Good Riddance Rancid Reince

 Posted by at 2:43 pm  Politics
Jul 292017
 

Largely due to his fascist tendencies in the Totalitarian Plutocracy of Fitzwalkerstan, formerly Wisconsin, I gave Priebus the label Rancid Reince, when he assumed control of the RNC in January, 2011.  I have never had any respect for him, because of the vile tactics he and his party have employed.  I became less critical, when he became a never-Trumper, but that only lasted until the Peach Pervert got the nomination.  Afterwards Priebus wore a continuous orange-brown smudge on the tip of his nose and was rewarded with the position of Chief of Staff in the Rectum Reich… until yesterday.  Good riddance Rancid Reince!

0729ReinceReince Priebus will be replaced as White House Chief of Staff, President Donald Trump announced on Twitter [Traitor Tweet delinked] late Friday.

The former Republican National Committee chairman, widely seen as a moderating influence on an erratic chief executive, is out just over six months after the administration took their seats.

Trump’s senior staff have been at each other’s throats almost since Inauguration Day, according to waves of insider reports. Priebus and senior advisers Steve Bannon and Jared Kushner have found themselves at odds repeatedly as they sought to sway the president on messaging, policy priorities, and legislative tactics during a half-year in which Republicans have repeatedly failed to repeal Obamacare, break ground on a U.S.-Mexico border wall, and fulfill other signature Trump promises.

His firing comes barely a day after Trump’s other newest hire, communications director Anthony Scaramucci, openly accused Priebus of leaking documents to the press to embarrass his own boss and colleagues. (The document Scaramucci cited was publicly available and obtained by a reporter who called and asked for it.)

Priebus will give way to Gen. John Kelly, currently Trump’s Secretary of Homeland Security. White House reporters say Priebus had resigned privately on Thursday but hoped to stay on another day or two, and that Trump’s decision to dismiss him on Twitter came after staff urged him to move faster…

From <Think Progress>

Admittedly, I can thing of few harder jobs than being Trump’s Chief of staff.

But Kelly is no great gift to America, either.  He’s the fascist who has been terrorizing Latino’s at the border for the Fuhrer.  Furthermore, he could not be more unqualified.  Chief of Staff is the3 most politically involved job in the White House, and Kelly has no political experience.  He’s all military.  The only way for him to survive is to become the Fuhrer’s sycophant.  I consider that likely, but only until he becomes the scapegoat for another Trump failure.

0729KellyNazi

RESIST!!

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Jul 292017
 

I’m waiting for Jason, my computer tech to arrive to delve into some network and laptop issues.  He arrived just as I finished that sentence and did an excellent job.  He cleaned up the network issues Comcast left, did a malware check on my laptop.  He founds it clean but buggy, and started a system recovery to return it to factory default.  I have a shitload of work to do to reinstall all the software.  He even reconfigured my TV, so my screen dimensions display properly.  Needless to say, I’m running late and am very tired.

Jig Zone Puzzle:

Today’s took me 3:09 (average 4:29).  To do it, click here.  How did you do?

Short Takes:

From YouTube (GQ Channel): The Timeline In the Case Against Trump | The Resistance with Keith Olbermann

 

Guilty! RESIST!!

From YouTube (MoveOn Channel): Anna Galland on Trumpcare Defeat, Resistance

 

Thanks McCain, Murkowski, and Collins. Also thanks MoveOn and all the progressive patriots fighting RepubliCare, especially YOU! RESIST!!

From The New Yorker: With a fury that could spell political trouble for Republicans in the midterm elections, Trump voters across the country on Friday expressed their outrage and anger that they still have health coverage.

“I went to bed Thursday night and slept like a baby, assuming that when I woke up I would have zero health insurance,” Carol Foyler, a Trump voter, said. “Instead, this nightmare.”

Harland Dorrinson, who voted for Trump “because he promised that he would take my health care away from me on Day 1,” said that he was “very upset” that he will still receive that benefit.

“I woke up this morning, and my family and I could still see a doctor,” he said. “This is a betrayal.”

Many Trump supporters said that congressional Republicans “gave up too soon” in their efforts to deprive ordinary Americans like them of their health care.

Dang Andy! Sadly, that is correct. After deplorable, the next synonym for ‘Trump supporter’ is idiot. RESIST!!

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Everyday Erinyes #85

 Posted by at 8:45 am  Politics
Jul 292017
 

Experts in autocracies have pointed out that it is, unfortunately, easy to slip into normalizing the tyrant, hence it is important to hang on to outrage.  These incidents which seem to call for the efforts of the Greek Furies (Erinyes) to come and deal with them will, I hope, help with that.  Even though there are many more which I can’t include.  As a reminder, though no one really knows how many there were supposed to be, the three names we have are Alecto, Megaera, and Tisiphone. These roughly translate as “unceasing,” “grudging,” and “vengeful destruction.”

