Trump defensive strategy: delay, delay, delay

John R. Bolton

John Bolton, Trump’s former national security adviser, has indicated that he would testify in the impeachment hearing — BUT — he wants a judge to decide if he can continue to ignore the Judiciary Committee’s invitation to testify, as the president has ordered, or whether, as a former employee of the White House, he is not subject to the executive order.

Initially, I thought Bolton’s request for a judicial determination was a strictly CYA maneuver. But now his lawyer’s hint on Friday that Bolton knows about “many relevant meetings and conversations” that the House committee doesn’t suggests something more. The intimation that Bolton could supply new evidence is meant to be tantalizing. If the Democrats bite the bait by acceding to his request and taking him to court to force him to testify before the committee, the momentum of the hearings will be lost.

Delay only helps Trump.  The longer the impeachment inquiry drags on, the greater the chance that public interest in the eventual impeachment will subside. No one wants the impeachment to drag into a presidential year, and the first primary is only two and a half months away. The candidates for the nomination need to direct their attention to their campaigns. They can’t afford to be distracted by the impeachment.

Democrats already have all the evidence they need to impeach Trump, But Bolton’s position in the White House places him closer to the president than any of the other witnesses so far. His testimony would certainly be valuable to the Democrats and difficult for the Republicans to impugn.

Democrats must resist Republican attempts to bog down and obstruct the hearings by assailing the process, smearing the witnesses, and using the courts to delay unimpeachable testimony that will likely damn the president.

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Eyes on the Chief Justice

Will John Roberts defend the scofflaw Donald Trump, who boasts of being able to shoot someone in the middle of Fifth Avenue with impunity? We shall soon find out. 

Dahlia Lithwick, who writes about courts and the law for Slate Magazine, discusses the multiple lawsuits headed for the Supreme Court that will directly impact Trump’s fate, if not determine it. Federal and district courts have stymied Trump’s attempts to shield his tax returns from public scrutiny, to direct his cronies and White House staff (past and present) from testifying in the current impeachment inquiry, and to keep evidence presented to the Mueller grand jury inaccessible to the committees conducting the impeachment inquiry. Trump has appealed all these cases, and now the only place left for them to go is the Supreme Court.

Lithwick explains how the actions of the Chief Justice will affect the course and outcome of the impeachment inquiry. Roberts may agree to put the cases affecting the president on the docket this term, but the decisions would likely not come down until late spring, too late for an impeachment proceeding to use the testimony of key witnesses and critical evidence gathered by Special Counsel Robert Mueller. A delay will be of great advantage to Trump. But if Roberts decides to let the rulings of the lower courts stand, he would in effect be ruling against Trump. If the Supreme Court takes up the cases, the delay will slow down the Democrats’ momentum, adversely affecting their ability to influence public opinion, a critical factor in impeachment.

Will Roberts, now the swing vote on the Court, support Trump’s defiance of court orders and subpoenas? Will he support Trump’s assertion assertion of complete presidential immunity, not only from being indicted, but even from being investigated? With unlimited executive power, the president is personally above the law and free to countermand or defy established federal law and historical custom. The judiciary and the legislature are subservient to the imperial presidency, not co-equal as defined by the Constitution. Trump’s impeachment is about much more than the fate of his presidency. It is about the authority of the Constitution and the survival of American democracy.

At least once the Chief Justice ruled against the Republicans, when he found a way to keep Obamacare from foundering. He apparently understood that the Affordable Healthcare Act  was benefitting millions, and that they would not look kindly on Republicans who would take it away just as they had begun to have the ability to obtain medical care previously denied them.

I believe John Roberts cares about his legacy and the integrity of the Court. We’ll soon know if I am right.

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Beauty Ablaze

Credit…Kyle Grillot for The New York Times

California is burning with no end in sight. People are dying, houses are blackened hulks, forests are decimated — Why? Why is the Golden State an inferno with flames incinerating homes and trees in hills and valleys?

Several factors come into play, but all are linked to climate change. Global warming in California has resulted in shorter winters and reduced snowpack. The fire season starts earlier and ends later each year. With warmer spring and summer temperatures, drought is inevitable. Starved of moisture, vegetation and the soil are desiccated by the dry, intense heat. Undergrowth in the forests becomes abundant kindling that can ignite spontaneously, and the trees, stressed by extreme heat and lack of water, are unable to withstand the flames.

