Legally Pathetic

The indictment of Donald Trump by Manhattan DA Bragg leaves America ...
Trump (l) and Alvin Bragg

“It’s legally pathetic.” — Law professor Jonathan Turley of George Washington University School of Law on the Trump indictment on Bret Baier’s “Special Report” program, Thursday (3/31/2023).  See the Turley interview below.

Yep, Bragg pulled the trigger.  Alvin Bragg’s indictment crusade against Trump is more than legally pathetic.  It’s more proof that the United States is descending into a banana republic.  The moral distance between us and Putin’s Russia is shrinking.

Lavrentiy Beria, Stalin’s KGB chief and close confidant, once said, “Show me the man and I’ll show you the crime.”  Putin follows the same script, and now we must add Manhattan DA Alvin Bragg and the Democratic Party’s vigilante posse to the list of the maxim’s adherents.  But there’s a big “if”, if what has long been reported on the case is accurate.  I’m skeptical of anything new on a case that has been combed and vacuumed by the party’s hitmen in the DOJ and Bragg’s predecessor, Cyrus Vance, Jr., for at least six years.  All of it came to naught . . . until Bragg ascended the throne of vigilante-in-chief in ultra-blue Manhattan.

In a nutshell, the case appears to be the brew of a legally dead accusation (vaguely worded accounting entry) hitched to another murky, hypothetical federal one (an enigmatic federal campaign finance violation) in order to conjure a felony and escape the statute of limitations.  Got that?  And this from a guy whose campaign pledge was to get Trump.  According to ABC News,

“During the campaign, Bragg spoke openly about the DA’s investigations into Trump and cited his experience in the AG’s office as a qualification. He won the election and assumed office in January 2022, becoming the first Black Manhattan DA.”

Who is Alvin Bragg? What You Need to Know About the Manhattan DA Who ...
Alvin Bragg campaigning for the office of Manhattan DA in 2021.

In an electoral cluster hot to hang Trump, Bragg was rewarded with the keys to power.  Vendetta justice is chic in Manhattan.  Good luck in gathering a fair-minded jury from that snake pit.

By the way, don’t let the 34 counts in the indictment fool you.  In Turley’s words, it’s just “count stacking” by multiplying the same charge in each one of multiple evidentiary documents in Bragg’s possession – a favorite ploy to sell the unsaleable.

Funny thing about Bragg, he cares more about the vocabulary on an accounting ledger and federal law outside his jurisdiction than robbery with a deadly weapon within his jurisdiction.  He was caught red-handed when the public learned of him issuing an office staff directive shortly after moving into his sinecure.  It ordered staff to not prosecute certain crimes while ordering a downgrade of entire classes of assaults and robberies.  Playing footsie with the statute books, five classes of armed robberies will be reduced to misdemeanor larceny and third-degree robbery charges – “forcibly steals property” – are to be dropped entirely.  He works overtime to hang Trump on phantom charges while the city’s streets and subways become war zones.  Let Christopher Herrmann, professor at John Jay College of Criminal Justice, paint the picture for Bragg: “. . . crime is up in New York City, and it’s up quite a bit.”  And to think that Bragg is working to release the miscreants back onto the streets.  Is this guy out this mind?

If anything, rather than pursue Trump, Bragg should be investigated because he is in open defiance of his oath of office and thus deserving of impeachment.  He swore to the following oath upon taking office (see below): “I do solemnly swear (or affirm) that I will support the constitution of the United States, and the constitution of the State of New York, and that I will faithfully discharge the duties of the office of ……, according to the best of my ability.”  Does “faithfully discharging the duties of the office” cover categorical refusals to prosecute certain categories of crimes?  Bragg, with the wave of his hand, has, in effect, repealed entire sections of the New York state penal code.  Sounds to me like Bragg is in open rebellion against his oath of office.  Prosecutorial discretion doesn’t apply to blanket reductions in charging decisions and refusals to prosecute.  Instead, that’s a DA with a Caesar complex itching for removal from office.

I can’t, with a straight face, look upon our role in monitoring the behavior of other countries as if we are a beacon of decency.  Look at us: we advance racism under the guise of anti-racism; abortion up to and including infanticide is ballyhooed; our children are robbed of their innocence in curriculums littered in gay porn; child sexual mutilation is a protected activity in some of our states; much of Hollywood’s exports are a moral afront to other cultures; our elections aren’t a model to be emulated as we shotgun ballots hither and yon and have meltdowns counting them; our fiscal incontinence is putting us in the same category with Argentina; education in America for Americans is a scandal; and the world sees a form of justice that is already frighteningly familiar to them.  Our moral high ground is collapsing into a sinkhole.

The foregoing indictment of our country, mostly brought to us by the neo-Marxists in our midst, is making us an embarrassment.  Bragg’s indictment will in all probability add more shame to our growing ignoble reputation.

