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The Jury Finds…

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Now that Pelosi has delivered the two articles of impeachment to the Senate, we begin the next phase of what seems to be the inevitable acquittal of Donald Trump, an acquittal that will be based not on the facts, but on the mutual interdependency of the accused and the jury.

Whether the self-admitted actions of Donald J. Trump are an impeachable offense or not, should no longer matter, as he has already been impeached.  That is undeniable. Therefore, it has been established as a documented impeachable offense. There is no more argument to be made.  The coming “constitutional” arguments to be made by Alan Dershowitz to the contrary, are irrelevant in light of the irrevocable impeachment already established.

Now that the House has performed its role to deliver the indictment, the role of the Senate becomes that of the jury. The only facts that matter is those that substantiate whether the accused did or did not perform the deeds he is accused of, not whether the deeds are impeachable or not, not whether the deeds are minor or significant.  The Senate does not sit in judgement of the laws, but the actions of the accused relative to the law.  The laws exist, so the only thing that matters is “did Donald J. Trump do what he is accused of ?”

For Mitch McConnel and Lindsay Graham to announce in advance of the trial and prior to their oath to the contrary, that they will not deliver an impartial verdict is a mockery of justice and our very system of government.  Furthermore, to deny witnesses and documents that can determine the truth is an immoral prosecutorial tactic that betrays their base motives and is an affront to the electoral community.

There are two very basic principles of jurisprudence that are being violated in the current impeachment process.   First, to allow the jurors to control the prosecution makes no sense at all, but to allow the jury to ally with the accused in advance of a trial is nothing short of insane.  Nowhere else in our judicial system are either of these illegal actions permitted.  Jurors are interviewed and carefully screened before chosen.  Not so here.  Perhaps the roles of the House and Senate need to be reconsidered and revised to make sense in the modern world of partisanship. It is idealistic but naive to expect a juror to vote against their own self-interest. When the self-interest of the jurors and that of the accused are one and the same, then the outcome is near certain in advance of the trial.  It becomes a simple numbers game to determine what the self-interests are and predict the vote accordingly.  Equally despicable is to allow the jurors to manipulate the evidence to produce a predetermined result.

It’s one thing to call a witness who can testify regarding the events in question and quite another to invite “witnesses” whose testimony will have no relevancy to the veracity of the events.  Bolton and Lev Parnas can testify as to what was said and done by Trump, but Biden and his son cannot.   THEY WEREN’T THERE.  Let’s remember that not only are Joe and Hunter Biden not on trial here, but after continued investigation into potential corruption, neither have been found guilty of anything other than bad judgement.  Let’s take that up at the ballot box.  There is nothing that either can testify to that will change the evidence or contribute to it.  This is just a GOP waste of time and a diversion down a rabbit hole that is vacant and should have been back-filled.

The prevailing thinking on the part of GOP Senators is that to vote to convict Donald Trump is to invite his wrath, with the expectation that without his support and in the face of predictable attacks, as he has demonstrated in the past, they will be primaryed out of office.  Now if they were sure that their GOP brothers and sisters were voting along with them to convict, their moral choice could stand without fear of personal loss.  It’s a known fact around the Capitol building that the vast majority of Congress (both houses) know Donald Trump for what he is.  Many reporters have reported that most Senators do not like Donald Trump, in fact despise him.  They know him to be a racist, an anti-Semite, a liar, a philanderer, a misogynist, a baseless braggart and a bully, a corrupt politician, a crook, a failed businessman on many fronts, and a threat to national security.  Need I go on?  Trouble is they don’t want to be a lone vigilante without a posse.  They fail to recognize that if Trump is removed from office, the threat of being primaryed by him goes with him.  However, they also fail to recognize the extreme danger they risk in voting to acquit.  88% of the African-American population of the USA is anti-Trump.  The odds are that no matter what, with Russian interference being the only exception, Trump would lose the coming 2020 election.  The Women’s march today is also a great indicator of how women voters feel about Trump.  The last Women’s march was the single largest protest in the history of our country, and it spread worldwide as well.  Senators have seen that Trump’s chaotic governance has strengthened our enemies, weakened and harmed our allies, skirted outright war and created the fertile ground for increased divisiveness and violence.  All this for a chance to quell women’s rights, stock the judiciary with sympathetic judges and spread more wealth to the millionaires and billionaires that supported him. They are willing to overlook his tragic personal faults and flagrant breaches of law in trade for the political gains they have attained and continue to seek. It’s a win-at-any-cost philosophy and it’s killing our republic.

