Saturday, June 23, 2018

Brilliant analysis of HRC (and others) by Victor Davis Hanson


Hillary’s Hamartia

Thursday, June 21, 2018

Hillary Clinton could have spared the country hours of wasted investigations, debates, and near civil war had she just made three easy ethical and logical choices.

One: Had she, as Secretary of State, used a standard Department of State email server for her official correspondence, there would have been no Inspector General’s 500-page plus report. Indeed, there would have been no three-year-long email scandal that has all but destroyed the reputation of the Washington hierarchy of the FBI.

In other words, there would have been no need for all the distortions by Clinton, the FBI, and the Department of Justice. Just think of it: no bit-bleaching of Clinton hard drives, no smashing of mobile devices, and no secret meeting between Loretta Lynch and Bill Clinton on an airport tarmac.

Nor would there have been embarrassing press conferences by former FBI Director James Comey during the 2016 campaign. Loyalists like Clinton aides Cheryl Mills and Huma Abedin would have had no need to lie about their knowledge of their boss’s illegal server.

There would been no need for silly euphemisms inserted into the FBI reports to exonerate Clinton. No investigation of Anthony Weiner’s laptop would have followed. No deceptions would have arisen about “yoga” and a “wedding” as the topics of some 30,000 deleted Clinton emails.

There would have been no conflict of interest of Deputy FBI Director Andrew McCabe, who investigated the Clinton email scandal, shortly after his wife had received Clinton-related campaign donations. McCabe would not have had any private server emails in the first place over which to exhibit his lack of judgment.

Two: Had Hillary Clinton campaigned more in the key purple swing states—especially Florida, Michigan, Ohio, and Pennsylvania—during the key last month of the election, she might well have won the Electoral College. Instead, quite delusionally, she sought a “mandate,” headquartered in Brooklyn and camping out in unwinnable red states like Georgia and Arizona, squandering resources as a frenetic Trump pilfered her supposedly secure Midwestern base.

Much of the illegal behavior at the Department of Justice and FBI was predicated on the administrative state assuming that Clinton would win the election. Had she done what all the experts and polls predicted—campaigned logically and won her predicted landslide—we would currently have no scandals in quite another sense.

A President Hillary Clinton would have squashed the 2016 email investigation of herself. No FBI or DOJ careerist would have been so naive as to risk a career pursuing it. There would be no inquiries into 2016 FISA court abuse. The lovebird texting of Lisa Page and Peter Strzok would either never have emerged, or would have been dismissed as innocent overzealous supportive banter by President Clinton.

No one would care that a President Clinton had silenced inquiries into how her campaign had hired Christopher Steele to dig up dirt on her rival Donald Trump.

Under a President Clinton, we also would have had no idea that the Obama FBI had inserted a spy into the Trump campaign in the person of Stefan Halper.

No one would have known or probably cared that the Obama national security team had unmasked the names of U.S. citizens swept up with FISA court surveillance and leaked them to the press. Indeed, a President Clinton would likely have envisioned overzealous careerists who may have broken the law on her behalf as loyalists to be rewarded, rather than as lawbreakers to be referred to federal prosecutors.

Three: Had the defeated Hillary Clinton only accepted the results of the Electoral College, like all other defeated candidates, there would have been no post-election collusion hysteria. Had Clinton acted magnanimously like other sorely disappointed losers—Jimmy Carter in 1980, Walter Mondale in 1984, Michael Dukakis in 1988, George H.W. Bush in 1992, Bob Dole in 1996, John McCain in 2008, and Mitt Romney in 2012—there would have been no accusations of scandal.

We would not have heard that the voting machines in particular states were supposedly rigged (they were not). Third-party candidate Jill Stein would not have sued over the results. There would have been no pathetic effort to warp the postelection voting of the Electoral College. The entire Russian collusion myth and the misadventures of Special Counsel Robert Mueller’s investigations arose largely because an embittered Clinton wished to blame almost anything but her own ill-starred campaign for her loss.

Instead, an embittered postelection Clinton went on an endless global book tour. She tweeted as if she were Trump. She joined the “Resistance.” She hit the talk shows.

