Posts

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.

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.

The Banality Of Evil Access Journalism

A tweet from a talented, but maybe Stockholmed, journalist favorite of Mr. Trump:

This reporter is old enough and smart enough to know and understand exactly what Rudy and Trump are, but still evinces this blithe acceptance bullshit?

Please stop, yer killing me. With every passing day, the initial criticisms as to the lameness of Haberman, Baker and Schmidt’s on and off duality of record “interview” of Trump look smarter. Greg Sargent was early with this:

President Trump’s extended, rambling new interview with the New York Times provides perhaps the clearest picture yet of his conviction that he is above the law — a conviction, crucially, that appears to be deeply felt on an instinctual level — and of his total lack of any clear conception of the basic obligations to the public he assumed upon taking office.

There are numerous worrisome moments in this interview, from his incoherence on the health-care debate (“preexisting conditions are a tough deal”) to his odd asides about history (Napoleon “didn’t go to Russia that night because he had extracurricular activities, and they froze to death”).

But, frankly, the entire tenor and credulity of the interviewers – and the interview – as a whole is simply beyond belief. NYU Journalism Professor Jay Rosen hit on the latter in a very cogent tweetstorm, as to the interview itself.

But I have to ask the same questions about the journalists conducting this interview. There were a lot of knee jerk defenses, mostly by other journalists, of the manner in which the interview was conducted sans followup questions and factual corrections of Trump’s blatant and rampant absurdity and lying, early on Twitter. The thin skinned “interviewers” of course blanched and professed how much they were just “doing their job”.

At what point does it become journalists’ “job” to stand up for truth, have the guts to speak it to power actually during their access, and not just in seeking it? But, hey, maybe these NYT journalists can deflect it all by comparing the current American crisis to the not even close to analogous bogosity from 20 years ago in the Clinton era. You know, the same misdirection horse manure their access point Donald Trump relentlessly tries to foster.

The United States is not dealing with the same paradigm of politics it was even as recently as seven months ago. Both the citizen public, and the press that supposedly serves them, need to understand the fundamental change and adapt. The presumption of normality still being afforded Trump and his Administration is a disservice to both the people and their democracy. It is, in this critical living breathing moment, the banality of evil.

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.

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.

When Trump Brought Romney To Heel, or Further Adventures in the Cabinet of Deplorables

trump-romney-carKarma is a bitch, or so it is said. I think it is currently. Back in the day, Mittens was famous for being such a cheapskate cheeseball (yeah, despite the car elevator, which seems quaint now compared to Trump’s ostentatiousness) that he loaded the family dog into a small box coffin mounted to the top of the family station wagon to go on family vacations.

The dog was named Seamus, Mittens was an anus, and the incident became famous. But the long ago incident dogged Romney in the 2012 election. Sometimes, things come back to bite you in the ass.

Welp, here we are deep in 2016 and that dog bites Mitten man story is back. Romney, who seems a decent chap in relation to the current Cabinet of Deplorables under consideration by Team Transition Trump, is suddenly – supposedly – under consideration for a Cabinet post. Reportedly the Secretary of State slot, but possibly others as well.

But, wait, is Mitt Romney on the Trump Christmas Card List, much less cabinet appointment list?

Seems hard to square since Mittens was there ripping the Donald a new anus as recently as last March. But that was then, and this is now. And…..now…..the major media is all agog that the Trumpeter could be soooo rational and awesome as to be assembling the vaunted “Team of Rivals”. Here is everybody’s favorite Mark Halperin replacement stooge, Chris Cillizza of WaPo’s “The Fix”, milking the mad cow for every drop he can:

Again, this would, largely, run counter to how Trump ran his presidential campaign. But that would also make picking Romney all the more powerful a symbol. Campaigns are one thing, Trump would be saying, but being president is another. I want to be surrounded by the best people for the job — no matter what we said about each other in the past.

This is, of course, the whole “Team of Rivals” concept that garnered President Obama so much good press in his own transition period back in late 2008. Trump has further to go — a lot further to go — than Obama did to heal the rifts within his own party and answer doubts about his readiness to do the job to which he was elected. But the Romney meeting is a step in the right direction. Getting Romney to sign on would be an even bigger one.