Before I start this week, I want to reemphasize that for many of us, maintaining outrage is a way to stay energized.  But there are other ways.  I realize not everyone who reads this is Christian, but I think we can agree both that many activists are Christian, and that Christan activists are a big part of the solution.  Besides that, techniques for hanging on to mental health are often non-religion-specific, and even if they are presented as such, they are almost always adaptable.  Sojourners this week had an article which referenced two older articles on staying strong which don’t require outrage.:  The Activist’s Guide to Contemplation and Sustaining the Daily Grind of Activism.  Might be worth a look.

I almost didn’t bother with this story.  The report of a teenager (or any age, really) receiving law enforcement attention while doing something that would not receive such attention if done by a white has become so daily now.  But the more I read, even as it became seemingly LESS conclusive, the more troubling I found it.

So it starts, from the officer’s viewpoint (and apparently he is an officer, although he looks more to many viewers like a retiree working part time security), with a call to the station that someone is knocking on doors in the neighborhood, and then targeting homes whose doors were knocked on for burglary.

From the teen’s viewpoint, it starts while he and a crew of mostly family were working on a yard from a customer they had solicited door to door.

So the officer asks him what he’s doing.  He says he and his crew are mowing the lawn.  The officer says he’d seen him going door to door.  He says, yes, he was looking for more yard work, and shows the officer his business cards from a stack from which he was handing them out.  The officer asks him for ID.  He says he doesn’t have any on him.  The officer says something to the effect of “When an officer asks you for ID, you show ID.”

Um, no.  There is no legal requirement for anyone to carry ID on his or her person.  If you are driving, a driver’s license, yes, but that may be not on your person but somewhere in the vehicle.  He had shown the officer, as I said, a business card.  A business card needs to pretty well accurate if your customers are going to be able to find you.  You may use a business name, but you still have to be findable.

So the teen asks the officer for identification.  Well, that went over like crepitation in church.  The order of events after that is not quite clear to me (I’m bad with videos), but handcuffs may have been brought out, the teen’s crew defended him (including words to the effect “you can’t do this just because he’s black,” and at one point he left and went home.

Later that day, the officer showed up at the teen’s home (which he apparently had no trouble finding, although he complained the teen had lied to him), and not alone (there were police cruisers up and down the street).  There was also a K-9 four-legged officer, and a taser.  The teen has said that both were used.  The article in Rare has a photo of injuries which could have been caused by a K-9.

The police are defending their officer 100%.  After all, the teen had LIED to him!  About the spelling of his name!  And about his age!  Clutch them pearls!  The thing is, as we have all been saying since Michael Brown or even earlier, none of the offenses they are alleging carries a death sentence, or a taser sentence, or a dog-bite sentence.  And, had this teen been white, it’s hard to believe that the tasering or dog-bite would have occurred.  Megaera, if you learn any new definitive details here, please keep us up to date.  Otherwise, I’d have to go with @JayT584 who tweeted the photo of injuries and added “white cop wants to play ‘slave catcher'”

This next story might be good news were it not too little, too late.

On April 20, 2012, seven heavily armed Johnson County sheriff’s officers conducted an early morning raid on the house of Adlynn and Robert Harte based on vegetative samples found in the couple’s trash. It turns out those samples were tea leaves, and officers found a hydroponic tomato garden instead of marijuana.

The Hartes sued the county for $7 million on unlawful search-and-seizure claims, which a federal judge tossed after finding the officers were entitled to qualified immunity.

On Tuesday, however, a three-judge 10th Circuit panel disagreed – and Circuit Judge Carlos Lucero offered a sarcastic summary in the ruling of the mistakes made by the officers.

“Law-abiding tea drinkers and gardeners beware: One visit to a garden store and some loose tea leaves in your trash may subject you to an early morning, SWAT-style raid, complete with battering ram, bulletproof vests, and assault rifles,” Lucero wrote. “Perhaps the officers will intentionally conduct the terrifying raid while your children are home, and keep the entire family under armed guard for 2 ½ hours while concerned residents of your quiet, family-oriented neighborhood wonder what nefarious crime you have committed. This is neither hyperbole nor metaphor – it is precisely what happened to the Harte family in the case before us on appeal.”

I am tickled to be able to say I know this judge – I knew him when he was a lawyer (That’s him above, with his wife Dottie).  He always did have this kind of sense of humor, but he seems to have refined it putting decisions into writing.  Had I known he would get to the point of being this smart – and this witty – I would have backed him when he was running for Senate.  But maybe Federal Circuit Court judge is even better.  It’s non-political and has lifetime tenure.

But, Tisiphone, you really must do something about the Johnson County Sheriff’s Department.
And stop laughing.  It really is serious.

