Sunday, November 26, 2017

From Roger Fitch and our Friends Down Under at Justinian....



The unravelling of Trump's America

Tax cuts ... Russia's election in America ... Unqualified judicial appointments ... Contempt at Guantánamo ... Degenerate art ... Our Man in Washington reports 
BANKING on Americans' well-known aversion to paying taxes, congressional Republicans are pushing their misleadingly-named Tax Cuts and Jobs Act, a Bill full of party fetishes, including ending the Obamacare mandate and recognising fetal tissue as a human being, even punishing California and graduate students, but mainly having as its purpose, comforting the rich while afflicting everyone else.  
To this end, the House Republicans defended their Bill as a tax cut for the middle class, by redefining low-and-middle income as up to $450,000 a year. 
This Bill passed the House, but it may face a far different fate in the Senate.
Some members of congress would benefit from the repeal of the estate tax, which already generously excludes the first $10.98 million for married decedents.
Extensive benefits are envisioned for Donald J Trump, and not just the estate and inheritance taxes saved. 
*   *   *
Mueller: in pursuit
Americans are still mulling how a mendacious, sub-literate cipher became their president.
Vote suppression was crucial, and there's emerging evidence that Russian-based Facebook advertising in working class states helped round up support by those who did manage to vote. New reports reveal massive funds transfers to Russian embassies during the election, purportedly for media buys, while WikiLeaks suspiciously plied the Jared Kushner-owned New York Observer with "Clinton dirt". 
Nevertheless, former FBI director James Comey remains the chief reason a deadbeat is president, and Trump's team concedes as much.
In her new book about the 2016 election, "What Happened", Hillary Clinton says she now regrets not striking back at Comey's meddling
Various proposals have been put forward meanwhile for dislodging Trump through such legal stratagems as the unindicted co-conspirator, bringing pardon-proof state charges, or a grand jury presentment.
Internal Revenue law seems like another good bet, and in a possible demarcation of a crime scene, the IRS is building a special safe at the tax agency's headquarters to hold Mr Trump's income tax returns.  
It won't stop Special Counsel Robert Mueller perusing them.
Beyond the president, the gormless Donald Trump Jnr is said to be a leading target for indictment. More here and here.
The Justice Department reportedly has ten lawyers and paralegals working on lawsuits related to the president's businesses; unlike Trump's private sector lawyers, they can count on being paid.
Less helpfully, the DoJ says Trump's tweets - presently being considered by the Special Counsel as possible evidence of witness-tampering - are official presidential statements, and interestingly, the International Criminal Court just issued its first arrest warrant gleaned from social media
Mr Trump may yet be "deposed": aggrieved female plaintiffs are suing him for defamatory responses to their accusations of sexual assault and harassment. He'll be encouraged by a leaked DOJ memorandum: it recommends reinstating the discredited practice of grilling rape victims about their sexual history.
Had these women not been manhandled before?  
*   *   *
Clovis: caught up in Russian scandals
Even without tax cuts, soon-to-be-deregulated miners, manufacturers, financial institutions and big polluters dream of a return to some Pre-Roosevelt paradise, and Trump is doing his best to oblige them.
At the Interior Department, needy coal entrepreneurs are being assisted as the National Academy of Sciences halts its profit-endangering coal-mining health studies, while at the Labor Department, the new chief of the Mine Health and Safety Administration is the former CEO of a coal company with a poor safety record.
One of Trump's worst anti-science nominees, Sam Clovis, has withdrawn, after being caught up in the Russian scandals. Clovis, a non-scientist with a public administration degree, had been appointed to the Agriculture Department's top science position, causing outrage
At the "dysfunctional" Environmental Protection Agency, administrator Scott Pruitt found an ingenious way to replace the respected academics advising his agency with more reliable industry "scientists", and to make matters worse, he did so quoting the bible
Banking regulation is meanwhile going backward in a gratifying manner. 
Finally, after a thorough search - or perhaps a Big Pharma auction - Mr Trump found a new Health and Human Services secretary who is arguably worse than his predecessor, the disgraced (Dr) Tom Price.
*   *   *
Attorney General Jeff Sessions has recently attacked the federal courts (more here), even as the Trump administration rapidly reshapes the judiciary in Trump's image through nominees so mediocre - or ideological - that the American Bar Association rates them "not qualified".  
More on Trump's extremist judges here, including Thomas Farr, for whom the Republicans kept a seat open 12 years, and some with hardly any experience at all, e.g. the 36-year-old Brett Talley.
*   *   *
General Baker: released from confinement at Camp Justice
At Guantánamo, the Pentagon has completed the bizarre trial of Ahmed al-Darbi. He was convicted by guilty plea - the only sure way - in a military court, for what is essentially civilian piracy.  
The acts giving rise to the prosecution had nothing to do with war, or even the US, and they occurred in international waters far from the US. No American ships or citizens were involved.   
Mr Darbi will now be a witness against Abd al-Rahim al-Nashiri in yet another, equally impossible, non-war case (so recognised since it began).  
Al-Nashiri's case was recently derailed by the resignation - for ethical reasons - of the defence team, just as the supreme court evaded Nashiri's very sound appeal
At that point, the Nashiri commission experiment blew up, with the Nashiri judge sensationally holding Chief Defence Counsel John Baker - a Brigadier General and the second ranking lawyer in the Marine Corps - in contempt, sentencing him to 21 days and a fine.   
Next, the general filed his own habeas action, but before DC judge Royce Lamberth could rule, the Pentagon's "Convening Authority" suspended the contempt order pending appeal, and Gen. Baker was released from confinement in his modest trailer behind "Camp Justice".
*   *   *
Entartete Kunst
The Bush administration showed its affection for Third Reich national security Kultur by adopting the unsettling Gestapo expression, Verschärfte Vernehmung: "Enhanced Interrogation".
While the Wehrmacht might have scrupled at the Plünderung of a prisoner, Obama's armed forces had no problem pillaging the life savings of Djamel Ameziane, a forcibly-repatriatedGuantanamero: he couldn't be trusted to use his funds responsibly.
Under Trump, the Pentagon has extended this principle to confiscate art by Guantánamo inmates, on the same theory: that money - e.g. proceeds from a New York exhibit of their art - could be put to nefarious purposes; tellingly, Ameziane is among the artists in the show.    
Clearly, it's Entartete Kunst.

