I must apologize to my readers -- and thank you at the same
time for coming back to this Blog that has been idle for about a month
now. Here is an offering of musings of
this elder mind on a current issue that has lasting significance at its core. I hope something catches your interest and
stimulates your own questioning, and maybe your activist spirit.
No Collusion! No Conspiracy! No
Obstruction! How does Donald Trump know for sure
that the Mueller report says any such thing unless he has seen it? Both Attorney General (AG) Barr and Trump say
he has not seen it, so he cannot know for sure that it says what his AG says it
says.
· We have nothing available to any of
us as to the actual content of the Special Counsel (SC) Report. We don’t even know
for certain the number of pages or number of words it contains;
· We have nothing before us except a
summary letter from Attorney General Barr
(https://www.scribd.com/document/402973432/AG-March-24-2019-Letter-to-House-and-Senate-Judiciary-Committees#from_embed ) to the Congress indicating that he
and his assistant, Rob Rosenstein, came to their summary conclusions based on
their review: “The Special Counsel’s
investigation did not find that anyone on the Trump campaign, or anyone
connected with it, conspired or
coordinated with Russia in its efforts to influence the 2016 presidential
election.”
· One thing we do know is that the AG
who interpreted and summarized the Mueller Report is the same person who
“applied for” the AG position when it was being researched in June of 2018. Barr pushed himself forward in the middle of
this process with a letter that criticized the Mueller probe and indicated how
it could be handled. Thus, when
nominated for the position, Barr was a known advocate for an outcome that would
be of great value to Trump.
· While the content of the Mueller
Report matters, so does the context.
Just what was Mueller’s original charge from the acting Attorney General,
Rob Rosenstein, at the time?
· Of particular interest is the scope statement in the order.
Mueller was given broad latitude to take the investigation to any matters that
“may arise from the investigation.”
The Special Counsel is
authorized to conduct the investigation confined by then-FBI Director James 8.
Comey in testimony before the House Permanent Select Committee on Intelligence
on March 20, 2017, including:
(I) any links and/or coordination between
the Russian government and individuals associated with the campaign of
President Donald Trump;
(ii) any matters that arose or may arise
directly from the investigation;
(iii) any other matters within the scope of
28 C.F.R. § 600.4
The U.S. Code reference in item
iii refers to the jurisdiction of special counsel. According to 28
C.F.R. § 600.4, the special counsel has three
jurisdictions to consider.
(a) Original jurisdiction. The jurisdiction of a Special Counsel shall be established by the Attorney General. The Special Counsel will be provided with a specific factual statement of the matter to be investigated. The jurisdiction of a Special Counsel shall also include the authority to investigate and prosecute federal crimes committed in the course of, and with intent to interfere with, the Special Counsel’s investigation, such as perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses; and to conduct appeals arising out of the matter being investigated and/or prosecuted.
(b) Additional jurisdiction. If in
the course of his or her investigation the Special Counsel concludes that
additional jurisdiction beyond that specified in his or her original
jurisdiction is necessary in order to fully investigate and resolve the matters
assigned, or to investigate new matters that come to light in the course of his
or her investigation, he or she shall consult with the Attorney General, who
will determine whether to include the additional matters within the Special
Counsel’s jurisdiction or assign them elsewhere.
(c) Civil and administrative jurisdiction. If in the course of his or her
investigation the Special Counsel determines that administrative remedies,
civil sanctions or other governmental action outside the criminal justice
system might be appropriate, he or she shall consult with the Attorney General
with respect to the appropriate component to take any necessary action. A
Special Counsel shall not have civil or administrative authority unless
specifically granted such jurisdiction by the Attorney General.
· Barr appears to have substituted his judgment for that of the SC, so that “exoneration” cannot be taken seriously until the entire report is open to the public and its scrutiny;
· Barr and Rosenstein are appointees of the President. Both are beholden to him for their jobs. Despite their supposed independence (in order to carry out their jobs), they could be described as ‘captives’ of the Oval Office and Trump Administration;
· Barr quoted very little of the multi-page Report, and, in fact, could be said to have “cherry-picked” the four partial quotes he did choose in order to accommodate the views of his “boss.” After all, this is the same man who wrote that long-winded letter to the Department of Justice last June setting forth his opinions about the ‘witch-hunt’ being conducted by the SC
· It must be asked, in all fairness: who ‘owns’ this report and who therefore has the right’ to see it in its entirety? In other words, who paid for all those resources that went into producing the SC investigation and the final Report?