As sad as this next story is, I think it is not only a good idea, but should be emulated by all fifty states and seven (I think it is) territories, including the District, and I am asking Alecto to work on that.

Arizona Driver’s Manual Now Includes How to Avoid Being Shot by Police

The “Reader’s Digest version” here is that state leaders surveyed a cross section of drivers about what they would do if stopped by a traffic officers, then surveyed Arizona Police Departments about what a driver should do if stopped.  Neither the drivers nor the officers had consistent answers, even among their own group.

Realizing that confusion exists on both sides about appropriate behavior during a traffic stop, [Democratic State Rep. Reginald] Bolding and his colleagues believed it was time to update the state’s driver manual.

The new guidelines are in the article, but there is a lot more about the facts that (1) even following the guidelines perfectly would not prevent all fatalities.  Philando Castile did so, and we all know how that turned out.  And, (2) isn’t it sad that we need to teach motorists to “bend over backwards” in order not to be killed in error by an officer of the law.  To that, I say, it’s good to have consistent guidelines, which, even if they don’t save every life, will put survivors who can demonstrate compliance by their loved one in a better position to claim abuse and press their cases.

While Law Enforcement Officers have been far from perfect, and there are major issues with their hiring and training, as well as with the propensity of Law Enforcement to protect their own even when wrong, nevertheless, as long as we have our insane gun laws, to that a police officer can literally have NO idea whether someone they are approaching is armed or not, it’s not unreasonable for them to be jumpy.

The Furies and I will be back.

Cross posted to Care2 here.

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Pithy Progressive #7

 Posted by at 4:22 pm  Politics
Jul 282017
 

Back in the day when Democrats could actually run as Democrats, we never had to ask questions like the ones we are looking at today:  How can we get Democrats elected to offices since a Teflon President has apparently passed on that mantle (now usually referred to as IOKIYAR) to an entire guilty party, for whom people CONTINUE TO VOTE?

I have kind of slacked off on this column, being, as everyone else, caught up in investigations and health care.  And, the Progressive I want to feature today, is not a newcomer aiming at first-time election, but someone with a progressive career.  But maybe all the more reason why we should listen to his own words, particularly since he is not, as some others are, at the top of the news every night.  Here is the email from Senator Chris Murphy:

Some days, over the last few months, I wished I wasn’t so emotionally invested in this fight. My moods see-sawed, the knots in my stomach came and went, my nerves frayed. Health care, whether I like it or not, is at the foundation of my public service. I arrived in Hartford, as a 25-year-old naïve state legislator who believed in universal health care. I rose to become the 29-year-old Chairman of the legislature’s Health Committee. I served on the committee in the U.S. House that wrote the Affordable Care Act. I defended it back home in endless town halls. I got elected to the Senate, and when no one wanted to stand up for the ACA in its early days, I took up the cause, going to the Senate floor nearly every week to extol its virtues.

It’s my passion because I have seen what the lack of health care means to people in my state, in my town, and in my neighborhood. I see the pain in a mother’s eyes when she can’t afford glasses for her daughter who can’t see. I listen to the anguish of families that go bankrupt because their insurance won’t cover their son’s cancer. I listen to doctors who are feeling overwhelmed by a system that rewards the volume, not the quality, of medicine practiced.

I’ve lived every high and every low of this debate, because it matters so much to the people I serve, and because it’s been the focus of so much of my career. And so yesterday – it should come as no surprise – was one of the most emotionally taxing days in my twenty years in public service. And I want to tell you about it.

Getting Ready for a Long Battle
I arrive in the office and have a few minutes to check in with my health care team before my first meeting. Today is clearly going to be big – the Republicans are intent on bringing their mystery “skinny” health care repeal amendment to the floor for a vote. Their plan is to pass a scaled-down version of their repeal bill to use as a vehicle to get to a conference committee where they can write the actual bill with the House of Representatives. That way, if the whole repeal enterprise fails, they can share the blame with the House.

My team is busy drafting amendments that we can offer to the bill. I have been one of the chief agitators in our caucus for a very robust amendment process on the floor once the Republicans offer their plan. I feel like we need to go down fighting, and that by offering hundreds of amendments, we might actually improve the bill if one or two passes, or at the very least, make clear the differences between the two parties on critical health care questions people care about.

Some other Democratic Senators disagree with this strategy – especially because it could entail the Senate staying in session and voting for hours upon hours – and their staff are beginning to call my staff to pressure us to back off. I quickly gather my senior staff in my office and tell them, “It’s going to be a long day.”

