RUTHFULLY YOURS

Somehow in our time all the problems of human existence have boiled down to one cause: Russian collusion.

What is the main reason Mark Zuckerberg was hauled in front of three committees of Congress? It is because the media connected a long series of dots to suggest the possibility that Russian bots exploited the personal Facebook data obtained by a firm named Cambridge Analytica to . . . put Donald Trump in the White House. Without the link to collusion—an infinitely elastic phrase with no legal meaning—Mr. Zuckerberg never would have had to leave Menlo Park.

The live Zuckerberg testimony was torture, forcing anyone interested to hear innumerable senators and House members share their thoughts on technology. Lowering the bar on Senate discourse below swamp level, Louisiana Republican John Kennedy said the Facebook user agreement “sucks.”

Despite the legislators’ thunderings about regulation, the likelihood of the House and Senate enacting rules for the web is more remote than Halley’s Comet, due back in 43 years. Congress has failed for years to bring royalty payments for creators of music into the digital age. CONTINUE AT SITE

If there was any doubt that Robert Mueller’s Ahab-like goal is the unseating of President Trump at all costs and by any means, it was erased by the thuggish FBI raid he orchestrated on the home and office of Trump personal attorney Michael Cohen.

Can’t find any collusion between Trump and Russia? Hey, why not look for collusion between Cohen and professional whore and porn star Stormy Daniels? Was she paid to go away with campaign funds? Even so, that’s an FEC violation punishable by a fine and something that does not require a SWAT team.

It certainly does not compare with money funneled by Team Hillary and the DNC though a law firm to Fusion GPS and British foreign agent Christopher Steele to put together a fake dossier on Trump using Russian sources. But where were the raids on the offices of the DNC, the Hillary Clinton campaign, and Fusion GPS?

This is the FBI of Andrew McCabe, Lisa Page, and Peter Strzok, whose mission was to keep Hillary Clinton out of prison and Donald Trump out of the White House. They never raided the home and office of Cheryl Mills, did they? They never raided Hillary’s house or seized the acid-washed server, did they? But Michael Cohen is a threat to our democracy warranting brute force? Why wasn’t Michel Cohen offered the immunity deal given to Cheryl Mills and other Clinton cronies:

The FBI gave partial immunity to Hillary Clinton’s former State Department chief of staff Cheryl Mills and two other staffers during the investigation of Clinton’s private e-mail server, according to a member of Congress.

When you stretch the law to “get” a political opponent, it’s rarely possible to return the law to its original shape. Which brings us to Stormy Daniels.

Shortly before the 2016 election, one of President Trump’s lawyers, Michael Cohen, arranged a $130,000 payment to the porn star in return for silence about a 2006 affair she claimed to have had with Mr. Trump. (Both the president and Mr. Cohen have denied the affair; Mr. Trump has said he did not know of the payment to Ms. Daniels until this February.)

Not satisfied with an old-fashioned sex scandal—perhaps because the president seems impervious to that—some want to turn this into a violation of campaign-finance law. Trevor Potter, a former member of the Federal Election Commission told “60 Minutes” the payment was “a $130,000 in-kind contribution by Cohen to the Trump campaign, which is about $126,500 above what he’s allowed to give.” The FBI raided Mr. Cohen’s office, home and hotel room Monday. They reportedly seized records related to the payment and are investigating possible violations of campaign-finance laws.

But let’s remember a basic principle of such laws: Not everything that might benefit a candidate is a campaign expense.

Campaign-finance law aims to prevent corruption. For this reason, the FEC has a longstanding ban on “personal use” of campaign funds. Such use would give campaign contributions a material value beyond helping to elect the candidate—the essence of a bribe.

FEC regulations explain that the campaign cannot pay expenses that would exist “irrespective” of the campaign, even if it might help win election. At the same time, obligations that would not exist “but for” the campaign must be paid from campaign funds.

If paying hush money is a campaign expense, a candidate would be required to make that payment with campaign funds. How ironic, given that using campaign funds as hush money was one of the articles of impeachment in the Watergate scandal, which gave rise to modern campaign-finance law. CONTINUE AT SITE

The FBI raid Monday on lawyer Michael Cohen raises the political and legal stakes in the vast prosecutorial investigation into Donald J. Trump. The probe into allegations of Trump campaign collusion with Russia has careened into a dive into the dumpster of a payoff to a porn actress to keep quiet about an alleged affair with Mr. Trump. This is the way of special prosecutors, and Washington now seems headed toward a fight-to-the-end between the President and his enemies.

The press is reporting that Mr. Cohen is being investigated for possible bank fraud and campaign-finance violations in connection to his $130,000 payment to Stormy Daniels (née Stephanie Clifford ) in October 2016. Mr. Cohen said he made the payment as a personal favor for his friend and client, Mr. Trump.

But if the payment was intended to silence the actress to help Mr. Trump win the election, then it could be considered a campaign contribution that exceeded the donation limit in 2016. As Bradley Smith notes nearby, proving such a crime would be difficult, and former Democratic presidential candidate John Edwards was acquitted in a similar case. But these days in politics anything can be criminalized.

