Nobody Is Above The Law… Impeachment

The night before only the 3rd vote in US history to impeach a sitting president, New Yorkers gathered in Time Square to chant, “Nobody is above the law.” Nobody… surprisingly a point of contention considering some would argue that doesn’t include the highest office in the land, Commander-in-Chief, 45th president of the United States, Donald J. Trump.

Following the Civil War in 1868, Andrew Johnson became the first president in US history to be impeached. Nearly 150 years later, Bill Clinton become the second. And with the exception of some unforeseen wild event, Donald Trump will become the third. A shame for Donald Trump considering he survived the Mueller investigation, only to get caught up in a quid pro quo regarding his attempt to pressure Ukraine’s leaders to dig up dirt on Hunter Biden and his father, senior statesman and Democratic presidential nominee, Joe Biden.

(Sidenote: Hunter Biden sat on the board of directors for Burisma, a Ukraine-based energy holding company from 2014 to 2019 while his father, Joe Biden, who was Vice President at the time, oversaw policy regarding the Eastern European nation. Hunter had no experience in Ukraine nor did he have a background in the energy sector. While it’s not illegal, him having a paid board seat on the other side of the world is bizarre, it doesn’t add up, and should be questioned.)

I digress… back to US presidential history…

It’s important to note that while Andrew Johnson and Bill Clinton have both been formally impeached, neither of them were removed from office through impeachment. And neither will Donald Trump. While the House of Representatives have more than enough votes to impeach him, the Senate does not. Nevertheless, Trump felt the need to write a 6-page rant disguised as a letter to Nancy Pelosi where he exclaimed, “More due process was afforded to those accused in the Salem Witch Trials.”

6 pages of that…

Nearly a year from the 2020 elections, how will this impact the electorate? Specifically independents and voters in Michigan, Wisconsin, and Pennsylvania… three states which all went blue for the previous 6 presidential elections before 2016.

Will it even matter? Or more importantly, which Dem will capitalize on this historic moment, win the nomination and carry that momentum to the general election?

Similar Read: Important Takeaways From Mueller Testimony

Important Takeaways From Mueller Testimony

“Over the course of my career, I’ve seen a number of challenges to our democracy. The Russian government’s effort to interfere in our election is among the most serious. As I said on May 29th (2019), this deserves the attention of every American.” – Robert Mueller’s opening statement, Congressional Hearing 

Nadler: “Did you actually totally exonerate the president?” Mueller: “No.”

Besides not exonerating the president and his initial statement about the importance of Russian interference, another important takeaway from Mueller’s testimony, and probably the most damming… Trump can be prosecuted after he leaves office (which we’ll come back to later). 

High-level assessment… Mueller didn’t want to be there. Nearly 75 years old and defenseless, he seemed flustered and confused at times. It was hard watching him ask Congressmen to repeat their questions over and over as he squinted and leaned in for what seemed like an eternity.

With the exception of Nadler’s opening questioning, Democrats seemed to mostly ask obvious questions followed by, “Is that correct Mr. Mueller?” Perhaps a good strategy considering the majority of America hasn’t read the report and they’re hoping to educate the masses.

Republican’s did the opposite and repeatedly badgered him on his handpicked team of lawyers and the fact that he decided not to prosecute the president, despite knowing the president was immune from prosecution. Yes, that little known fact, which according to OLC opinion states that a sitting president cannot be charged with a federal crime.

What is the OLC?

The OLC, or Office of Legal Counsel, is an office in the US DOJ delegated by the Attorney General that renders legal advice and opinions to the president and executive branches, often dealing with complex and extremely important matters. So if you’re Mueller, a guy who follows the rule of law and doesn’t deviate, then charging the president with a crime was never an option or even the intent.

Well, what was the point of the two-year investigation? What was the point of Democrats essentially forcing Mueller to testify publicly?

Nancy Pelosi clearly doesn’t want to impeach or even attempt to impeach the president, but… she has stated that she wants to see him in jail. And despite Mueller not being able to charge the president with a crime, he can make a case for the most important and damming takeaway from his testimony, which is Trump can be prosecuted after he leaves office. He makes a good case in his report by citing more than 10 instances where Trump may have obstructed justice, but that case was unfortunately not reinforced with his testimony.

If anything, it was diminished.

Similar Read: Reframing the Mueller Investigation

I Read The Mueller Report… Here is My Summary

I Read The Mueller Report, and Here is My Summary. 

You can read it too if you have the time:

https://apps.npr.org/documents/document.html?id=5955997-Muellerreport

These are my summations and conclusions:

VOLUME 1 – Russian Meddling in the U.S. Election and Collusion with the Trump Campaign

p. 9 Mueller gave the report straight to the Attorney-General because he was ordered to do so by the original mandate. Even if, as evidenced in this memo: https://www.law.com/nationallawjournal/2018/12/20/read-bill-barrs-19-page-memo-ripping-mueller-probe/?slreturn=20190318182817, William Barr is politically compromised in favor of President Trump (a la Roy Cohn), Mueller did his job and followed the letter of the law rather than go rogue and release the unredacted report to Congress or the public. Because of decisions like this, and because Mueller did not make any brash decisions to prosecute Trump even with overwhelming evidence of obstruction (as I will summarize later), Mueller’s credibility is without blemish. This report is to be believed whether you love or hate Trump and his associates.

p. 9 The Russian government interfered in the 2016 election to help Trump get elected. This is not a conspiracy, this is a fact.

p. 9 The Special Counsel’s appointment was predicated on Intelligence gathered BEFORE the Steele Dossier. So there can no longer be discussion about this investigation being illicit on the grounds of wrongly obtained FISA warrants or anything else related to the Steele Dossier.

