Robert Mueller made his first (and probably only) public statement about his special investigation into the Russian interference of the 16’ election. He reiterated that his report does not exonerate President Trump but also, and very clearly says, charging the President with a crime was not an option due to the constitutional restriction against charging an active President.
His full statement:
Two years ago, the Acting Attorney General asked me to serve as Special Counsel, and he created the Special Counsel's Office.
The appointment order directed the office to investigate Russian interference in the 2016 presidential election. This included investigating any links or coordination between the Russian government and individuals associated with the Trump campaign.
I have not spoken publicly during our investigation. I am speaking today because our investigation is complete. The Attorney General has made the report on our investigation largely public. And we are formally closing the Special Counsel's Office. As well, I am resigning from the Department of Justice and returning to private life.
I'll make a few remarks about the results of our work. But beyond these few remarks, it is important that the office's written work speak for itself.
Let me begin where the appointment order begins: and that is interference in the 2016 presidential election.
As alleged by the grand jury in an indictment, Russian intelligence officers who were part of the Russian military launched a concerted attack on our political system.
The indictment alleges that they used sophisticated cyber techniques to hack into computers and networks used by the Clinton campaign. They stole private information, and then released that information through fake online identities and through the organization WikiLeaks. The releases were designed and timed to interfere with our election and to damage a presidential candidate.
And at the same time, as the grand jury alleged in a separate indictment, a private Russian entity engaged in a social media operation where Russian citizens posed as Americans in order to interfere in the election.
These indictments contain allegations. And we are not commenting on the guilt or innocence of any specific defendant. Every defendant is presumed innocent unless and until proven guilty in court.
The indictments allege, and the other activities in our report describe, efforts to interfere in our political system. They needed to be investigated and understood. That is among the reasons why the Department of Justice established our office.
That is also a reason we investigated efforts to obstruct the investigation. The matters we investigated were of paramount importance. It was critical for us to obtain full and accurate information from every person we questioned. When a subject of an investigation obstructs that investigation or lies to investigators, it strikes at the core of the government's effort to find the truth and hold wrongdoers accountable.
Let me say a word about the report. The report has two parts addressing the two main issues we were asked to investigate.
The first volume of the report details numerous efforts emanating from Russia to influence the election. This volume includes a discussion of the Trump campaign's response to this activity, as well as our conclusion that there was insufficient evidence to charge a broader conspiracy.
And in the second volume, the report describes the results and analysis of our obstruction of justice investigation involving the President.
The order appointing me Special Counsel authorized us to investigate actions that could obstruct the investigation. We conducted that investigation and we kept the office of the Acting Attorney General apprised of the progress of our work.
As set forth in our report, after that investigation, if we had confidence that the President clearly did not commit a crime, we would have said that.
We did not, however, make a determination as to whether the President did commit a crime. The introduction to volume two of our report explains that decision.
It explains that under long-standing Department policy, a President cannot be charged with a federal crime while he is in office. That is unconstitutional. Even if the charge is kept under seal and hidden from public view—that too is prohibited.
The Special Counsel's Office is part of the Department of Justice and, by regulation, it was bound by that Department policy. Charging the President with a crime was therefore not an option we could consider.
The Department's written opinion explaining the policy against charging a President makes several important points that further informed our handling of the obstruction investigation. Those points are summarized in our report. And I will describe two of them:
First, the opinion explicitly permits the investigation of a sitting President because it is important to preserve evidence while memories are fresh and documents are available. Among other things, that evidence could be used if there were co-conspirators who could now be charged.
And second, the opinion says that the Constitution requires a process other than the criminal justice system to formally accuse a sitting President of wrongdoing.
And beyond Department policy, we were guided by principles of fairness. It would be unfair to potentially accuse somebody of a crime when there can be no court resolution of an actual charge.
So that was the Justice Department policy and those were the principles under which we operated. From them we concluded that we would not reach a determination -- one way or the other -- about whether the President committed a crime. That is the office's final position and we will not comment on any other conclusions or hypotheticals about the President.
We conducted an independent criminal investigation and reported the results to the Attorney General—as required by Department regulations.
The Attorney General then concluded that it was appropriate to provide our report to Congress and the American people.
At one point in time I requested that certain portions of the report be released. The Attorney General preferred to make the entire report public all at once. We appreciate that the Attorney General made the report largely public. I do not question the Attorney General's good faith in that decision.
I hope and expect this to be the only time that I will speak about this matter. I am making that decision myself—no one has told me whether I can or should testify or speak further about this matter.
There has been discussion about an appearance before Congress. Any testimony from this office would not go beyond our report. It contains our findings and analysis, and the reasons for the decisions we made. We chose those words carefully, and the work speaks for itself.
The report is my testimony. I would not provide information beyond that which is already public in any appearance before Congress.
In addition, access to our underlying work product is being decided in a process that does not involve our office.
So beyond what I have said here today and what is contained in our written work, I do not believe it is appropriate for me to speak further about the investigation or to comment on the actions of the Justice Department or Congress.
It is for that reason that I will not take questions here today.
Before I step away, I want to thank the attorneys, the FBI agents, the analysts, and the professional staff who helped us conduct this investigation in a fair and independent manner. These individuals, who spent nearly two years with the Special Counsel's Office, were of the highest integrity.
I will close by reiterating the central allegation of our indictments—that there were multiple, systematic efforts to interfere in our election.
That allegation deserves the attention of every American.
American Progressives today like to talk about their Green New Deal, free higher education for all and slavery reparations. But recently the eminent economist Dr. Thomas Cargill addressed Reno’s Hayek Group about Progressives’ original cause: eugenics.
Eugenics is a dark and troubling part of US history – one not accurately reflected in standard accounts and teaching today of that history. The “scientific” racism of eugenics ideology flowered in the second half of the 19th Century through the 1930s.
