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Posts Tagged ‘ESPIONAGE ACT’

A FOOL FOR HIS CLIENT

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on June 29, 2023 at 12:18 am

“A lawyer who pleads his own case has a fool for his client.”  

It’s a long-known legal maxim—and a time-tested one.

When you’re facing a major life stress—such as a criminal indictment—you can’t be objective on your own behalf. 

That’s why even brilliant lawyers hire other lawyers to represent them when they’re facing civil or criminal charges. 

Of course, if you’re Donald Trump, all bets are off.

On June 13, he became the first ex-President to be formally booked by the Justice Department on federal charges.

United States Department of Justice - Wikiwand

Seal of the Department of Justice

He’s now facing 37 felony charges based on his retaining and hiding classified government documents from authorities.

 These charges include: 

  • Willfully retaining national defense information: Storing 31 classified documents at Mar-a-Lago.
  • Conspiring to obstruct justice: Conspiring to keep those documents from the grand jury.
  • Withholding a document or a record: Misleading one of his attorneys by moving boxes of classified documents so the attorney could not find or introduce them to the grand jury.
  • Concealing a document in a federal investigation: Hiding Trump’s possession of classified documents at Mar-a-Lago from the FBI and causing a false certificate to be submitted to the FBI.
  • Scheme to conceal: Trump hid his continued possession of documents from the FBI and the grand jury.
  • False statements and representations: Trump caused another of his attorneys to make false statements to the FBI and grand jury about the search at Mar-a-Lago.

Trump has long bragged that he is an expert on virtually everything. 

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

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Donald Trump

Among the professions Trump has claimed to be an expert on 

TV ratings: “I know more about people who get ratings than anyone.”

ISIS: “I know more about ISIS than the generals do.”

Social media: “I understand social media. I understand the power of Twitter. I understand the power of Facebook maybe better than almost anybody, based on my results, right?”

Courts: “I know more about courts than any human being on Earth.”

Lawsuits: “[W]ho knows more about lawsuits than I do? I’m the king.”

Politicians: “I understand politicians better than anybody.”

Trade: “Nobody knows more about trade than me.” 

Nor is that by any means the end of his claimed expertise. If you believe him, he’s also an expert on:

  • Drones
  • Technology
  • The economy
  • Construction
  • Democrats
  • Infrastructure
  • Debt
  • Money
  • Taxes.

So it’s inevitable that, when you believe you’re the smartest person on earth, you aren’t going to pay attention to a mere criminal attorney—even when you’re facing the most serious crisis of your life.

Not only did he reject the advice of one attorney—he rejected the advice of several.

According to The Washington Post, Trump was extremely stubborn about negotiating with government officials. When one of his attorneys, Christopher Kise, suggested meeting with the Justice Department to negotiate a settlement that could avoid charges, Trump rejected that plan.

Instead, he listened to the advice of Tom Fitton, the president of the Right-wing group Judicial Watch. Fitton, who is not an attorney, told him he could keep the documents and that he should fight the Justice Department.

Tom Fitton

Tom Fitton 

Gage Skidmore, CC BY-SA 3.0 <https://creativecommons.org/licenses/by-sa/3.0&gt;, via Wikimedia Commons

Trump regularly cited Fitton to his advisers as he continued to fight the Justice Department. Several of those advisers blame Fitton for convincing Trump he had the right to keep the classified files.

Fitton told the Post he didn’t understand “any” of the indictment, saying he believed the charges levelled against the former president were a “trap.” 

This, of course, did not persuade Trump that he should listen to attorneys who did understand the legal dangers he was facing.

Fitton blamed Trump’s lawyers for not being more aggressive in fighting the subpoenas issued by the government.

“They had no business asking for the records….and they’ve manufactured an obstruction charge out of that,” Fitton told the Post. “There are core constitutional issues that the indictment avoids, and the obstruction charge seems weak to me.”

But it won’t be Fitton who discovers whether the Justice Department has a weak case. It will be Trump. 

Trump has had serious difficulties in finding attorneys to represent him in this case—and in the ones almost certain to arise before the year is out.

