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Open Letter to the Trump-Pence Administration: Please Resign and Retain Some Measure of Dignity!!

September 29, 2019                          Volume 9, Issue 4                   ***** Edition

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Nixon and Agnew resigned, thus a Republican-American precedent has been set and the bar has been lowered.

The White House is now worse than the singular drama of a Teapot Dome (1920s) or a Watergate (1970s).

From campaign finance, treason, violations of the Emoluments Clause of the US Constitution, to other high crimes and misdemeanors, aside from ethics and international peace, here’s how the gun-loving D.J. Trump and homophobic Vice President Pence Administration have run afoul of the American law.

  1. Campaign Finance Violations

  2. Bribery

  3. Honest Services Fraud

  4. Extortion

  5. Witness Intimidation

  6. Obstructing Justice

  7. Conspiracy

1. CAMPAIGN FINANCE VIOLATION

It’s a crime for an American to ask a foreigner for help winning a U.S. election.

The whistleblower warned Trump appeared to be doing exactly that, in what legal experts said looks like the strongest case that Trump may have broken the law in the Ukraine saga.

“There’s a strong argument that the president’s conduct violates federal campaign finance law, although I wouldn’t say it’s a slam-dunk case,” said Richard Hasen, a specialist on election law at the University of California Irvine.

A theoretical future prosecutor would need to demonstrate that Trump sought something of value for his reelection from Ukraine’s president, and that he knew the law says he shouldn’t.

In case you forgot: Trump’s inner circle, including his son Don Jr. and the top brass of his campaign, narrowly skated past this one during the Russian investigation, after Special Counsel Robert Mueller concluded that neither of those clauses could be fulfilled.

The whistleblower warned Trump appeared to be doing exactly that, in what legal experts said looks like the strongest case that Trump may have broken the law in the Ukraine saga.

Proving the monetary value of a Biden investigation would be tricky, but expert analysis could be used to show the value exceeds the $25,000 required for a felony, said Hasen, since overall spending in the 2020 election is expected to be in the billions.

And the fact that Trump’s inner circle was investigated by Mueller for this potential crime could be used as evidence that he should have known the rules.

Hyde-Smith_Cindy-041718-Hea

A Republican Juror for Impeachment Vote in the US Senate

2. BRIBERY

Trump’s interaction with the Ukrainian president could potentially count as soliciting a bribe, former prosecutors said.

“The same law that makes it a crime to offer a bribe also makes it a crime to ask for one,” said Patrick Cotter, a former New York prosecutor who helped bring down the mobster John Gotti.

Bribery as defined by 18 USC 201 includes a public official seeking “anything of value” for influencing a public act.

“Trump has exposure for soliciting a bribe under Section 201,” wrote Harry Sandick, a former New York prosecutor, adding that bribery may be “the strongest of any of the proposed lines of charging.”

3. HONEST SERVICES FRAUD

Trump’s behavior toward Ukraine could count as honest services fraud, according to Barbara McQuade, Detroit’s former top federal prosecutor.

“The theory is that by performing an official act in exchange for personal gain, a public official defrauds his constituents of his honest services to make decisions and take actions that are in the best interests of the public,” McQuade wrote Wednesday on the Just Security blog.

Other legal experts agreed.

“I find McQuade’s argument convincing,” wrote Jens David Ohlin, vice dean of Cornell Law School, in response to an email from VICE News. “Though, as she notes, the Supreme Court has severely limited the doctrine. It would have been much easier to describe this as honest services fraud ten years ago before these Supreme Court rulings.”

My Portrait Sessions

Another Juror from a Red State

4. EXTORTION

There’s a fine line between bribery and extortion, from the law’s point of view.

The difference generally hinges on whether the person being asked for a payout is more like an accomplice, or more like a victim, Cotter said. If the person is being threatened, then it may be extortion, he said.

The whistleblower said Trump personally issued instructions to suspend almost $400 million worth of security aid to Ukraine, shortly before pressing Zelensky to “look into” Biden.

But the episode represents a close call, said Sandick, and the nitty-gritty details are crucial.

“It depends on whether Trump is seeking tangible, transferable property, like actual evidence of Biden’s crimes, or whether he is seeking something intangible (an ‘investigation’),” Sandick wrote. “Extortion has been interpreted narrowly to preclude a prosecution when the property sought is purely intangible and non-transferable.”

Extortion seems unlikely to apply to this case, given the language of the relevant federal statute, said Robert Eatinger, former acting general counsel for the CIA.

5. WITNESS INTIMIDATION

After the whistleblower’s complaint emerged, Trump called the source “almost a spy,” before apparently making a dark allusion to capital punishment for treason.

“You know what we used to do in the old days when we were smart? Right? The spies and treason, we used to handle it a little differently than we do now,” Trump said.

Afterwards, top House Democrats accused Trump of witness intimidation and of obstructing their impeachment inquiry.

