On Obstruction, the Mueller Report is Clintonesque

On April 18, US Attorney William Barr released Special Counsel Robert Mueller’s report on the probe into “Russian meddling” in the 2016 presidential election. The report cleared President Donald Trump and his campaign team of allegations that they conspired with the Russian government in that meddling. But on the question of “obstruction of justice,” Mueller punted in an eerily familiar way.

Return with me briefly to those thrilling days of yesteryear. Specifically, July 5, 2016. As I wrote then:

“FBI director James Comey spoke 2,341 words explaining his decision not to recommend criminal charges over Hillary Clinton’s use of a private email server to transmit, receive and store classified information during her tenure as US Secretary of State. He could have named that tune in four words: ‘Because she’s Hillary Clinton.’ Comey left no doubt whatsoever that Clinton and her staff broke the law …”

Mueller’s report likewise cites evidence of multiple attempts by the president to obstruct his investigation. “[T]he President sought to use his official power outside of usual channels,” he writes. “These actions ranged from efforts to remove the Special Counsel and to reverse the effect of the Attorney General’s recusal; to the attempted use of official power to limit the scope of the investigation; to direct and indirect contacts with witnesses with the potential to influence their testimony.”

But before the evidence, the punt: “[W]e determined not to make a traditional prosecutorial judgment. The Office of Legal Counsel (OLC) has issued an opinion finding that ‘the indictment or criminal prosecution of a sitting President would impermissibly undermine the capacity of the executive branch to perform its constitutionally assigned functions’ in violation of ‘the constitutional separation of powers.’”

Translation: Anyone else who did what Donald Trump did would find himself buried under obstruction of justice charges. But Donald Trump is the President of the United States.

The difference between Comey’s treatment of Clinton and Mueller’s treatment of Trump is that Clinton’s immunity to laws meant for mere mortals was unofficial — based on her prominence as a ranking member of the political class — while Trump’s similar immunity is a formal function of his holding a particular office.

Did Trump “obstruct justice?” I’m no lawyer, but Mueller’s report indicates that Trump abused his power to attempt to impede the investigation. That sounds like obstruction to me.

Does it matter that the investigators found no underlying crime after overcoming the obstructions? Some people think so. I don’t.

If you were accused of a “missing body” murder you didn’t commit, and asked someone to give you a false alibi (because you were actually in bed with someone other than your spouse and didn’t want THAT known), or gave a false tip to the police, you’d face charges independent of the underlying crime even if the supposed victim turned up alive.

Why? Because (in theory at least) a criminal investigation pursues the truth of the matter, not just a particular suspect or verdict.

Trump’s conduct was aimed at frustrating that pursuit of truth. Immune or not, that’s wrong.

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The Mueller Report Changed my Mind on Term Limits

I haven’t read the Mueller report yet. I’m writing this on the day of its release (with redactions) by US Attorney General William Barr.  I’ll read it later, but I didn’t have to read it, or even wait for its release, to reach one conclusion from it: It’s time to amend the Constitution to limit the President of the United States to one term.

No, not because I don’t like Donald Trump. I don’t, but I didn’t like his 2016 Democratic opponent either, nor do I expect to like his 2020 Democratic opponent. As long as American voters continue to limit themselves to voting for Republicans and Democrats, I don’t care too much which of the two parties they vote for.

Nor because I think term limits as such would usher in an era of “citizen legislators” and solve some of the systemic problems in American politics caused by political careerism (as my friend Paul Jacob, founder of US Term Limits, believes). It’s not that they’re a bad idea. It’s that they’re more of a distraction than a solution.

But the presidency is an office of singular weight.

We can afford, at least to some degree, to have members of Congress worrying about their own re-elections at the expense of doing the people’s business (however one defines that).

But can we afford to have both the president and Congress worrying about almost nothing BUT the president’s re-election prospects, 24/7, for four years out of every eight?

Let’s face it: That’s what the entire two-year (so far) “Russiagate” moral panic has mostly been about. Democrats want to either impeach Donald Trump and remove him from office or, failing that, destroy his prospects of re-election.

And yes, that’s what the last two years of Bill Clinton’s first term were all about too.  Republicans hoped they could find something, anything, that would make it possible to beat Clinton in 1996 (didn’t work).

It didn’t help the Republicans in 1996. It isn’t helping the Democrats now. And ignoring real public policy issues in favor of such antics certainly did not then, and does not now, serve any rational interest of the public, except perhaps the interest of entertainment. That’s what Game of Thrones and F is for Family are for.

This is a problem we can fix. Limit the president to one term.  No re-election campaign by the president. No de-election campaign by the president’s opponents.

One. And. Done.

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The Most Controversial Belief

Because I’m both a Libertarian and a loudmouth, I’m frequently hit with questions about libertarianism (and the Libertarian Party). Recently this one came up:

“What is the most controversial belief of Libertarians?”

