Monday, November 06, 2017

Urgent

But yesterday the word of Donold
Might have stood against the truth; now cuff'd he there;
And none so poor to beg his pardon.*

Urgent
 
     In real estate, it is location, location, location.  With this gang, it is indictments, indictments, indictments.
Emergency
 
     As you know, bail for Manafort has been set at $10 million.  So the hat is being passed to help, and the ladies in the office have been generous with their support.  As of now, there are three imaginary cents in the bank.  And so, an appeal is made to you to do whatever you can.  We only have $9,999,999.97 to go.  Thanks in advance.
 
Update

     There has been another major contribution!  And we are getting closer--only $9,999,999.96 to go.

Update
 
     Another generous contribution of a nickel, with a request of four cents change, means we only have $9,999,999.95 to go.
 
Alert
 
     "You need to stop."

     But, despite the hazards, the pursuit of justice continues.
 
Notice
 
     Feel free to pass the hat at work.  Surely, the ladies there will be as generous as the ones here.
 
Warning
 
     Some males have expressed fear of being "run out of town" by the women in their offices.  But do not be afraid.  They will probably be unable to resist an opportunity to support those who assist the gentleman from New York in his never-ending efforts for women.
 
     Doofus Don, what's those handcuffs you have on?
     Could it be related to crimes of days gone by?
     And did I hear you say, marshals ameeting you here today
     To take you to the dungeon 'neath Bear Claw?^
 
(c)2017 Marvin D. Jones.  All rights reserved.
 
 
*Apologies to William Shakespeare
 
http://www.justice.gov/file/1007271/download    [indictments, indictments, indictments]
 
 
 
 
https://youtu.be/Lcb-Fsx_phM    [bonus feature]
   

  

Tuesday, October 17, 2017

Patriot Games?

O'er the land of the free and the home of the brave?

 "PERFECTION is not attainable," said Vince Lombardi.  "But if we chase perfection, we can catch excellence."

      "Sweetheart, they are different from the other teams."

      My girlfriend was not American and was only watching because of me.  Yet she could tell.

      "This is hard enough--doing the offense-defense drill--when the defense is not on the field.  He is making it look like they are not even there."

      Joe Montana and the 49ers had a saying:  "We are playing against perfection."  The team was not perfect.  But they touched excellence.  And it was a sight to behold.

     Or the land of the screed and the home of the knave?

     Now a man who never served--and mocks those who do--wraps himself in the flag.  Now the man, who stood before the wall at CIA Headquarters, and talked about himself, and ignored the stars of fallen officers, pretends to be a patriot.  A coward who heard about courage condemns--or ignores--those who have it.*

     Those who kneel during the National Anthem are not rebels without a cause.  They are reminding the smug what it means to be an American.  After all, the country's birth certificate is a document of dissent.  It was written because a monarch had refused to listen.  Dramatic action was the only way to get his attention.  And now, when a faulty selection process and bad training make it possible for some "peace officers" to kill unarmed American citizens, one must petition the Government for a redress of grievances.

      It is easy to point out our shortcomings because we put our ideals down on paper.  And it is hard to get back up after falling, only to rise and fall again--repeatedly.  But at least we used to make an effort.

      And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes, and our sacred honor.

      The United States of America is not perfect.  The Preamble demands continuous striving "in order to form a more perfect Union" so that WE THE PEOPLE can catch excellence.

      The haughty in high position may learn a lesson--with the blessing of Washington, Knox, and Hamilton--about humility in a forgotten report.

      Therefore, it ought to be a permanent rule, that those who in youth decline or refuse to subject themselves to the course of military education, established by the laws, should be considered as unworthy of public trust or public honors, and be excluded therefrom accordingly.^

 (c)2017 Marvin D. Jones.  All rights reserved. 
 
 
*https://youtu.be/VRUWtag5EFk

http://www.msnbc.com/rachel-maddow/watch/trump-ducks-failure-to-address-green-beret-deaths-with-obama-lie-1074770499780

https://www.dailykos.com/stories/2017/10/15/1707053/-Trump-s-Bullying-Backfires-NFL-To-Take-Up-Protestor-s-Cause

^http://www.marvinjones.blogspot.com/2013/08/much-is-required.html

Thursday, September 07, 2017

The Schlesinger Moment*

Because the United States of America was once a backwater province of the British Empire, it must be remembered that, prior to the Declaration, the Colonies sought, in countless petitions, "the rights of Englishmen"; and therefore, even after independence, the work of a certain writer in the former mother country had significant influence on the other side of the pond.  William Blackstone's Commentaries on the Laws of England are cited and alluded to in The Federalist Papers, which are the commentaries on the Constitution.

I. Background

     On September 17, 1787, as Benjamin Franklin and James McHenry left on the final day of the Federal Convention, they were approached by Mrs. Powel of Philadelphia.

     "Well, Doctor, what have we got--a republic or a monarchy?"

