Outrageous lies from Trump

We are getting close to the end. Polls show no clear winner. My last post showed how Trump was demonizing immigrants, even Haitians who are here legally, and live in Springfield, Ohio. The evidence is that the crime rate among illegal immigrants, is less than legal residents.

Harris will raise your taxes – FALSE

The latest lie is a campaign video ad showing a clip where Harris says she wants to raise taxes in general. But critical words were cleverly deleted from the start and end of the statement as:

estate taxes are gonna have to go up for the richest Americans.”

becomes “taxes are gonna have to go up.”

It is an outrageous to doctor up a clip and present it as part of a campaign television ad.

Other supporting statements are also doctored. Thee ad quotes the New York Times, but cuts out critical words. The quote “Harris is seeking to significantly raise taxes on the wealthiest Americans and large corporations.” cuts out the words in bold.

The ad cites the Tax Foundation, a right-leaning think tank, as the basis for a narrator’s claim that “Kamala’s plan will raise families’ taxes by nearly $2,600 a year.” This statement is loaded with problems, because the Tax Foundation never came up with this estimate, and second, Harris has not proposed eliminating tax benefits for those making less than $400,000 per year. It is the third lie in the ad.

See link: Fact check: New Trump attack ad deceptively edits out key words from Harris and The New York Times

Another outrageous lie on immigration:

Kamala Harris “let in the 13,099 convicted murderers and opposes all efforts to find them and to remove them.”

It is FALSE. He is using data from official documents, but it is completely mischaracterized. Most of the 13,099 people likely didn’t enter the U.S. in the last three and a half years; the full data goes back 40 years. Many of them are not in immigration detention because they’re in law enforcement custody serving sentences. Not everyone on the nondetained docket entered the U.S. illegally. Legal permanent residents who commit crimes can also end up on the docket. This is explained in the link below.

Link: Politifact

Trump is making a case that his policies would be best for the economy and stop illegal immigration. But, the foundation is mostly built on lies.

Vote for Kamala Harris.

Stay tuned,

Dave

Demonizing Immigrants

Trump is peddling a huge lie, that Kamala Harris was the border czar and allowed everyone to cross the southern border, carrying with them drugs and guns. Seriously! And you have heard the rest. These were people released from mental institutions, or violent criminals, capable of rape and murder. In this blog, we will not touch on pet-eating Haitians.

I am preparing a second blog, just on immigration. It has been in preparation for over a week.

To begin with Kamala Harris was never the border czar. Her mission under Biden was to discuss with Central American countries on how best to keep their citizens from coming to the US illegally. The responsibility for border security was the Department of Homeland Security.

The October 2 Vice Presidential debate was similar to the Trump-Harris debate on immigration. At every turn, JD Vance was blaming immigrants for every problem in the United States, including the high cost of housing and crowding in our schools. So, if we just round up and get rid of immigrants, all our problems suddenly disappear.

JD Vance stated that there was a Federal Reserve report, showing that immigrants were driving up the cost of housing and rents.

“After the debate, Vance’s X account shared a link to remarks by Federal Reserve Governor Michelle Bowman, who said that “the inflow of new immigrants to some geographic areas could result in upward pressure on rents, as additional housing supply may take time to materialize” — though in the same speech, she said immigrants had also helped ease labor shortages.”

Sure. Miami grew by a huge influx of Cuban immigrants. And it helped our prosperity. Bowman was addressing immigrants in general, not illegal immigrants.

Link: https://www.nbcnews.com/business/real-estate/jd-vance-said-immigration-driving-housing-crisis-numbers-say-rcna173595

Many Haitians are living in Springfield, Ohio. They qualified for Temporary Protected Status, because of the current turmoil in Haiti. In their country of Haiti, gangs control much of the country. It is in a state of civil war. Should the country stabilize, they can lose their protected status from deportation.

Communities like Springfield, OH have not seen a significant increase in either communicable diseases, AIDS or violent crime. But on social media, Vance has claimed there has been a “massive rise” in communicable diseases. At times, he’s specifically singled out increases in HIV and tuberculosis. The county records show that vaccine-preventable diseases, infectious disease cases (without COVID) and sexually transmitted infections in 2023 were all lower than what they were during the Trump administration.

Tuberculosis has not been eliminated in the US. For a population of 138,000, Clark County total infection diseases decreased slightly from 2022 to 2023. Se link:

https://abcnews.go.com/Politics/fact-checking-jd-vances-claims-haitian-migrants-springfield/story?id=113844705

Excellent research work by the CDC will hopefully find a vaccine and affordable treatments for tuberculosis. Just keep Robert Kennedy, Jr. away from the CDC and FDA, his two nemesis.

Now, the US has a real problem with the smuggling of fentanyl into the US. Approximately 90% comes through Mexico, through legal ports of entry. Building a wall, to completely seal off the US, will not stop this trafficking. The smugglers are people who can pass easily through the US-Mexican checkpoints. The article below is excellent as to the participation of ordinary American citizens in the border smuggling.

Link: https://www.npr.org/2023/08/09/1191638114/fentanyl-smuggling-migrants-mexico-border-drugs

The US Drug Enforcement Agency has been able to catch both the drug smugglers and their network of drug distributors/sellers.

Oct 3, Fourteen indicted in multi-state drug trafficking conspiracy linked to deadly fentanyl distributed to members of the Lummi Nation

The Lummi Nation is the name of an Indian reservation.

Oct 2, 68 Defendants Charged in Indictment of Dozens of Members and Associates of San Fernando Valley White Supremacist Gang

This was a major bust. Kudos to the DEA and the Department of Justice.

The 2024 immigration bill would have funded better detection of fentanyl in suspected vehicles at legal ports of entry. Donald Trump was instrumental in killing this bill.

Final comments

I do not support illegal immigration. Neither does Kamala Harris. She wants more money to control the border and expediate amnesty petitions, many of which will be rejected. She will push through and sign the 2024 immigration bill as president.