Thursday, November 2, 2017

From our Friends Down Under at Justinian....


A different swamp

The creepy march of "religious freedom" ... Sidelining anti-discrimination laws in the name of God ... Winding-back clean power and clean water protections ... Employee rights and voter entitlements under threat ... The Supreme Court is back in town ... Trump stock-take from Our Man in Washington, Roger Fitch 
IN the 2014 case of Burwell v Hobby Lobby Stores, the US supreme court invented an astonishing new corporate freedom of religion, initially limited to closely-held corporations whose owners asserted religious scruples against particular government policies, e.g. the Affordable Care Act's requirement that contraception be included in health insurance policies.  
This first amendment "religious freedom" for godless legal entities was news to those who had always assumed corporations possessed only the rights and powers assigned them by their charters or legislation.  
Pushing this extraordinary notion of corporate religious liberty ever further, the Trump administration has now proposed that all corporations of any size or composition have "freedom" to e.g. drop federally-mandated contraception coverage from employee health insurance plans.
A policy of pandering to intolerance and chilling anti-discrimination law is now disingenuously wrapped in religion. Attorney General Jeff Sessions is busy re-framing the first amendment's freedom of religion to include "moral" scruples, to be extended to corporations; apparently, these claimed religious/moral objections may then be foisted upon suppliers, customers and employees.  
Corporations asserting "religious freedom" to resist compliance with anti-discrimination and EEO law? It would seem to impose subjective religious beliefs on secular society, and be a triumph of church over state, but Trump's proposed executive order on religion doesn't go far enough for the National Review.  More here
Treasury may also play a role; Trump is attempting to rescind the Johnson Amendment, legislation prohibiting IRS tax exemptions for religious organisations actively participating in partisan politics
*   *   *
"He's a f**king moron" - Secretary of State Rex Tillerson
"Not only is that an insult, he gave away Trump's secret service codename" - Stephen Colbert.
It's been nine months, and a dangerously unstable demagogue, the inexpressibly rude and insulting simpleton Donald Trump, is still president of the US.  
Merciless attacks in the media and by some in his own party have not yet yielded his urgent removal through impeachment, criminal proceedings or (on psychiatric grounds) the 25th amendment.  
Bannon: deconstructionistEven so, the usurpateur's use-by date may be nigh: Republicans could remove him once he signs their proposed "tax reforms" for tax-dodging corporations, lightly-touched estates and sundry other needy rich.   
At nine months, it's time for a Trump stock-take. What has the putative president achieved from his oft-incoherent agenda to (as his former aide Steve Bannon put it) "deconstruct the administrative state"?  
So far, Mr Trump's sole organising principle - aside from attention-seeking and the personal enrichment of family and friends - seems to be the undoing of everything associated with Barack Obama.
On the immigration battlefield, Trump's latest Muslim ban could be more likely to succeed, after the judicious addition of a few Christians (e.g. the pointlessly-persecuted Venezuelans) and the placement of a reliable rightwing Republican, Neil Gorsuch, on the supreme court.  
Federal courts in Hawaii and Maryland, however, have already blocked Muslim Ban Three.  
At the Environmental Protection Agency, Administrator Scott Pruitt is on course to abolish Obama's Clean Power Plan and Clean Water Rule. Pruitt wants to wind back wind and solar power as well: they compete dreadfully with his first allegiance, the fossil fuel industry.  