Pessimism
The Democratic Leader, Chuck Schumer, is an unapologetic optimist by nature. But he doesn’t sound confident as he kicks off our lunch meeting. He makes some cryptic comments about his conversations with John McCain, but he says that we need to assume that the Republicans will line up the votes on their “skinny” bill. I eat lunch next to Senator Cory Booker, my close friend and main co-conspirator on the lengthy amendment strategy. He doesn’t look well. “I’m sick as a dog, man. I just got back from the doctor,” he says to me. “Cory, I need you today. We need you.” “I know,” he says. “I’m napping every chance I get so I can be there for the long haul tonight.”

Near the end of the meeting, Bernie Sanders stands up and endorses the robust amendment idea. Schumer catches my eye and gives me a wink, acknowledging that Bernie will be a powerful ally if a fight breaks out within our caucus over late-night strategy. As the meeting winds down, I rush off to a quiet office in the Capitol to tape a segment for the popular “Pod Save America” podcast – I provide a short update on what will likely play out on the floor during the evening.

The Drama Begins
In the early evening, we come to the floor for a series of votes, and we begin to hear the details of what will be in the “skinny” repeal bill. It’s a disaster. A full repeal of the individual mandate, resulting in 16 million losing coverage because of resulting rate spikes, and a full defunding of Planned Parenthood. At 5:30 pm, three Republicans, including John McCain, hold a hastily arranged press conference to announce that they will not vote for the skinny bill unless they get assurances from the House that the bill will not become law. They want a guarantee that there will actually be a conference committee. I type out a tweet, “Seriously, this is weapons grade bonkers. 3 Senators just announced they will vote for repeal only if assured it will never become law.” By the end of the day, that tweet will have been viewed 1 million times.

Now that the outline of the skinny bill is known, Schumer calls us in for an emergency caucus meeting. He wants to decide what our strategy is if their bill succeeds. Jeff Merkley, Bernie Sanders and I make the case for the long amendment process. I explain that we cannot expect the American people to fight against this reckless law if we don’t fight inside the Senate. My colleagues have heard me give this speech a half dozen times. I’m worried I sound like a broken record. But I believe what I’m saying, and it seems like our side is winning most of the room.

Suddenly, one of Schumer’s aides rushes up to him to show him something on his iPhone. Schumer then reads to us Speaker Ryan’s statement in which he gives only a half-assurance that the House will move to a conference committee if the Senate passes the skinny bill. Senator Brian Schatz of Hawaii, another of my closest friends in the Senate, jumps up and declares that a bunch of us need to go to the Senate floor immediately and make it clear that Ryan is not going to grant a conference – that the House is likely to simply pass the Senate bill. A group of us leave the meeting and rush to the floor. I give a speech about the bill and how it essentially amounts to health care arson, lighting our entire system on fire. I also talk about the process and how far we’ve strayed from how the Senate, supposedly the “world’s greatest deliberative body,” should operate. I end by saying that this isn’t why we all came here. No one gets elected to the Senate to vote for a bill they hope won’t become law because it’s such a humanitarian catastrophe. But that’s exactly what seems to be happening right now.

The Home Stretch
At around 10:00 pm, McConnell finally formally introduces the skinny bill, and schedules the vote on it in two hours. Senator Patty Murray, who is managing the floor debate for Democrats, comes over to me and asks if I will kick off the Democrats’ argument against the bill. It’s a real nice honor, and I wonder if I got the nod because Patty, a strong ally of mine in the Senate, remembers all those days in 2013 and 2014 when I was the lonely senator on the floor defending the Affordable Care Act. As I rise to speak, I look around and realize that most all of my colleagues are present and in their seats. It’s actually rare to speak to a Senate chamber full of senators, and it gives me instant butterflies. I just decide to go for it – pull no punches. I call the process “an embarrassment”. I call the bill “health care system arson”. I leave it all on the floor, and I feel good about it.

Social media is such a key organizing and communication tool, and I’ve made a major commitment to use it as a way to make the legislative process as transparent as possible. As soon as my speech is done, I run across the street to hold a Facebook Live session with my followers. Thousands of people instantly tune in – by the end of the night, 40,000 people have seen part of the livestream. I give an update on the debate, answer a few questions, and then head back to the Capitol.

On my way, I stop at the rally that is ongoing outside the Senate. It’s now 11:00 pm, and the crowd is still over a hundred. I tell them that our chances don’t seem great tonight, but they need to keep up the fight.

The Final Vote
I meet again with my staff to go over amendments. All the Senators who attended the 5:30 pm press conference are now leaning yes on the bill, except for McCain, who hasn’t said much lately. But we all expect that McCain will be strong-armed like the rest, and so we need to have our amendments ready. Senator Merkley and I huddle to talk about strategy. We’re ready for the long haul.

At 11:55 pm, I rush over to the Russell Senate Office Building for a quick appearance on MSNBC. I only make it in time for about 30 seconds of air time with Brian Williams before his show ends. My shortest cable appearance of my Senate career. I get in the elevator to head down to the basement to walk back through the underground tunnel to the Capitol. My elevator reaches the basement at the same time as the other elevator in the bank.