Could it be our support of immigration freedom (and, generally, freedom to travel)?

Or our demand for separation of school and state?

Perhaps our hard-line support for gun rights?

Or our stand for legalization of all drugs?

How about our advocacy for keeping the government out of the sex lives of consenting adults (including marriage, and including sex for pay)?

Or our belief that who you do or don’t do business with — including for healthcare and retirement — is your decision and no one else’s to make?

My answer: It’s all of those, and others. But it really boils down to one issue.

The most controversial belief of libertarians (and partisan Libertarians) is the belief that you’re generally both more entitled and more qualified to run your life than someone else is.

Who considers that belief controversial? “Mainstream” politicians and their supporters.

Why do they consider that belief controversial? Because they consider themselves entitled and qualified to run your life for you, whether you like it or not. And, of course, to bill you for the costs of their supervision.

Politics isn’t persuasion. Politics is force.

Whether the issue is immigration, or education, or self-defense, or drug use,  or sex, or commerce, or, heck, what color you paint your house or how long you let the grass on your lawn grow, the political approach is not to present an argument and trust you to make the right decision. It’s to decide “for” you, then beat you down if you disobey (or fail to pay them for their services).

Libertarianism — even the “political” variety — isn’t really very political at all. It’s anti-political. As one fun meme puts it, libertarians are “diligently plotting to take over the world and leave you alone.”

Libertarians only recognize one valid constraint on your actions: A universal, mutual constraint against aggression, also known as initiation of force.

The simple version, courtesy of Matt Kibbe: Don’t hurt people, and don’t take their stuff.

When you throw the first punch, or pick someone’s pocket, or otherwise forcibly interpose yourself between someone else and that someone’s life, liberty, or property, you’re not running your own life. You’re trying to run theirs.

And that’s the only thing libertarians agree you should be stopped from doing or penalized (in a manner consistent with restitution, not “punishment”) for doing. Even if it’s “for their own good.”

If you’re down with that idea, congratulations: You’re a libertarian.

If you’re not down with that idea, I hope you’ll think it through more carefully.

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Pardoning Assange Would be the First Step Back Toward Rule of Law

On April 11, the ongoing saga of journalist and transparency activist Julian Assange took a dangerous turn.  Ecuador’s president, Lenin Moreno, revoked his asylum in that country’s London embassy. British police immediately arrested him — supposedly pursuant to his “crime” of jumping bail on an invalid arrest warrant in an investigation since dropped without charges but, as they admitted shortly thereafter,  actually with the intent of turning him over to US prosecutors on bogus “hacking” allegations.

The US political class has been after Assange for nearly a decade.

In 2010 WikiLeaks, the journalism/transparency service he founded, released information revealing US war crimes in Iraq and Afghanistan, as well as State Department cables exposing — among other things — Hillary Clinton’s attempts to have American diplomats plant bugs in the offices of their UN counterparts (Clinton, at one point, tried to raise the possibility of having him murdered for embarrassing her so).

In 2016, WikiLeaks released Democratic National Committee emails — provided by an as yet unidentified whistleblower — exposing the DNC’s attempts to rig the Democratic presidential primaries in Clinton’s favor.

At no point has Assange been credibly accused of a crime. He’s a journalist. People provide him with information. He publishes that information. That’s an activity clearly and unambiguously protected by the First Amendment.

Even if Assange was a US citizen, and even if his activities had taken place in territory under US jurisdiction, there’s simply no criminal case to be made against him.

So they’re manufacturing one out of whole cloth, accusing him of “hacking” by asserting that he assisted Chelsea Manning with the technical process of getting the 2010 information to WikiLeaks.

But once again: Assange is not a US citizen, nor at the time of his alleged actions was he anywhere that would have placed him under the jurisdiction of the United States.

Even if he did what he’s accused of doing, the current state of affairs is the equivalent of the city government of Chicago asking Norway to extradite a French citizen on charges of not cutting the grass at his villa in Italy to the specifications of Chicago’s ordinance on the subject.

There are certainly criminal charges worth pursuing here.

The US Department of Justice should appoint a special counsel to probe the Assange affair with an eye toward firing, seeking the disbarment of, and prosecuting (for violations of US Code Title 18, Sections 241, Conspiracy Against Rights, and 242, Violation of Rights Under Color of Law) the DoJ bureaucrats who hatched this malicious prosecution.

The first step in the process, though, is for US president Donald Trump to pardon Julian Assange for all alleged violations of US law on or prior to April 11, 2019.

Assange is a hero. Time to stop treating him like a criminal.

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The Government is Hard at Work Keeping Tax Preparation Complicated and Expensive

“Congressional Democrats and Republicans,” reports ProPublica, “are moving to permanently bar the IRS from creating a free electronic tax filing system.”

