RUTHFULLY YOURS

http://thefederalist.com/2018/08/23/there-is-nothing-illegitimate-about-the-brett-kavanaugh-nomination/

Perhaps one day a court will find that Donald Trump had conspired with his personal lawyer Michael Cohen to pay non-disclosure agreements meant to silence his mistresses. Perhaps one day the House will impeach Trump for breaking those campaign finance laws, and then, maybe the Senate will also remove him from office.

Those are the mechanisms that have been provided by the Constitution to thwart a president from nominating justices to the Supreme Court. I’m afraid there’s no clause in the document that empowers angst-y liberal pundits and politicians to question the legitimacy of duly confirmed justices.

But much like their ideal Supreme Court, Democrats have set about fabricating brand new extra-constitutional standards that happen to always align with their partisan aims. Their latest concocted stipulation states that anyone nominated by a president under suspicion of criminality becomes “illegitimate.”

Democratic Sens. Mazie Hirono and Ed Markey canceled meetings this week with prospective Supreme Court Justice Brett Kavanaugh. Markey said the nominee was “illegitimate” because the president was “all but named as a co-conspirator.” A similar sentiment was repeated by many Democrats and liberal pundits. The Supreme Court itself, contends The New York Times’ Paul Krugman, would become “fundamentally illegitimate.”

https://www.nationalreview.com/magazine/2018/09/10/the-last-victim/

On January 23, 2014, the Florida Parole Commission sent Frank Fuster a letter informing him that, owing to a recent policy change, it had determined that his initial interview was scheduled for March 2134. No, that isn’t a misprint. His first parole hearing is scheduled in 120 years. And this for a crime that, by any fair reading of the evidence, not only did Fuster not commit but never even happened.

Thirty-three years ago, Fuster, along with his young wife, Ileana, was convicted of sexually abusing children at his suburban Florida home, where Ileana provided day care. He is the last person charged in the mass sex-abuse-in-day-care scares that made headlines from the 1980s to the mid ’90s to remain in prison. Part of a broader obsession with child sex abuse — therapist-induced repressed “memories” of incest destroyed thousands of families — the day-care cases were a modern version of the Salem witch trials of the 1690s, down to allegations of Satanic rituals by caregivers. They stand as a warning to those who look condescendingly at our Salem ancestors, incredulous that judges and public alike would believe girls writhing and shrieking that they were at that moment being pinched by the accused sitting far away in the dock. As a young attorney, Robert Rosenthal cut his teeth on the day-care cases, winning reversals on appeal in a number of them.

https://www.realclearpolitics.com/video/2018/08/22/dershowitz_candidate_entitled_to_pay_hush_money_committed_no_election_crime.html

Alan Dershowitz said the only campaign violation that could have happened is if former Trump attorney Michael Cohen did break a campaign finance law on his own volution and called the situation a “Catch-22” on MSNBC this afternoon.

MSNBC HOST: Can I ask about a couple things, Alan? .. You said last night, ‘All Cohen has to do is say the president directed me to do it. That’s the kind of embellishment people put on a story when they want to avoid dying in prison.’ Are you suggesting Cohen lied under oath?

ALAN DERSHOWITZ: Well, we don’t know. All we know is what Judge Ellis said.

Judge Ellis said is when you put pressure on somebody like Cohen, there is an incentive to embellish the story and make it better because he’s now facing 4 years. So if he comes up with strong evidence against the president that will be reduced to 2 years, 3 years, or 1 year. …

I have no idea whether Cohen is telling the truth or not, but the interesting thing is, if Cohen is telling the truth it’s a catch-22 for the prosecution. Let me lay this out for 60 seconds…

Here’s the issue: The president is entitled to pay hush money to anyone he wants during a campaign. There are no restrictions on what a candidate can contribute to his own campaign. So if, in fact, the president directed Cohen to do it as his lawyer and was going to compensate him for it, the president committed no crime. if Cohen did it on his own —

https://pjmedia.com/news-and-politics/despite-comey-assurances-vast-bulk-of-weiner-laptop-emails-were-never-examined/

When then-FBI Director James Comey announced he was closing the Hillary Clinton email investigation for a second time just days before the 2016 election, he certified to Congress that his agency had “reviewed all of the communications” discovered on a personal laptop used by Clinton’s closest aide, Huma Abedin, and her husband, Anthony Weiner.

