Showing posts with label Donald Trump. Show all posts
Showing posts with label Donald Trump. Show all posts

Wednesday, June 9, 2021

DONALD TRUMP’S LEGAL TROUBLES: CLOSING IN?

In late May news broke that Manhattan District Attorney Cyrus Vance, Jr. had impaneled a special
grand jury in his investigation of former President Donald Trump’s business activities. Since then, it has become increasingly likely Trump and/or his top executives could soon face criminal indictments. Reporting
indicates prosecutors have several Trump confidants in their sights, including his main money man, Alan Weisselberg.  Reportedly, Vance has targeted tuition payments the Trump organization made for Weisselberg relatives as potential tax evasion.

On May 20, New York Attorney General Leticia
James announced her office would also  investigate Trump. A Vance-James combination could spell real trouble for Trump. She has a reputation for aggressively prosecuting political figures.  

The prospect of indictments against Trump’s closest business associates, and even the former president himself, raised the prospect of what a criminal trial of a former chief executive would look and feel like. That inspired differing responses from the three of us.

 

Woodson: Action and the Matter of Process

Throughout his presidency Trump demonstrated 

repeatedly that he aspired to be an autocrat.

Congress refused to act. 

                         

Losing the presidential election Trump incited an 

insurrection. Congress refused to act. 

Trump is a clear and present danger to democracy. But Republicans continue to follow him. It now appears that someone will act.

                                      
Donald Trump’s criminal misdeeds may finally undo him. Prosecutors in New York seem to think they have enough evidence to criminally indict and convict him. 

In prosecuting their cases, they must be careful  not
to deny Trump – or even appear to deny him - due process of law and the presumption of innocence until proven guilty.

Due process and the presumption of innocence  are
fundamental rules of law in our democracy. Trump 
and his supporters will surely holler “foul” at the slightest provocation. The criminal proceedings must be meticulous, solid, and above reproach.


The prosecutors must demonstrate that they believe in the rule of law and not violate it in their eagerness to secure a conviction. If Trump behaved in any way in his business life as he has in public life, there will be plenty of evidence with which to criminally convict.

The prosecutors might want to take a page out  of
the playbook of Jerry Blackwell and Steve Schleicher, prosecutors in the Derek Chauvin trial. Let meticulous preparation and the rule of law be the order of the day.

 

Henry: Smoke and Fire

How does the American justice system handle a criminal defendant with 70 million loyal followers

who believe everything he says? That’s  the key question for me in contemplating the criminal probe of the former president now proceeding in New York. Since Trump’s 2016 campaign began a plethora of potentially criminal allegations swirled
around him – possible tax evasion, corruption in his foundation, alleged payoffs to porn stars with whom he supposedly had affairs, and
more. The list grows through the reporting on the current criminal probe. With as much smoke wafting in the air, isn’t there fire in the vicinity?


Then there’s the matter of Trump’s associates. The names have become familiar – Michael Cohen, Paul Manafort, Roger Stone, Michael Flynn, et al.  All have incurred the wrath of the law because of things that involve Trump. Could the boss have been innocent in each and every one of their cases?  

But, Trump was president and that makes this situation unique. Yes, Richard Nixon had a collection of criminals around him, but Gerald Ford pardoned Nixon. He was never prosecuted for his crimes. Many of his associates went to jail, but Nixon went about his business.  Joe Biden certainly isn’t giving Trump a pardon, so the system must deal with him, with the backdrop of his widespread public support. That’s new for America.    

                       

Rob: A Meaningful Moment?

As much as my Democratic heart flutters at the

thought of Donald Trump in an orange jump suit and the Secret Service figuring out the logistics of protecting a former president in the Big House, that prospect isn’t what intrigues
me most about Trump’s legal troubles. Whatever possibility exists he might be called to account for the crimes he may have committed is one of the best things that could happen to the United States.

