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whatsfordinar?

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  1. donald_trump_president-elect_portrait_cr

    Below is my column on the latest alleged crime by President Donald Trump: “Felony bribery.” The allegation shows not only a fundamental misunderstanding of legal standards but a fundamental failure in legal analysis.

    Here is the column:

    The headlines blasted the news: “Trump Accused of Bribery.” From Forbes to Newsweek, the latest crime was breathlessly reported after former George Bush ethics lawyer Richard Painter declared President Trump a criminal for raising campaign funds for senators who would sit as his jury in any impeachment trial. Over the last three years, such crimes have been declared by legal analysts with a certainty equaled only by their lack of permanency. It began with months of criminal collusion, which is not a crime, before evolving into treason, conspiracy, subornation of perjury, obstruction of justice, campaign finance violations and other offenses.

    None of those crimes are included in the impeachment inquiry approved by the House in a partisan vote this week. Despite Democratic leaders insisting the special counsel report gave “ample” basis for impeachment charges, the resolution was conspicuous for its absence of any discussion of these prior “clear” crimes. The whole Russian scandal appears mere prelude to the real criminal conspiracy focused on a July phone call, after special counsel Robert Mueller presented his findings to Congress.

    Even on cable news, Painter has distinguished himself as a perpetual motion machine of accusations. He previously said that Trump could be impeached and removed on such grounds as a tweet referencing his ability to use nuclear weapons against an attack by North Korea. Painter also claimed that Trump met the “dictionary definition” of treason, based on Russian interference in the 2016 election. He called for the removal of Trump, under the 25th Amendment, as constitutionally incapacitated.

    Now Painter claims that the use of a “vast fundraising network” for some senators seeking reelection in 2020 is a crime. He flatly declared that “this is bribery,” no different than bribing jurors. Any senator accepting such contributions, he insisted, would be “guilty of accepting a bribe” and “should go to the slammer.” Just because a president may face a Senate trial, he is not required to end political activity, particularly with control of Congress in the balance. If that were the case, an opposing party could shut down any political activity by the president by impeaching him.

    What is curious about this theory is that Painter does not appear to have any ethical problems with the potential “jurors” including himself running on their support for impeachment. He unsuccessfully ran for the Senate seat vacated by Democrat Al Franken of Minnesota by promising to vote against Trump if elected. Last year, Time magazine reported that Painter “made clear that calls for impeaching the president would be a major part of his platform” and quoted Painter as saying that the removal of Trump was a “very important component” of his campaign for the Senate.

    In their campaigns and fundraising, various members of Congress have declared that Trump is guilty of numerous crimes. Future Senate jurors such as Democratic presidential candidate Elizabeth Warren have raised money based on impeachment pledges and stating that Trump is guilty. Not waiting for a trial, fellow candidate and Senate juror Kamala Harris declared in the last debate, “As a former prosecutor, I know a confession when I see it. He did it in plain sight. He has given us the evidence.”

    Candidate Julián Castro announced that Trump has not only committed impeachable offenses but should be immediately removed. Various House members have pledged to seek impeachment. Representative Rashida Tlaib has sold profane shirts with her impeachment slogan for $29. If Trump is guilty of bribery, then Democrats are guilty of solicitation.

    Why is it ethical for a potential Senate juror to raise money or campaign on a promise of voting for conviction, before charges are brought and let alone tried, yet call Trump a criminal for raising campaign funds to keep control of the Senate? Of course, this is a standard that did not apply to President Clinton, who actively campaigned for and helped finance Democratic senators who sat in judgment at his impeachment trial.

    The bribery allegation also contradicts the Democratic talking point that impeachment is a political process rather than a legal one. When some of us have objected that such claims of clear criminal acts did not meet the standard of the criminal code or prior rulings, experts have insisted that this is more of a political judgment. Representative Maxine Waters has insisted that this is a political judgment and that “impeachment is about whatever Congress says it is.” So why is it a crime to respond in a political way by fundraising to maintain a Republican majority in the Senate?

    I have never agreed with dismissals of impeachment as a purely political process. The Constitution includes a legal standard of “high crimes and misdemeanors” that has long been defined in light of controlling legal definitions and case law. I disagree with former acting Attorney General Matthew Whitaker, who seemed to suggest that “abuse of power” cannot be the basis for impeachment because “abuse of power is not a crime.”

    Abuse of power is clearly impeachable. If the Senate established such abuse of power in a quid pro quo arrangement with Ukraine, it could be the basis to remove Trump. However, the fact that abuse of power is not a standalone crime does not make it a purely political judgment. It is based on the misuse of public authority and trust in carrying out duties defined by law and practice. It is a difficult standard to prove. All elected officials use their offices to advance themselves. The Senate would need to clearly distinguish the conduct of Trump from the myriad decisions made by his predecessors that benefited their positions or those of their parties.

