Month: December 2018

Ethics, Supreme Court December 29, 2018December 30, 2018

The 83 Complaints Filed Against Kavanaugh Prove Beyond A Doubt

“Equal justice under law is not merely a caption on the facade of the Supreme Court building; it is perhaps the most inspiring ideal of our society. It is one of the ends for which our entire legal system exists… it is fundamental that justice should be the same, in substance and availability, without regard to economic status.” ~Lewis Powell. Jr

Powerful symbols adorn the Supreme Court seemingly to reinforce that all the noble ideals they embody are real, and true.

Equal Justice Under Law

There were 83 complaints filed against Brett Kavanaugh by the middle of September 2018. Chief Justice John Roberts sent these to the Tenth Circuit Court of Appeals in Colorado to be reviewed. On December 18, 2018, all were dismissed by Chief Circuit Judge Timothy M. Tymkovich. Tymkovich’s decision to dismiss was based on Associate Justice Brett Kavanaugh now being on the Supreme Court and thus Tymkovish didn’t have jurisdiction.

The Guardian or Authority of Law

The 83 complaints are very well written, with extensive details and documentation proving beyond a reasonable doubt that Kavanaugh is guilty of perjury, political bias, and improper Code of Conduct. Having emails that prove Kavanaugh lied under oath is damning, not to mentioned Kavanaugh’s inappropriate behavior being publicly televised and viewed by more than 20 million.

Contemplation of Justice

The Tenth Circuit Court of Appeal’s dismissal, cannot be the end of this grievous injustice. The Supreme Court building itself, the grounds and architecture, have strongly articulated exactly what the standards and expectations are for any Supreme Court Justice. Kavanaugh falls well below the bar.

Based on the complaints providing irrefutable facts that prove Kavanaugh’s guilt, and Chief Circuit Judge Timothy M. Tymkovich citing jurisdiction, the only path available is to annul Kavanaugh’s confirmation so that the complaints can be processed within the guidelines outlined by the Court of Appeals.

Executive Branch, Legislative Branch, Russia, Trump December 28, 2018January 11, 2019

Trump’s Alarming New “Countering Weapons of Mass Destruction Office”

What is the renaming of the Domestic Nuclear Detection Office really about?

Mysteriously, on Friday 21 December 2018 – a tsunami news day following Defense Secretary Mattis’ abrupt resignation, and his chilling resignation letter being shared with the American public, followed by Congress and Trump’s intense battle over border security and funding the wall, which resulted in the entire country waiting with baited breath to see if the government would shutdown, which it did – there was a seeming innocuous little Trump tweet mixed in with all this high drama.

This announcement deals with the most perilous of all subject matters, nuclear weapons, and can only be processed with a giant question mark.

The original Domestic Nuclear Detection Office reads like a fully integrated, multi-level massive program that has been fine-tuned over the past 16 years.

The new H.R. 7213 bill is very simple and direct and not a bill that anyone would necessarily pause and analyze. It’s presented as an office name change, just as Trump’s tweet indicates.

However, the link trump included in his tweet, with an official “Statement by the President,” dated Friday 21 December 2018, is anything but simple and direct. Trump’s abnormal letter leaves one to wonder whether this bizarre verbiage is being crafted as a counter strategy for Trump’s intense anti-Mueller, anti-Dem animus.

What does Trump mean when he declares, “My administration will treat this provision as advisory. I hope that consultation will be possible, and I recognize the benefits of working with congress on the ‘Securing the Cities’ program. Nevertheless, the Act’s mandatory consultation provision is not consistent with the Constitution’s separation of powers.”

Huh? What is Trump talking about?

Does this Presidential Statement carry any weight? Is it legally binding? It reads like a major power usurpation. In the original Domestic Nuclear Detection Office program, there’s no mention at all of the president being included in the decision making.

Further, the Presidential Statement goes on to state: “Section 2(g)(6) of the Act purports to require the Secretary of Homeland Security annually to provide a report to the Congress that includes recommendations for any necessary statutory changes regarding the CWMD Office, or, if no statutory changes are deemed necessary, an explanation of that conclusion. My administration will treat this provision in a manner consistent with Article II, section 3 of the Constitution, which provides the President the discretion to recommend to the Congress only ‘such Measures as he shall judge necessary and expedient.’”