Specifically, the  House Ways and Means Committee just advanced a bill perversely called the “Taxpayers First Act.”  If passed by Congress and signed into law, it would become illegal for the IRS to “compete” with private sector tax preparation services like H&R Block and Intuit (the owners of TurboTax) by allowing taxpayers to skip those middlemen.

This is actually the status quo, not by law but by agreement between the IRS and the US tax preparation industry, which knocks down billions every year preparing and filing returns. If you want to file directly with the IRS, you have to do it on paper, by snail mail.  And the industry spends lots of money lobbying to keep it that way. Hence, the effort to write the deal into law.

On one hand, given a choice of filing through a private company whose advertised mission is to save me as much money as possible, or through a government agency whose job is to wring as much money out of me as possible, I’ll pick the private company every time.

On the other hand, the tax preparation industry is a parasite on top of another parasite. The tax system feeds on you. The industry feeds on the tax system.

You’ve probably heard political candidates promise to make your tax return “so simple it will fit on a postcard.” Ever wonder why they never deliver on that promise?  These companies don’t just lobby to be the middlemen in a complex system, they also lobby against legislation that would simplify the system (potentially making their services unnecessary).

Speaking of which, Congress isn’t the only government body at work on this subject. The IRS itself is working on a new version of the W-4 form that employees must complete to have the “right” amount of tax withheld from their paychecks.

USA Today‘s article on the new W-4 project says that filling it out will “be a lot like doing your taxes again. … The new [draft] form referenced up to 12 other IRS publications to fill it out. It was so complex and different from the previous W-4 form that Ernst & Young worried employees would struggle to fill it out correctly and employers may need to offer training beforehand.”

If there’s anything worse than the government stealing a piece of every dollar you earn, it’s the government forcing you to do a bunch of paperwork — or pay someone to do that paperwork — to make sure they get “enough.”

Frankly, I’d rather be mugged. Same scenario, but muggers aren’t quite as smug and rude about it.

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The Gig Economy is What Yesterday’s Socialists Said They Wanted; Why do Today’s Socialists Hate it?

A February Harris poll finds that 49.6% of Millennial and Generation Z Americans would “prefer living in a socialist country.”

US Senator Bernie Sanders (I-VT) and US Representative Alexandria Ocasio-Cortez (D-NY), among other politicians, proclaim a message of “democratic socialism,” evoking an ideology last ascendant in the early 1900s when Eugene Debs and Norman Thomas moved the needle in US elections.

But the devil is, as always, in the details. The goals of today’s American “democratic socialism,” as laid out in Ocasio-Cortez’s Green New Deal resolution, in Sanders’s “Stop BEZOS Act,” etc. look a lot more like Franklin Delano Roosevelt’s effort to “save capitalism” through welfare statism than like the proposals of socialism’s last rise to prominence.

The essence of socialism as laid out by Proudhon and Marx and promoted by the International Workers of the World, et al., came down to destroying the wage system and building a classless society based on worker ownership of the means of production.

Those earlier socialists would almost certainly have lauded gig economy workers as examples of what socialism sought. Today’s socialists disdain them.

Consider gig economy drivers, once just called “gypsy cabbies.” In recent years many of them have chosen to affiliate with services like Uber and Lyft to get easier connections to people seeking rides.

Gig economy drivers own the means of production (their cars).

Gig economy drivers set their own hours and choose their own workplaces instead of slaving away on  someone else’s terms.

Gig economy drivers can use customer discovery services like Uber/Lyft, or they can go their own ways (many Uber drivers give me their cards, telling me to call them directly next time and cut out the capitalist middleman).

But today’s “democratic socialists” fought tooth and nail to preserve the capitalist “medallion cab” monopoly, and having lost that fight they’ve re-oriented their struggle toward roping the drivers, and the companies they choose to work with, into the old-style capitalist “wage employee” system.

Even the most virulent revolutionary Marxism posited that the state would wither away as workers seized the means of production, got rid of the bosses, and started working for themselves. That didn’t work out — the socialist parties ended up substituting themselves for the old ruling class, operating in the name of, but not as true proxies for, “the workers” — but that was the goal.

In the US, the same kind of substitutism came about “democratically” and incrementally as “progressives” co-opted pieces of socialist-sounding reforms. But just like the Marxist-Leninist parties in the old Soviet orbit, today’s “democratic socialists” are … well, conservative.

They don’t want the wage system to go away. They just want to run it.

They don’t want the workers to own the means of production. They just want to tax and regulate it.

They don’t want a classless society. They just want to be the new ruling class.

US president Donald Trump is already touting the 2020 presidential election as a referendum on “socialism.” Are any real socialists going to show up for that fight?

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