He had appeared to violate the rule. He was warned. He was given an explanation. Nevertheless, he persisted.
The hour of maximum danger is upon us, and the gentleman from New York and his accessories and apologists and appeasers are apoplectic. These bad magicians are good at distraction, but they are not pulling any rabbits out of the hat. Nevertheless, people insist that Presto the Magnificent is the best.
Self-styled "conservatives" are hugging technicalities and hanging ten on a tangent. When it comes to the Special Prosecutor's investigation, over and over again they say there is no "collusion." They are technically right and totally wrong. There is conspiracy, which is the legal term.
Unlike Presto, let us make the Russian Connection disappear. Imagine Comey spent the night sitting on the curb with Willie the Wino passing the paper sack back and forth, which contained a fine wine aged since yesterday, and was in a drunken stupor when he composed his memoranda. Will anyone then say, "Ta-da!"?
During the transition, Richard Painter, former ethics lawyer for Bush the Younger, and Laurence Tribe, a professor of constitutional law at Harvard University, warned the gentleman from New York about the emoluments clause. Walter Shaub, the Director of the Office of Government Ethics, offered to assist him with divestiture. That was given no consideration and was not accepted. Thus, from the moment he said, "So help me God" he has been in violation of the Constitution, and the benefit of the doubt cannot erase "high crimes and misdemeanors." (Article II, Section 4) Wherefore an impeachment resolution can be drafted from the frame of reference of the self-styled "strict constructionists" that would find the gentleman from New York in violation of the emoluments clause, the take care clause, the oath, and therefore in contempt of the Constitution. (Article I, Section 9, Clause 8; Article II, Section 3 & Article II, Section 1, Clause 8)
The warning signs came early--"I am your voice"--and often--"I alone can fix it." And there was cause for concern: "I am the only one that matters."
The first word in the Constitution is "WE." The only time "I" appears is in the oath to uphold the supreme law of the land; the "I" acts on behalf of the "WE." And so, the bond has been broken.
Despite distractions, the Russian Connection has not disappeared. And to three infamous names--Lucifer, Judas, and Benedict Arnold--a fourth shall soon be added, that of the gentleman from New York.
(c)2017 Marvin D. Jones. All rights reserved.
https://www.newyorker.com/news/ryan-lizza/walter-shaubs-desperate-attempts-to-make-trump-adhere-to-government-ethics
https://www.lawfareblog.com/ethics-rules-are-national-security-rules
Friday, December 29, 2017
Wednesday, December 13, 2017
Forty-seven Shades Freed
Fantasy is fine--in its time and place. But horror is another story.
The destination is in the distance. From here to there--and between then and now--is only a matter of time.
On October 13, 1307--Friday the thirteenth--a sovereign tried to destroy those to whom he was indebted, the Special Forces of his time--the Knights Templar. King Philip the Fair of France was anything but. And because beauty is in the eye of the beholder, the same applies.
Mischief began with a missive composed by Mr. Cotton. His compost attracted forty-six other gadflies, and they made a field of schemes.
"If you build it, he will come."
On October 13, 2017--Friday the thirteenth--the gentleman from New York tried to benefit those to whom he is indebted. The man who claimed bone spurs in a heel, yet could not remember which one made it impossible for him to answer his country's call, stood in the Diplomatic Reception Room of the White House on the Unknown Foot--entombed in a Ferragamo, known but to God--before a portrait of George Washington, the Commander in Chief of the Continental Forces who made the United States of America and the Presidency possible, and had no problem taking steps that may put the lives of other people's children at risk. After all, he uses other people's money with reckless abandon.
When the gentleman from New York made his statement on the Joint Comprehensive Plan of Action, it was as if Jason Voorhees had come to life. But he was only a character in a movie.
"The Iran regime has committed multiple violations of the agreement. For example, on two separate occasions, they have exceeded the limit of 130 metric tons of heavy water. Until recently, the Iranian regime has also failed to meet our expectations in its operation of advanced centrifuges."
Yukiya Amano, Director of the International Atomic Energy Agency, says Iran is in compliance.
"The JCPOA is a substantial gain for verification, because the combination of the Comprehensive Safeguards Agreement, Additional Protocol and additional transparency measures represents the most robust verification system in existence anywhere in the world. The JCPOA has led to a significant reduction in Iran's nuclear activities....
"As far as nuclear activities are concerned, Iran accepted many restrictions. For example, its stockpile of low enriched uranium hexafluoride must not exceed 300 kilos and the number of centrifuges used for producing low enriched uranium must not go above 5,060. The Agency verifies and monitors that Iran is abiding by these restrictions....
"Before the JCPOA, Iran carried out activities which were in contravention of UN resolutions valid at that time, so more detailed reporting was required. That is not the case today." (IAEA, November 14, 2017)
..."(W)hile the United States adheres to our commitment under the deal, the Iranian regime continues to fuel conflict, terror, and turmoil throughout the Middle East and beyond."
"You could say it's a terrible deal because it doesn't cover Hezbollah, and Syria, and Yemen, and missiles, and human rights. That's not what the agreement is," said Ernest Moniz, a nuclear physicist and former Secretary of Energy intimately involved in the negotiations.
"The ballistic missile tests are inconsistent with UN Security Council resolutions, but this is separate from the nuclear deal," said Kelsey Davenport, Director for Nonproliferation Policy at the Arms Control Association.
The UN Security Council resolution which supports the agreement is a recommendation, not a requirement, regarding other matters:
"Iran is called upon not to undertake any activity related to ballistic missiles designed to be capable of delivering nuclear weapons, including launches using such ballistic missile technology, until the date eight years after the JCPOA Adoption Day."
Nevertheless, the agreement has caused Iran to get rid of 98% of its highly-enriched uranium and 13,000 centrifuges, and destroy the core of the reactor at Arak that was capable of producing weapons-grade plutonium. (Vox, August 7, 2017)
"Iran is not living up to the spirit of the deal."
"...(T)he IAEA has verified, I believe seven times now since the implement day that Iran has implemented the deal faithfully, fully, and complete. Unfortunately," said Iranian Foreign Minister Mohammad Javad Zarif, "we cannot make the same statement about the United States...."
"Specifically what?" asked Fareed Zakaria.
"For instance, when the White House made an announcement a couple of days ago that President Trump used his presence in Hamburg during the G20 meeting in order to dissuade leaders other--from other countries. To engage in business with Iran. That is a violation of not the spirit but of the letter of JCPOA, of the nuclear deal. And I believe the United States needs to bring itself into compliance with its part of the obligation under the deal, Iran has been complying, it has been verified by the IAEA." (CNN, July 16, 2017)
Zarif was referring to a statement by then Deputy Press Secretary Sarah Huckabee Sanders regarding the conduct of the gentleman from New York at the G20 summit.
"In his discussions with more than a dozen foreign leaders, he underscored the need for nations to join together to strip terrorists of their funding, territory and ideological support--and to stop doing business with nations that sponsor terrorism, especially Iran." (White House Press Briefing, July 10, 2017)
"If he truly did wander around the G20 and said, 'Don't do business with Iran,' I think that's a pretty reasonable argument for the Iranians to make," according Richard Nephew, the former Principal Coordinator for Sanctions Policy at the State Department. "It's easily a violation of the spirit of the deal. Based on a plain-text reading of the (nuclear deal), I would characterize that to be a breach of our obligation." (Vox, August 8, 2017)
"...(I)n recognition of the increasing menace posed by Iran, and after extensive consultations with our allies, I am announcing a new strategy to address the full range of destructive actions." (Emphasis added)
"Renegotiating part of the agreement or the entire agreement is not an option," according to Federica Mogherini, the High Representative of the European Union for Foreign Affairs and Security Policy. "If you reopen one part of it, the entire agreement is reopened and you will probably enter into another12 years of renegotiations." (The New York Times, November 8, 2017)
"...(I)n the event we are not able to reach a solution working with the Congress and our allies, then the agreement will be terminated. It is under continuous review, and our participation can be cancelled by me...at any time."
