New MAGA vs. Old USSR: Bring America to her
knees
(Who and what is driving the agenda)
“This Is the Saturday Night Massacre. It’s
Just Happening in Slow Motion.”
With the
firing of Attorney General Jeff Sessions, America is in [new] uncharted
territory. The last time a president made a personnel change to undermine an
investigation of his associates, Congress forced him to resign. That was when
President Richard Nixon pushed out his attorney general and deputy attorney
general so he could fire the special prosecutor.
President Trump has launched a piecemeal Saturday Night Massacre of his own. He first fired FBI Director James Comey last year for his handling of the Russia probe, then he fired the Jeff Sessions the AG for failing to protect him from the Russia probe. His intent to undermine an investigation of his campaign has been clear throughout — he barely tries to hide it — but the difference this time is that he has acted with impunity. What comes next could be anything.
President Trump has launched a piecemeal Saturday Night Massacre of his own. He first fired FBI Director James Comey last year for his handling of the Russia probe, then he fired the Jeff Sessions the AG for failing to protect him from the Russia probe. His intent to undermine an investigation of his campaign has been clear throughout — he barely tries to hide it — but the difference this time is that he has acted with impunity. What comes next could be anything.
Uncharted
territory is the last place a conscientious government official wants to be and
the first place an unscrupulous one wants to go. Forty-five years ago, the leaders
of the Department of Justice found themselves in similar uncharted terrain. An
unscrupulous president was attempting to abuse his authority to undermine a
special counsel investigation of individuals associated with his campaign for
reelection.
S/C Archibald
Cox had demanded President Richard Nixon’s tapes of White House deliberations.
Nixon responded by negotiating a compromise with AG Elliott Richardson that
would have allowed him to withhold the tapes, summarize the contents of some of
them, and let a third party verify his summary.
Cox rejected the compromise, so Nixon ordered Richardson to fire him.
Had Richardson been unscrupulous, he could have asked the DOJ’s OLC for an outcome-driven opinion justifying the politically motivated personnel change.
Cox rejected the compromise, so Nixon ordered Richardson to fire him.
Had Richardson been unscrupulous, he could have asked the DOJ’s OLC for an outcome-driven opinion justifying the politically motivated personnel change.
At that time, a LBJ-era EO on ethics
was still on the books. Its first section declared: “Where government is based on the
consent of the governed, every citizen is entitled to have complete confidence
in the integrity of his government. Each
individual officer, employee, or adviser of government must help to earn and
must honor that trust by his own integrity and conduct in all official
actions.”
Few could dispute the virtue of this executive order, but ideas about its real-world application may have varied.
Few could dispute the virtue of this executive order, but ideas about its real-world application may have varied.
The
executive order did not say that each officer, employee, or adviser should
blindly comply with a corrupt presidential order [much
of what we see now].
Instead, its
ethical mandate reflected the constitutional structure of a government that
places the rule of law above the president. The current framework for ethics in
the executive branch similarly demands loyalty to the Constitution, laws, and a
set of 14 ethical principles rather than slavish obedience to the president’s
every whim.
Richardson recognized that he could not both fulfill
his ethical mandate and comply with Nixon’s order. Instead, he resigned in
protest. His deputy, William Ruckelshaus, also ended his tenure at the DOJ by
refusing to carry out the order that would ultimately end the Nixon presidency.
What prevailed that day was an abiding loyalty to something bigger than a president.
What prevailed that day was an abiding loyalty to something bigger than a president.
Now, we again find ourselves charting new territory. The argument that Comey’s firing might not be a catastrophe for democracy was that we now had Robert Mueller in the role of special counsel.
The argument
that Sessions’ firing might not be a catastrophe for democracy is that
Mueller’s investigation may yet overcome any obstacles and reach its natural
conclusion. Maybe, maybe not. But whatever the
outcome of Mueller’s investigation, America is establishing new precedents:
One precedent is that President Trump fired the FBI director — and Congress did nothing.
One precedent is that President Trump fired the FBI director — and Congress did nothing.
A second precedent is that Trump admitted the FBI’s
investigation of his campaign motivated the firing — and again Congress did
nothing.
A third precedent is that Trump fired the AG after having railed against him publicly for refusing to intervene in the investigation — and again Congress has done nothing.
A fourth precedent is that Trump circumvented the DOJ’s order of succession so he could replace the AG with an individual who has directed partisan attacks at the special counsel, has described publicly how a new attorney general could undermine the investigation, has had a personal and political relationship with an individual involved in the investigation, and has been associated with a company that is the focus of a separate FBI investigation – that is Matt Whitaker now interim or acting AG.
We’ll see
what a new Congress does about that when it is sworn in this January, but
options may be limited unless the Senate’s leadership has a change of heart.
Summary of the article:
Even if the
appointment of Whitaker were to be invalidated, Trump would still be guilty of
having fired the nation’s top two law enforcement officials in an effort to
obstruct the investigation of his campaign.
If members
of Congress or the American people fail to act, these precedents will become
the guideposts for future presidents who follow the path President Trump is
blazing.
A new tenet
of American democracy will become that a president is permitted to evade
investigation by firing the heads of agencies that investigate the president’s
close associates, even when the investigation is the reason for the firings.
This cannot stand.
Putting a
president above the rule of law is a threat to democracy.
That my
friends is a worried look
(And
rightly so)
Related story here (The Daily Beast) on
Trump tactics to date get rid of Mueller and more of what may be coming – stay
tuned in the regard.
My 2
cents:
This all would set us up
to have tyrant or dictator in the Oval Office with heavily armed supporters who
believe every word he says just like Trump does now that which that heavily-armed
base who believes that the 2nd Amendment is only law that applies to
and for them, and who stand ready to launch Civil War II – believe it.
Two Notes: The entire article is here (from Slate via MSN) w/o my inserts or editing and such designed to fit the blog. It is truly worth reading.
Also, here is more on the author, Walter Shaub here (NY TIMES).
Thanks to him for his honorable government service and this fine article – a keeper for sure.
As always, thank you for stopping by.
Two Notes: The entire article is here (from Slate via MSN) w/o my inserts or editing and such designed to fit the blog. It is truly worth reading.
Also, here is more on the author, Walter Shaub here (NY TIMES).
Thanks to him for his honorable government service and this fine article – a keeper for sure.
As always, thank you for stopping by.
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