The Santa Ana winds rush from high pressure areas in the mountains to lower pressure at the coast. Channeled through mountain passes and canyons, their velocity accelerates, and the lower pressure compresses, warms and dries them out. The winds augment the parching of extreme heat and drought. Once the underbrush ignites, the wind propels and nourishes the wildfire, easily driving it across thousands of acres.

Though wildfires are a natural part of California’s bioregion, the fire season is an estimated 75 days longer now. The trends of rising temperatures and decreasing rainfall are expected to continue, and wildfires will keep pace. Each year during this decade has experienced a more destructive fire season, and there is no reason, given the paucity of effort in capping or lowering emissions, to expect deviation from this ominous trajectory.

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Flooded future

Flooding in Jakarta, Indonesia, February 2017. Source: World Meteorological Organization / Flickr

An alarming, just published, report from Climate Central warns that flooding projected across the globe by 2050 will be far worse than previously thought. The areas affected are mostly in Asia, where millions live on or near the coast. Flooding by seawater implies not only inundation of homes, but the salting of cultivated fields. Worldwide, chronic floods will endanger 300 million people. By the end of this century, the high tide line will be permanently higher than the land where 200 million people now work, farm, and call home.

These dire predictions result from the discovery that coastal elevations are actually lower than previously estimated; hence more vulnerable to flooding, inundation and the contamination of freshwater. In fact, the incursions of saltwater could make the land uninhabitable even before it disappears under the sea.

The previous estimates of land elevation were calculated using data produced by satellite photography, which sees the tops of trees and buildings, thus overestimating the elevation of the land. The problem is particularly acute in areas of dense forest and close clusters of buildings. More accurate means of measurement, using lasers and overflights, are expensive and consequently not widely used.

Cities on the world’s coasts are the most densely populated areas on the planet, and most of them have low elevations. The older elevation estimates have been found to be too high on an average of approximately six to eight feet, which is the same as or even more than the highest sea level rise projections for all of the 21st century. The elevations of some American cities, including New York, Miami and Boston, were overestimated by an average of 15.5 feet.

As we now know, the rise in sea level occurs when the combustion of fossil fuels and other emissions caused by human activity pollute the atmosphere. The planet grows warmer, causing glaciers and ice sheets to melt and flow into the oceans. The increased volume of water raises the level of the sea.

The estimates of the number of people who will lose their farms and homes to floods of saltwater are based on moderate emissions cuts mandated by the Paris climate accords. (We are not currently meeting those goals.) If pollution and the subsequent greenhouse gases continue to increase, by the end of the century chronic flooding and permanent inundation will imperil the land that shelters and feeds 640 million people living now (actually more; based on 2010 data), close to 10 percent of the global population. Ironically, the people most likely to suffer are the ones least responsible for polluting emissions.

The United States is already experiencing the predicted effects of global warming. Hurricane Harvey caused epic flooding in Houston; diseases once confined to the tropics are increasingly occurring in the temperate zone; extreme heat is responsible for a sharp increase in deaths in Nevada and Arizona; wildfires are consuming California . . .

The loss of land and the resulting migration of climate refugees will surely give rise to humanitarian crises of unprecedented severity and have devastating effects on the world economy. Other aspects of global warming like drought and extreme heat will also have catastrophic consequences. All living creatures, from plants to insects, fish, birds and humans will have to flee their habitats and invade others. Some will survive; many won’t.

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Impeach him. Now.

No, I’m not talking about impeaching President Trump. That is a knotty decision with excellent philosophical and legal arguments on one side and valid political and practical ones on the other.

AG William Barr

No, I’m talking about the prime law enforcement officer of the United States, William Barr, the Attorney General. He lied to the American public and apparently committed perjury when testifying to Congress. These are crimes that call out for impeachment, unless Barr resigns immediately.

Special Counsel Robert S. MuellerPhoto credit: USAToday

On April 10, Barr was asked in a Senate hearing whether Special Counsel Robert Mueller agreed with his summary of the results of Mueller’s investigation and his conclusions. Barr testified before the Senate that he didn’t know. That statement was not truthful. We now know that Mueller had written to Barr on March 27, three days after Barr had released his “summary,” that he did not agree with Barr’s conclusions. Mueller wrote to Barr that his memo “did not fully capture the context, nature and substance” of the probe and the Report.

