Tag: Congress

One-Liner Wednesday: Presidents

“Stated simply, the primary takeaway from the past 250 years of recorded American history is that Presidents are not kings. This means that they do not have subjects, bound by loyalty or blood, whose destiny they are entitled to control.”
~~~ U.S. District Judge Ketanji Brown Jackson in her 120-page opinion that former White House Counsel Donald McGahn must comply with a Congressional subpoena
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Join us for Linda’s One-Liner Wednesday! Find out how here:  https://lindaghill.com/2019/11/27/one-liner-wednesday-im-gonna-make-it/

Badge by Laura @ riddlefromthemiddle.com

testimony

I have spent (a lot of) hours over the past two weeks listening to testimony in the Trump impeachment inquiry.

I was particularly impressed with Ambassador Marie Yovanovitch, Lt. Col. Alexander Vindman, and Dr. Fiona Hill. They were all knowledgeable and forthright, despite attacks on them personally by the president and his allies. The White House instructed nearly all the witnesses not to testify, even though they were under Congressional subpoenas. It was brave of them to appear, first in closed door depositions and later in public testimony.

Some of the Republicans complained about the closed door depositions, but they proved to be very valuable. It meant that each witness could share what they knew without being influenced by another person’s testimony. As it turned out, most of the witnesses’ recollections jibed with all the others, except for EU Ambassador Sondland, who amended his deposition after reading some of the others’ when they were released publicly. For the record, it is not true that Republicans were shut out of the depositions. There were three committees involved and the Republican members and their legal counsel had equal opportunity to question the witnesses. Some also complained that the White House lawyers were not involved, but their role will come later, if there is a trial in the Senate. The House is investigating possible articles of impeachment, which are like an indictment in the courts. The House committees are, essentially, acting as a grand jury would in gathering evidence and deciding to bring charges or not. Defense lawyers do not take part in grand jury proceedings.

Because the (hours and hours of) deposition transcripts were released prior to the public hearings, it was assumed that the hearings would be pretty routine, highlighting certain aspects of the depositions. However, new information emerged. One noteworthy incidence of this was when Ambassador Bill Taylor testified that a member of his staff had told him that he had overheard a phone call dealing with Ukraine between Ambassador Sondland and President Trump. This led to the staff member, David Holmes, flying from Kyiv to Washington to give a deposition and public testimony about it.

Another big surprise was when Ambassador Sondland acknowledged very plainly that there had been a quid pro quo; the administration in the US had withheld military aid and a promised White House meeting for the new Ukrainian president in order to get him to announce in public that he was launching an investigation of former US vice-president Joe Biden and his son Hunter, as well as an investigation of Ukrainian interference in the 2016 US presidential election, despite abundant evidence and indictments of Russian, not Ukrainian, operatives. The president and many of his allies have been saying for weeks that there was no quid pro quo, so such a frank admission from Sondland was startling.

Sondland was full of surprises. Another big one was that he implicated President Trump, Vice-president Pence, acting chief of staff Mick Mulvaney, and Secretary of State Mike Pompeo as all being “in the loop” about the situation. He also said that the president was directing their actions, which demolished the theory that some individuals were doing these things as rogue elements.

It would be helpful if documents, such as memos, contemporaneous notes, and call records, were available to the committees, but the White House is refusing all requests for documents, as well as blocking witnesses from testifying. This is bad. It seem like a coverup and obstruction of Congress/justice. Obstruction appeared in articles of impeachment for presidents Nixon and Clinton.

I was also perturbed by some of the statements and questions from the Republican members of the committee. They sometimes listed as facts things that are not. They kept asking about things that are not relevant to the impeachment inquiry and already debunked conspiracy theories.  They also insulted some of the witnesses by asking questions about unpatriotic behavior without any basis in fact. I remember during the Watergate hearings that there were Republican members of Congress who took their responsibilities very seriously, even though Nixon was also a Republican. In particular, I remember Senator Howard Baker.

Interestingly, Intelligence Committee chair Representative Adam Schiff in his at times impassioned closing remarks asked “Where is Howard Baker?” At the moment, no Republican members of Congress appear to be fulfilling their Constitutional role to discover and act on the truth, as Howard Baker did. Rep. Schiff concludes his remarks invoking the recently deceased Representative Elijah Cummings, “We are better than that.”

