By Ken Zino

With the republic facing another public hearing by the Select Committee to Investigate the January 6th Attack on the United States Capitol Wednesday, let’s take a look at the fast-breaking developments last week of Donald J. Trump versus the United States of America. Part of the committees’ remit is “to strengthen the security and resilience of the United States and American democratic institutions against violence, domestic terrorism, and domestic violent extremism.”

The U.S. Court of Appeals for the 11th Circuit in Atlanta in a stinging rebuke of Judge Aileen Cannon’s contrary decision, agreed with the Justice Department to let the FBI reclaim access and use 100 classified documents (and “papers physically attached to them”) taken from Trump’s residence in Florida while conducting a legal search. The Trump-appointed (just after the 2020 election) Cannon had ruled that DOJ was not to present “the seized materials to a grand jury and (use) the content of the documents to conduct witness interviews as part of a criminal investigation.” 

Trump’s preposterous argument that he de-classified the documents, either verbally or non-verbally was not addressed by his attorneys (mindful of their own futures if they advised Trump otherwise since there are clear procedures for de-classification?) was rejected completely in the appellate court ruling that said the law should not give Trump special treatment no matter what he was or is. So damaging was the ruling apparently to Cannon’s future career that she cancelled her stay against the use of the documents on the very evening the Court of Appeals issued the reproach.

Then came the special master that the Cannon ruling specified … as part of her egregious opinion in favor of the legally imperiled Trump and his attorneys. Enter special master Raymond J. Dearie, semi-retired judge from the Federal District Court for the Eastern District of New York. He was proposed by Trump’s attorneys and DOJ agreed that he read and sort through 11,000 records or documents that left the White House and turned up in the long-delayed August 8 search of Mar-a-Lago, after more than a year of DOJ maneuvering to get the National Security documents returned.

Dearie, who clearly is tired of all the lies and false arguments floating about in Trump-land in effect said, “Where’s the beef?” Dearie issued an order after the appellate court ruling asking Trump’s lawyers to let him know if there were any discrepancies between the documents that were kept at Mar-a-Lago and those the FBI said it had hauled away. He was countering false allegations that the FBI planted documents. Where’s your evidence, Trump? 

This whole sordid affair would be farce if it solely existed on a Broadway stage: Mari Lago Magic Wand Madness Review and the Art of the Steal. The absurd jokes and steady laughter start as the curtain rises. A president can declassify simply by thinking about it, Trump told Sean Hannity. Guffaw. And the FBI in its legal search was really looking for the deleted e-mails of Hillary Clinton. Guffaw, guffaw. If they are deleted how would Trump have possession of them? Guffaw, guffaw, guffaw. If Trump had them, he certainly would have used them during the last 18 months when he illegally removed presidential records from the White House. Right? Guffaw. Guffaw, guffaw, guffaw

Enter stage left, the New York attorney general with fraud charges, looking to fine Trump $250 million and stop him from doing business ever again in the state. Another “witch hunt” claim is not enough. Trump counters by appearing at his own rallies as a QAnon true believer and booster. Wait, there’s a last-minute script change. It’s Trump and company who are the Satan-worshipping pedophiles in our midst sucking the blood of our children so they won’t live to defend our democracy. 

Curtain for the Mari Lago Magic Wand Madness Review and Art of the Steal?

As grim as Trump’s legal prospects look, there’s also the prospect of conspiracy charges over the 1/6 mob’s effort to have Mike Pence hanged, and ongoing election interference charges in Georgia. Perhaps now, finally, the GOP establishment has had enough. Nonetheless, all the investigations and potential charges haven’t significantly changed people’s views of him, a New York Times/Siena College poll found.

I’m not looking forward to a sequel. Let’s hope the backers -- the institutions and people who support American democracy -- turn off the money and shut Trump and the Art of the Steal down. The show’s over. 

_____

(WED 9/21/22)

New York State Attorney General Letitia James (center, above) announced a $250-million-plus civil suit against ex-President Trump, his family and his company. The suit seeks to permanently bar Donald J. Trump, sons Don Jr. and Eric, and daughter Ivanka from doing business in the state, James announced in a press conference Wednesday. 

The former president also would be barred for five years from entering any commercial real estate acquisition in the state and from applying for any loans from New York-registered financial institutions.

The suit alleges Trump falsely inflated his net worth by billions of dollars over the years. The investigation covered 2011-2021. Of her many examples of alleged over-value, one included the former president’s own apartment at Trump Tower Manhattan, which was listed at 30,000 square-feet, roughly three times its actual size. As a result, the likely value of $127 million was inflated to $317 million in 2012, still more than any apartment sold in Manhattan.

Mar-a-Lago revenue should have been valued at less than $25 million per year, and no higher than $75 million per year – Trump valued his Florida residence and private club at $739 million, she said. No word on the value of Trump’s golden escalator.

The suit also includes these remedies:

 An independent monitor to oversee compliance, financial reporting, valuations and disclosure to tax authorities for no less than five years. 

Generally accepted accounting principles (GAAP)-compliant audited statements, showing Trump’s net worth, for five years.

Replacement of current trustees of Donald Trump’s revocable trust with independent trustees.