p. 9 The Special Counsel found that Trump Campaign Foreign Policy Advisor George Papadapoulos had met in May of 2016 with a Russian Government Agent to obtain disparaging information on Hillary Clinton and consequently started its investigation into Russian Involvement in the election in July of 2016.

p. 9 The Russian Government perceived that it could benefit from a Trump Presidency and worked to secure that outcome.

p. 10 Collusion is not a crime and the Special Counsel focused on “coordination” or “conspiracy” which would require an agreement – tacit or express – between the Trump Campaign and the Russian government. It was established that the Russian Government helped Trump and that Trump enjoyed this help, but no evidence could be found to conclude that this was planned prior to the election.

p. 12 The Russians targeted Clinton, her campaign staff, and all her major supporters spreading false information about them as well as accurate information that was damning. These operations were carried out by the Internet Research Agency (IRA) which was funded by Russian Oligarch Yevgeniy Prigozhin (who is heavily tied to Russian President Vladimir Putin).

p. 12 The IRA started in 2014 with the goal of simply disrupting the American Electoral process and sow discord amongst the United States (the U.S. being Russia’s greatest obstacle to economic and political power). As Trump became a viable candidate in 2016, the IRA switched its objectives to helping him win after identifying him as incredibly favorable to Russian national interests.

p. 13 There were numerous communications between the Trump campaign and the Russian Government (which were lied about, consequently resulting in criminal indictments for many in the Trump Campaign), but the Special Counsel could not establish that there was a prior conspiracy to coordinate the many damaging releases of information by Wikileaks (via the IRA) to hurt Clinton and help Trump.

Again, The Russian Government identified Trump as the best candidate for their future success and worked to help him get elected. It could simply not be proven that Trump conspired with them towards their goal.

p. 13 Trump was trying to build Trump Tower Moscow in 2015 and lied about this during the campaign saying, “We have no business with Russia.” The deal would have been worth hundreds of millions of dollars to Trump.

p. 14 On August 2nd, 2016, Paul Manafort met with a Russian Agent to establish a plan for Russia to control Eastern Ukraine after Trump’s election (while the U.S. would essentially look the other way).

p. 14 Wikileaks (via IRA) released the Podesta emails hours after Trump’s damning “grab ‘em by the pussy” video to help the Trump Campaign change the national discourse from his behavior on that bus to the DNC’s unethical behavior during the primary (which ultimately hurt Bernie Sanders’ chances of winning). This was action taken by a foreign government to interfere in the U.S. election to help Trump win.

p. 15 After Trump was elected, dozens of Russian businessmen started reaching out to the Trump campaign to set up phone calls and meetings.

p. 15 Obama sanctioned Russia for interfering in the U.S. election and Michael Flynn personally requested to his Russian contacts not to escalate the situation because Trump would likely not continue these penalties against Russia.

p. 17 The Special Counsel found a great deal of evidence for contacts between the Trump Campaign and Russia, but not enough evidence to file criminal charges. So, there is evidence of collusion, just not enough to prosecute.

p. 17 Many members of the Trump campaign lied about their Russian contacts and this is why there are so many indictments and Trump campaign members currently serving jail time.

p. 18 The Republican Party changed its stance on Russia (from hostile to friendly) in the summer of 2016, but the Special Counsel could not conclude that this was related to a conspiracy between the Trump Campaign and Russia.

p. 18 MANY INDIVIDUALS INTERVIEWED PLEADED THE 5th, LIED IN THEIR TESTIMONY, OR WERE FOUND TO HAVE DELETED INFORMATION RELEVANT TO THE INVESTIGATION. In other words, the Special Counsel is making decisions based on evidence it could find, but states in this report that a TON of information has been illegally discarded, including via the methods that many Republicans accuse the Clinton campaign of utilizing (acid washing email servers, destroying computers, etc.).

The Special Counsel therefore states that there could be more evidence that DOES prove conspiracy between Trump and the Russian Government.

p. 19-33 information on how the Special Counsel was formed, its jurisdiction, and information about the Russian hacking agency IRA. Most of this is redacted.

p. 33 The IRA spent $100,000 to purchase over 3,500 advertisements on Facebook that promoted groups supporting Trump and spreading false information about Clinton.

p. 34 IRA fake accounts reached tens of millions of people and attracted hundreds of thousands of followers.

p. 34 Before their deactivation in 2017, fake Russian accounts spreading propaganda in favor of Trump and false information about Hillary Clinton had reached an estimated 126 million people.

p. 35 U.S. Media regularly quoted the false information from these fake accounts as factual news, notably Sean Hannity, Michael McFaul, Roger Stone, and Michale Flynn Jr. who retweeted or cited these fake sources on network Television.

p. 37 The IRA organized hundreds of rallies via Facebook across the U.S. by having a Page administrator host the rally and then claim they could not personally attend, leaving the ground organization to the enthusiastic members of the group. The earliest evidence of this technique was a “confederate rally” in November 2015.

SIDE NOTE: Russia’s goal is to destabilize America (because America’s military presence prevents Russia from controlling major resources, trade routes, and strategic lands like the port of Crimea and Georgia which Russia annexed over the course of the Obama administration). But to accomplish this, Russia has studied the issues that sow the most division in America and have sought to fan the flames which already exist here – like racism, Confederate sympathizers, Nazi Sympathizers, the Ku Klux Klan, gun rights, Police protection vs. minority targeting, the Pro-Life vs. Pro-Choice battle, anti-Immigrant sentiment, religious division, etc.

