On this date five years ago, in the run-up to the 2016 election, the Washington Post broke the story of the so-called Access Hollywood tape, a video from 2005 in which Donald Trump told television host Billy Bush about his approach to women.
Excuse me, but isn’t it time for the Biden administration to call a spade a spade and get tough with Trump and his ruthless gang of cohorts? Seriously, this crap from Trump will never stop unless someone stops it. If the Democrats are afraid to confront Trump and force people to testify, then what good are they doing for our democracy? This entire situation is infuriating me beyond belief. Diplomacy isn’t working. Do something that reflects courage.
What happened and why is extraordinarily complex. The investigations are unprecedented in the nation's history. It's not hyperbole to say that the fate of democracy depends on them. Are the investigations not working? We already know in broad strokes what Trump did to bludgeon government officials into launching an attempted overthrow of the government. We know the players and much of what they did. And of course, DOJ, the House Select Committee, and the Senate Judiciary Committee know much more, and they aren't close to finishing their work.
Reality check: the House Select Committee is on the verge of forcing key Trump henchmen to testify. They will be threatened with jail if they don't honor subpoenas. It was suggested yesterday that the committee ratchet up the pressure by referring their refusals to testify to DOJ for criminal prosecution.
We all desperately want the perpetrators punished, especially Trump. A former president has never been prosecuted for such crimes. That means extraordinary care is essential in building the cases, not just for legal reasons but to slowly prepare the public for what's ahead. And prepare for what could be a violent response from traitors who call themselves patriots.
Trump, who is now openly obstructing justice, knows that he faces prosecution on several fronts. Those in his corner who want to topple democracy know this. Their window for succeeding, after failing on Jan. 6, is small and closing. What we need is not speed but airtight cases meticulously built, cases that will end with pronouncements of guilt.
Patience is indeed a virtue, especially in this case but being virtuous is made much easier then there is an occasional reward. In this case, open testimony or, if the subpoena is ignored, actual footage of one of the four going to jail would be such a reward.
I read a tweet last night the Jamie Raskin said they would fine them for not complying. Money is nothing to these people because they continue to grift. It does not hurt them in any way. We have to skip the fines and go straight to jail time. Another option could be to freeze their assets but I don’t think that’s a choice under the law.
I'm not sure about the legal intricacies but, if they were to default on payment of a fine a court might be willing to attach assets. I agree completely with your comments on fines; anything that would be arguably reasonable to a court would be paid out of someone's pocket change.
Absolutely. All four should go to jail, but at least taking one of them would make a difference. The longer trump 'n' club escape justice, the more likely things will just dissolve. The insurrectionists will just laugh and move on to their next government overthrow plan.
I'm reminded of when President Ford pardoned President Nixon (1974) as Ford said it was for the good of the country. Then, there was Pres. Bush Sr. pardoning the six principal criminals (Dec. 1992) working for Reagan in the Iran-Contra scandal. Bush Sr. gave a similar excuse for the pardoning's of those six, something like "so that the nation can move forward." It's all so blatant--the higher the level of crime, the less likely the perps will have to do time.
The other thing we have is a president that will not pardon the antics of the subpoena refusers, something they held onto when defying investigations in the Drump administration. Who do they think will be "saving them" during this round of investigations?
Besides being complex, I’m thinking it is also unprecedented. They’re cutting trail as they go. And working with just a half a deck given what the former admin did to the DOJ
Hallelujah Amen!!! The day he was sworn in, President Biden should have cited the Constitution and Federal Law and Mitch McConnel (see further below) and called for the criminal prosecution, conviction and hanging of the WHITE January 6 mob that breached the Capitol, and their leader, Donald Trump. That Biden did not do that, that every Democrat and Republican in Congress did not do that, well, what does that say about how they really feel about the Constitution, democracy, one nation invisible, and the Flag? I can imagine if the mob had been black, the Capitol police would have opened fire.
February 13, 2021:
WASHINGTON (AP) — In his speech Saturday from the Senate floor, Sen. Mitch McConnell delivered a scalding denunciation of Donald Trump, calling him “morally responsible” for the Jan. 6 attack on the U.S. Capitol.
But in his vote on Trump’s impeachment, McConnell said “not guilty” because he said a former president could not face trial in the Senate.
Washington’s most powerful Republican and the Senate’s minority leader used his strongest language to date to excoriate Trump minutes after the Senate acquitted the former president, voting 57-43 to convict him but falling short of the two-thirds majority needed to find him guilty. Seven Republicans voted to convict.
Clearly angry, the Senate’s longest-serving GOP leader said Trump’s actions surrounding the attack on Congress were “a disgraceful, disgraceful dereliction of duty.” He even noted that though Trump is now out of office, he remains subject to the country’s criminal and civil laws.
“He didn’t get away with anything yet,” said McConnell, who turns 79 next Saturday and has led the Senate GOP since 2007.
Article III, Section III of the US Constitution:
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
PUNISHMENT FOR TREASON AS DECIDED BY CONGRESS:
§2381. Treason
Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.
If for no other reason, all those named thus far and those to be named should face this consequence: "shall be incapable of holding any office under the United States."
I think the Biden admin is being meticulous in its pursuit because the Empire of Evil is strongly invested in the Republican party and its constituents. Sort of like Batman vs multiple Gothams at once. They must adhere to the slow plodding arc of truth and justice lest a misstep brings the wrath of Gilgamesh down upon them. Pardon my mixed metaphors, but while I'm at it, has anyone considered that Trump is the Joker?
Agreed. More importantly it is a perilous time to be challenging precedent for convicting one's predecessor. I am impatient as everyone for the perpetrators of a coup to be punished. I will trust the process on this.
One thing to remember. President Biden has only been in Office 8 months.
I don't have any recourse but to trust the process. I just wish the process were quicker (sigh). By the way, where does the Matt Gaetz process stand. That little weasel is so disgusting it's amazing the case already isn't closed. I wonder what kinds of information the group looking into him is uncovering.
Hope, I understand what you're saying, but for Trump telling Bannon, Patel, Meadows, etc. to stonewall the subpoenas and not react to them is seditious, in this case, is it not? I'm not a lawyer, but I would think good legal minds would have a field day with this situation. How can Trump exert executive privilege when he's not even in office? His boneheaded followers buy into it as gospel truth, but I don't believe executive privilege is reality. I think this needs to be explained by someone who understands it. The Joker is a good metaphor but not evil enough. Trump is in a class by himself. I'm sure his niece could come up with some good ones.
Daniel Goldman, one of the prosecutors for the second impeachment, said on MSNBC last night that Trump committed obstruction of justice in plain sight with his call to stonewall the subpoenas. Other well-known legal experts said the same yesterday.
I agree, Dennis. I do hope those turkeys do not pass go or anything else except a kidney stone. They should go immediately to jail for the obligatory 1-year sentence for refusing a subpoena. BTW, I originally wrote Trump as Anti-Christ but thought I might be cursed for doing so.
However I should add that it’s generally not privileged to have a communication where the lawyer suggests a criminal act or promotes a criminal act or advises the client on how to execute a criminal act. I’m not an expert on executive privilege so I’m not sure how that would apply.
He does act a bit like he's inevitable; it will be interesting to see who the Democrats provide as Iron Person. Not going to assume it will be a man, not confident that the current VP is the right person.
I hope so too Hope. I was quoting from Thanos right before Iron Man removed the glove with the Infinity Stones in it. Sorry if that's a spoiler for anyone.
Considering he’s been on the Radar since 2011. Why yes I have.😂 I guess TFG didn’t get the Brief “That success was the best Revenge “. The Gov and The Mafia aren’t really the same.
Over the past few days both Neal Katyal and Glenn Kirshner have emphasized how important it is for the DOJ to actively go after these individuals who attempted to overthrow the government. Last night on The Reid Out, Glenn made a very compelling case. I am beginning to wish he were our AG instead of Garland: https://twitter.com/thereidout/status/1446257831183847428
I am feeling anxious and frustrated also. But I would rather they get it done right than go through what we have been , again.What good is a Constitution, Rule of Law any of it if those who swear an Oath to uphold it Don’t ? There’s a lot of ordinary , everyday hard working Ppl that believe it really does matter .They are called Citizen Voters of The United States of America. Anything worth doing it should be done right. Hang in there.
I couldn't agree more. The longer trump and his cohorts stay free of any charges and continue to agitate the government, the more I question the effectiveness of the current administration and its ability to pursue justice. trump and his felonious cohorts, to include Jarvanka and other family members enriching themselves at the public trough, will simply buy more lawyers to stall the process of justice. Delays and appeals will keep trump (et al) out of jail as he continues to live a life of luxury at mar-a-lago. I'm sure the rest of the world is laughing at us in the U.S. for allowing the trump charade to continue.
They'll have to have courage in order to demonstrate some and Heather's line about the risk to any President of subpoenaed testimony from his CoS is perhaps the most important line in today's letter; fear of disclosure would give almost any one of them a shrinky winky.
If you're a Disney fan, it was used in the animated 101 Dalmatians to describe the impact Cruella had on her henchmen. A chef I used to work with said it was a phrase used when he was growing up.
