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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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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.” [Italics added]

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

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

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

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

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

Two of these have already been described:

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

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

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

Now for the next ones:

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

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

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Hillary Clinton

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

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

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

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

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

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

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

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

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

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

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

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

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Donald Trump

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

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

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

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

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

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

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

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

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

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

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

Here is the next one:

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

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

Amazon.com: Wall Plaque of Seal of Department of Justice (DOJ), Official Colors: Wall Art

Seal of the Justice Department

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

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Fergus Cullen

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

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

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

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

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

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

Many of his supporters promised to do so.

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

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

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

But the Justice Department refused to act.

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

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

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

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

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

That Presidency has made the United States a polarized country.

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

It’s the polarization between: 

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

Since Trump became President, he has:

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

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COVID-19. 

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

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

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

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Donald Trump

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

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

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

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

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

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

CREATING A DICTATORSHIP: PART THREE (END)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on October 14, 2020 at 12:11 am

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

Case #4: The Justice Department did not invalidate the results of the 2016 election, despite overwhelming evidence that Russia intervened to elect Trump as Vladimir Putin’s chosen candidate. 

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

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

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

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

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Case #5: 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.     

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

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

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

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Donald Trump

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

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

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

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

  • “This has to be the first time that a major presidential candidate has actively encouraged a foreign power to conduct espionage against his political opponent,” Hillary for America policy adviser Jake Sullivan said in a statement. “That’s not hyperbole, those are just the facts. This has gone from being a matter of curiosity, and a matter of politics, to being a national security issue.”
  • “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.”
  • Brendon Buck, a spokesman for House Speaker Paul Ryan, said: “Russia is a global menace led by a devious thug. Putin should stay out of this election.”

Throughout 2016, the CIA, FBI and National Security Agency (NSA) found numerous ties between officials of the Trump Presidential campaign and Russian Intelligence agents. Among these were future Secretary of State Rex Tillerson, future National Security Adviser Michael Flynn  and future Attorney General Jeff Sessions.

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

On October 7, 2016, The Washington Post leaked a video of Donald Trump making sexually predatory comments about women. Among his admissions: That he had aggressively tried to bed a married woman, and “when you’re a star….you can do anything. Grab them by the pussy.”

The story rocked the Trump campaign—and threatened to upend it. Then it was eclipsed by an even bigger story.

Eleven days before the November 8 election, FBI Director James Comey announced that he was re-opening an investigation he had closed on Hillary Clinton’s emails on a private server while she was Secretary of State.

That announcement erased widespread outrage over Trump’s unintended admissions of predatory behavior toward women and reversed Clinton’s growing lead in the polls.

Yet the Bureau has never issued similar statements about the continuing reports of close ties between Donald Trump and Vladimir Putin, and Trump’s history of investments in Russia.

To their shame, no one from the Obama administration—including the President himself—has apologized for failing to take action against these abuses.

And, to their shame, the news media has failed to indict them for their criminal negligence.

CREATING A DICTATORSHIP: PART TWO (OF THREE)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on October 13, 2020 at 1:03 am

There were at least five instances when the Obama administration could have disqualified Donald Trump as a Presidential candidate—or secured his indictment. Yet it did neither.

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

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. 

Image result for Official White House photos of George W. Bush signing USA Patriot Act

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. 

Case #3 Making threats against anyone under protection by the U.S. Secret Service is a felony. Yet Donald Trump was never held legally accountable by the Justice Department.

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

Seal of the United States Department of Justice.svg

Case #4: The Justice Department did not invalidate the results of the 2016 election, despite overwhelming evidence that Russia intervened to elect Trump as Vladimir Putin’s chosen candidate. 

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

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

CREATING A DICTATERSHIP: PART ONE (OF THREE)

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

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

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

One such example was the rise of Adolf Hitler as Germany’s Fuhrer.

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.” 

But that didn’t happen.

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Tried for and convicted of treason, he was sentenced to five years’ imprisonment.

At 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.

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. Disdaining armed force, he would win office by election—or intrigue. 

On January 30, 1933, those intrigues bore fruit: Adolf Hitler was appointed Chancellor of Germany.

