Oh, THAT Dennis Hastert

Why is it a crime to evade government scrutiny?

hastert-dennis-displayThis is how much I had forgotten about Dennis Hastert: when I heard that the longest-serving Republican Speaker of the House (1999- 2007) had been indicted, I couldn’t even visualize what he looked like.

There’s been a lot of back-and-forth about the “victimization” of Hastert, that perhaps the former student he paid nearly $1 million, out of $3.7 million promised, was extorting the former Congressman.

And if Hastert had actually had sex with one of his male high school students, when he was a teacher and wrestling coach between 1965 and 1981, why is he charged with, essentially money laundering, specifically, withdrawing cash from his bank accounts in amounts and patterns designed to hide the payments to the former student?

As many have correctly pointed out, this is selective prosecution. As I’ve noticed over the years, though, a LOT of prosecution is selective.

Since he cannot be charged with a sex crime – the statute of limitation has run out, and proving a case 35 or more years old would have been nearly impossible anyway – the feds went in this direction. Moreover, a second alleged victim is deceased. It’s like getting Al Capone for tax evasion.

But I DO have some questions:

Why would Hastert take out $50,000 at a time early on? Did he not know this would trigger an investigation? Or was he of the belief that he was too important to be bothered with?

Why did he even talk to the FBI about this? He was under no obligation. Lying to the FBI, telling them that he was taking out money because he didn’t trust the banks, is the second part of the indictment.

More significantly, why is it a crime to evade government scrutiny? Yeah, yeah – we’re fighting terrorism and organized crime; I know the narrative.

From the Atlantic:

To see why that is unjust, it helps to set aside Hastert’s case and consider a more sympathetic figure. Imagine that a documentary filmmaker like Laura Poitras, whose films are critical of government surveillance, is buying a used video camera for $12,000. Vaguely knowing that a report to the federal government is generated for withdrawals of $10,000 or more, she thinks to herself, “What with my films criticizing NSA surveillance, I don’t want to invite any extra scrutiny — out of an abundance of caution, or maybe even paranoia, I’m gonna take out $9,000 today and $3,000 tomorrow. The last thing I need is to give someone a pretext to hassle me.”

That would be illegal, even though in this hypothetical she has committed no crime and is motivated, like many people, by a simple aversion to being monitored.

I’m feeling conflicted. On one hand, I’m happy to see Hastert’s apparent bad behavior being brought to light. The irony that he became Speaker because he was “clean”, especially in comparison with the previous House Speaker, Newt Gingrich of Georgia, and his presumed successor, Robert L. Livingston of Louisiana, who were known to be involved in extramarital affairs.

Former Congressman Barney Frank (D-MA) blasted the Republican hypocrisy of going after President Bill Clinton for his relationship with intern Monica Lewinsky, even having him impeached when the leadership has these activities on their resumes.

On the other hand, the underlying monitoring policy, like many of the provisions of the recently modified USA PATRIOT Act, feels like government overreach. Of course, the irony is that it was the very Patriot Act that Hastert got passed that led to his indictment.

William Rivers Pitt- The Loved and the Lost: A Note to the Biden Family. And bad karma to those mocking Joe Biden at this painful time.

Two music greats died this week. Read about Jean Ritchie and Ronnie Gilbert.
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Like many people, I wish Caitlyn Jenner well, but desperately wish I didn’t have to hear about the Kardashians yet again.

The Arthurian election reform article

What IS the solution to a fairer voting process?

After the 2012 Presidential election – thank every deity it is over – you may recall that only a handful of states were crucial to the decision – Ohio! Florida! Virginia! The Democratic “blue” states – New York, California – were not in play, nor were the Republican “red” states such as Texas. Candidates didn’t campaign in those because of most states’ “winner-take-all” mechanism when it came to the Electoral College. All the electoral votes of a state would go to one candidate. (The upside is that I missed the vast majority of the political ads.)