Typically off subject, here's a bit of the bright side ...:
Great news! President Biden is taking action to restore protections for three priceless national monuments: Bears Ears, Grand Staircase-Escalante and Northeast Canyons and Seamounts.
It is past time for the Biden Administration to reenact the endangered species act for Wolves. Every day they delay while studying the obvious more wolves are massacred by hunters and trappers throughout the upper midwest and West.
BEFORE its another "hunting" season & its too late! Maybe the Bears Ears restoration is a good sign - there are many corrections that need to be made by this administration!
Donald Trump was & is a landlord. That alone was reason enough for my not voting for him. His racism, sexism, misogyny, cheating, flaunting his wealth and White male privilege, and his reverence for organized crime was all icing on the cake of NOPE & Hell No. It hurts my heart every day that people voted for that monster.
PS: Happy Birthday Dr Richardson.
Thank you for this Letter too. Between my 3-hour round trip commute and my full work day, I am practically cross-eyed with tiredness by the time I get home. I only have two hours left to shove food down my throat, get ready for next day, and calm down enough so I can sleep. I can’t sleep after I read/watch the news. You’re Letter is one of the few ways I keep up with political news. It’s been a godsend.
Yes, that alone should have stopped everyone from voting for him. It is very distressing to me that we had a president who spoke like that and people who dismissed it as locker room talk. With some people, evolution has not happened.
There is not a person in this country who can honestly say they are surprised at the disaster that TFG has caused. As his niece, Mary Trump, has said, he has never shown himself to be anything but what he is - a base, ignorant, cruel, narcissist (I'm paraphrasing). For all who counseled "just give him a chance," I say that you were an enabler when you voted for or made excuses for him. I remember when he was evicting the elderly from his father's rental units. He was pond scum then, and he has evolved into a plague. There is no excuse. period.
A lot of the people who voted for him are racist and misogynistic just like he is. A lot of them think nothing of participating in criminal activity of various kinds. Then there are the evangelicals who want a theocracy or at the very least abortion to be banned. For years they have heard tax and spend about Ds and the need to own the liberals. He speaks to all their fears and prejudices. My own family members who live in the midwest post all kinds of dreck and most, if not all of them, have benefitted from government programs. They are poorly educated and live in a milieu in southern Illinois and Indiana where that's all they hear. If they have jobs, they are mostly scut jobs and they are unhealthy. No vaccines of course for at least some of them. I just sigh.
No, that is just typical life of a single woman of middle income sliding into low income because of seriously stagnant wages, increasingly high cost of living & housing, and very limited affordable housing availability in areas near workplace (or anywhere).
Can trump actually invoke "executive privilege" and delay/derail all of this? What happens when his minions refuse to respond to the subpoenas? Can they all escape prosecution? It is now October and these terrorists (which is exactly what they are) are still free to roam the country, spew their vitriol, amass large sums of money to continue their plot of a violent governmental takeover, stonewall the collection of evidence, slap justice in the face, and so on. It simply does not make any sense to me that this drags out ad infinitum. Where the hell is any justice? IMO if these people are not indicted, tried, found guilty, and jailed pretty damn soon, that is the final nail in the democratic coffin.
Short answer, no. "Executive privilege" attaches to the office, not to the man or woman holding it. The only person who can claim executive privilege is the current president, not the former president. Of course, there are those in the cult who believe that the former guy is the 'real' president.
I had read somewhere that a former president could claim executive privilege for the time period he was in office. It doesn’t make sense to me that crimes committed in office would have any protection but what trump and the criminal cabal have gotten away with in the first place doesn’t make sense either!
I recall him saying, “ I could shoot someone on 5th Ave and get away with it.” If this is how our judicial system works, we are as broken as it actually looks. I’m wary of how long it takes justice to prevail. Most days I wonder if justice will prevail. The worst of them are still sitting in Congress.
Is every member of Congress from AZ crazy? Gosar distracts me when he speaks (not that listening to his wild theories is useful) because he reminds me of a bobble head. Also, Trump LOVES this chaos and the division he created. He lives for the attention. Some arrest him. (Manhattan, I’m looking at you.)
Possibly they are, although I have a good friend in CA who feels strongly that Katie Porter is a quality person who works hard for her beliefs and her constituents.
Executive privilege for a former president regarding events, documents and conversations that occurred during his presidency is a very grey area. Some experts say the current president must approve it (perhaps to protect future presidents from harassment). Others say privilege over activities during the presidency survives post presidency. Also the nature of the conversation/activities and the people involved is a factor.
There can be no executive privilege to conceal evidence of criminal activity, (See; Nixon, Richard,) and certainly not when the executive is no longer in power. The "order" from former President whatsisname to former members of his staff to not cooperate with the investigation is meaningless, laughable.
Where was the separation of powers on Jan 6th when members of the executive branch, including and especially the President, vigorously attempted to sabotage the legal, legitimate, constitutionally mandated functions of Congress?
The system of checks and balances is thus shown to be a figment of a "founders" imagination and is only applicable when it is in the interests of the most powerful to so do....and all "good men" do not just look the other way.
At DOJ, civil servants put themselves in harms way to preserve the nation from Republican predations. Just as Alexander Vindman, who after putting his life on the line, put his livelihood on the line to serve our nation. Please think about it. This is no small thing.
I am not surprised that across the nation some Republican officials have done the right thing and stood up to their party leaders. It is shocking that in Congress, although a few Republicans have distanced themselves from Pres. Trump's bad behavior, none have denounced Leader Mitch McConnell's worse tactics. As a Mainer, I gauge the devolution of the GOP by comparing past Sen. Margaret Chase Smith who denounced Sen. Joe McCarthy's tactics with current Sen. Susan Collins who carries Mitch McConnell's water.
When Hannah Arendt wrote of 'the banality of evil' she did not mean that the evil done by Adolph Eichmann
in the Nazi regime was commonplace. She meant how evil is perpetrated by a myriad of people 'just doing their job' in a bureaucracy with no thought to the harm they are doing to the community. We can debate the effect of Republican policies on our populace and planet. There is more than ample evidence to condemn Republican scorched earth procedures which are effectively overturning the Constitution.
Whether or not they have sufficient evidence to do so now, the real question in my mind is do they have sufficient backbone to do so. I’ve not seen any x-rays, but I have my doubts.
I’ve always felt the common characteristic of many of the insurrectionists is different than what you cite. I think what binds so many to the former is something I see often in children that typically are aggressive when they “lose”. When living in a social order where anything from playing a board game fairly to making a decision to run for public office or agreeing as a citizen to participate in fair and free elections is totally dependent on the assumed characteristic that must prevail in the players….that of being able to win and being able to lose. Fairness is based on rules to follow and accepting the outcome of those rules. I believe it is the outstanding failing of the former president and cause of all that followed his loss and some of the rhetoric laid before the election. “If I lose, it is because the other side cheated.”
Worse than winning is not being able to lose. It cancels fairness.
Every person present on January 6th, even if there as a voyeur, had some part of their thinking wired to believe that the former president did not lose.
That is the danger to our democracy. I’ve examined that characteristic in myself and studied where it is that we learn to be OK with losing, because it’s not often a pleasant feeling. I’ve worked with children in public education for decades and will testify, based on my experience, that teaching children this concept was much “easier” in earlier decades than in the decades of the new century. And that coping mechanisms instilled in children through play are much more likely to reflect that “losing is not an option”.
Tricky. And as it turns out, quite dangerous. It’s not child’s play.
My grandson made a comment to me the other day about not asking for something because he might seem selfish. He wanted to be driven to school early to hang out with his friends before class. As an aside, thank goodness he just got his drivers license and will be able to drive himself.
I told him he should always ask for something he wants or try for something he wants because otherwise the answer is definitely a No. if he’s already willing to accept that No answer then it’s not going to hurt to go for the Yes.
This has been my lifelong philosophy about everything. The same goes for winning and losing. You don’t always win but if you don’t try you will never win. I think it’s wrong to teach our children that winning is more important than fair play and accepting outcomes.
I was responding to the following observation of Dr. Richardson's: "The report concludes that the efforts to subvert the DOJ were part of Trump’s attempt “to retain the presidency by any means necessary,”"
Subverting the DOJ to attempt to overthrow the legitimately elected President is treason. There are criminal penalties noted for treason in the United States that start with arrest.
One of the other commenters noted that concern or fear may be holding the current administration back from arresting Trump for treason, which, would be appropriate at this point.
My comment is not meant as self indulgent or venting. My observation is to point out that Trump's army was ineffective and nothing to be afraid of. In fact, many of those who arrived Jan 6 were out of shape, overweight, recipients of SSD and welfare, hence, having the time to go on Trump's excursion. Anyone with a job, or a business, did not have three days to waste attempting to overthrow the government.
If Biden is holding back out of fear of consequences from Trump supporters, and I do not know if the other commenter is right, then, there is no need to be fearful of arresting a treasonous former President.
There is reason to be fearful if Trump is not arrested.
The article indicates that whites in counties with declining whit population were part of Trump’s ragtag assault on the Capitol. This info supports my assessment not refutes it. Maybe I misread?
