Category Archives: Law and Justice

Nazi logic American style

In order to have a smoothly running totalitarian state, absolute obedience to the will of the leader is essential. It is impossible for an army to efficiently carry out obscene orders if individual officers and soldiers are allowed to have their own subjective moral opinions about right and wrong. Authority flows top down and loyalty is rewarded, until a sacrifice is needed, in which case it will be undertaken willingly, in the name of protecting the infallible leader. If your leader is, God forbid, on trial for a specific set of illegal acts, shift the legal focus from the acts in question to a series of academic future hypotheticals. Why dwell on, or indeed allow discussion of, anything that will make the leader look as guilty as he appears to be? That would be self-sabotage of the worst kind.

There is a universe, offers Trump’s attorney, in an excellent impression of the insane Robert F. Kennedy Jr., where this would be an official presidential act entitled to absolute immunity from prosecution. I don’t recall Justice Sotomayor asking Mr. Sauer under what Bizzarro World situation this could be an official act. After all, if the guy is corrupt, there is a justice system in place, unless the corrupt political rival is somehow above the law…

As for the defense of murder of a political rival as an official presidential act, I guess Sauer’s argument would go like this: lets say, for example, that the defeated president truly and honestly believes the candidate who defeated him is an evil vampire who drinks the blood of innocent white Christian children while he diddles them.   After all, no less than the brilliant, respected Alan Dershowitz made the arguably not demented argument at one of Trump’s impeachment trials that if the president, or presidential candidate, truly, honestly believes something that nothing he does in connection with that truly held belief can ever be against the law.  After all, führerworte haben gesetzeskraft, as German legal experts used to say during the Thousand Year Reich.

The leader’s word, you understand, has the force of law. Every one of the leader’s farts, the force of prophecy. The leader’s temper tantrums — irrefutable directives from a higher power. Ask anyone who has been in the courtroom with Leader Trump, as he nonchalantly catches a few winks while his vicious enemies weakly flail away, trying to unfairly destroy him. Ask particularly about the prophetic farts…

Opening remarks before an illegitimate 6-3 extremist court

This is the brief opening statement by John Sauer, attorney for criminal defendant/movant Donald Trump,setting the stage for moving the court to create a new doctrine that would protect the criminal ex-president from prosecution for any of the many crimes he committed while in office.

I have rebutted each of his asinine talking points.

Mr. Chief Justice, and may it please the court, without presidential immunity from criminal prosecution there can be no presidency as we know it.  

This statement is a lie.   It is also called rhetoric or puffery, part of the lawyer’s art of persuasion.  At bottom it is plainly false.  Asserting that a right that never existed has always been essential is a cynical and ballsy opening move.  Claiming that a president’s preemptive and eternal immunity from accountability for criminal behavior is a precondition for preserving a centuries’ old institution is as perverse and audacious a lie as can be told.  

For 234 years of American history no president was ever prosecuted for his official act. 

That is because for 234 years, no American president, with the exception of Richard Nixon, was ever in danger of being prosecuted for any act, official or otherwise, committed while in office.  All were constrained by law and the fear of punishment after leaving office. Trump was the first lawless, recklessly criminally inclined president in 234 years.  

He insists now on his right to be an untouchable mob boss.  And as for Richard Nixon, he accepted a pardon  to shield himself from prosecution, even knowing as a lawyer that he was accepting the equivalent of a guilty plea in exchange for the pardon.   Even though Nixon never accepted responsibility for his criminal activity in the White House, he knew the law, his criminal exposure and likelihood of conviction and took the necessary steps to protect himself.  No previous president risked committing outright crimes because they knew they would be prosecuted for them, particularly by their political adversaries, once they were private citizens again. In Trump’s twisted little mind Nixon’s only crime was that his balls weren’t big enough to get away with whatever he wanted to do. If the president believes it’s right, it cannot be a crime. Dershowitz belched up that old Nazi chestnut one of the times they impeached Trump.

The framers of our constitution viewed an energetic executive as essential to securing liberty.  

The framers of our constitution viewed the American chief executive as the opposite of a Divine Right right king, the unaccountable tyrant they had overthrown to form the new nation, the world’s first democracy.  The crucial requirement for a democratic leader is being accountable to the constitution and the laws of the land. That would’ve been understood among the framers of our constitution as nonnegotiable. Nobody can make a coherent argument against that self-evident proposition,  dig up fucking Antonin Scalia and he’d say the same.

If a president can be charged, put on trial and imprisoned for his most controversial decisions as soon as he leaves office, that looming threat will distort the president’s decision making precisely when bold and fearless action is most needed.

