Perfect President

If your goal is to destroy the administrative state, end all regulation and stop the enforcement of coercive laws that protect only the poor, those demanding and parasitic “takers”, while ensuring maximum liberty for the most privileged to enjoy the unfettered pursuit of happiness, the shambolic [1] Mr. Trump is the perfect president  for you.  Mr. Trump, shameless showman and all-star sower of chaos, is the perfect president for those interested only in preserving, or enhancing, their own vast privilege.   

Trump’s manifest lifelong unconcern with law, rules and norms, his constant pursuit of self-interest above everything else, his mania for “winning”, coupled with his very limited attention span,  makes him the perfect man for the job.   His inattention to detail is catnip for those who have specific targets of  attack to cripple the impediments to their complete freedom from government coercion.  He is always happy to do nothing, if it benefits his biggest donors.   The devil in any regulatory scheme is in the details, as any high-stakes white collar criminal knows, so create enough havoc and certain key details will get lost in the shuffle.  Leave open appointments for agency heads, don’t fill government jobs as they become vacant, employ acting-directors so as not to require Senate confirmation, and so on. 

For example, we learn (from the excellent investigative podcast Trump Inc.) that the Federal Election Commission is currently unable to enforce federal campaign finance law.  All the perfect president has had to do to ensure this is nothing.

The Federal Election Commission (FEC) is an independent regulatory agency whose purpose is to enforce campaign finance law in United States federal elections. Founded in April 1975, after adoption of the 1974 amendments to the Federal Election Campaign Act, the Washington, D.C. based agency employed 339 Americans as of 2006 and, as of 2017, an annual budget of $79,000,000.  Its six commissioners, three from each major party, are appointed by the President.      See: Wikipedia

In order to vote to refer a criminal prosecution for violations of campaign finance law, a law the president himself appears to have violated when he was named as Individual One in a campaign finance violation that put his personal lawyer/fixer Michael Cohen in prison, the six commissioners, three Democratic, three Republican, must vote do do so [2].  Republicans have been historically reluctant to bring these complaints to enforce campaign finance laws, which require, at minimum, a quorum of four to vote on.  

There are currently only three FEC commissioners, making it impossible to have a quorum.  No quorum, no vote to enforce the federal campaign finance laws.   So all Trump had to do to ensure that there is no enforcement of federal campaign finance law, and, obviously,  no penalty for its violations, was — nothing.   Which he always does with aplomb.   He has been otherwise very busy, since the day he was inaugurated in 2017, focusing on his reelection campaign and driving huge rally crowds into continual frenzies.

Interesting note: Don McGahn is a former FEC commissioner, nominated by George W. Bush in 2008 and confirmed by the Senate for his six year term.  He was elected FEC chairman soon after his confirmation.   Read all about it:   Here is a  beautiful example of Mr. McGahn’s legal prose, an opinion in a 2013 enforcement case ruling that Trump, Michael Cohen and the Trump organization did absolutely nothing wrong in connection with the 2012 presidential campaign.

 

As Wikipedia puts it: Due to multiple members resigning and no confirmed replacements, the commission lacks a quorum and cannot conduct most of its regulatory functions.[5]

Before we get too excited, there is powerful criticism of the FEC, summarized here:

Critics of the FEC, including campaign finance reform supporters such as Common Cause and Democracy 21, have complained that it is a classic example of regulatory capture where it serves the interests of the ones it was intended to regulate. The FEC’s bipartisan structure, which was established by Congress, renders the agency “toothless.” Critics also claim that most FEC penalties for violating election law come well after the actual election in which they were committed. Additionally, some critics claim that the commissioners tend to act as an arm of the “regulated community” of parties, interest groups, and politicians when issuing rulings and writing regulations. Others point out, however, that the commissioners rarely divide evenly along partisan lines, and that the response time problem may be endemic to the enforcement procedures established by Congress. To complete steps necessary to resolve a complaint – including time for defendants to respond to the complaint, time to investigate and engage in legal analysis, and finally, where warranted, prosecution – necessarily takes far longer than the comparatively brief period of a political campaign.

My advice to anyone outraged by the kind of nonchalantly autocratic moves Mr. Trump routinely makes to weaken regulations, oversight and democracy itself, look away, vote for whoever the DNC puts up as a “centrist” presidential candidate.  Nothing you can do about any of it anyway, you powerless, worried citizens, short of doing the near impossible thing of figuring out how to join with others to organize and have a voice.  Just keep looking away.  You’ll hardly feel it when the bottom drops out from under us all.   The world is being destroyed anyway, and will be beyond salvaging shortly at the present rate of destruction, so no worries.

 

[1]  Just learned this great word from James Risen.  Shambolic:  chaotic, disorganized or mismanaged, (syn: muddled, confused, in total disarray).

[2] National disgrace Bill Barr (who recently joined the line of bagpipers at a police rally, so help me God) made the case against Trump in the Southern District go away, though Cohen, now in federal prison,  was reimbursed the $130,000 he paid porn-star Stormy Daniels in October 2016 (the campaign finance crime) and produced the $130,000 personal check Trump signed in his now familiar jagged Sharpie scrawl to reimburse him for the criminal act.  Oh, well.  That’s the Unitary Executive for you!

 

The Nicest Thing About the Recent Impeachment

During the days leading up to the Impeachment Trial, where partisan acquittal was ensured beforehand by a gentleman’s agreement to allow no fact witnesses or blocked documentary evidence to interfere with the smooth public exoneration process, and during the “trial” itself, there was a merciful silence from Attorney General Bagpiper Bill Barr.

Other Trump accomplices, (henchmen, if you prefer) were also blessedly silent during the “trial”.  We heard virtually nothing from Mick “I’ve got your Quid Pro right here!” Mulvaney, Mike Pompeo, or even the unstoppable, self-indicting (under any other DOJ) Rudy Giuliani.  

