Monday, December 4, 2017

Trump attorney claims Trump above the rule of law


"President cannot obstruct justice because he is the chief law enforcement officer under [the Constitution's Article II] and has every right to express his view of any case," attorney John Dowd told  Axios."

Of course, this was Trump's attorney speaking, not the president himself. Besides, Trump not only expressed his opinion, he fired Comey, later stating he had the Russian probe on his mind at the time. Trump's recent tweet, allegedly written by his attorney, he fired Flynn because he knew Flynn had lied to the FBI has become another possible indication of his intent to obstruct justice since he knew Flynn had committed a crime of lying to the FBI and asked Comey to go easy on him.   http://www.cnn.com/2Fl017/05/12/politics/trump-comey-russia-thing/index.html
https://www.nbcnews.com/news/us-news/trump-s-lawyer-claims-responsibility-trump-s-problematic-tweet-n826036
Nonetheless, Dowd's comments  reminds me of Richard Nixon's famous 1977 interview with David Frost in the midst of Watergate, the last time a President overtly claimed his actions were above the law. ".when the president does it, that means it's not illegal". The issue over turning over the tapes that would incriminate him went to the US Supreme Court, which ruled that Nixon's privileges did not extend to this issue. The situation is different here, but if Watergate set the precedence was that Nixon was not above the rule of law.
https://www.washingtonpost.com/opinions/nixon-thought-he-was-above-the-law/2013/01/18/20ed22cc-5e7f-11e2-8acb-ab5cb77e95c8_story.htmlhttps://www.casebriefs.com/blog/law/evidence/evidence-keyed-to-waltz/governmental-priveleges/united-states-v-nixon/
Nixon's lawyers argued that this was a dispute between   parts of the executive branch over which he had control.  That did not fly.  The Court ruled that while the president had many powers, he could not claim that when other parts of the Constitution were involved, such as the right to a speedy trial. The facts are difference in Trump's case, but the principles are similar.  We do have a different balance in the Supreme Court, too,  with the appointment of Neil Gorsuch. It tilts right. If this ever ends up in the Supreme Court, who knows. Obstruction of justice was the prime charge  that resulted in the Watergate impeachment action.The same defense approach was tried by Bill Clinton in his House impeachment trial, and it, too, failed, though he was acquitted by the Senate for other reasons..

 More than likely, with the House in the hand of the GOP, and the House has to initiate the impeachment process, nothing will happen.  However, this could be the chief Democratic attack in 2018 that could result in a change in House leadership and a Democratic majority.  Aside from the pain certain constituents will feel due to the "tax reform" bill or the failure of "trickle down", I can see Democrats arguing if you want Trump impeached, vote for the Democrat standing for Congress and/or if you want to check the failed absolute rule of the GOP of all branches of government, vote Democratic.  All House seats are up for election in 2018 and there is a numerical chance the House could flip.  That chance does not exist for the Senate in 2018, because only one/third of seats, mostly Democratic, are up for grabs. However, 2020 could see a backlash in both the Senate and White House.

http://abcnews.go.com/US/richard-nixon-bill-clinton-faced-impeachment-obstruction-justice/story?id=47460022

Sunday, December 3, 2017

Fallout from Senate GOP tax plan likely if Conference committee changes little


https://www.facebook.com/photo.php?fbid=10155952835499628&set=a.19398164627.24077.504024627&type=3&theater

The fallout from Senate GOP tax reform if included in the bill's final form: for the middle class
One half of Americans will received a tax increase in 2025, cuts are only temporary. Groundwork has been laid for cuts to Medicare and Social Security.
Per Forbes: "Ah...that middle class...the very group of taxpayers for whom this plan was designed, according to those who built it. While the majority of middle-income taxpayers will enjoy a tax cut right away, some won't be so lucky, with the Tax Policy Center estimating that 15% - 20% of those earning between $86,000 and $300,000 will experience an immediate tax increase, resulting from the confluence of lost itemized deductions, eliminated personal exemptions, and slower indexing of the individual tax brackets."
By the time the budget gimmicks prevalent throughout the plan run their course in 2027, however, things are much different for the middle class. If the individual cuts are not extended at the end of 2025, the middle class will not only be left with nothing by 2027, nearly 60% of those earning between $86,00 and $300,000 will pay more than if these cuts were never enacted. Oddly enough, even IF the individual cuts expire, by virtue of the steep corporate cuts, the richest 1% do just fine, with only 16% experiencing an increase relative to current law."
https://www.forbes.com/sites/anthonynitti/2017/12/02/winners-and-losers-of-the-senate-tax-bill/#2af27aca254d

http://www.newsweek.com/tax-plan-social-security-medicare-welfare-republicans-rubio-729133

http://www.businessinsider.com/senate-tax-plan-affects-family-take-home-pay-2017-11



Monday, November 27, 2017

Attack against press freedom is the first step to the end of democracy

Revised and updated: 11/30/17

A version of this was published in the Sky Hi News, 12/6/17   https://www.skyhinews.com/news/muftic-trumps-war-on-press-freedom/

