Trump’s Belated Jones Act Waiver for PR Is A Sham, Here’s Why

Finally, after eight days of delay, and after Trump noting how powerful lobby groups were opposed, which he was clearly paying attention to, the Trump Administration this morning issued a Jones Act waiver.

But that waiver is a complete sham, and a stiff thumb in the eye of a crumbling and dying Puerto Rico. First, the official DHS announcement, then an explanation of the sham:

WASHINGTON – Early this morning, in recognition of the severe impacts on Puerto Rico from Hurricanes Irma and Maria, Department of Homeland Security Acting Secretary Elaine Duke approved a waiver of the federal Jones Act. The decision follows yesterday’s request from the governor of Puerto Rico and the Secretary of Defense’s determination that a waiver is in the interest of national defense. The waiver will be in effect for 10 days after signature and covers all products being shipped to Puerto Rico.

“This waiver will ensure that over the next ten days, all options are available to move and distribute goods to the people of Puerto Rico. It is intended to ensure we have enough fuel and commodities to support lifesaving efforts, respond to the storm, and restore critical services and critical infrastructure operations in the wake of these devastating storms,” said Acting Secretary Duke.

The Jones Act prohibits the transportation of cargo between points in the U.S., either directly or via a foreign port, or for any part of the transportation, in any vessel other than a vessel that has a coastwise endorsement (e.g. a vessel that is built in and owned by persons who are citizens of the United States). The last Jones Act waiver was issued earlier this month, for petroleum products to be delivered for relief assistance in anticipation of the effects of Hurricane Irma.

Now, as to the sham. The waiver is only for ten days, and that time starts immediately.

How long do you think it will take foreign ships to get loaded and travel to Puerto Rico from their point of origination? It will be days, if not weeks.

As a comparison, the US Navy ship USNS Comfort, leaving from Norfolk Virginia will take at least five, if not more, days to reach Puerto Rico. At a speed of 17 knots, the Comfort travels at about the speed of an average container or fuel ship.

Even if a foreign fuel or container ship was already loaded and ready to go this morning, it is clear that very few, if any, could arrive and unload in less that 5-7 days.

This means, at the very best, Trump’s “waiver” has maybe five days of use to Puerto Rico, an island of devastated American citizens that will be rebuilding and recovering for years.

Trump’s “waiver” is a public relations fueled sham.

Bmaz is a rather large saguaro cactus in the Southwestern Sonoran desert. A lover of the Constitution, law, family, sports, food and spirits. As you might imagine, a bit prickly occasionally. Bmaz has attended all three state universities in Arizona, with both undergraduate and graduate degrees from Arizona State University, and with significant post-graduate work (in physics and organic chemistry, go figure) at both the University of Colorado in Boulder and the University of Arizona. Married, with both a lovely child and a giant Sasquatch dog. Bmaz has been a participant on the internet since the early 2000’s, including active participation in the precursor to Emptywheel, The Next Hurrah. Formally joined the Emptywheel blog as an original contributing member at its founding in 2007. Bmaz grew up around politics, education, sports and, most significantly, cars; notably around Formula One racing and Concours de Elegance automobile restoration and showing. Currently lives in the Cactus Patch with his lovely wife and beast of a dog, and practices both criminal and civil trial law.

Did President Trump Violate Federal Law With His Alabama Rant?

I wrote yesterday about the racial, social and football implications of Trump’s rant in the history and home of George Wallace.

But a new, and by all appearances excellent, commenter on that post noted this:

“It occurs to me that his tweets are at least arguably in violation of 18 U.S. Code § 227. That section prohibits the POTUS (among others), from “attempting to influence or interfere” in a private company’s labor matter, to urge a “political” firing. This is especially true where the basis for the POTUS’s urging of the firing of such a private company employee (union covered, collective bargaining agreement governed) — is (as here) centered on protected political first amendment expression.”

So, is that right? Well, it is a LOT closer call than most would dismissively think. Let’s look at the language of the relevant statute, 18 USC §277:

18 U.S. Code § 227 – Wrongfully influencing a private entity’s employment decisions by a Member of Congress or an officer or employee of the legislative or executive branch:

(a) Whoever, being a covered government person, with the intent to influence, solely on the basis of partisan political affiliation, an employment decision or employment practice of any private entity—
(1) takes or withholds, or offers or threatens to take or withhold, an official act, or
(2) influences, or offers or threatens to influence, the official act of another,
shall be fined under this title or imprisoned for not more than 15 years, or both, and may be disqualified from holding any office of honor, trust, or profit under the United States.
(b) In this section, the term “covered government person” means—
(1) a Senator or Representative in, or a Delegate or Resident Commissioner to, the Congress;
(2) an employee of either House of Congress; or
(3) the President, Vice President, an employee of the United States Postal Service or the Postal Regulatory Commission, or any other executive branch employee (as such term is defined under section 2105 of title 5, United States Code).

Read the statute. It is a lot closer call than you think. Will Trump’s own Department of Justice pursue this? No, no chance, nor probably should it be. Is it a viable question, and one that ought be discussed in the public and media, yes, absolutely.

As sports law “experts” would say, let’s break it down. There are elements to a crime. Trump is unequivocally a “covered person” within the ambit of the statute. Also unequivocal is the fact that his words in Alabama were meant to influence “an employment decision or employment practice of any private entity”, in this case, the National Football League.

The problem lies in section (a)(1) of the relevant statute, which requires:

takes or withholds, or offers or threatens to take or withhold, an official act

It is easy to see and admit that Trump would do just that in a heartbeat. But Trump did not do that per se in his Alabama speech.

No. That element cannot be met by Donald J. Trump’s Alabama Song of hate. So, no, there is no exposure to 18 USC §227.

It is a great thought and question though.

And it is a perfect example of the precipice of racism, bigotry and ignorance on which the political discussion in the United States, and our Article II Executive Branch, courtesy of President Trump, nows perilously treads nearly every day.

The events and actions in and from the NFL today, tomorrow, and in the next few weeks pale in comparison. They are a symbol and a voice. But it is so much more and bigger than that.

Bmaz is a rather large saguaro cactus in the Southwestern Sonoran desert. A lover of the Constitution, law, family, sports, food and spirits. As you might imagine, a bit prickly occasionally. Bmaz has attended all three state universities in Arizona, with both undergraduate and graduate degrees from Arizona State University, and with significant post-graduate work (in physics and organic chemistry, go figure) at both the University of Colorado in Boulder and the University of Arizona. Married, with both a lovely child and a giant Sasquatch dog. Bmaz has been a participant on the internet since the early 2000’s, including active participation in the precursor to Emptywheel, The Next Hurrah. Formally joined the Emptywheel blog as an original contributing member at its founding in 2007. Bmaz grew up around politics, education, sports and, most significantly, cars; notably around Formula One racing and Concours de Elegance automobile restoration and showing. Currently lives in the Cactus Patch with his lovely wife and beast of a dog, and practices both criminal and civil trial law.