The suit also seeks to permanently bar former Trump Organization CFO Allen Weisselberg and controller Jeffrey McConney from serving in financial control of any New York corporation or similar entity in the state. James said former Trump fixer Michael Cohen’s testimony before Congress sparked her office’s investigation. Such alleged white-collar fraud is not “victimless” crime, she said.

“When the well-connected break the law it reduces resources to working people, to regular people, to small businesses and to taxpayers,” James remarked. 

“Claiming you have money that you do not have is not the Art of the Deal. It is the art of the steal.”

•••

Biden Speaks to UN – President Biden did not have to alter his speech much, before the 77th meeting of the United Nations General Assembly in New York in light of Russian President Vladimir Putin’s bellicose statement about extending his attack on Ukraine.

“This war is about extinguishing Ukraine’s right to exist as a state,” Biden said, “plain and simple. And Ukraine’s right to exist as a people. Whoever you are, wherever you live, whatever you believe, that should make your blood run cold.”

Biden equated the fight for Ukraine’s sovereignty as a democratic nation with the struggle to maintain democracy everywhere, including the U.S.

“The only country standing in the way of that is Russia,” he said. While Biden was expected to alter his remarks after Putin announced his “partial military call up” CNN reports the president’s speech written before that announcement held up.

Extending the UN Permanent Security CouncilBiden noted that 141 nations share the United States’ condemnation of Russia’s invasion of Ukraine. He called on the UN to expand its permanent Security Council, which since its inception consists of China, France, the Russian Federation (previously Soviet Union), the United Kingdom and the U.S. Currently, any single country among these five may veto a UN resolution.

Global food security: Biden also announced $2.9 billion in federal funding to strengthen global food security. He disputed Putin’s statement that current global food insecurity is the result of Western sanctions against Russia for its invasion of Ukraine. 

“Our sanctions explicitly allow Russia the ability to export food and fertilizer,” Biden said.

•••

Putin’s Not Bluffing? – Russian President Vladimir Putin announced a “partial military call-up” mobilizing up to 300,000 reservists – falling just short of a draft -- to hold its border with Ukraine, the AP and NPR report. This has set Russians “scrambling” to buy airline tickets out of their country. In his seven-minute address Wednesday, Putin “also warned the West he isn’t bluffing about using all the means at his proposal to protect Russia’s territory,” a veiled reference to the country’s nuclear capability. 

But Russian nukes, as always, are held in-check by Western nations’ capabilities, Sergey Radchenko, professor of Russian history at Johns Hopkins School of Advanced International Studies, told NPR’s Morning Edition, so Putin’s claim his sabre-rattling is not a bluff hints it is indeed a bluff. And U.S. ambassador to Ukraine Bridget Brink tweeted that Russia is showing “weakness” and “failure” after its escalation of the war. She vowed that the U.S. will never recognize Russia’s scheme to claim Ukrainian territory.

Radchenko said plans announced Tuesday by eastern and southern regions of Ukraine currently controlled by Russia to hold votes on becoming an integral part of Russia – which Ukrainian President Vlodomyr Zelenskyy has called a “sham” – is a ploy for Putin to claim that it is Ukraine doing the invading when the country tries to take back those territories.

Biden’s UN Speech: Coming up Wednesday morning, President Biden speaks before the United Nations General Assembly (which Putin will not attend, despite Russia’s membership). The White House is scrambling to rewrite Biden’s speech in light of Putin’s announcement from Moscow, MSNBC’s Morning Joe reports.

•••

No Cake in Mar-a-Lagogate – Special Master Raymond Dearie, the candidate of the two candidates named by Donald J. Trump’s attorneys who was agreed to by the Justice Department, “appeared skeptical” about the former president’s claim he “declassified” classified documents recovered in the FBI’s August 8 search of Mar-a-Lago, as Time put it Wednesday morning. On Tuesday, Judge Dearie told Trump’s attorneys “You can’t have your cake and eat it.” 

Upshot: Trump’s attorneys have avoided arguing that Trump had declassified the documents for fear of breaching ethics standards with an untruth.

--Edited by Todd Lassa

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COMMENTS: editors@thehustings.news

(WED 9/7/22)

Nuking Mar-a-Lagogate… A document describing a foreign government’s military defense, including nuclear capabilities was found by FBI agents in their August 8 search of Donald J. Trump’s Mar-a-Lago residence and private club, The Washington Post reports. (Picture above is for illustration purposes only -- NOT the document(s) in question.) The FBI also discovered documents so sensitive that only the current, sitting president, some of his cabinet members or near-cabinet level officials “could authorize other government officials to know details of a special access program,” the report states, citing unnamed sources. 

On August 8, serving a Justice Department warrant, the FBI found documents stored at Trump’s Florida estate, more than 300 of them classified, with “uneven security,” 18 months after the former president dragged himself out of the White House, WaPosays.

Who has the nukes?: Sources declined to identify to the WaPo the government involved. It’s unclear what level of nuclear capability might be involved, but for the record, here’s the list of known nuclear weapon powers, beside the United States, according to World Population Review: Israel, North Korea (where the former president has had a “love affair” with its leader), Pakistan, India, China, France, the United Kingdom and, of course, Russia.

