Saturday, February 15, 2020

Is ANY successful Prosecution of Domestic Spying on Trump possible in Washington, D.C.?

The recent DOJ (Department of Justice) announcement that it had closed without prosecution the investigation into ex-DOJ employee A. McCabe triggered (you'll excuse the term) public scrutiny and thoughts on when, if ever, there would be prosecutions stemming from the apparent (& in some cases, admitted) over-reach of our intelligence agencies in spying on citizens and on those in the Trump election campaign.  Such spying is explicitly illegal unless a FISA warrant is first obtained.

McCabe has admitted in involvement in leaking confidential material to the "Press."  Such actions are a violation of law.

Years earlier Sec.State Clinton kept a private unsecured email server which was used on multiple occasions for keeping and transmitting classified material & documents.  She claimed not to know the material was classified, and also claimed she had no intent to break the law.  The applicable law does not require either intent or knowledge of the classified nature of material held or transmitted.

In both of these cases there was admitted and demonstrable violation of law with significant penalties attaching.

In both of these cases (and there are many others that could have been added if numbers were the goal) no prosecution was brought.

Those not favoring the actions of Ms. Clinton & Mr. McCabe have suggested both collusion (a favored word today in America), and partisan abandonment of law enforcement obligations and oaths on the part of the DOJ as the reason(s) behind the failure to prosecute and punish admitted law-breaking.

Such bad-faith reticence is certainly a possible if not probable factor;  to hold anyone accountable, a prosecutor must bring charges, either on his(her) department's own initiative or on and indictment brought by a Grand Jury.  The recent ascendancy to the position of Attorney General of the United States by Mr. Barr was seen by many as the needed antidote to the dedicated practice of not bringing charges for political spying.  Yet...the recent decision to not prosecute Mr. McCabe after a two year investigation seems to pour cold water on expectations of renewed law enforcement.

Whispers currently heard in Washington suggest that a "fail-safe" secondary level of protection of the Deep State and its members exists that has remained little considered, investigated and/or received the publicity it deserves.

FACT: to convict, there must be a conviction by PEOPLE!  They sit on the Grand Jury if the case is prosecuted on an indictment, and in any trial, on the jury impaneled for that specific purpose.  The people eligible for a Grand Jury are residents of the place where the Prosecutor is investigating possible crimes.  In a Jury trial, the members of the Jury are residents of the town or county where the trial is being held.  In cases where consideration is of law breading by employees of the Federal Government at the highest levels, that place is Washington, D.C., and its immediate surrounding environs (eastern Virginia, Maryland, etc).

The single most ubiquitous employer in this area is the Federal Government.  Is it reasonable...or even possible...to conceive of the ability to impanel a Grand Jury and/or Jury where the members did NOT have (in descending order) a relative, spouse, close friend, neighbor or employer that was employed in some direct or indirect way by the Federal Government?  And, despite protestations, does anyone seriously believe that they will chance loss of regard, friendships and club memberships by not protecting the common employer and "friend," the Federal Government by voting to convict any Federal employee or associate of simply protecting themselves and all beltway residents from unwarranted attacks by "outsiders?"

Contrary to the Media claims of attacks FROM President Trump, I'd suggest that should President Trump while in attendance is a meeting on a high floor of any building in Washington, D. C., with FBI, CIA, and members of Congress and suddenly fall to his death, the unanimous testimony would be that Mr. Trump stabbed himself 15 times in his back with a carving knife, then broke a window and threw himself to his death and a clear case of suicide.  And the matter would be closed without prosecution of any sort.

And the matter would likely be reported in the papers on the bottom of page 22, and receive a one line mention on the evening news, and not at all in the Congressional Record.

It is NOT possible to successfully prosecute any member of the Deep State for any law-breaking that the Deep State sees as simply protecting itself from "out of towners" that want to both reveal and stop the self-serving practices of centuries in Washington.

The only way to change that is to change the venue.  Move the Grand Jury process to a place like West Virginia...or, better yet, Texas.  And hold the jury trial there also.

Of course to do that, a Judge would have to approve the reason for, as well as the choice of, such an action.  And that brings up still another un-investigated element standing in the way of enabling objective law-enforcement:  the Federal Judiciary.

But that is a subject for another day.

Sunday, February 2, 2020

What makes President Trump the focus of such hatred?

President Trump is hated by those who disagree with him.  It is a visceral hatred, and extends to those who support him.  In the last seventy (70) years no other President has been the target of such violent hatred, vocal disrespect, and harassment.  The harassment has been public ( directed at those who work in his administration), private ( mob confrontation at the homes of those who support and work for him), and in Congress (through the contrived and partisan investigation(s) and impeachment actions).  What makes President Trump a target of such intense, virulent, physical attacks?

Is it his performance in office?  Considering that prominent Leftists were calling for his impeachment even as he was taking the oath of office, that doesn't seem likely.  And since taking office, he has actually kept more of his campaign promises in just three (3) years than all the Presidents combined from FDR up to an including Obama.  So his performance cannot be the added element.