Off that elevator steps my friend Senator John McCain. It’s exactly midnight.

“Murph!” he yells, and swats me on the back. Someday, I’ll get to tell my grandkids what he said next. We didn’t talk long – he shot off like an arrow with his coterie of staff. But I will remember the moment for the rest of my life, a reminder of why there is no one else in politics, and there will never ever again be anyone in politics, like John McCain. The original Maverick. A man with a sense of dignity and purpose that is all too rare nowadays in public life.

I walk onto the Senate floor just behind John. He goes over to Senator Schumer and they talk briefly. John then finds the Assistant Republican leader John Cornyn, and they have a short, tense conversation. McCain then goes to his seat. And sits.

I text my wife. “Turn on C-SPAN. Something is about to happen you need to see.”

McCain sits alone for a while, and then the visits begin. First, it’s his Arizona colleague Jeff Flake. Then Vice President Pence enters the chamber and approaches McCain. I stand on the other side of the floor with Patty Murray, just watching. All the while, as various figures come to try to persuade McCain, he is flanked by his best friend, Lindsay Graham, and Alaska Senator Lisa Murkowski, one of the two firm “no” votes on the bill (for all the focus on McCain’s heroic vote, it is Lisa Murkowski and Susan Collins, who were iconoclastic “no” votes all along, who will go down as the original heroes).

Time seems to stand still. And finally, the vote is called. The clerk slowly runs through the roll. Collins and Murkowski vote no. When McCain’s name is called, he isn’t in the chamber. The suspense builds. Then he enters the chamber again, walks to the clerk’s desk, puts up his hand to be recognized, and gives the thumbs down sign. A loud, audible gasp erupts from the floor and the gallery. Schumer, from his seat up front, shushes everyone urgently.

The last few votes trickle in, and the presiding officer, Senator David Perdue from Georgia, announces the vote. 49 Yes. 51 No. The amendment fails. McConnell promptly rises and pulls the bill from consideration.

It’s over.
McConnell gives a speech. Schumer gives a speech (which is excellent – watch it if you can). And we adjourn. Perdue comes down from the dais and walks over to me. “You ready to work together, Chris?” he asks. “You bet,” I say.

I walk back out to the rally and thank the crowd for sticking with us. Everyone is exuberant, and they should be. “Reports of democracy’s death were greatly exaggerated, huh?” I tell them, borrowing a line from my favorite Connecticut satirist Mark Twain.

I walk back to the office with David Bonine, my legislative director, and Joe Dunn, my longtime health staffer. It’s 2:00 am.

There are so many days when you wonder whether a career in public service is worth it. All the frustration, the personal attacks, the gridlock – it often makes you wonder whether there’s a better way to spend your life.

And then a day comes like today. A day when out of darkness, something truly amazing happens. It’s days like that, all too few and far between, that keep you coming back, to try and try and try again.

I hope not to see too much snark in response to Senator Murphy’s bipartisanship, which he makes very clear.  It’s also clear he has fought hard for us on this (and other things).  Being able to talk with, even like, some Republicans is not in itself a bad thing.  I doubt I could do it, but I’m glad a few are.

Cross posted to Care2 here.

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Jul 282017
 

I’m about to leave for my annual Medicare Wellness exam, and I’ll complete this section when I return.

I’m back late, because the TriMet Lift Bus misses my window and had several stops along the way.  However, thew appointment went well, and I’m an A1 Certified Prime Puddy Tat!

Jig Zone Puzzle:

Today’s took me 4:38 (average 5:26).  To do it, click here. How did you do?

Short Take:

From Huffington Post: Seven years of Republican promises to repeal the Affordable Care Act withered away to almost nothing on the Senate floor early Friday morning.

The Republican majority in Congress has voted dozens of times since 2011 to repeal all or part of the Affordable Care Act, and a central element of the GOP’s pitch to voters during last year’s election was that giving Donald Trump the keys to the White House and leaving Congress in the Republican Party’s hands was all that was needed to bring an end to Obamacare.

But when presented with their first genuine opportunity to do so ― and to have to answer for the consequences ― enough Republican senators flinched that the effort failed, despite pressure from Senate Majority Leader Mitch McConnell (R-Ky.) and President Trump. Voting to dramatically increase the number of uninsured Americans is easier when you know it can’t happen than when you know it will.

The final vote for the Health Care Freedom Act, designed to eliminate core components of the Affordable Care Act, went down on a 49-51 vote, with Republican Sens. Susan Collins of Maine, John McCain of Arizona and Lisa Murkowski of Alaska joining with all 46 of the chamber’s Democrats and both of its independents to defeat the measure.

Woooo Hoooo Phew!!!

