Roe v. Wade Was a Conservative Decision

The Republicans are poised to reverse Roe v. Wade! How can you be so cavalier about this?”

A question I posed to myself in 2006

My response in 2006 went something like “Republicans have no intention of reversing Roe v. Wade. They would be fools if they did reverse it. I’m beginning to suspect that I overestimated their intelligence on this particular subject. There has been a veritable deluge of attempts to overturn Roe v. Wade in the last decade, not to mention the war that conservatives are waging on Planned Parenthood in the mistaken belief that Planned Parenthood is where all abortions occur in the US.

TwitterTrumpconlaw #26

As the writing appears on the wall in this final gasp of American conservatism, the soon to be disempowered Republican party continues to slice parts of itself off in an orgy of self-congratulation. It seems that throwing all their morals out the window and voting for a confirmed con-artist, philanderer and pathological liar requires them to double down on those demonstrably debunked claims to a moral high ground. They are convinced that if they only pass one more law they’ll finally be able to get rid of the medical procedure, abortion, by overturning Roe. They also seem to think that they’ll stop women from using birth control or morning after pills, but I personally think that they should stop while they are ahead.

You see, Roe was already a conservative decision based on science and the law back when it was decided in 1973. It was and is conservative because it represented a partial step towards granting women the same bodily autonomy that men enjoy, before there was a detectable change in the woman’s body, while protecting the state’s interest in making sure that the maximal number of new citizens is born to each new generation of women.

Access to healthcare is a woman’s right. There really isn’t any question about this because access to healthcare, a combined investment by the society at large as well as individuals caught up in the various healthcare systems across the globe, is every human’s right. This right is established through the fact that each person born came from someone who in some way contributed to the current status of medical knowledge and the existing medical infrastructure. People come from somewhere, and that somewhere is from other people. People created the healthcare system over generations, this grants later generations access to the combined knowledge of their forebears on an equal basis. An equality that is currently being denied to most people living today, but that observation is a digression from the specific point I’m trying to make with this article.

Abortion is a medical procedure, no if’s and’s or but’s about it. As a medical procedure, abortion should be available to anyone who wants one, end of story. Or rather; it would be the end of the story if men had to carry the next generation in their bodies in the same way women do. But that isn’t how nature set procreation up. Nature put the bearing of young on women’s backs, not the men’s. This left the women at home while the men formed hunting parties. It left them at home caring for children while the men created the first governments. It left the women at home changing and washing diapers while men learned professions and took jobs outside the house. And so men vy for access to women’s reproductive organs by violence if necessary, and then try to keep their unwanted progyny in the woman’s body by force of law since they, the men, set up that law through their control of government.

No one expects men to reveal whether they’ve had a vasectomy. No one wants to hold men accountable for wasting potential life every time they masturbate (no one who is sane does, anyway) their privacy is respected, even when it comes to making decisions about whether they will have children or not. This is not true of women.

Women’s health is fraught with demands to know things about their physical being that a man would never, ever, put up with. “She’s on the rag.” “You look fat.” “your tits are too small.” “When are you due?” the intrusions into their personal privacy defy any attempt at comparison to the way men are treated in public. The next time a man loses his shit in public, ask him if he’s played with himself recently. Go ahead, I dare you.

There is a right to privacy in the constitution, and the reason this right exists even though it isn’t enumerated is itself constitutional. Political pundits talk about how abortion is a litmus test for potential Supreme Court (SCOTUS) justices. If there really were a litmus test when it comes to abortion, it ought to be the constitution that forms it since the constitution is what they swear to uphold. The test could be formed of a single question with two possible answers. What is the meaning of the ninth and tenth amendments to the constitution? The answer to this question could be either unenumerated personal rights and/or limited government power. Any potential judge that does not concede the existence of a right to privacy, of a limit to state power, does not have a place on the bench within the US court system. They demonstrably do not understand the document that they will be sworn to protect.

Roe v. Wade establishes a right to privacy in jurisprudence. The findings of all of the cases that involve privacy since that case rely on the findings of Roe for their justification. The court will have to find some other basis for privacy as a right in any form if they hope to preserve privacy after reversing Roe. Yes, the prospect of reversal of that judicial precedent is that far-reaching. To reverse it is to make us all wards of the state and to make all claims to privacy by persons, including the multi-national corporations null and void. Pick one. Outlaw abortion or lose your ability to talk to your doctor or attorney in confidence.

Yes, dear reader. I hear you out there exclaiming “What about protecting life, dammit?”

That’s all fine and good. First you have to prove that there is a life, a life with a conscious mind, a will to live, and not just autonomic responses. You have to prove the presence of brainwaves denoting an active consciousness. After you do that you still aren’t done. You still have to show how you will preserve that life without harming the life of the mother-to-be, and by harm I mean economic as well as physical harm. If you did all of that, you might have a telling argument. Failing to do any one of those things will put you back at where we started this entire fiasco. Individual choice. The woman decides if she will have a child, and that means right up to the day before delivery, as far as a legal argument is concerned.

Without breath there is no voice to speak up in protest. Without breath there is no human life that medicine or science can document. Without breath there isn’t a soul, as your own religious document states. Settle for what you have now or potentially lose any remaining control you exert over women’s bodily choices. Pick one.

I started this article while the Kavanaugh hearings were going on. I felt so miserable for most of that time that I limited myself to just re-editing the Witch Hunt post, never managing to get this article formed up into the finished work I wanted it to be. Reviewing the evidence revealed by the talking heads I listened to, talking heads endlessly discussing the hearings, I came away with the fact that Christine Blasey Ford, the prosecutor that the Senate Judiciary Committee had hired to cross-examine now Supreme Court Justice Kavanaugh, got him to reveal his character by making him lose his cool. He had secrets he was hiding, and he wasn’t going to reveal them willingly. He probably should have played with himself before going into that hearing. It might have made him less of a raging asshole, but I doubt it.