     "A republic," Franklin replied, "if you can keep it."
 
II. Beginning
 
     WE THE PEOPLE of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

III. Tension

     A monarchy is one thing, a republic another.

   "...(T)he king of Great Britain is a perpetual and HEREDITARY prince.  The one would be amenable to personal punishment and disgrace; the person of the other is sacred and inviolable."  (The Federalist Papers, No. 69)

     Thus began Alexander Hamilton's comparison of the Chief Magistrate of the Union with the British monarch, and, as Blackstone shows, the contrast could not be more stark.

       ...(B)y law the person of the king is sacred, even though the measures pursued in his reign 
       be completely tyrannical and arbitrary....  For, as a king cannot misuse his power, without
       the advice of evil counsellors, and the assistance of wicked ministers, these men may be
       examined and punished.  The constitution has therefore provided, by means of indictments,
       and parliamentary impeachments, that no man shall dare to assist the crown in contradiction
       to the laws of the land.  But it is at the same time a maxim in those laws, that the king
       himself can do no wrong; since it would be a great weakness and absurdity in any system
       of positive law, to define any possible wrong, without any possible redress.  (Blackstone,   
       Volume I, 235 & 237; emphasis added)

     The person of one is "sacred and inviolable"; his ministers are held responsible; and there is more.

       BESIDES the attribute of sovereignty, the law also ascribes to the king, in his political
       capacity, absolute perfection.  The king can do wrong.  Which antient and fundamental
       maxim is not to be understood, as if every thing transacted by the government was of
       course just and lawful, but means only two things.  First, that whatever is exceptionable
       in the conduct of public affairs is not to be imputed to the king, nor is he answerable for
       it personally to his people: for this doctrine would totally destroy that constitutional
       independence of the crown, which is necessary for the balance of power, in our free
       and active, and therefore compounded, constitution.  And, secondly, it means that the
       prerogative of the crown extends not to do any injury: it is created for the benefit of
       the people, and therefore cannot be exerted to their prejudice.  (Blackstone, Volume I,
       238-239; emphasis added)

IV. Meaning
 
     "A republic, by which I mean a government in which the scheme of representation takes place...."  (The Federalist Papers, No. 10)  And then James Madison goes into more detail.

       ...(W)e may define a republic to be, or at least may bestow that name on, a government
       which derives all its powers directly or indirectly from the great body of the people, and
       is administered by persons holding their offices during pleasure, for a limited period, or
       during good behavior.  It is ESSENTIAL to such a government that it be derived from the
       great body of the society, not from an inconsiderable proportion, or a favored class of it;
       otherwise a handful of tyrannical nobles, exercising their oppressions by a delegation of
       their powers, might aspire to the rank of republicans, and claim for their government the
       honorable title of republic.  It is SUFFICIENT for such a government that the persons
       administering it be appointed, either directly or indirectly, by the people; and that they
       hold their appointments by either of the tenures just specified; otherwise every government
       in the United States, as well as every other popular government that has been or can be 
       well organized or well executed, would be degraded from the republican character.  
       (The Federalist Papers, No. 39; CAPITAL emphasis Madison's; italics added)


V. Executives
 
     Among other things, the Presidency was to be defined by these elements--"competent powers," "a due dependence on the people" and "a due responsibility."  (Alexander Hamilton, The Federalist Papers, No. 70)  All powers of the Chief Magistrate of the Union, who "would be an officer elected by the people for FOUR YEARS," are to be used for the benefit of the Republic.  (Alexander Hamilton, The Federalist Papers, No. 69)  The individual has no rights and privileges beyond those of any other citizen.  Executive privilege, for instance, pertains to the office.  The distinction between the individual and the institution is placed in sharp relief by the oath--"I do solemnly swear that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States"--for the only time "I" appears is in the oath to uphold the supreme law of the land; the "I" acts on behalf of the "WE."
 
     "The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors."  (Article II, Section 4)  The Chief and his Deputy and the Cabinet are responsible, for "in a republic...every magistrate ought to be personally responsible for his behavior in office."  (Alexander Hamilton, The Federalist Papers, No. 70; emphasis added)  That insures checks and balances or, in other words, "Ambition must be made to counteract ambition."  (James Madison, The Federalist Papers, No. 51)  In England, there is a different maxim "for the sake of the public peace."  (Alexander Hamilton, The Federalist Papers, No. 70)
 
     VI. Pardons
 
     The Framers carefully crafted power in respect to public service, not service to self.  That was a constant, which must be kept in mind as the focus turns to one of the competent powers.
 
     "The President...shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment."  (Article II, Section 2, Clause 1)
 
     Hamilton examines its use in the most dangerous situation.
 