“The President’s comments today constitute reprehensible witness intimidation and an attempt to obstruct Congress’ impeachment inquiry,” they wrote in a joint letter on Thursday.

But Trump has argued in the past that some of his most incendiary public comments were really just jokes, and he could do so here as well, said Sandick.

“I think that Trump would argue that he was being colorful and not actually threatening to kill the whistleblower,” Sandick said. “I wouldn’t charge it based on what we know now.”

My Approved Portraits

Senator Ernst

6. OBSTRUCTION OF JUSTICE

The whistleblower wrote that after Trump’s infamous July 25 phone call with Ukraine’s president, the White House went into “lock down.”

At the advice of White House lawyers, officials took the unorthodox step of moving records of the call into a separate system for protecting highly classified documents.

“That was very unusual,” said Larry Pfeiffer, whose career in intelligence included serving as White House Situation Room director in the Obama administration.

“The White House staff is walking on perilous ground here,” said Duncan Levin, a former New York prosecutor. “That could be a violation of obstruction of justice.”

It remains unclear who made the decision. And any theoretical obstruction charge would depend on important details, including the corrupt intent to obstruct and the existence of a pending investigation or legal proceeding.

“Obstruction is one of the harder cases to bring,” said Rocah. “You’d have to show they were covering it up not just because it looks bad, but because Congress or the DOJ was going to be looking into it.”

Yet this would hardly be the first time Trump’s been accused of obstructing justice. Mueller’s report outlined multiple instances of obstructive behavior, in evidence so damning that over 1,000 former prosecutors signed a joint letter stating that anyone else would have been charged.

The president can’t be indicted while in office, according to DOJ policy, and Mueller said that meant he couldn’t reach a final decision on whether Trump committed obstruction.

7. CONSPIRACY

Reaching an agreement with others to commit any of these other crimes would set up the possibility of a conspiracy charge.

“A conspiracy is just folks getting together to commit a crime,” said Cotter. “You could potentially have conspiracy to commit honest services fraud, conspiracy to obstruct justice or conspiracy to solicit a bribe.”

A conspiracy charge requires not just an agreement, however, but also at least one overt act.

That’s not easy to prove. Mueller, for example, evaluated whether to bring conspiracy charges against members of the Trump campaign for participating in Russia’s election interference activities, but ultimately decided the evidence was insufficient to prove the case beyond a reasonable doubt.

“There’s a strong argument that the president’s conduct violates federal campaign finance law, although I wouldn’t say it’s a slam-dunk case,” said Richard Hasen, a specialist on election law at the University of California Irvine.

A theoretical future prosecutor would need to demonstrate that Trump sought something of value for his reelection from Ukraine’s president, and that he knew the law says he shouldn’t.

In case you forgot: Trump’s inner circle, including his son Don Jr. and the top brass of his campaign, narrowly skated past this one during the Russian investigation, after Special Counsel Robert Mueller concluded that neither of those clauses could be fulfilled

Proving the monetary value of a Biden investigation would be tricky, but expert analysis could be used to show the value exceeds the $25,000 required for a felony, said Hasen, since overall spending in the 2020 election is expected to be in the billions.

And the fact that Trump’s inner circle was investigated by Mueller for this potential crime could be used as evidence that he should have known the rules.

Even Fox News legal analyst Judge Andrew Napolitano thinks the evidence looks strong against Trump on this one.

“Trump apparently personally and directly committed the crime for which he claimed Mueller exonerated him,” Napolitano concluded.

The Department of Justice, however, said that after reviewing the record of Trump’s Ukraine phone call, it found “there was no campaign finance violation and that no further action was warranted.”

That decision has been criticized by legal experts.

Read: Trump’s Ukraine Scandal Is Also Attorney General Bill Barr’s Scandal

“It doesn’t sound like they interviewed the whistleblower or anybody involved,” said Nick Akerman, a former member of the Nixon-era Whitewater prosecution team. “They didn’t really do a criminal investigation. The whole thing was just put under the rug.”

Thanks to Greg Walters of The Week for this reporting.

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Which State Does this Senator Represent?

Indeed, the mere fact that there is so much corruption prevents any single episode … but it is the totality that matters. A corrupt ‘miasma’ has enveloped Washington. For generations, both parties upheld that the government would abide rules, laws, and norms dividing from all presidents’ personal and political interests.

The norm of bureaucratic professionalism and fairness is a pillar of the political legitimacy and economic strength of the American system, the thing that separates countries like the U.S. from countries like Russia, North Korea, Saudi Arabia, and China The decay of American culture is difficult to quantify since 2017, but the signs are everywhere. ‘Trump’s stench’ is slowly seeping into every corner of government.

To be sure intimidating a novice foreign leader and threaten to weaken Ukraine’s national defenses, dovetails neatly with Trump’s pro-Russian stance. Fact: The N.Y. Post reports that Trump is using the aid, which enjoys bipartisan support, as an extortion device.

By conscripting foreign countries to rough up U. S. citizens and domestic political rivals, Trump has been fracking new ground.