After this groundbreaking revelation, that Kavanaugh was lying on the stand, an impeachable error for a sitting justice, the Republican leadership of the committee fired Christine Blasey Ford, burning another witch. They had two witch burnings in one Senate hearing, and they counted that as a success. I know that Lindsey Graham saw it that way. The Senate Republicans burned the witches and pretended none of that bad stuff that Justice Kavanaugh was accused of ever happened. Just as they did with Justice Thomas. #IBelieveHer and That Still Isn’t Enough People. The outcome of the hearings was preordained by the Republican leadership of the Senate. Holding the hearings were just a sham.

Only stupid people like the Orange Hate-Monkey and his MAGA supporters fell for the charade they performed after that. Now we have two people accused of sexual assault sitting on the SCOTUS and the stage is set for the drama that conservatives have been waiting breathlessly for ever since Roe was decided, convinced that they’ll be able to put women back in the kitchen, barefoot and pregnant as often as they can put them there. They’ve got their pandering Trump card stacking the federal courts in conservative favor. A task that was made possible by a Senate Majority Leader who should have been censored and removed from office for dereliction of duty twelve-plus years ago when he stated his plans to do nothing for Obama while he was president.

Why Is This Happening? Forecasting the future of Roe v. Wade with Nancy Northup

The stage is set for the final act of this farce. The farce that started when Christianists decided to make America a christian country and set about forcing their beliefs about the nature of existence on the rest of us. The problem for them remains the same problem that the United States Supreme Court faced back in 1973. Namely, if they force women to carry every pregnancy to term, who pays for that? Who pays for those children’s futures? Who makes sure that they have equal access to the benefits of society right alongside every wealthy, wanted child?

Who? Well, we all will.

Your taxes will be raised to cover those costs. Don’t bother to try to disagree, this is written into the constitution. Brown v. Board of Education outlines the bare bones of what will be required of the general public if women are forced to carry every pregnancy to term. Equal schools for all those children. Equal access to healthcare. Equal access to the courts will ensure that this prediction will play out as I describe. Trillions will be spent.

Not just on schools and medical facilities, things we should probably be investing in anyway, but also on police and investigative capacity. Every woman will have to be registered as soon as they have their first period. They will have to be registered as a potential mother so that they can be properly tracked. Sexual activity will have to be monitored to make sure that no one attempts to prevent a pregnancy. This task will require a police force the likes of which has never been seen before in history. The Handmaid’s Tale only hints at the depths of depravity that will be required to insure that no pregnancy is terminated, ever.

That is what reversing Roe will entail. But it only begins there. The current thinking for who will pick up the tab for all these new children amounts to making the men who father them pay for them. As if men are made of money and all you have to do is tap them like a Maple tree and they’ll ooze more money than any number of children will require. Most men are too shiftless to be willing to work to support the results of every orgasm they experience (considering the thousands of times the average male masturbates in a given lifetime, this is understandable) Most men are unwilling to devote themselves to raising children themselves. This has been my experience, speaking as a dad who spent two years at home raising his second child. Most men that I have revealed this fact to have been incredulous that I would waste my time in that fashion. As if crafting the minds and bodies of the next generation of humans was work that wasn’t of prime importance to every currently living person.

Equality will not be achieved by enslaving the men unlucky enough to be caught fathering children. They will never produce enough to pay the costs of raising those children properly. The failure to produce funds to guarantee equality will result in the taxpayer having to fund the shortfall. This means your taxes will go up, and up, and up… if you ban abortion. Someone has to pay for these children, and the full faith and credit of the US government will require that the taxpayer eventually pays that bill.

Should men carry their share of the weight? Certainly. Should we leave children in the hands of women who don’t believe they are people and don’t want them? No. Should we force the fathers to share the poverty with these women and their unwanted children? No. Shall we then confiscate children from parents that cannot raise them? Make them wards of the state and then task the state with making sure they have the best life possible? Seems to me we probably shouldn’t even begin to head down that road, the road that is labeled banning abortion. That’s the point that I’ve been trying to make since this subject was forced into my personal space as a teenager, witnessing the misfortune of people who didn’t pay attention in health class. Someone will pay for the stupidity, eventually.

If, on the other hand, I were trying to craft political positions for the movers and shakers on the issue of abortion. If I were asked to advise them on the subject of whether to support this or that bill limiting women’s access to healthcare (as far-fetched as that notion would be) I would tell them to insist on a quid pro quo arrangement.

“Fine, I’ll support your interference in the health and family decisions of the average woman in exchange for legislation that guarantees that there will be no homeless children in our state. Legislation that insures no children go without meals or beds to sleep in or whatever level of education they prove themselves capable of working towards. Either we agree on this equal exchange, or I will torpedo your bill with every legislative trick that I can muster.”

That would be my advice. Anti-abortionists claim to be pro-life. It should be beholden on them to prove that they really are pro-life by making every child a wanted child, every child a child with a home, every child a child who is not hungry. Either that, or they can just admit that abortion is sometimes necessary and give up the whole idea of interfering in a woman’s right to choose. They are, after all, the shiftless men I’m talking about.

Punishment is where the entire roller coaster ride of anti-abortion sentiment goes off the rails. The moment that anti-abortionists decided to punish women for their promiscuity with forcing them to raise children they don’t want, they crossed an unforgivable line in the sand. Children are not punishment, and we cannot afford to treat them as punishment. Infants become adults, people with rights they can assert for themselves, and those people will take their dissatisfaction with their unwanted lives out on the rest of us.

