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History’s Rhyme, Part 5: Bad Faith, Unauthorized Acts and Crimes Against Humanity

[NB: Check the byline, thanks! /~Rayne]

It’s time to revisit the ongoing comparison of Nixon’s Articles of Impeachment with possible Articles against Donald Trump. Previous posts in this series:

History’s Rhyme: Nixon’s Articles of Impeachment — focus on Obstruction of Justice

History’s Rhyme, Part 2a: ‘Abuse of Power’ Sounds So Familiar — Abuse of Power (may include Public Corruption)

History’s Rhyme, Part 3: How Nixon’s Impeachment Unfolded — Watergate and Nixon’s near-impeachment timeline

History’s Rhyme, Part 4: Contempt Then, Contempt Now — focus on comparing charges of Contempt of Congress between Nixon and Trump.

An expansion of Part 2 into 2b addressing more abuses of power is planned in the near future. Trump continues to rack them up.

As noted in previous posts in this series, the House Judiciary Committee prepared five Articles of Impeachment against Richard M. Nixon during the course of its impeachment inquiry. Only three of the five were passed out of committee and approved by Congress. We all know Nixon resigned before the House could vote on the three approved articles.

The fourth article which was not approved pertained to Nixon’s Operation Menu — the covert bombing of Cambodia. Congress, which has the sole power to declare war, had not expressly approved this in its 1964 Gulf of Tonkin resolution. The bombings went unreported for four years and contributed to the destabilization of Cambodia.

A fundamental problem with this Article was that Congress bore some of the blame for the bombing; the Gulf of Tonkin resolution was written in such a way that it didn’t expressly preclude bombing of neighboring nations along the border with Vietnam. The resolution also did not constitute a declaration of war against North Vietnam, authorizing instead the use of military force to meet its obligations under the Southeast Asia Collective Defense Treaty. The legality of the military action in Vietnam was on thin ground, making action on any neighboring country even more questionable.

~ ~ ~

It’s not impossible this very same challenges will form the basis for another Article of Impeachment against Trump should he pursue military action against Iran without adequate approval from Congress.

But we already have seen Trump take action without Congressional approval and without the support of existing legislation behind him, beginning with his first week in office. His Executive Order 13769 to begin a Muslim travel ban was illegal; he persisted in pushing a ban focusing on Muslims with subsequent Executive Order 13780 and Presidential Proclamation 9645 until his Departments of Justice and Homeland Security arrived at restrictions which met the letter of existing law according to a now-stacked and partisan Supreme Court after several lawsuits. This is not a faithful execution of the law — 8 U.S. Code § 1158.Asylum — it’s whack-a-mole with innocent humans as collateral damage for no constructive reason or benefit to this country.

The sole benefit of the persecution of asylum seekers has been to curry favor with Trump’s voting base with campaign promises to stop them — and that’s corrupt.

When acting Attorney General Sally Yates announced the Department of Justice would not enforce the Muslim travel ban three days after Trump signed Executive Order 13769, she explained that the ban was not lawful. Trump rejected this opinion and fired her instead of relying on her expert opinion. He had to be told repeatedly by federal judges his executive order was not enforceable because it was unlawful.

People were detained unlawfully. People were unable to travel freely. The primary reason for their restriction was their religious identity — a violation of the First Amendment and its protections of religious freedom. It was a fundamental human rights violation under the Universal Declaration of Human Rights to which the U.S. is a signatory.

Trump’s introduction of a “zero tolerance” policy implemented during the first months of his term in office has also denied freedom of movement to persons seeking asylum at the border. The policy’s implementation resulted in systematic crimes against humanity including enslavement; deportation; imprisonment; torture; sexual assault including rape; persecutions on political, racial and religious grounds; other inhumane acts.

None of this was authorized by Congress; none of this is in 8 U.S. Code § 1158. These acts also violate numerous U.S. laws as well as treaties. While there is not currently a treaty on crimes against humanity, Trump’s bad faith execution of U.S. law and existing treaties like the Convention Relating to the Status of Refugees and the U.N. Convention Against Torture spell out many of these crimes.

Again, Congress did not authorize acts like:

— separating children from parents or guardians;

— holding children in cages;

— trafficking separated children into unauthorized adoptions without parental or guardian consent;

— deportation of minors without parent or guardian;

— failure to track minors so they can be reunited with parents and/or guardians;

— failing to provide reasonable care including adequate food and water, bedding, hygiene, heat and cooling, health care;

— transporting detained persons without notification to parents, guardians, family members;

— refoulement – deporting asylum seekers back to the place they fled;

— forced labor.