Some would say the Executive Branch’s (DOJ) budget, having been duly authorized and appropriated by the Congress. Because appropriation of funds begins in the House, some would argue that the House ‘owns’ the Report and has the ‘right’ to see it.
I maintain -- when government claims ownership and the ‘right’ to say who will have access and disposition of certain reports or products -- true ownership and full product access belongs primarily to the taxpayers of this nation! I own the Mueller Report – YOU own the Mueller Report – WE own the Mueller Report! Despite what any government agent or agency tries to claim, we taxpayers have the right to see it in its entirety (minus any and all redactions) without further delay! (Therein lies another whole Blog topic which we must soon explore – denials of, and undue restrictions placed upon, broad citizen access to all the actions of our government).
In the end,
this isn’t just about Robert Mueller and the Special Counsel Report. This is all about abuse of power – by the
Congress, by the Judiciary, by the DOJ; by the Republican Party, by politicians
who have become agents of the President, by legislators who have failed to attend
to their constitutional duties of checks, balances and oversight. This is the result of people and their
representatives not speaking out or acting to correct the inequities,
injustices and inequalities that they know exist. This is about Party loyalty
or sponsor loyalty overriding what is right in favor of what is expedient and
what may well be enriching for one group above another.
So, let’s
get back to what Congress is formed to do – to legislate and to oversee the
execution of that legislation. Yes, Congress
should hold all the hearings necessary to explore this abuse of power, but in
the context of putting together legislation that will change and reform our
system.Trump’s political “victory” provided by Attorney General Barr must be the target of finding out details of legislation and regulations that will make sure that an Attorney General can never again interpret reports of a Special Counsel in a way that virtually obstructs the intent of those reports.
Perhaps, by not
coming to a firm conclusion on presidential charges, or at the very least, not
to consult with the AG on those results with a set of recommendations for
appropriate actions (see the second and third ‘jurisdictions’ above), Mueller
has perhaps contributed unwittingly to the abuse of power, because he may have
thereby lessened the importance of future Special Counsels, and enabled more politically
appointed AGs to put forth summary
conclusions that are not theirs to deliver.
Such conduct
on the part of an AG, and the missed opportunity by a SC, should never again be
allowed. The question of independence from the Executive, particularly from the
President, has been violated, and Mueller should perhaps have found a way to
prevent that circumstance. Public testimony
in front of a House Committee may help to ameliorate that situation.
What this ‘summary
judgment,’ this exoneration, this opinion on “no collusion” and “no
obstruction” comes down to is a pre-determined opinion given by an obsequious
applicant for the AG job he now holds, reaching the same decision he reached
months ago. We are all being bamboozled
by William Barr, and by Donald Trump, as usual.
Moreover, we
must understand that this is another portion of the Trump coup d’état. He has captured the Senate (and Republican parts
of the House). He has turned the Supreme
Court into a Right-wing Judiciary just waiting to rule in Trump’s favor on presidential
indictment; healthcare coverage, immigration restrictions, gun background
checks, as well as on the Mueller probe and on the right of the Head of State
to shut-down the government – whatever Trump desires, he will likely get...
Trump has
one goal and one goal only – control of all the power he can muster. He is not just a white nationalist – which
brand he uses because it sounds so bland.
He is a Fascist/Nazi/Despot sympathizer who is bent on control of our
government for his own selfish ends: the aggrandizement of himself, his company
and his family in that order. Every
speech and every action of his must be seen in that light or one misses the
meaning of the moment.
He has told
us (and so have his rabid followers) that he is intent on de-constructing
(destroying) the “deep state of liberalism” that he claims to be in existence. He has told us that the “administrative state”
must be de-constructed; he has demonstrated an uncanny ability to project upon
others the failings and flaws of his own character and administration.
Everything
he says or does is calculated to convince his followers that he acts on their
behalf, which is farthest from the truth.
He acts only for his own benefit, and that one benefit is power. He is obsessed with it; he is motivated by
it; he is under the spell of it; he is in awe of it. Which is why, of course that he practically
worships Putin, Un, the Saudi royal family, Venezuela’s current President, and
other tin-horn dictators throughout the world.