•••

Bannon indicted again … Ex-President Trump confidant Stephen K. Bannon is expected to surrender to New York State prosecutors Thursday over a new criminal indictment over the $25 million “We Build the Wall” fundraiser, The Washington Post reports. The indictment alleges that Bannon and “several others” defrauded contributors who thought they were funding a portion of then-President Trump’s wall on the southern border with Mexico. 

Uh-oh: Trump pardoned Bannon in 2020 over federal charges in the “We Build the Wall” scheme, but presidential pardons do not apply to state prosecutions.

•••

Massachusetts primary… Donald J. Trump-backed candidate Geoff Diel won Tuesday’s Republican primary for governor, 55.6% to moderate Chris Doughty’s 44.4%, according to Ballotpedia, despite no reports of Democratic Party money helping his campaign. Diel, who is fervently anti-abortion and was the state chairman for Trump’s 2016 campaign, faces Maura Healey on November 8. Healey took 85.4% of the Democratic primary vote Tuesday, and her only challenger, Sonia Chang-Diaz, who unofficially withdrew. 

Healey is now a heavy favorite to win the general election to replace outgoing Republican Massachusetts Gov. Charlie Baker and would become the state’s first openly gay governor. While outsiders think of Massachusetts as deep-blue, it has had only one Democratic governor since 1990, Deval Patrick. 

Note: The reality of Massachusetts is that it has a socially liberal, fiscally conservative constituency, according to Newsweek.Considering its gubernatorial history of the past 32 years, it seems an ideal place for the vastly diminished moderate wing of the GOP.

--Todd Lassa

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COMMENTS: editors@thehustings.news

(WED 8/31/22)

Looks like obstruction of justice … The Justice Department pushed back on federal district judge for the Southern District of Florida Aileen M. Cannon’s “preliminary intent” to grant Trump attorneys a “special master” to overlook the case of the FBI’s August 8 search of government documents kept at Mar-a-Lago, NPR reports. “The Case of FBI’s search of Mar-a-Lago” is not a Nancy Drew title: DOJ released photos of the classified documents, many labeled moved to a floor at ex-President Trump’s Palm Beach, Florida, estate and club, next to boxes of old, framed magazine covers of The Donald. FBI agents had to be granted special security clearance August 8 to inspect some of the documents. 

The DOJ says the classified documents were “likely concealed and removed” from locked Mar-a-Lago storage, to avoid discovery in the FBI search. As pundits have speculated in recent days, the Justice Department’s criminal investigation centers on obstruction of justice.

•••

Gorbachev is dead … Mikhail Gorbachev, the leader who oversaw the dismantling of the Soviet Union and helped end the Cold War, died in Moscow Tuesday after a “long and grave illness,” according to The New York Times. He was 91. 

Gorbachev, who became president of the Soviet Union in 1985, helped bring the Cold War to a peaceful end, freed satellite countries in Eastern Europe and reunited Germany, but his reforms of Russia have since been reversed by its current president, Vladimir Putin. 

“I think he’s one of the most consequential leaders of the 20th Century,” Michael McFaul, ambassador to Russia during the Obama administration, told NPR’s Morning Edition.

--Todd Lassa

_____________________________________

...meanwhile...Mar-a-Lagogate (TUE 8/30/22)

Mastered documents … No need for a special master to review documents confiscated from Mar-a-Lago in the FBI’s August 8 search of ex-President Trump’s Palm Beach, Florida home. The Justice Department has told U.S. District Judge Aileen M. Cannon that a “filter team” already has weeded out material that should not be reviewed by the criminal investigation, The Washington Post reports. Pundits and analysts have been wondering why Donald J. Trump’s attorneys have waited this long to request the special master. Judge Cannon, a Trump appointment, said last Saturday it was her “preliminary intent” to appoint a special master, but now we will not need to wait for her decision. 

•••

Secret Service assistant director retires … U.S. Secret Service Assistant Director Tony Ornato, a key figure in the House Select Committee hearings on the January 6 Capitol attack, has announced his retirement after 25 years of service, Just Security reports. In a key hearing this summer, Cassidy Hutchinson, aide to Chief of Staff Mark Meadows, told the panel that Ornato described then-President Trump as lashing out “in anger” when Secret Service agents refused to drive him to the Capitol on January 6.

--Todd Lassa

_____________________________________

Will Mar-a-Lagogate Finish Trump? (MON 8/29/22)

Donald J. Trump is embroiled in one more scandal that may stretch beyond the limits of his political career.

Again.

This time, however, there is concern over what sort of harm the ex-president’s hubris in running off to Mar-a-Lago with what he has insisted are his White House documents may have imposed on our national security. As originally reported by Politico National Intelligence Director Avril D. Haines has written to the House Intelligence and Oversight Committees that her office will lead an investigation to assess the “potential risk to national security that would result from the disclosure” of the 184 government documents that Trump hauled off to Mar-a-Lago when he left the White House. This will be an assessment of what intelligence sources and systems may have been identified within those boxes of papers kept at the ex-president’s Palm Beach, Florida, estate. 

Of three criminal laws listed as the basis for the search warrant on Mar-a-Lago served August 8, much of the attention has been on the Espionage Act and the FBI’s recovery of 25 top secret, 92 secret and 67 confidential documents. But according to The New York Times Sunday “the crime of obstruction is as, or even more, serious a threat to Mr. Trump or his close associates,” and cites Section 1519 of the Sarbanes-Oxley Act. In other words, Trump may be held responsible for keeping the documents from being returned to the National Archives for more than a year after he left the White House. Violating Section 1519 carries a maximum penalty of 20 years in prison, “which is twice as long as the penalty under the Espionage Act,” the Times says.

