Friday, May 29, 2020

Flying Past 18,000 Lies and 100,000 Deaths



May 26

There is NO WAY (ZERO!) that Mail-In Ballots will be anything less than substantially fraudulent. Mail boxes will be robbed, ballots will be forged & even illegally printed out & fraudulently signed. The Governor of California is sending Ballots to millions of people, anyone.....

Get the facts about mail-in ballots



May 26

....living in the state, no matter who they are or how they got there, will get one. That will be followed up with professionals telling all of these people, many of whom have never even thought of voting before, how, and for whom, to vote. This will be a Rigged Election. No way!

Get the facts about mail-in ballots
I think our nation began its love affair with exceptional legal complexity with the Industrial Revolution, ramping up in the early 20th century with the complexities of a rising federal income tax code and exploding in reaction to the Great Depression beginning in 1929. Though presidents are sworn to protect the Constitution and the laws of the United States, the vast body of statutes and regulations would fill stacks of books in a substantial library – even without the court cases filed that interpret it all. It is impossible to know even a fraction of that collection of rules.

I used to believe that a president didn’t need to be a lawyer to hold that job, but unless a non-lawyer were willing to take some time to learn more than a few basics, I am beginning to believe that legal training is a prerequisite for anyone running for the highest office in the land. Of our 45 US presidents, 26 have been attorneys. Taking the Great Depression as a line of demarcation into modern legal complexity, the presidents who were not lawyers from FDR (a lawyer) on were: Harry Truman, Dwight Eisenhower, John F Kennedy, Lyndon Johnson, Ronald Reagan, George W Bush and Donald Trump. The non-lawyers prior to W all had substantial familiarity with governance and statutory compliance, even if they were not lawyers.

What should delineate a lawyer from a layman, based on legal education and bar admission, is a commitment to and an admiration for the legal system that elected them and the constitutional guarantees that support the democracy. I have often criticized an almost-impossible-to-amend constitution, written in an era when 94% of the nation were farmers and available weapons ranged from flintlocks to crude canons, but at the core of my criticisms is a firm belief that democracy crumbles and dies without a strong and impervious constitutional structure dedicated to protect individual and society’s rights. In our case, it is a mixture of majority rule with a strong body of protections for individual and minorities against total domination by the majority.

One of the most interesting features of the US Presidency is the leeway accorded the President, both under the Constitution and through Congressional mandates, to issue executive orders. While some carry the weight of law, they cannot overrule either the Constitution or statutes to the contrary, and they are always subject to judicial scrutiny. Franklin Delano Roosevelt (the longest serving president before term limits were imposed; 1933-1945) had to cope with the double whammy of recovering from the Great Depression and World War II. His 3,721 executive orders, the most of any president, carried failed attempts to stack the US Supreme Court and dilute its powers to review his actions, particularly as the Court repeatedly limited significant portions of this New Deal recovery efforts.

Despite Trump administration claims to the contrary, at 277 executive orders, Barack Obama issued fewer executive orders than any two-term president since Grover Cleveland. But the issue isn’t the number of executive orders; it’s their scope and intent. Both FDR and Donald Trump tended to tilt against constitutional and statutory precedents, FDR because he faced a massive hemorrhage of the economy and a horrific global conflict and Donald Trump because he was dedicated to reshaping the entire system of governance (“drain the swamp”) and undoing virtually the entirety of the Obama legacy.

So what happens when an individual with no legal training and zero prior experience in any elected or official governmental capacity, particularly one with a checkered past vis-à-vis the law (tax and bankruptcy failings, thousands of law suits, and numerous run-ins with local ordinances and financial regulations), a CEO of a privately-held series of companies who never faced the legal restraints imposed on publicly-traded companies, is elected president? One with passionate anti-government followers and one who believes that any interference with his policies is both unpatriotic (perhaps even treasonous) and illegal? Add that an impeachment attempt, to rein in his wanton use of presidential power, was squashed without even a trial by a Senate dominated by his lock-step GOP supporters. You get a president who believes he has unlimited power.

Notions of a “loyal opposition” or the checks and balances of a free press under the First Amendment do not fit within the Trumpian vision of governance. Most of the mainstream “press” is vilified as an “enemy” of the people, even as Trump’s attempt to exclude certain members of the press from White House access have been repeatedly reversed by the courts. Statutes on immigration, Congressional limits on how appropriations must be spent, whistleblower laws, as well as statutes on financial and environmental mandates and absolute constitutional prohibitions are viewed as unconscionable blocks to what Donald Trump has sworn to do.

