Why nobody does it better than Heather

Jerry Garcia is supposed to have said that you shouldn’t try to be the best at something a lot of people are doing. You should try to be the only one doing what you do. That describes Heather Cox Richardson, historian, writer and incomparable reporter.

She has the greatest gift for setting things in clear perspective, often with a historical analog, a haunting echo of the past, presenting the most consistently important contemporary reporting. Her May 7 account of American law’s current struggle to contain a brazen gang of determined maniacs cuts to the point, over and over.

It begins:


The past two days of former president Trump’s criminal trial for falsifying business records to hide a $130,000 payment to adult film actress Stephanie Clifford, also known as Stormy Daniels, to silence her before the 2016 election have been illuminating in different ways.

Yesterday, witnesses established that the paper trail of payments to Trump fixer Michael Cohen, who forwarded the money to Daniels, had been falsified. That paper trail included invoices, checks, and records. Witnesses also established that Trump micromanaged his finances, making it hard to believe he didn’t know about the scheme. 

That scheme looked like this: Former Trump Organization employee Jeffrey McConney said that Trump’s former financial chief Allen Weisselberg, who has gone to jail twice in two years for his participation in Trump’s financial schemes and is there now, told him to send money to Cohen. Cohen had paid Daniels $130,000 from a home equity loan in 2016 to buy her silence about a sexual encounter with Trump. Cohen received 11 checks totaling $420,000 in repayment, including enough money to cover the taxes he would have to pay for claiming the payments as income for legal services, and a bonus. 

Nine of those checks came from Trump’s personal bank account. His team sent the checks to him at the White House for his personal signature. 

A number of observers have suggested that the evidence presented through documents yesterday was not riveting, but historians would disagree. Exhibit 35 was Cohen’s bank statement, on which Weisselberg had written the numbers to reflect the higher payment necessary to cover Cohen’s tax bill for the money. Exhibit 36 was a sheet of paper on which McConney had recorded in his own hand how the payments to Cohen would work. The sheet of paper had the TRUMP logo on it. 

“It’s rare to see folks put the key to a criminal conspiracy in writing,” legal analyst Joyce White Vance wrote in Civil Discourse, “but here it is. It’s great evidence for the prosecution.” 

source

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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!

Have no negative feelings about anything

If you pack up several of your best recent drawings, address the envelope to a loved one, weigh it, put proper postage on it and walk two blocks,  haltingly with a cane, to mail it to the very house you walked from, have no feeling if it does not arrive twelve days later, or even if it never arrives.   You must not expect things like a government agency holding up its end of the contract it makes when it sells you postage stamps.  It is best always to have no expectation of anything so as not to be disappointed when the world appears to be an unredeemed series of utter shit shows.

Whatever you do, do not try to see your petty problem in any larger context.  There is only doom down the road that starts “I’ve mailed literally hundreds of letters in recent years, including to myself, and none ever took more than three or four days to arrive, what is different now?”  Where does this thought lead you?  To wonder why Biden has not yet removed the Trump megadonor UPS stock owning Postmaster who was appointed by Trump to destroy mail service in order to slow down receipt of mail-in ballots is a thought experiment you should not start.  It is a complicated issue, of course, since any one Nazi senator can block virtually any presidential appointment and Biden needs to appoint two members to the Postal board of governors before the manifestly corrupt Looey DeJoy can be removed from office and sent on his smirking, self-satisfied way.

Have no feelings about the idiotic sham of a solemn, long delayed Supreme Court proceeding to hear arguments establishing whether it is legally permissible for a sitting president, after losing an election, to lie to, whip up and unleash a violent armed mob to storm the Capitol and stop the certification of his electoral defeat. 

We hear a hypothetical about whether the sitting president may legally, and unaccountably, order the murder of the duly elected man who is about to replace him as president, and his running mate, and anyone next in line for the presidency, in order to stay in power after his legal term ends.

There is a universe, offers Trump’s attorney, in an excellent impression of the insane Robert Kennedy Jr., where this would be an official presidential act entitled to absolute immunity from prosecution.   Lets say, for example, that the president truly and honestly believes these people are evil vampires who drink the blood of innocent white Christian children.   After all, the brilliant, respected Alan Dershowitz made the arguably demented argument at one of Trump’s impeachment trials that if the president 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.

If you can’t walk more than a block without pain, a year after your knee replacement surgery, and the surgeon has no idea how to fix it, that doesn’t give you the right to feel sorry for yourself. Self-pity never helped anyone.

If your primary Care doctor is hard to reach, unresponsive, inconsistent, arbitrary, find a new doctor.  If the new doctor immediately proves hard to reach, unresponsive, etc., do not jump to any conclusions you might come to regret.

And so on, down the fucking endless list of reasons to ever feel sadness, anger, disgust, anything negative.  Be happy all the time, no matter what.  Isn’t that the best fucking advice you ever heard?  Rejoice, there is never a good reason for negativity!  

Our first tabloid ex-president

In a real sense, Trump is the first tabloid president, the first National Enquirer president — as well as the first “reality TV” game show host president. His pronouncements are as credible as any National Enquirer headline, they always are and always have been, and as full of truth.  He is bigger than life and more full of shit than any supermarket tabloid, more real than any reality TV set.

Now he is on criminal trial in an anarchist jurisdiction, where his vicious enemies will unfairly prosecute him in an attempt to prove that he is a liar, which he has never been because they are the liars, he has never lied. They lie, they always lie, because they’re evil. And wiseass Rosie O’Donnell will be smiling out of the other side of her ass when she ends up in one of his righteous outdoor detention camps.

Those are not the kind of camps rich kids go to, let’s just put it that way. If things go badly, I’ll probably see you there, if you’re not careful. 

What, me worry?