Tag: constitution

On Obstruction, the Mueller Report is Clintonesque

Thomas L. Knapp

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

Thomas L. Knapp

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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My Provisional Support For “Borders”

Kent McManigal

The only legitimate justification for something like a “national border” would be to separate a free territory from any unfree territories around it. In order to protect the people in the free territory from the statists surrounding them.

This situation doesn’t exist anywhere in the world because there are no free territories (other than small scale experiments, maybe). America hasn’t been a free territory since America was replaced by “the United States” with the ratification of the U. S. Constitution. As long as there are “taxes” and other counterfeit “laws” and politicians in a territory, it is not free. Even though there are differences in degree, there are no differences in kind.

As it is, national borders are rather like the internal fences in a feedlot. They separate different groups of cattle from each other for the purposes of those who exploit them. It’s not for the good of the cattle. It would be genius to brainwash the cattle into believing it is.

In our human situation, it’s as if the cattle in one pen are getting angry at the cattle who hop the fence instead of focusing their anger at those who manage the feedlot. “We must remain ‘King of the Dung Heap’ in our little pen!”

Those humans who hop the fence may be hoping to avoid a looming appointment on the kill floor, or maybe they hope for more food on the other side. But if they are looking for liberty they are doing it wrong and looking in the wrong place. Still, I can’t blame them for doing something in their desperation, even if it amounts to jumping out of the fire and into the smoldering kindling.

And, the ones who hop the fence and then demand to make this side similar to the side they were desperate to escape are being stupid and are committing evil.

To be clear: nothing excuses archation by fence hoppers. Nor by fence defenders.

Instead of abandoning principles over your “border”, why not make this side of the fence free. Create a condition of liberty. That means zero “taxes”, zero counterfeit “laws” of any kind, and zero politicians. This side of the fence cannot be a State.

Then, and only then, I’ll help you secure the border from anyone who tries to bring a little bit of archation into this free territory– while welcoming all others (because they couldn’t be a problem). Anyone else should be free to cross this border in either direction with no delay or difficulty whatsoever.

Because it’s always up to the believers to convince the skeptics, it’s up to those who support the “borders” to make this a free territory and convince me to support their walls and fences. If they have a workable plan which doesn’t involve me compromising food with poison or liberty with statism, I’ll jump right in.

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Anarchy Just Is

Kilgore Forelle

Nobody asked but …

Statists and ancoms, too often, ask, “How does anarchy work?” or “How does your version of anarchy work?”  They somehow think that because I am an anarchist that I am obligated to explain it to them as a system, like a tractor or ice cream.  I am under no such obligation — in fact, my own conception of anarchy evolves from day to day.  My thoughts on anarchy are chaotic (in process of change) and anarchical (derived from no single ruler).  The marginal segment of the Universe(s) that is archical and static (that is, ruled and held at a status quo) is minimal — unworthy of note.

My alter-ego, Verbal Vol, once posted a consideration of the tardigrade.  “Could it be that constitutions, by-laws, and governments are not necessary?”

Anarchy doesn’t “work,” as a fiction — anarchy “is,” as a fact.  The history of human archism is but a molecule on a hairline scratch on a minuscule shard in the dust of the Universe(s).  Perception and perspective, my friends.

— Kilgore Forelle

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We’re Undecided Now, So What’re We Gonna Do?

Kilgore Forelle

Nobody asked but …

Reading, er listening to another audio book as written by James Bamford, Body of Secrets (subtitle: Anatomy of the Ultra-Secret National Security Agency, from the Cold War through the Dawn of a New Century).  This is a belated follow-through on a published citation from Radley Balko.  I recommend the book highly both for the content on the stated subject, but more importantly for me, the implications about the basic nature of the state and its bureaucracy.  Sometimes Bamford supplies a heavy load of detail, but I honestly could not omit any of them.

This is a paraphrasing of Bamford’s account of the NSA during Nixon’s years — Nixon issued a directive approving of the most aggressive delineation of the USA’s meddling powers.  Some such as the NSA were delighted because it reinforced what they were already doing, while others such as the FBI under J. Edgar Hoover were outraged because it revealed what they were already doing.  Five days later AG Mitchell talked Nixon into rescinding the directive as problematic under the Constitution.  Most in the cloak and dagger community were unaware of either directive.  Why?  Bureaucrats and their bureaus are born out of the spoils system, not out of concepts of good governance.  The ideation of any plan is to serve a special interest, to intervene where we have previously chosen, through logic or care or neglect, NOT to intervene.  Write it down!

The concern arises that 99 and 44/100ths% of the agenda of agencies are out of the control of anyone.  There is a “set it and forget it” syndrome with them all.  I have been in close proximity to the state, man and boy, for over 7 decades (haven’t we all, for varying lengths of time?), and I have never seen a bureau go out of existence.  Please tell me I am wrong, please, I beg you.  Though many instruments of the rulers are obsolete, they are no longer connected to their founding justification, and/or were never connected to their founding justification.

Obviously, the chief attribute of any society of human beings is to foul its own nest.

— Kilgore Forelle

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None Obligated to Obey Bad Laws

Kent McManigal

While I appreciate when governments express support for natural human rights, I wonder if they really understand the rights they claim to support.

Roosevelt County was recently declared a “Second Amendment Sanctuary” by the county commission. How serious are they?

Are they only concerned with additional violations of the Second Amendment by the state? What about enforcement of all the violations on the books beginning in 1934 with the National Firearms Act?

Do they understand the only purpose of the Second Amendment was to make it a crime to pass or enforce any laws against weapons?

Do they understand that the Second Amendment recognizes and protects the right to own and to carry weapons however you see fit, everywhere you go, without asking permission?

Do they understand this right existed before the first government was established and will still exist unchanged long after the last government has been forgotten?

These are rhetorical questions because I know the answers. I also realize they call the resolution “not legally binding;” a symbolic nothing.

I wonder how seriously anyone would have taken politicians in the 1850s had they “symbolically” declared their region to be a sanctuary for escaped slaves, yet continued to allow slavery in their communities, and allowed slave catchers to brutally capture and return runaways to the individuals who claimed them as property.

You aren’t a Second Amendment Sanctuary if you allow even the slightest anti-gun “law” to be enforced on your watch.

To posture over additional infringements if they are “unnecessary, duplicate, and possibly unconstitutional” is to miss the point of the Second Amendment. To try to weasel out of responsibility, claiming you “cannot determine the constitutionality of a law” is dishonest.

As pointed out in a previous column, the Supreme Court stole the power to be the final arbiter of constitutionality — this power was not theirs to claim. Constitutionality is yours to judge. Would you wait to see if the Supreme Court says the Constitution permits the federal government to murder a peaceable neighbor over the church he attends before you know it’s unconstitutional?

The federal government will never allow unconstitutionality to stand in the way of established rules and bureaucracies.

No one needs to fight unconstitutional “laws” since even the Supreme Court has ruled that a law that violates the Constitution isn’t a law at all, and no one is obligated to obey. All who enforce such non-laws are criminals.

Don’t stop at symbolism. Respect human rights; all of them, completely without reservation or hesitation. It’s the right thing to do.

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