At the time, many wondered how investigators managed over the course of one week to read the “hundreds of thousands” of emails residing on the machine, which had been a focus of a sex-crimes investigation of Weiner, a former Congressman.

Comey later told Congress that “thanks to the wizardry of our technology,” the FBI was able to eliminate the vast majority of messages as “duplicates” of emails they’d previously seen. Tireless agents, he claimed, then worked “night after night after night” to scrutinize the remaining material.

But virtually none of his account was true, a growing body of evidence reveals.

In fact, a technical glitch prevented FBI technicians from accurately comparing the new emails with the old emails. Only 3,077 of the 694,000 emails were directly reviewed for classified or incriminating information. Three FBI officials completed that work in a single 12-hour spurt the day before Comey again cleared Clinton of criminal charges.

https://www.wsj.com/articles/is-kavanaugh-legitimate-1534979653

We figure we’ve seen everything, but then Chuck Schumer keeps providing a daily education in weird political science. The Senate Democratic leader on Tuesday attempted the double bank shot of claiming that Brett Kavanaugh shouldn’t be confirmed for the Supreme Court because Michael Cohen copped a guilty plea.

“It is unseemly for the President of the United States to be picking a Supreme Court Justice who could soon be, effectively, a juror in a case involving the President himself,” Mr. Schumer declared, picking up a trope that has quickly become part of the liberal echo chamber. Senators Mazie Hirono (Hawaii) and Ed Markey (his own private Idaho) cancelled meetings with Judge Kavanaugh, with Mr. Markey saying he is now an “illegitimate” nominee.

So let’s see. Donald Trump is the elected President with the power of appointment under the Constitution, but because his former lawyer has pleaded guilty to evading taxes and paying off a couple of Mr. Trump’s alleged mistresses, Mr. Trump no longer enjoys the powers of the Presidency under Article II. This novel interpretation of presidential authority somehow eluded James Madison.

As for Judge Kavanaugh being a “juror” for Mr. Trump if he is confirmed to the High Court, the Chief Justice presides over Senate impeachment trials. Associate Justices have no role. The jury is 100 Senators, who get a vote only after the House impeaches a President.

https://www.wsj.com/articles/why-mueller-cant-subpoena-trump-1534973736

Donald Trump’s lawyers have signaled he won’t agree to a voluntary interview with special counsel Robert Mueller. If Mr. Mueller insists, he will have to subpoena the president. To enforce a subpoena, the special counsel would have to go to court and meet a highly exacting standard, showing what he wants and why he needs it. He would be unlikely to succeed, given that Mr. Trump already has cooperated extensively with the investigation, producing 1.4 million documents and making dozens of White House staffers available for interviews.

The leading precedent is a 1997 opinion, In re Sealed Case, by the U.S. Circuit Court of Appeals for the District of Columbia. The case involved the independent counsel investigation of former Agriculture Secretary Mike Espy, who was accused of receiving unlawful gifts. The independent counsel sought to obtain sensitive documents produced in the course of an internal White House inquiry. These materials involved the preparation of a report to then-President Clinton himself. Although Mr. Clinton had directed that most of the materials be provided, he asserted executive privilege to withhold some items.

At issue in particular was information regarding whether Mr. Clinton should discipline or fire Mr. Espy, who did resign. To justify producing such sensitive materials involving “the exercise of [the president’s] appointment and removal power, a quintessential and non-delegable presidential power,” the court required the independent counsel to demonstrate with “specificity” why he needed the materials and why he could not get them, or equivalent evidence, from another source. (Mr. Espy was acquitted in 1998.)

