Republican Attacks on the Character of Witnesses

Nearly every day a patriotic American courageously exposes presidential corruption by testifying in Congress about Donald Trump's shakedown of the Ukrainian president to extort political assistance. As each of these truthtellers comes forward, the media recounts his or her impeccable background and commitment to non-partisan national  service. 

Surely, talking heads conjecture, the character and honesty of these sterling witnesses dare not be impugned. After all, they include career diplomats and high ranking officials who have served under both political parties, a wounded and decorated military officer and even an ultraconservative appointed by Mr. Trump. Nonetheless, the stellar reputations of these witnesses has not insulated them from attacks by the Republican hierarchy and the far right media.

Their dedicated service and sacrifice have not deterred assaults on their bona fides or integrity. They have been excoriated as faceless, Deep State bureaucrats, disloyal immigrants who may be engaged in espionage and deranged Trump haters. This baseless and self-interested disparagement of  conscientious citizens is almost as despicable and damaging to our democracy as the misconduct  it is intended to disguise. 

Sean Hannity's Alternative Universe

The alternative universe inhabited by Fox anchor Sean Hannity grows weirder each evening. A parade of patriotic public servants have testified before Congress, nailing down with precise and corroborated testimony the abuse of power, corruption and inexplicable obeisance to Putin of President Donald Trump, Hannity basically ignores these facts except to cast an occasional stone at some of the witnesses.. Instead, he breathlessly alerts his audience to the unfolding scandal of the “non-whistle blower” who is about to be outed as another Deep State conspirator with undisclosed ties to the “cowardly, congenital liar “, Rep. Adam Schiff. According to Hannity, Mr. Schiff is conducting a Soviet style inquisition to take down the President.

More disturbing, Mr. Hannity’s fellow travelers in this fantasy world include congressional leaders Kevin McCarthy and Steve Scaliese and the nation’s chief law enforcement officer, Attorney General William Barr.

This latest scandal will take its place in Hannity’s pantheon of earth shattering transgressions, which include Barack Obama’s cavorting with terrorists, the Benghazi debacle, the Steele Dossier, Hillary Clinton’s emails and the infiltration of the FBI and the CIA by radicals like Robert Mueller, James Comey and John Brennan. Hannity warns, with increasing crescendo, that America, as we know it, will be no more unless “you, we the People” take action against the Trump-hating, out of control radical Left and its allies in the “Fake News, lying media. Lewis Carrol has been outdone . We are living in a modern Wonderland.

Senator Lindsey Graham's Shifting Standards

Senator Lindsey Graham is a chameleon; he changes colors and postures from day to day, administration to administration.

Senator Graham declared recently that if President Donald Trump conditioned financial aid to the Ukraine upon receipt of assistance to his campaign, that would be grounds for impeachment. Now that the evidence establishes a “quid pro quo”, Sen. Graham no longer finds that exchange offensive.

When Bill Clinton was president Sen. Graham considered abuse of power an impeachable offense. Now that Donald Trump is the abuser Sen. Graham no longer finds it a sufficient ground for impeachment. When Special Counsel Kenneth Starr privately interviewed witnesses during his investigation of Mr. Clinton, Sen. Graham  was not troubled. When a congressional committee now proceeds in the same manner, in its inquiry concerning Donald Trump, Sen. Graham is outraged and has moved to condemn the process as unconstitutional and a violation of Due Process.

Senator Graham is either a man of many minds or a pliable tool of the president. Neither condition befits a United States senator.

House Republicans Invade a Deposition

As the evidence of President Trump's abuse of power and corruption mounts and his shifting defenses have fallen to the wayside, House Republicans have resorted to specious claims of unconstitutionality and lack of due process in the conduct of the impeachment investigation. Never mind that such investigations, like grand jury proceedings and the practice of past special counsels, must be and have been conducted in private until charges are recommended. Or that, notwithstanding their claims to the contrary, Republican representatives and their staff are present at the depositions of witnesses and have a full opportunity to cross-examine. 

The president and his congressional accessories falsely assert that the impeachment will occur in secret and will amount to a "Soviet style" coupe, though they know full well that the investigation will lead to open hearings and a vote in the House to be followed by a full public trial in the Senate where the President's lawyers will be free to present his defense with all of the protections afforded an accused.

