Acquital?

 The Way We Were

Memories may be beautiful and yet

Much too painful to remember

We simply choose to forget

 

Something seems to be wrong with Sen. Mitch McConnell’s memory.

 
Sen. Mitch McConnell seems to be having a senior moment when it comes to  his vote for the acquittal of Donald Trump at the recent impeachment.  His position is that Donald Trump is responsible and he would have found him guilty but since he is a private citizen unfortunately as a Senator he  did not have constitutional jurisdiction.
 
I guess he forgot that the Senate voted 56 to 44 on Tuesday February 9^th, 2021 that this impeachment WAS constitutional.  I guess that he forgot that the crimes were committed when Donald Trump was the President.  And that the Articles of Impeachment were voted by the House on January 13^th, 2021 when Donald Trump was still the President but the Senate was in recess.  The former Majority Leader of the Senate at that time, who coincidentally had the same name as Sen. McConnell ;), decided not to return the Senate from recess so that the impeachment trial could begin before Donald Trump became a private citizen.  The vote on February 9^th that impeachment was constitutional acknowledged that Donald Trump was a private citizen, but that he was also a former federal official and the Senate had jurisdiction over impeachment of those private citizens who were also former federal officials.  If it was clear that impeachment also covered former federal officials perhaps the House could have had the time that the defense demanded to fully document, research and describe the crimes in the Articles of Impeachment.

It is sad that Sen. McConnell’s memory is failing.  I understand.  That happens when we get older, and it is happening to me.  Perhaps a Constitutional Amendment is in order to clear up this issue for him so that he can then vote his …cough, cough, cough... conscience. The Republican Senators are to be thanked for pointing out during questioning that that impeachment of former officials could be weaponized to again try to “lock her up”.  Perhaps the Articles of Impeachment of FORMER officials should require a supermajority of the House.  Impeachments should be limited to high crimes and misdemeanors committed while a federal official.  George Washington was a legal slave owner, and Bill of Attainders are already prohibited by the constitution. The minimum mandatory sentence for impeachment is  removal from office and the discretionary sentence is disqualification from holding future federal office.  Since holding a future office does require one to be alive, I think that George Washington is safe from Impeachment. But if Sen. McConnell and others are unsure,  perhaps that can be made clear in a constitutional amendment. 

And considering that the former President’s defense team seem confused about impeachment being a criminal trial covered by criminal law, which clearly it was not, perhaps the amendment can spell out that an impeachment trial is not a criminal trial and which rules apply.  Mr. van der Veen clearly was confused, which surprises me since he is an ambulance chaser who has primarily tried civil cases that have different rules than criminal cases, but maybe they do things different in “Philly”delphia. 

Incitement

 

You Made Me Love You

You made me love you
I didn't wanna do it
I didn't wanna do it
You made me want you
And all the time you knew it
I guess you always knew it

What determines a guilty verdict of incitement?

In a federal criminal trial, in order to convict, the prosecutor must show the defendant knowingly committed an overt act to further insurrection. A conviction carries up to 10 years in federal prison. (18 U.S.C. § 2383; Yates v. U.S., 354 U.S. 298 , 1957.)  An act of  incitement does not only occur BEFORE an insurrection.  If that overt act to further the insurrection occurs DURING the insurrection, then that also is  incitement. 

If Sen. Tuberville’s statements about his phone call with Donald Trump are true, then Donald Trump knew that an insurrection was taking place before he took an overt act, a tweet in which he said “Mike Pence didn’t have the courage to do what should have been done to protect our Country and our Constitution, giving States a chance to certify a corrected set of facts, not the fraudulent or inaccurate ones which they were asked to previously certify. USA demands the truth!”.  This was an overt act which furthered the act of insurrection and placed the then Vice President’s life in danger.

This is an impeachment trial, not a criminal trial.  In addition to overt criminal acts, the high crimes and misdemeanors covered by impeachment, can be acts of dereliction of duty, such as not calling for assistance during the insurrection that demonstrate that the insurrection was likely to have been incited.

This IS the trial, not the arrest.  The House managers did not have to present this evidence before the vote on the Article of Impeachment.  The impeachment trial is where it is appropriate to hear evidence if the President knew that an insurrection was occurring .  If he did, then this tweet is an overt act to further the insurrection, and could be a federal criminal offense, not merely a political impeachable offense.

The defense team argued that there is more due process in a parking ticket.  I have received parking tickets.  I do not remember having, or expecting, due process from the parking officer. In fact, in all cases, the ticket was issued while I was not even present.  However, during the hearing on any parking ticket, I expected, and did receive, the due process to present evidence of my innocence.  Do I wish that the parking ticket had not been issued?  Cleary, because then I would not have even spend the time to attend a parking hearing.  But did I think my due process was violated because the parking officer did not hear that evidence before issuing the ticket? Absolutely not.  There is a difference between arrest and trial.  Due process is applicable only DURING the trial, not DURING the arrest.  

Impeachment IV

 

I Don't Want You Around Me Anymore

If you were half as smart as you think you are
The world would be a-standing at your door

But I, I won't be there cause I no longer care and

I don't want you around me anymore.

 

Are the Republican Senators at the impeachment trial being smart?

If the Republican Senators were smart they would vote to convict in the Second Impeachment trial of Donald Trump.  And since the mandatory sentence of removal from office is moot, they then could vote against the disqualification from future office.  Doing so would allow them to claim that they have a moral code, but also because they hope that his behavior would never be repeated, they are merciful. But this would anger the Trump supporters who want complete and total vindication, and at least 17 Republican Senators are unlikely to be smart.