Trump should be removed from office by any means possible, the more expedient the better then wait for the Southern district of New York to prosecute him for criminal activity like tax-evasion and money laundering, which will surely happen once we see his tax returns and bank records.  It galls me to think of him with lifetime Secret Service protection and with all the top-secret information he knows, I fear he will remain a continual threat to our national security.  I say jail him, not in one of those cushy country club prisons, but in a cage with bars, no need for secret service, preferably solitary confinement until he dies.  Then plant him along the border beside his incomplete wall and allow the formerly caged children of immigrants to dance on his grave.

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Uncapped

Andrew Cuomo: The Roadmap from Free Love to Me Too.

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Whether Governor Andrew Cuomo is guilty of predatory sexual behavior has become the new media sensation of this last week. During that time, a single complaint against the governor has multiplied with the speed of a newly discovered Covid variation into six assertions of his past inappropriate behavior.  If the first person to come forward is to be believed as representative of all six, then it must be concluded that the complaints of harassment are all entirely credible.  After the New York Times broke her story, Charlotte Bennett, the first complainant, sat for a televised interview with Norah O’Donnell outlining the details of her allegations.

For his part, Cuomo met the charges head on with a firm denial of any wrongdoing.

It is however, most interesting to note that the Governor did not deny the validity of the details of the specific events outlined by Ms. Bennett.  What appears to be cut and dry is in fact probably too nuanced to make a criminal determination.  Without a doubt Ms. Bennett is telling the truth.  Might it also be possible that Governor Cuomo is also telling the truth and if so, how can that be?  I don’t think his intent was misinterpreted by Ms. Bennett, and I think he was fully conscious of his approach towards her. Nevertheless, wrong as he was,  it is quite possible that he did not comprehend the ethical problem he had created but felt safe within his understanding of the current social context.  Allow me to explain.

Was Ms. Bennett wrong in thinking, “The governor’s trying to sleep with me?”   I think not. Consider the following, “Without explicitly saying it, he implied to me that I was old enough for him and he was lonely.”  Further, Cuomo inquired about her romantic life and asked if a past trauma had affected her romantic relationships. “He asked if I had trouble enjoying being with someone because of my trauma,” adding that he also asked if I was “sensitive to intimacy, and if it was hard to really be with someone physically.”  He pushed for the close, going so far as to ask her if she had ever been intimate with an older man and offering that personally he was comfortable dating younger women saying, “He was fine with anyone over 22.  I’m 25.”  Can his intentions be any clearer?  He was searching for a way in.

Without doubt this is inappropriate and very creepy behavior, but the road to a determination of illegality is fraught with problems.  Such a conversation may not be criminal but it does require a course adjustment.  In a corporate environment Cuomo would be let go.  In politics, resignation is the remedy. But in spite of the unilateral support for Ms. Bennett by every New York State Democratic leader, and calls for his resignation, Cuomo refuses to resign. Why?

In the age of “Me Too” it is instructive to understand what has become of our cultural norms.  The journey to “Me Too” as a cultural norm begins with “The Pill,” a method of oral contraception for women that was introduced in 1960 and rapidly adopted by overburdened mothers, free-wheeling singles and promiscuous teens.  By 1965, it was common that many high-school and junior-high young girls bragged of carrying a packet of the Pill in their purse, hidden from Mom, proof of having achieved adulthood.

Meanwhile, pouring gas on this fire, young pubescent boys were scouring the magazine racks of the local grocery store in search of brown-paper wrapped copies of the latest “Playboy” magazine to fulfill their hormonal urges to practice that ancient ritual readying them fit for the hunt.  At this point, both sides were all-in and poised for action… but how to initiate?