When The President Hates A Race And Talks Racist Trash

President Donald J. Trump is a racist bigot. Jemele Hill was right on that one, not that sane people had not already realized it long ago, and well before his election. Take his ignorant position on the Central Park Five case, just as a for instance. Then add on how he was sued decades ago for discriminating against blacks in housing. Throw in a thousand other tell tale points and you have a picture of a self entitled candy assed rich New York racist. That is just who he is. It has always been there for inquiring minds to see if they so desired.

Now the latest pure and unadulterated racism from the now President of the United States. Last night in Alabama, Trump let loose a rambling self centered screed of a speech that would make George Wallace cringe. Here is a sample:

“Wouldn’t you like to see one of these owners, when somebody disrespects our flag, to say, ‘Get that son of a bitch off the field right now, out, he’s fired. He’s fired!”

He then went on to state that any player so exercising free speech should be “fired” and unemployable at their career job. From Michael David Smith at PFT:

Trump said an NFL owner who releases a player would instantly gain broad support across America.

“Some owner’s gonna do that. He’s gonna say, ‘That guy that disrespects our flag? He’s fired. And that owner . . . they’ll be the most popular person in this country. Because that’s total disrespect of our heritage. That’s total disrespect of everything we stand for,” Trump said.

Trump added that he believes fans should walk out if players don’t stand for the anthem. “If you see it, even if it’s one player,” Trump said, “Leave the stadium.”

Trump also argued that if they do this to boycott the NFL and personal free speech, they would be supporting him and his position.

Clearly aiming at Colin Kaepernick, Michael Bennett and Malcolm Jenkins, prominent NFL players who have had the audacity to be free thinking humans and exercise the protected free speech our Bill of Rights is led by and that generations of American patriots fought and died to preserve. Donald Trump shits on every ounce of that every time he goes on one of his little pointed and racist rants. And boy did he shit on it last night in Alabama. You’d almost think Trump is aligned with the neo-Nazi white supremacists with torches in Charlottesville that he praised as “fine people” instead of the full diversity of American citizens. Including, you know, black people.

Was Trump done? Of course not. He then cravenly went on to scold the NFL for being soft because of their (still lame and ineffective) concern about CTE degenerative brain disease:

“When the ratings are down massively, massively. The NFL ratings are down massively. Now the number one reason happens to be that they like watching what’s happening….with yours truly. They like what’s happening.

Because you know if they hit too hard…Fifteen yards! Throw him out of the game! they hd that last week. I watched for a couple of minutes. Two guys, just really, beautiful tackle. Boom, fifteen yards!

The referee gets on television, his wife is sitting at home, she’s so proud of him. They’re ruining the game! That’s what they want to do. They want to hit. They want to hit! It is hurting the game!”

An outrageous thing to say about, again, American citizens and their workplace safety issues. Especially when the most recent studies found CTE degeneration in 99% of the brains from NFL players they have examined. And when the NFL was just slapped with a complaint on Aaron Hernandez that exhibited that even a relative young player displayed “a raisin-like brain of a 70-year-old even though he was 27″. Simply craven, bigoted and outrageous.

It is the the stuff of a narcissistic self entitled bigot plantation slave owner. Trump literally thinks he is not only the the better, but genetically superior to other humans, including the constituents he works for. Including people he thinks are owned as slaves by the NFL and other terrorized employees.

When Trump instructs NFL owners to fire people that disagree with his own petty world view, he thinks they are plantation owners such as he sees himself with the rest of humanity. Trump makes “the best deals” but cannot see, nor appreciate, the NFL collective bargaining agreement (CBA), nor does he respect that deal for squat if employees thereunder happen to annoy the fat ass boy king and god.

Apparently Trump thinks the illustrious group of NFL owner oligarchs are his bitches too. As Don Van Natta noted, “Bob Kraft, Jerry Jones, Stan Kroenke, Daniel Snyder, Shahid Khan, Woody Johnson & Bob McNair each gave $1M to Trump”. That is nearly one quarter of the NFL owners. What are they rewarded with by their benefactor Trump? A call for boycott of their business interests unless they enforce an unconscionable suppression of political free speech he disagrees with.

This may “only be sports”, but this is one of the more stunningly outrageous and un-American symbols of the cancer the Trump Presidency really is. And what a demented, sick and small man Trump really is.

Did Trump stop with that stunning pettiness and bigotry? No, of course not. He woke up and decided to be the charlatan of humanity he really is, and decided to lash out at another icon of sports. Steph Curry. And more:

Well that is brilliant Art of the Squeal Like a Pig Don.

So, lets see, who has Donald Trump lashed out at exclusively in the last 24 hours? Ryan Lizza hit it on the head:

Trump has now attacked Jemele Hill, Colin Kaepernick, & Stephen Curry. All have something in common but I can’t quite put my finger on it.

Ryan was being sarcastic about the putting a finger on it. And, again, he was completely correct in his observation. I wonder what Trump would say about a golden white boy who turned down a White House invitation”? Oh, wait….

The face of the New England Patriots, Tom Brady, did not attend Wednesday’s White House ceremony with his teammates due to “personal family matters” — but the show went on without the star quarterback.

Brady’s decision not to visit the White House comes on the same day former teammate and convicted murderer Aaron Hernandez was found dead after an apparent suicide in his prison cell.

Yes, a pure as white can be Tom Brady gets no bad mouth at all from our racist bigot President, but be a black person in sports, whether athletes like Colin Kaepernick and Michael Bennett, or sports journalist like Jemele Hill, and he will try to deprive you and your family of the essential income your professional career provides.

This is where we are in America in the Age of Trumpism. If you are a white nationalist fat ass racist bigot, your President thinks you are “fine folk”. If you are an intelligent black, brown, gay or other, even trying to serve your country’s military, your President, Trump The Genetically Magnificent, will attack you and your family’s very source of income, and well being, mercilessly.

It is the shame of modern America.

I’m sorry, I’ve no stomach for the actual games this weekend at this point. We can all discuss that in comments, but not here. Not now. Not after this.

Bmaz is a rather large saguaro cactus in the Southwestern Sonoran desert. A lover of the Constitution, law, family, sports, food and spirits. As you might imagine, a bit prickly occasionally. Bmaz has attended all three state universities in Arizona, with both undergraduate and graduate degrees from Arizona State University, and with significant post-graduate work (in physics and organic chemistry, go figure) at both the University of Colorado in Boulder and the University of Arizona. Married, with both a lovely child and a giant Sasquatch dog. Bmaz has been a participant on the internet since the early 2000’s, including active participation in the precursor to Emptywheel, The Next Hurrah. Formally joined the Emptywheel blog as an original contributing member at its founding in 2007. Bmaz grew up around politics, education, sports and, most significantly, cars; notably around Formula One racing and Concours de Elegance automobile restoration and showing. Currently lives in the Cactus Patch with his lovely wife and beast of a dog, and practices both criminal and civil trial law.

