America goes 4

As the Catholic Church did in ages past, and Islam still does, the Left strives to bring every nation, and every last member of every nation, under its rule: a rule not of law but of lawyers, law-makers and law-breakers; bureaucrats, bankers, communication controllers, billionaires.

In America there are still tens of millions who refuse to comply, and they are being treated as heretics, infidels, and pariahs. If you are a Trump supporter, or in the least degree opposed to the Leftists who have seized the executive branch of government and now control both houses of the legislative branch, you are likely to be forced into conformity and unquestioning obedience. The means to be employed will be cutting you off from the services you need to live a normal life.

Through institutions of government and enormously powerful corporations, the heresies of patriotism, populism, anti-tribalism, individualism, and defiant defense of free speech, private property, arms bearing, and the teaching of reading writing reckoning and history to your children, will be punished.

You will be denied the services of banks, credit card companies, the internet, social media, insurance companies, the national health service, schools, universities. It will be very hard for you to find a job.

There will be degrees of deprivation. If you are a mild offender, you may be allowed some health care, for instance, and a low-paying job. If you are a grave offender – one who goes so far as to persist in speaking well of Donald Trump – you may face long imprisonment. An active attempt to reinstate him could be ruled a capital offense.

If you capitulate and submit, your life will not be easy. Your record will be held against you.

Even if you always supported the Left and voted the totalitarians into power, you will receive only the information that the rulers choose to allow you. You will have no way of knowing – unless by chance you personally witness a reported event – whether what you are being told is true or false.

Bruce Bawer writes at Front Page:

I’ve been ranting for years about the perfidy of the left. At times I’ve been accused of exaggerating. On rare occasions I feared – or hoped? – that perhaps I was exaggerating. In fact I can now see that these people are worse than I ever imagined. Worse than most of us ever imagined.

Worse than even Donald Trump “with all his insight” imagined.

He went into office determined to clean up the swamp. He was tireless. But not tireless enough. No mere mortal could have been tireless enough. Trump had denounced the swamp in apocalyptic terms, but it proved to be even deeper and more extensive than he knew. It reached into the upper echelons of the intelligence community and the military, into cabinet departments and the judiciary.

Not only did the Democrats try to derail his campaign and then his presidency. Even people whom he appointed to White House jobs proved unreliable. Far from being too suspicious, he’d been too trusting. He’d appointed two-faced D.C. insiders. He’d trusted people who turned out to be snakes in the grass.

The news media, with very few exceptions, made it their task to thwart his progress and poison his name with a constant flow of disinformation. They said Trump had told people to drink bleach. They said he’d called neo-Nazis “good people”. They said many other outrageous things that they knew were outright lies. They relentlessly repeated the charge that he did nothing but lie, lie, lie, when in fact it was they, the media, who were constantly feeding us lies. …

When enemies of Trump, and of freedom, created violence and mayhem in cities around the country, they were whitewashed, protected, and even praised by the media, by Democratic politicians, and by police officials. In a debate with Trump, Biden said Antifa was an idea, not an organization. Congressman Jerrold Nadler called it a myth.

Meanwhile Twitter CEO Jack Dorsey gave BLM $3 million. While the leftist gangsters went unpunished, citizens who tried to protect their homes and businesses from destruction by them were arrested by the police and demonized in the media. If you tried to spread the truth about all this on social media, you were shut down by Silicon Valley bosses who said you were lying.

And then the 2020 election was stolen from Trump.

Republican officials in the states affected by the steal sat on their hands. State legislatures, ditto. Even the justices he’d named to the Supreme Court refused to hear Texas v. Pennsylvania, absurdly maintaining that a state didn’t have standing to challenge the conduct of a presidential election in another state.

Trump’s supporters, ever civilized, waited patiently while every possible means of stopping the steal was dutifully exhausted. When it came down to the final vote certification in Congress, an army of [between 600,000 and 2,000,000!) MAGA folk gathered peacefully in Washington to show that they had Trump’s back.

Then a tiny percentage of them foolishly entered the Capitol building. And a tiny percentage of that tiny percentage – at least some of whom seem to have been Antifa goons – caused minor damage. Most of them appear to have milled harmlessly around the building, leaving paintings and statues untouched. The contrast with the conduct of Antifa and BLM insurgents during the previous year could hardly have been more striking. …

One of those people, an Air Force veteran named Ashli Babbitt, was shot dead by a Capitol Hill policeman. She didn’t do anything to provoke the shooter. It was impossible not to think of George Floyd, the career criminal who, on May 25 of last year, died while resisting arrest after committing a crime. Floyd was black; the arresting officer was white. In the ensuing months, Floyd’s death was used to justify rioting, arson, and vandalism by Antifa and BLM agitators, none of whom ended up being killed by a cop.

