Tag: Federal Law

The Big Day Is Here!

Today is the day that Trump will be in court to answer the indictment…..a day that many if us are pleased to see but we have reservations that he will not answer for his digression.

One of the most damning testimonies may come from his, Trump, attorney

One thing that has crystallized over the last few days in the federal case against former President Trump: Prosecutors’ key witness is Trump’s own attorney. As the New York Times explains, attorney Evan Corcoran took copious notes as he worked with Trump—he first dictated them into his phone, then transcribed them onto paper. And those notes, along with Corcoran’s forced testimony, have provided prosecutors with what amounts to a “road map to building their case,” writes the Times‘ Maggie Haberman. Details:

  • No privilege? Such communication is usually protected under attorney-client privilege, but a judge ruled in March it doesn’t apply here because prosecutors argued that “Corcoran’s advice may have been used to further or cover up a crime,” per Reuters. The significance of the ruling didn’t become clear until the Trump indictment was unsealed on Friday.
  • Trump attorney I’: The indictment relies heavily on notes and testimony from “Trump Attorney I,” referring to Corcoran, explains Slate. Corcoran quotes Trump multiple times in ways that don’t appear to bode well for the former president in regard to obstruction-of-justice charges: “Well what if we, what happens if we just don’t respond at all or don’t play ball with them?” And, “Wouldn’t it be better if we just told them we don’t have anything here?” And, “Well look isn’t it better if there are no documents?”
  • Plucking: The indictment also cites Corcoran describing a moment in which Trump made a “plucking motion” after the attorney placed dozens of secret documents in a folder that was to be handed over to federal prosecutors. Corcoran said he interpreted that to mean he should take the folder back to his hotel room “and if there’s anything really bad in there, like, you know, pluck it out.”
  • Crucial to the case: The Daily Beast reports that Corcoran’s testimony is so crucial to the case that it suggests a vulnerability for prosecutors. If, for example, the federal judge in Florida handling the case (a Trump appointee) overrules the earlier decision that Corcoran’s notes are fair game, it could undermine the case against the former president.
  • Unflappable’: Corcoran is no longer a Trump attorney, having left the legal team last month, notes the AP. The Reuters story on all this includes a mini-profile of the 58-year-old: “Unflappable and even-keeled are the words that come to mind,” said Douglas Gansler, a former Maryland attorney general who worked with Corcoran years ago. The piece also describes him as “soft-spoken and diligent.”

How damning has yet to be seen.

Sadly I read an article about how he could possibly beat the rap….

pecial counsel Jack Smith has laid out what many observers see as a damning case against Donald Trump over classified documents. Take the view of William Barr, who served as Trump’s own attorney general: “If even half of it is true, then he’s toast,” he told Fox News on Sunday, per USA Today. The phrase “slam dunk” is being tossed around, but Paul Rosenzweig at the Atlantic floats a different basketball analogy: The “case is more aptly characterized as a difficult contested shot from beyond the 3-point arc.” Yes, Smith has presented exhaustive evidence suggesting Trump is guilty of illegally taking the documents in the first place, then obstructing the subsequent investigation, writes Rosenzweig. But “there is a more-than-reasonable possibility that Trump will never be convicted.”

Why so? Rosenzweig ticks off the reasons:

  • The judge: Smith got “exceedingly unlucky” with the federal judge assigned to the case in Florida. Judge Aileen Cannon is a Trump appointee who could affect the proceedings in myriad ways, including by which evidence she deems acceptable.
  • The jury: That the case is being tried in Florida rather than DC gives Trump a much better chance of having sympathetic jurors. Of course, jurors can be swayed, but Rosenzweig points out that most of the Trump World convictions so far (including Paul Manafort and Steve Bannon) “have come in jurisdictions that have leaned decidedly against Trump.” He also sees a legitimate risk of “jury nullification”—that a single juror will ignore all evidence and vote to acquit.

Read his full essay.

Today is the big day…..

The nation will be watching.