Kim, There is nothing in the article for which you provided a link and the Washington Post article, which it referred to, that deals with or refutes Mike's descriptions of the insurrectionists. While Mike's generalizations may have been stereotyping, the link you provided concerns the areas in which many of the insurgents live and reasons for their attraction to Trump.
Thanks for that link; apropos of nothing perhaps, former neighbors here in Maricopa county, white and retired, were at the rally but not the insurrection part….probably lots more like them there. Lots of AZ folks were “bad actors “ as well
"... many of those who arrived Jan 6 were out of shape, overweight, recipients of SSD and welfare, hence, having the time to go on Trump's excursion. Anyone with a job, or a business, did not have three days to waste ..."
How perfectly arrogant and ignorant of you, Mike S.
lin, If you are in the mind of a reviewer, you will encounter a wide variety of personalities and persuasions here. There is much material from which to sort out givers and takers; the nasty and the nice, if you like. Most subscribers of LFAA (Letter from an American) joined to learn from Heather's Letter; report our responses to it; convey information concerning what's happening from other sources; share our personal experiences and learn from one another. It may take some time for you to become acquainted with the forum and decide how to pursue it and for how long. I think it is an extraordinary opportunity to read what Heather lays out concerning America's condition on a day to day basis and communicate with Americans around the country and in other places. At this time, in particular, it is a treasured base for learning, exchange and comradery. Welcome, lin.
lin, I'm curious, what did you imagine this comment section would be like? Each subscriber brings their own interpretation of Heather's Letters along with their own world view to the discussion. Most folks here started reading (and watching) Heather on Facebook. When she opened the Substack Letters subscription many of us migrated here to read and interact in a less noise filled atmosphere. If you stick around you'll find that Heather sometimes throws out a question for us to think about, debate and respond to. You'll also find that a good number of subscribers are able to offer amplified insight on certain issues based on their professions which include foreign service, academia, economics, finance, education, the armed forces, law enforcement, law, medicine and more. I think you'll find it's a pretty decent bunch of people.
What do you consider self-indulgent venting? I haven’t heard anyone say “woe is me” or claim they are a victim. Maybe I don’t understand your statement.
I was surprised at a comment which dealt more in superficial characterizations of certain Trump supporters and Republicans than in substantial critique of their actions.
Lin. In the context of military style assault being overweight, out of physical condition, and underemployed are not superficial traits. They are relevant in evaluating the capability of Trump supported should the current Justice department arrest him. In the context of the thread content nobody need feel great trepidation.
The biggest crime, in my mind, is brainwashing people to believe that our democratic system is corrupt. Trump, in his narcissim believes, among other fairy tales, that he is so great that, suddenly, our voting system was rigged, in order to keep him out of office. Do any of his kool aid drinkers stop and wonder why and how, after all these years, that would have been accomplished? I guess '22 will be a test run for our country's democracy. I don't think it will be pretty but am glad that it comes before '24.
I think it is also because it has never been done. So... there is much to figure out because it sets precedents. Just like the Hatch Act- they wouldn't charge them because again it hadn't been done yet and too many Trumpers in charge. I wish Congress would get a plan together to tie up all the loopholes Trump used to his advantage.
Happy Birthday Dr Richardson ,may your day be filled with joy.
The overwhelming disregard that trump holds for this country, it's constitution and the rule of law becomes ever more apparent as the days go on, yet the GQP, his base, and the former republicans in Congress continue to tie themselves to his coat tails or perhaps his overlong tie. I say former republicans because they have abandoned any semblance of holding themselves to standards of ethics or morals that would have kept them from subverting this country.
I am concerned - with all this talk about who belongs in jail, and why are they not there - here's a reminder of one person who clearly does not belong in prison, who will be lucky to survive the sentence ...:
Lawyer Steven Donziger, Who Led Suit Against Chevron, Sentenced to Six Months for Contempt
In New York, a judge sentenced environmental and human rights lawyer Steven Donziger to the maximum penalty of six months in prison for contempt of court. The misdemeanor charges were linked to a lawsuit brought by Chevron, which has been targeting Donziger ever since he successfully sued the oil giant in Ecuador on behalf of Indigenous people whose land was contaminated by the oil giant. Donziger has already spent over two years under house arrest, and the U.N. and other rights groups have called for his release. This is Donziger in a social media video posted after his Friday sentence.
Steven Donziger: “It’s very clear Judge Preska wants me to serve my six-month sentence immediately, so that even if I get exonerated on appeal, I still will have served a sentence for a crime I never committed. And again, another example, I think, of the punitive nature of what’s happening. It’s almost unheard of for someone convicted of a misdemeanor in the United States not to be let out pending his or her appeal.”
Protests across the United States are calling for the immediate release of environmental and human rights lawyer Steven Donziger, who has been held under house arrest in New York for two years after being targeted by the oil giant Chevron. Donziger sued the oil giant in Ecuador on behalf of 30,000 Amazonian Indigenous people for dumping 16 billion gallons of oil into their ancestral lands. Ecuador’s Supreme Court ordered Chevron to pay $18 billion a decade ago, a major victory for the environment and corporate accountability. But Chevron refused to pay or clean up the land, and instead launched a legal attack targeting Donziger in the United States. A federal judge in July found Donziger guilty of six counts of criminal contempt of court after he refused to turn over his computer and cellphone. In an unusual legal twist, the judge appointed a private law firm with ties to Chevron to prosecute Donziger, after federal prosecutors declined to bring charges. “This is a broader threat to our society,” says Donziger. “We cannot allow in any rule-of-law country, or any country, private prosecutions run by corporations.”
Could we draw more attention to the plight of Steven Donziger on this forum please.
This corruption of justice is exactly the result of corporate donations to GOP elections that can be expected to become mainstream if corporate donation laws are not changed.
Thank you Christian, I completely agree - as if this clown show dominating the headlines is anything other than a distraction from real concerns in real time ...
This. From Steven Donziger:
On Friday, October 1st, 2021, Judge Preska sentenced me to six months in jail. It has taken days for me and my family to process this shocking turn of events. I now want to speak directly to my supporters.
First, I want you to know that I believe I could be forced into prison as soon as the week of October 25 unless the federal appellate court intervenes to keep me “out” under house arrest with the ankle bracelet still shackled to my leg. Yes, it appears the “choice” is not between prison and freedom while my appeal winds its way slowly through the courts, but between prison and home confinement. It’s just outrageous given that I have now served four times longer under house arrest than my prison sentence. And if I am allowed to stay home, I likely will have served close to four years under house arrest on a misdemeanor charge even if I win my appeal and get exonerated.
Second, I want you to know that I am fine and that my family is standing strong. Obviously, this experience causes great pain to our son in particular. But the overwhelming response from our supporters has thus far fortified our sense that the future will be secure. As many know, I have for years been targeted with withering attacks from 60 Chevron law firms in retaliation for helping Indigenous peoples in Ecuador fight back against the company for dumping billions of gallons of cancer-causing oil waste onto ancestral lands. While we expect those attacks to continue, we are steadfast in our determination to withstand.
My pending prison sentence is incredibly difficult for me and my family, but for the climate movement as a whole it is potentially a disaster of epic proportions. That is, unless we either stop it or use it as an opportunity to build this campaign even stronger.
Many legal observers believe my sentence is a slap in the face by Judge Preska to the rule of law. It comes after five respected jurists from the top human rights legal body in the world, the United Nations High Commissioner on Human Rights, issued a unanimous decision calling my home detention “arbitrary” and a violation of multiple provisions of international law. The body concluded that my treatment violates my right to a fair trial and my right to an impartial judge. The U.N. jurists also demanded that the United States government IMMEDIATELY free me and pay compensation for the time that I have lost while locked up in home imprisonment.
Despite the fact that the decision from the U.N. Working Group requested that the U.S. government “take the steps necessary to remedy the situation of Mr. Steven Donziger without delay,” Judge Preska continued to do Chevron’s bidding to silence me and send a message of intimidation to all Earth Defenders.
Day by day, the stakes of this case grow higher. The more Judges Preska and Kaplan attack me, the stronger our movement seems to become. My appellate attorneys already have filed our challenge to this conviction. Now it is as critical as ever that we put an end to Chevron’s two-decade campaign to evade complying with court orders that it compensate the Indigenous peoples in the Amazon that it poisoned.
The United Nations High Commissioner for Human Rights, 68 Nobel Laureates, 475 lawyers and human rights defenders, and several members of Congress, including AOC and Rep. Jim McGovern, have joined us in this fight. Chevron’s plan to silence me is backfiring. But we now must focus on increasing our reach and taking our leverage higher.
The layers of this onion keep peeling away. I do wonder if when we are finished with the reveal, will there be a reconciliation of blame. The GOP have most definitely put January 6th behind them and collectively brushed it under the rug. I heard a trumper say the other day " at this point, I don't even know if January 6th happened ". What the hell does that mean?
I have noticed I am getting the pleas for money emails from Trump, his Son and the screaming banshee girlfriend of his 3-4 times a day. In these emails, their desperation is dripping in lies and anxiety.
.....and the horse you rode in on tends to be my go to response to their pleas.