This experiment has been tried in recent history and the results are known. Ask Nicolae Ceaușescu how well that worked out for him (another dictator that Trump would have loved) You can’t, because all those unwanted children dragged him out of office and killed him. That is what has happened before when an authoritarian government attempted to make women raise children they didn’t want. If avoiding that fate means abortion is legal for the full term of a woman’s pregnancy, then so be it. As I said at the start of this article, anti-abortionists should have settled for what they already had, because all of the alternatives will be far less satisfying for them than the status quo is right now. Roe v. Wade was a conservative decision, far more conservative than what the status quo will be after the precedent is reversed, no matter which way the country goes after that. Don’t say I didn’t warn you.

You demand this life be born to appease you miserable vengeful god, but you then abdicate any responsibility for it whatsoever. Life begins at conception and ends at birth, well, at least society’s responsibility for it. To you, “sacred” means life must be born, no matter the consequences, and then it can die in the dirt and it’s not your problem. You would force life into the world, but shrug off any responsibility to build a better world for it.

Stonekettle Station
George Carlin: Pro Life, Abortion, And The Sanctity Of Life

They aren’t pro-life, they are anti-woman.

George Carlin

Case history

Starting a Trade War? #ImpeachTrump

U.S. farming has been a hot-button issue in the ongoing trade war. The president said that he had secured large quantities of agricultural purchases when he met with President Xi Jinping at the G-20 summit in June. Trump later accused China of not following through, leading him to announce on Thursday 10% tariffs on the remaining $300 billion in Chinese imports.

CNBC

The fourth largest buyer for America agriculture products just said no thanks in response to Trump’s increasing tariffs against another round of Chinese goods. This is the (I’ve lost count. Third? Fourth?) latest in the ongoing trade war that the Orange Hate-Monkey has engaged in with many of our trading partners. China is merely his favorite target.

When the economy tanks as a result, remember who did that. This, unlike most economic results, is directly tied to the actions of one man. #ImpeachTrump

#ImpeachTrump? #ExpelMcConnell!

To: Representative Roger Williams
1708 Longworth HOB Washington, DC 20515
(202) 225-9896
Contact: https://williams.house.gov/contact

To: Senator John Cornyn
517 Hart Senate Office Building Washington DC 20510
(202) 224-2934
Contact: www.cornyn.senate.gov/contact

To: Senator Ted Cruz
127A Russell Senate Office Building Washington DC 20510
(202) 224-5922
Contact: www.cruz.senate.gov/?p=form&id=16

I’m writing you concerning your dereliction of duty, and what I see as your one chance to save yourselves from the coming storm that is rising against Donald Trump and the Republican party that he has remade in his image. Your one chance to save yourselves from the fate that awaits both him and his accomplices in the high crimes and misdemeanors that he will soon be accused of. His accomplice in the Senate, Mitch McConnell will also be charged, and the Senators are in a position to either be charged with him, or to finally do the right thing by the citizens of the state of Texas whom they claim to represent.

In 2010, Mitch McConnell informed Republican contributors that he intended to not do his job for the next two years in order to make Barack Obama a one term president. When President Obama was reelected in 2012, Mitch McConnell proceeded to not do his job, and to encourage his fellow Senators to not do their jobs, including both of you, for the next four years, for the entire time that Senator Cruz had been in office. As a result of his and your efforts to derail the US government under Barack Obama, the migrant crisis on the Southern border was never adequately addressed. Because of his and your negligence, the opioid epidemic was never addressed at all. Because of his and your negligence, the student debt crisis has continued to spiral into a catastrophe. Because of his and your negligence, thousands and millions of Americans, thousands of Texans, have suffered and died without adequate healthcare. Continue to suffer and die to this very day. Not satisfied to see them suffer and die at the current rates, your caucus in the Senate has attempted to throw more people off of the ACA at the behest of your corporate and wealthy funders. Because of his and your negligence, the impacts of climate change have never been acknowledged and no attempts to offset CO2 emissions have even been begun at the federal level.

I could continue this litany of negligence, disrespect and outright lies on his and your parts, but I would be here all day writing this if I was to attempt to enumerate every single issue that McConnell is derelict in dealing with. His encouragement to you to be derelict in your official duties to serve and protect the constitution of the United States, and through that document the people you represent. I don’t consider any of you to be worth that kind of time. All three of you are generally beneath my notice, past experience being a good educator. I have written to all of you in years past, taking you to task for things you said and did both before and after you entered office. I know you are wholly owned by your corporate donors and wealthy benefactors. I know that none of you care about the suffering of average Texans. I know that none of you care about anything but being re-elected and being able to continue to take sweet campaign contributions from dark money sources. Therein lies the heart of your problem. I will spell this dilemma out for you.

You will lose your next elections. All of you. It’s true, I won’t and never have voted for any of you. So there is no need to try to prove to me that you aren’t the things I describe above. I know that I will get no return correspondence that will address any of the points that I make in this letter. You will dismiss this letter, as you have all the other letters I have sent you, as being from someone who does not represent the majority of Texans. Your current problem is larger than me, larger than Austin where I live, a place on the map that won’t vote for you either.

Austin, a city you Republicans have sought to punish for our unwillingness to support your previous pro-corporate agendas, along with most of the metropolitan areas across the state of Texas. We will not swear allegiance to you and your corporate owners, we see ourselves as citizens of the city we live in, not the state of Texas that our cities are unable to escape the control of. Your governor and the Republican controlled Texas legislature have all shown how much disdain they hold city dwellers in by forcing us to abandon rules that we deemed necessary for city life. Forcing us to abide by the whims of your corporate masters. We do not forget your disregard for our desire to go our own way, make our own rules. But your problem only starts in the cities that will not vote for you.

