Tag: Independence of DOJ

Trump Still Wants His Citizenship Question

The Daily Escape:

Sandia Mountains, New Mexico – 2019 photo by cameforthegames

On June 27, the Supreme Court held that Commerce Secretary Wilbur Ross’s March 2018 order directing the Census Bureau to add a citizenship question to the 2020 Census questionnaire could not go forward. At the time, we all thought that there would be no such question on the census.

Now, that’s no longer true.

“President Trump and Attorney General William P. Barr began working to find a way to place a citizenship question on the 2020 census just after the Supreme Court blocked its inclusion last month, Mr. Barr said on Monday, adding that he believes that the administration can find a legal path to incorporating the question.”

More from Barr:

“I felt the Supreme Court decision was wrong, but it also made clear that the question was a perfectly legal question to ask, but the record had to be clarified…”

The ruling left open the possibility that the citizenship question could be added to the census if the administration came up with a better rationale for it.

Here’s a way to look at what the Administration means: The Supreme Court said we couldn’t do this. Our reasoning was stupid and insulting. So now, we have to come up with something better. Yeah, we said it was too late for that, but we’re working on a brilliant new reason.

And you shouldn’t make anything of the fact that the lawyers the DOJ had working on it just quit:

“Barr also acknowledged that the career Justice Department lawyers who had worked on the census question had little appetite to continue on the case after Mr. Trump inserted himself into the process…. The Justice Department announced a day earlier that it was replacing them, a nearly unheard-of move.”

On Monday, the plaintiffs in the case asked a NY judge to block the DOJ lawyers’ withdrawal because they did not demonstrate “satisfactory reasons” for the change. On Tuesday, the judge denied the request, except for two DOJ attorneys.

Barr also said that the Trump administration would soon reveal how it plans to add the question, but he wouldn’t detail exactly how it would be justified.

On Monday, Speaker Pelosi announced that she intended to schedule a full House vote “soon” to hold Barr and Commerce Secretary Wilbur Ross in contempt of Congress for defying subpoenas for documents related to the census question. This had been recommended last month by the House Oversight and Reform Committee.

If Barr goes forward, the question will be provisionally added, and a new time clock for the case starts again.

But, Trump may have screwed the pooch. He admitted that the whole point was to favor Republican redistricting, which was exactly what his lawyers have said is not the case, because that’s unconstitutional. Trump said we need the census citizenship question for many reasons:

“Number one, you need it for Congress — you need it for Congress for redistricting,” he said Friday. “You need it for appropriations — where are the funds going? How many people are there? Are they citizens? Are they not citizens? You need it for many reasons.”

Trump apparently doesn’t realize that America bases redistricting on the population of the district, not the citizens in the district. Yet, there’s still a strong possibility that his question will be part of the census.

In the case mentioned above, four Supreme Court justices said they would vote for literally any position the administration takes on the issue. And a fifth vote (Chief Justice Roberts) searched in vain for any possible fig leaf that would allow him to join them. When he couldn’t, he sided with the liberals.

Americans should be outraged that the Trump administration willingly engaged in an illegal action, and then lied about it in federal court. They should be outraged that four members of the Supreme Court thought that was just fine. The Chief Justice thought it could have been fine, had they come up with a less blatant pretext, which he invited them to provide. Any Chief Justice worthy of the title would have simply ruled that the process couldn’t be salvaged.

The big story here isn’t the census question. It’s the DOJ’s legal team refusing to continue working on the case. This is unprecedented, and a really big deal.

The most plausible explanation for their quitting is that they told the Supreme Court it had to decide by June 30th, or the question couldn’t be included. If they now have to go back to SCOTUS, they would have to admit that was a lie.

We have to hope that the administration’s malevolence will be ruined by their incompetence.

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Some Thoughts on L’affaire Comey

The Daily Escape:

Cathedral Cove, New Zealand – photo by Niels Holm

For the past few days, it has been “All Comey, all the time”, both in America and around the world.

You can count Wrongo as one of those who thinks that Comey made some huge mistakes trying to position himself after his take-down of Hillary Clinton, and her self-inflicted email disaster. You can also count Wrongo as thinking that Hillary’s loss was mostly her own fault. That means that you can also count Wrongo as agnostic regarding whether the Russians were behind the hack into the Democratic National Committee, or that their intervention was because they wanted to help Trump win the election.

Democrats argue that Trump and/or members of his administration are “soft on Russia”. Democrats have adopted a neo-con worldview that just a few years ago, they would have hated: That policies are either pro-America or pro-Russia. And, it’s in that pro-Russian box that Democrats are trying to stuff The Donald.

This makes Democrats blind to the possibility that people (even Trump!) could genuinely believe that it’s in America’s interest to be friendlier to Russia. That we could cooperate on certain issues without being agents of Putin. Perhaps you remember that Obama said just that in his first term.

So let’s turn to Comey’s firing. Thursday’s NYT had a complete listing of members of the House and Senate and their reaction(s) to the firing. And yes, if you went back a few years to Republican calls for special prosecutors to examine Democrats, the script was flipped, with most Dems then taking the position that Republicans are taking today.

It’s the kind of game that has become acceptable in today’s Washington swamp.

Wrongo isn’t happy with Comey’s performance as FBI director, but we now stand on the edge of a precipice without him. He ran into trouble because AG Loretta Lynch had to recuse herself during the Clinton email investigation. That led to his free-lancing, and his inexplicable testimony. Then AG Sessions had to recuse himself from any Russia-related investigation. And shortly thereafter, the tempo of the investigation changed, and Comey needed someone to approve additional resources for the Russia investigation. The WSJ reported:

Comey started receiving daily instead of weekly updates on the investigation, beginning at least three weeks ago…Comey was concerned by information showing possible evidence of collusion.

Now, the firing of Comey opens up the FBI and the DOJ, by custom and tradition an agency that is independent from politics, to outside political control, to a new director forcing a reduction in funding or other resources critical to the investigation.

Ostensibly, the issue isn’t the fact that Comey was fired. It’s about the timing. In turn, that is directly linked to the fact that the FBI is investigating Trump. Most think that the FBI Russia operation was breathing down the neck of the Trump campaign and their operatives. They think that the Comey firing is an effort to slow down, or wind down, the investigation prematurely.

The question is, will the new FBI director do either of those things? Wouldn’t the FBI agents involved in the investigation revolt/go public if a new director defunded the effort, and/or reduced the commitment to it? And the FBI is not running the investigation by itself. Their investigation is overseen by prosecutors. We heard this week that there is a grand jury. We hear that they’re issuing subpoenas. That’s not being done by the FBI. It’s being done by prosecutors in the DOJ.

And that’s where the ball sits. The American people have to rely on AG Jeff Sessions, who may be recused, but who guarantees that? Or it rests with Deputy AG Ron Rosenstein, who is in the job for a couple of weeks. Or it rests with a to-be-appointed FBI Director. Bloomberg is reporting that Trump is considering former Congressman and former FBI agent Mike Rogers, who is far too political, or former New York City Police Commissioner Ray Kelly, who is all hat and no cattle.

There are hundreds of thousands of stories and millions of words being written about this. Trump shouldn’t expect this to go away.

In fact, he should publicly support getting to the bottom of it, rather than acting like Richard Nixon. That didn’t end well.

Some music: Here are the Waifs, an Australian blues/rock band formed in 1992, fronted by two sisters, doing “Crazy Train”. It’s the train America is on right now:

Those who read the Wrongologist in email can view the video here.

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