Free Scales Of Justice Clipart, Download Free Scales Of Justice Clipart png images, Free ClipArts on Clipart Library

According to a June 14 story in Forbes: Trump was represented by two of his existing attorneys at his arraignment. They were not, however, specialists in national security and lacked a security clearance.

This last is a mandatory requirement, owing to the Espionage Act charges that involve classified national defense information.

Many attorneys have refused to represent Trump—including David O. Markus, who recently defended former Florida gubernatorial candidate Andrew Gillum against corruption charges. Another, Howard Srebnick, was not allowed to represent Trump after talking to his legal partners.

Among the reasons lawyers don’t want to work for Trump:

  • His difficult reputation;
  • Using attorneys as attack dogs or political aides;
  • Refusing to heed legal advice and
  • Not paying his legal bills.

Donald Trump faces two major enemies: The Justice Department—and the private legal community. 

2022: A BAD YEAR FOR DICTATORS: PART TWO (END)

In Bureaucracy, Business, Entertainment, History, Law, Law Enforcement, Military, Politics, Social commentary on February 2, 2023 at 12:10 am

The year 2022 proved a disastrous one for dictators.                                              

The first of these profiled in this two-part series was Russian President Vladimir Putin. 

But the United States is not immune to those with dictatorial ambitions. Easily the most dangerous of these is former President Donald Trump.

But after escaping justice for decades, he now stands in danger of its catching up with him.

  • Manhattan District Attorney Alvin Bragg won a resounding verdict against two Trump Organization companies for criminal tax fraud. Their executives had falsified business records in a 15-year scheme to defraud tax authorities by failing to report and pay taxes on compensation for top executives.
  • New York Attorney General Letitia James filed a lawsuit against Trump and the Trump Organization for engaging in years of financial fraud to obtain a wide range of economic benefits. Also named in the suit: His children Donald Trump, Jr., Ivanka Trump, and Eric Trump.
  • E. Jean Carroll sued Trump for defamation in 2019 after he accused her of lying when she alleged he raped her in a New York City department store dressing room in the ’90s. Shielded from lawsuits during his Presidency, he lost that immunity when he left office.
  • In 2022, Carroll sued Trump again under the Adult Survivors Act, a newly-passed New York state law that re-opens the statute of limitations for sexual abuse claims in the state.
  • Altogether, Trump is now a defendant in 17 lawsuits at the local, state and Federal level.

Dictator #3: Elon Musk

Elon Musk had made himself the wealthiest man on the planet through his ownership of Tesla, the premier electric car company. But it wasn’t enough for him.

In October, he bought Twitter for $44 billion.

Immediately afterward, he careened from one self-inflicted crisis to another. Among these:

  • Laying off about half of Twitter’s 7,500 staffers.
  • Giving an ultimatum to the remaining staff that they must do “extremely hardcore” work or leave—causing about 1,000 employees to head for the exits.
  • Firing employees who openly disagreed with him.

An image of Musk smiling in a suit, sans tie

Elon Musk

The Royal Society, CC BY-SA 3.0 <https://creativecommons.org/licenses/by-sa/3.0&gt;, via Wikimedia Commons

  • Frequently and arbitrarily changing Twitter’s rules and banning people who violated them—including several tech journalists. 
  • Allowing Right-wingers to engage in misinformation, conspiracy theories and hate speech, and restoring permanently banned accounts—such as Donald Trump’s.  

As a result:

  • According to Media Matters for America, Twitter lost half of its top 100 advertisers, which spent $750 million on ads in 2022.
  • Several current and former employees sued Twitter for violating the Worker Adjustment and Retraining Notification Act of 1988 for Musk’s failing to provide a 60-day notice prior to mass firings.
  • As Twitter’s fortunes have increasingly declined, several Twitter alternatives have appeared. One of these is Mastodon, with 2.5 million members. Another is Tribel. Both emphasize their freedom from Right-wing hate speech and conspiracy theories.

Dictator #4: Mark Zuckerberg

Since he created Facebook in 2004, Zuckerberg has ruled as its unchallenged dictator. But his all-consuming drive for absolute control over not only Facebook but other domains has led to a series of highly publicized scandals.

