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Posts Tagged ‘ERIC SWALWELL’

NUREMBERG TRIALS–PAST AND FUTURE

In Bureaucracy, History, Law, Law Enforcement, Military, Politics, Social commentary on March 27, 2026 at 12:11 am

Those who have seen the classic 1961 movie, “Judgment at Nuremberg,” will remember its pivotal moment.     

That’s when Burt Lancaster, as Ernst Janning, the once distinguished German judge, confesses his guilt and that of Nazi Germany in a controlled, yet emotional, outburst. 

Addressing the court—presided over by Chief Judge Dan Haywood (Spencer Tracy)—Janning explains the forces that led to the triumph of evil:

“My counsel would have you believe we were not aware of the concentration camps. Not aware? Where were we?

“Where were we when Hitler began shrieking his hate in the Reichstag? When our neighbors were dragged out in the middle of the night to Dachau?

“Where were we when every village in Germany had a railroad terminal where cattle cars were filled with children being carried off to their extermination? Where were we when they cried out in the night to us? Were we deaf? Dumb? Blind?

“My counsel says we were not aware of the extermination of the millions. He would give you the excuse we were only aware of the extermination of the hundreds. Does that make us any the less guilty?

“Maybe we didn’t know the details, but if we didn’t know, it was because we didn’t want to know.”

On August 14, 2020, Representative Eric Swalwell (D-CA) offered this proposal: “I don’t say this lightly: When we escape this Trump hell, America needs a Presidential Crimes Commission. It should be made up of independent prosecutors who look at those who enabled a corrupt president.” 

On November 3, 2020, Joseph Biden was elected President. But during the next four years, Democrats refused to act on this proposal. Had they done so,  the United States might now be a far different nation.

If such a commission is empaneled by a future President or Congress, an equally conscience-stricken former member of the Donald Trump administration might well make a statement similar to the one given above: 

“My counsel would have you believe we were not aware of the ICE concentration camps. Not aware? Where were we?

“Where were we when Trump began shrieking his hate across the country? When Trump called our free press ‘the enemy of the people’?

“Where were we when Trump started an unprovoked war against Iran and openly boasted that he would destroy its civilian infrastructure—a clear war crime?

“Where were we when Trump turned the Justice Department into his personal SS to illegally prosecute those who had legitimately investigated  him?

“My counsel says we were not aware of Trump’s creating a private army of ICE goons who shot innocent American citizens.

“Does that make us any the less guilty? Maybe we didn’t know the details of all these atrocities. But if we didn’t know, it was because we didn’t want to know.”

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Donald Trump

In his bestselling 1973 biography, The Life and Death of Adolf Hitler, British historian Robert Payne harshly condemned the German people for the rise of the Nazi dictator: 

“Ultimately, the responsibility for the rise of Hitler lies with the German people, who allowed themselves to be seduced by him and came to enjoy the experience….

“They followed him with joy and enthusiasm because he gave them license to pillage and murder to their hearts’ content. They were his servile accomplices, his willing victims….

“If he answered their suppressed desires, it was not because he shared them, but because he could make use of them. He despised the German people, for they were merely the instruments of his will.” 

The Life and Death of Adolf Hitler by Robert Payne | Goodreads

On November 5, 2024, 77,302,580 ignorant, hate-filled, Right-wing Americans catapulted Donald Trump—a man, charged conservative New York Times columnist David Brooks, with an “odd psychology unleavened by kindness and charity”—once again into the Presidency. 

Upon re-taking office on January 20, 2025, Trump began attacking the vital foundations of democracy

  • Granting clemency to more than 1,500 people convicted of offenses related to the January 6, 2021 United States Capitol attack.
  • Reversing climate change initiatives, eliminating DEI programs and initiating a federal hiring freeze.
  • Taking an increasingly aggressive stance toward Canada, imposing steep tariffs and even threatening military intervention to make it the 51st state.
  • Purging a half-dozen assistant directors of the FBI who oversee criminal, national security and cyber investigations. Their “crime: Investigating Trump’s inciting the January 6, 2021 coup attempt and his illegally hoarding sensitive national security documents after leaving office.
  • Ordering the Justice Department to indict his critics such as New York Attorney General Letitia James and former FBI Director James Comey.
  • Shutting off the Supplemental Nutrition Assistance Program (SNAP) for the poor to pressure Democrats to support his gutting of healthcare programs.
  • Igniting an unprovoked war with Israel against Iran.

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Democracies that allow such crimes to go unpunished soon cease being democracies. 

It’s natural to regret that the United States has need of such a drastic remedy as a Presidential Crimes Commission. But those who lament this should realize there is only one choice:

Either non-Fascist Americans will destroy the Republican party and its voters that threaten to enslave them—or they will be enslaved by Republicans and their voters who believe they are entitled to manipulate and undermine the country’s democratic processes.

There is no middle ground. 

