Showing posts with label Dershowitz. Show all posts
Showing posts with label Dershowitz. Show all posts

Tuesday, January 28, 2020

Greatest show on earth: Impeachment Circus

Finally, the impeachment has started. No big surprises so far, which means that I've been well informed, the news media has been on top on information, and the politicos have generally stuck to the positions they had already signaled.

'If you have the facts on your side, pound the facts...'

I listened in a bits and pieces of the House managers case, which was laid out over 3 days. They hit the evidence very hard. Lots of video, lots of evidence discussed. I didn't hear any histrionics, which also makes sense because histrionics and hyperbole would damage a case based on fact.

They do have a strong case. The testimony and other evidence all points to Trump putting a hold on aid to Ukraine while trying to extract a favor--the announcement of an investigation into the Biden family's role in Ukraine corruption. This looks like extortion, coercion, election chicanery, strong-arm tactics--otherwise known as abuse of power.

And now, the defense...

I haven't seen any good explanation refuting this interpretation of the evidence. The laughable arguments against the charge of abuse of power have been that it's hearsay (not once the phone call was released), that the president has the right to make these choices, that blocking the president's choices is treason or usurpation, that it's not extortion or coercion because the Ukrainian president denies feeling pressured, and that the money was released, so no harm and no foul, everything is OK.

The best defense was attempted by Mick Mulvaney, who said there were three conditions for releasing the aid: progress on corruption, Ukraine persuading other countries to provide aid, and cooperation with the Justice Department investigation of 2016 election interference. 

If any of the that had indeed been the reason aid was withheld, then the abuse of power charge would have been severely weakened. However, the 'three conditions' seem to have been a whitewash. There isn't evidence that they were ever the conditions. Oh dear. Someone should have been on the ball with the cover story back during the summer. But no one was, perhaps because Trump is not only corrupt but he is also inept, as are his toadies.

'If you have neither the facts nor the law, pound the table'

So what will Trump's team offer as a defense? So far it seems like a mishmash. The largest point seems to be that the charges are false and are a fabrication by angry officials who want to oust the president. This isn't so much an argument about specific pieces of evidence as a denunciation of everything to do with the impeachment.

However, not being able to refute the evidence is a problem. One can claim that the charges are totally bogus, but usually you'd get into the particulars. "No, Your Honor, I couldn't have robbed the bank because I was at work that entire morning as twenty co-workers will testify."

So Trump supporters are trying to say the charges are bogus without being able to refute any of the details. They can make the point that many Dems have been trying to stymie Trump since he was elected. That is true. But it doesn't quash all those particulars related to Ukraine--the aid, the phone calls, the directions to work with Giuliani, etc.

Unfortunately, virtually no one from the GOP camp has been honest about this situation with the evidence. Justin Amash was, but that was months ago, and Amash was a renegade who was easily dismissed. No one of stature in the GOP has stood up and pointed out the evidence and said that it's a pretty huge, heaping pile of evidence that doesn't seem to be crumbling.

So the Republicans have ended up looking like yes men. Yet, when Schiff pointed this out, and referred to a newstory that the GOP senators were threatened (head on a pike if they didn't toe the line), those GOP senators were outraged!!! Sorry, folks, but that's what it looks like. You guys are too cowed to look at the evidence and call it as it plainly looks.

The lonely honest defense

Only National Review has made a reasonable argument: that Trump's actions were wrong, but the electorate can and will have the final say in just a few months, so let them do that. No one else seems to be interested in doing so. I guess the Republicans as a whole will stick with ignoring the evidence and mouthing talking points. They have to hope that most people are such partisans that no one will notice. There's an excellent chance of that. So, really, do the arguments even matter?

Should I have sympathy for the GOP senators? They have to listen to the evidence and then pretend it doesn't add up to anything. They're reenacting a version of the Emperor's New Clothes, which is a painful situation. However, if they are just going to be mice, maybe they don't deserve the respect generally given to senators.

Image: cartoonistgroup.com

Extras. Direct quotes from a large cross-section of senators. Now that the defense presentation is done, here is a summary along with notes as largely shooting huge holes in it. Lots of embarrassed reactions from senators here. Humor here, as senators claim to be blindsided. More humor, as lawyers like Ken Starr and Alan Dershowitz reverse their earlier positions. Pay no attention to all that Giuliani talk--a version of there's nothing to see, so don't even look? The same with Bolton--no need for him to testify. On the other hand, Biden really is an issue.

Update 12/31/20. News that Giuliani lobbied for a Ukrainian connection to the same Zelensky adviser who was receiving directions on how to placate Trump. There had been a question on who was paying for Giuliani's travel during the question portion of the impeachment trial. Now we have a clue.

