Monday, September 16, 2019

The Devil Is In The Details

Rachel Maddow opened her show last night with a segment that dealt with the court hearing involving Deutsche Bank desperately trying not to have to disclose publicly whether or not Trump’s tax returns, whether personal or business, were some of the documents they would be forced to turn over if the House subpoenas are upheld in court. But as potentially salivating as that prospect was, Rachel said something that made me drool even more. The case that she is referencing is currently in the U.S. Circuit Court of Appeals, the lower court having already ruled in favor of the House. Appellate courts run a wee differently than a regular district court. In an appellate proceeding, there is not a single judge, there is actually a three judge panel that hears the case, and then renders a majority decision, as in the Supreme Court. But the appellate circuit actually consists of nine judges, three of whom are chosen by process to hear an individual case. And that’s important. Because, normally when the appellate court issues a ruling, the loser actually has two choices. They can choose either to appeal the ruling to the U.S. Supreme Court, or they can appeal to have the ruling reviewed by the entire nine judge panel, and a new, superseding ruling issued. If they lose that ruling too, they are of course free to appeal to the SCOTUS. In her segment last night, when describing the proceeding as she played audio from the hearing, at one point Rachel described the defense attorney from Deutsche Bank as arguing in front of an entire panel of appellate judges. But as far as I can determine, this is the first hearing in front of the appeals court on this case. This is critical. because if it’s true, then at least this appellate court is taking active steps to stop the defense from using obstructionist tactics in their court. If a three judge panel heard this appeal, and ruled in favor of the House, the defense would have the option of asking for a full appellate panel ruing on the case. This could literally take months before a final ruling is issued, and the loser appealing to the Supreme Court. If this appellate court decided to immediately hear the case in front of the entire nine judge panel, then it is clear that they prefer a speedy resolution to this matter, when the calendar is already running on impeachment. Of course, each court is free to choose its own method of hearing their cases. But several lower district courts have already expedited their hearings and rulings on House suits, and regardless of the size of the panel, this appearance appears to have been accelerated as well. It would appear as if maybe Trump’s ceaseless criticism of the court system as an excuse for his piss poor ability to craft executive orders may finally be coming home to roost. What the Supreme Court would rule on any of these issues is of course, still an open question. but I have a strong feeling that Chief Justice John Roberts will use every trick in his toolbox to ensure that the court declines to hear the case if the House wins, and allows the lower court ruling to stand. Not necessarily because of “Brewski” Brett Kavanaugh, but more because I don’t think that Roberts himself […]
@RepAlGreen / Twitter al green...

Pass. Al. Green’s. Bill…And Impeach Trump. NOW!

As pompous of an ass as I can be on occasion, there are a few simple rules I try really hard to follow, And one of those bedrock rules is to never try to tell a political savant like Nancy Pelosi how to do her job. But being human, sometimes I give in to my weaknesses, and this is one of those times. Speaker Pelosi, I beg you. Call the House back into session. Give them a week or so to get their shit together, but do it soon. Do it for yourself. Do it for your party. And most importantly, do it for your country. It doesn’t have to take long. Yo’re only going to be there for one reason. To take the bill that Representative Al Green proposed from the floor a couple of weeks ago, after Robert Mueller’s testimony, off of the table, and move it to the floor of the House for debate and a vote. You remember, the one that was a stand-alone article of impeachment? The only solace that we can take from tragedies like we have endured in this country in the last 36 hours is when something positive comes from it. An that’s how it can be this time. Al Green proposed a single article of impeachment based on President Donald J. Trump’s dereliction of duty, and his abandonment of his sworn constitutional oath by using overt racism to attempt to divide the country he was duly dispatched to lead. The Democratic base is hungry for impeachment of this abusive, petulant man child. Hell, they’re starving for it. But there has always been a problem with impeachment. Conspiracy/”Collusion” was always too theoretical, ephemeral, and cloudy to make stick, and it relied on the dreaded word “intent.” Obstruction of justice was guaranteed to fail in the Senate, and they could even paint it as desperate sour grapes of Democrats pissed at losing an election But not anymore. Not this time, and with this subject. If there’s one thing that damn near everybody in this country hates, it’s racism. Hell, up until Trump, even racists pretended to not be racists, to avoid the social ostracism. But today these mental mutants are marching free and proud under their banner, because their President of the United States told them, both in words as well as action, that it was fine for them to do so. Sweet Jesus Speaker Pelosi, how many examples do you need? Charlottesville has become a centerpiece of Joe Biden’s election campaign, and the filthiest word in the GOP vocabulary. The Pittsburgh synagogue shooter targeted Jews because of their work in assisting refugees to this country, the very people Trump vilifies almost daily. The van of the Florida mail bomber was a freakin’ montage shrine to Trump, and he targeted people specifically because they were “enemies” of the President. It was reported that yesterday’s El Paso shooter used words like “infestation” and “invasion” in his sick screed to describe immigrants and refugees. And it’s not solely contained to our own country. The New Zealand shooter damn near wrote a love sonnet to Trump in his racist meanderings! Make no mistake about it Madame Speaker. This. Is. Your. Time. And. This. Is. Your. Issue. This country will rally against racism like they will rally behind no other issue. Even allegedly sane […]
CBC News / YouTube Does Robert Mueller have the goods...