It classified persons as “fit” or “unfit” based on traits assumed to be hereditary, including race and ethnicity, mental and physical characteristics, and country of origin. Because “fitness” was assumed to be genetic, it was hereditary and thus immutable: not subject to alteration via environment, nurture or other conditioning methods.
Eugenics gained wide acceptance, even being reflected in decisions of the Supreme Court of The United States. “Three generations of imbeciles are enough,” said Chief Justice Oliver Wendell Holmes in the case of Buck v. Bell, a 1927 decision upholding a Virginia law that authorized the state to surgically sterilize certain “mental defectives” without their consent.
Eugenics doctrine had a broad reach from justifying slavery to the alleged superiority of Nordic peoples (“Aryans”) to other races. It was fostered in the US by the mushrooming of the administrative state during the progressive period, and it also provided some ostensible intellectual foundation for that mushrooming.
German Nazism also drew greatly on the developing American eugenics tradition. As much as anything, the fall of the Third Reich undid eugenics.
After the Civil War, it was used first to justify low military compensation for blacks and then to support barriers to non-Nordic immigration. Implementation of eugenics was helped by the rise of progressivism’s administrative and interventionist government over-riding the outcomes of free markets. By 1905, 32 states had sterilization laws fostered by eugenics, and thousands of people were sterilized.
One scholar recently noted, “Eugenics and progressivism were made for each other.” The doctrine was an excuse for the exercise of extreme coercive collectivism, the fundamental means employed by progressivism.
Minimum wage legislation was also originally related to eugenics, as it proposed to let the market pay low or no wages to the unfit persons (mainly races) so they would over time die off. Even the famous Yale economist Irving Fischer bought into such dogma.
Perhaps the most (in)famous proponent and activist in favor of eugenics and its abuses of human beings was Planned Parenthood founder Margaret Sanger, who was an outright racist. Her 1933 article in the journal Birth Control Review was also a strong argument against immigration to America. And sterilization of the mentally ill was a popular birth control idea from the start.
The notable surprise beyond the flourishing of eugenics in America is that it has been almost completely omitted from modern history and government texts. Since almost all high school students must take a US history course, this omission has given them a completely false account of very important US history, politics and government. Eugenics and its disastrous history as a key part of progressivism are at best mentioned in passing, and mostly minimized and treated as not a significant part of our history.
Why? The writers of the books don’t themselves seem to know much about this central subject. Some authors are aware, but seem to consider it unimportant; eugenics is viewed by many progressives as the crazy uncle in the family. Also, eugenics’ relationship to abortion makes it a taboo subject for many advocates of that practice. And almost all these writers are progressives with a bias in support of the over-reaching administrative state, and discussing eugenics undermines that key advocacy.
What do students lose due to these biases and omissions? First, balanced and reasonably complete perspective on US history, politics and government and the roles of various factions then and now. Second, a necessary skepticism of the ideology of catastrophe supported allegedly by science. (See also climate change deniers.) Third, the perils of small groups, especially of self-selected elitists, controlling social power; this often leads to bad decisions and social disasters. (See also China’s one-child policy.) Finally, a profound understanding of the power of even a bad idea.
Earlier this week, news erupted about the Boy Scout’s “Perversion Files.” The Perversion Files (which the Scouts call, “ineligible volunteer files,”) detail as many as 12,000 boys that, while participating in scout programs - were sexually abused by Scout leaders.
Now, portions of the Perversion Files have leaked before, so the general information is nothing new. What has recently come forward is that the number of abused boys and abusers is much, much higher than previously reported.
The way I understand it is that the Boy Scouts of America (BSA) hired someone to do a five year internal investigation and that investigation concluded the number leaders who sexually assaulted boys in the program is not the 3,000 as had been previously reported, but is actually closer to 8000.
Let that sink in for a moment. That’s eight thousand men - volunteer leaders in the BSA, that have been accused of molesting more than 12,000 boys. So the “Ineligible Volunteer Files” is a detailed list of all the men who have “had their registration with the Boy Scouts revoked - because of reasonable allegations of child sex abuse.”
This all came to light when attorney Jeff Anderson released sworn testimony from Janet Warren, a psychiatry professor at the University of Virginia. Warren had been hired by the Boy Scouts to conduct the above mentioned study of the sex abuse files. Warren found that the evidence in the files was actually much worse than what the BSA imagined. She found the number of abused boys and abusers was thousands more than initially thought. Warren also made it clear that she found no evidence of a cover up by the BSA to hide this information and that she will present a more detailed report sometime during the summer.
Unlike the Catholic church, who just shuffles abusers around to new parishes and/or different cities - at least the Boy Scouts fired the abuser and didn’t allow them to work with youth ever again. I mean, it’s not much, but at least it’s that.
With something like two and a half million children participating in the Boy Scouts, if there are thousands of victims who come forward (and hundreds and hundreds of them are coming forward - some as young as 15, and one as old as 75) - this could be a financial disaster the BSA. As a non profit organization, they would not be able to financially handle thousands of lawsuits and would probably declare bankruptcy, which would shield them from lawsuits but allow them to continue operations.
Michael Surbaugh, the Chief Executive of the Boy Scouts said this at a lengthy press conference:
"I want to reiterate our steadfast support for victims of abuse. We are outraged that there have been times when individuals took advantage of our programs to abuse innocent children … We care deeply about all victims of child abuse and sincerely apologize to anyone who was harmed during their time in scouting. We believe victims, and we pay for unlimited counseling by a provider of their choice, and we encourage them to come forward. At no time have we ever knowingly allowed a perpetrator to work with youth, and we mandate that all leaders, volunteers and staff members nationwide immediately report any abuse allegations to law enforcement. Throughout our history, we have enacted strong youth protection policies to prevent future abuse, including mandatory youth protection trainings and a formal leader-selection process that includes criminal background checks. Since the 1920's, we have maintained a Volunteer Screening Database to prevent individuals accused of abuse or inappropriate conduct from joining or re-entering our programs, a practice recommended in 2007 by the Centers for Disease Control for all youth-serving organizations."