There's also grave chemical industry mischief underway, centred around EPA's scientific personnel.  
Energy Secretary Rick Perry meanwhile wants the Federal Energy Regulatory Commission to subsidise coal and nuclear plants, and the Interior Department has a secret plan to auction off America's vast public lands for oil and gas development
A Simon & Garfunkel parody says it all. 
At the Education Department, Betsy DeVos is in full flight. Perhaps no other cabinet secretary has had more success with a personal agenda.  
Treasury has done its part by meddling in worthy regulations of other agencies, e.g. the Consumer Financial Protection Bureau's limitation on compulsory arbitration (now repealed by the Senate). 
Mr Trump's awful Secretary of Health and Human Services, Tom Price, has resigned in a travel-expense scandal. He's just the tip of a travel corruption iceberg; Dr Price also figures in a congressional insider trading scandal involving the Australian biotech Innate Immunotherapeutics. 
The Republican drive to destroy health insurance and underfund medical care may yet succeed, despite the president's cognitive dissonance. In the meantime, the Trump administration continues to undermine Obama's health insurance scheme, a dozen different ways.    
Even the subsidies that are the backbone of the legislation are to be cruelly and foolishly eliminated by Trump's new executive order, more here.  Eighteen states have sued to have the presidential order overturned, but law professor and gadfly Jonathan Turley reckons the order is valid and a good thing, constitutionally-speaking.  
With health insurance on life support, attention is turning to employment law, where the Republican revolution will be easier: the supreme court is back in town, and workers are on the menu.
Thanks to last year's Republican obstruction of Obama's nominee, and the packing of the court this year with the party loyalist Neil Gorsuch (who, early reports suggest, doesn't play well with others), it seems likely that the most profound changes to workers rights since the New Deal will be proclaimed judicially, along party lines, by a five-four majority of unelected justices. 
More here and here
The Justice Department under Attorney General Jeff Sessions is leading the charge to turn back the clock on workers' rights, filing briefs in support of corporations and against workers in employment litigation. 
The DoJ is opposing the government's own National Labor Relations Board in the important 2nd circuit case Zarda v Altitude Express, where the Trump DoJ has reversed Obama policy, and supports the right of employers to discriminate against LGBTIemployees, more here.
In rescinding an Obama reading of Title VII (Civil Rights Act 1964) that protected transgender workers from discrimination, the DoJ is also acting contrary to another federal agency: the Equal Employment Opportunity Commission is currently prosecuting a company for just such discrimination
*   *   *
Jackson: fallibilityThe Attorney General is also actively undermining voting rights, aiding and abetting the depredations on voting rights implemented in "red" states since the supreme court's deeply-flawed Shelby County v Holder(2013) - the case that struck out a key enforcement section of the Voting Rights Act 1965.  
Interestingly, the majority's reliance on mistaken data in Shelby County was recently cited as part of a supreme court problem in a Pro Publica report
Maybe the justices need technical advisers to guard against alternate facts and fake news. And help with innumeracy: an aversion to maths could complicate consensus in the pending partisan gerrymandering case, Gill v Whitford. More here
As Justice Robert Jackson famously wrote  - "We are not final because we are infallible but we are infallible only because we are final."