Most blessed of all the silence was that of the most openly corrupt Attorney General in modern U.S. history, the president’s deeply religious Roy Cohn, Bagpiper Bill Barr.

I loved that I didn’t have to hear his caviling, often unreasonable, legal-sounding braying, his false gravitas and pretensions of integrity, the piety of this malignant right wing provocateur, strong legal right arm of the unbound malignant narcissist president.  Barr’s public silence in defense of the lifelong scofflaw at whose pleasure he serves was the single nicest thing about the recent impeachment, to me.

Sadly, that shit is now over, back to business as usual (the business of angry, privileged white men, anyway) making America 1953 again.  USA!  USA!!!   (etc.)

Fuhrerworte haben Gesetzeskraft, yo

The hallmark of autocracy is unquestioning fealty to the unfailing wisdom and absolute power of the autocrat.   If the leader did it, it cannot be wrong.  If the leader said it, it must be the law, in a dictatorship.  That was the express credo and supreme legal principle of the Nazi regime, “the leader’s word is law” to wit:

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After his party-line acquittal in the first trial in American history free of witnesses and evidence, the President’s impeachment “trial” in the Senate, the President exercised his legitimate power to punish the civil servants who had complied with legal subpoenas and testified honestly in the impeachment inquiry. 

The purge included the blameless twin brother of Alexander Vindman, one of the officials who gave sworn public testimony that directly contradicted the President’s claim that his 7/25 call to the new president of Ukraine was “perfect” (leaving aside a: what a “perfect call” even means and b: why the only record of the perfect call was hidden in a top secret government server until the Barr-squelched “credible”  and “urgent” Whistleblower complaint became known on September 9th).   

Although the vindictive purge by the President looked like the act of a petulant dictator, the firings were within the absolute right of every head of the Executive Branch, to purge the ranks of his enemies.   No reason to get all morally indignant about that.   Purges happen, the law says it’s fine, everyone in the Executive Branch works “at the pleasure of” their boss, the President, as we all know.

A few days later, late the other night, the President tweeted that the upcoming sentencing of his longtime ally Roger Stone was “horrible” and “very unfair”. 

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All Stone had been convicted of, after all, was loyalty to his old friend while the sick and dangerous Democrats were getting a pass on all their many crimes.  Barr’s DOJ, by the way, is conducting criminal investigations into some of these sick bastards, including two sick and dangerous former FBI directors who refused to swear personal loyalty to the President, even when directly asked by the President [1].

Stone was only trying to help the President by lying under oath to federal investigators about his role in Russia’s sweeping and systematic attempt to help Trump eke out a 78,000 vote Electoral College win over an almost equally reviled opponent in the 2016 presidential race.  Where is the crime in that?!!!   Being a loyal friend is now a crime?!  Stone’s open defiance of the judge’s gag order?   He was nervous, because he’s INNOCENT!  What don’t you understand about “very unfair” and “horrible”?!

Asked yesterday, after the unabashedly corrupt Bagpiper Bill Barr’s Justice Department modified their own sentencing memo to the judge in the Stone case, based on the President’s sophisticated legal arguments in his “horrible” and “very unfair” tweet,  the President was asked if he has learned anything from impeachment.   Here is the question and the dumber than a pile of scats fiery red meat response:

Reporter:  What lesson did you learn from impeachment?

POTUS:  That the Democrats are crooked, they’ve got a lot of crooked things going.  That they’re vicious, that they shouldn’t have brought impeachment…

Reporter:   … anything about yourself?   

POTUS:   … and that my poll numbers are ten points higher because of fake news like NBC which reports the news very inaccurately, probably more inaccurately than CNN, if that’s possible, uh, MSDNC, and you’re MS… uh, and if you take a look at NBC… no, I think they’re among the most dishonest reporters of the news.

Case closed.  Trump 2020. 

The mass media (except for FOX, Breitbart, Der Sturmer and a few other reliable outlets) is the Enemy of the People, some very sick and dangerous people lying about truly great Americans while covering up the crimes of other sick and dangerous Democrat traitors!  It is finally almost time to turn the tables and bring justice to these sick and dangerous criminals.

Trump 2020.  Say it with me:  “Fuhrerworte haben Gesetzeskraft, yo.

 

[1] The investigation into one, Andrew McCabe, was ended shortly after this post was written, with no finding of an actionable criminal charge.  

Look Away at Your Peril, Citizens

Terrible things happen regularly in our world, under the heading of “man’s inhumanity to man.”   At any given time one group of humans are catching hell from another.  For example, in 1921, a group of angry men in Tulsa, Oklahoma decided it was an intolerable outrage that another group of men, men who didn’t look like them, were prosperous while they themselves were struggling economically.   They went on a full-scale rampage, burning down a large section of Tulsa and killing an untold number of the other, hated, ethnic group.  After the pogrom, the survivors of that orgy of destruction, their former fine homes in ruins, were herded into an outdoor holding camp, presumably for their own protection from the still murderous mob.  

We don’t hear much about this particular racist massacre by a group of men who honestly believed they were superior to the people they were slaughtering, and fully justified in their violent actions.  Next year, when the centenary of the massive Tulsa Pogrom comes around, this particular little known slaughter will be placed before the public again. as if for the first time.

We can observe the sickening echoes of history, the sequences of unfolding events that “rhyme” with the most troubling episodes of the past.   We can see a familiar progression before every outpouring of mass rage:  legitimate grievance, harnessed and enflamed by finger-pointing demagogues, an “other” vilified (often as rapists and child murderers) and then, after sufficient time for this malignant brew to fully ferment, the chants begin, torches are lifted, men with guns ride to the rescue, the villains are brought to “justice,” swiftly, violently, without regard to the ordinary niceties for determining guilt or innocence.

