What the classified documents flap and the Memphis police action have in common

 Fingerpointing to fix blame doesn't work; the system is the  bigger culprit in both the Tyre Nichols death and the Trump/Biden/Pence classified document handling issues.  The answer: fix the system.  Aside from Trump's lies, hiding evidence, and sticking his middle digit at the DOJ and the Archives, none of this would have happened if the laws and rules around White House classified document handling had been better implemented at the beginning of those leaving office moving to private quarters.  That is what Mike Pence's mea culpa discovery at his home of purloined documents revealed just as it happened with Joe Biden's mea culpa (in trickled-out announcements) and fumbled messages should have done. . Both Biden and Pence looked surprised that they had like Trump, taken them to unsecured sites and both worked to return the documents at once. Trump just lied and refused to fully comply to return them and that is what is the difference between Biden/Pence reactions. Biden and Pence took steps to find and return them.  In all three cases, there was a systemic failure to keep classified documents from leaving the White House.  Whether there was intent to take them or just a snafu and ignorance and administrative sloppiness, we probably will not know.  Trump's intent to defy the rules sets his reaction apart from Pence and Biden and that will get him in deserved hot water.  In any case, something needs to be done for the sake of national security to keep this from happening again.

In the case of the Memphis police shooting, true to past form, the immediate reaction was usually to shout "racism" whenever excessive force was used on a black person.  In this case, that did not happen since the five accused police officers were also black.  And, like the documents flap, the focus is now on systemic failure.  Attempt to claim racism has not resonated in the Memphis case. Anticipated violent protests never materialized as some anticipated.  Regardless, something needs to be done to keep this from happening again.

In short, it is the system at work and that is where fingers ought to be pointed. The next question is what can be done to fix both issues of systemic failure.  That is what a pragmatist would do, but our federal legislative body is so dysfunctional, so divided, I am not counting on much to happen from them.  When most of the players in the document flap appear to be running for President in 2024, "mea culpa, we messed up", requires a display of character. Like an addict seeking sobriety, the first step is to admit there was a problem, and so far we have not seen that from all three involved.  Fingerpointing pays better political dividends than problem fixing, or so it seems these days.

Calls for police reform in cases of brutalizing and use of excessive force have not yet emerged other than firings, resignations, and disbanding the kind of police unit involved. Let us hope something more useful happens as cries for reform in policing are now becoming louder from more than one side of the aisle and from the White House. 

Tyre Nichols’ death renews push for police reforms | PBS NewsHour

A search for classified document handling systems on Google turned up many ads available for off-the-shelf systems.  The White House may not have to reinvent the wheel.   The problem is that any system is only as good as those who comply. Enforcement of compliance needs to be tied into the system. Whatever system exists in the White House failed.  Any attempt to enforce existing rules and regulations and create new laws is viewed as partisan, no matter how arm's length, via special counsels and legislative oversight committees there are.  

Making lemonade out of the classified documents flap. Update reflecting Pence's equal mia culpa

UpdateL 1 25 2023  More evidence there needs to be a better system for keeping track of classified documents.  Such documents have now been found in Mike Pence's home and he reacted much like Biden did, though we do not know yet if there will be the drip drip release fumble that Biden's team had. The Pence discovery has all kinds of irony...first, also to make the comparison of his handling it, as Biden has had to attempt, with Trump's obstruction of justice in lies and hiding the evidence, and second, to wonder if the DOJ will also appoint a special counsel for his case. In any case, this only makes the case that there has been sloppy administration of the handling of documents in multi administrations.  If Pence can assert evidence of a lack of intent, to take the documents home by accident, so can Biden.  Once again, Pence's actions saved Biden, first denying the January 6 insurrectionists, and now, second,  this puts Biden in a better position. It makes MAGA  GOP harder to wag their tongues in mock horror at how equivalent Trump's actions were to Biden's and now Pence's.  In any case, my original posting below is still very relevant: fix the handling of classified documents in the White House.  It is a national security imperative.

No president is above the law and let the special counsel investigators of both Trump and Biden classified document handling mishaps do their jobs. This may also be a teaching/learning moment, not only about the rule of law but about the need to reform classified document handling. There may be a way to make sure this does not happen again.  That is how lemonade could be made from these bitter lemons. There is also a national security imperative to take action in how classified documents are handled. The whole world now knows that there is sloppy national security document handling, and it could be a temptation for a bad foreign actor to snag some low-hanging espionage fruit.   

