Thursday, May 30, 2019

Bob Mueller - Just James Comey All Over Again

Bob Mueller – James Comey All Over Again
The View from the Middle

Does anyone remember what an absolute disaster the Comey press conference was back in July of 2016. Let me remind you. This was the press conference where James Comey spent about 15 minutes on national TV publicly flogging and then, for all intents and purposes, indicting Hillary Clinton before suggesting that no reasonable prosecutor would every actually indict her. Afterwards he was soundly criticized by both sides of the political spectrum, and for good reason.

First, Comey demonstrated that he had no idea what his job was. His job was to investigate (he was the head of the FBI – Federal Bureau of Investigation) and then pass his findings to the Justice Department, who would then decide whether to indict Ms. Clinton or not. He was so out of line with his press conference that the Inspector General found him guilty of insubordination. Certainly, that is grounds for termination.

But what is worse is that Comey showed a complete ignorance of the law. He suggested that since Hillary Clinton didn’t “intend” to break the law then she could not be indicted. There are at least two problems with this line of thinking. First, Hillary had smashed her communications devices with sledge hammers and then destroyed, using BleachBit, over 30,000 emails that were under subpoena. Now, if that doesn’t prove an intent to conceal and or destroy evidence, I don’t know what does.

The second problem with his “intent” argument is that “intent” is not even a requirement of the statute that Hillary was accused of violating. Comey just made it up. So, what we found as a result of Comey’s now famous press conference is that James Comey didn’t understand the requirements and limitations of his own job AND he either didn’t understand the law or intentionally ignored it. No wonder everyone wanted him fired. And then along comes Robert Mueller.

It quickly becomes apparent that Comey and Mueller went to the same law school, probably an on-line degree from the University of Somalia, because neither seems to have a grasp of the law or their jobs. Yesterday, Mueller bumbled and stumbled through about an eight-minute prepared speech that made him look like he was guilty of something. In his press conference, he suggested that a memorandum written in 1973 stated that a sitting President “cannot be indicted”. That is NOT what the memorandum stated. It, in effect, suggested that a sitting President SHOULD NOT be indicted as it would interfere with the execution of his or her responsibilities. Also, this is not a law, but a legal opinion, which could be challenged.

His job was to find out if a crime had been committed, and he didn’t find one. Even if you apply the OLC (Office of Legal Counsel) opinion, that would not prohibit Mueller from finding Trump guilty of conspiracy or of obstruction of justice. Ken Starr used the word “guilty” eleven times in his report on Bill Clinton and Bill Clinton eventually pleaded guilty to misleading testimony and had his license to practice law in Arkansas suspended for five years. He also paid a $25,000 fine. Mueller could have done the same thing to Donald Trump, but he didn’t. Not because he was confined by the OLC policy, but because he couldn’t make the claim.

Mueller has another problem with his assertion that the OLC rule prevented him from indicting Trump. He denied that was the cause for his decision in front of at least two people, Attorney General Bill Barr and Deputy AG Rod Rosenstein, hardly a Trump fan. If he would make the same statement in front of Congress that he made today, he could very well be facing perjury charges of his own. How poetic would that be?

Finally, Bob Mueller doesn’t seem to understand the basic principle on which our entire judicial system is based. In the US, our citizens are assumed innocent until they are proven guilty of something. It’s called “the presumption of innocence”. Mueller said that he couldn’t prove that Trump was innocent. Bob, you don’t have to do that. That was not your job. While Trump is not above the law, he is not below it either. He is presumed innocent. Mueller didn‘t have to prove it.

The country is tired of the investigative rut the Democrats are stuck in. In the latest Quinnipiac poll 66% of Americans do not favor impeaching Trump, while only 29% do, and that 29% is heavily skewed towards Democrats. Interestingly, however, in a recent CNN poll almost 70% of Americans want to investigate the origins of the Russia probe. What’s good for the goose is good for the gander. I predict that when Michael Horowitz, the Inspector General, is done with the likes of Comey, Brennan and Clapper, the Democrats will be focusing on damage control instead of investigations.

