“Fahgettaboud” No Obstruction. House Probes Will Continue To Vex Trump

Funny thing about the law. One person’s lie to obstruct an investigation can be another’s chivalrous obfuscation to conceal an infidelity. One person’s suggestion that all the evidence is not yet in to prove innocence or guilt can be another’s hand-washing conclusion, “no foul, no crime.”

Perhaps Melania really does love him. Or maybe she loves the bank account that goes with him. Could be she has a forgiving, and forgiving, and forgiving, heart. Or maybe, like so many who cast aside a disapproving eye as they watch their retirement accounts soar with the stock market, Melania is comforted by the growth of her personal fortune. 

The charade has gone on too long for me to assume anything less than her deep-throated complicity. 

What can we expect next? Democrats won’t accept Attorney General William Barr’s and Deputy A.G. Rod Rosenstein’s assessment that no obstruction occurred. They will continue their House investigations. 

Trump will crow daily there was no collusion and no obstruction. By summer’s end, at the very latest by New Year’s Day, he will pardon all whom Mueller indicted: Michael Flynn, Roger Stone, Paul Manafort, Rick Gates, Alex van der Zwann, Richard Pinedo and Konstantin Kilimnik, but not George Papadopoulos as it was his loose lips that unleashed the two year-plus investigation into Trump’s campaign and presidency. Only Stone has yet to be convicted or plead guilty. 

You can rest assured Michael Cohen will not receive any clemency. 

One takeaway from the Mueller investigation—lying to a federal official, be it the FBI, a grand jury or Congress, is a crime. Lying to the American people, or your wife, or a reporter, is not. You can go to jail for the former. For the latter, you could lose an election, that is, if the American people have sufficient brain power to care for the sanctity of our nation’s founding principles. 

According to Barr, Special Counsel Robert Mueller reached no conclusion on the question of obstruction of justice. Barr and Rosenstein did, finding no obstruction happened. Perhaps they reasoned that since Mueller found no evidence of collusion with Russia to undermine the 2016 election there could be no obstruction. It is a simple math problem: nothing times something results in nothing.  

In New York lingo, “fahgettaboud” Trump asking FBI Director James Comey to go easy on Flynn, or firing him when he wouldn’t, or firing his successor Andrew McCabe, or continually undermining the credibility of the special counsel and his team. Fahgettaboud Trump openly admitting on television to NBC’s Lester Holt that he fired Comey because of the Russian investigation. 

We cannot say we weren’t warned Barr would take Trump’s side. In a 19-page memo to Justice Department officials prior to his appointment as attorney general, Barr said the Mueller probe was off-base. “Mueller’s core premise―that the President acts ‘corruptly’ if he attempts to influence a proceeding in which his own conduct is being scrutinized―is untenable,” Barr wrote.

These are times of strange judicial doings. There have been a string of not guilty verdicts in cases of policemen shooting, mostly killing, unarmed or non threatening men of color. And just as I was completing this blog prosecutors in Chicago dropped all 16 charges against the actor Jussie Smollett for allegedly faking his own racial and homophobic assault. No reason given for their action. Chicago’s mayor and police chief are justifiably outraged. 

Seeing the Future But Not Always the Present

I watched or listened on the radio to 90% of Michael Cohen’s Wednesday appearance before the House Oversight and Reform Committee. The most significant part I missed was Cohen’s closing statement. Here’s how John Dean, White House counsel under Richard Nixon and the man who famously told him that the Watergate coverup represented a “cancer” growing on the presidency, described Cohen’s parting words: 

“He thanked the members, and again accepted responsibility for his bad behavior. He then told the legislators, ‘Given my experience working for Mr. Trump, I fear that if he loses the election in 2020 that there will never be a peaceful transition of power, and this is why I agreed to appear before you today.’ This was the most troubling—actually, chilling—thing he said in his five hours before the committee.” (https://nyti.ms/2XzehH8)

I couldn’t agree more. But I was not surprised by Cohen’s dire prediction, as back on January 30 I postulated the same possibility, er, probability. Here’s how I put it: 

“But with 2020 looming and his polling numbers down, Trump is now in a position to do real damage to the republic should he lose reelection. He would continue, after all, to be president for more than two months until January 20, 2021, a lame duck in name but not in power to respond to emergencies. 