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

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

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Donald Trump

Case #1:  The Obama Justice Department did not indict Trump and/or the Attorney Generals of Texas and/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 $25,000 check for her re-election campaign. The money came from the Donald J. Trump Foundation.
  • Republican Texas Attorney General Ken Paxton moved to muzzle a former state regulator who says he was ordered in 2010 to drop a fraud investigation into Trump University for political reasons.
  • Paxton’s office issued a cease and desist letter to former Deputy Chief of Consumer Protection John Owens after he made public copies of a 14-page internal summary of the state’s case against Donald Trump for scamming millions from students of his now-defunct real estate seminar.
  • After the Texas case was dropped, Trump cut a $35,000 check to the gubernatorial campaign of then-attorney general and now Texas Governor Greg Abbott.

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

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

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 the series of threats that he made—directly and indirectly—against Republicans and Democrats throughout the 2016 campaign. 

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

  • 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.”
  • 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.”

CORPORATE DATA BREACHES? BLAME CEOs: PART TWO (END)

In Bureaucracy, Business, History, Law, Law Enforcement, Politics, Social commentary on August 2, 2019 at 12:43 am

On July 15, 2015, Ashley Madison joined the list of companies that failed to safeguard their customers’ most sensitive information—such as their credit card numbers, addresses, emails and phone numbers.

And Ashley Madison had more reason than most to do this—as the notorious website for cheating wives and husbands.

After all, its database is a blackmailer’s dream-come-true. Yet apparently its owners didn’t care enough about the privacy of their customers to provide adequate security.

Like so many other companies hit by hackers, Ashley Madison sought to reassure its dangerously compromised customers:

“At this time, we have been able to secure our sites, and close the unauthorized access points. We are working with law enforcement agencies, which are investigating this criminal act.”

This statement gave new meaning to the phrase, “Closing the barn door after the cow has gotten out.”

Avid Life Media assured its customers that it had hired “one of the world’s top IT security teams” to work on the breach.

Adultery-dating website Ashley Madison hacked

So why wasn’t this “top IT security team” hired at the outset?

On August 18, 2015, the hackers began releasing their pirated information. 

Ashley Madison’s customers chose to put their private information on its computer system.

Those of Equifax, didn’t. Equifax collected this from credit card companies.

From Mid-May through July, 2017, Equifax was hacked. The breach was discovered on July 29. 

But the company didn’t announce it until September 7, 2017.

As a result, the private data of nearly 150 million people was compromised.

On July 22, 2019, the Federal Trade Commission (FTC) announced that Equifax, one of the nation’s largest credit-reporting companies, would pay up to $700 million to settle with the FTC and consumers.

If approved by the federal district court Northern District of Georgia, the settlement will provide up to $425 million in monetary relief to consumers and a $100 million civil money penalty.

According to Karl A. Racine, attorney general for Washington, D.C., it’s the largest settlement ever for a data breach. 

“Equifax failed to protect consumers’ information and failed to enact reasonable security measures under California’s data security laws,” California Attorney General Xavier Becerra said in a news conference.

“That left very important personal information exposed and allowed hackers to steal consumers’ names, Social Security numbers, their birth dates, their addresses and in some instances their driver’s license number and even credit related information.”

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And for those who believe the private sector is inherently more efficient than the public one: On the week that Equifax agreed to pay $700 million for its massive 2017 data breach, Richard Smith, its disgraced former CEO, got some wonderful news: 

  • He was slated to receive as much as $19.6 million in stock bonuses since leaving the company.
  • That’s roughly 1,000 times the $20,000 maximum payout that any financially damaged consumer can collect from Equifax.
  • In addition, Equifax agreed to cover Smith’s medical bills for life, a benefit the company estimates is worth another $103,500.
  • Equifax decided he deserved a $24 million pension.
  • Smith got $50,000 in tax and financial planning services.
  • His stock bonuses cover a period that includes the former executive’s performance in 2017. 

When CBS News contacted Equifax on this development, the company refused to comment. Neither could Smith be reached.

There is a reason why these security breaches keep happening.

An October 22, 2014 “commentary” published in Forbes magazine raised the highly disturbing question: “Cybersecurity: Does Corporate America Really Care?”

And the answer is clearly: No.

Its author was John Hering, co-founder and executive director of Lookout, which bills itself as “the world leader in mobile security for consumers and enterprises alike.”

