 million settlement agreement is a stunning reversal by Donald Trump,” said Schneiderman on November 18, “and a major victory for the over 6,000 victims of his fraudulent university.”

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.

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. 

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

  • On March 16, he 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.”

FINDING THE COURAGE TO SAY “NO”: PART TWO (END)

In Bureaucracy, History, Law, Law Enforcement, Military, Politics, Social commentary on January 18, 2017 at 3:31 pm

Long before Donald Trump was accused of being sexually compromised by the Russians, Americans knew enough about him to decide: “You are unfit for the Oval Office.”

Almost immediately after entering the Presidential race on June 16, 2015, he began attacking one group of Americans after another:

  • Mexicans: “They’re bringing drugs. They’re bringing crime. They’re rapists.” He’s also promised to “build a great, great wall on our southern border and I will have Mexico pay for that wall.”
  • Blacks: Trump retweeted an image of a masked, dark-skinned man with a handgun and a series of alleged crime statistics, including: “Blacks killed by whites – 2%”; “Whites killed by blacks – 81%.” The image cites the “Crime Statistics Bureau – San Francisco”–an agency that doesn’t exist.
  • Muslims: Trump has boasted he would ban them from entering the United States–and revive waterboarding of terrorist suspects. He would require Muslims to register with the Federal Government. And he would close “some mosques” if he felt they were being used by Islamic terrorists.
  • POWs: Speaking of Arizona U.S. Senator John McCain: “He’s a war hero because he was captured. I like people who weren’t captured.”

Donald Trump

The number of people, places and things Trump has insulted is so extensive The New York Times compiled a list of 273 of them.

  • One of those persons was Tarla Makaeff, who spent more than $60,000 on Trump University classes.  In 2010, she filed a fraud lawsuit against (now-defunct) Trump University.
  • Trump retaliated by filing a defamation suit against her. The case was dismissed by a judge.
  • But Trump continued to attack her during his Presidential candidacy. During a campaign rally he assailed her as a “horrible, horrible witness,” and then posted on Twitter that she was “Disgraceful!”
  • Makaeff ultimately persuaded the judge presiding over the Trump University case to let her remove her name as a plaintiff.

As an authoritarian who demands the right to craft his own image. Trump furiously denies others the right to dissent from it:

  • Counter-suits, threats and personal insults against outsiders; and
  • Stringent confidentiality agreements against employees, business partners, his former spouses and now his campaign staffers.
  • In February, 2016, Trump said that he was “gonna open up our libel laws so when they write purposely negative and horrible and false articles, we can sue them and win lots of money.”

Two of Trump’s most vicious threats were aimed at Democratic Presidential candidate Hillary Clinton.

  • The first occurred on October 9, during their second Presidential debate: “If I win, I am going to instruct my attorney general to get a special prosecutor to look into your situation–there has never been so many lies and so much deception.”
  • The second occurred on October 10, three days after The Washington Post leaked a video of Donald Trump making sexually predatory comments about women (“I don’t even wait. Grab them by the pussy. You can do anything”).
  • Rather than accept responsibility for his actions, Trump blamed the Clintons–who had nothing to do with the release.Speaking before a rally in Pennsylvania on October 10, Trump threatened: “If they wanna release more tapes saying inappropriate things, we’ll continue to talk about Bill and Hillary Clinton doing inappropriate things.  There are so many of them, folks.”

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Hillary Clinton

Trump’s rampant 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.”
  • “I think the only difference between me and the other candidates is that I’m more honest and my women are more beautiful.”
  • “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.”

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Trump publicly admitted that his egomania would play a major role in his approach to consulting advisers:

  • Asked on MSNBC’s “Morning Joe” who he consults about foreign policy, he replied: “I’m speaking with myself, number one, because I have a very good brain and I’ve said a lot of things.”

Trump has never been charged with incest, but he’s repeatedly made disturbing, sexually inappropriate comments about his daughter, Ivanka:

  • When asked how he would react if Ivanka, a former teen model, posed for Playboy, Trump replied: “I don’t think Ivanka would do that, although she does have a very nice figure. I’ve said if Ivanka weren’t my daughter, perhaps I’d be dating her.

On October 7, The Washington Post leaked a video of Donald Trump making sexually predatory comments about women (“You can grab them by the pussy”).

  • Within a week, no fewer than 12 had come forward to accuse him of sexually inappropriate behavior.
  • Although he threatened to sue the New York Times if it reported the women’s claims, he has so far refused to do so.

* * * * *

Those Americans who voted for Donald Trump knew the character of the man they were supporting.

They enthusiastically followed him because he gave voice to their hatreds and prejudices.  And because they believed he would humiliate and destroy those they wanted to see humiliated and destroyed.

The next four years will unveil how many of their wishes are fulfilled.

FINDING THE COURAGE TO SAY “NO”: PART ONE (OF TWO)

In Bureaucracy, History, Law, Law Enforcement, Military, Politics, Social commentary on January 17, 2017 at 12:01 am

“What did the President know and when did he know it?”

It was the famous question asked by Tennessee U.S. Senator Howard Baker during the 1973 Watergate hearings.

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Howard Baker

The question cut to the core of President Richard Nixon’s litany of crimes.  And the fact that it was posed by a Republican gave it added power.