Learn the lesson, Democrats

In war, two mistakes are not permitted   Russian proverb Well, as Maureen McGovern once sang, “There’s got to be a morning after,” and for Democrats, the morning after Mueller is here. Fortunately, it’s not the morning after in an apocalyptic movie, where the dazed survivors stand on the roof of the mall, staring out at the smoking wasteland surrounding them. But it’s also not the morning after in a Chris Columbus movie either, where the kids jump up and down on mom and dad’s bed, and everybody laughs their way downstairs for breakfast. Robert Mueller was not monumental, but he was an effective tool when used properly. The intelligence committee was better, for a couple of reasons. First, with Mueller as a more than willing guide, they reintroduced, for the first time, America to the absurdity that there was “no collusion” between the Trump campaign and Russia. The seemingly endless litany of Trump campaign cronies, including the head cheese himself, who strove to gain financially from their ties between Russia and the campaign was jarring, mainly because Mueller could tie the evidence together in a linear package. Mueller also stated, for the first time for most viewers, that inconclusive evidence for an indictment didn’t mean  evidence, and that some evidence was unavailable, and people lied to cover other evidence up. The intelligence committee put Russian interference, and the Trump campaign’s gleeful acceptance of it, back on the map again. While a little rockier and schlockier than Intelligence, the Judiciary committee also got what they wanted. Although Mueller would not read from the report himself, they nonetheless got the majority of the pertinent information on the five strongest cases of obstruction out over the air, by reading it themselves, and allowing Mueller to confirm the authenticity. They also bookmarked Mueller effectively to the detriment of the GOP members. By thanking Mueller for his service, and highlighting his heroism in combat, and public service, they made the GOP members look like shits for throwing shit at Mueller, and by ending every round of questioning with “If anyone but the President did this, he would have been indicted,” they drove home the chasm between Michael Cohen and Donald Trump. The old saying is that “The third time is the charm,” and for the Democrats dreams of impeachment, I hope that’s true. because DAYUMN! have they wasted a lot of time! The Democrats strategic error was placing all of their hopes in the devastating impact of the Mueller report, an event which Tubby the Ewok circumvented with his base treachery. Once witnesses had testified to Mueller, there was no reason not to call them to testify to congress, especially since the administration would have been hard pressed to deny them to congress if they were letting them testify to Mueller. Now they need to play catch up, and against administration obstruction. It can be done, but the Democrats need to be fast, and they need to be effective. The Mueller hearing generated some buzz, but congress is going to adjourn for their summer recess next week The Democrats can’t afford to waste that time, they must use it to be filing and fighting their subpoenas in court, so that witnesses like McGahn, Donaldson, and Lewandowski can be brought in as early as possible once the recess is over. Strangely […]