Trump likes to demonize immigrants, including the Haitians living legally in Springfield, Ohio. They are his scapegoats for real problems. They are not rapist and murderers. They are here legally. His attack on immigrants as spreading diseases is baseless, and only fuels racial and ethnic hatred. We don’t need this.

We don’t need Robert Kennedy, Jr. who is relishes the spotlight to expound conspiracy theories, and is now part of Trump’s supporters.

I am a son of an immigrant. I am married to an immigrant. I am very tired of all the attacks on our immigrant population.

Vote for Kamala Harris.

Stay tuned,

Dave

Appeasement

Russia would love to see Donald Trump win the election. He would appease Russia by giving them part of Ukraine, that they currently occupy. From there, Russian troops would pour into Kyiv and Trump would do nothing.

For anyone who is undecided who to vote for- the choice should be clear after Trump’s statement to appease Putin.

Per AP news story:

Former President Donald Trump described Ukraine in bleak and mournful terms Wednesday, referring to its people as “dead” and the country itself as “demolished,” and further raising questions about how much the former president would be willing if elected again to concede in a negotiation over the country’s future.

The Ukrainian people are not dead and the country is not demolished. Russia has done its best to conquer the country, and Ukrainians have fought and given their lives so they can live in a free country. Ukraine is an independent country with internationally recognized borders. Donald Trump does not appreciate the need to contain Russian aggression. He wants to appease Putin.

AP News Story: Trump says Ukraine is ‘demolished’ and dismisses its defense against Russia’s invasion

If there is any lesson to be learned from World War II, it is that appeasement does not work. Russia controls Belarus and Chechnya. The leaders of these countries report to the Kremlin.

Since the invasion on February 24, 2022, Russia thought it could send its tanks from Belarus, to Kyiv, but the Ukrainians proved them wrong. From the outset, the US pledged military support in terms of weapons but not soldiers. Biden had it right when he said that once there were Americans and Russians on the same battlefield, you have the beginnings of a world war.

Trump has lied repeatedly about VP Harris meeting with Putin before the war started. It never happened.

Link: Trump falsely claims Harris met with Putin before Ukraine invasion

CNN Facts First: Trump’s claim is false. Harris has never met with Putin. In reality, she met with US allies, including Ukrainian President Volodymyr Zelensky, at the Munich Security Conference in the days before Russia’s February 2022 invasion of Ukraine. Putin was not at the conference.

The US position prior to the invasion was to maintain full alignment with partners and send a clear message to Russia that the US prefers diplomacy but is ready in case of Russian aggression, according to CNN. This is why Harris was in Munich.

And just as I completed this post, General McChrystal endorsed Kamala Harris. He wrote:

Character will dictate whether we stand by our NATO allies and against Vladimir Putin’s continued aggression. Character will dictate whether we have a commander in chief who honors and respects the men and women who serve in uniform.

And later he writes, Harris has the right character to be commander in chief.

Ms. Harris has the strength, the temperament and, importantly, the values to serve as commander in chief. When she sits down with world leaders like President Volodymyr Zelensky of Ukraine, representing the United States on the global stage, I have no doubt that she is working in our national interest, not her own.

General McChrystal service to our country spans decades in many conflicts. His bio is provided below.

General McChrystal

Trump has always threatened to pull out of NATO. Per The Atlanta, “But during Trump’s time in office, the withdrawal never happened. That was because there was someone there to talk him out of it. Bolton says he did it; Jim Mattis, John Kelly, Rex Tillerson, Mike Pompeo and even Mike Pence are thought to have done so too. (The Atlanta, issue January/February 2024)

James Mattis, the Secretary of Defense under Trump, said it best, “He is more dangerous than anyone could ever imagine.”

National Security Advisor H.H. McMasters under Trump stated, “President Trump and other officials have repeatedly compromised our principles in pursuit of partisan advantage and personal gain.”

Harris will work with our allies and see that Putin never takes Ukraine. The Ukrainians are paying the ultimate price, defending the country with their lives. Trump will leave Ukraine defenseless to satisfy Putin.

On November 5, tell Trump that Ukraine lives. It doesn’t matter how much damage Russia inflicts on Ukraine. They will not surrender to tyranny. And we should not either.

Stay tuned,

Dave

Debate on September 10, between Harris and Trump

The debate will begin at 9 p.m. ET on Tuesday, Sept. 10. It is a very close race. Seven states are toss-ups as follows: WI, MI, PA, NC.GA, NV and AZ.

The debate prepping is beginning. They are preparing zingers.

The one I particularly like: Kamala Harris has a resume, Donald Trump has a rap sheet. (Rep Crockett, DNC Convention)

Hard adjectives: Trump’s favorite words are disgraceful, disastrous, despicable. Add “truly” or a sentence beginning with “I could believe how … ” Also Incompetence and low IQ. I don’t think he will go for crazy Kamala, but will refer to her as an ultra-left radical.

The Big They Conspiracy Argument: “Lock Them Up” (JD Vance)

(JD Vance) He [Trump] traded everything he had for unjust persecution, for slander and scorn from the fake news, all for this country, for you and me. They couldn’t beat him politically, so they tried to bankrupt him. They failed at that, so they tried to impeach him. They failed at that, so they tried to put him in prison. They even tried to kill him

Will Trump go this far as to blame the assassination attempt on the government? I think he will suggest that for reasons unknown, the normal security procedures on that day were absent, putting his life endanger. The conspiracy folks can take it from there.

Trump is generally favored over Harris on doing a good job with the economy and immigration. So, I expect, as usual, the problem will be greatly exaggerated, the past efforts dismissed so only Trump can solve it. That’s par for the course.

(JD Vance) You cannot let in 20 million illegal aliens to compete with Americans for scarce housing and then raise interest rates, which is exactly what Kamala Harris has done. As America’s border czar, Kamala Harris unleashed the worst border crisis in American history.

Harris was never the “border czar” and the 20 million immigrants number is highly exaggerated, as it includes people caught and sent back, and those from Afghanistan and Ukraine who applied for asylum.