Trump’s voting base is almost entirely made up of single “wedge” issue voters who only need to hear one sentence: “I support your position” to gain their votes. This is an obviously successful political strategy that plays perfectly into the goals of the Russian Government: sowing divisiveness. It may be the case that Trump is not a witting agent of Russia (although the Mueller report does not rule that out), but he is at least an unwitting agent of their agenda to get America to fight amongst itself while Russia promotes its interests globally.

p. 39 The IRA recruited individuals it believed could help further its agenda of helping Trump and hurting Clinton. It focused on individuals who could “amplify” its content.

p. 41 The Special Counsel found two definite links between the IRA and the Trump Campaign, but none between IRA and Clinton.

p. 42-65 All the hacking techniques used by IRA including how they got the data and disseminated it via Guccifer 2.0, Wikileaks, and DC Leaks.

Also outlines what actions many Trump campaign officials undertook to defraud the United States and essentially commit treason by assisting Russia/IRA.

MANY REDACTIONS here.

p. 68 Trump Jr. was communicating directly with Wikileaks about damaging information.

p. 69 The Special Counsel did not find that the Trump campaign actually did the hacking or released the damning information, but that they simply welcomed its effect on the election. The famous Don Jr. “I love it,” email when he heard about dirt on Hillary is not evidence of a criminal conspiracy.

p. 70-73 Because Clinton did use a private email server (which was reckless, but not criminal according to the FBI), her communications that she destroyed were vulnerable and in fact had been obtained by many foreign agencies. The Trump campaign was trying to find these emails (to use against her), but this is still part of “politics as usual,” and they did not specifically coordinate with a foreign government in this regard.

p. 74-120 Outlines all the links between Russia and the Trump campaign (there are many).

p. 74 Trump Tower Moscow details (it was a very real project for years).
TRUMP WAS WORKING ON GETTING THE TRUMP TOWER MOSCOW PROJECT DONE WELL INTO HIS CAMPAIGN WHEN HE LIED ABOUT “NO BUSINESS WITH RUSSIA.”

Was this because he was conspiring with Russian Oligarchs to win the election and then help Russian National interests? Or just because he knew it would look extremely bad if the President of the United States was doing business with a hostile nation?

Either way, the President lied repeatedly to the American people for reasons that are extremely impeachable (attempting to use the Office of the President for personal enrichment which violates the Emoluments Clause), or treasonous (conspiring with a hostile foreign power to defraud the United States).

p. 118 At the Trump Tower Meeting, Trump Jr., Manafort, and Kushner met with Russian Agents to discuss “dirt” on Hillary Clinton. Trump Jr. later lied about this meeting after Trump instructed him to (this is public knowledge now after Trump’s lawyer released a letter stating that Trump helped to craft the letter pretending that the meeting was to discuss adoption).

p. 131 Russians at the Republican National Convention (notably Russian Ambassador Sergey Kislyak) got the Republican platformed changed from “lethal assistance to Ukraine in response to Russian aggression” to “appropriate assistance.”

p. 133 A Trump representative stopped the Republican National Convention Committee from drafting a platform amendment that was tougher on Russian aggression towards Ukraine. Support for NATO was also discouraged with Trump’s representative J.D. Gordon stating that “We don’t want to start World War III over that region.”

In other words, Trump’s position on Europe and Russia is to be hands off and let them figure it out. This isn’t necessarily wrong, but it goes against the US (and Republican Party) policy since probably World War II.

p. 137-152 Trump Campaign Chairman Paul Manafort, his assistant Rick Gates, and their criminal connections to Ukraine and Russia.

p. 153-181 After the election, multiple Russian Oligarchs, Businessmen, and Politicians began reaching out to the Trump Campaign through channels that had been pre-established (including the Russian embassy).

p. 182 The decisions to prosecute (or not prosecute).

p. 183 Trump Campaign did have contact with IRA, but did not do so with criminal intent.

p. 183 Many Russian hackers were charged with Computer-Intrusion Conspiracy.

p. 184-188 Almost all redacted.

p. 188 The Trump Tower meeting was not a conspiracy or a violation of campaign finance law because no evidence of any criminal intent was established. However, this meeting was lied about multiple times and has consequently yielded several obstruction of justice charges already against U.S. citizens.

p. 189 The report defines “conspiracy” (“collusion”) and says that Trump and his associates did many suspicious things, but they could not find evidence of a criminal coordination to defraud the United States. This does not mean there was NO evidence, just not enough to prosecute.

p. 190 Manafort and Gates illegally engaged in acts on behalf of a foreign principal (hence their prosecution and jail time).

p. 191 Michael Flynn also violated the same act. These men were essentially trying to sell out their country in the interest of helping other countries (for lots of money).

p. 192 There was no campaign finance law violations because the Trump Campaign never paid money for the “dirt” on Clinton and thus never unlawfully spent campaign finance money to help win the election.

p. 192-195 Essentially the June 9th 2016 Trump Tower Meeting was incredibly close to violating a Federal Law banning foreign assistance during campaigns, but the Special Counsel could not prosecute on the grounds that “recounting damning information that is historically accurate” does not constitute a “thing of value” (they then go on to define “thing of value” to prove their point).

SIDE NOTE: So there WAS a type of collusion between the Trump Campaign and Russian Agents, but just not technically according to legal definitions. 

p. 196-199 Redacted (this is suspicious).

p. 199-206 All the indictments because of lying to the FBI

VOLUME 2 – Obstruction of Justice Investigation of the President

p. 213 MUELLER STATES THAT HE CANNOT PROSECUTE THE PRESIDENT BECAUSE THAT ACTION IS UP TO CONGRESS. So he is only providing evidence here and it clearly points to the fact that Donald Trump obstructed justice.

p.213 MUELLERS STATES THAT A PRESIDENT CANNOT BE PROSECUTED (ONLY IMPEACHED), WHILE HE IS IN OFFICE. This leaves the door open for prosecution once Trump leaves office.