Added January 17, 2018
https://www.cbsnews.com/news/jeff-flake-speech-trump-rebuke-senate-full-transcript/


Added: 12/9/17
Net neutrality is also an element of taking away medium freedom.  To understand why, https://www.yahoo.com/news/future-net-neutrality-repealed-creeping-203030801.html
https://finance.yahoo.com/news/internet-rules-set-vote-firestorm-wont-die-012310730.html

https://www.washingtonpost.com/news/the-fix/wp/2018/01/15/jeff-flake-isnt-just-comparing-trump-to-stalin-hes-comparing-republicans-to-stalins-enablers/?utm_term=.002bd19c8b3d


Everyday I am grateful for this country.  I know that if I lived in Putin’s Russia or Erdogan’s Turkey or any number of countries in the world ruled by “strong men” or  despots, I could could risk my life or freedom by writing  this column that often is in opposition to our country’s Leader’s  view of the world and issues. Fundamentally important first steps  enabling despots to  rise to power and their keeping it was their  destruction of the freedom of press by degrading,  killing,  or imprisoning  journalists and bankrupting opposition press through manipulation by various means.

https://www.cbsnews.com/news/jeff-flake-speech-trump-rebuke-senate-full-transcript/

If citizens only hear one slant on the news, mind control follows. Having many outlets funded by a variety of owners permits those in a democracy to come to their own conclusions which may even be contrary to the interests of their dear Leader. As those who studied the methods of control of media by despots, know that it happens in steps and slowly until it is too late for any opposition to find a platform. For the sake of our democracy, any tendencies of political leaders to try to destroy press freedom must be recognized and nipped in the bud at the beginning before it is too late.

I lived in Berlin in the late 1950’s with a front row seat to the Stalinization of Eastern Germany and I married a refugee from dictator Tito’s Yugoslavia, visiting that Communist  country frequently for many years.  I spent my time in Berlin on a quest of understanding how Hitler rose to power in an educated, western cultural country. What I did learn was that the first step in consolidating power was  destruction of the free press . Our founders even in the 1700s understood that and wrote protections in the First Amendment of  our Constitution. For that reason, media  in the US was once  called the fourth estate, the fourth branch of government  checking each other’s power in addition to the legislative, executive, and judicial branches.


In our  divided country thanks to the Trump campaign and administration,  we have begun questioning any “truth” or “facts” presented by the “other”  side . That is extremely dangerous to any democracy  that depends on open debate of issues  and consensus based on commonly agreed facts.  Claiming there are no credible facts except those presented by the Leader (Hitler called contrary press, the lying press..Lugenpresse) is a tool wannabe dictators  have used to destroy freedom of the press. In fact, at campaign rallies some of Trump supporters aggressively chanted "Lugenpresse" at reporters.

Especially alarming is Donald Trump’s recent attack on CNN and his stated embrace of  only one approved cable news network, FOX News.. Those media outlets who present facts contrary to his pronouncements  or criticize  him are often called “fake news” . Trump Thanksgiving weekend tweeted to  declare that Fox News “is MUCH more important in the United States than CNN,” adding that CNN represents the United States "poorly" to the world. At the same time his Justice Department  sued to block a media merger that critics claimed was a move  to force the sale of CNN, a frequent target of Trump as the conveyor of “fake news”. At the same time, Trump's appointed Federal Communications Commission enacted rules paving the way for the merger of a pro Trump group, Sinclair Media with Tribune Media . At the same time, his FCC approved rules permitting consolidation of local media outlets, including lifting the rule prohibiting print media to also own TV and radio stations, reducing the variety of news sources and interpretations available to viewers. This was overtly favoring and strengthening the media domination of major markets by his chosen media.

__________________________________________________________


The only bright side of Trump's view of what is fake news and what is not is that it has become obvious that the chief conveyor of fake news is Trump himself via his tweets. So outrageous were his tweets in the past couple of weeks, he damaged his own credibility , contradicting his own prior declarations. A recent Trump tweet gave  the link and his accolades to a conspiracy theory media outlet, MAGAPILL.  The site  spouted White Nationalist, anti Semitic, and far fetched paranoia . The following week his tweets linked to a British web site promoting hate mongering anti Muslim propaganda containing a video already debunked by Dutch authorities and raising the ire of the UK Prime Minister and members of Parliament.
____________________________________________________________

An attempt by the right wing group Veritas to try to trap the Washington Post into demonstrating they were the source of fake news backfired last week as well. An undercover worker tried to sell Post reporters on a story that was fake as a way to bait them into reporting a fake news story to damage their credibility. The problem was that the reporters did their due diligence on the story and discovered the sting operation, only proving that the Post's skills and reporting were even more credible and respected, not less.