As a lawyer, I agree about letting the process play out, trusting in the rule of law, and all that business. Trump enjoys the same presumption of innocence as any criminal defendant.  Having said that, the country’s legal system would benefit from tangible evidence that the law applies to everyone. Trump

avoided indictment in connection with the Mueller probe into Russian interference in the 2016 election because of the Justice Department prohibition on prosecuting a sitting president. We were told Trump remained subject to the law once he left office. Now, apparently, we’ll find out if that’s really true. It would do the country good to know that it is.

Politically, Trump has caused all kinds of mischief since he left office. He controls congressional Republicans who have taken unfortunate actions at

his behest, like blocking a commission that would have investigated the January 6 insurrection. Trump recently claimed he’ll soon be “reinstated” into the presidency, a ludicrous proposition. If nothing else, criminal indictments should occupy Trump’s attention, leaving him less time for such nonsense. Our politics will benefit greatly from such a respite.        


Monday, May 24, 2021

JOE MANCHIN: POWER BROKER OR JUST A PAIN?

Pundits increasingly describe West

Virginia Senator Joe Manchin as the second most powerful Democrat in the country or as a royal pain. Maybe he’s both. That’s what makes taking a hard look at the 73 - year old third term senator and former governor of the Mountain state worthwhile. Manchin now plays a huge role in every political calculation in Washington and he’s apparently enjoying it.

With Democratic control of the

senate hanging by a thread, Manchin’s made his mark. He blocked President Joe Biden’s nomination of Neera Tanden as budget director and kept the $15.00 minimum
wage out of stimulus legislation. He opposes D.C. statehood, objects to universal background checks on gun purchases, and apparently won’t back eliminating the senate filibuster.

Manchin isn’t on board with the size of Biden’s $2 trillion infrastructure bill. He says he wants a bipartisan infrastructure deal that doesn’t “abandon” Republicans.

So, we ask: what’s up with Manchin. We look at the same facts, but see different things:

                  

Woodson: A Democrat in 

Republican Appearance? 

Understanding Manchin requires understanding West Virginia. The state is 92 percent white, four percent black, 0.997 percent Hispanic, and 0.737 percent Asian. It’s wracked by poverty, addiction, and low household incomes. Richard Ojeda, a West Virginia politician says the choices for high school graduates are, “dig coal, sell dope, or join the Army.”

Until 2005, the West Virginia Senate was 21-13 Democrat. Its House was 72-28 Democrat.  In 2014 West Virginia’s House turned Republican for the first time in 83 years. The state elected its first GOP U.S. Senator in 60 years and sent a totally Republican House to Washington for the first time in 60 years. Donald Trump trounced Hillary Clinton by 42 points in 2016 and Biden by 39 in 2020.

Manchin, nonetheless, has maintained his senate seat since 2012. Until Biden’s election, Manchin was relatively insignificant. Now holding a decisive vote, he has become significant. Conservative votes increase his re-election prospects. He is not beholden to Democrats. They need him more than he needs them. He might be the only Democrat capable of holding that seat.

West Virginian Christopher Reagan, Jr. recently wrote in the Atlantic that “Manchin does not have an overarching ideology.”  True? Perhaps Manchin votes conservatively with political calculation. He voted to confirm more than 100 of Trump’s nominees. None required his vote. He voted for Brett Kavanaugh’s Supreme Court nomination after it became clear Republicans had enough votes for confirmation.

Manchin voted to save Obama Care,saying Medicaid expansion was good for West Virginia. While he made sure top income earners were excluded from Biden’s stimulus package, he voted ‘yes.’  He agrees that if Republicans won’t support an infrastructure package Biden will have to proceed without them.

Will Manchin become a Republican? He’s not fond of GOP leader Mitch McConnell who vowed he’d “crush Manchin like a grape” in the 2018 midterms. After his three-point victory, Manchin delivered a jar of hand crushed grape jelly to McConnell’s office.

Manchin said of Biden in The Hill, “I

think he’s a good human being, just a good heart and a good soul, and he’s the right person at the right time for America.”