"The President of the United has many powers, but not this one," said Mogherini. (The Guardian, October 13, 2017)
Ya got trouble, my friend, right here,
I say, trouble right here in River City.
The Mischief Man began with An Open Letter to the Leaders of the Islamic Republic of Iran. Thus, the gentleman from Arkansas played a part in producing the pretext which makes some wish he had stayed
in the land of cotton,
Old times there are not forgotten;
Look away! Look away! Look away!--r'ality.
"...Congress passed the Iran Nuclear Review Act to ensure that Congress's voice would be heard on the deal. Among other conditions, this law requires the President, or his designee, to certify that the suspension of sanctions under the deal is 'appropriate and proportionate' to measure--and other measures taken by Iran to terminate its illicit nuclear program. Based on the factual record I have put forward, I am announcing today that we cannot and will not make this certification." (Emphasis added)
The IAEA, which is acknowledged in the Act, says that Iran is in compliance, and the other parties concur.
The spoiled child who was spared the rod needs a public spanking. Words have meaning, and they matter. Policymaking by temper tantrum of one with a case of the terrible twos is inexcusable. Sound policy depends upon clarity, and the truth, which helps us to see clearly, is best glimpsed from various angles and put together like the pieces of a puzzle.
"Congress's voice" was never in danger of being ignored, as Professor Woodrow Wilson noted long ago in an observation too often overlooked or undervalued.
"Quite as important as legislation is vigilant oversight of administration; and even more important than legislation is the instruction and guidance in political affairs which the people might receive from a body which kept all national concerns suffused in a broad daylight of discussion."
Thus, even before the Case Act of 1972, the Legislature could be engaged.
"It is the proper duty of a representative body to look diligently into every affair of government and to talk much about what it sees. It is meant to be the eyes and the voice, and to embody the wisdom and will of its constituents." (Congressional Government: A Study in American Politics by Woodrow Wilson, 297 & 303, Fifteenth Edition)
Two questions can be posed to the officers of the national security establishment--the Armed Forces, the Intelligence Community, and the Diplomatic Corps: Do you agree or disagree with the assertion of the gentleman from New York? Or would you be satisfied with certification of Iran's compliance? If the latter, a veto proof joint resolution would serve as a dictionary for the uninformed and provide a definition left out of the Iran Nuclear Review Act of 2015, perhaps because such a thing had heretofore been thought unnecessary, to wit, certify--to confirm, assure, to attest as being true or accurate, an acknowledgement of reality.
Unlike the Mischief Man--and INRA--which The New York Times called "A Reckless Act" and said "there is no constitutional imperative requiring Congress to insert itself into the negotiations," simply stating that the purpose of the agreement is being met is not an encroachment on executive power. (The New York Times, April 14, 2015) Instead, it is a reminder to "take care that the laws be faithfully executed." (Article II, Section 3, Clause 5)
The fantasy of "Forty-seven Shades of Nay" has given way to Rod Serling's Night Gallery. The artist is Salvador Dali. The subject is surreality, which leaves one wishing that described a squire whose shoulders were tapped by the sword of a monarch. But some assume the position for another reason.
Comrade Putin's kneepads are keeping the gentleman from New York comfortable as he squanders America's soft power.
"We have made it clear that the European Union and its member states will protect European interests," said Federica Mogherini, the High Representative of the European Union for Foreign Affairs and Security Policy. (The New York Times, November 8, 2017)
Unnecessary divisions create openings at home as well as abroad. And speaking of the gift that keeps on giving, Jefferson Beauregard Sessions III left no doubt as to where he stands--or sits on his hands--and with whom.
On October 18, 2017, Senator Ben Sasse (R-NE) addressed the gentleman from Alabama.
"I would like to continue talking about the Russians but in the context of the long-term objectives that Vladimir Putin has to undermine American institutions and the public trust.... We face a sophisticated long-term effort by a foreign adversary to undermine our foreign policy and our ability to lead in the world by trying to undermine confidence in American institutions."
After pointing out the dangers ahead in 2018 and 2020, he continued.
"We live at a time where info ops and propaganda and misinformation are a far more cost-effective way for people to try to weaken the United States of America than by thinking they can outspend us at a military level.... So as the nation's chief law enforcement officer and as a supervisor of multiple components of our Intelligence Community...do you think we're doing enough to prepare for future interference by Russia and other foreign adversaries in the information space?"
"Probably not," Sessions replied. "We're not. And the matter is so complex that for most of us, we are not able to fully grasp the technical dangers that are out there."
As Sessions continued, another question came to mind: "Who is this that darkeneth counsel by words without knowledge?" (Job 38:2, KJV)
"So what steps has the Department taken," Sasse asked, "or should the Department take to learn the lessons of 2016...in fighting foreign interference?"
Sessions reply was non-responsive, so Sasse picked up where he left off.
"Do you think the Department of Justice has a proactive role in looking at hardening our democratic process against foreign interference?"
Sessions acknowledged what the Senator said and eventually got around to answering his question.
"I am not sure we have a specific review underway at this point in time." (Foreign Policy, October 20, 2017)
On November 14, 2017, Representative Bradley Schneider (D-IL) addressed the gentleman from Alabama.
"With the 2018 elections less than one year away and given your acknowledgement this is a serious, complex matter that's deserving a real review, specifically what steps have you taken to protect our elections next year?"
"You've raised a good point. I have not followed through to see where we are on that. And I will personally take action to do so," Sessions said. "A lot of things been happening. We are working on a lot of great agenda items. But this one is important and I acknowledge that. And I should be able to give you better information today than I am." (Talking Points Memo, November 14, 2017)
When elections in Europe and America are disrupted, who benefits? Well, at least NFL players are not kneeling to service a foreign power. But, instead, we are watching the sequel where the Joint Comprehensive Plan of Action becomes the Chief Traitor's Junk Claptrap Pot of Absurd--"Forty-seven Shades Freed."
(c)2017 Marvin D. Jones. All rights reserved.
1) http://www.history.com/topics/friday-the-13th [Friday the thirteenth]
2) http://www.marvinjones.blogspot.com/2015/06/forty-seven-shades-of-nay.html [The Mischief Man]
3) https://www.npr.org/2017/10/13/557622096/transcript-trump-s-remarks-on-iran-nuclear-deal [GFNY’s Remarks]
4) https://www.iaea.org/newscenter/statements/director-generals-remarks-on-iran-the-jcpoa-and-the-iaea [IAEA]
5) https://www.vox.com/2017/8/7/16089848/trump-iran-deal-nuclear-spirit-rip-up
6) http://transcripts.cnn.com/TRANSCRIPTS/1707/16/fzgps.01.html [CNN, July 16, 2017]
7) https://youtu.be/eoXICZ4QfvQ [Above interview]
8) https://www.whitehouse.gov/the-press-office/2017/07/10/press-briefing-principal-deputy-press-secretary-sarah-sanders-and [GFNY violating the Iran Nuclear Agreement at G-20]
9) https://www.theguardian.com/us-news/2017/oct/13/trump-iran-nuclear-deal
10) https://youtu.be/LI_Oe-jtgdI [The Music Man, "Ya Got Trouble"]
11) http://www.chicagotribune.com/news/opinion/commentary/ct-trump-iran-deal-mess-20171016-story.html [squanders America’s soft power]
12) http://foreignpolicy.com/2017/10/20/jeff-sessions-just-confessed-his-negligence-on-russia/
https://youtu.be/G9z6WlwN8C0 [youtube, 3:09-3:22, "in fighting foreign interference?"]
13) http://www.msnbc.com/rachel-maddow/watch/sessions-testimony-reveals-no-doj-plan-to-protect-elections-1076576835986
The destination is in the distance. From here to there--and between then and now--is only a matter of time.
On October 13, 1307--Friday the thirteenth--a sovereign tried to destroy those to whom he was indebted, the Special Forces of his time--the Knights Templar. King Philip the Fair of France was anything but. And because beauty is in the eye of the beholder, the same applies.
Mischief began with a missive composed by Mr. Cotton. His compost attracted forty-six other gadflies, and they made a field of schemes.
"If you build it, he will come."