The average Texan will not support your leadership’s current white supremacist agenda. The targeting of racial and religious minorities. The demands that the US establish a legal preference for the christian religion and its god. These are all contrary to the constitution of the United States and all of the founding documents that have come down to us modified through the ages. It is there in black and white for anyone to discover. The racism that lies at the center of the Confederacy that your schools lie to our children about. The Jim Crow laws that your white supremacist forebears forced the federal government to accept in violation of the spirit of the fourteenth amendment. All of it, there for anyone to stumble across if they simply have the curiosity to go look.

Your problem is that all of Texas can see that you serve Mitch McConnell and Republican corporate funders. You do not serve the state of Texas, the state you were sent to Washington DC to represent. This can be seen in your willingness to watch Texans suffer and die without healthcare, as I mentioned previously. No, you don’t serve Texas; you serve Mitch McConnell, a man who violated his oath of office most recently in 2015 by not at least holding a vote for or against Merrick Garland, an act that was required by law, by the very constitution you swore to uphold. Mitch McConnell who is personally profiting from his wife’s job in the cabinet, also in violation of the constitution. You serve this man, and this man is not worthy of being a member of the Senate.

Mitch McConnell serves Donald Trump. Not the office of the president, an office that has sat essentially vacant since Barack Obama left office three years ago. No, he serves the man Donald Trump, a man who has never obeyed the law, a man who lied when he took his oath of office and even now openly conspires with our enemies in an attempt to retain political power. He serves Donald Trump, a man who is doing his dead level best to start a war with Iran that isn’t necessary. Donald Trump, the man that is starving and killing climate refugees on our Southern border in an attempt to prove that we in the US are even more heartless than the MS-13 gang members that he scares his voting block with. Donald Trump, and through him Mitch McConnell, wants to be more cruel than the gang members that are killing these people in the places they escaped from.

Now, all of this might not be a problem for you if only you could control the press like dictators do in places that Donald Trump loves. Places like Russia and North Korea. But this isn’t one of those poor, information starved places. This is the United States, where anyone can get on the internet almost anywhere and find out what the truth is by simply looking for it. By reading a newspaper or going to a library or just turning on their TV sets. And they are finding out about the things that I describe above. They know of your negligence. They know of your dereliction of duty. They, the majority of Texans who can and will vote, will not be voting for you in 2020 or 2024 because they will have a choice other than you to vote for. You may not be worried about this. You may think you have a fix in that will make sure you appear to win your elections anyway. The people who know what I know? Those people will not be fooled by your chicanery.

You have one chance and one chance only now to save your hides and your good standing, if not your offices. Begin hearings today to have Mitch McConnell removed from the Senate. Join with the leadership of the House of Representatives in their attempts to find out just how much criminality that Donald Trump has conducted under the guise of being president of the United States. Call for impeachment hearings for Donald Trump, a man who was never worthy of the office of the President in the first place based on his own rhetoric and his own lawless business practices. Do these things and we will not be forced to convict you along with your leadership when we finally take power from you again. The choice is yours. The writing is on the wall for anyone to see now. Choose.

Sincerely,

R.A. Steele
Austin, Texas
July 4, 2019

What Trump Can Teach Us About Constitutional Law

For any #MAGA out there. You know who you are.

Trumpconlaw is another podcast hosted by Roman Mars of 99% Invisible fame. When the show first started, I started tweeting out my own version of promos for each episode. The series of them can be found under the tag TrumpConLaw on this blog. This post should appear as the header for that series of tweets.

I am slowly working my way through the 99% Invisible archive. Sometimes I wonder if I’ll ever make it all the way through, but hope springs eternal. 99% Invisible is undoubtedly one of the best designed websites in existence. All Roman Mars podcasts and the podcasts that are presented through his distribution group, Radiotopia, are among the few podcasts out there that are easily shareable; easily shareable because the link to the hosting website is actually referenced in the feed address for the podcast you are listening to. I remain baffled as to why more podcasts do not design their feeds to be easily accessible in this way. In any case, give some of these podcasts a listen. It will take your mind off of the impending doom looming over the US today.


TED2015 Roman Mars Why city flags may be the worst-designed thing you’ve never noticed

#ImpeachTrump

The order appointing me special counsel authorized us to investigate actions that could obstruct the investigation. We conducted that investigation, and we kept the office of the acting attorney general apprised of the progress of our work. And as set forth in the report, after that investigation, if we had had confidence that the president clearly did not commit a crime, we would have said so. We did not, however, make a determination as to whether the president did commit a crime.

Robert Mueller via the New York Times
Robert S. Mueller III, his first public comments about the Russia investigation. – Doug Mills/The New York Times

This was a not too subtle hint to the US Congress that the next action that needs to be taken is by them. Like it or not, they have to impeach Donald Trump or they will be abandoning the framework that this country was founded upon. It is one way or the other, and there is no way in between.

Trump is a criminal, many times over. This was true even before he became the president, as documented over and over on this blog, referencing dozens of news outlets. Now he has committed other crimes that Bobby three sticks cannot charge him for. Congress must take up this task, or admit that they have no power to curb a modern president. If they admit this, they admit that they are no longer a co-equal branch of government.

The full Mueller report is here. #ImpeachTrump

High Crimes and Misdemeanors

The charge of high crimes and misdemeanors covers allegations of misconduct by officials, such as perjury of oath, abuse of authority, bribery, intimidation, misuse of assets, failure to supervise, dereliction of duty, unbecoming conduct, refusal to obey a lawful order, chronic intoxication, and tax evasion. Offenses by officials also include ordinary crimes, but perhaps with different standards of proof and punishment than for nonofficials, on the grounds that more is expected of officials by their oaths of office.

