Showing posts with label #DonaldTrump. Show all posts
Showing posts with label #DonaldTrump. Show all posts

Sunday, November 17, 2019

Saving the Quid Pro Quos from Bribery and Extortion


You just can't say that Latin isn't relevant anymore.

On "This Week" with George Stephanopolous, Rep. Sean Patrick Maloney tried to defend the Democrats rhetorical strategy last week of shifting their terminology. After focus groups showed that the Latin expression "quid pro quo" didn't elicit the negative feelings that terms such as "extortion" and "bribery" did, these latter two terms went to head to head in the finals and bribery won.

That's why you don't hear Democrats using the Latin expression anymore.

Of course, there are some non-Latin speaking Americans who wish the whole impeachment debate was being conducted in Latin so that they could think of something more important (and less political).

Maloney said this: "Quid pro quo is Latin for bribery." Now the fact that Maloney said this is interesting, but not only because it's completely inaccurate. I've discussed this expression elsewhere, but I'll underscore again that quid pro quo means "something for something." It refers to any action in which something is exchanged for something else of similar value. That would include virtually any economic exchange involving money or barter.

The Latin word for bribery is conruptela, a completely different Latin word. Bribery is one very specific kind of quid pro quo or economic exchangenamely one in which subornation is involved. Subornation happens when someone convinces someone else to do something unethical or illegal.

Bribery = quid pro quo + subornation

What would it mean to say that President Trump's quid pro quo with Zalensky (if there really was one, which wouldn't surprise me) constituted bribery? The literal application of saying that the President's action was bribery is saying that the President was offering something to Ukraine President Zelensky in order to get Zelensky to do something illegal or unethical. It is that President Trump was offering something in order to get that person to do something illegalto suborn an illegal action. But what Trump was trying to get Zalensky to do was not illegal at all: He was trying to get him in investigate whether someone committed a corrupt act. 

Since when is that illegal?

It actually would have been more accurate to have settled on the term "extortion," since that involves trying to get something from someone by force or threats. But it just didn't appeal to the Democrats' focus groupsyou know the ones I'm talking about: the ones who are now guiding the impeachment process.

But, of course, the extortion argument has its problems too. As I said last week, if withholding aid from a country in order to get them to do what you want them to do (and cutting it when they don't) was a crime, then it is one that administrations commit on a routine basis, and the question then becomes, if you think Trump's so called "extortion" was illegal, where have you been all these years?

The Democrats are shifting their terminology in order to gain a more pronounced political effect while claiming that they're not actually saying anything different. That's why they are saying that quid pro quo means the same thing as bribery when, in fact, it doesn't. 

But it has another benefit. Surely they figured out, after a little thinking about this, that staking their case on the mere charge that there was a quid pro quo in a foreign aid context was not going to do. In addition to bribery sounding more sinister than a quid pro quo, there is no law that prohibits quid pro quos, while there are laws that prohibit bribery and extortion.

The bad thing about it for the Democrats is that it raises the bar in terms of what they have to prove. Now, if they find that there was a quid pro quo, the question is whether it involves bribery, which only a very limited, specific kind of quid pro quo.

And by the way, does it bother anyone that the Democrats are using focus groups to determine what crime they are charging the President with?

Almost literally, this is what happened here: Instead of consulting the law or the Constitution, or some official enactment of our Glorious Republic in order to determine what crime the President may have committed, the Democrats hired consultants, gathered together some accountants, a banker or two, some construction workers and a grocery store clerk and asked them which words they thought sounded the most scary.

It's so ... Hamiltonian (referring to the musical not the actual person).

Meanwhile President Trumpmore a danger to himself than to otherssquandered some of his good will this week (whatever is left out there) tweeting against the former Ukraine secretary whom the Democrats had brought before the committee for the very purpose of trying to show how mean Trump had been to her. 

Of course, this had nothing to do with whether Trump committed any crime, much less any impeachable one. But still, the Democrats whole partisan point was to embarrass him as much as possible. It's a measure of Trump's carelessness that he facilitated the accomplishment of this goal in the very act of trying to prevent them from doing it.

And imagine being a Republican on the committee trying to defend the President and having to sit there while the President undermines you in the very act of defending him.

If you think it's hard being Trump's enemy, you should try being his friend some time. 