On October 13, 2017--Friday the thirteenth--the gentleman from New York tried to benefit those to whom he is indebted. The man who claimed bone spurs in a heel, yet could not remember which one made it impossible for him to answer his country's call, stood in the Diplomatic Reception Room of the White House on the Unknown Foot--entombed in a Ferragamo, known but to God--before a portrait of George Washington, the Commander in Chief of the Continental Forces who made the United States of America and the Presidency possible, and had no problem taking steps that may put the lives of other people's children at risk. After all, he uses other people's money with reckless abandon.
I. Point-Counterpoint
When the gentleman from New York made his statement on the Joint Comprehensive Plan of Action, it was as if Jason Voorhees had come to life. But he was only a character in a movie.
"The Iran regime has committed multiple violations of the agreement. For example, on two separate occasions, they have exceeded the limit of 130 metric tons of heavy water. Until recently, the Iranian regime has also failed to meet our expectations in its operation of advanced centrifuges."
Yukiya Amano, Director of the International Atomic Energy Agency, says Iran is in compliance.
"The JCPOA is a substantial gain for verification, because the combination of the Comprehensive Safeguards Agreement, Additional Protocol and additional transparency measures represents the most robust verification system in existence anywhere in the world. The JCPOA has led to a significant reduction in Iran's nuclear activities....
"As far as nuclear activities are concerned, Iran accepted many restrictions. For example, its stockpile of low enriched uranium hexafluoride must not exceed 300 kilos and the number of centrifuges used for producing low enriched uranium must not go above 5,060. The Agency verifies and monitors that Iran is abiding by these restrictions....
"Before the JCPOA, Iran carried out activities which were in contravention of UN resolutions valid at that time, so more detailed reporting was required. That is not the case today." (IAEA, November 14, 2017)
..."(W)hile the United States adheres to our commitment under the deal, the Iranian regime continues to fuel conflict, terror, and turmoil throughout the Middle East and beyond."
"You could say it's a terrible deal because it doesn't cover Hezbollah, and Syria, and Yemen, and missiles, and human rights. That's not what the agreement is," said Ernest Moniz, a nuclear physicist and former Secretary of Energy intimately involved in the negotiations.
"The ballistic missile tests are inconsistent with UN Security Council resolutions, but this is separate from the nuclear deal," said Kelsey Davenport, Director for Nonproliferation Policy at the Arms Control Association.
The UN Security Council resolution which supports the agreement is a recommendation, not a requirement, regarding other matters:
"Iran is called upon not to undertake any activity related to ballistic missiles designed to be capable of delivering nuclear weapons, including launches using such ballistic missile technology, until the date eight years after the JCPOA Adoption Day."
Nevertheless, the agreement has caused Iran to get rid of 98% of its highly-enriched uranium and 13,000 centrifuges, and destroy the core of the reactor at Arak that was capable of producing weapons-grade plutonium. (Vox, August 7, 2017)
"Iran is not living up to the spirit of the deal."
"...(T)he IAEA has verified, I believe seven times now since the implement day that Iran has implemented the deal faithfully, fully, and complete. Unfortunately," said Iranian Foreign Minister Mohammad Javad Zarif, "we cannot make the same statement about the United States...."
"Specifically what?" asked Fareed Zakaria.
"For instance, when the White House made an announcement a couple of days ago that President Trump used his presence in Hamburg during the G20 meeting in order to dissuade leaders other--from other countries. To engage in business with Iran. That is a violation of not the spirit but of the letter of JCPOA, of the nuclear deal. And I believe the United States needs to bring itself into compliance with its part of the obligation under the deal, Iran has been complying, it has been verified by the IAEA." (CNN, July 16, 2017)
Zarif was referring to a statement by then Deputy Press Secretary Sarah Huckabee Sanders regarding the conduct of the gentleman from New York at the G20 summit.
"In his discussions with more than a dozen foreign leaders, he underscored the need for nations to join together to strip terrorists of their funding, territory and ideological support--and to stop doing business with nations that sponsor terrorism, especially Iran." (White House Press Briefing, July 10, 2017)
"If he truly did wander around the G20 and said, 'Don't do business with Iran,' I think that's a pretty reasonable argument for the Iranians to make," according Richard Nephew, the former Principal Coordinator for Sanctions Policy at the State Department. "It's easily a violation of the spirit of the deal. Based on a plain-text reading of the (nuclear deal), I would characterize that to be a breach of our obligation." (Vox, August 8, 2017)
"...(I)n recognition of the increasing menace posed by Iran, and after extensive consultations with our allies, I am announcing a new strategy to address the full range of destructive actions." (Emphasis added)
"Renegotiating part of the agreement or the entire agreement is not an option," according to Federica Mogherini, the High Representative of the European Union for Foreign Affairs and Security Policy. "If you reopen one part of it, the entire agreement is reopened and you will probably enter into another12 years of renegotiations." (The New York Times, November 8, 2017)
"...(I)n the event we are not able to reach a solution working with the Congress and our allies, then the agreement will be terminated. It is under continuous review, and our participation can be cancelled by me...at any time."
"The President of the United has many powers, but not this one," said Mogherini. (The Guardian, October 13, 2017)
Ya got trouble, my friend, right here,
I say, trouble right here in River City.
The Mischief Man began with An Open Letter to the Leaders of the Islamic Republic of Iran. Thus, the gentleman from Arkansas played a part in producing the pretext which makes some wish he had stayed
in the land of cotton,
Old times there are not forgotten;
Look away! Look away! Look away!--r'ality.
"...Congress passed the Iran Nuclear Review Act to ensure that Congress's voice would be heard on the deal. Among other conditions, this law requires the President, or his designee, to certify that the suspension of sanctions under the deal is 'appropriate and proportionate' to measure--and other measures taken by Iran to terminate its illicit nuclear program. Based on the factual record I have put forward, I am announcing today that we cannot and will not make this certification." (Emphasis added)
The IAEA, which is acknowledged in the Act, says that Iran is in compliance, and the other parties concur.
II. Correction
The spoiled child who was spared the rod needs a public spanking. Words have meaning, and they matter. Policymaking by temper tantrum of one with a case of the terrible twos is inexcusable. Sound policy depends upon clarity, and the truth, which helps us to see clearly, is best glimpsed from various angles and put together like the pieces of a puzzle.
"Congress's voice" was never in danger of being ignored, as Professor Woodrow Wilson noted long ago in an observation too often overlooked or undervalued.
"Quite as important as legislation is vigilant oversight of administration; and even more important than legislation is the instruction and guidance in political affairs which the people might receive from a body which kept all national concerns suffused in a broad daylight of discussion."
Thus, even before the Case Act of 1972, the Legislature could be engaged.
"It is the proper duty of a representative body to look diligently into every affair of government and to talk much about what it sees. It is meant to be the eyes and the voice, and to embody the wisdom and will of its constituents." (Congressional Government: A Study in American Politics by Woodrow Wilson, 297 & 303, Fifteenth Edition)
Two questions can be posed to the officers of the national security establishment--the Armed Forces, the Intelligence Community, and the Diplomatic Corps: Do you agree or disagree with the assertion of the gentleman from New York? Or would you be satisfied with certification of Iran's compliance? If the latter, a veto proof joint resolution would serve as a dictionary for the uninformed and provide a definition left out of the Iran Nuclear Review Act of 2015, perhaps because such a thing had heretofore been thought unnecessary, to wit, certify--to confirm, assure, to attest as being true or accurate, an acknowledgement of reality.
Unlike the Mischief Man--and INRA--which The New York Times called "A Reckless Act" and said "there is no constitutional imperative requiring Congress to insert itself into the negotiations," simply stating that the purpose of the agreement is being met is not an encroachment on executive power. (The New York Times, April 14, 2015) Instead, it is a reminder to "take care that the laws be faithfully executed." (Article II, Section 3, Clause 5)
III. Chanel No. 5
The fantasy of "Forty-seven Shades of Nay" has given way to Rod Serling's Night Gallery. The artist is Salvador Dali. The subject is surreality, which leaves one wishing that described a squire whose shoulders were tapped by the sword of a monarch. But some assume the position for another reason.