Be safe, be well.
Enjoy your day Heather . We travel around the Sun but one time a year.
Thanks Linda, it was my wife's birthday on 10/7 as well! We had a beautiful fall day to celebrate in, we went leaf peeping and had cake! Be well Linda, be well Dr. Cox-Richardson!
Steve, Happy Birthday to your wife. You must live in the Northeast. My partner and I are looking forward to checking out nature's beautiful colors this weekend as well in Central New York. He is like a little kid when it comes to leaf peeping. 🍂🍁
Hi Steve, I haven't forgotten my invitation for us to share a subject connected to our concerns about Republican minority rule and lethal threats to democracy in America. Below is the link to 'David Shor Is Telling Democrats What They Don’t Want to Hear'. It's a fascinating and long consideration about the Democratic Party's poor odds by Ezra Klein in today's, NY Times. The piece doesn't spell out a subject for us but provides areas to think about. Take your time. Please let me know if any nuggets within prompt your interest. Cheers!
“Today was also the deadline for four of Trump’s closest allies to turn over documents to the House Select Committee to Investigate the January 6th Attack on the United States Capitol and to schedule testimony. Former chief of staff Mark Meadows, social media manager Dan Scavino, adviser Steve Bannon, and former Defense Department official Kash Patel have until midnight tonight to contact the committee.”
Any of this herd have the sneaking suspicion that the FBI and/or NSA already have documents and recordings of the above co conspirators jan6th coordination plot?
I honestly thought Nancy should have let one of the younger members of Congress, like Katie Porter, become Speaker. Then she could mentor Katie and the next Speaker would be prepared to handle the role. There may be another choice but Porter is immensely popular and it would be tough for Republicans to criticize her for her wealth or anything else. Her ethics are phenomenal. And her whiteboard is awesome.
Katie Porter is incredible. She is so much smarter than any republican they wouldn't know where to begin is they chose to criticize her! She does her whiteboard brilliantly as she focuses on facts and redirects.
I would not want to do without Bernie either, but still think we could use some fresh ideas and courage that might come along with someone not so set in their ways. (Schumer, etc)
Unfortunately, I don't think that is a good decision. She has shown signs of dementia and the democrats should be spending time mentoring someone else to run in her place. Nancy Pelosi has been great, but there comes a time when it is time to let go of the gavel and push the mentoring! There are generations out there that have to live with whatever is going on a lot longer than we senior citizens!! Get them into office!
A political system that kinda/sorta worked in the 18th century, when it was a three day trip from my ancestor's residence in Germantown PA to Philadelphia, in a country the rest of the world didn't pay attention to (as late as 1836, when USS Constitution dropped anchor in DaNang harbor, the government of Viet Nam was unaware that the United States existed), that was founded on the voluntary agreement of people to participate under norms that did not have the force of law, is unfortunately not a system that has a lot of survival chance 232 years later, now that a significant part of the system is populated by people who don't recognize the norms or voluntarily agree to follow them.
This is how the last big important Republic in history went the way of the Dodo Bird.
And all for the biggest loser to ever come down the pike. But, the republicans have been on this path for decades, Google Smedley Butler. Too many still haven’t figured out that The parties switched positions and the evil that was in the Democratic Party now hangs around the neck of the Republicans. Will history write that we waited too late…
The system has a very good chance of survival when Co-conspirator No. 1's defense defense is being led by former campaign lawyer Justin Clark & former deputy white counsel, Patrick Philbin in the absence of Co-conspirator No 1's conviction in Georgia's on-going criminal legal proceedings.
"Deputy white" made me smile. I have an image of them ironing their sheets in preparation for a last desperate stand before they are dragged kicking and screaming into the 21st century. CC#1 easily identified by the orange stains around the eyes.
Thank you Gigi for noticing the Freudian slip; I am not sure Justin the " ... former deputy white [house] counsel" has any At-bats in the Major Leagues.
Ok, I give up. To which last important Republic do you refer? Or did you mean "This is how the last big important Republic in history GOES the way of the Dodo Bird"?
Per Wikipedia Da Nang is also known as the "City of the Han River", a "well sheltered, easily accessible port" the name adapted from an earlier word "da pak".
Excuse me, but isn’t it time for the Biden administration to call a spade a spade and get tough with Trump and his ruthless gang of cohorts? Seriously, this crap from Trump will never stop unless someone stops it. If the Democrats are afraid to confront Trump and force people to testify, then what good are they doing for our democracy? This entire situation is infuriating me beyond belief. Diplomacy isn’t working. Do something that reflects courage.
What happened and why is extraordinarily complex. The investigations are unprecedented in the nation's history. It's not hyperbole to say that the fate of democracy depends on them. Are the investigations not working? We already know in broad strokes what Trump did to bludgeon government officials into launching an attempted overthrow of the government. We know the players and much of what they did. And of course, DOJ, the House Select Committee, and the Senate Judiciary Committee know much more, and they aren't close to finishing their work.
Reality check: the House Select Committee is on the verge of forcing key Trump henchmen to testify. They will be threatened with jail if they don't honor subpoenas. It was suggested yesterday that the committee ratchet up the pressure by referring their refusals to testify to DOJ for criminal prosecution.
We all desperately want the perpetrators punished, especially Trump. A former president has never been prosecuted for such crimes. That means extraordinary care is essential in building the cases, not just for legal reasons but to slowly prepare the public for what's ahead. And prepare for what could be a violent response from traitors who call themselves patriots.
Trump, who is now openly obstructing justice, knows that he faces prosecution on several fronts. Those in his corner who want to topple democracy know this. Their window for succeeding, after failing on Jan. 6, is small and closing. What we need is not speed but airtight cases meticulously built, cases that will end with pronouncements of guilt.
Patience is indeed a virtue, especially in this case but being virtuous is made much easier then there is an occasional reward. In this case, open testimony or, if the subpoena is ignored, actual footage of one of the four going to jail would be such a reward.
Agree. It's time to quit threatening jail time if the subpoenas are not honored – it's time to incarcerate for ignoring subpoenas.
I read a tweet last night the Jamie Raskin said they would fine them for not complying. Money is nothing to these people because they continue to grift. It does not hurt them in any way. We have to skip the fines and go straight to jail time. Another option could be to freeze their assets but I don’t think that’s a choice under the law.
I'm not sure about the legal intricacies but, if they were to default on payment of a fine a court might be willing to attach assets. I agree completely with your comments on fines; anything that would be arguably reasonable to a court would be paid out of someone's pocket change.
We deserve to see perp walks.
Absolutely. All four should go to jail, but at least taking one of them would make a difference. The longer trump 'n' club escape justice, the more likely things will just dissolve. The insurrectionists will just laugh and move on to their next government overthrow plan.
I'm reminded of when President Ford pardoned President Nixon (1974) as Ford said it was for the good of the country. Then, there was Pres. Bush Sr. pardoning the six principal criminals (Dec. 1992) working for Reagan in the Iran-Contra scandal. Bush Sr. gave a similar excuse for the pardoning's of those six, something like "so that the nation can move forward." It's all so blatant--the higher the level of crime, the less likely the perps will have to do time.
If this isn't wrapped up before the 2022 elections it will all be a moot point because there's a huge chance we lose democracy then.
The other thing we have is a president that will not pardon the antics of the subpoena refusers, something they held onto when defying investigations in the Drump administration. Who do they think will be "saving them" during this round of investigations?
Besides being complex, I’m thinking it is also unprecedented. They’re cutting trail as they go. And working with just a half a deck given what the former admin did to the DOJ
Prior to inadvertently hitting the post button, I was typing “from A to Z.”
I am so thankful you took the time to explain that so clearly and completely. Thanks again.
Thank you, Michael. You put the situation into perfect perspective, from Ato
Hallelujah Amen!!! The day he was sworn in, President Biden should have cited the Constitution and Federal Law and Mitch McConnel (see further below) and called for the criminal prosecution, conviction and hanging of the WHITE January 6 mob that breached the Capitol, and their leader, Donald Trump. That Biden did not do that, that every Democrat and Republican in Congress did not do that, well, what does that say about how they really feel about the Constitution, democracy, one nation invisible, and the Flag? I can imagine if the mob had been black, the Capitol police would have opened fire.
February 13, 2021:
WASHINGTON (AP) — In his speech Saturday from the Senate floor, Sen. Mitch McConnell delivered a scalding denunciation of Donald Trump, calling him “morally responsible” for the Jan. 6 attack on the U.S. Capitol.
But in his vote on Trump’s impeachment, McConnell said “not guilty” because he said a former president could not face trial in the Senate.
Washington’s most powerful Republican and the Senate’s minority leader used his strongest language to date to excoriate Trump minutes after the Senate acquitted the former president, voting 57-43 to convict him but falling short of the two-thirds majority needed to find him guilty. Seven Republicans voted to convict.
Clearly angry, the Senate’s longest-serving GOP leader said Trump’s actions surrounding the attack on Congress were “a disgraceful, disgraceful dereliction of duty.” He even noted that though Trump is now out of office, he remains subject to the country’s criminal and civil laws.