So the recent Republican plan to change states from winner-takes-all, the way every state, except Maine and Nebraska, does it, to awarding electoral votes by Congressional District, seems to be fairer. And it would be if Congressional boundary lines were drawn equitably.

But as Arthur@AmeriNZ noted a few weeks ago, “Republicans… worked hard, and spent large amounts of money, to win control of state legislatures in 2010 precisely so that they could write the congressional district maps to ensure Republican victories — they now even admit that was their plan all along. This gerrymandering by Republicans is the reason that they control the US House of Representatives even though they received fewer votes than Democrats did. Now, they want to do the same thing in presidential elections.

“Were it not for gerrymandering, the Republican plan would be closer to a proportional system for electing a president than the current winner-take-all approach allows for.” That’s why I had originally thought of such a solution, which seemed obvious at the time, years ago. “However,” and I also noted this at the time, “because of gerrymandering, it instead cynically twists that goal to ensure Republicans win the presidency even if they lose the popular vote—something that could very well happen every election under the Republican plan. So, what we’d end up with is something far less democratic than what we have now.” Which is not very democratic at all.

“If the US were to pass a Constitutional Amendment requiring all states to use truly non-partisan commissions to draw the boundaries of Congressional Districts based solely on population—and forbidding them from taking party voting history of areas into account—then it might be possible to make the Republican plan credible.” This, of course, will NEVER happen. In New York, there were lost promises of having nonpartisan boundaries drawn. “However, most state legislatures would never give up their power to draw the maps, and Republicans aren’t about to walk away from the one thing that could ensure their minority party retains power for at least the next decade…

“The best possible solution would be direct popular election of the president — abolish the Electoral College altogether.” That would be true in the abstract. But the sad fact is that in the real world, I don’t know if I want my vote in New York State, in a close national election, compromised by voter suppression in Pennsylvania, incompetence in Florida, or outright fraud in Ohio.

Arthur noted that, in the current system, “small states are overrepresented,” and of course, that is accurate, but also intentional. A state such as Wyoming has one member of the House of Representatives, so three electoral college votes for the one House seat, plus the two Senate seats. New York has 27 members of the House, so 29 electoral votes. Wyoming has in fact about 3% of the population as New York; changing it to direct vote would, in fact, make the folks THERE less likely to cast a ballot. No small state would pass a Constitutional amendment to make their voters have less impact.

What IS the solution to a fairer voting process? Failing the suggestions put forth, such as fair reapportionment, which simply won’t happen, I have no idea.

The second Obama term

The Republicans decided to go to clown school.

That first Barack Obama Presidential campaign had that whole “HOPE” thing going. The impression that most impressed me from four years ago was that even before he was actually inaugurated, how busy he was dealing with an economic disaster far greater than he possibly could have anticipated.

I should have known, though, that the honeymoon would be short-lived. Less than a week after he had officially become President, he was criticized, on FOX News, of course, that he hadn’t done enough for the economy. Then when he came out with the “bailout”, it was considered too large. (I remain convinced that it wasn’t large enough.) The Republicans, for the most part, became intractable in coming up with any solution that didn’t harm the poor and middle class.

I began to tire of the term “job creators.” The “job creators” can’t create jobs because the taxes are too high. But jobs were created in the US for generations with far high rates.

These “spontaneous” tea party folks started coming out of the woodwork fairly early on, screaming at their Congresspeople at public meetings, and having rallies, covered as though they were news events, rather than staged propaganda, by FOX News.

It took almost no effort to find references to the President as a Muslim – “his name is Barack HUSSEIN Obama!” Or a socialist/communist/fascist, by people who seem to have zero grasp of what those words mean. Here is almost every Obama conspiracy theory ever.

The term was an uphill climb. A lot of political capital was used on Obamacare, a term that was initially used derisively, but which is now the recognized nomenclature. Worse, the health care bill didn’t pass until 2010, with no GOP support. If it was a triumph, far less than the universal coverage some of us were seeking – that got thrown under the bus quite early in the negotiations – it was a muted win.