Some Thoughts On The Arpaio Pardon

As you probably already know, Trump has pardoned Joe Arpaio. It is an abominable act by a lawless jackass. One lawless jackass pardoning another lawless jackass. Trump and Arpaio are really two peas in the same racist bigot pod; both supreme narcissists, ignorant and contemptuous of the rule of law down to their deepest bone.

And Marcy Wheeler is right that the nation as a whole is not the audience Trump is signaling, and while “Trump’s base” may be part of his audience in making this pardon move, it is likely even more intended for law enforcement. Police unions were almost across the board for Trump, and they do speak for their rank and file. Not to mention that all cops are fine with a pro law enforcement approach of Trump and his DOJ, not just the racist bigot ones.

The ACLU statement on the pardon is good:

For more from the ACLU, see the Twitter feed of Cecilia Wang, the litigation lead for ACLU on the Melendres and Arpaio litigation (she is seriously great).

But the ACLU doesn’t really go far enough. A couple of weeks ago I tweeted:

Because there is no point to which @realDonaldTrump will not shit on the rule of law and sanctity of federal courts. What a piece of shit.

That was a little flippant, but there is simply no question but that the pardon of Joe Arpaio is Donald Trump is degrading the Constitution and undermining the very fabric of the sanctity of courts and Rule of Law itself. If the Presidential pardon was not so unbound, this pardon would not stand up. It violates every iota of the American rule of law. It also is heinously invasive to the separation of powers in that it infringes on the power of the federal courts. But, again, don’t buy any nut telling you this pardon is unconstitutional or won’t stand up. That is silly, it is Constitutional, and it will stand up.

That said, Noah Feldman did a good piece explaining just what a Constitutional affront this act is, and should be considered:

To see why pardoning Arpaio would be so exceptional — and so bad — you have to start with the sheriff’s crime. Arpaio wasn’t convicted by a jury after a trial for violating some specific federal statute. Rather, he was convicted by a federal judge on the rather unusual charge of criminal contempt of court.

Specifically, Arpaio was convicted this July by Judge Susan Bolton of willfully and intentionally violating an order issued to him in 2011 by a different federal judge, G. Murray Snow.

Judge Bolton convicted Arpaio of criminal contempt. She found he had “willfully violated” the federal court’s order “by failing to do anything to ensure his subordinates’ compliance and by directing them to continue to detain persons for whom no criminal charges could be filed.” And she held that Arpaio had “announced to the world and to his subordinates that he was going to continue business as usual no matter who said otherwise.”

This is the crime that Trump is suggesting he might pardon: willful defiance of a federal judge’s lawful order to enforce the Constitution.

It’s one thing to pardon a criminal out of a sense of mercy or on the belief that he has paid his debt to society.

It’s trickier when the president pardons someone who violated the law in pursuit of governmental policy, the way George H.W. Bush pardoned the Iran-Contra participants, including Oliver North.

But it would be an altogether different matter if Trump pardoned Arpaio for willfully refusing to follow the Constitution and violating the rights of people inside the U.S.

Such a pardon would reflect outright contempt for the judiciary, which convicted Arpaio for his resistance to its authority. Trump has questioned judges’ motives and decisions, but this would be a further, more radical step in his attack on the independent constitutional authority of Article III judges.

An Arpaio pardon would express presidential contempt for the Constitution. Arpaio didn’t just violate a law passed by Congress. His actions defied the Constitution itself, the bedrock of the entire system of government. For Trump to say that this violation is excusable would threaten the very structure on which is right to pardon is based.

Go read Noah’s entire piece at Bloomberg, you should. It perfectly captures everything I have thought ever since Arpaio was convicted by Judge Susan Bolton in July, and pardon talk started up. And, make no mistake, Arpaio started carping about getting a Trump pardon almost immediately, even if behind the scenes. It started long before the last 10 days.

To add insult to injury, Trump had the gall to issue this announcement after glibly leaving for the personal golf driving range at Camp David with a message to the victims in Texas and the Gulf Coast, who are currently being hammered by a Category Four hurricane and face imminent disaster. Trump’s message was “good luck”. What a complete cad.

And after callously signing his order implementing his patently discriminatory transgender ban for the military. Chris Geidner has a good report on that.

Just for the record, this is Trump’s first pardon issued, and for that he chose the most craven one imaginable. For comparison, both Obama and Bush waited nearly two years, and applied the power only to subjects properly vetted by the DOJ traditional pardon process, a copy of which is here for reference. Arpaio was not even eligible for consideration at this point, much less deserving under the guidelines. Those guidelines can be found here, pay particular attention to §1-2.112. To be clear, Arpaio had not even been sentenced yet, and was almost certainly not going to be sentenced to incarceration by Sue Bolton. I have known Judge Bolton for nearly 30 years, and I just cannot fathom that she was going to do more than give a nominal fine to Arpaio.

Craven jackass Arapio has already started crowing about his ill begotten good fortune through, what else, Twitter:

Thank you @realdonaldtrump for seeing my conviction for what it is: a political witch hunt by holdovers in the Obama justice department!

What a racist bigot ass. Joe Arapio came into office on the wings of lies he told his initial backers. Before we close, a little story I wrote here a few years ago:

Joe Arpaio did not magically come to be Sheriff of Maricopa County. It happened because the two previous occupants of the Sheriff’s Office were, shall we say, problematic on their own. There was Dick Godbehere, who was, prior to being Sheriff of the fourth largest county in the United States, literally a lawn mower repairman. No, I kid you not. And he served with the same level of sophistication you would expect of a lawn mower repairman.

Then came Tom Agnos, who was supposed to return “professionalism” to the Maricopa County Sheriff’s Office (MCSO). But Agnos was a subservient Sun City resident who led the MCSO into not just the biggest cock-up in Maricopa county law enforcement history, but one of national and international proportion. The Buddhist Temple Murder Case where nine buddhist monks and acolytes were lined up and shot in the back of the head, execution style, at the Wat Promkunaram Buddhist Temple on the west side of Phoenix.

It was out of the Buddhist Temple Murders Joe Arpaio came to be. A group of prominent Phoenix trial attorneys, both criminal and civil, wanted an alternative to Tom Agnos and the whitewashing coverup he was conducting on one of the greatest coerced false confession cases in world history. The group of trial lawyers coalesced around the upstart primary candidacy of a local travel agent with a colorful background. Yep, one Joseph Arpaio.

Joseph Arpaio promised that initial group of trial lawyers he would clean up the MCSO, release the damning internal report of the gross misconduct that had occurred in the Temple Murder Case under Tom Agnos, which lead to at least four false and heinously coerced confessions, and that he would refuse, under all circumstances, to serve more than one term in office. It was a promise made and, obviously, a promise long ago broken.

To be fair, Arpaio did release the internal report on the Temple Murder Case, which led to five plus million dollar settlement for some of the most wrongfully arrested souls in American history. But with that promise kept within a short time of taking office, Joe Arpaio breached the solid promise he made to the people who gave him the seed funding carrying him into office. And Arpaio has made a mockery of his word, as a man, ever since by repeatedly running for office and sinking Maricopa County into depths of depravity and fiscal distress beyond comprehension, from the vantage of the MCSO.