I hope we, as a country, are still able to uphold the Constitution and our highest ethical principles. If Republicans can’t imagine themselves as above partisanship, perhaps they can imagine how they would have reacted had President Obama acted the way President Trump has and then lied about it. During the eight different Congressional investigations into what happened in Benghazi, the Obama administration provided documents and testimony over and over, even after it was clear there was no conspiracy or crime involved. How would Congressional Republicans have acted if the Obama administration had stopped cooperating? Are they treating the Trump administration’s lack of cooperation in the same way? If the answer is no, they need to look at their duties to the country and their oath of office and consider if they are fulfilling them.

SoCS: going nuts

This week, the city of Washington DC has been going nuts.

There is, of course, the ongoing political battle in Congress regarding the impeachment investigation of the president. There have been more depositions this week and there was a vote in the House of Representatives laying out the rules for the next phase of the process, which will include public, televised testimony. I was a child when the Watergate investigation was going on in the Nixon administration and still remember some of the members of Congress from those hearings. Unlike the Watergate hearings, though, these will be held only in the House. The Senate committees are controlled by Republicans and they aren’t about to investigate a president of their party. I find this disappointing because there was at least some bipartisan cooperation between the parties during both the Clinton and Nixon impeachments. (Nixon resigned before he could be impeached.)

There was, though, a happier reason for people in the nation’s capital to go nuts. The Washington Nationals won the World Series! It had been many decades since a Washington baseball team won a championship. They succeeded my favorite team, the Boston Red Sox, who won the Series last year. I remember how I felt when Boston won their first World Series in decades in 2004, so I expect Washington fans feel similarly. I appreciate the Nationals team spirit. They way they pulled together and supported each other led to their victory. It was the first time that neither team won a game in their home stadium; at four of the Nationals wins were in Houston. That was really amazing! Congratulations to the Nationals! Thanks for giving Washington something positive to go nuts about!
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Join us for Linda’s Stream of Consciousness Saturday. The prompt this week was “nuts.” Find out more here:  https://lindaghill.com/2019/11/01/the-friday-reminder-and-prompt-for-socs-nov-2-19/

swept away by the news torrent

I try to keep up with important national (US) and international news. When I was away at my residency week at MASS MoCA earlier this month, I read/heard very little news, which was nice for a bit of a mental break, but it has been a challenge to catch up and keep up.

The pace of news here in the United States has been a particular challenge. Important news stories are breaking all the time – and I’m not talking about the news channels that call almost everything “breaking news.” The investigation into the relationship among Ukraine, the Trump administration, and Rudy Giuliani and his associates is especially concerning. The Congressional investigation is ongoing, but is in its early stages. Any depositions taking place right now are confidential, as grand jury investigations would be in the court system. There have been contradictory public statements from the president, his chief of staff, and Giuliani, sometimes even within the same interview, statement, or tweet-day. (Is there such a thing as a tweet-day? I’m not sure of the proper nomenclature.)

I am appalled by Trump’s withdrawal of support for the Kurds in Syria, who did most of the fighting and lost over 11,000 in the international battle against ISIS (ISIL). That he decided to do this without consulting his Cabinet, national security advisors, and the military leadership is stunning. The deaths, injuries, and loss of homes and livelihoods of the Kurds of northern Syria is his personal responsibility, as he withdrew the United States troops that had been protecting against an invasion by Turkey.

It will be incumbent upon the next US president, whomever it will be, to begin repairing the damage that has been done to our standing among nations. It will be a decades-long process and our reputation will never be fully restored. I hope that Congress will pass new laws to explicitly prevent some of the corrupt and unethical conduct that we have seen from this president, laws that had never been written down as it was assumed that ethical constraints and thoughtful, collaborative decision-making practices would hold. We also need to re-balance the powers of the various branches of the government. The executive branch has become much too powerful. It is no longer co-equal with the legislative and judicial branches; indeed, it has defied both Congress and the courts on multiple issues.

The United States also needs to acknowledge and develop better defenses against cyber war, which can be more wide-ranging and dangerous to civilian populations than armed conflict. Foreign governments have infiltrated or attacked government, corporate, and private systems. We need to better protect our financial, utility, business, and government computer systems to avoid the chaos of election tampering, blackouts, transportation disruptions, business shutdowns, and more.

It would also be helpful to reinforce that the right to freedom of speech and freedom of the press does not give license to lie, slander, threaten, exploit, or incite violence.

The list of tasks could go on, but that seems to be enough for one post.

I am very sad to write this about my country that I love so much. I am trying to gain comfort from this quote from Abraham Lincoln’s first inaugural address:

We are not enemies, but friends. We must not be enemies. Though passion may have strained, it must not break our bonds of affection. The mystic chords of memory will swell when again touched, as surely they will be, by the better angels of our nature.

