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Posts Tagged ‘USA PATRIOT ACT’

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.

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

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on July 9, 2019 at 12:06 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. 

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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. 

OBMAMA AND THE FBI: CREATING PRESIDENT TRUMP–PART ONE (OF THREE)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on July 8, 2019 at 12:03 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.”

THE COSTS OF TIMIDITY: PART TWO (END)

In Bureaucracy, History, Law, Law Enforcement, Military, Politics, Social commentary on June 30, 2017 at 12:03 am

During the summer of 2011, Republicans threatened to destroy the Nation’s credit rating unless Democrats agreed to massively cut social programs for the elderly, poor and disabled.

President Barack Obama could have countered this extortion through the Racketeer Influenced Corrupt Organization (RICO) Act.

RICO opens with a series of definitions of “racketeering activity” which can be prosecuted by Justice Department attorneys. Among those crimes: Extortion.

Extortion is defined as “a criminal offense which occurs when a person unlawfully obtains either money, property or services from a person(s), entity, or institution, through coercion.” 

The RICO Act defines “a pattern of racketeering activity” as “at least two acts of racketeering activity, one of which occurred after the effective date of this chapter and the last of which occurred within ten years…after the commission of a prior act of racketeering activity.” 

And if President Obama had believed that RICO was not sufficient to counter Republicans’ extortion attempts, he could have relied on the USA Patriot Act of 2001, passed in the wake of 9’11. 

In Section 802, the Act defines domestic terrorism. Among the behavior so defined: “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.” 

U.S. Department of Justice

The remedies for punishing such criminal behavior were now legally in place. President Obama needed only to direct the Justice Department to apply them.

Criminally investigating and possibly indicting members of Congress would not violate the separation-of-powers principle.  Congressmen have in the past been investigated, indicted and convicted for various criminal offenses. 

The indictment of large numbers of Republican extortionists would have substantially changed the course of American history while Obama held office.

Instead of raising huge sums of money for re-election battles, those Representatives and Senators would have been forced to raise monies for their legal defense. And while some might have been convicted, others almost certainly would have been.

This would have substantially depleted the ranks of Obama’s sworn enemies—and given him far greater opportunities to enact his legislative agenda.

Such indictments and prosecutions—and especially convictions—would have served notice on current and future members of Congress: The lives and fortunes of American citizens may not be held hostage to gain leverage in a political settlement.

A Cuban Missile Crisis Speech

But Obama could have stood up to Republican extortionists in another way: By urging his fellow Americans to rally to him in a moment of supreme national danger.

President John F. Kennedy did just that—successfully—during the most dangerous crisis of his administration. Addressing the Nation on October 22, 1962, Kennedy shocked his fellow citizens by revealing that the Soviet Union had installed offensive nuclear missiles in Cuba.

John F. Kennedy

Kennedy outlined a series of steps he had taken to end the crisis—most notably, a blockade of Cuba. 

Then he sought to reassure and inspire his audience: “The cost of freedom is always high, but Americans have always paid it. And one path we shall never choose, and that is the path of surrender or submission.”

President Obama could have sent that same message to the extortionists of the Republican Party—by explaining to the American people: 

  • Republicans have adopted the same my-way-or-else “negotiating” stance as Adolf Hitler.
  • Like the Nazis, they are determined to gain absolute power—or destroy the Nation they claim to love.
  • They raised the debt ceiling seven times during the eight-year Presidency of George W. Bush.
  • But now that a Democrat holds the White House, raising the debt ceiling is unacceptable.
  • Despite Republican lies, we cannot revitalize the economy by slashing taxes on the wealthy and on cash-hoarding corporations while cutting benefits for millions of average Americans.
  • We will need both tax increases and sensible entitlement cuts to regain our economic strength.

And he could have ended his speech with a direct call to action by the American people:

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President Barack Obama addressing the Nation

We stand on the edge of economic disaster. Therefore, I am asking each of you to stand up for America tonight–by demanding the recall of the entire membership of the Republican Party.

“This is the moment when each of us must decide—whether we will survive as a Republic, or allow ruthless political fanatics to destroy what has lasted and thrived for more than 200 years.”

Instead, Obama caved in to Republican extortion demands.