       The expediency of vesting the power of pardoning in the President has, if I mistake not,
       been only contested in relation to the crime of treason.  This, it has been urged, ought to
       have depended upon the assent of one, or both, of the branches of the legislative body....
       And this ought the rather to be the case, as the supposition of the connivance of the
       Chief Magistrate ought not to be entirely excluded.  But there are also strong objections
       to such a plan.  It is not to be doubted, that s single man of prudence and good sense is
       better fitted, in delicate conjunctures, to balance the motives which may plead for and
       against the remission of the punishment, than any numerous body whatever.  It deserves
       particular attention, that treason will often be connected with seditions which embrace
       a large proportion of the community....  But the principal argument for reposing the
       power of pardoning in this case to the Chief Magistrate is this: in seasons of insurrection
       or rebellion, there are often critical moments, when a well-timed offer of pardon to the
       insurgents or rebels may restore the tranquillity of the commonwealth....
 
     And Hamilton provides perspective on the decisionmaking process.
 
     "Humanity and good policy conspire to dictate, that the benign prerogative of pardoning should be as little as possible fettered or embarrassed....  As the sense of responsibility is always strongest, in proportion as it is undivided, it may be inferred that a single man would be most ready to attend to the force of those motives which might plead for a mitigation of the rigor of the law, and least apt to yield to considerations which were calculated to shelter a fit object of its vengeance."  (The Federalist Papers, No. 74; emphasis added)
 
     The gentleman from New York was thoughtful on the subject of "the complete power to pardon"--thoughts full of his aides, his family, and himself.  Why should any of them be "subject to indictment, trial, judgment, and punishment according to law"?  (Article I, Section 3, Clause 7)
 
     If the king can do no wrong, he has no need to pardon himself.  But Blackstone takes pains to explain the precise meaning of a phrase otherwise easily misrepresented or misunderstood.
 
       AFTER what has been premised in this chapter, I shall not (I trust) be considered as an
       advocate for arbitrary power, when I lay it down as a principle, that in the exertion of
       lawful prerogative, the king is and ought to be absolute; that is, so far absolute, that
       there is no legal authority that can either delay or resist him....  For otherwise the
       power of the crown would indeed be but a name and a shadow, insufficient for the
       ends of government, if, where its jurisdiction is clearly established and allowed, any
       man or body of men were permitted to disobey it, in the ordinary course of law: I say,
       in the ordinary course of law; for I do not now speak of those extraordinary recourses
       to first principles, which are necessary when the contracts or society are in danger of
       dissolution, and the law proves too weak a defence against the violence of fraud or
       oppression.  And yet the want of attending to this obvious distinction has occasioned
       these doctrines, of absolute power in the prince and of national resistance by the people,
       to be much misunderstood and perverted by the advocates for slavery on the one hand,
       and the demagogues of faction on the other.  (Blackstone, Volume I, 243; emphasis
       added)
 
     If the President of the United States can pardon himself, his person is more "sacred and inviolable" than that of the king because the Supreme Court has said that "a pardon...carries an imputation of guilt; acceptance a confession of it."  (Burdick v. United States, 236 US 94)  Thus, such a deed would mean the President can do no wrong with impunity; and the words of Chief Justice John Marshall would be meaningless:  "The Government of the United States has been emphatically termed a government of laws, not of men."  (Marbury v. Madison, 5 US 163)  But by his dissent in Olmstead v. United States, Justice Brandeis paid a decent respect to the opinions of mankind with a message for all who take the oath seriously:  "Our Government is the potent, the omnipresent teacher.  For good or for ill, it teaches the whole people by its example.  Crime is contagious.  If the Government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy."  (277 US 485)
 
     There are consequences when the king acts in "an unconstitutional manner."  Are there to be none when the President does the same?
 
       IN the exertion therefore of those prerogatives, which the law has given him, the king is
       irresistible and absolute, according to the forms of the constitution.  And yet, if the
       consequence of that exertion be manifestly to the grievance or dishonor of the kingdom,
       the parliament will call his advisers to a just and severe account.  For prerogative
       consisting (as Mr. Locke has well defined it) in the discretionary power of acting for the
       public good, where the positive laws are silent, if that discretionary power be abused to
       the public detriment, such prerogative is exerted in an unconstitutional manner.  Thus
       the king may make a treaty with a foreign state, which shall irrevocably bind the nation;
       and yet, when such treaties have been judged pernicious, impeachments have pursued
       those ministers, by whose agency or advice they were concluded.  (Blackstone, Volume I,
       244; emphasis added)
 
     Note the conditions under which a king grants pardons.
 