Wednesday, May 22, 2019

Trump's Terrible Tax Returns

Trump’s Terrible Tax Returns
The View from the Middle

Dear reader, brace yourself because I am going to blow the lid off of the Trump tax return debate. I know who has Trump’s tax returns, all of them, and I’m going to tell you who that is. While my revelation may shock members of Congress, I don’t think it will surprise any of you. After a quick “duh” moment you will realize the folly and duplicitous nature of this whole non-issue. OK, are you ready? Here is who has all of Donald Trump’s tax returns – The IRS.

I’m sure the IRS has a team devoted to combing through Donald Trump’s tax returns to make sure he has followed the law and not done anything illegal in his business practices or in his filings. This is their job and they do not have a reputation for being lax in their duties. They are insuring that everything that Donald Trump does is within the law. And they do the same thing for all of us. If you asked me who I think would do a better job of evaluating Donald Trump’s tax returns, The IRS or Maxine Waters, I am going to say with absolute confidence that the IRS would is better equipped for that job. If Congress doesn’t like some of the deductions that Trump is taking advantage of, just change the law. They are the ones who created these loopholes in the first place.

So, if the IRS is going to determine if Trump did anything illegal, and if they will be able to do that much better than Congress, why does Congress want him to release his returns publicly? It’s simple. They want to root around through his complicated and, I’m sure, lengthy tax returns to find anything that might be embarrassing to him.

Now, for perspective, even my tax returns can be 40 or 50 pages long, depending on the year. You can imagine how long Donald Trump’s returns are. When the press and the anti-Trump coalition get the opportunity to rummage around through his tax returns, I’m sure they will be able to find something that they can twist into an embarrassment. They will not, however, find anything illegal. That is the job of the IRS. Congress and the press just want a free fishing expedition through Trump’s returns, and we all, down deep, know that is the case.

Some people will suggest that Trump is not above the law, and they would be correct. But, I’m certain that the majority of Americans will also agree that Trump is not BELOW the law. Anyone who runs for President is required to submit a financial disclosure to ascertain if he or she has any conflicts of interest. Donald Trump has done that. There is no law that requires a presidential candidate to release his or her tax returns. That is just a fact.

Now, there may be political ramifications for NOT releasing his tax returns, but this already played out in the 2016 election. Obviously, many people cared more about Trump’s potential policies than the fact that he didn’t release his taxes. That political equation could change for 2020, but I’m guessing it won’t. I’m also guessing the Trump will not, EVER, release his returns publicly. That is his prerogative. He is still a citizen of the United States with rights to privacy that we ALL have. If he can be forced to release his taxes, then any of us can be forced to do the same. Remember, any right you want to take away from Trump you must be willing to give up yourself.

Thursday, May 9, 2019

Double Vision on Racism

Double Vision on Racism – It’s What We Need!
The View from the Middle

Edmund Burke, British philosopher and politician, was the first person to suggest that, “Those who don’t know history are destined to repeat it.” The wisdom in this quote rings so true that it may be the most repeated axioms of all time used by Winston Churchill and probably every President from Washington to Obama. OK, Trump has probably also used it at some point in his 72 years on earth.

I am also a huge believer in the idea expressed in that quote. It is important for all of us to not only know but to understand the ramifications of what many people consider America’s original sin, slavery. I believe that this is the greatest country in the world with the brightest future, but we must have a double vision on race if we are going to move forward together. The first part of that double vision is understanding the past.

You could argue that slavery began in the United States, before it actually was The United States, in Jamestown, Virginia in 1619. In the first 100 years, however, it was not a massive practice. It wasn’t until 1726 that the floodgates began to burst open. In the next 100 years, from 1726 through 1825, almost 300 thousand slaves were brought here from Africa or about 97% of all the trafficking done in the history of this country. Of course, the people who were brought here had children, and by 1860 there were almost four million people living in slavery in the United States.