Trump’s Presidential Statement blatantly ignores Article 1, section 8, clause 1 of the U.S. Constitution, which mandates, “The Congress shall have the Power to… provide for the common Defense and general Welfare of the United States.” This is common knowledge and has been referenced often during Trump’s presidency.

Unfathomably, Article II, section 3 is nothing more than an outline of how the Electoral vote determines the winner of a presidential election and thus clearly has no bearing on this subject matter.

This tweet seems like another “Severe” CODE RED warning to the American public, particularly Dems and the Mueller team. It actually reads like a threat.

Budget, Immigration, National Security, Trump December 26, 2018

Border Solutions for $5 Billion | No Wall

In light of the hundreds of thousands of social media posts and tweets over the holiday weekend amidst the partial government shutdown, which occurred because of Trump’s willfully blind demand that $5 billion be earmarked to build a border wall, which the vast majority of us know is a futile mission considering how simple and easy it is to tunnel under, or climb over the wall – after all, where there’s a will there’s a way… and our ancestors certainly proved this when they crossed the Atlantic, or trekked across the Sierra Nevadas – it’s time to quickly brainstorm solutions since our president can’t.

Trump is obstinate. He’s not a flexible thinker. Trump latches onto an idea from last century, or in this case, from over a millennium ago, and refuses to let it go and sadly appears completely unable to adapt to reality. Because Trump’s thinking is cemented, he’s not the fittest to find a workable solution.

It’s time to drowned social media with bright ideas. This proposal is a work in progress, but solutions are only found by taking the first step.

Immigration and our AMERICAN PRINCIPLES:

Immigration is part of the American DNA, it’s what has enabled us to become a superpower of goodness that lights the world
We must open our doors to asylum seekers
We must have an efficient and effective path to citizenship
Dreamers must be protected
We must stop guns and drugs and the cartels from crossing the border, as well as other criminals

How to properly apply $5 Billion to securing our border, as well as maintain our American principles:

SUGGESTION: $5 Billion can be used for infrastructure
Many of the jobs created can be given to asylum seekers and migrants seeking citizenship
Back in the 1800’s, once the trans continental railroad was built, and the railway barons (Vanderbilt, Astor, Carnegie) dreamed of towns developing across the heartland, they went in search of immigrants and made deals with them to relocate to America to farm the heartland, offering homesteads, travel expenses and opportunity; more than five million Germans flooded in to what became known as “the German triangle“
Why not do something similar with the current immigration crisis, create small communities, provide infrastructure job opportunities similar to what we did during the great depression when damns, bridges and highways were built through the WPA and the New Deal
If it worked then, it can certainly work now; it’s great to already have a blueprint to follow

This is a seed idea that needs to be watered, nurtured and given sunlight. Stamping it out without coming up with another idea is pointless. Five billion for the wall is also pointless.

Constitution, Corruption, Judicial Branch, Trump December 25, 2018December 25, 2018

Trump DC Hotel Lawsuit Moves Forward

The Constitution of the United States of America, Article I, Section 9 state: …”No Title of Nobility shall be granted by the United States: And no Person holding any office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any king, Prince, or foreign State.”…

On December 4, 2018, just 3 weeks ago, amidst the tidal wave of Flynn and Cohen news, the AP reported that U.S. District Court DC Judge Peter J. Messitte approved subpoenas alleging Trump profited off the presidency.

The lawsuits were filed by two Attorney Generals, one in DC and the other in Maryland. After the judge approved the subpoenas, the AGs were able to move forward and subpoena twenty companies and government agencies.

It looks to be a very strong case:

According to the Washington Post, Saudi’s paid $270,000 to fund 500 nights at the Trump International Hotel in DC for U.S. veterans
The nightly rate for these stays, $768
USA Today reported that the Trump Organization earned $40.4 million in 2017, Trump’s first year in office
$350,000 was of this Revenue was from campaign funds, 60% of which came from RNC USA Today went on to state
Hotel’s guests included representatives from: Saudi Arabia, Malaysia and Kuwait
Numerous political events are held at the hotel, including one funded by the Philippine government
Trump is obligated to donate foreign government profits to the US Treasury, in light of the emoluments clause, but trump only donated $151,470 without supplying any documentation
Senator Blumenthal of Connecticut is actively involved in monitoring Trump’s International DC Hotel, along with the representatives of foreign governments who stay there, as well as the two lawsuits filed against Trump relating to profiting from his presidency

It’s been two years and Trump hasn’t be able to put this conflict to rest. Instead, it’s grown that much more significant, especially in light of Jamal Khashoggi’s grisly murder and how much Saudi money is tied into Trump’s DC hotel.

