Thursday, December 31, 2020

Tremble, thou wretch

"Tremble, thou wretch,
That hast within thee undivulged crimes
Unwhipped of justice." – King Lear, King Lear by William Shakespeare

*

"The quality of mercy is not strained.
It droppeth as the gentle rain from heaven
Upon the place beneath. It is twice blessed:
It blesseth him that gives and him that takes.
'Tis mightiest in the mightiest." - Portia, The Merchant of Venice by William Shakespeare
 

What's your choice for the villainous DJT? The heavy whips of justice? Or the gentle rain of mercy? You can guess how LSR feels.

Some think it's a dilemma, but it shouldn't be. We are a nation of laws, and no one is above the law. Not no one. Not even the president. He is a criminal on so many levels! But there's a heavy, heavy political blanket wrapping it all up, and it's more complicated than it should be. 

A few presidents have broken the law in pursuit of policy, and none of them faced prosecution. But not one of them has been as criminal as the Commander-in-Cheat. To do nothing would encourage future ne'er-do-wells. 

For your reference, here are some lists of wrongdoings and crimes that the criminaliest president in history has committed. It's dizzying to think about all the wrong he has done. 
The Case for Pardon/Non-Prosecution

The biggest argument made in favor of Biden's pardoning 45 for his crimes while president*, or at least not seeking prosecution. is that we should not be a country that prosecutes political enemies. That's valid, but it's not entirely applicable to this case!

"Movin' on"
Essays like Michael Conway's on NBC, calling for a pardon in the name of "unity" and "healing," appeal to my Pollyanna heart. Oh, wouldn't it be great if Biden showed the gentle rain of mercy and pardoned him and all would be right in the world? We could hold hands, have a Kumbaya moment, and have a big group hug. Forgive and forget!

Yeah, right.

One of Conway's suppositions for issuing a pardon is that in accepting a pardon, Cheeto Benito would be admitting to wrong-doing. Except that this supposition is nebulous, and BLOTUS certainly wouldn't agree, nor would his sycophants, so it's moot. He certainly would not admit anything. And even if he did, an admission is not going to heal us. This is a piss-poor premise for a pardon.

Columnist Randall Eliason writing for WaPo makes the flawed argument that many of his wrongdoings weren't really illegal, so we should let it pass, and that somehow the social and political "punishment" of being voted out of office and being considered a disgraced president is enough. 

Sorry, Mr. Eliason. It's not enough for this resister. 

Writing in the New York Times, Eric Posner's rationale for not prosecuting 45 is a little more bleak. In discussing the obstruction of justice in the Russia investigation or the Ukraine quid pro quo, he suggests that it goes toward constitutional latitude for a president to do the things he did, and a judge would be loathe to rule on an issue that is constitutionally hazy. Also, there's a lot that would be hard to find evidence for. Corrupt? Hell yes. Prosecutable? Questionable. Acquittal would mean more fodder for his victimhood. By not prosecuting at all, Posner suggests the oxygen will be sucked out of 45's martyrdom.

"We do not prosecute political rivals"
It's true that we should not be a nation that appears to prosecute political opponents for political reasons. There's a danger in that. But holy jeebus 45's actions went beyond the pale! For most of us, this is obviously not a political prosecution but a criminal prosecution. Period.

"Just a misting"
In reality, a pardon like Ford's for Nixon ("for all offenses against the United States which he, Richard Nixon, has committed or may have committed or taken part in during the period from January 20, 1969 through August 9, 1974") for a man like SCROTUS, would be a but a misting of mercy over a huge waterfall of culpability. 

For one, Biden can only pardon federal crimes. And if he followed Ford's precedent, the pardon would be only for crimes committed while president. We all know there are many, many other crimes. SCROTUS has been committing crimes all his life. He has committed crimes before he became "president," and he will continue to commit crimes after he is "president." To pardon him for the stuff he did 2017-2020 would not preclude prosecution for a slew of other crimes. We know that New York State has ramped up their investigation into DJT and the family's organization.

Secondly, if he pardons for crimes only committed while president, it frees up the DOJ to investigate for many other crimes committed before 2017, such as tax fraud.
 
And here's the thing: the Constitution states that pardons cannot be issued for impeachments. The Mango Mussolini stands as having been impeached for obstruction of justice and abuse of power. Article II of the U.S. Constitution is clear: "[The President] shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment." He can't be pardoned for those crimes. Whether prosecution is pursued or not is another question. (Side note: Even if he were to pardon himself, and that ability is highly questionable, he could still could not pardon himself for the offenses for which he was impeached). 

"Do it, and we'll make you pay"
Another argument for a pardon or non-prosecution is that if the DOJ pursues prosecution, Republican backlash would be too great for Biden and it would be difficult to do any of the important things that he needs to do. But won't the Grand Obstructionist Party, if they control the Senate, do that anyway? 