This is, of course, a boatload of steaming shit. Hey, it is the Cillizza Fix, what did you expect? There are a plethora of others in the major media, including cable, deep diving into the same ridiculous bunk.

Take a look at who Trump has signed on to officially so far for his chosen team: Mike Flynn, Jefferson Beauregard Sessions, Steve Bannon. Notice anything in common there? Perhaps near insane levels of bigotry, hatred and ostracization of others? Gannon may seem the most inert, but that is wrong, he is just the least known outside of the annals of white neo-Nazi Breitbart nationalism. But they are all of a core.

So, let us be honest, will the Senate Judiciary Committee put up any real roadblock to a dyed in the wool unreconstructed racist like Jeff Sessions? Hahahaha, no, of course not. Republicans own the SJC, and even the Dems will ultimately give in to Sessions’ nomination. They will put up a nominal “stern questioning” as DiFi has already so gallantly promised, and then they will cave completely.

Will discerning Republicans with morals object to Sessions’ nomination? Hell no. The single most quirky and sometimes actually moral GOP member of SJC, Jeff Flake, has already strongly and early come out in favor of Beauregard’s nomination. If you know SJC, this is over, and welcome to unreconstructed racist Jeffrey Beauregard Sessions as AG.

The point is that Trump is the racist bigot he has always promised to be. Do NOT buy in to the cloying clickbait rationalizing and normalizing pablum of the main and cable media. They already know they are under siege from Trump, and are already cowering in the midst. The media we ought be able to count on are already “asking questions” about what they will do, while they do nothing to stop the nonsense. It is already a stunning abdication, as if the performance during the election were not proof enough.

So, what does Trump’s meeting with Mitt Romney Saturday really mean?

That Trump is reasonable and might let Mittens, who insulted the hell out of Trump not long ago, be one of his key Cabinet members?

cxla1tsveaap5kiHahahaha, no. Don’t be foolish. This is a staged clownshow for the idiot media who, of course, are lapping it up. Secretary of State for Mittens? Hahahahaha, not likely, Trump is not that gracious, forgiving or intelligent. Heck, Mittens had to carry his own shoes through TSA, all by himself. If the Trumpalo wants you, that is not how it happens.

No, what is going on here is that Trump is bringing Romney, who insulted him and disrespected him, to heel. Like a dog. Chris Christie, who supplicated and humiliated himself over the better part of a year to support Trump, was sent packing like he had the plague. That was only because Christie had slighted the son-in-law’s father in the past.

Romney fired all his guns in anger in a direct broadside against Trump himself. Sure, yep, totally, Trump will now make Mittens Secretary of State.

Probably ought roll with that meme media members. Uh huh. Trump is taking you, and Mittens, on a ride if you think Romney is getting any significant policy post like SOS. Nope. Oh, but the way, Ted Cruz isn’t either. Give it a rest.

[The graphic at the top, which is totally awesome, is by the one and only TWolf, our friend for a long time. Follow Tom at @twolf10]

Scary Trumpalo Clown Trash Talk

clown-badAs you may have heard, there are scary things afoot this election season. But, no, it is not just the terrifying Trumpalos plotting to execute Hillary Clinton if their cherished Trump is not elected Sexual Molester in Chief, it is also the scourge of the more traditional clowns:

You’ve probably heard of the “killer clown” sightings and threats that are stoking fear around the U.S.

The “killer clown” hysteria began in late August, when unsubstantiated rumors surfaced in Greenville, South Carolina, that creepy clowns were trying to lure children into the woods. Those rumors were followed by reports of scary clown sightings in North Carolina, Florida, Pennsylvania, New York, Wisconsin, Colorado and several other states.

Sure, there are hoaxers,…..BUT:

Though most of the scary clown sightings haven’t been confirmed, or have turned out to be hoaxes, a few have been real. In Kentucky, a 20-year-old man was arrested for lurking near an apartment complex while wearing a bloody clown mask. And earlier this month in Roseville, Michigan, two 18-year-old women were arrested for dressing as clowns and chasing and frightening two 14-year-old girls.”>Though most of the scary clown sightings haven’t been confirmed, or have turned out to be hoaxes, a few have been real. In Kentucky, a 20-year-old man was arrested for lurking near an apartment complex while wearing a bloody clown mask.And earlier this month in Roseville, Michigan, two 18-year-old women were arrested for dressing as clowns and chasing and frightening two 14-year-old girls.

clowntrumpThen there is the ass clown that is Trump.