So, now you know just exactly how Joe Arpaio came into office on the wings of lies. He leaves today on the wings of a Constitutional fraud and spittle in the face of the Rule of Law.

As a parting shot, the picture at the head of this article is of Arpaio at a cocktail party getting a surprise visit from Michael Manning, the local civil rights attorney who has fleeced Maricopa County for over $50 million because of Joe Arpaio’s craven and illegal actions. Arpaio was not thrilled to get his photo taken.

Bmaz is a rather large saguaro cactus in the Southwestern Sonoran desert. A lover of the Constitution, law, family, sports, food and spirits. As you might imagine, a bit prickly occasionally. Bmaz has attended all three state universities in Arizona, with both undergraduate and graduate degrees from Arizona State University, and with significant post-graduate work (in physics and organic chemistry, go figure) at both the University of Colorado in Boulder and the University of Arizona. Married, with both a lovely child and a giant Sasquatch dog. Bmaz has been a participant on the internet since the early 2000’s, including active participation in the precursor to Emptywheel, The Next Hurrah. Formally joined the Emptywheel blog as an original contributing member at its founding in 2007. Bmaz grew up around politics, education, sports and, most significantly, cars; notably around Formula One racing and Concours de Elegance automobile restoration and showing. Currently lives in the Cactus Patch with his lovely wife and beast of a dog, and practices both criminal and civil trial law.

Yah, These ARE The Droids We Have Been Looking For And Fearing

I did not always write about it so much here, but I got fairly deep into “Deflategate” analysis and law when it was going on. Because it was fascinating. I met so many lawyers, professors and others, it was bonkers. Have remained friends with many, if not most, of all of them. One is Alexandra J. Roberts, which is kind of funny because she was not necessarily one of the major players. Yet, she is one of the enduring benefits I have come to love from the bigger picture.

Today, Ms Roberts advises of some R2D2 like cop robots. I “might” have engaged in some frivolity in response. But, really, it is a pretty notable moment.

Police droids on the ground? Police drones in the air? You think Kyllo will protect you from a Supreme Court with Neil Gorsuch on it? Hell, you think Merrick Garland would not have done what he has done all of his life and sign off on ever greater law enforcement collection and oppression? Not a chance in hell. Neither Gorsuch, nor Garland, would ever have penned what Scalia did in Kyllo:

It would be foolish to contend that the degree of privacy secured to citizens by the Fourth Amendment has been entirely unaffected by the advance of technology. For example, as the cases discussed above make clear, the technology enabling human flight has exposed to public view (and hence, we have said, to official observation) uncovered portions of the house and its curtilage that once were private. See Ciraolo, supra, at 215. The question we confront today is what limits there are upon this power of technology to shrink the realm of guaranteed privacy.

So, with no further adieu, here, via the Bo Globe, is the deal:

There’s a new security officer in town. But this one runs on batteries, not Dunkin’ Donuts.

Next time you’re visiting the Prudential Center, don’t be alarmed if you bump into a large, rolling robot as it travels the corridors where shoppers pop in and out of stores.

No, it’s not an oversized Roomba on the loose. It’s the “Knightscope K5,” an egg-shaped autonomous machine equipped with real-time monitoring and detection technology that allows it to keep tabs on what’s happening nearby.

Marvelous! R2D2 is making us all safer!

Nope. Sorry. Safe streets, broken windows, and “cop on the beat” policing cannot be accomplished by a tin can.

Just Say No to this idiotic and lazy policing bullshit. The next thing you know, the tin can will be probable cause. And Neil Gorsuch will help further that craven “good faith” reliance opinion in a heartbeat.

Parting Shot: Holy hell, we have our first reference to hate crimes for anti-cop robot violence! See here.

Frankly, having been in the field for three decades, I think the thought that cops are proper “hate crime” victims is absurd. Honestly, all “hate crimes” laws are completely absurd as they create different and more, and less, valuable classes of human crime victims. This may sound lovely to you in the safety of your perch, where you want to lash out at the evil others.

But if the “all men are created equal” language in the Declaration of Independence is to be given the meaning that so many demagogues over American history assign to it, then the “hate crimes” segregation and preference of one set of human victims over others, is total unfathomable bullshit.

That is just as to humans. Let’s not even go to the “victim’s rights” of squeaky ass little R2D2 tin cans.

Bmaz is a rather large saguaro cactus in the Southwestern Sonoran desert. A lover of the Constitution, law, family, sports, food and spirits. As you might imagine, a bit prickly occasionally. Bmaz has attended all three state universities in Arizona, with both undergraduate and graduate degrees from Arizona State University, and with significant post-graduate work (in physics and organic chemistry, go figure) at both the University of Colorado in Boulder and the University of Arizona. Married, with both a lovely child and a giant Sasquatch dog. Bmaz has been a participant on the internet since the early 2000’s, including active participation in the precursor to Emptywheel, The Next Hurrah. Formally joined the Emptywheel blog as an original contributing member at its founding in 2007. Bmaz grew up around politics, education, sports and, most significantly, cars; notably around Formula One racing and Concours de Elegance automobile restoration and showing. Currently lives in the Cactus Patch with his lovely wife and beast of a dog, and practices both criminal and civil trial law.

Tell The Truth: Who’s Been Bullying Who

The internet is a strange, yet consummately wonderful place. It allows for a feed from thought leaders and journalists, and with a new age real time speed emphasis, with the ability of other, and different on a granular level, voices to respond. It is a wonderful, even if still difficult, medium of interaction. Twitter is the epitome of it all.

Some will say Facebook, but I think Twitter is a far better avatar, especially for those that really think about hard news, current events and some sort of equilibrium of differing political discourse. Is it a little rough, unfiltered and harsh because of the proverbial 140 character limit? Sure. Absolutely. You hope that the friends you make are equal to the knowledge you take, whether you agree or disagree at any given point in time.

And then comes a day where a small fish gets accused of “bullying” by far bigger fishes. As if simple political and moral distinctions and views are “bullying” or otherwise unconscionable among people that have been agreeing and disagreeing/parrying with and against one another for give or take a decade.

Instead, I was always taught to go into a forum, argue like hell for what you think you must and/or right, and then go have a cocktail with your adversary, or at least shake hands and walk off with the understanding there are two sides to any legitimate argument. And, I will be honest, the “fight like hell” part is always job one. Indeed, criminal defense attorneys are schooled to zealously do just that.

So, recently, I was accused of “bullying”. By a friend with a perch several exponents above mine. I tried to explain. I apologized. And I got nothing in response but for the initial intellectual scorn and accusation that I was “bullying” the big fish.

But for the sadness, both on a personal and interpersonal plane, and greater intellectual one, I might laugh instead of cry. But I cannot. I will not.

The times are severe. The moment is critical. Let us all rise above this type of impertinent interaction. You can still respect and admire people you occasionally have real and very hard differences with. And you can talk to them. Both sides will be all the better for that discourse.