“It is not a far reach to think Trump would invoke executive powers to declare a rigged election created a national emergency. Consider the border wall contretemps a potential test case before the Supreme Court of his authority to enact executive rule.” (http://nosocksneededanymore.blogspot.com/2019/01/trumps-next-constitutional-crisis.html)

I take no pleasure in being among the first to counsel wariness about our democratic future. But it is reassuring to know others are similarly pre-occupied. I only hope they are preparing plans to insure my forecast does not come true. 

Wannabe-in-Chief: His detractors have likened him to a would-be dictator, what with his cozying up to actual despots like Vladimir Putin and Kim Jong-un, taking their word over the conclusions of his own intelligence agencies and diplomatic corps. 

But now, Donald Trump has added multi-hour oratory to his autocratic repertoire. Appearing at CPAC, the Conservative Political Action Conference,  just hours after flying home from a fruitless summit in Hanoi with the North Korean potentate, Trump emulated authoritarian leaders like Fidel Castro in delivering a two hour-plus highlight reel review of his campaign, presidency and bouts with unsatisfactory staffers and runaway investigators (https://www.vox.com/2019/3/2/18247712/trump-cpac-bizarre-rant).

Sadly, Trump’s performance was not the most troubling part of CPAC. Rather, it was the fawning, sycophantic, hyperbolic approval he received from an audience that in the past cherished American values but now has been hoodwinked by a wannabe absolute monarch. 

My Blindspot: Of course, my vision is not perfect. Case in point—For more than 30 years I had my hair cut at Young & Classy, a salon on Central Avenue in Scarsdale. After Young & Classy closed down more than a year ago my haircutter Rosie moved to a different salon. I followed her there.

A few months ago Gilda accompanied me. While I was getting my hair washed Rosie told Gilda that the spa and massage parlor next to the Young & Classy location was raided by police because it turned out to be a front for a den of illicit sexual activity. Throughout the day men could be seen coming and going from the storefront next door. 

Who knew? Who knew that right next door, while I was getting shorn, other men were getting…pleasured? 

Illegal massage parlors have been in the news a lot lately, since the arrest of Robert Kraft, owner of the seemingly perennial Super Bowl champion New England Patriots, as part of a roundup of patrons. Kraft denies soliciting sexual activity while a customer of Orchids of Asia Day Spa in Jupiter, Florida. 

Sexual indiscretion of another kind, the extra-marital kind, has engulfed another billionaire, Jeff Bezos, founder of Amazon and the world’s richest human. His affair and breakup of his 25-year marriage have become fodder for tabloid journalists and, to his extent the actions could have an impact on Amazon’s businesses, also for mainstream news outlets (https://nyti.ms/2EIX9qP).

In case you’re wondering, here’s why I have not previously commented on Amazon—unlike many other retailers, I met Jeff Bezos only once or twice. Actually, to say I met him would be a stretch. I was part of a large press and securities analyst pool. Basically, the only takeaway I have from Bezos is the sound of his laugh. It is among the strangest noises one could hear. It is more than a hacking sound. It is loud. It reverberates. There is nothing infectious about it. Were it not for his billions and his obvious brilliance there would be multiple reasons to distance oneself from the sound. 

Yes, Michael Cohen Is a Convicted Liar, But "Rats" Are Often Used to Take Down Crime Bosses

Throughout his examination by Republican representatives Wednesday, Michael Cohen was called a convicted liar. All true. Since he was a convicted liar, their reasoning went, he was not to be trusted, that what he was testifying about Donald Trump’s failings could not be believed. Several GOP interrogators based their disdain for his credibility on their experience as district attorneys or positions in law enforcement. 

They were mimicking the comments of their don, Trump, who has labeled Cohen a “rat,” a moniker often used by organized crime figures to describe a turncoat, someone who provides evidence on the inner workings of the mob. 

Which got me to thinking about the Mafia and how the authorities have been able to topple many crime families. Take, for example, a kingpin of the Gambino famiglia almost surely known to fellow New Yorker and Queens boy Trump—John Gotti. Gotti was brought down by the testimony of one of his henchmen, Salvatore “Sammy the Bull” Gravano. Despite confessing to involvement in 19 murders, Gravano had enough credibility to sway a jury to convict Gotti.

