EPA Puts Costs Ahead of Human Health

Despite the on-going chaos it is becoming apparent that there is a certain symmetry to the Trump administration's approach to governing. The latest example, the proposed rollback by the Environmental Protection Agency of mercury and particulate emission regulations that will surely increase the incidence of illness even as the administration and its allies in the states move to limit the availability of healthcare.(EPA Proposal Puts Costs Ahead of Gains In Human Health,  Dec.29, A15)

The vile nature and mercenary motive underlying these measures are evidenced by the identity of the players. EPA chief Andrew Wheeler's actions are hailed by  the client he formerly lobbied for (Robert Murray, Head of Murray Energy) while, tellingly, other energy companies which invested heavily to come into compliance oppose the rule changes. Meanwhile, the cuts in healthcare coverage are needed to fund the recent tax windfall for corporations and top earners.

President Trump's re-election slogan should read "Make America Sicker to Enrich the Wealthy".

Nationalism

David Brooks, in his column, "Yes, I'm an American Nationalist" (NYT 10/26/18, A25), declares that his love of country defines him. Though he applauds diversity and rejects "tribe against tribe", in his personal poll-taking he has found that only five percent of people feel most connected to humanity as a whole. Apparently, that justifies his enlightened nationalism.
I submit that Mr. Brooks takes a short-sighted view of nationalism. In reality, nations are but large tribes, however composed, whose self-interest historically and inevitably generated conflict. Yes, love of homeland is important in the present world configuration but, aspirationally, the goal should be one people, undivided and with a common interest in making life better for all.

The Sentencing of Lt. Gen. Michael Flynn

 

In his initial sentencing memorandum Special Counsel Mueller praised Lt. Gen. Michael Flynn, paid homage to his service, placed great value on his cooperation and recommended that he be spared a jail sentence. Implicit in this report was that Gen. Flynn had provided information likely to be highly damaging to President Trump. 

One would expect, therefore, that Mr. Trump and his acolytes would set about attacking the General and attempt to undercut his credibility.

But no, Mr. Trump recently began to heap praise upon Flynn and decry the unfair way in which he was tricked and trapped into admitting guilt for telling non-lies. Sean Hannity, Trump's advisor and mouthpiece on Fox News, has been promoting that same line but on steroids for the past two weeks. Gen. Flynn, according to Hannity, is a national hero who has been ruined by unscrupulous Deep-Staters who led him to plead guilty to a non-existent crime.

What is going on? Well perhaps we now know. Attorneys for Gen. Flynn have just filed their own pre-sentencing memo and, even though he is not likely to receive any jail time, Flynn has adopted the stratagem of claiming to be the victim of FBI misconduct (a claim soundly refuted by a response from Special Counsel).

So it would seem that Gen. Flynn has resumed his courtship of President Trump by undermining his own credibility and, thus, the value of his previously provided information. Presumably, he is again expecting (and perhaps has been promised) a presidential pardon as a reward for his eleventh hour turnabout. For this double-dealing he should be sent to jail. 

Alan Dershowitz. He's Back!

After a period of lowered profile, Prof. Alan Dershowitz has burst forth again as the go to liberal, legal pundit and favorite turncoat of Fox News and Sean Hannity. Having seemingly been shamed into quietude by the escalating misdeeds of President Trump and his administration, Prof. Dershowitz has re-emerged with even greater fervor to make a case for Mr. Trump's ongoing destruction of the rule of law and to denigrate the motives and methods of Special Counsel Robert Mueller.

This time Prof. Dershowitz hardly attempts to cloak his tirades as the reservations of a concerned protector of civil liberties but, instead, echoes and amplifies the attacks of his friendly inquisitor, much to the obvious delight of Mr. Hannity.

Why has Prof. Dershowitz remounted his defense of Trump and his putdown of Mueller? Perhaps the sales of his book are lagging or maybe he is trying to find new friends to replace those he has alienated and lost

Appointment of Whitaker an Ethical Outrage

The firing of Attorney General Jeff Sessions and the appointment of Matt Whitaker as his replacement has brought this nation to the threshold of a constitutional crisis.Mr. Whitaker has said publicly, on multiple occasions, that the Mueller investigation had crossed a redline and should be curtailed. He has also defended Donald Trump Jr. taking a meeting with Russians who offered to provide dirt about Hillary Clinton. Ethical standards would mandate that Mr. Whitaker recuse himself from any role in overseeing the Mueller investigation. That is not going to happen.
While Whitaker may be foreclosed by law from firing Mueller without good cause he is likely to claim falsely the existence of such cause. Alternatively, Whitaker will move to handcuff Mueller and insure that his anticipated findings never see the light of day.
The response to this unfolding outrage must be immediate and robust. The Congress must enact protective legislation. The soon to be chairs of the House Intelligence Committee (Rep. Adam Schiff) and the Judiciary Committee (Rep. Jerrold Nadler) should instruct Mueller to deliver his findings to their respective committees. They should also announce their intent to initiate investigations into the circumstances of the Whitaker appointment. Mueller must share his work product with the US Attorneys having jurisdiction of the subject matter of his investigation. Mueller should also immediately, if he has not already done so, request that Dep. Attorney General Rod Rosenstein grant him authority to share his findings with Congress.
Meanwhile, all respecters of the Constitution and adherents of the rule of law must take to the streets, en masse, to protest any attempt to subvert the critical work of the Special Counsel.

The FBI and Kavanaugh

It is now patently obvious that the supplemental background check performed by the FBI was a sham. The only uncertainty is why and the options for answering that are limited. Either the Bureau was straitjacketed by instructions received from Chairman Grassley and/or the White House or the agents were incompetent and/or ill-motivated. The failure to interview a majority of available witnesses or attempt to pinpoint the time and place of the assault is inexcusable. The scope of the inquiry was limited to corroboration of the attack and neglected to pursue evidence of excessive drinking or lying by Judge Kavanaugh.
Whatever the failings of the investigation, no rationale senator can ignore the blatant demonstration of Judge Kavanaugh's injudicious temperament and undisguised partisanship. As a horde of law professors have opined, Judge Kavanaugh is unfit to serve as a Justice of the Supreme Court

Standard of Proof in Kavanaugh Nomination

Republican senators on the Judiciary Committee have argued that evidence of Judge Brett Kavanaugh's misconduct is uncorroborated and fails to meet the test of proof beyond a reasonable doubt. As a prosecutor, many of the cases I tried involved only a single eyewitness, the victim. Even in the absence of other corroborating evidence, if the jury found that witness credible and accepted the accuracy of her identification of a perpetrator, the verdict was guilty even applying the high bar of proof beyond a reasonable doubt.

Judge Kavanaugh's bid to become a Justice of the Supreme Court must be gauged by his fitness to serve, a far lesser standard than the one applied in criminal trials. If Dr.Ford is believed, as the senators profess, and her testimony is, indeed, persuasive and credible, the Senate must reject Brett Kavanaugh. That conclusion is buttressed by the intemperate, blatantly partisan and unjudicial tenor of his response.