March 28, 2023
MY CORNER by Boyd
Cathey
The Zealous Efforts to
“Get Trump” Continue Unabated
Friends,
Much of the media has been obsessed recently about a putative
legal action which may be brought by New York DA, Alvin Bragg, against
President Donald Trump. The possible decision by a convened grand jury would be an
outrageous and politically-motivated perversion of the American justice system.
In a real and horrifying sense, it would represent a culmination of the
movement in our collective history when the legal and court apparatus of the
nation has been suborned ideologically and made a weaponized arm of one
political party—the party now in power—to suppress, proscribe, and eventually
imprison the titular leader of the other political party and his
supporters
In short, it would represent the replication of one of the
worst and most onerous characteristics of the former Communist regimes in
Eastern Europe. It would be, effectively, the end of the
constitutionally-prescribed separation of powers that has served as a major
component in our “regime of liberty,” so carefully—and tenuously—established by
the Framers.
“A republic, if you can keep it,” Ben Franklin supposedly said
of the new American federation, a federation in which executive, judicial, and
representative powers were balanced, and liberty thus safeguarded. In recent
times, overreach by the Executive and its insidious and increasing control of
the Judiciary, while the Representative branch seems largely
asleep-at-the-switch (or often cooperating) has meant the severe and ineluctable
decline in that fragile balance.
The object of this usurpation and overturning of nearly all constitutional
safeguards has been President Donald J. Trump: to prevent him at all costs from
coming back into office as president, including engineering the final
destruction of what remains of the old American republic to stop him. Trump’s
election in 2016 and the fact that, unlike all other previous presidents for
the last century, he was not part of the Washington DC Deep State “swamp,” that
he was unpredictable, and that he essentially could not be bought off (after
all he was already a millionaire many times over and did not need the money),
meant that the elites of the Managerial State—to use James Burnham’s
terminology—felt profoundly threatened.
Trump threatened not just the multiplicity of domestic
programs and agencies, but, perhaps more importantly, the consensual globalist
foreign policy of the US and its dutiful minions in Europe. The
internationalist hegemony so desired by Washington and Brussels, with its
thuggish assortment of prostituted “allies,” aka, NATO and such groups
as the EU and the World Economic Forum, was, they believed, placed in
peril—even if Trump, himself, was somewhat unaware of the forces he was
unleashing. His return to power must
never be permitted to happen.
Thus, the various frenzied efforts, as Harvard law professor
Alan Dershowitz describes them in a recently published volume, to “Get Trump.”
Trump did not play by their rules, even if as a political neophyte he occasionally
took extremely bad advice, especially in some of his thoroughly awful
appointments (e.g., John Bolton, Nikki Haley, General Jim Mattis, etc.), naming
denizens of the Deep State to his government. Or, tried to unite an
irretrievably split GOP.
A short catalog of attempts to defenestrate him is instructive.
The accompanying venom and hysteria of a Deep State-compliant media (including
Fox News and the Murdoch empire), which has sworn eternal vengeance is much
like the wild, screaming rabble of Madame Dufarge awaiting the next beheading
in Dickens’ A Tale of Two Cities (1859): “We will not rest until we see
Trump’s blood flowing in the streets!” they sneer as they supposedly report the
news. In fact, they project their own scarcely-veiled vile and violent desires upon
him and his supporters. Even formerly rational conservatives, like Carter Wrenn
in North Carolina, who once aided Jesse Helms, have now joined the howling,
irrational Never Trump mob.
Since his election in 2016 Donald Trump has been forced to
confront:
1) Two major and utterly frivolous, politically-inspired
impeachment efforts against him, charging that he was a “Russian agent” of
Vladimir Putin and/or that his election was facilitated by the Russkies; with a
totally bogus Mueller Report, which after millions of taxpayer dollars and the
frenzied work of a dozen high-powered Democratic attorneys, finally came up
with—nothing. “Russiagate” was an immense and costly fraud perpetuated on the
American nation.
2) The creation of a partisan “star-chamber” congressional
January 6 committee, populated by fanatical enemies of the president, zealously
dedicated to shaping a very specific narrative on “the insurrection against our
democracy,” using carefully-edited (mis)quotes and mired in vicious partisan
malice. And then using it not only as an attempt “to get” the president but to unleash a thoroughly politicized and
weaponized FBI (and other intel agencies) to “root out domestic terrorists,”
that is, any Trump supporter who would dare raise alarms about what is
occurring, traditional Catholics, white middle class voters, Southerners and
those who have the misfortune of living in what Jewish author Philip Roth once
called “fly-over” country—basically any traditional American who worked a forty hour week and paid taxes, had a
traditional family, went to church, and lived outside the insane asylum known
as California or the Socialist Republic of New England.
