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AN OPEN LETTER TO ATTORNEY GENERAL MERRICK GARLAND: PART ONE (OF TWO)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on September 28, 2021 at 12:10 am

TO: Merrick Brian Garland – United States Attorney General

I hold the highest regard for your personal integrity. After graduating from Harvard Law School, you served as a special assistant to Attorney General Benjamin Civviletti from 1979 to 1981. 

As a federal prosecutor, you played a leading role in the investigation and prosecution of the Oklahoma City bombers.

You served as judge of the United States Court of Appeals for the District of Columbia Circuit (1997 – 2021) and then as Chief Judge of the United States Court of Appeals for the District of Columbia Circuit (2013 – 2020).

In 2016, President Barack Obama nominated you to serve as an associate Justice of the Supreme Court to fill the vacancy created by the death of Antonin Scalia. But Republican Senate Majority Leader Mitch McConnell refused to hold a hearing or vote on your nomination. 

Attorney General Merrick Garland.jpg

Merrick Garland

Yet, with due regard for your years of dedicated service to the rule of law, I am forced to say: You are now presiding over the closing days of the American Republic.

As the bestselling book, Peril, makes clear, there was a detailed plan by Republicans to illegally retain President Donald Trump in office. The votes of 81 million Americans who had voted for former Vice President Joseph Biden would have been scrapped in what was intended to be a Right-wing coup.

According to authors Bob Woodward and Robert Costa, attorney John Eastman first proposed the plan to Vice President Mike Pence on January 4 in the Oval Office with Trump in attendance. The memo called for throwing out the election results in seven states under the false claim that those states had used alternate electors.

Eastman’s memo was sent to Senator Mile Lee (R-Utah) and former New York City Mayor Rudy Giuliani, who served as one of Trump’s attorneys at the time. They tried to convince Senator Lindsey Graham (R-S.C.) that there was rampant fraud in the 2020 election.

Both Graham and Lee reportedly argued that the fraud claims had no merit.

On January 6, the United States Senate, with Vice President Mike Pence presiding, would certify states’ Electoral College results of that election.

Since Biden had gotten 306 votes compared to 232 for Trump, the outcome was already known.

On that morning, Trump tried to convince Pence to reject the electoral votes that had been cast for Biden. This would mean flipping the results of the 2020 Presidential election to give him a win.

Pence replied that he lacked the power to overturn those results.

But as Pence went off to the Capitol Building housing the Senate and House of Representatives, Trump had one last card to play.

Mike Pence - Wikipedia

Mike Pence

For weeks Trump had ordered his legions of Right-wing Stormtrumpers to descend on Washington, D.C. by January 6. 

On December 20, he had tweeted: “Statistically impossible to have lost the 2020 Election. Big protest in DC on January 6th. Be there, will be wild!” 

In tweets, he promoted the rally again on December 27 and 30, and January 1.

On January 6, Trump appeared at the Ellipse, a 52-acre park south of the White House fence and north of Constitution Avenue and the National Mall in Washington, D.C.

A stage had been set up for him to address tens of thousands of his supporters, who eagerly awaited him.  

Trump ordered them to march on the Capitol building to express their anger at the voting process and to intimidate their elected officials to reject the results.Melania Trump 'disappointed' by Trump supporters' Capitol riot - ABC7 Chicago

“All of us here today do not want to see our election victory stolen by a bold and radical left Democrats which is what they are doing and stolen by the fake news media.

“Our country has had enough. We will not take it anymore, and that is what this is all about. And to use a favorite term that all of you people really came up with, we will stop the steal….

“Republicans are constantly fighting like a boxer with his hands tied behind his back….And we’re going to have to fight much harder….

“And after this, we’re going to walk down and I’ll be there with you. We’re going to walk down to the Capitol. And we’re going to cheer on our brave Senators and Congressmen and women and we’re probably not going to be cheering so much for some of them.

“Because you’ll never take back our country with weakness. You have to show strength and you have to be strong. We have come to demand that Congress do the right thing and only count the electors who have been lawfully slated.”