The Trump supporters, like Donald Trump himself, do not value the future.  They favor victory now at all costs.  This is known as a Pyrrhic victory, that is a tactical victory but a strategic loss.    AKA winning the battle, but losing the war.  The causes of those who lost in these Pyrrhic victories are often won. We accept evolution and remember Clarence Darrow, but Darrow lost the Scopes Monkey Trial.  We know Galileo Galilei and that the  moons of Jupiter still move, but he lost his inquisition trial where the words “and yet it moves” are remembered.  Donald Trump may have be impeached at his trial, but Rep. Raskin and all of the House managers  have helped ensure that we will never forget and that we can hope that we will never allow the behavior of another President to be like Donald Trump.

 

Minimum Wage II

 Another Saturday Night

Another Saturday night and I ain't got nobody

I got some money 'cause I just got paid

How I wish I had someone to talk to

I'm in an awful way

Some money may not be a lot of money, if the job paid only the federal minimum wage.

The media has characterized the Biden administration proposal as raising the minimum wage to  $15 per hour.  However the wage increases to that amount over 5 years and the initial adjustment in 2021 only raises the minimum wage to $9.50. This basically restores the current federal minimum wage to the amount in 2017 Dollars.  The minimum wage was last set in 2009 and there has been inflation since that time. There should be bi-partisan support for this raise, especially since this is merely applying a Cost Of Living Adjustment, COLA,  to a 2009 statutory amount.

After 2025, the proposal requires a Cost Of Living Adjustment to its minimum wage of $15.  There has been bi-partisan support for COLAs in Social Security, IRS Tax Rates, and many other amounts stated in federal laws.  There should also be bi-partisan support for applying a COLA to any statutory  minimum wage.

The discussion of what the minimum wage should be, and let me state for the record I believe that it should be more than $9.50 in 2021 USD, is a separate discussion that should not change the fairness of applying a retroactive COLA to the current minimum wage and ensuring that the minimum wage will continue to be adjusted by a COLA forever in the future.

Impeachment III

 

My Back Pages

To memorizin' politics

Of ancient history

Flung down by corpse evangelists

Unthought of, though, somehow

Ah, but I was so much older than

I'm younger than that now 

Is the impeachment political.... or not?

 

The key issue of the impeachment trial of Donald Trump is whether he incited the insurrection at the Capitol on January 6, 2012.  Before January 6^th,  there was no reason to “hang Mike Pence”.  He was the Vice President of the United States.  He was the running mate of Donald Trump.  If the election was certified, then he would no longer be the Vice President.  Mike Pence was specifically mentioned by Donald Trump seven times during his speech on Jan 6^th.  His displeasure with Mike Pence was expressed.  Mike Pence had written to the President that morning that he intended to certify the result which was not “doing the  the right thing” as defined by Donald Trump.  So the cry of “hang Mike Pence” on January 6^th could only come from the incitement by Donald Trump on the morning of January 6^th. 

This is not a civil or criminal trial.  The sentence of the Senate is limited to removal from office, which is as pointed out only a mandatory sentence and not applicable at this time, and disqualification from future office.  The constitution specifically requires that the sentence excludes any other civil or criminal  penalties. 

So will the votes at the impeachment trial be political?  Of course, because the sentence is also limited to a political one.  If the Republican Senators vote NOT Guilty as a verdict, they will be the ones that are ignoring the facts and making only a political vote.

Justice

 A Long Time Coming

There been times when I thought I couldn't last for long

But now I think I'm able to carry on

It's been a long time coming

But I know a change is gonna come, oh yes it will 

“The Arc of the Moral Universe is Long, But it Bends Toward Justice.”

Love of county is NEVER demonstrated by the hatred of anyone who we believe should not be part of our country.  The injustice of chattel slavery drove this country to a Civil War.  Because we did not know better, we did not repudiate our sins but erected monuments to the Confederate traitors and adopted Jim Crow laws.  We broke our promises to immigrants, native Americans, and people of color.  If we are to move past the divisions that threaten to rend this country today, shouldn’t we acknowledge out faults, vow to never forget them, and take measures to correct them. 

We can have nostalgia for the good things in the past, but not at the process of throwing away our future.  We can have nostalgia for the good things in our past, while still acknowledging that there were also bad things in that same past.

Change may not have come when Sam Cooke wrote his song in 1964, but change not only is gonna come now, it HAS to come now.  It may have taken a long time, but the time for justice is now.

Responsibility

Call Me Irresponsible

Call me irresponsible    

Call me unreliable         

Throw in undependable too

Chief Justice Roberts is at risk of being irresponsible.

On Tuesday, the Senate will begin the second Impeachment trial of Donald Trump.  The Presiding Officer will be Senator Leahy, not Chief Justice Roberts.  The Constitution requires that the Presiding Officer for  a Presidential Impeachment trial is the Chief Justice of the Supreme Court.  The trial might be one  that Chief Justice Roberts finds disagreeable, but he swore an oath to uphold the Constitution   Does he have the options of declining to preside, or is he not accepting his responsibilities?

The President when the Article of Impeachment was voted was Donald Trump.  The President when the actions cited in the Article of Impeachment was Donald Trump.  While the mandatory sentence of a guilty verdict of impeachment is removal from office, and Donald Trump is NOT currently in office, it is not the only sentence.  The sentence can be disqualification from holding any federal office in the future.

This is not a case of sentence first, trial later.  Chief Justice Roberts must have the United States of America confused with Alice in Wonderland.  Given the actions that led to the Articles of Impeachment and the vote on the Articles of Impeachment, and the possible sentence, it is clear that this IS the impeachment trial of a President and  Chief Justice Roberts must preside.  To choose not to preside is irresponsible.