Manchin may not be an ideologue. But, he’s a Democrat in a state where Democrats are an endangered species.  

           

Henry: Mixed Motives?

It seems Manchin has different values

and goals than his fellow Democratic senators. Other Democrats may share some of his ideas, but they don’t act on them with the force and determination he exhibits. Whether his behavior represents political expediency, principle, or the enjoyment of personal political power, he walks a tightrope.   

The turn in his West Virginia constituency away from its Democratic roots likely explains some of his actions. Manchin can win in his state, but he’s not so popular he can deviate far from the views of white West Virginians. If he seeks another term in 2024, he’ll find

himself on the ballot with a strong Republican candidate atop the ticket. His political position offers little margin for error, so the last thing he needs is being on record in support of things the West Virginia electorate would find objectionable.

But home state political considerations

may not totally explain Manchin. Perhaps he believes in what he espouses, even if he’s not an ideologue. Beyond that, Manchin occupies a unique position in the American government. He has some control over the nation’s agenda. That he can use that control in service of his own political survival could mix with principle and the hubris all political figures experience when other people must come to them for things they want. Maybe all of that is going on with Joe Manchin.            

 

Rob: All About West Virginia

As much as any state, West Virginia symbolizes the changing appeals of America’s two parties. West Virginia

was solidly Democratic when the party’s fundamental appeal was economic populism aimed at white, working class voters. West Virginia has many more coal miners, factory employees, and construction workers than tech types, suburban professionals, and financial industry workers, now the backbone of the Democratic coalition in blue states. Add that to the dearth of voters of color and it’s no wonder West Virginia votes as it does in presidential elections. So, Manchin must represent this constituency while being part of a national party that wants a more progressive nation.  

Culture plays a huge role in this. When the Democratic Party became the party of protecting reproductive freedom, promoting LGBQT rights, and supporting gun safety measures, West Virginia’s white voters fled. Those issues drive the margins Republicans rolled up in recent presidential elections. Manchin knows where the voters are in his state and he’s not risking getting on the wrong side of them, economically or culturally.

Wednesday, March 24, 2021

A SALUTE TO COVID FIGHTERS: SHOULDN’T WE DO MORE?

 

“I look at it; I view it as, in a sense, a wartime president. I mean, that's what we're fighting”.

Donald J. Trump, March 18th, 2020

 

“This is a wartime undertaking”.

President Joe Biden, January 21st, 2021


There have been few areas of agreement between Biden and Trump. But they both agree, fighting the Coronavirus is like war.

In every war there are combatants. Some are more essential and more vulnerable than others. This war is no different. Like other wars the risks have not been borne equally.  Those who earn their living primarily by moving

words and numbers around on paper can work from home. Office computers were moved home and Zoom became the thing for holding meetings, conferences, and even prosecuting legal proceedings.

 

We think that no combatants have been more essential or more vulnerable than
our essential health care workers. They have gone into battle daily since the outbreak of the Coronavirus to take care of our infected loved ones and
comfort them while they suffered and often died, because we could not be at their bedsides. They often worked for minimum wages.

According to a joint undertaking by Kaiser Health News (KHN) a national newsroom that produces in-depth journalism about health issues, and “The Guardian”, in a report published December 23, 2020, more than 2,900 U.S. health care workers died during the COVID-19 pandemic between March 2020 and December of 2020.  People of color have

been disproportionately affected, accounting for about 65% of deaths. The deaths continue.  

Some of these workers worked in plants, in crowded conditions that didn’t permit social distancing. The food industry offered one prime example. Workers in meat processing plants, especially, suffered high rates of infection and death from the disease.


Bearing a Heavier Burden

Many home health providers care for multiple patients, who also bear the consequences of
their work conditions. “If you think about perfect vectors for transmission, unprotected individuals going from house to house have to rank at the top of the list,” said Nina Kohn, a professor specializing in civil rights law at Syracuse University, quoted in the KHN report.