0719Cartoon

Finally? RESIST!!

Cartoon:

0728Cartoon

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Samantha Bee – from 7/26

 Posted by at 1:26 pm  Politics
Jul 272017
 

It’s that time of week again, so here are three excellent video clips from Sam’s show last night.  Enjoy!!

The Mooch Will Set Trump Free

 

In the middle, Sam found the two most appropriate words to say to the Tangerine Traitor.

Trump’s Spreading Taint

 

There’s only one way to protect yourself from the Taint. Never stop opposing the criminals in the White House.

When Michael Met Arthur

 

If Laffer tried to BS me, I’d refer him, to Trump’s Russian hooker for some actual trickle down experience.

OK!  The break’s over!

RESIST!!

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Jul 272017
 

Today’s forecast high in 85°.  The humidity is 68%.  It’s the coolest day in the next two weeks.  This afternoon a Social Worker from Providence Elder at Home is stopping by to scan my Advance Directive into my records.  In summary, if it appears that survival is either likely or unlikely, resuscitate me by scratching my back and giving me coffee.  Tomorrow I have my annual wellness exam for Medicare done by Ellie, my PCP’s PA.  I’ll be leaving early in the morning and be gone half the day.  I will probably publish only a Personal Update, or at most an Open Thread.

Jig Zone Puzzle:

Today’s took me 3:24 (average 4:56).  To do it, click here.  How did you do?

Short Takes:

From YouTube (Funny or Die Channel): Donald Trump’s Temporary Bone Spurs

 

Cleary TBS is too great a handicap for the Fuhrer to remain in office. RESIST!!

From The New Yorker: Saying that the problem “is far worse than I imagined,” Attorney General Jeff Sessions on Wednesday urged First Lady Melania Trump to intensify her campaign against cyberbullying.

Speaking to reporters from his office at the Justice Department, Sessions said that, whatever Mrs. Trump had done to eliminate the scourge of cyberbullying, “It clearly has not been enough.”

“From my perspective, cyberbullying is very much a growing problem,” he said. “And with every passing day it gets worse and worse.”

Dang Andy! Isn’t it just like KKK Beauregard to hide behind the only skirt, the contents of which Putin’s Pervert doesn’t want to grab? RESIST!!

From NY Times: The Senate on Wednesday soundly rejected a measure that would repeal major parts of the Affordable Care Act without providing a replacement, leaving Republicans still searching for a path forward to fulfill their promise of dismantling President Barack Obama’s signature health law.

Seven Republican senators joined Democrats to vote against the measure, which had been embraced by conservatives but could have left millions of people without health coverage.

The rejection of “clean repeal” laid bare the deep divisions within the Republican caucus about how best to proceed. The night before, nine Republicans, including both conservatives and moderates, voted against comprehensive legislation to repeal the health law and provide a replacement.

Without the votes to replace the health law or to simply repeal major parts of it, Senate Republicans appeared increasingly likely to try to pass a modest measure that would repeal only a few provisions of the law, such as the tax on medical devices and the requirements that most individuals have insurance and that large employers offer coverage to workers.

But even that narrow bill could have a significant impact on the nation’s health care system. Democrats on Wednesday night released a Congressional Budget Office analysis of the effects of repealing several provisions that could be part of a “skinny” repeal measure. The analysis found that the number of uninsured people would increase by 15 million next year compared with current law, and Democrats said they were told that premiums would be roughly 20 percent higher… [emphasis added]

Call your Senators! RESIST!!

Cartoon:

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Jul 272017
 

It’s not so far-fetched to fear we are headed for a “Saturday Night Massacre Redux” only with a different cast of characters than Nixon brought us.

So how did we get to this sad, disturbing juncture in our history?  Clearly it all pivots around one Donald J. Trump, our minority-vote president and his desire to end Robert Mueller’s investigation as Special Counsel.

[BACKGROUND: Although the terms “special counsel”, “special prosecutor” and “independent counsel” tend to be used interchangeably, they actually are not.  Following the constitutional crisis caused by Nixon’s malfeasance, the Office of Independent Counsel was established by law in 1978 with the Ethics in Government Act.  That law directed a three-judge panel from the US Court of Appeals in Washington, DC, to appoint the counsel or special prosecutor.

[That special prosecutor was typically given plenary powers with no checks or balances to contain it which led to far-afield investigations best exemplified by Ken Starr’s obsessive persecution of the Clintons that began as an investigation of a real estate deal, but exponentially exploded and segued to a stain on a little blue dress.