The Trumpalos following The Donald give new meaning to the thought of a truly insane posse.

Again, from the link above:

Amid the panic surrounding scary clowns, some schools are banning clown costumes this Halloween. The superintendent of Montclair Public Schools in New Jersey asked parents not to allow “children to dress up as clowns at any school event due to the possible disruption and fear it may cause.”

Some schools in Connecticut, Colorado, California, and other states have also banned clown costumes this year to avoid creating a panic.

Wonder if the school is similarly banning Trump costumes, because that it the real scary clown in our lives currently.

Anyway, on to the games for this weekend:

For the “student athletes” the two marquee games are clearly Alabama at Tennessee and Ohio State at Wisconsin. Hard to see how the home cooking in Knoxville and Madison, respectively, will be enough to carry the home dogs. Both going to still end up under. Of the two, the Badgers have the better shot. I am rooting for them because it is our friend Phred’s team, but still hard to see. Other games on the schedule that may be good: Ole Miss at Arkansas, UCLA at Washington State and Arizona State at Colorado. In any normal year, the Devils would be favored by about 20 over the sad sack Buffs. This is a weird year in the PAC though, and Colorado is tough, especially in Folsom Field in Boulder. I’ll take the Buffs, sadly.

In the pros, The Bolts already upset the Donkos on Thursday Night. The Jets are here in Phoenix to take on the Cards in the Big Toaster for Monday Night Football. Cards have just been off all year, and I don’t see that such is improving yet. Carson Palmer is back from a concussion, so I guess you have to favor the BirdGang, but hard to have much confidence. Lot of interest in the Cowboys taking to the Frozen Tundra in Lambeau. If Dak Prescott can pull of that kind of win, he may never give up the starting QB job, even when Romo eventually returns. Hey, it happens, just ask Drew Bledsoe about that Brady kid.

The Eagles visit the capital to see the Skins. The skins are a surprising 3-2, with the two losses coming to good teams, the Steelers and Cowboys. Philly is 3-1, and got a LOT of early press, but then got exposed somewhat by the Lions last week. This is a pick em and should be a good game. Hard to see the Bungles beating a still pissed off Tom Brady and the Pats in Foxborough. The Rams at Lions may also be a strangely good game. Betting on the Kittehs is never smart, but I am going to.

Music this week by Smokey and the Miracles in keeping with the clown theme.

Trump Is Who He’s Always Been, And Trump Is the Epitome of the GOP; They Have To Own Him

The Washington Post’s David Fahrenthold has come up with another scoop. While scraping for video clips does not seem to be Fahrenthold’s strength, like the KFile boys who bolted Buzzfeed in the middle of the night for the apparently greener pastures of CNN, this clip posted by the Washington Post is bigger than anything that has come before. It doesn’t matter if it is by weight, timing, or the clear combination of the two, it is simply huge. Game changing.

The most striking thing, however, is not that this video exists, nor that it has emerged to public view, it is that the Republican party worthies and press seem to think it is shocking. Seriously, this information, and the Donald Trump it reflects, is exactly who Donald Trump is, and has been, for decades.

Donald Trump is a once and forever informationally ignorant, self serving jackass extreme narcissist. But he has been that for decades to anybody paying attention. Trump was the leader from the start in the Republican primary, and was the easy winner of their nomination. Why? Because the votes on the ground count, much to the consternation of supposed “sane party elders”, and the votes on the ground made Trump an easy winner. He is exactly what the current Republican GOP party embodies at its heart.

Watching holier than though instant moral compasses (well oiled craven weathervanes?) like Jason Chaffetz, Mitch McConnell, John McCain, Mitch McConnell, Orrin Hatch and Paul Ryan squirm and proclaim their shock, like grubby kids with their hand stuck in the cookie jar, is hilarious. What convenient souls they are to suddenly have the inclination of what they have all sowed and reaped for years. They doth protest too much; Trump is them, and they are Trump.