According to the company’s profile on Wikipedia:

“Facebook has often been criticized over issues such as user privacy (as with the Cambridge Analytica data scandal), political manipulation (as with the 2016 U.S. elections) and mass surveillance….

“Facebook has also been subject to criticism over psychological effects such as addiction and low self-esteem, and various controversies over content such as fake news, conspiracy theories, copyright infringement, and hate speech. Commentators have accused Facebook of willingly facilitating the spread of such content as well as exaggerating its number of users to appeal to advertisers.”

Mark Zuckerberg F8 2019 Keynote (32830578717) (cropped).jpg

Mark Zuckerberg 

Anthony Quintano from Westminster, United States, CC BY 2.0 <https://creativecommons.org/licenses/by/2.0&gt;, via Wikimedia Commons

In 2021-22, retribution began catching up with Zuckerberg’s empire.

  • Frances Haugen, a former Facebook employee, disclosed tens of thousands of Facebook’s internal documents to the Securities and Exchange Commission and the Wall Street Journal in 2021. She testified before Congress that Facebook promotes conflict to increase its readership and keep them reading—and buying. 
  • Haugen’s revelations included that since at least 2019, Facebook had studied the negative impact that its photo and video sharing social networking service, Instagram, had on teenage girls. Yet the company did nothing to mitigate the harms and publicly denied that was the case.
  • In response to Haugen’s testimony, Congress promised legislation and drafted several bills to address Facebook’s power.
  • In April, 2021, Apple launched a new alert system to warn its users how Facebook was tracking their browsing habits. Facebook’s advertising profits have fallen, because a lack of data makes it hard to target people using iPhones.
  • Zuckerberg has spent at least $38 billion to expand his empire and create an immersive, virtual “Metaverse.”  So far, however, the gamble has not paid off.
  • TikTok has siphoned off a large part of Facebook’s original audience.  
  • “I think Facebook is not going to do well as long as [Zuckerberg]’s there,” said Bill George, a senior fellow at Harvard Business School. “He’s likely one of the reasons so many people are turning away from the company. He’s really lost his way.” 

“Look to the end,” Solon the Athenian warned King Croesus of Lydia. “Often enough, God gives a man a glimpse of happiness and then utterly ruins him.”

2022: A BAD YEAR FOR DICTATORS: PART ONE (OF TWO)

In Bureaucracy, Business, Entertainment, History, Law, Law Enforcement, Military, Politics, Social commentary on February 1, 2023 at 12:15 am

The year 2022 was not a good one for dictators.     

Four of them—one Russian, three American—suffered humiliating defeats. If these didn’t herald their coming overthrow, they certainly erased these dictators’ pretense at invincibility.           

Dictator #1: Russian President Vladimir Putin     

When he attacked Ukraine with 200,000 soldiers on February 24, Putin had every reason to believe that his unprovoked war would be a cakewalk. 

Intent on restoring the borders of the former Soviet Union, he had swept from one successful war to the next: 

  • In 1999-2000, he waged the Second Chechen War, restoring federal control of Chechnya.
  • In 2008, he invaded the Republic of Georgia, which had declared its independence as the Soviet Union began to crumble. By war’s end, Russia occupied 20% of Georgia’s territory.
  • In 2014, Putin invaded and annexed the Crimean Peninsula from Ukraine. 

Meanwhile, the North Atlantic Treaty Organization (NATO) launched only verbal condemnations.

The reasons:

  •  Fear of igniting a nuclear war; 
  •  Belief that Russia was simply acting within its own sphere of influence; and/or
  • Then-President Donald Trump’s repeated attacks on NATO and displays of subservience to Putin.

The assault on Ukraine opened with missiles and artillery, striking major Ukrainian cities, including its capitol, Kiev.      

Vladimir Putin 17-11-2021 (cropped).jpg

Vladimir Putin

Kremlin.ru, CC BY 4.0 <https://creativecommons.org/licenses/by/4.0&gt;, via Wikimedia Commons

When Russia invaded, the United States—now led by anti-Putin President Joe Biden—and its Western European allies retaliated with unprecedented economic sanctions. 