3) The infamous Mar-A-Lago raid, another “Aha!” moment, which
has turned out to be a bust. President Trump supposedly had taken top secret
documents to his home, against the law. The FBI made a highly-publicized,
early-in-the-morning raid, with accompanying media coverage by those Paul
Craig Roberts has appropriately called “presstitutes.” Only to discover that
Trump had already been in negotiations with the National Archives (NARA) about
documents that perhaps needed to be transferred there, and that the president
had, before leaving office, declassified others. Then, the whole issue
collapsed with a colossal thud as hundreds of top secret documents were also found
at Joe Biden’s home (from his tenure as vice-president when he had NO power to
declassify) and in his garage, where the China-compromised Hunter Biden could
have accessed them at any time. Suddenly, the “Mar-A-Lago” assault subsided
from public view; the media seemed to bury any mention of it.
4) And the latest attempt has been the potential New York legal
action, once again moored in hysterical hatred for Trump and his supporters.
And the cast of actors in that unreal travesty makes the most absurd vocalists
in any comic opera by Gilbert & Sullivan look like characters in a Shakespeare
tragedy. One could not possibly dream up such insanity.
First, there is Stormy Daniels who has
claimed that Donald Trump had an affair with her way back in 2006. Trump, then,
supposedly had his former attorney, Michael Cohen, funnel $130,000 to Daniels
to obtain her silence. Yet, in a sworn affidavit from
January 2018, Daniels denied having such an affair, and Trump has consistently and
strongly denied it.
Then, there is attorney Cohen, an
inveterate liar who has been disbarred for malpractice. Although he has conveniently
altered his story since then, on February 8, 2018, Cohen’s attorney Stephen Ryan wrote to the Federal Elections
Commission that: “Neither the Trump Organization nor the Trump campaign
was a party to the transaction with Ms. Clifford [AKA Daniels], and neither
reimbursed Mr. Cohen for the payment directly or indirectly.” Cohen “used his
own personal funds to facilitate a payment of $130,000 to Ms. Stephanie
Clifford,” aka Daniels, to supposedly keep her quiet about the dubious 2006
affair. Yet, six months later he pled guilty to a laundry list of Federal
charges, including supposedly “making an excessive campaign contribution to
Trump… by paying Daniels to keep quiet about her alleged affair….”
Lastly, there
is New York DA Alvin Bragg, a “woke” Democrat George Soros-supported protégé,
whose ideological zeal and venom reveal far more about his “get Trump” motives
than any niceties of legal and judicial procedure. At first Bragg was
“encouraged” by the frenzied Left to prosecute the president whatever the cost,
but more recently some prominent Democrats wonder if such a patently absurd
prosecution might redound to Trump’s advantage. Even stalwart progressives like
Andrew Cuomo have demurred: “I think it’s all politics and
that’s what I think the people of this country are saying. It just feeds that
anger and that cynicism and the partisanship. It’s a coincidence that Bragg
goes after Trump and Tish James goes after Trump and Georgia goes after Trump?
That’s all a coincidence? I think it feeds the cynicism and that’s the cancer
in our body politic right now." And, of course, Cuomo has received fierce
push back from more radical Leftists.
One of the more equanimous and measured analyses of
the potential New York case is by Jonathan Turley, Professor
of Public Interest Law at The George Washington University.
I transcribe it below:
“The moment that we are waiting for, we made it to
the finale together” — those familiar words from “America’s Got Talent”
— could well be the opening line for Manhattan District Attorney Alvin
Bragg next week, when he is expected to unveil an indictment of former
President Trump. With Trump’s reported announcement that
he expects to be arrested on Tuesday, it would be a fitting curtain
raiser for a case that has developed more like a television production
than a criminal prosecution. Indeed, this indictment was repeatedly
rejected only to be brought back by popular demand.
Trump faces serious legal threats in the ongoing
Mar-a-Lago investigation. But the New York case would be easily dismissed
outside of a jurisdiction like New York, where Bragg can count on highly
motivated judges and jurors.
Although it may be politically popular, the case is
legally pathetic. Bragg is struggling to twist state laws to effectively
prosecute a federal case long ago rejected by the Justice Department against
Trump over his supposed payment of “hush money” to former stripper Stormy
Daniels. In 2018 (yes, that is how long this theory has been around),
I wrote how
difficult such a federal case would be under existing election laws. Now, six
years later, the same theory may be shoehorned into a state claim.
It is extremely difficult to
show that paying money to cover up an embarrassing affair was done for election
purposes as opposed to an array of obvious other reasons, from protecting a
celebrity’s reputation to preserving a marriage. That was demonstrated by the failed federal prosecution
of former presidential candidate John Edwards on
a much stronger charge of using campaign funds to cover up an affair.
In
this case, Trump reportedly paid Daniels $130,000 in the fall of 2016 to cut
off or at least reduce any public scandal [which denies, and she denied in
2018]. The Southern District of New York’s U.S. Attorney’s office had no love
lost for Trump, pursuing him and his associates in myriad investigations, but
it ultimately rejected a prosecution based on the election law violations. It
was not alone: The Federal Election
Commission chair also expressed doubts about the theory.