More than a year later, Americans learned its answers:

  • Nixon had learned that his own White House “Plumbers” had carried out the Watergate Hotel burglary; and
  • Only days afterward, he ordered a cover-up.

With those revelations, his Presidency was finished.

America now stands only days away from swearing in Donald J. Trump as the 45th President of the United States.

And, once again, Howard Baker’s slightly altered question resonates with force: “What did the American people know, and when did they know it?”

And the subject of that question is not Richard Nixon but President-elect Donald Trump.

Since January 10, Americans have been obsessed with the unproven allegation that, during a visit to Russia several years ago, Trump paid prostitutes to urinate on a bed once slept in by the Obamas at the Moscow Ritz-Carlton.

The charge was published by Buzzfeed, and given weight by reports that both Trump and President Barack Obama had been briefed by Intelligence officials about the alleged incident.

Perhaps even worse for Trump, it’s made him the butt of countless “golden shower” jokes. Saturday Night Live featured a skit with Vladimir Putin appearing at a press conference to blackmail Trump (Alec Baldwin) with a video tape labeled: “PEE PEE TAPE.”

Trump has denied the charge as “fake news.”

But long before this disturbing claim, Americans had more than enough knowledge about Donald Trump to judge him unfit for the Oval Office.

  • He unknowingly admitted to being a sexual predator of women: “You know I’m automatically attracted to beautiful–I just start kissing them. It’s like a magnet. Just kiss. I don’t even wait. And when you’re a star they let you do it. You can do anything. Grab them by the pussy. You can do anything.”

Donald Trump

  • He refused to release his tax returns–unlike every other Presidential candidate since Ronald Reagan in 1980.
  • He said he was prepared to withdraw from NATO, the American-European alliance that held the Soviet Union at bay for a half-century.
  • He often and publicly praised Russian President Vladimir Putin, the absolute dictator of a foreign power hostile to the United States.
  • He publicly invited “Russia”–i.e., Putin–to interfere directly in an American Presidential election: “I will tell you this, Russia: If you’re listening, I hope you’re able to find the 30,000 [Hillary Clinton] emails that are missing. I think you will probably be rewarded mightily by our press.”

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Vladimir Putin

  • He surrounded himself with men who have close ties to Putin. One of these is Paul Manafort, his former campaign manager. His longstanding ties to pro-Russian politicians in Ukraine lead directly to Putin.  
  • Another–his pick for Secretary of State, Rex Tillerson–is the CEO of ExxonMobil, which has worked on major oil projects with Russia. In 2013, Putin awarded Tillerson the Order of Friendship, one of the highest honors the nation bestows on foreign citizens.  
  • Yet another Trump advisor, Roger Ailes, is a known sexual predator.  Hired to prepare Trump for the fall debates with Clinton, he was fired in July as CEO of Fox News on multiple charges of sexual harassment.
  • During the 2016 campaign, Trump received the enthusiastic support of the Ku Klux Klan and the American Nazi Party. 

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Ku Klux Klan enblem

  • 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 check $25,000 for her re-election campaign. The money came from the Donald J. Trump Foundation.
  • On November 18, Trump–rather than face trial–settled the case out of court for $25 million. “Today’s $25 million settlement agreement is a stunning reversal by Donald Trump,” said New York Attorney General Eric Schneiderman, “and a major victory for the over 6,000 victims of his fraudulent university.
  • Throughout the 2016 Presidential campaign, Trump repeatedly used threats of violence to intimidate his Republican and Democratic opponents. On March 16, he 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.
  • On August 9,  Trump issued a veiled solicitation for the assassination of Democratic Presidential candidate Hillary Clinton: “Hillary 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.”  
  • After slandering President Barack Obama for five years as “the President from Kenya,” he blatantly lied: “Hillary Clinton and her campaign of 2008 started the birther controversy.  I finished it.”

WHY TRUMP WON: WHAT DIDN’T HAPPEN: PART ONE (OF THREE)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on January 2, 2017 at 12:12 am

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.

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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.”

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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.

Future historians—if there are any—may one day write that it’s what didn’t happen that played at least as great a role in electing Donald Trump President as what actually did.

There were at least four instances where intervention by Federal law enforcement authorities could have utterly changed the outcome of the 2016 election.

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Donald Trump

Case #1:  The Justice Department did not indict Trump and/or the Attorney Generals of Texas and/or 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 check $25,000 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.

One attorney general who refused to accept money from Trump was New York’s Eric Schneiderman. His decision to press fraud claims against Trump forced the real estate mogul to settle the case out of court for $25 million.

“Today’s $25 million settlement agreement is a stunning reversal by Donald Trump,” said Schneiderman on November 18, “and a major victory for the over 6,000 victims of his fraudulent university.”

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.

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.

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

  • On March 16, he 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.”
  • And Ohio governor and Republican presidential candidate John Kasich chinned in. “Leaders don’t imply violence,” Kasich told “Face the Nation” on March 20. “When he says that there could be riots, that’s inappropriate. I think you understand that, okay? Secondly, while we have our differences and disagreements, we’re Americans. Americans don’t say, ‘Let’s take to the streets and have violence.'”
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