Okay. Well, I do believe him. I doubt BSA leadership “knowingly allowed” predators to work with youth. Again, the Perversion Files clearly state that abusers were fired after “reasonable evidence.” Which suggests that the BSA knew about the allegations, believed the victim and fired the alleged abuser. But, and here’s the sticky point - didn’t contact authorities. Which might have been a problem.
Interestingly enough, I just read that the Boy Scouts filed suit against several of their insurers for “refusing to cover its sex abuse legal liabilities.” But, like insurance companies everywhere, said insurance agents found a way not to pay a cent of coverage for the BSA by claiming, “the Boy Scouts neglected to take meaningful precautionary action.”
Hrmmm. Okay. Maybe. The Boy Scouts claim they have a screening process and a “protection system” in place. Which makes sense. Clearly, their process doesn’t work as well as they thought, but it certainly suggests they are “taking meaningful precautionary action,” so I don’t know what the F those insurance companies are talking about. I even found a part of their screening process / protection system listed in a CNN story:
Sounds like meaningful precautionary action to me. Anyway, - the courts will work all that out. Until then, more and more victims continue to come forward.
Before I get to the teacher in question, I want to talk education for a minute. It's been written many times that U.S. students are, well - not number one. They are not number one in math, not number one in science and not number one in reading/writing. In fact, they are far from number one. The World Education Ranking system ranks, as you can guess - education in the world. The U.S. has never been number one. Ever. In 2016 U.S. kids had their best showing since the 70’s and placed 7th, but in 2017 dropped to 20th and last year (2018) - the U.S. dropped off the list entirely.
But you know what U.S. kids are number one in - thinking they are number one. No, seriously. If you ask U.S. kids how they expect to perform on a test when up against kids from other countries, American children universally believe they will perform much, much, much better than they actually do. And many U.S. kids honestly believe they will be number one in math, science, literacy and pretty much everything else under the sun. Number. One.
Well, let’s take a look. There is a test called the PISA (Program for International Students Assessment) and it’s a worldwide exam administered approx. every three years to 15 year old's in 72 countries. About half a million students take the exam. The test results are compiled by the OECD (Organization for Economic Cooperation and Development). Their most recent test was in 2015.
Out of 72 countries tested:
U.S. kids ranked 40th in math with a score that puts U.S. teens 11 spots lower than the average score.
U.S. kids ranked 24th in reading comprehension with a score that puts U.S. teens 4 spots higher than the average score.
U.S. kids ranked 25th in science with a score that puts U.S. teens 4 spots higher than the average score.
Not exactly “‘We’re number one!” And, sadly, according to those 17'-18'World Education Ranking numbers I posted above, it looks like U.S. kids are dropping further down the list.
So, what’s going on? Who’s to blame?
Well, I don’t really know and I’m not going to speculate much; however, I find it interesting to hear how much self confidence U.S. kids seem to have vs. how they actually perform. Keep in mind, just because I’m not going to speculate doesn’t mean that other folks won’t speculate. Hell, everyone seems to have all the answers these days, you know? Just check social media where everyone is certain their all caps FB post is clearly the one and only way you MUST think or they’ll unfriend you.
It seems as if parents blame teachers. Teachers blame parents. Republicans blame teachers. Democrats blame the system. Education administrators don’t seem to blame teachers, but they certainly bail out on protecting teachers when irate parents come screaming or, God forbid - someone on a sports team is failing! “You can’t fail our basketball/baseball/football star!”
Yes, yes teachers can and should be able to fail students up to and including athletes. It is the teacher's exact job to evaluate if a child has done the work to pass, or not. If kids are terrible s#!t heads and parents are ignoring email, after phone call after text message saying, “Hey - your kid is a bully, hasn’t turned in 10 of his assignments this year and I might have to fail him! Please respond!” Well, if parents don’t take a vested interest in their own child’s education and their kid acts a damn fool and never does his/her school work - that kid deserves consequences. Just sayin.
And that’s exactly how Julie Marburger felt. Marburger is a sixth grade teacher at Cedar Creek Intermediate School in Texas. She was worn down by the chaotic destructive students and the irate road raging parents. And so, just before she quit, she wrote an epic FB post blasting them all. The rant went viral and within two weeks had millions of hits. (Editor’s note: It doesn’t appear as if she quit. She expected to receive hatred for her post and thought she would have to quit as a result but instead of recieving negative press she has received overwhelming support and it sounds as if the support has stayed her hand from quitting, as of yet).
Marburger’s view is that parents and children have become awful, abusive, entitled pricks. The kids don’t seem to care about consequences and parents lose their minds if their Precious Angel doesn’t get an A. It doesn’t matter if Precious Angel destroys school property, turns in zero work assignments and verbally abuses teachers and/or students because parents will still demand that Precious Angel recieve an A! After two years of, as Marburger describes it - abuse, she finally had enough and called parents and students out for their behavior.
Her full FB post:
“I left work early today after an incident with a parent left me unable emotionally to continue for the day. I have already made the decision to leave teaching at the end of this year, and today, I don’t know if I will make it even that long. Parents have become far too disrespectful, and their children are even worse. Administration always seems to err on the side of keeping the parent happy, which leaves me with no way to do the job I was hired to do ... teach kids.
I am including photos that I took in my classroom over the past two days. This is how my classroom regularly looks after my students spend all day there. Keep in mind that many of the items damaged or destroyed by my students are my personal possessions or I purchased myself, because I have NO classroom budget. I have finally had enough of the disregard for personal and school property and am drawing a line in the sand on a myriad of behaviors that I am through tolerating. Unfortunately, one parent today thought it was wrong of me to hold her son accountable for his behavior and decided to very rudely tell me so, in front of her son.
Report cards come out later this week, and I have nearly half of my students failing due to multiple (8-10) missing assignments. Most of these students and their parents haven’t seemed to care about this over the past three months, though weekly reports go out, emails have been sent and phone calls have been attempted.
