Category Archives: Justice Department

the “elite industrial complex” at work

What Elie Mystal calls the “elite industrial complex” has already started, before the election(which the Democrats are convinced they are going to win) to make the case for allowing Trump and the Republican crime family escape accountability for all the crimes they have committed not least of which is an attempt to subvert democracy and turn this into an authoritarian kleptocratic state.

We wouldn’t even have a crime network running the government, had we a functioning criminal justice system for white collar, corporate and political criminals.  Just take your pick from the various scandals and crimes the Trump family has been accused of (  sexual assault against women, including marital rape; defrauding the U.S. government through racial discrimination in housing; tax fraud; consumer fraud through Trump University; tenant intimidation; bankruptcy fraud; use of undocumented workers, including models; casino fraud; antitrust violations; money laundering; refusing to pay workers and contractors; charitable foundation fraud through the Trump Foundation; various frauds and scams related to ties with organized crime).  As Jeff Wise has written in the New Yorker:  “His entire life, after all, is one long testament to the power of getting away with things, a master class in criminality without consequences..”

But the elite industrial complex has already started working over time to pave the way for minimizing, normalizing and burying Trump’s crimes.  

On October 16, the Washington Post published an astounding article by Jill Lepore who claimed to be responding to a suggestion by Chris Hayes that “if we survive this” (meaning the Trump administration,) we should establish a truth and reconciliation commission.  She noted that NPR did a piece about a truth and reconciliation commission the same week.

“This is a terrible idea.” She wrote. 

Lepore then reminded the reader that this country has a tradition of a “peaceful transfer of power” and of conceding an election “without violence.”  What she didn’t point out was that there is nothing, nothing about a truth and reconciliation commission that implies a non-peaceful transfer of power or a resort to violence.  Lepore is, therefore, objecting to something that has never been proposed, setting up a straw man to knock it down.  This is how she starts.

Lepore then goes on to quote Thomas Jefferson.  “If there be any among us who would wish to dissolve this union or to change its republican form, let them stand undisturbed as monuments of the safety with which error of opinion may be tolerated, where reason is left free to combat it.” 

Lepore is arguing that the crime spree that has taken place in the past four years, calls for violence, threats not to allow an election, reminders by the likes of Mike Lee of Utah that the goal is not democracy, are just errors of opinion.  No.  These are not errors of opinion.  Shaping foreign policy to fulfill your own personal agenda and financial interests instead of that of the country is not an “error of opinion.”  Soliciting a bribe from the leader of another country, proposing to release public money in exchange for dirt on a political opponent is not an “error of opinion.”  I could go on for pages if not books in this vein, but you get the point.  Only an imbecile or a propagandist would call these errors of opinion.

The quote itself ends with a phrase that contradicts Lepore’s premise.  Jefferson says to let these folks stand undisturbed “where reason is left free to combat” their wishes to dissolve the union or change its republican form.  But, reason is not free to combat this effort at replacing a democratic system with an autocracy.  We have Fox News churning out propaganda 24 hours a day.  We have social media promoting the worst, most base fear mongering propaganda 24 hours a day.  No.  Reason is not “left free to combat” the threat.  So the quote Lepore’s using contradicts the argument she is advancing.

Lepore then quotes Justice Robert Jackson, chief counsel for the U.S. at the Nuremberg trials.  “The wrongs which we seek to condemn and punish have been so calculated, so malignant and so devastating that civilization cannot tolerate their being ignored, because it cannot survive their being repeated.”

Once again, Leopre’s own quote belies her entire argument.  The crimes and attacks on democracy and justice by the Republicans have indeed been “calculated,” “malignant” and “so devastating that civilization cannot tolerate their being ignored.”  And, democracy “cannot survive their being repeated.” 

I am not at all convinced that Joe Biden will even win the election.  The Republicans have been working for decades to install a system of voter suppression, stuffing the courts with right-wing religious zealots, voting system manipulation, data mining through social media (Cambridge Analytica) and legislation that erodes voting rights.  They have too much to lose to allow a Biden win and I do not think they will do so.  And withe Supreme Court packed with right-wing ideologues who have no respect for the law, I doubt we will get another chance to hold a fair election.