But all of this is consistent with what I have been saying all along: that the Democrats Impeachment strategy is a campaign strategy and not a legal or Constitutional strategy. These impeachment hearings are not designed to turn Trump out of office. That's not going to happen and the Democrats know it. The Democratic House can vote articles of impeachment to their heart's content, but the Republican Senate is not going to convict him.

The Democrats use of the impeachment process is not a serious constitutional endeavor; it is a campaign tactic for 2020, and there are a lot of Americans who realize this.

The Democrats are using a function of government for partisan gain. And isn't that what they are claiming the President was doing?

Sunday, March 24, 2019

In what way was #Trump NOT exonerated?

So we're all hearing now that today's letter by Attorney General William Barr quotes Robert Mueller's saying that while his report "does not conclude Trump committed a crime, it also does not exonerate him."

What does that even mean?

The word "exonerate" comes from two Latin words: ex: "out of, from", and onus: "burden." The original sense--and the sense of common usage--is the idea of a burden being taken away.

Legal Exoneration
In other words, the question is, has a burden been taken away from President Trump? Certainly the legal burden has been taken away. He has been legally exonerated. Period. That's not even an issue.

So is there some other sense in which he has not been exonerated? There are two other senses in which he might not have been exonerated.

Moral Exoneration
He might not have been morally exonerated. In other words, maybe the President did something Mueller thought was wrong, but not illegal. Maybe that's what he means. It wouldn't exactly surprise anybody if Trump did something wrong. But, of course, no one has appointed Mueller Lord Chamberlain either. His role simply does not encompass judging the morality of the President's actions. So it is hard to think that Mueller was using it in this sense.

Of course, the criticism of anyone--including Trump--by Washington politicians is always a little ironic. If you're going to morally judge other people, doing it from Washington, D.C., not exactly the bastion of morality, is kind of hard to take seriously.

In addition, the President's political enemies didn't merely claim the President did something wrong. They said he did something illegal, and the guy charged with spending two years and millions of dollars looking under every rock to see if he did that has said he can't find that he did. There is "insufficient evidence" to support that claim. The facts don't support the contention that the President did something illegal. So, if the facts don't do that, then what does?

Political Exoneration
Trump might also be said not to be politically exonerated. In other words the burden of the political charges against him (and now that the burden of the legality of the charges has been taken away, all that's left is the political). But then, you can spin political charges all day, and there's no equivalent of Mueller and his legal team to verify any of it. When it comes to political charges, there is literally no accountability. Political exoneration is meaningless in a partisan world. Anybody can say anything. So whether he is politically exonerated is neither here nor there.

Trump's political enemies will do their best to obscure the fact that the expectations they themselves set up for this investigation were exploded today. That's what they do. There was literally nothing Mueller could have done short of finding conclusion evidence that he committed crimes that would have pleased them.

So moral exoneration doesn't make sense, since Mueller is not qualified to make that judgment. Political exoneration doesn't make sense, since it is meaningless. The only question here is whether the President was legally exonerated, which he unquestionably was.

The rest is just Wolf Blitzer blowing smoke.

Wednesday, November 07, 2018

Dems who opposed #JeffSession's appointment now oppose his ouster

This is priceless:

Democrats today are protesting Trump's firing of Jeff Sessions. House Justice Chairman-to-be Jeff Nadler (D-NY) tweeted, "Americans must have answers immediately as to the reasoning behind @realDonaldTrump removing Jeff Sessions from @TheJusticeDept."

Huh?

Does anyone remember the Democrats position on Jeff Sessions when he was appointed? Anyone remember when all nine Democratic members of the Senate Judiciary committee voted against his nomination? Anyone remember all but one Democrat voting against him on the floor vote? Anyone remember then-Sen. Al Franken challenging his civil rights record?

Here is Elizabeth Warren on Jeff Sessions, circa June 12, 2017:
"He needs to be fired. He needs to be taken out of that job," Warren told “The Axe Files,” a joint podcast between CNN and the University of Chicago Institute of Politics that is hosted by Democratic strategist David Axelrod.
Here was Warren's tweet today, November 7, 2018 AD:
.@realDonaldTrump’s firing of Jeff Sessions brings us one step closer to a constitutional crisis. Congress must act to ensure that Special Counsel Mueller can do his job without interference.
It has been said that Democratic positions are determined purely by Trump's positions: If he is for something, they are against it; if he is against something, they are for it. Today provides further evidence of this thesis.