But now I’m probably going to spend my entire week next week fielding calls and emails from irate parents, wanting to know why I failed their kid. My administrator will demand an explanation of why I let so many fail without giving them support, even though I’ve done practically everything short of doing the work for them. And behavior in my class will deteriorate even more. I am expecting this, because it is what has happened at the end of every other term thus far.
I have never heard of a profession where people put so much of their heart and soul into their job, taking time and resources from their home and family, and getting paid such an insultingly measly amount. Teachers are some of the most kind and giving people I have ever met, yet they get treated so disrespectfully from all sides. Most parents can’t stand to spend more than a couple hours a day with their kid, but we spend 8 with yours and 140 others just like him. Is it too much to ask for a little common courtesy and civil conversation.
It has been a dream of mine for as long as I can remember to have a classroom of my own, and now my heart is broken to have become so disillusioned in these short two years. This is almost all i hear from other teachers as well, and they are leaving the profession in droves. There is going to be a teacher crisis in this country before too many more years has passed unless they abuse of teachers stops.
People absolutely HAVE to stop coddling and enabling their children. It’s a problem that’s going to spread through our society like wildfire. It’s not fair to society, and more importantly, is not fair to the children to teach them this is okay. It will not serve them towards a successful and happy life.
Many will say I shouldn’t be posting such things on social media ... that I should promote education and be positive. But I don’t care anymore. Any passion for this work I once had has been wrung completely out of me. Maybe I can be the voice of reason. THIS HAS TO STOP”
President Trump has signed a spending bill to avert another government shutdown. House Democrats agreed to some provisional border security money (to build 55 miles of new fencing) but did not fund The Wall the President wanted.
Anyway, the President signed the bill, passed by both House and Senate and that, as they say - is that.
Only … the President didn’t get his wall. Which is a problem for him and so, Friday afternoon, he declared the border a “national emergency” and will fund the wall via executive privilege. It doesn't seem to matter that, via any legitimate newsite and paper, you will find evidence to suggest that undocumented immigrants commit crimes at lower rates than native-born Americans (which Trumps own administration admits).
That being said, there is a very real opioid crisis in the country. And the drugs are coming from somewhere. Of course, every intelligence agency worth its weight in salt will tell you that the drugs are coming into the country via mules and carriers in legal ports of entry.
It also doesn’t matter that border security personal, custom personal and leadership involved with both groups want “more technology and additional personnel.” That’s it. That’s what they want. Notice how there was no mention of a wall.
But that’s okay. Because this is a known phenomenon called, “Security Theater.” Security Theater is very specifically designed to create the illusion of offering security, even though everyone involved knows Security Theater does not actually make anything safer, it just makes the average person feel safer. And as long as folks feel safer, they come out and spend money.
The above linked Security Theater video is all about the TSA and how ineffective it is, but the same general principles apply to the border wall. A wall will not actually make the country safer, it will; however, make you feel safer. The border wall is the exact definition of Security Theater.
And by the way, wasn’t Mexico supposed to pay for it?
The Great Wall of Trump: A timeline of “who is paying.”
June 2015: Trump will “build a great wall” says, ”Mexico will pay for it.”
Aug 2015: Trump says “the wall will be 30-50 ft. high,” Mexico will pay.
Dec 2015: "I'll tell you what it's going to be made of. It's going to be made of hardened concrete, and it's going to be made out of rebar and steel." Mexico will pay.
Jan 2017: Donald Trump takes over office of the Presidency. The Wall does not seem to be any kind of priority.
Jan 2017: Inexplicably, U.S. “might” have to pay.
Later Jan, 2017: Mexico is paying (again).
Even later Jan 2017: Mexico says it is NOT paying for wall
Even later than that, Jan 2017: Trump says Mexico is paying.
Even later than that, Jan 2017: Mexico says, “No, we are NOT paying for the wall.”
March 2017: Pence says, “Mexico will pay.”
March 2017: Mexico says, “Nope, wrong again. We will not pay for the wall.”
March 2017: Republicans say, “Mexican drug cartels will pay for the wall.”
Later March 2017: Mexican cartels don’t bother responding (but probably, laugh).
Even later March: U.S. is paying but it "won't be that expensive."
June 2017: Wall is now a “solar powered wall” that will “pay for itself.”
July 2017: Wall is no longer a solar powered wall that will pay for itself. Wall is now a “steel wall with openings” allowing border security to see when “drug dealers throw drugs over the wall.” Wall price skyrockets. U.S. is paying.
Jan 2018: Wall is now a “fence with windows.” U.S. is still paying.
March 2018: Wall is concrete (again) with no openings. Wall price skyrockets. U.S. is still paying but again, wall doesn’t seem to be a priority.
Nov 2018: Two days before the election, Trump warns if you don’t vote Republican the U.S. will be overrun with Mexican invaders.
Nov 2018: Election day. Democrats to retake control of Congress.
Dec 2018: Wall is now a “steel slat barrier.” U.S. - still paying. It’s now a priority. Many begin to report that Russian steel will be involved in building the wall. Russian steel belonging to a Trump/Kushner family friend.
Later Dec: Wall is mostly concrete (again) with some steel areas that will have openings. It’s a priority.
Jan 2019: Democrats take control of Congress.
Later Jan 2019: The wall is coming! (Trump tweets.) US - still paying. Wall price skyrockets. It might even be a national emergency! Will probably use Russian steel.
Feb 2019: Trump declares National Emergency to fund Wall. U.S. taxpayers will pay for it all. It might be concrete, it might use Russian steel. Maybe both.
On Thursday, The Supreme Court blocked a Louisiana law designed to restrict access to abortions. In a 5-4 decision the surprising swing vote came from Chief Justice John R. Roberts Jr., who is generally considered a conservative justice. Instead of siding with fellow conservatives Justice Thomas, Alito & Gorsuch; Chief Justice Roberts sided with liberal appointees Ginsberg, Sotomayor, Kagen and Breyer.