Nonetheless, caregivers like Samira, in Richmond, Virginia, identified in the KHN report, have little choice but to work. Samira — who makes $8.25 an hour with one client and $9.44 an hour with another, and owes tens of thousands of dollars in hospital bills from previous work injuries — has no other option but to risk getting sick.

“I can’t afford not to work. And my clients, they don’t have anybody but me,” she said. “So I just pray every day I don’t get it.”

From Despair to Hope

When we came to understand the deadly nature of the Coronavirus, the nation
faced a calamity like few it had experienced in its 250-year history.  The country shut down and the health care workers on the front line faced the grim task of continuing to treat thousands of people for a disease, medical experts knew little about. We had no drugs proven effective against the virus. Since it was airborne, people
caught it easily from other people. In many cases, the consequences were deadly. Those health care workers found themselves hooking people up to ventilators, knowing their patients would often die anyway. They did so because it was their job.

Worse than the lack of effective treatments was the fact there was no vaccine that could keep people from getting the disease. The only tools for prevention were masks, hand washing,  and “social distancing.”


Vaccine and Hope

Federal agencies began approving vaccines
for use in the United States in late November/early December of 2020. Unfortunately, the federal government didn’t have a distribution plan and left most of the work to the states. Predictably, inoculations lagged in the early months of vaccine availability.  That changed with the beginning of the Biden administration.  The new president made vaccination a high national priority. He set a goal of 100 million shots administered by the end of his first 100 days in office. His team met that goal by day 58. The goal now is sufficient vaccine supply by May for every American who wants it. We can all now see hope.


The national experience with Covid-19 has
shown some encouraging traits in the American character. Yes, we have endured senseless selfishness born of partisan bickering, but when faced with adversity, Americans have risen to the challenge.

Who can forget those inspiring scenes in March, April, and May of 2020 of people
standing on their balconies saluting front line health care workers during shift changes? Such expressions of support now occupy a special place in American lore, joining the spontaneous expressions of patriotism that sprang up after the September 11, 2001, attacks.

Now, with hope and optimism that maybe, just maybe normal appears in sight, we take a few moments and review where we’ve been and where we’re going, from the perspective of the people who’ve borne the brunt of fighting the  war on the pandemic
Coronavirus.  The vaccines now available provide real hope, especially for the people who’ve led the fight against the devastation this virus has wrought.

Many front-line workers are now dead, leaving behind husbands, wives, children,
grandchildren, siblings and loved ones from whom they were taken tragically and some often too soon, or have survived but suffer long term medical consequences.

Is simply expressing our heartfelt gratitude enough? Rep. Norma Torres (D-Calif.) referenced the KHN data citing the need for a pending bill that would provide compensation to the families of health care workers who died or sustained harm from COVID-19.

We believe these combatants deserve the same treatment veterans who bore the brunt of the burdens of wars received - special benefits for their sacrifice.

          

Monday, February 22, 2021

AMERICA’S CLOSE CALL WITH LOSING DEMOCRACY: THE 2020 ELECTION STORY THAT’S BARELY BEEN TOLD

         

At first, we thought the end of the impeachment trial marked a good time for turning the page on Donald Trump and the 2020 election. The new administration certainly has turned the page, as President Biden’s recent Wisconsin and Michigan trips, his first since taking office, indicate. Biden and Vice President Kamala Harris revved up their campaign to build support for the administration’s $1.9 trillion coronavirus relief package. It appears they’re making headway. Polls showed Biden’s approval rating over 60% and support for the virus legislation nearing 70%.

One thing, however, caught our attention and made

us consider something about the election we can’t ignore –the danger democracy faced and escaped. The February 15/February 22 issue of Time Magazine includes a stunning report about the unprecedented effort by Americans of all political stripes to save the 2020 election. These Americans, first and foremost, wanted a fair election. Their objective was not engineering a victory for either side. The story hasn’t gotten the attention it deserves. According to Time, the key participants say they “want the secret history of the 2020 election told,” so we decided we’d help them get it out.