“He didn’t get away with anything yet,” said McConnell, who turns 79 next Saturday and has led the Senate GOP since 2007.
Article III, Section III of the US Constitution:
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
PUNISHMENT FOR TREASON AS DECIDED BY CONGRESS:
§2381. Treason
Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.
If for no other reason, all those named thus far and those to be named should face this consequence: "shall be incapable of holding any office under the United States."
Article III Section III says it all. Thank you, Sloan.
I think the Biden admin is being meticulous in its pursuit because the Empire of Evil is strongly invested in the Republican party and its constituents. Sort of like Batman vs multiple Gothams at once. They must adhere to the slow plodding arc of truth and justice lest a misstep brings the wrath of Gilgamesh down upon them. Pardon my mixed metaphors, but while I'm at it, has anyone considered that Trump is the Joker?
Agreed. More importantly it is a perilous time to be challenging precedent for convicting one's predecessor. I am impatient as everyone for the perpetrators of a coup to be punished. I will trust the process on this.
One thing to remember. President Biden has only been in Office 8 months.
I don't have any recourse but to trust the process. I just wish the process were quicker (sigh). By the way, where does the Matt Gaetz process stand. That little weasel is so disgusting it's amazing the case already isn't closed. I wonder what kinds of information the group looking into him is uncovering.
Idk but I contributed to his challenger's campaign already, Rebekah Jones, FL DOH whistle-blower and one tough cookie.
You mean Challenging precedent for NOT convicting one's predecessor right?
Yep. Or really in general not to even try and lock up one's political enemies. trump yelling "lock her up" was so chilling.
Hope, I understand what you're saying, but for Trump telling Bannon, Patel, Meadows, etc. to stonewall the subpoenas and not react to them is seditious, in this case, is it not? I'm not a lawyer, but I would think good legal minds would have a field day with this situation. How can Trump exert executive privilege when he's not even in office? His boneheaded followers buy into it as gospel truth, but I don't believe executive privilege is reality. I think this needs to be explained by someone who understands it. The Joker is a good metaphor but not evil enough. Trump is in a class by himself. I'm sure his niece could come up with some good ones.
Daniel Goldman, one of the prosecutors for the second impeachment, said on MSNBC last night that Trump committed obstruction of justice in plain sight with his call to stonewall the subpoenas. Other well-known legal experts said the same yesterday.
I agree, Dennis. I do hope those turkeys do not pass go or anything else except a kidney stone. They should go immediately to jail for the obligatory 1-year sentence for refusing a subpoena. BTW, I originally wrote Trump as Anti-Christ but thought I might be cursed for doing so.
For example if an attorney has a privileged communication with a client and later the attorney retires the privilege lives on.
However I should add that it’s generally not privileged to have a communication where the lawyer suggests a criminal act or promotes a criminal act or advises the client on how to execute a criminal act. I’m not an expert on executive privilege so I’m not sure how that would apply.
I rather think he THINKS he is Thanos. But then, he is not known for his ability to think...so there.
He does act a bit like he's inevitable; it will be interesting to see who the Democrats provide as Iron Person. Not going to assume it will be a man, not confident that the current VP is the right person.
OMG, Dave. I hope he's not inevitable. Did you mean, "invincible?"
I hope so too Hope. I was quoting from Thanos right before Iron Man removed the glove with the Infinity Stones in it. Sorry if that's a spoiler for anyone.
I apologize for being snarky. It's good to know another mature citizen who never lost our appetites for the Avengers, et al.
Considering he’s been on the Radar since 2011. Why yes I have.😂 I guess TFG didn’t get the Brief “That success was the best Revenge “. The Gov and The Mafia aren’t really the same.
🤣
They could easily be charged w/ Criminal Contempt of Congress. Minimal consequences from what I understand: https://www.findlaw.com/litigation/legal-system/contempt-of-congress-process-and-penalties.html. BTB, in that piece, a mention of EPA Administrator Anne Gorsuch was mentioned in reference to not turning over documents-Yes, she's Neil Gorsuch's mother-I looked it up!
Over the past few days both Neal Katyal and Glenn Kirshner have emphasized how important it is for the DOJ to actively go after these individuals who attempted to overthrow the government. Last night on The Reid Out, Glenn made a very compelling case. I am beginning to wish he were our AG instead of Garland: https://twitter.com/thereidout/status/1446257831183847428
I am feeling anxious and frustrated also. But I would rather they get it done right than go through what we have been , again.What good is a Constitution, Rule of Law any of it if those who swear an Oath to uphold it Don’t ? There’s a lot of ordinary , everyday hard working Ppl that believe it really does matter .They are called Citizen Voters of The United States of America. Anything worth doing it should be done right. Hang in there.
I couldn't agree more. The longer trump and his cohorts stay free of any charges and continue to agitate the government, the more I question the effectiveness of the current administration and its ability to pursue justice. trump and his felonious cohorts, to include Jarvanka and other family members enriching themselves at the public trough, will simply buy more lawyers to stall the process of justice. Delays and appeals will keep trump (et al) out of jail as he continues to live a life of luxury at mar-a-lago. I'm sure the rest of the world is laughing at us in the U.S. for allowing the trump charade to continue.
They'll have to have courage in order to demonstrate some and Heather's line about the risk to any President of subpoenaed testimony from his CoS is perhaps the most important line in today's letter; fear of disclosure would give almost any one of them a shrinky winky.
"...a shrinky winky."
That's a funny phrase. Never heard it before.
If you're a Disney fan, it was used in the animated 101 Dalmatians to describe the impact Cruella had on her henchmen. A chef I used to work with said it was a phrase used when he was growing up.
Have the courage to be patient.
Typically off subject, here's a bit of the bright side ...:
Great news! President Biden is taking action to restore protections for three priceless national monuments: Bears Ears, Grand Staircase-Escalante and Northeast Canyons and Seamounts.
https://www.npca.org/articles/3007-biden-administration-to-restore-bears-ears-grand-staircase-escalante-and
It is past time for the Biden Administration to reenact the endangered species act for Wolves. Every day they delay while studying the obvious more wolves are massacred by hunters and trappers throughout the upper midwest and West.
Indeed.
BEFORE its another "hunting" season & its too late! Maybe the Bears Ears restoration is a good sign - there are many corrections that need to be made by this administration!
Thank you, Kathleen. To me, that news is not “off subject”, it’s “right on topic”. Preservation of beautiful landmark treasures in our country.
Light and Love!
Yes.......if you have never been to these monuments, please consider going. They are breathtaking. This land is our land.
Oh yay!!! Thank you. This made my day!!!
Me too, Kim!!
👏🏼👏🏼👏🏼💃🏽
Donald Trump was & is a landlord. That alone was reason enough for my not voting for him. His racism, sexism, misogyny, cheating, flaunting his wealth and White male privilege, and his reverence for organized crime was all icing on the cake of NOPE & Hell No. It hurts my heart every day that people voted for that monster.
PS: Happy Birthday Dr Richardson.
Thank you for this Letter too. Between my 3-hour round trip commute and my full work day, I am practically cross-eyed with tiredness by the time I get home. I only have two hours left to shove food down my throat, get ready for next day, and calm down enough so I can sleep. I can’t sleep after I read/watch the news. You’re Letter is one of the few ways I keep up with political news. It’s been a godsend.
Yes, that alone should have stopped everyone from voting for him. It is very distressing to me that we had a president who spoke like that and people who dismissed it as locker room talk. With some people, evolution has not happened.
There is not a person in this country who can honestly say they are surprised at the disaster that TFG has caused. As his niece, Mary Trump, has said, he has never shown himself to be anything but what he is - a base, ignorant, cruel, narcissist (I'm paraphrasing). For all who counseled "just give him a chance," I say that you were an enabler when you voted for or made excuses for him. I remember when he was evicting the elderly from his father's rental units. He was pond scum then, and he has evolved into a plague. There is no excuse. period.
A lot of the people who voted for him are racist and misogynistic just like he is. A lot of them think nothing of participating in criminal activity of various kinds. Then there are the evangelicals who want a theocracy or at the very least abortion to be banned. For years they have heard tax and spend about Ds and the need to own the liberals. He speaks to all their fears and prejudices. My own family members who live in the midwest post all kinds of dreck and most, if not all of them, have benefitted from government programs. They are poorly educated and live in a milieu in southern Illinois and Indiana where that's all they hear. If they have jobs, they are mostly scut jobs and they are unhealthy. No vaccines of course for at least some of them. I just sigh.
Lisa, please take care of yourself. That sounds like a day with not nearly enough "me" time.
No, that is just typical life of a single woman of middle income sliding into low income because of seriously stagnant wages, increasingly high cost of living & housing, and very limited affordable housing availability in areas near workplace (or anywhere).
I understand.
*your letter.
Can trump actually invoke "executive privilege" and delay/derail all of this? What happens when his minions refuse to respond to the subpoenas? Can they all escape prosecution? It is now October and these terrorists (which is exactly what they are) are still free to roam the country, spew their vitriol, amass large sums of money to continue their plot of a violent governmental takeover, stonewall the collection of evidence, slap justice in the face, and so on. It simply does not make any sense to me that this drags out ad infinitum. Where the hell is any justice? IMO if these people are not indicted, tried, found guilty, and jailed pretty damn soon, that is the final nail in the democratic coffin.