Lepore goes on to assert that Trump was elected in a “fair election.”  But, there is evidence that this is not the case.  A former president of the United States, Jimmy Carter, an expert in election security, has said as much.   We have indictments of Russian nationals who hacked computer systems.  We have a Mueller report that details the handing over of computer voting information to the Russians by Paul Manafort.  And, this is just the tip of the iceberg.  Lepore self-righteously asserts that truth and reconciliation commissions don’t take place after democratic elections.  Well, that may well not have been a democratic election.

And, then, idiotically enough, Lepore just asserts, without question, that we can trust “investigative journalism, a functioning judiciary, legislative deliberation and action and dissent” to solve any problems caused by the crime spree of the last four years.

Well, investigative journalism is the first thing to go in newsrooms taken over by conglomerates and has been gutted.  We certainly don’t have investigative journalism from television networks that are owned by corporations.  The Republicans have worked for decades to stock the courts with ideologues who have no respect for law, but for dogma and some of whom have even been deemed incompetent by their own Bar Association.  Mitch McConnell bragged recently on Fox News that he totally blocked any legislative agenda the Obama administration had in the last six years Obama was in office.  And, we just had an impeachment process where Republicans in the Senate voted not to even hear evidence against the President, let alone convict him.  Dissent has been met with violence and illegal surveillance of the protestors, and Lepore is suggesting we rely on people protesting during a pandemic.

In short, this essay is idiocy and the fact that the Washington Post published it is a travesty.  But, as Elie Mystal notes, it’s the “elite industrial complex at work.”  Rick Stengel was on MSNBC waxing poetic about the “lovely” way in which the Biden campaign refused to engage in recriminations.  And, Joe Biden is part of this complex.  As Lepore points out, Biden has already said that pursuing charges against Trump officials is “probably not very…good for democracy.” 

“We are facing too many crises, we have too much work to do, we have too bright a future to have it shipwrecked on the shoals of anger and hate and division.”  This was Biden at Gettysburg, delivering a speech that had been carefully crafted to make the case for unilateral surrender. 

So, Biden and the “elite industrial complex” like Lepore will work to convince us we just have to engage in “self-reflection.”  Sen. Cory Booker thinks what we need is a “return to civic grace.”

Leopore ends with the statement: “Lock him up” cannot be the answer to “lock her up.”  What she fails to see, however, is that one of them is guilty and the other is not.

OPENING SUBMISSIVE STATEMENT: AMY CONEY BARRETT: HANDMAIDEN OF OPPRESSION

Just note the phrases of submission, of deliberate non-threatening language in the opening statement of ACB. The play here is: Look, this is a soft-spoken, non-threatening, non-intellectual mom, home, apple pie person. How could you be afraid of this? But, make no mistake about it, this woman is the handmaiden of oppression.

Statement:

“I thank the President”  “my family” “I thank” “I am especially grateful” “it has been a privilege” “my family” “my husband” “have been married” “he has been a selfless” “marriage”  Marriage “is easy.”  “far luckier in love than I deserve.”  “parents” “wonderful children.” “parents” “her parents’ “love” “liberal arts” “brought him home” “happy-go-lucky”  “kind” “our delight” “loves watching movies” “mom” “siblings” “dearest friends” “happy” “so grateful” “my parents” “my parents” “life of service, principle, faith and love.”  “grade-school spelling bee” “Dad sang” “devoted teachers” “high school” “literature class” “my first presentation” “Breakfast at Tiffany’s” “feared I had failed” “my professor” “filled me with confidence” “mentor” “degree in English” “passion for words” “legal mentors” “my first job” “continues to teach me” “he is cheering me on”  “from his livingroom” “taught me” “devoted to his family” never let the law define my identity” “discussed the issues with my colleagues” “remain mindful” “I read every word from the perspective of the loosing party” “one of my children was the party””I would understand” “fairly reasoned” “deeply honored”  “sacrifice, particularly from my family” “believe deeply” “humility” “with appreciation” “I was nine years old” “grace and dignity” “When I was 21 years old” “just beginning my career” “forever grateful” “honor of a lifetime” “valued colleague” “I might bring a few new perspectives” “first mother of school age children” “only sitting justice who didn’t attend law school at Harvard or Yale.”  “Maybe I could even teach them a thing or two about football.”  “I would like to thank” “reached out with messages of support” “I believe in the power of prayer” “so many people are praying for me.”  “I pledge faithfully”

The Supreme Court is a nightmare.