There is a good reason for this precedent. A President could be implicated in a dozen crimes of which he is innocent and standing trial for those crimes would take all of his or her time away from the all important office and duties he or she is meant to uphold. A President’s crimes must be so egregious and obvious that Impeachment becomes necessary and this requires an enormous majority of Congress to accomplish (which also makes it a Political trial more than an evidence-based trial).

p. 214 IF TRUMP WAS INNOCENT, THE SPECIAL COUNSEL REPORT WOULD HAVE STATED IT. HE IS NOT.

The report on Obstruction all but states that Trump committed Obstruction on the first page, but leaves the conclusion (and trial) up to the Congress.

p. 215 Mueller outlines the main evidence for Obstruction of Justice in the first chunk of this Volume. Here are the main points:

  1. During the 2016 campaign, Trump lied publicly that he did not believe Russia was responsible for hacking the DNC when privately he was seeking even more information from Wikileaks which he knew was connected to Russia.
  2. Trump also lied about having business connections in Russia during his campaign while he was, in fact, negotiating with Russian Oligarchs to build Trump Tower Moscow.
  3. After being elected, Trump expressed private concerns that the Russia Investigation might delegitimize his Presidency.
  4. On January 27th, 2017, the day after the President was informed that Michael Flynn lied to the FBI, the President invited FBI Director Comey to dinner at the White House and demanded loyalty.
  5. On February 14th, 2017, the day after the President asked for Flynn’s resignation, the President told an advisor, “Now that we fired Flynn, the Russia thing is over.” The advisor disagreed and said the investigation would continue. Hearing this, the President cleared the Oval Office to have a one-on-one meeting with Comey (to the dismay of all of Trump’s advisors), and asked Comey to drop the investigation into Flynn.
  6. Trump sought to have Deputy National Advisor K.T. McFarland draft an internal letter stating that the President had not directed Flynn to discuss sanctions with Kislyak (this is actually more proof of Russian Collusion). McFarland declined because she did not know if that was true and this letter would look like a quid-pro-quo for the ambassadorship she had just been offered.
  7. In February of 2017, Trump told Don McGahn to stop Sessions from recusing himself on the Russia Investigation. When Sessions recused himself, Trump expressed outrage and told advisors he should have an Attorney General that would protect him. Trump took Sessions aside that weekend and told him to “un-recuse.”
  8. Later in March, Comey publicly disclosed to Congress that the FBI was investigating “the Russian government’s efforts to interfere in the 2016 Presidential election,” including any links to the Trump campaign. Trump reached out to DNI and CIA to get them to publicly dispel any suggestion the President had any connection to the Russian election-interference effort. The President also called Comey twice directly, against his own lawyer’s (Don McGahn’s) advice. He wanted Comey to publicly state that Trump was innocent.
  9. May 3rd, Comey testified in a congressional hearing, but declined to answer questions about whether the President was personally under investigation. Within days, the President decided to terminate Comey.
  10. The President insisted that the termination letter, which was written for public release, falsely state that Comey had informed the President he was not under investigation.
  11. The day of the firing, the White House maintained that Comey’s termination resulted from independent recommendations from the Attorney General and Deputy Attorney General that Comey should be discharged for mishandling the Hillary Clinton email investigation, but the President had decided to fire Comey before hearing from the Department of Justice so this was a lie.
  12. The day after firing Comey, the President told Russian officials that he had “faced great pressure because of Russia,” which had been “taken off” by Comey’s firing.
  13. The next day, the President acknowledged in a TV interview that he was going to fire Comey regardless of the DOJ’s recommendation and that when he “decided to just do it,” he was thinking that “this thing with Trump and Russia is a made-up story.
  14. On May 17th, when Robert Mueller was appointed Special Counsel to investigate the Russian Election Interference and possible ties to Trump, the President reacted to this news saying: “this is the end of my presidency” and demanding that Sessions resign. Sessions resigned, but Trump did not accept it.
  15. The President tried to tell aides that the Special Counsel had conflicts of interest and could not continue. His advisors told him those alleged conflicts had no merit and were already considered by the Department of Justice.
  16. On June 14th, 2017, when Trump found out he was certainly under investigation, Trump fired off a series of tweets criticizing the Department of Justice and the Special Counsel’s investigation.
  17. On June 17th, 2017 the President called McGahn at home and directed him to call the Acting Attorney General and say that the Special Counsel had “conflicts of interest” and must be removed. McGahn did not carry out this decision deciding he would rather resign than carry out what he regarded as a potential Saturday Night Massacre (a reference to Watergate).
  18. Two days after directing McGahn to fire Mueller, the President made another attempt to affect the investigation. On June 19th, 2017, the President met one-on-one with his former campaign manager Corey Lewandowski, and dictated a message for Lewandowski to deliver to Sessions. He told Sessions to say that the investigation was “very unfair” to the President, the President had done nothing wrong, and Sessions planned to meet with the Special Counsel and “let him move forward with investigating election meddling for future elections.” Lewandowski never delivered this message, feeling uncomfortable with the request. He asked White House Official Rick Dearborn to do it, but he did not follow through either.
  19. Trump then began blasting Sessions on Twitter mocking him and letting him know his job was in jeopardy (clearly) because he was not fighting Mueller publicly in regards to this investigation.
  20. Trump edited a press statement about the June 9th, 2016 meeting at Trump tower deleting a sentence that stated the Russians had “information helpful to the campaign” and stating the meeting was about adoptions of Russian children. The President’s personal lawyer said the President had no role in drafting this statement, but this was later proven to be a lie. Trump helped to draft this lie to the Public about a very important component of the Russia Investigation (by itself this is obstruction).
  21. In early summer 2017, the President called Sessions at home and again asked him to reverse his recusal from the Russia investigation. Sessions did not reverse his recusal.
  22. In October 2017, the President met privately with Sessions in the Oval Office and asked him to “take a look at investigating Clinton.”
  23. In December of 2017, shortly after Flynn pleaded guilty, Trump told Sessions that if he “un-recused himself and took back supervision of the Russia Investigation, he would be a hero.”
  24. In early 2018, the press reported that the President had directed McGahn to fire the Special Counsel in 2017 and that McGahn threatened to resign rather than carry out the order. Trump ordered McGahn to refute this claim publicly and make a record that this was never the case. McGahn told Trump officials (who were asking him to do this) that the reports were accurate and he would not lie. Trump later asked McGahn why he had told the truth to Mueller about Trump trying to get McGahn to fire him, and why McGahn took notes during their meetings.
  25. After Flynn withdrew from a joint defense agreement with the President and began cooperating with the government, Trump’s personal counsel left a message for Flynn’s attorneys reminding them of Trump’s “warm feelings for him” which “still remain” and for a “heads up” if Flynn knew “information that implicates the President.”
  26. When Flynn’s counsel informed Trump that Flynn could no longer share information, the President’s counsel said he would make sure Flynn knew his actions reflected “hostility” towards the President.
  27. The President praised Manafort in public, calling him a “brave man” for refusing to “break” and said that “flipping” almost ought to be outlawed.
  28. Trump’s conduct towards Michael Cohen changed from praise for Cohen when he falsely minimized the President’s involvement in Trump Tower Moscow, to the castigation of Cohen when he became a cooperating witness.
  29. When Cohen started cooperating with Special Counsel, Trump publicly called him a “rat,” and suggested that his family members had committed crimes.
  30. Trump threatened witnesses in public and dangled pardons and this is still an obstruction of justice even though it was done in plain view.
  31. Trump acted in two phases: prior to being told he was under investigation and afterwards. The second phase also occurred after firing James Comey. His actions, both publicly and privately, after finding out he was being investigated demonstrate a clear motive to obstruct.