Short answer, no. "Executive privilege" attaches to the office, not to the man or woman holding it. The only person who can claim executive privilege is the current president, not the former president. Of course, there are those in the cult who believe that the former guy is the 'real' president.
I had read somewhere that a former president could claim executive privilege for the time period he was in office. It doesn’t make sense to me that crimes committed in office would have any protection but what trump and the criminal cabal have gotten away with in the first place doesn’t make sense either!
I recall him saying, “ I could shoot someone on 5th Ave and get away with it.” If this is how our judicial system works, we are as broken as it actually looks. I’m wary of how long it takes justice to prevail. Most days I wonder if justice will prevail. The worst of them are still sitting in Congress.
That could be a fiction that the cult is propagating.
a bit of a long read, but this has some interesting perspective on "executive privelege" https://www.lawfareblog.com/can-former-president-assert-executive-privilege-impeachment-trial
Thank you that was helpful and frustrating... :)
Hi Pamela, I hadn’t seen your post and just posted it myself. Not as reassuring as I’d hoped. Just enough confusion for djt to exploit.
Is every member of Congress from AZ crazy? Gosar distracts me when he speaks (not that listening to his wild theories is useful) because he reminds me of a bobble head. Also, Trump LOVES this chaos and the division he created. He lives for the attention. Some arrest him. (Manhattan, I’m looking at you.)
Georgia, too.
Gosar is off the rails! His siblings have publicly excoriated him. I gave up trying to watch the committee hearing on the sham audit here in AZ
Possibly they are, although I have a good friend in CA who feels strongly that Katie Porter is a quality person who works hard for her beliefs and her constituents.
I didn’t t criticize Katie Porter. I LOVE Katie Porter. I’m commenting on AZ legislators.
Executive privilege for a former president regarding events, documents and conversations that occurred during his presidency is a very grey area. Some experts say the current president must approve it (perhaps to protect future presidents from harassment). Others say privilege over activities during the presidency survives post presidency. Also the nature of the conversation/activities and the people involved is a factor.
https://www.lawfareblog.com/can-former-president-assert-executive-privilege-impeachment-trial
HAPPY BIRTHDAY, HEATHER COX RICHARDSON!!
There can be no executive privilege to conceal evidence of criminal activity, (See; Nixon, Richard,) and certainly not when the executive is no longer in power. The "order" from former President whatsisname to former members of his staff to not cooperate with the investigation is meaningless, laughable.
Where was the separation of powers on Jan 6th when members of the executive branch, including and especially the President, vigorously attempted to sabotage the legal, legitimate, constitutionally mandated functions of Congress?
The system of checks and balances is thus shown to be a figment of a "founders" imagination and is only applicable when it is in the interests of the most powerful to so do....and all "good men" do not just look the other way.
Could Trump’s letter to Mark Meadows, et al constitute witness tampering?
In my un-legal opinion; yes.
At DOJ, civil servants put themselves in harms way to preserve the nation from Republican predations. Just as Alexander Vindman, who after putting his life on the line, put his livelihood on the line to serve our nation. Please think about it. This is no small thing.
I am not surprised that across the nation some Republican officials have done the right thing and stood up to their party leaders. It is shocking that in Congress, although a few Republicans have distanced themselves from Pres. Trump's bad behavior, none have denounced Leader Mitch McConnell's worse tactics. As a Mainer, I gauge the devolution of the GOP by comparing past Sen. Margaret Chase Smith who denounced Sen. Joe McCarthy's tactics with current Sen. Susan Collins who carries Mitch McConnell's water.
When Hannah Arendt wrote of 'the banality of evil' she did not mean that the evil done by Adolph Eichmann
in the Nazi regime was commonplace. She meant how evil is perpetrated by a myriad of people 'just doing their job' in a bureaucracy with no thought to the harm they are doing to the community. We can debate the effect of Republican policies on our populace and planet. There is more than ample evidence to condemn Republican scorched earth procedures which are effectively overturning the Constitution.
😭
A question: At what point does the current justice department have enough evidence to arrest Trump for treason and sedition?
Whether or not they have sufficient evidence to do so now, the real question in my mind is do they have sufficient backbone to do so. I’ve not seen any x-rays, but I have my doubts.
Exactly, Fran. Dem's need to get mean and nasty.
No guts, no glory. A bunch of wimps.
Sad, but certainly appears to be the case.
Not a comment dripping with wholeness and well-being there, Charlie Grantham.
If the Pubs scared anyone with that overweight bunch of welfare and SSD recipients that Trump called up on Jan 6 I would be very surprised.
Good morning, Mike. Bear with me on a viewpoint.
I’ve always felt the common characteristic of many of the insurrectionists is different than what you cite. I think what binds so many to the former is something I see often in children that typically are aggressive when they “lose”. When living in a social order where anything from playing a board game fairly to making a decision to run for public office or agreeing as a citizen to participate in fair and free elections is totally dependent on the assumed characteristic that must prevail in the players….that of being able to win and being able to lose. Fairness is based on rules to follow and accepting the outcome of those rules. I believe it is the outstanding failing of the former president and cause of all that followed his loss and some of the rhetoric laid before the election. “If I lose, it is because the other side cheated.”
Worse than winning is not being able to lose. It cancels fairness.
Every person present on January 6th, even if there as a voyeur, had some part of their thinking wired to believe that the former president did not lose.
That is the danger to our democracy. I’ve examined that characteristic in myself and studied where it is that we learn to be OK with losing, because it’s not often a pleasant feeling. I’ve worked with children in public education for decades and will testify, based on my experience, that teaching children this concept was much “easier” in earlier decades than in the decades of the new century. And that coping mechanisms instilled in children through play are much more likely to reflect that “losing is not an option”.
Tricky. And as it turns out, quite dangerous. It’s not child’s play.
My grandson made a comment to me the other day about not asking for something because he might seem selfish. He wanted to be driven to school early to hang out with his friends before class. As an aside, thank goodness he just got his drivers license and will be able to drive himself.
I told him he should always ask for something he wants or try for something he wants because otherwise the answer is definitely a No. if he’s already willing to accept that No answer then it’s not going to hurt to go for the Yes.
This has been my lifelong philosophy about everything. The same goes for winning and losing. You don’t always win but if you don’t try you will never win. I think it’s wrong to teach our children that winning is more important than fair play and accepting outcomes.
I am new to this comments section, but I am very surprised to see self indulgent venting in response to Cox Richardson's disciplined analysis.
Lin,
I was responding to the following observation of Dr. Richardson's: "The report concludes that the efforts to subvert the DOJ were part of Trump’s attempt “to retain the presidency by any means necessary,”"
Subverting the DOJ to attempt to overthrow the legitimately elected President is treason. There are criminal penalties noted for treason in the United States that start with arrest.
One of the other commenters noted that concern or fear may be holding the current administration back from arresting Trump for treason, which, would be appropriate at this point.
My comment is not meant as self indulgent or venting. My observation is to point out that Trump's army was ineffective and nothing to be afraid of. In fact, many of those who arrived Jan 6 were out of shape, overweight, recipients of SSD and welfare, hence, having the time to go on Trump's excursion. Anyone with a job, or a business, did not have three days to waste attempting to overthrow the government.
If Biden is holding back out of fear of consequences from Trump supporters, and I do not know if the other commenter is right, then, there is no need to be fearful of arresting a treasonous former President.
There is reason to be fearful if Trump is not arrested.
Actually, that assessment of the Jan 6 insurrectionists is incorrect.
https://www.minnpost.com/eric-black-ink/2021/04/a-look-at-demographics-of-the-jan-6-insurrectionists/
The article indicates that whites in counties with declining whit population were part of Trump’s ragtag assault on the Capitol. This info supports my assessment not refutes it. Maybe I misread?
Exactly, Kim WA. Thank you.
Kim, There is nothing in the article for which you provided a link and the Washington Post article, which it referred to, that deals with or refutes Mike's descriptions of the insurrectionists. While Mike's generalizations may have been stereotyping, the link you provided concerns the areas in which many of the insurgents live and reasons for their attraction to Trump.
Thanks for that link; apropos of nothing perhaps, former neighbors here in Maricopa county, white and retired, were at the rally but not the insurrection part….probably lots more like them there. Lots of AZ folks were “bad actors “ as well
"... many of those who arrived Jan 6 were out of shape, overweight, recipients of SSD and welfare, hence, having the time to go on Trump's excursion. Anyone with a job, or a business, did not have three days to waste ..."
How perfectly arrogant and ignorant of you, Mike S.