Mr. Mueller’s initial charge was to investigate Russian interference in the 2016 presidential election and possible collusion between the Trump campaign and the Russian government. But his investigation has expanded to cover whether Mr. Trump has obstructed justice. The president’s critics say his obstructive acts include urging then-FBI Director James Comey to “go easy” on former national security adviser Mike Flynn, subsequently firing Mr. Comey, and his public criticism of Mr. Mueller, Attorney General Jeff Sessions and Deputy Attorney General Rod Rosenstein.

There are significant factual disputes about these episodes, but all involve the president’s exercise of his core constitutional powers as chief executive, including the power to appoint and remove high-level executive-branch officials, to supervise the performance of their duties (as in the Espy case), and to determine law-enforcement priorities. We have argued in these pages that the president cannot obstruct justice by exercising the discretionary powers of his office, especially in determining whether and why to fire high-level presidential appointees like Mr. Comey. According to the two leaked letters from Mr. Trump’s lawyers to Mr. Mueller, they take essentially the same view. CONTINUE AT SITE

https://www.wsj.com/articles/cohen-joins-the-resistance-1534962801

Michael Cohen’s lawyer is on the talk-show circuit teasing the possibility that his client might have the long-sought evidence of Russian collusion for special counsel Robert Mueller. Mr. Mueller for his part must be wondering why Team Cohen seems to be doing everything it can to present the former Trump attorney as an unserious partisan axe-grinder rather than a credible witness.

The website Mediaite asks:

So why, exactly, has Lanny Davis been all over television and radio Wednesday morning — hours after his client, Michael Cohen, accepted a deal to plead guilty on eight counts of various violations?

The answer came into focus a bit on Megyn Kelly Today, as the lawyer made a direct appeal to viewers to give money to Cohen so that he can “continue to tell the truth.”

Mr. Davis expressed the hope that Americans would visit a website, michaelcohentruth.com, to donate money. Mr. Davis may have been confused about the name of the site. As of this afternoon the address brings web visitors to a Trump campaign website. It seems unlikely that those attending the Kelly show were aware that Mr. Davis was inadvertently sending potential donors to Team Trump, but they seemed amused anyway. According to Mediaite:

The audience straight up laughed at Davis’s plea for cash.

“I don’t know if they’re ready to donate, Lanny,” host Megyn Kelly said.

But that didn’t stop the attorney from trying to get in the pockets of those watching at home.

“I would say the reaction of your audience may be they are not as interested in getting the truth out about Donald Trump as many other people in the country,” Davis said. “Approximately 60 percent of the country would not have the reaction of your audience.”

This last comment brought murmurs and boos from a clearly skeptical crowd.

More skepticism may result as people ponder the unique representation that Mr. Davis is providing to Mr. Cohen. The Washington Post notes:

Asked on NPR whether Cohen would accep

https://pjmedia.com/trending/obama-was-accused-of-offering-hush-money-and-no-one-cared/

Yesterday’s news that President Trump’s former lawyer Michael Cohen pleaded guilty in federal court and accused Trump of committing a federal crime by directing him to pay hush money to two women “for the principal purpose of influencing the election” was definitely shocking. According to Cohen and his attorney, Trump violated campaign finance laws by allegedly directing Cohen to make these hush money payments. This point had me confused.

For the moment, let’s put aside the obvious problems with Cohen’s credibility and assume he’s telling the truth. According to a Reuters article about the Cohen pleas:

Under U.S. election law, campaign contributions, defined as things of value given to a campaign to influence an election, must be disclosed. A payment intended to silence allegations of an affair just before an election could constitute a campaign contribution, which is limited to $2,700 per person per election, some experts said.

So, let’s review… A payment to silence someone from making potentially damaging statements “could constitute” a campaign contribution according to “some” experts? There’s clearly a significant amount of subjectivity here. But, here’s the thing: if everything went down as Cohen says it did, then why wasn’t Obama held to the same standard?