[There was bipartisan agreement those powers were too broad, and so the Independent Counsel Act was not renewed, and it expired in 1999.  This led to the enactment of the Special Counsel Regulations, which empowers Robert Mueller’s investigation.  Those regulations are spelled out here: https://www.gpo.gov/fdsys/pkg/CFR-2001-title28-vol2/pdf/CFR-2001-title28-vol2-part600.pdf ]

 

HOW CAN TRUMP GET RID OF MUELLER – OR AT LEAST STYMIE HIS INVESTIGATION

There are three broad forces that can interfere with Mueller’s investigation resulting in it either being terminated outright, or having it stymied to the point of futility: [1] Trump; [2] a high-ranking Justice Department official (generally the Attorney General, but since Jefferson Beauregard Sessions III has recused himself, it falls to the Deputy AG, Rod Rosenstein) or [3] Congress.

 

[1]

So, the main question is can Trump fire Mueller?  The short answer is “Yes”.  Under Article II of our Constitution, the president is given full plenary prosecution power, therefore all federal prosecutors work for the president.

But the special counsel regulations are very precise on how he or she can be removed:

The Special Counsel may be disciplined or removed from office only by the personal action of the Attorney General. The Attorney General [or acting Attorney General] may remove a Special Counsel for misconduct, dereliction of duty, incapacity, conflict of interest, or for other good cause, including violation of Departmental policies. The Attorney General shall inform the Special Counsel in writing of the specific reason for his or her removal.

Of note is that if Rosenstein were to invoke that authority, the regulations also require him to notify the House and Senate Judiciary Committees as well as the ranking minority member of those committees.  It’s prescient that that the authors of the Regulations included that proviso, which was specifically added to address the possibility that the majority party Chairpersons would be of the same party as the president, and either spineless enough or unwilling to act.  Sound familiar?

And Deputy AG Rosenstein testified he would do so only for “good cause”.  Based on his testimony, the possibility that Trump could convince him that Mueller had acted in such a manner to justify his removal was not only off the radar for Deputy AG Rosenstein, it wasn’t even conceivable to him.

Not only does Mueller enjoy an impeccable, bipartisan reputation and has not engaged in any inappropriate behavior that would justify his removal for “good cause” – but he was also granted a waiver by the Justice Department to lead the investigation despite a possible conflict of interest stemming from the fact that members of his law firm represent some of the people that are a focus of the investigation, including former Trump campaign manager Paul Manafort and Jared Kushner, the president’s son-in-law and senior adviser.

And although the Trump team is actively digging to try to find dirt on Mueller and his team, it’s universally agreed that Trump’s whining about campaign donations given by investigators to Democrats does not constitute a “conflict of interest” – and there’s case law to support that.  Sorry, Donnie!

So, if Trump were to direct Rosenstein to fire Mueller, just as Nixon directed AG Elliot Richardson to fire Watergate Special Prosecutor Archibald Cox, Rosenstein would most likely resign like Richardson did, or Trump would fire him, like Nixon did with William Ruckelshaus, the next in line at the DOJ – which he has the power to do.  And then just like Nixon, Trump could work his way down the chain of command to try to get to a toady like Nixon’s Robert Bork, who did fire Cox (and then that night was promised the next seat on SCOTUS by Nixon).

Or Trump, under the Federal Vacancies Reform Act of 1998, could appoint an interim attorney general – but it would have to be someone who was previously confirmed by the Senate for a Federal position.

(As noted, Sen. Chuck Schumer (D) has made it clear that Democrats will not allow Trump to use a recess appointment to insert a lackey AG to his liking, as Democrats will use the pro forma session option to prevent the Senate from going into the 10-day recess required to permit recess appointments.)

Or Trump could be brazen enough to actually repeal the Special Counsel Regulations and then fire Mueller himself.  Back in 1999 when the regulations were put into place, that scenario was so unthinkable that is was not even addressed.  But today with Trump, who has no moral rudder, it’s a distinct possibility.

 

[2]

This is the actual “Appointment of Special Counsel” statement by Deputy AG Rosenstein addressing Mueller’s appointment: https://www.justice.gov/opa/pr/appointment-special-counsel

And the actual enumeration of Mueller’s mandate:

https://www.justice.gov/opa/press-release/file/967231/download

It is widely believed that Mueller will broadly interpret the phrase “any matters that arose or may arise directly from the investigation.”  Sorry, Donnie!

But it must be remembered that under the Special Counsel Regulations, the AG (or Deputy AG) retains the power to not only limit the scope of the investigation, but the Justice Department alone retains the right to either pursue the findings from Mueller’s investigation and bring criminal charges – or not.  It’s hard to believe that Rosenstein would turn a blind eye if Mueller’s findings were compelling, but I no longer rule out any possibility.

 

[3]

Congress itself could seriously interfere – or prevent – the pursuit of criminal charges resulting from Mueller’s investigation by granting immunity to individuals in exchange for testimony.  As you know, former national security adviser Michael Flynn has actively sought such immunity, and that could well make Flynn’s prosecution impossible.