But nobody’s making a martyr out of Ashli Babbitt.

I’m not saying anybody should. I’m just saying that after four years of reportage that routinely demonized Trump, sugarcoated his opponents, and cruelly mocked his supporters, and after an election that was blatantly stolen yet described in the media as eminently fair, those supporters could hardly be expected not to explode – especially since they’d seen, during the previous few months, one leftist explosion after another rewarded with praise.

But they did not explode.

On January 6, Biden, oozing faux solemnity, addressed the ongoing situation on Capitol Hill. After months of referring to Antifa and BLM thugs as “protesters”, he called the non-violent people who’d entered the Capitol a “mob” of “domestic terrorists” who, in an action bordering on “sedition”,  had made an “unprecedented assault…on the citadel of liberty….This is not dissent, it’s disorder”.

He wasn’t alone. In one voice, people who’d spent months cheering leftist violence expressed horror at the breach of the Capitol building and blamed it on Trump. Once the Capitol was secured, the planned challenges to the vote steal were scuttled and the election of Biden and Harris duly certified.

Whereupon the left – and not just the left – moved with the swiftness of lightning.

Accusing Trump of having incited the Capitol breach, [Speaker] Pelosi and [Senate minority leader] Schumer raised the possibility of using the 25th Amendment to deny him his last few days in office …

And she absurdly introduced a proposal to impeach him for a second time, though he had only a few days more as president. .

Republicans who were never strong Trump supporters to begin with were quick to profess outrage at Trump’s purported provocation. Cabinet members Elaine Choi and Betsy DeVos quit. The Wall Street Journal called on Trump to resign. Senator Pat Toomey gave a thumbs-up to impeachment. Forbes warned companies not to hire anybody with a Trump connection.

Both Twitter and Facebook deplatformed Trump, and when he shifted from his personal Twitter account to the POTUS account, Twitter silenced that one, too. Other enemies of the left were also kicked off social media – among them Sidney Powell, Michael Flynn, and Steve Bannon. Facebook ejected the WalkAway movement, in the process deleting countless heartfelt posts by ordinary citizens explaining why they’d quit the Democratic Party. YouTube took down a video by Rudy Giuliani. Amazon, Google, and Apple removed Parler, a “free-speech” alternative to Twitter and Facebook, from their app stores. The CEO of Mozilla, developer of the Firefox browser, wrote an essay entitled “We Need More than Deplatforming.”

(Yet the social-media accounts of the Chinese Communist Party and Ayatollah Khamenei remained untouched.)

Pelosi tried to get the military to stop taking orders from the President. …

She urged the Chiefs of Staff to mutiny against their commander-in-chief! (They refused.)

The director of ABC News spoke of “cleansing” the Trump movement after January 20, whatever that might mean. Alexandria Ocasio-Cortez called for Ted Cruz and Josh Hawley, who’d taken the lead in challenging the vote steal, to be expelled from the Senate. Simon & Schuster canceled Hawley’s contract for a book about cancel culture. Biden likened Cruz to Goebbels. …

There’s no intrinsic magic about America that protects it from becoming Mao’s China or Stalin’s Russia. Only utopians believe in the perfectibility of man. People are people. And some of the people who are now, or are about to be, in power in the United States would, if accorded enough power, do far more to those of us who falter in loyalty than merely take away our social-media accounts.

Indeed, as scary as the situation may be right now, one thing’s for certain: worse is on its way. The Democrats now control both houses of Congress and are about to be handed the executive branch. The totalitarian-minded elements in that party are on the ascent, backed up by Silicon Valley, the legacy media, and much of corporate America.

Bruce Bawer thinks that by “listing, arresting, and imprisoning ‘enemies of the state'” – as, he reminds us, was done in the terrible reign of Stalin, and under the brutal tyranny of Mao –

These people will overreach. Their lists will grow so long, their cancelations so widespread, that, as happened with the Reign of Terror, everyone who isn’t clinically insane will finally realize that things have gone too far and will, in one way or another, put an end to the madness.

He asks:

But how far will things have to go before that happens? How long will it take? And how many lives will be destroyed before it’s over? These, alas, are the all too sobering questions that have yet to be answered.

In the meantime, those of us who care about liberty will simply have to do our best to keep enduring the daily tsunami of evil ideology, fake news, and contempt for decent people, and to continue hoping that the true and good will yet prevail.