The Stormtrumpers marched to the United States Capitol—and quickly brushed aside Capitol Police.

File:2021 storming of the United States Capitol 2021 storming of the United States Capitol DSC09363-2 (50820534723).jpg - Wikimedia CommonsIndieWire on Twitter: "Pro-Trump Rioters Breach US Capitol Building in Unprecedented Attack on Rule of Law https://t.co/QA27RZTEWd… "

Stormtrumpers attacking the Capitol Building

Among their outrages:

  • Members of the mob attacked police with chemical agents and lead pipes.
  • A Capitol Hill police officer was knocked off his feet, dragged into the mob surging toward the building, and beaten with the pole of an American flag. 
  • One attacker was shot as protesters forced their way toward the House Chamber where members of Congress were sheltering in place.

ATTEMPTED COUPS–IN GERMANY AND AMERICA: PART TWO (END)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on August 4, 2021 at 12:07 am

On January 6, 2021, members of the United States Senate and House of Representatives met to count the Electoral Votes cast for then-President Donald Trump and former Vice President Joseph R. Biden.

Trump knew that Biden has received more Electoral College votes than he had—306 to 232. 

And he wanted that vote-count stopped—thus allowing him to remain in office as “President-for-Life.”

For weeks Trump had ordered his legions of Right-wing Stormtrumpers to descend on Washington, D.C. on January 6. 

On December 20, 2020, he had tweeted: “Statistically impossible to have lost the 2020 Election. Big protest in DC on January 6th. Be there, will be wild!” 

In tweets, he promoted the rally again on December 27 and 30, and January 1.

Thus, through his lies, he had aroused the fury of his Right-wing supporters.

It would take only his command to send it hurtling at his perceived enemies: Those who would dare elect Joe Biden in his place.

Melania Trump 'disappointed' by Trump supporters' Capitol riot - ABC7 Chicago

Donald Trump addresses his Stormtrumpers 

On January 6, Trump appeared at the Ellipse, a 52-acre park south of the White House fence and north of Constitution Avenue and the National Mall in Washington, D.C.

A stage had been set up for him to address tens of thousands of his supporters, who eagerly awaited him.  

Trump ordered them to march on the Capitol building to express their anger at the voting process and to intimidate their elected officials to reject the results: 

“And after this, we’re going to walk down and I’ll be there with you. We’re going to walk down to the Capitol. And we’re going to cheer on our brave Senators and Congressmen and women and we’re probably not going to be cheering so much for some of them.

Because you’ll never take back our country with weakness. You have to show strength and you have to be strong. We have come to demand that Congress do the right thing and only count the electors who have been lawfully slated.”

The Stormtrumpers marched to the United States Capitol—and quickly overwhelmed Capitol Police.

Tyler Merbler from USA, CC BY 2.0 <https://creativecommons.org/licenses/by/2.0&gt;, via Wikimedia Commons

  • Members of the mob attacked police with chemical agents or lead pipes. 
  • Many of the lawmakers’ office buildings were occupied  and  vandalized—including  that of House Speaker Nancy Pelosi, a favorite Right-wing target.
  • Shouts of “Hang Pence!” and “Hang Pelosi!” often rang out. 
  • According to CBS News, more than 150 officers were injured in the attack.
  • Several rioters carried plastic handcuffs, possibly intending to take hostages.
  • Others carried treasonous Confederate flags.  

After more than three hours, police—using riot gear, shields and batons—retook control of the Capitol. 

And Trump?  After giving his inflammatory speech, he didn’t march with his followers to the Capitol.

Like the draft-dodger he had been during the Vietnam war, he kept himself out of harm’s way and returned to the White House.

There he watched his handiwork on television—and initially rebuffed requests to mobilize the National Guard.

Six months later—by July 30—599 Stormtrumpers had been arrested and charged.

  • At least 27 defendants have pleaded guilty.
  • At least 22 have pleaded guilty to misdemeanors.
  • Six have pleaded guilty to felonies.
  • Three defendants have been sentenced: One drew a sentence of eight months for a felony. Two were sentenced for misdemeanor charges.
  • Another was sentenced to three years probation and no jail time.
  • Another was sentenced to six months imprisonment, but was credited for the time he had already spent in jail awaiting trial.