The raid is especially notable, and troubling, for piercing the attorney-client relationship between Mr. Cohen and Mr. Trump. That is a serious step legally, and it typically requires significant evidence to justify. It would also require the approval at senior levels of the Justice Department. The warrant came at the request of the U.S. Attorney for the Southern District of New York in Manhattan on a referral from special counsel Robert Mueller, who could use whatever information the raid generates.

The Fourth and Sixth Amendments prohibit government officials from in any way intruding on the privacy of lawyer/client confidential rights of citizens.

The very fact that this material is seen or read by a government official constitutes a core violation. It would be the same if the government surreptitiously recorded a confession of a penitent to a priest, or a description of symptoms by a patient to a doctor, or a discussion of their sex life between a husband and wife.

The recourses for intrusions on the Fourth and Sixth Amendments are multifold: the victim of the intrusion can sue for damages; he or she can exclude it from use by the government in criminal or civil cases; or the victim can demand the material back. But none of these remedies undo the harm to privacy and confidentiality done to the citizen by the government’s intrusion into his private and confidential affairs.

Many TV pundits are telling viewers not to worry about the government’s intrusion into possible lawyer/client privileged communications between President Trump and his lawyer, since prosecutors will not get to see or use any privileged material. This is because prosecutors and FBI agents create firewalls and taint teams to preclude privileged information from being used against the client in a criminal case. But that analysis completely misses the point and ignores the distinction between the Fifth Amendment on the one hand, and the Fourth and Sixth Amendments on the other.

The Fifth Amendment is an exclusionary rule. By its terms, it prevents material obtained in violation of the privilege of self-incrimination from being used to incriminate a defendant – that is to convict him of a crime. But the Fourth and Sixth Amendments provide far broader protections: they prohibit government officials from in any way intruding on the privacy of lawyer/client confidential rights of citizens. In other words, if the government improperly seizes private or privileged material, the violation has already occurred, even if the government never uses the material from the person from whom it was seized.

There is much speculation as to the significance of the search of the offices and hotel room of President Trump’s lawyer, Michael Cohen. To obtain a search warrant, prosecutors must demonstrate to a judge that they have probable cause to believe that the premises to be searched contain evidence of crime. They must also specify the area to be searched, the items to be seized and, in searches of computers, the word searches to be used.

At least that’s the constitutional requirement in theory, especially where the Sixth Amendment right to counsel is involved, in addition to the general Fourth Amendment right against unreasonable searches. Yet, in practice, judges often give the FBI considerable latitude, relying on the “firewalls” and “taint teams” they set up to protect the subject of the search from violation of his or her constitutional rights.

But the firewalls and taint teams are comprised of government agents who themselves may not be entitled to read or review many of the items seized. It is an imperfect protection of important constitutional rights. That’s why Justice Department officials must be careful to limit the searching of lawyers’ offices to compelling cases involving serious crimes. We don’t know at this point what the prosecutors are looking for but, if it relates to payments made to porn star Stormy Daniels, that would not seem to justify so potentially intrusive a search of Cohen’s confidential lawyer-client files.

It’s Equal Pay Day – an opportunity for activists to raise awareness about the perceived pay gap between America’s working men and women. It’s also an opportunity for politicians to attack gender bias in private companies, as they do throughout the year.

In October, we published our OpenTheBooks Oversight Report – Federal and State Government’s Gender Hiring Gap Oversight Report analyzing payrolls from federal agencies, Congress, the White House, and government positions at the state and local levels. We found it’s still a man’s world in government. Across the board, we found that men significantly outnumber women in the top-paid government positions.

However, it’s important to note that we didn’t find any evidence that men and women in the same position were paid differently – that would be illegal. We didn’t find a gender pay gap, but a gender hiring gap, meaning men far outnumber women in highly compensated executive positions.

For example, in New York City, Mayor Bill de Blasio issues Equal Pay Day proclamations, and, last year, made quite a spectacle hugging the “Fearless Girl” statute that faces the Charging Bull on Wall Street. Yet, 197 out of the 200 top-paid New York City workers are men. In Chicago, Mayor Rahm Emmanuel’s controlled payroll has just 12 females out of the top 100 most highly compensated city employees.

Here’s how some members of Congress are doing on their own executive-controlled payrolls:

On October 13th 2016, presidential candidate Donald Trump delivered a speech that defines this moment in our nation’s history. Part of that speech was put to a video. The entire transcript of that speech is below.

Our movement is about replacing a failed and corrupt political establishment with a new government controlled by you, the American People. There is nothing the political establishment will not do, and no lie they will not tell, to hold on to their prestige and power at your expense.

The Washington establishment, and the financial and media corporations that fund it, exists for only one reason: to protect and enrich itself.

The establishment has trillions of dollars at stake in this election. As an example, just one single trade deal they’d like to pass, involves trillions of dollars controlled by many countries, corporations and lobbyists.

For those who control the levers of power in Washington, and for the global special interests they partner with, our campaign represents an existential threat.