Do I think Trump read Hitler’s, Putin’s, Erdogan’s playbook about how to turn a democracy into their type of “strong man” governance?  He certainly has shown a nearly fawning admiration of their style, but he also has demonstrated  ignorance of the Constitutional provisions and  lack of interest in American history and seems angered when some judicial body or judge  reigns him in, calling an executive order he issued as  unconstitutional.  The concept of the  rule of law seems to be a puzzle to him. His answer: stack the courts with  appointees with ideologues favorable to his beliefs. He has already tamed all but of few of the GOP members of Congress, who fear meeting his true believers in their gerrymandered district’s primary.   No, I do not think he has read the despots and dictator’s playbook, though he tries to mimic some of their techniques.    He is an organic , impulsive wannabe strong man; it is a part of his nature and his soul.

http://time.com/4544562/donald-trump-supporters-lugenpresse/


http://brianpklaas.com/the-despots-apprentice/

http://www.motherjones.com/media/2017/11/fcc-sinclair-media-ownership-tribune-merger/

https://www.politico.com/story/2017/11/20/trump-lawsuit-att-time-warner-merger-250956

http://www.weeklystandard.com/trump-tweets-link-to-conspiracy-theory-website/article/2010606

http://thehill.com/blogs/blog-briefing-room/361884-former-intel-chief-hayden-slams-trumps-cnn-tweet-ive-wasted-40-years

https://www.yahoo.com/news/birther-apos-back-trump-reportedly-040041686.html

https://www.thesun.co.uk/news/5026737/donald-trump-jayda-fransen-twitter-retweets-britain-first-piers-morgan/


https://www.vox.com/policy-and-politics/2017/11/29/16713664/trump-obama-birth-certificate

https://www.washingtonpost.com/investigations/womans-effort-to-infiltrate-the-washington-post-dates-back-months/2017/11/29/

Friday, November 24, 2017

A warning to the politically smug: What goes around can come around


One of the beauties of our still functioning democracy is that the political pendulum can yet swing.  Yes,  democracy is still intact, a bit wounded, though, and some  tactics that worked for the GOP in the Trump era can also be used by Democrats, too, whenever they become a governing majority. Imagine if the shoe were on the other foot, if Democrats took over the House in 2018 and the  Senate and White House in 2020. Trump era attempts to sabotage  affordable health insurance by executive order or tax breaks for the wealthy could be rolled back. Whatever discriminatory executive  orders regarding Muslims and immigrants , or discrimination  against certain groups under the guise of religious freedom, that  survived judicial scrutiny of their constitutionality could also be reversed.

All reversals and new agenda could happen more easily and quickly, too, since the GOP Senate changed rules in 2017 and set precedence for use of parliamentary procedural tricks. If and when  Democrats became the majority, they too could take advantage of them. The GOP Senate has set  in motion ways to pass legislation and approve judicial appointees with  51, instead of 60 votes, avoiding   filibusters and the need for bipartisan compromise ,  permitting a bare party majority to steamroll over the minority, and ensuring the end of moderation.

The pendulum is still able to swing and  some recent elections indicate a possible  backlash against GOP and  Trump excesses in 2018 and 2020. We still are a democracy. We still have an independent media in spite of Trump’s branding any news that is not favorable to him as fake or his wishing  to get the FCC to take CNN’s licenses away or denying their merger or treating Fox News as  the favored one to be taken as the only  truth tellers. We still have an independent judiciary in spite of fast track efforts by GOP to fill federal bench vacancies .What if there are no Supreme Court vacancies to fill until after 2020 and two occur? The Court’s ideological balance could also swing back to the center or left with Democrats in charge. Policies that both benefit little and hurt many in the middle class while making the rich richer could anger voters  as pocket book pain and disappointments  are felt in real  election time pain and disappointment. It is even more possible there would be a backlash benefitting Democrats  if  Special Prosecutor  Robert Mueller actually puts some of Trump’s close associates in jail or finds proof that Trump himself obstructed justice or was compromised by the Russians.  

What could hamper a pendulum swing?  One is foreign interference in elections and another,  ineptitude of the Democratic party. We know now  from Congressional hearings Russians  were running ads and spreading their pro Trump, false news,  cultural divisive  issue support messages to 146 million targeted  and unwitting  Facebook users. What if they try it again in 2018 and 2020?  Will voters be willing dupes or educated enough to discount those attempts or will Congress require disclosure of foreign media and internet posting  and ad sources?

Given the potential of the GOP to  alienate their moderates, Democrats should be able to ride a swinging pendulum. However, Democrats  are  without a positive  message about what they would differently and without a unifying leader, and face a divide and conquer vulnerability with a  potential fight between the moderates and the Bernie Sanders wing.

https://townhall.com/tipsheet/guybenson/2017/10/11/mcdonnell-blue-slips-n2393579

https://www.nytimes.com/2017/04/06/us/politics/neil-gorsuch-supreme-court-senate.html

https://www.politico.com/magazine/story/2017/10/15/how-budget-reconciliation-broke-congress-215706