Much as we would like his optimism – such as it is, sorrowful and tentative – to hearten us, we are less sure that such a realization will come, or that “the true and good will yet prevail”.

What has happened seems to us to demonstrate that there is a tragic weakness in freedom and tolerance. They permit those who value neither to exploit them to gain the power to abolish them. 

The crisis and the constitution 2

The nature of the constitutional crisis, and what powers the president has for dealing with it, are clearly explained:

Posted under US Constitution, Videos by Jillian Becker on Thursday, December 17, 2020

Tagged with , , , , ,

This post has 2 comments.

Permalink

Failure of the rule of law? 1

Is it not obvious that crimes have been committed by former Attorney General Loretta Lynch, former FBI Director James Comey, and former Secretary of State Hillary Clinton?

And that they are getting away with them?

Deroy Murdock writes at Townhall:

James Comey, Loretta Lynch, and the Clintons should do time for their crimes. So should the unnamed leakers who give away state secrets as if they were handing out leaflets at a busy street corner.

While the relentless Russiagate probe continues its futile search for lawbreaking among Team Trump, actual crimes already have occurred at the highest levels of the Deep State and among former Democratic officials. These perpetrators should be prosecuted. 

Someone violated federal law by unmasking former national security adviser Michael Flynn’s name from National Security Agency transcripts or other surveillance records of his conversations with Russian ambassador to Washington Sergey Kislyak. As part of the presidential transition, it was perfectly normal for Flynn to speak with Kislyak and other foreign emissaries. It also is no surprise that the NSA and other American intelligence agencies cup their ears when Kislyak speaks.

However, the identities of Americans in such conversations are supposed to remain confidential. Whoever unmasked Flynn in such documents violated the federal Espionage Act of 1917, 18 U.S. Code § 793. It prohibits the improper handling and transmission of “information respecting the national defense”.

The anti-Flynn leaks also appear to breach 18 U.S. Code § 798, which forbids disclosure of classified data “concerning the communication intelligence activities of the United States or any foreign government.”  …

Leaking seems to be Washingtonians’ favorite indoor activity. And Comey got in on the fun, too. Referring to his memo-to-file about a private Oval Office meeting with Trump, Comey said, “I need to get that out into the public square,” as if that were his job.

… and as if there was something so incriminating in what the president said that it simply had to be broadcast to the nation.

But surely if there had been something of that sort, it would have been the right procedure for the FBI to bring to the attention of the Justice Department?

It is not normal FBI procedure to leak details of an investigation to the press rather than use it to build a criminal case.

A president cannot be charged with a criminal offense, but if there is proof that he has committed crimes, or has said something that could be interpreted as criminal, he could be impeached. But only by Congress, not by the readers of a  Communist Youth organ such as the New York Times.

Yet the Dirctor of the FBI wanted it to reach the NYT at all costs. So he leaked it through the conduit of a leftist academic.

Comey told the Senate Intelligence Committee on June 8: “I asked a friend of mine to share the content of the memo with a reporter.” This “close friend who is a professor at Columbia law school,” is named Daniel C. Richman. …

“I asked him to because I thought that might prompt the appointment of a special counsel,” Comey explained.

Shazzam!

Comey’s leaked memo hit the front pages, and Assistant Attorney General Rod Rosenstein named a special counsel: Comey’s mentor and one-time boss, former FBI chief Robert Mueller.

Comey and Mueller’s toasty relationship raises legitimate worries about Mueller’s capacity for disinterest in a case that involves the dismissal and public ostracism of his protégé of at least 14 years. …

How can Mueller be objective about his bosom buddy, who now is at the epicenter of this entire probe?

Also troublesome: Mueller’s team includes attorneys who maxed out in donations to Hillary and Obama, defended Hillary against Freedom of Information Act requests, and even represented a Clinton staffer at the heart of E-mailgate. …

According to Political Insider, “In total, Mueller’s team has made $52,650 in political donations since 1997, 95 percent of which ($49,900) went to Democrats.”

Among some 100,000 attorneys in the Washington, D.C. Bar, was Mueller really unable to employ lawyers who neither have worked for the Clintons nor underwritten their campaigns? Could he not have hired professionals unconnected to either the Clintons or the Trumps? Was that really so hard?

Or maybe Mueller deliberately assembled a kennel full of Hillary-loving legal Rottweilers.

Whatever Mueller’s objectives, he has crafted at a minimum — a major appearance of impropriety. If Team Mueller fairly, honestly, and properly discovers wrongdoing among Team Trump, Republicans may dismiss his findings as the crooked output of a rigged system. But if Mueller correctly exonerates Trump & Co., Democrats may scream that the special counsel chickened out, to avoid being accused of running a politically tainted probe. Either way, such second-guessing would erode confidence in American justice.