Can it be because he came to office as an"outsider," with no political background.  That also seems to fail upon examination and reflection.  We have had Presidents that came to office with no, or insignificant, political experience; Presidents Eisenhower and Obama come to mind.

How about getting along with people?  Could his combativeness in speech and "tweets" be the cause?  Not since Grant and Roosevelt (Teddy) have we had a President that was so ready to do battle with opponents and the "Press" (whatever "press" stands for these days...but that is a subject for another day).  But while that is mentioned often by his opponents, those opponents are themselves just as guilty of extreme language, so that also seems lacking as an explanation.

Is this "hatred" simply a symptom of American Society's slow but inexorable slide toward "un" civilization, loosing dedication to civil behavior in the striving to eliminate all who disagree with us?  Well, I'd suggest that this may be "partly" to blame, but it doesn't really account for the quantum leap between the treatment and attitude toward President Trump  and that of President Obama.  Both were intensely disliked by those who opposed them, yet there was no outcry in public of general disrespect,and in particular not public harassment or hatred, of President Obama...yet it immediately surfaced toward President Trump even before he took office.  So...why?  Why indeed!

Perhaps it is the "Left" versus "Right" political ideology?  With the accelerated slide to the Left of the Democrat Party, has the gap grown so large that neither can abide by even the existence of the opposite point of view?  A careful analysis suggests that that doesn't hold a hope of an explanation; the "Right" has been sliding Left also, so the gap hasn't grown appreciably...although some small numbers of Republicans speak up in opposition from time to time, but with no significant effect.

Considering that Presidents have limited shelf lives (after all almost anything and everything can survive and carry on for a maximum of eight (8) years and come back) the extreme hatred seems to maintain its mystery.  All Presidents have lied, so the accusation of not telling the truth is neither unusual nor the lying (when it occurs) seem to mark a deviation from the actions of other Presidents.

What is it that makes President Trump, and his administration, different?  I suggest two (2) primary factors.

President Trump is the first President in at least the last seventy (70) years to come to office and to Washington, D.C., having neither desire to join the Washington Political "old boysl' (now "girls" also) club" nor respect for the "go along to get along" practices that have built up in Washington over the last two hundred and fifty (250+) plus years.  Certainly others have been elected as outsiders, campaigning strongly on disrespect for and derision of the "Washington Establishment," but upon arrival went to bent knee and swore secret allegiance to the God of "Government" as the only true constituent they served.  President Trump was the "Mr. Smith" in "Mr. Smith goes to Washington" with the exception that President Trump was not and remains not naive about just what sort of corrupt operation that the Federal Government has become.  He was NOT concerned with making small improvements; he was and remains intent on bringing to the surface and rooting out the corrupt practices that have become ingrained in the Federal Government over the years.  He STILL represents those who elected him...NOT the elected and appointed officials who surround him.

That puts fear into the hearts of those who feel threatened.  And that in cludes those who exist outside of Washington who have benefited because of who and what they know, rather that because of what they have earned or deserve.  And FEAR GIVES RISE TO HATRED!

The developing discovery of the use of our FBI and Intelligence services to aid in political campaigns, the failure of the FISA court(s) to deliver on promises to protect our Constitutional Freedoms, the lies perpetrated by elected members of Congress to hide malfeasance and misfeasance are all signs of illegality that would arguably never have poked their ugly heads into public consciousness if President Trump had not been elected.  Those who are, as a result, at risk are, in order of progression: concerned, fearful, desperate, and full of active, actionable hatred.

For myself, any expression of this hatred is reason to believe that the person exhibiting it must be inappropriately benefiting from some Federal Program (or one that is funded by the Federal Government) and worthy of investigative questioning.

Beware of "haters,"  they have something at risk and something to hide.

The secondary reason for the vitriol is that those who lean Left politically have slowly been gaining power since President Reagan left office.  They became used to this gradual assertion of control and became convinced it was their divine right.  So enamored did they become that they ignored signs throughout the country that there was a growing annoyance turning into anger as they became aware that their elected officials were not only lying to them about their intentions in Washington, but ignoring them except for the short season for election campaigning.  The Left saw the election of Ms. Clinton as the final cap the signaled total power and control of the Federal Government.  President Trump's election was like an unexpected cold shower in a one room efficiency instead of the Wedding Suite at the Ritz-Carlton.

So surprise turned to fear, then to hate.  President Trump responded to Press attacks, so they felt fear...then hate.  And the Republicans in office felt rejection of their invitation to join the "Washington Insiders Club" and felt hear than a slightly less hate.  And all that have been getting "paid off" in various ways, as well as their lobbyists, felt fear...and then some level of hate.  All this is the source of the group known as the "NEVER TRUMPERS."

Disagree?  Tell me why...give specifics.