So, just what is the Louisiana law that was struck down?
Well, it’s called, “Louisiana’s Unsafe Abortion Protection Act.” The premise of the law argues that doctors should have “admitting privileges” at a hospital within 30 miles of where an abortion is performed, and, if they do not have said privileges they are not allowed to perform an abortion there. If passed, the law would reduce the number of doctors allowed to perform abortions and therefor, possible enforce an “undue” restriction on a woman seeking an abortion.
An “admitting privilege,” means that the doctor has the privilege to admit patients to the hospital for some diagnostic or therapeutic services. “Admitting privilege,” as implied in the Louisiana law, and here is the important part - has nothing whatsoever to do medical competence.
So the law ties to say that a patient might be “unsafe” if they receive an abortion from a doctor that does not have admitting privileges. Hence, the title of the act.
The obvious problem, as has been pointed out many times, and has been the reason this act has been previously struck down in courts is: there are many legitimate reasons why a doctor might not have admitting privileges to a hospital that have nothing to do with medical expertise. Which, obviously means that just because a doctor doesn’t have admitting privileges does not mean he/she is unqualified to perform an abortion. Which means the law is trying to enforce an undue restriction.
In fact there was a Texas law that was struck down by the Supreme Court in 2016 in their Whole Woman's Health vs. Hellerstedt decision. The Texas law was very similar to Louisiana’s “Unsafe Abortion Act. In a 5-3 decision (they were one Justice down at the time, as Scalia had just died) court said the Texas law constituted an “undue burden” on a women’s right to seek an abortion, and struck it down. Which is exactly what they did to the Louisiana act.
Now, it’s interesting to note that Justice Roberts did not vote against the Texas law in 2016. He did vote against the similar Louisiana law on Thursday. As to why? Well, we don’t know why, exactly. That being said, I did find an interesting breakdown over at Rolling Stone (.com) in a 2018 interview with veteran Newsweek reporter David Kaplan. Kaplan had just published a book called The Most Dangerous Branch, which was drawn from interviews “with 165 people including sitting justices, retired justices, clerks, lower court judges and federal officials.”
Tessa Stuart, from Rolling Stone, asks Kaplan if a new court (w/ Kavanaugh, who had not yet been confirmed) would overturn Roe. v. Wade? Kaplan said about Roberts: “I think Roberts is troubled by seeing the court get put in the maelstrom. And I think he recognizes that Roe v. Wade would put the court in the maelstrom like no other ruling in modern times … My guess would be that Roberts would not vote to explicitly overturn Roe…” (Which then would turn into a 6-3 vote against striking it down, in his opinion).
Fair enough. Maybe this is Robert’s first chance (the Thursday Louisiana vote) to suggest precisely what Kaplan was talking about. I guess, Kaplan is saying that Roberts just doesn’t want to rock the boat, per say. Although Kaplan did, at the time of the interview, seem to feel the Kavanagh would also vote against striking down Roe v. Wade.
Maybe. But maybe not. Kavanagh wrote the dissent against Thursday’s decision and it’s kind of dull but it’s only four pages if you want to check it out (linked above).
I read it. To the extent I understand it, it’s kind of a mess. Kavanagh goes back and forth and says, “Yeah, well, I guess I would be for this. But then again, I can see in some instances this would be undue (therefor illegal). You know I would need more facts about the new law, specifically, in order to make a more informed vote. But since I don’t have those facts - I’ll just vote yes. Yes, the Louisiana Unsafe Abortion Act is fine!”
Um. Okay. But one would assume that, without more facts about something that is going into law - you should vote, no.
Anyway. This will not be last time we see abortion rights front and center at the Supreme Court.
How do you put a dollar value on the worth of a public official? How about this idea.
Shouldn’t receiving any salary increase be based on results?
LSU football coach Ed Orgeron will pocket some three and a half million dollars this year, making him one of the highest-paid football coaches in the nation. He received such an enormous salary package based on results. It’s the old adage that you get what you pay for, and with Ed, LSU ended the football season winning 10 games.
Should time and work be the only criteria in paying public employees? Why not pay the governor, the secretary of economic development, the superintendent of education, and a cross section of other public officials that directly affect our lives based on a scale of how well they perform and what results they achieve?
Experimentation with performance pay in the public sector is on the grow. A New York City charter school is promising to pay teachers $125,000 a year, plus bonuses based on classroom and school-wide performance. Sure, this is a lot of money, but those in charge are looking for a significant increase in student performance levels. Bottom line — results.
All of this aside, the heart of our query is about pegging the pay of the governor and his top assistants to performance. I would surmise that most voters in Louisiana would think it’s a good idea, but how do you do it? When you talk about results, it is certainly easier to define in the private sector. Results are measured in the stock price of a publicly traded company or by profit in any other company. The more the company makes, the more its managers can earn.
But can you create an accountability and production index in government? I think you can. This would be a challenge for key economists at Louisiana universities. Develop a formula that would give a “performance index.” Sounds difficult, but why not give it a try? If you take the economic figures below and compare them with other states, Louisiana comes in 48th in the nation.
I suggest starting a Louisiana “misery index.” Go ahead and pay Gov. John Bel Edwards and his brain trust the big bucks. The governor should make $1 million a year. But this amount would be adjusted by the misery index. Right now, the index is high on poor growth and low on performance, so Edwards salary would be close to what he now makes: $125,000. Now this should just be the beginning. As Governor Edwards often tells us, future economic growth in Louisiana is tied to job skills through education. Therefore, we should build into the formula increases in high school math performance, elementary student test results, reduction in the state’s troubling pollution levels, and maybe the number of new movies that are shot in Louisiana each year. Leave out the LSU national football ratings but include the student athlete graduation rates.