Whatever the subject, particularly with respect for law and order, drug epidemic and the economy, it will come back to a flood of immigrants ruining our country. Trump and Vance will be playing the race card against Harris. At rallies, he calls her crazy Kamala, ultra left wing socialist. Here is a bit of Trump’s rants:

The suburbs will be overrun with violent crime and savage foreign gangs. That’s what they’re doing. They’re sending all their gangs into the United States, right?

I believe he will proclaim his innocence in the legal cases, and just something that the ultra-liberals in New York did to him in an act of desperation. It was truly despicable. Another words, play the victim of the legal system. With criminal convictions in New York City and indictments in Washington D.C. (January 6 election interference case), Florida (classified documents, case dismissed but this decision is under appeal), Georgia (Conspiracy election obstruction), this claim that Trump is a victim of “radical Democrats” gets old.

Who is best for the economy?

I find Goldman Sach’s analysis very compelling, which says Harris has the best plan for the economy.

https://www.editorji.com/business-news/kamala-harris-vs-donald-trump-who-will-be-better-for-the-us-economy-goldman-sachs-take-1725540999347

It’s all pretty nuanced, not really easy for the “zinger fest” tomorrow. Deficit hawks have a difficult time choosing between Trump and Harris. The legislature (particularly the House) is supposed to control spending, but Trump found ways to borrow funds from military budget to add more miles to his wall, which was more repair/enhancements than new construction. Trump’s tax cuts added to the deficit. Cutting government income and adding to its expense, results in more debt.

Project 2025

Harris will try to link the Trump campaign to the Heritage Foundation’s Project 2025, because many of the contributors, including JD Vance, work for his campaign. However, Trump has not endorsed the project’s long set of recommendations. So, she might say that Trump will likely raise taxes on the poorest individuals, while cutting them on the top wage earners, as proposed in Project 2025.

Trump will simply reply that Project 2025 is not his plan. Obviously, once elected, things are different.

I like the following from Pete Buttigieg, on debate prep.

https://www.cnn.com/2024/09/08/politics/video/pete-buttigieg-harris-trump-debate-sotu-digvid

Sometimes the Trump zingers can be overwhelming.

The debate will begin at 9 p.m. ET on Tuesday, Sept. 10.

Stay tuned,

Dave

Hunter Biden’s Conviction

Just after posting that the justice system is being attacked by Donald Trump and others Marjorie Taylor Green, Matt Gaetz, Sean Hannity of Fox News, James Comer, Mike Johnson and others, Hunter Biden got convicted. Yes, when there is hard evidence against the defendant, a jury generally finds the person guilty. That’s exactly what the judge tells them to do, to go on what they heard and saw in the courtroom.

I wanted to note what a marked contrast between Trump and all the hot rhetoric of being “100% innocent” and a completely “rigged show trial” to Hunter’s acceptance of the verdict after he was found guilty. He wasn’t going to trash the prosecutor or the courts.

“In a written statement, Hunter Biden said he was disappointed by the outcome but grateful for the support of family and friends.”

I would say this shows some real class. Trump desperately wanted to get in the spot light, once again identifying Joe Biden as the real criminal:

“Trump’s campaign called the verdict “nothing more than a distraction from the real crimes of the Biden Crime Family.” Trump and his allies have pressed unsubstantiated or debunked allegations that Joe Biden acted while vice president to advance his family members’ foreign business interests.”

Others parroted the same line. See link from Politico.

The “Biden Crime Family,” comes from Rep. James Comer and the absurd impeachment inquiry, which totally fell apart, when their chief accuser was arrested for lying to the FBI.

Bottom line for Democrats and Republicans, DOJ and the FBI does not hand out favors, at least with this administration. No one is above the rule of law.

Stay tuned,

Dave

Libertarian Party and their candidate, Chase Oliver

The Libertarian Party candidate for president is Chase Oliver. His views are neither Republicans nor Democrat. In general, the Libertarian philosophy is to reduce government spending, and thus the immediate appeal of everyone paying less taxes. The battle cry of Libertarians is that we spend too much for what we don’t need. The problems of our country can be solved through private enterprise.

The problem comes in almost immediately on policies which would have terrible consequences, here and abroad. They would withdraw all military assistance to Ukraine, and pull out of NATO. Russia would be overjoyed and crush the democratically ruled Ukraine and then quickly send their forces into neighboring countries.

There has been slow progress on reducing emissions of greenhouse emissions, contributing to Climate Change. Economic incentives for new sources of renewable energy is essential, but Libertarians would seek to pull out of the Climate Change accords, and eliminate renewable energy incentives.

The Libertarians view of most problems outside of the US is simply, “It’s not our problem.” This is isolationism. The war in Gaza is now a humanitarian crisis, and Libertarians rigid philosophy would get in the way of finding practical solutions. Israel force the Gaza population living close to their border to flee to the southern area of Rafah. Many in refugee camps are approaching starvation, and Israel has been frustrating food shipments from Egypt. The US army and navy constructed the Trident pier, which will supplement the food shipments, by allowing trucks to pour into Gaza by sea.

I’ll post more on Rafah aid. It is great to see the US be part of the immediate humanitarian needs to the people of Rafah.

Stars and Stripes article, UN resumes transporting aid from US-built pier in Gaza

CBS Reports on Rafah Aid

Donald Trump and Robert Kennedy both wanted to be the candidate for the Libertarian Party. Of course, Donald Trump will be the presidential candidate for the Republican party, but being endorsed by the Libertarian party would be a nice boost to his popularity.

Libertarians oppose all trade tariffs, as they run counter to capitalism and free enterprise. This has been a tool used against both China for unfair trade practices and Russia for their invasion of Ukraine. So, it is easy to see why Libertarians eliminated Trump in the first round of voting.

In sum, the global problems require global solutions. Russian expansion under Putin is one of them. The rise of authoritarian regimes in many parts of the world, including Iran, North Korea, China and Russia need a united global response. And it requires huge funding.

Their Presidential candidate is Chase Oliver, who was affiliated with the Democratic Party until year 2009. Some issues, like gun ownership, is closer to Republican party platform. His pro-choice stance on abortion is more aligned with the Democrats.