Comrade Putin's kneepads are keeping the gentleman from New York comfortable as he squanders America's soft power.
"We have made it clear that the European Union and its member states will protect European interests," said Federica Mogherini, the High Representative of the European Union for Foreign Affairs and Security Policy. (The New York Times, November 8, 2017)
Unnecessary divisions create openings at home as well as abroad. And speaking of the gift that keeps on giving, Jefferson Beauregard Sessions III left no doubt as to where he stands--or sits on his hands--and with whom.
On October 18, 2017, Senator Ben Sasse (R-NE) addressed the gentleman from Alabama.
"I would like to continue talking about the Russians but in the context of the long-term objectives that Vladimir Putin has to undermine American institutions and the public trust.... We face a sophisticated long-term effort by a foreign adversary to undermine our foreign policy and our ability to lead in the world by trying to undermine confidence in American institutions."
After pointing out the dangers ahead in 2018 and 2020, he continued.
"We live at a time where info ops and propaganda and misinformation are a far more cost-effective way for people to try to weaken the United States of America than by thinking they can outspend us at a military level.... So as the nation's chief law enforcement officer and as a supervisor of multiple components of our Intelligence Community...do you think we're doing enough to prepare for future interference by Russia and other foreign adversaries in the information space?"
"Probably not," Sessions replied. "We're not. And the matter is so complex that for most of us, we are not able to fully grasp the technical dangers that are out there."
As Sessions continued, another question came to mind: "Who is this that darkeneth counsel by words without knowledge?" (Job 38:2, KJV)
"So what steps has the Department taken," Sasse asked, "or should the Department take to learn the lessons of 2016...in fighting foreign interference?"
Sessions reply was non-responsive, so Sasse picked up where he left off.
"Do you think the Department of Justice has a proactive role in looking at hardening our democratic process against foreign interference?"
Sessions acknowledged what the Senator said and eventually got around to answering his question.
"I am not sure we have a specific review underway at this point in time." (Foreign Policy, October 20, 2017)
On November 14, 2017, Representative Bradley Schneider (D-IL) addressed the gentleman from Alabama.
"With the 2018 elections less than one year away and given your acknowledgement this is a serious, complex matter that's deserving a real review, specifically what steps have you taken to protect our elections next year?"
"You've raised a good point. I have not followed through to see where we are on that. And I will personally take action to do so," Sessions said. "A lot of things been happening. We are working on a lot of great agenda items. But this one is important and I acknowledge that. And I should be able to give you better information today than I am." (Talking Points Memo, November 14, 2017)
When elections in Europe and America are disrupted, who benefits? Well, at least NFL players are not kneeling to service a foreign power. But, instead, we are watching the sequel where the Joint Comprehensive Plan of Action becomes the Chief Traitor's Junk Claptrap Pot of Absurd--"Forty-seven Shades Freed."
(c)2017 Marvin D. Jones. All rights reserved.
1) http://www.history.com/topics/friday-the-13th [Friday the thirteenth]
2) http://www.marvinjones.blogspot.com/2015/06/forty-seven-shades-of-nay.html [The Mischief Man]
3) https://www.npr.org/2017/10/13/557622096/transcript-trump-s-remarks-on-iran-nuclear-deal [GFNY’s Remarks]
4) https://www.iaea.org/newscenter/statements/director-generals-remarks-on-iran-the-jcpoa-and-the-iaea [IAEA]
5) https://www.vox.com/2017/8/7/16089848/trump-iran-deal-nuclear-spirit-rip-up
6) http://transcripts.cnn.com/TRANSCRIPTS/1707/16/fzgps.01.html [CNN, July 16, 2017]
7) https://youtu.be/eoXICZ4QfvQ [Above interview]
8) https://www.whitehouse.gov/the-press-office/2017/07/10/press-briefing-principal-deputy-press-secretary-sarah-sanders-and [GFNY violating the Iran Nuclear Agreement at G-20]
9) https://www.theguardian.com/us-news/2017/oct/13/trump-iran-nuclear-deal
10) https://youtu.be/LI_Oe-jtgdI [The Music Man, "Ya Got Trouble"]
11) http://www.chicagotribune.com/news/opinion/commentary/ct-trump-iran-deal-mess-20171016-story.html [squanders America’s soft power]
12) http://foreignpolicy.com/2017/10/20/jeff-sessions-just-confessed-his-negligence-on-russia/
https://youtu.be/G9z6WlwN8C0 [youtube, 3:09-3:22, "in fighting foreign interference?"]
13) http://www.msnbc.com/rachel-maddow/watch/sessions-testimony-reveals-no-doj-plan-to-protect-elections-1076576835986
Monday, November 06, 2017
Urgent
But yesterday the word of Donold
Might have stood against the truth; now cuff'd he there;
And none so poor to beg his pardon.*
There has been another major contribution! And we are getting closer--only $9,999,999.96 to go.
Might have stood against the truth; now cuff'd he there;
And none so poor to beg his pardon.*
Urgent
In real estate, it is location, location, location. With this gang, it is indictments, indictments, indictments.
Emergency
As you know, bail for Manafort has been set at $10 million. So the hat is being passed to help, and the ladies in the office have been generous with their support. As of now, there are three imaginary cents in the bank. And so, an appeal is made to you to do whatever you can. We only have $9,999,999.97 to go. Thanks in advance.
Update
There has been another major contribution! And we are getting closer--only $9,999,999.96 to go.
Update
Another generous contribution of a nickel, with a request of four cents change, means we only have $9,999,999.95 to go.
Alert
"You need to stop."
But, despite the hazards, the pursuit of justice continues.
Notice
Feel free to pass the hat at work. Surely, the ladies there will be as generous as the ones here.
Warning
Some males have expressed fear of being "run out of town" by the women in their offices. But do not be afraid. They will probably be unable to resist an opportunity to support those who assist the gentleman from New York in his never-ending efforts for women.
Doofus Don, what's those handcuffs you have on?
Could it be related to crimes of days gone by?
And did I hear you say, marshals ameeting you here today
To take you to the dungeon 'neath Bear Claw?^
(c)2017 Marvin D. Jones. All rights reserved.
*Apologies to William Shakespeare
http://www.justice.gov/file/1007271/download [indictments, indictments, indictments]
https://youtu.be/Lcb-Fsx_phM [bonus feature]
Tuesday, October 17, 2017
Patriot Games?
O'er the land of the free and the home of the brave?
"PERFECTION is not attainable," said Vince Lombardi. "But if we chase perfection, we can catch excellence."
"Sweetheart, they are different from the other teams."
My girlfriend was not American and was only watching because of me. Yet she could tell.
"This is hard enough--doing the offense-defense drill--when the defense is not on the field. He is making it look like they are not even there."
Joe Montana and the 49ers had a saying: "We are playing against perfection." The team was not perfect. But they touched excellence. And it was a sight to behold.
Or the land of the screed and the home of the knave?
Now a man who never served--and mocks those who do--wraps himself in the flag. Now the man, who stood before the wall at CIA Headquarters, and talked about himself, and ignored the stars of fallen officers, pretends to be a patriot. A coward who heard about courage condemns--or ignores--those who have it.*
Those who kneel during the National Anthem are not rebels without a cause. They are reminding the smug what it means to be an American. After all, the country's birth certificate is a document of dissent. It was written because a monarch had refused to listen. Dramatic action was the only way to get his attention. And now, when a faulty selection process and bad training make it possible for some "peace officers" to kill unarmed American citizens, one must petition the Government for a redress of grievances.
It is easy to point out our shortcomings because we put our ideals down on paper. And it is hard to get back up after falling, only to rise and fall again--repeatedly. But at least we used to make an effort.
And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes, and our sacred honor.
The United States of America is not perfect. The Preamble demands continuous striving "in order to form a more perfect Union" so that WE THE PEOPLE can catch excellence.
The haughty in high position may learn a lesson--with the blessing of Washington, Knox, and Hamilton--about humility in a forgotten report.