It is a human instinct to look away from this kind of horror.   The impulse is understandable, even if it can also be fatal.   Historical comparisons are always slippery, often used to advance supremely idiotic arguments.   Certain things, however, always follow the same pattern.   In times of vast economic insecurity, for example, when massive transnational corporations employ armies of the world’s poorest, at slave wages, to maximize their profit margin, it is predictable that masses of their former decently paid workers, now without the prospect of employment for a fair wage, will rightfully feel betrayed and angry.  Angry people look for somebody to blame.  Demagogues direct their righteous rage towards some historically powerless group, the scoundrels who are to blame for this savage injustice.

It is predictable that when hundred year killer storms become the norm, instead of rare exceptions to the natural order — despite the robust right wing cries of hoax, fraud, lies, hysterical liberal alarmism — people affected by the storms will feel enormous desperation.  Every news report of a deadly tornado in an area that had never seen one, earthquakes in areas that had never had them, another large city flooded by a killer hurricane, landslides, wild fires, drought, rising sea levels causing floods … increases anxiety.  

It’s impossible to fully quell the thought, with the regular front page news of these now frequent natural disasters, that maybe this increasing natural destruction is not all a Chinese hoax invented by evil job-killing enemies who want to destroy our freedom.   The awful thought that maybe a hundred years of man’s wanton pollution has caused this scary change of the climate will creep in from time to time, especially after your own home is destroyed by an aggrieved Mother Nature.

Look away if you must.  Politics has become an ugly blood sport, the instinct to look away is stronger than it’s ever been, by deliberate design of the game.   As you turn your gaze inward to your own life, and making it as good as you can, in spite of the horrors around you, understand that only one side in the tribal wars has been actively and energetically organizing and preparing for this war for decades.  

Right now that side is winning bigly, while the other side cowers, afraid, torn by debate, many of its would be advocates turning away from “politics” and clinging to the things in life that make them feel most comfortable as the terrible rhymes of the worst episodes of history are jangling like ominous, maddeningly loud wind chimes agitated by a killing breeze.

Here in America only one side of our political divide, the extreme right, has organized a methodical long game to “right the scales” in the culture war.   One party now embraces views that, forty years ago, were the unthinkably paranoid, self-interested (and, frankly, racist) magical thinking of extreme fringe fanatics like The John Birch Society  [1].   The well-funded, smartly engineered campaign that created and funded influential “think tanks” to intellectually argue for their preferred public policies and shape national debate, endowed chairs at hundreds of universities for professors who espouse their liberty-loving views, founded, and funded, an influential national society of ambitious young lawyers and law students to ideologically indoctrinate and promote, through a fellow-traveler career ladder, future federal judges who will act as one to advance their agenda, given a case with the wiggle room to do so, funding national “grassroots” campaigns that appear on television to give the appearance of a massive, spontaneous public outcry, really has no analogue on the left. 

The protection of vast financial privilege, inequalities of wealth and grotesquely unequal chances for life or dignity, has long been the project of the privileged.  There is nothing mysterious about this; you or I, if we were cynics, would probably do the same, under these conditions.   If you stand to inherit a billion dollars from the family trust, and the government seeks to claim half of that in a punitive Death Tax, you will donate however many millions you are required to kick in for the cause of keeping it all.

Liberty, in fact, according to this orthodoxy, demands that the government not be allowed to coerce its citizens or unfairly confiscate the rightful property of  citizens.    An army of desperate poor people will be assembled to stand on the mall in Washington D.C. and every other major city and, in one voice, rail against this vicious government intrusion on human freedom!   Give ’em each fifty bucks and a free lunch, pay an additional ten if they make their own signs.   Why not?   That’s democracy in action, after all.   USA!  USA!!!!

The radical right has played a clever long game, learning from its mistakes, tweaking the program like a skilled engineer does to fix bugs in it.  It doesn’t hurt that they have unlimited money to deploy in sustaining their ever more effective long game.  Every beneficiary of the tangible privileges accorded to wealthy followers of the ideology will gladly kick in to advance the agenda for her own children and the children of her children’s children.   This is simply human nature, which you are free to judge, but powerless to do anything about.  

On the progressive side, historically, and presently, we tend to argue from entrenched positions — incremental change advocates (the practical art of the possible) versus institutional change advocates (justice delayed is justice denied).  We have moderates, urging us to not attempt to frontally attack long-time institutional injustices.   We have liberals, telling us that certain intolerable social evils should be reformed, must be reformed, to the extent possible in our divided political culture,  but that it may take a generation or two, or perhaps, as our recent history shows, a century or more.  

We have a few public radicals on the organized left, pointing out, correctly in my view, that the long slide toward autocracy (and bear in mind, the wealthy architects of the right wing revolution, in their hearts, prize their own liberty to be free of social coercion of any kind above everything else– autocracy for all!) cannot be countered with half measures.  We are fighting unscrupulous reactionary radicals, controlling untold wealth, who are busily spending to entrench themselves in permanent power, and only an equal and opposing energy, organizing and willingness to fight can make any difference.

The dilemma in a nation trained from birth to be pliant consumers — if you are appalled by the rapid advance of an extreme right wing agenda, there is really no place you can visit today, and directly participate to fight, that compares to any of the effective and massively well-funded one-stop shops of the formerly radical right.   If you are a young Libertarian, there is an easily findable career network and ready funding, from a variety of sources, for your liberty-enhancing ideas and a group of likeminded idealists ready to welcome you to their ranks.   Young leftists?  Good luck to you finding an organization to work with, finding people to organize, strategize and march with, in your city or town.

So, to the traumatized people of good conscience I know, I understand 100% your revulsion, and the reason you turn away from the ugly spectacle as our nation drops even the pretense of democracy.   It is painful and scary to witness, and a feeling of helpless anger is difficult to sit with.   There are wonderful entertainments to take our minds off this unsettling state of affairs, a host of diverting and excellent, healthy things to do– rather than watch in horror as the dark clouds of autocracy blot out all hopes of the light ever returning.   I get it, absolutely.   