Making the first move can undoubtedly be awkward for a novitiate.  Culturally, that has long been relegated to the male, but very soon the Pill would change all that.  But for the time being, in 1965 young boys had only the movies to guide them regarding how the approach is made.  Books, a technology of a previous generation, were dry and useless in this nuanced art and television was so sanitized as to be entirely bereft of any help.  No, it fell to movies to complete the circuit connecting the genders and to music in the form of contemporary song to stimulate the passions needed to break the logjam (no pun intended.) As flowed music, so followed the culture and by 1967 a new term had re-entered the lexicon, “Free Love.”

In 1967, during the “Summer of Love,” a social phenomenon erupted in San Francisco when over 100,000 young people under the spell of “flower power” converged on Haight-Ashbury in free-flowing, colorful “hippie” attire, melding music, hallucinogenic drugs, anti-war sentiment and the concept of free-love. These “flower children,” most often referred to as “hippies” were by nature united in their suspicion of the government and opposed to the Viet Nam war.  They rejected consumerism and were more often concerned with art and a generalized spiritual self-awareness often realized through the practice of meditation, all of which equated with “Peace.” Simultaneously, as this movement spread throughout California, hippie communes developed.  These communes were the perfect breeding ground as a foothold for free love to become a cultural norm.

At its core, free love demands freedom from state regulation and church-defined personal relationships, a perfect fit with the ideologies found in communes of the day.  Whether emotional or sexual, legitimate relations between consenting adults are off limits to regulatory oversight and commune residents often interacted freely with many short-term partners.

In free love both men and women have the right to enjoy sexual pleasure without social or legal consequences.  For women, this could not have been made possible without the pill.  In essence, the pill severed the connection between love, romance and sex and opened the door to a more transactional practice of engagement that dispensed with the niceties of dinner and flowers, long walks holding hands and that first moment when a young boy tenuously slips his arm around a young girl on the family couch.  Now it was OK for that young girl on her first kiss to reach down and rub his crotch.  No big deal.  They called it petting back then.  Young girls instinctively knew that Free Love was inextricably linked to the same anti-authoritarian ideals pervading the communes out west and popularized in song, and so, grasping their equality (forgive me) by the balls, they exercised their rights in a most overt way.  While this may have been confusing to some young men, it was most certainly welcome.

But the long term consequence of Free Love was the displacement of the nuanced approach to a romantic relationship with a more direct, transactional approach of a sexual one.  Romance. Requires time and energy and is uncertain, fraught with insecurities, sleepless nights and possible rejection.  It’s never quite fully resolved, and requires constant maintenance, always open to future competition.  Sex on the other hand is short and decisive, over in minutes and quite conclusive.  The approach to sex can be as simple as a question.  The answer determines the possibility.  It can be as crude as, “Hey, you wan’na fuck?” or implied, “have you ever been intimate with an older man?  I’m personally comfortable dating younger women.”

If you understand that the fundamental principle in a proper “Me-Too” relationship is consent, then simply asking the question or indirectly implying it might be considered as a hands-off approach by a lonely, clumsy and rather oafish old man whose only social contacts are made through his work.  Without doubt, it’s a move of desperation.  All the good ones were taken long ago, and many of the ones who got out are embittered and angry and far too wise to be managed or controlled.  After years in office the transactional approach might seem innocent to Andrew Cuomo, after all he was only asking questions, seeking consent. Lacking a proper channel for his physical and emotional urges, he went for the “easy marks” the ones at hand, the pretty ones who he engaged his fantasy of a replenished youth.  His mistake was an abuse of power.  He was their boss.  He should have known that he was making them uncomfortable to engage in such a conversation as he had with each of them.  But this oafish old man failed to understand that asking for a kiss from someone who works for you is as much a violation of “Me-Too” codes as taking the kiss without asking.

 

 

 

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Uncapped

A Lesson From Prince

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Far be it from me to offer help to the Republican party, but when it comes to Donald Trump we’re all in this together, like it or not.  Trump is the equal opportunity abuser.  His latest…  Trump has sent cease and desist letters to the three campaign-fund raising committees of the party, the RNC, the NRSC and the NRCC, seeking to stop the use of his image and his name in fund raising for the GOP.

