investigations | Ted Rall's Rallblog

It Could Easily Happen Here, Soon

July 26, 2020•

What is a coup d'état? - CNN Video

You don’t want to lose your job. How would you feel if getting fired would mean that you would spend the rest of your life in prison? You would do anything to keep working.

Anything.

That’s the position in which Donald Trump finds himself.

The president is the target of a myriad of congressional, state and federal investigations into his business practices. Trump could resign in exchange for a deal with Mike Pence to pardon him as Ford did for Nixon, or hope for a victorious Joe Biden to do the same in the spirit of looking forward, not backward.

But a presidential pardon wouldn’t apply to the biggest threat to Trump’s freedom: the New York-based inquiries by the U.S. attorney for the Southern District of New York, New York’s attorney general and the Manhattan D.A.’s office into hush payments that former Trump lawyer Michael Cohen made to Playboy model Karen McDougal and the adult-film actor Stormy Daniels, violations of the Constitution’s emoluments clause and into Trump’s business practices in general.

It’s highly unlikely that, as long as he continues to reside at 1600 Pennsylvania Avenue, Trump will be frog-marched into a police van. Many legal experts argue that presidents enjoy at least temporary immunity from prosecution. Department of Justice memos dating to 1973 state that, as a matter of policy though not law, a sitting president should not be indicted.

If Joe Biden maintains his double-digit lead in the polls, however, Trump stands to lose his executive immunity from prosecution early next year. At age 74, even a five-year prison term could effectively become a life sentence. What would Trump be willing to do to avoid that?

In the back (not all the way back) of Trump’s mind has to be the possibility of canceling the election.

There has been speculation, from such notables as Hillary Clinton, that Trump might refuse to leave the White House if he loses to Biden. Indeed, Trump has fed rumors that he plans to discredit the results in case of a loss. He says mail-in balloting would be plagued by fraud and foreign interference and refuses to commit to accepting the results. If I were the president, I would reject this option. Refusing to leave would be far from certain to allow him to remain in office more than a few weeks or months.

Another crisis scenario making the rounds has Republican governors loyal to Trump refusing to certify the results in their states. Under one of the more arcane sections of the Constitution the final result would be determined by the House of Representatives under a one state delegation–one vote scheme. Most states are majority Republican so Trump would probably win. Trump shouldn’t go with this plan either. Relying on feckless governors in the House of Representatives process would leave too much to chance.

Only one approach comes close to guaranteeing that Trump remains at the helm for the foreseeable future and thus out of the clutches of New York prosecutors: canceling the election entirely.

On or about November 1^st, he takes to the airwaves.

“My fellow Americans,” he intones, “we are a time of unprecedented crisis. We are deep in the dreaded second wave of the coronavirus. It would be reckless and irresponsible to ask people to go outside and stand in line, risking death, in order to cast a vote that can easily be cast next year, after we have a vaccine. Moreover, the streets of many of our cities have been overrun by rioters and looters. We can’t have an election without law and order. Therefore, we will delay the vote until our safety can be guaranteed. God bless America.”

Never mind that the riots will have been provoked by Trump’s own federal government goons, the so-called Federal Protective Service, or that the pandemic will be raging because of his own incompetence, denial and inaction. His argument will ring true with his Republican base and a few moderates. As usual, Democrats will be stunned, clueless and impotent.

Trump has set the stage for a too-dangerous-to-vote argument.

Black Lives Matters protests were winding down before he sent FPS to Portland and Seattle. Thanks to these violent agents provocateurs the crowds of angry protesters are growing, buildings are burning and people are getting killed. He wants to send thugs to Chicago and other cities as well. By October they could be all over the country, spreading chaos.

After downplaying the threat of COVID-19 for months, the president has radically reversed course. He is wearing a mask in public, urging others to do so and resuming coronavirus-themed press briefings, replacing public health officials as the face of the crisis response. The new messaging: COVID is deadly. Mail-in ballots, the social-distancing alternative to IRL voting, has been discredited by the GOP; anyway, it’s too late to implement it now. Just watch: he may call for schools to remain closed, another switch.

There is no legal mechanism for canceling a federal election. The Supreme Court can’t do it. There are no exceptions, not even for nuclear war. The U.S. system will have broken down.

What will happen next? We have seen it many times in many other countries. Trump and his associates will not be able to allow the media to talk, the courts to rule or the politicians to criticize his coup.

Trump, former president and now dictator, will censor and suppress dissent to protect his regime. Martial law will be declared. Media outlets, including social media online, will be seized and censored. Lists of potential critics and opponents—leading Democrats, academics, intellectuals, pundits, even political cartoonists—will be drawn up. Those on the list will be arrested, or worse.

They say it—fascism, authoritarianism—can’t happen here. But if you’re Donald Trump and you think you’re about to lose and go to prison, what other option do you have?

(Ted Rall (Twitter: @tedrall), the political cartoonist, columnist and graphic novelist, is the author of the biography “Political Suicide: The Fight for the Soul of the Democratic Party.” You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

SYNDICATED COLUMN: Investigating the Investigators

May 14, 2013•

Ted Rall

IRS Targeting is a Scandal, CIA Targeting is Business as Usual

“We’re fighting for you!” That’s what the Democratic Party tells Democratic voters and what the Republican Party tells Republicans. But even their “battles” reveal how similar the two parties really are.