An example of a bad Wikipedia page.

The above came up in a Google search as an example of what the phrase High Crimes and Misdemeanors means, and it is a pretty common example of the kind of confusion that I see among the non-legally educated public. I’ve heard this dozens of times from a myriad of places; and the confusion over this phrase, like the confusion over the purpose of the Electoral College, is about to drive me nuts unless I take the time to explain it at least once.

If you were to speak to lawyers about the meanings of these terms, you would get a completely different answer than you would get out of the general public or from the mass media or social media. Specifically, High Crimes and Misdemeanors is a phrase in the U.S. Constitution. It is a term of art, not a type of crime that we must define through some mystic process in order for it to be understood. The definitions already exist.

A misdemeanor is a known quantity defined by law, just like a felony is defined by law.

Felonies and misdemeanors are two classifications of crimes used in most states, with petty offenses (infractions) being the third. Misdemeanors are punishable by substantial fines and sometimes jail time, usually less than one year. Felonies are the most serious type of crime and are often classified by degrees, with a first degree felony being the most serious. They include terrorism, treason, arson, murder, rape, robbery, burglary, and kidnapping, among others.

Findlaw – Classifications of Crimes

There are many possible misdemeanors that could be charged against the sitting president, if a president could be indicted in the fashion that a normal citizen could be charged. I would go so far as to argue that this president should be charged as if he was a normal citizen considering that he is well beneath the quality of human being that I would define as normal, but the niceties of tradition and political maneuvering hamstring most of the arguments that would allow for the direct prosecution of a sitting president for provable crimes in your average courtroom in Washington D.C. or elsewhere.

Lacking the ability to bring charges against a sitting president directly, we have, by definition, to be able to remove a president without having to meet the high standards that a criminal prosecution would require; in other words, the bar for impeachment of a official is lower than the bar for convicting an average citizen. This is because the standards of behavior are higher for political officeholders than the standards of behavior for your average fry cook.

That is why the term high crimes, is used in the U.S. Constitution, rather than the legal term felony,

high crime : a crime of infamous nature contrary to public morality but not technically constituting a felony

specifically : an offense that the U.S. Senate deems to constitute an adequate ground for removal of the president, vice president, or any civil officer as a person unfit to hold public office and deserving of impeachment

Webster’s Legal Definition of High Crime

It is worth noting (h/t to Chris Hayes) that treason and bribery are listed crimes which can be brought against a sitting president for the purposes of impeachment, and that both treason and bribery can be proven from the behavior of Donald Trump without even breaking a sweat trying. This is above and beyond the phrase high crimes and misdemeanors which covers everything a president might do that was beneath treason and bribery but still not things a president should do.

…and that is why I have maintained that Donald Trump was a fool to even try to run for the office of the president for three years running. This is still my opinion, and the evidence for this opinion has only increased over his time in office. Impeachment is a pro forma operation when it comes to Trump, inc. His crimes are known. I, a layman, have detailed his crimes across the hundred-odd posts on this blog that I’ve written about this subject, and there are many more crimes that I’m sure I’ve missed in the last three years of the non-stop Trump media orgy we’ve all lived through. As to the specific criminal charges relating to the 2016 election that could be brought against him, those are icing on the cake. They aren’t needed, although everyone seems to think they are what will determine the future of the Trump presidency.

They won’t, because they aren’t the crimes that can be proven here and now. The Mueller report documents the crimes of obstruction that could be brought against Donald Trump, but he rightly or wrongly refused to bring those charges against him. In any case, the job of accusing and then convicting a sitting president and removing him from office falls to the Senate once articles of impeachment are passed by the House of Representatives. The crimes that can be proven right here and now without a protracted redaction fight in the courts are the financial crimes documented by his corporate accountants, and these crimes are a subpoena away from being proven beyond a shadow of a doubt.

People who expect Trump to last another two years should probably hang onto their seats (yes, I’m looking at you) because it is liable to get really messy over the next 18 months. No one can tell you what will happen, because nothing like this has ever occurred in the history of the United States. We are in the moment of crisis when Rome became an empire and was no longer a Republic. We are in the twilight era when the USSR was ceasing to function, but continued to grind on for a decade and more through sheer inertia.

The impeachments should not be limited to Trump, either. The Attorney General, the Treasury Secretary, even the Vice President are all open targets based solely on their behavior within the Trump administration. The emoluments clause remains the albatross hanging around all of their necks, collectively. They have all conspired to allow Donald Trump to profit from the office of the president, allowed him to steal funds directly from all of us to further his own fortunes. This cannot be tolerated.

The Trump administration will end a longstanding requirement that certain nonprofit organizations disclose the names of large donors to the Internal Revenue Service, a move that will allow some political groups to shield their sources of funding from government scrutiny.

New York Times

We The People not only expect but demand that we be told who buys whom and at what price, no matter how much power that person or group believes they have. This will be true for as long as as bribery, private financing for campaigns, is allowed. Mnuchin answers directly to Trump. He should be indicted along with Trump and the rest of his administration for high crimes and misdemeanors. This is no longer a request. #ImpeachTrump or join him on the dock to be charged with him. Pick one.

If you are afraid of where the truth might take you, if your loyalty is to a would be king and not the nation, then you are complicit. If you’re outraged at my words instead of at the thought of what that process might find, if you don’t want to know the truth, well, then you’re the problem.

Stonekettle Station

An Article of Impeachment Against Donald J. Trump

When the framers were debating impeachment at the Constitutional Convention, George Mason asked: “Shall any man be above justice?”