And I will do my best to console you, sickeningly insistent realist (or unhinged, overwrought imaginer) that I am, in the cattle car, on our trip toward the relocation center.   At that point it will be senselessly cruel to remind anyone that all evil needs to flourish is for people of good conscience to look away, to do nothing.   How were you to really know how bad it was actually getting?   The New York Times was not freaking out, that much.

And, more to the point, it is not as if it was our children, or the children of anyone we know, who were snatched from their mothers’ arms and lost in a system of cages spread across many states, in the name of enthusiastically chanting crowds, for the profit of politically connected entrepreneurs who, flushed with a love of liberty, increased their bottom line bigly with government contracts to house these miserable sons and daughters of rapists and drug dealers.  

Do you think that on our way to the retraining center I would be crass enough to reproach anyone for their natural turning away from horror?   Not at all.   You won’t hear a word of reproach from me.  Why would you?

 

[1]  One of these wingnuts, the wildly influential, opiate-addled Rush Limbaugh, was decorated with the nation’s highest medal for a civilian, the Presidential Medal of Freedom, hung around his neck by First Lady Melania.   Why not?   Rush was one of the pioneers of this brutal new politics, and one of the most successful promoters of ideas previously considered too insane to publicly advocate.  Without Limbaugh, you don’t get to Trump.   A grateful president acknowledges his debt, without getting too close to Rush, whose late stage cancer might be contagious, after all.  Wind farms also produce cancer, a shit ton of cancer, people are saying.  You can’t be too careful, if you want to live to see the full ripening of your movement towards absolute liberty from government coercion.

This will come as no surprise

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Hannah Arendt writes, in her masterpiece Eichmann in Jerusalem:

there had existed two categories of Jews in the camps, the so-called “transport Jews” (Transportjuden), who made up the bulk of the population and who had never committed an offense, even in the eyes of the Nazis, and the Jews “in protective custody” (Schutzhaftjuden), who had been sent to German concentration camps for some transgression and who, under the totalitarian principle of directing the full terror of the regime against the “innocents,” were considerably better off than the others, even when they were shipped to the East in order to make the concentration camps in the Reich judenrein [“free of Jews” — ed.].    (In the words of Mrs. Raja Kagan, an excellent witness on Auschwitz, it was “the great paradox of Auschwitz.  Those caught committing a criminal offense were treated better than the others.”  They were not subject to the selection and, as a rule, they survived.)   [1] 

Think about any fundamentally lawless regime, ruled by a dictator, using terror, the threat of certain, merciless, violent reprisal, to enforce its absolute will in the face of potential resistance.   These regimes conduct one-sided unappealable show “trials” without witnesses or evidence, where loyalists take oaths in vain and vote on straight party lines to endorse their leader’s abuses of power and obstruction of justice.   These trials can also be used to publicly humiliate, convict and eliminate all enemies, real or percieved.   

In totalitarian societies actual criminals are often regarded as a lawless (outside of the leader’s will, which has the force of law) regime’s bold and beautiful, rewarded as men worthy of respect because they take what they want, rejecting weak, liberal social constraints, and the restraints of liberal “conscience” on their great appetites.  Criminals are the natural aristocrats of a totalitarian society, as long as their crimes remain above politics, or are committed in the service of the leader.  Punishment is for the weak and the timid, for the millions and millions of cowering losers who, even momentarily, seem to refuse to obey blindly.  They must all be made examples of!

Here’s another angry Jew, Eli Valley, a fine artist with brilliant brushwork, and a wicked sense of humor,  making a related point that some will find overwrought.   We who read history somberly, taking careful notes, never dismiss the murderous power of an angry crowd whose passions are stoked by a master of enflaming grievance and rage.  There are many, many, many examples of irrational appeals to fear, resentment and rage resulting in mass murder. 

Of course, even though it’s happened here many times, more times than most of us are aware of,  it can’t happen here.  Of course, of course!

 

 

[1] Eichmann in Jerusalem: A Report on the Banality of Evil, Hannah Arendt, (c) 1963-64   Penguin Classics edition,    p. 214

 

Lest we forget Mr. Trump’s greatest achievement

Fairness demands that I point out that Mr. Trump and his billionaire son-in-law, Mr. Kushner,  have done what nobody in history has come close to doing.   They brought peace to the Middle East by brokering a historic peace deal between the eternally complaining Palestinians and our great democratic allies in Israel.   

Don’t take it from me, here’s Jared Kushner, author of the detailed eighty page plan that solved an explosive and long-festering problem that has generally been considered insoluble.   Jared summarizes his delicate diplomatic work in ten seconds or less HERE.

Our democratic institutions remain as strong as our booming economy

And the natural world has never been a less polluted, safer, more sustainable and harmonious place for all living creatures.

Now that the president has been solidly acquitted of Abuse of Power (no such high crime specified in the Constitution, losers) and Obstruction of Congress (the traitors don’t have the votes to make me obey their so-called “subpoenas”, losers) he is bringing the country back together again.   

About the acts that led up to his impeachment, a hoax he is now trying to have “expunged” from history– he has been completely and totally vindicated.  Any U.S. president, including Trump, can now comfortably do things like withholding military aid to an ally for three months, as they are under attack by a bellicose neighbor,  as leverage to exact a personal political favor– as long as he TRULY, HONESTLY AND SINCERELY BELIEVES HE IS DOING IT IN THE BEST INTERESTS OF THE U.S.A.  He can hide the records of his long campaign to pressure that ally without any consequences whatsoever.  He can have his loyal party vote on acquittal after a trial without hearing any witnesses or seeing any new evidence.  Fair is fair, and it’s always good to have the rules clarified.