I Read, I Write, You Know

“lego ergo scribo”

Internet Kill Switch

Closing Thought–05Oct20

Most of us bloggers have made it known that we are part of the defense of a open internet…..but did you know that there is the possibility that Trump or a future president being able to turn off the internet on a whim?

Ever hear of the Communications Act or 1934? How about Section 706 of that Act?

Do not run for the Google button….I can help…..

The Act is here…..

Click to access 1934new.pdf

Section 706 is the most telling….if you are allergic to reading then here is the pertinent section…

SEC. 706. [47 U.S.C. 606] WAR EMERGENCY–POWERS OFPRESIDENT.(a) During the continuance of a war in which the United States is engaged,the President is authorized, if he finds it necessary for the national defense andsecurity, to direct that such communications as in his judgment may be essential tothe national defense and security shall have preference or priority with any carriersubject to this Act. He may give these directions at and for such times as he maydetermine, and may modify, change, suspend, or annul them and for any suchpurpose he is hereby authorized to issue orders directly, or through such person orpersons as he designates for the purpose, or through the Commission. Any carriercomplying with any such order or direction or preference or priority hereinauthorized shall be exempt from any and all provisions in existing law imposingcivil or criminal penalties, obligations, or liabilities upon carriers by reason ofgiving preference or priority in compliance with such order or direction.

I bring all this up because there are a couple of repres that are trying to prevent any interruptions…..

Civil libertarians on both sides of the aisle and in both chambers of Congress have joined forces to call for canceling a little-known executive power.

Sens. Rand Paul (R–Ky.), Ron Wyden (D–Ore), and Gary Peters (D–Mich.), along with Reps. Tulsi Gabbard (D–Hawaii) and Thomas Massie (R–Ky.), introduced bills this week to abolish the so-called “internet kill switch”—a sweeping emergency executive authority over communications technology that predates World War II.

“No president from either party should have the sole power to shut down or take control of the internet or any other of our communication channels during an emergency,” Paul argued in a statement announcing the Unplug the Internet Kill Switch Act.

Rand Paul, Tulsi Gabbard, Thomas Massie, Ron Wyden Join Forces To Unplug the President’s ‘Internet Kill Switch’

I am not a big fan of Rand Paul but I will applaud his attempt here…as well as the candidate that I was supporting until she dropped out Tulsi Gabbard.

Learn Stuff!

“lego ergo scribo”

The Hint Of Troops Deployments

Donald the Orange has made the threat that he would deploy US troops to our homeland to quell protests….but such a move would aspirate the situations with the protests…

As the George Floyd Uprising intensified in Minneapolis on Friday and Saturday, President Trump asked Acting Defense Secretary Mark Esper for options to deploy federal troops to the city. He signaled to Minnesota Governor Tim Walz, “We have our military ready, willing and able if they ever want to call our military, and we can have troops on the ground every quickly.” Military Police soldiers from Fort Bragg (North Carolina), Fort Drum (New York), Fort Carson (Colorado), and Fort Riley (Kansas) were ordered to be ready to deploy for crowd and traffic control duties, if the state National Guards could not quell the unrest.

On Monday, Trump put Joint Chiefs of Staff chairman General Mark Milley “in charge,” lambasted state governors, and said he would soon order active-duty federal troops into U.S. cities to “quickly solve the problem for them.” He also indicated that he would soon be deploying active-duty military forces in the District of Columbia, where he has the direct authority to do so.

Deploying Federal Troops in a War at Home Would Make a Bad Situation Worse

As it is now the Supreme Court could move to block any stupid coming from Trump….but will they?

The Supreme Court could announce as early as Monday that it’s taking up several cases involving the doctrine. The Court considered 13 different petitions for cases involving qualified immunity at a conference hearing yesterday.

Qualified immunity, created by the Supreme Court in the 1970s, shields police and other government officials from liability in civil rights lawsuits when the illegality of their actions was not “clearly established” at the time of the offense.

Attorneys representing the families of Floyd, Ahmaud Arbery, and Breonna Taylor called for policing reforms—including rolling back qualified immunity—at a press conference today.