I came home late, but still managed to hear at least two tellings of the story of how John Rhodes, Barry Goldwater and Hugh Scott went down the Hill and gave the hook to Nixon when it was time, with the ideation that such a similar scene could end the Trump moment now. Those are the crazy fever dreams of people like Chris Matthews, David Gergen, Mark Halperin and the rest of the Beltway cocktail weiner gobblers.

Not gonna happen. Rhodes, Goldwater and Scott were men of a different time and more stout character. There are no analogues today. Jason Chaffetz and Mike Lee can conveniently preen and bluster all they want. It is bullshit, as it is with almost all of the rest of today’s Republican party. They do NOT get to suddenly walk away from the monster their party has spent decades creating. They own Trump, Hannity, Roger Ailes, Fox News, Breitbart and Limbaugh. It is who they are, and nobody should forget it.

The Republican party of today has relentlessly stood against women’s rights and ability to control their own bodies, equal rights and protections for LGBT citizens, fair treatment for minorities and immigrants, and the right to vote for anybody other than middle aged fat white men. The current Republican party think that they are the only “suspect class” due “equal protection”, and not the minorities, races, genders, sexual identities and other endangered classes the civil rights laws were designed to protect.

This is exactly what makes the instant kvetching in the GOP aisle over Trump last night so fatuous. It is a boatload of opportunistic self serving fraud. Not for one second should anybody accept that Trump is the sudden exception, he is unequivocally what the GOP has been growing into for years. The modern Republican party has long championed racism, bigotry and misogyny; Donald Trump is just the point of their spear. To the extent there are any “honest brokers” left in the GOP, they are still guilty of benign neglect that allowed the ugliness that is the Trumpian GOP to fester.

The GOP cannot run from Donald Trump, he is who they are now. The last minute panicked contrition of the very women blaming and shaming, racists, bigots and oligarchs that claim to speak for the GOP cannot shed the snake skin of who they are, and what they have created.

Oh, and by the way, the fever dreams of the Chris Matthews and Mark Halperins of the pearl clutching Beltway set are not going to get their wish. It is too late for Trump to be replaced on the ballot by the grand poohbahs of the GOP. As election litigator extraordinaire Marc Elias points out, the ballots for the military and overseas voters have already been sent out pursuant to the UOCAVA, i.e. the Uniformed and Overseas Citizens Absentee Voting Act. Locally, the Arizona ballots are putatively at the printers and being mailed out within five days. Many other states are either on that timetable or ahead of it. In short, the voting has begun. The die is cast.

Also, via Philip Bump and Dave Weigel of the Washington Post:

More than 34,000 Republican voters have already cast their ballots for the 2016 general election according to the U.S. Election Project, 8,000 of them in the battleground state of North Carolina and another 5,000 in Florida. Not all of those ballots were cast for Donald Trump, it’s safe to assume, but it’s more than likely that most of them were. And that, in a nutshell, is why it’s far too late for the Republican Party to dump Donald Trump from their ticket.

More from Bump, Weigel and the WaPo:

Josh Putnam, a University of Georgia lecturer and expert on the machinations of the parties, told me at the time that the rule at issue was Rule 9. Rule 9 reads:

The Republican National Committee is hereby authorized and empowered to fill any and all vacancies which may occur by reason of death, declination, or otherwise of the Republican candidate for President of the United States or the Republican candidate for Vice President of the United States, as nominated by the national convention, or the Republican National Committee may reconvene the national convention for the purpose of filling any such vacancies.

Death, declination or otherwise. No “because we want to” clause.

“Let’s be clear here: The rule is intended to fill vacancies, not to lay the groundwork for a replacement,” Putnam said. “Some have speculated that ‘otherwise’ is ambiguous. Taken out of context it is. However, under the provisions for filling vacancies, it clearly fills in any gap between death and declination (i.e.: an incapacitating illness, but one that leaves the nominee neither dead nor able to decline to run further). And that was the intention.”