After the Democratic “shellacking” (Obama’s word) in the midterm elections, it was often suggested that Obama would be a one-term President.

The killing of Osama bin Laden muted some critics of the President for about five, maybe even ten minutes. Still, with an anemic economic recovery, it seemed that the Republicans should be in the White House this week.

Fortunately for Obama, the Republicans decided to go to clown school. There was actual talk about whether birther darling Donald Trump would enter the race. Buffoons such as Congresswoman Michele Bachmann, Texas Governor Rick “what agencies WOULD I cut” Perry, and pizza man Herman “9-9-9” Cain all were frontrunners in the race at some point. Near the end, former senator Rick “don’t Google his last name” Santorum became a credible threat to what the Republican establishment thought was the inevitable nomination of Willard Mitt Romney.

While the administration was already the most progressive in terms of gay rights through 2011, after a hint by VP Joe Biden on a Sunday morning, President Obama came out in support of marriage equality. (It was 2012 was a very good year, in general.) I appreciated that the President took a principled stand on something.

In his first Presidential race, Barack Obama was dubbed as “no-drama Obama.” I believe that he spent his early years figuring out that he didn’t want to be perceived as an “Angry Black Man.” I remain convinced that his perceived anemic performance in the first debate with Romney was a function of that. His more aggressive demeanor in debate #2 generated the ABM charge in some circle.

Frankly, I was unsurprised about the difficulty of agreeing on federal tax rates and expenditures, and the debt ceiling, variations on the so-called “fiscal cliff.” Will the next four years be as frustrating as the last four? Will there be legislation passed on immigration, gun control, or any number of other issues?

N is for National Elections: November 6

As a New Yorker, I don’t see many of the ads that run in states such as Florida, Michigan, North Carolina, Ohio, and Virginia.

If you’re not from the United States, you may not be aware of the fact that the US is having its national election on Tuesday, November 6.

CONGRESS

Approximately 1/3 of the US Senate is up for election. Senators are elected on a statewide basis for six-year terms.

All 435 members of the House of Representatives are up for election. The number of districts in each state is dependent on its population. The breakdown changes every 10 years, after the decennial Census. The results of the 2010 Census will alter the makeup of the House for the 2012 election.

From the Census Bureau:
“Among the eight states gaining seats, Texas will gain four seats and Florida will gain two seats. The other six states (Arizona, Georgia, Nevada, South Carolina, Utah, and Washington) will each gain one seat. Of the ten states losing seats, two states, New York and Ohio will each lose two seats. The other eight states (Illinois, Iowa, Louisiana, Massachusetts, Michigan, Missouri, New Jersey, and Pennsylvania) will each lose one seat.”

Even the states that have the same number of seats will have to change its Congressional boundaries (except for the states with only one House member, of course), to reflect population shifts within the state, based on the doctrine of One person, one vote.

THE PRESIDENCY

The Democratic Party is fielding the incumbent, President Barack Obama of Illinois, with his running mate, Vice-President Joe Biden of Delaware. The Republican Party candidate is putting up former Massachusetts governor Willard Mitt Romney, with his running mate, Congressman Paul Ryan of Wisconsin. Since about the year 1800, the President and VP have run as a ticket. There are a number of “third party” candidates who have approximately a zero percent chance of winning the election.

The nomination process is rather peculiar for both major parties. Some states have what are called caucuses, while other states have primaries. But even the rules of primaries vary from state to state, with some having “closed” primaries (only members of that party can vote) while others have more “open” primaries, (voters who are not enrolled in either party may vote, and in a few states, voters from the OPPOSING party may participate!)

The Presidential election is not decided by the popular vote nationally, but rather by the vote in each state, which gets representatives to something called the Electoral College. Each state gets electors equal to its number of members of Congress (House plus Senate); the District of Columbia also gets three electors.

