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Title : How Trump will stymie Congress
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How Trump will stymie Congress
A lot of people missed the importance of this interview with Irvin Nathan, who spearheaded a successful effort to subpoena information from the Bush White House.
The hard truth seeps out at the very end. Any subpoena battle will be fought in court, and a 2019 version of that battle won't resemble what occurred in 2008. Trump will fight back, and he'll take it all the way to the Supreme Court.
Basically, Trump has already won. He effectively owns the Supreme Court. If he defies a subpoena, what of it? The Justice Department won't enforce a lower court's ruling, and the Senate will protect Trump to the bitter end. Besides, pursuing a subpoena through the courts is a process could take two years (as Nathan admits).
In other words, Trump is set. For the rest of his term, he can't be touched.
Many liberal talking heads have offered overly-optimistic rah-rah about the ability of Congress to hold Trump accountable. As you know, I hate optimism. An optimist is someone who assures a one-legged hobo that if he hops high enough, he can touch the moon. An optimist is someone who tells Anne Frank "Chin up!" as she is being lead off to the camp. Optimism is cruelty. Optimism is sadism.
So let's put optimism aside and look at the situation realistically. Since the Trump administration operates outside the rule of law, Congress will have to find some way to be effective without subpoena power. Is that possible?
Despite the November victory, things still look bleaker than most within the Resistance would care to admit. Yet all is not lost. Pessimist that I am, even I have limits.
The recent news on the Cohen front is heartening. The recent interview with Cohen's friend Donny Deutsch (embedded) below brought a smile to my face. It'll probably cheer you up as well, if you've not seen it already.
Many have opined as to why Cohen switched loyalties, yet nobody has mentioned what I take to be the real reason: Cohen's wife is also in some legal jeopardy (or so I've read) and may face state charges -- placing her beyond Trump's ability to pardon.
On a related note: Have you noticed those "PragerU" propaganda ads on YouTube? A recent one is all about removing any state's ability to prosecute someone for a crime that might also fall within federal jurisdiction. All of a sudden, the right is now very exercised about this new definition of double jeopardy. Gee, I wonder what prompted the Prager People to become concerned about that topic at this moment?
Here's Cohen's Sentencing Submission. Allow me to toot my own horn for a moment: On August 22, I wrote that "Michael Cohen has been working with Mueller in secret for a while now." Frankly, this was conjecture, presented at a time when everyone was asking "Will he cooperate?"
The Sentencing Submission contains a passage which proves that my speculation was far from far-fetched:
In the context of this raw, full-bore attack by the most powerful person in the United States, Michael, formerly a confidante and adviser to Mr. Trump, resolved to cooperate, and voluntarily took the first steps toward doing so even before he was charged in this District. See Nov. 28, 2018 Plea Agr. at 8 (proffer agreement with SCO first executed on August 7, 2018).So. The proffer came on August 7. I was right. There was communication between Cohen and Mueller at that time.
I think of Cohen and I smile. But on all other fronts, it seems likely that Trump can pardon his way out of this mess. I'm still predicting that he will deep-six Mueller when the time is right.
The Twitter feed of Michael Flynn Jr. provides an excellent "canary in the coal mine." (I don't visit daily, but more-or-less weekly.) If that feed offers any hint of "Ruh Roh! The jig's up!" -- then and only then will I presume that Trump is in real trouble.
Until such time, we should never forget that the Orange Oaf holds a formidable hand. Trump controls the power to pardon. He controls the Supreme Court. He controls the Justice Department. He controls this country's most powerful propaganda engine. He is aided by the intelligence apparat of Russia as well as a huge faction of American intelligence, not to mention British intelligence. (It's hard to determine where MI6 ends and Cambridge Analytica -- or whatever they're calling themselves now -- ends.)
Congress? Congress is a problem, but perhaps not an insurmountable one. The spooks have tried to gather kompromat on everyone, and Putin has unlimited funds for bribes.
If any male Dem in Congress proves too ornery, he can always be MeTooed. After the Avenatti smear, all rational people now understand that MeToo is not a genuine movement; it's just another Republican smear tactic. I've already seen scattered hints on Twitter that there are plans in the works to smear Schiff using the MeToo gimmick.
All in all, I'm betting on a Trump victory. Don't buy into the triumphalist guff on MSNBC.
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