Trump Indictment

RogerG

Read more here:

* “Alvin Bragg made tough-on-Trump record central to campaign for DA”, Joseph Clark, The Washington Times, 3/31/2023, at https://www.washingtontimes.com/news/2023/mar/31/alvin-bragg-made-his-tough-trump-record-central-hi/

* “What to know about the Manhattan DA Alvin Bragg Jr., who will be prosecuting Trump”, Iban Pereira, ABC News, 3/31/2023, at https://abcnews.go.com/US/manhattan-da-alvin-bragg-jr-prosecuting-trump/story?id=97989545

* “Let’s break down exactly what Manhattan DA Alvin Bragg’s memo says”, Nicole Gelinas, The New York Post, 1/11/2022, at https://nypost.com/2022/01/11/lets-break-down-exactly-what-manhattan-da-alvin-braggs-memo-says/

* “New York Constitution Article XIII – Public Officers; Section 1 – Oath of office; no other test for public office”, JUSTIA US Law, at https://law.justia.com/constitution/new-york/article-xiii/section-1/

* “The Trump Indictment: Making History in the Worst Possible Way”, Jonathan Turley, Jonathan Turley: Res ipsa loquitur – The thing itself speaks, 3/31/2023, at https://jonathanturley.org/2023/03/31/the-trump-indictment-making-history-in-the-worst-possible-way/

It Stinks to High Heaven

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FBI agents block one of the gates at Trump’s Mar-a-Lago during the raid on August 8.

What stinks?  The FBI’s newly released affidavit in support of a search warrant, that’s what (see below).  Oh, it’s heavily redacted but what it does expose is the insidious operational habits of the Washington Insiders Club, of which the upper echelons of the FBI are charter members.  And to think that a judicial officer approved this monstrosity.  Amazing.

The first big tip-off was the author and chief protagonist for the Trump investigation and the search warrant being “a Special Agent with the FBI assigned to the Washington Field Office”.  I smell a rat, the same set of rodents that scamper the hallways of the J. Edgar Hoover Building (FBI), the Executive Office Building, Langley (CIA), and Pentagon, not to mention the incestuous political den of lobbyists and big-wheel legal eagles who wallow in the same rarified DC cauldron.

The second thing that glaringly stood out was the “referral” to the FBI from the administrators at the National Archives.  It seems that, when it comes to Donald Trump, the big wheels in DC snap to 11, to borrow a little from “This is Spinal Tap”.  They’re on a hair trigger.  In January 2022, the Archives received 15 boxes of materials from Trump.  Hardly did a month go by and they’re off to the FBI demanding a criminal investigation of Trump.  Mmmm, does Hillary/Clinton in 2015 and 2016 remind you of anything?

This is completely unprecedented.  The people who run the National Archives are not gods.  Their demands do not attain the automatic status of the Ten Commandments from the hand of God.  Implicitly recognizing this fact, there’s normally an extended period of negotiations after the transition from one administration to another.  And Trump was cooperating.  Who among that claque would have dared to behave in this manner with Barack Obama?

The statutory basis for the warrant is astoundingly absurd.  The affidavit is junked-up with references to the Presidential Records Act and various provisions on the handling of classified materials.  There’s even a startling mention of an executive order.  What?  Executive Orders exist at the whim of the president.  They are a creature of him and his office.  They only count if he chooses, or unchooses, to make them count.  This only shows that the vigilantes wanted to throw the kitchen sink at Trump.

For the rest of the statutory laundry list, there’s the litany of what constitutes classified materials and the improper handling of them.  When I read this part of the screed, the thought of Hillary Clinton kept popping into my head.  Wasn’t she conducting the nation’s foreign policy from her own private server and cellphone?  And, interestingly as it turned out, there was evidence of the hacking of her devices.  Trump is accused of hypothetical carelessness; Hillary actually did it to the advantage of foreign adversaries.  There’s evidence of it.  And then-Director Comey goes before the press in 2016 to announce that “there really wasn’t a prosecutable case”.  And there is on Trump?  Incredible.

The lack of inquisitiveness and what constitutes a “prosecutable case” has an obvious partisan lean to them.  The affidavit supporting a warrant on Hillary would sound much like the one served on Trump, except there was more evidentiary basis of actual harm to the nation on Hillary’s home server and her personal cellphone.  This should have gone to trial.  And the hush, hush in regards to the laptop of the scion of the Biden dynasty, Hunter, going so far as to troop out other DC partisans who never saw the laptop to tout the line that it was “Russian disinformation” without a shred of evidence, is execrable.  The brazen double standard screams injustice.

Then, if you notice, the warrant’s author engages in an opinion spat with supporters of Trump.  It’s something that belongs on Twitter or the op-ed pages of his/her favorite NY Times or WaPo, going so far as to cite a TV news report of “‘Moving Trucks Spotted At Mar-a-Lago” (item #30).  That’s worse than hearsay.  No one is placed under a presumption of legal sanction to tell the truth in such stories, and they are notorious for casting events to fit a preconceived view.

In what has all the appearances of petty spite, the producer of this gem writes like Paul Krugman picking a fight with Larry Kudlow on Twitter.  He/she targets Breitbart and Kash Patel for special abuse (item #53).  It’s very unseemly in a document meant to justify a government invasion of a person’s home.  This kind of government behavior should anger any American as it did John Hancock, enough to have him sign with a flourish the Declaration of Independence in 1776.