Trying times, civil rights, equality of justice, and the American experiment itself, depend on all of us.

[If you didn’t know, that was not just Slow Clapton in the video but also the one and only Yvonne Elliman too. She is, and always has been, special.]

Bmaz is a rather large saguaro cactus in the Southwestern Sonoran desert. A lover of the Constitution, law, family, sports, food and spirits. As you might imagine, a bit prickly occasionally. Bmaz has attended all three state universities in Arizona, with both undergraduate and graduate degrees from Arizona State University, and with significant post-graduate work (in physics and organic chemistry, go figure) at both the University of Colorado in Boulder and the University of Arizona. Married, with both a lovely child and a giant Sasquatch dog. Bmaz has been a participant on the internet since the early 2000’s, including active participation in the precursor to Emptywheel, The Next Hurrah. Formally joined the Emptywheel blog as an original contributing member at its founding in 2007. Bmaz grew up around politics, education, sports and, most significantly, cars; notably around Formula One racing and Concours de Elegance automobile restoration and showing. Currently lives in the Cactus Patch with his lovely wife and beast of a dog, and practices both criminal and civil trial law.

The Tuesday Night Massacre

As you may have heard, President Trump has just fired FBI Director James Comey.

This is truly Nixonian Saturday Night Massacre level action.

Trump previously ran on, indeed got elected on, and likely only on, the scurrilous rogue comments of Jim Comey starting with the rogue July 5, 2016 press conference where Comey went off all rails on DOJ and PIN protocols. Here is the New York Times original report:

Mr. Comey’s dismissal was a stunning development for a president that benefited from the F.B.I. investigation of the Democratic nominee during the 2016 campaign. Separately, the F.B.I. also is investigating whether members of the Trump campaign colluded with Russia to influence the election.

The abrupt firing raised questions over whether Mr. Trump was trying to influence the Russia investigation. But he said he was following recommendations from the Justice Department, which criticized how Mr. Comey concluded the investigation into Mrs. Clinton.

Trump actually saluted Comey for this at one point. What a micro-moment self serving, not to mention narcissistic jerk.

If anybody in the world thought that that Trump is not as craven and against the Constitutional form of government we all were born and raised on, let that no longer be a question.

And if the media cannot get their heads out of their asses and realize the danger is NOT just to their First Amendment rights, but to the core of our republic and democracy, then they too should go the way of the dodo bird.

The foundations of this cowardly play were always there if you followed the ever changing voice and words of Donald Trump regarding the Clinton email issue and how the Department of Justice handled it.

If you thought this point, and/or Comey was the one only voice that could not be fired or silenced, you are sadly mistaken.

This blog has never, and I am being kind across my writings, Marcy’s and those of our departed friend Mary, been a friend of Jim Comey. He has long, and more presently, been an uneven and self serving voice mostly interested in preservation and enhancement of his own voice and position. Comey has been preternaturally successful at this.

That said, tonight I will be in Comey’s camp. I await what my friends at Lawfare and some others may have to say regarding the Tuesday Night Massacre.

Because this is a day that should live bright for a very long time.

People glibly talk about the “Resistance”. How naive. The battle is now, and has been joined in full by a cabal that makes Nixon look like a piker. The place is here. The time is now.

The temporal fact that it is Comey that tipped a scale of justice is immaterial. It has happened.

Bmaz is a rather large saguaro cactus in the Southwestern Sonoran desert. A lover of the Constitution, law, family, sports, food and spirits. As you might imagine, a bit prickly occasionally. Bmaz has attended all three state universities in Arizona, with both undergraduate and graduate degrees from Arizona State University, and with significant post-graduate work (in physics and organic chemistry, go figure) at both the University of Colorado in Boulder and the University of Arizona. Married, with both a lovely child and a giant Sasquatch dog. Bmaz has been a participant on the internet since the early 2000’s, including active participation in the precursor to Emptywheel, The Next Hurrah. Formally joined the Emptywheel blog as an original contributing member at its founding in 2007. Bmaz grew up around politics, education, sports and, most significantly, cars; notably around Formula One racing and Concours de Elegance automobile restoration and showing. Currently lives in the Cactus Patch with his lovely wife and beast of a dog, and practices both criminal and civil trial law.

Stephen Miller’s and Trump’s Gross Re-Politicization of DOJ

There was some legitimate concern about inappropriate machination of the Department of Justice when Trump named and confirmed Jeff Sessions as his Attorney General. Typical discussion followed this by Isaac Arnsdorf at Politico:

Donald Trump suggested on the campaign trail that he could use the Justice Department to fulfill his political agenda, taunting Hillary Clinton by threatening to throw her in jail over her email scandal.

Now, Sen. Jeff Sessions, Trump’s pick for attorney general, will have to decide whether to follow his predecessors by vowing to not let politics drive the DOJ’s decision-making.

That was one, and a serious, level of concern. Today we find said concern not close to being deep enough as to how the Trump White House would try to run Justice as merely a lever of their extreme politics.

But, via the New York Daily News, comes a little noticed, and truly frightening report of just how renegade and ridiculous the “fine tuned machine” the Trump White House is determined to be in politicizing the DOJ. In an article captioned “Stephen Miller called Brooklyn U.S. Attorney at home and told him how to defend travel ban in court”, comes the stunning news that:

In the chaotic hours after President Trump signed on a Friday afternoon the sloppily written executive order meant to fulfill his Muslim ban campaign promise, Stephen Miller called the home of Robert Capers to dictate to the U.S. Attorney for the Eastern District how he should defend that order at a Saturday emergency federal court hearing.

That’s according to a federal law enforcement official with knowledge of the call, which happened as Department of Justice attorneys cancelled plans, found babysitters and rushed back to their Brooklyn office to try and find out what exactly it was they were defending and who was being affected by it — how many people were already being held in America, how many were being barred from arriving here and the exact status of each person.

The full article at the NYDN is mandatory reading, but let that sink in for a second. 31 year old Stephen Miller, a wet behind the ears extreme right wing ideologue with white nationalist leanings and NO, repeat NO legal training, much less law degree, called up a United States Attorney – at home! – to “dictate” how the DOJ would operate in an emergency litigation situation in an United States District Court.

Stunning is too weak of a response. Shocking is insufficient. It is actually hard to know what the proper words for this are.

I asked Matthew A. Miller, former OPA head under the Obama DOJ for a thought on the implications of Stephen Miller’s hubris in this instance. His reply was:

The last time a White House started dictating demands to U.S. attorneys, the sitting Attorney General had to resign in disgrace. This raises yet another in a series of questions about whether the Sessions Justice Department will be independent from the Trump White House.

Exactly. I would have said “unprecedented” above along with “stunning” and “shocking”, but for what occurred during a period of the Bush/Cheney regime when the interaction and control of the DOJ from the White House was extreme. And, ultimately, blown up as beyond unacceptable and appropriate by more reasoned minds and authorities. And, I might add, substantially due to the Fourth Estate of the press, that Trump blithely and ignorantly describes as “enemies of the American people”.