Among the resulting casualties: 

  • The ruble crashed.
  • Russia’s central bank more than doubled interest rates to 20%.
  • The European subsidiary of Russia’s biggest bank almost collapsed in a massive Depression-era run by savers. 
  • Economists predicted the Russian economy could decline by five percent. 
  • The West—especially the United States—froze at least half of the $630 billion in international reserves that Putin had amassed to stave off tough sanctions.

Meanwhile, on the battlefield, fierce Ukrainian resistance staggered the Russians: 

  • Kiev remained unconquered. 
  • In late August, using missile systems supplied by the United States, Ukrainian forces destroyed Russian ammunition dumps and a Russian air base in Crimea.
  • In September, Ukraine reclaimed 3,090 square miles of northeastern territory from Russian forces.
  • On September 21, with Russian forces bogged down or retreating, Putin announced the partial mobilization of 300,000 military reservists. All male citizens below 60 are now eligible to be drafted.   
  • Ukrainian forces retook the key city of Kherson in November; Russian forces, which had occupied the city since March, withdrew.  

Russia 'threatening Ukraine With Destruction', Kyiv Says | Conflict News - Newzpick

Ukraine vs. Russia

  • On December 11, Putin’s infamous mercenary army, the Wagner Group, suffered “significant losses” after its Luhansk headquarters was hit during a Ukraine artillery strike.
  • Tensions have flared between the regular Russian army and Wagner Group, with each blaming the other for continuing defeats.
  • Unable to win on the battlefield, Putin has turned to terroristic bombings and drone attacks on Ukrainian infrastructure to break the will of the populace. Defiant Ukrainians continue to hunker down in makeshift shelters against cold and hunger.
  • Putin has been plagued by widespread reports that he’s suffering from cancer, Parkinson’s or some other disabling malady. Most embarrassing of all: A report that, going down a flight of stairs, he tripped and soiled himself upon landing at the bottom.
  • Most importantly: Putin’s attack on Ukraine triggered the danger he most feared: A hardening of the NATO alliance against Russia. 

Dictator #2: Donald Trump

The United States has its own share of would-be dictators. Of these, the most dangerous was former President Donald Trump.

For decades, Trump escaped justice for a litany of infamies—including those committed while he was President.  Among these:

  • Giving highly classified CIA Intelligence to Russian Foreign Minister Sergey Lavrov and Russian Ambassador Sergey Kislyak. 
  • Using his position as President to further enrich himself, in violation of the Emoluments Clause of the Constitution.
  • Firing FBI Director James Comey for refusing to pledge his personal loyalty to Trump—and continuing to investigate Russian subversion of the 2016 election. 
  • Shutting down the Federal Government on December 22, 2018, because Democrats refused to fund his useless “border wall” between the United States and Mexico. An estimated 380,000 government employees were furloughed and another 420,000 were ordered to work without pay for 35 days.

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Donald Trump

  • Allowing the deadly COVID-19 virus to ravage the country, killing 400,000 Americans by the time he left office.
  • Attacking medical experts and governors who urged Americans to wear masks and socially distance to protect themselves against COVID-19.
  • Illegally trying to pressure state legislatures and governors to stop the certification of the vote that had made Joe Biden the President-elect.
  • Inciting his followers to attack the Capitol Building where Senators and Representatives were meeting to count the Electoral Votes won by himself and Joe Biden. His objective: Stop the count, which he knew would prove him the loser.

In 2022, Trump found the law finally closing in on him:

  • Attorney General Merrick Garland launched an investigation into his illegally taking—before he left the White House—11 boxes of highly classified documents. If found guilty for obstruction of justice, mishandling government records and violating the Espionage Act, Trump could go to prison for decades.   
  • After waiting 22 months, Garland finally appointed a Special Counsel to determine if Trump incited a treasonous riot against the United States Capitol on January 6, 2021 to prevent Congressional members from determining the winner of the 2020 Presidential election.