Therefore, it ought to be a permanent rule, that those who in youth decline or refuse to subject themselves to the course of military education, established by the laws, should be considered as unworthy of public trust or public honors, and be excluded therefrom accordingly.^
(c)2017 Marvin D. Jones. All rights reserved.
*https://youtu.be/VRUWtag5EFk
http://www.msnbc.com/rachel-maddow/watch/trump-ducks-failure-to-address-green-beret-deaths-with-obama-lie-1074770499780
https://www.dailykos.com/stories/2017/10/15/1707053/-Trump-s-Bullying-Backfires-NFL-To-Take-Up-Protestor-s-Cause
^http://www.marvinjones.blogspot.com/2013/08/much-is-required.html
"PERFECTION is not attainable," said Vince Lombardi. "But if we chase perfection, we can catch excellence."
"Sweetheart, they are different from the other teams."
My girlfriend was not American and was only watching because of me. Yet she could tell.
"This is hard enough--doing the offense-defense drill--when the defense is not on the field. He is making it look like they are not even there."
Joe Montana and the 49ers had a saying: "We are playing against perfection." The team was not perfect. But they touched excellence. And it was a sight to behold.
Or the land of the screed and the home of the knave?
Now a man who never served--and mocks those who do--wraps himself in the flag. Now the man, who stood before the wall at CIA Headquarters, and talked about himself, and ignored the stars of fallen officers, pretends to be a patriot. A coward who heard about courage condemns--or ignores--those who have it.*
Those who kneel during the National Anthem are not rebels without a cause. They are reminding the smug what it means to be an American. After all, the country's birth certificate is a document of dissent. It was written because a monarch had refused to listen. Dramatic action was the only way to get his attention. And now, when a faulty selection process and bad training make it possible for some "peace officers" to kill unarmed American citizens, one must petition the Government for a redress of grievances.
It is easy to point out our shortcomings because we put our ideals down on paper. And it is hard to get back up after falling, only to rise and fall again--repeatedly. But at least we used to make an effort.
And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes, and our sacred honor.
The United States of America is not perfect. The Preamble demands continuous striving "in order to form a more perfect Union" so that WE THE PEOPLE can catch excellence.
The haughty in high position may learn a lesson--with the blessing of Washington, Knox, and Hamilton--about humility in a forgotten report.
Therefore, it ought to be a permanent rule, that those who in youth decline or refuse to subject themselves to the course of military education, established by the laws, should be considered as unworthy of public trust or public honors, and be excluded therefrom accordingly.^
(c)2017 Marvin D. Jones. All rights reserved.
*https://youtu.be/VRUWtag5EFk
http://www.msnbc.com/rachel-maddow/watch/trump-ducks-failure-to-address-green-beret-deaths-with-obama-lie-1074770499780
https://www.dailykos.com/stories/2017/10/15/1707053/-Trump-s-Bullying-Backfires-NFL-To-Take-Up-Protestor-s-Cause
^http://www.marvinjones.blogspot.com/2013/08/much-is-required.html
Thursday, September 07, 2017
The Schlesinger Moment*
Because the United States of America was once a backwater province of the British Empire, it must be remembered that, prior to the Declaration, the Colonies sought, in countless petitions, "the rights of Englishmen"; and therefore, even after independence, the work of a certain writer in the former mother country had significant influence on the other side of the pond. William Blackstone's Commentaries on the Laws of England are cited and alluded to in The Federalist Papers, which are the commentaries on the Constitution.
On September 17, 1787, as Benjamin Franklin and James McHenry left on the final day of the Federal Convention, they were approached by Mrs. Powel of Philadelphia.
"Well, Doctor, what have we got--a republic or a monarchy?"
"A republic," Franklin replied, "if you can keep it."
A monarchy is one thing, a republic another.
"...(T)he king of Great Britain is a perpetual and HEREDITARY prince. The one would be amenable to personal punishment and disgrace; the person of the other is sacred and inviolable." (The Federalist Papers, No. 69)
Thus began Alexander Hamilton's comparison of the Chief Magistrate of the Union with the British monarch, and, as Blackstone shows, the contrast could not be more stark.
...(B)y law the person of the king is sacred, even though the measures pursued in his reign
be completely tyrannical and arbitrary.... For, as a king cannot misuse his power, without
the advice of evil counsellors, and the assistance of wicked ministers, these men may be
examined and punished. The constitution has therefore provided, by means of indictments,
and parliamentary impeachments, that no man shall dare to assist the crown in contradiction
to the laws of the land. But it is at the same time a maxim in those laws, that the king
himself can do no wrong; since it would be a great weakness and absurdity in any system
of positive law, to define any possible wrong, without any possible redress. (Blackstone,
Volume I, 235 & 237; emphasis added)
The person of one is "sacred and inviolable"; his ministers are held responsible; and there is more.
BESIDES the attribute of sovereignty, the law also ascribes to the king, in his political
capacity, absolute perfection. The king can do wrong. Which antient and fundamental
maxim is not to be understood, as if every thing transacted by the government was of
course just and lawful, but means only two things. First, that whatever is exceptionable
in the conduct of public affairs is not to be imputed to the king, nor is he answerable for
it personally to his people: for this doctrine would totally destroy that constitutional
independence of the crown, which is necessary for the balance of power, in our free
and active, and therefore compounded, constitution. And, secondly, it means that the
prerogative of the crown extends not to do any injury: it is created for the benefit of
the people, and therefore cannot be exerted to their prejudice. (Blackstone, Volume I,
238-239; emphasis added)
I. Background
On September 17, 1787, as Benjamin Franklin and James McHenry left on the final day of the Federal Convention, they were approached by Mrs. Powel of Philadelphia.
"Well, Doctor, what have we got--a republic or a monarchy?"
"A republic," Franklin replied, "if you can keep it."
II. Beginning
WE THE PEOPLE of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.
III. Tension
A monarchy is one thing, a republic another.
"...(T)he king of Great Britain is a perpetual and HEREDITARY prince. The one would be amenable to personal punishment and disgrace; the person of the other is sacred and inviolable." (The Federalist Papers, No. 69)
Thus began Alexander Hamilton's comparison of the Chief Magistrate of the Union with the British monarch, and, as Blackstone shows, the contrast could not be more stark.
...(B)y law the person of the king is sacred, even though the measures pursued in his reign
be completely tyrannical and arbitrary.... For, as a king cannot misuse his power, without
the advice of evil counsellors, and the assistance of wicked ministers, these men may be
examined and punished. The constitution has therefore provided, by means of indictments,
and parliamentary impeachments, that no man shall dare to assist the crown in contradiction
to the laws of the land. But it is at the same time a maxim in those laws, that the king
himself can do no wrong; since it would be a great weakness and absurdity in any system
of positive law, to define any possible wrong, without any possible redress. (Blackstone,
Volume I, 235 & 237; emphasis added)
The person of one is "sacred and inviolable"; his ministers are held responsible; and there is more.
BESIDES the attribute of sovereignty, the law also ascribes to the king, in his political
capacity, absolute perfection. The king can do wrong. Which antient and fundamental
maxim is not to be understood, as if every thing transacted by the government was of
course just and lawful, but means only two things. First, that whatever is exceptionable
in the conduct of public affairs is not to be imputed to the king, nor is he answerable for
it personally to his people: for this doctrine would totally destroy that constitutional
independence of the crown, which is necessary for the balance of power, in our free
and active, and therefore compounded, constitution. And, secondly, it means that the
prerogative of the crown extends not to do any injury: it is created for the benefit of
the people, and therefore cannot be exerted to their prejudice. (Blackstone, Volume I,
238-239; emphasis added)
IV. Meaning
"A republic, by which I mean a government in which the scheme of representation takes place...." (The Federalist Papers, No. 10) And then James Madison goes into more detail.
...(W)e may define a republic to be, or at least may bestow that name on, a government
which derives all its powers directly or indirectly from the great body of the people, and
is administered by persons holding their offices during pleasure, for a limited period, or
during good behavior. It is ESSENTIAL to such a government that it be derived from the
great body of the society, not from an inconsiderable proportion, or a favored class of it;
otherwise a handful of tyrannical nobles, exercising their oppressions by a delegation of
their powers, might aspire to the rank of republicans, and claim for their government the
honorable title of republic. It is SUFFICIENT for such a government that the persons
administering it be appointed, either directly or indirectly, by the people; and that they
hold their appointments by either of the tenures just specified; otherwise every government
in the United States, as well as every other popular government that has been or can be
well organized or well executed, would be degraded from the republican character.