Yes, it is really that important of a moment now with Stephen Miller (note: NO relation to Matthew A. Miller) and the extreme hubris and lack of institutional awareness, competence or control, and obvious disdain for any, by the Trump Administration.

Back in 2007 Senator Sheldon Whitehouse created, and displayed at a Senate hearing, a stunning graphic displaying the shocking difference between communication between the Clinton White House and DOJ, and the ridiculous political input that the Bush Cheney White House had to DOJ.

With the grossly inappropriate statements of President Donald Trump as to how “he” will direct prosecutions of political enemies and other criminal and military defendants, leakers and others, to the literally insane conduct of Stephen Miller here, it is time to remember Senator Whitehouse’s chart.

It is also time to wonder if Sheldon Whitehouse and other members of the Senate Judiciary Committee have the cojones to take the fight for the Constitution and integrity of the justice system once again to a renegade White House. And the Trump White House has quickly made the Bush/Cheney White house look better in the rear view mirror, as truly craven as they were.

And, yes, the situation is exactly that dire if you recall the same Stephen Miller, being sent out and directed to all the Sunday political shows to declare and mandate that:

“…our opponents, the media and the whole world will soon see as we begin to take further actions, that the powers of the president to protect our country are very substantial and will not be questioned.”

This is straight up an Article II Branch declaration of pure tyranny by Stephen Miller and Trump. This is a serious problem, and this is an Administration making good on its promise and determination in that regard.

Bmaz is a rather large saguaro cactus in the Southwestern Sonoran desert. A lover of the Constitution, law, family, sports, food and spirits. As you might imagine, a bit prickly occasionally. Bmaz has attended all three state universities in Arizona, with both undergraduate and graduate degrees from Arizona State University, and with significant post-graduate work (in physics and organic chemistry, go figure) at both the University of Colorado in Boulder and the University of Arizona. Married, with both a lovely child and a giant Sasquatch dog. Bmaz has been a participant on the internet since the early 2000’s, including active participation in the precursor to Emptywheel, The Next Hurrah. Formally joined the Emptywheel blog as an original contributing member at its founding in 2007. Bmaz grew up around politics, education, sports and, most significantly, cars; notably around Formula One racing and Concours de Elegance automobile restoration and showing. Currently lives in the Cactus Patch with his lovely wife and beast of a dog, and practices both criminal and civil trial law.

The Stein Recount Needle and the Damage Done

vote-recountI stated earlier my issues with the Jill Stein fueled “recount” effort. Since that time, there seems to be a hue and cry to the effect of “irrespective of Stein, these will be helpful and are especially needed after Trump’s lie!”.

There are many instances of that thought, but this from Will Bunch at the Philadelphia Inquirer/Daily News, a friend whom I admire and like greatly, is indicative:

The stakes are too high to calculate. But there is one other thing about Trump’s big lie about the 2016 election. Ironically, before today, the case for a recount in the three states was a tad shaky. While the threat of Russian (or other) hacking has been a valid concern, little in the way of actual evidence of a stolen election has emerged since November 8. But now that Trump has alleged massive fraud, the integrity of the American system demands that the result be audited and properly certified. So let the re-counting begin.

I disagree rather strongly.

As said, I already stated my objection to Stein’s effort, as initially targeted to Wisconsin. Let’s take a look at the situation in Pennsylvania, where Stein has putatively filed today, the last possible day legally. A quote from Pennsylvania election lawyer Gregory Harvey in local Pennsylvania press is instructive:

The biggest obstacle to this getting anywhere may be deadlines. The recount petitions come on the very last day, and if they’re designed to generate enough evidence to contest the election, that’s going to be a stretch.

Harvey, the election lawyer says the deadline for an election contest, which must spell out the specific conduct that merits overturning the result, is also Monday, Nov. 28. With a compelling case you can always ask the court to make an exception, but they tend to be pretty strict about election law — that thing about not changing the rules after the game is played.

Harvey said Steins’ prospects for success are so remote that “raising money to do something in Pennsylvania must be intended only to publicize the Green Party.”

Again, remember, there is a difference between rote “recounts” and comprehensive “audits”. This is especially germane to WI as noted previously, but also to Pennsylvania, and Michigan, should it come too. Even if the recount found something, and there is no basis to believe it will, the legal timeframe is blown. And, no, courts are not likely to remedy such laches. (So, where has Stein been for weeks since the election and before she so conveniently glommed on to, and misrepresented, Halderman et al’s report?) Ah, late breaking, indeed Wisconsin has already denied the last second recount by hand from Stein and Stein is now suing to try to overcome the administrative ruling:

Unless Stein wins her lawsuit in Dane County Circuit Court, officials in each of Wisconsin’s 72 counties would decide on their own whether to do their recounts by hand. That could mean some counties perform recounts by machine and some by hand.

Yes, shocking! And good luck with that. Again, as I have relentlessly stated, once you approach administrative boards and, even more so, courts, you need actual demonstrable bases for your argument of fraud, mistake etc. Which is something Jill Stein and her effort simply have never had. That does not cut it. Ooops!

Stein has until Wednesday to file in Michigan, but there is no reason to think the effort will be any more focused, intelligently drafted, nor timely, than has been displayed to date in Wisconsin and Pennsylvania.

But there are bigger issues here than Jill Stein’s folly, right? Right! Indeed there are, and Stein’s cynical effort only hurts those larger picture items. But, irrespective of all of the above, it is a wonderful thing that the votes are being recounted, right? Maybe, and quite arguably, maybe not.

If this effort involved intelligent and targeted meaningful “audits” of voting in Wisconsin, Pennsylvania and Michigan, that would truly yield the data we need to answer a variety of questions, I would agree wholeheartedly. But that is not what is afoot here via Stein. These are rote last second “recounts”, likely through the same tabulation mechanisms originally used, and are almost guaranteed to produce the same results, give or take minuscule deviation.

In fact, as close as I can discern from reportage, even in Stein’s first state, Wisconsin, to perform a truly different full hand count analysis requires leave of a court. And it is hard to see leave of court being given without a substantive evidentiary basis being proffered, of which there is, of course, none to date. In Pennslyvania, the outlook is no better, and arguably even more lame and adverse. That is before we ever get to Michigan, which the last second for Stein is Wednesday.

There are a lot of truly intelligent and proper purposes for all Americans, and currently Democrats, to want to test and audit the vote in this country. It is that important, and that germane to our democracy.

By the same token, it is also too important to be driven by a crass vanity project at the last second by a bit player glomming on for self promotion. This is the lifeblood of American plebiscite and democracy, and we deserve better.

But the current action is not just a curiosity that “can’t hurt” or that is suddenly necessary to react to some idiotic tweet by Trump. The stakes are higher than that. Stein’s effort is ill advised, ill counseled legally, ill targeted, ill executed and ill timed by every metric I can see.