THE WITNESS IS THE ENEMY: PART TWO (END)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on November 12, 2019 at 12:07 am

Donald Trump has a longstanding hatred of whistleblowers when they betray his crimes and follies. But he feels completely different about “flippers” when their revelations serve his interests.

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).

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The leak revealed a DNC bias for Hillary Clinton and against her lone challenger, Vermont United States Senator Bernie Sanders. Clinton, who was about to receive the Democratic nomination for President, was thoroughly embarrassed. Sanders’ supporters were enraged.

Presidential candidate Trump’s reaction:

  • “WikiLeaks, I love WikiLeaks.”
  • “This WikiLeaks stuff is unbelievable. It tells you the inner heart, you gotta read it.” 
  • This WikiLeaks is like a treasure trove.”
  • “WikiLeaks just came out with a new one just a little while ago it’s just been shown that a rigged system with more collusion, probably illegal, between the Department of Justice the Clinton campaign and the State Department, you saw that.”

But now Trump has reverted to his longtime hatred of “leakers.”

In July, 2019, he told his acting chief of staff, Mick Mulvaney, to withhold almost $400 million in promised military aid for Ukraine, which faces increasing aggression from Russia.

On July 25, Trump telephoned Ukrainian President Volodymyr Zelensky to “request” a “favor”: Investigate Democratic Presidential Candidate Joe Biden and his son, Hunter, who has had business dealings in Ukraine.

The reason for such an investigation: To find embarrassing “dirt” on Biden.

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Joe Biden

But then a CIA whistleblower filed a complaint about the extortion attempt—and the media and Congress soon learned of it. 

Rep. Adam Schiff (D-Calif.) tweeted: “The transcript of the call reads like a classic mob shakedown: — We do a lot for Ukraine — There’s not much reciprocity — I have a favor to ask — Investigate my opponent — My people will be in touch — Nice country you got there. It would be a shame if something happened to her.”

On September 24, 2019, Nancy Pelosi, speaker to the House of Representatives, announced a formal impeachment inquiry into Trump.

On September 26, Trump told a private group at a midtown hotel: “I want to know who’s the person, who’s the person who gave the whistleblower the information? Because that’s close to a spy.

“You know what we used to do in the old days when we were smart? Right? The spies and treason, we used to handle it a little differently than we do now.” 

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Trump can’t refute the sheer number of witnesses who have testified to his extortion attempt on Ukraine. So he now seeks to shift blame to the person who originally testified to his extortion.

On November 6, his son, Donald, Jr., tweeted out an article which might—or might not—have contained the name of the Intelligence community whistleblower.

A Trump shill later claimed that Trump hadn’t known about his son’s efforts to attack that official.

The law firm, Kohn, Kohn & Colapinto, LLP, called on Attorney General William Barr to open a criminal investigation into any leaks of the whistleblower’s identity. 

“As attorneys representing whistleblowers for over 35-years we are extremely concerned about the nation-wide ‘chilling effect’ the disclosure of the identity of any intelligence community whistleblower will necessary cause. Whistleblowers need to reassurance that the laws protecting them will be strictly enforced. 

“If the [whistleblower’s] name is revealed by any person, including Donald Trump, Jr., we hereby request that the persons engaging in this obstruction of justice be immediately arrested.” 

Yet Barr, as Trump’s handpicked Attorney General, has so far refused to take any action against those in violation of whistleblower statutes. 

The Occupational Safety and Health Administration (OSHA) enforces the provisions of more than 20 whistleblower statutes protecting employees from retaliation for reporting violations of various workplace-related laws.

Image result for official seal of osha

According to a 2002 amendment to the federal retaliation statute:

“Whoever knowingly, with intent to retaliate, takes any action harmful to any person, including interference with the lawful employment or livelihood of any person, for providing to a law enforcement officer any truthful information relating to the commission or possible commission of any Federal offense, shall be fined under this title or imprisoned not more than 10 years, or both.”

These forbid an employer to fire, lay off, threaten, reduce pay or hours, blacklist, demote, deny overtime, benefits or promotion to anyone protected by such laws.

One such witness is Lt. Col. Alexander Vindman, an expert on Ukraine. A member of the National Security Council, he felt it improper for a President to ask a foreign leader to investigate an American citizen.

Trump called Vindman, a Purple Heart winner who was wounded in Iraq, “Yesterday’s Never Trumper witness.” 

Ultimately, the identity of the whistleblower doesn’t matter.

As Representative Eric Swalwell (D-CA) tweeted on November 8: “One more time for the people in the back: The whistleblower pulled the fire alarm. The 1st responders showed up and saw smoke, flames, and @realDonaldTrump holding matches. Does it matter who pulled the fire alarm?”

The truth of the original complaint about Trump’s extortion attempt has been repeatedly validated by multiple witnesses.

It now remains to be seen whether Republicans care more about the truth of that complaint—or bowing in subservience to a thoroughly corrupt President.