If he were to be pursued, he'd act like a trapped tiger. His go-to response to attempts at leveling consequences: hit back hard, or better yet, hit first. He has gotten away with escaping from lawsuits in the past by attacking his attackers and scaring them off. He won't go down easily. It worked well for him in civil cases, but will work less well for tough-as-nails prosecutors. The trouble is, Twitler has armed supporters, and prosecution could be met with dangerous opposition. Should we be a nation shaped by mob rule? No. But we cannot ignore the possibility of violence.

"Moot City"
Of course, all of the above would be moot if King Fear resigned on January 19 and had President Pence pardon him. That is a real possibility. Others agree with my prediction, like New York Attorney General Letitia James (D). If he did so, he could slink away to Mar-a-Lago, avoid the inauguration, and get a pardon all in one fell swoop! 

In the end, if Biden did pardon Donny in the manner that Ford did for Nixon, for any and all crimes committed while in office, he could indeed show the world he is truly merciful, a healer. This may be good for the nation: he would not appear to be persecuting political enemies; it would free up the Department of Justice to do other work; it would be a step toward healing the nation, and it would not be the be-all-end-all of justice. 


The Dangers of Pardoning

There is danger in setting the precedent of not going after outright criminal behavior. It will simply embolden future bad actors. After this election, we know that a large portion of the U.S. voting population is ok with a despot. And with the oligarchic/authoritarian/tyrannical mindset of those currently in power on the right (eg, 126 House Republicans who conspired to commit sedition), what happens in 2024 or beyond could be even worse. Millions voted for a despot. If we give Hair Furor a pass now, what will the next corrupt – and smarter – president try? We might as well not have laws at all. 

And think of all of 45's pardons that came down last week, with probably more to come before January 20. Talk about corruption! If we let him off, we open the door to when another bad guy comes to power, he can surround himself with people who know he will pardon them. They'll all be above the law. (Which begs the question a whole topic unto itself: should we reform the ability of the president to give pardons at all?)

Without consequences for this bad guy, other bad guys would simply be emboldened to do more bad things. The Repugs have been doing bad things for a very long time. Their crimes must be called to bear justice. 

The dangerous precedent that Ford set in pardoning Nixon got us into this predicament. That act led to this president* flaunting the law for his own gain. It's eerie that it's all the same players that have been scheming: Roger Stone, a sumabitch who idolized Nixon – right down to emulating Nixon's famous outstretched peace signs and a Nixon tattoo across his back. Roger Stone cut his dirty-tricks teeth during the Nixon years. And then there was Roy Cohn, the mafia lawyer who also advised Richard Nixon. Cohn was a major player in Nixon's games as well as 45's, and though he died before the 2016 election, his stench still graces Donny's boots. Cohn's ghost was very much alive during the last several years. 

It's a dangerous proposition to simply move on from the last four years.


The Case for Prosecution

The Rule of Law
The best reason for prosecution: We are a nation of laws. He did damage to our nation. He did damage to our democratic ideals. He should be held accountable. 

It would be ridiculous and untenable to let all of his crimes slide. Even if it was politically expedient and "healing," the sheer volume of crimes is unable to be ignored. This is the most criminal president we've ever had in our history. The crimes he committed are really bad-uns, and were not of the garden-variety presidential "stretch the law for the perceived good of the country," these were all crimes for his own benefit. He should obey the rule of law, goshdarnit!

Prosecution of this "president" wouldn't be a political act, it would simply be a legal act. If others see it that way, then that's too bad. He acted objectively illegally and should be treated objectively according to the law. 

Many on the right will cry and moan, but we have to ignore the noise. There may be political fallout, but what's right is right. He broke the law under the color of authority. Period. Meuller brought some out to the open. The House indicted him on others. Let our third branch of government weigh in.

Clear and Present Danger
One of the purposes of criminal justice is to remove a danger from society. This man is a huge danger. If he doesn't go to jail, he will have more chances to damage our nation further. We know he monetizes every position he is in. He's in debt to the tune of $400 million to who-knows-who. He has knowledge of many state secrets that are valuable. He doesn't care about the country; he only cares about himself. All of this adds up to one dangerous cocktail. We simply must put him away so he can't do more harm. 

And! You wanna talk political danger? There is a political cost to "playing nice," which unfortunately the Democrats are all too familiar with. The GOP does not act in good faith. If the Democrats decline to prosecute as "an act of good faith," they are just asking to be cuckolded again. Grow a pair, Dems!


Threading the Needle: Multiple Methods

What if we walk this tightrope by leaving alone the crimes while president and go after him for all the rest? Congress took up impeachment and acquitted him; let's put that aside as an "adjudicated" case. There is plenty else to get him on.