(The Federalist Papers, No. 39; CAPITAL emphasis Madison's; italics added)
...(W)e may define a republic to be, or at least may bestow that name on, a government
which derives all its powers directly or indirectly from the great body of the people, and
is administered by persons holding their offices during pleasure, for a limited period, or
during good behavior. It is ESSENTIAL to such a government that it be derived from the
great body of the society, not from an inconsiderable proportion, or a favored class of it;
otherwise a handful of tyrannical nobles, exercising their oppressions by a delegation of
their powers, might aspire to the rank of republicans, and claim for their government the
honorable title of republic. It is SUFFICIENT for such a government that the persons
administering it be appointed, either directly or indirectly, by the people; and that they
hold their appointments by either of the tenures just specified; otherwise every government
in the United States, as well as every other popular government that has been or can be
well organized or well executed, would be degraded from the republican character.
(The Federalist Papers, No. 39; CAPITAL emphasis Madison's; italics added)
V. Executives
Among other things, the Presidency was to be defined by these elements--"competent powers," "a due dependence on the people" and "a due responsibility." (Alexander Hamilton, The Federalist Papers, No. 70) All powers of the Chief Magistrate of the Union, who "would be an officer elected by the people for FOUR YEARS," are to be used for the benefit of the Republic. (Alexander Hamilton, The Federalist Papers, No. 69) The individual has no rights and privileges beyond those of any other citizen. Executive privilege, for instance, pertains to the office. The distinction between the individual and the institution is placed in sharp relief by the oath--"I do solemnly swear that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States"--for the only time "I" appears is in the oath to uphold the supreme law of the land; the "I" acts on behalf of the "WE."
"The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors." (Article II, Section 4) The Chief and his Deputy and the Cabinet are responsible, for "in a republic...every magistrate ought to be personally responsible for his behavior in office." (Alexander Hamilton, The Federalist Papers, No. 70; emphasis added) That insures checks and balances or, in other words, "Ambition must be made to counteract ambition." (James Madison, The Federalist Papers, No. 51) In England, there is a different maxim "for the sake of the public peace." (Alexander Hamilton, The Federalist Papers, No. 70)
VI. Pardons
The Framers carefully crafted power in respect to public service, not service to self. That was a constant, which must be kept in mind as the focus turns to one of the competent powers.
"The President...shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment." (Article II, Section 2, Clause 1)
Hamilton examines its use in the most dangerous situation.
The expediency of vesting the power of pardoning in the President has, if I mistake not,
been only contested in relation to the crime of treason. This, it has been urged, ought to
have depended upon the assent of one, or both, of the branches of the legislative body....
And this ought the rather to be the case, as the supposition of the connivance of the
Chief Magistrate ought not to be entirely excluded. But there are also strong objections
to such a plan. It is not to be doubted, that a single man of prudence and good sense is
better fitted, in delicate conjunctures, to balance the motives which may plead for and
against the remission of the punishment, than any numerous body whatever. It deserves
particular attention, that treason will often be connected with seditions which embrace
a large proportion of the community.... But the principal argument for reposing the
power of pardoning in this case to the Chief Magistrate is this: in seasons of insurrection
or rebellion, there are often critical moments, when a well-timed offer of pardon to the
insurgents or rebels may restore the tranquillity of the commonwealth....
been only contested in relation to the crime of treason. This, it has been urged, ought to
have depended upon the assent of one, or both, of the branches of the legislative body....
And this ought the rather to be the case, as the supposition of the connivance of the
Chief Magistrate ought not to be entirely excluded. But there are also strong objections
to such a plan. It is not to be doubted, that a single man of prudence and good sense is
better fitted, in delicate conjunctures, to balance the motives which may plead for and
against the remission of the punishment, than any numerous body whatever. It deserves
particular attention, that treason will often be connected with seditions which embrace
a large proportion of the community.... But the principal argument for reposing the
power of pardoning in this case to the Chief Magistrate is this: in seasons of insurrection
or rebellion, there are often critical moments, when a well-timed offer of pardon to the
insurgents or rebels may restore the tranquillity of the commonwealth....
And Hamilton provides perspective on the decisionmaking process.
"Humanity and good policy conspire to dictate, that the benign prerogative of pardoning should be as little as possible fettered or embarrassed.... As the sense of responsibility is always strongest, in proportion as it is undivided, it may be inferred that a single man would be most ready to attend to the force of those motives which might plead for a mitigation of the rigor of the law, and least apt to yield to considerations which were calculated to shelter a fit object of its vengeance." (The Federalist Papers, No. 74; emphasis added)
The gentleman from New York was thoughtful on the subject of "the complete power to pardon"--thoughts full of his aides, his family, and himself. Why should any of them be "subject to indictment, trial, judgment, and punishment according to law"? (Article I, Section 3, Clause 7)
If the king can do no wrong, he has no need to pardon himself. But Blackstone takes pains to explain the precise meaning of a phrase otherwise easily misrepresented or misunderstood.
AFTER what has been premised in this chapter, I shall not (I trust) be considered as an
advocate for arbitrary power, when I lay it down as a principle, that in the exertion of
lawful prerogative, the king is and ought to be absolute; that is, so far absolute, that
there is no legal authority that can either delay or resist him.... For otherwise the
power of the crown would indeed be but a name and a shadow, insufficient for the
ends of government, if, where its jurisdiction is clearly established and allowed, any
man or body of men were permitted to disobey it, in the ordinary course of law: I say,
in the ordinary course of law; for I do not now speak of those extraordinary recourses
to first principles, which are necessary when the contracts or society are in danger of
dissolution, and the law proves too weak a defence against the violence of fraud or
oppression. And yet the want of attending to this obvious distinction has occasioned
these doctrines, of absolute power in the prince and of national resistance by the people,
to be much misunderstood and perverted by the advocates for slavery on the one hand,
and the demagogues of faction on the other. (Blackstone, Volume I, 243; emphasis
added)
advocate for arbitrary power, when I lay it down as a principle, that in the exertion of
lawful prerogative, the king is and ought to be absolute; that is, so far absolute, that
there is no legal authority that can either delay or resist him.... For otherwise the
power of the crown would indeed be but a name and a shadow, insufficient for the
ends of government, if, where its jurisdiction is clearly established and allowed, any
man or body of men were permitted to disobey it, in the ordinary course of law: I say,
in the ordinary course of law; for I do not now speak of those extraordinary recourses
to first principles, which are necessary when the contracts or society are in danger of
dissolution, and the law proves too weak a defence against the violence of fraud or
oppression. And yet the want of attending to this obvious distinction has occasioned
these doctrines, of absolute power in the prince and of national resistance by the people,
to be much misunderstood and perverted by the advocates for slavery on the one hand,
and the demagogues of faction on the other. (Blackstone, Volume I, 243; emphasis
added)
If the President of the United States can pardon himself, his person is more "sacred and inviolable" than that of the king because the Supreme Court has said that "a pardon...carries an imputation of guilt; acceptance a confession of it." (Burdick v. United States, 236 US 94) Thus, such a deed would mean the President can do no wrong with impunity; and the words of Chief Justice John Marshall would be meaningless: "The Government of the United States has been emphatically termed a government of laws, not of men." (Marbury v. Madison, 5 US 163) But by his dissent in Olmstead v. United States, Justice Brandeis paid a decent respect to the opinions of mankind with a message for all who take the oath seriously: "Our Government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the Government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy." (277 US 485)
There are consequences when the king acts in "an unconstitutional manner." Are there to be none when the President does the same?