THE WITNESS IS THE ENEMY: PART ONE (OF TWO)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on November 11, 2019 at 12:07 am

Before 1966, witnesses who dared expose the deadly secrets of the Mafia came to a brutal end once trials ended. And sometimes before trials even began.

For example: In 1940, Abe “Kid Twist” Reles, a notorious hitman for Murder, Inc., the execution squad of the New York Mafia, turned State’s evidence against his cronies. His testimony sent his former boss, Louis “Lepke” Buchalter, to the electric chair for murder.

He was set to testify against Albert “The Executioner” Anastasia, the chief of Murder, Inc., in November, 1941. Then fate—or bribed police—intervened.

Reles was being guarded round-the-clock by a lieutenant and six detectives at the Half Moon Hotel in Coney Island. Nevertheless, he “fell” 42 feet to his death from his sixth-floor room. No one was prosecuted for his murder.

As Joseph Valachi, a future Mafia witness, later testified: “I never met anybody yet who thought Reles went out that window on purpose.”

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Abe “Kid Twist” Reles

In 1966, the United States Justice Department indicted Rhode Island Mafia Boss Raymond Patriarca. Thus, protection of its star witness, hitman Joseph “The Animal” Barboza, became a top priority.

Assigned to guard him was a small, handpicked detail of deputy U.S. marshals under the command of John Partington. For 18 months, the marshals foiled every effort by the Mafia to “clip” Barboza.

His testimony convicted a half-dozen top Mafiosi—including Patriarca. Then the marshals packed Barboza off to California under a new identity—and a new life.

Other Mafiosi—having run afoul of the Mafia and impressed by the success of the marshals in keeping Barboza alive—signed on as witnesses.

This, in turn, led the Justice Department to create an official Witness Security Program. By 2019, the Program had protected, relocated and given new identities to more than 8,600 witnesses and 9,900 of their family members.

Deputy U.S. marshals guarding a witness

Every President since John F. Kennedy has championed the vigorous prosecution of organized crime. And fueling this drive is the testimony of endangered witnesses requiring air-tight security.

Donald Trump is the first President to blatantly attack those who dare to “rat out” their former criminal associates.

On August 21, 2018, attorney Michael Cohen pleaded guilty in federal court in Manhattan to eight counts of campaign finance violations, tax fraud and bank fraud. He also said he had made illegal campaign contributions “in coordination and at the direction of a candidate for federal office”—Donald Trump.  

Among his revelations:

  • Trump has repeatedly asserted that Russia didn’t interfere with the 2016 Presidential election. But Cohen said he believed it did.
  • Trump has repeatedly claimed he had “no business” in Russia. But Cohen testified that the Trump Organization had sought to “pursue a branded property in Moscow.”
  • Trump denied having had sex with and paid off porn “actress” Stormy Daniels. But Cohen confirmed that Trump had instructed him to pay her $130,000 to buy her silence during the 2016 Presidential campaign.

On August 23, on the Fox News program, “Fox and Friends,” Trump attacked Cohen for “flipping” on him: “For 30, 40 years I’ve been watching flippers. Everything’s wonderful and then they get 10 years in jail and they—they flip on whoever the next highest one is, or as high as you can go. It—it almost ought to be outlawed. It’s not fair.

“You know, campaign violations are considered not a big deal, frankly. But if somebody defrauded a bank and he’s going to get 10 years in jail or 20 years in jail but if you can say something bad about Donald Trump and you’ll go down to two years or three years, which is the deal he made.”

Making “flipping” illegal would undo decades of organized crime prosecutions—and make future ones almost impossible.

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U.S. Department of Justice

To penetrate the secrets of criminal organizations, investigators and prosecutors need the testimony of those who are parties to those secrets.  

The Organized Crime Control Act of 1970 gave Justice Department prosecutors unprecedented weapons for attacking crime syndicates across the country. One of these was the authority to give witnesses immunity from prosecution on the basis of their own testimony.

Thus, a witness to a criminal conspiracy could be forced to tell all he knew—and thus implicate his accomplices—and bosses. In turn, he wouldn’t be prosecuted on the basis of his testimony. 

Organized crime members aggressively damn such “rats.” There is no more obscene word in a mobster’s vocabulary.

But no President—until Trump—has ever attacked those who make possible a war on organized crime. 

On August 19, he tweeted: “The failing @nytimes wrote a Fake piece today implying that because White House Councel [sic] Don McGahn was giving hours of testimony to the Special Councel [sic] he must be a John Dean type ‘RAT.’

“But I allowed him and all others to testify – I didn’t have to. I have nothing to hide……” 

In 1973, former White House Counsel John Dean testified before the United States Senate on a litany of crimes committed by President Richard M. Nixon. Dean didn’t lie about Nixon—who ultimately resigned in disgrace.

For Trump, Dean’s sin is that he “flipped” on his former boss, violating the Mafia’s code of omerta, or silence. 

But Trump feels completely different abut “flippers” when their revelations serve his interests.