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Posts Tagged ‘FEDERAL JUDGES’

TRUMP: THE NATION’S CHIEF LAWBREAKER

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on April 10, 2019 at 12:15 am

A President plays many roles.  Among these:

  • Chief of State – An inspiring example to the American people.
  • Commander-in-Chief – Of America’s armed services: Army, Navy, Air Force and Marines.
  • Chief Diplomat – Decides what will be the foreign policy of the United States.
  • Chief Executive – The highest-ranking employee of the Federal Government and the boss of millions of those who work in the executive branch.
  • Chief Law Enforcement Officer – Ensures that Federal laws are faithfully administered and the orders of Federal judges obeyed.

It’s with his role as the nation’s chief law enforcement officer that Donald J. Trump has jeopardized his continued role as President of the United States. 

Since taking office on January 20, 2017, Trump has fired:

  • Preet Bharara – U.S. Attorney for the Southern District of New York
  • Sally Yates – Assistant United States Attorney General
  • James Comey – FBI Director
  • Andrew McCabe – FBI Deputy Director 
  • Jeff Sessions – United States Attorney General
  • Randolph “Tex” Alles – Director of the United States Secret Service

Among those law enforcement officials he has forced to resign:

  • Krisjen Nielsen – Secretary of the Department of Homeland Security
  • Rob Joyce – Deputy Homeland Security Advisor
  • Elaine Duke – Deputy Secretary of Homeland Security
  • Robert P. Hayes – Under Secretary of Homeland Security (Intelligence and Analysis)
  • Thomas Homan – Director of Immigration and Customs Enforcement
  • Rachel Brand – Associate United States Attorney General 

In addition, Trump has ruthlessly attacked members of the judiciary who have dared rule against him: 

  • He has repeatedly attacked Seattle U.S. District Judge James Robart, who halted Trump’s first travel ban. 
  • In one tweet, Trump claimed: “Just cannot believe a judge would put our country in such peril. If something happens blame him and court system. People pouring in. Bad!”
  • When Judge John Tigar of the U.S. Court of Appeals for the Ninth Circuit ordered the administration to accept asylum claims regardless of where migrants entered the country, Trump called the decision “a disgrace” and attacked Tigar as “an Obama judge.” 
  • At Trump’s bidding, White House aide Stephen Miller attacked the Ninth Circuit Court of Appeals: “We have a judiciary that has taken far too much power and become, in many cases, a supreme branch of government.” 

Donald Trump

And as recently as April 5, Trump once again demonstrated his notorious contempt for rule-by-law—and his desire to replace it with “rule-by-Trump.” 

This occurred during his visit to Calexico, on the border of California and Mexico. He was there to inspect a section of fencing for his still-uncompleted border wall between the United States and Mexico.

He also attended a briefing on immigration and border security hosted by agents of Immigration and Customs Enforcement (ICE). 

As part of this, he read a statement addressed to Central American migrants wanting to enter the United States:

“It’s a colossal surge and it’s overwhelming our immigration system, and we can’t let that happen. So, as I say, and this is our new statement: The system is full. Can’t take you anymore. Whether it’s asylum, whether it’s anything you want, it’s illegal immigration….Our country is full….So turn around. That’s the way it is.” 

Illegal aliens entering the United States

Nor did Trump have any use for those claiming asylum:

“Asylum—you know, I look at some of these asylum people; they’re gang members. They’re not afraid of anything. They have lawyers greeting them.  They read what the lawyer tells them to read. They’re gang members. And they say, ‘I fear for my life.  I…’ They’re the ones that are causing fear for life.  It’s a scam.  Okay?  It’s a scam.”

That was for public consumption. What was not were words Trump spoke in a private meeting with Border Patrol agents.

According to CNN, “the President told border agents to not let migrants in.”

That, in fact, is illegal, especially if they are seeking asylum. And Secretary of Homeland Security Krisjen Nielsen had told Trump so two weeks earlier. 

“Tell them we don’t have the capacity,” said Trump, reported CNN. “If judges give you trouble, say, “‘Sorry, judge, I can’t do it. We don’t have the room.'”

This was clearly an order for Federal law enforcers to break the law.

It also qualifies as “obstruction of justice”—an article of impeachment filed against President Richard Nixon in 1974.