Nothing in U.S. law or treaties to which the U.S. has been a party or signatory authorizes this kind of treatment.

Further, Trump’s bad faith execution exacerbates a long-term problem with Immigration and Customs Enforcement (ICE) — too many U.S. citizens have been denied their rights, stopped, interrogated, detained, and treated like aliens simply because they were not white.

Trump also systematically defies a court order issued in June 2018 prohibiting further separations of minors from their families at the border and instructing the Department of Homeland security to return minors to their families. The Trump administration weaseled around the court order, detaining entire families at military facilities — new concentration camps — while DHS continued to separate families on an irregular basis.

We’ve seen evidence of this systematic lawlessness based on inspections by Congressional tours of detention facilities — concentration camps in which asylum seeking minors were denied reasonable “safe and sanitary” conditions.

The number of illnesses and deaths attributable to Trump’s “zero tolerance” policy may never be fully known because the administration has done so much to avoid monitoring and oversight.

~ ~ ~

Other deaths which can be wholly attributed to Trump’s bad faith in executing his office are those of 2,975 Americans who lived in Puerto Rico (pdf) when Hurricane Maria hit the island in 2017.

He had to be shamed into dispatching a U.S. Navy hospital ship to provide emergency health care even though the vessel had been waiting well in advance of the hurricane’s strike. It took nearly six weeks after it was dispatched for the vessel to berth and begin delivering care, though the Navy knew in advance of the hurricane that Puerto Rico might need medical support.

The manner in which the emergency aid was provided to the island was grossly negligent when not outright malignant — like the bottles of water left to sit on a tarmac for a year after the storm, or the recall of the hospital vessel U.S.S. Comfort long before its services were no longer needed, or the lack of effort on the White House’s part to work with Congress to assure aid money would be allocated and distributed in a timely basis.

Puerto Ricans were denied their right to equal protection under the law; they were not accorded the same access to federal aid as mainland citizens, in contrast to the assistance received by other Americans after Hurricane Harvey, Irma, and Michael in 2017-2018.

And none of this had the imprimatur of Congress.

~ ~ ~

Unlike Nixon’s Operation Menu which only lasted 14 months, Trump’s derogation of Congress’s authority through his bad faith execution of laws is now into its 33 month. His malign acts increase in depth and breadth, now including the wretched refusal of Bahamians fleeing their hurricane devastated country, continued separation of families including Bahamian children.

And now an even more evil effort has begun: Trump wants to round up homeless people regardless of their citizenship and house them in unused Federal Aviation Administration facilities (read: place them in concentration camps).

There are homeless who work in Silicon Valley, homeless only because there isn’t affordable housing. Will he stop at them? Is he doing this to line his pockets in some way or as a campaign promise not shared with the public?

How has his effort combined with that of his cabinet secretary Ben Carson done anything to improve access to affordable housing when they are undermining civil rights protections for marginalized groups?

None of this effort targeting California’s homeless has been adequately debated by Congress let alone codified by law.

Will Congress do nothing at all to stop this creeping and inhuman fascism, these sustained attacks on human rights of citizens and non-citizens alike?

The 93rd Congress may not have passed the fourth Article of Impeachment against Nixon, but at least they understood and grasped the executive could and must be removed with the three articles they passed. It’d be nice if the 116th Congress was less supine.

[Photo by Piron Guillaume via Unsplash]

Another Kind of Recovery: Post-Maria Puerto Rico and Health Care Critical Infrastructure

I was away most of the last several weeks because I was recovering from surgery. I was lucky, not only because surgery fixed a life-threatening problem, but because I had IV bags and tubing for saline and pain medication.

lt doesn’t seem like this should be a big thing but it is for many critical health care situations. Imagine having major abdominal surgery, followed by days of post-surgery care. The pain could be debilitating without a continuous drip pain medication. Imagine the extra labor required to administer pain medication if automated IV drip feeds aren’t available.

Now imagine caring for an unconscious influenza patient suffering from dehydration. Imagine a ward filled with these patients, including children and elderly who may be difficult to hydrate by mouth. Imagine not having enough IV bags and tubing for a severe flu season.

No need to imagine this; hospitals have been dealing with this very shortage for more than a month. Some hospitals are administering Gatorade by stomach tube because they don’t have enough IV bags for hydration.

I hate to think of the challenges for patients in treatment for cancer and other long-term illnesses.

Why the shortage? It’s because Hurricane Maria affected the largest U.S. manufacturer of IV products. Baxter International’s three Puerto Rican plants make 44% of IV bags used in the U.S.