In these venues, she has blamed almost everything and everyone for her humiliating defeat: the Russians, James Comey, the cash-poor Democratic National Committee, red-state racists and sexists, bullying husbands who silence their wives, the Electoral College, the deplorables and irredeemables, the WikiLeaks email revelations, right-wing media, the mainstream media in general, Republican efforts at voter suppression, right-wing donors, Steve Bannon and Breitbart News, Facebook, Bernie Sanders and his socialist agenda, Barack Obama, Netflix, fake news accounts, the Republican National Committee, her own campaign staff, Jill Stein, Anthony Weiner, and on and on it goes.

The irony is that as the 2016 campaign wound down and most experts and pollsters forecast a 90% likelihood of a Trump defeat, both President Obama and Clinton had warned Trump not to be a sore loser. Obama had condescendingly advised likely losing candidate Trump to stop whining. Obama sermonized that it was absolutely impossible for any foreign nation to tamper with a U.S. election (and by extension equally impossible for Trump to win).

Clinton seconded Obama’s assertions. She chided the sputtering Trump campaign for questioning whether the 2016 election would in retrospect be fair.

Of course, to imagine what a more savvy, humble, and gracious Hillary Clinton might have done during and after the election is an exercise in futility.

Hillary Clinton is by nature sometimes clueless, often haughty, and characteristically vindictive. To understand her response to her defeat, it would be wise to turn to the Athenian tragedian Sophocles and other Greek authors.

Sophocles, Euripides, and the Greek epic poets, historians, and tragedians explore the idea of hamartia. Such an innate character flaw, such as Oedipus’s self-regard or Jason’s obtuseness, can be repressed, but it will inevitably resurface at the most inopportune moment. From Clinton’s cattle-future imbroglio and the “missing” Rose Law Firm files to the Uranium One and Clinton Foundation scandals, Clinton for over 40 years has never much worried about the wages of chronic deception and ends-justifying-the-means morality.

The next step in the slow cycle of classical self-destruction is koros—a greed or overreaching ambition that is the result of hamartia. It thus deludes the apparently successful into believing there will be few consequences to their excess. Koros makes self-reflection impossible. As first lady, Senator, Secretary of State, and a presidential candidate, Clinton saw no ostensible connection between her character flaws and a lack of success. Indeed, her fabrications, excesses, and deceptions previously led to ever-greater career advancement, and were seen as integral to her good fortune.

Koros—the mindset that there are no consequences to surrendering to innately destructive impulses—leads to hubris, or a pattern of blindness brought on by overweening arrogance. Hubris is why no one questioned why Hillary Clinton was using a private email server. No campaign aide or staffer risked suggesting to a hubristic Clinton that she was wasting her time campaigning in Georgia or in bitter defeat joining the Resistance.

The Greeks saw atê as the concrete result of hubris. Atê was synonymous with individual acts of abject folly. In the-emperor-has-no-clothes-fashion, Clinton doubled down on her delusions. So, her hubris-driven recklessness continued, if not accelerated, as she ranted about the “deplorables” and “irredeemables.”

The final act in a multistoried Greek tragedy is the advent of Nemesis or divine retribution. At some point, the gods decide they’ve had enough of mortal excess, arrogance, and folly, and intervene to destroy the perpetrator—and often everyone in his or her vicinity.

Usually that happens at the pinnacle of the tragic hero’s perceived success, as in the case of a clueless but innately haughty King Oedipus of Thebes. In Clinton’s case, Nemesis approached in late 2016, when experts had all but coronated her as president-elect months before Election Day.

When Nemesis finally hit Clinton on November 8, 2016, she was stunned, unable to even extend a simple public gesture of concession on election night. From there, Nemesis took her on a downward spiral. Clinton descended from once polling as the most popular woman in the U.S. to a rather sad figure, scapegoating, weaving conspiracy theories, blame-gaming, and endlessly replaying the disaster of 2016—a sort of poor, blinded and dethroned Oedipus wandering in exile in the fashion of peripatetic former FBI Director James Comey, whose character and fate in some ways are similar to Clinton’s.