What of the redactions in the affidavit?  If the denizens of the DC snake pit can go before the press to tout the laptop as “Russian disinformation” with no proof, then this discredited crowd has no grounds to dismiss my speculation on the blotted-out names, sources, and methods of investigation.  They boil down to Trump’s possession of classified materials or an assessment of Trump’s evil intent by a group of long-discredited people.  The possession of classified materials by a recent ex-president shouldn’t be surprising.  Negotiations, compromise, and a back-and-forth period are to be expected.  Just because the demi-gods of the Archives in a pique of Trump animus want to go to 11 doesn’t mean that the public ought to tolerate this partisan jihad.

The affidavit still stinks to high heaven.  I am convinced now more than ever that the FBI and the rest of the agencies, bureaus, departments in DC should be farmed out to rest of the country, far beyond the Beltway.  Breakup DC!  Only the most essential skeleton staff should remain.  People like the “Special Agent with the FBI assigned to the Washington Field Office” should get a daily dose of what the rest of the country thinks of them.

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RogerG

Source:
* The affidavit at https://storage.courtlistener.com/recap/gov.uscourts.flsd.617854/gov.uscourts.flsd.617854.102.1.pdf

In the Wake of the Raid on Mar-a-Lago, How Are We to Judge Legal Action Against Trump? With Skepticism!

Former President Donald Trump speaks during a rally to boost Ohio Republican candidates ahead of their May 3 primary election at the county fairgrounds in Delaware, Ohio, April 23, 2022. (Gaelen Morse/Reuters)

Based on what I’ve seen of Trump’s public performances, I would not seek his company.  Loud, overbearing braggarts are not my cup of tea.  That aside, a vendetta, clearly partisan and dripping in class condescension, has accompanied him since the day he rode down the escalator at Trump Tower in June of 2015.  If nothing else, the presence of Trump on the stage has exposed a persistent campaign to get Trump and almost any Republican of consequence by the powers-that-be.  Now, the raid.  How should we view any subsequent prosecution of him?

A writer at National Review Online and lawyer, Dan McLaughlin, lays out a useful standard:

“Find a room full of Americans without college degrees, one in which partisan Democrats are scarce. In three minutes or less, lay out your best evidence and explain why what Trump has done is clearly and obviously against the law — obvious not just to lawyers, but to everyone.  If the room is convinced, then and only then will you know that the case demands you cross the Rubicon.”

Given all that has been done to him by partisan, bureaucratic, and cultural elite interests in the Manhattan-Beltway union, anything less than an obvious and unambiguous case would be seen by at least half the country as a coup. And that includes the current civil suit pursued by the den of Democrat legal militia in New York under the suzerainty of the state’s Democrat AG, Letitia James. At work is more than an insidious institutional Democrat favoritism but a trampling of the equal application of the laws. Nothing galls an observant public more than selective prosecution for political gain.

Batten down the hatches and get prepared for a hurricane.

Political Cartoons by Michael Ramirez

RogerG

Perilous Times in the Age of Mordor, i.e., District of Columbia

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FBI agents block a point of egress at Trump’s Mar-a-Lago estate early morning 8/8/22.

Two days ago, the FBI conducted a raid on President Trump’s Mar-a-Lago estate.  All agree that it was unprecedented.  More than that, it was shocking.   We’ll have to wait for more information before anything more can be definitively concluded.  Still, given all that has happened from 2015 to the present, maybe even going back further to the 1990’s, I am worried for my country.

Yes, we are divided.  The red/blue thing is real. No surprise.  Also, no surprise, DC is deep, deep blue, almost to the color of deep space, and it just so happens to be the seat of immense federal powers.  DC down to its lowliest employee is as one-party as California.  The District is a big seat for the Democratic Party, the party of government, alongside the DNC’s other seats in dysfunctional urban nodes, college campuses, most of corporate media, and Fortune 500 boardrooms – the narrow, isolated cultural satraps of America.

What we know at this point is that a DC-headquartered Justice Department directed the DC headquarters of the FBI to pursue a search warrant before a DC federal magistrate so that the DC FBI could fly down to Palm Beach to search the home of a DC-detested ex-president.  These dysfunctional urban nodes already have an outsized and sometimes malignant influence on the rest of the country, and none is more noxious than DC, similar in toxicity to Mordor.

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DC or Mordor?

Why the sanctioned incursion into Trump’s home?  Frankly, it’s odd if we ignore the inordinate bias in the District.  Andrew C. McCarthy in a piece yesterday morning reasonably speculates that Biden’s people and their natural allies in the bureaucracy are out to pin criminal charges on Trump.  It’s about January 6 and not some classified materials in Trump’s possession.  The documents and the Presidential Records Act were just a pretext.  Breaking into an ex-president’s personal safe and seizing boxes of documents is actually about using the big net of a broad search to capture pieces of incriminating evidence of other flashier criminality for a big show trial later, a common prosecutorial tactic.

Political Cartoons by Bob Gorrell

Now, think about it.  If it’s about January 6, charges in the capitol riot up to now have centered on obstruction of a federal proceeding (counting electoral votes) and defrauding the government (perpetrating lies in order to obstruct).  The AG Garland cabal would have to show that Trump plotted the riot and disseminated knowing falsehoods to encourage the criminal actions.  That’s a big mountain to climb. Fraud requires a personal understanding that the theories are false.  But they’re theories, maybe goofy ones but still theories.  Belief in an exotic legal theory is not a crime.