If you recall, Oliver North was criminally convicted by an independent counsel during Reagan’s Iran-contra scandal.  However, the US Court of Appeals for the District of Columbia Circuit threw out his conviction because Congress had granted him immunity.  And even though that immunity didn’t directly cover action by the independent counsel, the court found that the special prosecutor could have benefited from “the fruits” of his testimony before Congress.

 

 WHAT HAPPENS IF TRUMP SUCCEEDS IN GETTING RID OF MUELLER

The two most likely ways that Trump could get rid of Mueller is if he were able to find his “Bork” (now I know you’re thinking, given his anatomical … hmm, constraints related to his teeny, tiny hands, he already has problems finding his “Bork” – but let’s move on) in some form, and have him or her fire Mueller.  The other is that he actually revokes the Special Counsel Regulations (which he theoretically could do) and fire him outright by himself.

One would hope that Rep. Adam Schiff (D) is correct that Congress would immediately enact an Independent Commission to investigate the same area that Mueller was pursuing.  The problem is that it would not have the power to press criminal or civil charges – that still remains the domain of the Justice Department.

It’s also possible that Mueller could file a lawsuit seeking to vacate his firing, arguing that the Special Counsel Regulations are pointless if there’s no way to enforce them.  But clearly that, like so much of what Trump is churning up, is unchartered waters.

But assuming the worst-case scenario and Mueller is removed, then what?

We need to remember that the FBI has already launched a formal counterintelligence investigation of its own into the meddling by Russia in the 2016 elections, and it’s over a year old.  It will continue and there’s nothing Trump can do to stop it.

The FBI investigation is focused on “if any American citizen acted in concert with the Kremlin to commit acts of espionage, obstruction of justice, interference with the federal election process and other crimes.”

Clearly the aspect that has Trump the most worried is the money trail, and Mueller has the power to obtain his income tax returns.  Just as Deep Throat advised concerning Nixon and the Watergate investigation, “follow the money” that still holds true today.

Mueller’s firing would definitely impede the progress of the investigation, because as Special Counsel he has broad investigatory powers including access to the Treasury Department’s FinCEN (Financial Crimes Enforcement Network) that concentrates on money laundering, as well as the IRS and other executive departments.  So, Mueller’s team has focused on federal criminal acts, while FBI has focused more on espionage.

No doubt Mueller and his team have given some thought to contingency plans if he were to be terminated, as his position largely stems from a political rather than legal aegis.  It depends on how far Trump is willing to ignore not only the rule of law, but the traditions of his office.  If past is prologue, this is not an encouraging sign.

Mueller’s team has surely documented everything they’ve done, creating a large body of work product which Congress could demand in the event he was removed.  It’s highly doubtful that Trump, or even a bevy of his lackeys, would – or even could – destroy all that evidence.

And even then, Mueller and his team could be called to testify before Congress to share what they had found to date.  So there are mechanisms in place to protect and see that their findings are disseminated to people who could act on that information.

The main concern is that if somehow Mueller were removed, that Congress would continue in its current format of facilitating Trump’s endless outrages and make no effort to take proper action and impeach him.  The fact that it’s very possible that Republicans will continue to put party before country is the real risk our nation faces.

 

RESOURCES

 

https://www.gpo.gov/fdsys/pkg/CFR-2001-title28-vol2/pdf/CFR-2001-title28-vol2-part600.pdf

http://www.businessinsider.com/can-trump-fire-special-counsel-robert-mueller-pardon-2017-7

https://www.washingtonpost.com/politics/2017/live-updates/trump-white-house/sessions-to-testify-before-senate-intelligence-committee/how-trump-could-have-mueller-ousted-as-special-counsel/

http://theweek.com/articles/713648/what-happens-trump-fires-mueller

https://www.usnews.com/news/national-news/articles/2017-07-24/what-happens-if-donald-trump-fires-special-prosecutor-robert-mueller

http://thehill.com/blogs/pundits-blog/the-administration/343149-what-will-happen-if-trump-fires-mueller-or-pardons

https://www.theatlantic.com/politics/archive/2017/07/impeach-donald-trump-if-he-fires-robert-mueller/534585/

http://www.cnn.com/2017/06/13/opinions/what-would-happen-if-trump-tried-to-fire-mueller-callan/index.html

http://www.latimes.com/opinion/op-ed/la-oe-mcmanus-mueller-fire-20170723-story.html

https://www.bloomberg.com/news/articles/2017-07-20/trump-move-to-fire-mueller-likely-would-trigger-purge-at-justice

http://www.reuters.com/article/us-usa-trump-sessions-scenarios-idUSKBN1AA2U9?il=0

http://www.slate.com/articles/news_and_politics/interrogation/2017/07/what_happens_if_mueller_s_axed_an_interview_with_tim_weiner.html

 

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