       IN criminal proceedings, or prosecutions for offences, it would still be a higher absurdity,
       if the king personally sate in judgment; because in regard to these he appears in another
       capacity, that of prosecutor.  All offences are either against the king's peace, or his crown
       and dignity; and are so laid in every indictment.  For, though in their consequences they
       generally seem (except in the case of treason and a very few others) to be rather offences
       against the kingdom than the king; yet, as the public, which is an invisible body, has
       delegated all its power and rights, with regard to the execution of the laws, to one visible
       magistrate, all affronts to that power, and breaches of those rights, are immediately
       offences against him, to whom they are so delegated by the public.  He is therefore the
       proper person to prosecute for all public offences and breaches of the peace, being the
       person injured in the eye of the law....  And hence also arises another branch of the
       prerogative, that of pardoning offences; for it is reasonable that he only who is injured
       should have the power of forgiving.  (Blackstone, Volume I, 258-259)
 
     Here, offenses are against the United States.  In England, offenses are against the king and, as the injured party, he grants pardons.  But as no one who has caused an injury can demand and expect to receive an apology, so the President, who affronts the United States, cannot pardon himself, although he may indulge in personal forgiveness.
 
     "Responsibility is of two kinds--to censure and to punishment.  The first is the more important of the two, especially in an elective office.  Man, in public trust, will much oftener act in such a manner as to render him unworthy of being any longer trusted, than in such a manner as to make him obnoxious to legal punishment."  (Alexander Hamilton, The Federalist Papers, No. 70; emphasis added)
 
     At high noon on the twentieth of January, the gentleman from New York stood in opposition to the emoluments clause and the take care clause as well.  (Article I, Section 9, Clause 8 & Article II, Section 3)  From the moment His Excellency said, "So help me God" he was in violation of the Constitution.  The man who was supposed to "take care that the laws be faithfully executed" chose to execute "the supreme law of the land."  (Article II, Section 3 & Article VI, Clause 2)
 
     High crimes and misdemeanors "are those offenses which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust."  (Article II, Section 4 & Alexander Hamilton, The Federalist Papers, No. 65)  But the oath was dismissed with a wave of his hand.  After all, how can one "preserve, protect and defend" the very thing he upends?  ALL OF THOSE ARE IMPEACHABLE OFFENSES.  Therefore the gentleman from New York
is in contempt of the Constitution.  Thus, there are already major violations regardless of the Russian investigation.  How can one then use the supreme law of the land as a shield?
 
     "Under the fundamental rule that no one may be a judge in his own case, the President cannot pardon himself."  (Memorandum Opinion for the Deputy Attorney General, August 5, 1974; hereinafter, Pardon Memorandum)
 
     The phrase--a judge in his own cause--is not addressing a particular point, nor an actual position on the bench, but emphasizes a general principle.  The mist is lifted by the light of James Madison, Alexander Hamilton, and William Blackstone.  "No man is allowed to be a judge in his own cause, because his interest would certainly bias his judgment, and, not improbably, corrupt his integrity."  (The Federalist Papers, No. 10; emphasis added)  Madison is discussing faction.  "No man ought certainly to be a judge in his own cause, or in any cause in respect to which he has the least interest or bias."  (The Federalist Papers, No. 80; emphasis added)  Hamilton is referring to the judiciary.  Blackstone makes another distinction, in the context of war and peace, stating that letters of marque and reprisal are necessary "else every private sufferer would be a judge in his own cause."  (Blackstone, Volume I, 251; emphasis added)
 
     "A different approach to the pardoning problem could be taken under Section 3 of the Twenty-fifth Amendment.  If the President declared that he was temporarily unable to perform the duties of his office, the Vice President would become Acting President and as such he could pardon the President.  Thereafter the President could either resign or resume the duties of his office."  (Pardon Memorandum; emphasis added)
 
     What that describes is the side-step and glide.  And the one who leads, if thought of as a matador, is the reason people root for the bull.  What comes from that animal's behind helps crops grow.  But what comes from the lips of the would-be Manolete is worthless.  In retrospect, what we witnessed was the running of the mouths.  A glaring exception would have the principle give way--declared invalid and slayed.  The image is a sight to behold--a horror, because, as Hamilton observes, "it would generally be impolitic beforehand to take any step which might hold out the prospect of impunity."  (The Federalist Papers, No. 74)  The side-step and glide is not the style and stance of the classical matador.
 
     "...(N)o suit or action can be brought against the king, even in civil matters, because no court can have jurisdiction over him.  For all jurisdiction implies superiority of power: authority to try would be vain and idle, without an authority to redress; and the sentence of a court would be contemptible, unless that court had power to command the execution of it..."  (Blackstone, Volume I, 235)
 
     Unlike the king, suits can be brought against the President, Vice President, and the Cabinet while in office and definitely after.
 
     "Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States: but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment, and punishment according to law."  (Article I, Section 3, Clause 7)
 
     After citing the above, an interpretation is provided.
 
     "In our view, this clause does not require subsequent criminal proceedings; it merely provides that they would not constitute double jeopardy.  To read this clause as mandatory would, of course, preclude any kind of pardon."  (Pardon Memorandum; emphasis added)
 
     As Hamilton noted, men in power more often make themselves untrustworthy, which would be an impeachable but not a criminal offense.  Upon conviction, the ultimate remedy of impeachment is removal from office and disqualification; and for offenses that were not criminal, the individual would not be put twice in jeopardy of life or limb, having suffered only loss of position.  So, in the matter of trust, the clause does not come into play.  But as to criminal conduct, and because of historical evidence regarding the difference between a monarchy and a republic, the clause must be read to preclude any kind of pardon.
 