After all, the henchmen of the Democratic Party have been foisting on the public racist anti-racism, CRT, identity favoritism as “equity”, the disjunction of gender from chromosomes, blatant discrimination against people of faith, defund the police, non-prosecution as public safety, and fighting inflation by opening up the fire hose of government money.  If eccentric legal theories are fraud, well, how do you rate these?   If that is our standard, search warrants could be easily acquired on the Pentagon, CIA headquarters at Langley, the J. Edgar Hoover Building (FBI headquarters in DC), the Justice Department offices, the Treasury Department, the White House, other DC federal office buildings, and almost any college humanities department in the country.

Hanging the prosecution hat on the peg of legal foolhardiness is an exercise in futility.  Taking an active part in the riot has equal difficulties.  Reveling in the scenes on TV is neither evidence of obstruction or fraud.  Unseemly, yes, but not criminal.  The anticipated smoking gun may turn out to be a pop gun that a kid put in the oven.

All in all, it’s a risky venture on the part of the donkey party.  If nothing comes of this but embarrassment for Trump, red America will be enflamed.  What a trade-off: Great dangers in exchange for the likelihood of little reward.  The plebes in the hinterlands could very well conclude that the Democratic Party in their DC redoubt is at war with them.  And, in a way, they’d be right.

After all, the historical record going back to the 1990’s would encourage the conclusion that a monumental threat to the people arises from DC’s cultural and physical cocoon.  Remember Ruby Ridge and Waco?  In both cases, DC-headquartered federal law enforcement in their isolation conducted military-style raids with disastrous results.  DC FBI agents on a plane to Ruby Ridge wrote down broad rules of engagement to shoot anyone with a gun at Weaver’s home.  And, that they did, killing Weaver’s 14-year-old son and his wife as she was holding their infant daughter.  A federal agent in commando-style gear was also killed.  The ATF for its part conducted a Battle of Kursk operation against a religious sect outside Waco culminating in a lethal fire.  The stage for the cataclysms was set in the secluded environs of DC offices.

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Staging area for federal agents next to Randy Weaver’s home at Ruby Ridge, Idaho, 1993.
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The Branch Davidian dormitories consumed in fire after nearly a 2-month siege by federal agents in 1993.

The barbaric overreaction took place in Oklahoma City in 1995, the second anniversary of the Branch Dividian debacle.

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The destruction of the Murrah Building in Oklahoma City after the bombing in 1995.

Fast forward to 2016, and DC and its patron, the Democratic Party, are at war with the results of the 2016 presidential election.  The nexus of the Clinton campaign, the DNC, Obama operatives, the FBI, the CIA, the administrative agencies at one time or another conspired to remove, thwart, and hogtie Trump throughout his term . . . and after.  The Clinton Campaign’s Steele dossier.  The fraudulent FISC warrants based on it. Crossfire Hurricane.  The impeachments, one based on a donkey party agent in the Pentagon.  The Joint Chiefs chairman subverting the authority of the president as commander in chief to our biggest foreign adversary.  And now the hunt for criminal charges against him.  It’s monomaniacal.

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This latest episode smells as bad as the others.  If nothing else, any return of the people’s government back to the people demands that DC be broken up.  Other than the immediate staff of the three branches, the rest should disburse into the boondocks.

Disband or move the DC Circuit Court of Appeals and DC District Court outside the District.  Leave just a municipal court to handle judicial matters for the District’s residents.  Currently, a double system of justice – one for R’s and one for D’s – is clearly evident in the District.  No good has come of federal judges, prosecutors, juries, and grand juries fully marinated in the DC socio-political eco-system.  Till that time, routine changes of venue should be the order of the day.  It’s the only way to stop the inherent partisan weaponization of the District’s justice system.

Trump, as personally repugnant as he is, has given us the time of day.  The clock says it’s time to give Mordor (DC) an induced coma, or induced recession, in order to save our constitutional republic.  Having Mordor look more like today’s Detroit is far healthier for the country than a city with a burgeoning workforce that has forgotten “servant” in public servant.  If allowed to fester untreated, a dark time awaits.  I don’t think that people outside the blue bubbles are going to tolerate for long an oligarchy run out of Mordor.

Political Cartoons by Tom Stiglich

RogerG

Source:

*” The FBI’s Mar-a-Lago Raid: It’s about the Capitol Riot, Not the Mishandling of Classified Information”, Andrew C. McCarthy, at FBI Mar-a-Lago Raid: Capitol Riot Real Reason | National Review

The January 6 Committee: Another “High-Tech Political Lynching” (to borrow from Clarence Thomas)

May be an image of 8 people, people standing and text that says 'JANUARY 6TH Attack on the United States Capitol EXIT 恭者'
The January 6 Committee during Cipollone’s closed-door hearing.

In a June 17 post, I stated, “. . . the January 6 Committee is a farce and Donald Trump is a scoundrel.”  I stand by those conclusions.