There is no threat whatsoever to any president other than the single one, Trump, the man making the argument before the Supreme Court.  Only Trump openly employed criminal means to achieve illegal ends– in this case overruling the will of 81,000,000 Americans, and a robust Electoral College majority, to overturn their constitutional choice for president.  It was bold and fearless of Trump to spend $50 million promoting the lie that the election had been stolen from him. The Big Lie he vigorously promoted he knew very well was a lie, he had been informed numerous times that it was a lie, he didn’t care.   

It was bold and fearless of Trump to urge a mob of angry followers that he had stirred to violence, a mob directed from a war room manned by Bannon, Kerik, Giuliani, Eastman et al, coordinated with Roger Stone, Mike Q-Anon Flynn and the Proud Boys, among others, a mob it turns out Trump knew was armed, and sent to the Capitol to violently stop the certification of his electoral loss. These things are all indictable and very serious criminal offenses, part of an octopus armed conspiracy to violate the law and the constitution to overthrow the rule of democracy. They are bold and fearless crimes no sane president would dare contemplate.

Every current president will face de facto blackmail and extortion by his political rivals while he is still in office.

Also simply a lie.  Additionally, Trump is the only kind of politician who routinely blackmails and extorts his political rivals.

The implications of the court’s decision here extend far beyond the facts of this case.   

They will extend far into the future, and harmfully influence it. But as for the present and the past, they extend only to the facts of this case. The Nixon case is moot now. The only other case that is comparable to the hypotheticals in this case are the exact facts of the Trump case the prissy Nazis on the court are all dancing around daintily.  To my chagrin, from the extended excerpts I heard,  what I heard my most trusted legal pundits talking about, even the non-Nazi justices did not directly and thoroughly address the stinking 50,000 pound orange turd in the room. For some reason the underlying facts of the case that brought the controversy to the Supreme Court were barely alluded to in all the academic “hypotheticals”.

Could president George W. Bush have been sent to prison for instructing an official proceeding or allegedly lying to Congress to induce war in Iraq? Could president Obama be charged with murder for killing US citizens abroad in a drone strike?  Could president Biden someday be charged with unlawfully inducing Come on immigrants to enter the country illegally for his border policies? 

This Biden query, ostensibly added in fairness to the current president, is a particularly nauseating and gratuitous bit of Koch network “fuck you, Biden.”  The other cases pose legitimate questions for democracy and both should’ve been investigated as criminal acts, or at least challenged as things future presidents would be on notice were out of bounds for presidents to do.

 The answer to all these questions is no. 

Wrong answer, moron.

Prosecuting the president for his official acts is an innovation with no foothold in history or tradition and incompatible with our constitutional structure.

False and false.

The original meaning of the executive vesting clause, the framers understanding and intent and unbroken historical tradition, spanning 200 years and policy considerations rooted in the separation of powers, all counsel against it. 

They all counsel strongly for holding a criminal president to account, counselor. 

I welcome the court’s questions. 

We have no questions for you, nor will we hold your bald-faced lying against you, you’re one of us. We will give you everything you ask for because we’re all on the same team, buddy.  And you have to love a man with balls as big as yours going for broke, brazenly doubling down on transparent lies and sweating it out to be a real bare-knuckle brawl winner like our indomitable sponsor Mr. Koch!

Putin is laughing his evil ass off

It’s hard to grasp the passionate MAGA embrace of dictatorial, enemy assassinating war criminal Vladimir Putin, except that their leader, a vain, compulsively lying orange-faced man with pale pink ears,  appears to truly love the taste of Putin’s ass.   Heather Cox Richardson, putting a few pieces together:

Under its new co-chairs, Trump’s daughter-in-law Lara Trump and Trump loyalist Michael Whatley, the Republican National Committee last week sent out a robocall to voters’ phones saying that Democrats committed “massive fraud” in the 2020 presidential election and that “If Democrats have their way, your vote could be canceled out by someone who isn’t even an American citizen.” This is a straight-up lie, of course—Trump and his loyalists have never produced any evidence for their accusations and lost more than 60 court cases over it—but Trump clearly intends to make it a centerpiece of his campaign. 

While Republicans are pushing the Big Lie, in The Bulwark today, conservative commentator Mona Charen noted that Ukraine president Volodomyr Zelensky this week warned the U.S. that Ukraine will lose the war against Russia’s aggression if it does not get U.S. aid. 

“Putin seems to have pulled off the most successful foreign influence operation in American history,” Charen wrote. “If Trump were being blackmailed by Putin it’s hard to imagine how he would behave any differently. And though it started with Trump, it has not ended there. Putin now wields more power over the [Republicans] than anyone other than Trump…. [T]hey mouth Russian disinformation without shame. Putin,” she said, “must be pinching himself.”