Neither Robert Kennedy nor Chase Oliver has ever held elected office. However, Oliver has run for both the US House and Senate seats, and won only about 2% of the vote. Below is a brief biographical summary of Chase Oliver:

Chase Oliver

I have to admit, that I admire the conviction of the Libertarians, for rejecting the well financed candidates, Robert Kennedy and Donald Trump, and going their own way. They had a real convention, with each candidate lobbying for support. Chase Oliver was selected on the seventh round of voting.

I recommend not voting for any candidate who has never held any elected office. Or any candidate that is likely to be convicted of serious criminal offenses. This effectively eliminates Kennedy, Oliver and Trump.

Stay tuned,

Dave

Intelligence Surveillance and FISA 702

The US Congress approved an extension of FISA 702 for a period of two years and it was signed into law on April 20, 2024. What is remarkable about this issue, is that both very notable Republicans and Democrats tried to defeat this bill, in both the House and Senate, and they failed. Trump wanted it either the bill voted down or made much less effective, by requiring warrants. FISA stands for Federal Intelligence Surveillance Act, which was first enacted in 1978 and has been amended multiple times.

I believe the Congress and President Biden made the right decision, but the two year extension is far too short, because the threats from outside the US are not going to be gone in two years. ‘ If Trump is elected, he will not allow the act to renew. See section on Politics at the end.

Details of Section 702 can be found in Department of National Intelligence brochure:

https://www.dni.gov/files/icotr/Section702-Basics-Infographic.pdf

(1) The Centralists verses Right and Left Ideologies.

There was both bipartisan support and against this bill in the House and Senate. Ultimately the bill passed after the extension was shortened to 2 years. This extension is based more on pragmatism than principle. Through provisions in the bill, the intelligence community can conduct electronic communication surveillance, while at the same time, there are some restrictions of what agents can do through the internal approval process.

Attorney General Merrick Garland praised the reauthorization and reiterated how “indispensable” the tool is to the Justice Department.

“This reauthorization of Section 702 gives the U.S. the authority to continue to collect foreign intelligence information about non-U.S. persons located outside the United States, while at the same time codifying important reforms the Justice Department has adopted to ensure the protection of Americans’ privacy and civil liberties,” Garland said in a statement Saturday.

NBC News, Senate passes bill renewing key FISA surveillance power moments after it expires

Intelligence agents have far more liberties to conduct surveillance if the targets are outside of the US. I give George Bush credit for recognizing that after the September 11, 2001 attack, we had to either get a lot smarter and coordinated in our fight against terrorists or live in fear of them. It is a difficult balancing act – giving the intelligence agencies the tools they need, and preserving individual’s civil liberties.

(2) We already have the data- now we can query it

FBI Release: https://www.fbi.gov/news/speeches/director-wrays-remarks-at-the-aba-standing-committee-on-law-and-national-security

See the above link. Per the DNI link:

“Querying information the intelligence community already possesses, which is less intrusive than other investigative techniques, can rule out potential subjects and eliminate the need for further investigation.”

So, the tactic is right for finding the proverbial “needle in the haystack.” Cast a large net, do it quickly and cull out only what appears to be worthy of more follow-up measures. Often times, it is not terrorist threats that are discovered, but money laundering and drug smuggling activities. Cyber crimes will likely be on the rise, and this can be particularly destructive if hackers gain access to vital information.

What the Justice Department is going after, is highly organized and well financed crime, supported by governments and organizations hostile to the US.

(3) Why a pressing need today?

I am very concerned about election interference from China and Russia in the 2024 election. Six swing states* will likely determine our next president. Control of the House and Senate may be determined in the next election. The ads on social media and television need massive funding. See swing state list in Note 1.

Drugs are coming into the US, not carried by illegal immigrants, but smuggled in through trucks, ships and planes. Sometimes it a case of following the money to catch the smugglers.

And terrorist attacks are real, from many parts of the world. ISIS claimed responsibility for the March 22 bombing in a concert hall in Moscow, which killed 130 concertgoers. See Note 2.

(4) Politics

The support and opposition to Section 702 surveillance were bipartisan, which was pretty unusual to see. MAGA Republicans with almost blind allegiance to Donald Trump and the big lie than the election was stolen, like Representatives Andy Biggs, voted against the bill or sought to amend it.

“Prior to passing the bill, the House voted 212-212 on bipartisan amendment proposed by a rare left-right coalition designed to rein in the government’s use of warrantless surveillance of U.S. persons. The tie vote meant the amendment failed. In addition to Biggs, it was championed by Progressive Caucus Chair Pramila Jayapal, D-Wash.; Rep. Jerry Nadler, D-N.Y.; Rep. Zoe Lofgren, D-Calif.; Judiciary Chairman Jim Jordan, R-Ohio; and Davidson.”

NBC News: https://www.nbcnews.com/politics/congress/house-votes-renew-fisa-spying-tool-earlier-republican-revolt-rcna147557

Rep. Matt Gaetz, conservative Republican from Florida, explained how passing a bad bill, could help Donald Trump, because if elected, he would have the opportunity to veto its renewal. “Now President Trump gets an at bat to fix the system that victimized him more than any other American.”

The term “times at bat” comes from baseball, which counts how many times a batter is up against a pitcher.

(5) Trump playing the victim card in the FISA debate

Trump likes to be in control of the narrative. Truth is unimportant, except as a lead in to his lies. Russia did attempt to interfere in the 2016 election, a fact Trump refuses to accept, because it would diminish his winning in a fair election. So, this is why he will never renew the Section 702. He and other politicians might need help from unsavory sources in the future. Democrats included, like Senator Bob Menendez included in these activities. Per the NY Times (see link below):

Mr. McMaster did not offer an explanation of why Mr. Trump appeared to be so deferential to Mr. Putin. But he did say that the president “conflates” three separate issues: whether Russia interfered in the election four years ago, whether that meddling was on Mr. Trump’s behalf, as the intelligence agencies concluded, and whether those efforts affected the outcome.