Their deceit having failed, House Republicans, with the encouragement of the president and egged on by the far right media, have now adopted the tactics of the mob, invading the hearing room, disrupting proceedings, intimidating witnesses and violating House rules prohibiting cameras, phones and recording devices in secure facilities. If this dangerous and undemocratic turn to violence is not called out immediately by responsible Republicans, and reacted against by an outraged citizenry, the foundation of our democracy will be seriously at risk.

Replacing Rikers

The importance of closing Rikers Island cannot be overstated, both because of its practical consequences and its symbolic message. As a former Chair of the New York City Board of Correction and a retired Criminal Court Judge, I believe I have a fairly unique perspective on how that jail complex impacted lives and communities and how its closing will usher in a new and humane response by the criminal justice system to addressing crime, punishment and rehabilitation.
Unquestionably, incarceration on Rikers is an horrific experience, especially for inmates awaiting trial ( a majority), who are held because of their inability to post bail. Violence committed by inmates and correction officers alike is a daily occurrence. Inhospitable living conditions, lack of proper medical and psychiatric care and, most debilitating, solitary confinement, have resulted in suicides, homicides and emotional dysfunction. While there has been some remediation, such as curtailing isolation, conditions on the island are little improved and remain grossly unacceptable.
Even for those who have been convicted and are serving short sentences, the ever present specter of violence and the substandard living conditions impose an unduly punitive and threatening existence. The inadequacy of educational opportunity, job training and medical and  psychiatric care for this cohort make more problematic their release to society and increase the likelihood of repeated offenses.
The jails to be built as a replacement for Rikers will have the virtues of housing fewer inmates, having modern and more humane facilities and of being located in neighborhoods convenient for family visitation and in close proximity to the courts where the cases are heard. The long delays inherent in transporting defendants to distant courthouses, a major vexation for judges and jurors, will be obviated.
Some argue that the projected decrease in prison population is overly optimistic and that the capacity of the proposed new jails will be inadequate to house all those detained. That fear will prove illusory given the recently enacted measures to end cash bail and to decriminalize minor offenses. Further, as a former judge and current judicial hearing officer, I am hopeful that more judges will have the wisdom and courage to recognize that most accused non-violent offenders can be released pending trial without risk of flight or threat to safety. The combination of these factors undoubtedly will reduce the prison population to an even more humane level (small steps in ending the evil of mass incarceration) that can be served by the new facilities.

Citizen Comey's Dilemma

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Former FBI Director James Comey's patriotism, regard for the truth and dedication to public service should be beyond question. (Oct.13, p.1)His judgement and egoism not so much. The dilemma which upended Mr. Comey's professional life, and which haunts him still, could have been avoided by a clearer and more just protocol governing the conduct and disclosure of  criminal investigations by the FBI of candidates for elective office.

There must be a statutory, inviolate rule that such investigations may not be disclosed unless they result in the bringing of an indictment by a grand jury. The validity of any such indictment would be subject to prompt, in camera judicial review. The trial and any appeal must be expedited. The same law should override the opinions of the Office of Legal Counsel of the Justice Department, that a sitting president may not be criminally prosecuted for unlawful conduct. This will insure that investigations need not be rushed unduly nor defanged by the prospect that the subject of the investigation may be elected to office before its conclusion.

AG Barr Seeks Foreign Assistance to Discredit Mueller

It is now Attorney General Barr's highest priority to travel the world seeking evidence to impugn the motives of the investigators who uncovered and reported on Russian interference in the 2016 election. Manifestly, neither Mr. Barr nor his presidential client have any interest in preventing ongoing and further meddling by Russia in the forthcoming election despite dire warnings from the intelligence community and Robert Mueller. Indeed, Mr. Trump has made it clear that he would welcome such illicit aid.

With the integrity of our election in peril and the foundation of our democracy gravely threatened, the Democrats in Congress must take on the responsibility shirked by our Chief Executive. They must empanel a special blue-ribbon commission whose mission is to devise measures to counter the assault on our political process and insure the integrity of our elections. In other words, take the protective steps one would have expected from our president and attorney general who appear more interested in giving comfort to Russia than safeguarding America.