Monthly Archives: April 2018

“Special Prosecutor”

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The 9th Circuit has appointed one to “investigate” President Donald Trump’s pardon of ex-Sheriff Joe Arpaio last summer.  This was done in response to the fiction offered the court by the Perkins Coie law firm that the pardon, an explicitly named power of the President under Article II, Section 2, is somehow unconstitutional and a violation of due process.

Never mind that the due process—to the extent this…claim…is relevant to the matter of pardons—was supplied by the prior trial and conviction of Arpaio, a trial without which there would be no pardon to grant.

9th Circuit judges William Fletcher and Wallace Tashima, making their own claim that their Circuit “needs ‘the benefit of full briefing and argument’,” of the legitimacy of a President’s Constitutionally authorized pardon, appointed their “special prosecutor.”

Two things must flow from this usurpation of Executive Branch power.  One is that the Senate must get off its collective duff and confirm Trump’s nominees to fill the 9th Circuit vacancies.

Separately, judges William Fletcher and Wallace Tashima have violated their oaths of office, which include a promise to support and defend the Constitution. As they’re no longer hold[ing] their Offices during good Behavior, they need to be removed from the bench.

From the DNC’s Lawsuit

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Recall that the Democratic National Committee is suing the Trump campaign, the Russian Federation, Wikileaks, and several of their brothers and uncles over the hack of DNC emails and the DNC’s loss of the 2016 elections.

Here, via The Wall Street Journal, is a brief excerpt to the DNC’s filing along with my perhaps rude comments.

V. THE SIGNIFICANT HARM INFLICTED UPON PLAINTIFF

135. The illegal conspiracy inflicted profound damage upon the DNC. The timing and selective release of the stolen materials prevented the DNC from communicating with the electorate on its own terms. These selective releases of stolen material reach a peak immediately before the Democratic National Convention and continued through the general election.

This is bogus.  The release (the timing of which is wholly irrelevant) went alongside DNC communications “with the electorate;” it did not prevent anything.  The DNC easily could have refuted the claims in the release, point by point.  Oh, wait—how does one refute claimed statements, when the statements are plain for all to see?

It’s also highly suspicious that, when the FBI sought access to the hacked servers, from which the “stolen materials” were stolen, the DNC denied the access.  Why would the DNC not want the cops to investigate the crime it claims was committed, and the hackers caught and prosecuted?

136. The timing and selective release of stolen materials was designed to and had the effect of driving a wedge between the DNC and Democratic voters. The release of stolen materials also impaired the DNC’s ability to support Democratic candidates in the general election.

See above.  In addition, the wedge was driven by the DNC leadership, who were busily stacking the race against one of the candidates—a stack against which “Democratic voters” would have demurred from the jump had they been permitted to know the bias was being acted on before the hack and release.

A question the DNC, even now, has declined to address: had Bernie Sanders won the Party nomination despite the leadership’s best efforts, would they have supported him with the same level of effort and zeal they did the candidate they had designated as the Party nominee before the primary campaigns?

137. The public release of stolen DNC materials was enormously disruptive to the convention, undermining the party’s ability to achieve unity and rally members around their shared values. The release cast a cloud over the convention’s activities, interfering with the party’s opportunity to communicate its vision to the electorate.

Again, bogus.  What was disruptive and undermining was the plain dishonesty of DNC leadership and its having been caught in its attempt to fix the election.  Besides, Sanders worked very hard, and successfully, to bring the Party together for the general election, despite the leadership’s having so thoroughly cheated him.  This beef has no actual damage done.

A DNC Lawsuit

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The Tom Perez and Keith Ellison-led Democratic National Committee is suing the Russian government, the Trump campaign, and WikiLeaks, claiming the three acted to mess with the 2016 elections.

Bring it.

I have two comments on the suit.  One is, admittedly, purely cynical.  The Trump party should refuse any attempt to settle the suit.  Instead, they should force the thing into court and through all appeals brought by the DNC, and they should use every hour of any time periods allowed to produce this or that document, brief, what-have-you for the court.  Use up the DNC’s money.

The other comment is more serious and more straightforward.  Discovery should be fun.  Let the Trump party have all of the DNC’s servers and contents for inspection pursuant to this suit so they can look for evidence of the interference.  Included in that discovery must be those DNC servers and contents that the DNC claims were hacked and which the DNC refused to allow the FBI to inspect at the time in the FBI’s search for evidence.  In addition to the servers and contents, the DNC should be required to provide all the steps it took to preserve that evidence from the time of the hack.

The Comey Memos

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The memos can be read here.  Aside from all the commentary on the memos’ content, a couple of other things jump out at me.

One is the level of classification: SECRET/NOFORN.  Comey noted at their start that he was unsure of the memos’ classification, so he marked them SECRET and invited his addressees to correct that as required.  One or more of them considered NOFORN—nor for foreign viewing, even if otherwise cleared to the level of secrecy; this is an addendum that gets added to unclassified material, too, on occasion—to be a suitable addition.  Reading around the redactions, this seems an obvious need.

The bigger deal though, is the amount of redaction that actually was done.  Out of 15 total pages of memos, some 34 lines had something redacted, and most of that was just a couple of words or a short phrase.  That little bit didn’t take all this time and the threat of a subpoena to get the memos marked and released to the House committees demanding them.  That emphasizes the question of what the FBI was trying to hide with its intransigence in stonewalling the release.

And that raises another question in my pea brain: having read the memos, there’s nothing in them that should have caused embarrassment to the FBI.  So: what else is the FBI hiding, what is it holding back that we haven’t heard about?

A Teachers Union Strike

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There have been teachers union strikes in Oklahoma, Kentucky, and West Virginia, and now there’s one set to go off later this week in Arizona.  Readers know my disdain for union strikes generally: they’re nothing but legalized extortion—”nice business you got here.  Be too bad if something were to happen to it.  Like, say, it’s destroyed because nobody works here anymore.”  It isn’t possible to negotiate when the other party is sticking a gun in your ear—even if it’s “just” a metaphorical gun.

But it’s especially despicable when it’s a teachers union strike.  These persons are using children as hostages to back up their extortion.  And the Arizona one is all about ego and hurt feelings.

Lynn White, a high school biology teacher in Gilbert, AZ:

People feel like the state doesn’t respect the job we do as public school teachers[.]

Never mind that respect comes the way any honest American gets it: by earning it with actual deeds.  It certainly doesn’t come because this or that person, or collection of them—think they’re special.  And in the case of public school teachers, those deeds are how well they teach, as demonstrated by the quality of their graduated students.  And that’s not very high (scroll down the table at the link to see Arizona’s bad and worsening performance in 4th grade math).

Arizona should replace the strikers en masse with substitutes and insist on actual teaching performance.