Florida judge: Meanwhile, Judge Aileen M. Cannon of the Federal District Court for the Southern District of Florida said Saturday it is her “preliminary intent” to appoint a “special master” to conduct a review of the 184 documents the FBI seized three weeks ago, the NYT says. According to NPR, a special master is usually an attorney or former judge acting as an independent arbiter in the case – typically requested an appointed at the time the warrant is served.

--Todd Lassa

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COMMENTS: editors@thehustings.news

Donald J. Trump’s “offer” to the Justice Department to “do whatever I can to help the country” in lowering tensions among his MAGA supporters over the FBI search of his Mar-a-Lago home for sensitive government documents is being seen as a “threat” by some directed to Attorney Gen. Merrick Garland. (Some conservative media outlets still call the FBI search a “raid.”) Trump made the offer in an "exclusive" interview with Fox News Digital.

Meanwhile, the nation’s top infectious disease expert, Dr. Anthony Fauci, has announced he will retire in December. 

Opine on these or any other recent issues covered here in the Comment box below, or email editors@thehustings.news.

_____

As the FBI receives heightened threats from the radical right over its search of Mar-a-Lago last week, liberal and never-Trump conservative pundits warn the serving of the warrant will inspire a heavy pro-MAGA vote in the midterms, and possibly boost Donald J. Trump’s own chances for the 2024 presidential election. But Democrat strategists also are hopeful that Trump will announce for ’24 this fall and re-invigorate the party’s own chances in the midterms. 

Voice your opinions on which party gains most from the Mar-a-Lago search warrant, whether you are left or right, in the Comment box in the left or right columns, or email editors@thehustings.news. Be sure to read Pundit-at-Large Stephen Macaulay’s take on the ex-prez’s use of his Florida estate as a repository for classified White House papers in the right column.

_____

Although we’re joining Congress in taking recess through Labor Day, this is a good opportunity to voice your thoughts for the right or the left columns. Write your opinions down in the Comments box in this column or the left column, or email us at editors@thehustings.news and please include your political leanings (conservative or liberal) in the subject line.

Scroll down to read our aggregate coverage of the FBI’s search of Donald J. Trump’s Mar-a-Lago estate in Florida and the fallout, with commentary in the left and right columns. Pundit-at-large Stephen Macaulay’s commentary, “Donald Trump and the Art of the Flush” is below in the right column.

_____

By Jim McCraw

Whether he will be prosecuted for it or not, it is a simple fact that, if there had not been a number of classified documents still inside Mar-A-Lago after repeated attempts by federal authorities to return them to the National Archives, it would not have been necessary for the FBI to serve the search warrant and execute the search of the former president’s mansion on Monday.

A simple fact the Trump people resolutely refuse to understand has turned into loud accusations of political persecution. “Persecution” of a man who has been flouting the law since college, told more than 20,000 lies while in office, was impeached twice, lost big in 2020, told The Big Lie about the election, and fomented the January 6th attack on the Capitol, continues to evade and flout the law, but is still somehow a great guy who deserves another chance to run the country.

The right has accused the Biden administration of another witch hunt, while the White House says it has been completely unaware of the timing of execution of the warrant. The White House would have not scheduled Biden’s signing of the CHIPS Act on the same day it would be overshadowed by the FBI’s search of Mar-a-Lago. 

That wasn’t enough to keep the right from bleating instantly about a witch hunt, persecution, and “weaponizing” of the Justice Department. The FBI serves warrants on private citizens in all kinds of federal investigations every day. Donald J. Trump is a private citizen with Secret Service protection, but a private citizen, nevertheless, who had access to classified documents and information for four years and illegally retained some of those documents, contents unknown, which are the property of the American people, not Donald Trump. That’s as much as we know about the FBI affidavit or the search warrant. The documents were there, and they were taken away. Trump’s lawyers have an invoice of items removed from Mar-a-Lago, and they have the right to release that invoice to the public.

For legal actions, warrants and searches involving a former president to even happen in the first place requires very, very careful sequential steps by the DOJ, the FBI, local police, and of course, the Secret Service, which was duly informed prior to the early morning visit to Mar-a-Lago.  The documents were there, illegally, and the FBI took them away.

•••

View from the Left

And so the hard-right continues to lambast the FBI and Justice Department for Monday’s FBI seizure of 12 boxes of documents that belong to the federal government from Donald J. Trump’s Mar-a-Lago. The MAGA-right are listening to the conspiracy social media-right, insisting that the ex-president continues to be mistreated, continues to be the victim of a deep-state witch hunt. This could mean another civil war.

Some even suggest that perhaps the FBI planted those dozen banker’s boxes full of papers found in Mar-a-Lago’s basement. Conversely, The Wall Street Journal reports that it appears to be a Trump insider who tipped off the Justice Department that Trump failed to return all the boxes they had demanded be returned months ago.