In sum, Clinton made a series of nearly inexplicable, but clearly disastrous decisions—assuming that she could set up an unlawful private server as Secretary of State, that her 2016 victory was foreordained, and that she would deny and seek to overturn rather than accept her defeat. At any time, easy and obvious choices would have spared her a great deal of humiliation and her associates and supporters disaster.

But then again, according to the classical belief in fate and necessity, Clinton may have had little choice after all—given that her innate flaws were a sort of bomb that was always ticking until blowing up at the most appropriately tragic time. (Emphasis added-HMH)

Monday, June 18, 2018

The police state takes two steps forward

The following article by David Catron appears on June 18, 2018, at spectator.org entitled "Why the [Office of Inspector General, DOJ] report should scare the hell out of you."

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The Justice Department’s tepid OIG report, with its risible assertion that there was no political bias in the FBI’s Clinton email probe, suggests that it was written by people afraid to tell the unvarnished truth about the conduct of the federal government’s police apparatus, an agency that openly defies congressional oversight and has participated in a vendetta against a sitting president. The FBI’s leadership clearly hopes that the Democrats will win majorities in Congress and put a halt to the investigations into its multifarious abuses of power. The OIG is loath to face the ruthless reprisals that would inevitably follow such a disaster.

In other words, the Justice Department’s Office of Inspector General is filled with people who fear the FBI. Think about that for a minute. What is the usual term for a government whose members live in fear of its police arm? Ronald Reagan famously said, “Freedom is never more than one generation away from extinction.” The OIG report suggests that its demise may be only one election away. The following passage from the report’s Executive Summary is a cowardly exercise in bureaucratic dissembling deliberately worded to let corrupt FBI officials off the hook and provide talking points for its equally dishonest apologists:
[We] did not find documentary or testimonial evidence that improper considerations, including political bias, directly affected the specific investigative decisions we reviewed … we found that these specific decisions were the result of discretionary judgments made during the course of an investigation by the Midyear agents and prosecutors and that these judgment calls were not unreasonable.
It doesn’t matter that this pusillanimous drivel is refuted by the findings reported in the depths of the full 568-page report. It was immediately deployed by the usual suspects in the legacy “news” media, and even the agency’s current director, to whitewash the behavior of Comey, McCabe, Strzok, and the rest of the rogue bureaucrats posing as law enforcement officials. If the ill effects of this report are not obvious, consider the response of the FBI’s current director, the guy who was supposed to be a trade up from the solipsistic stuffed shirt fired by President Trump. Here is Christopher Wray’s rote recitation of the FBI party line:
I take this report very seriously, and we accept its findings and recommendations. It’s also important to note what the inspector general did not find. The report did not find any evidence of political bias or improper consideration actually impacting the investigation under review. But the report does identify errors of judgment, violations of or disregard for policy, and decisions that, at the very least, in hindsight, were not the best choices.
And, in the cause of halting further investigations into deep state skulduggery, the Democrats immediately used the OIG report to attack the Republican chairman of the House Intelligence Committee, Devin Nunes. Nunes has spearheaded the House investigation into the interference of executive branch agencies in the 2016 election and their attempts to hobble the Trump administration. California Democrat Adam Schiff has been working the talking head circuit to weave ironic conspiracy theories about Nunes’ conduct. Schiff went on Meet the Press yesterday to speculate about data received by the committee from the FBI:
[I]t is deeply disturbing because if this was shared by New York field agents with Devin Nunes, was it also shared with Rudy Giuliani? Or did Devin Nunes do something which we have seen subsequently which is coordinate with the Trump team? Was this information shared by the committee with Rudy Giuliani or shared directly with them? We don’t know the answer but we hope the inspector general will find out.
Schiff is, of course, a pathological liar. This has been documented by a number of news outlets, including the Federalist, in this story by Mollie Hemingway. But the truth isn’t what matters to any of the Democrats as the midterms approach. They know there is more damning evidence on the way if they don’t stop the investigations of the chicanery that went on before and after Trump was elected. Schiff and his accomplices are up to their necks in it and the most urgent priority on the “to do” list of a newly elected Democratic majority in either House of Congress will be the abrupt termination of any related committee investigations.