That said, a scoundrel need not be a criminal, and the attempt to make the scoundrel one by hook or by crook is an embarrassment to the country.  Thanks, Liz Cheney, for lending your esteemed family name to political behavior that is reminiscent of banana republics and the worst political thuggery of the twentieth century.  Andrew C. McCarthy in his column (see below) on the latest happenings of the January 6th Committee exposes the abomination.

The Committee’s sleight-of-hand maneuvering included the demand that Trump counselor Pat Cipollone testify to add weight to Cassidy Hutchinson’s (aide to Mark Meadows) earlier hearsay testimony that Trump came unglued after his January 6 speech.

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Pat Cipollone, Trump’s White Houe counsel

The Committee then molded the interview in a manner not to allow him to contradict Hutchinson’s hearsay.  Everyone in DC knew that he would, so what did they do?  They didn’t give him the opportunity.  Thus, committee hanging judge Zoe Lofgren (D, Ca.), on a committee of hanging judges, soiled herself with the claim that Cipollone “did not contradict other witnesses”.  Of course, he didn’t. The questioning was structured in such a way as to not allow him to.  What a sham.

Power-hungry prosecutors have a number of techniques at hand to twist testimony.  One is to never ask the witness simply what the person saw, said, or did – point by point.  Contradictions would inevitably arise between the two accounts.  That isn’t good when the goal of the show trial is to put on a show of guilt.  If witness-A’s testimony does the trick, don’t allow witness-B to mess up the script.  And, by the way, declare to the public that B “confirmed” A.

Our modern politics has become a theater of the absurd. In this latest episode, we have a tabloid, combustible, self-indulgent ex-president, a neo-Marxist revolutionary party enthralled by Marx’s ends-justify-means modus operandi, a press that functions as the public relations arm of the revolution, and a couple members of the opposition party who are so blinded by fury at the then-oval-office rascal to the point of cooperating with the revolution.  Stephen King couldn’t come up with a more dramatic cast of characters for a thriller . . . or horror show.

Or maybe Clarence Thomas’s assessment is more accurate when he described his “Borking” as a “high-tech lynching”.  Revolutionary parties seldom have scruples when the revolution is all that matters.  For them, a “lynching” is just fine.

May be a cartoon of text that says '"A11 News FORECAST Chance ParHy Apocalypse Clovdy ThatFits" The Daily Spleen wit BOMBSHELL: JAN. 6 WITNESS HEARD FROM A FRIEND OF A GUY THAT TRUMP'S RUSSIAN HOOKERS GAVE SECRET SERVICE DRIVER A GOLDEN SHOWER IN PRESIDENTIAL LIMO FROM RUSSIA WITH Love PREZ Jan.6 Comm. Adjourns to Burn Down Supreme Court Haynέ 022 AnDREWs mcmeeL EMAIL: hpayne@detroitnews.com'

RogerG
*Andrew C. McCarthy’s column on the Cipollone testimony: https://www.nationalreview.com/2022/07/the-january-6-committees-gamesmanship-on-cipollones-testimony/

Creating a Black Market in Votes

In the wake of the 2016 election, I got into a spat with friends over the issue of voter fraud in our elections. Many dismissed the gravity of the problem in their zeal to hype Hillary’s almost 3 million popular vote margin over Trump. I maintained: Not so fast. The Dems run up the score in the few deep blue states (Actually, the Dems deserve red.). And what about that score? Is the popular vote pristine, meaning one-man-one-vote? Does each ballot represent a vote by an eligible voter? Or, conversely, is the vote total polluted with a lot of noise in the form of ballots emanating from dead people, identity theft, or serial instances of multiple voting. You can’t know the extent the problem till you look.

When we look, we find it. The Heritage Foundation website maintains a log of voter fraud cases. Take a look here.

Last night, Tucker Carlson played a clip of rampant voter fraud in Ilhan Omar’s district (D, Minn. 5th congressional dist.). If the clip wasn’t doctored to tell a lie, then the pictures won’t. If nothing else, they probably pull back the covers on a black market in votes like the one for drugs, sex, porn, or murder-for-hire. See below.

Check fraud is easy if no one checks for ID; likewise in the black market of votes. The fraud is facilitated if voter rolls are infrequently cleaned of the deadwood, as in California in both its forests and voter registration rolls. Add same-day registration and widespread vote-by-mail and the integrity of the popular vote becomes a meaningless talking point.

One antidote is the Electoral College. The Electoral College dilutes the influence of the popular manias in deep blue states as well as malfeasance with the franchise. Like the fact that smartness isn’t evenly distributed in the population, so with corrupted voting in the states. It demands of the winner that he or she have a broader appeal than the corrupted vote totals in a few highly populous states. Now there’s a civics lesson long forgotten.

Check out the website and video.

RogerG

(also on my Facebook page)

Waco and What We’ve Become

“Waco”, the miniseries currently airing on Netflix.

I was surprised and disappointed that Clint Eastwood’s “Jewell” didn’t do better at the box office. The poor showing wasn’t due to a lack of cinematic craftsmanship. It was well-made and acted with a riveting script. I have only speculation, but it sure seems like today’s public is squeamish about such offerings. Could it be a byproduct of a broad revulsion of our incendiary politics? Escapism might be more appealing because the quality of our public discourse is so appalling. That’s my guess. I hope that Netflix’s “Waco” doesn’t experience the same fate. It cries out to be seen.

