Roberts Ran Out the Clock on Emoluments

January 25, 2021 By: El Jefe Category: Emoluments Clause, Trump

SCOTUS just tossed two lawsuits against Trump for using his presidential office to enrich himself.  He had lost in the lower courts, so appealed to the SCOTUS.  The cases essentially asserted (correctly) that companies and foreign governments who wanted something from the US government would patronize the Trump Hotel or one of his resorts to get favorable treatment.  Trump was well known for doing favors for people who filled his pockets with money.  Having lost in lower courts, Trump appealed to the SCOTUS last summer.  Roberts ran out the clock and tossed the lawsuits today.  The reason?  Trump is no longer president, so the case is moot.  That’s like saying, “Yes, Mr. Smith did, in fact, murder Mr. Jones over a business dispute.  But since Mr. Smith is now retired, and the business is closed, the case no longer applies.”  Sorry Ms. Jones.

When Politicians Get Away with Murder

June 22, 2019 By: El Jefe Category: Corruption, Trump

In 1974, Richard Nixon resigned in disgrace to avoid being impeached and removed from office for obstruction of justice.  New shiny new president, Gerald Ford, pardoned him of any possible federal charges immediately after taking the oath of office citing that it was in the best interest of the country and “a tragedy in which we all have played a part. It could go on and on and on, or someone must write the end to it. I have concluded that only I can do that, and if I can, I must.”  Nixon walked and lived out his life out in isolation in San Clemente.

In 1998, Clinton was impeached by Republicans in the House for obstruction of justice (for lying about sex), but the Senate failed to convict.  Clinton’s popularity actually rose during the proceedings and the impeachment hearings ended up hurting the GOP in the subsequent mid-term election.

From 2002 through 2008 George W. Bush and Dick Cheney led one of the most lawless periods for the executive branch in US history, prosecuting the “War on Terror” by terrorizing millions of innocents, killing hundreds of thousands of people, detaining thousands without charges, kidnapping and torturing, and killing thousands more remotely by drone.  That’s not to mention the war profiteering and mass surveillance of millions of Americans.  President Barack Obama refused to allow any investigations of the Bush Administration, sweeping 7 years of crimes against humanity under the rug saying, “We need to look forward as opposed to looking backwards.”  Bush, Cheney, and the rest of the sorry lot walked, most into lucrative speaking and lobbying gigs.

So.  Bad conduct, lawlessness, violation of human rights laws, obstruction of justice, and profiteering don’t matter anymore, especially after internal DOJ memos of 1973 and 2000 opined that the President of the United States cannot be indicted for a federal crime while in office.  These memos are just another nail in the coffin of our democracy, giving a criminal like Trump free reign to plunder and pillage the US government, allies, other foreign governments, US industry, farmers, religious devotees, workers (especially union), children, migrants, and the poor with impunity.  Surely, there’s a special place in hell for the sumbitches who came up with that stupid policy that led to the catastrophe playing out on our televisions on a daily basis.

The Founders feared corruption in the executive branch as a critical threat to our democracy.  That’s why they inserted the Emoluments Clause, (Article I, Section 9, Paragraph 8), that forbids federal officials from receiving money, gifts, and titles from foreign governments.  They also inserted Article II, Section 4, which provided for the impeachment and removal of a corrupt president or vice president.  The problem?  Our elected gerrymandered representatives don’t give a shit about us.  Our Senators are drunk with power (or just trying to hang on), and corruption is consuming the very core of our democracy.  The Supreme Court has become a cancer on the rule of law, infested with deplorables who believe that money is speech, unlimited money does not corrupt, and that individual liberty is subject to corporate power and permissions they grant.  And all this set the stage for…

Trump.  Trump is the president the Founders dreaded.  Trump is the president we all feared.  Trump has destroyed our norms of conduct and common decency, ignored our laws, and exuberantly claimed the WH, the US government, our society, and the global economy for himself.  He’s too stupid to actually govern, but smart enough to line his own pockets.  And he’s mean; cruelty and revenge are hallmarks of his infestation of the Oval Office.  Yet, we do nothing. NOTHING.  Our decades long practice of looking the other way in the face of felonious conduct has now come home to roost.  Past presidents and congresses have demurred in the face of abject corruption, and this is what we get.  Who do I blame?  I blame everyone…Nixon, Ford, Clinton, Bush, Cheney, Obama, Gingrich, McConnell, and yes, absolutely Trump.