Most Americans aren’t aware 46% of Puerto Rico’s economy is manufacturing. Pharmaceuticals represent the lion’s share, including IV products. This industry represents 18,000 jobs, $40 billion in pharmaceutical sales, and $3 billion in federal tax revenues.

Hurricane Maria may have caused other pharmaceutical shortages. If so, production increases in other locations or substitutions remediated the effect. But there aren’t alternatives given IV products’ manufacturing concentration in Puerto Rico.

The Trump administration has done a pissy job handling post-Maria hurricane recovery in every respect. It almost looks personal, as if he’s punishing the island for a Trump-branded golf course’s failure.

But here’s the kicker: the Federal Emergency Management Agency says it’s done with emergency response in Puerto Rico. It’s pulling out though many residents are still without water and lights. Chalk it up to more bad faith on the part of this administration.

Why hasn’t the administration treated Puerto Rico’s pharmaceutical industry as critical infrastructure? The National Infrastructure Protection Plan (NIPP) lists health care as critical.

Is it because former President Obama’s Presidential Policy Directive 21 (pdf) established the NIPP? Trump has systematically unwound 20 or more Obama policy directives to date.

Trump’s proven he could give a rat’s patootie about brown-skinned people. If Trump mentions Puerto Rico in his SOTU speech tonight he’ll call federal response a success. FEMA gave him a news peg with ample time for his speech writer to stuff it into tonight’s hypocritical bloviating. He counts on the mainland blowing off Puerto Rico now the way it has sloughed off the island’s thousand-plus hurricane-related deaths.

But with the IV products shortage and the ongoing flu season’s severity, this indifference isn’t affecting only Puerto Ricans. It may already have cost lives while increasing health care costs here in the continental U.S.

Heaven help the rest of us if we face a mass casualty event or a pandemic before we fix Puerto Rico — and Trump.

[graphic: Hurricane Maria, 20SEP2017, via NASA GOES]

Three Things: Was Slow Response to Hurricane Maria Deliberate?

NB: First, a call to action at the bottom — come back and read this after you’ve read the call. Don’t let last night’s tragedy swamp effective action; Congress continues its work no matter what tragedies befall the rest of us.

Having worked in both site and systems administration with responsibility for business continuity, I can’t help wonder why the post-hurricane response to Puerto Rico’s devastation was so bad — so bad it looks deliberate.

~ 3 ~

As an administrator, I looked ahead a year or more to mitigate both costs and risks to my employer and stakeholders. Budget roof repairs expenses for this year, budget roof replacement capital next year; replace the analog alarm system with digital system, budgeted last year. It’s pretty dull stuff but all it takes is one break-in, or one bad storm, and the losses from damage and business disruption could easily surpass capital and expense budgets combined.

But what of states and territories? State/territory, local and federal governments do what they can within the plodding framework of legislation, regulation, and budgetary requirements and restraints. Sometimes things just can’t be addressed preemptively, like major storms. Fortunately, there’s adequate monitoring to help predict when they will hit and what the likely impact will be, and there’s the awesome power of the largest military in the world to deploy as needed.

We have monitoring like NASA’s GOES satellite imaging, which visually tracked Hurricane Maria from birth to death as a weakened tropical storm.

And NOAA’s Hurricane Center, which makes accurate assessments of timing and strength of a storm’s impact.

Not to mention whatever additional monitoring and reporting the Defense Department had to offer.

We know with certainty the U.S. government was aware from NASA and NOAA reporting that Maria was a Category 5 storm as it approached Puerto Rico. The National Hurricane Center issued 17 reports over four days warning of the storm’s size, strength, and timing of landfall. I can’t imagine government agencies offering any less now than they did under the last administration.

And yet the Trump White House did virtually nothing to prepare for storm response.

You’d think that a guy with experience managing real estate and businesses for continuity would have utilized these best-on-earth notifications to mitigate and recover injury and damage to Puerto Rican Americans and their property. But for some reason this same guy now occupying the White House spent his time harping about NFL players and golfing instead.

~ 2 ~

This tweet thread crossed my timeline last week; I wondered who leaked and why there was so little followup, because the claim it makes is quite serious. (Click to expand the thread in Twitter.)

If this claim is accurate, the Trump White House sat on its tiny mittens and did absolutely nothing to approve a response to a major catastrophe which was expected with a very high degree of certainty to devastate an American territory home to ~3.5 million citizens.

If this happened five days AFTER landfall, was nothing done by the White House BEFORE Maria made landfall?