And, yes, there can be real harm therefrom. An effort like this that does nothing but confirm the general overall propriety of the 2016 vote does nothing but confirm Trump’s election. But, more importantly, it lends a larger argument that our voting system is fair and accurate, and thus not in need of further reform and updating.

Sure, it may, for the next few weeks, counter the blindered fascination of many as to rebutting Trump’s idiotic tweet on “millions of illegal voters”, but that is transient and short sighted. In the long run, it will just feed the larger GOP effort, and they now hold both houses of Congress and the Presidency, to not reform and improve American voting mechanisms, but indeed to accept that it is all fine technologically and then go about further voter suppression and restriction measures generally.

Greg Sargent discussed this at the Washington Post Plumline this morning:

Trump has now made national news with this tweet, a response to reports that Hillary Clinton’s campaign will join a recount effort in Wisconsin and possibly Michigan and Pennsylvania as well
….
As Glenn Kessler explains, there is zero evidence that this happened. Trump will continue to reach deep into the fever swamps to shape reality for himself and his supporters — only now he’ll do so in the position as most powerful person in the world. Trump also tweeted that there was “serious voter fraud” in three states that the media refuses to report upon.

But all this may also telegraph something concrete that we might see under a Trump presidency: A far more ambitious effort to restrict access to voting than we might have expected.

“My concern is that this might be a signal that we will see an assault on voting rights,” Wendy Weiser, the director of the Democracy Program at the Brennan Center for Justice, told me today. “Claims of nonexistent voter fraud and noncitizen voting are precisely the kinds of baseless justifications that we’ve seen for the wave of laws in the past couple of years restricting voting access.”

Yes, indeed. I think this is exactly what I am, and have been, saying. Well put by Sargent.

Democrats, and yes Greens to the extent they really care, should stop playing the game that is already lost, and 2016 is already lost, and start playing smartly as to the future. You want comprehensive and meaningful actual voting audits, as opposed to rote recounts, of the vote? Excellent! Let’s work on that for the future. Let’s do that for all states, and not just the three that Jill Stein glommed onto to self promote.

There is a fight out there to be won, but the instant “recount” effort is ill advised and not going to do squat to win it.

Bmaz is a rather large saguaro cactus in the Southwestern Sonoran desert. A lover of the Constitution, law, family, sports, food and spirits. As you might imagine, a bit prickly occasionally. Bmaz has attended all three state universities in Arizona, with both undergraduate and graduate degrees from Arizona State University, and with significant post-graduate work (in physics and organic chemistry, go figure) at both the University of Colorado in Boulder and the University of Arizona. Married, with both a lovely child and a giant Sasquatch dog. Bmaz has been a participant on the internet since the early 2000’s, including active participation in the precursor to Emptywheel, The Next Hurrah. Formally joined the Emptywheel blog as an original contributing member at its founding in 2007. Bmaz grew up around politics, education, sports and, most significantly, cars; notably around Formula One racing and Concours de Elegance automobile restoration and showing. Currently lives in the Cactus Patch with his lovely wife and beast of a dog, and practices both criminal and civil trial law.

The Self Serving Jill Stein Recount Scam

ap_514085205775-021470928390Jill Stein, admittedly, always struck me as a bit of a naive and somewhat unhinged candidate. But, Stein was the “Green Party” candidate and, once Bernie Sanders lost, became the go to darling for ill advised voters and activists that were far too willing to wreck the world with Donald Trump than consider the circumstances and vote for an eminently qualified, albeit terribly flawed, candidate in the form of Hillary Clinton. It is hard to argue with anarchist, blow it all up, demagogues when trying to protect a lame, and status quo, candidate. Even when the ultimate opponent is a raging racist, bigoted, misogynistic, female choice hating and torture loving shill like Donald Trump.

So many otherwise Democratic voters went off and voted for Stein and/or Gary Johnson. Did it make the “final difference”? I have no idea, but there is certainly an argument that could be made.

Was it the Jim Comey FBI factor from the stunningly inappropriate rogue actions by the FBI Director putting his self righteous thumb on the electoral scale in both the start of the critical summer elections season and, then, yet again in the last two weeks before the election? It is easy to make that argument, irrespective of any other factor.

Was it that Hillary did not expend personal and campaign time and dime in Wisconsin and other Rust Belt states when she did a lost, but very much growing, cause venue such as Arizona? Easy case for that argument as well.

The actual data and competent reportage seems to indicate that all of the above were significant factors. It strikes me that is right.

All of the above factors fed into the defeat of Clinton and the election loss by her, if only by the electoral college, at the tiny hands of Trump. So be it. That is what happened under the electoral laws and process (yes, let us not forget the pernicious meddling of Russia and/or Wikileaks, whether they are coupled or not) pertinent to the 2016 US Presidential election. But, like the result or not, that was all pursuant to the Constitution and election laws as are currently extant in the United States. There is not one competent piece of evidence that the actual vote itself was “hacked” or “rigged”. Just none.

Which brings us to the much ballyhooed action of Jill Stein to crowd fund and conduct audits and or recounts in the key states of Wisconsin, Michigan and Pennsylvania. The second she started her effort, I opined it was an attention grabbing craven play by Stein, and not a legitimate effort with any eye to any substantive results. On a more private forum I intoned:

But that is the thing: It IS bomb throwing, and stupidly so. There is NO evidentiary basis for fraud or mistake that I have seen. The guy who started it, [J. Alex] Halderman himself, admits as much legally when he says he thinks it is most likely poll inaccuracy, not anything nefarious.

I know all the beaten down, especially Clinton diehards, that cannot fathom how she blew this election, want to grasp for something. But it just isn’t there.

I stand by that completely. What Jill Stein is doing is blatant self promotion, list building, reputational repair where it is undeserved, and slush funding for an incoherent Green Party. It is detestable to the extreme. Stein has glommed onto this recount scam as a way to serve herself, she certainly is not serving anything else.

To quote a significant Democratic election law attorney, and longtime friend of this blog, Adam Bonin:

“If there were something to do here, there are a lot of us who would be jumping on it”

Early on the hashtag #AuditTheVote was attached to this chicanery. Here is the problem with that – two out of three of Stein’s target states already “audit the vote” as a regular matter of law without the need for Stein’s self serving injection into the matter. In fact, Stein’s primary target, Wisconsin, has a reasonably robust random audit provision in Wisconsin Revised Statute 7.08(6), which has been generally deigned to require:

The voting system audit procedures consist of two independent processes: an audit conducted by municipalities of reporting units randomly selected by the State Elections Board and an audit of reporting units conducted by the State Elections Board. Number of Reporting Units to Audit: Per the requirements of section 7.08(6), Wis. Stats., each type of electronic voting system in Wisconsin must be audited after the general election to ensure that each system does not exceed the error rate prescribed in the federal voting system guidelines. The State Elections Board will randomly select fifty (50) reporting units across Wisconsin which will be subject to municipal audit, including a minimum of five (5) reporting units for each voting system used in Wisconsin. If fewer than five (5) reporting units for any voting system are selected through the random selection process, then additional reporting units will be randomly selected by voting system until five reporting units per voting system have been selected. If there are fewer than 5 reporting units using a voting system the State Elections Board staff will audit those reporting units if the reporting units are not selected as part of the random draw. until five reporting units per voting system have been selected. If there are fewer than 5 reporting units using a voting system the State Elections Board staff will audit those reporting units if the reporting units are not selected as part of the random draw.