It is sobering, though, to think about how terrible things became and how long it took for “the better angels of our nature” to re-assert themselves.

We need those “better angels” now, not in some distant future.

 

evidence

Since I wrote this post, more and more evidence has become public about how President Trump tried to enlist foreign leaders in discrediting rival politicians and then to restrict access to the reports and hide the evidence in a super-secret computer. In the coming weeks, it is likely that more information will be forthcoming as the House Intelligence Committee holds hearings and as more investigative reporting appears in national newspapers. Among the other people already implicated are Attorney General Barr, Secretary of State Pompeo, and the president’s personal attorney Rudolph Giuliani. Besides Ukraine, it appears contacts were made with Australia, Italy, and Great Britain in attempts to undermine the work of the US intelligence organizations. All of these actions are related in some way or another to Russia, who we know interfered in the US elections in 2016. It also appears that United States pressure has resulted in Ukraine agreeing to have elections in the eastern part of the country where insurgents backed by Russia have been fighting for several years. Ostensibly, this could lead to that region being given special status and would then officially ally itself with Russia, who would ask to have the international sanctions against them lifted, which is what they have been trying to do since Trump’s election.

If the current public information is corroborated with testimony, documents, and other evidence, it would be very grave. To make matters worse, the administration is continuing to say that its employees may not testify or turn over documents. This seems to also be obstructive behavior.

Now, the Inspector General of the State Department has asked for an urgent meeting with several Congressional committees on October 2nd, tomorrow as I write this. I am filled with trepidation, but grateful that the Inspector General is independent of the State Department and can’t be blocked from bringing information to Congress.

Stay tuned.

uncharted territory

I can’t even count how many times during the Trump campaign and presidency I have heard historians, policy experts, and commentators say that we are in “uncharted territory.” It’s bewildering as each new scandal breaks, only to be swallowed up by the next one.

The story that has been breaking over the last few days is that a whistleblower from the intelligence community went to the inspector general with an issue of concern. The inspector general found the issue credible and urgent and, as statute dictates, told the (acting) Secretary of Homeland Security who was supposed to send the information on to the House and Senate Intelligence Committees, who have oversight duties. Instead, he brought the concern to the executive branch, in this case to the White House and the Department of Justice. He is now refusing to pass the information on to the committees because the person under question is not part of the intelligence community, even though the  statute is clear that the information must be handed over regardless of who is the subject.

Partial information about the case has been sussed out by the press. Apparently, the whistleblower was alarmed by a pattern of behavior by the president toward Ukraine. Part of the problem seems to be that Trump pressured the president of Ukraine to launch an investigation of former vice-president Joe Biden and his son; Joe Biden is one of the top tier Democratic contenders vying to run against Trump for the presidency in 2020. Trump now admits discussing the matter with the president of Ukraine, although he says he didn’t “pressure” him. If, however, the allegation is true that DT did pressure the Ukrainian president, he could be investigated for extortion, campaign finance violations, and courting foreign influence in a US election. He could also be charged with obstruction for not turning over evidence in a Congressional investigation.

And this new issue is on top of the possible obstruction of justice acts described in the second half of the Mueller report.

And the emoluments case wending its way through the courts and under investigation by the House.

And keeping members of his cabinet and staff, present and former, from cooperating with document requests and testimony, which is also obstruction.

And he hasn’t turned over tax returns for himself and his businesses, despite valid Congressional requests and New York state court subpoenas.

This is not a complete list.

The level of corruption is staggering.

What is needed at this point is for Congressional Republicans to step up and hold the president accountable for his actions. It is their duty to uphold the laws of the United States. So far, almost no Republicans have supported Congressional investigation which could lead to impeachment and removal from office. You can be sure that if a Democratic president had engaged in any of the actions that Trump appears to have taken, the Republicans would have investigated and impeached him/her long ago. During the 2016 campaign, there were Republicans saying that they would file articles of impeachment immediately after Hillary Clinton was sworn in as president, although it isn’t clear what grounds they thought they had. That Congressional Republicans are failing to hold Trump accountable only because he is a Republican is unconscionable and un-American.

What happens next? Who knows?

We are in uncharted territory.

more on guns

Being in the United States gives me many more opportunities than I would like to write about guns.

This morning, I have already heard at least three stories involving guns.