p. 220 The President’s counsel tried to stop the investigation into obstruction, but their defenses failed to provide a basis for declining to investigate the facts.

p. 220 The President is not immune from being prosecuted for Obstruction of Justice, but it is the Congress’ job to investigate and prosecute (impeachment).

The next 200 pages substantiate the above conclusions in great details.

In conclusion:

The President of the United States certainly obstructed justice and is also an unwitting (or possibly witting if more evidence presents itself) aid to Russia which is why they helped him win the 2016 election.

Reframing the Mueller Investigation

The Mueller report has been finalized, Barr has released a four-page summary to the American people, and now the fight has been moved to Congress to determine what happens from this point on.  Barr’s summary, though it is notably not a substitute for the entire report, states that “no evidence of collusion” was found on the President himself, and the obstruction of justice case produced results that neither “indict nor exonerate” Trump.  For Democrats, perhaps, and especially those that have been counting on Mueller to save them, the outcome, at least so far, was underwhelming. Now, the focus shifts to Congressional Democrats to decide whether they should fight to have the Mueller report released and move forward with a possible impeachment or simply move on.  But it is important to see the end of the Mueller investigation for what it is: not an unsatisfying end but part of the larger process to remove Trump from office. 

Before we go there, though, it is worth looking back at what reasonable observers should have expected at this point. The Mueller investigation took 19 lawyers, 40 FBI agents, 2,800 subpoenas, 500 interviewed witnesses, and almost two years.  Over its course, it charged 34 individuals, including nine connected to the Trump campaign, though it did not ultimately bring about criminal charges for Trump.  In a lot of ways, the Mueller investigation turned up way more information than we should have expected: what was once a question about a few Russian internet trolls and Facebook algorithms now sheds so much light on the wrongdoing inside and around the Trump campaign.  As compared to past scandals, spanning from Iran-Contra to Whitewater and beyond, Russiagate was a very successful investigation: many people very close to Trump are likely to receive justice and Mueller also recommended other findings about unrelated crimes to their respective departments.  For those who want to see Trump out of office and unable to act on his regressive agenda, the Mueller investigation was hardly a failure, even if it was overhyped by some.

Still, something about it feels disappointing, which is likely to do with our own naivety than anything else.  In other words, we should have expected this to be the institutional result of all this Russia-talk. In America, it has long been said that we have two justice systems—one for the poor and powerless and one for the rich and powerful—and that alone should explain the non-result which has come of Mueller’s investigation.  Beyond that, the history we like to remember tells us a much different story than the one which is true. In school, we all learn about Nixon’s impeachment, from break-in to coverup to resignation. We learn that a popular president was eventually forced to resign by an exhaustive investigation and about how the wheels of justice turn against all who are guilty.  But just maybe we forget or are unaware of the important context that goes along with it. A lot has been said recently of the allies Nixon courted precisely because of—and not in spite of—the Watergate investigation, of people like M. Stanton Evans who said, “I didn’t like Nixon until Watergate.” Eventually, the public turned against Nixon, despite their unwillingness to do so earlier, and the Republican Party was prompted to abandon him too.  In this way, impeachments are not like trials with Congress members as jurors, but trials in which the American people force their representatives’ hands.

Due to this reality, the lesson that transcends Nixon is that removing Trump from office through electing a Democrat in 2020 and through a successful impeachment are not necessarily two divergent strategies forward.  They are, at best, one strategy, with two divergent ends. In other words, the way to impeach Trump is not to find enough evidence to change the GOP’s view on him to obtain the votes, but to change the people’s minds enough to force the GOP to abandon him to protect themselves.  To do this, the Democrat’s private strategy must be seemingly at odds with their public choices. In effect, the bar for impeachment is much higher than the bar for voting him out in 2020: while no one who supports impeachment supports his eventual re-election, there are many Americans currently who support neither his impeachment nor his re-election.  The path forward, then, is to use the cloud of the Russiagate scandal along with the failings of the Trump presidency to fell the president, killing two birds with one stone towards getting him out of office.

