DRAINING WHAT SWAMP? HOW DOES STOCKING THE SWAMP SOUND?

PhotoCred: Ben Garrison

PhotoCred: Ben Garrison

Of all the bogus promises Donald Trump made in running for President, the pledge he would “drain the swamp” ranks as the most ludicrous in light of how he’s performed in office. The “drain the swamp” promise concerned, of course, cleaning up the cozy relationship between lobbyists and government regulators and reducing the influence of those dispensing “goodies” to government officials in exchange for favorable regulatory actions.  Trump pledged he’d name cabinet officials and staff of high integrity.  He even said he could best fix the problem because his years of personal involvement in the influence peddling industry taught him the lay of the land.  Presumably, “draining the swamp” included guarding taxpayer money from excesses of the administration’s own officials.

It hasn’t worked out that way.  Ethics lawyers in recent Democratic and Republican administrations, Norman Eisen and Richard Painter, call Trump’s first year in office the “most unethical” in modern history.  Anyone who thinks this view sounds like hyperbole or merely the ranting of Trump’s political opponents should look at the facts.

CABINET OFFICERS

*Tom Price --- the former Georgia congressman served as Health and Human Services Secretary for only 231 days before resigning in the wake of allegations he spent over $1 million in taxpayer money on travel on private jets and military aircraft.

*Ben Carson --- Carson remains on the job as Secretary of Housing and Urban Development, but questions linger about his order in late 2017 of a $31,000 dining set for his office.  A career HUD official filed a complaint after she said she was demoted because she refused to approve more than $5,000 for office decorations. 

*Scott Pruitt --- any day, events could force Pruitt out of his job as Environmental Protection Agency chief.  Trump said Pruitt has done “a great job” and has been unfairly targeted by liberals upset with his policies.  Still, Pruitt has been credibly accused of a long list of ethical transgressions, including (1) renting a room in a Washington condominium for the absurdly low price of $50 per night from the family of a lobbyist with business involving the EPA; (2) awarding large raises to administrative staffers the White House wouldn’t approve by using a special provision in the Safe Drinking Water Act usually reserved for hiring experts with special scientific training; (3) assembling a 20 person security detail at a cost of $3 million dollars; (4) spending $42,000 on a sound proof phone booth in his office; and (5) using tax dollars to fund first class air travel while flying coach on personal trips, putting the lie to his claim he need first class accommodations for security reasons.

WHITE HOUSE STAFF

Rob Porter --- the former Staff Secretary’s domestic violence transgressions have been well chronicled in this space and need no further explanation.

Lori Mashburn --- this Interior Department liaison apparently violated a specific ethics pledge she and other White House staff members signed promising not to involve themselves in the activities of their former employers  or clients.  Mashburn apparently attended a Heritage Foundation event in clear violation of the policy. 

Jared Kushner --- the President’s son in law, senior adviser, and Middle East troubleshooter denies wrongdoing, but credible reporting exists indicating he failed to disclose all required financial information (he still doesn’t have a permanent security clearance), mixed government and private business in his dealings with the Chinese, and participated, with his wife, the President’s daughter, in meetings with high ranking Japanese officials while she was negotiating with a Japanese company on a licensing deal for her clothing brand.

PRESIDENT TRUMP

The President’s transgressions begin with his continuing involvement in private businesses, giving at least the impression he benefits financially as a result of holding office.  Unlike nearly all previous occupants of the White House, Trump didn’t divest himself of his significant business interests before taking office, nor did he place them in a blind trust.  This opened the door to actual impropriety as well as its appearance.  The Trump Hotel in Washington, for example, reportedly has become a preferred destination for foreign officials doing business with the United States government.  However much money Trump and his family receive from lodging fees and meal costs paid to the hotel by these officials, the potential for influence peddling appears obvious.

Trump’s Mar-a-Lago property in Florida doubled its membership initiation fee to $200,000 after Trump won the 2016 election.  The resort’s managing director said Trump’s presidency “enhances” Mar-a-Lago membership.  Trump hosts events there for members at which the major purpose seems access to him.  Does anyone doubt Trump’s occupancy of the nation’s highest office contributed to the membership fee increase?  The fact membership has been reported nearly capped out almost certainly reflects an interest in attaining access to Trump.