     Flagrant violations do not require proceedings to state what is in plain sight; and the gentleman from New York has been in violation of the emoluments clause, the take care clause, the oath, and, therefore, in contempt of the Constitution from the beginning.  To use a renowned scholar's phrase,  "the complete power to pardon," according to Article II, Section 2, Clause 1, applies "except in cases of impeachment."  Does that mean no pardons at all can be granted in the present circumstances, if the plain sight rule prevails?
 
     This question--Can a President pardon himself?--is worthy of a comedian.  But there is no punchline.  So why tolerate, and even elevate such an assertion to the level of consideration, and act as if a response is required?  The reason is that some take mere assertion and repetition seriously, almost as if they are magical and transmute the lead of lying into the gold of truth.  But the notion recently suggested in a tweet that the President can do no wrong, if not debunked and thoroughly rebutted would give rise to royalty.  And what could be more unconstitutional when the Fundamental Charter prohibits even the granting of titles of nobility?  (Article I, Section 9, Clause 8 & Section 10, Clause 1)
 
     At least Nixon did not say, "Well, when the President does it, that means it is not illegal" until after he left; and while in office, he refused to pardon his aides.  Again, the gentleman from New York makes him look good.
 
     Freedom of speech includes the right to listen.  The one is written, the other implied or, more accurately--inherent.  Because something is unstated or unseen is not to deny its existence.  Astronomers often find new planets and moons by fluctuations in starlight or perturbations in orbits.  In much the same way, historians determine the truth by studying the totality of an environment and its inhabitants.  Their fluctuations and perturbations are character and conditions that reveal patterns which help to determine what happened and why.
 
     American history is not a celebration of monarchy, nor an endorsement of despotism.  From the Declaration to Franklin's remarks after the Convention, and from The Federalist Papers to the Preamble, "the manifest tenor of the Constitution" cannot be misunderstood.  (Alexander Hamilton, The Federalist Papers, No. 78)  Arguments from authority carry no weight.  The Framers saw them as "chimerical."  And those we hear now are nothing but the insolence of orifice.
 
     "I believe no principle is more clearly laid down in the Constitution than that of responsibility," said James Madison on the floor of the first House of Representatives.  (Speech, June 16, 1787)  He spoke of the misuse of the removal power, and how its abuse by a President was an impeachable offense.  The same standard applies to all of the "competent powers."  So no precedent is necessary to reject the preposterous.
 
     Among the objections to King George III were these:
 
          He has obstructed the administration of justice by refusing to ascent to laws for
       establishing judiciary powers. 
          He has made Judges dependent on his will alone for the tenure of their offices, and the
       amount and payment of their salaries.
 
     The modus operandi of the King and the gentleman from New York may vary, but they are on the same tracks of "a long train of abuses and usurpations, pursuing invariably the same object...absolute despotism."  A different time, the same destination, and the same engineer with a different mask.
 
       A prince whose character is thus marked by every act that may define a tyrant is unfit to be
       the ruler of a free people.
 
     Some Anti-Federalists feared the Presidency was "the fetus of monarchy" which would grow into crown and royal robes.  But that can only come to pass if the power to grant reprieves and pardons is made synonymous with a get out of jail free card in Monopoly.
 
VII. Done
 
     The incongruity between a monarchy and a republic cannot be ignored.  For the one, there is no separation between the person and the position.  For the other, there is a distinction between the individual and the institution.  Here, the Chief Executive is not "a perpetual magistrate" whose removal and prosecution is to be avoided "for the sake of the public peace."  (Alexander Hamilton, The Federalist Papers, No. 70)  Instead, they are to be sought "in order to form a more perfect Union."
 
     President Jefferson did not deliver the State of the Union Address in person, although Washington and Adams had done so.  He thought that was "too kingly for the new republic."  Thus, once upon a time a President of the United States was circumspect in performing an undisputed constitutional duty.  How times have changed!
 
     FDR spoke of a "rendezvous with destiny."  But the Fake Deluded Resident has given us a rendezvous with the ridiculous.  Of course, Roosevelt knew he was President of the Republic, not King of the Realm.
 
     A monarchy is one thing, a republic another.  Nepotism is a feature of the former, merit the latter.  But even in a monarchy a man must stand for something, and yet in the American Republic we have gone from a man for all seasons to a man for all flimflams.  The gentleman from New York is, apparently, unaware that the age of whim is over, and, evidently, he has not heard that a king in the modern Western world is under a constitutional monarchy.  And finally, a republic exists to benefit the many, not favor the few.  Thus, the Preamble lays out markers by which WE THE PEOPLE measure progress toward a desired end--to "promote the general welfare, and secure the blessings of liberty to ourselves and our posterity."
 