Other instances of felons revealing the scope of illicit activity are numerous, the most recent being witnesses during the trial and conviction of drug lord El Chapo, Joaquín Guzmán Loera. In other words, DA’s and cops rely on liars, murderers and felons of all stripes to convict crime bosses. Here’s a link to some other prominent cases: https://aboutthemafia.com/tag/mafia-rats

Go ahead, Republicans, impugn Cohen’s conviction for lying all you want. Significant from Wednesday’s hearing was the fact that not one Republican defended or denied the substance of the claims against Trump, other than Mark Meadows assertion that he never heard Trump make a racist remark (Meadows, himself, was revealed to have made a racist comment about President Obama: https://www.usatoday.com/story/news/politics/onpolitics/2019/02/28/mark-meadows-2012-vow-send-obama-to-kenya-resurfaces/3013304002/).

Cohen’s appearance before the House Oversight Committee was a loooong opening act in what may ultimately be the first scene of an impeachment procedure. To go forward the House would have to hear corroborating testimony from Trump’s chief financial officer, Allen Weisselberg, and others Cohen claimed had knowledge of misdeeds by Trump as candidate and now president. 

It’s a long shot, at best. An even longer shot that the Republican controlled Senate would vote to convict. Best case scenario for Democrats: contentment with more hearings that expose Trump grifting. 

Meanwhile, a wounded Trump—a twice wounded Trump now that North Korean leader Kim Jong-un has denied him any hope of a Nobel Peace Prize by rejecting Trump’s denuclearization deal—will be explosive in his battles with Democrats. Whenever cornered by facts, Trump attacks with innuendos, lies and threats. He is sure to unleash a blizzard of tweets.

Speaking of blizzards, it might snow again tonight in White Plains, though not much more than a dusting. So far this winter I’ve used my snowblower just once. 

Lots of other municipalities, some places you’d hardly expect, have been inundated with snow. Tucson provides an example of how locals are reacting to the uncommon: https://www.weather.com/storms/winter/video/tucson-police-investigate-strange-white-powder-falling-from-sky?pl=pl-the-latest. Enjoy!

Concentrate on Five Key States While Barr Considers What To Do With Mueller Report

Wisconsin. Florida. Ohio. Michigan. Pennsylvania. 

Let me say it another way: Michigan. Ohio. Pennsylvania. Florida. Wisconsin. 

Perhaps you misunderstood. Let me try again: Ohio. Wisconsin. Pennsylvania. Michigan. Florida. 

Drum those states into your brain cells. Nothing matters but Florida. Pennsylvania. Ohio. Wisconsin. Michigan. 

The road to 270 electoral votes goes through Pennsylvania. Michigan. Florida. Wisconsin. Ohio. 

Any candidate too radical to appeal to voters in those five states will not flip the White House from red to blue. That is the ultimate goal in 2020. Hillary lost Michigan, Pennsylvania and Wisconsin by a combined 77,744 votes; Florida by 112,911, Ohio by 446,841. Surely a centrist, even a slightly left of center, Democrat should be able to secure sufficient votes in most if not all of those states to thwart Trump’s reelection. 

Forget devising a southern of sunbelt strategy (https://nyti.ms/2NqR591). If those five states, particularly Pennsylvania, Wisconsin and Michigan, cannot be won by the Democratic nominee, there is no reason to support the party.

Will the full Mueller report be released? As has been reported by the press and me, Attorney General William Barr has no binding obligation to release the full report from Special Counsel Robert Mueller. He may well decide to keep to himself the name(s) of anyone Mueller does not recommend for prosecution. As it is believed Mueller adheres to the doctrine that sitting presidents cannot be indicted, that means Barr could quash any hint from Mueller that Donald Trump is part of any Russian corruption of our election system and government. 

Sure, Congress, specifically the Democratic controlled House, could try to subpoena the full report, but there’s a subtler issue at play here. The House is not looking for an actual indictable crime, so to speak. It is interested in impeachable offenses. And those may well be part of Mueller’s report, leaving Barr with a dilemma. 

Is his loyalty to the Constitution greater than his loyalty to Trump? In the last two years we have witnessed too many cases of men and women who have shed principles and morals to sanction the grifting and greed of an unworthy, ill-spoken demagogue who has trampled on national and international institutions in support of despots and racists. 

Will Barr join their ranks or will he uphold the oath of office he took to support and defend the Constitution and the republic?