Barr misrepresented both sections of the Mueller Report. In the second section, Mueller clearly documented 10 instances of Trump’s obstruction of justice. If anyone but the president had committed even one of these acts, (s)he would have been indicted. Mueller specifically said in the Report that he could not directly accuse the president of a crime because the Department of Justice has ruled that a sitting president cannot be indicted.

[W]e determined not to apply an approach that could potentially result in a judgment that the President committed crimes…. Fairness concerns counseled against potentially reaching that judgment when no charges can be brought.

“Accordingly,” Mueller wrote, “while this report does not conclude the President committed a crime, it also does not exonerate him.” In his four-page memo, Barr directly contradicted Mueller on that point, saying that Mueller had not been influenced in any way by that DOJ ruling. Even more significantly, Barr wrote that there was evidence both for and against obstruction in the Report, but he had determined that there was no obstruction, thus giving Trump the pretext to proclaim, falsely, again and again, “No collusion, no obstruction.”

Mueller also condemned the delayed release of the Report, which allowed the misinformation that Barr had propagated to marinate and solidify in the minds of the public. In his letter to Barr, Mueller complained that

There’s now public confusion about critical aspects of the results of our investigation. This threatens to undermine a central purpose for which the Department of Justice appointed the Special Counsel, which is to assure full public confidence in the outcomes of the investigations.”

And by extension, to undermine public confidence in the Department of Justice itself and the rule of law.

The Russian connections with the Trump campaign are covered in the first section of the Report. Though there were many of these, Mueller was not able to prove conspiracy between the campaign and Russia. Collusion is not a legal term. Barr elided the distinction between collusion and conspiracy. He ignored the ongoing investigation of Roger Stone, who was trafficking in stolen documents with Wikileaks and the Russians. It’s possible Stone can’t be successfully prosecuted under the current statute, because our laws outdated: they don’t account for digital documents.

With his letter Mueller included redacted introductions and executive summaries from the Report that he and his staff had written for Barr to release to the public. Barr did no such thing. He had said publicly that he “was not interested” in releasing summaries of the Report, that he didn’t want to release it piecemeal.

Can there be any doubt that the Attorney General has violated the sacred trust placed in him by covering up the President’s crimes and deceiving the American public? William Barr cannot be trusted to oversee the remaining prosecutions (redacted) in the Mueller Report nor those that will arise from the corruption of Trump and his family.

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May 1, 2019 · 2:09 AM

Plus ça change . . .

Having barely finished writing a review of First: Sandra Day O’Connor An Intimate Portrait of the First Woman Supreme Court Justice by Evan Thomas, the advancement of women’s rights was on my mind.

O’Connor, raised on a remote cattle ranch in the Arizona desert, finished her undergraduate studies and earned her law degree at Stanford University in six years, graduated third in her class and was only 22 years old! A newly-minted lawyer with that record could expect to find a good job at a prestigious law firm, right? Wrong. It was 1952, and no established law firm would hire a woman lawyer.

Determined to work in the profession she had prepared for, O’Connor opened her own firm with another woman, setting up shop in a mall. Later, she found work in the government, and later still, using her shrewd political skills and aided by powerful contacts, she was appointed to fill a vacant seat in the state senate. Within three years, she became the first woman ever to be majority leader in a state senate. It didn’t take long before she ascended to the U.S. Supreme Court as the first woman justice.

At the Court, O’Connor voted mostly with the conservatives during her first decade, satisfied with incrementally advancing the cause of women. With the passage of time, however, she began tacking to the left. Though a conservative, she evolved to occupy the space between conservatives and liberals, becoming the swing vote that determined the outcome in 330 cases, often championing the rights of women, children, gays and minorities.

O’Connor’s frustration at still not being able to land the job she wanted as a lawyer even 12 years after her graduation in 1964 came to mind when I saw this tweet by @sarahoconnor, a reporter for the Financial Times:

In 2019. Still blind. Or worse.


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Bring on the Mueller Report

Please, Counselor Mueller, show us your report
Barr’s letter is duller and much, much too short.

  For months we’ve been waiting,
  we’re all speculating.
  Now Barr's arrogating
  the right to decide, even hide,
  the fruits of your labors
  —This we can't abide!



Barr’s stalling,
stonewalling,
appalling!
We need to see what you wrote.
Barr's conclusions are spurious,
they make us furious.
His excuses won’t float.

Now
Subpoenas are flying,
There'll be no denying.
Nadler is on it, Schiff and Cummings too--

Show us, show us, show us what is true!

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