On the former, the Democrats have a lot to work with: the uncertainty of the verdict of the Mueller report, it doesn’t exonerate the president, nor leave him untouched with the indictments of his former staff; its incomplete nature, as the people have not read the report and the investigation did not touch on many of issues raised since by Cohen’s testimony; and the apparent secrecy of the findings, Barr issued a summary letter when an innocence-proving-document would warrant a public release.  All of this makes up the public strategy forward for Democrats, but—though I am rarely one to warn Democrats about going too far—I would say their private agenda should be one of caution. Clearly, the evidence in the case is not overwhelming, or Barr would have had to cede such findings. Therefore, impeaching Trump on the grounds of Mueller’s investigation alone with a Republican majority in the Senate is patently impossible.  With that said, Democrats need to publicly raise the Russia questions while never quite bringing the issue to a breaking point, which would likely go against them. To the plain eye, Trump is a conman, but the burden of proof for people as powerful as he is high, and that must be understood.

The point in all this is that the left would benefit from a reframing of Mueller’s investigation from a verdict of success or failure towards a realization that this is but one step in the ultimate process.  While they should not count on the Russia scandal, the left also must never forget it: when they win, they hold all the cards to enact their agenda and keep their place. It is then up to the opposition—those who support democracy and the rule of law—to take it from them.  While legal justice requires a standard beyond reasonable doubt, electoral justice only requires 270. 

Similar Read: Kamala or Bust? 

Professional Fandom: Donald Trump, Robert Mueller, Sports, and Pop Culture

Last Friday, the most anticipated political moment of the Trump Presidency occurred: The Mueller Report was completed and submitted to the Justice Department. Within minutes of the breaking news, every cable news channel, political blog, and Facebook newsfeed was flooded with a flurry of opinions without any new details. While it is a perfect example of the hyper-polarization of today’s political climate, it is also a microcosm of a much deeper trend that transcends politics. Like our interest levels in sports, music, and entertainment in general, our passion is no longer rational and under control. Due to the global reach of social media with immediate access to anything that strokes our most passionate interests, it is no longer acceptable to be a casual fan. You are required to devote a level of obsession that previously was considered psychotic.

Through social media and advancements in technology, fans of any form of entertainment have access to stoke their curiosity level from casual to knowledgeable to obsessive. There are Facebook groups, hashtags, fan pages, message boards, YouTube channels, smart apps, etc., dedicated to every cinematic or musical genre, sport, team, political candidate, and political or current event. If you are a fan of your college team, there are multiple message boards that provide in-depth analysis, recruiting updates, and behind-the-scenes stories regarding potential coaching challenges that keep you informed before any of it hits the mainstream news. If you are a fan of the WWE, you have an on-demand network that has every match, pay-per-view, or show. If you are a big video gamer, you can play every game online with people across the globe on every gaming console (Xbox, PlayStation, Nintendo, PC) that matches your skill level and personal tastes. Simply put, if you have more than a surface-level interest in something, you will be exposed to enough material to progress that interest from ‘Intrigued’ to ‘Passionate’.

Like our entertainment options, the same options are available for our political tastes. Whether it’s the cable news channels that unabashedly market to a specific political affiliation, Facebook groups and fan pages devoted to individual candidates or causes, or the pre-determined newsfeed of our Facebook page from the people we associate with, it is nearly impossible for someone with an interest in politics to not make the emotional leap from a responsible voter to outspoken advocate. As one’s interest grows, the pressure from fellow believers is to only communicate and associate with likeminded views while censuring out anything that challenges or competes with that unassailable principle. One’s community is no longer your next-door neighbours or co-workers; it’s the hundreds of people we communicate with daily across the world. In many cases, these ‘friends’ are people we have never met and will never meet in person.

As our created communities become more politically homogeneous, our tolerance for divergent views weakens. If this were a football game, we became ‘That’ fan with our face and chest painted in team colors standing in sub-freezing temperatures heckling every opposing player or fan present. No one questions our fandom, but opposing fans and even some mutual fans, will dodge us to avoid making a scene or listen to a guilt trip for being a ‘Fairweather fan’. As voters transform from the family taking their kids to their first ballgame to ‘That’ fan, the political candidates who best play to ‘That’ fan are the ones that rise to the top. Donald Trump is NOT the cause of this dynamic, he is the byproduct of it.  

President Trump is the perfect byproduct of this phenomena. For the most part, no one is a casual fan or critic of him. He uses this dynamic to provoke the (predictable) reactions from his audience. If this was a neutral stadium, he’s provoking the liquored-up super fans from both teams to go at in the stands. In a vacuum, we generally find this behavior disgusting, but the reality is we all had a hand in this. The reality is we are all guilty of being ‘That’ fan (I am guilty when it comes to A&M football, Spurs basketball, and the WWE). For some of us, it’s politics. For others, it’s a sports franchise, musical artist, or gaming community. Having passion for something is a GREAT thing, but if our passion controls our behavior and character it will continue to poison the well for future generations. 

Similar Read: A Center-Right Response to Climate Change

SOTU Reactions… From the Left, Center, and Right

The president delivered his State of the Union speech last night (2/5/19) under a different set of circumstances… with a new speaker of the House in Nancy Pelosi and a Democratic-led House of Representatives, not to forget a government shutdown looming, all eyes were on Trump. The fear of socialism, immigration, and the border wall were just a few of the many topics he spoke about.