Other ethical lapses abound in the Trump administration.  Make your own judgment about how bad they are and what Congress, the judicial branch, and the nation should do about them.   What do you recommend?

PROTECTING ROBERT MUELLER: ALLOWING THE SPECIAL COUNSEL TO GET TO THE TRUTH

Should President Trump fire special counsel Robert Mueller?  Should Mueller get more time to finish his investigation?  Not a day goes by now without a suggestion that Trump will soon set in motion events leading to the firing of the special counsel.  Since only Deputy Attorney General Rod Rosenstein can actually dismiss Mueller, presumably Trump would start by ordering Rosenstein to fire Mueller.  Should Rosenstein refuse, Trump would fire Rosenstein and replace him with someone who would fire Mueller, raising the specter of the 1973 Saturday Night Massacre. Richard Nixon had to dismiss both Attorney General Elliot Richardson and Deputy Attorney General William Ruckelshaus before finding someone in the Justice Department – Solicitor General Robert Bork -- who would carry out his order to fire special prosecutor Archibald Cox.  The Saturday Night Massacre, of course, ultimately led to appointment of another special prosecutor, Leon Jaworski, and paved the way for Nixon’s resignation in the face of certain impeachment.

Credible news reports indicate Trump ordered Mueller’s firing in June 2017 and tried again in December 2017.  The first time, Trump backed off because White House counsel Don McGahn threatened resignation if Trump went through with the dismissal.  In December, Trump discovered reports Mueller had subpoenaed some of his bank records weren’t

true and decided not to order Mueller’s dismissal.  These false starts don’t mean Trump won’t succeed in getting the special counsel fired.  Despite claims by Republicans, like departing House Speaker Paul Ryan, that they “don’t think” Trump will have Mueller fired, lots of people in Washington now believe it has become a matter of when, not if.

CONGRESS TO THE RESCUE

So what could stop Trump from successfully having Mueller axed, halting the Russia investigation?  One easy answer in theory that’s very difficult practically lies in congressional action.  Later this month, the Senate Judiciary Committee will vote on a bill sponsored by two Republicans – Thom Tillis of North Carolina and South Carolina’s Lindsey Graham – and two Democrats -- Chris Coons of Delaware and Cory Booker of New Jersey.  The legislation, identical to a measure introduced in the House by Pennsylvania Republican Charlie Dent and Vermont Democrat Peter Welch, would set specific standards for firing a special counsel and put review of such a firing in the hands of a three-judge federal panel.  Proposing, and maybe passing the bill, is easy.  Then the hard part starts.

First, as Republican Senator Susan Collins of Maine said recently, Trump would never sign such legislation.  It seems certain, in fact, he would veto that kind of measure.  Congress rarely overrides Presidential vetoes, especially ones of controversial bills like this one.  Veto overrides require a two-thirds vote in both chambers.  Given the current makeup of the House, assuming all 192 Democrats vote to override, passing the bill over Trump’s veto would require 99 Republican votes to get to the necessary two-thirds, 291 votes in the 435 member lower chamber.  In the Senate, assuming all 47 Democrats and the two Independents who caucus with them – Bernie Sanders of Vermont and Angus King of Maine, support an override, it won’t happen without 18 Republican votes to get to 67 for the two-thirds requirement.

Those numbers don’t even take into consideration the potential constitutional problems with legislation protecting Mueller.  Such a measure would thrust Congress into an executive branch personnel matter that might implicate separation of powers concerns.  Some constitutional scholars think impeachment represents the only way Congress can override such a Presidential action.  Senator Collins, in fact, agreed Congress would “send a message” if it passed such a law, but acknowledged it might not stand if challenged in the courts.

OTHER WAYS

Other things are now in the picture that potentially can keep the investigation going, even if Trump fires Mueller.  If Trump starts with firing Rosenstein, the Senate could require a promise from a new Trump appointee for Deputy Attorney General that he or she would have to appoint a new special counsel (AG Jeff Sessions has recused himself from Russia-related matters).

The recent FBI raid on the offices and residences of Trump lawyer Michael Cohen offers another vehicle for keeping the investigation

going, even if Trump succeeds in having Mueller sacked.  The United States Attorney for the Southern District of New York, Geoffrey Berman, initiated the Cohen raid after a referral from the special counsel’s office.  That part of the investigation, therefore, will continue, Mueller or no Mueller.  It’s been suggested this investigation imperils Trump more than the Mueller probe because it could lead to review of Trump’s real estate and other business practices going back years, not just his possible collusion with the Russians in interfering in the 2016 election.  