It’s not as if taking proactive action was difficult, either. I am certain government agencies and the Defense Department were ready to move with plans they’ve had prepared for some time, tweaked for this particular event. All it would take is a simple verbal Yes to proceed.

Or an executive order which we all know this White House can produce like so much facial tissue.

~ 1-a ~

All the monitoring and reporting provided to the White House, from NOAA and NASA to Defense Department, was budgeted and authorized by Congress for the purposes of serving American citizens. The public expects a level of performance for the taxes they pay; monitoring and reporting on weather and risks from weather are but part of their expectations.

American citizens expect and pay for their government to deliver effective and timely response when their domestic tranquility and general welfare are disrupted, whether nation-state or weather- and climate-based threats. They do not expect to be left without clean water, no minimum shelter, no emergency health care, let alone an empty wallet depleted by taxation which paid for common defense they didn’t receive.

Why have Puerto Rican Americans not received the same level of government responsiveness and services their fellow citizens have received post-hurricane Harvey and Irma?

Why can’t we get a straight answer about the White House’s planning in response to Hurricane Maria two to three days after landfall? Is it because the lack of any response is as bad as the lack of preparation — utterly missing, perhaps deliberately so?

At some point this isn’t about the White House and its executive function. It’s about Congress which has failed to ensure the executive knows exactly what is expected of it and what action should be nearly automatic from the executive office.

Oh, but that’s too much legislation, conservatives will say. No — it’s inadequate existing legislation which has incorrectly assumed for too long a competent manager will execute U.S. laws. It’s too many sick, injured, dying, dead Americans in the wake of ineffective governance.

And it’s inadequate action on the part of Congress to tolerate an incompetent executive.

To be concise, more than one branch of government failed Americans.

And those branches now have blood on their hands.

Do something about this before more Americans die. Do more than hold a hearing.

~ 1-b ~

By the way, FEMA’s Brock Long has proven himself an idiot. He should be given the boot.

An under-funded agency could land two rovers successfully on Mars and operate them for years to conduct research, but humanitarian response to a predicted hurricane utilizing the largest standing military on earth is too complicated? Fuck that.

And fuck this guy — I don’t even know who this pasty slack-handed suit is, but he can take his lies and shove them sideways. The storm did NOT cause you and your co-workers to be idiots and liars, boy.

~ 0 ~

Call to Action: Congress continues to work on bills regardless of the tragedy in Las Vegas or the growing catastophic death toll in Puerto Rico. Your efforts helped kill the last ACA repeal attempt formerly known as Graham-Cassidy. These are our next challenges.

CHIP expired at midnight Saturday night. Congress left for the weekend allowing health care funding for 9 million American children to expire. Not much better than President Cheeto going golfing while ignoring Puerto Rico. Call your representatives and demand CHIP funding be addressed immediately. Script for the Wyden-Hatch bipartisan CHIP bill here — note also you may need to call your state officials as well.

Net Neutrality is back on the bubble. FCC chair Ajit Pai has consistently attacked it throughout his brief tenure, sucking up to the telecom industry while ignoring the public’s best interests. Call your representatives and demand net neutrality be assured by voting NO on another five-year term for Pai as chair. Script for your call here. VOTE IS SCHEDULED TODAY — HURRY. Get a leg on this before AT&T persuades the Supreme Court to wade in.

Guns on schedule this week: a bill to approve the sale of gun silencers. Las Vegas’s mass shooting last night should be proof enough that “hearing protection” for shooters is the last thing Congress should worry about. The bill also allows the sale of armor-piercing ammunition. Hell, no. Script for your House rep, and script for your Senators.

A vote to make abortion illegal at 20 weeks on tap tomorrow. No. No freaking way. You may not like abortion, but read this piece — imagine the emotional and physical horror for a woman and her family as she is forced by law to carry a non-viable fetus to term. This decision should be between her, her partner, and her doctor. Make the call.

Congress’ switchboard number is (202) 224-3121. Don’t be like the guy in the White House when you can see action is needed.

Three Things: So Many Questions, September Edition

It’s been a little busy in my neck of the woods, trying to tackle a long accumulation of honey-dos. But questions piled up, needing answers, so much so that I had to take time out to put bits and pixels to digital paper. Let’s begin, shall we?

~ 3 ~
PUERTO RICO POST-MARIA

Where the hell is the USNS Comfort, dispatched in 2010 to help after Haiti’s earthquake, and why isn’t it docked in San Juan, Puerto Rico, right the fuck now?