NY Times, McMaster, Mostly Silent Until Now, Says Trump Is ‘Aiding and Abetting Putin’s Efforts’

FISA surveillance using warrants did play a role in the Russian interference investigation. See note 3.

Summary:

I am glad the bill was passed into law. I wish the FBI and CIA success in finding the drug smugglers, money launderers, and those who collude with foreign agents to affect our elections. Cyber crime with organization expert in hacking can undermine everyone’s security. And perhaps they can early on, identify would be terrorists and begin monitoring them before they can create violence wherever they find an opportunity – like a concert hall.

Be pragmatic! Governments around the world recognize how interconnected our world has become. We should be aware that “what goes around, comes around.” It is a very short distance between a bomb going off in Moscow, or Paris or in any place in the US.

Stay tuned,

Dave

Notes:

(1) Swing states: AZ, GA, MI, NV, PA, WI. Some would include NC.

    (2) The Moscow Attack Showed Terrorism Is Asia’s Problem Now
    Increased geopolitical rivalry is allowing extremist groups to thrive—and threaten everyone.

    (3) FISA warrants did play a role in the Russian interference investigation. A FISA warrant was issued in 2016 on Carter Page, an advisor to the campaign in foreign affairs, to wiretap his calls. A lot of controversy surrounded how easy it was to renew a warrant after the initial 90 days ended. The DOJ determined that the last two renewals were invalid. Section 702 concerns surveillance without warrants, which is legal for communication with foreign nationals.

    The “Get Out of Jail Free” Card

    Trump would like to have this card, but he needs the acceptance of the Supreme Court. We will know around the end of June or perhaps sooner, if they accept or deny his appeal for absolute immunity for actions taken as President.

    The Special Counsel, Jack Smith, has submitted his brief of why Trump’s appeal should be denied. He states that there is no basis for immunity based on the history, text, and structure of the Constitution. Certainly, his supporters would like to see the Supreme Court affirm his appeal, so criminal cases involving January 6 (Georgia case and Federal January 6 case) could just disappear.

    Most legal experts believe that the appeal will be denied. If Trump’s appeal is denied, the Jan 6 trial could begin in July.

    Yet, this immunity case is for a former President. If Trump succeeds in being re-elected, he can claim immunity that he once enjoyed as a sitting President. At the same time, he will install loyalists in the Department of Justice, who will not only dismiss the charges against him, but use the DOJ to launch partisan attacks on Democrats including Hunter Biden.

    This is the retribution plan, and it should never be allowed. It is a basic misunderstanding of government, that when a president yells “jump”, the only response is “How high?”. Yes, CEO’s can demand loyalty from their employees, but government, especially the DOJ must operate independently when investigating criminal matters involving other prior politicians.

    So, I believe both the Supreme Court and the electorate must do their jobs to ensure accountability. You can not elect someone with 91 pending criminal charges as head of the executive branch with the obligation to faithfully enforce the laws of our country. One can not pick and choose which laws to obey.

    With absolute immunity, while every law applies to the rest of us, Trump can do what he wants. Seems pretty much like a monarch. Except of course he is no longer president, and the electorate should not return him to power. His next term will be far worse.

    Stay tuned,

    Dave

    Ukraine aid and tougher border security

    “We still need to secure America’s borders before sending another dime overseas,” Republican Sen. Mike Lee of Utah wrote in a post on X.

    Linking a border security bill to Ukraine aid sounded like a good selling point.  Both were popular bills among both parties in Congress. The bill also contained billions of dollars in humanitarian aid to Ukraine and Israel. The Republicans insisted on one bill with both Ukraine aid and border security provisions. 

    A bipartisan committee set at work, to make this happen. It took four months of negotiations between Republicans and Democrats before the final bill was ready.

    All agreed that this bill would make security at the southern border much stronger. The military aid to Ukraine is absolutely essential to defending Ukraine from its invasion from Russia. The Russians are ready for a long war, and we must be part of the support for a free and independent Ukraine. As long as they are willing to fight, and lose their own citizens to defend Ukraine, we must support them.

    Senator Krysten Sinema, from Arizona, summed it so well:

    Finally, it seemed we had the opportunity to solve the nightmare my state has lived for over 40 years,” she said, scolding Republicans for using the border for “campaign photo ops” but rejecting the chance to enact law. “Turns out they want all talk and no action,” she said. “It turns out border security is not a risk to our national security. It’s just a talking point for the election.”

    In particular, it was Donald Trump. It was not going to look good if President Biden signed into law a bill that would toughen the border security, give aid to those suffering in Gaza and help Ukraine to defend its country.

    So, to keep the issue of border security alive during the next 12 months to help Trump win, Republicans are willing to let the crisis continue. The majority leader, Senator Chuck Schumer, argued that Republicans tanked the bill to meet Trump’s demands for “chaos” at the border before the election.

    Do not vote for Trump. Please. The Senators were elected to do what is best for the country. The Democrats voted for tougher border security, and it is the Republicans who are simply playing political games. I exclude from this group of Republicans, just 4 great Senators, James Lankford, OK, Susan Collins, MA, Lisa Markowski, AK, and Mitt Romney, UT. 

    Stay tuned,

    Dave

    Trump’s legal woes: The scheduling is clarified, sort of

    The art of a deal, is in true form. It is the art of delaying the start of four criminal trials until after the elections in November. If this were a game of bowling, four cases delayed to after the election would count as a strike.

    The Jan 6 federal case start date of March 4 has been postponed indefinitely. The immunity case is in the Appellate court and Fischer is in the Supreme Court. The Fischer case is not directly tied to Trump’s court case, but the application of the Sarbanes-Oxley law, is the basis of two of the four counts against Trump. I expect these impediments will be gone before the end of the Supreme Court term in July.  

    This clears the schedule for the Hush Money case to begin on March 20, 2024, so that pretty much fills up April. I don’t think Trump’s team can delay this one. So, one of the four pins are still standing.