This is not conjecture. Both the Democrats and their media toadies have been dropping none-too-subtle hints about it since they began fantasizing about a “blue wave.” Last week Elizabeth Warren expressed fear that the Democratic Party might not win either the House or Congress: “I run every day filled with terror that it won’t because Donald Trump remains in control of the House and the Senate.” When asked how the Democrats could accomplish anything with only partial control of the government she answered, “They can do it partly by stopping some of the bleed.” Thomas Friedman explains what that means in the New York Times:
It is up to the Democrats to… get hold of at least one lever of power — the House or the Senate—in order to oust the most corrupt Republican lawmakers who lead key committees… to protect the F.B.I., the Justice Department and Robert Mueller from Trump’s intimidation.
In other words, the Democrats want to win in November to protect corrupt executive branch departments from their boss. That would be Donald Trump, who won the presidency in a free and fair election. This is what should scare you about the OIG report. The Inspector General is not merely afraid of reprisals from the most powerful government police organ on the planet, his report hedges his bets because he isn’t sure that our democratically elected representatives are going to win the war they are fighting with the deep state. He knows that if the Democrats win in November, the deep state will devolve into a police state.

Monday, June 11, 2018

What legally--not anecdotally--constitutes "obstruction of justice"?

The following article by Professor Elizabeth Price Foley appeared today on The Hill. It is entitled "Those who tout Trump's 'obstruction' misrepresent the concept." And, I might add, the law.




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President Trump’s opponents have repeatedly misrepresented the crime of obstruction of justice, conflating the colloquial meaning of “obstruction” with the legal concept. Such conflation is likely purposeful, to lay the groundwork for impeachment — political, not legal, arguments.

The colloquial definition of “obstruction” means to block, hinder or impede. The legal definition of “obstruction of justice,” however, is narrower, requiring proof of three elements: 1) the commission of a statutorily defined act; 2) undertaken with specific intent; 3) to hinder an “official proceeding.” The defendant must act with culpable mindset (called mens rea), and his act must actually obstruct, or attempt to obstruct, an official government proceeding.


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A simple hypothetical illustrates this point: Imagine Bob shreds a bunch of documents. If there’s no pending or reasonably foreseeable government “proceeding” — such as a grand jury, criminal trial or congressional investigation — to which Bob’s documents may be relevant, the act of shredding them isn’t obstruction of justice. Even if there is a government proceeding, Bob doesn’t “obstruct justice” unless he shreds with the intent to impede that proceeding.
New York Times reporters recently misrepresented obstruction when they examined a memo sent to special counsel Robert Mueller, in which Trump’s lawyers outlined why accusing the president of obstruction is a waste of time. Beyond the strong constitutional argument that the president cannot obstruct justice when exercising his constitutional authority to fire a subordinate FBI director, Trump’s lawyers also asserted that his acts do not fall within any obstruction statute. The newspaper characterized this argument as a “technical parsing” of the law. This is what lawyers and judges do: We parse statutes to determine if they’re applicable. 

One statutory argument Trump’s lawyers made is similar to one I made last year. When the president told then-FBI director James Comey that former national security adviser Michael Flynn was “a good guy” and “I hope you can let this go,” it was not obstruction because an FBI investigation isn’t an “official proceeding.” The New York Times snarkily dismissed this defense, asserting that it’s based “on an outdated statute, without mentioning that Congress passed a broader law in 2002 that makes it a crime to obstruct proceedings that have not yet started.”

The obstruction statutes found in 18 U.S.C. 1505 and 1510 are not “outdated.” There are multiple federal obstruction statutes, each with a purpose; all require proof of the elements mentioned above, including the “broader” statute cited by the reporters — Section 1512.

The reporters relied on subsection (f), which declares that “an official proceeding need not be pending or about to be instituted at the time of the offense.” But this subsection does not dispense with the “official proceeding” requirement of obstruction law. It states that there must be a proceeding that the defendant aimed to obstruct, even if the proceeding was not yet initiated when the defendant acted.