Our estimable pundit-at-large, Stephen Macaulay, weighs in on all this on the other side of this page, in the right column. Spoiler alert: Macaulay is, once again not the least bit sympathetic toward Trump. What is Macaulay doing in the right column, you ask? He has always leaned right as a conservative in the traditional sense of the adjective and would consider authoritarian populists like the ex-president to be the true RINOs.

Whether your politics are to the right or left of Stephen Macaulay, you are invited to tell us what you think in the Comments box in this column or in the one on the right, or to email editors@thehustings.news. You’re even invited to defend Donald J. Trump if that’s your thing. Please be civil in your comments, and please avoid false or misleading statements. Your comments may be edited for length or clarity, though not for point of view.

--TL

_____

(FRI 8/12/22)

Some marked ‘top secret’ … and meant to be only available in special government facilities, according to documents taken from ex-President Trump’s Florida estate, as reviewed by The Wall Street Journal. The FBI took about 20 boxes of items, binders of photos, a handwritten note and Trump’s executive grant of clemency to his ally, Roger Stone. Information about the “President of France” was included in the list, which is in a seven-page document included with the search warrant granted by a federal magistrate judge in Florida.

The FBI’s list includes one set of documents marked “Various classified/TS/SCI documents,” (for “top secret/sensitive compartmented information”) the WSJ reports. Agents collected four sets of top secret documents and three sets each of secret documents and of confidential documents. The list gave no other details. 

Trump’s attorneys say that he used his authority to declassify the material before he left office. The president has power to do this, according to the WSJ, but only under a process described by federal regulations. 

Regarding that French president: The FBI searched Trump’s Mar-a-Lago to look for nuclear documents and other items, The Washington Post reported earlier. France, for what it’s worth, is Continental Europe’s only designated nuclear weapons state.

Trump spokesman Taylor Budowich’s response: “The Biden administration is in obvious damage control after their botched raid where they seized the President’s picture books, a ‘hand written note’ and declassified documents. This raid of President Trump’s home was not just unprecedented, but unnecessary.”

Fact-check:

•It was a legal FBI search, not a “raid.” 

•Trump is ex-president, not president. 

•According to the White House, Biden had no knowledge of the search until Trump himself announced it Monday night.

Some Republicans back off: Congressional Republicans are “contorting” themselves over details of the FBI search of Mar-a-Lago, Politico reports. “As new information emerged about the circumstances behind the FBI search … the contrast drew starker between Republicans advancing a knee-jerk defense of the former president and those who are simply calling for additional disclosures” by the Justice Department, including Ohio’s Rep. Mike Turner, the ranking Republican on the House Intelligence Committee.

--Todd Lassa

_____________________________________

Garland Seeks to Unseal Mar-a-Lago Warrant (FRI 8/12/22)

By Todd Lassa

UPDATE: Ex-President Trump has called for the "immediate release" of the Justice Department's search warrant and property receipt for the FBI search at Mar-a-Lago, per NPR, though Trump's own lawyers have always had the right to release these documents themselves.

The Justice Department has filed a motion in the Southern District of Florida seeking to unseal the search warrant and property receipt for the FBI search of Donald J. Trump’s Mar-a-Lago, Attorney Gen. Merrick Garland announced in a rare public statement Thursday afternoon. Garland confirmed that the search was conducted in his authority and used the public forum to defend the actions of his department and of the FBI. 

Copies of the warrant and FBI receipt were provided to the former president’s counsel at Mar-a-Lago on the day of the search, as required by law, Garland said. In accordance with federal law and ethics rules and obligations, the AG was not able to give further details, but Garland said he had to make “certain points” after the strong reaction to the search by pro-Trump followers and pro-MAGA media:

“I personally approved the decision to seek a search warrant in this matter.”

“The department does not take such decisions lightly. When possible, it is standard practice to seek less-intrusive means as an alternative to a search and to narrowly scope any search that is undertaken.”

On the  “unfounded attacks on the FBI and Justice Department agents and prosecutors; I will not stand by silently when their integrity is unfairly attacked. The men and women of the FBI and the Justice Department are dedicated, patriotic public servants. Every day they protect the American people from violent crime, terrorism and other threats to their safety while safeguarding our personal rights. They do so at great sacrifice and risk to themselves…

“I am honored to work alongside them.”

_____________________________________

...meanwhile... (THU 8/11/22)

'Deplorable and dangerous' ... FBI Director Christopher Wray's reaction to Trump supporters circulating threats online toward his agents after carrying out a search warrant on Mar-a-Lago Monday. "I'm always concerned about threats to law enforcement," the FBI chief, appointed by President Trump in 2017, said in a press conference following a visit to the Omaha field office. "Violence against law enforcement is not the answer, no matter who you're upset with." (Per USA Today.)

•••

Gas drops below $4/gallon ... The average price per gallon for regular unleaded in the U.S. is $3.99 as of Thursday, AAA reports, down from a peak of $5.016 per gallon on June 14.

•••

Fomenting civil war? ... Rhetoric from what constitutes the right wing these days raged on over the FBI’s search of Donald J. Trump’s Mar-a-Lago to recover a dozen boxes of classified government documents airlifted with the ex-president to his Florida compound. 