In September, 1939, British Prime Minister Neville Chamberlain and French Prime Minister Edouard Daladier sold out their ally, Czechoslovakia, to Adolf Hitler at the infamous Munich Conference. 

As Winston Churchill aptly predicted: “Britain and France had to choose between war and dishonor. They chose dishonor. They will have war.”

To paraphrase Churchill: President Obama had to choose between confrontation and timidity. He chose timidity. He got contempt and obstruction in return. 

Five years later, the FBI, CIA and National Security Agency informed Obama that Russian Intelligence agents were actively working to ensure Donald Trump’s election as President. 

Obama did not publicly release this information–nor indict Trump campaign staffers who were colluding with those agents. 

Thus, Trump won the election–and gained the power to destroy Obama’s Presidential legacy.

THE COSTS OF TIMIDITY: PART ONE (OF TWO)

In Bureaucracy, History, Law, Law Enforcement, Military, Politics, Social commentary on June 29, 2017 at 11:40 am

“[Barack] Obama needs to find his voice now in ways that, during his time in the Oval Office, he was too often reluctant to do, perhaps fearing the immense power of the bully pulpit.

“But now there is a real bully in the pulpit, and Obama–like the rest of us–has no choice but to speak, and to act.” 

So writes noted author and poet Jay Parini in an Op-Ed piece for CNN. 

“[President Donald] Trump has, in fact, gone out of his way to attack Obama, as in his recent nonsensical reversal wherein he attacked Obama for his lack of response to Russian meddling in the 2016 election: ‘Obama did NOTHING,’ Trump tweeted. He went on to accuse Obama of colluding with the Russians!” 

Parini believes that Obama should have warned the American public that Russia was trying to sway the 2016 election for Trump: “There can be no sound reason for not alerting the people of this country to a major attack on their most cherished right, the right to vote.” 

But Obama didn’t issue any such warning. The findings of the FBI, CIA and National Security Agency were kept strictly confidential until after Trump won the campaign.

Parini also believes that Obama should now forcefully respond to Trump’s attacks on him and his signature legislative achievement: The Affordable Care Act, also known as “Obamacare.”

But Obama has long refused to respond forcefully to Republican attacks. As a result, Republicans now dominate both houses of Congress–and the White House.

During the summer of 2011, Republicans threatened to destroy the Nation’s credit rating unless their budgetary demands were met. They refused to raise the debt ceiling unless Democrats agreed to massively cut social programs for the elderly, poor and disabled.

Sign of the Mafia “Black Hand”

If Congress failed to raise the borrowing limit of the federal government by August 2, the date when the U.S. reached the limit of its borrowing abilities, it would have begun defaulting on its loans.

As Warren Buffett, CEO of Berkshire Hathaway, explained the looming economic catastrophe: “If you don’t send out Social Security checks, I would hate to think about the credit meeting at S&P and Moody’s the next morning.

“If you’re not paying millions and millions and millions of people that range in age from 65 on up, money you promised them, you’re not a AAA,” said Buffett.

A triple-A credit rating is the highest possible rating that can be received.

President Obama offered to make historic cuts in the federal government and the social safety net–on which millions of Americans depend for their most basic needs.

But House Speaker John Boehner rejected that offer. He would not agree to the tax increases that Democrats wanted to impose on the wealthiest 1% as part of the bargain.

John Boehner

To raise taxes on the wealthy, Republicans insisted, would be a “jobs-killer.” It would “discourage” corporate CEOs from creating tens of thousands of jobs they allegedly “wanted” to create.

As the calendar moved ever closer to the fateful date of August 2, Republican leaders continued to insist: Any deal that includes taxes “can’t pass the House.”

One senior Republican said talks would go right up to—and maybe beyond—the brink of default.

“I think we’ll be here in August,” said Republican Representative Pete Sessions, of Texas. “We are not going to leave town until a proper deal gets done.”

President Obama had previously insisted on extending the debt ceiling through 2012. But in mid-July, he simply asked congressional leaders to review three options with their members:

  1. The “Grand Bargain” choice—favored by Obama–would cut deficits by about $4 trillion, including spending cuts and new tax revenues.
  2. A medium-range plan would aim to reduce the deficit by about $2 trillion.
  3. The smallest option would cut between $1 trillion and $1.5 trillion, without increased tax revenues or any medicare and Medicaid cuts.