Abraham Lincoln officially ended slavery in America in 1863, over 150 years ago. That means that millions of African American families experienced brutal treatment for almost that same length of time. From 1726 to 1863 many slave owners did two things that would impact these people for years to come. They systematically and intentionally broke up families, selling husbands away from wives and children away from their parents. They also, for the most part, denied them an education. The purpose of this two-fold strategy was to make them more dependent on their owners and thus less likely to seek freedom and independence.

And while the next 100 years (1863 to 1964 and the civil rights act) were better, and continually improved, they were plagued by prejudice, violence and Jim Crow. All of us must not only educate ourselves on this history, but we must understand the impact that it had on many of our African American citizens even today. The destruction of the family and denial of education have been huge obstacles for these families to overcome even today, but much progress has been made.

In 1870 we finally elected the first two African American members of Congress in Senator Hiram Revels and Representative Joseph Rainey. Today we have 55 Black Senators and Representatives (over 10% of the total of 535) and we have finally experienced our first two African American Attorneys General in Eric Holder and Loretta Lynch. Under George W. Bush we had our first two Black Secretaries of State appointed in Colin Powell and Condoleezza Rice and, of course, in 2008 we elected our first Black President, Barack Obama. I actually lived through the 1950’s and 60’s and can personally testify that, while things aren’t perfect, relations are better today and are improving.

This is where the “double vision” comes in. While we need to know and understand our history, we need to focus on the future. What needs to happen for our progress to continue? Nature will have a huge influence. As Oprah Winfrey suggested back in 2013, there are people who were born into and marinated in racism, “and they just need to die”. Now, while that was inartfully expressed, she is right. It’s not that they “have” to die, like we need to go out and kill certain people, they just “will” die. This is true for offenders AND for the victims. Each new generation will be less affected by the history of racism. Just watch our young children, let’s say under 10 years old, interact with each other. There is almost a total ignorance of race, and that’s a good thing.

And while nature will provide a corrective influence, we shouldn’t stop there. We, as a society should address the two most important elements that can truly help level the playing field for the Black community, and that is “family” and “education”. According to the most recently available census data, 62% of Black families are led by a single parent, while that is true for only 26% of white families. Certainly, our government should incent families to stay together with every program they put in place. Currently our welfare and criminal justice systems do the opposite, and we need to change them.

Next, Black leaders need to send the message to young Black men and women that family stability is a key to success in this or any country. While I’m not a big fan of Louis Farrakhan, he has one good message that he continues to send to his followers – fathers, stay with your wives and children. We need more legitimate Black leaders to echo that message to their youth. Actually, this is a good message for young people of every race.

Finally, I believe that education is the great equalizer in our country today, and we need to do more than just tell our young people how important it is. We need to enable parents and students to get the best education they can. I was lucky enough to be able to send my children to private schools from grade school on, and our members of Congress are over four times more likely to send their children to private schools than the general public. I would like every family to have the same choices I had and that our politicians have.

Our government spends about $12,000 per student per year for their public school educations. Right now, that money goes, in effect, to buildings. I would suggest that we give that money to parents and allow them to spend it as they wish to send their children to whatever school they choose. They could pick whatever public school they want which would make those school compete for their students instead of the geographic guarantee they have now. Or, parents could choose a private school, and $12,000 might get these students into many private schools today. With a little assistance it could get them into virtually all of them. This is not the complete answer for every family, but it would liberate many from the failing, monopolistic system they are forced into today.

My point is, while we need to understand our history, progress can only be made in a future that we approach with purpose and collaboration. But no one gets a free ticket to this future. There are responsibilities on both sides of the fence. We need action, not rhetoric. We need cooperation, not finger pointing, and we need the hearts of our founders and not the soulless character of our current political environment. But if we can deliver the work and the cooperation and the heart, oh what a great country our children will inherit.