Update Februaryish. This whole Ukraine scandal has been a parade of lies and lame excuses from the Trump administration and their GOP/conservative supporters. Somehow these public servants want to know more about the whistleblower than the actions he blew the whistle on. Hell, there's hardly any interest in that. A few GOP senators are agreeing that Trump did something wrong. How the GOP smears: Stories about the whistleblower.

Saturday, January 4, 2020

Impeachment follies - the slow beginning

I expect bigger impeachment fireworks in the future, but the recent developments deserve note. The House voted largely on party lines to impeach Trump for extorting Ukraine and contempt of Congress for mostly stonewalling their investigation.

I support the investigation, and I support the impeachment (see revised opinion here). I personally wouldn't vote to remove him from office for these infractions unless there was a repeat of the kind of behavior as happened to Ukraine. Make no mistake, though. This was a serious infraction, and deserves a full investigation and a huge load of criticism. It's much worse than Bill Clinton lying during a deposition about his sexual activities.

Even though the House voted to impeach, Nancy Pelosi isn't moving ahead to the Senate trial because it looks like Mitch McConnell intends to run a joke of a trial there. It's not clear that the House advocates (officially called 'managers') will be allowed to call witnesses to testify at the Senate. It would be like a trial with no rights allowed for the prosecutor to make a case. So basically a sham, and not in accordance with the historical practice.

Pelosi is not wrong to hold up the impeachment and shine a light on this attempt to suborn the process. In the meantime, the GOP is running its propaganda machine and trying as hard as possible to avoid the process. They don't seem to care what precedents they break, but McConnell was like that when it came time to replace a dead Supreme Court justice with a live one. Precedents only matter when they help you, not when they might prevent you from maximizing your party's power.

Letter from Trump to Pelosi

The letter was authored by Trump and some advisers who provided phrases that sounded more intelligent than 'you stink.' It's not at all a legal opinion, but a kitchen sink overflowing with lame talking points and complaints. Trump is obviously not planning to fight the impeachment as a legal question, but more like a political campaign--where you praise yourself and blast your opponent and the niceties of accuracy are shoved aside. It's also clear that Mitch McConnell isn't going to enforce decorum or a fair process.

The letter was grist for a critique on logic--one of my favorite topics. I could go on much longer than the critique does, but it's still a rare, and therefore valuable instance of actually examining some arguments that are made.

Backlash against a Christian ethical viewpoint

The editor of a moderately popular Christian newsletter bit the bullet and argued that Trump is unfit for office and should be removed. Cue an amazing amount of outrage, as though the editor hadn't pointed out the obvious. In fact, the editorial didn't criticize Trump until its fifth paragraph--that's how much of a preamble they felt they needed before biting that bullet and saying clearly that Trump abused his power and therefore is unfit.

Most of the counterarguments don't dispute the facts, but make the expedient argument that Christianity will suffer without all the support Trump has given. Trump-- a bad man, maybe, but OUR bad man.

I'm under the impression that Christian ethics are supposed to be more ethical than that. Christianity Today was trying to make the argument that character matters. Most of Trump's Christian supporters have to deny that or delude themselves and adopt an ends-justify-the-means mindset. Not what Jesus preached.

The follow-up to the editorial moderated quite a bit. There was some aspects about the Trump administration to be celebrated, but also much that was unethical, like his race-baiting, cruelty to immigrants, and greed. The follow-up doesn't mention that Trump is unfit by his actions and his character, but seems to focus more on Trump being bad PR for American evangelicals. Ummm, is this expedience creeping in? I had much more respect when Christianity Today was willing to give witness to the specific acts were wrong, and that Trump was "morally unable to lead." Maybe it's hard to be as blunt when your fellow Christians have leveled a barrage of stones at your head.

Image: pinterest.com

Update 1/9/20. There have been a series of developments all concerning how the impeachment trial in the Senate will be run. McConnell indicated that he wasn't going to do a standard trial with witnesses being called and testifying about the charges. There were suggestions that McConnell wouldn't allow any witnesses called, and maybe have speeches by senators followed by a pre-ordained acquittal or dismissal of charges. Pelosi and those in the House want much more of a show than that, so Pelosi still hasn't handed the impeachment charges to the Senate.

Pelosi may have to fold eventually. She doesn't seem to have the power or the public support to force the Senate GOP to call witnesses. The country seems complacent about it, and it's hard to blame them. It is a foregone conclusion that Trump will be acquitted. So what is the point now? It seems to be to show how partisan the Senate GOP is. No surprise there. They've been hyper-partisan for over two decades, and it's only gotten worse. So a sham impeachment trial - NO SURPRISE THERE!!!! Remember, these are the folks who wouldn't replace a dead Supreme Court justice with a live one, so they'll certainly have a sham impeachment trial.