Finally, I would factor in consumer confidence. Are the voters getting tangible results? Are they happy with the performance of their top public officials? If you own shares of stock, and have little confidence in your company investment, you simply sell the stock. The average Joe ought to be able to put in his two cents worth as to the value he’s getting out of Louisiana government. Get his opinion through a statewide poll and factor the results in to the performance index.
So to all the statewide officials, I say make your case and ask the salary level you think you are worth. But just like in the private sector, be prepared to defend the bottom line. The proof of course is in the pudding. Be accountable for the results that take place. And if you succeed, reap the benefits.
In ancient Rome, there was a tradition when major projects were built. Whenever a Roman engineer constructed an arch, as the capstone was hoisted into place, the engineer assumed accountability for his work in the most profound way possible. He stood under the arch.
So pay these pied pipers of change and economic growth the big bucks they say they are worth. But keep them directly under the arch of performance, and let voters know there will be a day of reckoning if this promise of change and results plummet to the ground.
Peace and Justice
Jim Brown is a guest contributor to GCN news. His views and opinions, if expressed, are his own. His column appears each week in numerous newspapers throughout the nation and on websites worldwide. You can read all his past columns and see continuing updates at http://www.jimbrownusa.com. You can also hear Jim’s nationally syndicated radio show, Common Sense, each Sunday morning from 9:00 am till 11:00 am Central Time on the Genesis Communication Network.
There will be a temporary deal to open parts of the government for a few weeks, mainly for critical issues. Of course, there will be no wall. Which is fine. Walls are medieval and not terribly effective, but whatever. There will be; however, additional money to increase the current level of fencing and assist with said fence repair costs (about $1 billion). There will also be some back pay available to specific workers (but as far as I can tell - as of yet, it’s unnamed as to which workers will receive back pay and which will not). And, I guess, finally there will be a State of the Union.
And it’s this last point that makes me go, “Hrmmmmm.” (Just like in the old Arsenio days). A few days ago when the President announced he won’t have a State of the Union until after the shutdown ends. BUT it is also clear that Nancy Pelosi kind of .. uninvited him from delivering the State of the Union in the House chambers.
And then, Trump agreed to delay with this Tweet:
“As the Shutdown was going on, Nancy Pelosi asked me to give the State of the Union Address. I agreed. She then changed her mind because of the Shutdown, suggesting a later date. This is her prerogative — I will do the Address when the Shutdown is over. I am not looking for alternative venue for the SOTU Address because there is no venue that can compete with the history, tradition and importance of the House Chamber. I look forward to giving a “great” State of the Union Address in the near future!”
Okay. This immediately made me wonder, “Wait. Is it actually her prerogative?” I mean, obviously, she does not, nor did she ever say she was denying the President to have a State of the Union - she is denying him use of House Chambers. Um, okay. But aside from that - so what? Can Nancy Pelosi deny him use of House chambers? Can the Speaker, actually do that? I’m honestly not sure. I read over lots of online sources today from CNN, to the NYT and Fox News and all of them keep mentioning “according to House Rules,” but none of them linked to any House Rules.
And then I found the House Rules. And now I know why no one linked to them, because it’s a nightmare 50+ pages of tightly fonted legalese. Ugh. It’s bloody painful to read. And confusing. Anyway. Let me dive into it.
First, let’s check the Constitution and see what it says about a “State of the Union:”
“The President shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.”
The key phrase seems to be my emphasized, “convene both Houses, or either of them.” Convene, as you may or may not know means, “come or bring together for a meeting or activity; assemble. Summon. Order.” In other words, the President may “summon/order” either or both houses to a State of the Union.
Now, the reason that the State of the Union is in the House chamber is because, well - it’s large. And fitting. And so now we ask the question - can a Speaker of the House prevent a President from delivering a State of the Union in House chambers?
As far as I’ve been able to determine the answer is very clearly - no. But the Speaker DOES have a lot of power over what can and can not happen on the floor of House chambers. You see, not just anyone can walk onto the House floor and have a speaking role. That privilege is restricted to the usual suspects one would assume - current members of Congress, House staffers, invited VIPs, dignitaries, ambassadors, delegates, etc. and, of course, the President / Vice President. Former members of Congress and former Presidents may also enter the House chamber and deliver speeches, if invited.
So, the Speaker can’t prevent an acting President from entering House chambers BUT according to House Rules, and as much as I understand the 50 pages of legalese I just waded through, a Speaker is, in fact, in charge of several key House chamber factors including (but not limited to):
“Use and Admittance. 1. The Hall of the House shall be used only for the legislative business of the House and for caucus and conference meetings of its Members, except when the House agrees to take part in any ceremonies to be observed therein.”
Okay, fair enough. So, it’s possible the Speaker can just decide to not agree to take part in the State of the Union, and if the Speaker decides this, congress will not attend. And if congress does not attend, then the chamber is technically not “in session,” and can not be used.
Does this supersede the Constitution’s statement that the President may “convene both houses?” Maybe. Maybe not. I guess it’s all debatable, but even if the President could order congress into session for the State of the Union, I did find a couple of picky (perhaps juvenile) things a Speaker could do to make the State of the Union, (if held in House chambers) a disaster. For example, according to House Rules:
“BROADCASTING THE HOUSE. 1. The Speaker shall administer, direct, and control a system for closed circuit viewing of floor proceedings of the House in the offices of all Members, Delegates, the Resident Commissioner, and committees and in such other places in the Capitol and the House Office Buildings as the Speaker considers appropriate. Such system may include other communications functions as the Speaker considers appropriate. Any such communications shall be subject to rules and regulations issued by the Speaker.
This all means the Speaker of the House could order all close circuit cameras turned off so the speech wouldn’t be broadcast to anyone in the building. AND the Speaker could order that no cameras or press would be allowed onto the floor (although, I believe that currently only C-SPAN is allowed on the House floor). So, sure, the President could still deliver the State of the Union, but the Speaker could make sure that no one ever heard it or recorded it. In fact, it sounds as if the Speaker could, literally, order the lights shut off. So the President would have to deliver the speech in the dark, to no one. And this all may be juvenile tactics but “juvenile tactics” seem to be the ways and means of politics in the last several years.