The same question faces us now: Can a president use the power of his office to hold himself above the law? Trump is unlikely to face impeachment anytime soon, or perhaps anytime at all. But it’s time for all of us — voters, members of Congress, Trump’s own staff — to be honest about what he’s done. He has obstructed justice.

He may not be finished doing so, either.

New York Times Opinion By David Leonhardt Jan. 28, 2018

This was in my Facebook memories for today. On this day, one year ago, you posted this link from your Tumblr account. A dead link to my now deleted Tumblr account. As I was reading over the list of charges in the article I realized the list is longer than 10 points now, a full year later. Some of these points have been enumerated on this blog over the last two years. This article is the latest in a series of articles that carry the tag #ImpeachTrump but even that list of articles is hardly exhaustive or even current. I’ve grown tired over the past two years. Tired of attempting to categorize the many, many impeachable offenses of the sitting president. But the offenses continue unabated, whether I’m paying attention or not.

The appointment of Matthew Whitaker to the job of Attorney General after firing Jeff Sessions would figure highly in the expanded list of charges. Appointing someone who was not Senate approved to the job of Attorney General is itself an extra-constitutional act, let alone naming someone who explicitly applied for the job by stating he would end the Mueller investigation.

…and yet Matthew Whitaker hasn’t done the one thing he was sent to do. Have you seen the video of the guy sweating in front of television cameras? That is the look of a man with his balls in a vice. Caudillo Trump gave him a job to do, and then Bobby three sticks explained to the idiot what would happen to him if he did the job that His Excellency sent him to do. Now Matthew Whitaker’s balls are in a vice. He can’t do what he was appointed to do and he can’t answer questions about the thing that he was sent to end because Mueller will throw him to the wolves along with Trump if he does. Clearly, Matthew Whitaker can’t wait to be out of the hot seat so that he can let the next guy take over.

Which brings me to the next point on the list of impeachable acts. The nominee for the Attorney General’s job currently being reviewed by the Senate. He too applied for the job by stating he would end the Mueller investigation. If he gets the nod from the Senate (and why hasn’t he already gotten that?) Bobby three sticks will explain to him, in pretty much the same detail he explained to Whitaker, exactly what will happen to him if he interferes with the investigation of Caudillo Trump. In short order he will be seen sweating in front of the cameras refusing to answer questions about the Mueller investigation, while it continues unimpeded.

Caudillo Trump just can’t seem to figure out that he’s digging his own grave with each thing he does to attempt to hinder the investigation. Each act, another example of his willingness to subvert justice. Why would an innocent man feel the need to keep trying to subvert justice in this way? Could it be he is as guilty as I argued he was two years ago? Caveat Emptor?

The Democratic party now runs the U.S. House of Representatives. Speaker Pelosi holds the gavel, and articles of impeachment would pass the house if they were proposed and seconded, and the trial were to be held today. But the Senate is still held by Republicans, and we need two-thirds of the Senate to convict the current occupant of the Office of the President and remove him from the office that he has repeatedly demonstrated he is not fit to hold. That number is sixty-six. Sixty-six Senators to vote to convict, and only 49 firm votes are currently available for that conviction. We need seventeen Republicans that want to get re-elected next year to step forward and call for the removal of Caudillo Trump. Who will those brave souls be?

First they’ll have to oust McConnell as leader of the Republicans in the Senate. I wish them luck in that endeavor. We could take that hard road, or we could hold out a little longer and then cheer President Pelosi as she accepts the nomination of the Democratic party for the office of President of the United States in 2020, an office she inherited due to the crimes committed by the previous president and his vice president. And then cheer her election that November, and her swearing in the following January. Pick one.

Dear Republicans. What Does Trump’s Cock Taste Like?

This should be the question every pundit ask every Republican who won an office last night, since everyone of them swore fealty to King Trump in order to win (embroidery here) The question should be asked every time they hold a presser. It should be asked every time they are seen in public. It should be asked in front of their wives. Their children. Their families. Everyone needs to have the blatant corruption at the heart of every Republican victory last night spelled out in the most graphic, disgusting terms possible.

Trump can get away with the shit he says every day? Ask that fucking question every fucking day until they crack.

“what does Trump’s cock taste like?”

Maybe, just maybe, they’ll fucking wake up then. But I doubt it.

In the meantime. The weasel will try to squirm out of harm’s way. The OHM has already signaled that he’ll play ball with the Democrats. Nothing doing. Not unless he turns states evidence on all his Russian contacts, fires all his children, divests from all his businesses. And when I say “divest” I mean sell to the highest bidder with all proceeds going to pay off the design and construction professionals he’s screwed over the last forty years. He has to agree to replace his entire cabinet with people who will not attempt to undermine their departments. Essentially he has to agree to congressional oversight of everything in the presidential administration and he loses control of the military. He has to rubber-stamp everything the congress sends to him and he had to tell all his supporters how much they’ll love it.

Oh, and he also will have to insist on IRS prosecutions for the entire DeVos family.

If. If he does all of that, he can stay president for two more years. No running for re-election either. Take your pension, sit down and shut up after January 20th, 2021. If he doesn’t go for all of that, the anal probes start moving in on January 20th, 2019. Or he could just quit now and take his chances. It’s all up to him now. Let’s see which way the weasel runs.


