Category Archives: criminal law

Will Trump fire Mueller?

This is the question on everybody’s mind right now, and one that is often asked with it, how come now? It appears that the Trump folks just figured out that Mueller is in possession of all the emails that the Trump people produced as part of their transition team on a government server. The fact is that Mueller was entitled as a matter of law to these emails, though FOX news would have you believe otherwise.

A lawyer for the transition team has sent a letter to both houses of congress protesting this invasion of their privacy and privilege.  The problem with this complaint is that anyone using this account received a warning, standard to all federal government computers, that there was no privacy in the communications and that they would be handed over to sanctioned law enforcement investigations. Mueller’s is obviously sanctioned.

Trump and friends thought they had put up a defensive wall to hide their transition emails by appointing an associate from Rudy Giuliani’s law firm as head of the General Services Administration, the keeper of all this material. His name was Richard Backler whose main claim to fame was that he was good defense attorney for white collar criminals. He apparently told the transition team that he would bury the emails where none could find them. This can be neither confirmed or denied because Mr. Backler left work in early August, and died of Stage 4 pancreatic cancer in September.

Mueller had no obligation to notify anyone of his receipt of these emails, and he was entitled to them as a matter of law. He had them before he interviewed anyone closely connected with the president. What may have looked like good guesses to Kushner et al. were in fact based on his knowledge from the emails.

Trump is allegedly ballistic over the failure of his plan to keep these emails quiet. Can’t imagine why, but the irony is perfect. Given his harping on Hillary’s emails throughout the campaign with cries to “lock her up!” isn’t it a form of justice if he is taken down by his own team’s totally open emails through the federal system?

So now, Trump’s only out is stop Mueller anyway he can. He cannot directly fire Mueller, but can order Rosenstein, the guy acting as AG for supervision of Mueller’s investigation, to fire Mueller. For those of the older generation, we saw this play out with our old favorite nemesis, Richard Nixon, in the Saturday Night Massacre. Nixon ordered a number of assistant AGs to fire Archibald Cox, and had to go through several until he found Robert Bork who was willing to do the deed. This is where Trump now finds himself.

The problem as I see it is that Mueller probably has enough information now to indict anyone he wants to in the campaign, up to and including the president. These emails are priceless in showing the inner workings of the campaign and the involvement of so many key players with the Russians. Even if Mueller is fired, is there a way to get the information to an incorruptible source, such as New York’s Attorney General, Schneiderman, who has already shown a willingness to pursue the various players in this scheme? From what I have read and my knowledge of the law, I suspect that there is the making for a very big RICO case out of this, which would involve lengthy jail terms for anyone convicted.

Those of us who believe that Mueller should be allowed to finish his investigation ought to be prepared to act in the case of his firing. I agree with those who believe it will happen when Congress is away for the holidays, meaning between about the 20th of December and the 5th of January. I’m not a big fan of Move-On, but they have set up a Mueller Firing Rapid Response plan with events planned in, as of last count, 49 states. If you are interested in joining this massive movement, you can find the link here and sign up for your local action. We must be strong if we want our democracy to survive!

The Stanford Rapist

This will probably be short and caustic, because Brock and Dan Turner have made such a ridiculous mess of this that the presiding judge almost looks sane. Between Brock’s blaming of a party culture and his father’s claim of 20 minutes of action, we have apologists galore for a senseless act of violence and power by an 18 year old athlete who should have had “Privilege” tattooed on his dong.

This young man, had he been taught properly the respect for women that most civilized men know instinctively, would never have felt it was okay to have intercourse with an unconscious woman. On what world do men think that it’s okay? Other, that is, than on Turner World, where “action” doesn’t equal “rape.” American men could learn something from the two Swedish students who came to the victim’s aid and tackled the rapist. They were the only real men on site that night.

The crazy judge worried that the poor boy’s life would be damaged by conviction for three felonies. I would love to hear him say the same if Turner had been black. For a good white boy of privilege, it is unfortunate but not fatal to be convicted of three felonies, but the crusher was having to register as a sex offender. Poor baby! And not a word of remorse or regret for the harm caused an innocent woman. I can hear the cries of outrage. She was drunk!  She asked for it! Bull. She asked for a hangover; what she got was one of the most painful and denigrating experiences a woman could go through at the hands of a supposedly civilized man. She could have had something much worse, had it not been for two men who reacted well and spontaneously to do the right thing.

The heroes of this action are appalled by what they witnessed. The poor victim only knows her story through their eyes. These were the only real men on that scene that night. Brock Turner was a vile little boy, the son of a vile man, who both have no idea how to behave decently in polite society. One’s a criminal, a felon, the other an apologist. Anyone who pays into poor Papa Turner’s legal fund is an immoral enabler of privilege and a denigrater of a woman’s right to safety in a social setting. I hope you’re all proud of yourselves for the disgusting picture you present to people in this country.

Do I Really Need to Worry About Hillary’s Emails? Yes. She Will Be Indicted. (Full Form)

This is a very long post, but it was created by a 22 year old student who has done his research. He comes from an interesting perspective, that of one who worked at Sandia Labs where he had to click an extra button for every email he sent, insuring that it did not contain classified information, which is what Hillary would have had to do if she had used the State Department email address she was supposed to use. This isn’t rocket science.

Informed Vote

A shorter version of this work has been published by the Georgia Political Review here. It directly responds to the arguments made by ABC legal analyst Dan Abrams, Emeritus Professor of Law Richard Lempert and Washington Post columnist Ruth Marcus.

Hillary Clinton’s email scandal is one of the most important, yet undiscussed issues of the 2016 election. Despite how long the media has been covering it, I don’t think most people really understand what’s going on. Almost everyone I know is genuinely unsure of what exactly she did wrong and as a result are more willing to accept the scandal as nothing more than a partisanor sexist, effort to bring her down (me 3 days ago). The disinterest in the scandal seems to be cemented on the left as a result of Bernie Sanders refusing to attack her on the issue thus far in the campaign; something the Republican nominee will certainly do. So why are so…

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