To show he understands his impeachment far better than all the wise-ass, well-spoken “lawyers” who tried to make the totally bogus “legal” case against him, he reached down deep for some of his best words:

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In a rare bit of eccentric copy editing, the New York Times quoted the eloquent, often uneditable, president on the rumor that he plans to replace loyal Mick Mulvaney, Koch-funded Tea Party zealot, as acting chief of staff.  Mark Meadows, another Trump loyalist, has been traveling with the president to campaign events, leading to speculation about the change.   Here is the Times, quoting the ever-quotable most powerful man in the world, to somewhat odd effect:

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A great false relationship with Mark Meadows?   Not hard to believe, I suppose.  Everything is a self-interested transaction to the greatest president in American history.   Ask any of his wives [1] or children, or members of his own party who dare to oppose any detail of his rule, or anyone of the countless “losers” he has ever exacted vengeance on for the ultimate crime of “disloyalty”.   Loyalty to this man is a one way street.   

That street is paved with fake gold and leads directly to the ever-angry childish ego of the most powerful man in the world.  It is a street where that man could shoot somebody in the face, according to him and his own lawyers, with no consequence to him — particularly if he sincerely believes he is executing a sick and dangerous criminal traitor who desperately needs to die.

Ah, you’re better off watching this, which I pasted in here accidentally:

 

[1]   One lurid example:

The punitive prenuptial agreement between Donald and Ivanka, The Donald’s first wife, was written by none other than Roy Cohn himself.  Cohn, one of the most evil men who ever exerted undue influence in America, a self-hating gay homophobe who specialized in persecuting his enemies, using, among his most powerful tools, long-cultivated contacts in the press to rapidly spread lies advantageous to his clients, was Trump’s role model.  Cohn died of AIDS he claimed was cancer, disbarred and under criminal indictment at the time of his death.  Trump, who values loyalty above all else,  turned his back on his long-time mentor as Cohn was dying.

When Trump’s original AG Jeff Sessions did the wrong thing (in Trump’s eyes), by following DOJ ethics lawyers’ solid legal advice about recusing himself from an investigation he’d already lied about under oath, Trump, after grunting “I’m fucked!” immediately attacked Sessions for not protecting him like “Roy Cohn”.   “Where’s my Roy Cohn?” he cried out in anguish at the betrayal by DOJ “ethics” weasels who worked for him, seeking the protection of his mythical unconvicted criminal and unrepentant criminal fixer.  Bagpiper Bill Barr stepped forward to give the president such snug, cozy protection it would have given Roy Cohn an erection.   

Taking Concerted Action in a Budding Autocracy

Once you remove the last legal restraints on a lawless person, the results are easy to predict.  

I’m haunted by the image of Mr. Hitler, already the dictator of Germany for a year and a half, finally sending the Gestapo out to liquidate his enemies in “The Night of the Long Knives”.   Everyone on Mr. Hitler’s voluminous enemies list was murdered that night, June 30, 1934, including a nationally known ultra-conservative politician and decorated German general named Kurt von Schleicher.  He was shot seven times while sitting at his desk, his wife was also killed; a year later Schleicher’s cook, the only eye witness to the shooting, mysteriously drowned. 

The killing of Schleicher was sold the next morning as an act of self-defense by the men sent to take Schleicher into custody for treason.  The Nazi story in the Nazi-controlled mass media was that they’d shot the accused traitor when he resisted arrest by opening fire on them, as desperate, insane traitors often do.  Two weeks later Mr. Hitler could nonchalantly drop the lie during a Reichstag speech and simply tell the nation: “I had Schleicher shot.”  

Even though “jobs are booming, incomes are soaring, poverty is plummeting, crime is falling, confidence is surging and our country is thriving and highly respected again” I am feeling unaccountably uneasy.  I keep thinking of what our infallible leader tweeted right after Mueller’s investigation “completely and totally exonerated” the man about whose obstruction of justice Robert Mueller III wrote “we could not exonerate him.”  

Mueller, the lifelong Republican who completely exonerated Trump, of course —  a traitor– and the treason of his witch hunting partisan investigators is being criminally investigated by the aggressive Attorney General’s most aggressive investigator even as we joyously celebrate the unprecedented greatness of our great land.  Here’s the part of the president’s tweet I can’t manage to forget:

“It is finally time to turn the tables and bring justice to some very sick and dangerous people who have committed very serious crimes, perhaps even Spying or Treason.”

Before he actually gets to do that, I, personally, have to get busy.  Voting every few years for an attractively packaged corporate candidate, the one with the most persuasive public relations campaign, has not prevented the frightening historic moment we find ourselves in.  I have a strong need to sit in a room with other determined people who are organizing to fight the forces of autocracy.  I have a gnawing need not to accept my individual helplessness as a citizen of our great democracy, as even  the pretense of that democracy is poised to perish from the earth.

I found one organization to check out just now, with headquarters in Brooklyn NY.  One of its leaders is one of the women who stopped a sheepish Jeff Flake in an elevator, on the eve of the Judiciary Committee vote to send the nomination of the angry, crying, self-pitying, intemperately partisan “Brett” Kavanaugh to the full Senate, and asked Flake on camera to do the right thing.   The short video went viral.  As the result of this direct public pressure, Flake did as much of the right thing as any Republican not dying of brain cancer can do these days (I refer to John McCain’s thumbs down to narrowly defeat the vote to end the Affordable Care Act, not long before his own death).

We should also pause to note Mitt Romney’s heroic and lonely vote of conscience to allow a fair trial, with witnesses and evidence, prior to the president’s acquittal — an unthinkably radical notion today among Republicans in Trump’s America.  (Susan Collins, shameless apologist for Kavanaugh– among other things–  has to lose her contested election, and good riddance).