The defense of the president has varied:

  1. He didn't do any real harm because the money was released.
  2. It's not a crime on the lawbooks, folks! 
  3. Biden definitely needs to be investigated.
  4. No quid pro quo! (maybe that's a variant of not a crime, folks!).
  5. The Dems never quit with the complaints and plans to impeach Trump. 
  6. The economy is great, so leave the prez alone!
  7. It's just bunch of State Department whiners who are angry that Trump bypassed them.
  8. No, there wasn't any personal advantage to Trump. None at all.
I imagine all of these defenses, and maybe a few others, will be floated at the trial. McConnell is hinting that it will happen soon even if he has to break a couple more precedents. Well, I shouldn't be surprised by that. 

Extras. The Defense Department tried to figure out what to do as the funds were on hold and it wasn't clear why. Disgraced Rod Blagojevich claims (from prison) that the current Dems are such scum that they'd even impeach Lincoln. What is sickening kiss-up, but then he is in prison.

Update 1/15/20. The House released new information. Not surprisingly, it centers on human hand grenade Giuliani. Yes, he seems even scummier, but not by much.

Update 1/19/20. More new information. Giuliani associate Parnas was also working closely with an aide to Nunes (that incredibly honest fellow). The impeachment articles were passed to the Senate on 1/16/20. The trial will start on 1/21/20. Trump added four more attorneys to his team including Ken Starr (probably still an attack dog) and Alan Dershowitz who has just become legal and publicity whore of epic proportions. Dershowitz won't vote for him, but will go on TV for him and spin incredible legal fairytales. I'll have to watch for the fireworks. Here is a surprisingly sober and not at all boring analysis of Trump's strategy. Basically he'll energize his base, and it's working.

Analysis by the Wall Street Journal, by way of Politico: "The stark tribalism [in the GOP] has led those who want long-term futures in the party to get in line behind the president and those who have had enough to retire quietly without risking a noisy and disruptive exit. Twenty-six House Republicans have announced they are leaving the House since the 2018 midterm elections, when the party’s moderate wing took major casualties as Democrats won the majority. Not one of those retirees, including several moderates, voted against the party line on impeachment."

Update 1/20/20. Another article about Parnas trying to set up meetings and influence. This guy is quite the headache for Trump and Giuliani because their deniability is nil. He definitely seems to have been working with Giuliani in Ukraine. 

Monday, June 18, 2018

June links

This has been an interesting month. Real things are happening. The long-awaited Inspect General's report about the FBI has been released. Trump and the despotic leader of North Korea insulted each other and almost torpedoed their summit, but then it was back on. Of course Trump is acting like he's saved the world from a huge threat without caring about the details, reality, or truth. But that's not new for him. Trump is never about substance or reality. It's about the show and ratings.

FBI official taking the fifth. Congress wants testimony from Andrew McCabe (probably for partisan show). However, the Department of Justice is considering charges against him, so he'll probably take the fifth in front of Congress.Normally, I'd think that is terrible, but considering he's likely to be facing charges, it makes good sense. I'm not sure why, but I have a somewhat good impression of McCabe. Maybe because he hasn't showboated or thrown anyone under the bus. However, the current director of the FBI demoted him, so it seems like there is something questionable there. And the reaction from the new FBI director? 'We need more rigorous training in being fair.'

How bad is James Clapper? Clapper is one of the many boogeymen according to those in conservative circles who believe in the horror of the 'deep state.' There's him, Comey, Loretta Lynch, Brennan, Rosenstein, and probably countless others. What exacting did Clapper do to earn that reputation? I had to look it up because no one was repeating it, just that he was evil. Supposedly his huge sin was lying to Congress about the NSA data gathering programs. His real sin was saying that Trump is a liar and unserious (my paraphrase). In this write-up of an interview, Clapper makes a lot of sense. Michael Flynn was probably played by the Russians, the Russians probably did tip the election, but we're probably going to survive this and come out stronger afterward. Sensible and reasonable.

Round-up on Inspector General's report. CNN has a series of short, readable clips about the significance of the report. Alan Dershowitz, legal savant and media whore, blasts Comey based on information from the report. Nice to know that Dershowitz has an infallible sense of how to handle fraught situations. He thinks Rosenstein has to recuse himself, and then oversight will fall into the lap of someone who will oversee the Mueller probe with perfect judgment. No, wait, there shouldn't even be a special counsel because there are people in the Justice Department who can handle the investigation without bias... if we're lucky enough that they're the ones who are appointed to do it and nobody interferes with them, like firing them or pointing a biased person in to supervise them.

