Posts Tagged ‘Trump impeachment’

THE OTHER F-WORD

On December 17, Senate Majority Leader Mitch McConnell (R.-Ky.) stated re the upcoming trial of impeached president Donald Trump, “I’m not an impartial juror.” On January 16, Chief Justice John Roberts swore in the Senate. McConnell pledged to “do impartial justice.” Anyone for cognitive dissonance?

Then McConnell doubled down. Before preliminaries this past Tuesday, he asked, “Can we still put fairness, evenhandedness and historical precedent ahead of the partisan passions of the day?”

Alas, fair is a word generally honored in the breach. Trump’s trial likely will be a great deal less than fair to the American people. Procedures and voting will reflect near-total partisanship. It’s a given that Republicans will acquit Trump.

Personally, I believe Trump’s phone call to Ukraine president Volodymyr Zelensky constituted abuse of his office for personal political gain. This calls for removal from office. But I stress the word believe.

Impeachment is somewhat similar to indicting someone in a criminal case, although it’s a political matter and involves interpretation of “high crimes and misdemeanors.” Still, an impeached president, like anyone indicted by a grand jury, remains innocent until proven guilty at trial. That’s fair.

Trial in the Senate roughly approximates a court trial although with major differences. It’s also political. And the 100 senators are not jurors like citizens summoned to render verdicts in criminal courts. Senators are not randomly selected but elected (or appointed) politicians. Prosecuting and defending teams cannot dismiss them at will (peremptory challenges, usually limited) or by showing cause( unlimited). Importantly, unlike criminal jurors, Senators vote on rules pertaining to the trial’s conduct.

Still, fairness demands that the Senate conduct itself according to criminal jury standards: Be open-minded, place the burden of proof on the prosecution, listen to and evaluate the evidence, put aside personal preferences.

So, in spite of what I believe, I consider Trump—whom, to be forthright, I find reprehensible—innocent until and unless the House impeachment managers make a convincing case. To be fair to justice, this may require witnesses and documents not available or requested during the impeachment process.

Citing the imprecise parallels with criminal trials, attorneys may call witnesses who did not testify before a grand jury. They and new evidence may clarify the case for either party by revealing truth.

Senator McConnell at best hedges. Republicans voted down Democratic-proposed amendments re subpoenas to secure new witnesses and documents now. The matter is tabled. Note that whether new witnesses and documents will help or hurt the impeachment management team remains open for discussion.

Still, Mitch McConnell wants to be fair—as he was fair to America by blocking a Senate hearing on Judge Merrick Garland, whom President Barack Obama nominated to the Supreme Court. According to McConnell, Obama had less than a year to go in his second term. A new president should have the right to fill the vacant seat. A sitting president in his last year should sit on his hands.

In the name of fairness, I propose a deal. Trump goes Scott-free without further prosecution. The Senate goes back to its regular business. In return, Trump, less than a year remaining in his term and no assurance of re-election, retreats to Mar-a-Lago and relinquishes the responsibilities of the Oval Office.

Given the integrity modeled by Mitch McConnell, nothing could be more fair.

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MY FATHER, THE SPY

Last week, Army Lt. Colonel Alexander Vindman testified before the House Intelligence Committee regarding the impeachment inquiry. Some guardians of the land of the free and the home of the brave suggested that LTC Vindman was not loyal to this country. My father faced the same accusation.

Vindman, a Jew, immigrated from Ukraine at three, grew up in Brooklyn and received a degree from elitist Harvard. All tip-offs. Commissioned as a second lieutenant, he swore to protect and defend the Constitution. No real patriot would be fooled by that. Twenty-two years in uniform? A combat infantryman’s badge? A purple heart? Deceptions.

As to my father Morris: When America entered World War Two, he sought to become an air-raid warden. A routine investigation followed. Someone accused him of having been a spy for Tsarist Russia before and during World War One. Made sense, I suppose.

In 1906, Dad arrived at Ellis Island with my grandparents from Poland, then part of the Russian Empire. He was 2-1/2 (whether he was smoking a cigar remains undetermined) and obviously impressionable. Also clever. He claimed he remembered nothing about Warsaw. He spoke fluent English (with a New York accent). Ruses.

In 1914, the Perlsteins became citizens just as the Great War sent Russia reeling and in need of all the assistance it could get. Citizenship obviously enabled my father, 11, to go deep undercover. His smokescreen included baseball—playing in the schoolyard and rooting for the Yankees and Giants.