Heather’s full letter

Muddled with a bit of unneeded ideology, but making a reasonable point Biden should think about

I read an interesting critique of Biden’s campaign speculating about why, in spite of his impressive achievements in office, he seems to be trailing, or at best tied with, the destructive Trump in a nation many (on all sides) perceive to be broken. The author of the op ed writes as a professional centrist with a seeming bent toward the myth of The Great Communicator, Ronald Reagan. Aside from some nods to the MAGA right (Trump’s economic policies the first three years of his administration were widely seen as a great success), he makes an excellent point.

In a moment when so many are angry and feel betrayed by our institutions, where even an historically strong economy leaves millions feeling screwed, Biden the Institutionalist needs to vow to make fundamental, transformational change to fix broken institutions and commit to using the government to make real fairness a core and long term goal of his next term.

Ronald Reagan was a bigot and something of a dunce, though he was indisputably a very effective front man for the interests of our greatest, if most avaricious, citizens, the 1%, the best of us, born booted and spurred, continuing the ride the rest of us. There was no reason, but an appearance of giving credence to both sides of the political spectrum, for the op ed’s author to mention Reagan in the paragraph about Biden committing to reform, or to cite with approval Reagan’s words about limited government, but the larger point makes sense. Biden should stress his commitment to making the necessary reforms to a system many Americans now see as badly wounded, if not already broken beyond repair (enter dictator, who alone can fix it). Democracy has not broken yet, but there are crucial reforms that will make it stronger against determined enemies, here and broad, that we now know are maniacally intent on permanent minority rule.

A few examples of desperately needed reform: an independent, nonpolitical system for lifetime judicial appointments in which party operatives and ideologically committed judicial fraternity members would be ineligible for office. A rebalancing of the Supreme Court with several additional law abiding new justices. An end to the filibuster and the Electoral College, two crucial instruments for minority control, both remnants of slavery. No more one legislator blocking of all appointments in the manner of ignoramus Senator Tommy Tuberville. An independent commission to rule on electoral maps and have new ones drawn and implemented quickly. An interbranch dispute resolution court to quickly decide all conflicts between the three branches of government. An expedited way to keep vexatious, frivolous, transparently delay-seeking legal motions out of our courts. There are many institutional reforms that need to be done, a commitment to do them would strengthen Biden’s appeal and inspire voters to sign on.

Otherwise the party that has carried out its long term goal of creating hostility against our own government, who has broken all of the institutions that protect the will of the majority in a democracy, gets to benefit from the broken system. By their disabling of government, MAGA/Koch vindicate the demented Reagan’s glib assertion, regurgitating a very old line and making it his own, that the nine most terrifying words in the English language are “I’m from the government and I’m here to help” Here is a paragraph from the op ed I mentioned up top.

Even better would be an effort to develop a reform agenda: Mr. Biden could declare it’s long past time for America to put its house in order, to begin cleaning up the messes of the past two decades, to face our problems and return to our own best national self. He might even think of adapting and repurposing for the center-left a few lines from Ronald Reagan’s first Inaugural Address: “It’s not my intention to do away with government. It is rather to make it work — work with us, not over us; to stand by our side, not ride on our back. Government can and must provide opportunity, not smother it; foster productivity, not stifle it.”

full op ed

J6 hostage profile

Insurrectionist morons like Marjorie Taylor Greene, Matt Gaetz, Andy Biggs, Paul Gosar, Lyin’ Ted Cruz and their ilk, taking their cue from the Big Orange Turd, keep referring to the rioters arrested for their violence on January 6, 2021 as hostages. According to this deranged theory the indicted and convicted rioters are political hostages, unfairly arrested, subjected to bogus political prosecutions, illegally locked up and being badly mistreated for merely engaging in forceful protest that the RNC officially designated “legitimate political discourse”.

Everyone knows what hostages are, they’re people taken prisoner by force, kidnapped and held for ransom, usually by criminals or terrorists, in order to extract concessions from the loved ones of the hostages they are holding. The civilians kidnapped by Hamas on October 7th, being held as pawns in a negotiation, are hostages.

By contrast, and in direct contradiction to compromised Speaker of the House MAGA Mike’s recent lie, no protester walking in the Capitol building on January 6, 2021, no matter how peaceful, was innocent of, at the very least, criminal trespass. The entire MAGA crowd right wing fabulist Tucker Carlson called “respectful, peaceful tourists” entered after a violent armed crowd overran the police lines, sending dozens to the hospital, and broke into the locked building where a joint session of congress was in progress. Leaving aside the disgusting detail of how many of these innocent patriotic citizens defecated and pissed in the halls of the People’s House, while sacking it.