“The standard is far too high…for civil rights accountability for law enforcement officers,” attorney Lee Merritt said. He continued:

The Supreme Court Has a Chance To End Qualified Immunity and Prevent Cases Like George Floyd’s

And if that is not successful then a Congressman is doing his part as well……

Image

Will either of these attempts be successful?

No….conservs will fight them tooth and nail….the only hope the society has is to replace as many conservs as possible in Congress.

Is the nation capable of doing the right thing?

Don’t think so damn positive!

Bonus Army | Zinn Education Project

The military has been used before on protesters….think 1932….the Bonus Army……

The commander of the operation was Army Chief of Staff Douglas MacArthur, who branded the BEF traitors bent on overthrowing the government. . . declaring, “Pacifism and its bedfellow communism are all around us.” MacArthur’s young aide was none other than Dwight D. Eisenhower, while Patton led the Third Cavalry — which spearheaded the eventual eviction of the Bonus Army. Patton shared MacArthur’s hatred of “reds” and lectured his troops on how to deal with the BEF: “If you must fire do a good job — a few casualties become martyrs, a large number an object lesson. . . . When a mob starts to move keep it on the run. . . . Use a bayonet to encourage its retreat. If they are running, a few good wounds in the buttocks will encourage them. If they resist, they must be killed.”

July 28, 1932: Bonus Army Attacked

The leaders of the attacks were some of America’s “best” generals…..MacArthur, Ike, Patton…..

These protesters were labeled “traitors” by American leaders…..people that had served the country honorably were now crapped on by the government they were sworn to protect…..very little has changed in almost 100 years.

As I predicted our Orange Man is starting to back up from the use of troops…..

After threatening states that he would dispatch the military to quell protests, President Donald Trump appeared to be privately backing off, with White House officials saying the response to demonstrations across the country indicated that local governments should be able to restore order themselves.

The shift came as protests in Washington and other cities over police brutality against minorities proceeded Tuesday with relative calm, a striking contrast to the harsh crackdowns outside the White House on Monday night. The president wanted to make the aggressive action in the nation’s capital an example for the rest of the country, a senior White House official said Tuesday.

Trump Privately Backs Off From Sending Troops Into States Amid Unrest

Learn Stuff!

I Read, I Write, You Know

“lego ergo scribo”

What Is The Defense Protection Act?

I will take a break from my traditional postings on the weekends to help my readers understand the confusion info they are being fed daily…..hopefully I can help.

In one of his daily babbles the President made reference to the Defense Protection Act……and now we need to know just what that means to the nation and its fight against a fast paced virus.

Law:

Pub. L. No. 81–774, 123 Stat. 2006, codified in relevant part at 50 U.S.C. § 4558 Link:

http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title50-section455…

Section 708 of the Act requires the Commission and the Department of Justice to participate in developing, implementing, monitoring, and reporting on voluntary agreements among industry members, pursuant to federal determination of need and federal oversight, that are aimed at solving production and distribution problems impairing national defense preparedness (such as a voluntary agreement to make ships, services, and facilities available to the Department of Defense in case of military emergency). The Act establishes a limited antitrust exemption for such voluntary agreements.

The president has taken the action needed…..

The president invoked the Defense Production Act to get needed medical supplies such as ventilators and masks on the front lines, per the AP. Trump had said earlier in the week he would tap the 1950 act as needed, and on Friday he put that “in gear.” Essentially, he can marshal the private sector to help fight the pandemic. Senate Democratic Leader Chuck Schumer said he implored Trump during a phone call Friday to invoke the act immediately. The president told Schumer he would, then could be heard on the telephone making the order.

A more in-depth look into this “Act”…..

President Trump on Tuesday invoked the Defense Production Act, a wartime authority that allows him to direct industry to produce critical equipment, to confront the spiraling crisis over coronavirus pandemic.

The act was established in 1950 during the Korean War following war powers legislation used during World War II to direct private industry to produce weapons, vehicles and other materiel for war. At that time, automakers in Detroit, for instance, shifted production from automobiles to tanks.

The act gives the president a broad set of authorities to influence private companies for national defense, according to the Congressional Research Service. In 2009, Congress amended the act to include domestic preparedness and national emergency response efforts. 