     In the First Treatise, John Locke cuts Sir Robert Filmer to pieces over divine right of kings.  The only comparable undressing was a result of the swordfight between Zorro and Sgt. Garcia.  But unlike the good sergeant, who was humbled in that legendary engagement, the gentleman from New York is between a dunce cap and a dungeon.
 
(c)2017 Marvin D. Jones.  All rights reserved.
 
 
1)  http://www.historycommons.org/context.jsp?item=a082274mediacoup&scale=0#a82274mediacoup

http://www.thedailybeast.com/the-most-patriotic-act-of-treason-in-american-history

*[The Schlesinger Moment arrives when one realizes that the oath transcends loyalty to any individual, institution, party, or policy and then acts accordingly.]

2)  https://blogs.loc.gov/teachers/2016/09/a-republic-if-you-can-keep-it/    [Franklin, McHenry, and Mrs. Powel]

3)  https://www.usatoday.com/story/news/politics/2017/07/22/2-hour-tweetstorm-trump-claims-presidents-complete-power-pardon/501887001/    [The gentleman from New York as rex]

4)  http://www.msnbc.com/am-joy/watch/expert-calls-trump-emolument-magnet-824419395632
[emoluments clause]

https://www.theatlantic.com/politics/archive/2017/01/trumps-ethics-train-wreck/513446/
 

5)  https://assets.documentcloud.org/documents/3892603/Op-Olc-Supp-v001-p0370-0.pdf     [Pardon Memorandum]

http://www.msnbc.com/the-last-word/watch/trump-w-h-pressed-on-pardon-philosophy-amid-russia-probe-10320835235188   

6)  https://www.theguardian.com/theguardian/2007/sep/07/greatinterviews1    [Nixon's good qualities]

http://jfk.hood.edu/Collection/Weisberg%20Subject%20Index%20Files/U%20Disk/Unimpeachment%20Of%20Richard%20Nixon%20Manuscript/Blackmail-Other/Item%2001.pdf  

7)  https://youtu.be/ZHEfJZP2vPU    ["Uprising" Threat]

8)  Bookends: A Musical Tribute to the Gentleman from New York

https://youtu.be/5c5q8I4blaQ    [Prologue]

https://youtu.be/fg4vzn00zGg    [Epilogue]

9)  http://www.marvinjones.blogspot.com/2015/06/mano-mano-football-and-fencing.html    [Zorro and Sgt. Garcia]

 
 
    
 
    
     
   
 
         
 
    
 
              
 
           
 
      
 
         
        

Wednesday, July 12, 2017

Dances With Wusses

So help me God.

THE GENTLEMAN FROM NEW YORK and his hordes are overstepping boundaries and devouring our institutions like hors d'oeuvres, as a swarm of termites feasting on the foundation of a mighty fortress.  He has called the press "the enemy of the American people"; disrespected the courts by disparaging a "so-called judge"; and referred to the loyal opposition as "obstructionists" even though his party has the majority in the House and in the Senate, where they changed the rules to work their will and put the Frozen Trucker Case Judge on the High Court.  And because he betrays his duty and is surrounded by the supposedly distinguished who cannot distinguish between career and country, between self-interest and the Constitution, those who take seriously the oath to support and defend the supreme law of the land "against all enemies, foreign and domestic" must not be shy about confronting the child who defiles the office and embarrasses the nation.

     "Mature national security specialists seasoned in the ways of Washington simply lend an air of occasional competence to an otherwise shambolic White House," according to Thomas E. Ricks.  "By appearing before the cameras, looking serious and speaking rationally, they add a veneer of normality to this administration.  In the process, they tarnish their own good names."

     The pervasive pattern of all the New Yorker's men continues; and anyone who doubts the old saying that "An army takes on the character of its commander" need only review the record of the past few months.

     In April, General Kelly, a Cabinet officer, made remarks which one thought, upon first hearing of them, were either taken out of context or that he was joking.  But such was not the case.

     "If lawmakers do not like the laws they've passed and we are charged to enforce--then they should have the courage and skill to change the laws.  Otherwise they should shut up and support the men and women on the front lines."

     In May, the day after firing the Director of the FBI, who was investigating the Russian Connection to the 2016 election, the gentleman from New York met with Russia's Foreign Minister and their Ambassador in the Oval Office.  Four days later, Lt. General H.R. McMaster, the second National Security Adviser, did his best to cover for him when the press learned that he had shared sensitive Israeli intelligence with them.

     "The story that came out tonight as reported is false."

     The next day he provided more close semantic support.

     "...(T)he premise of that article is false--that in any way the President had a conversation that was inappropriate or that resulted in any kind of lapse in national security."  (Emphasis added)

     And eleven days later, when it was revealed that the son-in-law wanted to use secure systems in the Russian Embassy or Consulate to side-step our Intelligence Community, McMaster made one of the most misleading understatements imaginable.