Eastwood’s story is riveting, as is “Waco”. Richard Jewell was tarnished by nothing more than a FBI profile (of the “lone bomber” and the “hero syndrome” psyche hypotheses) – profiling being an investigative technique to narrow the range of suspects, not to ignore evidence and hound a person. An institutional psychosis grips and propels agents toward a particular suspect or set of actions to the exclusion of any other possibilities. All of it is based on nothing more than an abstraction that straitjackets the minds of government agents.

The potential for tunnel vision, fueled by this institutional psychosis, intensifies as the responsible agency is administratively removed from local circumstances. The FBI in 1996 was obsessed with Richard Jewell in Atlanta, and the ATF/FBI in 1993 was consumed with Vernon Howell, aka David Koresh, outside Waco, Texas, as the US Marshals Service and FBI were with Randy Weaver at Ruby Ridge, Idaho, in 1992. Caricatures were formed and plans made from afar, and then imposed on a locality. The fallout included Jewell’s unjustifiably tarred reputation, 79 dead in the inferno at Waco, and the killing of Weaver’s wife, Vicky, and son, Sammy (age 14), at Ruby Ridge. We might as well include the yang of the Oklahoma City bombing, killing 168, to the yin of Waco. Innocents all; lives cut short. It’s not a matter of saints and sinners. It’s a matter of a grotesque abuse of power that is broadly ignored as such. Easy to do when decision making is centralized and distant.

Randy Weaver and family. Federal authorities would kill his wife, Vicky (next to Randy) and son, Sammy (seated at his mother’s feet).
Randy Weaver’s home at Ruby Ridge, southwest of Bonner’s Ferry, Idaho.

By the way, what was with the 1990’s? Now that’s a question awaiting serious consideration.

Far more troubling for us today is the public’s apparent assent to this state of affairs. Are we becoming the type of people who are increasingly willing to turn over our right to govern ourselves to a narrow class of specialized “experts” employed in government service? Are we becoming sheep? One has to wonder.

Interestingly, the character of Janet Reno had a brief appearance in Netflix’s “Waco”. She approved the final assault on the Branch Dividian compound when informed of unproven accusations of child abuse at the Mt. Carmel estate. Janet Reno cut her teeth on successfully prosecuting child abuse cases in the 1980’s as chief prosecutor of Dade County, Florida, and rode her success to fame and the office of Attorney General of the United States under Bill Clinton.

Janet Reno takes the oath as attorney general during a ceremony at the White House on March 12, 1993, while President Bill Clinton watches. (photo: Barry Thumma/AP)

Oh, one important fact about Janet Reno: she devised a prosecutorial recipe – the infamous “Miami method” – for carrying out a mammoth miscarriage of justice by railroading many innocent people into long prison terms and setting off a daycare child-abuse hysteria that gripped the country in the 1980’s and early 1990’s. Almost all of the convictions have been overturned and ample payouts awarded for false prosecution by states and localities who followed the Pied Piper of Dade County. The story is vividly portrayed in PBS’s “The Child Terror” and in the work of journalist Dorothy Rabinowitz in publications like the Wall Street Journal. From her perch in Washington, DC, Reno was inflicted on the Branch Davidians.

A page from the PBS website for “The Child Terror”.

Part of the problem in our thinking is the nomenclature for the government headquartered in DC. You know, the one surrounding The Mall. We try to avoid calling it what it is: a “central” government. “Central” is unsettling to a nation who sees itself as geographically and culturally diverse with the accompanying and long-established regional loyalties, and a governmental structure to reflect it. If you doubt the belief’s persistence, attend a pro or college football game. Regionalism is rampant.

The word “federal” in reference to the one headquartered in DC is the odd duck in the field. “Federal” pertains to a system of state and national sovereignties, not just the central one. The word is an awkward fit when applied to those manning our national bureaucracies. More accurately, they are “national” or “central” government authorities.

The fuzzy wording hides the reality that the DC government has been centralizing since Woodrow Wilson took the oath of office in 1913 (or maybe it was TR in 1901). The zenith of concentration is a very high plateau of power for our DC authorities running from the New Deal of the 1930’s through the Great Society of the 1960’s to our current Great American Shutdown. The decentralizing efforts of the Nixon/Reagan/Gingrich triumvirate were just hiccups along the way.

Let’s count the ways of DC’s consolidation of power. How do we, the general public, view our national chief executive? George Will’s use of “caesaropapism” for the popular conception of the presidency is apt. DC has been a hot real estate market since FDR’s alphabet soup of “federal” agencies. The commerce clause of the Constitution has been exploited to impose a national floor on wages, the amount of allowable particulate matter in a locality, our car’s fuel economy, whether to cut down a tree, bans on guns that look mean, and nearly everything between … including light bulbs. Huge swaths of our population are dependent on a national bureaucracy’s paycheck or handout. The Supreme Court through its edicts has turned the states into handmaidens of DC. With its ATF, Marshals Service, and FBI, DC has extensive and expansive police forces with a very long reach. Many of them in personnel and behavior mirror the other armed branch of the central government, the military.