Yet no major Trump supporter has been arrested, let alone indicted.

  • NOT Trump’s attorney, Rudy Giuliani, who cried to the demonstrators, “Let’s have trial by combat!”
  • NOT Donald Trump, Jr., who, just hours before the Trump mob stormed Congress, threatened Republican lawmakers at a large rally outside the White House: “These guys better fight for Trump. Because if they’re not, guess what? I’m going to be in your backyard in a couple of months!”
  • NOT Rep, Mo Brooks (R-Ala.) who incited the Trump crowd with: “Today is the day American patriots start taking down names and kicking ass!”
  • And, above all, NOT Donald Trump. He not only incited his followers to attack the Capitol, he has spent the last six months spreading poisonous lies that the 2020 election was “stolen” from him through “massive” voter fraud. As a result, he continues to undermine the democratic process as he terrorizes the Republican party to stand behind him.

For attempting to overthrow the government of Bavaria in 1923, Adolf Hitler could have spent five years in prison. Instead, a sympathetic Right-leaning judge gave him only nine months.

Had he served out his full sentence, he might not have been able to revive his political career. But once he emerged from prison, he reorganized the Nazi party and began a series of campaigns for the presidency.

By January 30, 1933, he had become Chancellor of Germany. By August, 1934, he had become absolute dictator.

At the battle of the Alamo, 200 Texans killed 600 Mexican soldiers before being overwhelmed. During the Capitol battle, hundreds of police killed one Stormtrumper, thus sending the message: You can commit treason with impunity.

The Justice Department must soon indict, prosecute and—hopefully—convict Donald Trump—to both punish his treason and warn his potential imitators of treason’s penalties.

ATTEMPTED COUPS–IN GERMANY AND AMERICA: PART ONE (OF TWO)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on August 3, 2021 at 12:13 am

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

About 2,500-3,000 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. As a result, he emerged a national figure, popular in Right-wing circles.

At the end of the trial, he was convicted of treason and sentenced to nine months’ imprisonment—by a Right-wing judge hostile to the the newly-created Weimar Republic.

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.

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. 

In less than 10 years—on January 30, 1933—he had done so. By August 2, 1934, he had become absolute dictator of Germany.

Writes historian Volker Ullrich, in his monumental 2016 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 America’s own would-be Fuhrer: Donald Trump.

On December 18, 2019, the House of Representatives had approved two Articles of Impeachment against Trump for: 

Article 1: Abuse of Power: For pressuring Ukraine to assist him in his re-election campaign by smearing a potential rival for the White House. 

Article 2: Obstruction of Congress: For obstructing Congress by blocking testimony of subpoenaed witnesses and refusing to provide documents in response to House subpoenas in the impeachment inquiry. 

On September 9, 2019, the House Foreign Affairs, Intelligence and Oversight and Reform committees began investigating his attempted extortion of Ukraine President Volodymyr Zelensky.

On July 25, 2019, Trump had “asked” Zelensky to do him a “favor”: Find embarrassing “dirt” on former Vice President Joseph Biden and his son, Hunter.

Hunter had had business dealings in Ukraine. And Joseph Biden might be Trump’s Democratic opponent for the White House in 2020.

To underline the seriousness of his “request,” earlier in July Trump had told Mick Mulvaney, his White House chief of staff, to withhold $400 million in military aid that Congress had approved for Ukraine, which faced an increasingly aggressive Russia.

Joe Biden (48548455397) (rotated).jpg

Joseph Biden

Gage Skidmore from Peoria, AZ, United States of America / CC BY-SA (https://creativecommons.org/licenses/by-sa/2.0)

But then a CIA whistleblower filed a complaint about the extortion attempt—and the media and Congress soon learned of it. And ever since, the evidence linking Trump to impeachable offenses had mushroomed.