Anyway, here’s the organization I want to check out:

The Center for Popular Democracy is an American advocacy group that promotes progressive politics. CPD is a federation of groups that includes some of the old chapters of ACORN. The group’s stated goal is to “envision and win an innovative pro-worker, pro-immigrant, racial and economic justice agenda.” Wikipedia

Alas, not as easy as simply going to their website:
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I’ll have to phone them tomorrow.
“And God bless these United Shayssssh…”

License to Lawlessness

Spoiler:  [ Here is the on-line consumer complaint form, that quickly solved the problem described below.  I have to figure out how to publicize it.}

With the largely incoherent “arguments” about why Abuse of Power is no vice and justifying absolute presidential immunity for obstructing multiple corruption investigations droning on in the foreground of American democracy — let’s examine what happens to the average citizen when the law that protects their health care can be routinely violated without consequences.

In New York State, patients who get their health care through the Patient Protection and Affordable Care Act (“ACA” or “Obamacare”) can, on the eleventh day of January every year, have the health insurance they’ve lawfully reenrolled in canceled at the whim of the private health insurance company they pay for coverage.   I learned this sobering fact when it happened to me on January 22 of this year when I called to pay my premiums through June, as I had done every six months for the last few years.    

The reason given for abruptly canceling the policy I’d renewed on December 6 was that I’d missed the ten-day “grace period” for paying the first month’s premium for a new policy.   My arguments that I’d received no notice of any “grace period”, that it was the same policy I’d had for two or three years, same ID number, same ID card, same premium, fell on deaf ears.

The Healthfirst supervisor, Daya (like the vegan cheese), told me, with great certainty, that Healthfirst was following the “guidelines” and that I’d have to quickly reapply at the New York State of Health Marketplace if I wanted coverage starting March 1.  She informed me there was no requirement that health insurance companies give customers any notice of this ten day “grace period” and that the only appeal was an internal one.   She said she’d refer my “case” to “financial” and get back to me.  She told me I’d be responsible for paying the full price of the expensive, on-going heart-related procedure I’d had on January 8th, mistakenly believing I was still insured.    

In her long experience at Healthfirst, she told me, she’d never known “financial” to overturn a valid termination.  True to her word, I had a cheerful voicemail from her the following day and when I returned the call was informed by a representative that the termination was, unfortunately, final, irrevocable and non-appealable.   

Until two business days later when the company called to apologize for their “mistake”.  They took my payment over the phone, right before January ended, apologizing as much as I demanded.  I pummeled that poor woman, bullied her into admitting she empathized, would be equally outraged if she suddenly and without any warning found herself in my position.  My friends sent me congratulations for my tenacity, my legal skills, for prevailing in a high stakes fight nobody should have to fight just to have the basic right to health care granted to all citizens of every other wealthy nation.  I am as angry now as I was when they cancelled my insurance.  Here is why:

While one of the innovations of the Patient Protection and Affordable Care Act was making it much harder for insurance companies to cancel policies for late payments without notice (an industry-wide practice as widespread and previously legal as non-coverage for “pre-existing conditions”), the first ten days of every  new year apparently offer an annual exemption to this rule allowing health insurance companies to cancel policies without warning.   That might be the law, or it might not be the law.  It’s up to the individual affected by termination for not paying in the “grace period” to try to find out what the law actually is and if any official in their state can help them determine the legality of what has just been done to deprive them of affordable health care.  Oh, and if there’s an available legal remedy if the action taken against them was illegal under the ACA.

An internet search took me to the only public agency that handles health care related consumer complaints.    The Better Business Bureau will help consumers with virtually every business-related conflict, excluding anything to do with health insurance.  The New York City Public Advocate does not get involved with consumers as individuals, only matters of “public policy”.   The state entity that has the monopoly on selling ACA plans, the “New York State of Health Marketplace” (NYSOH)  has no mechanism, outside of a three to four month quasi-judicial appeals process, to help health care consumers correct even NYSOH’s own errors that deprive them of health insurance or payment subsidies.  NYSOH also does not inform us of our basic legal rights as patients protected by the embattled Patient Protection and Affordable Care Act [2].  

The job of helping all of the many New York State health care “consumers” (otherwise known as “patients”) who experience problems with their health insurance falls to the small Health Care Bureau, a desk at the New York State Attorney General’s office, a hotline staffed by one or two decent, well-meaning, overwhelmed and powerless people who are very, very busy.

I contacted the Health Care Bureau and spoke to an extremely sympathetic and harried woman who lamented that there was little they could do for me, except to reach out to the company with a complaint and hope the corporation would change its mind.  I got an email telling me my transcribed complaint had been submitted [3].  The complaint, which stated my dictated complaint verbatim, looked very official, here is what is at the top of the copy they sent me:

Screen shot 2020-02-03 at 3.33.54 PM.png

The next day the extremely kind woman from the Health Care Bureau reached out to let me know that, sadly, Healthfirst  got back to her to say, in essence, “tough noogies.”  She greatly empathized when she called to give me the bad news, told me she wished there was more she could do and advised me that I’d better get busy re-applying to NYSOH for health insurance if it wanted coverage again on March 1.

I called a non-profit advocate for the poor and elderly where a lawyer had helped me in the past, though even that excellent lawyer’s powers were extremely limited when it came to overcoming the refusal of a private health insurance corporation to comply with the law.   They researched my complaint and called me back to inform me that I’d better reapply if I wanted to be insured again on March 1, since there was probably nothing anyone could do.  In a voicemail they regretted they could not be of more help to me and made a reference to the Department of Financial Services consumer help forms.