Just listening to the President detail his objections and introduce his intentions to issue orders in defiance of those statutes and constitutional provisions, with the full support of his fully politicized Attorney General, you come to the irretrievable conclusion that (a) Trump (and most of his appointees) either do not know what those provisions are, or if they do know, they have no respect for their mandates, constitutional or otherwise and (b) will act in contravention of that body of law anyway, forcing courts into a rolling and exceptionally wasteful pattern of review and rejection. Simply, private CEO Donald Trump, never ever having had any check or balances imposed on his corporate leadership, believes that the mere fact that he was elected gives him the right not just to be above the law, but to be the law.

Even more extreme is the President’s position, now before the Supreme Court, that he cannot even be investigated while in office, even if he were to commit murder in front of many witnesses: “[The] president's lawyers argued in the U.S. Court of Appeals for the 2nd Circuit in Trump v. Vance, the thesis that a sitting president cannot be investigated would mean that Trump could literally shoot someone on Fifth Avenue, and police and federal investigators would be powerless to do anything about it.

“That is not just a metaphor. As the president's lawyers made clear in their arguments in the 2nd Circuit, the theory of ‘temporary absolute immunity’ means that for the four or eight years Trump is president, ordinary law enforcement measures against him would be entirely suspended. There could be 50 witnesses to the shooting, and not only would the police be barred from arresting or even stopping the president from his murderous spree. They could not even call the eyewitnesses in for questioning, as the president would have the right to block any such subpoena and insist that the witness not appear. According to Jay Sekulow, one of the president's lawyers, even requiring witnesses to testify would constitute "presidential harassment" that would interfere with the ability of Trump to do his job…

“The nub of the president's argument is that Article II of the Constitution gives him ‘temporary absolute immunity’ until he leaves office. Worse, Trump thinks it extends immunity to anyone who holds his private records, even third parties who did not take part in the potential wrongdoing under investigation. His argument is that Article II temporarily places a sitting president personally beyond the reach of ordinary judicial processes, whether civil or criminal, and that it does this in order to protect the president's ability to govern without harassment.” Newsweek, May 15th.

Trump’s utter disdain for the free speech and free press provisions of the First Amendment is anything but subtle. As social media is flooded with deep fake videos, utterly unproven conspiracy theories, Russian bots spreading pro-Trump falsehoods, Trump has reveled in his ability to say absolutely anything without the slightest regard for the facts (part of his 18,000 presidential fact-checked lies to date and counting) and accuse anyone who opposes him with blatantly false narratives. His social media tool of choice, Twitter, has until recently published his factually fabricated tweets without comment or objection. Until May 26th.

Twitter added a little  message to Trump’s May 26th tweets (reproduced above), suggesting that readers follow that information icon to a more truthful and contradictory body of proof that there is little or no basis to believe that vote-by-mail has any meaningful level of fraud. Trump was outraged. At first, he threatened to take the entirety of Twitter down. Forget the First Amendment, Emperor Donald. Then, based on some obvious legal advice that still is unlikely to withstand judicial scrutiny, he opted for a different tact: “President Donald Trump, triggered after Twitter applied fact-checking labels to two of his inaccurate tweets, will order U.S. regulators to reexamine a law that shields social-media companies from liability for content posted on their services, according to media reports.

“The White House’s proposal would seek to curb protections afforded to internet companies under Section 230 of the 1996 Communications Decency Act. According to the law, ‘No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.’ That lets companies like Facebook, YouTube and Twitter moderate content on their services as they see fit, while protecting them from lawsuits over content shared on them.

“Trump’s order seeks to empower federal regulators to reinterpret Section 230, to examine whether content moderation policies of companies like Facebook and Twitter engage in ‘selective censoring’ that would be grounds to remove their legal protections…” Variety.com, May 28th. Trump signed that executive order on May 28th.

The next day, in response to the violent protests in Minnesota against the death of an African American who suffocated while being arrested, Donald Trump release the bottom tweet above, to which Twitter added the above admonition against Twitter’s policy against “glorifying violence.” War had been declared between the President’s favorite platform to reach his base… and the President. Aside from the serious constitutional questions, many asked if the President could even live with the very rules he proposed.

In the end, we have a rogue president with a substantial and probably well-armed constituency that is locked in support of virtually everything Trump chooses to do (with rather dramatic support from Republicans in Congress)… assaulting the Constitution, flaunting total disregard for statutes he dislikes – all during a pandemic that fosters consolidated power – threatening to decimate the very democracy that elected him.

            I’m Peter Dekom, and while some erroneously believe that our system of government is strong enough to endure this assault on its bedrock principles, history is replete with the ashes of nations that also made that assumption.

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