Wednesday, November 27, 2019

Perhaps David Bossie's Thinking Is Taking Roots! Dershowitz and I Agree.


Why I stand outside the door to the gym and ogle.
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Trump Twitters because that is the way he communicates what he has to say with his constituents because the mass media refuses to report honestly.  Why?

I offer several reasons:

a) Like social departments at universities and colleges the mass media is loaded with radicals, liberals and those who hate our nation and want to bring it to it's knees.

b) Those who are employed  in the mass media have gone to colleges and universities where their professors are (see a above.)

c) They also are not schooled in the ways of former media icons like Eric Severied, Walter Cronkite, Jack Germond etc.

d) Once the mass media became acquired by large corporations they became purveyors of entertainment, not hard news.

That said, I would  like to see Trump , when he talks to large audiences,  follow the advice of Karl Rove and focus on his vision of the kind of America he wants, what he seeks to accomplish should he be re-elected and emphasize the need to have a Congress that he can work with and make compromises that are favorable for the nation.

It appears black voters are beginning to understand if Trump is a racist, as progressive radicals would have them/you believe, he has done a lousy job .  Why? Because he has reduced their  poverty numbers, provided them jobs, fought illegal immigration, passed laws that reduced incarceration for minor crimes etc.  Perhaps, as David Bossie told me, blacks will wise up and break their enslaved ties to the Democrat Party and save the nation  from another radical Democrat presidency.

Robinson & Eberle, RCP
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Eventually black Americans will achieve the level of acceptance they demand and when that happens they will beheld to the same standards as everyone else.  That may turn out to be something they will regret or it might make them better citizens.  Time will tell.

In the case of Israel, certain Arab nations are also finally coming around.

Top Arab Figures From 15 Countries Meet to Say 'No' to BDS
Times are changing: Arab journalists also visit Israel Read right-arrow.png

Hamas has yet to get the word. (See 1 below.)
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Both BIBI and Trump are being crucified on trumped up charges for political reasons according to Dershowitz.

I have said and believe no less. 

As long as hatred drives politics in both America and Israel, China and Russia and other assorted adversaries will continue to be advantaged.

We continue to pay a high price to please our prejudice based on ignorance and lack of ability to reason.(See 2 below.)
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
DORIS
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
1)  IAF hits Hamas targets after rocket fire from Gaza

Military says multiple airstrikes in southern Gaza Strip destroy Hamas posts, a weapons manufacturing facility. No injuries reported.

Israeli aircraft attacked several sites for Gaza’s Hamas rulers early Wednesday in response to rocket fire from the Palestinian enclave.


The Israeli military said the targets of the multiple airstrikes in the southern Gaza Strip included a weapons manufacturing facility. There were no reports of injuries.

The airstrikes came shortly after Israeli Prime Minister Benjamin Netanyahu threatened to “respond vigorously to any attack.”

“If someone in Gaza thinks that he can raise his head after Operation Black Belt, he is sorely mistaken,” Netanyahu said in a statement, referring to two days of intense fighting between Israeli forces and Palestinian militants two weeks ago that was the worst such cross-border conflict in months.

Late Tuesday, the Israeli military had said it identified two projectiles fired from the Gaza Strip, with missile defenses intercepting one.

The rockets attack was the second incident this week and rattled the shaky ceasefire brokered by Egypt and the UN earlier this month that ended the latest round of fighting with Palestinian militants.

The flare-up was triggered when Israel eliminated a senior Islamic Jihad commander in Gaza. The militant group launched hundreds of rockets at Israel in response.

Unofficial ceasefires have led to months of calm between Israel and Hamas, which has ruled Gaza since 2007.
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

2)Trump and Netanyahu: Both Being Investigated for Made-Up Crimes

There are striking similarities, as well as important differences, between the investigations being conducted against American President Donald J. Trump by the US Congress, and Israeli Prime Minister Benjamin Netanyahu, who was just indicted.
The most striking similarity is that both are being investigated for actions that their legislatures have not explicitly made criminal. Moreover, no legislature in any country governed by the rule of law would ever enact a general statute criminalizing such conduct. The investigations of these two controversial leaders are based on using general laws that have never previously been deemed to apply to the conduct at issue and stretching them to target specific political figures.