That’s right, Barack Obama also offered an individual hush money “for the principal purpose of influencing the election,” but you probably never heard about it. It wasn’t to silence a mistress though, it was to silence his former pastor, Jeremiah Wright. Wright’s inflammatory, anti-American rhetoric caused Obama significant headaches during his first presidential campaign, and he tried to contain the damage to protect his chances of winning the White House.

Edward Klein broke the story in the New York Post on May 13, 2012—the same year Obama was reelected—that Obama’s team tried to buy Wright’s silence during the 2008 campaign. According to Wright, he was offered $150,000 through an Obama intermediary (one of Obama’s closest friends), and Obama himself tried to persuade him to keep quiet.

“Did Obama himself ever make an effort to see you?”

“Yes,” Wright said. “Barack said he wanted to meet me in secret, in a secure place. And I said, ‘You’re used to coming to my home, you’ve been here countless times, so what’s wrong with coming to my home?’ So we met in the living room of the parsonage of Trinity United Church of Christ, at South Pleasant Avenue right off 95th Street, just Barack and me. I don’t know if he had a wire on him. His security was outside somewhere.

“And one of the first things Barack said was, ‘I really wish you wouldn’t do any more public speaking until after the November election.’ He knew I had some speaking engagements lined up, and he said, ‘I wish you wouldn’t speak. It’s gonna hurt the campaign if you do that.’ CONTINUE AT SITE

https://www.frontpagemag.com/fpm/271097/what-lefts-defense-brennan-really-exposes-bruce-thornton

The progressives’ hysterical response to President Trump stripping the security clearance from ex-CIA boss John Brennan reveals the sandy foundations of progressive ideology and its technocratic rule. Trump, of course, was responding to Brennan’s blatant politicization of his office, both while working for Obama, and now as a paid talking head on MSNBC. Like all attacks on Trump, the defense of Brennan is so intense because any assault on the federal Leviathan threatens to expose the false assumptions justifying its concentrated and unaccountable power.

The rush to the barricades on the part of bipartisan anti-Trumpers and deep-state veterans was a harrumphing “how dare you sir” rhetorical misdirection away from the privilege and power enjoyed and abused by the deep state. The fundamental justification for that power is the technocratic expertise its functionaries presumably possess. From the start progressives have rationalized their dismantling of the Constitution’s separated powers, and their expansion of federal offices and agencies, by touting “the beneficent activities of expert social engineers who would bring to the service of social ideals all the technical resources which research could discover,” as progressive theorist Herbert Croly put it.

https://www.wsj.com/articles/manafort-cohen-and-trump-1534894066

The jury conviction of Paul Manafort and the guilty plea by Michael Cohen on Tuesday are a damaging commentary on the shady operators Donald Trump associated with in his private and political life. Whether they also pose a fatal threat to his Presidency is far from clear, however, and the evidence in both cases is unrelated to the Russian collusion claims that set these prosecutions in motion.

A Virginia jury convicted Mr. Manafort on eight counts of fraud in his personal financial dealings, while failing to reach a unanimous verdict on 10 others. As these columns warned Mr. Trump in 2016, Mr. Manafort is a longtime Beltway fixer whose business was profiting from his political connections. He is the personification of “the swamp.”One irony is that Mr. Trump hired him as campaign chairman in part because most Republicans with political experience shunned the New York insurgent. Mr. Trump knew Mr. Manafort from his apartment in Trump Tower, and he came recommended for his experience as a convention delegate counter for Gerald Ford in the 1976 scrum with Ronald Reagan. Mr. Trump fired him as campaign chairman weeks after the July GOP convention, but in 2017 special counsel Robert Mueller targeted Mr. Manafort for his ties to Ukrainian politicians who are close to Russia.

Mr. Cohen’s guilty plea may pose a greater risk to Mr. Trump given the lawyer’s role in paying $130,000 to pornography actress Stephanie Clifford so she would keep silent about an alleged affair with Mr. Trump in 2006. Mr. Cohen first denied making the payments, and Mr. Trump publicly denied knowing about them, but Mr. Cohen now says they both knew.