First, the New York red flag law finally went into effect over the weekend. This allows for family or other people with knowledge of the situation to go to court to temporarily take away firearm access and block the sale of guns to a person who is a risk to themselves or others. It’s good that this law is finally in operation. When there was a mass shooting in my county in ten years ago, the father of the gunman, knowing his son was unstable, had tried to prevent him from getting a gun license, but there was no mechanism at the time to do it. While New York had passed other gun laws, in particular after the Newtown CT shooting, it didn’t pass a red flag law until this year, which is disappointing in that it might have prevented the shooting here, had it been in effect.

Second, a friend’s birthday is today and she is doing a Facebook fundraiser for Everytown for Gun Safety. This organization works to combat gun violence of all kinds. While mass shootings get the most headlines, many more people in the United States are killed in individual circumstances. Sadly, the largest group of gun deaths is suicides. (The suicide prevention lifeline can be reached at any time at 1-800-273-8255; the website link also offers online chat and other information.)

Third, on CBS This Morning, they are starting an interview series with surviving family members of those killed in mass shootings.  One of the comments made was that life in those cities will never be the same, which may be true for Newfield and Charleston and El Paso. I haven’t found that to be the case for Binghamton, which, other than a memorial near the site of the American Civic Association, seems to be carrying on as before.

I think there are a number of reasons for this. The shooting happened ten years ago, when there was media coverage, but not the weeks of reporting that we see now. Even though it was, at the time, one of the deadliest mass shootings in the United States, it was before presidential visits and massive memorial vigils and services were as common as they are now. Lastly, as I have written about before, most of those who died were immigrants or foreign visitors who had come to a class to improve their English skills, when a deranged immigrant, who was now a US citizen, opened fire. In other mass shootings, the public tends to think that it could have been them at that store or church or movie theater, it could have been their children at that school, but their sense of public safety was not shaken as much by a shooting of mostly immigrants in a private non-profit’s building.

I do think that more and more people in the United States are appalled by the level of gun violence and want to enact more laws that keep guns out of the hands of people who kill or wound others. Congress will be back in session soon. Let your representatives know how you feel about this issue.

after the report

Nana is dozing in her recliner, so I thought I would try to do a quick post on my reactions so far to the redacted release of the Mueller report. With everything going on in my family life, I haven’t been able to read all 400+ pages, but have seen excerpts and analysis from lawyers and investigative/legal reporters, which I have found very helpful.

As longtime readers may recall, I was very concerned about Russian hacking and interference in the 2016 US presidential election, even before the voting took place, so volume one of the report, which details the Russian attacks, is chilling. It reveals how extensive the attack was, confirming that it reached millions of potential voters, some of whom were targeted with particular posts or ads because of where they lived, their race, and other personal factors. It also deals with the hacking of the Democratic National Committee and other campaign systems with release of materials to the public, as well as attempts to hack voting systems.

I am very concerned that Congress has not done enough to help the FBI and the states and localities identify potential weaknesses, especially in technology systems, and rectify them for the 2020 race, which has already started with many candidates declaring their intent to run in the party primaries. We need to be prepared for both similar attacks and for different kinds of attacks from Russia and from other countries. This should not be a partisan issue at all; people across the political spectrum should all be committed to protecting our national security and our freedoms.

The second part of the report is about possible obstruction of justice by the President. It makes it clear that no charges were filed because it is Justice Department policy not to indict a sitting president. Mueller also made it clear that he could not gather all the evidence needed, as the President and several other key figures were not able to be interviewed by the investigators. However, the report lays out details of possible counts of obstruction, which could be taken up by Congress as part of their investigations (which could lead to the filing of impeachment charges) or which could be charged by the courts after Trump leaves office. The statute of limitations for most of the actions taken by the president is five years, so if he leaves office during his first term or fails to win a second term, court charges could be brought for obstruction of justice.

The question of whether the House of Representatives will move toward impeachment is open. It’s complicated by the fact that the Mueller investigation was focused on Russian interference, but there are investigations on-going in other areas, among them illegal campaign contributions, emoluments, and financial crimes. Trump is trying to block them by ignoring subpoenas, not providing records, and not allowing even former staff to testify to Congress. It’s plausible that this could cause additional impeachment charges of obstruction for not cooperating with a Congressional investigation.

Additionally, people have to be aware that the standards for impeachment are different than they are for court trials. For example, one of the impeachment charges against President Nixon was lying to the American people. There isn’t a specific law against this, but it is considered a “high crime or misdemeanor,” which is the Constitutional impeachment criteria.