During the ’16 presidential campaign, Trump denied concerns about the unprecedented conflicts of interest that would arise from him running a business – at the same time he wields enormous international power. Republicans in Congress have behaved with no concern whatsoever about Trump’s corruption, refusing to take even modest steps like compelling the release of his tax returns, which he had three years ago promised to reveal.

“… Corrupt the Entire Government”

By Jonathan Chait -From the New Yorker Magazine – 9-9-2019

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The following by David A. F. N. Dailey – The Sun Chronicles – September 23, 2019

 

As my Mom would say, “This president is killing me.”

 

It is worse than University of Notre Dame Band getting beat up by the #3 University of Georgia football team. Both behaviors are criminal. They say the POTUS cannot be indicted for criminal acts.

 

Ivanka Trump‘s father is more interested in a good photo opportunity than protecting my family and friends from death. I am comforted that we presently do not have any young adults serving in the military under DJ Trump’s command.

 

I wish Ivanka Trump and family would do an intervention and get their father to resign; even Nixon and VP Spiro Agnew were able to resign with some dignity.

 

Dailey Sun~Chronicles “News You Can Use” “No Rumors, No Fakes, Just the Facts, Jack!” “All the Good News”

 

Volume VII, Issue 24                                   10 – 24 – 2018                         ***** Edition

What Has Been Happening in America

 

This issue is a tribute to my dear daughter and birthday girl.

October 24th also happens to be the annual anniversary of United Nations Day.

 

Along the North Atlantic Coast . . .

Dateline: Norfolk, Virginia

A woman reports to police that a man broke into her home, made them breakfast, took a shower, and washed his clothes.

Dateline: Washington, D.C.

The Trump Administration announces plans to reduce taxes for middle-class, build the Mexican Wall with Saudi Arabian blood money, give Ivanka Trump designed and Chinese-made goods to African Americans, and not to ever lie or mislead Americans.

Dateline: Greenville, S.C.

Police caught a student with a knife that she used to snort cocaine before class.

Dateline: Greenville, N.C.

Police sought treatment for a pit bull who dug up a loaded .38-caliber pistol.

Dateline: Lehigh Acres, Florida

Senior found dead with his head stuck in an electric car window.

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In the North American Wild West . . .

Dateline: Gunnison, Utah

School district brushed aside a claim of sexual abuse as a case of “boys being boys.”

Dateline: Los Angeles, California

A former Republican congressional aide, Michael Kimbrew, has received a sentence of 18 months in prison for accepting a $5,000 bribe.

Dateline: Laramie, Wyoming

“The World Needs More Cowboys” is the battle cry of the University of Wyoming’s half a million-dollar marketing campaign.

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witch
                                                                           

Remembering the “Witch Hunt”

This Halloween Week

 

In the American Heartland . . .

Dateline: Willard, Ohio

Two men who hopped a freight train were arrested after they phoned 911 to report that their train was moving too fast.

 

Dateline: Marquette, Michigan

The county accepted a $65K grant to keep an eye on the U.S. – Canada border.

 

Dateline: Peru, Indiana

State Police busts have netted what they call “Donald J. Trump-shaped” ecstasy pills.

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Elsewhere in the United States of America . . .

Dateline: Kansas City, Missouri

Over 70 community and religious leaders are requesting that all politicians stop vilifying immigrants.

 

Dateline: CNN

Debate continues about the deep meaning of the president’s chosen vocabulary particularly during his rallies. The Washington Post and others have lost track of how many instances of misinformation, falsehoods, and lies have been promoted.

 

 

 

copyright MMXVIII – Max’s Scout Services & Communications of the Americas, LLC –

“The San Dailey Sun~Chronicles”

Just a Thought: A Reflection on Republican History – Avoiding a Constitutional Crisis, Preserving the Republic, and Fostering World Peace

Could the Republican Party do the U.S. and the world a favor?

May we take a lesson from history?

It was done during the 1970’s.

In the name of the party of Abraham Lincoln and by the grace of God, can it happen again?

(1) The Speaker of the House of Representatives changed prior to the mid-term election of 1974, with a presidential election looming in 1976.

(2) The dishonorable Vice President (Spiro Agnew / like Mike Pence) was replaced.

(3) The sitting President (RMN) resigned with some dignity and many accomplishments.

(4) The Vice President (Gerald Ford) seamlessly assumed the Presidency.

(5) A respectable Vice President (former New York Governor Nelson Rockefeller) was selected.

(6) The U. S. House of Representatives democratically elected a new Speaker of the House (who follows the VP as next in-line to succeed the President of the United States of America (POTUS)).

Given the Trade War, military conflicts, resignation of today’s Speaker, and recent alliance of Russia – China – Syria, perhaps Americans should pursue the best options.

So help US God.

Go Indy Colts !

copyright MMXVIII

~ Max’s Scout Services & Communications of the Americas, LLC ~

[ not necessarily for musement only ]