Do nothing
Biden should definitely not pardon him, but maybe he should not refrain from directing his DOJ, period. He shouldn't direct them to investigate and prosecute, but neither should he inhibit them. That way, Biden gets to be a healer, it doesn't appear to be a political move, blah-blah-blah, and the DOJ can work independently in doing their job. Which is what they are supposed to do.

If that's not nothing enough, and if using the DOJ to investigate is too fraught, then let's have an independent body investigate. Appoint a special counsel. Have prosecutors outside the DOJ have the reigns, and it becomes non-political. 

The tincture of time
Time may be a way to get him ...eventually. When he continues to commit crimes, when he fades from view and from memory, and when his MAGAts start to not care about him any more. Maybe then, if statutes of limitations have not run out, he can be prosecuted for the crimes he has committed while president*. Given that he is not going to change his ways, there will undoubtedly be new crimes to prosecute. 

Comparing to another odious figure in our history: Joseph McCarthy. McCarthy was widely admired by many back in the day. In fact, his polls while in office were better than 45's. Here is a Gallup poll showing his numbers, and here is a Washington Post piece analyzing the poll numbers between McCarthy and the Tangerine Palpatine. Today, McCarthy's name is universally met with disdain as the abhorrent person that he was. The tincture of time may help millions of others who have been temporarily blinded.

And it's already happening. They are moving on. Recently in The Los Angeles Times: Letters to the editor defending Trump almost don't exist anymore. 

Prosecute him for his all his other crimes
This is a man with a singularly heinous history of crimes. He was a criminal before he became president, he was a criminal while he was a president, and there is no reason to doubt that he will be a criminal when he is no longer president. If we don't go after him for crimes while president, there are plenty of other crimes to get him on. 
  • Let's let New York State get him. He and the TЯUMP Organization are both under investigation in New York for bank, tax, and insurance fraud. 
  • Let's get him on taxes. Most tax crimes have a statute of limitations of six years, and if we act right away, we can get Darth TaxEvader for his tax crimes for 2015-2016. His tax crimes are black and white. They are current. They are not political. They are dull and dry, plenty uninteresting to the millions of MAGATs out there. Evidence abounds (thank you, New York Times!), and the only "witnesses" are numbers on the page. There's not many ways in which his sycophants can defend tax crimes. He's basically a mobster, after all. Famously, Al Capone was not prosecuted for his gangster crimes. What sent him to prison was tax evasion. 
  • Let's support the women in their civil and criminal cases against him for the dozens of sexual assaults he committed. Those will be done in civil court and at the state level. Civilly: get him where it hurts - in the wallet. Criminally: put him in jail for the harm he has done to women. 
  • Let's impeach him again. There is nothing that says that impeachment can't happen after a person leaves office. If convicted by the Senate this time, we would at least enjoy his “disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States.” 
  • Let's encourage and support civil cases. There are tons of civil cases that the DOJ can't touch one way or the other. Nor would a pardon. Let's let those play out. 
  • Let's bet that state investigations uncover other federal crimes. If there are new crimes uncovered, and he doesn't have a blanket pardon, then it would be hard to ignore them. 
  • Let's look at the bigger picture. We true crime junkies know that there are often crimes where investigators and prosecutors know the suspect is guilty, but there isn't enough evidence to prosecute. Or foregoing prosecution for one crime might actually help the prosecution for another crime. There may be some benefits – frustrating as it is – for we the victims to drop one case to pursue another. Perhaps Biden could issue a pardon for a narrow set of crimes and then let the rest play out like they are supposed to.
  • Let's wait, ummm, maybe 24 hours. We'd just have to wait maybe a day, max, before he crimes again. He can't help it. He's a criminal. We just wait.
  • Let's go after all of his associates. There be lots of 'em. This would be a strong message to future conspirators: You will be held accountable.
  • Let's go after his kids. The Don could issue pardons for his children, but it's not likely that he can issue a blanket pardon for them. In order for him to pardon them, he would have to lay out the crimes that they committed. He won't do that. It opens too many cans of worms for them to be prosecuted for related crimes, or to implicate himself. It would hurt them politically. Donny Jr. and Ivanka, at least, have their eyes on future political aspirations. The Orange Anus does *not* admit wrong-doing. In the biggest irony, he won't throw his kids under the bus with pardons. So, let's go after them. There are plenty of crimes to charge them with. At least it's some justice. 

Truth will out
History will bear witness to all of this. In the meantime, what do you want to happen? What do you think will happen?


"Well, time is the old justice that examines all such offenders, and let time try." – Rosalind, As You Like It, William Shakespeare


***


Further Reading


Independent Australia: What to do about Trump's crimes

New York Times Magazine: Individual-1















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