Perhaps.
lin, If you are in the mind of a reviewer, you will encounter a wide variety of personalities and persuasions here. There is much material from which to sort out givers and takers; the nasty and the nice, if you like. Most subscribers of LFAA (Letter from an American) joined to learn from Heather's Letter; report our responses to it; convey information concerning what's happening from other sources; share our personal experiences and learn from one another. It may take some time for you to become acquainted with the forum and decide how to pursue it and for how long. I think it is an extraordinary opportunity to read what Heather lays out concerning America's condition on a day to day basis and communicate with Americans around the country and in other places. At this time, in particular, it is a treasured base for learning, exchange and comradery. Welcome, lin.
lin, I'm curious, what did you imagine this comment section would be like? Each subscriber brings their own interpretation of Heather's Letters along with their own world view to the discussion. Most folks here started reading (and watching) Heather on Facebook. When she opened the Substack Letters subscription many of us migrated here to read and interact in a less noise filled atmosphere. If you stick around you'll find that Heather sometimes throws out a question for us to think about, debate and respond to. You'll also find that a good number of subscribers are able to offer amplified insight on certain issues based on their professions which include foreign service, academia, economics, finance, education, the armed forces, law enforcement, law, medicine and more. I think you'll find it's a pretty decent bunch of people.
What do you consider self-indulgent venting? I haven’t heard anyone say “woe is me” or claim they are a victim. Maybe I don’t understand your statement.
Thank You All for your welcome.
I was surprised at a comment which dealt more in superficial characterizations of certain Trump supporters and Republicans than in substantial critique of their actions.
Lin. In the context of military style assault being overweight, out of physical condition, and underemployed are not superficial traits. They are relevant in evaluating the capability of Trump supported should the current Justice department arrest him. In the context of the thread content nobody need feel great trepidation.
Indeed, lin, such as remarks abt SSD and welfare.
Made me wonder, HUH?!!
Seriously, Mike S?
SL. I am always serious.
The biggest crime, in my mind, is brainwashing people to believe that our democratic system is corrupt. Trump, in his narcissim believes, among other fairy tales, that he is so great that, suddenly, our voting system was rigged, in order to keep him out of office. Do any of his kool aid drinkers stop and wonder why and how, after all these years, that would have been accomplished? I guess '22 will be a test run for our country's democracy. I don't think it will be pretty but am glad that it comes before '24.
I believe the evidence is there and am hoping they act soon.
I think it is also because it has never been done. So... there is much to figure out because it sets precedents. Just like the Hatch Act- they wouldn't charge them because again it hadn't been done yet and too many Trumpers in charge. I wish Congress would get a plan together to tie up all the loopholes Trump used to his advantage.
Happy Birthday Dr Richardson ,may your day be filled with joy.
The overwhelming disregard that trump holds for this country, it's constitution and the rule of law becomes ever more apparent as the days go on, yet the GQP, his base, and the former republicans in Congress continue to tie themselves to his coat tails or perhaps his overlong tie. I say former republicans because they have abandoned any semblance of holding themselves to standards of ethics or morals that would have kept them from subverting this country.
Happy Birthday Professor Richardson🎂❤️
I am concerned - with all this talk about who belongs in jail, and why are they not there - here's a reminder of one person who clearly does not belong in prison, who will be lucky to survive the sentence ...:
Lawyer Steven Donziger, Who Led Suit Against Chevron, Sentenced to Six Months for Contempt
In New York, a judge sentenced environmental and human rights lawyer Steven Donziger to the maximum penalty of six months in prison for contempt of court. The misdemeanor charges were linked to a lawsuit brought by Chevron, which has been targeting Donziger ever since he successfully sued the oil giant in Ecuador on behalf of Indigenous people whose land was contaminated by the oil giant. Donziger has already spent over two years under house arrest, and the U.N. and other rights groups have called for his release. This is Donziger in a social media video posted after his Friday sentence.
Steven Donziger: “It’s very clear Judge Preska wants me to serve my six-month sentence immediately, so that even if I get exonerated on appeal, I still will have served a sentence for a crime I never committed. And again, another example, I think, of the punitive nature of what’s happening. It’s almost unheard of for someone convicted of a misdemeanor in the United States not to be let out pending his or her appeal.”
Protests across the United States are calling for the immediate release of environmental and human rights lawyer Steven Donziger, who has been held under house arrest in New York for two years after being targeted by the oil giant Chevron. Donziger sued the oil giant in Ecuador on behalf of 30,000 Amazonian Indigenous people for dumping 16 billion gallons of oil into their ancestral lands. Ecuador’s Supreme Court ordered Chevron to pay $18 billion a decade ago, a major victory for the environment and corporate accountability. But Chevron refused to pay or clean up the land, and instead launched a legal attack targeting Donziger in the United States. A federal judge in July found Donziger guilty of six counts of criminal contempt of court after he refused to turn over his computer and cellphone. In an unusual legal twist, the judge appointed a private law firm with ties to Chevron to prosecute Donziger, after federal prosecutors declined to bring charges. “This is a broader threat to our society,” says Donziger. “We cannot allow in any rule-of-law country, or any country, private prosecutions run by corporations.”
https://www.democracynow.org/2021/8/6/steven_donziger_house_arrest_chevron
Could we draw more attention to the plight of Steven Donziger on this forum please.
This corruption of justice is exactly the result of corporate donations to GOP elections that can be expected to become mainstream if corporate donation laws are not changed.
Thank you Christian, I completely agree - as if this clown show dominating the headlines is anything other than a distraction from real concerns in real time ...
This. From Steven Donziger:
On Friday, October 1st, 2021, Judge Preska sentenced me to six months in jail. It has taken days for me and my family to process this shocking turn of events. I now want to speak directly to my supporters.
First, I want you to know that I believe I could be forced into prison as soon as the week of October 25 unless the federal appellate court intervenes to keep me “out” under house arrest with the ankle bracelet still shackled to my leg. Yes, it appears the “choice” is not between prison and freedom while my appeal winds its way slowly through the courts, but between prison and home confinement. It’s just outrageous given that I have now served four times longer under house arrest than my prison sentence. And if I am allowed to stay home, I likely will have served close to four years under house arrest on a misdemeanor charge even if I win my appeal and get exonerated.
Second, I want you to know that I am fine and that my family is standing strong. Obviously, this experience causes great pain to our son in particular. But the overwhelming response from our supporters has thus far fortified our sense that the future will be secure. As many know, I have for years been targeted with withering attacks from 60 Chevron law firms in retaliation for helping Indigenous peoples in Ecuador fight back against the company for dumping billions of gallons of cancer-causing oil waste onto ancestral lands. While we expect those attacks to continue, we are steadfast in our determination to withstand.
My pending prison sentence is incredibly difficult for me and my family, but for the climate movement as a whole it is potentially a disaster of epic proportions. That is, unless we either stop it or use it as an opportunity to build this campaign even stronger.
Many legal observers believe my sentence is a slap in the face by Judge Preska to the rule of law. It comes after five respected jurists from the top human rights legal body in the world, the United Nations High Commissioner on Human Rights, issued a unanimous decision calling my home detention “arbitrary” and a violation of multiple provisions of international law. The body concluded that my treatment violates my right to a fair trial and my right to an impartial judge. The U.N. jurists also demanded that the United States government IMMEDIATELY free me and pay compensation for the time that I have lost while locked up in home imprisonment.
Despite the fact that the decision from the U.N. Working Group requested that the U.S. government “take the steps necessary to remedy the situation of Mr. Steven Donziger without delay,” Judge Preska continued to do Chevron’s bidding to silence me and send a message of intimidation to all Earth Defenders.
Day by day, the stakes of this case grow higher. The more Judges Preska and Kaplan attack me, the stronger our movement seems to become. My appellate attorneys already have filed our challenge to this conviction. Now it is as critical as ever that we put an end to Chevron’s two-decade campaign to evade complying with court orders that it compensate the Indigenous peoples in the Amazon that it poisoned.
The United Nations High Commissioner for Human Rights, 68 Nobel Laureates, 475 lawyers and human rights defenders, and several members of Congress, including AOC and Rep. Jim McGovern, have joined us in this fight. Chevron’s plan to silence me is backfiring. But we now must focus on increasing our reach and taking our leverage higher.
sdonziger@donzigerandassociates.com
https://donorbox.org/steve-donziger-legal-defense-7-3-2/
This sounds like a report out of Russia, not the USA. Is poison next?
... or possibly something a bit more entertaining for the sadists at the helm ...
Thank you Kathleen for posting Steven Donzingers appeal. This is an Appeal that MUST be met.
Thank you too Christian ... dare we take a closer look at Judges Preska and Kaplan ... what motivates their decisions ...?
I think we already know-Fossil Fuel bucks
This is sickening. How can a judge appoint a private firm to prosecute a citizen? Let alone one with ties to the plaintiff?
Thank you for bringing this to my/our attention.
Grrr! That judge deserves Censure at least!
Thank you and Happy Birthday Heather.
The layers of this onion keep peeling away. I do wonder if when we are finished with the reveal, will there be a reconciliation of blame. The GOP have most definitely put January 6th behind them and collectively brushed it under the rug. I heard a trumper say the other day " at this point, I don't even know if January 6th happened ". What the hell does that mean?
I have noticed I am getting the pleas for money emails from Trump, his Son and the screaming banshee girlfriend of his 3-4 times a day. In these emails, their desperation is dripping in lies and anxiety.
.....and the horse you rode in on tends to be my go to response to their pleas.
Be safe, be well.