Russia sought information about American intentions. And what revealed American thinking more than baseball? Was Yankees right fielder Doc Cook a favorite of young boys? Giants pitcher Christy Mathewson? Did immigrant fifth-graders, America’s future soldiers and mothers of soldiers, really prefer penmanship and learning times tables to working in the fields? Were they exposed to endless propaganda about the countries from which their families fled for better economic opportunities and safety, particularly after Jews streamed to these shores following the 1905 pogroms in Kishinev and Kiev?

More proof against my father: Excellent report cards and a bar-mitzvah in 1916. Beyond the shadow of a doubt, he lacked kinship with salt-of-the-earth Christian-American kids packed off to coal mines, stockyards, fields and factories.

Ridiculous? Sure. No one accused my father of being a Tsarist spy, although he did have to submit a lot of paperwork before becoming an air-raid warden in Queens. And for the record, his love of cigars started at 12.

But there’s a point to be made. Defenders of President Trump tend to go off their meds. It’s not that they refuse to believe that he withheld from Ukraine American aid appropriated by Congress until Ukrainian president Zelensky agreed to dig up dirt on Hunter Biden and his presidential-candidate father Joe. And investigate Ukrainian interference in America’s 2016 election, although U.S. intelligence agencies pointed the finger at Russia, and William Mueller got indictments on 17 Russians.

It’s that they prefer character assassination to facts. So some attacked LTC Vindman to make a point of their own: If you weren’t born on American soil to American parents, you’re suspect.

Where then does that leave First Lady Melania Trump, who came to America from Slovenia in 1996 at age 26? I take her loyalty for granted. Does that make me, a native son, disloyal?

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ROBERT MUELLER AND BIG TRUTH

What do the Mueller Report and David Perlstein’s latest book, Big Truth: New and Collected Stories, have in common? A great deal.

Mueller, looking into a possible Moscow-Donald Trump connection, searched for “big truth”—something that might shed light on what happened. Although he didn’t find a smoking gun, he discovered many “small truths” to which attention must be paid.

David, too, finds big truth elusive. So his new volume of 25 stories, substantially shorter than the Mueller Report, puts a spotlight on small truths—some reassuring, many painful.

As to Robert Mueller, he spoke last Wednesday when he announced his retirement from the Department of Justice. Mueller repeated what he wrote in his painstaking if heavily redacted report. Hearing it from his mouth amplified the message: Mueller’s team did not recommend an indictment against Trump because DOJ’s long-standing policy prohibits that. Likewise, if he could have cleared Trump of wrongdoing, he would have. But he could not.

Here, one of David’s small truths comes into play: Read between the lines (although the space between these is large enough for big truth to peak out). Mueller’s task was not to get Trump but to gather facts. This led him to indict many Russian military operatives along with Americans, including Michael Flynn, Paul Manafort and Michael Cohen.

Not-so-small truth: DOJ policy gave Trump a free get-out-of-jail card. Indicting a sitting president was off limits, so Mueller never considered doing so. Kind-of-obvious truth: If Trump is to be brought to justice for ties to Russia and/or obstructing Mueller’s investigation, that authority rests with Congress. More in a moment.

What about Attorney General William Barr? Mueller’s message conflicts with Barr’s, who stated that the special prosecutor informed him that the DOJ guideline had nothing to do with Mueller not charging Trump. That seems to be news to Mueller. Good-size truth: Barr has dissembled from day one.

A Russia hoax and witch hunt? On Thursday, Trump tweeted: “And now Russia has disappeared because I had nothing to do with Russia helping me to get elected.” So Russia did interfere in the election, according to Trump. Yet he’s denied that from the outset. Damn-close-to-big truth: the Mueller investigation, as Mueller reiterated, was legitimate and of great national concern.

Back to Congress. Many Democrats want to impeach. Democratic leadership is hesitant. For Senate Republicans, nothing short of Trump’s shooting someone on Fifth Avenue—Trump once bragged he could get away with that—would produce a guilty plea.

Small (humble) truths from David: Impeachment may be nearing. But why rush? Information gathered and aired by Congress can sway enough public opinion to make a broad case for impeachment even if conviction defies the odds. New York State made it easier for Congress to obtain Trump’s state tax returns. If financial ties with Russia are found, some Americans who voted for Trump may wake up and smell the coffee. Democrats who sat out the 2016 election and third-party voters may see how important it is to step up and vote for the Democratic candidate.

Life’s complicated, so Big Truth asks questions instead of providing answers. You’ll find funny stories and serious ones and maybe enough small truths to keep you going through the 2020 election. Get it at Amazon or other print and digital sources.

You’re invited to my party launching Big Truth: New and Collected Stories—Sunday, June 9, 3:30–5 pm at Lokma Turkish restaurant, 1801 Clement Street at 19th Avenue, San Francisco. Yes, you can buy a copy, which I’ll sign. RSVP with number in party: dhperl@yahoo.com.

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