IN the exertion therefore of those prerogatives, which the law has given him, the king is
irresistible and absolute, according to the forms of the constitution. And yet, if the
consequence of that exertion be manifestly to the grievance or dishonor of the kingdom,
the parliament will call his advisers to a just and severe account. For prerogative
consisting (as Mr. Locke has well defined it) in the discretionary power of acting for the
public good, where the positive laws are silent, if that discretionary power be abused to
the public detriment, such prerogative is exerted in an unconstitutional manner. Thus
the king may make a treaty with a foreign state, which shall irrevocably bind the nation;
and yet, when such treaties have been judged pernicious, impeachments have pursued
those ministers, by whose agency or advice they were concluded. (Blackstone, Volume I,
244; emphasis added)
irresistible and absolute, according to the forms of the constitution. And yet, if the
consequence of that exertion be manifestly to the grievance or dishonor of the kingdom,
the parliament will call his advisers to a just and severe account. For prerogative
consisting (as Mr. Locke has well defined it) in the discretionary power of acting for the
public good, where the positive laws are silent, if that discretionary power be abused to
the public detriment, such prerogative is exerted in an unconstitutional manner. Thus
the king may make a treaty with a foreign state, which shall irrevocably bind the nation;
and yet, when such treaties have been judged pernicious, impeachments have pursued
those ministers, by whose agency or advice they were concluded. (Blackstone, Volume I,
244; emphasis added)
Note the conditions under which a king grants pardons.
IN criminal proceedings, or prosecutions for offences, it would still be a higher absurdity,
if the king personally sate in judgment; because in regard to these he appears in another
capacity, that of prosecutor. All offences are either against the king's peace, or his crown
and dignity; and are so laid in every indictment. For, though in their consequences they
generally seem (except in the case of treason and a very few others) to be rather offences
against the kingdom than the king; yet, as the public, which is an invisible body, has
delegated all its power and rights, with regard to the execution of the laws, to one visible
magistrate, all affronts to that power, and breaches of those rights, are immediately
offences against him, to whom they are so delegated by the public. He is therefore the
proper person to prosecute for all public offences and breaches of the peace, being the
person injured in the eye of the law.... And hence also arises another branch of the
prerogative, that of pardoning offences; for it is reasonable that he only who is injured
should have the power of forgiving. (Blackstone, Volume I, 258-259)
if the king personally sate in judgment; because in regard to these he appears in another
capacity, that of prosecutor. All offences are either against the king's peace, or his crown
and dignity; and are so laid in every indictment. For, though in their consequences they
generally seem (except in the case of treason and a very few others) to be rather offences
against the kingdom than the king; yet, as the public, which is an invisible body, has
delegated all its power and rights, with regard to the execution of the laws, to one visible
magistrate, all affronts to that power, and breaches of those rights, are immediately
offences against him, to whom they are so delegated by the public. He is therefore the
proper person to prosecute for all public offences and breaches of the peace, being the
person injured in the eye of the law.... And hence also arises another branch of the
prerogative, that of pardoning offences; for it is reasonable that he only who is injured
should have the power of forgiving. (Blackstone, Volume I, 258-259)
Here, offenses are against the United States. In England, offenses are against the king and, as the injured party, he grants pardons. But as no one who has caused an injury can demand and expect to receive an apology, so the President, who affronts the United States, cannot pardon himself, although he may indulge in personal forgiveness.
"Responsibility is of two kinds--to censure and to punishment. The first is the more important of the two, especially in an elective office. Man, in public trust, will much oftener act in such a manner as to render him unworthy of being any longer trusted, than in such a manner as to make him obnoxious to legal punishment." (Alexander Hamilton, The Federalist Papers, No. 70; emphasis added)
At high noon on the twentieth of January, the gentleman from New York stood in opposition to the emoluments clause and the take care clause as well. (Article I, Section 9, Clause 8 & Article II, Section 3) From the moment His Excellency said, "So help me God" he was in violation of the Constitution. The man who was supposed to "take care that the laws be faithfully executed" chose to execute "the supreme law of the land." (Article II, Section 3 & Article VI, Clause 2)
High crimes and misdemeanors "are those offenses which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust." (Article II, Section 4 & Alexander Hamilton, The Federalist Papers, No. 65) But the oath was dismissed with a wave of his hand. After all, how can one "preserve, protect and defend" the very thing he upends? ALL OF THOSE ARE IMPEACHABLE OFFENSES. Therefore the gentleman from New York
is in contempt of the Constitution. Thus, there are already major violations regardless of the Russian investigation. How can one then use the supreme law of the land as a shield?
is in contempt of the Constitution. Thus, there are already major violations regardless of the Russian investigation. How can one then use the supreme law of the land as a shield?
"Under the fundamental rule that no one may be a judge in his own case, the President cannot pardon himself." (Memorandum Opinion for the Deputy Attorney General, August 5, 1974; hereinafter, Pardon Memorandum)
The phrase--a judge in his own cause--is not addressing a particular point, nor an actual position on the bench, but emphasizes a general principle. The mist is lifted by the light of James Madison, Alexander Hamilton, and William Blackstone. "No man is allowed to be a judge in his own cause, because his interest would certainly bias his judgment, and, not improbably, corrupt his integrity." (The Federalist Papers, No. 10; emphasis added) Madison is discussing faction. "No man ought certainly to be a judge in his own cause, or in any cause in respect to which he has the least interest or bias." (The Federalist Papers, No. 80; emphasis added) Hamilton is referring to the judiciary. Blackstone makes another distinction, in the context of war and peace, stating that letters of marque and reprisal are necessary "else every private sufferer would be a judge in his own cause." (Blackstone, Volume I, 251; emphasis added)
"A different approach to the pardoning problem could be taken under Section 3 of the Twenty-fifth Amendment. If the President declared that he was temporarily unable to perform the duties of his office, the Vice President would become Acting President and as such he could pardon the President. Thereafter the President could either resign or resume the duties of his office." (Pardon Memorandum; emphasis added)
What that describes is the side-step and glide. And the one who leads, if thought of as a matador, is the reason people root for the bull. What comes from that animal's behind helps crops grow. But what comes from the lips of the would-be Manolete is worthless. In retrospect, what we witnessed was the running of the mouths. A glaring exception would have the principle give way--declared invalid and slayed. The image is a sight to behold--a horror, because, as Hamilton observes, "it would generally be impolitic beforehand to take any step which might hold out the prospect of impunity." (The Federalist Papers, No. 74) The side-step and glide is not the style and stance of the classical matador.
"...(N)o suit or action can be brought against the king, even in civil matters, because no court can have jurisdiction over him. For all jurisdiction implies superiority of power: authority to try would be vain and idle, without an authority to redress; and the sentence of a court would be contemptible, unless that court had power to command the execution of it..." (Blackstone, Volume I, 235)
Unlike the king, suits can be brought against the President, Vice President, and the Cabinet while in office and definitely after.
"Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States: but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment, and punishment according to law." (Article I, Section 3, Clause 7)
After citing the above, an interpretation is provided.
"In our view, this clause does not require subsequent criminal proceedings; it merely provides that they would not constitute double jeopardy. To read this clause as mandatory would, of course, preclude any kind of pardon." (Pardon Memorandum; emphasis added)
As Hamilton noted, men in power more often make themselves untrustworthy, which would be an impeachable but not a criminal offense. Upon conviction, the ultimate remedy of impeachment is removal from office and disqualification; and for offenses that were not criminal, the individual would not be put twice in jeopardy of life or limb, having suffered only loss of position. So, in the matter of trust, the clause does not come into play. But as to criminal conduct, and because of historical evidence regarding the difference between a monarchy and a republic, the clause must be read to preclude any kind of pardon.
Flagrant violations do not require proceedings to state what is in plain sight; and the gentleman from New York has been in violation of the emoluments clause, the take care clause, the oath, and, therefore, in contempt of the Constitution from the beginning. To use a renowned scholar's phrase, "the complete power to pardon," according to Article II, Section 2, Clause 1, applies "except in cases of impeachment." Does that mean no pardons at all can be granted in the present circumstances, if the plain sight rule prevails?
