Mitch, Lindsey and Bolton did nothing wrong!

Any indignation about the processes and procedures involved in “exonerating” our serially “exonerated” president, a blameless man however you slice it, is written off as “Trump Derangement Syndrome”  [1].  This syndrome is the same one performed by a childhood bully who uses the victim’s own hand to smack the victim with while saying, with feigned concern, “why do you keep hitting yourself, are you deranged?”  It is also a witty variation on “Bush Derangement Syndrome”, the wild attacks made by angry liberals on history’s second greatest president, George W. Bush.   

While some Americans would consider the open collusion between Republican Senators and the impeached president’s legal defense team, publicly announced by the Majority Leader on the eve of the impeachment trial, another successful chapter of an impressively detailed book of Obstruction of Justice by an innovatively brazen and lawless administration, we can safely dismiss that belief as a symptom of “Trump Derangement Syndrome.”

At the risk of expressing a bit more of this serious emotional disease:

Mitch McConnell and Lindsey Graham, two of the president’s most passionate supporters, declared up front that they’d work closely with the president’s defense team and do whatever was necessary to quickly acquit the president after an expedited trial pursuant to baseless partisan accusations based on no direct evidence.  Mitch and Lindsey further stipulated, before the trial, that  previously blocked witnesses and previously withheld evidence would probably not be allowed at the trial.  What would the point be, if the goal is to quickly acquit their leader?   

This is kind of arrangement is generally called “collusion” or “conspiracy to obstruct justice”.  A trial without firsthand fact witnesses or documentary evidence  is usually called a “show trial” and has traditionally been allowed only in dictatorships or theocracies.   Before officially assuming their special roles as impartial jurors (the law stipulates that jurors must be free of obvious bias), Mitch and Lindsey (and their 51 Republican co-conspirators) took an oath,  administered by the impartial Chief Justice of the Supreme Court, solemnly swearing to listen to all evidence and render an impartial judgment based only on that evidence.  Hence, the banning of any and all potentially damaging evidence at the trial.  No harm, no foul, no evidence to ignore, no possible jury bias!

Mitch and Lindsey (and fifty other Republican Senators) did nothing wrong, their apologists will say.    If they had, they’d have been arrested and prosecuted for perjury, the “argument” goes, since we are, as we’re often reminded,  a nation of laws.   As it was argued by the president’s lawyers during the impeachment “trial”– Obstruction of Congress is not a crime, particularly when members of Congress participate willingly in the so-called obstruction.  Taking a false oath is no crime for a Senator, nor is it an ethical matter — except between the taker of the false oath and the God they swear to.  Only an actual provable federal crime, which the president himself cannot be indicted for (or even investigated for) while in office, rises to the level of an impeachable, or even censurable, offense in the United States of Trump.

John Bolton has long been a raging asshole who loves the projection of American power through war.   He has argued for years that the U.S. must destroy Iran.   During the time he was Trump’s national security advisor he was seen as more hawkish that the impulsive  Transactionalist-in- Chief, The Artist of the Deal, Mr. No Quid Pro Quo Why Not Quid Pro Quo? himself.   Bolton was fired by Trump, Trump says now, on September 10, 2019, day 83 of the “hold” on military aid to Ukraine, the day before Trump finally allowed the aid to be released.  Bolton and Trump apparently had serious policy disagreements, one being the illegal hold on military aid to Ukraine.   Bolton seems to have finally won that argument, hence his firing the day before the shakedown on Ukraine was ended by releasing the aid.  Bolton claims to have resigned.   Flip a coin to decide which of these unimpeachable public servants is lying.

In a case of having your cake and eating it too, Bolton after refusing to appear in the House Impeachment Inquiry, publicly offered, if subpoenaed (LOL!), to testify in the Senate during the trial itself.  This was great publicity for sales of his soon to be released tell-all book about his time as National Security Adviser to Trump and a safe bet for Bolton.   He had little worry about anyone actually sending him a subpoena for a trial without witnesses and could appear to finally be doing the principled thing, the correct and patriotic thing, without risking book sales or spoiling the dramatic revelations of wrongdoing set forth in the soon-to-be bestseller. 

In refusing to testify in the House, Bolton lawyered up to wait for the court’s permission to testify over the objections of his former employer who was asserting a blanket privilege to block any testimony that could incriminate him.  Presumably this was a byzantine new, Bill Barr-inspired variation of the famous Fifth Amendment right against self-incrimination.   

It will require a precedent shattering 5-4 partisan Supreme Court precedent to uphold a president’s right to obstruct an impeachment by any means at his disposal.    Much more limited claims of presidential immunity were made by Nixon and Clinton [2] as their impeachment inquiries proceeded.  Only Nixon’s executive privilege to withhold evidence claims reached the Supreme Court, where they were unanimously denied in a precedent that stands until today.  

No matter, John Bolton did nothing wrong, that is, nothing illegal.   Mitch and Lindsey are cool too, the same way.   These are honorable men we are talking about.  And we all know what they say about honorable men.

 

 

[1]  A paroxysm of Trump Derangement Syndrome:

The last few weeks have featured contradictory, largely incoherent “arguments” about why Abuse of Power is no vice– the Founding Fathers liked it just fine, they liked it so well that they never specifically made it an impeachable offense, by deliberate design.   If they had meant to ban it, obviously, they’d have used those exact words “Abuse of Power” and only those words, clearly, because that’s how they rolled (see, e.g.. the clear and unambiguous language of the Second Amendment — “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” ).   As for an unprecedented claim of  absolute presidential immunity and unlimited powers to  obstruct all testimony and evidence that could tend to incriminate him as corrupt, including in any of the several ongoing legal actions into Trump’s secret, shady financial entanglements droning on, even as the impeached president actively and openly colluded with his 53-47 Senate majority to further obstruct justice and grrrrr… grrr… grrrr!  At least we had blessed silence from fucking Bagpiper Bill Barr during that time… along with the wall of silence from Mike Pompeo, Mick Mulvaney, Mike Pence, Rudy, etc.

 

[2]  Wikipedia:

In 1998, President Bill Clinton became the first president since Nixon to assert executive privilege and lose in court, when a federal judge ruled that Clinton aides could be called to testify in the Lewinsky scandal.[15]

Later, Clinton exercised a form of negotiated executive privilege when he agreed to testify before the grand jury called by Independent Counsel Kenneth Starr only after negotiating the terms under which he would appear. Declaring that “absolutely no one is above the law”, Starr said such a privilege “must give way” and evidence “must be turned over” to prosecutors if it is relevant to an investigation.

Note: Ken Starr, as Trump’s lawyer, confidently asserted exactly the opposite.

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