I spoke too soon. Ann Coulter and the Joey Goebbels of AM radio, Rush Limbaugh, scared the Orange Hate-Monkey into demanding congress do his bidding. Build my wall with your money since Mexico won’t pay for it! Unsurprisingly the answer from Nancy Pelosi and her majority of the House has been no. Also unsurprisingly, the art school turtle, Mitch McConnell, refuses to do anything unless the OHM tells him to. The standoff cannot last, and the OHM will not be getting money for his wall from the Democratically lead house. They know what kind of thief he is already. If the shutdown doesn’t end in less than a month, I predict impeachment hearings will begin to be discussed seriously. The only thing standing in the way of the government reopening is the idiot sitting in the White House not doing the job he was elected to do. Time to fire him. #ImpeachTrump

Ignoring Emoluments? #ImpeachTrump

I mean, what exactly does somebody like Trump pray for?

Stonekettle Station

I too would like to know what kind of prayers the OHM might offer, because frankly, I can’t imagine him ever praying to anyone or anything. The very notion that he would willingly bend a knee in supplication at any time is foreign to the machismo that he tries to present. That he could put words into a supplication that didn’t sound as false as every other thing he says, making the prayer a mockery, baffles even my (ahem) yuge imagination.

While he’s airing the laundry, as Jim suggests, laundry like his secret thoughts and prayers, perhaps he’d do the people he’s supposed to serve, the American people, a few other favors?

Like what?

Let’s start with other things mentioned in the Constitution. The document that contains that holiest of holy conservative amendments, the Second Amendment, outlines pretty succinctly the kind of strictures that a holder of the office of President must comply with. Not the first amendment, I split that portion of the Constitutional Crisis out and made it its own post. Not engaging in political assassination on a level that would even put Nixon to shame. That also is its own post now. Not even the failure to protect the general health and welfare of the citizens of the United states. That could become many posts all on its own because the list just keeps getting longer. For now it is simply a recitation of the suffering of the people of Puerto Rico. People who still haven’t seen the relief promised by the OHM over a year ago.

No I’m talking about an obscure little clause in the Constitution that hasn’t needed to be litigated until today, largely because no president before the OHM was so brazen as to believe he could flaunt law in the way that he has so far in his presidency. Not since Ol’ Hickory had his agents buy up lands formerly set aside for native Americans in Georgia have we seen profit taking on this level. I’m talking about emoluments, dear reader. Emoluments yet again. Would the OHM mind too much doing we the people the courtesy of releasing his financial statements and clue us in on who is paying him how much and for which favors? He swore an oath to uphold the Constitution that requires this of him, but his lackeys are still telling us how they can’t be bothered to comply with the requirements of the Constitution.

“To fully and completely identify all patronage at our Properties by customer type is impractical in the service industry and putting forth a policy that requires all guests to identify themselves would impede upon personal privacy and diminish the guest experience of our brand,” the Trump Organization wrote in its policy pamphlet, which the company’s chief compliance officer said had been distributed to general managers and senior officials at all of its properties.

The Atlantic, ‘Not Practical’ to Comply With the Emoluments Clause

So while he’s out there offering thoughts and prayers to obscure the blood all over his interpretation of the Second Amendment, maybe he could do the other things that document requires and inform us of just who’s pockets he is in? It’s not too much to ask. Lyin’ Hillary as the OHM refers to her, released 40 years of her financial records to the press, a fact that the press took full advantage of, using it (among other things) to beat her down at the polls. Using her openness to keep her from becoming President. Did I trust Hillary Clinton? No. But then I didn’t have to. Her history was an open book. Her excesses were known. Her habits had been gauged. She would have at least been predictable, would at least have not worked to destroy the world as we’ve come to know it, in the first year of her presidency. All of which is more than I can say about the OHM.

He won’t reveal his financials even though every modern president before him has done this. He won’t tell us who is paying him now, much less who was paying him in the past, refusing to divulge information that has always been public record for elected officials including presidents. This is much more of a crisis than anything else that he’s done or failed to do in office. It is at the heart of his malfeasance and he won’t tell us because he knows just how dirty his financial records are. So either he has to divest himself of all his properties now, declare all his finances, now, or he has to be impeached, now.

Democratic Rep. Eric Swalwell of California has introduced a bill that would make it a criminal offense for the president and his family to “enrich themselves by using his presidency.”

The Prevent Corrupting Foreign Influence Act would “significantly improve upon the existing ban on America’s highest elected officials receiving financial benefits from foreign powers.”

“Unlike other presidents, Donald Trump has failed to distance himself from his private business interests while serving our nation, and so he and his family are getting richer from Trump companies that receive money and benefits from foreign powers,” Swalwell said.

Countable

Being a United States public official is lucrative enough without resorting to the kleptocratic tactics that the Orange Hate-Monkey (OHM) his appointees and his family have exhibited. The emoluments clause is in the Constitution for this reason, and the ban on all gifts should be applied to all public offices, not just the president and his administration. The OHM is violating the constitution, has been actively violating the oath he swore to protect and defend the Constitution since he swore it last January. Oaths don’t get any more broken the longer they stay broken. If we don’t respect the law, then the law ceases to have meaning. The Republican party has put lawlessness on display for all to see, while trumpeting their status as the “rule of law” party. They have made a mockery of the United States. It is time to take back our government from them.

The previously unreported letter — describing a five-day stay in March that was enough to boost the hotel’s revenue for the entire quarter — shows how little is known about the business that the president’s company does with foreign officials.

Such transactions have fueled criticism that Trump is reaping revenue from foreign governments, even as he controls U.S. foreign policy toward those countries. Trump’s company has disclosed few details about the business it does with foreign customers, saying it already reveals more than is required.