This question--Can a President pardon himself?--is worthy of a comedian. But there is no punchline. So why tolerate, and even elevate such an assertion to the level of consideration, and act as if a response is required? The reason is that some take mere assertion and repetition seriously, almost as if they are magical and transmute the lead of lying into the gold of truth. But the notion recently suggested in a tweet that the President can do no wrong, if not debunked and thoroughly rebutted would give rise to royalty. And what could be more unconstitutional when the Fundamental Charter prohibits even the granting of titles of nobility? (Article I, Section 9, Clause 8 & Section 10, Clause 1)
At least Nixon did not say, "Well, when the President does it, that means it is not illegal" until after he left; and while in office, he refused to pardon his aides. Again, the gentleman from New York makes him look good.
Freedom of speech includes the right to listen. The one is written, the other implied or, more accurately--inherent. Because something is unstated or unseen is not to deny its existence. Astronomers often find new planets and moons by fluctuations in starlight or perturbations in orbits. In much the same way, historians determine the truth by studying the totality of an environment and its inhabitants. Their fluctuations and perturbations are character and conditions that reveal patterns which help to determine what happened and why.
American history is not a celebration of monarchy, nor an endorsement of despotism. From the Declaration to Franklin's remarks after the Convention, and from The Federalist Papers to the Preamble, "the manifest tenor of the Constitution" cannot be misunderstood. (Alexander Hamilton, The Federalist Papers, No. 78) Arguments from authority carry no weight. The Framers saw them as "chimerical." And those we hear now are nothing but the insolence of orifice.
"I believe no principle is more clearly laid down in the Constitution than that of responsibility," said James Madison on the floor of the first House of Representatives. (Speech, June 16, 1787) He spoke of the misuse of the removal power, and how its abuse by a President was an impeachable offense. The same standard applies to all of the "competent powers." So no precedent is necessary to reject the preposterous.
Among the objections to King George III were these:
He has obstructed the administration of justice by refusing to ascent to laws for
establishing judiciary powers.
establishing judiciary powers.
He has made Judges dependent on his will alone for the tenure of their offices, and the
amount and payment of their salaries.
amount and payment of their salaries.
The modus operandi of the King and the gentleman from New York may vary, but they are on the same tracks of "a long train of abuses and usurpations, pursuing invariably the same object...absolute despotism." A different time, the same destination, and the same engineer with a different mask.
A prince whose character is thus marked by every act that may define a tyrant is unfit to be
the ruler of a free people.
the ruler of a free people.
Some Anti-Federalists feared the Presidency was "the fetus of monarchy" which would grow into crown and royal robes. But that can only come to pass if the power to grant reprieves and pardons is made synonymous with a get out of jail free card in Monopoly.
VII. Done
The incongruity between a monarchy and a republic cannot be ignored. For the one, there is no separation between the person and the position. For the other, there is a distinction between the individual and the institution. Here, the Chief Executive is not "a perpetual magistrate" whose removal and prosecution is to be avoided "for the sake of the public peace." (Alexander Hamilton, The Federalist Papers, No. 70) Instead, they are to be sought "in order to form a more perfect Union."
President Jefferson did not deliver the State of the Union Address in person, although Washington and Adams had done so. He thought that was "too kingly for the new republic." Thus, once upon a time a President of the United States was circumspect in performing an undisputed constitutional duty. How times have changed!
FDR spoke of a "rendezvous with destiny." But the Fake Deluded Resident has given us a rendezvous with the ridiculous. Of course, Roosevelt knew he was President of the Republic, not King of the Realm.
A monarchy is one thing, a republic another. Nepotism is a feature of the former, merit the latter. But even in a monarchy a man must stand for something, and yet in the American Republic we have gone from a man for all seasons to a man for all flimflams. The gentleman from New York is, apparently, unaware that the age of whim is over, and, evidently, he has not heard that a king in the modern Western world is under a constitutional monarchy. And finally, a republic exists to benefit the many, not favor the few. Thus, the Preamble lays out markers by which WE THE PEOPLE measure progress toward a desired end--to "promote the general welfare, and secure the blessings of liberty to ourselves and our posterity."
In the First Treatise, John Locke cuts Sir Robert Filmer to pieces over divine right of kings. The only comparable undressing was a result of the swordfight between Zorro and Sgt. Garcia. But unlike the good sergeant, who was humbled in that legendary engagement, the gentleman from New York is between a dunce cap and a dungeon.
(c)2017 Marvin D. Jones. All rights reserved.
1) http://www.historycommons.org/context.jsp?item=a082274mediacoup&scale=0#a82274mediacoup
http://www.thedailybeast.com/the-most-patriotic-act-of-treason-in-american-history
*[The Schlesinger Moment arrives when one realizes that the oath transcends loyalty to any individual, institution, party, or policy and then acts accordingly.]
2) https://blogs.loc.gov/teachers/2016/09/a-republic-if-you-can-keep-it/ [Franklin, McHenry, and Mrs. Powel]
3) https://www.usatoday.com/story/news/politics/2017/07/22/2-hour-tweetstorm-trump-claims-presidents-complete-power-pardon/501887001/ [The gentleman from New York as rex]
4) http://www.msnbc.com/am-joy/watch/expert-calls-trump-emolument-magnet-824419395632
[emoluments clause]
https://www.theatlantic.com/politics/archive/2017/01/trumps-ethics-train-wreck/513446/
5) https://assets.documentcloud.org/documents/3892603/Op-Olc-Supp-v001-p0370-0.pdf [Pardon Memorandum]
http://www.msnbc.com/the-last-word/watch/trump-w-h-pressed-on-pardon-philosophy-amid-russia-probe-10320835235188
6) https://www.theguardian.com/theguardian/2007/sep/07/greatinterviews1 [Nixon's good qualities]
http://jfk.hood.edu/Collection/Weisberg%20Subject%20Index%20Files/U%20Disk/Unimpeachment%20Of%20Richard%20Nixon%20Manuscript/Blackmail-Other/Item%2001.pdf
7) https://youtu.be/ZHEfJZP2vPU ["Uprising" Threat]
8) Bookends: A Musical Tribute to the Gentleman from New York
https://youtu.be/5c5q8I4blaQ [Prologue]
https://youtu.be/fg4vzn00zGg [Epilogue]
9) http://www.marvinjones.blogspot.com/2015/06/mano-mano-football-and-fencing.html [Zorro and Sgt. Garcia]
http://www.thedailybeast.com/the-most-patriotic-act-of-treason-in-american-history
*[The Schlesinger Moment arrives when one realizes that the oath transcends loyalty to any individual, institution, party, or policy and then acts accordingly.]
2) https://blogs.loc.gov/teachers/2016/09/a-republic-if-you-can-keep-it/ [Franklin, McHenry, and Mrs. Powel]
3) https://www.usatoday.com/story/news/politics/2017/07/22/2-hour-tweetstorm-trump-claims-presidents-complete-power-pardon/501887001/ [The gentleman from New York as rex]
4) http://www.msnbc.com/am-joy/watch/expert-calls-trump-emolument-magnet-824419395632
[emoluments clause]
https://www.theatlantic.com/politics/archive/2017/01/trumps-ethics-train-wreck/513446/
5) https://assets.documentcloud.org/documents/3892603/Op-Olc-Supp-v001-p0370-0.pdf [Pardon Memorandum]
http://www.msnbc.com/the-last-word/watch/trump-w-h-pressed-on-pardon-philosophy-amid-russia-probe-10320835235188
6) https://www.theguardian.com/theguardian/2007/sep/07/greatinterviews1 [Nixon's good qualities]
http://jfk.hood.edu/Collection/Weisberg%20Subject%20Index%20Files/U%20Disk/Unimpeachment%20Of%20Richard%20Nixon%20Manuscript/Blackmail-Other/Item%2001.pdf
7) https://youtu.be/ZHEfJZP2vPU ["Uprising" Threat]
8) Bookends: A Musical Tribute to the Gentleman from New York
https://youtu.be/5c5q8I4blaQ [Prologue]
https://youtu.be/fg4vzn00zGg [Epilogue]
9) http://www.marvinjones.blogspot.com/2015/06/mano-mano-football-and-fencing.html [Zorro and Sgt. Garcia]
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