Anyway, I’ll leave it up to you to further dig through the House Rules for more information because that is some sucky reading, let me tell you (and I’m done with it).
Finally, and again, I am not suggesting that House Rules should always supersede the Constitution. I am only suggesting there does appear to be clear reasons why a Speaker of the House can make a State of the Union, at best - difficult, assuming the President decides to address the nation in House chambers.
A Speaker of the House, obviously, can not stop the President from delivering the address elsewhere, or to Congress or directly to CNN or Fox News or, in the probably case of our current President - on Twitter.
Imagine that. A SOTU address. On Twitter.
Michael Cohen, President Trump’s previous attorney, has been sentenced to 3 years in prison after pleading guilty to multiple allegations stemming from Robert Mueller’s investigation. Mueller, as we all know by now, is special prosecutor looking into Russian meddling in the 2016 Presidential election. President Trump isn’t too happy about the entire ordeal, claiming hundreds of times, that the investigation is a “witch hunt.”
Now, the term “witch hunt” amuses me. Especially, when applied to this particular investigation. The exact meaning of the phrase “witch hunt” comes from the Salem Witch Trials in Massachusetts between Feb 1692 and May 1693. Nineteen people, mostly women, were found guilty of “witchcraft” and executed by hanging. Obviously, none of them were witches - because witches don’t exist. But the religious lunatics in 1600 believed in them and hunted them, tortured them and murdered them. So in the 1600’s “witch hunt” we have to go hunt down some witches!
BUT NOW - hundreds of years later, we know that witches don’t exist. So the phrase “witch hunt” has evolved to mean that you are hunting for something that does not exist. So, when President Trump screams “witch hunt” all over Twitter, he is saying that there is no collusion evidence to be found, because he is innocent and that the entire Mueller investigation is hunting for something that does not exist. Hence, it’s a “witch hunt.”
Which would be a fine argument - if it was remotely true.
To date, because of Robert Mueller’s investigation into the Russian meddling and the conspiracy to protect the Russians, here are the people that have already pled guilty to a huge variety of federal crimes relating to the conspiracy / lying to the FBI about the conspiracy / federal fraud about the and / or election financing charges in related to the conspiracy:
And that’s just the people that have pled guilty! We’re not even yet counting the dozens of people who have been charged but have not yet had their time in court and / or pled out (yet). We’re also not talking about the other hundred (or more) people that are still under investigation!
So, President Trump is factually inaccurate when he calls the Russian meddling conspiracy a “witch hunt” because there is clearly a huge amount of evidence to suggest conspiracy. Up to and including the folks that have already pled guilty to the conspiracy. AND - the investigation is not over (far from it)!
Remember, a “witch hunt” - hunts for something that does not exist. Robert Mueller’s investigation has already produced enormous amounts of evidence that the Russians meddled in the 2016 Presidential Election. So, the Mueller investigation is clearly NOT a witch hunt. In fact, his investigation is pretty much the opposite of a witch hunt.
Mueller’s investigation is more like, ummm, how can I say it? Oh, I know! It’s more like an investigation into the fact that a hostile foreign government illegally interfered in the 2016 Presidential Election handing the election to Donald Trump and that the Trump family, the Trump campaign, Trump top aides, Trump top advisors and several other individuals all willing and knowingly went along with it and now are all lying to the FBI and trying to cover it up.
Which, is the exact definition of conspiracy.
Finally, I wasn’t a huge fan of Hillary Clinton but I voted for her, against Trump. I will say that Donald Trump sure was right about this one thing: He warned the American people, countless times on the campaign trail that if the people voted for Hillary they would end up with a President who was under federal indictment from day one.
Turns out - he was right! I voted for Hillary Clinton and I ended up with a President under federal indictment from day one!
But something about her emails, though. Right? *sigh*
Late Friday on Nov, 30th, President George W. Bush (43) announced that his father had passed away at the age of 94. The Bush Presidential Center delivered this tweet:
“Jeb, Neil, Marvin, Doro and I are saddened to announce that after 94 remarkable years our dear dad has died. George H. W. Bush was a man of the highest character and the best dad a son or daughter could ask for. The entire family is deeply grateful for 41’s life and love, for the compassion of those who have cared and prayed for dad, and for the condolences of our friends and fellow citizens. - George W. Bush”
Back in April, George H.W. Bush, the 41st President of the United States, lost his wife of 73 years. And, you know what they say after you lose the love of your life. You’ll probably not be far behind.
President Bush (41), as you probably already know, had a long career in public service and politics. He was a war veteran from WWII, a Congressman, a diplomat, the CIA chief, Vice President and President.
Honestly, I don’t know much about other than very widely known public knowledge. I was a teenager when he was President and, as you all know, teenagers usually don’t give much a damn about politics. And I always feel like, the moment someone dies they are vilified or sainted unfairly in either direction. So, I won’t elaborate much on his life one way or another, but I did just find out that after Bush Sr. lost re-election in 1992 to an upstart Arkansas Governor, Bush Sr. wrote this letter to incoming President Bill Clinton:
When I walked into this office just now I felt the same sense of wonder and respect that I felt four years ago. I know you will feel that, too.
I wish you great happiness here. I never felt the loneliness some Presidents have described.
There will be very tough times, made even more difficult by criticism you may not think is fair. I'm not a very good one to give advice; but just don't let the critics discourage you or push you off course.
You will be our President when you read this note. I wish you well. I wish your family well.
Your success now is our country's success. I am rooting hard for you.