Once the President left the room, read the CNN report, “agents sought further advice from their leaders, who told them they were not giving them that direction and if they did what the President said they would take on personal liability. You have to follow the law, they were told.”

Attending that meeting was Nielsen. Early on, she thanked Trump “always for coming out to the field to listen to the men and women.  We greatly appreciate your support.”  

Kirstjen Nielsen official photo.jpg

Krisjen Nielsen

Two days later, she would be ousted by Trump as Secretary of Homeland Security.

Trump had won election in 2016 partly on promises to build a border wall and crack down on illegal immigrants. For his base, that remains the overriding issue. If Trump can’t make good on his promise, he’s unlikely to be re-elected by that base.

And Trump didn’t believe that Nielsen had been ruthless enough in stemming the tide of legal and illegal immigration from Central American countries. 

UNDERMINING DEMOCRACY–IN GERMANY AND AMERICA

In Bureaucracy, History, Law, Law Enforcement, Military, Politics, Social commentary on March 12, 2019 at 12:13 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.

Image result for Images of Adolf Hitler outside Landsberg prison

Adolf Hitler leaving Landsberg Prison, December, 20, 1924

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

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

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

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

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

Consider the case of Paul Manafort.

Manafort faced 18 counts brought by Special Counsel Robert Mueller’s team investigating Russian subversion of the 2016 election.

These included:

  • Filing false income tax statements.
  • Failing to file foreign bank account reports to disclose his control over his overseas accounts.
  • Bank fraud and bank fraud conspiracy—by lying about Manafort’s income, debt and the nature of his real estate properties.

Mueller believed that Manafort could provide an insider’s account of the infamous June, 2016 Trump Tower meeting. Among the attendees: Manafort, Trump’s son, Donald Trump Jr., and Trump’s son-in-law Jared Kushner—along with Russian nationals offering dirt on Hillary Clinton.

While Manafort managed Trump’s Presidential campaign—from March to September, 2016:

  • In July, the GOP gutted an amendment to its platform that advocated sending arms to Ukraine to defend against Russian aggression.
  • Later that month, WikiLeaks began dumping emails that Russia had stolen from the Democratic National Committee.
  • Manafort also received emails from Trump campaign aide George Papadopoulos, offering to set up a meeting between Trump and Russian President Vladimir Putin. 

Manafort refused to cooperate with Mueller, then said he would. Then he lied to the FBI. Then Mueller dumped him as a witness.

Mueller asked Federal Judge T.S. Ellis to sentence Manafort from 20 to 24 years in prison and pay a fine between $50,000 and $24 million.

Instead, the Alexandria, Virginia-based judge sentenced Manafort to only 47 months in prison—one month less than four years.

Throughout the trial, Ellis had made no secret of his sympathy for Manafort:

  • Berating prosecutors for moving too slowly through their case.
  • Attacking one prosecutor for not looking at Ellis while the judge was talking.
  • Limiting the evidence the prosecutors could present.
  • Accusing one government lawyer of crying.

During the preliminary hearing, Ellis gave away the game: “You don’t really care about Mr. Manafort You really care about what information Mr. Manafort can give you to lead you to Mr. Trump and an impeachment, or whatever.”

Thus, a former key supporter of a Right-wing President found himself saved by an equally Right-wing supporter of the same President.

The Weimar Republic in Germany faced a similar danger.

Defeat in World War I in 1918 led to the Kaiser’s abdication, a republic and a new constitution. 

Many Germans hated the Weimar Republic for signing the armistice in November, 1918. They resented the government for signing the Versallies Treaty, which imposed harsh conditions on Germany, although the Republic had been forced to by the Allies.

Right-wing terrorists assassinated 356 government politicians in the early years of the Republic. Among these were Walter Rathenau, the Jewish foreign minister, and Matthias Erzberger who had been finance minister.

Right-wing judges in their trials, many of whom preferred the Kaiser’s government, consistently gave these terrorists light sentences, or let them go free.

Adolf Hitler drew such a judge at his trial.

By March 7, 2019, the United States Senate had confirmed 89 Right-wing, Trump-nominated judges, including two Associate Justices of the Supreme Court, 34 judges for the United States Courts of Appeals and 53 judges for the United States District Courts. 

What boded ill for the Weimar Republic bodes ill for the American Republic.

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