Some people say that Congress should just wait until the 2020 election, but I disagree. I’m afraid if these things aren’t investigated, with impeachment charges filed if found appropriate, it will look as though anyone who is elected president can get away with breaking laws and ethical codes for four years without consequence.

That is a terrible message to send. We, the People of the United States, deserve better.

Green New Deal

The Green New Deal is a concept that combines a rapid transition to sustainable energy to help keep global warming as low as possible – the Green part – with social justice action, not only to fund the initiatives but also to guarantee living wage jobs and truly affordable, quality health care – the New Deal part.

At this point, it has not been formalized as legislation, but there are plans to have a Congressional committee to study all the components and put them together into a viable bill, if not for the current iteration of Congress, perhaps the next.

Time is of the essence, as recent scientific reports both from the US and internationally have made clear that the next 10-12 years are critical in keeping climate change impacts from becoming catastrophic. We know that we are already experiencing some disturbing impacts and that there is no currently known way to fully reverse those changes. We also know that the United States has had very high carbon emissions over the last century and a half and, therefore, carries a major obligation to cut emissions quickly and to make major contributions to help our country and the international community to adapt to climate change impacts. The Green New Deal looks to be a powerful aid to doing that.

Yesterday, I was part of a group visiting our local Congressional office to deliver petitions and discuss the Green New Deal. Our representative, Anthony Brindisi, just took office last month, so we wanted to let him know that climate change, good-paying and secure jobs, renewable energy, labor rights, regenerative agriculture, and environmental and economic justice are important to many of his constituents.

The staff member with whom we spoke was very attentive and let us gather and talk in the office. This was a stark contrast to our former representative who did not want us gathering even outside the building where the office is and called the police to remove us, which they didn’t do because we were on public property and not blocking passersby.

We are hopeful that this will be the first of several visits and meetings to engage with Rep. Brindisi and his staff. We think that the Green New Deal concepts will help the people of our district, as well as the rest of the country and the world.

Update:  You can read the Green New Deal Congressional resolution text here.

uneasy times

I thought that I had mentally prepared myself for DT’s presidency, thinking that Congress would step up and cooperate to create sound legislation to keep us on a reasonable track.

I was, of course, totally wrong.

As of today, the United States government is in partial shutdown for a record 27 days and counting. 800,000 federal workers are either furloughed or working without pay, including the Coast Guard, air traffic controllers, and food inspectors. There are also one million contractors who work at government facilities who are not working and who, unlike federal workers, will not get back pay when the shutdown ends. Besides the workers and their families, there are also other businesses that rely on government work/ers as their customers, and are experiencing big drops in revenue as a result of the shutdown.

One of the frustrating things is that this shutdown should not have happened in the first place. After a prior (brief) shutdown, the last Congress had agreed on spending levels for all departments for 2018-2019. Some of the appropriations bills were passed by both houses of Congress; these departments are not affected by the shutdown. The remaining bills followed the previously agreed upon funding levels, but were not voted on in time to go into effect before the shutdown began. Although the House in the new Congress has now passed the same appropriations bills that the Senate in the prior session had previously passed, Republican Majority Leader Senator Mitch McConnell will not hold new votes on these bills to re-open the government because the president doesn’t approve, citing lack of $5 billion for a wall on part of the southern border.

It is, however, Congress’s Constitutional duty to control government spending. Therefore, I think that the Senate should pass these bills so the government can re-open – and because it is their duty to fund the government. Then, the ball will be in DT’s court. He can sign the bills and everyone can get back to their jobs serving the public. He can veto the bills, which would return them to Congress for a vote to over-ride, which might be possible as the pressure builds on Republican members of Congress to restore government services. The third option is that the president refuses to sign the bills without vetoing them, which would mean that they take effect in ten days.

The government needs to be about its business of serving the people. The human toll is already mounting and will continue to mount if government is not fully open soon. Many current government workers may be forced to take other jobs to support themselves and their families, which would be crippling to the functions of the affected departments when they do re-open.

Of course, this is not happening in a vacuum. Over the past couple of weeks, in court filings, testimony, interviews, and investigative reporting, there have been ever more alarming stories about the administration’s relationship with Russia and with NATO and sad and disturbing stories from the Middle East. It seems that the White House is overwhelmed with its responsibilities and incapable of dealing effectively with either domestic or foreign affairs.

The United States government has weathered a lot of storms. I’m hoping and praying we come through this one, too.
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