Weigel and Bump are superb reporters, and put up a compelling article on a short deadline. But, when it comes to election law, there is nobody better than Rick Hasen. Rick actually contemplated this scenario back in August, over two months ago, when the switch would have been far easier than it is now with ballots already outstanding. His conclusion was that it would be beyond difficult. And that was then, much less now.

But what if the ballots stood as is, could the GOP “electors” find the unanimity to cast enough electoral votes for some person other than Trump? Hasen, at his excellent “Election Law Blog” linked to some thoughts on that effectively imaginary scenario by Ned Foley:

As I write this on Friday night October 7, there is renewed talk of GOP leadership disavowing Trump. True, Trump will still be on the ballot that we citizens cast. But suppose the GOP leadership publicly announces that it will ask GOP electors, when they meet and vote on 12/19, to cast their presidential vote for Pence. Then some GOP-leaning superPACs spend a lot money before 11/8 informing voters of this plan.

Suppose this plan is successful, insofar as it causes on Election Night, 11/8, the media to announce that GOP electors were chosen in enough states to amount to 270 Electoral College votes. Then on 12/19, the GOP electors all do as intended according to this plan: they cast their official Electoral College votes for Pence, not Trump. Pursuant to 3 U.S.C. 9-11, these electors all sign their certificates showing Pence as their choice and send the certificates to Joe Biden, as President of the Senate.

Now, someone might claim that some of these electors violated a previous pledge they made to cast their Electoral College votes for Trump. Maybe this claimant even arranges to send to Biden a separate set of Electoral College votes cast by replacement electors who were substituted because the faithless electors violated their pledge. (This move would be reminiscent of 1876.) We can assume that the claimant wouldn’t send to Biden 270+ Electoral College votes for Trump, but some number short of 270 in the hope of depriving Pence of the presidency.

What would happen when Biden receives two conflicting sets of Electoral College votes from some states, one set for Pence, and the second set for Trump?…

Long story short: There is no way out from Trump for the GOP. They are stuck, and they got there the old fashioned way: they earned it. The Republican Party cannot hide form this event or pretend it is a mistake. It is the culmination of where the Republicans have been headed since the days of Nixon and Lee Atwater. The GOP has tried to mask it with duplicitous bleating about social conservancy and family values, but the truth is out now. It is all about preservation of white bigotry and privilege, and shifting of income and wealth to oligarchs and corporations. When Trump feigned to support that, and the maintenance of women in second class subservient status, the Republican party was willing to ride that horse. Now they want off. Don’t let them.

It is time for change, and that will not, and cannot, be furthered by letting the party of bigotry, hate, misogyny and income inequality off the hook because their avatar has been exposed.. Make them own what they built and earned.

Is Trump’s $915 Million Tax Loss Connected to an Exotic Tax Shelter?

293015Guest Post by Robert J. Lord

The news is out about Donald Trump’s $915 million of tax losses.

The real question is whether those losses were real economic losses, or just a tax artifice created by a clever planner.

Real estate developers like Trump benefit tax-wise from provisions that allow them to claim losses attributable to borrowed money. But those provisions are not a complete giveaway if the borrowing ultimately is repaid.

If the borrowing is not repaid, as we know to be the case of Trump’s casino debt, the tax law generally requires the person whose debt is forgiven to recognize income, which typically erases the tax benefit of those earlier losses. Even in those situations where debt forgiveness does not result in income, the borrower’s tax attributes are reduced by the amount of debt forgiven, and unused losses are at the top of the list of those tax attributes to be trimmed.

Could Trump have figured out how to have his cake and eat it too – that is, keep his losses for tax purposes, even while being excused from having to repay the borrowed money on which those losses were based? Yes, it is possible!

One possibility is that Trump’s lenders agreed not to expressly forgive Trump’s debt, but instead to sell their rights as lender for pennies on the dollar to an individual or entity close to Trump, such that it would never be enforced. This strategy is referred to as “parking” the debt. Some tax professionals like John Hempton at Bronte Capital and commentators like Josh Marshall at TPM have speculated this is the artifice Trump and his advisors engineered to preserve Trump’s huge losses and thus shelter close to a billion of future income from tax.