I spent many more hours on the internet and on the phone, spoke to many more people at several New York City offices [1].  Eventually I found one who told me to file the consumer complaint form I’d already found at the New York State Department of Financial Services.  I’d found a link to this form during my second full day of research but had been skeptical, due to past experience with that agency. The great woman I spoke to at the NYC agency, Alexa, told me confidently that the insurance company would be forced to reverse its decision as a result of this complaint.  I wrote the complaint, filed it on-line and two business days later, Alexa’s prediction came true.  

There is a short explanation for why the corporation changed its unappealable decision: it had violated the law by canceling my health insurance, without notice or warning.   The government’s enforcement of its laws is the only thing that can force an unscrupulous person (or “person”)  to behave ethically, or at least comply with the law.   Without public enforcement, a law is as empty as the words of the lawyer for a vicious criminal arguing that since his client truly believed he was doing nothing wrong it was legally impossible that he’d committed the crime the jury had seen the videotape of him committing.   No intent, no crime, no harm, no foul!

The explanation for why the Department of Financial Services was the place to find and file a new, highly effective, amazingly fast-acting on-line consumer complaint against a health insurance company is a little longer.   When New York State became one of the first states to adopt the ACA, it abolished the Commissioner of Insurance position as well as the state’s Department of Insurance.   All of the functions of that oversight agency were merged into a new agency that also oversees banking and finances in New York State.   This was a full three years after the calamitous fallout from the financial industry’s massive fraud came close to causing a world economic collapse.   What could go wrong?  

The last time I had problems with my health insurance, at some point between my two “successful” several month appeal processes at the New York State of Health Marketplace to overturn errors they had made, I contacted the Department of Financial Services.  At the time, their fraud investigators, one of whom I managed to track down and eventually spoke with for a long time, only had the ability to investigate insurance fraud claims lodged by insurance companies against customers.  There was no consumer help available, though they helpfully referred me to the same 800 number that had begun my twenty hours or so in the useless administrative cul du sac I’d described in a long letter to the Attorney General’s office.

This time I was screwed by a corporation and, amazingly, managed to get quickly unscrewed.  Why am I still angry?  A character flaw, I suppose, I can’t help thinking of countless neighbors of mine, for whom English is a second language, who have no hope of finding this well-hidden, highly effective new remedy for the ILLEGAL practice of terminating affordable health care without notice or warning of any kind.  I think of anyone who does not have my particular skill set and perversity, anyone who has not been a lawyer, trying to navigate the impossibly rough waters of not being illegally thrown off an insurance policy.  

WHY DOES NOBODY (outside of a very cool NYC worker named Alexa) IN ANY OFFICE DEDICATED TO HELPING CITIZENS WITH HEALTH CARE KNOW ABOUT THE SECRET NEW 100% EFFECTIVE CURE for this particular corporate abuse?  Why is the public, particularly its most vulnerable members, not publicly and effectively informed of it?  Why is there no requirement that we be informed of how the law to protect patients actually protects patients?

As for the amazing quickness of the legal relief I got (two business days!), I can only conclude that out of the many hundreds or thousands around the state similarly screwed, I must have been one of very few, perhaps the only one, who filed a complaint with the Department of Financial Services on their new secret on-line form.  I can’t think of how else my vexing problem could have been solved so quickly.    Here is the NYSDFS consumer complaint form, by the way.

Abuse is not a crime, unless the law specifically makes it a crime.  If the law doesn’t specifically say you can’t abuse, it’s perfectly legal to do whatever you want, “abusive” or otherwise (within other legal limits) to anybody,.   If there is a law against a certain kind of abuse, but there is no enforcement available for those abused and no penalty to the abuser, well, that speaks for itself.  It says “I know you are, but what am I?!!”   In that case, effectively, even though a practice is actually against the law, in reality there is no law.  If there is no law, you have the democratic government you vulnerable, helpless, pitiful chumps deserve, losers!  It’s up to us all to … oh, never mind… there must be a good reality show we can all watch to calm down…

 

 

[1]   I learned from a great and knowledgeable woman at the New York City Human Resources Administration, Department of Health, Public Engagement Unit (212-331-6266  M-Th  9am-8pm  Fri til 6:30)  that New York City has a new program, NYC Care, that provides an extensive safety net for low-income individuals who lose access to affordable health care.  

This wonderful pilot program can save a lot of lives, because it provides for low cost doctor visits.  It should be well-known and well-publicized until it is.   NYC Care has a helpline at 646-NYC-CARE (692-2273).  The program is only active in the Bronx, so far, but if you go to any public hospital (Bellvue, Harlem Hospital, Jacobi, Lincoln, Montefiore)  you can enroll, at the Financial Planning or Business Office, in the low-cost, pay-as-you-go “options program”.   I will also post this as a separate piece, a public service announcement.

[2]  The inept public agency that has the state monopoly on providing ACA health plans is run by an unaccountable political appointee, Donna Frescatore, who does not allow consumers to contact her, nor does she allow NYSOH reps to divulge her identity to consumers.   Both of my appeals against NYSOH were necessitated by errors made by NYSOH reps that could only be corrected by winning a quasi-judicial appeal months later.   As a result of her excellent stewardship of NYSOH Frescatore has been promoted to Deputy Director of Medicaid in the State.   She must have EXCELLENT people skills.

[3] their email reads, with all the hallmarks of officialdom:

Thank you for submitting your complaint to the Health Care Bureau. Attached please find a copy for your records. Your assistance is vital to our efforts to serve the people of the State of New York.

The Attorney General takes seriously the legal issues of all New Yorkers, and every complaint to this office is carefully considered. Please be assured that we will thoroughly evaluate each of the issues you have raised, and determine if we, or any bureau within our office, can provide assistance. We may also share your submission with other local, state, or federal agencies, as appropriate.

We will contact you if we require any additional information. Please do not submit follow-up inquiries through the complaint form, which is for new submissions only. If contacting our office regarding this submission, please refer to Intake #1-129605382. Inquiries may be made by phone at (800) 771-7755, or by email.