Not that Republican leaders have ever demonstrated an astute cognizance of the lessons of history, especially in areas beyond the ideas of Nicolai Machiavelli, and hardly funk music, but let’s just say that when this very problem presented itself to Prince, the young artist outwitted one of the biggest corporate giants in the entertainment industry.

You see, when Warner Brothers and Prince had a parting of the ways over the direction of Prince’s next album, Prince was under an ironclad contract that stated that if he left the label he “could not record under his name or any other name.”  Brutal, huh?  That’s when his true genius rose to the occasion and he invented the much renowned symbol that identified him with his music. For DJs all across the country, he was referred to as the artist formerly known as Prince.

So you see, the simple workaround is to never use the Trump name,  but to refer to him as “Former President,”  “Our beloved 45th President” (theirs not mine), or “Your Commander-in-Chief.” Meanwhile, it has not occurred to the vengeful halfwit that his image and name will be used in Democratic campaigns to rally against everything ugly he represents in the Republican party and he’s powerless to do anything about it.  Freedom of speech still exists, even after his scorched earth attempt to silence the GOP.

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Uncapped

The Will Of The People

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“With charity for none and malice for all.”

Those would have to be the words Abraham Lincoln would use, revising his timeless 2nd inaugural speech to describe what has become of the Republican party he helped to establish.

The will of the people, that’s what the VOTE is.  The more people that vote, the more participation exists in a democracy and as a result, the outcome more accurately reflects the will of the people.  It’s elementary and there’s ample evidence that Republican politicians understand that fully.

The one true utterance to flow from the foul mouth of Donald Trump is this: “Republicans would never be elected if it was easier to vote.” Oops, as they say… “from the mouth of babes.”

In fact, as far back as 1980 Paul Weyrich, an influential conservative Republican, observed, “I don’t want everybody to vote. As a matter of fact, our leverage in the elections quite candidly goes up as the voting populace goes down.” Justin Clark, a top Trump election adviser knew this, quoted admitting  to influential Republicans in Wisconsin that the party has “traditionally” relied on voter suppression to compete in battleground states.  ‘Nuff said.

Intent is actually so easy to establish. Democratic legislation, such as Hr1 protects voting rights and makes it easier to vote.  Just read it.  Republicans on the other hand are obsessed with “election security” a thinly veiled “1984-speak” describing their numerous offerings, over 200 newly-proposed laws by Republican controlled state legislatures restricting voting rights in their home states.  Here’s a riddle for you.  What does bottled water have to do with election security?  The obvious answer is nothing, but to Republican politicians in Georgia, it is everything.   They have proposed to make it illegal to hand bottled water to voters waiting in long lines at the polls to vote.  Now you have to ask, “just what kind of monster would deny voting American citizens water?”  Georgia Republicans, obviously.

What’s so amazing about the time we live in is that even in our wildest imagination could any of us have guessed that it would get any worse, expecting that we had seen it all and there were no dark surprises remaining. But alas, not to be.  After January 6th it seemed we had bottomed out, but let’s not be fooled.  It’s just the set-up for chapter two.

If Republicans support free and fair elections, then why is it that in Oklahoma and Arizona pending GOP legislation would allow the state to cut voters out of the process entirely and allow their state legislature to appoint the electors? Is this the Republican version of a Democracy with ultimate election security?  “Leave it to us to tell you what you want.”

I think Republican politicians have watched too many reruns of “Father Knows Best,” which we may never see again given its patriarchal bent, but I am quite sure exists in a secret Republican underground cave used to store such national treasures, that they might gain ancient knowledge from the “wise ones” regarding the family values they lost sight of so very long ago.

So I’ll leave you with what might be the very last intelligent words of a certified Republican. I doubt that any of these fools have read it recently, lest a wave of shame overcome them.

“With malice toward none; with charity for all; with firmness in the right, as God gives us to see the right, let us strive on to finish the work we are in; to bind up the nation’s wounds; to care for him who shall have borne the battle, and for his widow, and his orphan—to do all which may achieve and cherish a just, and a lasting peace, among ourselves, and with all nations.”

Abraham Lincoln, March 4, 1865

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