Prosecutors
working under Bragg’s predecessor, Cyrus Vance Jr., also reportedly rejected the viability of
using a New York law to effectively charge a federal offense.
More
importantly, Bragg himself previously expressed doubts about the case,
effectively shutting it down soon after he took office. The two lead
prosecutors, Carey R. Dunne and Mark F. Pomerantz, resigned in
protest.
Pomerantz launched a very public campaign against Bragg’s decision, including
commenting on a still-pending investigation. He made it clear that Trump
was guilty in his
mind,
even though his former office was still undecided and the grand jury
investigation was ongoing.
Pomerantz
then did something that shocked many of us as highly unprofessional and
improper: Over Bragg’s objection that he was undermining any possible
prosecution, Pomerantz published a book detailing the case against
an individual who was not charged, let alone convicted.
He
was, of course, an instant success in the media that have spent years
highlighting a dozen different criminal theories that were never charged
against Trump. Pomerantz followed the time-tested combination for success —
link Trump to any alleged crime and convey absolute certainty of guilt. For
cable TV shows, it was like a heroin hit for an audience in a long agonizing
withdrawal.
And
the campaign worked. Bragg caved, and “America’s Got Trump” apparently will air
after all.
However,
before 12 jurors can vote, Bragg still has to get beyond a series of glaring
problems which could raise serious appellate challenges later.
While
we still do not know the specific state charges in the anticipated indictment,
the most-discussed would fall under Section 175 for falsifying business
records, based on the claim that Trump used legal expenses to conceal the
alleged hush-payments that were supposedly used to violate federal election
laws. While some legal experts have insisted such concealment is clearly a
criminal matter that must be charged, they were conspicuously silent when
Hillary Clinton faced a not-dissimilar campaign-finance allegation.
Last
year, the Federal Election Commission fined the
Clinton campaign for
funding the Steele dossier as a legal expense. The campaign had previously denied
funding the dossier, which was used to push false Russia collusion claims
against Trump in 2016, and it buried the funding in the campaign’s legal
budget. Yet, there was no hue and cry for this type of prosecution in
Washington or New York.
A
Section 175 charge would normally be a misdemeanor. The only way to convert it
into a Class E felony requires a showing that the “intent
to defraud includes an intent to commit another crime or to aid or conceal the
commission thereof.” That other crime would appear to be the federal election
violations which the Justice Department previously declined to charge.
The
linkage to a federal offense is critical for another reason: Bragg’s office ran
out of time to prosecute this as a misdemeanor years ago; the statute of
limitations is two years. Even if he shows this is a viable felony charge, the
longer five-year limitation could be hard to establish.
Of
course, none of these legalistic problems will be relevant in the coming
frenzy. It will be a case that is nothing if not entertaining, one to which you
can bring your popcorn — so long as you leave your principles behind.
Indeed,
some will view it as poetic justice for this former reality-TV host to be tried
like a televised talent show. However, the damage to the legal system is
immense whenever political pressure overwhelms prosecutorial judgment. The
criminal justice system can be a terrible weapon when used for political
purposes, an all-too-familiar spectacle in countries where political foes can
be targeted by the party in power.
…we
seem to be on the verge of watching a prosecution by plebiscite in this case.
The season opener of “America’s Got Trump” might be a guaranteed hit with its
New York audience — but it should be a flop as a prosecution.
This is what the American nation and its political and justice
systems, so hopefully established in Philadelphia in 1787, have devolved into.
We are one short step away from full totalitarianism.
The remedy does not lie in what Neoconservative Piers
Morgan glowingly prescribed after a recent, blatantly soft-ball
“interview” with Ron DeSantis on Fox News. To the fulsome applause of Neocon
Brian Kilmeade, Morgan pronounced that DeSantis was “very organized…doesn’t
like drama, likes things planned out.” In other words, the Florida governor
would be the path back to GOP “normalcy”…and Karl Rove and the Bushies back in
the White House. As for Trump, Morgan despectively derided him: he “thrives on
chaos and drama and unpredictability, and being spontaneous and outrageous.”
Exactly! That’s the very thing that scares the dickens
out of the frantic Left and the establishment Republican elites, all part of
the Uniparty Deep State globalist swamp. And that is why the traditionalist
populist MAGA voters elected Trump 2016: because the only way to stage any kind
of counter-revolution against the rot in today’s broken America is to be
spontaneous, uncontrolled, occasionally outrageous, and willing to say and do
things that your father’s GOP honchos would never say or do.
That brings the filthy swamp denizens out of their fetid lairs
and forces them to lower their masks of respectability. And what is revealed
are faces of sheer satanic evil. A return to “normalcy” is a course which leads
to continued perversion and destruction. Trump sends the Left shrieking in
horror and may well provoke a real and final battle for our decaying republic.
It may be our last opportunity.
Can we afford another “normal” presidency while Evil grows
impregnable?