Tuesday, July 31, 2018

"Collusion"? "Conspiracy"? How about "Treason"?

[I'm still supposed to be resting my right arm and hand by not doing any typing, but I couldn't stay silent while such nonsense is afoot, i.e. Trump and Guiliani saying Trump didn't commit a crime because one term for it isn't in some of the penal code books. And at the same time hundreds of the lost children of Trump's "zero tolerance policy" remain lost.]

Hey, Trump and Rudy G, take it from this old law prof, under your beliefs such as  "collusion" not being a crime [Giuliani and Trump claim 'collusion isn't a crime'] "stealing" would  not be a crime either. Idiots and ill-educated that you are, you want the rest of your fellow citizens to believe Trump's possible wrong-doing can disappear just because some people have called it by a broad term — "collusion" — which isn't recognized legal lingo. In many jurisdictions, you can look up "stealing" and you won't find it analyzed as a crime either. Instead there will be the precise forms of stealing, e.g. misappropriation, robbery, fraud, etc.

Abraham Lincoln did an excellent job in one of his cases of explaining the crime of misappropriation. His analysis became the definitive one and established the action as a crime in its own right. "Stealing" just didn't do the job for this particular crime against property rights. Don't mistake me, however. I'm not saying that collusion and stealing are related; I'm merely pointing out that conversational terms for bad conduct aren't always adequate enough to be used as legal terms.

But, hey, Trump and Rudy, will it make you feel any better if we convict you, Mr. Trump, and your pals for "conspiracy" instead of "collusion"? No matter the term for betraying our country, we'll get you for it, and the correct terms will be used in your prosecution. 

Additionally we shall use the approriate term of "treason". 

Even now you are committing treason right in broad daylight and in front of everyone. And right in front of the TV cameras. You also did it in Helsinki. You are aiding and abetting our enemy Russia by refusing to protect us from Russia's electronic invasion into our elections. Russia Attacks America’s Election System. Trump Shrugs. This is a more damaging kind of attack than one wth guns and bombs because the Russians are blatantly trying to destroy our election system and thereby destroy our democratic system of government.

You took an oath to protect us and our Constitution. You are flaunty that duty, instead insisting that our own intelligence services are wrong in their assessing Russia's invasion.  No one could reach your conclusion if they had read the recent American indictments of the thirteen Russian military officers. But that's just it, isn't it. You  didn't read the indictments, did you? Either from laziness or indifference, you "don't read things". You didn't read the meticulouly detailed accounts of how these Russian military officers invaded us. Those indictments spell out who did precisely what and when and where they did it. They are damning. And just today Facebook reports that the invasion has resumed. Facebook uncovers disinformation operation ahead of midterm elections


Ignoring the indictments and instead blathering on about some 400-pound man on a bed somewhere may be the failing of a man of little intellect who is congenitally unfit for any responsible office.  Or it may be a clever distraction, waving nonsense under the noses of an electorate already exhausted and baffled by your daily menu of nonsense and outrageousness. No matter that perhaps you can't help being an idiot. You are still sworn to protect this country. The soldier who falls asleep at his post intends no harm but nevertheless his dereliction is such as to constitute an offense for which he may be duly and lawfully executed. 

We may pity that poor soldier but we can never pity you for anything. Not after you have deliberately terrified those seeking sanctuary here by ripping their babies and toddlers from their arms and then losing the little ones in an unplanned system so that they may never be returned to their famlies. That cruelty of yours, combined with your dereliction of duty, not only make you unfit for office but makes it incumbent on us all to seek your removal from office and your appropriate punishment.

Sadly the law may grind a bit slowly in punishing you. So let us pray that the return of those children is speedier. And let us also pray that the patriots in our military and intelligence services take it on themselves to defeat the Russian attack even in the absence of their Commander in Chief. 

And let us fervently pray that the likes of you is never seen in our political life again.


Monday, July 16, 2018

Donald Trump Has Committed Treason

Some readers have asked me for my assessment now of the Donald Trump situation. Because of my broken arm I haven't been able to write this blog for quite a while. This pause has, however, given me the opportunty to take a longer look at Trump and his conduct.

This is my resulting conclusion at this point:

While virtually every commentator (*see footnote)  is fussed by Donald Trump's bratty behavior, ignorance and bullying, Trump's most important misconduct is being overlooked. Virtually no one dares say it but this fake president has committed treason and continues to do so. He will likely commit further treason this week in his private meeting with Russia's president Putin.

Two things this past week make this treason obvious. One is the detailed account by Special Prosecutor Robert Mueller in his indictment of twelve Russian agents who attacked our election process in 2016. By supplying precise dates and other evidence Mueller has made it possible to link Trump himself, as well as his staff and associates, to the Russian attack.  We now have a clear picture of Trump "aiding and abetting" a criminal act, which is itself a crime. In this case because he was, and still is, aiding and abetting an attack upon the United States, his crime is also treason as defined in Article III of the Constitution.

The second thing that happened this past week is that Trump did not cancel his "summit meeting" with Putin nor make any demands or invoke any punishments regarding the Russian attack so convincingly described in the Mueller indictments. He refused to take the details of the attack seriously. Either he is in collusion with Russia in the matter or is so criminally and stubbornly ignorant as to be in effect liable for deliberate and willful volation of his oath of office. Quite arguably such deliberate and willful violation of the oath by a president can constitute treason. He is, after all, ignoring an attack by an obvious enemy, an attack aimed at the very heart of our democracy, i.e. our elections.

My arm will heal soon, and I can then write about this topic in more detail. And get this straight: the topic is treason, which is a capital offense. It isn't enough any longer to talk impeachment, as other commentators are doing. At this time impeachment is too vague and too partisan. Treason is a clear-cut charge and one so serious that possibly the GOP members of Congress will suddenly stop protecting Trump and start thinking about saving their own skins.

Meantime, please work on voter registration and organizing a get-out-the vote drive for November's election. We need a functioning Congress now more than ever. You have the power to get us one.

* No sooner had I finished writing the above observations than I saw this Charles Blow column in the NY Times. Blow is one of my favorite writers so it is especially reassuring that he too sees what I do: Trump is commiting treason. Trump, Treasonous Traitor.  Also, my prediction has come true today that the GOP will back off from this latest treason by Trump. Even GOP Speaker of the House Paul Ryan todays disavows Trump's siding with Putin against our own intelligence service findings.