We asked a few of our contributors to weigh in and this is what they had to say…

“In regards to the State of the Union address, I had a hard time deciphering if it was truly the annual update on the process of our Nation or a cameo-filled tribute to the President by the President, flashing all the cool things he has done. One thing I will say is the President has improved his cadence while speaking, as I thankfully didn’t cringe during the entire speech. He hid his usual brash outbursts; however, his viewpoints, particularly on the issues of the Southern border and international relations, were not the most unifying. I found it particularly offensive that he did not address, or better yet THANK, all the federal employees and contractors who worked for 30+ days without getting paid. I pray for the sake of our Nation that the President and Congress come to a middle ground so we don’t have a second government shutdown.” – Left Healthcare Professional 

“Listening to the SOTU left me angry and confused.  It felt like a lot of fluff about unity and being morally correct in the same speech he demonized immigrants.  Once again #45 finds way to instill fear instead of understanding just in an effort to get his way. I would have loved to hear about a real threat to America, such as gun control, our crippling education system, immigration reform, and police brutality.  But none of that was mentioned, just another way to push his agenda of fear.”  – Center Single Mom 

“It was much less divisive than anything we have seen from DC in months. The president remains at odds from the House, but undoubtedly he’s going to get a bounce off the floor he’s been on since January. I don’t know that it changes much in the long-term. The wall is coming – and with it will be the court challenges of what’s pretty certain to be an executive action. The Mueller probe will likely bring a House effort against the president no matter what the findings, and polarization is likely to get more poignant rather than less. But for now, the president has some breathing room, and there is still a lot left of his agenda that’s out there to capture. ” – Right Army Veteran   

Perspectives are important, from the Left, Center, and Right. We should not focus on Trump’s approval rating, which will get an inevitable bump similar to most presidents after they rally the country in their SOTU speech. Instead, we should focus on the citizens who are impacted by his leadership and the gridlock in Washington.

Do you agree with our perspectives?

Trump’s December, A Week To Remember

This has been a rough month for the Trump presidency, especially the week of December 17th, 2018… certainly a week to remember…  

The government shutdown, although a partial shutdown, it’s still significant considering Trump requested $5 billion for border wall funding and failed to get the votes needed from Congress. It’s important to note that Republicans currently control the three branches of government, yet have failed to deliver on the Trump’s campaign promise. The Dems won the House in the November midterms, so expect this fight to continue with Trump and Republicans losing leverage as he prepares for the second half of his first term.

Pulling troops from Syria and Afghanistan, an announcement that came from left field has everyone including our allies shaking their heads and trying to prepare for the aftermath of such a decision. It’s rumored that Turkey President Erdoğan informed Trump of his plan to move in on the Kurds and Trump made the decision to pull our troops shortly thereafter. It’s the ultimate betrayal to our allies and the news certainly shook members of Congress, both Democrats and Republicans.

James Mattis, Secretary of Defense, immediately resigned following Trump’s announcement to pull troops. Mattis, a highly respected military official, leaving the White House is a historic resignation. His resignation letter didn’t even include the generic salutation most cabinet resignations mention. Scheduled to officially leave his post in February, Trump has decided to replace him much sooner… on January 1st, former Boeing Executive Patrick Shannahan will assume the position as acting Secretary of Defense. Shannahan’s authority will be extremely limited until he’s confirmed by the Senate. 

The markets are down… a lot. In fact, the markets are having their worst year since the Great Recession. Trump often brags about the markets regarding the success of his Presidency and policy decisions, but he’s avoided the topic as of late. Many fear that the run might be over. On Sunday (12/23/18), Steven Mcuchin, Secretary of Treasury, called the Chief Executives of the United States 6 largest banks (Goldman, JP Morgan Chase, Wells Fargo, BOA, Citigroup, and Morgan Stanley). He reported that they have “ample liquidity” to continue lending to consumers and businesses, unlike times during the 2008 financial crisis. But why is such a confirmation needed? 

Trump signed First Step into law, aka the Criminal Justice Reform Act. While it only impacts the criminal justice system at the federal level, which is roughly 10% (181,000) of the total US prison population (2.1 million), it’s certainly a historic piece of legislation; yet, failed to get the news coverage it deserved. So what exactly does the bill do…

  • It further reduces the disparity between crack and powder cocaine sentences at the federal level, which partially addresses the mass incarceration of Black and Brown people in this country.
  • It takes several meaningful steps to ease mandatory minimum sentences under federal law.
  • Inmates can now get “earned time credits” by participating in more vocational and rehabilitative programs. Such credits would grant them early release to halfway houses, which would increase their opportunities to participate in educational programs and likely reduce the recidivism rate.

All of this news is amidst Mueller’s Russia investigation which continues to be a staple in the daily news. Rumors have surfaced that Mueller will release his report as early as February, but who knows. Either way, this has been a rocky December, especially the week of December 17th. And with Dems taking over the House, it won’t get any easier for Trump and top Republicans to govern. 

Mueller’s Russia Investigation: Why this Big NothingBurger will be Trump’s Saving Grace

Let’s face it folks… It’s been over two years since the FBI used real Russian Collusion via Hillary’s Campaign financing, the infamous Trump Dossier through Fusion GPS, and Russian Operatives to start investigating Trump for fake Russian Collusion.  And it’s been a year and a half since Mueller started spending millions of dollars trying to prove Russian Collusion… and NOTHING.  They used the Hillary-financed fake (or at least unverified) dossier to start surveilling Trump’s associate, Carter Page, and others.  And yes, they did ‘tap’ Trump Tower looking for information. They said they did all this to protect poor vulnerable Mr. Trump from the big bad Russians, yet they did not surveil the Hillary campaign who actually did get hacked by the Russians!  Hmmm? Seems odd… almost like they had other reasons for doing so? 