Netanyahu has been indicted for bribery on the ground that he allegedly agreed to help a media company in exchange for more positive coverage and/or less negative coverage. There are disputes about the facts, but even if they are viewed in the light least favorable to Netanyahu, they do not constitute the crime of bribery.

Nor would the Knesset ever enact a statute making it a crime for a member of Knesset to cast a vote in order to get good media coverage. If such a law was ever passed, the entire Knesset would be in prison. Politicians always seek good coverage and many vote with that in mind. Some even negotiate good coverage in advance of voting. That is why they have press secretaries and media consultants.

Nor could a reasonable statute be drafted that covered Netanyahu's alleged conduct, but not that of other Knesset members who bartered their votes for good coverage. That is why no legislature in a country governed by the rule of law has ever made positive media coverage the "quid" or "quo" necessary for a bribery conviction, and that is why the bribery indictment of Netanyahu should not be upheld by the courts.

Upholding a conviction based on positive media coverage would endanger both the freedom of the press and democratic processes of governance. Prosecutors should stay out of the interactions between politicians and the media unless specifically defined crimes, as distinguished from arguable political sins, are committed, and no one should ever be prosecuted for actions that were never made criminal, and would never be made criminal, by the legislature.

President Trump is also being investigated for alleged bribery. Originally the Democrats thought they could impeach him for non-criminal conduct, such as alleged maladministration, abuse of office or immoral conduct. I think they have now been convinced by me and others that no impeachment would be constitutional unless the President were found guilty of the crimes specified in the Constitution, namely, "treason, bribery or other high crimes and misdemeanors." So the Democratic leadership has now settled on bribery as an offence for which they can impeach President Trump. The problem with that approach -- similar to the problem with the Israeli approach against Netanyahu -- is that it is simply not a crime for a President to use his power over foreign policy for political, partisan or even personal advantage. Imagine Congress trying to pass a law defining what would constitute a criminal abuse of the foreign policy power, as distinguished from a political or moral abuse.

Presidents have even engaged in military actions for political gain. They have given aid to foreign countries to help themselves get elected. They have appointed ambassadors based not on competence but on past and anticipated future political contributions. None of these has ever been deemed criminal, and Congress would never dream of enacting a criminal statute that sought to cover such conduct.

Could it carve out a specific crime based on seeking personal political advantage rather than partisan political advantage? I doubt it. But even if it could parse such a statute, it has not done so. And if it has not done so, neither Congress nor prosecutors can seek to criminalize the exercise of a President's foreign policy power on the ground that they do not like the way he used it or even if he abused it.

The central aspect of the rule of law is that no one may be investigated, prosecuted or impeached unless his conduct violates pre-existing and unambiguous prohibitions. Neither Congress nor prosecutors can make it up as they go along, because they, too, are not above the law.

Now to the differences. Israel is a parliamentary democracy in which the Prime Minister can be removed by a simple vote of no confidence. There is no requirement of, or need for, an impeachment mechanism. The United States, on the other hand, is a Republic with separation of powers and checks and balances. The Framers, led by James Madison, saw the impeachment power as central to preserving our Republic and not turning it into a parliamentary democracy. That is why they rejected a proposal that would have permitted impeachment on the ground of "maladministration." Such an open-ended criteria, according to Madison, would have resulted in a situation in which the President served at the will of Congress. That is why Madison insisted on the specific criteria for impeachment that the Framers ultimately accepted.

Although the differences between Israel and the United States are significant, they share in common the rule of law. Under the rule of law, properly applied, neither Netanyahu nor Trump should be deemed guilty of bribery.

Alan M. Dershowitz is the Felix Frankfurter Professor of Law Emeritus at Harvard Law School and author of The Case Against the Democratic House Impeaching Trump, Skyhorse Publishing, 2019, and Guilt by Accusation, Skyhorse publishing, 2019.
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ 

No comments: