This line, "Excuse me" with a long, drawn-out "excuuuuusssseeeee meeeeee", was a trademark of that "wild and crazy guy," comedian Steve Martin. Including SNL, Martin enjoyed wide-spread fame in comedy circles, including movies, TV, and, of course stand up in the 70s and 80s. He preferred stand-up concert performances due to the interactive nature of a stage/crowd play, the integration of physical comedy along with the verbal barbs, and the instant feedback the performer received from the audience. Many in my generation enjoyed his performances, his albums, and his quirky sense of humor. Donald Trump could use a good dose of Steve Martin these days.... and, his "EXCUUUUUSSSEEE MEEEEE" plea for forgiveness. In Steve's case, the plea was for a little known social faux pas. In Trump's case, it could very well be a plea before a congressional committee during an impeachment hearing or trial, or before an American court in responding to criminal obstruction charges..... Or, hmmmm.... NOT?
We have all learned that Donald Trump has a serious habit of lying all of the time. From the "birther movement", to his promise to release his tax returns, to his oath that he would replace Obamacare with something "much, much better" and would "cover everyone", to his promise that he would not cut Medicare and Medicaid, and, of course, that he would get the "fair share" of taxes from those rich corporations and taxpayers like himself who could afford to pay "their fair share" like everyone else. In each of these cases, Trump has abandoned his pledges, promises, and oaths and, in fact, has taken the very opposite positions as president. His health care proposal would abandon 24,000,000 Americans currently covered and slash Medicaid by nearly a Trillion dollars; his tax proposals are a more radical form of the failed "trickle down" approach initiated by Ronald Reagan, substantially reducing taxes on the wealthiest Americans and our most profitable corporations, and cutting programs that lift-up the working class and the middle class like student aid, school lunch, meals-on-wheels, and dozens more. And, what does all of that fiscal "blood-letting" do to reduce the deficit? NOTHING! The "savings" from program cuts go to increases in the military budget, building a southern border wall (that Mexico was to pay for), and to line the pockets of the already wealthy. Of course, the first thing that Trump did was to "drain the swamp" of all of those Goldman Sachs people who were manipulating Hillary to their advantage, right? NOPE! Instead, he hired Goldman Sachs leaders to run his version of the US Economy from their brand-spanking new positions of Treasury Secretary, Economic Advisor and Chair of the Council of Economic Advisors. So, no great surprise that last week the House passed legislation on a party-line vote to repeal most of the Dodd-Frank financial control laws that were adopted after the housing collapse, mortgage meltdown, and economic crash under President Bush. In fact, Donald Trump has appointed more millionaires and billionaires to cabinet positions and other high policy-controlling positions than any other president in our history! So much for "draining the swamp."
Oh... by the way, those Carrier jobs in Indiana.... You know, the ones that President Trump "saved" through his intervention - and $7 million in tax credits - back in December? Well, last week Carrier announced that it will lay off 600 workers in spite of the deal. The layoffs will start in July and continue until 800 jobs are gone from Indiana. Those manufacturing jobs are moving to Monterrey, Mexico.
But, you say, these are all just "campaign promises" and we know that not proceeding on your promises might result in a failure to get re-elected in 4 years... but, not keeping promises is not a criminal offense. In the case of Trump, maybe even criminal offenses are NOT criminal offenses. Let me explain.
Since the Comey hearing before the Senate Intelligence Committee last week, there has been a considerable amount of discussion regarding impeachment. News shows inevitably came to that topic as the post-Comey testimony alalysis begged the question as to what constitutes "obstruction of justice" and, whether or not such a finding could be the basis of an impeachment or, even worse, criminal charges. I listened carefully to noted attorney and Harvard Law Professor Alan Dershowitz also a frequent news analysis panel member, on this topic. Dershowitz insisted that Trump - or, for that matter - any other president - could not be charged with a criminal act while in office and, most likely, could not be charged at all. His argument is based on the power of "pardon" accorded to the president in the US Constitution (Article II, section 2). Dershowitz argued that this power is unrestricted, but for cases of impeachment, and applies to any other offense that might have taken place. His position traces back to a Supreme Court Case, "Ex Parte Garland (1867)." In a 5-4 decision, the Supreme Court held that the president's pardoning power is "unlimited" and that it "extends to every offense known to the law." Further,, the Court held that the power to pardon "may be exercised anytime after commission, either before legal proceedings are taken, or during their pendency, or after conviction and judgment." Years later in 1975, in a case involving the Ford pardon of Nixon (Murphy v. Ford - 1975), the Court held that the President had the constitutional power to grant pre-indictment pardons, citing "Garland" in its ruling. These "Pre-emptive pardons", though rare, have continued. In late 1992, President George Bush pardoned former Defense Secretary Casper Weinberger who had been indicted earlier that year for matters involving the Iran-Contra affair. So, it seems pretty clear that a President can issue a pardon for any person involved in a criminal matter either before or after being charged and/or convicted of the offense. And, that leaves, can a President pardon himself????
Self-pardon isn't specifically prohibited so it appears that a president CAN pardon himself/herself, although it has never occurred - at least not so far. And, under the interpretation of "Ex Parte Garland" (1867) cited above, it seems that a President could "pardon" him/herself for any crimes committed or that may have been committed but not yet charged. WOW!!! Is it really, really possible that President Trump could pre-pardon himself, Jared, Sessions, Flynn, Manafort, and anyone else involved in the Russian Affair??? It appears to be so, though never specifically tested.
Of course, if that strategy doesn't work, and Trump gets an inmate number, then a new best seller might be in our future.
Stay tuned! But, in the meanwhile, Stand Up! Speak Out! March On! Bobby J
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