For his part, Comey’s leak to Professor Richman looks like a violation of, at least, 18 U.S. Code § 641, which bars the unauthorized conveyance of “any record” belonging to the U.S. government. Comey should be brought back before Congress and forced to spell out any and every such leak he ever made, describe the documents he spilled, the dates he did so, etc. Each one of those instances should constitute an individual count in an indictment for breaking the Espionage Act.

According to Comey, former Attorney General Loretta Lynch instructed him to refer benignly to E-mailgate as a “matter” rather than an “investigation”. While that latter word was more politically volatile, it also was accurate. After all, Comey ran the Federal Bureau of Investigation, not the Federal Bureau of Matter.

According to Circa.com’s John Solomon and Sara A. Carter, Comey told senators behind closed doors about “a communication between two political figures that suggested Lynch had agreed to put the kibosh on any prosecution of Clinton”, never mind evidence of Hillary’s crimes.

Comey reportedly showed Lynch that do-not-prosecute record. As one source familiar with Comey’s comments told Solomon and Carter, “the attorney general looked at the document then looked up with a steely silence that lasted for some time, then asked him if he had any other business with her and if not that he should leave her office”. …

Coupled with Lynch’s notorious “golf clubs and grandkids” pow-wow with Bill Clinton on her official plane at Phoenix Airport last June 27, just five days before the FBI questioned Hillary (inexplicably, not under oath), Lynch’s behavior reeks of obstruction of justice.

Comey stated last July 5 that “no reasonable prosecutor” would bring charges against Hillary Clinton in E-mailgate. This claim instantly was refuted by reasonable former federal prosecutors including Sidney Powell, Andrew McCarthy, Rudolph W. Giuliani, and Michael Mukasey. They all stated why Hillary deserved indictment.

Comey said that Hillary should have stayed free because she had no criminal intent to violate the Espionage Act. However, to be convicted under this statute, one need not possess criminal intent. …

Hillary could be convicted merely for handling classified documents in a “grossly negligent” fashion. She certainly did this. …

Beyond E-mailgate, the Clinton Foundation’s bribes-for-favors scandal has gone entirely unpunished. Hillary approved the Kremlin’s purchase of 20 percent of U.S. uranium supplies. She permitted Russia’s Rosatom State Atomic Energy Corporation to acquire Uranium One Inc. This is the sort of cloak-and-dagger Russian collusion about which Democratic mouths have foamed since last fall. The $145 million that Uranium One’s investors pumped into the Clinton Foundation before, during, and after this grotesque deal epitomizes the pay-to-play bonanza for which Hillary should be tossed in the clink. Ditto the $500,000 fee that Kremlin-controlled Renaissance Capital handed Bill Clinton for a one-hour speech while Hillary decided to green-light this transaction. Remember: the Clintons literally gave Vladimir Putin access to the active ingredient in hydrogen bombs — extracted from American soil. …

And “giving aid and comfort” to the enemy is treason according to the Constitution.

The House Government Oversight Committee should hold public hearings and subpoena Comey, Lynch, and the Clintons and make them testify publicly about these crimes, under penalty of perjury.

After that, President Trump should keep a promise that he made in the October 9 debate against Hillary: “If I win, I am going to instruct my attorney general to get a special prosecutor to look into your situation.”

Prosecuting Comey for leaking government papers, Lynch for sandbagging the E-mailgate probe, and the Clintons and Clintonites for running their bribes-for-favors scams would not signal American devolution into a banana republic. Rather, this would reinvigorate a core principle of American constitutional republicanism: Equal Justice Under Law.

On all that is wrong with James Comey’s buddy Robert Mueller being appointed to sniff out an unknown crime in the Trump administration, Andrew McCarthy writes:

So I’ve been wondering: Why on earth does a prosecutor, brought in to investigate a case in which there is no apparent crime, need a staff of 14 lawyers?

Or, I should say, “14 lawyers and counting.” According to the press spokesman for special counsel Robert Mueller — yeah, he’s got a press spokesman, too — there are “several more in the pipeline.”

Concededly, none of Mueller’s recruits requires Senate confirmation, as do Justice Department officials — notwithstanding that the former may end up playing a far more consequential role in the fate of the Trump administration. But does it seem strange to anyone else that, by comparison, the president of the United States has managed to get — count ’em — three appointees confirmed to Justice Department positions in five months?