Click here: Cybersecurity: Does corporate America really care?

“One thing is clear,” wrote Hering. “CEOs need to put security on their strategic agendas alongside revenue growth and other issues given priority in boardrooms.”

Hering warned that “CEOs don’t seem to be making security a priority.” And he offered several reasons for this:

  • The sheer number of data compromises.
  • Relatively little consumer outcry.
  • Almost no impact on the companies’ standing on Wall Street.
  • Executives may consider such breaches part of the cost of doing business.

“There’s a short-term mindset and denial of convenience in board rooms,” wrote Hering.

“Top executives don’t realize their systems are vulnerable and don’t understand the risks. Sales figures and new products are top of mind; shoring up IT systems aren’t.”

There are three ways corporations can be forced to start behaving responsibly on this issue.

  1. Smart attorneys need to start filing class-action lawsuits against companies that refuse to take steps to protect their customers’ private information. There is a name for such behavior: Criminal negligence. And there are laws carrying serious penalties for it.
  2. There must be Federal legislation to ensure that multi-million-dollar fines are levied against such companies—and especially their CEOs—when such data breaches occur.
  3. The Justice Department should vigorously prosecute CEOs whose companies’ criminal negligence leads to such massive data breaches. They should be considered as accessories to crime, and, if convicted, sentenced to lengthy prison terms.

Only then will the CEO mindset of “We don’t care, we don’t have to” be replaced with: “We care, because we’ll lose our money and/or freedom if we don’t.”

CORPORATE DATA BREACHES? BLAME CEOs: PART ONE (OF TWO)

In Bureaucracy, Business, History, Law, Law Enforcement, Politics, Social commentary on August 1, 2019 at 12:08 am

Comedian Lily Tomlin rose to fame on the 1960s comedy hit, Rowan & Martin’s Laugh-In, as Ernestine, the rude, sarcastic switchboard operator for Ma Bell.

She would tap into customers’ calls, interrupt them, make snide remarks about their personal lives. And her victims included celebrities as much as run-of-the-mill customers.

Lily Tomlin as Ernestine

She introduced herself as working for “the phone company, serving everyone from presidents and kings to the scum of the earth.”

But perhaps the line for which her character is best remembered was: “We don’t care. We don’t have to. We’re the phone company.”

Watching Ernestine on Laugh-In was a blast for millions of TV viewers. But facing such corporate arrogance in real-life is no laughing matter.

Clearly, too many companies take the same attitude as Ernestine: “We don’t care. We don’t have to.”

This is especially true for companies that are supposed to safeguard their customers’ most sensitive information—such as their credit card numbers, addresses, emails and phone numbers.

Among those companies hacked:

  • Kmart
  • Staples
  • Dairy Queen
  • Target
  • Sony Pictures 
  • Primera Blue Cross
  • Home Depot
  • JPMorgan/Chase

In 2015, they were joined by health insurance giant Anthem Inc. The company announced that hackers had breached its computer system and accessed the medical records of tens of millions of its customers and employees.

Anthem, the nation’s second-largest health insurer, said the infiltrated database held records on up to 80 million people.

Among the customers’ information accessed:

  • Names
  • Birthdates
  • Social Security numbers
  • Member ID numbers
  • Addresses
  • Phone numbers
  • Email addresses 
  • Employment information

Some of the customer data may have included details on their income.

Click here: Anthem hack exposes data on 80 million; experts warn of identity theft – LA Times

Bad as that news was, worse was to come.

A February 5, 2015 story by the Wall Street Journal revealed that Anthem stored the Social Security numbers of 80 million customers without encrypting them.

The company believed that hackers used a stolen employee password to access the database

Anthem’s alleged reason for refusing to encrypt such sensitive data: Doing so would have made it harder for the company’s employees to track health care trends or share data with state and Federal health providers.

Anthem spokeswoman Kristin Binns blamed the data breach on employers and government agencies who “require us to maintain a member’s Social Security number in our systems so that their systems can uniquely identify their members.”

She said that Anthem encrypted personal data when it moves in or out of its database–-but not where it is stored.

This is a commonplace practice in the healthcare industry.

The FBI launched an investigation into the hack.

According to an anonymous source, the hackers used malware that has been used almost exclusively by Chinese cyberspies.