And the Republican response?  

Said Rep. Darrell Issa, chairman of the Oversight and Government Reform Committee: “Quite frankly, [Republican] members of Congress are getting tired of what the president won’t do and what the president wants.” 

With the United States teetering on the brink of national bankruptcy, President Obama faced three choices:

  1. Counter Republican extortion attempts via RICO—the Racketeer Influenced Corrupt Organization Act.
  2. Make a “Cuban Missile Crisis”-style address to the American people, seeking to rally them against a criminal threat to the fiscal security of the Nation.
  3. Cave in to Republican demands. 

Unfortunately for Obama and the Nation, he chose Number Three.

Here is how he could have applied the other two options.

Racketeer Influenced Corrupt Organizations (RICO) Act

In 1970, Congress passed the Racketeer Influenced and Corrupt Organizations (RICO) Act, Title 18, United States Code, Sections 1961-1968.

Congress’ goal was to eliminate the stranglehold of organized crime on the nation’s economy. To put it bluntly, RICO was intended to destroy the Mafia.

But in United States v. Turkette, 452 U.S. 576 (1981), the Supreme Court held that RICO applied as well to legitimate enterprises being operated in a criminal manner.

After Turkette, RICO could also be used against corporations, political protest groups, labor unions and loosely knit-groups of people.

In short, the stage was set to hold even Congressional extortionists accountable.

EVIL TRIUMPHS WHEN GOOD MEN DO NOTHING: PART THREE (END)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on May 29, 2017 at 12:01 am

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

There were at least four instances where intervention by Federal law enforcement authorities could have utterly changed the outcome of the 2016 election.

Two of these dealt with purely domestic issues–the Trump University scandal and Trump’s repeated threats of violence against Republican and Democratic opponents.

The third and fourth ones dealt with events directly affecting the security of the United States.

It is unprecedented for an American Presidential candidate to repeatedly bestow fulsome praise on the leader of a foreign power hostile to the United States. And to receive equally fawning compliments in return from that leader.

Yet that is precisely what has happened between Donald Trump and Vladimir Putin.

Thus Putin on Trump: “He is a bright personality, a talented person, no doubt about it. It is not up to us to appraise his positive sides, it is up to the U.S. voters. but, as we can see, he is an absolute leader in the presidential race.”

Vladimir Putin

And Trump on Putin: “It is always a great honor to be so nicely complimented by a man so highly respected within his own country and beyond.  He’s running his country, and at least he’s a leader. Unlike what we have in this country”–a clear attack on President Barack Obama.

Donald Trump

Case #3: 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.

  • Admiral Michael Rogers, director of the National Security Agency (NSA) and US Cyber Command, said in mid-November 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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  • The Russians hacked the Democratic committee’s servers–but not those of the Republican National Committee.
  • On December 16, 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. Related image

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.”   

Case #4: 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. 

At a news conference in Doral, Florida, on July 27, 2016, Trump publicly exhorted “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.” 

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 some 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.”
  • Brendan 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.”
  • 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.”

FBI Director James Comey believed that Hillary Clinton’s emails on a private server were so dangerous to national security that he announced–11 days before the election–that he was re-opening an investigation he had closed.  

That announcement erased widespread outrage over Trump’s unintended admissions of predatory behavior toward women–“Grab them by the pussy”–and reversed Clinton’s growing lead in the polls.

Yet the Bureau did not issue any such statements about the continuing reports of close ties between Trump and Putin, and Trump’s possible investments in Russia.

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.

EVIL TRIUMPHS WHEN GOOD MEN DO NOTHING: PART TWO (OF THREE)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on May 26, 2017 at 12:36 am

Threatening his Republican and Democratic opponents with violence played a major role in Donald Trump’s campaign for President.

No other candidate–Republican or Democrat–had ever made such repeated and brutal use of threats of physical assault in pursuing the Presidency.

  • 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 August 9,  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.”
  • “Don’t treat this as a political misstep,” Senator Christopher S. Murphy of Connecticut, who has called for stiffer gun laws, wrote on Twitter. “It’s an assassination threat, seriously upping the possibility of a national tragedy & crisis.”
  • “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,” said Michael Hayden, former head of the CIA and National Security Agency (NSA).

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. 