My nagging question is, how did the archives know the documents were missing in order to demand Trump return them? How did it happen the archives did not know there were documents missing after Biden left the Vice Presidency? Hopefully, the answer will emerge in the investigations. It may not be an issue of behind-the-scenes subterfuge or differential treatment. If the GOP had known about the finding of those docs before the midterm elections, we would have heard about it then...to say the least. If Biden had an inkling there were such documents in his home, he was a seasoned enough politician not to wonder out loud how it could've happened when he criticized Trump. There may be some administrative process that changed between the end of the Obama administration and the Trump era. I am waiting to see if there were some changes in White House document handling in the time between the transitions. One possibility that should have been done, if it not was done, would be a highly security-cleared staffer giving every incoming document a serial number which would allow check-offs by the archives to see what was missing later. If the reconciliation showed some missing check-offs, there is a clue someone else has it.

With the House GOP bent on punishing the FBI as revenge for Mar-A-Lago and other assumed politically motivated excesses, it would be a miracle if any constructive reform of classified document management would result. Solving the problem would require admitting there was a problem. That does not seem to be the purpose of GOP-dominated House select committees or other committees under which the responsibility should fall.

How could the FBI raid on Mar-a-Lago and legal action be taken more seriously

How could the FBI raid on Mar-a-Lago and subsequent  AG Merrick Garland's  actions be taken more seriously than just more politics as usual?  Whatever the outcome, it will look like dirty politics and abuse of power to Trump supporters and it might never  be strong enough action for Trump's detractors that want to put an end to Trump's political ambitions or to put him in jail, or  to deter future presidents from doing the same. One constructive outcome will be to reaffirm the principle that no person, not even the president in or out of office, is above the law. The more important result of this drama could be to convince both sides of the political divide that abiding by the rules of classified document handling by even the commander-in-chief is vital to our national security and needs to be taken very seriously.  That possibility exists if enough convincing evidence is found that  ties Trump's irresponsible handling of the documents resulted in serious damage to the US spy network.  The  allegations are out there; so far there are only circumstantial suspicions.  Intelligence agencies fear that Trump has been leaking information on U.S. spies overseas (dailykos.com)

The problem  Attorney General Merrick Garland is facing is how any indictment or punishment can be viewed by skeptics and critics as more than a political gotcha and a technical violation of the laws. No matter what transpires from the more arm's length  special counsel's findings and recommendations, Garland will still have the make the ultimate judgment call. Whatever he does will be viewed as motivated by politics. Those who think Trump needs to be punished for setting an example to future presidents ignoring rules on handling classified documents and then obstructing the investigation will be angry if Garland does not prosecute Trump. Supporters of Trump will go ballistic, assigning political motivations to Garland. Whatever Garland does could make him seem the villain, not Trump, as the right wing media goes into overdrive..

If Trump's actions regarding the classified documents he took to Mar-a-Lago result in an indictment for breaking the rules of law and, most likely, obstruction of justice, and then found guilty at a trial that results in some sort of punishment, is serious on its own, but it may still appear to many that he was politically prosecuted on a technicality.  However, if his irresponsible actions and playing loose with classified national security documents resulted in real harm to national security, that may make his actions look truly dangerous. 

 The more serious revelation could be to tie Trump to outing our spies abroad, resulting in their death or recall. The news story that this prosecution is just politics or involves a minor technical detail that deserves a slap on the hand  will take a turn as anti-Trumpers can make a stronger case that Trump cannot be trusted to be a president again because what he did was a danger to national security, whatever his motivation. The purpose of responsible by-the-book treatment of classified documents will be vindicated in the minds of more current and future voters. They are absolutely necessary to protect national security interests. 