Can you imagine our current Republican President writing anything as classy? Maybe you can, but I certainly can not. In fact, the editorial board over at the NY Times put together a nice piece about this very idea and on 41’s life. Their lead:
“Historians will measure the presidency of George H.W. Bush in familiar ways — by how well or poorly he managed the major domestic and international challenges of his time, his leadership qualities, the moral and social legacies he left for future generations.
Yet, at the moment of his passing, it is difficult not to take note of the profound differences between the 41st president of the United States and the current occupant of the White House, Donald Trump. Beyond a desire to be president — Mr. Bush was more competitive and ambitious than his self-effacing personality sometimes suggested — there is almost nothing in common: the one gracious and modest, the other rude and vain; the one prudent, the other brash; the one steady, the other unmoored.”
The full NY Times story: “George H.W. Bush, Public Servant.”
This morning, a 7.0 earthquake hit Alaska. I haven’t seen any reports of serious injuries or fatalities but it sounds like Anchorage and the surrounding communities got pummeled with some major infrastructure damage, some TV stations going off air and the airport temporarily shutting down.
Alaska hasn’t had an earthquake since that awful M9.2 quake / tsunami hit the Prince William Sound region back in 1964. Which is exactly why a tsunami warning was issued this time in case aftershocks were powerful enough to form a tidal wave. Thankfully, while there were several aftershocks reported, none of them produced the feared tsunami and the warning was cancelled.
The Anchorage Police Department issued this statement.
“The Anchorage Police Department is operational after this morning’s massive earthquake.
Our Dispatch center is fully staffed and answering your calls as quickly as they can. Please only call 911 if it’s an emergency.
Our officers have been dispatched throughout the area and are handling multiple situations. We are working with our public safety partners to keep you safe. For parents, we are working with our partners at the Anchorage School District to check on your children and make sure they are safe.
There is major infrastructure damage across Anchorage. Many homes and buildings are damaged. Many roads and bridges are closed. Stay off the roads if you don’t need to drive. Seek a safe shelter. Check on your surroundings and loved ones.
We will keep you updated via Nixle throughout the day.
Again, stay safe and off the roads. Call 911 only if it’s an emergency.”
Alaska Gov. Bill Walker tweeted that he issued a Disaster Declaration. Now, just so you know - there are two types of Disaster Declarations. First: Major Disaster Declaration, which means the disaster has exceeded the response capabilities of the state and local government and long term recovery is probably needed. The second: Emergency Declaration, which is requested when the state and local government needs help responding to an emergency or disaster; however, no long term recovery assistance is needed.
I have not seen one way or another which type of Declaration Governor Walker has requested but I’m going to go out on a limb and say, “Major Disaster Declaration.” It was a 7.0 earthquake, after all.
This is a developing story and will be updated as further information is available.
Last week in Kansas City, MO state health inspectors stopped several non profit all volunteer groups from feeding the homeless. By poisoning all their food. You read that right. And if you think this sounds like something out of a bad young adult sci-fi dystopian novel, I agree. That's were you should expect such scum and villainy. But no. It’s real.
I thought to myself, “the moron that came up with the, “Let’s dump bleach in the food” regulation should be immediately fired.” I was saddened to hear that it’s “standard operating procedure” in many states.
So, what actually happened?
A local Kansas City all volunteer non profit group called Free Hot Soup KC went out to multiple parks on Nov. 5th to pass out free food. Mainly, home cooked soups, chili and foil-wrapped sandwiches. In fact, the group has been doing this twice a week for about a year.
Their events draw approx. a few hundred homeless, per park and they usually visit several parks. According to multiple sources, their food events are the highest attended park gathering at all of the parks they frequent. The problem is that neighbors complained about all the homeless people "invading their parks." So they complained.
After about a year of complaints, city officials and the cops crashed multiple Free Hot Soup KC events. The problem being, Free Hot Soup KC doesn’t have a permit to distribute unregulated food to the homeless. State officials make the case that the permit is free and that the state provides free training on how to prepare, package and deliver food to the homeless. So … just take the free classes and sign the free permit, right?
Seems like a no brainer.
And here’s where I think the folks at the Free Hot Soup KC are being a little pompous about the entire ordeal. They are calling their events “picnics” and claim that they don’t need a permit to have a picnic in a public park with their “friends.”
Unless, of course, you invite the public. In which case it’s no longer a private picnic with you and your friends. It’s obviously, a non profit providing food for the homeless. And there’s nothing wrong with that. It’s quite commendable that they do this. Just get the free permit and take the free classes on safety and food prep. Problem solved.
But no. People need to be difficult. Like, all the time.
Anyway. Yes, it’s true I think Free Hot Soup KC is acting a little self righteous BUT they are still clearly in the right here. I mean, let’s break down what the city officials claim and then do.
Ugh. And just when I was having like a, “Well, I can kind of see their point. It could pose a health risk. It probably wouldn’t, but, it might. I think a small amount of regulation is fair.”
And then the state officials offered a triple whammy of dumb. They:
Um, sorry city official. Your argument of “we’re just trying to make everything safe” just went out the window. You clearly don’t give a rats ass about safety.
Folks on the left and the right were, understandably, pissed off about this story. A common sense and reasonable op-ed appeared a few days later in the Kansas City Star. It said:
“The Health Department could agree to send at least one food safety inspector to Free Hot Soup events, free of charge, not as an enforcer but as an adviser. Those city employees could oversee food distribution, alerting volunteers when food might not be safe.
The Free Hot Soup volunteers would agree not to serve food that hasn’t been prepared and handled safely. Citations would not be issued.
Then, during the next six months, a handful of Free Hot Soup volunteers would take free food handling courses offered by the Health Department. At the end of that period, every event would have to include at least one certified food handler, or face cancellation.
Other volunteers would not need permits. The events organized by Free Hot Soup or any similar coalition could proceed, with at least one person providing trained food safety oversight.”
Thankfully, the following week, as Free Hot Soup KC went out to deliver food - the cops were not there and the food went out as usual. Hopefully, that will be the end of it.
But probably not.