Why did we send 24,000 military personnel to help Japan after the 2011 earthquake but can’t muster them for a U.S. territory with a former navy facility and an active facility at Fort Garrison in San Juan?

Is Trump deliberately ignoring Hillary Clinton’s plea to send the USNS Comfort to PR because — well, it’s Hillary? (Yeah. Check that link. Even Fox News noted Hillary’s request.)

Has Trump deliberately ignored Puerto Rico’s urgent plight out of personal pique over the bankruptcy and losses from a Trump-branded, Trump-managed golf course located in Rio Grande, PR? He was trying to prop it up on Twitter back in 2013.

Are Trump’s tweets complaining about Puerto Rico’s debt yet more projection, since the failed golf course was built with government-issued bonds?

Why did the Senate approve as FEMA director — who only left to tour the island FIVE GODDAMNED DAYS AFTER MARIA MADE LANDFALL — the man who was the Hurricane Program Manager for FEMA under the Bush administration during Hurricane Katrina?

This, from The New York Times:

The head of the Federal Emergency Management Agency, Brock Long, has received widespread praise for his handling of the federal response to Hurricane Harvey, the first major natural disaster faced by the Trump administration.

Somebody get me a concrete citation of a real accomplishment attached to some of this “widespread praise” for anything besides being “a calming presence in press briefings.” Has the bar slipped this low that calmly stringing together cogent sentences is worthy of accolades? Can the NYT stop fluffing Trump and his band of co-conspirators?

Because right now American citizens are suffering and likely dying as a result of this administration’s gross ineptitude and negligence, if not outright malignance.

Now Trump says he’s going to Puerto Rico next Tuesday. That’s TWO WEEKS after the storm. Can’t disrupt his golf game over last or the next weekend, don’t you know. What I particularly despise about Trump’s response to this crisis is that he makes this guy’s fly-by two days after Katrina look so much better.

Call your members of Congress and demand action. Yeah, that’s not a question. Suck it up; you’ve got electricity, communications, and access to clean water if you’re reading this. Millions of your fellow Americans in Puerto Rico don’t. Let’s fix this.

~ 2 ~
GRAHAM-CASSIDY-HELLER-JOHNSON NOT-A-HEALTH-CARE BILL

Have you called your senator and asked them to vote NO on the debacle Sen. Bill Cassidy can’t explain and over which Sen. Lindsey Graham is ruining any cred as a rational human being, while disabled health care activists recover from being hauled away by capitol police yesterday before the Senate Finance Committee’s hearing on the bill?

Have you documented and shared publicly your senators’ position on Graham-Cassidy, especially if they are up for re-election in 2018?

The number is (202) 224-3121 if you don’t have it memorized already.

Need a script to make it easier? Here you go.

As wretchedly bad as this obscene joke of a bill is, I can’t help wonder if GOP members of Congress and their staff are gaming this. Have they been working on something even worse than previous attempts at ACA repeal just to game the stock market and make a few bucks on the backs of worried citizens?

[graphic: Health Insurance stock chart, via Google Finance]

For grins you should look at Aetna’s chart for last Friday and note the jump it took when Sen. McCain expressed his reluctance to support Graham-Cassidy. Price jumped about the same time capitol police arrived to arrest protesters. Easy money, that, conveniently ahead of the market’s close.

~ 1 ~
IRAN ~AND~ PUERTO RICO

What question do these two disparate places prompt?

First, Trump tweeted about an Iranian missile launch as if it had ~just~ happened, within 24 hours of a reconstituted travel in which Iran is listed. But the missile launch ~didn’t~ just happen; it took place more than six months ago but was mentioned only this week in Iranian news.

Second, Trump took his fucking sweet time ensuring FEMA went to Puerto Rico; Hurricane Maria made landfall on September 20th, visible to anyone who watched weather networks, NOAA, and NASA reporting.

Is Trump ignoring any and all U.S. intelligence and government experts on matters foreign and domestic, relying instead on some other criteria for responding to events, including cable TV? Should we believe for a second he’s simply and accidentally flooding his source of information?

In the case of Iran’s missile program, it looks more like he deliberately used stale news to defend a new travel ban while making propagandistic false statements to the public. The Supreme Court canceled hearing the travel ban after the travel ban was rejiggered — does this suggest his manipulation of perception worked, not only on the public but on the Supreme Court?

~ 0 ~
One more time: call your Senators to ask NO on Graham-Cassidy and get their position on the record. Call your members of Congress to ask for urgent response and funding for aid to Puerto Rico. The number is (202) 224-3121. Put it on speed dial.

Viajar bien, mis amigos y amigas.