Trump was in Manhattan Monday when the FBI descended on the compound with warrant in hand, and Wednesday he appeared before New York State Attorney Gen. Letitia James for her questioning in the Trump Organization’s civil trial. Of course, Trump evoked the Fifth Amendment to all but one question, The New York Times reports – he confirmed his identity. Of course, Trump’s detractors dug up a tape of him on the campaign trail in 2016, calling the Fifth a mobster tactic and asking why anyone would use it except for evade the truth. Of course he replied to his detractors by saying that now, finally, he knows what good pleading the Fifth is for.

Pleading the Fifth was a smart tactic, and good advice from Trump’s lawyers, University of Michigan law professor and former U.S. attorney Barbara McQuade told NPR’s All Things Considered. Any testimony Trump would give in his company's civil trial could be used as evidence in the criminal trial, McQuade said.

--Todd Lassa

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COMMENTS: editors@thehustings.news

Tuesday’s GOP primary race for governor of Arizona is not over, despite Trump-endorsed candidate Kari Lake’s claims to have won, NBC News reports. Early Thursday, Lake led Mike Pence-endorsed candidate Karrin Taylor Robson, though within a two-point margin.

Lake told reporters she had evidence of voter fraud that were delaying her definitive win, which has not been officially called. 

Comment on the Arizona primaries or any other political issues we’ve covered via the box in this column, or the one on the left, or email editors@thehustings.news.

Scroll further to read about Rupert Murdoch’s Wall Street JournalNew York Post and Fox News stepping away from Donald J. Trump. 

Coverage, analysis and commentary on the House Select Committee investigating the January 6 Capitol insurrection are on Pages 2-6. 

_____

By Todd Lassa

Four-and-a-half years ago, candidate Donald J. Trump promised that if he were elected president, he would “build the wall” on the Southern border, and “make Mexico pay for it.” President Trump ended his single term in office with about 365 miles of new fence that replaced existing dilapidated and outdated fencing, about 40 miles of new primary wall, plus 33 miles of secondary wall where there was none before, factcheck.org reports, quoting the Customs & Border Protection service. This means 73 miles new build. The price tag is an estimated $15-billion. Mexico paid for none of it.

Now President Biden is actually negotiating a own border deal with Mexico. The U.S. is offering excess supply of AstraZeneca COVID-19 vaccine in exchange for Mexico “moving to help the U.S. contain a migration surge along its southern border,” The Washington Post says, citing “senior officials” from both countries. (The U.S. also will extend the vaccine deal to Canada, though obviously without any quid pro quo on help with border security.)

The deal is being negotiated as the Biden administration tries to stem the flow of children and teenagers trying to cross the U.S. border from Mexico and other points south. Biden signed numerous executive orders his first few days in office to reverse President Trump’s strict border control measures.

Republicans are quick to connect this latest crisis to Biden’s laissez-faire immigration policy and reversal of Trump executive orders. Immigrant children are arriving at the southern border without their parents. Under the Trump administration, more than 600 children and teenagers were separated from their families as their parents were thrown out of the U.S. in 2018, explicitly to deter illegal immigration.

On Monday, March 15, House Minority Leader Kevin McCarthy, R-CA, led a bi-partisan delegation to the border at El Paso, Texas, to call attention to the latest flood of illegal immigrants trying to cross the border, a scene that Democrats criticized as a “photo op.”

The numbers of immigrants amassing at the border has, indeed, reached its highest monthly level, NPR reports, since 2019. Immigrants are flowing north primarily from Guatemala, Honduras and El Salvador, NPR reporter Carrie Kahn said, fleeing “high levels” of violence, gangs and poverty, with promises made by human smugglers, while relatives already in the U.S. advise on whether they can find jobs here. The Biden administration seeks $4 billion in aid for these countries to spend on police training and judicial reform.

Proponents of a comprehensive immigration and asylum plan lament legislation proposed during George W. Bush’s and Barack Obama’s administrations, neither of which had a chance to make it through the Senate. Obama’s proposal was essentially an updated variation of the Bush plan. 

Now, following an administration that sought to heavily restrict immigration via executive orders and to appease American workers fearful for their jobs, instead of the traditional Republican constituency of farms and businesses seeking low-cost labor, the Biden administration is working on a new asylum process.

Sen. Robert Menendez, D-NJ, and Rep. Linda Sanchez, D-CA, have introduced bills that seek …

•An eight-year path for undocumented immigrants to become citizens.

•Increases in the number of visas issued to immigrants per-country.

•Changing the term “alien” to “non-citizen.”

The House of Representatives began to take up this proposed legislation March 18. A bill offering legal status to “Dreamers” and migrants admitted for humanitarian reasons, Politico reports, passed by 228-197 vote. A bill offering similar protection to about 1 million farm workers -- estimated to be about half the nation’s agricultural workers – who have entered the U.S. illegally passed 247-174. The Senate will be a steeper climb. Sen. Lindsay Graham, R-SC, introduced a bi-partisan immigration bill in early February, but has more recently told Politico he won’t support “legalizing one person until you’re in control of the border.”

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By Andrew Boyd

The only thing more stomach-churning, to me, than retail politics is wholesale politics, and CPAC is bargain basement in every respect, with a double dose of bombast and the gross absence of humility or measured speech that infects every corner of the body politic today. Giving it as much ink as I’m about to do here is a thoroughly detestable exercise, but that’s the assignment.