    So, all eyes turn to the Classified Documents case, to be held in Ft. Pierce, FL as the logical successor, with a start date of May 20, 2024. The charges are 31 counts of willful retention of national defense information. 

    On February 2, 2024, the DOJ filed a 67-page brief stating that they had fully complied with discovery in the documents case. The first reporting of the DOJ filing is on Feb 2 at 10:30 pm by NBC news. The brief begins:

    “The defendants have received substantial, timely, and thorough discovery in this case. By early September 2023, the Government had provided the defendants with over 1.28 million pages of unclassified discovery and all of the CCTV footage obtained in the investigation; since then, the Government has supplemented its production as necessary. This production not only complies with the Government’s constitutional and rule-based discovery obligations; it goes far beyond. The Government recognizes its discovery obligations, has complied with them, and will continue to do so. The defendants have nevertheless filed a lengthy motion to compel in which they seek abstract rulings on the scope of the prosecution team and various directives that the Government provide them with a range of additional material.”

    Obvious, Trump’s team wants this case to start after the election. Can Trump’s team finagle delays in this case? Yes, if Judge Cannon makes a ruling in favor of Trump on discovery issues, then DOJ will appeal to the 11th Circuit. But it is abundantly clear from the brief, that Trump’s team has really opened the barn door on what could be relevant in this trial, including “selective prosecution.”  Discussion begins on page 37 of brief. 

    “Defendants might suggest to the jury that they should be acquitted based on a theory of selective prosecution, that would plainly be inappropriate.”

    Can Trump’s team finagle delays in this case? Yes, if Judge Cannon makes a ruling in favor of Trump on discovery issues, then DOJ appeals to the 11th Circuit. 

    See link: Prosecutors hit back at Trump’s accusations of political bias in classified documents case

    Judge Aileen Cannon has scheduled a hearing date of March 1, 2024 to review the start date of May 20, 2024. The Republican Party Convention would be July 15 -18, 2024. I am certain she doesn’t look forward in scheduling a trial as Trump is completing the primary campaign. 

    Selective prosecution is not a defense in the courtroom, but is one to add to House Republican’s attack on Biden with impeachment, Rep. Jim Jordan’s committee investigating the weaponization of government, and the radical MAGA Republicans. Any trial, in any courtroom from now until election day, will be blamed on President Biden.

    If Trump is elected, there will be no Special Counsel, and no prosecution of Trump for the January 6 attack or the Classified Document’s case. He can avoid the Georgia conspiracy trial, because he is the sitting president. So, now as an ex-president, he likely will lose the claim of immunity, but once president, he will not stand trial in Georgia. 

    I said the scheduling has been clarified, as it looks like the Hush Money goes first. What should follow is any one of the remaining 3 cases. 

    The Special Counsel’s brief asking Judge Cannon to reject the need for additional documents sought by Trump’s legal team is given below. I believe Trump lawyers may file a reply brief. I fear Trump’s lawyers are winning at the delay game.

    Stay tuned,

    Dave

    More plots and subplots to Trump’s legal woes

    The Georgia case is all about election interference. It was messy at the start, with so many defendants. Chances of success seemed to improve as four defendants decided to accept plea bargains and testify for the the prosecution.   It just got worse with the accusation that District Attorney Fani Willis had a romantic relationship with Nathan Wade, a private lawyer who has received over $600,000 in preparation for this case.  The Republican controlled Senate could not be more pleased to attack Willis, and on Friday approved a special committee to investigate Willis. See links:

    Politico: A Reality Check on the Fani Willis Scandal, Is Trump’s Georgia prosecution about to get derailed?

    Fox News: Georgia Senate approves special committee to investigate Fani Willis misconduct allegations

    Will this be a fair investigation? Oh please, this is an election year, and there’s nothing more the senators would like to do is get rid of DA Willis. You can expect a very aggressive response as she has done in the past when legislators try to interfere with judicial proceedings. Impeachments are political processes, and normal rules of admissible evidence are gone. The charge of an affair is made by Nathan Wade’s wife in a divorce proceeding.

    —-

    Next subplot arose when Smartmatic, a vendor of voting systems, filed a lawsuit against One American News (OAN), for defamation. In April 2023, Dominion settled their defamation case with Fox News for $787 million dollars. Dominion has helped Smartmatic with their lawsuit, by handing over thousands of pages of documents. In support of discovery against OAN, Smartmatic claimed in a filing that OAN Pro-Trump network OAN execs may have ‘engaged in criminal activities’ while promoting 2020 election lies. It is too early to tell if there is any real substance to this claim. See link below:

    CNN: Pro-Trump network OAN execs may have ‘engaged in criminal activities’ while promoting 2020 election lies

    I note that Smartmatic is suing Fox for 2.7 billion dollars, for defamation. I’m not sure how much they’ll try to sue for against OAN. OAN has stated that these allegations are baseless.

    ___

    Legal experts expect Trump’s business fraud case to conclude this week. The judge has already concluded that the overvaluations of Trump’s properties constituted fraud, so the trial was to determine the penalty. It is going to be more than 370 million dollars. It was speculated by Bloomberg, that following this court decision, the IRS will likely be looking at the evidence in the case, for tax fraud issues. We shall see.

    The presidential immunity case is in the Appellate court and a opinion could be issued any day. Trump’s lawyers see this as a chance to push back the Jan 6 federal case, beyond March, 2024. Most legal experts suggest the case will have to be re-scheduled. Legal experts also suggest that if Trump loses and appeals this case to the Supreme Court, they might not take it up. It would help prosecutors keep a trial date before the election.

    The Colorado disqualification case and the Fischer case will be heard by the Supreme Court. I have posted before on the Colorado case, as I believe as a practical matter, Donald Trump should be on the ballot in both the primary and general election as it is vital that the president is elected by the people. However, what seems right and practical is not how the Supreme Court decides issues. The Colorado Supreme Court ruled in favor of taking Trump off the ballot, and the Supreme Court will decide if this judgement was contrary to law. Other states will likely follow Maine’s example and keep the status quo, until the Supreme Court rules.