The Washington Post

This is direct evidence of the OHM’s violation of the emoluments clause of the Constitution. Payments directly to Trump from a foreign leader. This is bribery. This is corruption. The Nazi wannabes in congress who are members of the OHM’s party, representatives of the American people who will not move to impeach this poor, white, excuse for a president, are themselves violating their oaths to preserve and protect the constitution of the United States. All of them should be impeached, not just their president. This is the highest crime committed in the United States in my lifetime. That the Republican representatives in congress refuse to act says a lot more about them and their base than they realize.

The Ezra Klein Show, Taking Trump’s Corruption Seriously, August 2, 2018

If there is some scandal lurking that’s going to derail the Trump administration, I think it’s going to be found by following the money, not by following the Russian bots.

Adam Davidson has been investigating this since Trump’s election. If you’re an avid podcast listener, you probably know Adam from his days at Planet Money. He’s now at the New Yorker, doing some of the best investigative work on the Trump Organization. You’ll want to hear what he’s found.

A lot of what is documented by Adam Davidson echoes the kinds of things I was alluding to in Caveat Emptor  in January of 2017. The OHM is dirty, has always been dirty. That is the kind of business he conducts, and this isn’t a secret in any real sense. It was only a matter of time till this evidence became news, and brought down his corrupt administration. The only question is, will the truth arrive in time to save the US from itself, or will the OHM have made such a mess of things that we cannot recover from it?

#TrumpTaxes2018

This was originally part of another article that I have now broken into three parts and embroidered on all three. 

Punishing Political Opponents? #ImpeachTrump

Trump is now considering revoking the security clearances of former intelligence officials who have criticized him.

Not even Richard Nixon went this far. It’s not just petty and vindictive. It’s bad for American policy. Former heads of intelligence agencies retain their security clearances so they can speak about sensitive matters with their successors and with Congress. Trump obviously doesn’t want them to.

Robert Reich

That’s right. Go after the most popular President in our lifetime, Mr. Orange Hate-Monkey. (OHM) Try to take away Barack Obama’s security clearance (What is a security clearance? Who has one and why?) Don’t mess around with the underlings from previous administrations. I mean, you act like you heft a decent sized pair of balls, you should take on the truly powerful in your current sphere not muck around with underlings. Take on the Clinton’s and the Clinton Foundation. I’ll get the popcorn out to watch those fights. This would be better television than impeachment hearings. An emasculation live on television, without all that bothersome blood. A lesson to white men everywhere. There is a limit to effective power.

But, he won’t challenge the truly powerful. This was revealed in Helsinki when he sucked Vladimir Putin’s cock live on television. The OHM has no balls, if his display of authority in Helsinki was any kind of example of his true manhood.

There are dozens of conservative pundits who are bailing out on the OHM and his racist, fascist, oligarchical kleptocracy in the making. They are bailing out because they can smell failure in the air. I don’t want to cast aspersions on Steve Schmidt (pictured at right) personally, but his cohort of conservative Republican operators created the fertile ground that the OHM’s candidacy sprouted in. They are the ones that accepted Nixon’s Southern strategy. They are the ones that built on that legacy. They are the ones that tried to navigate the tricky waters between outright, obvious racism, and just not liking the black Democrat in the White House.

Rather than just declaring that Nixon was wrong, abandoning the white nationalists and Christianist extremists that Nixon and then Reagan had saddled their party with, they kept trying to make a legitimate national party out of what has come to visibly be a regional/racial delusion, a frame of reference that can only be found within the minds of the overwhelmingly elderly, white, rural, Republicans that are virtually the only group voting for the OHM and his policies. Why they are voting for him remains the only unanswered question, because there is little doubt of the OHM’s culpability and criminality any longer.

All of this, all of it, comes from factionalization. Comes from believing that your political opponents are not just simply mistaken, but evil. Evil, malicious, law-breaking fraudulent actors. Conservatism is a political ideology, not a philosophy. Much like libertarianism, it simply does not have enough guidance, enough mental meat, to serve as a real philosophical basis for rational action. Failing to convince the rest of America that their conservative ideals were correct, political conservatives have continued isolating themselves until they can’t even accept commonly held scientific findings for fear that they controvert some pet belief of theirs. They insist on their own news outlets and their own facts. This is how ideologies fail, and modern conservatism has failed. It failed when it elected Donald Trump. It failed when it could not distinguish his lies from the truth that is all around them. If you think I’m going to cry for them, you are sadly mistaken.

Rachel Maddow points out that six of the seven people James Comey told about his meetings with Donald Trump are gone or leaving the FBI, with the one who hasn’t been made into a political punching bag, David Bowdich, firing Peter Strzok. All contrary to FBI personnel office guidance.

The OHM is destroying our justice system in front of our very eyes, and he’s doing it with the excuse that these people oppose his presidency. Yes, members of the justice department oppose your presidency Mr. OHM. Your actions are all the proof they need to justify their opposition. You can’t stop yourself from punishing people who criticize you once you’ve noticed them. It’s not in your nature. You destroy people. You always have and you always will.

Trump gave Sessions the job for the same reason Thump hired Cohen as his personal attorney.

Because he was looking for a crook.

Because he thought Sessions was a corrupt little toady with the same lack of morals as Trump himself, a guy who would abuse his office to attack Trump’s political enemies and to help Trump profit from the office and stick it to liberals and for no other reason.

And it’s right there in Trump’s own words.

Stonekettle Station

The OHM punishes the heroic and belittles the people who serve him. Most of them probably deserve belittling. Toadys. Sycophants. Yesmen. These are the kinds of people that he surrounds himself with. It’s not like this was news to anyone who knew him or knew the kinds of work he does. As I said the day he took the oath Caveat Emptor. Words to live by in the age of Trump.

This was originally part of another article that I have now broken into three parts and embroidered on all three. With any luck I’ll have the other two out by Monday, as well as an update for the Kavanaugh post.