Women, just think about where we are. This statement was not an exposition of brilliant legal reasoning. Instead, it was a woman displaying stories about her children, her husband and how wonderful he is, how she might teach men on the Supreme court something ABOUT FOOTBALL. What a f…ing embarrassment. Disgraceful.

MORNING RUNDOWN: Belarus, Putin, DoInJ; Barr, Post Office, RICO, “The Chickenshit Club”

joe biden

MORNING RUNDOWN

  • Widespread protests continue in Belarus. Protests have been happening in the major city of Khabarovsk for weeks after Putin “removed a popularly elected governor and replaced him with a hand-selected loyalist.  Putin is now in the position of allowing Lukashenko to flee to Russia (as he did with Yanukovych in Ukraine) and gobbling up parts of Balarus, or does he modulate his interference.  https://www.washingtonpost.com/outlook/2020/08/15/putin-lukashenko-belarus-russia/
  • The Department of inJustice: The case against a company  charged with conspiring to defraud the government by orchestrating a social media campaign to interfere with the 2016 election was dropped in March by the Barr Justice Department.  This was a prosecution that had been pursued for two-years and was dropped weeks before the case was to come to trial. https://www.washingtonpost.com/politics/2020/04/08/foreign-hackers-have-made-it-harder-us-prosecute-them
  • David Plouffe, along with others stress that the destruction of the effectiveness of the Post Office, is an emergency (see also Jesse Eisinger). He recommends prime-time hearings, now; subpoenas to Trump WH and other officials.  “This is a RICO case,” says Plouffe. Twitter  From the Democrats, silence, strongly worded letters.
  • Lest we Forget: Don McGahn is the nephew of mafia attorney, Pat McGahn, who brokered the AC Taj Mahal land deal between Donald Trump and mob boss, Little Nicky Scarfo.
  • Jesse Eisinger’s book “The Chickenshit Club” is one of the most important books in understanding what is happening with the Republican party and the Trump administration. Tweet (8/16/20)  “…cutting government and then pointing to a crippled government as proof that government doesn’t work has been a Republican strategy for 40 years.”  Republicans who are surprised at the inaction of the federal government in the pandemic and at the dismantling of the post office have not been paying attention to the policies of the Republican party they have been voting for.
  • Fascism not only “can happen here” it “has happened here.”  There have been other fascist movements in the United States.  Also, the Republicans are using flaws in the system to establish this Christian Nationalist authoritarian state.  Hint: Trump didn’t think of these flaws himself.     https://www.alternet.org/2020/08/expert-explains-how-trump-has-exploited-our-legal-infrastructure-to-advance-true-fascism-in-america/
  • Biden is already caving on health care for Americans. Democratic operatives tell “The Hill” that the most likely strategy is to “fix” Obamacare without providing a public option.   This is just one example of what a Biden/Harris administration will be like.  There will be repeated caving to corporate interests and the abandoning of the people they are begging to vote for them now.  “Powerful health care industry groups, ranging from drug companies to health insurers to hospitals, are strongly opposed to a public option, worried about its impact on their bottom line, and would fight any legislative push on the subject next year.  The industry is instead pushing the idea of a more modest ObamaCare fix that does not include a public option.”
  • https://thehill.com/policy/healthcare/511909-battle-looms-over-biden-health-care-plan-if-democrats-win-big

 

 

Ring of Fire Podcast: Sam Seder – Barr Hearings and Democratic Party Platform

sam seder

Turn off the corporate media and listen to a really good podcast on Ring of Fire with Sam Seder as he talks about the Barr hearing and interviews John Nichols.

Podcast

 

 

The Barr Hearings: That’s Why my Stomach hurts

barr

     Bill Barr, after being threatened with a subpoena by Jerry Nadler’s Judiciary Committee, appeared before the House on July 28, 2020.  There was no reason for anybody who has watched Barr with increasing outrage and fury, as he has politicized the administration of justice in this country, to hold out much hope that these hearings would reveal much. 

Democrats are hopeless at taking on people with even moderate intelligence in a hearing setting.  They refuse to adopt an aggressive approach to Republican authoritarians.  They are so concerned with being “nice” or “polite” or “well mannered,” they never anticipate the depths of obfuscation and bad behavior to which the Republicans are willing to sink.