Enjoy your day Heather . We travel around the Sun but one time a year.
Thanks Linda, it was my wife's birthday on 10/7 as well! We had a beautiful fall day to celebrate in, we went leaf peeping and had cake! Be well Linda, be well Dr. Cox-Richardson!
Steve, Happy Birthday to your wife. You must live in the Northeast. My partner and I are looking forward to checking out nature's beautiful colors this weekend as well in Central New York. He is like a little kid when it comes to leaf peeping. 🍂🍁
Its just starting to get really good, Linda (NYS)
Hi Steve, I haven't forgotten my invitation for us to share a subject connected to our concerns about Republican minority rule and lethal threats to democracy in America. Below is the link to 'David Shor Is Telling Democrats What They Don’t Want to Hear'. It's a fascinating and long consideration about the Democratic Party's poor odds by Ezra Klein in today's, NY Times. The piece doesn't spell out a subject for us but provides areas to think about. Take your time. Please let me know if any nuggets within prompt your interest. Cheers!
https://www.nytimes.com/2021/10/08/opinion/democrats-david-shor-education-polarization.html
Thanks Fern, I got the link. I read the article. I'll sleep on it and reread in the morning.
My guess is that Trump is raising money to pay his bills. A sucker is born every day.
Love this, Linda.
“Today was also the deadline for four of Trump’s closest allies to turn over documents to the House Select Committee to Investigate the January 6th Attack on the United States Capitol and to schedule testimony. Former chief of staff Mark Meadows, social media manager Dan Scavino, adviser Steve Bannon, and former Defense Department official Kash Patel have until midnight tonight to contact the committee.”
Any of this herd have the sneaking suspicion that the FBI and/or NSA already have documents and recordings of the above co conspirators jan6th coordination plot?
You're giving them more credit than they're due.
It would be a good opportunity for the FBI to start trying to redeem themselves.
Isn't there an old attorney saying about never ask a question that you don't already have the answer?
We may hope!
It's a good hope.
Chuck Grassley is 88 years old and running for his next six year term in office. How do we get age/term limits on these fossils?
On the flip side, Nancy Pelosi is 81 and powering through. Be careful what you wish for.
But Nancy says this is her last year ! I'm being selfish but, she can't leave - who could replace her ? I'm not sure.
She is one of the few whom I'd trust to have a plan. :)
I honestly thought Nancy should have let one of the younger members of Congress, like Katie Porter, become Speaker. Then she could mentor Katie and the next Speaker would be prepared to handle the role. There may be another choice but Porter is immensely popular and it would be tough for Republicans to criticize her for her wealth or anything else. Her ethics are phenomenal. And her whiteboard is awesome.
Katie Porter is incredible. She is so much smarter than any republican they wouldn't know where to begin is they chose to criticize her! She does her whiteboard brilliantly as she focuses on facts and redirects.
I agree! Though Pelosi is good at what she does, there comes a time when the addiction to power must be let go for the good of all...
I'll have to check KP out .
I would not want to do without Bernie either, but still think we could use some fresh ideas and courage that might come along with someone not so set in their ways. (Schumer, etc)
Vote them out.
It’s hard to vote them out when no one will primary them. We had no choice but Feinstein in the last cycle.
Diane Feinstein has also filed to run again.
Unfortunately, I don't think that is a good decision. She has shown signs of dementia and the democrats should be spending time mentoring someone else to run in her place. Nancy Pelosi has been great, but there comes a time when it is time to let go of the gavel and push the mentoring! There are generations out there that have to live with whatever is going on a lot longer than we senior citizens!! Get them into office!
Oh UGH!
Are these criminals especially Trump going to continue to go unscathed. It is very hard to watch this crimes series that never has any justice.
A political system that kinda/sorta worked in the 18th century, when it was a three day trip from my ancestor's residence in Germantown PA to Philadelphia, in a country the rest of the world didn't pay attention to (as late as 1836, when USS Constitution dropped anchor in DaNang harbor, the government of Viet Nam was unaware that the United States existed), that was founded on the voluntary agreement of people to participate under norms that did not have the force of law, is unfortunately not a system that has a lot of survival chance 232 years later, now that a significant part of the system is populated by people who don't recognize the norms or voluntarily agree to follow them.
This is how the last big important Republic in history went the way of the Dodo Bird.
And all for the biggest loser to ever come down the pike. But, the republicans have been on this path for decades, Google Smedley Butler. Too many still haven’t figured out that The parties switched positions and the evil that was in the Democratic Party now hangs around the neck of the Republicans. Will history write that we waited too late…
Got that right Jeri; since at least the nixonian-republican "Southern Strategy".
The system has a very good chance of survival when Co-conspirator No. 1's defense defense is being led by former campaign lawyer Justin Clark & former deputy white counsel, Patrick Philbin in the absence of Co-conspirator No 1's conviction in Georgia's on-going criminal legal proceedings.
"Deputy white" made me smile. I have an image of them ironing their sheets in preparation for a last desperate stand before they are dragged kicking and screaming into the 21st century. CC#1 easily identified by the orange stains around the eyes.
Thank you Gigi for noticing the Freudian slip; I am not sure Justin the " ... former deputy white [house] counsel" has any At-bats in the Major Leagues.
Ok, I give up. To which last important Republic do you refer? Or did you mean "This is how the last big important Republic in history GOES the way of the Dodo Bird"?
I believe the reference is to the Roman Republic which became the Roman Empire.
Christine, I don't know either.
According to the Smithsonian, Rome had a constitutional Republic for 482 years, in between a monarchy and imperial rule.
232 years, then...
ENTER SAWDUST CAESAR! (*)
____________
(*) Churchill's description of Mussolini. Only... the comparison's unkind to the Duce's memory.
TC, do you have a source for that 1836 event. All I can find is this 1844 log entry:
"𝐼𝑛 𝑇𝑜𝑢𝑟𝑜𝑛 𝐵𝑎𝑦 𝑖𝑛 𝐶𝑜𝑐ℎ𝑖𝑛 𝐶ℎ𝑖𝑛𝑎 (𝑡𝑜𝑑𝑎𝑦’𝑠 𝐷𝑎𝑁𝑎𝑛𝑔, 𝑉𝑖𝑒𝑡𝑛𝑎𝑚), 𝑃𝑒𝑟𝑐𝑖𝑣𝑎𝑙 𝑐𝑟𝑒𝑎𝑡𝑒𝑑 𝑎 𝑑𝑖𝑝𝑙𝑜𝑚𝑎𝑡𝑖𝑐 𝑖𝑛𝑐𝑖𝑑𝑒𝑛𝑡 𝑏𝑜𝑟𝑑𝑒𝑟𝑖𝑛𝑔 𝑜𝑛 𝑤𝑎𝑟 𝑖𝑛 ℎ𝑖𝑠 𝑒𝑓𝑓𝑜𝑟𝑡𝑠 𝑡𝑜 𝑓𝑟𝑒𝑒 𝑎 𝐹𝑟𝑒𝑛𝑐ℎ 𝑏𝑖𝑠ℎ𝑜𝑝 𝑎𝑛𝑑 𝑚𝑖𝑠𝑠𝑖𝑜𝑛𝑎𝑟𝑦 𝑤ℎ𝑜 ℎ𝑎𝑑 𝑏𝑒𝑒𝑛 𝑎𝑟𝑟𝑒𝑠𝑡𝑒𝑑. 𝑇ℎ𝑒 𝑠ℎ𝑖𝑝 𝑎𝑛𝑐ℎ𝑜𝑟𝑒𝑑 𝑡ℎ𝑒𝑟𝑒 ℎ𝑜𝑝𝑖𝑛𝑔 𝑡𝑜 𝑡𝑎𝑘𝑒 𝑜𝑛 𝑤𝑎𝑡𝑒𝑟 𝑎𝑛𝑑 𝑝𝑟𝑜𝑣𝑖𝑠𝑖𝑜𝑛𝑠, 𝑏𝑢𝑡 𝑡ℎ𝑒 𝐴𝑚𝑒𝑟𝑖𝑐𝑎𝑛𝑠 𝑚𝑒𝑡 𝑎 𝑐𝑜𝑙𝑑 𝑟𝑒𝑐𝑒𝑝𝑡𝑖𝑜𝑛 𝑓𝑟𝑜𝑚 𝑙𝑜𝑐𝑎𝑙𝑠 𝑤𝑎𝑟𝑦 𝑜𝑓 𝑤𝑒𝑠𝑡𝑒𝑟𝑛 𝑖𝑛𝑐𝑢𝑟𝑠𝑖𝑜𝑛."
https://ussconstitutionmuseum.org/2019/05/31/constitution-circles-the-globe/
Per Wikipedia Da Nang is also known as the "City of the Han River", a "well sheltered, easily accessible port" the name adapted from an earlier word "da pak".
Thanks for the link-didn't know about the World Tour.
"'Grab 'em by the p***y. You can do anything.' Today’s events indicated that, as president, he took a similar approach to the Department of Justice."
Brilliant!
To everything actually.
Rewarded behavior continues
Indeed, Cathy Mc, a principle of operant conditioning.