    Moving forward with an allegation of abuse of power is problematic if that is the sole grounds for removal. Abuse of power is stronger in the context of other specific articles of impeachment. If abuse of discretion is the sole or primary charge, it would maximize the chances for the defense in a Senate trial, in which the president can cite a variety of motives, allowing for claims of reasonable doubt by senators. Politics inspires many things, but ethical clarity is not one of them. However, the law is based on both clarity and consistency. That is why no one is “going to the slammer” for bribery. The greater problem is not jurors, but analysts, behaving like politicians.

    https://jonathanturley.org/2019/11/04/if-trump-is-guilty-of-bribery-the-democrats-are-guilty-of-solicitation/

    Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University. He also served as the last lead counsel in a Senate impeachment trial and testified as a constitutional expert in the Clinton impeachment hearings. You can follow him on Twitter @JonathanTurley.

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  2. https://www.newsmax.com/finance/georgementz/trump-economy-best-50/2019/06/05/id/919096/

     

    For how long?

     


    10 Reasons Trump Economy Is Best in 50 Years
    (Paulus Rusyanto/Dreamstime)
    By George Mentz 
    Wednesday, 05 June 2019 03:41 PMCurrent | Bio | Archive
      

     



    After many years of unemployment and war, the U.S. economy has made a dramatic comeback. The credit can only be given to President Donald Trump's promised rollback of the tax and regulatory schemes implemented from 1993 until he was elected.

    Here are 10 facts since Trump was elected that prove this is the best overall economy in more than 50 years:

    Employment: PBS News Hour confirmed that this is the best labor market since 1969 with low unemployment, more jobs and rising wages.
    GDP: Trump is the first president to have GDP consistently higher than 3%, President Barack Obama was only the president to fail to achieve one year of 3% GDP growth.
    Wages: The Washington Post even surrenders to the fact that Trump is the first president to improve wages in a generation where income is at an all-time high.   
    Stock Market: CNN says the stock market has roared more than 40% since Trump’s election.
    Gas and Fuel Prices: Gas prices are low in most U.S. states that don't over-tax fuel with local and state taxes. Many states have $2.15 per gallon gasoline right now. Gas prices may fall this summer according to the latest news.
    Ethnic Employment Success: The employment success for all ethnicities is at record high. Obama had difficulty creating jobs and many people gave up looking for work.
    Manufacturing Jobs: Manufacturing jobs are back in the U.S. for the first time in a generation. Trump created 284,000 manufacturing jobs in 2018. Forbes implied that millions of manufacturing jobs were lost during Obama’s first 2 years in office. Some 1 in 6 were lost between January 2008 and March 2010 and Obama never got those jobs back.
    Taxes and Regulatory: Corporate taxes were cut from 35% to 21%. America moved from worst tax system up to one of the most competitive in the world under Trump’s first 2 years in office. Lower tax rates allow U.S. companies to spend more money, buy more assets, pay more employee benefits, buy stock back to put money on Main Street and into state coffers, and even help pay better dividends to seniors who live paycheck to paycheck.
    Nasdaq: The Nasdaq stock market value finally exceeded the 1999 prices under Trump. This implies that companies were stagnant for 18 years until Trump took office.
    Level the Playing Field: With a mixed bag of tax-code improvements, removal of red tape, new trade agreements, and competitive tariffs, the U.S. economy is more insulated from failure. Even the Federal Reserve is willing to lower rates if other countries harm the U.S. trading environment.
    With lower taxes, more jobs, no war, and a strong stock market, the U.S. may be poised to maintain the economic boom started by Trump. After a generation of war and unemployment problems, it is possible that the U.S. can have lasting prosperity if it continues to utilize common-sense economic strategies; however, the youth of our country must pay the $10 trillion of new debt created by Obama.

    Because of technology and other efficient systems, inflation is remaining low. What is strange is that the Federal Reserve in this new era seems to unilaterally create artificial inflation rather than slow it down. Thus, we are in a new paradigm of the Trump Era and we are now competing with the other 180+ countries around the world to remain the most business friendly super power.

     

    Can the economy blow up again? The answer is yes if there is a combination of forces of debt, lower productivity, higher taxes, higher interest rates, lower foreign investment, and less spending. The biggest problem is paying unfunded liabilities and the debt created by Obama. Thus, the only way out of this mess is to continue to create jobs, get people off of public assistance by allowing great jobs to be created, create more government revenue through lower taxes on a larger group of new producers, and lower the costs of running government.

     

     

     

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