Does the tax law permit the parking of debt that effectively has been forgiven? Certainly not by design. If Trump parked the debt with a close relative, the tax code would have treated it as if the debt was forgiven.

Trump could have parked the debt with someone not so closely related or with a friend, but not if had an agreement that said person would not enforce the debt. Which means he’d be at severe risk, as the person could turn on him and enforce the debt. That would have been almost a billion dollar risk. It is hard to imagine Trump, his accountants and attorneys permitting that.

Could Trump have parked the debt with a corporation, trust or partnership he controlled? In a word, yes. Congress tried to prevent debtors from circumventing the law this way as well, but they inadvertently created a small crack in the law, which Trump just may have been able to squeeze through.

The tax code expressly identifies corporations, partnerships and trusts deemed too close to a debtor to purchase his debt without causing the debt to be deemed forgiven for tax purposes. Those rules were well written. After they were written, however, and not long before Trump faced his financial difficulties, Congress created a new type of entity for tax purposes only, the “real estate mortgage investment conduit,” or REMIC. Those rules state, in no uncertain terms, that certain partnerships, corporations and trusts become something else for tax purposes. They are expressly NOT to be treated as partnerships, corporations or trusts. Thus, unwittingly, Congress created a gaping yet little noticed hole in the rules that prevent parking debt with a controlled corporation, trust or partnership.

And Trump may have seized on Congress’ mistake.

The REMIC rules were enacted in 1986 to facilitate investment in mortgage-backed securities (yes, those securities that crashed the economy in 2008). A REMIC is a partnership, corporation or trust under the law of the state in which it is formed (usually, Delaware) that holds almost exclusively interests in mortgage debt, and satisfies a few additional statutory requirements related to the type of ownership interests (for example, corporate stock, partnership interests, or beneficial interests in a trust) it issues.

Congress anticipated that REMICs would hold entire pools of mortgage interests, but never specified a minimum number, which means a REMIC might hold only one mortgage – for example, the mortgage on a Trump casino – and still qualify. Or it could be multiple similar obligations.

A few clever tax lawyers realized that by qualifying a partnership, corporation or trust as a bastardized form of REMIC, they could circumvent the rules that prevent the parking of debt with a controlled entity to avoid debt forgiveness income.

Trump’s situation quite clearly lent itself to this exotic strategy. If he used a REMIC he controlled to purchase the mortgage debt on one or more of his casinos (and/or other properties) at a deep discount, the rules that prevent debt parking would not have applied to him.

The bottom line: Trump indeed could have used a debt parking strategy to preserve close to a billion dollars in losses for tax purposes even though he avoided the economic loss on which those tax losses were based.

Did Trump employ this strategy? Nobody knows yet, but it would explain why those losses still showed up on his tax return in 1995 and how he gamed the system for an enormous tax windfall.

The secretive and shady nature of whatever avoidance scheme Trump has used, which would clearly be on the edge of legality, even if putatively legal as Trump claims, would also very easily explain why Trump steadfastly refuses to make public any more of his tax return information.

It is also exactly why the public is entitled to see his convoluted machinations and judge for themselves his honesty. And, remember, all statutes of limitation, both criminal and civil, have long ago expired as to the 1995 and surrounding years tax returns. There is no legitimate reason whatsoever Trump cannot release them. Other than fear that what he is hiding is exposed.

Robert J. Lord, a tax lawyer and former Congressional candidate, is an associate fellow at the Institute for Policy Studies. Bob previously served as an adjunct faculty member at the Arizona State University School of Law. Bob’s work focuses on the relationship of tax law to inequality. He contributes to both the Inequality.org website and to OtherWords, the Institute’s national syndicated editorial service. Bob also is a staff member at Blog For Arizona, the leading political blog in Arizona.

The Questions That Should Be Being Asked About Trump’s Tax Returns

watch-trumps-tax-evasion[Editor’s Note – this is a guest post by a friend of ours here at the Emptywheel Blog, Bob Lord. Bob is a longtime tax attorney with some very salient thoughts on Trump’s taxes, and lack of production thereof]

By Robert J. Lord

A lot has been said about Trump’s refusal to make his tax returns public. But despite the volume of commentary, it’s not clear the right questions even are being asked.