Republican Senators Admit Democrats proved their case against the President

But, of course, it’s purely academic now, the vote is in, there will be no actual trial in the Senate and the blameless, or blameworthy, president will be acquitted in this partisan witch hunt too [1].   The Republican position, unified as never before in our nation’s history along a hard “party line” — the president’s defense, come what may — is that a president like Mr. Trump may abuse his enormous powers and repeatedly obstruct the lawful actions of Congress to check and balance this abuse — and these are simply not impeachable offenses, as the demented argument of Alan Dershowitz contends.  

Think about his argument out of the context of the impeachment of a president accused of abuse of power: why would anyone concerned with justice ever try to prevent abuse of power?   It’s just abuse, which is only an actual crime in certain carefully enumerated circumstances.  It’s not like he was kicking a dog in a state that has specific laws against it!

The founding fathers who apparently believed that the will of 51% majority should be the final word on any democratic question, were not concerned, we are told by the president’s most famous lawyer, that a president could abuse his powers if unchecked by Congress and the Courts.   The balancing of the powers of one branch of our government against the overreach of another branch is not what “checks and balances” was intended to enforce, not at all.  There were debates during the drafting of the Constitution about the grounds for presidential impeachment at the time, notes of these debates are available. “Maladministration” was not approved as grounds for impeachment, if the president runs his administration like an inept, even corrupt, fool the remedy is for the People (by their electors in the Electoral College) to vote him out and elect a better one four years later– no harm, no foul.  

Watch this next legalistic sleight of hand carefully, you may have to read it twice to catch the subtle trick.  The same, Dershowitz insists, is true of “misconduct in office” — he claims the Founding Fathers swept this aside as a synonym for “maladministration” and “abuse of power”.   That abuse of power was part of Nixon and Clinton’s impeachments only proves that the smartest lawyers, even Dershowitz himself, at the time, were not smart enough to see through this clearly unconstitutional partisan canard until now. 

79 year-old Senator Lamar Alexander of Tennessee, poised to retire (and who announced his decision to vote with his party for no witnesses and no evidence at trial), issued this statement:

“I worked with other senators to make sure that we have the right to ask for more documents and witnesses, but there is no need for more evidence to prove something that has already been proven and that does not meet the United States Constitution’s high bar for an impeachable offense. …The Constitution does not give the Senate the power to remove the president from office and ban him from this year’s ballot simply for actions that are inappropriate. 

“The question then is not whether the president did it, but whether the United States Senate or the American people should decide what to do about what he did. I believe that the Constitution provides that the people should make that decision in the presidential election that begins in Iowa on Monday. …Our founding documents provide for duly elected presidents who serve with ‘the consent of the governed,’ not at the pleasure of the United States Congress. Let the people decide.” – Senator Lamar Alexander 

In plain words:  he did it, it was bad, they proved it.   I still love the guy, I mean, not personally, but what he represents for my worldview and my retirement.  It would be a shame to let him get publicly embarrassed by even more evidence and testimony that could only show more dramatically how he is constantly lying about the inappropriate things he did and continues to do, and is now explicitly permitted to do.

Alexander, unsurprisingly, supports the leader of his party for re-election in 2020.

Much more to the ominous point was the statement of Florida Senator  and one of Trump’s rivals for the Republican nomination in 2016, Marco Rubio (Little Marco). Little Marco wrapped his idealistic conclusions in a long, twisting legal-style argument, available at the link above (if you have the stomach for it), the gist being:

“Just because actions meet a standard of impeachment does not mean it is in the best interest of the country to remove a President from office. …
“… I will not vote to remove the President because doing so would inflict extraordinary and potentially irreparable damage to our already divided nation.”

The first statement translates:  just because the evidence shows somebody is guilty of committing a high crime, punishment is not always called for.  A preemptive, under-the-table pardon is sometimes better for the interests of the 51-49 majority and the higher interests they serve.

Allow me to provide a direct translation of that second part, which is much more troubling than even that first bit:

The president has the undying loyalty of a solid 40% of America, this number never changes much, no matter what.  Many of his supporters are very angry, and rightfully so, having been repeatedly screwed by the system.  Many have a lot of guns.   Most are enraged about the ongoing baseless witch hunts that have constantly tried to damage their hero, since the day he exercised his uncontested right to fire James Comey, the traitorous FBI director who would not swear personal loyalty to the president.  Would not swear personal loyalty!!!   Trump’s fans are heavily armed and easily outraged, as shown at boisterous nightly campaign rallies. Impeaching and removing their champion from office could set off a bloodbath.   I am not ready to take responsibility for a second Civil War, on the eve of the sacred Superbowl.

A little taste of Mr. Rubio’s crack legal analysis:

I also reject the argument that unless we call new witnesses this is not a fair trial. They cannot argue that fairness demands we seek witnesses they did little to pursue.

Nevertheless, new witnesses that would testify to the truth of the allegations are not needed for my threshold analysis, which already assumed that all the allegations made are true.

This high bar I have set is not new for me. In 2014, I rejected calls to pursue impeachment of President Obama, noting that he “has two years left in his term,” and, instead of pursuing impeachment, we should use existing tools at our disposal to “limit the amount of damage he’s doing to our economy and our national security.”

Screen shot 2020-02-02 at 4.34.30 AM.pngThis unified, if not 100% laudable or defendable, party line behind the president brings to mind the old Führerprinzip, the ruling philosophy of the Thousand Year Reich: the leader is always right, even when he’s shown to be completely wrong. Especially in the face of such TREASON!

Nothing to worry about here in America, though, we ain’t fucking Nazis, we’re the world’s greatest democracy.  Kick back and enjoy the Superbowl, you’ve earned it, y’all. 

 

[1] And, fuck me in the eye, it was literally by a vote of 51-49 suck it!