For more, go tohttps://mufticforumblog.blogspot.com/2022/08/ticked-deep-state-is-out-to-get-trump.html

 

 

Trump, a natural autocrat: the law he obeys is what he says the law is

 We hear "the rule of law" cited as a characteristic of democracy so often it becomes a cliche, and we utter it without much thought. Rule by an autocrat is a self-defining word: auto=one,  Trump is a natural: Imagine a country ruled by someone who decides which laws to obey and which ones to ignore or distort or enforce on a political enemy. He does not believe the law applies to him, in office, out of office, or in private business.  That makes he a fundamental danger to democracy. That behavior in a government office is called a dictatorship, or more politely, an autocracy   This fall we heard classics from him: The Mar-a-Lago "boxes are mine"even though the law says differently. "Those box contents are all declassified, but all I have to say is they are, and I did," as he ignored the process rules; what rules?". "I'll ignore the subpoena," even though it was issued per the law, is highly likely his response to the House subpoena issued yesterday. or he'll delay, obstruct, and sue until the GOP takes over the House in 2023..  "I won the election; the election was stolen", ignoring 60 judges, a gaggle of close appointees and family. He has a lifetime history of being a scofflaw.   

The rule of law is a standard which all can cite when calling foul and believe a judge will rule or a jury will decide if someone fouled it or abided by, and assumes judge and jury will be as impartial as they can in their judgment calls. The rules and the laws were those that were agreed by vote, vote of a representative in a legislative body voted there by the people.  An autocrat ignores the rule and keeps on acting  fouly or twists and turns the meaning until its original purpose and meaning is unrecognizable. 

From an earlier blog post: Trump has a reputation and history of seeing how far he could go and what he could get away with whenever rules, laws, ethics, and shady practices were involved. USA Today compiled a list of a history of over 4 thousand civil lawsuits and criminal/civic fraud in his lifetime.   If Trump observed the rule of law and the rules under which he operated and did not defy, skirt, and ignore them to feather his own financial nest and power positions,  he would not be the target of so many lawsuits and criminal investigations. His legal entanglements never changed his behavior, and he turned it into a money maker. 

 In the days when he was in private business, he lost suits, was fined, paid restitution, and racked up substantial legal fees. He was famous for stiffing those who provided services for which they were not paid and being sued. It was the cost of doing business his way. Now in public life, those costs in defending himself are being borne by political supporters. He arranged for the RNC to pay $1.6 million in legal fees and raised over $250  million from his devoted followers on the lie since debunked that the election was stolen. Little went to attempts to overturn the election and a non-existent "legal defense fund" in a PAC. Still, much went to a fund that paid for some of his personal lifestyle expenses and income. After the Mar-a-Largo raid, he raised a million a day for the same non-existent legal defense fund.    The Trump  Save America PAC  has over $99 million in its coffers.

The lawsuits and criminal and civil fraud charges arise from his stiffing suppliers, lenders, insurers, and service providers, and civil and criminal fraud, misusing charity foundations,  avoiding tax-paying, and then getting gullible supporters to write a check to help out when he gets caught or accused. Sometimes he wins in court, and other times he loses. Recent estimates are his net worth is $3 billion.    He brought that modus operandi into the White House, and we now see it writ large in the Mar-a-Lago documents seizure by the FBI. What is most disturbing is that most of his supporters do not give a whit and look for ways to rationalize their own anti-government, anti-rule of law attitudes and political loyalty, as well.  .  It says much about the character of his supporters and their own moral standards, gullibility, and priorities."

If Trump's actions regarding the classified documents he took to Mar-a-Lago result in an indictment for breaking the rules of law and, most likely, obstruction of justice, and then found guilty at a trialthat results in some sort of punishment, is serious on its own, but it may still appear to many that he was politically prosecuted on a technicality.  However, if his irresponsible actions and playing loose with classified national security documents resulted in real harm to national security, that may make his actions look truly dangerous.  The more serious outcome would be to tie his guilt to outing our spies abroad,  Then the case can made he cannot be trusted to be a president again because he is a danger to national security, whatever his motivation.  Intelligence agencies fear that Trump has been leaking information on U.S. spies overseas (dailykos.com)

 USA TODAY Network: Dive into Donald Trump's thousands of lawsuits - USA TODAY   

Politicization of the Justice Department - American Oversight

The GOP Is Paying for Way More of Trump's Legal Expenses Than Was Previously Reported – Rolling Stone

 Trump Raised $250 Million Since Election To Challenge Outcome—Here's Where Most Of The Money Will Actually Go (forbes.com).

Trump rakes in millions off FBI search at Mar-a-Lago - The Washington Post  

What Is Donald Trump's Net Worth? (investopedia.com)

USA TODAY exclusive: Hundreds allege Donald Trump doesn't pay his bills

https://www.npr.org/2022/08/24/1118946905/trump-pac-money-fec