Michael Hayden, CIA official portrait.jpg

Michael Hayden

Threats of this type continued to be made by Trump supporters right up to the day of the election.

  • On July 29, 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 Clinton 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,” Dan Bowman, a 50-year-old contractor, said of Hillary Clinton, the Democratic nominee. “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….I would do whatever I can for my country.”

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

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.

EVIL TRIUMPHS WHEN GOOD MEN DO NOTHING: PART ONE (OF THREE)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on May 25, 2017 at 12:06 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.

A second example: The ascent of Donald Trump to the Presidency 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 four instances where intervention by Federal law enforcement authorities could have utterly changed the outcome of the 2016 election. Yet, for reasons still unknown, they chose to do nothing.

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Donald Trump

Case #1: The 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 check $25,000 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.

One attorney general who refused to accept money from Trump was New York’s Eric Schneiderman. His decision to press fraud claims against Trump forced the real estate mogul to settle the case out of court for $25 million.

“Today’s $25 million settlement agreement is a stunning reversal by Donald Trump,” said Schneiderman on November 18, “and a major victory for the over 6,000 victims of his fraudulent university.”

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 his series of threats he made–directly or indirectly–against his Republican and Democratic opponents throughout the 2016 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.”
  • And Ohio governor and Republican presidential candidate John Kasich chinned in. “Leaders don’t imply violence,” Kasich told “Face the Nation” on March 20. “When he says that there could be riots, that’s inappropriate. I think you understand that, okay? Secondly, while we have our differences and disagreements, we’re Americans. Americans don’t say, ‘Let’s take to the streets and have violence.’”

ABORTING TRUMP’S CANDIDACY–WHAT MIGHT HAVE BEEN: PART THREE (END)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on March 8, 2017 at 12:06 am

President Donald Trump claims that, as a Presidential candidate, he was a victim of illegal wiretapping ordered by President Barack Obama.

In fact, even without wiretaps, there were at least four instances where Federal law enforcement authorities could have utterly changed the outcome of the 2016 election.

Two of these dealt with purely domestic issues–

  • The Trump University scandal; and
  • Trump’s repeated threats of violence against Republican and Democratic opponents.

The third and fourth ones dealt with issues directly affecting the security of the United States.

It is unprecedented for an American Presidential candidate to repeatedly bestow fulsome praise on the leader of a foreign power hostile to the United States. And to receive equally fawning compliments in return from that leader.

Yet that is precisely what has happened between Donald Trump and Vladimir Putin.

Thus Putin on Trump: “He is a bright personality, a talented person, no doubt about it. It is not up to us to appraise his positive sides, it is up to the U.S. voters. but, as we can see, he is an absolute leader in the presidential race.”

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Vladimir Putin

And Trump on Putin: “It is always a great honor to be so nicely complimented by a man so highly respected within his own country and beyond.  He’s running his country, and at least he’s a leader. Unlike what we have in this country”–a clear attack on President Barack Obama.

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Donald Trump

Case #3: 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.

  • Admiral Michael Rogers, director of the National Security Agency (NSA) and US Cyber Command, said in mid-November 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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  • The Russians hacked the Democratic committee’s servers–but not those of the Republican National Committee.
  • On December 16, 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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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.”   

Case #4: 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.     

At a news conference in Doral, Florida on July 27, 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.”

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.”
  • Brendan 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.”
  • Even 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.”

FBI Director James Comey believed that Hillary Clinton’s emails on a private server were so dangerous to national security that he announced–11 days before the election–that he was re-opening an investigation he had closed.  

That announcement erased widespread outrage over Trump’s unintended admissions of predatory behavior toward women–“Grab them by the pussy”–and reversed Clinton’s growing lead in the polls.

Yet the Bureau has not issued any such statements about the continuing reports of close ties between Trump and Putin, and Trump’s possible investments in Russia.

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.

ABORTING TRUMP’S CANDIDACY–WHAT MIGHT HAVE BEEN: PART TWO (OF THREE)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on March 7, 2017 at 12:35 am

Even without wiretaps, there were at least four instances when Federal law enforcement authorities could have disqualified Donald Trump as a Presidential candidate–or secured his indictment.

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

  • 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 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.”

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.

Seal of the United States Department of Justice.svg

Threats of violence continued to be made by Trump supporters right up to the day of the election.

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.

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