A friend pointed out Michael Cohen, prior to his testimony Wednesday before Congress, might reveal some illegal acts by Trump but they wouldn’t rise to the level of high crimes and misdemeanors. To which I replied, “Impeachment is a political, not legal-based, act. House would impeach but Senate would not convict at this time.”

Then I tossed out this hypothetical: “But I wonder if Trump would resign if it meant secrets of his empire and dealings would remain secret. Doubtful, but sure to be speculated by some pundits.”

Crazy, no? But it could happen. 

Facing Up to Mistakes

Have you ever made a mistake at work? Perhaps you are an accountant and you put an extra zero at the end of a number or placed a decimal point one column to the right. Or maybe you are an attorney and failed to file a motion in a timely manner. Or you are a shipping clerk who sent a package to London, England, instead of London, Ontario (that last one is a homage to All in the Family and the reason Archie Bunker did not get a Christmas bonus one year and thus could not buy Edith the vacuum cleaner she desired). 

The point is, people make mistakes, and so do computers if they are programmed incorrectly by humans, of course. No matter how many levels of review an organization has, human error cannot be totally eliminated. 

Try talking out loud for several straight hours a day without fumbling your words. Naturally, you will mispronounce some words. But when I refer to fumbling I mean something far more sinister, far more detrimental, to your societal position and ambition. 

In the age of instant mass communication any gaffe, any untoward remark, may be blown up out of proportion to your intent. The tragedy, the threat to our civil and political comity, and potentially our democracy, is that it usually is. 

Did Hillary’s “basket of deplorables” comment cost her the election? Didn’t help. Howard Dean’s outburst of enthusiasm after the Iowa caucus in 2004 surely blew up his presidential hopes. In 2006, George Allen got caught on a cell phone camera calling one of his opponent’s campaign trackers a “macaca” (monkey). It submarined his re-election bid as a U.S. senator from Virginia. 

Which brings us to a recent brouhaha over an erroneous news report. I classify it as a “brouhaha” not to discount the culpability of the media, in this case, NPR, but rather because when journalists make mistakes they are held to a higher standard than politicians who regularly and deliberatively lie. 

NPR screwed up in a report linking Trump ex-attorney Michael Cohen’s plea deal confession to testimony Donald Trump Jr. provided to the Senate in 2017. NPR alleged Trump lied to the Senate about the family’s business plans in Russia. NPR issued a correction shortly thereafter. https://www.foxnews.com/politics/npr-issues-correction-after-falsely-accusing-trump-jr-of-being-in-legal-jeopardy-for-lying-to-senate.amp

But admitting its mistake did not stop right wing journalists and Web sites from excoriating NPR. Indeed, a Google check of “NPR Donald Trump Jr.” finds that the top sites covering this faux pas were Sputnik News, The Daily Wire, The Daily Caller, Breitbart, RT.com, National Review and The Federalist. It is a conservative onslaught when the most objective site I could cite was Fox News.

Only Trump Sr. seems immune from fallout from vocal flatulence. Indeed, his base laps up his lies and libertine lewdness. Of course, foreign governments and independent entities such as the stock market are not necessarily impassive to Trump’s discordant trumpet. Here’s an article from The Washington Post highlighting the chaos from Trump’s erraticism: https://www.washingtonpost.com/politics/chaos-breeds-chaos-trumps-erratic-and-false-claims-roil-markets-again/2018/12/04/824506fa-f7ff-11e8-863c-9e2f864d47e7_story.html?utm_term=.0681c19ad319.

The PC police long ago lost the war with Trump. But the PC police remain vigilantly active when it comes to Trump’s detractors. Eric Holder and Hillary Clinton are held to a higher standard. As is The New York Times. 

Back in September The Times published an erroneous report that U.N. ambassador Nikki Haley had spent lavishly on draperies for her official residence in a high rise building near the U.N. The Times apologized for the error and issued a correction stating it was the Obama administration that authorized the purchase. 

In no other profession are mistakes as publicly acknowledged as they are in legitimate journalism. 

I made my fair share of mistakes as a reporter and editor. My most egregious mistake was not one of fact but of judgment. After a particularly negative experience trying to buy an electric snow shovel at a now defunct local home center chain, I avenged my treatment by recounting the details in the editor’s column of the next issue of Chain Store Age. I not only named the chain but also the store manager. I overstepped the bounds of civil criticism. In the next issue I apologized.