All these sumbitches let us down, and now we, as individual Americans, are threatened…threatened with the undoing of over 230 years of democracy and the greatest experiment in the history of free people.  Politicians know they can urinate all over our laws and society and there is no price to pay.  Trump understands this…McConnell understands this…they’re raking in millions and millions of dirty dollars as our justice system does nothing.  Our representative form of government atrophies while our leaders do nothing.

Such is the price of complacency and corruption.  The Founders saw Trump coming.  The problem is that those who followed took the easy route and let him come.  Now we’re paying the price.

Justice Department Now Counsel to the President

June 05, 2019 By: El Jefe Category: Emoluments Clause, Trump

In a shocking shift that is now appearing complete, the DOJ has morphed from law enforcement to protect the United States to DOP (Defense of the President) against the United States.  Starting under Jeff Sessions, and driven home under Bill Barr, the DOP has turned over 150 years of Constitutional law on its head.  Up until 2 years ago, the DOJ strictly interpreted the emoluments clause, even extending it beyond the president to others in the federal government from receiving ANY funds or gifts from a foreign government.  No more.  After several lawsuits were filed asserting that Trump receiving funds from foreign governments through his hotels and golf courses, his lawyers said that this is perfectly OK since those funds are received by his company in a “commercial” transaction.  They interpreted the emoluments clause as meaning direct payments to the president for actual action from the president; in other words, directly paid bribes.

The DOP has now adopted that very same position, turning 150 years of precedent on its head.  Now that the DOP is 100% Trumpland, along with the Senate, the courts are our only hope, but even that is now corrupted with the radical judges that Trump has succeeded in getting seated on the SCOTUS after McConnell stole a seat in 2016.  The result is that We the People are now completely exposed to Trump’s corruption.  The executive branch is broken; the DOP is corrupted and now representing Trump personally; the legislative branch is broken with the Senate in Trump’s pocket; the SCOTUS is corrupt with grossly unqualified judges political operatives sitting on the court.

What’s needed is nothing short of a complete overhaul of the laws, traditions, and statutes surrounding governance of all three branches of the federal government from campaign finance to ethics rules to term limits for EVERYONE.  Beto has just presented a plan for a constitutional amendment that limits house and senate members to 12 years, and SCOTUS judges to 18.  I would say that’s a good start.

 

I’m Tired

December 31, 2018 By: El Jefe Category: Impeachment, Lie, Trump

As we roll into the new year, a few observations:

As of this moment, we have no Attorney General, no White House Chief of Staff, no Interior Secretary, no Director of the EPA, the Secretary of Education is a religious nut trying to destroy education, the VP is a religious nut who believes women should be subjugated, the Secretary of State is a political hack helping cover up the murder of a Saudi journalist, the Director of National Security wants to bomb Iran, 18 countries have no US ambassador (including Australia), half of the positions in the State Department remain unfilled, the stock market is down almost 3,000 points, China now owns Pacific rim trade, the US is the only major power to NOT be in the Paris accords, the entire world is either terrified or laughing at us, and the president has shut down the government for the last 10 days over his 5th century solution to a 21st century problem. Notice I didn’t mention anything about everyone convicted, in jail, or on the way to jail, or Trump’s current average of telling over 500 lies per month.

This is great? Are we tired of winning yet?

I’m just tired.

Happy New Year

#myattorneygotarrested #pleasetellmethisisanightmare #ITMFA #gotemoluments? #trumpresign

Judge Allows Emoluments Suit to Continue. And Nobody Noticed.

March 29, 2018 By: El Jefe Category: 2016 Election, Trump

Remember when the State of Maryland and Washington DC filed suit against Trump for violating the Emoluments clause of the Constitution for failing to separate himself from his hotel properties?  I do, but the media gave it passing coverage, and Trump’s henchmen dismissed the suit as frivolous.  And, a Trump devotee within the government inexplicably said that Trump was violating no laws with his continued ownership in the hotel.  Well, on Tuesday, it go more real.  The Justice Department, protecting Trump, filed a motion in federal court to get the case tossed.  U.S. District Judge Peter Messitte in Greenbelt, Maryland refused to toss the case, but did limit it to Trump’s new hotel in DC, where it is well documented that everyone, foreign and domestic, wanting to curry favor with Cheeto Jesus, is flocking to the hotel.

Now that the case can go forward, there will be discovery that will delve into how foreign governments are funneling money into Trump’s pocket through his hotel, and potentially catastrophic for Trump and his crowd.  The news coverage?  Light at best, non-existent generally.  With the Stormy Daniels case now gaining traction with its salacious details, the Constitutional case moves forward, and almost nobody noticed.

Note:  Even as I write this, MoJo just started discussing it on MSNBC.  LOL.