“The Defense Production Act permits the president to push national security items to the front of the line, rather than following items that were previously ordered,” said Loren Thompson, a defense industry consultant and military expert at the Lexington Institute. “It exists to speed up urgently needed items.”

https://www.usatoday.com/story/news/politics/2020/03/18/coronavirus-what-defense-production-act-trump-has-invoked/2865598001/

Remember in 1941 the US turns auto makers into airplane makers almost overnight……then why in an age of great technology why cannot that type of emergency work be accomplished again?

Will this help the situation?  Or could it be too little too late?

Thoughts?

I Read, I Write, You Know

“lego ergo scribo”

Banning Humanity

Guess what?  Immigration is still the talk of the town…..that town would be DC…..the rest of us are pretty much taken with trying to survive another day while the Congress fiddles……(that was a Nero reference, in case you missed it)……..well not everybody is sitting around doing other stuff…there is a town in Texas that wants to ban humanity………

As the issue of undocumented children streaming into the US heats up, one Texas town has taken action. League City’s city council last night passed a resolution, 6-2, that would see the city bar any federal request to operate a detention or processing center there, though the Houston Chronicle reports no such requests are known to have been made. The vote followed 90 minutes of what the Galveston County Daily News calls “impassioned pleas” from those on both sides of the argument, with some calling the measure—which cites a “potential threat of communicable diseases reported to be prevalent” among these migrants—”brave” while others described it as an “embarrassment.”

A legal expert tells KHOU the measure doesn’t have much legal footing: “It’s simply not the city’s legal right to tell the federal government what they can and cannot do in the area of immigration. Even states don’t have the authority to do this.” Heidi Thiess, the councilwoman who drafted the measure, says she wanted the city to take preemptive action before any requests came in—and embolden other municipalities to do the same. It seems to be working: Galveston County commissioners voted 4-1 yesterday in favor of a similar resolution, notes the Chronicle. As the paper explains, Border Patrol is required to move unaccompanied children from countries other than Mexico and Canada to the Office of Refugee Resettlement within 72 hours, but the detention network has been unable to keep up with the recent numbers. The feds yesterday looked at an empty Houston middle school as one potential new housing option.

I know that we like to think that we are in control….but I hate to tell Texas this…..but local statutes have NO hold over federal law……sorry, it is that simple.

Why is it always Texas or Arizona that is so full of crack pots and morons?

On another note……the US is doing what it does best……..instead of finding solutions to problems they want to throw money at it…….

The White House had been kicking around the idea of requesting $2 billion to deal with the unprecedented wave of underage immigrants arriving from Central America. Today, in a sign of just how fast the crisis is escalating, it made a formal request to Congress for nearly twice that amount, reports the Washington Post. The $3.7 billion would be divvied up among various agencies with a two-pronged goal: to speed up the deportation process while making sure that the kids get adequate health care in detention centers in the interim. Among other things, the money would be used to send more immigration judges to the border, build more holding centers, and beef up border-security patrols.

More than 50,000 unaccompanied minors and about 40,000 women with children have been caught on the border this year, mostly in Texas, far more than any other year. The White House said yesterday that most would not be allowed to stay, reports the Hill. Congress must approve the money, and a spokesperson for John Boehner suggested that it wouldn’t be a quick vote. “The speaker still supports deploying the National Guard to provide humanitarian support in the affected areas, which this proposal does not address,” he said. The request—see the White House fact sheet here—comes as President Obama prepares to head to Texas. He won’t visit the border, reports the New York Times, but he will now apparently meet with Gov. Rick Perry to discuss the situation. (Meanwhile, the UN wants the US to treat Central Americans as refugees.)

Granted something needs doing about the problem and every attempt should be tried to make sure that these children are treated in a humane fashion……..the main problem is the GOP…….they have bitched and moaned and in the end they do not want to spend the money for an attempt to control the situation……..just look at their fave crisis of last month…the VA.  They got plenty of mileage out of the problem and there is a bill but now they do NOT want to pay for the solution…….the border crisis will be more of the same.