Educated observer's report on Russia. Just the kind of rationality we need to read sometimes. Strip away hype, fear, and posturing, and you get this kind of reporting. It's great to have non-hyped, non-scary reporting about Russia.

Educated analysis of Pax Americana. This is a fairly long read as my links go, but worthwhile in that it asks questions and looks behind the explanations and mythology of US policies. I read it with an eye to what realistic expectations should be, not idealized expectations. After all, we live in a real world with many dangers, and you have to respond to danger in ways that are effective.

History lesson about altruism. The US helped a lot of countries through the Marshall Plan, and benefited from the peace and prosperity it fostered. Or we could have had a lot more communism.

Resegregation via charter school. Some places in the US, segregation never ended. Now there is a new way to create it or support it, and it's funded via tax dollars.

Football kneeling protest. I'm a supporter of this protest, which I find to be very dignified and respectful. In fact, I can't find anything disrespectful in it. I liked this statement from one of the leaders of the Philadelphia Eagles about the controversy around the protest. I compare this with the insults leveled at players, and it's no contest whom I respect more.

Helpful information for a rare situation. A woman was recently killed by an alligator in Florida. This report tells how to avoid that (stay far enough away from waterfront at dusk, nighttime, and dawn), how to run, and how to fight if you need to. Not much to remember. Good advice.

Copy-paste internet threat. I didn't realize this was a thing. I don't believe the threats made against me over the internet. A few people may be savvy enough to figure out who I am, but very few. So the threats are so likely to be rubbish that I've never worried. But it's incredible and ridiculous to find out there is a meme of threat--a veritable script that people copy and adapt. I guess it's too much work to make up your own bizarre threats, so just borrow something.

Image: irishtimes.com

Tuesday, April 17, 2018

History for Amnesiacs: What Mueller is investigating

The idiotic talking point among some conservatives is that the Mueller investigation is illegitimate, and was from the beginning. There wasn't any real evidence that deserved investigation. It's all been fake news and a conspiracy by the deep state. Many even call it a coup.

I read this so often that I made a list of the evidence that thoroughly justifies an investigation:

  1. The Russians hacked the DNC and gave the hacked emails to Wikileaks, thereby affecting the election. It may not have changed the outcome, but it was an attempt to do so, and was criminal activity. 
  2. The Russians hacked state voter databases. They probably hacked more than that too. 
  3. Trump has had a lot of contacts with Russians over the years.
  4. Many Trump advisers have had a lot of contacts with Russians.
  5. Trump advisers had contacts with Russians during the campaign. Sessions didn't fully disclose this information.
  6. Trump denied the meddling of the Russians and appeared ready to lift sanctions. 
  7. Trump fired the FBI director who was overseeing the investigation. 
  8. The fired FBI director recounted Trump asking for loyalty and for a pass for one of his former advisers.

That is plenty to warrant an investigation. The Mueller investigation should be happening, and should continue.

Some talking-point parrots trot out lawyer and presumed Democrat Alan Dershowitz as an ally. However, Dershowitz doesn't agree that there isn't evidence. He writes:
But there was plenty of evidence that Russian operatives had tried to interfere with the 2016 presidential election, and perhaps other elections, in the hope of destabilizing democracy. Yet, appointing a special counsel to look for crimes, behind the closed doors of a grand jury, was precisely the wrong way to address this ongoing challenge to our democracy.
Dershowitz follows up with this overstatement:
It [the Mueller investigation] has politicized our justice system beyond repair... In our age of hyperpartisanship, the public has understandably lost confidence in the ability and willingness of our leaders to separate their political views from their law enforcement decisions.
...Let Congress now appoint a nonpartisan commission to conduct a transparent investigation of Russia’s efforts to influence our elections. Let the special counsel suspend his investigation until the nonpartisan commission issues its report. If the report identifies crimes and criminals, there will be time enough to indict and prosecute. Right now, we need the nonpartisan truth, because we aren’t getting it from the special counsel.
Ahem, what is the evidence that Mueller isn't working on providing nonpartisan truth, also known as the truth?

 If anything, Congress has shown that it can't be trusted to seek and share the truth. Remember the dueling memos?

No, I'd much rather that Mueller continue. As for Dershowitz, I saw him described as a publicity whore hound. Wait, that's from 1989. I'm sure he's overcome that tendency by now.

Whatever. Mueller should continue, wrap up as soon as possible, and issue a detailed report of the facts.

Image: cnn.com