Trump claims he can’t release his returns because he’s under audit. At some level, that’s a legitimate concern. It would hardly be fair if thousands of tax professionals who oppose Trump politically helped the IRS by publishing their own analyses of the returns. Ultimately, however, it’s a phony excuse.

But rather than challenge the logic behind Trump’s refusal to release returns, a series of questions should be asked:

First, what tax years are under audit? Does it go back beyond 2012? If not, can the 2011 return be released? After all, the statute of limitations on the audit of that year has passed, so there’s no exposure to Trump by releasing that return. If not 2011, how about 2010?

Second, why haven’t the audit notices been released? An audit notice is a short, generic letter from the IRS stating that a taxpayer’s return has been selected for examination. There’s nothing so sensitive in such a generic notice that it could not be made public. At this point, Trump has not even offered up this most basic evidence that he is really even under audit. Why hasn’t proof been demanded?

Third, for the tax returns that are under audit, why can’t the first two pages be released? After all, those first two pages simultaneously contain the information most relevant to the public about a presidential candidate and contain no information that reveals the issues under audit. Although an audit ultimately impacts the numbers that appear on the first two pages of the return, it’s the schedules and other information that the IRS analyzes in an audit. For example, the first page of Trump’s return states the income or loss he received from partnerships and real estate investments, but it’s a schedule attached to the return, and the returns of the partnerships in which Trump is a partner, that contain the information the IRS would scrutinize in an audit.

Fourth, if for whatever reason the first two pages of the returns can’t be released, could Trump at least release five numbers from each of his returns: his gross income, his adjusted gross income, his taxable income, his self-employment tax liability, and his income tax liability? If not, then why not?

Fifth, is the sensitivity of Trump’s IRS audit the only reason behind his refusal to release the returns? Is Trump also under audit by any other tax agency, such as New York State’s Department of Revenue?

These questions would force Trump to take one of two approaches: Either continue to evade or allow the exposure of an uncomfortable (and intuitively obvious) reality – that the sensitivity of his audit is not the real reason for his refusal to release his returns. In all likelihood, he’d take the first approach, probably claiming that his tax advisors have told him not to release any information publicly. But, again, that cannot explain his refusal to release returns up to 2011, for which the statute of limitations have all expired.

What is the real reason Trump does not want to release the returns, even the first two pages? It could be that there’s some embarrassing piece of information in there somewhere and Trump learned from Romney’s refusal to go beyond a limited release of his returns that eventually people forget about a candidate’s refusal to come clean. More likely, however, the problem he’s facing is his own lack of credibility. The tax return of a real estate magnate like Trump paints a very distorted picture. Income will vary wildly from one year to the next. Important items might be buried in the return of a partnership or corporation that can’t be released because of minority partners or shareholders. Taxpayers in Trump’s position tend to bunch their charitable contributions, making them in the years they provide the most tax benefit. Unfortunately for Trump, that practice could make him appear incredibly tight-fisted if his returns over too short a period are seen in isolation.

And that’s where Trump could be trapped by his own lack of credibility. It may well be that there’s a perfectly reasonable explanation for whatever Trump would prefer not to be out there for public comment. Trump’s problem is that if the explanation comes from him, nobody will believe it. And he knows it.

At a minimum, however, the above critical questions must be asked. Even if Trump has to explain a few items on his returns, that is no greater fear or burden than every other previous Presidential candidate has faced. Certainly Trump may have varied financial interests, including charitable trusts. But so have other candidates before, including Hillary Clinton this election, and all have engaged in public transparency but for Trump.

Hopefully the press, including the debate moderators, will force Mr. Trump to answer these basic questions.

Robert J. Lord, a tax lawyer and former Congressional candidate, is an associate fellow at the Institute for Policy Studies. Bob previously served as an adjunct faculty member at the Arizona State University School of Law. Bob’s work focuses on the relationship of tax law to inequality. He contributes to both the Inequality.org website and to OtherWords, the Institute’s national syndicated editorial service. Bob also is a staff member at Blog For Arizona, the leading political blog in Arizona.