On January 16, 2020, the Government Accountability Office (GAO) announced that the Trump administration broke the law when it withheld security aid to Ukraine.

As trial proceedings unfolded in the 2020 impeachment of Trump, the majority Republican Senators consistently put their own partisan interests over those of their country.

Among their actions:

  • Refusing to hear from eyewitnesses who could prove that Trump had committed impeachable offenses,
  • Refusing to provide evidence on Trump’s behalf—but attacking witnesses who had testified against him in the House.
  • Attacking Joseph and Hunter Biden as if they were on trial—instead of having been the targets of Trump’s smear-attempt. 

As Lead Impeachment Manager, Representative Adam Schiff (D-CA) held the role of a prosecutor. 

Faced with the unwillingness of Trump’s Senatorial defenders to accept any evidence—no matter how damning—against him, Schiff warned: “Donald Trump must be convicted and removed from office. Because he will always choose his own personal interest over our national interest. Because in America, right matters. Truth matters. If not, no Constitution can protect us. If not, we are lost.”

Adam Schiff official portrait.jpg

Adam Schiff

On February 5, 2020, the Republican-dominated Senate—as expected—absolved him from trying to extort Ukraine into smearing a possible rival for the White House.  

Only one Republican—Utah Senator Mitt Romney—had the moral courage to vote for conviction.

On January 6, 2021, Schiff’s prophecy came true.

REPUBLICANS’ VERSION OF “CANCEL CULTURE”

In Bureaucracy, History, Law, Law Enforcement, Medical, Politics, Social commentary on May 25, 2021 at 12:12 am

Republicans have made “cancel culture” an accusation hurled at Democrats.

Democrats, for example, who want to strip the names of Confederate traitor-generals from many of America’s most famous military bases. Among those bases: 

  • Fort Benning (Georgia) – Named after Confederate General Henry L. Benning, who fought against the Union armies at the Second Battle of Bull Run, Antietam and Gettysburg.
  • Fort Lee (Virginia) – Named after Robert E. Lee, commander of the Army of Northern Virginia. 
  • Fort Bragg (North Carolina) – Named for Confederate General Braxton Bragg.

Republicans have also used “cancel culture” to denounce the ban imposed on former President Donald Trump by Facebook and Twitter.

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Donald Trump

Throughout his Presidency, Trump had used Facebook—and especially Twitter—to attack and slander literally hundreds of people. 

Trump’s reign of Twitter insults ended abruptly after he instigated an attack on the United States Capitol Building on January 6. 

Desperate to stay in office by any means, he roused his legions of Stormtrumper followers to halt the counting of Electoral College votes certain to give former Vice President Joe Biden victory in the 2020 Presidential election.

Stormtrumpers attacking the Capitol Building

This treasonous behavior finally led Twitter to impose a permanent ban on Trump’s future tweets. Facebook quickly followed with a temporary ban of unspecified length.

Republicans were outraged. For decades they had aggressively demanded that corporations be free of government regulation. Now they demanded that Internet-related companies be stripped of their independence. 

Their outrage reflected their support for what would have been the greatest “cancel crime” in American history: Trump’s unprecedented attempt to cancel the votes of 80 million Americans for Joe Biden and remain in office for at least another four years.

And on May 20, Republicans proved their willingness to cancel legislation to protect Asian-Americans from a recent rise in attacks on them.

These attacks can be attributed directly to Donald Trump. Desperate to divert attention from his own indifference to the rising death toll from Coronavirus, throughout 2020 he repeatedly blamed China for “The China virus” and “The China plague.”

In October, Trump tested positive for COVID-19.

Republicans quickly blamed China.

The blame lay with Trump, who had refused to mask up or socially distance from others, as his own Centers for Disease Control and Prevention (CDC) had recommended. 

But this didn’t stop Georgia Republican Senator Kelly Loeffler from tweeting: “China gave this virus to our President,” adding “WE MUST HOLD THEM ACCOUNTABLE.”

And Blair Brandt, a Trump campaign fundraiser, claimed that the “Chinese Communist Party has biologically attacked our President.” 