So after two years and many lives of very decent (Gates, Papadoplous & Flynn) and some not so decent (Manafort & Cohen) people being ruined by this investigation, there have been many indictments.  The charges so far include tax evasion and lying to the FBI, but nothing to tie any of these men to Russia and certainly not collusion. Mueller is ruining lives by trying to force these men and others to take plea deals so he can squeeze them for other information on Trump or bury them with legal fees if they don’t falsely admit to lying.  It’s a sad time for our Constitution when an individual’s rights and freedoms are violated for political reason or any reason for that matter.

So how is Mueller’s Russia Investigation Trump’s Saving Grace?  

It starts with the fact that after 2 years, NO American citizen has been charged with anything even close to collusion with the Russians.  Zero.  And that is very significant.  Trump has tweeted ‘no collusion’ and ‘witch hunt’ with regard to Mueller’s investigation hundreds of times, which in essence established the benchmark Mueller needs to hit to prove that the investigation was worthwhile — proof of Trump working with Russia to influence the election. For many of his supporters, anything short of that mark is indeed a sign that Mueller has come up dry.  And that may prove to be Trump’s saving grace. 

One of the main issues facing the President is campaign financing.  That story alone is exceptional in the history of presidential campaign behavior.  Even the idea that a President would be implicated in an illegal payoff to secure an election would be an unusual occurrence in U.S. history, especially one where he won by less than 100,000 votes in 3 key states. 

Trump set the high standard of misbehavior at ‘direct collusion’ months before any of this other stuff emerged. For every new revelation about criminal activity by people related to the Trump campaign or for every new development in the campaign finance story, the immediate response from Trump and his base is consistent: “Where’s the collusion? Show me the collusion.”

Imagine if this Russia investigation or these campaign finance allegations didn’t exist?  Imagine if Trump’s evolving lies about what happened were the most significant issue the President faced? The direct pressure he faced would probably be more significant.  The Russian Collusion ‘Witch Hunt’ will never implicate Trump in any criminal activity. The fact that it occupies the public’s minds right now instead of the campaign finance issue gives Trump cover.  So, for all of his dislike of the Mueller Russia Investigation, it just might end up being his Saving Grace.

Cohen Stands Alone

As my father used to say, “A man without a center can have no sides.” That saying seems perfectly suited to Michael Cohen, former fixer for Donald Trump, as he was sentenced today to three years in prison despite loudly and vehemently decrying his former boss – to whom he once declared fervent loyalty.

And yet the President sent him clear signals in pardoning Scooter Libby – a man with little need of a pardon, having already had his sentence commuted, regained his voting rights and even having been reinstated to the bar.

Libby was, in fact, a good model for a man who finds himself in his initial position. Libby stayed loyal to VP Cheney and (perhaps?) to President Bush, went to jail quietly and returned with a place to go, the same powerful friends, a life and the ability to earn a living. Why side with Mueller when your ally is a multi-billionaire with pardoning power, willing to use that power in the first year of his term? 

Cohen would have been wise to have taken a hint. Manifort surely seemed to in his final days. Upon realizing he was still likely to see prison, Manafort self-destructed as a witness, preferring some time in prison to a lifetime of isolation from friends, colleagues, and his profession.

Cohen it seems was never that smart. Making a career compensating for a lack of skills and work ethic with ethical flexibility, he found himself blowing in the winds of more determined men – and so he finds himself today as he heads off to prison. He is likely to find few friends in jail as a ‘rat’ who turned on his boss, and may find even fewer as he returns home without his profession, friends, or his former self-professed mentor.

Don’t feel sorry for Cohen. He’s a criminal. And what’s more, he’s a buffoon of a criminal who sacrificed his ethics for his boss, and then sacrificed his boss for nothing at all.  

WHEN IT RAINS, IT POURS (A BLACK WOMAN AND TWO FELONS)

Last week, Omarosa Manigault, formerly Trump’s lone Black advisor, did her rounds blasting the President. Of course, she wrote a book looking to cash in. Nothing new there. Besides, that seems to be the de facto move immediately following a relationship going south in Washington. But even more interesting, she’s claiming to have more than 200 recordings of her time in the White House. One can only guess what’s on those recordings. She’s also claiming that Trump is a racist and has said the N word. I’m not sure what’s worse, the fact that some pundits have suggested that such a tape would be a deal breaker, as if the President has shown no signs of discrimination rhetorically or policy wise, or the fact that Omarosa wants us to believe she didn’t know or think the President was a racist for the past 20 years until the moment Kelly fired her in the Situation Room.

Either way, this dog, as he referred to her in a tweet, might have his card and stop at nothing to ruin him… and in Trump fashion, get paid while doing it.

This week, as if things couldn’t get any worse, Trump’s former campaign chairman, Paul Manafort, was found guilty on 8 felony charges including tax and bank fraud.

And his long time “fixer” attorney, Michael Cohen, who once vowed to take a bullet for the President, did the exact opposite and pleaded guilty to 8 felony charges including campaign financing violations.

Weeks ahead. Mueller and his team are clearly working hard. Omarosa will likely leak tape after tape as slowly as possible to ensure she cashes in for as much and as long as she can. Convicted felon Manafort’s second trial, where he faces charges of lying to the FBI and money laundering, begins next month in Washington, DC. Cohen has shown his true colors, the facade of being a loyal solider didn’t last long when he was faced with an ultimatum. Oh, and the mid-terms are coming up.

Can the Democrats gain enough momentum to win big and take back the House? With all this chaos surrounding Trump and the White House, if Dems can’t capitalize and convince voters to vote Blue instead of Red in November, this country deserves a Trump presidency and everything that comes with it. After all, the American people will have voted for him… twice.

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