    The Fischer case will decide if prosecutors went too far in applying a law that was used to convict over 300 rioters of obstructing an official proceeding. It is the same law that prosecutors used in indicting Trump on 2 of the 4 counts of the Jan 6 criminal federal case to be tried in Washington.

    Scotus Blog: Court to weigh in on scope of law used in Jan. 6 prosecutions

    A lot will be decided soon. A lot will be appealed.

    Stay tuned,

    Dave

    Donald Trump is a Hypocrite on First Amendment Rights

    Donald Trump is angry as he claims the government has taken away his right to speak. It didn’t. A jury in Manhattan court found Trump guilty of libel in a private civil lawsuit on January 26, 2024. Of course, he will appeal the case. The plaintiff, E. Jean Carroll, will not receive anything until all appeals are exhausted. 

    Donald Trump has sued a long list of individuals and organizations for defamation, and has lost just about every case. He knows better than anyone else, how tough it is to win a defamation case. But, he seems to like suing, if for no other reason, as a means of revenge to people who criticize him. Honestly, it seems always to backfire on him!

    “We are going to take a strong look at our country’s libel laws, so that when somebody says something that is false and defamatory about someone, that person will have meaningful recourse in our courts,” Mr. Trump said during a public portion of a cabinet meeting in the White House. (New York Times, January 10, 2018)

    “We want fairness,” the president said. “Can’t say things that are false, knowingly false, and be able to smile as money pours into your bank account. We are going to take a very, very strong look at that, and I think what the American people want to see is fairness.” 

    No legislation was ever proposed.  Any legislation would have been opposed by civil liberties groups. As a plaintiff in these lawsuits, Trump really could not care about civil liberties. It was all about revenge and it failed almost every time.

    Trump sued the internet news site, Buzzfeed for publishing the Steele dossier. Trump sued Fusion GPS for paying for the investigation. Trump also sued Hillary Clinton and many others in 2022, alleging “a malicious conspiracy to disseminate patently false and injurious information about Donald J. Trump and his campaign, all in the hope of destroying his life, his political career, and rigging the 2016 Presidential Election in favor of Hillary Clinton.” All these lawsuits were dismissed. The 2022 lawsuit was dismissed and the Judge awarded nearly one million dollars to all the defendants who had to defend themselves against Trump’s political lawsuit.

    Trump sued the New York Times and the reporters over a 2018 investigation into his finances and taxes that was based in part on confidential tax records. The Times easily won the case because the information of true. Then on January 12, 2024, the Judge ordered Trump to pay the Times and three of its reporters nearly $400,000 to cover their legal costs.

    However, when Trump is sued for the dissemination of false and injurious statements, then he loves the First Amendment. This is why Donald Trump is a hypocrite. You just can’t have it both ways! He lost as a plaintiff attacking the New York Times on January 12, 2024 and then big time loss as Trump was a defendant with a 83.4 million dollar judgement on January 26, 2024.

    If you have information that is true, you have a right to say it, and the forum doesn’t matter. That’s freedom of speech. His fraud case is expected to conclude soon, and it is all about Trump’s dishonesty.

    In March 2024, Trump will be back in court, with the charge will be that he approved payment to Stormy Daniels and Karen McDougall to keep them silent during the 2016 election. He used campaign funds to keep them silent. As the evidence will show, it’s not dirty politics; it is criminal. And it absolutely runs counter to the rights of individuals to speak in public, about what they witnessed and know is true.

    Trump can’t blame the government. He did this to himself.

    I predict Trump will lose again in March 2024. And he will lose this presidential immunity case, now in the Appellate court. Candidate Trump is both incredibly dishonest and a hypocrite.

    Stay tuned,

    Dave 

    PS: Almost forgot to include Trump’s attack on Marvin Ruffman, in 1990, who correctly predicted the downfall of Trump’s eighth wonder of the world, the Taj Mahal in Atlantic City. You can search for this blog. It is a pattern of insults and bullying that goes back decades. 

    Nine Top Officials who will never work for Trump again.

    The top positions in any administration are carefully selected. These key positions include Vice President, National Security Adviser, Attorney General, Secretary of Defense, Secretary of State, Secretary of Homeland Security, White House Chief of Staff and others. In crisis and strategy sessions, these are people “in the room.” Very few of his close associates would work with him again.

    John Bolton, Trump’s National Security Adviser 2018- 2019, who worked in the White House, coordinating with the intelligence agency in formulating policy during crises.

    Trump has this impression that foreign leaders, especially adversaries, hold him in high regard, that he’s got a good relationship with Xi Jinping, Vladimir Putin, Kim Jung Un. In fact, the exact opposite is true. I have been in those rooms with him when he’s met with those leaders, I believe they think he is a laughing fool.” (quoted in Atlantic Journal, Jan/Feb 2024)

    “In a second Trump term, we’d almost certainly withdraw from NATO.” (The Hill)

    Mike Pence, Trump’s Vice President

    Anyone who puts himself over the Constitution should never be president of the United States … President Trump demanded that I choose between him and the Constitution. 

    General James Mattis, Secretary of Defense

    He is more dangerous than anyone could ever imagine.

    John Kelly, Secretary of Homeland Security and White House Chief of Staff

    The depths of his dishonesty is just astonishing to me… He is the most flawed person I have ever met in my life.

    H.R. McMasters, National Security Advisor

    President Trump and other officials repeatedly compromised our principles in pursuit of partisan advantage and personal gain.

    Bill Barr, Attorney General

    He will always put his own interests and gratifying his own ego, ahead of everything else, including the country’s interest.

    Rex Tillerson, Secretary of State

    His understanding of global events, his understanding of global history, his understanding of U.S. history was really very limited.

    Mark Esper, Secretary of Defense

    He puts himself before country. His actions are all about him and not about the country.

    Richard Spencer, Secretary of the Navy

    The President has very little understanding of what it means to be in the military, to fight ethically or to be governed by a uniform set of rules and practices.