Molly Ball wrote “How Close We Came: The Secret History of the Shadow Campaign that Saved the Election.” She details how business interests, labor unions, and social activists made “sort of an implicit bargain” in which they came together to“keep the peace and oppose Trump’s assault on democracy.” It started with a man few people have heard of, Mike Podhorzer, and wound up involving hundreds of Americans from different political orientations.


Beginnings – Fall 2019 

Podhorzer’s political roots grew in union soil. He served as senior adviser to the leadership of the
AFL-CIO and developed a reputation for using scientific methods in campaigns. In late 2019, he realized a disaster loomed with the 2020 vote because Trump could try to “disrupt the election.” Podhorzer found others, especially in voting rights and civil rights organizations, who shared his fears. He began communicating with them and in March 2020 put his thoughts into a confidential memorandum that outlined how Trump might use right wing media and social media in claiming he’d won the election, even if he lost.

Four major concerns appeared early: (1)attacks on 

voters, (2) attacks on election administration,

(3) attacks on Trump’s political opponents, and

(4) attempts at reversing a Democratic victory. 

Podhorzer's group began working on these

problems before Biden clinched the Democratic

nomination and the Biden campaign never had a

real role in his efforts.


The COVID Bugaboo

Once the pandemic hit, it became clear conducting the 2020 election would pose special problems. States including Ohio, New York, and Wisconsin experienced turmoil in primaries because of poll-worker shortages, lack of polling places, and delayed vote counts.

           
The pandemic presented the first opportunity for real cooperation between the liberal activists sounding alarm bells about the election and business groups, many of whose members supported Trump, yet wanted a free, fair election. Business feared the impact on the economy of prolonged civil disturbances that might follow a disputed contest. Many states and localities didn’t have adequate funding for a pandemic-stricken election. Congress provided some money, but it wasn’t enough. Private donations, many from the business community, filled the gap, helping local election officials purchase protective gloves, masks, and hand sanitizer.

The pandemic dictated a major mail-in

ballot effort. Podhorzer’s group focused attention on helping states prepare for that, something many had minimal experience with. Additionally, they worked at (1) helping the public understand counting the votes might take longer than usual, (2) fighting disinformation on social media by getting the platforms to enforce their rules, and (3) encouraging both left-leaning activists and business groups to buy-in and avoid inflaming the situation. Meantime, Democratic lawyers vigorously fought court battles against Trump’s false claims, before and after the election.  

Alliances

Ball writes extensively about the “strange bedfellows” the effort attracted. She notes that the 

AFL-CIO and the U.S. Chamber of Commerce (along with some religious groups) issued a joint statement on election day calling on the media, the candidates, and voters to “exercise patience with the process and trust in our system,” even if they didn’t agree on a preferred outcome.

Once Trump’s post-election fraud claims went into overdrive, members of the group encouraged support from former elected officials for election administrators. In Michigan, for example, three former governors, Republicans John Engler and Rick Snyder and Democrat Jennifer Granholmjoined in calling for an electoral college tally free of White House pressure.

End Game

The Time story makes clear Podhorzer’s informal group anticipated the January 6 effort Trump and his supporters made to interfere with the congressional tally of electoral college votes. The left-leaning activists who were part of the alliance made things easier by standing down in the face of the insurrection. They didn’t confront Trump’s mob with a counter protest, which only would have made things worse, in part by letting the right wing media offer a false equivalency narrative.

In the end, the informal group Podhorzer spearheaded narrowly pulled out a victory. Ball’s story reported that they (and the country) “won by the skin of [our] teeth.”  That the  United States

needed the kind of effort reported by Time both depresses and encourages. It depresses, of course, that we had such a close call. It encourages because Americans of all political persuasions stepped up and preserved our democracy. The Time story is worth reading.