     When I switched channels over to MSNBC from TCM where I had been contemplating hiding in escapism for the duration, there was nothing but noise, loud, irritating, obnoxious noise.  Then, the camera switched to a screen inside the committee hearing.  On this screen was a video, displaying images of protesters, tear gas, confrontation, people pounding at fences.  What?  Isn’t this the Barr hearing?

     It was the Barr hearing.  What was going on was that bad-boy Jim Jordan, the crazed ex-wrestler who refused to report his colleague for sexual abuse, had introduced as an “opening statement” a long, selectively edited campaign video purporting to give an accurate representation of the protests occurring in various cities in the United States.  The video employed one of the right’s main strategies, fear, creating fear and therefore anger in their base.  That’s what Fox News does 24/7. 

If you watched the video divorced from any other news, you would think the country was descending into total chaos and violent anarchy.  That is exactly what the Republicans wanted to portray.  They spent the rest of the hearing, pounding home the point and punching the key words over and over – protest, chaos, anarchists, violence, crime, hate…”my constituents are afraid.” As usual, the Republicans had all been briefed on the key words to use during the hearing to drive home the point.  Like faithful soldiers, they complied.  

     This is a strategy they have used for decades.  Even years ago, ten or fifteen Republicans would be interviewed independently on television.  All of them would use the same words and phrases to describe a situation, to get their point across, to insert their frame on the news.  They are good little soldiers, obedient and loyal and willing to do and say anything.  That’s one of the many reasons we need to fear them and fight them.

     But, even though, Jerry Nadler scolded Jordan for violating Committee rules by not notifying committee of the intent to show the video, the damage was done.   

Why are Democrats always like Charlie Brown with the football?  Every time, they stand around and watch Lucy put the ball on the ground, suspecting nothing.  Then, they watch Lucy yank the ball out from under them.  Then, they issue a scolding after the fact, or ignore the behavior with dignified silence.

Why didn’t Jerry Nadler know the Republicans were going to play this video?  Why didn’t he review it?  There had to be people in the hearing room, setting this up.  If I had been burned as many times as the Democrats in hearings, I would have informants everywhere and somebody watching that room from the minute the doors were unlocked.

And, if you want to argue that Nadler couldn’t have known about the video, why didn’t he stop it?  If showing the video violated the rules, why didn’t Nadler stop the video?  Why didn’t he demand it be stopped when he saw that it was – a propaganda campaign ad that grossly misrepresented the situation?  Nadler can’t walk but somebody could have been told to go and stop that video if it violated Committee rules.  But, Jerry Nadler (and other corporate Democrats) refuse to enforce the rules?   

     I watch a lot of politics.  I have spent most of my adult life reading about, watching, writing about, studying politics, specifically politics and crime.  But, now, when one of these big hearings is scheduled, I start feeling queasy in the morning.  I feel obligated to watch, to witness this descent into authoritarianism.  But I don’t want to watch.  As someone said yesterday on Twitter, how can these hearings always end up being a loss for both sides?

I know corporate Democrats are largely cowards, feckless cowards who will not fight, or enforce the rules even when enforcing the rules would be to their advantage.  But, how did we end up with such a sorry lot?  And, what are they afraid of?

I think part of the answer lies in the fact that Democrats are living in a culture in Washington that no longer exists.  They can’t seem to accept, acknowledge, understand, that they are facing ruthless authoritarians who will resort to anything, anything to win. They act like if they just stand erect, stare directly ahead of them and behave in a dignified manner (watch Adam Schiff), this ruthless, gutter fight for power on the part of the Republicans will disappear.

In fact, Joe Biden has said just that.  He has stated that when we get rid of Trump, all his Republican friends are just going to go back to “normal” and we can return to a bipartisan Kumbaya that hasn’t existed for decades.  Republicans haven’t been “normal,” haven’t participated in this gentleman’s club of bipartisanship for decades.  And, they aren’t going to do so now.  People keep saying we need somebody who can “unite us.”  No, that’s not what we need.  We need somebody who can marginalize and neuter these rabid authoritarians, see them for what they are, and push them as far away from power as we can get them. 

