A journey of a thousand miles begins with a single step Chinese proverb
Yeah, I know, it’s frustrating. I’m frustrated, you’re frustrated, everybody’s frustrated except for Trump whose the one doing all of the frustrating. But as frustrating as it is right ow, the Democrats are embarking on a process, a process that will lead to benefits down the road.
Yesterday, Jerry Nadler and the House Judiciary Committee voted to hold Trump’s Ambulance Chaser in Chief, William Barr, in contempt of Congress. I can only assume that Speaker Pelosi will call the sanction to the floor for a full House vote sometime next week, after all of the paperwork is finished. And then it’s off to court.
If the Democrats are smart, they won’t even waste time waiting for Barr’s DOJ to “process” the criminal prosecution request before they wipe their ass with it, although there is PR value in forcing the DOJ to appear just as lawless as their head in defying the contempt citation.
Immediately following a successful vote in the House, the House should immediately file suit in a civil court, requesting expedited processing. A civil court is where the action is anyway. The civil court can find Barr in contempt of congress, and when Barr fails to comply, now he’s in contempt of court, an entirely different but co-equal branch of government, and the judge can assess fines or even jail Barr for contempt. In Watergate, it took less than 3 months from the time the House filed suit in court for the case to be expedited through the courts to the point that the Supreme Court ruled that Nixon had to turn over the tapes.
And it shouldn’t be just Barr either. Chairman Neal should immediately begin contempt of congress proceedings against Treasury Secretary Steve Mnuchin, for refusing to turn over Trump’s tax filings, and start a separate hearing for the IRS Commissioner, who is the one actually named in the statute with responsibility for compliance. And if Don Mcgahn refuses to comply with the documents request, which he already has, and fails to show up to testify, hold him in contempt too. Intel committee chair Adam Schiff should subpoena Diaper Donnie Redux to testify, and when he fails to show up, file contempt proceedings against him too. And if Deutsche Bank and Mazars continue to defy subpoenas after the court rules against the Trump Klan, hold them in contempt too.
Because, never lose sight of the fact that President Panty Plucker is the ultimate dumbass. If a major league shortstop had a batting average equal to Trump’s success rate in court, he’d be back in AA ball tomorrow. Executive privilege is not a tarp that you throw over the compost heap, it’s a hankie you use to cover your nose when you sneeze. By claiming executive privilege over everything he has ever uttered since his first outraged holler when the doctor paddled his fat ass, in this as in all things, Trump overreached. And it’s going to cost him.
As he just did in his deciding that executive privilege is the hill he’s willing to die on. In US v Nixon, the Supreme Court unanimously ruled that executive privilege is not a blanket assertion, that it only applies in limited circumstances, and for limited kinds of communications. And “I can’t afford to let this shit become public” is not within the parameters. The fact that there is already legal precedent in both expediting lawsuits concerning congressional subpoenas, as well as a SCOTUS decision on the limits of Presidential executive privilege should help to push the process along.
But we only have this gift for one simple reason. And that reason is that back in 1974, the congress and their lawyers didn’t give up, they didn’t switch tactics, and they didn’t cur corners. They took a critical matter, they acted on it, and they followed the process to its conclusion. And that is exactly what this congress must do right now. Not only for the current situation at hand, but for what it will mean in the future. And follow through on every last lawless refusal to comply that they can charge contempt on, and bring into court.
because, as hard as it is to believe it, while we’re neck deep in a sea of shit, and our water wings are leaking, we will survive this. And somewhere down the road, hopefully long, long after you and I have shuffled off of this mortal coil, there will be another arrogant dipshit who manages to be elected President, and tries to turn himself into a tin horn dictator. And every successful contempt charge that we make stick today, will make it easier for a future congress to use the established case law to stop this nonsense so much quicker in the future. because that’s the gift that that congress gave us 45 years ago, when they followed the process, and forced the last lawless President to slink off with his tail between his legs.
Don’t stop what we’re doing. Keep holding hearings, keep investigating, keep making demands. And when an administration official refuses to comply, follow up contempt of congress proceedings with impeachment proceedings, and vote to impeach. That should keep that traitorous little turtle McConnell occupied in the Senate, and stop the relentless flow of shoddy judges from being approved. But never ignore the process, it takes more tie, but it’s well worth it. If not for ourselves, then for our children.
That’s really, “In American politics, a journey of a thousand miles begins with a single step…… and two steps back!”
I’d add that following the correct process strengthens the court case that will follow. For example, like everyone else I wanted Ways & Means to get Trump’s taxes months ago. The law on this is not only literal black and white that the IRS SHALL turn over any taxpayer’s returns upon request but it was enacted due to a President and Presidency mired in its own scandal a hundred years ago – even for those who don’t know the particulars the term Teapot Dome Scandal from history classes growing up will ring a bell. However the Chairman didn’t go off half-cocked. He laid some groundwork before submitting the formal request including carefully tailoring it, and in the process gave the IRS Commissioner (and his chief counsel it turns out) and even the Treasury Secretary rope with which to hand themselves. Trump and his minions will lose in court, but more importantly there is another provision of related tax law Lawrence O’Donnell highlighted recently (with a guest who’s an expert on in) which clearly states that any official who acts in a manner to deny (or even delay/interfere with) a request such as the one that has been made has committed a federal FELONY punishable by up to five years in prison or a fine or both. So we have several people already on the hook for that, but if down the road some serious hardball gets played it can include all the lawyers (including Barr and others on his “crew” at DOJ) who have written up what they know (or should know) bullshit theories on why the request for Trump’s tax returns hasn’t been complied with. Not to mention Trump himself who has clearly inserted himself in the process and interfered. Given a choice of a deal to save their own ass from prison or testifying Trump ordered them to defy the request for the tax returns they will sing like canaries.
The point of all that I’ve written is to show just how much taking some time and carefully following process, especially in high profile matters involving an individual(s) with a lot of power is an important thing to do. IOW don’t give a judge (or a Justice) any room for playing games – and most of them really like their lifetime appointments and don’t want to give them up. Not for Trump.
I’m not scared of Pelosi, Schmidt, Nadler, Neal, Waters, Cummings, et al… it that’s because I’m not a criminal who has crossed them. Trump should be very, very scared.
This, Murf, is why I’m kind of pissed off at the various howler monkeys on our side lately. Possibly because they’ve watched too many movies where the solution is simple, possibly because they care less about what comes after than they pretend, they want impeachment proceedings YESTERDAY or the Apocalypse is here. It never occurs to them that following this process will get us there AND leave something worthwhile standing in the end. So I sneer at their panic as much as I do Trump’s…this battle is just getting started.
” Executive privilege is not a tarp that you throw over the compost heap, it’s a hankie you use to cover your nose when you sneeze.”
Great analogy!
Of course, someone who doesn’t know how to fold an umbrella, is just the sort of person to mix up two fabric sizes.