     "We have backchannel communications with a number of countries.  What that allows you to do is communicate in a discreet manner, so I'm not concerned."

     But such conduct paves the way for another seven days in May.

     In June, the Director of National Intelligence, Dan Coats, and the Director of the National Security Agency, Admiral Mike Rogers, appeared on Capitol Hill.  Senator Angus King (I-ME), who was puzzled over their refusal to answer questions regarding their White House conversations, asked if executive privilege had been invoked, and was informed that it had not.

     "Then why are you not answering our questions?"

     "Because I feel it is inappropriate," Rogers replied.

     "What you feel isn't relevant, Admiral."

     King then asked for clarification about whether classified information was involved, which apparently was not the case.

     "What is the legal basis for your refusal to testify to this committee?" King demanded of Coats.

     "I'm not sure I have a legal basis, but I am more than willing to sit before this committee...in a closed session and answer your questions."

       Feelings, nothing more than feelings
       Trying to forget my feelings of love
       Teardrops rolling down on my face
       Trying to forget my feelings of love

     Seven days later, a man who should have been acquainted with law and precedent treated them as strangers.  Instead of riding to the rescue, Jefferson Beauregard Sessions III behaved like those for whom he was named--and wiped his feet on the Constitution.  When a Watergate Assistant Special Prosecutor was asked about the Attorney General's Senate testimony, he used the following legal terms:  "Liar, liar, pants on fire."

     "This is nothing short of outrageous.  Congress has an independent obligation to conduct oversight," Jennifer Rubin, a displeased Republican noted.  "Witnesses cannot simply decide they don't want to share.  If they could, there would be no oversight.  While they were not under subpoena, their behavior was contemptuous and frankly unprecedented.  The committee has the option to subpoena witnesses, demand answers and then hold them in contempt if they decline to answer."

     "...(T)he long dormant inherent contempt power permits Congress to rely on its own constitutional authority to detain and imprison a contemnor until the individual complies with congressional demands."  ("Congress's Contempt Power and the Enforcement of Congressional Subpoenas: Law, History, Practice, and Procedure" by the Congressional Research Service, Summary)

     Here, Congress acts without the assistance of the other branches.

     "Under the inherent contempt power the individual is brought before the House or Senate by the Sergeant-at-Arms, tried at the bar of the body, and can be imprisoned or detained in the Capitol or perhaps elsewhere."  (CRS, 10)

     That should give pause to one inclined to tell legislators to "shut up" or those who fail to cite legal principles in response to questions--but talk about how they "feel."

     "...(T)he witness can be imprisoned for a specified period of time as punishment, or for an indefinite period (but not, at least by the House, beyond the end of a session of the Congress) until he agrees to comply."  (CRS, 11)

     Of course, checks and balances still apply.

     "When a witness is cited for contempt under the inherent contempt process, prompt judicial review appears to be available by means of a petition for a writ of habeas corpus....  While Congress would not have to afford a contemnor the whole panoply of procedural rights available to a defendant in criminal proceedings, notice and an opportunity to be heard would have to be granted."  (CRS, 11; emphasis added)

     There are other options.

     "Although many of the inherent contempt precedents have involved incarceration of the contemnor, there may be an argument for the imposition of monetary fines as an alternative.  Such a fine would potentially have the advantage of avoiding a court proceeding on habeas corpus grounds, as the contemnor would never be jailed or detained."  (CRS, 11)

     Adjustments can be made to put the practice on standby alert.

     "...(A)lthough the majority of the inherent contempt actions by both the House and the Senate were conducted via trial at the bar of the full body, there is historical evidence to support the notion that this is not the exclusive procedure by which such proceeding can occur....  Actually, the consideration of the use of committees to develop the more intricate details of an inquiry into charges of contempt of Congress date back to the very first inherent contempt proceedings of Messrs. Randall and Whitney in 1795."  (CRS, 13)

     But if the Legislature allows the Executive to undermine comity--institutional courtesy--then the members may as well hang out with Tiny Tim.

       Tiptoe through the window
       By the window, that is where I'll be
       Come tiptoe through the tulips with me

     Lost in all the latest drama, as the curtain falls and the whining and whimpering comes to an end, is how rehearsal began.  For, two days after the election, the gentleman from New York was warned in the Oval Office about Michael Flynn by the President of the United States.  And despite the warning about hiring him as National Security Adviser, he did so anyway.  Then, sixteen days before the opening, Flynn told the transition team that he was under investigation.

     As of noon on Installation Day, from the moment "So help me God" passed his lips, he has been in violation of the emoluments clause, the take care clause, and the oath.  (Article I, Section 9, Clause 8; Article II, Section 3; & Article II, Section 1, Clause 8)  Together, they go beyond, say, civil or inherent contempt, to raise the curtain for an encore, a showstopper of an impeachable offense--contempt of the Constitution.  And he has been working on more violations ever since.

     Six days after installation, Acting Attorney General Sally Yates warned White House Counsel Don McGahn about Flynn's "underlying conduct" that was "problematic."