     An interesting “tell” here is the ability of the “squad” and some of the other recently elected Democrats to run circles around these career corporate Democrats in hearings.  They are not still living in a culture that doesn’t exist.       

  First, they aren’t afraid.  They aren’t afraid to use their common sense and ask questions that make Republicans squirm.  They ask the sort of questions that these career corporate Democrats would rather die than ask.   Secondly, these women come prepared.  They generally don’t just read a prepared statement like they’ve never seen it before, stumbling over what are supposed to be their own words.  Third, they usually actually show up and listen to the hearings.  They don’t just appear and read a series of questions like bad third-grade actors.  They know what has gone on in the hearing and are capable of adapting to the situation.  Fourth, these women were by-and-large elected in an upset.  They have not been groomed by the DNC.  They were elected with a skill set that was larger than just being able to raise money and kiss butt.  When I watch people who have been on capitol hill for decades perform at a committee hearing, stumbling through the text of canned questions written by their staff, I always think: They are there because they can raise money, lots of money.  That’s the only reason they are there.  The DNC supports these types of candidates over other candidates that are more qualified because they can raise money and will behave. 

The DNC has worked tirelessly to keep new candidates from emerging in the Democratic party and has created a blacklist for consulting businesses who work for candidates challenging incumbents.  The Congressional Black Caucus actually supported an incumbent, Elliott Engels, over a progressive black challenger.  This tells you how institutionalized these Democrats have become.  The DNC is actively working to keep people in Congress who will play ball, who will not enforce the rules, who will not fight, and who will not ask the tough questions.

Recently, I read an interview of somebody in the music industry.  She said: “Oh, they don’t look for talent anymore.  They look for somebody with the right look and a compliant personality.”  That’s what the DNC looks for and they are selling us down the drain by doing so.  That’s why an important hearing makes my stomach hurt.

Julie Brown and the Epstein Case

jeffrey epstein

This is a podcast well worth listening to.

Broken: Jeffrey Epstein

Season 1 Episode 5 “An Outsider’s Way In.”

Broken: Jeffrey Epstein

This is a fascinating story about the reporter Julie Brown and her history of digging in the Epstein case.  It makes an important point about journalism.  Brown’s history was much like that of the girls who were exploited by Epstein.  She was not a child of privilege and connections like most of the corporate press today.  Chris Cuomo, the white haired guy on CNN.  I like to think of this group as the “Bonfire of the Mediocre.”

Someone recently said that the music industry doesn’t look for talent anymore.  They look, she said, for a certain loon and a compliant personality.  That just about sums up the corporate media.  It’s a waste of time.

 

 

 

Epstein and MSNBC

jeffrey epstein

  • Cornell Belcher, former Obama pollster and part of the corporate Democratic elite, tells progressives to “Shut the hell up and grow up.” Silence your criticisms of Biden, Belcher chides, and “fall in line.”  Make no mistake, that is their attitude to all progressives.  Obama and his administration purposefully squelched progressive participation in his administration.  Obama refused to prosecute members of the Bush administration who engineered and carried out torture.  He refused to prosecute those responsible for the 2008 crash.  Those two decisions helped get us where we are.  Biden will do the same.
  • Ghislaine Maxwell was finally arrested today. There are those who believe that Barr’s firing of Berman was to get more control over this investigation and prosecution.  I am not one of the people who find Berman’s behavior in this situation commendable.  He finally resigned and securing a promise to have his next in command take over the operations is not enough.  He should never have resigned.  He should have made them fire him.  It’s not enough.  I am not optimistic about the Maxwell prosecution.  This is one of those situations where too many powerful people have too much to lose to allow this to go forward.  They will stop it.  We don’t know how exactly, but trust me, they will stop it.
  • Chris Hayes on MSNBC tonight described narratives that question Epstein’s “suicide” as “conspiracy theories.” MSNBC can always be trusted to maintain the corporate Democratic line.
  • The two documentaries on Epstein fail to probe Epstein’s connection with intelligence.  https://consortiumnews.com/2020/06/18/epstein-case-documentaries-wont-touch-tales-of-intel-ties/

What Happened to the Democratic Party

For those of you interested in why some of us are so reluctant to jump on the Joe Biden bandwagon, please take the time to listen to this podcast.

http://pitchforkeconomics.com/episode/how-neoliberalism-captured-democrats-with-james-kwak/