They demonstrate what he wants, and he can’t resist.
So, let us
return to the subject at hand: Trump
capture of power; complete control of government by nearly legitimate
means. He has so far managed to capture
control of the Senate (and thus of practically all forms of legislation). He has completely captured the Republican
Party to the extent that many so-called Republicans are fearful of even saying
one word that might disturb him. He has
successfully captured the offices of the Executive Branch, appointing heads and
assistants that pledge loyalty to him and who promise to obey his orders. He has captured the Judiciary by making
appointments of Justices to the Supreme Court and lower courts who will express
their loyalty to him in their decision-making geared to promote his policies
and his future control of all government (and institutional) functions.
In his
latest proposed budget, he is demonstrating his belief that he is free to do
anything he wishes, especially to enrich the wealthiest among us (and himself thereby). He uses his budget to display his current
belief that this nation must not become a socialist nation (even though he
praises the government-run Veterans Administration and its government-run
services, including its own health care system). He uses the presidential budget to attack
groups of people who depend upon government for services they need, but can’t
afford or can’t get access to in the private sector: like health care,
affordable housing, a complete and thorough public education; child care; pre-kindergarten;
Head Start; nutritious meals; long-term healthcare; affordable medications,
etc. His budget is devastating for all
areas of daily life that require government services and a modicum of
compassion for people with special needs or challenges.
What is not clearly
seen too often by modern mass media is that the stories of the day or the hour
are not simply separate “News Breaks” – they fit this pattern and purpose. They are woven together into a patchwork
quilt that covers one topic in all its aspects – the seizure of control, the
use and abuse of power.
Through the
Mueller Report and its treatment, we are approaching not just a constitutional
crisis, but a denouement of our entire system of government. We are on-the-brink of having one man in
power determining what laws will be obeyed and which can be ignored. We are facing presidential obstruction of
justice that could be upheld as inconsequential by our Department of Justice,
and by a radical Right-wing Supreme Court under the control of that Executive. We are facing the possibility that our next
general election in 2020 will be so controlled, manipulated and “fixed” that
the will of the people will be again distorted and undermined by the power held
by one man and his minions (with maybe again a little help from his communist
comrades).
As long as
leaders don’t speak out about abuses of power; as long as 40% of voters ignore
the pattern of control being foisted upon them to the extent they can ignore the
consequences and approve the unjust methods of such control; as long as the
People do not join groups dedicated to the health and well-being of others with
special needs; as long as we allow false narratives to occupy our minds and to
bend them in favor of power, punishment, discrimination against people of difference
or in unequal laws and processes of justice-seeking; as long as we give-up our
resources and our standing as equal citizens to a power-hungry bunch of
capitalist profit-mongers who use and abuse customers and consumers – we shall
not be ready when all of this falls upon our lives and robs us of all the
rights and freedoms we have long-endeavored to make available to all.
That future
is on our doorsteps. The elections of
2020 may determine our future and our fate.
Ignoring the meaning of clear signs and omens is like ignoring the signs
of global warming and environmental devastation that is prevalent in our day, despite
dire warnings from scientists all around this temporary globe.
Just waiting
to see what will happen is not enough.
Give support to leaders and representatives who understand what is
happening and reject those who do not. Abandon
those who seek special privilege; those who want violent revenge for political
action; those who cannot envision a peaceful world, and those who refuse to
construct government and its processes on the foundation of fairness,
accessibility and openness. Begin to withdraw support and fealty to those who
refuse to contribute their fair share to the well-being of our society and to the
diverse individuals who inhabit our communities. Those who work hard to make it from paycheck
to paycheck -- legally mandated to contribute to the successes of the
privileged few through pricing manipulations and government taxes -- must oppose
their mandated subsidizing of the rich and their wealthy corporations.
This is not
a game of politics; this is living of life and conducting government that must
be dedicated to the well-being of all its citizens, not just a chosen few. The handling of the Mueller Report is a sign
of capitulation to the dark side of absolute control and the wanton abuse of
power. The despotic liar, Donald Trump,
is at the core of this deceit. He is not
worthy of the office that he holds and must not be re-elected.