     The next day Yates and McGahn had a follow-up meeting, and that evening in the Green Room, the gentleman from New York had dinner with the Director of the FBI.

     "I need loyalty, I expect loyalty."  (Statement for the Record by James R. Comey, 3)

     His part of the conversation became a chorus.

     "I need loyalty."  (JRC, 4)

     But Comey was not singing background.

     Three days later, the conductor fired the Acting Attorney General and kept Michael Flynn.  The message was clear.

     Eighteen days after the warning to the White House Counsel--and after The Washington Post broke the story--Flynn resigns.

       It must have been love but it's over now.
       It must have been good but I lost it somehow.

     Wait, Roxette.  Wait.  After the thirteenth comes the fourteenth, which is Valentine's Day.  And this is better than Forrest Gump's box of chocolates:  The gentlemen from New York cleared the Oval Office of everyone except the Director of the FBI.  Cupid's arrow had found its mark.

     "He is a good guy and has been through a lot....  I hope you can see your way clear to letting this go, to letting Flynn go.  He is a good guy.  I hope you can let this go."  (JRC, 5)

     Six weeks later, when the man, who had been fired as Director of Defense Intelligence by the previous Administration, continued to be a problem, the gentleman from New York phoned the Director of the FBI and asked him to "lift the cloud."  (JRC, 6)  But all he had to do was stop the rain dance.

     Nevertheless, twelve days later, the gentleman from New York placed another call to the Director.  He said "the cloud" was getting in the way of his doing the job.  Cue a hit by Martha and the Vandellas.

     "Because I have been very loyal to you, very loyal; we had that thing you know."  (JRC, 7)

     In May, Comey was fired.  And then the comrades came marching in the following day.

     In an earlier time, men like McMaster understood Dereliction of Duty.

     "The disaster in Vietnam was not the result of impersonal forces but a uniquely human failure, the responsibility for which was shared by President Johnson and his principal military and civilian advisers.  The failings were many and reinforcing: arrogance, weakness, lying in the pursuit of self-interest, and, above all, the abdication of responsibility to the American people."

       'Scuses, nothing more than 'scuses
       Trying to forget the oath that I took
       Teardrops rolling down on my face
       Trying to forget the oath that I took...

       'Scuses, wo-o-o 'scuses
       Wo-o-o, 'scuses again on my lips

     WE THE PEOPLE of the United States need loyalty.  WE expect loyalty--to the Constitution.  Because we have been loyal, very loyal; we had that thing you know--the oath.

(c)2017 Marvin D. Jones.  All rights reserved.


1)  https://youtu.be/E7E3Bb98uKw    [The gentleman…and his hordes]

http://www.politico.com/magazine/story/2017/05/28/general-mcmaster-step-downand-let-trump-be-trump-215199

2)  http://www.marvinjones.blogspot.com/2017/05/general-examples.html    [“shut up”]

3)  http://www.politico.com/magazine/story/2017/05/28/general-mcmaster-step-downand-let-trump-be-trump-215199    [another seven days in May]

http://www.msnbc.com/the-last-word/watch/fmr-cia-dir-on-kushner-russia-news-is-this-a-prank-954613827687

4)  https://youtu.be/WKEqGrPYgR0    [Senator King Qs DNI & DNSA]

https://www.dailydot.com/layer8/king-rogers-coats-senate-intelligence-committee-video/

http://www.msnbc.com/the-last-word/watch/fmr-cia-dir-intel-chiefs-misjudged-the-gravity-of-situation-962600515860

5)  https://youtu.be/FYmClhNesyg   [“Feelings”]

6)  http://www.msnbc.com/the-last-word/watch/watergate-prosecutor-sessions-was-not-even-a-credible-witness-966864963876  [NTS: “pants on fire”]

7)  https://www.washingtonpost.com/blogs/right-turn/wp/2017/06/07/outrageous-contempt-of-congress/?utm_term=.fe6735feb556

https://fas.org/sgp/crs/misc/RL34097.pdf     [contempt]

8)  https://youtu.be/SqfqW6RJVHw  [“Tiptoe Through the Tulips”]

9)  http://www.cnn.com/2017/05/08/politics/obama-trump-michael-flynn/index.html  [Obama warning]

10)  https://www.nytimes.com/2017/05/17/us/politics/michael-flynn-donald-trump-national-security-adviser.html  [transition knew Flynn under investigation on 1/4/2017]

11)  http://www.marvinjones.blogspot.com/2017/01/the-infringement-society.html   [Installation Day]

12)  http://www.msnbc.com/rachel-maddow/watch/cracks-deepen-in-white-house-flynn-story-with-new-senate-testimony-939298883702  [Flynn cont’d]

13)  https://youtu.be/k2C5TjS2sh4  [Roxette]

14)  https://youtu.be/9KhbM2mqhCQ    [Martha and the Vandellas]