First off, CPAC polls are not terribly predictive of real outcomes, so proceed with caution. Yes, Trump pulled 55% of voters in the straw polling, twice that of second-place finisher Ron DeSantis and 13 times that of third-place Kristi Noem. Trump made it clear that a third-party candidacy is not the offing, for him at least. Blessed be he who refuses to commit political suicide. Trump, being transactional by nature, knows better. 

It’s still Trump’s party, as I’ve previously argued, though one might wonder in what kind of shape Trump will be, physically and psychologically, four years hence, when his likely opponent would be Kamala Harris, who never saw a lie she didn’t consider first in terms of its political utility, which makes her just another D.C. bed bug. 

More likely, to my mind, is a Ron DeSantis-Kristi Neom ticket. Other front runners might include Ted Cruz and Josh Hawley. Challenges from the anti-Trump pseudo-conservative wing of the party would include Nikki Haley and Liz Cheney. As of today, however, I’d say, there is no path to nomination that doesn’t run through Trump. Even swampy swamperton, Senate Minority Leader Mitch McConnell, has tacitly acknowledged as much.

More interesting to my mind is the ranking of issues in said polling, with election integrity (62%) running well ahead of more traditional kitchen-table conservative pain points like border security (35%), the economy (32%), gun rights (26%), taxes (22%), national security (20%) and abortion policy (16%). 

For my left-leaning friends, this probably reads as the triumph of misinformation and QAnon-style conspiracy theories. I’m not of the belief that Trump was necessarily denied a landslide victory, but I am not afraid to assert that our election process is a shit show, systemically not up to the standards set forth by the likes of post-war Iraq. Maybe that purple dot thing isn’t a bad way to go, kind of the club stamp of democracy.

Four years may seem a long way off, but it’s really not, and I fear that we’re marching toward a political abyss; that the failure of our politicians to address well-founded concerns surrounding mass mail-in voting, error-riddled voter rolls, the death of voter ID, and the plainly extra-legal actions of state election officials and absence of legal remedy for same (thanks for nothing, SCOTUS) represents an existential threat to democracy and our peaceful co-existence; for if a plurality of the voting population does not believe in the essential propriety of national electoral outcomes, in a country so politically and cultural polarized, the cancer of political violence and mass social unrest will metastasize.

It’s high time that the adults in the room, if they exist, take a step back from the uber-cynical, morally bereft trench warfare of institutional party politics and mainstream media shout fests (yes, I’m including Newsmax and Fox News) and consider how we work together to keep this thing from going altogether off the rails. And don’t look to CPAC or its leftist equivalent for answers. You won’t find any.

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Read the full list of CPAC’s presidential candidate straw poll — click on Forum.

By Todd Lassa

Before the presidential inauguration of Joseph R. Biden, the party structure and big business supporters of the Republican candidate who earned the most votes in U.S. election history are rather suddenly fleeing their erstwhile party leader, President Donald J. Trump. The answer to the question of whether Trump and his family maintain at least some control over the GOP through 2024, when the president has indicated he may run for a second term, appears to have shifted quickly in the days following the pro-Trump insurrection on Capitol Hill. 

It has affected the future of the Trump family’s businesses. On Tuesday, The Trump Organization’s biggest lender, Deutsche Bank, announced it was cutting ties with both the outgoing president and his business interests, Politico reports, quoting “a person familiar with the matter.” Trump owes the bank more than $300 million, Politico says.

In addition, the political news website reports that New York Signature Bank is closing Trump’s personal accounts and has called for his resignation ahead of January 20. The bank plans to “no longer do business” with members who voted against Congress’ certification of President-elect Biden’s Electoral College victory of 306 to 232.

Meanwhile, at least 10 big businesses say they will withhold contributions to those same Republican senators and members of the House of Representatives, including health insurer Blue Cross Blue Shield, which has contributed more to Republicans than Democrats in every election since 1996, according to reports. Others withholding GOP contributions include American Express, MasterCard, Dow Chemical Company and Hallmark. 

BlackHawk, Goldman Sachs, Facebook and Google all will pause political contributions to both parties. 

On Monday, John R. Bolton, Trump’s national security advisor from April 2018 to September 2019, in an interview with MSNBC’s Katy Tur called on the GOP to “purge the taint of Trumpism.” 

Also Monday, Trump’s approval rating fell to a record low for presidential approval ratings, of 33% in the Quinnipiac poll, with 56% of respondents holding him responsible for the Capitol insurrection. This raises the question of what portion of the 74.3 million Americans who voted for Trump last November 3 still support the president after the Capitol Hill riots – and what portion are the type of supporters who would participate in such riots. 

Before the House’s vote on Trump's second impeachment Wednesday, a report in The New York Times and from other outlets said Senate Majority Leader Mitch McConnell, R-Ky, would leave it up to his fellow Senate Republicans whether or not to vote for Trump’s conviction. McConnell’s wife, Elaine Chao, resigned her cabinet post as Trump’s Transportation secretary early in the month.

This slippage in support counters conventional wisdom that Trump-style populism will continue to dominate the Republican Party, which, after Mitt Romney’s loss to incumbent President Obama in 2012, conducted an election “autopsy” to figure out how to adapt a big-tent constituency as the white majority continued to shrink below 50% of the nation’s voting population. 