Case study: what gets investigated.

Less than a week after the news broke that the IRS engaged in ideological profiling in 2011 and 2012 — targeting Tea Party-related non-profits for checks into whether they were violating the terms of their tax-exempt status by spending donor money on political ads — top Democrats joined their GOP counterparts to demand a Congressional investigation. That’s lightening quick for government work — and yet not fast for some. Senator Marco Rubio (R-Florida, ’16 prez prospect) called for Acting IRS Commissioner Steven Miller to resign immediately. President Obama called the IRS’ actions “outrageous” and “contrary to our traditions.” The IRS has already apologized.

This all goes to show that the federal government can turn on a dime when it wants to do something. It’s a matter of priorities. Millions of Americans whose homes were stolen by banks in illegal foreclosures waited five years for $600 settlement checks that bounced; the Fed gave the executives of those banks $7.77 trillion in a matter of days, no questions asked.

So it goes with what gets investigated.

Thrown under the bus in a matter of days, the IRS is already getting ground to mincemeat. Meanwhile, a spectacular panorama of Bush-era abuses have yet to draw the attention of a single Congressional subcommittee.

The 2000 stolen presidential election fiasco? Still no investigation — even though retired Supreme Court Justice Sandra Day O’Connor, the swing vote in the 5-4 decision in Bush v. Gore, now agrees with constitutional lawyers who say the high court had no jurisdiction in the case and thus shouldn’t have heard it.

There still hasn’t been an independent investigation of 9/11.

No one has ever been questioned, much less held accountable, for the invasion of Afghanistan (ostensibly to catch Osama bin Laden, though he was already in Pakistan), the installation by the U.S. of the unpopular Hamid Karzai as a U.S. puppet, huge cash bribes paid to Karzai by Bush and now Obama, or the lies — an impeachable offense — about Saddam’s WMDs used to con the public into war against Iraq.

People outraged by Bush’s torture program, secret prisons, extraordinary rendition and indefinite detention of innocent people, including children, at post-9/11 gulags at places like Guantánamo, the “salt pit” at Bagram and the Indian Ocean island of Diego Garcia — even on prison ships on the high seas — hoped that President Obama would make good on his campaign promises to investigate these horrific crimes against international law, U.S. law and common decency. Instead, he obstructed justice — another impeachable offense — issuing a directive to his Justice Department and other law enforcement agencies to ignore them. “We need to look forward as opposed to looking backwards,” he told a TV interviewer on January 12, 2009, eight days before taking office.

“At the CIA, you’ve got extraordinarily talented people who are working very hard to keep Americans safe,” he said. “I don’t want them to suddenly feel like they’ve got spend their all their time looking over their shoulders.”

Yes. God forbid our heroic torturers should face any questions about jamming forced enemas up prisoners’ butts. Sorry: I meant our extraordinarily talented torturers.

And, now a flashback to April 14, 2008 — a mere nine months earlier. Candidate Obama told The Philadelphia Inquirer: “If I found out that there were high officials who knowingly, consciously broke existing laws, engaged in cover-ups of those crimes with knowledge forefront, then I think a basic principle of our Constitution is nobody above the law.”

Except the CIA. And the military. And Donald Rumsfeld and Condi Rice and Dick Cheney and John Yoo and, of course, George W. Bush, who explicitly authorized the torture and other high crimes, and is now an elder statesman with his own library and everything.

To recap:

Both parties think it’s bad bad bad for the IRS to target right-wing pseudo-nonprofits for audits.

Both parties think it’s perfectly fine A-OK doubleplusgood to target the buttholes of random Muslims you kidnapped from Afghanistan or Yemen or wherever.

What the IRS did was, of course, wrong. But I’d rather be audited than butt-raped. Butt-raping, especially butt-raping that occurs before illegal auditing, should be investigating before illegal auditing.

Both parties also agree that if there’s ever been something that doesn’t need investigating by anyone, ever, it’s drones. Yes, a whopping 1.8% of Congress recently held an “unofficial hearing” (toothless PR stunt) and politely requested that Obama provide “further clarification of the legal justifications behind drone strikes.”

But no one —not even Vermont’s token “socialist” Bernie Sanders — has called for an investigation into a drone war that ridiculously remains “classified,” a secret to everyone but the dead, the maimed and their survivors. Senator Rand Paul (R-Kentucky, ’16 prez prospect)’s filibuster merely demanded whether Obama planned to drone any U.S. citizens on U.S. soil. (Since he has already droned U.S. citizens on foreign soil, we know the answer to that.)

I’m not Suze Orman, but please let me help you save a few bucks. Whether you’re a Democrat or a Republican, the next time you get a campaign mailer asking you to support them because they’re “fighting hard for you,” chuck that sucker into the recycler. The truth is, the two major parties are on the same page on just about everything.

They’re not fighting for you.

They’re fighting for themselves.

(Ted Rall’s website is tedrall.com. His book “After We Kill You, We Will Welcome You Back As Honored Guests: Unembedded in Afghanistan” will be released in November by Farrar, Straus & Giroux.)

New Boss, Same as the Old Boss

March 2, 2009•

Ted Rall

This came out of a conversation with fellow editorial cartoonist Matt Bors. What if Obama were succeeding Hitler? Would he let him off the hook for his crimes too? The parallels are eerie.