The DC government is primed and ready to be at war with its citizens. I have warmed to the complaint about the militarization of law enforcement. Long a talking point of the left, it nonetheless has resonance in light of the increasing recruitment of ex-military into law enforcement, the formation of law enforcement special forces in the form of SWAT teams, and tactics and equipment more appropriate for storming Baghdad. David Koresh looked out the window of his Mt. Carmel compound and saw something familiar to Wehrmacht and Russian officers as they viewed the soon-to-be battlefield of Kursk in 1943.

Tanks in the final assault on the Branch Davidian compound.

Randy Weaver at Ruby Ridge might have thought that he was beset by Viet Cong and North Vietnamese regulars like Lt. Colonel Hal Moore’s battalion in the Ia Drang Valley in 1965 (captured in Randall Wallace’s and Mel Gibson’s film, “We Were Soldiers”). “Enemy” patrols and snipers surrounded his family cabin, but he didn’t have Moore’s advantage of airpower and artillery. More aptly, he was Custer at the Little Big Horn.

The thread of concentration runs right through the past and onward to the Great American Shutdown of 2020. The potentates in DC without reservation, in essence, commanded us to stop living. It was a nationwide cease-and-desist order to end the actions that define living. Many governors – mostly blue state ones – see themselves as mini-Woodrow Wilsons, or caesaropapists, and began arresting dads playing with their children in parks or surfers 30 yards offshore. When a local government stood in his way, California’s Governor Gavin Newsom steamrolled Newport Beach. Many of them announced the extended euthanization of their states well into June, maybe beyond. Do you doubt any of them, if they won the presidency, would hesitate in making the act of going to work a crime or using their immense law enforcement powers to assault any group not culturally and politically correct? The real viral threat is this massive abuse of power, not a bug from China.

SAN RAFAEL, CA – MARCH 22: McNears Beach County Park in San Rafael, Calif. was among the parks to close in Marin County on Sunday, March 22, 2020. (Sherry LaVars/Marin Independent Journal)

The stage is set for an edict to kill society at the start of every flu season. Is that even possible? Yes, it’s possible, but not sustainable. It’s no more sustainable than to allow more law enforcement power to accrue in the DC headquarters of the FBI, ATF, and other branches of centralized police forces.

We need to be constantly reminded of the dangers. See Netflix’s “Waco” for a refresher course.

RogerG

McCabe’s Non-prosecution and DC

Acting FBI Director Andrew McCabe testifies before a Senate Intelligence Committee hearing on the Foreign Intelligence Surveillance Act (FISA) in Washington, U.S., June 7, 2017. (REUTERS/Kevin Lamarque)

If what your enemies say about you can amount to a claim of credibility, then Andrew C. McCarthy passes the test. He’s been lambasted by the Dem-Left as a hack and Trumpkins as a partisan of the “deep state”.  They are both wrong.  As a seasoned US attorney, he tries to objectively see the subject from many angles.  When looking at the McCabe case, his analysis may not be dispositive but it lacks the hyperbole often found on MSNBC and the Trump-o-philes on Fox News. In McCarthys’ rendering, as I discern it, the McCabe case stinks of DC.

Andrew C. McCarthy

The DOJ’s decision not to pursue prosecution of McCabe has 3 factors swirling about.  First, it’s hard to convict when star witnesses for the prosecution (like Lisa Page) are twisting testimony to the advantage of the defense.

Second, Trump smears the criminal justice process with his Tweet-rants.  It’s hard to convict when all involved are continually exposed to announcements from the White House that the defendant is a “liar”, etc.  The president as the ultimate chief prosecutor is mucking up the constitutional right to a fair trial.  He has a “right” to free speech, as Hannity is wont of saying, but his “right” clashes with the “rights” of others.  If Trump was a prosecutor – which he is as chief executive – he’d be sanctioned by the court.  And he does this in DC, a place already with a deep and popular disdain for him and Republicans in general.

That leads me, finally, to the messy matter of a forever-tainted jury pool in DC.  Overwhelmingly anti-Republican and anti-Trump sentiment are so deeply embedded in the DC population that Democrats are more-likely-than-not to skate.  The story of the jury forewoman in the Roger Stone trial is a good case in point.  For prosecutors of any Obama associate, they’d have to get beyond jury selection from a broad Resistance demography.  It’d be like getting a conviction in a lynching case in the Deep South after Reconstruction.  Currently in DC, a prominent Republican in the dock would get a hang ’em jury and a Democrat would have the advantage of jury nullification (a blanket refusal to convict).  In DC, just remove the blindfold from the statue of the lady of justice.

All the more reason to strip DC of many of its administrative functions.  Ship them out to environs less congenial.  Pick a Midwestern state.  Otherwise, we’ll be saddled with an unhinged and Democrat-dominated federal government for as far as the eye can see.  Elections, all of a sudden, become less important.  Were they ever, at least since FDR?

RogerG

Go See “Richard Jewell”

Not to see Clint Eastwood’s latest film “Richard Jewell” is to engage in citizenship malpractice.