The Supreme Court’s decision a few months ago in Marinello v. United States reaffirmed the importance of a nexus between the defendant’s actions and his intent to interfere with an official proceeding. The court insisted that the government prove an intent to obstruct an official proceeding, and said the proceeding must at least be in the offing at the time the defendant acted.  This is logical; without an “official proceeding” requirement, obstruction laws would be breathtakingly broad. 

The obstruction statute cited as the biggest threat to President Trump — Section 1512 of Title 18 — defines four acts as obstruction, all of which must satisfy intent to impede an “official proceeding.” Three of the subsections — (a), (b) and (d) — are moored to overtly violent or coercive acts, such as murder, that are obviously inapplicable to President Trump.

Some argue that Trump’s actions violate subsection (b) — which addresses acts of intimidation, threats, or misleading conduct — because he “threatened” Comey. But Trump’s remarks cannot constitute a threat or intimidation punishable consistent with the First Amendment. In Virginia v. Black (2003), the Supreme Court concluded that the First Amendment permits criminalization only of “true threats,” defined as “a serious expression of an intent to commit an act of unlawful violence.”
Others insist that subsection (c) of 1512 provides a basis for claiming Trump obstructed justice. This subsection defines obstruction as the alteration or concealment of documents and other objects used in an “official proceeding,” and any other act that obstructs, influences or impedes a  proceeding. But Congress imposed higher culpability (mens rea) under subsection (c), requiring proof that the defendant acted “corruptly.”

In the obstruction case of Arthur Andersen v. United States (2005), the Supreme Court stated a “corrupt” mindset means “wrongful, immoral, depraved, or evil.” A defendant must know he is likely interfering with an official proceeding and must have the specific, evil desire to do so. There is no evidence that President Trump did this.

In fact, nothing President Trump did impeded an “official proceeding,” which the law defines as a federal court or grand jury, Congress, a federal agency, or an insurance regulatory agency. The U.S. Court of Appeals for the 9th Circuit recently ruled in United States v. Ermoian that an FBI investigation is not a proceeding before a federal agency within the meaning of the statute.  

But what about the Flynn grand jury? Expressing hope that Comey would “let Flynn go” could not, by definition, obstruct a federal court or grand jury proceeding. First, there is no evidence that a grand jury was in the offing at the time the president spoke to Comey. Grand juries are secret and Flynn told the White House that the FBI had cleared him. Moreover, on Jan. 27, 2017, Acting Attorney General Sally Yates refused to confirm any investigation to White House counsel.

More fundamentally, Trump’s comments to Comey could not affect a grand jury. The FBI  investigates and forwards findings to the Department of Justice, which has sole discretion to initiate prosecutions, including empanelling grand juries. Expressing hope that Comey would let Flynn go could no more obstruct the Flynn grand jury than telling the secretary of agriculture.

It’s time to stop the nonsense. Stretching and contorting obstruction law in a desperate attempt to justify impeachment is a political ploy, not a serious legal argument. [My emphasis, HMH]

Elizabeth Price Foley practices constitutional law in Washington, D.C. and is a professor of constitutional law at Florida International University College of Law in Miami, Florida.

Wednesday, June 6, 2018

President Reagan and the Boys of Pointe du Hoc

Worth 13 minutes on this D-Day. 

https://www.youtube.com/watch?v=eEIqdcHbc8I  

(Might have to cut and paste) 

Saturday, June 2, 2018

www.HanoiJaneSite.com


 

 “Aid and Comfort”: Jane Fonda in North Vietnam evaluates Hanoi Jane’s wartime journey to the Communist regime by measuring it against the American law of treason. It is the only book proving that Hanoi Jane could have been indicted for, and convicted of, constitutional treason.
Beginning on June 1, 2018, “Aid and Comfort:” Jane Fonda in North Vietnam will be serialized on the first and fifteenth of every month for fourteen weeks, free of charge. For further information please see www.HanoiJaneSite.com

If you believe that the harsh spotlight of constitutional treason must be shined on Hanoi Jane’s 1972 pilgrimage to America's Communist enemies, please circulate this information as widely as possible.

Copyright © 2018 Henry Mark Holzer and Erika Holzer. All rights reserved.