Executive Branch, History, Trump December 25, 2018December 25, 2018

The Ha Ha Border Wall & Our Founding Fathers

There have been borders and boundaries and enemies since the beginning of time. It seems that Trump would have us believe that borders, and citizens from foreign countries crossing borders, are a brand new phenomenon. These issues have all been worked out before, so why is this difficult for Trump?

In 1785, Thomas Jefferson and John Adams were enthralled with a sensational discovery they made while meandering through a British garden where they nearly stumbled into a Ha Ha, (originally, the French stated “Ooh-la-la” when they first saw this innovative border solution; the British shortened it to Ha Ha).

During the mid-to-late 1600’s, the Royal Society of London became passionately consumed with botany and horticulture. Landowners had always grown their own crops to feed their families, and raised their own farm animals. They created utility gardens for these necessities. But with the advent of the botanical age, they were eager to add an ornamental garden to their landscape, and struggled to find a solution for keeping the farm animals away from their ornamental masterpieces. They didn’t want barrier walls that would block the views of the flowering shrubs and trees and colorful flower beds. A creative problem solver came up with the clever idea to dig a ditch that would keep the animals on the utility side of the garden without blocking the views of the ornamental side.

Resourceful, flexible thinking usually nets excellent results. Trump is a complete 180 from our Founders. Is there any way to bend Trump’s rigid, cemented opinion?

Photograph by Google Images

Legislative Branch, National Security, Trump December 24, 2018December 24, 2018

Dem’s Innovative Border Security Plan

The Democrats have proposed a very sophisticated, efficient, and economical security plan that will bring us forward in successfully accomplishing the mission of stronger security along our Southern border. President Trump apparently refuses to consider these innovative ideas.

We’re all familiar with the invisible fence created for our pets; these have existed for decades, ever since it was invented in 1973. The infinitesimal expense – especially when compared to the cost of a stone or concrete wall lining residential property, or even a wooden fence for that matter – in addition to the aesthetic advantages, have made invisible fences a very successful consumer product.

Ranchers have also been resourceful in coming up with innovative solutions in containing cattle and horses; and farmers are very creative in their methods of keeping predators away from crops. For example:

Invisible fence for Cattle – all that’s required are two components, the charger and the fence wire
Guard animals – Many farmers rely on guard animals to keep predators away from crops, examples: llamas, donkeys and dogs

With these proven solutions in mind, it makes sense that many lawmakers are thinking along these line for our Southern border. The options currently being floated by the Democrats, some of which were outlined by Senator Durbin on Meet the Press December 23, 2018 include:

Fund the Z Portal to dramatically increase the scanning of trucks and cars coming across border, we currently only screen approximately one out of five cars and trucks
Integrated Fixed Towers (IFT) system, “with radar, day and night cameras, and thermals imaging” to monitor thousands of miles of border; used along the border between Israel and Palestine
Predator Drone Aircraft, certain areas along the border in Texas are currently using this type of equipment for monitoring the border that the military brought back from Afghanistan

There are clearly many technological advancements that make border control much more simple and more advanced than the medieval stone wall of the 14th century that Trump is demanding.

Climate Change, Environment, Legislative Branch, Mitch McConnell, Senate December 22, 2018July 11, 2019

McConnell Most Responsible for Climate Change

Kentucky Senator Mitch McConnell was first elected to the United States Senate in 1984. After serving five terms, he was re-elected to a sixth in 2014. He steadily rose the ranks to various leadership positions:

National Republican Senatorial Committee | 1998 – 2000
Majority Whip | 2003 – 2005, 108th Congress
Minority Leader | 2006 – 2014
Majority Leader | 2014 – present

The global temperature in 1984, when McConnell was first elected, was 14.10 Celsius / 57.38 Fahrenheit. During the thirty-four years since then, the global temperature has risen to approximately 14.8 Celsius / 58.64 Fahrenheit, more than half of one full degree. Numerous urgent international global warming warnings have spanned the past three plus decades; McConnell was present for every single one of these. In his leadership capacity, McConnell had the unmistakable, repeated opportunity to rally support and Legislative action to curb the rise in global temperature, but he chose to shun responsibility, bury his head in the sand and aggressively promote the fossil fuel industry. His campaigns have received a stunning $2,151,444 from Oil & Gas industries.