Well, that is actually pretty robust. And all of which would have been, and will be, performed without the preening self interjection of Jill Stein in her first state of concern, Wisconsin.

Just Wisconsin? Nope. Pennsylvania also has an inherent audit provision, though not quite as robust as Wisconsin. The bottom line is, though, there are already “audit the vote” provisions in two out of three of Jill Stein’s targets, even though she declined to say so in her propaganda seeking funding to stay in the spotlight and reconstruct her reputation. In fairness, Michigan has no such automatic audit provision, so there is that.

Next, you need to consider that there is a substantive difference between “audits” of the vote and flat out recounts. Stein has always been about recounts, despite the bogusly applied #AuditTheVote nomenclature applied by Stein and her glommers on. Recounts are expensive, labor intensive, and time consuming. And they are asinine where there is not a single shred of competent evidence to support fraud or mistake that could, even in the remotest possibility, change the outcome in a given state or states.

And, let us be crystal clear here, there is still NO competent evidence whatsoever of fraud, mistake or other irregularity that could change the result. None. And that is the thing, unless there is fraud, mistake or systematic error, recounts can do nothing to legally support a challenge to the election results. A challenge has to stand up in court. It cannot be thin and based upon rote supposition and suspicion. Even if Stein’s folly turns up a minor discrepancy here and there, that will not suffice.

The vote differential, again in Wisconsin for instance, between Clinton and Trump currently stands at 27,259 votes. Yes, that is less than the total of Stein, so despite the wild claim she threw the election that some Clinton supporters have thrown, I will not. Some Stein voters were never going to vote for Clinton; so while Stein’s vanity run deserves ridicule, it does not, in and of itself, “prove” Clinton would have won but for Stein. Close enough for ridicule given that Trump is the result? Sure. But, again that, too, holds for ridicule of Clinton’s own arrogant and detached campaign and the fatally pernicious effects of the completely rogue arbiter of his own justice, James Comey.

So, where does that leave us? With a Norma Desmond like self promoting grifter, dying to redeem her name and stay in some/any spotlight, in the form of Jill Stein. She was a cancer on the election (hey, her dinner with Putin and Mike Flynn was cool though!) that, at a minimum, helped elect Trump, and she is sticking around to create more hell now that said deed is done.

This is absurd. Jill Stein is a grifter and a fraud. And she is playing this opportunity to, first off, list build for herself and the Greens, secondly, resuscitate her and their name, thirdly, stay in the press, and lastly, create an amorphous slush fund to continue those things. Stein is succeeding beyond wildest expectations if your idea of the normal course of business is Donald Trumpian level grifting.

For a woman who raised only $3.5 million during her entire vanity run for President, Stein has now raised nearly $6 million dollars in far less than a week on this scam. That is NOT because Stein has dedicated Green Party followers wanting to bleed yet more money into their candidate after the election; no, it is because desperate Clintonians are seeking some way, any way, to stop Trump. And playing on that desperation is exactly the fraud of Jill Stein.

A common refrain I see is that, “golly, there is no harm, and much good, that can come from confirming the vote”. But that is just more self serving balderdash from the desperate and/or Stein acolytes. In fact, there is great harm that can come from Stein’s shenanigans. Here is Rick Hasen from the Election Law Blog, quoting the Wisconsin Journal Sentinel:

Wisconsin could be at risk of missing a Dec. 13 deadline to certify its 10 electoral votes if clerks can’t complete an expected recount by then.

Hitting the deadline could be particularly tricky if Green Party presidential nominee Jill Stein is able to force the recount to be conducted by hand, Wisconsin’s top election official said.

Stein — who received just 1% of the vote in Wisconsin — has promised to file for a recount by Friday’s 5 p.m. deadline in Wisconsin. She is also planning to ask for recounts in Michigan and Pennsylvania, which have deadlines next week.

A federal “safe harbor” law requires states to complete presidential recounts within 35 days of the election to ensure their electoral votes are counted. This year, that’s Dec. 13.

What is the upshot of this? Easy, Stein’s effort could easily place Wisconsin, in light of the December 13 deadline, of missing the deadline and disenfranchising all voters in Wisconsin. Yes, there are potential repercussions from actions like Stein is taking, especially when there is no known basis or grounds whatsoever evidentiary wise to support them. And that is just Wisconsin. Michigan and Pennsylvania are in even bigger jeopardy thanks to the self serving hubris of Jill Stein, should she actually continue on to file in those states as promised, without any rational basis for challenging the vote therein.

Lastly, while I have been writing the instant post, the attorney for the DNC and Clinton Campaign, Marc E. Elias, has weighed in on Medium with an official take for both himself and, by all appearances, the aforementioned campaign entities. The Reader’s Digest version, by my eyes, is that, while the DNC and Clinton camps are going to join into the Stein effort, they have never seen any basis for it, and are being dragged into a position of noticing their appearance and joinder simply in order to preserve their rights to be involved should Stein’s group go so far off the rails or, in the remotest of all potentialities, find anything. That is not joinder with enthusiasm, it is joinder to protect your legal voice. Trump is now doing the same for similar reasons. I do not blame either Clinton or Trump for doing so, in fact, Stein’s idiocy put both of said parties in that regrettable posture. Don’t cast your eye askew for one second at Elias and the Dems, nor even Trump and the Repubs, ….Stein and her idiotic self serving publicity play made them do it.

In short, this effort by Jill Stein is nothing more than a self promoting vanity play. If you want to donate to that grift, by all means, go ahead. But don’t blather about how it is going to help democracy or promote fair elections. That is absurd. In fact, just exactly as absurd as Jill Stein’s cynical grift on her current donors who are far different than her few and far between Green donors.

Stein is scamming the dispossessed. That is a Trumpian level fraud.

Bmaz is a rather large saguaro cactus in the Southwestern Sonoran desert. A lover of the Constitution, law, family, sports, food and spirits. As you might imagine, a bit prickly occasionally. Bmaz has attended all three state universities in Arizona, with both undergraduate and graduate degrees from Arizona State University, and with significant post-graduate work (in physics and organic chemistry, go figure) at both the University of Colorado in Boulder and the University of Arizona. Married, with both a lovely child and a giant Sasquatch dog. Bmaz has been a participant on the internet since the early 2000’s, including active participation in the precursor to Emptywheel, The Next Hurrah. Formally joined the Emptywheel blog as an original contributing member at its founding in 2007. Bmaz grew up around politics, education, sports and, most significantly, cars; notably around Formula One racing and Concours de Elegance automobile restoration and showing. Currently lives in the Cactus Patch with his lovely wife and beast of a dog, and practices both criminal and civil trial law.