    The above quotes are from The Atlantic Journal Jan/Feb 2024, except for the Bolton comment based on an interview on the Hill. Bill Barr told Trump flat out Trump’s claims that he won the election where bullshit, and made a public announcement in December 2020, before leaving office.

    Just as I was getting set to hit the publish button, when Donald Trump said this about his opponent on Truth Social:

    “Nikki “Birdbrain” Haley is very bad for the Republican Party and, indeed, our Country. Her False Statements, Derogatory Comments, and Humiliating Public Loss, is demeaning to True American Patriots. Her anger should be aimed at her Third Rate Political Consultants and, more importantly, Crooked Joe Biden and those that are destroying our Country – NOT THE PEOPLE WHO WILL SAVE IT,”

    Remember that Nikki Haley was appointed by Trump as the US Ambassador to the United Nations, and left on good terms with Trump. ”Trump heaped praise on Haley, declaring she was ‘special to me’ at the Oval Office meeting where her resignation was announced, emphasizing that she was not leaving on bad terms.” (Wikipedia, summarizing a news article)

    And then Trump was in again in true form, in testifying in court on Thursday, where the jury had already concluded that sexually assault did take place (but not rape), in the E. Jean Carroll case. He could not limit himself to restrictions imposed by the judge.

    “Unhinged” seems a very apt description. Self centered and dishonest also come to mind. Finally, Trump is trying to disrupt the ongoing discussion of how to get both Ukraine funding and tougher policies on illegal immigration, which also includes more funding. 

    So Trump chaos is now in Washington, as he is in Manhattan. 

    Stay tuned,

    Dave

    Quick Updates: Presidential Immunity hearing and Business Fraud Case

    In the Appellate Court in Washington, DC, January 9 was an historical moment as Trump lawyer, John Sauer argued that an ex-president had absolute immunity to any criminal acts that occurred during his presidency. The consensus of experts in this area suggested that the hearing did not go well, and the Appellate Court will likely rule against him. Neither Trump nor the Special Prosecutor have advocated the “offramp” option, that is leaving the immunity claim to after the trial. This argument was filed as a amicus (friend of the court) brief.

    I think if oral arguments did anything, it was to close off the offramp. At least I hope so. Thank God for this! Trump will appeal all judgments against him, whether it is this case, the documents case or the Georgia conspiracy case, which will be particularly messy. 

    Lawfare report by Anna Bower: Trump and Smith, Reunited at the DC Circuit

    Superb reporting by Ms. Bower from inside the courtroom, particularly noted for bits of humor sprinkled into a very serious matter. The bottom line is that there is no legal precedent for absolute immunity, and granting Trump’s claim would be a massive increase in presidential power. 

    If the Supreme Court opts to take up this case, the six conservative judges will likely not come to Trump’s rescue, as they are loathed to construct new ex-presidential rights. They openly criticize the liberals on the bench as acting like legislators and expanding rights beyond the plain meaning and historical context of the law. 

    The argument made by Trump’s lawyers is that he maintains immunity, because the House acquitted him of wrongdoing in the January 6 violence. At that time, Mitch McConnell remarked that the House was not clearing him of wrongdoing, as he could still face criminal charges since he was out of office. Now, ironically, his defense is turned around, and the argument is that the House did clear him, so he can’t face criminal charges.

    The Special Counsel, Jack Smith, is probably very focused on the calendar and delay tactics right now. Smith lost in his attempt to skip over the Appellate court, and immediately be heard in the Supreme Court.  Court observers note that it is virtually impossible for the trial to begin on March 4, 2024. 

    __

    Then yesterday January 11, 2024, the business fraud civil case was all abuzz as it was time for closing arguments. A hasty attempt to allow Donald Trump to speak fell through, as there was no agreement to restrain Trump from a return to the campaign rhetoric. Closing arguments are supposed to be directed at the judge, in a last attempt to go easy on Trump and his boys, Donald, Jr. and Eric. Trump’s three lawyers gave a normal summation of the case, arguing that there was no real harm done by the occasional overvaluation.

    The judge finally let Trump have his say, and it is unlikely anything Trump said was within bounds for the case. Trump stated what was out of bounds was the entire case against him. His five minute rant likely will be completely ignored by the judge.

    Link: Donald Trump defies judge, gives courtroom speech on tense final day of New York civil fraud trial

    The state is seeking 370 million dollars. I think they’ll win and Trump will appeal. The judge will submit his written decision near the end of January.

    Then, it will be on to the next, which is E. Jean Carroll defamation lawsuit, Part II, which is centered on defamatory statements Trump made immediately after being found guilty of defamation, scheduled to start January 16. Also, on deck is the Hush Money case, scheduled for March 20. So, note to court reporters, look for extended stay options in Manhattan. 

    Stay tuned,

    Dave

    Presidential Immunity Case and Upcoming Trials

    My prediction : Donald Trump will lose the immunity case now in the Appellate Court. I also believe his lawyers know this. It is a delaying tactic, as Trump will appeal the case to the Supreme Court. And the Jan 6 Election Interference case may be pushed back to past the November elections. It is a real possibility.

    So, does anything the Appellate Court matter if it will end up in the Supreme Court eventually? Perhaps not as I believe the Appellate Court will likely just repeat what the trial court Judge Chutkan already said in her opinion.

    The Supreme Court could hand Trump a major blow, by refusing to hear the case. They could do major damage to Trump by simply not putting the trial on hold while they are considering the case.  This would allow trial to go forward on March 4, and would push back the start of the Hush Money case. 

    The conspiracy case looks like it will begin after the elections. If Trump is elected, he can’t stop either the hush money trial or the Jan 6 conspiracy case because these are municipal and state criminal cases. 

    He will be doing everything he can to get rid of Attorney General Fani Willis in Georgia, and District Attorney Alvin Bragg in Manhattan in these cases.r

    The wheels of justice turn slowly but in the right direction at least for now. It is important that Donald Trump not be re-elected, so the process can be completed. No one gets a free “Get out of jail card.” in this country. Let the courts hear the evidence and decide based on the law and facts of each case.

    Stay tuned,

    Dave