Many of these militant, right wing, white nationalist motherfuckers, like the ones who chanted “Hang Mike Pence (bring him out!) hang Mike Pence (bring him out!)” were guilty of crimes much more serious than trespass, in spite of Ronna Romney McDaniels’ alternative fact styling of their activities as “legitimate political discourse.”

Here is a very short description of one of Trump’s so-called hostages, the innocent patriots that he is fixing to fully pardon in his syphilitic fever dream of a second term when he would be a dictator for one day.

Trump judge MAGAs

Federalist Society member Trump lifetime appointee Aileen “Loose” Cannon ordered Trump’s lawyers and the DOJ to propose jury instructions based on one of Trump’s off-the-wall defenses. Trump insists that the Presidential Records Act, a civil law which was put into effect to thwart people like Nixon from doing illegal things with government documents, is complete protection against the criminal charges against him under the Espionage Act.

It is as incoherent as anything else that Trump says, but it has been embraced by MAGA Judge Cannon. Jury instructions are usually proposed and finalized during the trial. Here, Aileen Cannon hasn’t even set a date for trial, but made the unprecedented request for jury instructions anyway. Check out her beautiful in your fucking face Trumpian reversal of who the fucking idiot is, in ruling on the DOJ’s motion.

”Unprecedented and unjust”

The actual  “complex case of first impression” is how many ways a sitting judge appointed by a criminal defendant now sitting in her courtroom can abuse her discretion to protect her benefactor from accountability before she is removed from the case by the full panel of the appellate court.

Take note again

In October 2020, Trump refused to denounce the far-right Proud Boys organization, instead telling its members to “stand back and stand by.” The Proud Boys turned out for the attack on the U.S. Capitol on January 6, 2021, where they helped to lead those rioters fired up by Trump’s speech at The Ellipse, where he told them: “You’ll never take back our country with weakness. You have to show strength and you have to be strong. We have come to demand that Congress do the right thing…. And we fight. We fight like hell. And if you don’t fight like hell, you’re not going to have a country anymore.”

Heather

“You’ll never take back our country with weakness. You have to show strength and you have to be strong. We have come to demand that Congress do the right thing …

And we fight. We fight like hell. And if you don’t fight like hell, you’re not going to have a country anymore.”

Orange turd in the punchbowl

Merrick Garland solemnly intoned that we have one rule of law here, the same laws for the wealthy and the poor, the powerful and the powerless and so on.  The last few years have shown that is clear bullshit. 

A young military guy showing off a secret document on-line to impress his buddies, well after the FBI searched Mar-a-Largo and seized evidence that Trump illegally held on to classified documents, has already been convicted and is serving a sixteen year Espionage Act sentence. 

The young man committed a crime that is a small fraction of what the Orange Polyp committed in taking a trove of top secret documents, lying to government agencies about having them, storing them in public places around his gaudy country club home, insisting he had every right to keep the documents he rightfully took, or that were planted by the FBI, obstructing an investigation into whether he had them, instructing lackeys to destroy surveillance video of moving the boxes of secret documents and all the rest.

One big difference in the two cases, the kid who put the classified document on line surely doesn’t have $230,000 a day to spend on lawyers like the Big Guy does. Another big difference, he didn’t get to choose a judge he’d appointed to lifetime office who’d already demonstrated her fawning loyalty to him.

A NY appeals court did the Orange Turd a big favor Monday by reducing the bond he has to post to appeal his fraud case from close to a half a billion to a more manageable $175,000,000.  On the same day he got the news that starting on April 15 he will be sitting at the defendant’s table in NY criminal court four days a week until a verdict is reached in that trial, a trial that also involves his fraudulent business practices as well as election interference.   The boy is not holding up well.  In a late night rant he wrote “CROOKED JOE BUDEN MISINFORMATES AND DISINFOMATES ALL THE TIME”.   Point taken, Honest Don.

He’s going down, whether you buy his gold-painted high tops or his special Make America Prey Again Bible or any of the other bullshit he’s peddling.  On Fox they’re screaming about NBC firing discarded former Trump lackey Ronna Romney McDaniel who will be paid $600,000 by NBC per her contract, even though she won’t be on the air after massive pressure to get rid of her.  Fox insists people have the right to hear all sides, someone still claiming that the election of 2020 was stolen, and that the fake electors were real, and that the Republican party must pay all of a certain criminal defendant’s legal bills is just as entitled to those credible views as anyone who honestly stormed the Capitol on January 6th, or sincerely believes that Jewish space lasers are regularly employed to control the world.

We are living in disorientingly crazy times, just ask any of the elusive Buden superfans the NY Times was hunting for recently…