This is not simply another 4-year election. This is a crossroads in the history of our civilization that will determine whether or not We The People reclaim control over our government.

The political establishment that is trying everything to stop us, is the same group responsible for our disastrous trade deals, massive illegal immigration, and economic and foreign policies that have bled this country dry. The political establishment has brought about the destruction of our factories and our jobs, as they flee to Mexico, China and other countries throughout the world. Our just-announced jobs numbers are anemic, and our gross domestic product, or GDP, is barely above one percent. Workers in the United States, were making less than they were almost 20 years ago – and yet they are working harder.

It’s a global power structure that is responsible for the economic decisions that have robbed our working class, stripped our country of its wealth, and put that money into the pockets of a handful of large corporations and political entities.

Just look at what this corrupt establishment has done to our cities like Detroit and Flint, Michigan – and rural towns in Pennsylvania, Ohio, North Carolina and across our country. They have stripped these towns bare, and raided the wealth for themselves and taken away their jobs.

The Clinton Machine is at the center of this power structure. We’ve seen this firsthand in the WikiLeaks documents in which Hillary Clinton meets in secret with international banks to plot the destruction of U.S. sovereignty in order to enrich these global financial powers.

The Stormy Daniels scandal could be more perilous for Trump than the Russia investigation has been.

Barack Obama’s 2008 presidential campaign was caught hiding the sources of 1,300 large campaign donations, aggregating to nearly $2 million. The campaign also accepted more than $1.3 million in unlawful donations from contributors who had already given the legal maximum.

Under federal law, such campaign-finance violations, if they aggregate to just $25,000 in a calendar year, may be treated as felonies punishable by up to five years’ imprisonment — with offenses involving smaller dollar amounts punishable by incarceration for a year or more. (See Section 30109(d) of Title 52, U.S. Code, pp. 51–52 of the Federal Election Commission’s compilation of campaign laws.)

The Obama campaign did not have a defense; it argued in mitigation that the unlawful donations constituted a negligible fraction of the monumental amount it had raised from millions of “grass-roots” donors. Compelling? Maybe not, but enough to convince the Obama Justice Department not to prosecute the Obama campaign — shocking, I know. During the Christmas holiday season right after the 2012 campaign, with Obama safely reelected and nobody paying much attention, the matter was quietly settled with the payment of a $375,000 fine.

Is the $130,000 in hush money Donald Trump’s personal lawyer paid to porn star Stormy Daniels on the eve of the 2016 election a campaign-finance violation? Probably, although it’s a point of contention. Even if we stipulate that it is, though, we’re talking comparative chump change.

Yet, as that lawyer, Michael Cohen, has discovered, what was not a crime in the Obama days is the crime of the century now. Cohen’s Rockefeller Center law office in New York City was raided by the FBI on Monday. So was his room at the Loews Regency Hotel on Park Avenue, where he has been staying while his apartment is under renovation, the New York Times reports.

The agents seized voluminous files and records pursuant to court-authorized warrants obtained by federal prosecutors. The haul includes presumptively privileged communications between Cohen and his client, President Trump. As one would expect, the president exploded in anger, with Special Counsel Robert Mueller the main target. But his outburst was a misfire.

There is nothing like historical context to help evaluate and better understand current events. So, in regard to the mainstream media’s breathless, non-stop coverage of the self-levitating Trump-Russia collusion theory, consider this bit of trivia:

In 1991, when Russian President Boris Yeltsin opened the archives of the Soviet Central Committee, Western researchers quickly descended on Moscow to plow through the treasure trove of previously classified official documents.

Among those researchers was Tim Sebastian, a reporter for the London Times and the BBC who found a May 14, 1983 letter from KGB chief Viktor Chebrikov to Soviet General Secretary Yuri Andropov. Bearing the highest security classification, it summarized a confidential offer by Senator Ted Kennedy to the Soviet leadership to help stop President Ronald Reagan’s aggressive, anti-Soviet defense policies.

The letter was written as the debate was heating up over Reagan’s proposed deployment of intermediate range missiles to counter the Soviets’ medium range weapons in Eastern Europe.

Sebastian reported his find in an article titled “Teddy, the KGB and the top secret file” which appeared in the February 2, 1992, London Times. And there the story remained unheeded and unheralded until 2006 when historian Paul Kengor published The Crusader: Ronald Reagan and the Fall of Communism in which he discussed Kennedy’s secret approach to the Soviets.

In an appendix to his book, Kengor reproduced Chebrikov’s classified missive unedited and unabridged along with extensive documentation establishing its authenticity.

Marked “Special Importance” and bearing the heading “Regarding Senator Kennedy’s request to the General Secretary of the Communist Party Y. V. Andropov,” the letter reported that former California Senator John Tunney had secretly contacted the Soviets on behalf of Kennedy. According to Chebrikov, Kennedy was “very troubled” by poor U.S.-Soviet relations which he blamed on “Reagan’s belligerence.” Kennedy was reported to be “very impressed with the activities of Y. V. Andropov and other Soviet leaders.”