Finally, if all else fails, some of Trump’s alleged transgressions related to alleged collusion with the Russians, possible obstruction of justice, and money-related crimes might also have violated state laws.  Prosecutors in New York and other jurisdictions could pick up the investigation, though they might have to limit their probe in ways federal prosecutors do not.

Trump may well fire Mueller. As Trump likes to say, “We’ll have to see what happens.”  One thing that’s not happening is a complete shutdown of the investigation into Trump’s actions.  That will continue.             

OUR MOTHER AND HER LOVE

A little while ago, we started introducing our readers to our mothers – three women now deceased but who remain with us as we go through each day.  Rob began by sharing his feelings on the life and recent death of Electa Wiley.  Now, it’s time to learn about the wonderful woman who shaped Henry’s life...

My first memories are of images and a voice. I learned at some early point in my life the images were pictures in books and the voice was my mother reading to me before I could comprehend. In subsequent conversations, I recognized those images as she showed me the books she had read to me from while I was still in her womb, continuing until I could read alone.

Freda Jones grew up in Warren, Arkansas where her nickname was “Honey” because of her personality.  That loving, pleasant, upbeat, hopeful personality served her well all her life. She met my father, Henry L. Jones, Sr., at Arkansas Baptist college.  They married in 1943 and I was born in 1945. She dropped out of college after my birth to take care of me and the second son they had four years later, Kenneth Wayne Jones. 

Her decision reflected no lack of commitment to her education or to her teaching career. She simply did not want to leave our care to anyone other than herself.  After Kenneth and I reached elementary school age, she returned to college, driving to Pine Bluff each day and graduating from Arkansas AM&N – now U of A Pine Bluff – in 1958. She taught in the elementary grades in the Little Rock school system for 30 years.

My brother and I benefited from her meticulous preparation each night

for the next day’s learning experience for her students. As we watched, listened and learned I do not exaggerate when I say Kenneth and I experienced love from the most loving and caring person we have ever encountered. This love was not extended to us only but to the kids in the neighborhood, the children at church and Sunday school, the students she taught, and almost anyone else who crossed her path.  She taught us hate and bitterness were not options, but hope and faith must rule our lives. I still hear from students she taught.  One of them wrote recently:

“My reflection on the life of Mrs. Freda Jones reveals a truly, truly, blessed life.  This woman of God, woman of faith, wife, mother, educator, cook, petite, elegant lady impacted my life from the 5^th grade of elementary school at Booker T.  Washington in the South end of Little Rock, to my later years. As I entered the gospel ministry and furthered my theological education, I was blessed to be one of the many she prayed for. Thank you, Mrs. Jones, for your life-long impact and influence on my life. I shall never forget you. It is because of your sweet, caring, Christian spirit I am what I am today. I owe you.  Thank you. I love you.”

I guess her nickname was always appropriate.  

I visited my mother as she lingered in the hospital just before her death. The rainy day reflected my sadness as my tears seemed to merge with the downpour. But I experienced joy as I recalled:

                                       IMAGES OF LOVE

Remembering pictures before understanding

And works before comprehension

A mother reads to an infant; an adult remembers the images and words

The love in those beginnings

Two boys knew only love

From the mother who answered all questions

(she said it’s the only way they can learn)

Explained all Dilemmas

And soothed all wounds

They saw her love of the lovable

And the not so lovable

Because we were watching?

No, it was just her faith requiring it

And we were the beneficiaries

We had cinnamon rolls after the snow storm

And pick-up sticks after the teachers’ meeting

Books and love and pecan pie and love

And lectures and love and church and you can do it

And love and take your time and love

And you’ll be fine and love

For He is watching

And love and love and love and love

We saw, felt, breathed and bathed in her love—

She gave in life—we must with each breath

Carry that love into each day as she continues

To spread that love where love is unending.

She told us to listen

Even to the clamor

Of a boisterous and undisciplined world

For if we listened

We could hear the small voice

Revealing the secrets of the universe

Follow that voice and your paths

Though not easy

Will lead to eternity

We’re still listening Mom

You just keep talking.