Timeline of Global Warming Warnings During McConnell’s Tenure in the Senate:

1985 – Villach Conference | Consensus amongst experts, global warming inevitable, calls on governments to “consider international agreements to take action to restrict emissions”
1987 – Montreal Protocol of the Vienna Convention | “imposes international restrictions on emissions of ozone-destroying gases”
1988 – Toronto Conference | “calls for strict, specific limits on greenhouse gas emissions; UK Prime Minister Thatcher is first major leader to call for action”
1989 – Global Climate Coalition established | created by “fossil-fuel and other U.S. industries to tell politicians and the public that climate science is too uncertain to justify action”
1990 – First IPCC Report | “world has been warming and future warming is likely”
1992 – Rio de Janeiro Conference | “produces UN Framework Convention on Climate Change, but U.S. blocks calls for serious action”
1995 – Second IPCC Report | “detects ‘signature’ of human-caused greenhouse effect warming”
1997 – Kyoto Protocol | “setting targets for industrialized nations to reduce greenhouse gas emissions (rejected by U.S. senate in advance)”
2000 – Global Climate Coalition dissolves | “as many corporations grapple with threat of warming, but Oil lobby convinces U.S. administration to deny problem”
2001 – Third IPCC Report | “global warming, unprecedented since the end of the last ice age, is ‘very likely,’ with highly damaging future impacts”
2004 – “First major books, movie, and art work featuring global warming appear”
2005 – Kyoto Treaty | “signed by major industrial nations except U.S.”
2006 – “An Inconvenient Truth” documentary | “persuades many but sharpens polarization”
2007 – Fourth IPCC Report | “warns that serious effects of warming have become evident”
2009 – Copenhagen Conference | “fails to negotiate binding agreements,” hopes fade of “avoiding dangerous future climate change”
2015 – Paris Agreement | 196 nations/state parties “pledge to set targets for their own greenhouse gas dust and to report their progress” | McConnell sends letter “urging states not to comply with EPA’s Clean Power Plan”
2017 – McConnell succeeds at urging Trump to pull United States out of Paris Agreement
2018 – Katowice Climate Change Conference COP24 | “leaders reach deal bolstering Paris Agreement,” but not United States, “U.S. held event promoting fossil fuels“

In a stunning rebuke of the 800 million people across the globe who are impacted by global warming, McConnell has consistently corralled his senate colleagues, and now the current president, to maintain staunch opposition to the science behind the global warming warnings. Despite the scientific facts, and the yearly physical proof that climate change is a reality, McConnel persists at denying the research and guidance of experts, and plows forward with legislating in conflict with the damaging impact of climate change reality.

Unfortunately, McConnell’s thirty-four years representing Kentucky in DC have not proven to be a career of public service, but rather of self-service. Hundreds of thousands of lives have been lost, and many millions are at stake.

Children, Senate December 19, 2018December 21, 2018

Senators Fight to Protect Children

WASHINGTON (December 19, 2018) – Today, Senator Ed J. Markey (D-MA) announced that he and fellow Senators on the Commerce, Science and Transportation Committee – Richard Blumenthal (D-CT) and Tom Udall (D–NM) – have written a letter urging the Federal Trade Commission to initiate an investigation into the Google Play store.

In a pointed communication of concern addressed to FTC Chairman Simons, along with four key Commissioners – Chopra, Wilson, Phillips and Slaughter – the Senators outlined their key areas of grievance:

The apps for many of the toys featured in the Google Play Family section do not comply with the Children’s Online Protection Privacy Act (COPPA)
For example, apps created for toys such as Elmo and Furby share “user information in an insecure manner” as well as “share persistent identifiers with third parties in an unencrypted form”
Additionally, many contain advertisements not appropriate for children such as gambling, alcohol, and video games for adults, as well as ads that could frighten children or “result in harm if imitated by children”

The Senators make it very clear that the FTC is obligated to investigate such matters of noncompliance, and that there’s no excuse for failing to protect children and families.