My most amusing mistake was printed on the cover of a December 1992 issue profiling retail industry entrepreneurs of the year. Chain Store Age partnered with Ernst & Young as part of the latter’s national all-industry program to recognize corporate leaders.

From the 29 retailers selected as winners that year, we chose to put Randy Acton, president of U.S. Cavalry, on the cover. U.S. Cavalry, now part of Galls LLC, sold military and law enforcement apparel and accessories. 

For the cover shoot Acton dressed in a military camouflage outfit, helmet and all. The headline read, “Soldier of Fortune,” under which we printed, “Randy Acton, president U.S. Calvary.”

Did you catch the mistake? I didn’t, until I received a thank you note from Randy. He gently pointed out his company was U.S. Cavalry, not U.S. Calvary.

Jesus, what a mistake that was!

Imagine If Trump Were Jewish and Had to Seek Forgiveness for His Offenses

Come Sunday at sundown Jews the world over begin a 10 day period of inner reflection. Starting on Rosh Hashana, the Jewish new year, and culminating on Yom Kippur, the day of atonement, the time is known in Hebrew as “aseret yemai teshuvah,” the 10 days of repentance. 

Just imagine if Donald Trump were Jewish. And orthodox. I know it’s farfetched, but who would have thought Ivanka would convert and be orthodox. 

Anyway, I bring this up because with the onset of Rosh Hashana many Jews engage in a repentance practice called “mechilah.” 

As no one is immune from a fall from grace, particularly as it applies to our dealings with other human beings, mechilah provides a custom to seek and obtain forgiveness from those you might have offended, knowingly or unwittingly, over the previous 12 months. 

Prayers and acts of repentance for transgressions against god’s commandments may secure divine forgiveness. But wrongs committed against another person require two-step absolution. God alone does not grant forgiveness for interpersonal failures. Only the person one has offended can absolve the transgressor before god may intervene. 

So Jews go around asking for mechilah, for forgiveness. 

Return now to the opening premise. Just imagine how peripatetic Trump’s next two weeks would be if he had to seek forgiveness from all he had offended in the last year. 

Where to begin? John McCain? Too late. But there are plenty more on his list from whom to solicit forgiveness. 

Jeff Sessions would be at or near the top of the list, as would Omarosa. Michael Cohen, for sure. Long time favorite target Hillary Clinton would be joined by his new Twitter and campaign rally foil, Maxine Waters. 

A special corner of his list would be dedicated to law enforcement and the intelligence community. Robert Mueller. James Comey. Andrew McCabe. Peter Strzok. Lisa Page. John Brennan. James Clapper. Bruce Ohr. Rod Rosenstein.

Politicians, both domestic and international, engendered Trump outrages in the last year: Jeff Flake. Bob Corker. Chuck Schumer. Nancy Pelosi. Theresa May. Angela Merkel. Kim Jong-un. Justin Trudeau. Of course, a special  measure of forgiveness would be asked of the as yet unknown administration insider and member of the “resistance” who contributed an anonymous, scathing depiction of the Trump presidency to The New York Times. 

Then there are the journalists who have vexed Trump to public insult: Carl Bernstein. Don Lemon. Jim Acosta. Joe Scarborough. Mika Brzezinski. Bob Woodward. 

Since the U.S. Supreme Court ruled in Citizens United that corporations are people, Trump would also have to seek mechilah from Google and Twitter, from Amazon, The New York Times, The Washington Post, CNN. 

Mechilah is generally expected to be a one-to-one forgiveness ritual. But in Trump’s case, perhaps a communal approach might be in order as he seeks mechilah from all Mexicans and from all the Latino families he traumatized by forcibly separating children from their parents when they sought asylum entry into the United States. His disparagement of the Muslim community, at home and abroad, also calls out for forgiveness.

But perhaps the most deserving recipient of Trump’s mechilah plea would be the American people, their values and their institutions which Trump has dishonored and abused time and again. 

We cannot expect our leaders to be perfect. But as was said of John McCain in a tearful eulogy by his close friend Lindsey Graham on the floor of the Senate, “He taught me that honor and imperfection are always in competition. I do not cry for a perfect man. I cry for a man who had honor and always was willing to admit to his imperfection.” 

McCain would be considered a “ba’al teshuva,” a master of repentance. You don’t have to be Jewish to earn that honorific.