The real Richard A. Jewell, 1997. (photo: Greg Gibson/Associated Press, 1997)

Every citizen should see Eastwood’s portrayal of how well-meaning people in powerful government positions, allied to rambunctious reporters, can be so awfully wrong and mature into a malevolent force without even knowing it.  It’s how prosecutors can pursue an individual, wrongfully convict the person, pursue harsh sentencing, and resist any effort to set the record straight.  It’s how investigations are pursued on the flimsiest of “probable cause” and can morph into other investigations because it is heartily believed that the guy must have committed some crime somewhere, somehow.  Does this remind you of the events leading to the current impeachment melee?

A notion gets stuck in the craw of government officials – call it a “profile”, an expectation about the kind of person who commit these sinful acts – and persists until action is taken to the detriment of all.  Richard Jewell was slapped by the powers-that-be as symptomatic of the “hero syndrome” (creating a situation or crime to become a hero).  The media’s and the FBI’s “rush to judgment” led to Jewell’s public humiliation as the Olympic Park bomber in 1996 – only 7 years later to find the real culprit, Eric Rudolph.

Eric Robert Rudolph being escorted from the Cherokee County Jail for a hearing in federal court in 2003 after being on the run for five years.

False ideas creep into the heads of mighty people in a burgeoning and energetic federal government.  And if these people have guns, watch out!  It’s how we can have a Ruby Ridge (1992).  It’s how we can experience a Waco (assault on David Koresh’s compound, 1993).  It’s how we can have serial investigations of a presidential candidate as a “Russian mole”, and later to try to pin something else on him when the first effort failed in the belief that he’s still corrupt to the core.

The Branch Davidian compound, Waco, Tx., Feb.28, 1993.

There’s something in the government ether from the 1990’s to the present that is so insidious.  No, it’s not a “deep state”.  It’s something endemic – or generic – to government.  The Founders’ idea of government as a necessary evil is as true today as it ever was.  It’s a lesson we had better repeatedly teach ourselves and our young.

RogerG

Break Up the Nest

Kudos to Senators Josh Hawley (R, Mo.) and Marsha Blackburn (R, Tn.) for attempting to really drain the swamp.  Their bill, S. 2672, would move “90% of the positions in 10 Cabinet-level departments out of D.C.”  What a great idea: break up the place!  The thought occurred to me some time ago as the Trump-collusion imbroglio was gaining steam and I was reading Geof Shepard’s “The Real Watergate Scandal” on my Kindle.  Come to think of it, a real state depression in DC wouldn’t be such a bad thing for the country.

Blackburn and Hawley.

All those minions scurrying about DC have created a world all their own.  The progressives of the late 19th century assured us that the halcyon days of good government would be upon us if only more power was deposited in the hands of degreed professionals who were educated to treat all of reality as a matter for “science”.  In other words, people like themselves.

Ironically, they ignored the implications of the “science” of people both as individuals and in large groups.  People are simultaneously self-serving and altruistic, and not in equal measure – usually to the detriment of altruism.  As a collective, they create a distinct society with its own norms and expectations.  It’s a world unto itself.

The skyline of Washington, D.C., including the U.S. Capitol building, Washington Monument, Lincoln Memorial, and National Mall, is seen from the air, January 29, 2010. (Saul Loeb/AFP)

A trip into the world of the Watergate scandal sheds light on the brave new world of this administrative state.  Let’s examine 3 prominent characters in the now bastardized but popular version of the story: Clark Mollenhoff, Mark Felt, and Bob Woodward.

Mollenhoff was a DC reporter and well-connected lawyer and friend of presiding judge John Sirica (Sirica is another of these networked DC folks).  Not only was he well-connected, he got a position in the first year of the Nixon White House.  His ambition to have direct access to Nixon and be Nixon’s premier sage was thwarted by learning that he would have to work under Haldeman and Ehrlichman.  The job didn’t last much longer than a year.  He becomes another of the disgruntled operatives – one among many thousands populating the District – roaming about looking for outlets for their scorn.  In clearly improper, if not illegal, ex-parte meetings with Sirica, he would fill that coveted role of “sage”.

Clark Mollenhoff

Mark Felt, ex-Associate Director of the FBI, is another example of a person with stymied high aspirations.  Passed over for the FBI directorate – it was handed to L. Patrick Gray – he simmered as second fiddle.  He willingly became an espionage agent for Bernstein and Woodward as “Deep Throat”.

Former FBI official W. Mark Felt arrive at federal court in Washington 9/18 for the continuation of his trial on charges of approving illegal break-ins during the Nixon Administration.

Finally, what about Bob Woodward?  He made his name in DC circles as an aide to Admiral Thomas Hinman Moorer, Chairman of the Joint Chiefs of Staff.  His connections would be useful in his second career as WaPo muckraker.

Carl Bernstein, left, and Robert Woodward, who pressed the Watergate investigation, in Washington, D.C., May 7, 1973. (photo: AP)

What to make of all this?  The country is governed in a bog-like slough of cliques, the excessively ambitious, and self-serving inter-relationships.  If you’re an outsider from Ashtabula, beware!

Trump, does this sound familiar?

Forget all that stuff about rule by the people.  Progressives bequeathed to us a government of an unaccountable nomenklatura.

That’s right, Blackburn and Hawley, we have no realistic recourse but to break it up!  Break it up, and do so quickly.

 

RogerG