Laurence Tribe Says The Senate Isn’t Needed For A Successful Impeachment Hearing

Constitutional law expert Laurence Tribe says that Nancy Pelosi is unclear about what the constitution says about impeachment and need not worry about the “stonewall” of Mitch McConnell and the Republican-controlled Senate, who continue to “shirk their duty.” Listen to this 1:36 clip. This is educational. .@tribelaw says House Democrats don't need the Senate to reach a conclusion on impeachment. #ctl #p2 #amjoy pic.twitter.com/xJc8culuS5 — PoliticusUSA (@politicususa) June 8, 2019 “His forehead would be stamped with the Scarlet ‘I’. He would bear the mark of Cain when he goes into the election. I think it’s a silly prospect to say that he would be strengthened and he could claim vindication. He could always claim vindication. That’s his style.” That’s true enough. Trump is the man, after all, who teed up by Bill Barr, concluded that the Mueller report fully exonerated him when it did the opposite. Impeachment may be the only way to deal with this menace. First it was Trump can't win.Then the Electors will stop him.Then the GOP will.Then the #MuellerReport will.Then the unredacted Mueller report will.Then Mueller speaking will.Then Mueller testifying will.Then SDNY will. Let's stop waiting for a savior and #ImpeachTrumpNOW — Lindsey Boylan (@LindseyBoylan) July 19, 2019 I understand Pelosi’s hesitation and I agree with her political instincts about Trump becoming empowered. Tribe says that Trump would “bear the mark of Cain.” In any normal political process, that would absolutely constitute a handicap. However, in this no holds barred slug fest that the election is shaping up to be, it is possible that the more fuel that is thrown Trump’s way, the more he’ll make himself the martyr and dominate the news. That is probably Pelosi’s thinking. But bear in mind what Tribe said about the American people not being as stupid as he thinks. Televised impeachment hearings, where all the facts are aired and Fox News is limited in its spin, might be exactly what we need to effect a political cleanse of this toxic administration. This is worth considering. What say you all?
Bloomberg / YouTube Why Robert Mueller Is the Perfect...

After Mueller Time, will there be a hangover?

It’s funny when you think about it. The Democrats, and especially NBC/MSNBC have spent most of the last two months bombarding viewers with teasers about two action packed nights of 20 Democratic candidates, side-by-side, ten each night, spending two hours a night in the political version of America’s Got Talent.And all it takes is one guy who […]
PBS NewsHour / YouTube What Robert Mueller brings to the...

The Money Shot

Now this is not the end. This is not the beginning of the end. This is the end of the beginning.   Winston Churchill No Winnie, actually this is the beginning of the end. One way or the other. July 17, 2019. 9:00 AM sharp. Be there or be square. Robert Mueller started it, and now, 26 months […]

About that Trump “dam?” The White House is starting to look like Johnstown.

When things go good, they go very, very good, but when they go bad, they go horrid   Traditional Well, well, well. It took the Democrats a while, but they’ve finally figured it out. Trump’s nonstop claims of “executive privilege” have stymied congressional attempts to obtain any information at all regarding the multiple investigations and hearings into everything […]
Latest News / YouTube Hope Hicks may be returning to...

The Dam Has Broken Part II

A journey of a thousand miles begins with a single step   Chinese proverb Everywhere is walking distance if you have the time   Steven Wright The old saying goes, “Ah, it seems like only yesterday,” but in this case it really freakin’ almost was! It was only a couple of days ago that I penned an article […]
Guardian News / YouTube Five times Donald Trump refused to...

The shifting of the sands

We vote. Sometimes we vote for a face, sometimes we vote for a principal, sometimes we vote for a particular plan or message, And sometimes we vote simply because our family has always voted. So we line up in a smelly high school gym, make a bunch of “X” marks, or punch a bunch of holes. […]

See the Ad Republicans for the Rule of Law Will Air on Fox...

(Above – Not in the ad but should be…) Lordy, Republicans for the Rule of Law are going to ruin drumpf’s TV Viewing… The Hill The conservative group, Republicans for the Rule of Law (RRL) has developed an ad urging for politicians to stand up to the president. The group also plans on hitting Trump where it […]

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