Lastly, the three Senators note that they sent a previous letter to the FTC about the COPPA standards and requirements back on October 3, 2018 and appear to be very annoyed that their previous requests on these dire children safety and security matters are going unheeded. They ended their letter by urging an immediate investigation and requesting a response no later than January 8, 2019.

Judicial Branch, Legislative Branch, Supreme Court December 18, 2018December 24, 2019

Is Tenth Circuit Court of Appeals Legitimate?

Immediately following Brett Kavanaugh’s Supreme Court confirmation on October 6, 2018, Chief Justice John Roberts passed along 83 judicial misconduct complaints filed against Brett Kavanaugh to the Tenth Circuit Court of Appeals in Denver, Colorado. These ethics complaints included: false statements while under oath, political bias, lack of judicial temperament, treating the Senate Judiciary Committee with disrespect, as well as several miscellaneous complaints.

Chief Circuit Judge Timothy M. Tymkovich of the Tenth Circuit Court of Appeals, dismissed all of the complaints in his Order today, dated December 18, 2018.

Tymkovich’s grounds for dismissal were based on jurisdiction whereby he claims that Kavanaugh is now a Supreme Court Judge, and Tymkovich only has authority to resolve complaints concerning the potential misconduct of “covered judges”
Covered Judges include: “a circuit judge, district judge, bankruptcy judge, or magistrate judge”

This all seems a bit fuzzy considering the facts that:

Kavanaugh’s misconduct occurred before he was confirmed to the Supreme Court; if these complaints had to be reviewed before Kavanaugh was confirmed, the vote for confirmation should have been put on hold in order for the complaints to be processed appropriately; it now appears that the GOP rammed the vote through the senate at break-neck speed for this specific purpose… creating a loophole that would protect Kavanaugh from accountability
Chief Justice John Roberts deemed that Tymkovich did have jurisdiction which is why Roberts sent the complaints to the Tenth Circuit Court of Appeals after Kavanaugh was confirmed, or was this a ruse?
Tymkovich denies or dismisses virtually all judicial misconduct complaints; he appears to use a template for the majority of his dismissals and denials;
If we’re shocked by the stunning dismissal of Kavanugh’s misconduct, we should be even more appalled by Tymkovich’s dismissal of the misconduct complaint filed against DC Circuit Judge Richard W. Roberts on July 28, 2017.
Back at the beginning of his legal career, while prosecuting a case in Salt Lake City, Utah, Roberts “raped” 16 year old injured witness Terry Mitchell “nearly every day for a several weeks.” Following this successful trial outcome, Roberts was soon promoted to Assistant United States Attorney in the Southern District of New York where he worked under Rudy Giuliani. Onward and upward until he was nominated to the United States District Court in DC in 1998.

Fuzzy judicial orders like Tymkovich’s today, clearly undermine the rule of law. The fact that this is one of a tremendous number of Tenth Circuit Court Of Appeals misconduct decisions that get dismissed or denied, is nauseating. Is the Tenth Circuit Court of Appeals legitimate? If judges can create a system where they’re never accountable for their misdeeds, yet have the ability to dramatically alter the lives, the fortunes and the destinies of the American public, creating thousands and thousands of victims… it’s an alarming injustice. And it’s unconstitutional.

In light of the fact that Chief Circuit Judge Timothy M. Tymkovich of the Tenth Circuit Court of Appeals has deemed these 83 judicial misconduct complaints filed against Brett Kavanaugh as “serious,” and the legal definition of serious equates to felony, and the world is fully aware of the Republican leadership’s mission to rush Kavanaugh’s confirmation vote to the floor in order to create the beneficial loophole for Kavanaugh, it’s very clear there’s enough evidence to impeach Kavanaugh from the Supreme Court until these complaints can be properly reviewed.

Judicial Branch, Mueller December 18, 2018December 24, 2019

Judge Restricts Flynn to 50 Miles

According to the Washington Post, during Michael Flynn’s dramatic sentencing hearing today, U.S. District Judge Emmet G. Sullivan lambasted Flynn’s egregious wrongs, decried his attempt to blame the FBI, and demanded that Flynn own his crime. At one point, Sullivan asked prosecutors if Flynn’s actions constituted treason.

By the end of this breathtaking courtroom event, after requesting they all return in 90 days, Judge Sullivan restricted Flynn’s travel to 50 miles from DC and declared that Flynn must surrender his passport.