Even if Trump and his family, especially son Donald Jr. and daughter Ivanka, fade from GOP favor between now and the 2022 midterm elections, several pro-Trump Republicans are poised to make a run for the 2024 GOP presidential nomination. Senators Ted Cruz of Texas and Josh Hawley of Missouri face potential discipline for their votes against the Electoral College certification, but Senator Marco Rubio of Florida is still in the running. Moderate Republicans considered 2024 candidates include Senator Ben Sasse of Nebraska and Maryland Governor Larry Hogan. 

No matter what happens, the traditional Republican issues of tax cuts, small government and minimal regulation will thrive, just as they did under President Trump.

So … what’s next for the GOP? Can it, and should it, purge the Trump family and undermine the power of Trump’s acolytes on Capitol Hill, or should the Republican Party embrace his hard-boiled populism to build on his loyal base?

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By Bryan Williams

Since the release of the smart phone upon the world in the latter half of the first decade of the 21st Century, our collective societal will to have patience has been nearly eliminated. These Internet connected devices have allowed for instantaneous communication, instantaneous transfer of money across the world, and food delivered to our door within an hour. Our political and governmental machinations have not caught up. They are still painstakingly slow. That it takes two and half months between a presidential election and the inauguration of the next president is enough to make us tear our hair out (and have enough time to order a wig on Amazon to be delivered within two days).

Let me be clear: Any admiration I had for President Trump is now gone. He must go. But how? It is agonizing to think he has (as of my writing this) 291 hours left in his presidency before Joe Biden is sworn in. How do we wait that long?

Many have said Vice President Pence and the Cabinet should invoke the 25th Amendment. Cabinet secretaries are dropping like flies with resignations over Wednesday's chaos, so soon there may not even be enough of a Cabinet left to invoke the 25th. But even if there were, in my opinion, this would be the wrong course of action. The 25th Amendment is to be used when the president is physically or mentally incapacitated. Working in the mental health field as I do, I can tell you it would be a stretch to declare Trump mentally incapacitated. Trump is mentally capable of doing many things. He is of sound mind. The problem is, he just won't do what is right. We should not degrade the 25th Amendment even though it would be tempting to do so, and I believe, could be up to legal challenge in this case.

How about impeachment by Congress? This is most attractive and should be undertaken even if there is not enough time considering how slow this process is. At the very least Congress should censure Trump.

What should happen is for Trump to resign and let Pence be our President for the balance of the remaining 291 hours. But we all know he won't. Trump is going to ride this horse until its time is up on January 20th at 11:59AM EST.

So the rest of us here in America have to be adults and have a little patience - 291 hours isn't so bad, is it?

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By Andrew Boyd

When my now wife and I were early in our dating relationship, some 25 years ago, she took a position as a “scab” at the Detroit News in the midst of a writers’ strike. I recall listening to a local NPR affiliate interview with the union’s leading spokesperson, who justified physical violence as a response to verbal violence, and I thought “no.”

The next morning, I was dropping my wife off at the curb and as she sought to navigate the picket lines, same said person put a megaphone to her ear and yelled a series of pejoratives. A minute or so later, people were pulling the two of us apart. Wait, did I just expose my hypocrisy? Yes, although one might argue the proximity of the megaphone threatened real physical damage. I’m not perfect, and I failed to live to my own standards, not for the first or last time. 

Silence isn’t violence. Words aren’t violence. Violence is violence, and those who commit it are due their punishment. Left, right, center.

British psychologist Havelock Ellis observed that all civilization has, from time to time, become a thin crust over a volcano of revolution. We’ve been taking a pickax to that crust for the better part of two decades, and there are more fingerprints on that tool than we can reasonably name in this column. 

Politics is blood sport, and it has a way of bringing out the worst in people on the margins socially, emotionally and ideologically. We saw that in full measure this past summer, and again, to a much lesser degree, yesterday. In neither case would I lay the responsibility legally at the feet of anyone whose rhetoric may have played a role. We can’t equate speech with physical violence. It’s not right on principle, and on the basis of that argument, I cannot support the notion of impeachment or invocation of the 25th Amendment.

Here we are talking about the difference between legal and moral obligations, a critical important distinction. Are Trump’s fingerprints on that pickax? Yes. So, too, Hillary with her “deplorables” invective, and Maxine Waters, and media who run cover for BLM and Antifa activist rioters, and popular voices on both sides of the aisle.

I’m not happy with Trump. Indeed, I’m deeply, deeply disappointed. His narcissism would seem to know no bounds. He shirks all responsibility for the power and purpose of his words. Managerially and ideologically, I’ll still take him six days a week and twice on Sunday over the likes of Joe Biden, but it’s fair to wonder about the net gains or losses for the Republican Party over time.  

Trump bears no small moral stain, but none that rises to the level of legal or constitutional action, IMHO. I feel bad for Pence, though. That guy has probably endured assaults to his character that would lay low a lesser man, like me. He didn’t deserve the opprobrium leveled at him by DJT in this refusal to take extra-constitutional action. Perhaps he’ll arise as the new voice of a more principled conservative movement that stands stalwart in the face of the morally bankrupt swamp.   

In the meantime, please, everyone, talk and act with care, and imagine that the person with whom you disagree, even vehemently, may not in fact be your enemy.  

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