Trump’s slanderous rhetoric—and the tensions it produced between the United States and China—has resulted in numerous attacks on Asian-Americans. In 2020, crimes targeting Asian Americans rose by 149% over those reported in 2019.

Introduced by Rep. Grace Meng (D-N.Y.) and Sen. Mazie Hirono (D-Hawaii) the COVID-19 Hate Crimes Act will:

  • Expedite the review of hate crimes related to the pandemic;
  • Expand the reporting of hate crimes to local and state agencies;
  • Require the Justice Department to work with state and local agencies to address them.

In the United States Senate, Josh Hawley (R-MO) cast the only vote against the Act. 

“It’s too broad,” he said. “As a former prosecutor, my view is it’s dangerous to simply give the federal government open-ended authority to define a whole new class of federal hate crime incidents.”

In the House of Representatives 62 Republicans tried to cancel the legislation. 

Among these:

  • Ohio’s Jim Jordan, who said falsely: “This violence, by and large, is happening in Democrat-controlled cities, many of which, interestingly enough, have defunded their police departments.” 
  • Rep. Chip Roy (R-TX) said: “We can’t legislate away hate”—which was the same excuse Southern Republicans made to oppose the Civil Rights Act of 1964 and the Voting Rights Act of 1965.

On May 20, President Biden signed the Act into law.

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The following Republican House members joined Roy and Jordan in voting no: 

  • Matt Gaetz (Florida)
  • Lauren Boebert (Colorado)
  • Mo Brooks (Alabama)
  • Marjorie Taylor Greene (Georgia). 
  • Robert Aderholt (Alabama)
  • Rick Allen (Georgia)
  • Jodey Arrington (Texas)
  • Brian Babin (Texas)
  • Jim Banks (Indiana)
  • Andy Biggs (Arizona)
  • Dan Bishop (North Carolina
  • Ted Budd (North Carolina)
  • Tim Burchett (Tennessee)
  • Kat Cammack (Florida)
  • Jerry Carl (Alabama)
  • Madison Cawthorn (North Carolina)
  • Michael Cloud (Texas)
  • Andrew Clyde (Georgia
  • Tom Cole (Oklahoma)
  • Warren Davidson (Ohio)
  • Byron Donalds (Florida)
  • Jeff Duncan (South Carolina)
  • Virginia Foxx (North Carolina)
  • Louie Gohmert (Texas)
  • Bob Good (Virginia)
  • Lance Gooden (Texas)
  • Paul Gosar (Arizona)
  • Mark Green (Tennessee)
  • Michael Guest (Mississippi)
  • Andy Harris (Maryland)
  • Diana Harshbarger (Tennessee)
  • Kevin Hern (Oklahoma)
  • Yvette Herrell (New Mexico)
  • Jody Hice (Georgia)
  • Clay Higgins (Louisiana)
  • Ronny Jackson (Texas)
  • Mike Johnson (Louisiana)
  • Trent Kelly (Mississippi)
  • Doug LaMalfa (California)
  • Barry Loudermilk (Georgia)
  • Nancy Mace (South Carolina)
  • Tracey Mann (Kansas)
  • Thomas Massie (Kentucky)
  • Tom McClintock (California)
  • Mary Miller (Illinois)
  • Alexander Mooney (West Virginia)
  • Barry Moore (Alabama)
  • Ralph Norman (South Carolina)
  • Steven Palazzo (Mississippi)
  • Gary Palmer (Alabama)
  • Scott Perry (Pennsylvania)
  • August Pfluger (Texas)
  • Tom Rice (South Carolina)
  • John Rose (Tennessee)
  • Matthew Rosendale (Montana)
  • David Rouzer (North Carolina)
  • John Rutherford (Florida)
  • W. Gregory Steube (Florida)
  • Thomas Tiffany (Wisconsin)
  • Randy Weber (Texas) 

Nearly one-third of the House Republican caucus voted against the measure, which was supported by Minority Leader Kevin McCarthy, Minority Whip Steve Scalise and newly appointed GOP leader Elise Stefanik.