A special counsel, the need for whom is far from obvious, has in just a few days staffed up with four times the number of lawyers. And all for a single investigation that the FBI has described as a counterintelligence probe — i.e., not a criminal investigation, the kind for which you actually need lawyers.  

Oh, and about those three Justice Department appointees: One of them, Attorney General Jeff Sessions, has already recused himself from the investigation in question — the department’s most high profile undertaking. Another, Deputy Attorney General Rod Rosenstein, is reportedly weighing whether he, too, should bow out. Perhaps he figures he has already done quite enough, having sicced a special-counsel investigation on the Trump Administration by flouting both the regulation that requires a basis for a criminal investigation before a special counsel is appointed, and the regulation that requires limiting the special counsel’s jurisdiction to the specific factual matter that triggers this criminal investigation.

The way this is supposed to work is: the Justice Department first identifies a likely crime, and then assigns a prosecutor to investigate it. Here, by contrast, there are no parameters imposed on the special counsel’s jurisdiction. Mueller is loosed—with 14 lawyers and more coming—to conduct what I’ve called a “fishing expedition”.

But it is actually worse than that … Mueller’s probe is the functional equivalent of a general warrant: a boundless writ to search for incriminating evidence. It is the very evil the Fourth Amendment was adopted to forbid: a scorch-the-earth investigation in the absence of probable cause that a crime has been committed.

For now, Mueller appears utterly without limits, in his writ and in his resources. As the ease with which he has staffed up shows, it is not hard to recruit lawyers. All you need is money. Mueller has a bottomless budget, thanks to a bit of Treasury Department chicanery known as “permanent, indefinite appropriations”. 

Under the Constitution’s Appropriations Clause, no funding is supposed to be paid out of the treasury unless Congress has approved it in advance. Under the Framers’ design, with an eye toward limited, accountable government, every spending initiative must compete with every other one when Congress enacts a budget. Lawmakers must decide what we can and can’t afford when they draw on what is supposed to be the finite pot of money confiscated from taxpayers. We are supposed to know what we are underwriting and what it will cost.

The Swamp, ever resistant to such restraints, has developed a scheme known as “indefinite appropriations”. These are slush funds for future contingencies. A good example is the “Judgment Fund” which President Obama raided to underwrite nearly $2 billion in ransom payments demanded by Iran, the sweetener he needed to close the infamous nuclear deal.

And that sounds like treason too.

It is an Orwellian game. What makes an appropriation an appropriation is that Congress provides a definite amount of funding suitable to the task it has approved. If it turns out more is needed, the executive branch is supposed to come back to Congress — ask for it and justify why it should be prioritized over other needs.

Mueller’s special counsel investigation is somehow under no such restrictions, according to the Justice Department. He unilaterally decides how much staffing he needs. And unlike a normal prosecutor’s office, the special counsel does not have to apportion his resources over hundreds of cases. He can direct all of them at one investigative target.

In this instance, the target is Trump, and the resources — apart from what will be scores of FBI agents — include 14 lawyers (going on 15 … going on 16…).

These lawyers, overwhelmingly, are Democrats. … Mueller’s staffers contribute to Trump’s political opponents, some heavily. The latest Democratic talking-point about this unseemly appearance is that hiring regulations forbid an inquiry into an applicant’s political affiliation. That’s laughable. These are lawyers Mueller has recruited. They are not “applicants”. We’re talking about top-shelf legal talent, accomplished professionals who have jumped at the chance of a gig they do not need but, clearly, want. …

Notice that, consistent with the familiar ethical canon that lawyers must avoid even the appearance of impropriety, the standard here is based not on the lawyer’s personal rectitude or his subjective belief that he can administer the law impartially. The issue is: What would this look like to fair-minded observers?

Consequently, if this boundless investigation careens into a criminal prosecution, Mueller could have some major soul-searching to do. I thus confess to being taken aback that he has exacerbated the problem, rather than trying to mitigate it, with his staffing decisions. Into an investigation that was already fraught with political tension, the special counsel has recruited partisans — to politicians who describe themselves not as a loyal opposition but as the Trump “Resistance”. What are fair-minded people to make of that?

Not just one or two recruits, but 14 lawyers, with more to come. …

Why does special counsel Mueller need 14 lawyers (and more coming) for a counterintelligence investigation, as to which the intelligence professionals — agents, not lawyers — have found no “collusion with Russia” evidence after over a year of hard work? What will those lawyers be doing with no limits on their jurisdiction, with nothing but all the time and funding they need to examine one target, Donald Trump?

The Mueller investigation itself has the smell of corruption about it.

The law is the house in which we live. If its timbers are rotten, what will become of us?