In 49 of 51 geographies, except for Maine and Nebraska, there are winner-take-all contests. Thus, some states are not generally contested by the candidates. New York, it is surmised, will go to Obama; Texas is safe for Romney. Therefore, the race is generally run in the so-called battleground states.

As a New Yorker, I don’t see many of the Presidential campaign ads that run in states such as Florida, Michigan, North Carolina, Ohio, and Virginia. A good political map can be seen at Real Clear Politics.
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Re: “the dozens of political tell-alls…that appear each election cycle.” The Center of Gravitas Best and Worst Seller List helps “you navigate which books would be likely to fly off the shelves and which would be reduced to the bargain bin.”

ABC Wednesday – Round 11

W is for Watergate

The key lesson of Watergate seems to have been “it’s not the crime, it’s the coverup.”

 

Five burglars involved with the break-in of the Democratic Party headquarters at the Watergate Hotel on June 17, 1972, were arrested; a couple more, involved in the operation, were also detained. The term used by President Richard Nixon’s Press Secretary, Ron Ziegler, to describe the event was “a third rate burglary attempt.” The seven were tried and convicted, President Richard Nixon was reelected in a landslide, and that was that. Except for the fact that two years later, the President was forced to resign in order to avoid almost certain impeachment.

I could not do justice to the story in such limited space – I recommend this Washington Post retrospective – but I do want to convey how important this story was to me personally, and how it played out provided an optimism about “the process” that I have seldom had since.

The burglars had a relationship with the Committee to Re-Elect the President, which many delighted in calling CREEP. Washington Post reporters Bob Woodward and Carl Bernstein uncovered information suggesting knowledge of the break-in and attempts to cover it up, with help of secret informant Deep Throat to fill in the blanks, led deep into the Justice Department, the FBI, the CIA, and the White House. Various men close to the President were forced to resign.

The US Senate had a select committee operate from May 17 to August 7, 1973, and shown in rotation by the three major networks. Riveting story and I watched it as often as possible, as did most of the country, though some soap opera fans were furious; this was better than the made-up stuff.

It got REALLY interesting when White House assistant Alexander Butterfield revealed that there were listening devices in the Oval Office of the President. Special Prosecutor Archibald Cox subpoenaed the tapes, as did the Senate, but Nixon refused to release them, citing executive privilege and ordered Cox to drop his subpoena, which Cox refused. On October 20, 1973, Nixon demanded the resignations of Attorney General Richardson and his deputy William Ruckelshaus for refusing to fire the special prosecutor, finally getting the reluctant Solicitor General Robert Bork to do so; this was referred to as the “Saturday night massacre.” It was pretty much downhill from there, with each new revelation pointing closer to RMN himself.

I remember SO many of the characters in this drama. Chair of the Senate select committee Sam Ervin of North Carolina had a folksy demeanor, yet stayed on task. During the House committee hearings on impeachment, Republican House member William Cohen of Maine’s looked pained as he recognized his President’s failings. Charles Colson was convicted of obstruction of justice; he became involved in prison ministry, and he died only a couple of months ago (Arthur had a take on him).

It reminded me how checks and balances used to work, with even Republicans communicating to a GOP chief executive that an abuse of power had taken place. And it was also a time when a vigorous press was a true fourth estate, holding government accountable, but in turn, holding itself responsible for what is published in return. I do miss those days. Oh, here’s the trailer to the film All The President’s Men, which addresses the latter aspect.

The key lesson of Watergate seems to have been “it’s not the crime, it’s the coverup,” a message politicians seem to have missed over and over. And over and over. One terrible outcome is the attachment of the suffix -gate to almost every subsequent scandal, no matter how trivial. Here’s an undoubtedly incomplete list.
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Legendary reporter Bob Woodward gets defensive about mild accusations that he sexed up his Watergate stories

Woodward and Bernstein: 40 years after Watergate, Nixon was far worse than we thought

Will Robert Redford’s new documentary explain whether Nixon ordered the Watergate break-in?

ABC Wednesday – Round 10

Ramblin' with Roger
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