Naturally, China denied any wrongdoing.

Chinese Foreign Ministry spokesman Hong Lei said: “We maintain a cooperative, open and secure cyberspace, and we hope that countries around the world will make concerted efforts to that end.”

He also said that the charge that the hackers were Chinese was “groundless.”  

On July 15, 2015, Ashley Madison—the notorious website for cheating wives and husbands—joined this list.

Launched in 2001, its catchy slogan is: “Life is short.  Have an affair.”

One of its ads featured a photo of a woman apparently kneeling at the feet of a bare-chested man, her hand passionately clawing at his belt. Next to her was the caption: “Join FREE & change your life today. Guaranteed!”

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Millions of its clients suddenly found their lives changed in ways they never imagined—for the worse.

Ashley Madison claimed to have more than 37 million members.  

Its hackers were enraged at the company’s refusal to fully delete users’ profiles unless it received a $19 fee.

Referring to themselves as “The Impact Team,” they stated in an online manifesto: “Full Delete netted [Avid Life Media, the parent company of Ashley Madison] $1.7 million in revenue in 2014. It’s also a complete lie.

“Users almost always pay with credit card; their purchase details are not removed as promised, and include real names and address, which is of course the most important information the users want removed.”

On July 20, 2015, Avid Life Media defended the service, and promised to make it free.

The hackers demanded: “AM [Ashley Madison] AND EM [Established Men] MUST SHUT DOWN IMMEDIATELY PERMANENTLY.

“We have taken over all systems in your entire office and production domains, all customer information databases, source code repositories, financial records, emails.

“Shutting down AM and EM will cost you, but non-compliance will cost you more.”

The hackers threatened to “release all customer records, including profiles with all the customers’ secret sexual fantasies and matching credit card transactions, real names and addresses, and employee documents and emails.”

Avid Life Media assured its customers that it had hired “one of the world’s top IT security teams” to work on the breach:

“At this time, we have been able to secure our sites, and close the unauthorized access points. We are working with law enforcement agencies, which are investigating this criminal act.”

So why didn’t the company hire “one of the world’s top IT security teams” before the hack?

OBAMA AND THE FBI: CREATING PRESIDENT TRUMP–PART THREE (END)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on July 10, 2019 at 12:08 am

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

Case #4: The Justice Department did not invalidate the results of the 2016 election, despite overwhelming evidence that Russia intervened to elect Trump as Vladimir Putin’s chosen candidate. 

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

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

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

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

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Case #5: 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.     

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

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

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

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Donald Trump

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

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

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

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

  • “This has to be the first time that a major presidential candidate has actively encouraged a foreign power to conduct espionage against his political opponent,” Hillary for America policy adviser Jake Sullivan said in a statement. “That’s not hyperbole, those are just the facts. This has gone from being a matter of curiosity, and a matter of politics, to being a national security issue.”
  • “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.”
  • Brendon Buck, a spokesman for House Speaker Paul Ryan, said: “Russia is a global menace led by a devious thug. Putin should stay out of this election.”

Throughout 2016, the CIA, FBI and National Security Agency (NSA) found numerous ties between officials of the Trump Presidential campaign and Russian Intelligence agents. Among these were future Secretary of State Rex Tillerson, future National Security Adviser Michael Flynn  and future Attorney General Jeff Sessions.

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

On October 7, 2016, The Washington Post leaked a video of Donald Trump making sexually predatory comments about women. Among his admissions: That he had aggressively tried to bed a married woman, and “when you’re a star….you can do anything. Grab them by the pussy.”

The story rocked the Trump campaign—and threatened to upend it. Then it was eclipsed by an even bigger story.

Eleven days before the November 8 election, FBI Director James Comey announced that he was re-opening an investigation he had closed on Hillary Clinton’s emails on a private server while she was Secretary of State.

That announcement erased widespread outrage over Trump’s unintended admissions of predatory behavior toward women and reversed Clinton’s growing lead in the polls.

Yet the Bureau has never issued similar statements about the continuing reports of close ties between Donald Trump and Vladimir Putin, and Trump’s history of investments in Russia.

To their shame, no one from the Obama administration—including the President himself—has apologized for failing to take action against these abuses.

And, to their shame, the news media has failed to indict them for their criminal negligence.

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